2017-12-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                              12 DECEMBER 2017


8                        MCU16/0153 PLANNING & ENVIRONMENT COURT APPEAL 4066 OF 2017 REFUSAL
                         OF DEVELOPMENT APPLICATION MULTIPLE HOUSING TYPE 4 CONVENTIONAL
                         UNITS, VISITOR ACCOM TYPE 4 CONVENTIONAL UNITS & SHARED MULTIPLE
                         HOUSING & VISITOR ACCOM 215 DAVID LOW WAY PEREGIAN BEACH
DOCUMENT INFORM AT ION




Author                               Manager Development Assessment, Kerri Coyle
                                     Environment & Sustainable Development Department

Index                                ECM/ Application /MCU16/0153 /Case /Thomco 2087 Pty Ltd

Attachments                          Nil


EXECUTIVE SUMMARY
Not Applicable

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 12 December 2017 regarding Planning & Environment
Court Appeal 4066 of 2017 and agree to defend the appeal.


REPORT
A report on this application for 26 dwelling units for permanent residency, 20 visitor dwelling units
and 12 permanent/visitor dwelling units at 215 David Low Way, Peregian Beach was considered
by Council at its Ordinary Meeting on 19 October 2017.
At the Ordinary Meeting Council resolved to refuse the application for the following reasons:
1.                       The proposal development is in conflict with the tourism objectives of the planning scheme
                         as set out in the:
                         (i)    Desired Environmental Outcomes; and
                         (ii)   Overall Outcomes for the Eastern Beaches Locality Code,
                                of the Noosa Plan.
2.                       The proposed development is an inconsistent use in the Open Space Recreation Zone.
3.                       The proposed development is for a scale and form of buildings which is incompatible with
                         the informal beachside character of the Eastern Beaches Locality and is contrary to the
                         Overall Outcomes of the Eastern Beaches Locality Code. Furthermore, the proposal is for
                         multiple housing, a form of development which under the Planning scheme is limited to
                         Sunshine Beach.
4.                       The proposed development ignores the Council’s long-held planning strategy whereby the
                         site is to be retained for low-cost visitor accommodation.
5.                       The proposal presents an unacceptable development outcome with respect to adjoining
                         properties in Rufous Street.
6.                       The development provides for an inadequate number of car parking spaces.
7.                       The application has not demonstrated sufficient planning or community need to justify
                         setting aside the clear conflicts with the Noosa Plan.
8.                       The proposed works are contrary to the Natural Hazards Overlay Code as the risk from
                         bushfire has not adequately been addressed and the layout may compromise the safety of
                         people and property in the event of a bushfire.


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