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PLANNING & ENVIRONMENT COURT APPEAL NO. D153 OF 2023 – APPLICATION FOR MATERIAL CHANGE OF USE – RELOCATABLE HOME PARK (COMMUNITY AND AFFORDABLE HOUSING – 32 DWELLINGS) AT 55 AND 70 CARPENTERS RD COOROY · ATTACHMENT 1 – MCU22 0039 – Acting Coordinator Planning, Report

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     ATTACHMENT 1 – MCU22/0039 – ACTING COORDINATOR PLANNING, REPORT
REPORT
On 17 August 2023, Council at its Ordinary meeting resolved to refuse a development application
for a Material Change of Use - Relocatable Home Park (Community and Affordable Housing – 32
Dwellings) at 55 and 70 Carpenters Road, Cooroy for the following reasons:

1.     The proposed development is contrary to Section 3.2.2 of the Strategic Intent and Sections
       3.3.1(b), (f) and 3.3.3 (a), (b), (c), (d), (e), (f) and (k) of the Strategic Outcomes of the Noosa
       Plan 2020 as:
       a.    The proposed development is located outside the Urban Boundary, intrudes into a rural
             residential area, and does not integrate well with the existing settlement pattern and
             the broader urban areas of the Cooroy community.
       b.    The land is not suited or designated for the proposed housing form.
       c.    The land is located in the vicinity of industrial land uses and industrial zoned land that
             has the potential to impact the amenity of residents.
       d.    The proposed development is likely to inhibit the development and future use of 70
             Carpenters Road and land zoned Low Impact Industry in Jarrah Street due to potential
             reverse amenity impacts.
       e.    The proposed development will need to provide its own infrastructure and is located
             outside the Priority Infrastructure Area.
2.     The proposed development is contrary to Overall Outcomes 2(b), (j), (l), (p), and PO14 of the
       Local Plan Code for Cooroy which details that development is to be limited to land within the
       urban boundary. The site is located outside the urban boundary and does not respond or
       integrate well with Cooroy’s country town feel, with attached housing planned close to the town
       centre and low to medium density semi-attached housing dispersed through existing
       residential neighbourhoods.
3.     The proposal is contrary to the Rural Residential Zone Code as the development will not
       result in a high level of amenity for residents and it does not achieve the zoning intent for
       houses on larger lots.
4.     The proposal is contrary to the Overall Outcomes 2(c), (d), (f), (g) and (h) and PO1, AO1.1,
       AO1.2, AO1.3, AO1.4, PO4, AO4, PO6, PO7 and PO9 of the Special Residential Zone Code
       as:
       a.    The proposal does not have reasonable access to a variety of essential services and
             facilities, including retail, commercial, social and medical facilities and public transport.
       b.    The proposal is not located so as to avoid conflicts with surrounding land uses.
       c.    The proposal is of a high density that is not compatible with the zoning intent and the
             preferred character of the area. The proposal is of a design, layout and intensity that will
             not integrate with the broader neighbourhood and allow residents to interact with the
             wider community.
       d.    The proposed development is not appropriately sited and designed in a manner that is
             compatible with the developed character of the area.
5.     The proposal does not meet PO6 of the Driveways and Parking Code as the proposal
       provides no car parking for likely visitors to the development.
6.     The proposal has not demonstrated that safe and satisfactory roadway configuration is
       achievable to the site from the Carpenters Road and Mary Street/ Jarrah Street roundabout.
7.     The proposal does not meet PO6 of the Bushfire Hazard Overlay Code as it has not been
       demonstrated that an efficient and safe evacuation route is available to residents and that
       emergency vehicles can access the site.



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8.    The proposal is not consistent with actions A5.3.1 to A5.3.6, A5.6.2, A5.6.3, and A5.7.2 of
      the Noosa Housing Strategy 2022 as:
      a.    The land is not located within the urban boundary and is more than 400m from the town
            centre, school and public transport.
      b.    The land is located where it would have a reverse amenity impact on industrial
            business and land committed for industrial purposes.
      c.    The proposal is not well integrated within the community and is clustered in an isolated
            area.
9.    The proposal is unlikely to satisfactorily deliver the social outcomes sought as:
      a.    The land is not suited for the proposed development it has poor accessibility,
            adjoins industrial land and is not well connected to services.
      b.    The proposal has not been designed to integrate well with the neighbourhood and
            within the community with driveways extending around the permitter of the site and the
            density not consistent with the surrounding character.
      c.    The applicant has provided no clear mechanisms that can be conditioned through a
            development approval to achieve the proposed social/affordable housing outcomes.
10.   The applicant has not demonstrated that the proposed development will not interfere with
      koala habitat mapped by the state as being Core Koala Habitat Area or that the works in this
      area are considered exempt works.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court. The applicant seeks that the development be approved
subject to reasonable and relevant conditions.

The matter is in order for Council to defend the appeal and the recommendation is worded
accordingly.

Previous Council Consideration
Not Applicable

Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.

Consultation
External Consultation - Community & Stakeholder
Nil

Internal Consultation




                                                                                          Page 2 of 3

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Departments consulted:
    Office of the CEO, Mayor &               Community Services          Corporate Services
            Councillors
    Mayor & Councillors                   Director                    Director
    Chief Executive Officer               Community Development       Financial Services
    Executive Officers                    Sport & Active Lifestyles   Fleet
    Community Engagement                  Arts & Culture              Revenue Services
    People & Culture                      Community Connection        ICT
    Governance                            Customer Experience         Commercial Property
    Strategy & Environment &              Development & Regulation     Infrastructure Services
    Sustainable Development
    Director                          x   Director                    Director
    Strategic Land Use Planning       x   Development Assessment      Infrastructure Planning, Design
                                                                      and Delivery
    Economic     Development      &       Local Laws                  Civil and Asset operations
    Destination Management
    Environmental Services                Environmental Health        Asset Management
    Innovation & Digital Hub              Building & Plumbing         Building & Facilities
                                          Property / Permits          Disaster Management
                                                                      Waste




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