2022-10-11 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                              11 OCTOBER 2022


mapping regarding Koala and Bushfire have altered and no review has been undertaken as to
whether the proposal meets the State requirements.
The surrounding area has also experienced significant change since approval of the development
and due to the extended time frame a significant portion of the current community may not be
aware of the development or have had the opportunity to comment on the proposal.
RECOMMENDATION
That Council note the report by the Coordinator of Planning to the Planning & Environment
Committee Meeting dated 11 October 2022 regarding Application No. 132008.176.04 for an
extension to the currency period for Material Change of Use - Resort Development comprising a
Multiple Dwelling (109 Dwelling Units) and Accommodation Building (90 Accommodation Units)
and Ancillary Facilities situated at 3 and 7 Serenity Close, Noosa Heads and described as Lots 10
and 11 on SP195871 and
A.   Refuse to extend the currency period for the following reasons:
     1.    The existing approval is over 14 years old and the surrounding community are unlikely
           to be aware of the proposal or the impacts to the area. This community has had no
           opportunity to comment and may raise submissions to the development;
     2.    The planning scheme has changed since the approval was issued with Bushfire
           Mapping increasing from Medium Potential Bushfire Intensity (Superseded Noosa Plan
           2006) to High Potential Bushfire Intensity (Noosa Plan 2020). The current approved
           Bushfire Management Plan, places unreasonable burden on Council of removing fuel
           by hand from the adjoining parkland and potentially places future residents and
           buildings at an unreasonable level of risk as defined in the Bushfire Resilient
           Communities Natural Hazards, Risk and Resilience State Planning Policy Guide;
     3.    State Legislation regarding Koalas has altered since issue of the original approval and
           the application to extend the currency period in 2013, and no assessment as to whether
           the proposal complies with the legislation has been provided;
     4.    The owner of the site has not undertaken any operational works that demonstrate a
           commitment to development of the site.
B.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


REPORT
1.   PROPOSAL
Lots 10 and 11 currently benefit from a development approval (2008/076) which approves a
Material Change of Use - Resort Development comprising a Multiple Dwelling (109 Dwelling Units)
and Accommodation Building (90 Accommodation Units) and Ancillary Facilities on the site. The
development approval has a currency period that expires on 8 April 2022 and the applicant seeks
approval to extend this currency period a further 12 months until 8 April 2023.
In support of the extension the applicant advises:
•    Calile Malouf Investments Pty Ltd have entered into a contract to purchase the land and
     intend to develop the site for a resort consistent with the Tourist Accommodation zoning.
•    The extension will enable Calile Malouf Investments Pty Ltd time to prepare and lodge a
     change application for a resort development on the site.
•    The subject site represents the final stage of the master planned concept.
•    There has been no change to the development intent for the site since the Development
     approval was given.
•    There is a high degree of consistency between the assessment benchmarks in both the
     superseded and existing schemes.

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