05. Town Planning Report · MCU10/2127

Background to Application

This Proposal Report accompanies an Impact Assessable Material Change of Use
application which seeks to allow for the occupation of 38 specified dwelling units
within the existing, approved Viridian Noosa development (“the Resort”) on a short
term, semi-permanent or permanent basis. The proposal the subject of this
application does not affect any other dwelling units in the Resort which may be
occupied only for short term accommodation.

On 19 April 2007 Noosa Shire Council (which now forms part of the Sunshine Coast
Regional Council) granted, subject to conditions, a Development Permit for Material
Change of Use for the following:

•   Visitor Accommodation – Type 4 Conventional (Resort);

•   Entertainment & Dining – Type 1 Food & Beverages (Conference Room and
    Restaurant);
•   Retail Business – Type 2 Shop & Salon (Shop); and

•   Commercial Business – Type 2 Medical (Health Spa),
by way of Negotiated Decision Notice over the subject site (“the development
approval”). The development approval gave effect to the Resort.
On 2 July 2009 Viridian Noosa Pty Ltd (“the Applicant”) made a request to change
the development approval, in part, to provide greater flexibility for unit owners by
allowing for the occupation of a specified number of dwelling units on a short or
long term basis.

Sunshine Coast Regional Council decided the Applicant’s change request on or
about 18 November 2009 refusing any change to the condition of the development
approval which would allow for the occupation of a specified number of dwelling
units on a short and long term basis.

The decision of the Sunshine Coast Regional Council to refuse that part of the
Applicant’s change request is the subject of Appeal No. 57 of 2010 to the Planning
and Environment Court.

The Applicant understands that Sunshine Coast Regional Council interprets the use
definition ‘Visitor Accommodation – Type 4 Conventional’ as meaning
accommodation designed and used for visitors and does not allow for permanent or
semi-permanent occupation of the dwelling units. The Applicant disagrees with this
interpretation.

The Appeal has been adjourned with the agreement of the parties and left in
abeyance pending the assessment and determination by Council of the current
application.

This application seeks a Development Permit for a Material Change of Use for
Multiple Housing – Type 4 Conventional and Visitor Accommodation – Type 4