2022-01-17 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                17 JANUARY 2022


3.   MCU19/0054 - PLANNING & ENVIRONMENT COURT APPEAL NO. 476 OF 2020 –
     REFUSAL OF APPLICATION FOR MATERIAL CHANGE OF USE FOR A MIXED USE
     COMMERCIAL DEVELOPMENT SITUATED AT 2-18 & 20 HOFMANN DRIVE,
     NOOSAVILLE

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

Index            ECM/ Application/ MCU19/0054/ Case/ Spotlight Pty Ltd

Attachments      Nil


EXECUTIVE SUMMARY
This report reviews a recent judgement received for a Planning & Environment Court appeal
regarding a primarily retail proposed development at 2-18 & 20 Hofmann Drive, Noosaville and
notes Her Honour’s findings which:
•    supports Council’s decision to refuse the application
•    recognises the important role planning schemes have for the Noosa community; and
•    reinforces Noosa’s built form requirements and the importance of the Noosa Business centre
     for economic development and higher value employment over retail.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the General Committee
meeting dated 17 January 2022 regarding the Judgement for Planning & Environment Court appeal
No. 476 of 2020 which supports Council’s decision to refuse the application.


REPORT
On 16 January 2020, Council at its Ordinary meeting, resolved to refuse an application for a mixed
use commercial development, including showroom, offices, health care service, indoor sport and
recreation, low impact industry and food and drink outlet with a total gross floor area of 13,185m 2
at 2-18 & 20 Hofmann Drive, Noosaville due to a number of reasons including that:
•    It was contrary to the long term planning strategy for the Noosa Business Centre for a mixed
     use employment centre, with the proposed retail uses impacting the ability for business uses
     to locate on the site.
•    The proposed built form was characteristic of a standard retail commercial design and lacked
     the architectural features sought for Noosa, with insufficient landscaping in the car park.
•    The proposal was significantly deficient in car parking and had not demonstrated that
     stormwater could be appropriately managed. Vegetation clearing was also proposed in the
     site’s environmental covenant areas.
•    The proposed uses are clearly defined by The Noosa Plan 2006 and Noosa Plan 2020 and
     the applicant’s proposed use definitions are unnecessary, inappropriate and have the
     potential to cause confusion.
•    There was no significant need demonstrated that would benefit the community which would
     warrant approval of the application.
As a result of Council’s decision to refuse the application for the mixed use commercial
development, the applicant lodged an appeal to the Planning & Environment Court. During the
course of the appeal mediation was attended by officers and changes were made to the plans to
address the stormwater management and vegetation clearing issues raised. On day one of the trial
in August 2021, the applicant made some further minor changes to the proposed development

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