2017-12-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                             12 DECEMBER 2017


2.    SITE DETAILS
2.1. Background
The original application (MCU14/0008) to develop the site for multiple dwellings for use as either
visitor and/or permanent accommodation was considered by Council at its Ordinary Meeting on
31 July 2014. Council resolved to approve the application finding the following grounds were
sufficient to justify the decision despite the conflict with the planning scheme:
1.    The proposed small low cost permanent and visitor accommodation provides housing
      diversity ideally located in close proximity to the Peregian Beach neighbourhood centre and
      other social infrastructure.
2.    The building design is a well-articulated coastal building style that presents as domestic
      scale and integrates well with development in the surrounding area.
3.    The development allows sufficient separation between buildings, neighbouring properties
      and adequate area for soft landscaping, outdoor recreation and clothes drying areas.
4.    The site has been historically used for visitor accommodation.
The approval granted additional GFA beyond what the Planning Scheme permitted for the site
(approved 523m2 where Scheme allows 480m2). The additional GFA was supported as the
development presented as domestic in scale, was not considered bulky, complied with the site
cover and building height provisions of the code, and would be compatible and consistent with
development in the surrounding area.
An appeal was lodged with the Planning and Environment Court on 4 August 2014 by one of the
properly made submitters. The submitter requested the Court overturn Council’s decision and
refuse the application on the grounds that the proposal was in conflict with The Noosa Plan; was
likely to adversely impact on amenity enjoyed by other uses; will visually dominate; had not
satisfactorily addressed drainage; and there were insufficient grounds to justify approval of the
application.
The matter was heard and development approval issued by the Court on 6 February 2015.
Council received a complaint in August 2016 regarding the enclosure of the balcony of Unit 6.
Council issued a letter on 19 August 2016 requesting the landowner to return the balcony to its
original form or alternatively obtain approval for the works.
As a result of the development being subject to a Court order, any subsequent changes to the
approval must be processed by the Court. The application seeks Council’s preliminary consent
prior to submitting a change application to the Court.
2.2. Site Description
The site has approximately 31m of frontage to David Low Way. There is no significant vegetation
onsite. The site is generally level with a slight slope from the rear of the site towards David Low
Way.
The lot is an odd trapezoid shape with a truncated north east side boundary and a small change
of direction in the south west corner of the front boundary.
The site contains 2 easements, the first being 4.1m wide for an Energex transformer in the south
west corner and the second being 2.5m wide for sewer along the north east side boundary
truncation.
The site has been developed and comprises 9 x 1 bedroom dwelling units in four separate
buildings. The units are 2 storeys with each unit having a gross floor area of 55m 2, except unit 4
having a gross floor area of 83m2.
A locality plan is provided below in Figure 2.




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