MCU22/0118 – DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE – SHORT-TERM ACCOMMODATION AT 94 & 142 NOOSA DR, NOOSA HEADS (Referred from Planning & Environment Committee dated 7 November 2023 - Item 5.1) · ATTACHMENT 1 – OFFICER’S REPORT

132006.1395      An application for a multiple dwelling development was received by Council
                 on 7 July 2006 requesting that Council assess the application against the
                 Superseded Planning Scheme. Council agreed to this request as it was
                 considered to be largely consistent with The Noosa Plan 2006 at the time. A
                 Preliminary Approval for a Material Change of Use Multiple Dwellings (10
                 Units) was approved on 24 January 2008. A Negotiated Decision Notice for
                 a Development Permit was issued on 15 May 2008.

132006.1395.02   A change to the approval was issued on 14 July 2008 which changed
                 conditions relating to land identified as open space.

132006.1395.03   An Extension to the Relevant Period was refused on 4 April 2012. The
                 applicant subsequently appealed the refusal. A Judgement was issued by the
                 Planning & Environment Court on 5 July 2013 allowing the appeal and
                 extending the Relevant Period until 15 May 2016.

132006.1395.04   A request to Extend the Relevant Period was lodged by the applicant on 22
                 December 2015. The request was refused on 19 July 2018. On 20 August
                 2018 Council was notified that the applicant had lodged an appeal to the
                 Planning and Environment Court seeking the Court extend the currency
                 period.
                 On 12 August 2019 the below minor change application was received
                 (132006.1395.05). The court proceedings were paused until the assessment
                 of this application was finalised, which was required by 20 March 2020 by the
                 Court. The below minor change application was refused on 19 March 2020,
                 and the appeal to the Planning and Environment Court seeking the Court
                 extend the currency period was subsequently withdrawn by the applicant. As
                 such, this approval has lapsed.

132006.1395.05   A minor change to an existing approval for Material Change of Use – Multiple
                 Dwelling (10 Units) was refused on 19 March 2020.
                 The minor change application sought approval to change the existing
                 development approval to address the issues raised by Council’s decision to
                 refuse to extend the currency period of the approval (132006.1395.04 –
                 discussed above).
                 The applicant submitted revised plans of development and supporting reports
                 in respect of koala habitat, bushfire and stormwater. The revised site plan
                 resulted in the location of the structures and roads being adjusted slightly
                 from the existing approved layout, with the applicant’s primary intent being to
                 retain additional koala trees compared to the original layout (refer to Figure
                 8).




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