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

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                     period being 28 September 2016 and a 2 year extension to the sunset
                     provision of the development approval being that all works associated with the
                     development had to be completed by 4 February 2018.

                     On 16 March 2017, Noosa Council considered the recommendation of the
                     Planning & Environment Committee and decided to refuse the request to
                     extend the relevant period and of relevance here stated:
                           “The proposed development is inconsistent with The Noosa Plan and
                           given the time lapsed it is relevant to examine whether there are still
                           grounds in the community’s interest to justify the conflict with the
                           planning scheme
                           …
                           The approved development in its current form cannot proceed as a
                           shopping complex has been constructed on a significant portion of the
                           site and has superseded the development approval.

                     In assessing the 16 September 2016 application, the Council Planning staff
                     submitted the following to the Planning & Environment Committee:

                               “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… (Highlighting added)

                               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….(highlighting added)
                               …
                               An IGA supermarket and speciality shops have been constructed over
                               approximately a third of the site to the David Low Way frontage,
                               removing the approved commercial uses and low cost visitor
                               accommodation components. (highlighting added) The development




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