2018-01-15 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                      15 JANUARY 2018


7                        MCU17/0049 PLANNING & ENVIRONMENT COURT APPEAL D160 OF 2017 REFUSAL
                         OF DEVELOPMENT APPLICATION FOR HOME-BASED BUSINESS TYPE 3 (SWIM
                         SCHOOL) AT 8 MCKENNA COURT, NOOSAVILLE
DOCUMENT INFORM AT ION




Author                           Manager Development Assessment, Kerri Coyle
                                 Environment & Sustainable Development

Index                            ECM/ Application / MCU17/0049 / Case / D160/2017 Alana Harber

Attachments                      Nil



EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the General
Committee Meeting dated 15 January 2018 regarding Planning & Environment Court Appeal
D160 of 2017 and agree to defend the appeal.


REPORT
A report on this application for a Home-based business – Swim School was considered by
Council at its Ordinary Meeting on 19 October 2017.

The home based swim school business is proposed to operate Monday to Friday, commencing at
8:30am and concluding at 6:00pm, with a break between 12:00pm (midday) and 2:30pm. The
classes are proposed to be held for 30 weeks a year, from January to the beginning of May and
recommencing at the end of August through to the beginning of December, relative to the school
terms. The proposed business will not run on public holidays or during the Christmas holidays.

A maximum of 10 classes and 3 students in each class will be held each day. Each class is
proposed to run for 30 minutes and have a 15 minute break between classes to prevent the
overlap of visiting clients on the site.

19 properly made submissions were received to the application, with 10 submissions made in
support and 9 submissions raising objections to the proposed swim school due to adverse
impacts on amenity.

At the Ordinary Meeting Council resolved to refuse the application for the following reasons:
1.    The application is contrary to The Noosa Plan and Home-based Business Code as the
      proposed use will adversely impact on the amenity of surrounding residents due to noise
      generated by the business and unsatisfactory provision of on-site car parking.
2.    The applicant has not satisfactorily demonstrated that noise generated by the business
      activities will be satisfactorily mitigated for surrounding residents.
3.    The scale and nature of the business is not appropriate or relative to the residential
      property and is likely to dominate and conflict with the surrounding area given the number
      of classes and operating hours proposed.
4.    A number of properly made submissions were received from surrounding residents raising
      valid objections to the proposed business.

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