2020-08-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   11 AUGUST 2020


Previous Council Consideration
Ordinary Meeting, 21 May 2020, Item 8, Page 12
That Council note the report by the Development Planner to the General Committee Meeting
dated 18 May 2020 regarding Application No. MCU20/0008 for a Development Permit for
Material Change of Use – Ancillary Dwelling Unit, situated at 1/33 Gateway Drive, Noosaville
and:
A.   Refuse the application for the following reasons:
     1.    The proposed development is not for an Ancillary Dwelling Unit as defined under
           section 2.11.5 of the Noosa Plan because:
           a) A detached house is proposed on the premises;
           b) The proposed dwelling unit is not subordinate to the non-residential use;
     2.    The proposed development is for a detached house which under Table 11.9 of
           Division 10 of the Noosaville Locality Plan is an inconsistent use in the Industry Zone
           requiring impact assessment.
     3.    The proposed development is inconsistent with the Noosaville Locality Code in the
           following respects:
           a)    The proposed use will be incompatible with other uses and works on the
                 premises contrary to 11.7.2(a)(i) of the Overall Outcomes Division 16;
           b)    The proposed use fails to protect the subject premises for industrial functions to
                 the exclusion of incompatible uses contrary to 11.7.2(vv)(ii) of the Overall
                 Outcomes Division 16;
     4.    The proposal is inconsistent with Overall Outcomes 14.51.2(a) and (b) of the
           Detached House Code as land zoned industrial is not suited for residential use and
           would be located in the vicinity of land uses which would adversely impact the
           occupation and use of buildings and the site by residents and would result in the
           residential development preventing or inhibiting the conduct of existing land uses.
     5.    The proposed development fails to provide sufficient car parking on site for the
           dwelling unit and the non-residential use contrary to Overall Outcomes 14.110.2 c)
           and d) and Specific Outcome O7 of the Driveways and Carparking Code.
B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016
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
Thynne Macartney – Tim Quirk, Solicitors
Internal Consultation
Departments/Sections Consulted:
   Chief Executive Officer        Community Services                       Corporate Services
   Executive Officer              Director                                 Director
   Executive Support              Community Development                    Financial Services
                                  Community Facilities                     ICT
                                  Libraries & Galleries                    Procurement & Fleet
                                  Local Laws                               Property
                                  Waste & Environmental Health             Revenue Services

   Executive Services        x    Environment & Sustainable Development    Infrastructure Services
   Director                       Director                                 Director
   Community Engagement           Building & Plumbing Services             Asset Management
   Customer Service          x    Development Assessment                   Buildings and Facilities
   Governance                     Economic Development                     Civil Operations
   People and Culture             Environmental Services                   Disaster Management
                                  Strategic Land Use Planning              Infrastructure Planning,
                                                                           Design and Delivery


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