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PLANNING & ENVIRONMENT COMMITTEE MEETING 12 NOVEMBER 2024 5.1 PLANNING & ENVIRONMENT COURT APPEAL NO 2611 OF 2024 - MCU23/0105 APPLICATION FOR A MATERIAL CHANGE OF USE FOR MULTIPLE DWELLING (6 SMALL DWELLINGS), FOOD AND DRINK OUTLET AND OFFICE AT 2 BOTTLEBRUSH AVENUE, NOOSA HEADS Author Development Assessment Manager, Patrick Murphy Development & Regulation Department Index ECM/ Application/ MCU23/0105/ Case/ AJG Property Trust & Ors Attachments 1. ATTACHMENT 1 – MCU23-0105 – CASE 2611 OF 2024 – MANAGERS REPORT 2. ATTACHMENT 2 - PROPOSAL PLANS - MCU23-0105 3. ATTACHMENT 3 - PLANNING COORDINATORS DELEGATE REPORT - MCU23-0105 EXECUTIVE SUMMARY This report advises Council that an appeal has been lodged against a decision made under delegation to refuse a development application for material change of use for Multiple dwellings, (6 small dwellings), Food and Drink Outlet and Office at 2 Bottlebrush Avenue, Noosa Heads. The application was refused by officers due to insufficient car parking and design concerns associated with: • It’s unacceptable bulk and scale. • Insufficient setbacks to Noosa Drive and Bottlebrush Avenue. • Not incorporating a mix of lightweight and textured materials. • Unarticulated roof. The matter is in order for Council to defend the appeal. RECOMMENDATION That Council note the report by the Manager Development Assessment to the Planning and Environment Committee Meeting dated 12 November 2024 regarding Planning & Environment Court Appeal 2611 of 2024 and agree to defend the appeal. REPORT Link to Corporate Plan Not Applicable Previous Council Consideration The original application was decided under delegation as the application was code assessable and would have resulted in a deemed approval as the applicant did not agree to the officer’s request to extend the decision-making period so that the matter could be considered by Council. Finance Page 3 of 79
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