Meeting minutes

GENERAL COMMITTEE MEETING MINUTES                                          13 NOVEMBER 2023


            No. MCU22/0118 for a Development Permit for Material Change of Use - Short-
            term accommodation, situated at 94 & 142 Noosa Dr, Noosa Heads and:
            A. Refuse the application for the following reasons:
                  1. The proposed development has failed to demonstrate a significant
                  planning need to develop outside of Noosa Plan 2020's urban boundary,
                  particularly at the density and height proposed and is inconsistent with the
                  local landscape character. No overriding community benefit been
                  demonstrated, which would justify approval despite its conflict with the
                  planning scheme.

                  2. Valid planning grounds have been raised by submitters that the
                  proposal will result in an unacceptable impact on the biodiversity of the
                  locality. Further, the development exceeds what a community member
                  could reasonably expect to be developed outside of the Urban Boundary
                  and within the Environmental Management and Conservation Zone.

                  3. The proposed development of the subject land is inappropriate, in
                  circumstances where:
                        (a) The proposed development seeks to expand the existing resort
                        complex in circumstances where part of that land is located outside
                        of the urban boundary in Noosa Plan 2020;
                        (b)    The proponent seeks to utilise the land for Short-term
                        accommodation, which is an inconsistent use in the Environmental
                        Management and Conservation zone;
                        (c) The proposed development is an overdevelopment of the land
                        at the expense of the natural values of the land, as the proposal
                        would result in unacceptable clearing of vegetation in an ecologically
                        important and environmentally sensitive area, including proposed
                        development located on mapped Areas of Biodiversity Significance,
                        Matters of State Environmental Significance (MSES) Environmental
                        Values and Riparian Buffer Area under the Biodiversity, Waterways
                        and Wetlands Overlay and mapped Core Koala Habitat area;
                        (d) The stormwater treatment proposed is not of a sufficient size to
                        achieve the water quality objectives and protection of biodiversity
                        areas required under the Water Quality and Drainage Code.
                        (e) The built form of the proposed development is unacceptable,
                        being slightly over height in metres in the Tourist Accommodation
                        zone and substantially over height in metres and storeys in the
                        Environmental Management and Conservation zone.

                     In respect of the above, the proposed development is inconsistent with
                     the following provisions of Noosa Plan 2020:
                         (i) Strategic Framework – 3.2.2, 3.2.5, 3.3.1(b) and 3.3.4(b)(p);
                         (ii)  Biodiversity, Waterways and Wetlands Overlay Code –
                         8.2.2.2(2)(a), (b), (c), (d), (e), (f), (g), (h) and (i) Table 8.2.23 PO1,
                         PO3, PO6 and PO11;
                         (iii) Water Quality and Drainage Code – 9.4.82(2)(a) and (b) and
                         Table 9.4.8.3 PO6;
                         (iv) Noosa Heads Local Plan Code – Overall Outcomes (2)(b)(d)(e)
                         and (ad) and Table 7.2.5.3 PO4, PO5, PO6 and PO26;
                         (v) Environmental Management and Conservation Zone Code –
                         Overall Outcomes (2)(a) and (b), Table 6.7.1.3 PO1, PO5, PO7,
                         PO8, PO9, PO11 and PO13;
                         (vi) Tourist Accommodation Zone Code - Table 6.3.4.3 PO9 and
                         PO10.