2016-11-08 S&O Agenda - Item 1, Attachment 1 - Annual Report 2015-16

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                8 NOVEMBER 2016


REPORT
A report on a development application requesting a change to a Development Permit for Material
Change of Use for a dwelling house to include a retaining wall and unroofed deck, situated at 12
Park Road, Noosa Heads was considered by Council’s Planning & Environment Committee on 6
September 2016. At its Ordinary Meeting 15 September 2016, Council resolved to approve the
change but conditioned the works to be setback a minimum of 2m from the boundary to Park
Road.
Following Council’s decision, an appeal was lodged with the Planning and Environment Court on
20 September 2016 by the applicant.
The appellant is appealing conditions 48 & 49. The appellant states that the “…conditions are
neither:
     a.    relevant to the proposed development or use of the premises or;
     b.    reasonably required in relation to the proposed development or use of the premises.”
The appellant is requesting that conditions 48 & 49 be deleted and the retaining wall and deck be
permitted to be constructed with a zero setback to the Park Road frontage. Conditions 48 and 49
were included to provide a 2m setback to Park Road boundary to ensure that vegetation within
the property would buffer the works and the vegetated backdrop of Noosa Hill was maintained.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting Minutes, 15 September 2016, Item 4, Page 7
That Council note the report by the Development Planner to the Planning and Environment
Committee dated 6 September 2016 regarding Application No. 132003.221152.5 for a request to
change a Development Permit for Material Change of Use for a dwelling house to include a
retaining wall and unroofed deck, situated at 12 Park Road, Noosa Heads and:
A.   Approve the change with additional Conditions 47, 48, 49, 50, 51 and 52 being included as
     follows:
     Additional Conditions September 2016
     47.   Development undertaken in accordance with this approval must comply with the
           approved plans of development. The approved plans are listed in the following table
           unless otherwise amended by these conditions.
            Plan No.         Rev.   Plan/Document Name                               Date
            MB_12PR_01       F      Cover Sheet, prepared by Myles Baldwin           08.07.16
                                    Design
            MB_12PR_02       F      Landscape Plan, prepared by Myles Baldwin        08.07.16
                                    Design
            MB_12PR_03       D      Elevation / Section, prepared by Myles Baldwin   08.07.16
                                    Design
            MB_12PR_08       B      Sewer Setback Detail, prepared by Myles          08.07.16
                                    Baldwin Design
            MB_12PR_09       B      Existing Plants, prepared by Myles Baldwin       08.07.16
                                    Design
     48.   The Approved Plans must be amended to incorporate a minimum 2 metre setback for
           all structures to the Park Road boundary. The amended plans must be submitted to
           Council prior to the issue of any Development Permit for Operational Works*. *(Refer
           to Advisory Note)
     49.   The 2 metre setback must be densely landscaped in accordance with Planning
           Scheme Policy PSP3 Landscaping Plants and Guidelines and an Operational Works
           Approval and must in particular include:


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