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Noosa Council meetings since 2014: papers, decisions and recordings, and from April 2023 the video cued to each item.

Special Meeting - 5 June 2019

Wednesday 05 June 2019 · Special Meeting · 2 decisions minuted

Decisions · Transcript · Video · Papers

This meeting predates council's current meetings system, which begins in April 2023, so there is no agenda here with each item cued to the video. What follows is what the record holds: council's papers, the recording, and the decisions its minutes record.

What was said

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Papers

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Decisions

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  1. MCU18/0204 Development Application for a Material Change of Use for Entertainment and Dining Business Type 1- Food and Beverage and Retail Business Type 2 Shop and Salon at 6 Heron Street Peregian Beach
  2. That Council note the report by the Coordinator Planning to the Special Meeting dated 5 June 2019 regarding application MCU18/0204 for a Development Permit for … Development Carried

    That Council note the report by the Coordinator Planning to the Special Meeting dated 5 June 2019 regarding application MCU18/0204 for a Development Permit for Material Change of Use Entertainment & Dining Business - Type 1 Food & Beverage, Retail Business - Type 2 Shop & Salon and Commercial Business Type 1 - Office, situated at 6 Heron Street Peregian Beach and: A. Refuse the application for the following reasons: 1. The proposed development is contrary to the Overall and Specific Outcomes of the Eastern Beaches Locality Code as the development is not compatible with the preferred built form outcomes as: i. The proposed building height exceeds 8.0 metres and 2 storeys and is not consistent with structures on adjoining and surrounding land nor responsive to the informal beachside character of the locality; ii. The development presents as a 3 story building and does not contribute to an informal village-like atmosphere that engenders a ‘sense of space’ and public focus for local community interaction and activity; iii. The proposed development will visually dominate the street, adjacent properties, surrounding spaces and the existing skyline; iv. The proposed development exceeds the allowable plot ratio and results in a building which presents an appearance of excessive bulk to adjacent properties, roads and other areas in vicinity of the site. v. The proposed development does not present subtle changes in colours, textures and materials to break up the building facades. 2. The development is contrary to the Driveways and Carparking Code as the proposal does not provide any car parking on site and the car parking demand is likely to exceed the car parking demand generated by the previous use of the site for a grocery store. B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

    Moved by Frank Pardon, seconded by Jess Glasgow.

    Carried. The minutes do not name who voted which way, which they only had to when a division was called.

    link to this decision

  3. Planning & Environment Court Appeal 4066 of 2017 – 215 David Low Way, Peregian Beach – Proposed Settlement Conditions
  4. That Council note the report by the Manager, Development Assessment to the Special Council Meeting dated 5 June 2019 regarding Planning & Environment Court appe… Court cases

    That Council note the report by the Manager, Development Assessment to the Special Council Meeting dated 5 June 2019 regarding Planning & Environment Court appeal 4066 of 2017 and agree to settle the appeal generally in accordance with the following conditions: When Conditions must be Complied With 1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues. Approved Plans 2. Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table: Plan No. Rev. Plan / Document Name Date 16003 SD-02 4 18082 Location/Site Plan prepared by Red Door 16 April 2019 Architecture 16003 SD-03 4 18082 Site/Rufous Street Overlay prepared by 16 April 2019 Red Door Architecture 16003 SD-04 4 18082 Site/Floor Plan prepared by Red Door 16 April 2019 Architecture 16003 SD-05 4 18082 Site/First Floor Plan prepared by Red 16 April 2019 Door Architecture 16003 SD-06 4 18082 Site/Roof Plan prepared by Red Door 16 April 2019 Architecture Plan No. Rev. Plan / Document Name Date 16003 SD-07 4G 18082 Site/Unit Building Roof Plan prepared by 16 April 2019 Red Door Architecture 16003 SD-08 G Kamala Plans prepared by Sprout Architects 24 May 2018 16003 SD-09 G Kamala Elevations prepared by Sprout 24 May 2018 Architects 16003 SD-10 G Marram Plans prepared by Sprout Architects 24 May 2018 16003 SD-11 G Marram Elevations prepared by Sprout 24 May 2018 Architects 16003 SD-12 G Saltbush House Plans prepared by Sprout 24 May 2018 Architects 16003 SD-13 G Saltbush House Plans prepared by Sprout 24 May 2018 Architects 16003 SD-14 G Saltbush House Elevations prepared by Sprout 24 May 2018 Architects 16003 SD-15 G Saltbush House Elevations prepared by Sprout 24 May 2018 Architects 16003 SD-16 G Lily House Plans prepared by Sprout Architects 24 May 2018 16003 SD-17 G Lily House Plans prepared by Sprout Architects 24 May 2018 16003 SD-18 G Lily House Elevations prepared by Sprout 24 May 2018 Architects 16003 SD-19 G Wallum House Plans prepared by Sprout 24 May 2018 Architects 16003 SD-20 G Wallum House Elevations prepared by Sprout 24 May 2018 Architects 16003 SD-21 5 18082 Floor Plans prepared by Red Door 16 April 2019 Architecture 16003 SD-22 5 18082 Floor Plans prepared by Red Door 16 April 2019 Architecture 16003 SD-23 5 18082 Elevations prepared by Red Door 16 April 2019 Architecture 16003 SD-29 4 18082 Staging Plan prepared by Red Door 16 April 2019 Architecture 1108-155C-01-02 C Simmonds & Bristow Drawing 13 January 2012 Figure SW-1 The approved plans may be further amended by the conditions herein. Staging of Development The development may be staged in accordance with the approved staging plan. The first stage must include the following: a. All required bushfire management measures b. All required acoustic fencing and screening c. A 2m wide concrete pedestrian pathway between the motel building and the adjacent IGA shopping centre Nature and Extent of Approved Use 3. The approval is for 19 x 3+ bedrooms Visitor accommodation Type 4 dwelling units, 1 x manager’s unit and a Visitor accommodation Type 4 motel building which contains 10 x 2 bedrooms dwelling units and 22 x 1 bedroom accommodation units. 4. The manager’s unit is for permanent occupation by the manager of the approved Visitor accommodation Type 4 dwelling units. 5. The approved units must be used for short term visitors only. The approved units must not be occupied by persons for continuous occupation in excess of 90 days for each calendar year. A register of occupation must be kept by the body corporate and made available to Council upon request. The requirements of this condition must be included in the Community Management Statement for anybody corporate for the subject site. If the development is to be staged the motel must be built in the first stage. 6. Non-residential uses on the premises must not operate outside the hours of: a. 7am to 10pm Monday to Thursday b. 7am to 11pm Friday and Saturday c. 9am to 10pm Sunday or any public holiday The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site. 7. Service vehicle movements associated with non-residential uses on the premises (including loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at all on Sundays or public holidays. The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site. Building Height 8. The maximum height of the 19 Visitor accommodation Type 4 dwelling units and the managers unit must not exceed 8 metres above the finished ground level and the natural ground level, other than in respect of dwelling units 1, 8 and 9 which have a maximum height as follows: 8.1. Dwelling Unit 1: 9.056m above natural ground level 8.2. Dwelling Unit 8: 8.602m above natural ground level 8.3. Dwelling Unit 9: 9,106m above natural ground level 9. The height of the Visitor accommodation Type 4 motel building must be in accordance with the approved plans. 10. Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice. Building Appearance 11. All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. 12. All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice. 13. All buildings shall be finished in natural, muted tones and include a mix of materials as depicted on the Approved Plans. 14. Any advertising sign or device is to comply with Council’s policies on advertising. Access and Driveways 15. A sealed access must be provided from Sandpiper Court to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular: a. improvements to the existing access to Sandpiper Court. The improvements must be sufficient to cater for the existing commercial use and the additional traffic and vehicle types (passenger, service, refuse and emergency services) generated by the proposed development b. internal access roads that are generally in accordance with the approved plans c. driveways to each residence that are in accordance with Council’s Standard Drawings RS-049, RS-050 and any associated addendums d. a driveway to the multi-unit building that is in accordance with Council’s Standard Drawing RS-051 and any associated addendums e. suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance safety. Warning signage must be provided near the exit from the development site to warn motorists of pedestrian movements and other vehicles at the Sandpiper Court entrance f. clearly visible signage must be erected at the threshold of the internal road, which clearly indicates to motorists and pedestrians that they are entering a private road system 16. If the development is to be staged a temporary sealed turnaround facility must be constructed at the end of each road left temporarily incomplete as a result of the development staging. The temporary turnaround facility must be in accordance with an Operational Works approval and must be of sufficient size to accommodate the 3-point turn manoeuvre of a refuse collection vehicle. Car Parking 17. Car parking spaces must be provided in accordance with the approved plans and marked on the site and made available and accessible at all times while the use is operating. The works must be undertaken in accordance with an Operational Works approval. Service Vehicles 18. Service vehicle parking, manoeuvring and standing spaces must be provided for the Visitor accommodation Type 4 motel building on the site in accordance with the approved plans. The works must be undertaken in accordance with an Operational Works approval. Pedestrian Facilities 19. Pedestrian facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular: a. the internal pathway network generally in accordance with the approved plans; b. a 2m wide pathway connection to the existing pathway network located in the reserve to the north of the site; c. a 2m wide pathway connection to the existing commercial development in the southern part of the subject site. Stormwater Drainage 20. The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval. 21. A Stormwater Management Plan must be submitted for approval as part of an Operational Works application. The plan must address the management of stormwater quantity and quality and must be generally in accordance with the Stormwater Management Plan (SLR, 23 March 2018) being exhibit 64 in appeal 4066 of 2017 with the following specific modifications. a. The development shall include a 3kL tank to be provided to collect and reuse roof runoff from each unit, and a 200kL tank must be provided to collect and reuse runoff from the motel. b. The detention tanks must be sized to ensure no increase in peak discharge from the site for all events from 63%AEP to 1% AEP inclusive. c. The first application for Operational works for the development must include a Music Model prepared in accordance with the Water by Design Music Modelling Guidelines, and which demonstrates that the development layout proposed in the Operational Works application will achieve the State Planning Policy Water Quality Objectives of 80% Reduction in Total Suspended Solids, 60% Reduction in total Phosphorous, and 45% reduction in Total Nitrogen. The results of the MUSIC modelling must also demonstrate that the developed site will discharge less annual loads of Total Nitrogen, Phosphorous and Total Suspended Soils respectively compared to the pre-development scenario. d. The pervious percentage of the development must be consistent with the

    Moved by Jess Glasgow, seconded by Joe Jurisevic.

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