PLANNING & ENVIRONMENT COURT APPEAL NO. BD2147 of 2022 – APPLICATION FOR A DUAL OCCUPANCY AT 6 MARGIT CRESCENT, SUNRISE BEACH · ATTACHMENT 2 - MCU22 0060 REPORT

                                         Figure 1 – Locality Plan

As a result of Council’s decision to refuse the application, the applicant lodged an appeal to the
Planning & Environment Court seeking that the application be approved subject to reasonable and
relevant conditions.
During the course of the appeal, the applicant and Council attended mediation with the court registrar
wherein the applicant submitted amended plans. The amended plans successfully highlighted the
individual units through individual design variation satisfying the scheme’s requirements for
asymmetrical design. The applicant also agreed to accept a condition requiring the vergola blinds to
remain permanently fixed in an open position in order to comply with the site cover requirements and
acknowledged some changes were needed to the stormwater management plan.
However, the amended plans did not reduce the proposal’s plot ratio (gross floor area), despite the
plot ratio exceeding the planning scheme’s maximum and the plot ratio of existing development in
the area.
Following mediation advice was also sought from an independent architect on Council’s position in
the. A series of amended plans were also provided by the applicant, with the final set of amended
plans provided on 1 February 2023 fully compliant with the Noosa Plan 2020. These amended plans
are included as Attachment 3 with exerts of the plans provided below.




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