Developer fails in bid to get retail hub across line
An appeal against Noosa Council's decision to reject turning the old Peregian Beach corner convenience store into a dining, retail and office complex with rooftop entertainment has been rejected.
Noosa Shire Council rejected Andema Pty Ltd's application on June 6 last year, saying the proposed three storey development exceeded the planning scheme's required two storey and 8m height limit.
The council also said the "bulky" development proposed for the old store across the road from the surf club would not fit in with the casual atmosphere of Peregian Beach.
In a hearing in April this year, Andema Pty Ltd argued evidence from architects showed their proposed development had a building height that was consistent with the northern side of Heron St.
In a decision handed down by the Brisbane Planning and Environment Court on Wednesday, Judge Nicole Kefford told the court while the height of the building was suitable, the design would be too visually dominant in the area.
Judge Kefford said the building would not fit in with the beachside character of the area.
"It will not create a light, breezy and informal atmosphere," she said.
"The proposed development, including its design elements, is not consistent or compatible with the bulk and scale of buildings on adjoining and nearby land."
In the hearing, the council said the proposed development would visually dominate the street, nearby properties, surrounding spaces, existing skyline and there would be more carparking needed.
The proposed rooftop dining was to be daily from 7am until 9pm with the ground floor restaurant taking up 70sq m, including 16sq m of external dining.
The council initially rejected the development because the proposed roof top terrace did not meet the area's planning scheme requirements of having a pitched or curved roof.
The proposed development would have a flat roof structure.
Andema Pty Ltd argued that evidence by an expert showed that the Peregian Digital Hub building on David Low Way managed to fit in with the casual atmosphere of the area without a pitched or curved roof.
Judge Kefford said the plans for the roof top terrace, which would have timber patterns and climbing plants, would clash with other buildings in the area.
"I do not regard the end result to be attractive," she said.
Judge Kefford rejected the appeal.