2018-11-06 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                               6 NOVEMBER 2018



REPORTS FOR CONSIDERATION OF THE COMMITTEE


1                        MCU17/0005 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
                         ENTERTAINMENT AND DINING BUSINESS TYPE 2 RECREATION, AMUSEMENT &
                         FITNESS (PAINTBALL), 113 MARARA ST COOROY
DOCUMENT INFORM AT ION




Author                              Development Planner, Lisa Pienaar
                                    Environment and Sustainable Development Department

Index                               ECM/Application/MCU17/0005

Attachments                         Nil



EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 6 November 2018 regarding Planning & Environment
Court Appeal No. D155 of 2018 and agree to defend the appeal.


REPORT
On 20 September 2018 Council at its Ordinary meeting, resolved to refuse an application for
Material Change of Use of Premises - Entertainment and Dining Business Type 2 – Recreation,
Amusement & Fitness (Paintball) at 113 Marara Street Cooroy for the following reasons:
1.                       The proposed development is an inconsistent use in the Rural Zone and the increase in
                         traffic on Marara Street from the proposed development is not contemplated by The Noosa
                         Plan.
2.                       The proposed development is contrary to the Transport, Roads and Drainage Code as the
                         development will compromise the capacity and safety of Marara Street.
3.                       The current condition of Marara Street is not capable of safely accommodating any
                         increase in traffic from the proposed development and a satisfactory solution has not been
                         identified to address the constrained sections of Marara Street given the current road
                         formation and environmental constraints.
4.                       A number of properly made submissions have been received raising valid grounds of
                         objection.
As a result of Council’s decision to refuse the application, the applicant has now lodged an
appeal to the Planning & Environment Court. The applicant seeks that the Court approve the
Development Application in its entirety with conditions.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.




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