2017-10-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               10 OCTOBER 2017


RECOMMENDATION
That Council note the report by the Assistant Development Planner to the Planning &
Environment Committee Meeting dated 10 October 2017 regarding Application No. MCU17/0049
for a Development Permit for (Home Based Business Type 3 - Swim School), situated at 8
McKenna Ct Noosaville and:
A.   Refuse the application for the following reasons:
     1.    The application is contrary to The Noosa Plan and Home-based Business Code as
           the proposed use will adversely impact on the amenity of surrounding residents due
           to noise generated by the business and unsatisfactory provision of on-site car
           parking.
     2.    The applicant has not satisfactorily demonstrated that noise generated by the
           business activities will be satisfactorily mitigated for surrounding residents.
     3.    The scale and nature of the business is not appropriate or relative to the residential
           property and is likely to dominate and conflict with the surrounding area given the
           number of classes and operating hours proposed.
     4.    A number of properly made submissions were received from surrounding residents
           raising valid objections to the proposed business.
B.   Advise the applicant that the business is currently operating in breach of the Noosa Plan
     and the Planning Act 2016 and must cease operating by the 16 November 2017.


REPORT
1.   PROPOSAL
The application seeks approval for a Type 3 Home-based business – Swim School at 8 McKenna
Ct, Noosaville.
The home based swim school business is proposed to operate Monday to Friday, commencing at
8:30am and concluding at 6:00pm, with a break between 12:00pm (midday) and 2:30pm. The
classes are proposed to be held for 30 weeks a year, from January to the beginning of May and
recommencing at the end of August through to the beginning of December, relative to the school
terms. The proposed business will not run on public holidays or during the Christmas holidays.
A maximum of 10 classes and 3 students in each class will be held each day. Each class is
proposed to run for 30 minutes and have a 15 minute break between classes to prevent the
overlap of visiting clients on the site. The applicant has indicated there are 3 car parking spaces
to accommodate the visitors to the site, one in the dwelling’s double garage and two in the
driveway. To mitigate noise from the business the applicant has indicated a willingness to
construct an acoustic fence along a portion of the eastern boundary.




                                      Figure 1 – Site Location

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