2022-01-17 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                 17 JANUARY 2022


Acceptability of built form, design and layout of the proposed development
There are aspects of the built form, design and landscaping that go some way towards adequately
addressing the requirements as envisaged by both planning schemes. But on balance overall, the
proposed development is not an acceptable visual amenity and architectural response to the
planning scheme provisions under either the 2006 Scheme or the 2020 Scheme. Overall, the
proposed development is not appropriately categorised as being one in the Noosa style.
The impact (if any) of Noosa Plan 2020
Her Honour concluded that considerable weight ought to be afforded the 2020 Scheme for three
main reasons:
a)   First: It embodies the most recent planning revisions which respect to the ongoing and
     “evolving” development of the Shire Business Centre;
b)   Secondly: It demonstrates that the planning authority (consistent with Shaping SEQ) has
     maintained its emphasis on the Shire Business Centre being a true activity centre, rather
     merely a retail centre; and
c)   Thirdly: It demonstrates that the Council has directed its attention, and made decisions as
     the duly elected planning authority, with respect to the provision of:
     i.     further retail floor space in the Shire Business Centre (some 7,500m² in the Village
            Mixed Use Precinct); and
     ii.    a further 4,200m² of showroom (as defined by the 2020 Scheme, which definition is
            sourced, from the Planning Regulation 2017) in the Shire Business Centre including
            3,500m² of GFA on the subject land in the Showroom Precinct (with the balance of
            700m² added to the Showroom Precinct land to the east).
The provisions of the 2020 Scheme confirm in a more contemporaneous form, what was already
the case under the 2006 Scheme - the proposed development is inappropriate when compared to
the Council’s planning for the Land, the locality and the Shire more generally as reflected in both
the 2006 and 2020 Planning Schemes.
Is the 2020 Scheme misconceived or not soundly based
The planning of uses within the Shire Business Centre is the product of much foresight, time and
long-term vision and “to permit the proposed development to go ahead would effectively defeat a
clear and long-standing statement of planning intent”.
Other Relevant Matters
Her Honour was not satisfied that any other relevant matters support an approval of the proposed
development with the Council identifying the following two other relevant matters as supporting a
refusal of the proposed development:
a)   First: The proposed uses are clearly defined by 2006 Scheme and the appellant’s proposed
     use definitions are unnecessary, inappropriate and cause confusion;
b)   Secondly: Any economic or planning need is not sufficient to outweigh the substantial
     planning and community need:
     i.     to maintain land, in the Shire Business Centre, available for the development of the
            Centre as planned;
     ii.    to provide for a multifunction employment node that forms the Shire’s business and
            employment growth focus; and
     iii.   to maintain the planning scheme provisions which seek to protect the Shire Business
            Centre for development over time for the full functions of a Major Regional Activity
            Centre, and not to lose the limited land available to satisfy the short-term private gains
            associated with largely retail development.


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