2017-12-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                             12 DECEMBER 2017


9.    The applicant has not sufficiently demonstrated that the development will not adversely
      impact upon the specialised habitat for threatened species through discharge of stormwater
      through the wetland areas of the National Park.
10.   The application for the proposed works has not demonstrated compliance with State
      Planning Policy July 2017 Part E Biodiversity as impacts on matters of state significance
      have not been adequately addressed.
11.   A number of properly made submissions have been received raising valid grounds of
      objection.
The applicant subsequently appealed the decision stating that the application should be
approved subject to reasonable and relevant conditions and the respondent (Council) should pay
their costs of the appeal.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.

Previous Council Consideration
Ordinary Meeting Minutes, 19 October 2017, Item 2, Page 11
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 October 2017 and refuse Applications MCU16/0153 for a
Development Permit for Development Permit for Material Change of Use of Premises - Multiple
Housing Type 4 Conventional (26 units) Visitor Accommodation Type 4 Conventional (20 units)
shared Multiple Housing Type 4 Conventional and Visitor Accommodation Type 4 Conventional
(12 units) (Total 58 units) and REC16/0041 for the Reconfiguration of a Lot (1 Lot into 29 Lots),
situated at 215 David Low Way Peregian Beach
for the following reasons:
1.    The proposal development is in conflict with the tourism objectives of the planning scheme
      as set out in the:
      a.    Desired Environmental Outcomes; and
      b.   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.
9.    The applicant has not sufficiently demonstrated that the development will not adversely
      impact upon the specialised habitat for threatened species through discharge of stormwater
      through the wetland areas of the National Park.




                                                                                   Page 87 of 95