2017-03-07 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     7 MARCH 2017


RECOMMENDATION
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 for the following reasons:
      1.   The proposed development is inconsistent with The Noosa Plan and given the time
           lapsed it is relevant to examine whether there are still grounds in the community’s
           interest to justify the conflict with the planning scheme.
      2.   The community is unlikely to be aware of the development approval given the time
           lapsed since the application was lodged in 2007; changes in the area; and the
           shopping complex that has been constructed on a significant portion of the site.
      3.   The application would be likely to attract further properly made submissions were a
           further development application lodged and publicly notified today, given:
           a.    the time lapsed since the application was lodged in 2007;
           b.    the changes that have occurred in Peregian Beach, including significant urban
                 growth west of Peregian Beach; and
           c.    the development cannot proceed in its current approved form and the change is
                 likely to result in a substantially different development.
      4.   The approved development in its current form cannot proceed as a shopping complex
           has been constructed on a significant portion of the site and has superseded the
           development approval. Substantial changes would be required to the development
           approval for it to proceed.
B.    Advise the applicant that the request to change Condition 31 must be made to the Planning
      and Environment Court pursuant to the Sustainable Planning Act 2009.


REPORT
1.    PROPOSAL
The applicant seeks 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 seeks 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 2016 28 September 2018, and all works associated with the
      development have been completed by 4 February 2018 - 4 February 2020.
Under the Sustainable Planning Act 2009, as the development approval was issued by the
Planning and Environment Court, Council is only able to extend the relevant period and the Court
is able to change the condition of approval in respect to the sunset clause. Given this
complication, advice is being sought from Council’s planning solicitor on how to frame Council’s
decision in this regard.



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