2017-10-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         10 OCTOBER 2017


The areas of non-compliance with the Home-based business code are addressed below:
 Home-based business code                         Proposed                                      Compliance
 O53 The Home-based business does not             The noise generated by the business use            X
 interfere with the amenity of the                interferes with the amenity of
 neighbourhood from the operation of              neighbouring residents located adjacent
 machinery or electrical equipment or from        to the swimming pool. The proposed
 light, noise, vibration, smell, fumes, smoke,    reduction in class numbers and times
 vapour, steam, soot, ash, grit, oil, dust,       does little to address these amenity
 waste water, waste products, electrical          impacts.
 interference, traffic generation or otherwise;
 O54 The scale and nature of the business         The size of the property and location of           X
 is relative to the lot size and does not         the pool in relation to surrounding
 dominate or conflict with the area in which it   properties does not provide sufficient
 is situated;                                     separation for surrounding residents. The
                                                  business use proposes up to 9 classes
                                                  each day and operates from Monday to
                                                  Friday, which is likely to dominate the
                                                  amenity for those immediate neighbours.
 O59 Adequate off-street vehicle parking is       The site does not provide adequate off-            X
 provided for the users of the operation          street vehicle parking for users of the
 without causing adverse impact to the            operation.
 residents of adjoining properties.
 O60 The hours of operation do not cause          The hours of operation of the business             X
 environmental nuisance to neighbouring           are Monday to Friday 8:30am to 6:00pm,
 residents.                                       with a break between 12:00pm (midday)
                                                  to 2:30pm is considered excessive for a
                                                  use that operates outside in a residential
                                                  area with associated noise impacts.
4.    CONSULTATION
4.1. Other Referrals
    Not applicable
4.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. The development proposal was publicly notified in the Noosa Today
Newspaper on Thursday 6 July and on site from Thursday 6 July to Friday 28 July 2017. 19
properly made submissions were received. 10 submissions were made in support and 9
submissions in objection to the development application. The following table provides a summary
and assessment of the issues raised by submitters. A map below shows the locations of the
submitters identifying those objecting and in support of the application. (Refer to Figure 7).

 Issues                           Comments
 Impact to amenity (Noise,        7 submissions (object) were made in regards to the negative affect on
 parking)                         the surrounding amenity. This included noise generation concerns from
                                  the use and impact on surrounding neighbours. Concerns were also
                                  raised in regard to street amenity impacts, as parking and
                                  manoeuvrability in the street was said to be negatively impacted by the
                                  proposed use.
 Community need                   6 submissions (support) were made in regards to the home based
                                  business being an asset and benefit to the community.
 No impact to surrounding         4 submissions (support) were made in regard to the home based
 area                             business not having any affect to neighbouring properties and on street
                                  parking.
 Inconsistent use (Residential    2 submissions (object) were made in regard to the inconsistent and
 area)                            incompatible business use in a residential area, submissions suggested
                                  that the particular use belongs in a community area (public pool).

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