2022-01-17 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                   17 JANUARY 2022


including reducing building 4 from 3 to 2 storeys, reducing some tenancy areas (to a total of
11,434m2 with 8225m2 retail) and making provision for landscaping and car parking spaces. These
changes addressed the car parking issues raised but did not address the primary issues including
that the proposed retail uses were not appropriate.
The appeal was dismissed by the Planning & Environment Court on 16 December 2021, with the
judgement being a comprehensive win, with Council’s grounds of refusal well supported by Her
Honour. The judgement is significant as it showed great support and recognised the important role
that planning schemes have to protect and plan for the future needs of the Shire and are generally
accepted as an articulation or reflection of the outcomes sought by the community and not for the
court to override. Importantly to approve a development that is contrary to the planning scheme
there must be relevant grounds in the community’s best interest and not solely an applicants.
The judgement also acknowledged that there is a particular Noosa style of development sought for
Noosa reflected in its planning scheme requirements for built form and landscaping and recognised
there is a considered long term vision for the Noosa Business Centre for a multi-function
employment centre and employment growth focus.
Her Honour summarised the grounds in dispute as being the following:
Issue One:      To what extent is there a planning, community and economic need for the proposed
                development?
Issue Two:      Is the proposed development an appropriate land use for the Land in the Shire
                Business Centre?
Issue Three: Is the built form, design and layout of the proposed development appropriate?
Issue Four:     In the event that the Court gives weight to the Noosa Plan 2020, does that planning
                instrument support an approval of the proposed development?
Issue Five:     Are the outcomes intended for the subject land under Noosa Plan 2020 with respect
                to large format retail showrooms and employment based uses not soundly based?
Issue Six:      Do other relevant matters support an approval or a refusal of the proposed
                development?
The following includes direct quotes and summaries from the judgement under each of the issues
in dispute.
Need
Her Honour noted need (in terms of the betterment of the community generally) will not usually be
established unless it is demonstrated that the relevant community is relevantly lacking in the
provision of the facilities required. It follows that a mere improvement to services and facilities will
not of itself establish a requisite need.
Her Honour was not satisfied there is any real or appropriate level of planning, community and
economic need for the proposed development drawing generally from the following:
•      It is in the interest of the planning scheme to maintain the hierarchy by directing such need
       to Gympie and Kawana. In any case, the soon to be opened Maroochydore Spotlight will be
       available to service any residual need.
•      The proposed development in this case is not being underpinned by an outlet providing the
       necessities of life such as Woolworths or Coles.
•      The community is reasonably supplied already with the products intended to be sold from
       the proposed outlets committed to this development. Members of the public who prefer these
       outlets have available opportunities within a reasonable travel distance from anywhere in the
       Sunshine Coast, presently at Birtinya and soon at the PRAC at Maroochydore.
•      The issue of convenience does not amount to the existence of a need given that it is entirely
       appropriate and expected given the type of goods on offer, that consumers may have to
       travel to access them. The proposed retail uses are for non-essential, infrequently purchased
       goods.

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