PLANNING & ENVIRONMENT COMMITTEE REPORT - 7 NOVEMBER 2023 · Committee to Council report

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.