PLANNING & ENVIRONMENT COURT APPEAL NO. D44 of 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR FOOD AND DRINK OUTLET AND SHORT-TERM ACCOMMODATION AT 203 - 207 GYMPIE TERRACE, NOOSAVILLE · ATTACHMENT 3 - (MCU24/0074) - PLANNER'S REPORT 17 MARCH 2025

               GENERAL COMMITTEE MEETING REPORT                                                     17 MARCH 2025


               Shaping SEQ 2023 (South East Queensland Regional Plan)
               The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
               with the regional policies of the SEQ Regional Plan.
               Planning Regulation 2017
               The proposal is for urban activity within the Urban Footprint and is consistent with the assessment
               benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
               The proposed development will be located over a site (207 Gympie Terrace) contained on the QLD
               Environmental Management Register (EMR). Section 21(3A) of the Planning Regulation
               prescribes the Chief Executive of DSDIP (i.e. SARA) as the assessment manager for development
               triggered by Schedule 10, Part 4, Division 1 (contaminated land). A separate application will be
               required to be made to SARA in order for a site suitability statement to be issued for the site
               confirming the site can be used for a sensitive land use.
               3.3. Statutory Instruments – Planning Scheme
               The subject site is in Noosaville and is zoned Tourist Accommodation. The proposed uses are
               identified as consistent uses within the zone and are required to follow a code assessable
               application process.
               The application must be assessed against each of the following codes to the extent they are
               relevant to the development:
               •    Noosaville Local plan code;
               •    Tourist accommodation zone code;
               •    Visitor Accommodation code;
               •    Business activities code;
               •    Land subject to acid sulphate soils overlay;
               •    Flood hazard overlay;
               •    Works code.
               The application has been found to generally comply with all applicable statutory instruments. The
               pertinent issues arising out of the assessment are discussed below:

                Criteria                    Planning               Proposal                            Complies
                                            Scheme                                                       with
                                                                                                      Acceptable
                                                                                                      Outcomes
                                                                                                         (AO)

                Building height
                •    Storeys                3 storeys max          3 storeys and roof top terrace          X
                                                                                                      (basement
                                                                                                      more than
                                                                                                       1.0 metre
                                                                                                         above
                                                                                                        ground
                                                                                                         level)
                •    metres                 12 metres              Top of roof top gazebo RL15.6 =        X
                                                                   12.9 metres building height
                                                                   above flood free floor level and
                                                                   approximately     13.9    meters
                                                                   above ground level.

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Document Set ID: 23659553
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Version: 1,
         20,Version
             VersionDate:
                     Date:27/03/2025
                           12/03/2025