2018-01-18 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                        18 JANUARY 2018


5   MCU16/0144 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE OF
    PREMISES RETAIL BUSINESS TYPE 2 SHOP AND SALON AT 1 KINGSGATE DRIVE,
    TINBEERWAH
    That Council note the report by the Development Planner to the General Committee Meeting
    dated 15 January 2018 regarding Application No. MCU16/0144 for a Development
    Application for Material Change of Use of Premises - Retail Business Type 2 – Shop and
    Salon situated at 1 Kingsgate Drive, Tinbeerwah and defer the decision until the Ordinary
    Meeting of 18 January 2018 so that a further report can be brought to Council considering
    whether the existing building has the necessary building approvals.
    A.   Approve the application in accordance with the conditions contained in the General
         Committee Agenda dated 15 January 2018.
    B.   Find the following are sufficient grounds to justify the decision despite the conflict with
         the Planning Scheme:
         1.    The site has approval for a business use (general store) for over 2 decades and
               The Noosa Plan specifically identifies the subject site for use as Retail Business
               type 1 Local (General Store) which permits the sale of prepared food and dining
               facilities for up to 10 people.
         2.    The proposal is small scale and potential amenity impacts are able to be
               appropriately mitigated for nearby residents.
         3.    The proposed use predominantly serves a local function and affords the
               Tinbeerwah community a local venue, providing an alternative to travelling to
               nearby local centres.
    C.   Advise the applicant that they must immediately reduce the number of dining facilities
         on site to no more than 10 seats, pursuant to the Noosa Plan’s definition of Retail
         Business Type 2 Shop & Salon.



6   PS17/0021 PLANNING & ENVIRONMENT COURT APPEAL NO 4595 OF 2017 REFUSAL
    TO CHANGE ACTION NOTICE FOR SEALING OF SURVEY PLAN (STAGE 1) 191
    HOLLETT RD, NOOSAVILLE
    That Council note the report by the Manager Development Assessment to the General
    Committee Meeting dated 15 January 2018 regarding Planning & Environment Court Appeal
    No. 4595 of 2017 and agree to defend the appeal.


7   MCU17/0049 PLANNING & ENVIRONMENT COURT APPEAL D160 OF 2017 REFUSAL
    OF DEVELOPMENT APPLICATION FOR HOME-BASED BUSINESS TYPE 3 (SWIM
    SCHOOL) AT 8 MCKENNA COURT, NOOSAVILLE
    That Council note the report by the Manager Development Assessment to the General
    Committee Meeting dated 15 January 2018 regarding Planning & Environment Court Appeal
    D160 of 2017 and agree to defend the appeal.




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