2014-02-06 Ordinary Meeting Minutes

ORDINARY MEETING MINUTES                                                             6 FEBRUARY 2014


GENERAL COMMITTEE RECOMMENDATIONS

3 FEBRUARY 2014 – All Councillors


3    DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A TAVERN,
     LIQUOR STORE, RETAIL SHOPS & SALONS, OFFICES, ADULT EDUCATION AND
     MULTIPLE DWELLINGS (26 UNITS) AT 99 NOOSA DRIVE, 3 LANYANA WAY & 29
     LANYANA WAY, NOOSA HEADS

     Cr Jurisevic declared a perceived conflict of interest in this matter (as defined in section 173 of the
     Local Government Act 2009) due to him being an Executive Member of the Noosa Residents and
     Ratepayers Association (NRRA) when they had made a submission against the development
     application. Cr Jurisevic declared that he had no involvement with the submission prepared by the
     NRRA. Cr Jurisevic believed he could consider this item impartially and in the public interest and
     therefore remained in the meeting room for the debate and decision on this matter.

     Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of the
     Local Government Act 2009) due to his brother’s ownership of a business in Noosa Junction.
     Cr Pardon believed he could consider this item impartially and in the public interest and therefore
     remained in the meeting room for the debate and decision on this matter.

     General Committee Recommendation

     That Council:
     A.   Refuse Application No. MCU13/0087 for a Development Permit for Material Change
          of Use of Premises (Tavern, Retail Shops & Salons, Offices, Adult Education and
          Multiple Dwellings) for the following reasons:
           1.     The proposal is contrary to the overall and specific outcomes for the
                  Community Services zone under The Noosa Plan;
           2.     The applicant has not satisfactorily demonstrated that the Community Services
                  zoned land should not be retained for uses commensurate with that zone;
           3.     The proposed tavern and liquor store will adversely impact on the surrounding
                  amenity and the community’s use of public spaces;
           4.     The proposed development will result in the loss of public car parking and
                  parkland area and the loss of public parking is likely to adversely impact on the
                  Noosa Junction precinct;
           5.     Insufficient community benefit has been demonstrated to justify the loss of
                  council owned land; and
           6.     The proposed development raises significant conflicts with The Noosa Plan and
                  there are insufficient grounds to justify the conflict with the planning scheme,
                  with no significant community benefit or urgent need demonstrated for the
                  proposed commercial and retail uses.
     B.    Advise the applicant that it withdraws owner’s consent to the application for council’s
           carpark at 29 Lanyana Way, Noosa Heads; and
     C.    Request a further report be presented outlining a suggested process for reviewing the
           Noosa Junction Placemaking Masterplan including the Masterplan’s strategies for
           planning, built form and development on the Noosa Heads Bowls Club site since
           Council does not necessarily support the level of additional commercial and retail
           development that could flow from some of the proposed actions contained in the
           Masterplan.

Noosa Shire Council                                                                          Page 8 of 12
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