PLANNING & ENVIRONMENT COURT APPEAL NO. D44 of 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR FOOD AND DRINK OUTLET AND SHORT-TERM ACCOMMODATION AT 203 - 207 GYMPIE TERRACE, NOOSAVILLE · ATTACHMENT 1 - (MCU24/0074) - PLANNER'S REPORT

PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                    10 JUNE 2025


     Waste Disposal
     61.   Prior to Council issuing a Development Permit for Operational Works, an amended
           Waste Management Plan must be submitted to council for approval that allows for all
           waste collection and servicing to occur on site. The amended Waste Management Plan
           must be prepared by a suitably qualified person who is experienced in waste
           management and includes in particular:
           a. Onsite collection of refuse/recycling should be done using 1100ltr low noise waste
              containers. Services to be done several times weekly to reduce the actual bin
              numbers on site; and
           b. provision for on-site servicing by a Refuse Collection Vehicle (Dennis Eagle Elite 2
              6x4 with rear lift configuration) - the Refuse Collection Vehicle must be able to enter
              the site from Albert Street, service the site, and exit on Thomas Street; and
           c. compliance with The Noosa Plan 2020 – Waste Management Code and PSP9
              Waste Management.
           d. the Refuse Collection Vehicle (Dennis Eagle Elite 2 6x4 with rear lift configuration)
              must enter via Albert Street and exit via Thomas Street.
     62.   The developer must provide waste storage and disposal facilities in accordance with
           Planning Scheme Policy 9 - Waste Management. The facilities must include an
           impervious area, within the site, correctly sized for all refuse and recycling containers
           and suitably screened from public places and neighbouring properties. A bin wash area
           is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket
           trap. The drain outlet must be designed to prevent storm water entry to the sewerage
           system.
     63.   Refuse containers must be provided in accordance with the requirements of the
           Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
           Regulation 2000, for the storage and collection of refuse.
     64.   Storage, disposal and management of solid, liquid and vegetative waste is conducted
           in a safe and ecologically sustainable manner without environmental nuisance. In this
           regard, vegetated waste must be disposed of via a green waste bin or at a local transfer
           station.

The proposed development while incorporating appropriate uses for the site, included design and
layout elements which required the imposition of conditions requiring amended plans, inclusion of
on-street car parking to offset the on-site parking shortfall, in addition to standard conditions
addressing amenity, easements, earthworks, and service vehicles.

Notably, the applicant did not make Representations and has instead lodged an appeal seeking
for conditions to be amended and deleted.

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

Previous Council Consideration
The original application was decided by Council at the 20 March 2025 Ordinary Meeting.

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.




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