2020-12-08 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                8 DECEMBER 2020


     iii.   The proposed development does not respect the scale and character of development
            on adjoining sites and is not sympathetic to the coastal village character of the local
            centre.
4.   It is unlikely the proposed development can proceed as approved as it makes no allowance
     for equitable access to level 1 and the roof terrace contrary to the Building Code of Australia
     and the Disability Discrimination Act 1992.
The report to Council at the time concluded that “…the proposed development exceeds the
allowable plot ratio of the superseded and current scheme and the subsequent building bulk is not
consistent with surrounding development, the informal character of the Peregian beach village or
the Peregian Beach Framework and Character Plan. It is also noted that the proposed flat roof
form does not comply with the requirements of the superseded planning scheme. Furthermore, the
development does not provide sufficient setback to the upper level which fronts the village green
as required by the new Noosa Plan.
It is also unlikely that the development can proceed as approved as there is no allowance for
equitable access as required by the Building Code.”
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court, seeking that the currency period be extended by 2 years.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting Minutes, 17 September 2020, Item 2, Page 17
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 8 September 2020 regarding Application No. MCU11/0266.03 for an extension to
the currency period for a Development Permit for Material Change of Use for Business Type 1
Office, Entertainment and Dining Business Type 1 Food & Beverage & Retail Business Type 2
Shop & Salon, situated at 6 Heron Street, Peregian Beach and:
A.   Refuse to extend the currency period for the following reasons:
     1.     The proposed development is contrary to the Overall Outcomes 7.7.2 g), jj) and oo)
            and Specific Outcomes O6 and O12 of the Eastern Beaches Locality Code of the
            Noosa Plan 2006 as:
            i.    The proposed development does not incorporate a pitched or curved roof form,
                  exceeds the maximum plot ratio for the Neighbourhood Centre Zone and results
                  in a building scale which is not compatible with surrounding development and
                  which presents an appearance of excessive bulk to adjacent properties, roads
                  and the village green.
     2.     The proposed development is contrary to the Purpose, Overall Outcomes and
            Performance Outcomes PO11 and PO12 of the Local Centre Zone of the Noosa Plan
            2020 as:
            i.    The proposed development is not small in scale in the context of Peregian Beach
                  village, exceeding the maximum plot ratio of the site and will result in a building
                  which is not compatible with the scale of surrounding development and presents
                  a bulky appearance adjacent properties, roads and the village green.
            ii.   The proposed development does not provide a 2 metre setback to the village
                  green and maintain the visual continuity and pattern of buildings fronting the
                  village green and consequently will impact on the area’s amenity.
     3.     The proposed development is contrary to the Purpose and Overall Outcomes and the
            Performance Outcome PO3, PO7 and PO10 of the Coastal Communities Local Plan
            Code of the Noosa Plan 2020 as:



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