2021-02-09 Planning and Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   9 FEBRUARY 2021


As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court. The applicant seeks that the extensions to the shed be
approved subject to reasonable and relevant conditions.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting, 17 December 2020, Item 2, Page 21
That Council note the report by the Development Planner to the Planning & Environment Committee
meeting dated 8 December 2020 regarding Application No. MCU20/0090 for a Development Permit
for Material Change of Use – extension to shop/hire and storage building, situated at Jetty 256
Gympie Terrace, Noosaville, and:
A.    Refuse the application 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.
B.      Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C.      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.
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
Thynne Macartney – Tim Quirk
Internal Consultation
Departments/Sections Consulted:
     Chief Executive Officer       Community Services                       Corporate Services
     Executive Officer             Director                                 Director
     Executive Support             Community Development                    Financial Services
                                   Community Facilities                     ICT
                                   Libraries & Galleries                    Procurement & Fleet
                                   Local Laws                               Property
                                   Waste & Environmental Health             Revenue Services

     Executive Services        x   Environment & Sustainable Development    Infrastructure Services
     Director                      Director                                 Director
     Community Engagement          Building & Plumbing Services             Asset Management
     Customer Service          x   Development Assessment                   Buildings and Facilities
     Governance                x   Economic Development                     Civil Operations
     People and Culture            Environmental Services                   Disaster Management
                                   Strategic Land Use Planning              Infrastructure Planning,
                                                                            Design and Delivery




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