2017-03-07 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     7 MARCH 2017


2.    SITE DETAILS
2.1. Background
Material Change of Use
An application (132007.1259) for a Material Change of Use for visitor accommodation,
restaurant, shops and office was originally refused by Council on 21 August 2009 but
subsequently settled on 12 February 2010 through the appeal process. The application attracted
2 properly made and 4 not properly made submissions. The approval was over 4 lots, 3 with
frontage to the David Low Way and a larger lot to the rear of these lots, all accessed from the
then Unnamed Road, which is now Sandpiper Court.
The approved development comprises a commercial building fronting the David Low Way, which
includes 306m² of restaurant, 387m² of retail uses on the ground/podium level and a low cost 58
bed visitor accommodation use to the first floor with parking underneath this building To the rear
of the site and behind the Peregian Beach Hotel, 2 three storey accommodation buildings
consisting of 32 x 3 bedroom units, pool/BBQ area and 30 individual 2, 3 and 4 bedroom “beach
shacks” are approved. The most western portion of the site is conditioned to be dedicated to
council as parkland for environmental purposes.
On 24 January 2012 a permissible change was issued by the Planning and Environment Court
(Appeal No. 4783 of 2011*). The primary changes included:
    Staging the development into 3 stages, being:
      o   Stage 1 – commercial building fronting David Low Way and rehabilitation and
          dedication of the parkland to Council.
      o   Stage 2 – The 2 larger visitor accommodation buildings (32 x 3 bedroom units) to the
          rear of the site.
      o   Stage 3 – 30 Beach Shacks (2, 3 and 4 bedroom individual buildings); and
    An updated Stormwater Management Plan to reflect the staging and the current best
      practice water management objectives.
As part of this application to change the development approval, the court did not allow the
addition of juliette balconies and additional outdoor dining facilities to the commercial and visitor
accommodation building fronting David Low Way. The court did not agree the juliette balconies
and the outdoor dining areas constituted a permissible change pursuant to Sustainable Planning
Act 2009.
As such a new impact assessable application for a development permit to include juliette
balconies and additional outdoor dining (MCU12/0023) was lodged and subsequently approved
on 26 July 2012. The application attracted 198 properly made and 12 not properly made
submissions. Of the 198 properly made submissions, 81 objected and 117 supported the
proposal. The submitters were primarily concerned with noise generated from the outdoor dining
activities.
On 15 November 2013, Council agreed to extend the relevant period to 28 September 2016 and
extend the sunset provision to 4 February 2018 (Appeal No. 4139 of 2013).
Reconfiguring of a Lot
A Development Permit for Reconfiguring a Lot (152010.627) was approved by Council on 29
October 2010. This approval created the western lot required by the material change of use
approval to be dedicated as parkland for environmental purposes and 2 other lots, being one lot
for the commercial and visitor accommodation uses fronting David Low Way and the other lot for
the majority of the visitor accommodation uses located to the rear of the site.




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