2019-12-11 SM Agenda - Item 1 - Attachment 1 DRAFT 20191202-Noosa Plan Consultation Report

 Submitter   Submission and Grounds of Submission                                                                                     Planners’ Response                                                                                        Recommendation
             facilities in this immediate locality, accommodating future community housing on the subject land is therefore
             a compelling proposition that is strongly aligned with the Strategic Framework and Strategic Intent of the Draft
             Noosa Plan.
             The identified proposed zoning over the entire site (being Community Facilities for the ‘specific purpose’ of
             ‘Utility Installation’) limits the greater potential of the site and (more vitally) serves to obstruct the delivery of
             alternative housing opportunities in the Noosa region.
             Requests the zone be changed for a portion of 32 Viewland Drive to be Community Facilities Zone, for the
             ‘specific purpose’ of ‘Retirement Facility & Residential Care Facility’
             Also requests amend Table 5.5.11 – (Community Facilities - Categories of development and assessment—
             Material Change of Use) to include ‘Community Residence’ with the inclusion of the following annotation:
             Code Assessment
             (a)    If located on Lot 1 RP2267280; and
             (b)    On a site specifically annotated for the ‘specific purpose’ of ‘Retirement Facility & Residential Care
                    Facility’ on a zone map included in schedule 2.




 20868153    In relation to “RACV Noosa” at 94 and 142 Noosa Drive Noosa Heads RACV seeks an amendment to the                         The 1986 rezoning of this property was for Resort Accommodation and Ancillary Facilities. The             That
             draft planning scheme to allow the subject land to be used for both permanent residential living and visitor             1997 Strategic Plan specifically sought to protect the site for visitor accommodation and resort
             accommodation.                                                                                                           development. The 2006 Planning Scheme also specified it as a resort site.                                 •      the real property description of 94 Noosa Drive be corrected where it is specifically
                                                                                                                                                                                                                                                       referenced in the scheme
             While the use of the land for tourist accommodation is supported, the removal of the ability of the land to be           It’s acknowledged that RACV Noosa successfully operates as a family friendly resort (on 94 Noosa
             used for any form of permanent residential living is not supported. It is acknowledged that the operation of             Drive, 203SP267424) providing much local employment and offering excellent guest facilities.              •      the maximum height provisions for Tourist Accommodation Zone at Table 6.3.4.3 be
             RACV Noosa at 94 Noosa Drive is currently providing tourist accommodation in association with other uses                                                                                                                                  corrected in terms of real property descriptions and street address to make clear that a
             and operates as a family friendly resort. This development provides substantial community benefit.                       While “The Enclave” is understood to be currently available through the resort booking it is                     2 storey and 8 metre height limit apply to all of Lot 3 SP126203, Lot 203 SP267424,
                                                                                                                                      appreciated these are all separately owned.                                                                      and any lots on SP203417 being 94 - 142 Noosa Drive
             The current development approval for the RACV Noosa Resort was obtained under a superseded planning
             scheme with the residential component being defined as multiple dwelling. This development approval                      There are existing use rights for all units within the resort, including “The Enclave” to be used for
             currently does not restrict the dwelling units from being used for permanent residential living, consistent with         permanent occupancy. The introduction of a new planning scheme will not affect these rights.
             the current Semi-Attached Housing Zoning. This is the case for all dwelling units other than the single                  Number 142 Noosa Drive (3SP126203) can proceed with the development application/approval
             bedroom units attached to the dual key units, which are to be used for visitor accommodation only, unless the            process already in train or take advantage of saving provisions in the Planning Act relating to
             entire dwelling unit is used for permanent living. The dwelling units located within the ‘enclave’ (Lot 0 on             superseded planning schemes. Otherwise it is also considered this site should remain in the Tourist
             203415) might, subject to market forces, be used for permanent living in the future.                                     Accommodation Zone as notified however it is not specifically listed in Table of Assessment 5.5.4
             Regardless of the commencement of the new planning scheme the land enjoys existing use rights; however,                  and Table 6.3.4.3 as being protected for visitor accommodation where multiple dwellings are
             the proposed new zoning does not reflect these use rights. This is with respect to the land being used for               inconsistent.
             either permanent residential living and or visitor accommodation under the current approval which is currently           Changes are needed however to correct the Real Property Description of 94 Noosa Parade which is
             reflected under the current Noosa Plan. Council should maintaining the existing use rights for multiple                  Lot 203 SP267424. This will be the only one of the 3 adjoining subject sites which will be specifically
             housing and visitor accommodation, with both of these uses being allowed under the current Noosa Plan.                   listed in Table of Assessment 5.5.4 and Table 6.3.4.3 as being protected for visitor accommodation
             142 Noosa Drive also has a current development approval which allows for 10 multiple dwellings, also                     where multiple dwellings are inconsistent.
             obtained under a superseded planning scheme. This approval allows the land to be used for either                         Changes are also needed to Table 6.3.4.3 where building height is specified for the Tourist
             permanent residential living and or visitor accommodation and maintains maximum flexibility with respect to              Accommodation Zone as all three of the resort site, the enclave and the vacant block at 142 need to
             residential uses that might be achieved. Visitor accommodation provides considerable community benefit to                accurately be referenced in terms of real property description.
             the local community, however the ability to maintain flexibility in residential land uses is also important
             consideration for the land owner. Having regard to the scale of development that could be achieved on this
             land, including consideration of the environmental values, unless the site is integrated with the RACV Noosa
             development it is highly unlikely that this land would be used for visitor accommodation in isolation. Existing
             use rights to use this land for multiple housing should be maintained under the New Noosa Plan.



Consultation Report - Consideration of Submissions on the New Noosa Plan                                                                                                                                                                                                                                                               Page 125