Appendix 3. Planning Report [As Published] · 132007.2399

M1806
Page 7 of 19
November, 2007



The Plan of Development also incorporates a Dwelling Unit Yield Schedule. The schedule details
permitted and permissible dwelling unit types for each precinct, unit yields and suggested gross
floor area limitations. It should, however, be noted that there is a portability provision within the
Schedule which states ‘notwithstanding the above, the Dwelling Unit Yield or GFA may be
transferred between precincts provided that prior Town Planning Consent approval of Council is
first obtained’. The portability provision has been implemented previously with respect to Precincts
B, C, D, E1 and E2. In recent times the implementation of the portability provision was endorsed
by a decision at the Planning and Environmental Court, StarCo Developments PTY LTD-v-Noosa
Shire Council [2002] QPELR 438.


4.0       THE PROPOSAL

4.1       Level of Assessment
The proposal seeks Council consent for a Development Permit for a Material Change of Use of
partly vacant land and partly golf course included within part of Lot 3 for residential purposes and a
realignment of the eighteenth hole and a staged Reconfiguration of a Lot comprising:
             o   Stage 1 – one (1) lot into two (2) lots
             o   Stage 2 – one (1) lot into twenty-seven (27) lots and one (1) common property lot
                 and the creation of an access easement.

The proposal is made under the Superseded Planning Scheme, which is identified as a
Transitional Planning Scheme. The level of assessment is determined in accordance with s6.1.29
of the Integrated Planning Act 1997 (“The Act”).

The proposal is over land included within a Special Facilities Zone which is the subject of a Plan of
Development.

We make reference to the Plan of Development attached at Appendix D of this report. More
specifically, we make reference to the provisions detailed under the Permissible Uses header for
Precinct H which currently includes the land proposed to contain the residential use. The Plan of
Development defines Permissible Uses for Precinct H as follows:

          “Any development extending from one Precinct in which it is a Permitted Use or
          Permissible Use into the adjacent area of an adjoining precinct where it is not a Permitted
          Use or Permissible Use.”

The concept of Permitted Uses and Permissible uses relates directly to the repealed Local
Government (Planning and Environment) Act and, in the terms of the current legislative, can be
translated to mean Code Assessable and Impact Assessable development respectively. The
proposed development:

      ƒ   is in Precinct H which adjoins all five (5) existing residential precincts;
      ƒ   is in an area which is adjacent to these existing residential precincts; and
      ƒ   extends the residential uses from the existing residential precincts into Precinct H.

Therefore, it is submitted that the proposal is deemed to be a Column 4 consistent use subject to
Impact Assessment. As a result, the Development Application is required to undergo Public
Notification in accordance with the Act.

Although within a precinct of the Plan of Development which provides for golf course and
associated uses, the proposed residential subdivision will not affect the existing golf course use as
it's current use is predominantly for growing palm trees on a temporary basis and is an "out of
bounds" area for golf players. As such, the current use of the land represents a very inefficient use