DUPLICATE PM Submission Object - Peregian Beach Community Association - MCU16/0153 & REC16/0041

                     9
                               of this shopping complex means the proposed development has been
                               superseded and cannot proceed without substantial changes to the
                               approval.

                               4. CONCLUSION
                               The proposal remains inconsistent with the current Planning
                               Scheme. …
                               Furthermore, a new unrelated development is now constructed on a
                               portion of the site (IGA and associated shops) and as such this
                               development cannot proceed as approved.

                               The request to extend the relevant period and sunset provision is
                               therefore recommended for refusal.”

                     1.5 Summary
                     This means that the site is zoned Open Space Recreation and there are no
                     consistent uses other than as a caravan park.

                     Therefore, many of the comments and documents in the DA which relate to
                     the now lapsed approval are irrelevant except as evidence of what the
                     developer was prepared to accept under the mediated agreement.

                     It is PBCAI’s strong view that this DA must be refused and the developer must
                     now start afresh to apply for approval to build on open space recreation in
                     compliance with the Noosa Plan.


                     2. Zoning

                     On 16 March 2017, Noosa Council considered the recommendation of the
                     Planning & Environment Committee and decided to refuse the request to
                     extend time and informed the developer that that “development is inconsistent
                     with The Noosa Plan”. Despite that formal advice the developer wants to
                     proceed with this DA, which is in significantly greater conflict with the Noosa
                     Plan than the previous development plan, as demonstrated below.

                     2.1 Inconsistent Uses

                     Figure 3 below illustrates that the proposed development is in the Open
                     Space Recreation zone. It should be noted here that the Semi-Attached
                     Housing Zone component shown in Figure 3 is now covered by the IGA
                     carpark and, despite the applicant’s assertions to the contrary, there is no
                     longer any part of the site to which this zoning applies.




Document Set ID: 20308026
Version: 1, Version Date: 26/04/2017