PLANNING & ENVIRONMENT COMMITTEE REPORT - 12 SEPTEMBER 2023 · Committee to Council report

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ORDINARY MEETING                                                              21 SEPTEMBER 2023


     1. The proposal does not comply with Purpose and Overall Outcomes (1)(a), (b) and (c), (2)(a),
     (b) and (e)(i), Acceptable Outcome AO7.3 and Performance Outcomes PO4 and PO7, of the
     Reconfiguring a Lot Code as:
        a. The development application is for subdivision in an area identified as being not suitable
        for subdivision.
        b. The lot size and subdivision layout in not consistent with the established character and
        amenity of Noosa Parklands Estate.
        c. The required building envelope for proposed Lot 2 is not adequate to accommodate a
        dwelling house and associated structures and services, and therefore is not fit its intended
        use.


     2. The proposal does not comply with Purpose and Overall Outcomes (1) and (2)(a), (b) and
     (e), Acceptable Outcomes AO1, AO7, AO8.3 and Performance Outcomes PO1 and PO7 of the
     Bushfire Hazard Overlay Code as:
        a. The methodology for determining the building envelopes assumes that Queensland
        Parks and Wildlife Service and Council will maintain the firebreak between the existing lot
        and adjoining National Park and Council Reserve. Preservation of the separation from
        hazardous vegetation should not be dependent on third parties.
        b. The proposed reconfiguration does not minimise the risk to people and property from
        bushfire hazard.
        c.   The proposed layout will unduly burden disaster management services.
        d.   The required building envelope for proposed Lot 2 is not adequate.

B.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


5.3. - 131998.981211.5 - APPLICATION FOR OTHER CHANGE TO DEVELOPMENT
APPROVAL (12637DA) INTEGRATED PERMACULTURE DESIGNED ORGANIC ORCHARD
AND GOLF COURSE COMPLEX (18 HOLES) TO INCLUDE GROUP FARM STAY
ACCOMMODATION & ASSOCIATED SUPPORTING INFRASTRUCTURE AT 59 KABI ROAD,
COOTHARABA
That Planning & Environment Committee Agenda Item 5.3 be referred to the General Committee
due to the significance of the issue.




5.4. MCU22/0131 - APPLICATION FOR A HOSPITAL AND HEALTH CARE SERVICE (DAY
SURGERY AND ASSOCIATED FACILITIES) AT 47 GOODCHAP STREET, TEWANTIN
That Council note the report by the Acting Coordinator Planning to the Planning & Environment
Committee Meeting dated 12 September 2023 regarding Application No. MCU22/0131 for a
Development Permit for Material Change of Use – Health care service & Hospital, situated at 47
Goodchap St Tewantin and:

A.     Refuse the application for the following reasons:
     1. The proposal conflicts with Section 3.3.2, strategic outcomes (k), (n) and Section 3.3.3,
     strategic outcome (a) of the Strategic Framework as:
        a. The proposal expands health care services further along Goodchap Street beyond the
        Noosa Hospital site and into a residential area.

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ORDINARY MEETING                                                             21 SEPTEMBER 2023


     b. The proposal is located on land zoned for housing, removes a lot that is well suited for
     residential development and is needed to cater for future housing.


  2. The proposal is contrary to overall outcomes (o), (p) & (q) of the Tewantin Local Plan Area
  Code and overall outcomes (h), (n) and acceptable outcome AO16.3 of the Noosaville Local Plan
  Code as:
     a. The proposal expands health services into an area zoned for low density housing and on
     a large, well located site with significant opportunities to create further housing.
     b.   The land is not committed or planned for community purposes.
     c. The proposal does not maximise or make more efficient use of the Noosa Hospital site
     and is not located on land identified for the growth of health and medical services.


  3. The proposal is contrary to overall outcomes (a), (c), (g), (j) and performance outcomes PO1,
  PO2 of the Low Density Residential Zone Code as:
     a. The proposal is not residential being identified as a community activity under the Noosa
     Plan and is of a scale and design that is incompatible with and will impact adversely on nearby
     residents’ amenity.
     b.   The proposal offers no integration or internal connection with the Noosa hospital.
     c. The proposal is not small scale and will service the wider community and not just local
     residents.


  4. The proposal is contrary to overall outcomes (a), (b), (c), (d), (e), (f) and performance and
  acceptable outcomes PO1, PO3, AO3, PO5, A)5, PO8 of the Community Activities Code as:
     a.   The proposal is not integrated with the hospital or co-located on the Noosa Hospital site.
     b. The proposal is of a type, scale and intensity that is not consistent with surrounding
     development and character of the area and zone, includes substantial infrastructure to the
     site’s frontage and will remove mature native trees that significantly contribute to the
     streetscape.
     c. The proposal is likely to have significant adverse impacts on the amenity enjoyed by
     adjoining and nearby residents with insufficient buffering proposed for residents.


  5. The proposal is contrary to overall outcomes (a), (b) and PO6 of the Driveways and Parking
  Code as insufficient car parking has been provided to accommodate the number and type of
  vehicles likely to be generated by the development.


  6. The proposal does not comply with performance and acceptable outcome PO6, AO6.1 of the
  Water Quality and Drainage Code as the site discharges into Lake Doonella which is of high
  ecological value and it has not been demonstrated the development will not cause an increase in
  gross pollutants, total suspended solids, total phosphorous or total nitrogen compared to a pre-
  development scenario as required.


  7. There is no Planning need for the site to be developed for the proposed community activity
  given there are other approved medical and health centres that are yet to establish and other
  areas where the use could locate consistent with the scheme’s zoning pattern.

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ORDINARY MEETING                                                                  21 SEPTEMBER 2023


     8.   The site ought to be retained for housing, with lots of this potential rare in Noosa Shire.

B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY JULY 2023
In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter as on 5
March 2020, Mr Peter Butt who is an applicant listed in the delegated report (applicant no.1) donated
$1666.66 to my 2020 Election Campaign where I was one of three candidates that ran as a group
known as 'Future Noosa' (which is no longer an entity). Although I have a declarable conflict of
interest, I do not believe a reasonable person could have a perception of bias because the decision
has already been made under delegated authority and the report is for noting only. Therefore, I will
choose to remain in the meeting room. However, I will respect the decision of the meeting on whether
I can remain and participate in the decision.

That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 12 September 2023 regarding planning applications that
have been decided by delegated authority.



Committee Recommendation
That the report of the Planning & Environment Committee dated 12 September 2023 be received
and the recommendations therein be adopted except where dealt with by separate resolution.