2016-07-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     12 JULY 2016


REPORT
1.   PROPOSAL
A report on a development application for Material Change of Use of Premises - Retail Business
Type 2 Shop & Type 5 Vehicle Uses and Reconfiguring a Lot – 1 Lot into 2 Lots, situated at 115
Eumundi Noosa Rd, Noosaville was considered by Council at its Ordinary Meeting on 28 April
2016. Council resolved to refuse the Material Change of Use component of the application and
approve the Reconfiguring a Lot component.
The following reasons were identified for refusal of the Material Change of Use application:
1.   The service station poses unacceptable risks to human health, safety and wellbeing at
     adjacent existing uses, in particular to children using directly adjacent school facilities.
2.   The development provides insufficient buffers to adjacent extremely sensitive school uses.
3.   The development conflicts with The Noosa Plan’s Noosaville Locality Code and Business
     Uses Code as it is incompatible with, and has the potential to adversely impact on, the
     adjacent school users.
4.   The service station is unable to contain emissions within the site, as sought by The Noosa
     Plan for sites adjoining community uses.
5.   A precautionary approach should be applied pursuant to the Sustainable Planning Act
     2009, given the development’s significant health and safety risks for adjoin the adjoining
     sensitive uses.
Following Council’s decision, an appeal was lodged with the Planning and Environment Court on
26 May 2016 by the applicant. The appeal seeks approval of the development application for a
material change of use and for Council to pay the appellant’s appeal costs.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.

2.   PREVIOUS COUNCIL CONSIDERATION
Ordinary Meeting Minutes, 28 April 2016, Item 1, Page 7
That Council note the reports by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 19 April 2016 and the General Committee meeting dated 26 April 2016
for a development application for a Material Change of Use of Premises - Retail Business Type 2
Shop & Type 5 Vehicle Uses and Reconfiguring a Lot – 1 Lot into 2 Lots & Access Easement,
situated at 115 Eumundi Noosa Rd, Noosaville and approve the application in part only, in
accordance with the following:
A.   Refuse application No. MCU15/0095 for a Material Change of Use of Premises - Retail
     Business Type 2 Shop for the following reasons:
     1.    The service station poses unacceptable risks to human health, safety and wellbeing
           at adjacent existing uses, in particular to children using directly adjacent school
           facilities.
     2.    The development provides insufficient buffers to adjacent extremely sensitive school
           uses.
     3.    The development conflicts with The Noosa Plan’s Noosaville Locality Code and
           Business Uses Code as it is incompatible with, and has the potential to adversely
           impact on, the adjacent school users.
     4.    The service station is unable to contain emissions within the site, as sought by The
           Noosa Plan for sites adjoining community uses.
     5.    A precautionary approach should be applied pursuant to the Sustainable Planning
           Act 2009, given the development’s significant health and safety risks for adjoin the
           adjoining sensitive uses.

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