2018-01-15 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                  15 JANUARY 2018


Council also resolved to advise the applicant that the business is currently operating in breach of
the Noosa Plan and the Planning Act 2016 and must cease operating by the 16 November 2017.
The swim school is currently not operating from the site.

The applicant subsequently appealed the decision stating that the application should be
approved. One of the submitters who raised objection to the business has also joined 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 1, Page 9
That Council note the report by the Assistant Development Planner to the Planning &
Environment Committee Meeting dated 10 October 2017 regarding Application No. MCU17/0049
for a Development Permit for (Home Based Business Type 3 - Swim School), situated at 8
McKenna Ct Noosaville and:
A.   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.
B.   Advise the applicant that the business is currently operating in breach of the Noosa Plan
     and the Planning Act 2016 and must cease operating by the 16 November 2017.


Finance
Should the matter proceed to trial there will be costs in defending the appeal.

Risks & Opportunities
It is premature to advise on potential prospects of the appeal.

Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes Solicitor




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