22070_Extension Application_070422 (002)

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         “(1)    A person may make an application (an extension application) to the assessment
                 manager to extend the currency period of a development approval before the approval
                 lapses.”

Moreover, section 87(1) of the Planning Act 2016 says:

         “When assessing an extension application, the assessment manager may consider any matter
         that the assessment manager considers relevant, even if the matter was not relevant to assessing
         the development application.”

Also, the Planning Act 2016 provides that despite section 85, the development approval does not lapse
if an extension application is made.

Legal advice, provided to the applicant, notes the following about the provisions of section 87(1) of the
Planning Act 2016:

1.   section 87(1) of the Planning Act 2016 represents a change from the corresponding provisions of
     the repealed Sustainable Planning Act 2009, because now section 87 of the Planning Act confers a
     broad discretion on the assessment manager;
2.   given the effect of not granting the extension may be that the development approval would lapse
     and it would be necessary to make a new application which would be the subject of a fresh
     assessment and decision, it is relevant to the exercise of the discretion, whether there was a good
     town planning reason for the application to be re-assessed and re-decided;
3.   an extension application is not a development application and in assessing and deciding an
     extension application, the assessment manager needs not assess the development against all
     applicable benchmarks; and
4.   the range of potentially relevant considerations to the exercise of the discretion are not restricted
     to whether the application should be re-assessed and re-decided, rather matters concerning
     whether reasonable steps have been taken towards acting on the approval or otherwise there is
     sufficient reason for the need for the extension are relevant to the exercise of the discretion.

Need for the extension

Calile Malouf Investments Pty Ltd has entered in a contract for the acquisition of the Land and will be
proceeding with a development of the Land for a resort as contemplated by the development approval
and consistent with the aspirations of the Tourist Accommodation Zone.

The extension application, if granted, will enable Calile Malouf Investments Pty Ltd time to become the
registered owner of the Land and lodge a change application to facilitate changes to the approved plans
to achieve a five-star resort offering.

Calile Malouf Investments Pty Ltd is an experienced developer and hotelier and the Calile Hotel in James
Street, Brisbane is an example of the quality development that it delivers.

The current owner of the Land, CBD Settlers Cove Pty Ltd, has owned the Land since the development
approval was given. The Land is part of a larger land holding along Serenity Close owned by CBD Settlers
Cove Pty Ltd and it has delivered in stages a master planned concept since the development approval
was given. The Land represents effectively the final stage of the master planned concept.

Attachment 1 is aerial imagery which depicts how the current owner has been active in progressing the
master plan development in surrounding areas. While the Land has been developed under separate
approvals, that development progression is obvious and ongoing and the Land represents the final part
of the concept.

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Considerations

Attachment 2 is a reconciliation completed comparing the provisions of the superseded planning
scheme against which the development approval was assessed and decided and the current assessment
benchmarks in the Noosa Plan 2020.

There has been no change to development intent for the Land since the Development Approval was
given. While the Noosa Plan 2020 has since taken effect, the planning scheme includes the land within
the Tourist Accommodation Zone, with the purpose of the zone to provide for short-term
accommodation, consistent with the existing approval. Performance outcome PO7 of the Tourist
Accommodation zone code further reinforces this specific outcome and development intent for the site.

What that reconciliation demonstrates, is that there is a high degree of consistency between the
assessment benchmarks in both the superseded and existing schemes, which is a strong factor
supporting approval of the extension application.

Conclusion

The extension application should be approved:

1.   so that Calile Malouf Investments Pty Ltd, who intend to develop the Land for a five-star resort, can
     acquire the Land, have a short period to assess and decide the extent and nature of any changes to
     the Development Approval and time to make a change application. That period also provides for
     the Council to assess and decide any change application; and
2.   given the close co-relation between assessment benchmarks in effect when the Development
     Approval was given and when the change application is made.


Yours faithfully
PROJECT URBAN




Scott Sobey
DIRECTOR
Email: [email protected]