2019-09-19 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                         19 SEPTEMBER 2019


     B.   Advise the applicant that the structure must be modified to comply with the Development
          Permit for Operational Works (OPW17/015) and approved plans within 6 months.
     C.   Write to the Department of Natural Resources, Mines and Energy and request that the
          Department review the current commercial operations of Jetty 180 to ensure compliance
          with the current lease conditions.
     D.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
     For:        Crs Jurisevic, Pardon, Stockwell, Wellington and Wilkie
     Against:    Crs Glasgow and Jackson
                                                                                               Carried.


3.   MCU19/0081 DEVELOPMENT APPLICATION MATERIAL CHANGE OF USE FOR 16
     ANCILLARY DWELLING UNITS AT 64 GATEWAY DRIVE NOOSAVILLE
     Committee Recommendation
     Moved:              Cr Wellington
     Seconded:           Cr Jurisevic
     That Council note the report by Manager Development Assessment to the Planning &
     Environment Committee Meeting dated 10 September 2019 regarding Application No
     MCU19/0081 for a Development Permit for Material Change of Use for 16 Ancillary Dwelling
     Units situated at 64 Gateway Drive Noosaville and
     A.   Refuse the application for the following reasons:
          1.     The proposed development is not for Ancillary dwelling units as defined under
                 section 2.11.5 of the Planning Scheme because:
                (i)     multiple dwelling units are proposed on the premises;
                (ii)    the proposed dwelling units are not subordinate to the non-residential use.
          2.     The proposed development is for Multiple housing which under Table 11.9 of
                 Division 10 of the Noosaville Locality Plan is an inconsistent use in the Industry
                 Zone requiring impact assessment.
          3.     The proposed development is inconsistent with the Noosaville Locality Code in the
                 following respects:
                 (i)     The proposed use will be incompatible with other uses and works on the
                         premises contrary 11.7.2(a)(i) of the Overall Outcomes Division 16;
                 (ii)    The proposed use fails to protect the subject premises for industrial functions
                         to the exclusion of incompatible uses contrary to 11.7.2(vv)(ii) of the Overall
                         Outcomes Division 16;
          4.     The proposal is inconsistent with Overall Outcomes 14.51.2(a) and (b) of the
                 Detached House Code as land zoned industrial is not suited for residential use and
                 would be located in the vicinity of land uses which would adversely impact the
                 occupation and use of buildings and the site by residents and would result in the
                 residential development preventing or inhibiting the conduct of existing land uses.
          5.     A number of the proposed dwelling units contain upper level storage levels directly
                 accessed by internal stairs which would not meet fire separation requirements of
                 the Building Code of Australia.
          6.     There is no planning need for the proposed development.
          7.     The proposed development is inconsistent with the existing development approval
                 in effect for the development of the site for industrial uses and represents a
                 piecemeal development.

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