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

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                19 AUGUST 2014


RECOMMENDATION
That Council note the report by the Manager, Planning & Environment to the Planning &
Organisation Committee Meeting dated 19 August 2014 regarding Planning & Environment Court
Appeal 2985 of 2014 and agree to defend the appeal.


REPORT
A report on this application to develop the site for multiple dwellings for use as either visitor
and/or permanent accommodation was considered by Council at its Ordinary Meeting on 31 July
2014. Council resolved to approve the application finding the following grounds were sufficient to
justify the decision despite the conflict with the planning scheme:

1.     The proposed small low cost permanent and visitor accommodation provides housing
       diversity ideally located in close proximity to the Peregian Beach neighbourhood centre and
       other social infrastructure.
2.     The building design is a well-articulated coastal building style that presents as domestic
       scale and integrates well with development in the surrounding area.
3.     The development allows sufficient separation between buildings, neighbouring properties
       and adequate area for soft landscaping, outdoor recreation and clothes drying areas.
4.     The site has been historically used for visitor accommodation.

An appeal was lodged with the Planning and Environment Court on 4 August 2014 by one of the
properly made submitters. The submitter seeks that the Court over turn Council’s decision and
refuse the application as the proposal is in conflict with The Noosa Plan; is likely to adversely
impact on amenity enjoyed by other uses; will visually dominate; has not satisfactorily addressed
drainage; and there are insufficient grounds to justify approval of the application.

While this appeal has been lodged by a submitter and it is largely for the applicant to defend the
appeal where they wish to proceed with the development, it is still appropriate for council to join
the appeal to defend Council’s decision where appropriate, provide information to the Court and
be a party to any proceedings should the applicant present amendments to the development
plans.

It is in order for Council to defend the appeal and the recommendation is worded accordingly.

Previous Council Consideration

A report on this application was considered by Council at its Ordinary Meeting of 31 July 2014.

Finance & Risk

The cost of the appeal will be largely borne by the applicant.

Consultation

External Consultation

Nil.




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