05. Town Planning Report · MCU10/2127

 VIRIDIAN NOOSA - PROPOSAL REPORT




                    The relevant sections of the applicable Use Codes and Works Codes are included at
                    Appendix A – Town Planning Compliance Schedule.



   4.4.7            Defined Use
                    Section 2.11 of the Noosa Shire Council Planning Scheme provides a list of defined
                    land use activities. For the purposes of the planning scheme, the components of
                    the proposed development are defined as follows:-
                               “Multiple Housing (Type 4 Conventional)
                               Means the use of premises for dwelling units that do not fall within Multiple
                               housing Types 1, 2, 3, or 5. The use includes units, townhouses, flats,
                               apartments, villas and small dwelling units.
                               Visitor Accommodation (Type 4 Conventional)
                               Two or more dwelling units or accommodation units, for the purpose of
                               providing short-term visitor accommodation. The use may include common
                               recreation or dining facilities and includes an ancillary dwelling unit for onsite
                               manager. The use includes a guesthouse, visitor hostel, motel, resort and
                               serviced rooms, but does not include Visitor accommodation Type 1 Home
                               hosted or Type 3 Rural as separately defined.”

                    This application is lodged on the basis of Council’s contention that the existing
                    development is only able to be used on a short term basis. ‘Short term’ is not
                    defined in the planning scheme, which creates ambiguity as it is not known what
                    duration of stay would qualify as short term. Further, the limitation on the use of
                    the specified villas and penthouses creates inflexibility for owners and tenants, as
                    any stay longer than ‘short term’ in not lawful.

                    This application is therefore being made for both Multiple Housing (Type 4
                    Conventional) and Visitor Accommodation (Type 4 Conventional) to allow for short
                    term stays as well as semi- permanent and permanent occupation, thus preserving
                    the future flexibility of the residential use of the specified units in the development.



   4.4.8            Level of Assessment
                    Part 9, Divisions 5 and 11 of The Noosa Plan prescribe the levels of assessment for
                    assessable Material Changes of Use development in the Attached Housing Zone and
                    the Open Space Conservation Zone of the Noosa Heads Locality.

                    The proposed development is subject to Impact Assessment (Inconsistent Uses) in
                    accordance with Part 9, Divisions 5 and 11 of the planning scheme.

                    Part 13 of the planning scheme prescribes alternative levels of assessment for
                    development on land affected by the respective Overlays.        However, as the
                    Assessment Tables for the Attached Housing Zone and the Open Space
                    Conversation Zone make the proposed development Impact Assessable at first
                    instance and, in accordance with Section 2.6.4 of the planning scheme, Impact
                    Assessment prevails over Code Assessment and Self Assessment, the primary level
                    of assessment is not altered as a consequence of the land being affected by any of
                    the respective Overlays.




   HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS                                                                  26
   20-Dec-10 - 10BR087.R01.010.docx