05. Town Planning Report · MCU10/2127

 VIRIDIAN NOOSA - PROPOSAL REPORT




   7.               Recommendation

                    The Applicant’s proposal is for the occupation of 14 penthouses and 24 resort villas
                    units within the existing, approved Viridian Noosa development on a short term,
                    semi-permanent or permanent basis.

                    The proposed change of use of the subject villas and penthouses does not affect
                    any other dwelling units in the Resort which may be occupied only for short term
                    accommodation in accordance with the development approval for the Resort.

                    The proposal does not involve building work and does not require any modification
                    of the existing built form, services or infrastructure already provided on site. As
                    the proposal applies to already constructed villas and penthouses, no vegetation
                    clearing, landscaping or other operational works are required, which have not
                    already occurred under previous approvals.

                    According to Section 326 of the SPA:
                        “(1)     The assessment manager’s decision must not conflict with a relevant
                                 instrument 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 proposed development generally complies, and is consistent with the relevant
                    and applicable provisions of the statutory town planning framework, including the:-

                             
         Sustainable Planning Act 2009;

                             
         Sustainable Planning Regulation 2009;
                             
         South East Queensland Koala Conservation State Planning Regulatory
                                       Provisions

                             
         South East Queensland Regional Plan;

                             
         Noosa Shire Council Planning Scheme.
                    The extent of any inconsistency or conflict with the applicable planning scheme
                    provisions is limited to the proposed development being an inconsistent use for the
                    subject site as identified in Specific Outcome O40, Section 9.20 of the Specific
                    Outcome and Probable Solutions for the Attached Housing Zone (Division 18) of the




   HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS                                                                 35
   20-Dec-10 - 10BR087.R01.010.docx