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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




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