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FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE - BAR, FOOD AND DRINK OUTLET, OUTDOOR SPORT AND RECREATION, RESORT COMPLEX AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS. · Report

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PLANNING & ENVIRONMENT COMMITTEE MEETING                                      7 NOVEMBER 2023


5.4     FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE -
        BAR, FOOD AND DRINK OUTLET, OUTDOOR SPORT AND RECREATION, RESORT
        COMPLEX AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS.


Author            Development Assessment Manager, Patrick Murphy
                  Development & Regulation Department
Index             ECM / Application / MCU21/0110
Attachments       1.   ATTACHMENT 1 – Proposed Conditions
                  2.   ATTACHMENT 2 – Development Assessment Manager’s Report
                  3.   ATTACHMENT 3 – Proposal Plans
                  4.   ATTACHMENT 4 – Applicant’s submission




EXECUTIVE SUMMARY
A report for this application was presented to Council at the Planning and Environment
Committee on 11 July 2023, the application seeks to develop a 106-room hotel on land within
Noosa Springs.


The report addressed a range of issues including the sites split zoning, the potential odour
impacts of the nearby sewage treatment plant, bushfire risk, ecology, carparking and built form.
The officer’s recommendation was to approve the application on the basis that the odour impacts
had been satisfactorily addressed and matters relating to bushfire, ecology, carparking and built
form had been suitably addressed.


The matter was referred to the General Committee Meeting dated 17 July 2023 at which time a
motion was put forward to refuse the application. The motion was successful, and the application
was recommended for refusal.


On 19 July the applicant stopped the decision-making period until 29 September 2023. As this
was done prior to the Ordinary Meeting of 20 July 2023 Council was not able to finalise a decision
on the application. The decision-making period recommenced on 29 September 2023.


The applicant has not amended the layout of the proposed development however has provided
several written submissions which have included an analysis of the submissions made during
the notification period, a letter from a solicitor reviewing the proposed grounds of refusal, and a
further letter from the applicant’s planning consultant seeking to justify grounds to support the
development.


The officer recommendation remains in support of the application, it is recommended that
condition 13 of the original recommendation, which required guests to be advised of the potential
for odour from the sewage treatment plant, be deleted.
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PLANNING & ENVIRONMENT COMMITTEE MEETING                                     7 NOVEMBER 2023



The grounds of refusal proposed at the General Committee on July 17 have been reviewed by
a planning solicitor. Accordingly, updated grounds of refusal are included in this report.


RECOMMENDATION
That Council note the Further Report by the Manager Development Assessment to the Planning
and Environment Committee Meeting dated 7 November 2023 regarding Application No.
MCU21/0110 for a Development Permit for a Material Change of Use – Bar, Food and Drink
Outlet, Outdoor Sport and Recreation and Resort Complex at 61 Noosa Springs Drive, Noosa
Heads and:
  A. Approve the application in accordance with the proposed conditions included in Attachment 1.
  B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

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