2020-12-08 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                             8 DECEMBER 2020


 Waterways Works Code
 Overall Outcome 9.4.9.2 (2) (b)
 (2) (b) Development ensures there is no increase to the scale and intensity of commercial operations on the Noosa
 River and additional commercial leases are avoided.
 Performance Outcome                                       Acceptable Outcome
 Landings in conjunction with a commercial use             No acceptable outcome provided
 PO2
 Development—
  1. does not detract from the function and viability of
      centres or nearby businesses;
  2. does not increase the overall scale and
      intensity of any commercial operation;
  3. does not provide additional commercial leases on
      the Noosa River;
  4. ensures no net increase in site cover or gross
      floor area of buildings or structures;
  5. uses materials, natural finishes and colours that
      blend with the surrounding natural landscape; and
  6. reflects the character and setting of the locality
      (such as timber and tin construction with a
      traditional pitched roof design).

The codes clearly seeks that there be no further expansion of commercial operations on the Noosa
River by outlining:
    no increase to the overall scale and intensity of existing operations;
    no additional lease areas or expansion of lease areas;
    no net increase in gross floor area or site cover;
Furthermore, Overall Outcome 7.2.4.2 (2) (ad) seeks that development operates from within the
lease area. While the proposal is a small increase in gross floor area, it is considered the additional
gross floor area allows more space for a business which is considered to already exceed the
operational capacity of the lease area given the number of infringements issued by Council for
operating outside the designated lease area as outlined in section 2.1 above. Given the business
consistently operates outside the lease demonstrates that the existing scale of the business cannot
operate within the lease area at all times and does not meet the Overall Outcome.
The size of the lease area and the size of the building both regulate and limit the scale of the
business and expansion of either potentially results in an increase to the scale and intensity of the
business. In this instance the proposed increase in storage area supports the continued operation
of the business at a scale/intensity that is not consistent and or compatible with their designated
lease area and would only encourage the continued operation of the business outside the lease
area.
In terms of architectural built form the proposal is consistent with the existing building and design
requirements for buildings in the area and raises no concerns.
3.4. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. One properly made submission and one not properly made submission was received against
the proposal. The following table provides a summary and assessment of the issues raised by
submitters.

  Matters Raised                                       Comments
  Properly made
  Unfair to expand the business into a shop            The Jetty use under the Noosa Plan 2020 is a Landing
  and big business when once they were only            with associated and ancillary ‘shops’. A ‘shop’ under
  Jetties.                                             the Noosa Plan is for the hire of goods.
                                                       The change in terminology is a result of a new
                                                       planning scheme which more accurately reflects the
                                                       use occurring.

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