2017-04-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                          11 APRIL 2017


The Portal Code also established that further code assessable applications were required to be
lodged for approval prior to proceeding with an application for Operational Works and Building
Works. These code assessable applications for each stage/sub stage, permitted assessment of
the final site layout and building design against the provisions of the Portal Code.
The eco-cabins subject to this application before Council were originally approved as Stage 1A
and 2B and as two of these code assessable approvals.
It is important to note that the Preliminary Approval has lapsed, although the development is still
subject to all management plans, the Portal Code and conditions of the original approval.
Table 1 below identifies the status of the various Stages of the development.

                                                   Table 1
  Stage           Status of Stage
  Preliminary approval for 4 stages issued October 2004
  Stage 1A        24 Eco-Cabins and leisure centre - completed.
  Stage 1B        Conservation precinct east created (lot 901 SP 186169)
  Stage 1C        Conservation precinct west created (lot 900 SP 186169)
  Stage 2A        Eco-Centre constructed, with required car parking, landscaping & road works subject
                  to an infrastructure agreement. (located opposite the site at 200 Maximillian Road and
                  not currently fully operational)
  Stage 2B        24 Eco-Cabins constructed and completed
  Stage 3A        (i) Development Permit for 21 Beach Road Retreats, (current) – not constructed
                  (ii) Preliminary Approval for 20 Beach Road Retreats (current)
  Stage 3B        Development Permit for 24 Eco Cabins, not constructed and lapsed under the
                  Preliminary approval (October 2014)
  Stage 4         Application withdrawn for 18 Eco Cabins
  The Preliminary Approval lapsed in October 2014


In October 2008 the developer, Petrac Company, went into liquidation and the National Australia
Bank appointed receivers to this Noosa North Shore Project. Since that time, the Eco Centre site
at 200 Maximillian Drive, the undeveloped portion of the Eastern Development Visitor Precinct and
the whole of the Western Development Visitor Precinct has been sold to individual entities.
The site has been subject to compliance action commencing in November 2013 when the
complaint was received by Council. The complaint being that 10-15 eco-cabins were being used
as permanent occupation. Council officers responded by sending a letter to all owners within the
development regarding the use, along with a copy of the decision notice in January 2014. In
February 2014 a letter was sent to owners not complying with the development approval. The
relevant condition in the approval is as follows ‘The Eco-cabins shall be for short term visitor
accommodation only, with no person permitted to occupy the Eco-cabins for the purposes of
permanent accommodation in accordance with the Noosa North Shore Eco-Tourism Portal
Development Code.’ Visitor accommodation is defined by The Noosa Plan to mean
accommodation that is designed for and predominately used by visitors to the Shire.
Meetings followed between Council and the relevant land owners. Council who engaged and
sought advice from Council’s solicitor. By January 2015, compliance by some land owners had
occurred, with them agreeing to not stay more than 12 weeks per year, while others sold their
property. The applicant’s consultant’s recent advice stated that 18 ‘houses are used by owners
mostly on an infrequent basis, but some are lived in on a semi-permanent basis’.
2.2. Site Description
The site is located at 90 Beach Road, Noosa North Shore. The development fronts and is setback
from Beach Road. The development known as Beach Road Holiday Homes comprises 48 eco-
cabins and associated common area which includes facilities such as pools, 2 x tennis courts,
games room, children’s play room and BBQ areas. The remainder of the site is significantly
vegetated. Refer Figure 3.

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