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


               (contained planter). Therefore, for this frontage the second and third floors do not comply with
               acceptable outcome setbacks and requires performance assessment against the PO13.
               The proposed setbacks to Gympie Terrace provide an appropriate built form and setback which
               includes ground-level landscaping and an active frontage as required under the Noosaville
               framework and character plan. The proposed setbacks do not unreasonably obstruct views or
               cause overlooking of private open spaces to adjoining premises and are supported.
               Albert Street setback
               At ground level the proposed design incorporates a 5-metre setback at first and second floor
               increasing to 8 metres at the second floor.
               The applicant submits that setbacks are appropriate for the following reasons;
               The setbacks have substantially increased with the revised design, with a 5m setback along
               Gympie Terrace to the edge of the concrete planter beds and 6m to the balcony.
               The Level-2 setback is 8m to the balcony and roof line, with planters creating a soft landscape
               edge to the balconies, as well as providing a ‘green-roof’ covering for the Level-1 terraces below.
               The setbacks are considerably larger and more compliant with the Acceptable and Performance
               Outcomes - consistent with the character, pattern and landscape character along this important
               part of the Noosa River frontage.
               The site adjoins one residential ‘resort’ property at 9 Albert Street ‘Twin Quays’. The closest units
               within this site contain two balconies, a 4m² rear balcony and a larger 12m² balcony fronting Albert
               Street. The larger 12m² balcony appear to have partial view lines towards the north and the Noosa
               River foreshore. Aerial photography of the premises also shows two rooftop terraces, above the
               third level, setback approximately 20 metres from Albert Street.
               The proposed development includes 5.0 metre and 8.0 metre building setback along Albert Street
               and 9.3 metre southern setback to the Twin Quays boundary. It is likely that the existing partial
               views to the north and northeast (mainly resulting from the Albert Street road reserve width) relating
               to the larger 12m² balcony for each unit will be maintained. View lines from the smaller, 4 m² rear
               balconies and the roof top terraces are likely to be impacted by the proposed development. It is
               noted that the proposed development is a code assessable, consistent use in the Tourist
               accommodation zone and proposes development areas within the site generally in accordance
               with the planning scheme.
               On 22 January 2025 an email was received from a representative of the Twin Quays resort notifying
               Council of their objection to on-site waste removal due to the potential of creating unnecessary
               noise pollution at early hours of the morning. In response to this concern it is noted that Noosa
               Plan 2020 requires that waste generated from a development is managed and appropriately
               serviced on site. The site is large in area, has substantial frontages to three streets and therefore
               is a reasonable requirement.
               No issues were raised in their correspondence in respect of views and or proximity of the
               development proposal.
               Site cover
               PO11 The maximum site cover does not exceed:
                   a) 45% in the Hastings Street mixed use precinct ; or
                   b) 45% where a mixed use development incorporating non-residential uses
                      with frontage to:
                             a. 185-207 Gympie Terrace or, 235-257 Gympie Terrace, Noosaville; or
                             b. Thomas St, Noosaville; or
                             c. Duke Street, Sunshine Beach; or
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Document Set ID: 23659553
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Version: 1,
         20,Version
             VersionDate:
                     Date:27/03/2025
                           12/03/2025