Meeting minutes

ORDINARY MEETING MINUTES                                              19 SEPTEMBER 2024


            That Council note the report by the Senior Development Planner to the Planning
            & Environment Committee Meeting dated 10 September 2024 regarding
            Application Numbers 51981.3345.01 & 51984.3154.01 to make a minor change
            to two (2) development approvals for a takeaway seafood kiosk situated at 185
            Weyba Rd, Noosaville and:
            A. Defer the decision on the application to allow Council and the applicant to co-
            fund and brief an agreed Counsel to consider the separate legal opinions of each
            party's advisors; and
            B. That the opinion of Counsel be provided to Council at a future meeting for
            consideration.
            For:         Crs Lorentson and Phillips
            Against: Crs Finzel, Stockwell, Wilson and Wilkie
            Lost.

            Council Resolution
            Moved:       Cr Brian Stockwell
            Seconded: Cr Karen Finzel
            That Council note the report by the Senior Development Planner to the Planning
            & Environment Committee Meeting dated 10 September 2024 regarding
            Application Numbers 51981.3345.01 & 51984.3154.01 to make a minor change
            to two (2) development approvals for a takeaway seafood kiosk situated at 185
            Weyba Rd, Noosaville and:
            A. Refuse the change for the following reasons:
                   The proposed changes do not constitute a minor change to the
                   development approvals as defined by the Planning Act 2016, as the
                   changes will result in a substantially different development.
                   The proposed bakery (service shop) is not consistent with the Residential
                   A zoning intent under the 1973 Planning Scheme for Noosa Shire or the
                   Medium Density Residential zone under Noosa Plan 2020 and is more
                   appropriately located in a centre zone.
                   The proposed bakery is not consistent with Overall Outcomes 2(a), (d), (e)
                   & (j) and Performance Outcomes & Acceptable Outcomes PO1, PO5,
                   AO5.1, AO5.2 of the Medium Density Residential Zone Code under Noosa
                   Plan 2020 as:
                        a. The proposed bakery is not a residential use and is not compatible
                            with surrounding residential uses.
                        b. The proposed bakery is more appropriately accommodated in a
                            centre zone and the land maintained for dual occupancies,
                            multiple dwellings and the like.
                        c. The proposal is likely to adversely impact on surrounding
                            resident’s amenity.
            B. The proposal is not consistent with Overall Outcomes 2(a) & (b) and
            Performance Outcome and Acceptable Outcome PO6 and AO6.1 of the
            Driveways and Parking Code as the proposal provides insufficient on-site car
            parking and is likely to generate additional demand for car parking compared to
            the takeaway seafood kiosk.
            For:      Crs Finzel, Stockwell, Wilson and Wilkie
            Against: Crs Lorentson and Phillips
            Carried.