05. Town Planning Report · MCU10/2127

 VIRIDIAN NOOSA - PROPOSAL REPORT




   6.               Sufficient Grounds To Justify Conflict

   6.1              Compliance with the Applicable Codes
                    The Sustainable Planning Act 2009, at Section 326, requires that an assessment
                    manager’s decision must not conflict with a relevant instrument and an application
                    must be refused if it conflicts with the planning scheme, unless:-
                    (a)      the conflict is necessary to ensure the decision complies with a State planning
                             regulatory provision; or
                    (b)      there are sufficient grounds to justify the decision, despite the conflict; or

                    (c)      the conflict arises because of a conflict between—

                             (i)     2 or more relevant instruments of the same type, and the decision best
                                     achieves the purposes of the instruments; or
                             (ii)    2 or more aspects of any 1 relevant instrument, and the decision best
                                     achieves the purposes of the instrument.

                    The following sections present sufficient planning grounds to justify the approval of
                    the development application, despite the minor conflict with the statutory planning
                    framework identified in the previous chapter of this Report.

   6.2              Planning Grounds
                    1.       The subject site remains a themed, integrated resort development

                             The proposed development does not physically change the built form of the
                             Resort or involve any works to give effect to the use. Architecturally, the
                             buildings within the Resort remain unchanged by the proposed development.
                             There is no differentiation in form between the units in the letting pool of the
                             Resort and the 38 dwelling units which are proposed to be used on a short
                             term, semi-permanent or permanent basis. While the specified resort villas
                             and penthouses are self contained and do not depend on resort operations,
                             they are wholly integrated within the Resort, sharing site access.

                             There is no visual change to the Resort development in any respect. The
                             subject site retains the look, feel and function of an integrated resort
                             development.      In terms of its design and operation, the proposed
                             development will continue to function and will be highly distinguishable as a
                             resort rather than a residential development. While there are a number of
                             strata-titled developments in Noosa which comprise a mix of short term,
                             semi-permanent and permanent occupancy, the Viridian Noosa development
                             will continue to be highly distinguishable as a resort, particularly as the
                             Resort is branded, managed and operated by Outrigger Hotels & Resorts,
                             thus ensuring that the theme is carried through the development in all
                             aspects of its management and operation.




   HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS                                                            30
   20-Dec-10 - 10BR087.R01.010.docx