2021-02-09 Planning and Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   9 FEBRUARY 2021



4     MCU20/0090 - PLANNING & ENVIRONMENT COURT APPEAL NO D12 OF 2021 –
      APPLICATION FOR AN EXTENSION TO SHOP/HIRE AND STORAGE BUILDING AT
      JETTY 256 GYMPIE TCE, NOOSAVILLE


Author            Manager Development Assessment, Kerri Coyle
                  Environment & Sustainable Development Department

Index             ECM/ Application/ MCU20/0090/ Case/ Bayeno Pty Ltd

Attachments       Nil


EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 February 2021 regarding Planning & Environment Court
Appeal D12 of 20201 and agree to defend the appeal.



REPORT
On 17 December 2020 Council at its Ordinary meeting resolved to refuse an application to enclose
a front deck area and rear portion of an existing shed for U-Drive boat hire for the following reasons:
1.    The proposal is contrary to Overall Outcome (ad) and Performance Outcomes PO22 and PO23
      of the Noosaville Local Plan Code as the proposal will result in increased commercial
      development on and adjacent the Noosa River and lead to the business operating outside their
      lease area.
2.    The proposal is contrary to Overall Outcome (b) and Performance Outcome PO2 of the
      Waterways Works Code as the proposal will result in an increase in gross floor area and an
      increase to the scale and intensity of commercial operations on the Noosa River.
3.    The business already exceeds the operational capacity of the lease area, as evidenced by the
      site’s compliance history, and increasing the enclosed storage space supports the continued
      operation of the business at a scale and intensity that is not consistent and/or compatible with
      the designated lease area.
Council also resolved at the meeting to request staff to meet with the applicant to discuss temporary
alternative solutions to storage and staff safety issues due to the COVID-19 restriction requirements.
Officers met with Mr Phillips from U-Drive boat hire on 23 December 2020 to discuss potential
solutions. At the meeting officers explored a number of options with Mr Phillips to address the
requirements of the business but no agreement was reached, with Mr Phillips indicating he would
not proceed with anything until after the busy Christmas period. At the meeting the following was
noted by officers:
     There appeared opportunities to reorganise the shed and undertake some minor modifications
      such as enlarging the servery window;
     the lease requirements were not being met, with many craft located outside the lease areas
      on community land;



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