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2014-08-19 Planning & Organisation Committee Agenda - Pages 1-101

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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                     19 AUGUST 2014


3.3    Statutory Provisions - Planning Scheme
The site is located in the Visitor Mixed Use zone of the Noosa Heads Locality Plan area under
The Noosa Plan. The approved retail and dining uses within the subject tenancies are listed as
consistent uses within the zone and contribute to the desired mix and character of Hastings
Street. In particular, the outdoor dining areas contribute to the street’s vibrancy and appeal as a
restaurant and tourist destination.
The Planning Scheme codes applicable to the proposal comprise:
Assessment against these raises some planning concerns, detailed below.
     Car Parking Noosa Heads Locality Code
     Business Uses Code
     Landscaping Code
     Engineering Works Codes
The increased use areas of the tenancies will generate additional parking demand.                   The
applicable planning scheme requirements for parking are:
Tenancy 1 =      19m2 x 1 space/20m2 (retail)                           = 1.9 spaces
Tenancy 6 =      76m2 x 1 space/10m2 (dining)                           = 7.6 spaces
                 Less provision for an internal kitchen area to which
                 parking does not apply - 30m2 x 1 spaces/10m2          =-3.0 spaces
Tenancy 7 =      56m2 x 1 space/10m2 (dining)                           = 5.6 spaces
                                                                Total: = 12 spaces
The applicant is unable to provide additional parking on the site but is willing to pay contributions
in lieu, in accordance with the (now repealed) Planning Scheme Policy PSP13 Contributions in
Lieu of the Provision of Off-Street Parking, which was in place at the time of the application
lodgement.
Monetary Contributions in Lieu of Parking
The applicant has undergone protracted negotiations with Council’s planning section over the
issue of car parking for this proposal. It ultimately agreed to enter into an Infrastructure
Agreement for contributions in lieu of providing 12 car spaces in line with PSP13. The indexed
contribution totals $262,008. Council officers drafted an agreement on this basis and it was
recently returned signed by the applicant. Its full execution is now pending a decision on this
matter. Council is not obliged to sign the agreement.
At its Ordinary Meeting of 26 June 2014 Council resolved:
      That Council note the report by the Senior Strategic Planner to the General Committee
      Meeting dated 23 June 2014 and request Strategic Land Use Planning to prepare a detailed
      report addressing the feasibility of accepting contributions in lieu of the provision of off-street
      parking within each locality and, in the interim, not generally accept monetary contributions in
      lieu of the provision of off-street parking.
The resolution indicates it is inappropriate for Council to adopt a policy position of accepting
payments prior to undertaking a detailed review of the issue and, in the interim, each
development application must be assessed on merit.
Since Council currently does not have an adopted plan for infrastructure spending (or similar) for
parking contributions, it is problematic to continue to increase parking demand without identified
ways to invest in offsets. However, it is considered some factors exist in favour of this
application, being:



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