2017-06-06 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     6 JUNE 2017


Most recent application (which is the subject of the appeals)
On 13 September 2016 an application was made seeking a 2 year extension to the relevant
period and a 2 year extension to the sunset provision of the development approval. Condition 31
below outlines the current relevant period and sunset provision for the development.
31.    The Development Permit for a Material Change of Use lapses if the first change of use
       has not started by 28 September 2016, and all works associated with the development
       have been completed by 4 February 2018.
The applicant sought Condition 31 to be amended to read as follows:
31.    The Development Permit for a Material Change of Use lapses if the first change of use
       has not started by 28 September 2018, and all works associated with the development
       have been completed by 4 February 2020.
A report on a development application to change the development approval and extend the
relevant period of Material Change of Use for visitor accommodation, office, shops and
restaurants for 215A – 219 David Low Way, Peregian Beach was considered by Council’s
Planning & Environment Committee on 7 March 2017. At its Ordinary Meeting dated 16 March
2017, Council resolved to refuse the request to extend the relevant period and advise the
applicant that the request to extend the relevant period must be made to the Planning and
Environment Court.
Following Council’s decision, appeals were lodged with the Planning and Environment Court on
18 April 2017 by the applicant:
1360/2017
       …extending by 2 years the time in Condition 31 of the Development Approval by which all
       works associated with the development must be completed to prevent the Development
       Approval’s lapse, from 4 February 2018 to 4 February 2020.
1361/2017
       …against the decision of the Respondent to refuse a request to extend the relevant
       period for a development permit for a material change of use of premises (Visitor
       Accommodation Type 4 - Conventional, Commercial Business Type 1 - Office, Retail
       Business Type 2 - Shop and Salon and Entertainment and Dining Business Type 1 - Food
       and Beverages)
The applicant is requesting that the Court amend Condition 31 to extend the timeframe for works
to be completed in accordance with Section 369 of the Sustainable Planning Act 2009 and
appealing Council’s decision to refuse the extension to the timeframe in Condition 31.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.

Previous Council Consideration
Ordinary Meeting Minutes, 16 March 2017, Item 3, Page 6
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 7 March 2017 in regard to the request to extend the relevant period
and to change Condition 31 of approval No. 132007.1259.05 for a Development Permit for
Material Change of Use – Visitor Accommodation Type 4 Conventional, Entertainment & Dining
Type 1 Food & Beverages, Retail Business Type 2 Shop & Salon, Commercial Type 1 Office
situated at 215A David Low Way, Peregian Beach and
A.    Refuse the request to extend the relevant period before which the development approval
      will lapse under section 341 of the Sustainable Planning Act 2009 for the following reasons:
      1.     The notice requesting the extension to the period was not made on the Council’s
             prescribed form.



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