PM Submission Object - Peregian Beach Community Assoc Inc(Barry Cotterell) - Peregian Beach Community Association - MCU16/0153 & REC16/0041

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                     1. History

                     1.1 Peregian Beach Caravan Park
                     The site on which this development is proposed was part of a caravan park
                     which existed in Peregian Beach from 1964. The current developer excluded
                     permanent caravan residents from the site and then claimed that the caravan
                     park was not commercially viable.

                     1.2 The 2007 Development Application
                     An application was lodged in 2007 for a Material Change of Use for visitor
                     accommodation, restaurant, shops and office and was originally refused by
                     Council on 21 August 2009, but subsequently settled on 12 February 2010
                     through the appeal process. 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 Planning and Environment Court sanctioned the approval of 12 February
                     2010 of the now lapsed DA referred to above. At item 3 it stated:
                           The units shall operate in accordance with the defined use of ‘Visitor
                           accommodation – Type 4 Conventional’ in the Noosa Plan, which
                           provides for short term visitor accommodation. The units shall not be
                           used for the purpose of permanent residential accommodation, with the
                           exception of two manager/caretaker’s units. The Community
                           Management Statement for any or all Bodies Corporate having control
                           of the development, or any part thereof, shall incorporate this
                           requirement.”

                     However, the developer was not satisfied with what he had agreed to and in
                     2011 went back to the Planning and Environment Court to vary his agreed
                     plans. Apparently the developer was unable to sell any of the “beach shacks”
                     off the plan and the proposed mini-supermarket, approved as part of that
                     approval, was non-viable. With no pre-commitment the developer did not
                     proceed.

                     1.3 The 2013 Development Application
                     Subsequently, in 2013 the developer submitted a new development
                     application (for the area where the commercial building was approved) for a
                     supermarket and four specialty shops, this time, after discussion with the
                     Peregian Beach community. This proposal, was supported by PBCAI and the
                     Peregian Beach community and was approved by Noosa Council on 29 May
                     2014.

                     This constituted a major concession, allowing the developer to build a
                     Supermarket complex on the Open Space Recreation zoned property.

                     1.4 The 2016 Development Application
                     On 16 September 2016, the developer filed a development application to
                     change the development approval and extend the relevant period for visitor
                     accommodation, office, shops and restaurants at 215a David Low Way,
                     Peregian Beach. The developer sought a 2 year extension to the relevant



Document Set ID: 20307893
Version: 1, Version Date: 26/04/2017