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PLANNING & ENVIRONMENT COMMITTEE REPORT - 7 NOVEMBER 2023 · Committee to Council report
ORDINARY MEETING 16 NOVEMBER 2023 8.1 – PLANNING & ENVIRONMENT COMMITTEE REPORT 7 NOVEMBER 2023 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Clare Stewart (Acting Chair) Cr Karen Finzel (vi Microsoft Teams) Cr Brian Stockwell NON COMMITTEE MEMBERS Cr Amelia Lorentson EXECUTIVE Acting Chief Executive Officer Larry Sengstock Director Development & Regulation Richard MacGillivray Director Infrastructure Shaun Walsh APOLOGIES Cr Tom Wegener COMMITTEE RECOMMENDATIONS TO COUNCIL 5.1. MCU22/0118 – DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE – SHORT-TERM ACCOMMODATION AT 94 & 142 NOOSA DR, NOOSA HEADS That Planning & Environment Committee Agenda Item 5.1 be referred to the General Committee due to the significance of the issue. 5.2. MCU21/0194.01 – APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR A ROADSIDE STALL TO INCLUDE A FOOD AND DRINK OUTLET AT 201 MARY RIVER RD, COOROY That Planning & Environment Committee Agenda Item 5.2 be referred to the General Committee due to the significance of the issue. 5.3. MCU22/0209.01 - MINOR CHANGE TO A DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 515 COOROY NOOSA ROAD, TINBEERWAH That Council note the report by the Senior Development Planner to the Planning and Environment Meeting dated 7 November 2023 regarding Application No. MCU22/0209.01 to make a minor change to an existing approval for a Development Permit for a Material Change of Use – Short-Term Accommodation situated at 515 Cooroy Noosa Rd, Tinbeerwah and:
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ORDINARY MEETING 16 NOVEMBER 2023 A. Refuse the minor change application for the following reasons: 1. The proposed change does not constitute a minor change to the development approval as the increase in the number of people on site constitutes ‘substantially different development’, as the change will increase the severity of known impacts, including noise and carparking. 2. The proposed development is inconsistent with the Overall Outcomes (2)(i) and (j) and PO4 of the Rural Zone Code as accommodating 16 people and up to 16 vehicles on site is not considered ‘small scale’ in the context of the subject site, locality and surrounding development and will likely impact on the rural amenity and character of the area. 3. The proposed development is inconsistent with Overall Outcome (2)(f) and PO25 of the Visitor Accommodation Code as the use of the premises to accommodate 16 persons will unreasonably impact on the residential amenity of the surrounding area due to the likely increase in noise to adjoining properties and the scale of the use being incompatible with the character and uses within the surrounding area. B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. 5.4. FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE - BAR, FOOD AND DRINK OUTLET, OUTDOOR SPORT AND RECREATION, RESORT COMPLEX AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS. That Planning & Environment Committee Agenda Item 5.4 be referred to the General Committee as there is no quorum due to proposed conflict of interest declarations. 5.5. PLANNING & ENVIRONMENT COURT APPEAL NO. D154 OF 2023 - ENFORCEMENT NOTICE ISSUED TO 1/5 ATTUNGA HEIGHTS, NOOSA HEADS. That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 7 November 2023 regarding Planning & Environment Court Appeal No. D154 of 2023 and agree to continue enforcement against Eugeniy Raiter and Catherine Dentsas to address the current breaches of The Noosa Plan. 5.6. PLANNING ENVIRONMENT COURT APPEAL NO D155 OF 2023 ENFORCEMENT NOTICE ISSUED TO 3/5 ATTUNGA HEIGHTS That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 7 November 2023 regarding Planning & Environment Court Appeal No. D155 of 2023 and agree to continue enforcement against Angela Dentsas and Vasilios Dentsas to address the current breaches of The Noosa Plan. 6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY SEPTEMBER 2023 That Council note the report by the Manager, Development Assessment to the Planning & Environment Committee Meeting dated 7 November 2023 regarding planning applications that have been decided by delegated authority. Committee Recommendation That the report of the Planning and Environment Committee meeting dated 7 November 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.