2015-09-15 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                             15 SEPTEMBER 2015


2.    PROPOSAL
The applicant seeks a 2 year extension of the relevant period of 132008.1779.01 for Stage 3A sub
Stage (ii) (20 guest lodges). The applicant has provided the following reasons for the request:
    The appointed receivers were tasked with advancing this development application, and
      ultimately obtained a preliminary approval in June 2011, such that the site could be properly
      put to market for sale with this approval in place. For various reasons, this marketing and
      sale process took longer than expected and our client only acquired the site in early 2013.
    Our client has a committed interest in completing the project, and an extension to the relevant
      period is necessary to provide sufficient time to obtain a development permit consistent with
      this preliminary approval, and necessary to deliver the project.
    Though economic conditions have improved in recent years, visitor accommodation projects
      maintain a reasonably high risk profile, and require ideal market conditions. The requested
      extension will allow for this development to be completed within an acceptable economic and
      market cycle.
    Finally, the proposal remains consistent with the current planning scheme which supports
      visitor accommodation on land in the Visitor Mixed Use Zone.


3.    ASSESSMENT
3.1. Statutory Process
In accordance with Section 388 of the Sustainable Planning Act 2009 in deciding a request to
extend the relevant period, the assessment manager must only have regard to:
(a)   the consistency of the approval, including its conditions, with current laws and policies
      applying to the development, including, for example, the amount and type of infrastructure
      contributions, or infrastructure charges payable under an infrastructure charges schedule;
(b)   the community’s current awareness of the development approval; and
(c)   whether, if the request were refused-
      (i)    further rights to make a submission may be available for a further development
             application; and
      (ii)   the likely extent to which those rights may be exercised; and
(d)   the views of any concurrence agency for the approval …
An assessment against these provisions is provided in the sections that follow.
3.2. State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Rural Landscape & Regional Production area of the SEQ Regional
Plan and the proposed visitor accommodation, defined as a Tourist Activity, is consistent with the
regional policies and regulatory provisions of the SEQ Regional Plan.
3.3. Statutory Provisions – Planning Scheme
This request to extend the relevant period was referred to Council’s solicitor for advice, as the
higher order Preliminary Approval (132003.221037), which approved the Noosa North Shore Eco-
Tourism Portal Development Code, lapsed in October 2014.The Noosa North Shore Eco-Tourism
Portal Development Code is the planning instrument the subject approval was assessed against.




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