2017-03-07 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    7 MARCH 2017


3.   ASSESSMENT
3.1. Statutory Process
In accordance with Section 388 of the Sustainable Planning Act 2009, in deciding a request to
extend the relevant period, the assessment manager must only have regard to:
     (a)   the consistency of the approval, including its conditions, with current laws and
           policies applying to the development, including, for example, the amount and type of
           infrastructure contributions, or infrastructure charges payable under an infrastructure
           charges schedule;
     (b)   the community’s current awareness of the development approval; and
     (c)   whether, if the request were refused-
           (i)    further rights to make a submission may be available for a further development
                  application; and
           (ii)   the likely extent to which those rights may be exercised; and
     (d)   the views of any concurrence agency for the approval…
The Planning Scheme’s requirements for the site remain generally the same as when the
application was originally lodged and as such the development remains inconsistent with the
Planning Scheme’s development intent for the site. The site is predominantly zoned Open Space
Recreation, with a portion of the site fronting David Low Way zoned Semi-Attached Housing. For
the area of the site zoned Open Space Recreation, the planning scheme seeks to maintain the
use of the site for the former caravan park and supports visitor accommodation units only where
associated with the caravan park use. Small scale commercial offices and medical offices are
supported for that part of the site zoned Semi-Attached Housing. The planning scheme also
seeks to ensure that buildings fronting David Low Way are of a domestic scale, visually pleasing
and consistent with the character of the area.
The application was originally refused on numerous grounds including but not limited to the
development being excessive for the site in terms of density, height, bulk and scale. The
development was also considered contrary to the Specific and Overall Outcomes of the Eastern
Beaches Locality Code which sought to protect and retain the caravan park for low cost visitor
accommodation needs. The applicant also relied on inadequate or irrelevant planning grounds to
justify the departure from the Planning Scheme.
Through the appeal process the development’s density, height, bulk and scale were reduced and
the development’s general presentation to the street significantly improved. It was also accepted
that the proposed visitor accommodation was a reasonable replacement for the caravan park as
it included low to mid-range cost visitor accommodation facilities. In terms of the commercial
aspect of the proposal, Council’s economic consultant at the time concluded ‘although ‘out of
centre’ the restaurant and retail facilities are appropriate components to the proposal. The visitor
accommodation would generate the demand and support the proposed retail and restaurant
facilities.’ The approved plans for the development are provided as Attachment 1.
A significant amount of time has lapsed since the original application was lodged in 2007 and it is
relevant to consider whether there are sufficient grounds for the development today given its
conflict with the Noosa Plan. Need has not been re-examined since the application was originally
lodged and no supporting documentation for the proposed visitor accommodation uses has been
submitted with this request. It is noted though that the applicant has lodged a further application
over the subject site seeking approval for a development which primarily comprises permanent
residents and significantly scaled back visitor accommodation. Changes in the economic
environment have also occurred in the past 10 years, which may affect need for the proposal.




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