Refused Decision Notice MCU19 0117 · MCU19/0117

Officer: 	Tara Norley
Direct Telephone: 	07 53296486
Our Reference:	MCU19/0117
Your Reference: 	N/A
25 August 2020
Teatree Property Pty Ltd TTE
C/- Pivotal Perspective Pty Ltd
4/59 Mary St
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir
Decision Notice
Planning Act 2016
I refer to your application and advise that on 20 August 2020, Council decided to refuse the application.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU19/0117
Street address:	Beach Road Holiday 500/90 Beach Road, Noosa North Shore
Real property description:	Lot 500 on SP215779
Planning Scheme:	The Noosa Plan (8 June 2018)
type of development
The application sought the following type of development approval:
Material Change of Use - Visitor Accommodation - Type 3 Rural
reasons for refusal
1.	The proposed development is not for Visitor Accommodation - Type 3 Rural as defined under the Noosa Plan because:
a)	a Detached house and Entertainment and Dining Business Type 2 Recreation, amusement & fitness are proposed on the site;
b)	alternatively a Detached house and an undefined use is proposed;
c)	the proposed lagoon/wave pool does not constitute an ‘ancillary use’; and
d)	the proposal does not have a direct connection with the environmental or scenic values of site.
2.	The proposed development is for:
a)	a Detached house, being an inconsistent use in the Visitor Mixed Use Zone under the Noosa North Shore Locality Plan and requiring impact assessment; and
b)	Entertainment and dining business - Type 2 Recreation, amusement & fitness, being an inconsistent use in the Visitor Mixed Use Zone under the Noosa North Shore Locality Plan and requiring impact assessment or
c)	Alternatively an undefined use requiring impact assessment.
3.	The proposal does not comply with the Strategic Framework and Community Vision or the Desired Environmental Outcomes of The Noosa Plan for visitor facilities and tourism in Noosa, as:
a)	the proposed accommodation does not support a range of accommodation styles on the Noosa North Shore, is limited to one dwelling unit and is likely to undermine the planning scheme’s strategy to limit visitor accommodation on the Noosa North Shore to key identified sites contrary to 1.7.8 c) of the Strategic Framework and 3.1.3 k) of the Desired Environmental Outcomes; and
b)	the proposed lagoon/wave pool is at odds with the natural setting, is not low key and does not facilitate education and interpretation of the natural environment, and instead relies on built infrastructure as the tourist attraction contrary to 1.7.8 d) of the Strategic Plan and 3.1.3 k) of the Desired Environmental Outcomes.
4.	The proposal does not comply with the Overall Outcomes a), e), g), h), r), s), u), and oo) and Specific Outcomes O1 and O9 of the Noosa North Shore Locality Code, as the proposal:
a)	is not directly related to recreational experiences offered in the locality, which are based around the area’s natural environment;
b)	is not consistent with maintaining the locality’s remote setting and undeveloped character being an area largely dedicated to conservation;
c)	is likely to adversely impact on the amenity of visitors and residents on the Noosa North Shore;
d)	is not secondary to its open space setting with a very low intensity and scale of operation;
e)	will undermine the ability of the North Shore to offer visitor accommodation;
f)	is likely to require a large number of water tankers to initially fill and continue to top up the wave pool which will impact on other ferry users and residents along the road access; and
g)	would result in significant adverse impacts on biodiversity, native vegetation, native fauna habitat, landscape quality, and ground water quality as a result of clearing, excavation and waste water disposal.
5.	The proposal does not comply with the Overall Outcomes a) and c) and Specific Outcomes O3, and O35 of the Visitor Accommodation Code, as the proposal:
a)	is not of a scale and nature complementary and respectful to its surroundings, has not been designed to integrate with the natural landscape setting and will result in adverse environmental impacts;
b)	is not compatible with and does not promote the natural environment.
6.	The proposal does not comply with the Overall Outcomes a), b) c), d) and g) and Specific Outcomes O1, O3, O4, O7, O8, O11, O14, O15, O16, O18 and O19 of the Biodiversity Overlay Code, as the proposal would result in significant adverse impacts on the natural environment as a result of:
a)	clearing of threatened species habitat of high value regrowth vegetation;
b)	the potential to pollute a wetland with high ecological values through waste water disposal.
7.	The development proposal is inconsistent with the 2020 Noosa Plan, in which the land is zoned tourist accommodation, the provisions of which seek to restrict the subject land for visitor accommodation and to preserve the amenity of the area and natural vegetation in a similar manner to the 2006 Noosa Plan.
8.	Since the time of lodgement of the development application the State mapping has been updated, the subject land being now mapped as a koala priority area and core koala habitat area in which development is prohibited under the Planning Regulation 2017 to the extent it interferes with koala habitat.
9.	There is no significant economic or town planning need for the proposed development.
10.	There are no discretionary matters which would warrant approval of the proposed development.
referral agencies
Not applicable
submissions
There were two properly made submissions about the application. In accordance with the Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Kerri Coyle
Manager Development Assessment

Enc:	List of Submitters
Appeal Rights

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

The Body Croporate, Beach Road Holiday Homes CTS37583	90 Beach Road Noosa North Shore Qld 4565 [email protected]
Peter Vollert (Lot 39)	46 Wentwoth Parade Balmoral QLD 4171 [email protected]

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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