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2019-09-30 Special Meeting Agenda
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AGENDA
Special Meeting
Monday 30 September 2019
commencing at 1.00pm
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson,
Joe Jurisevic, Frank Pardon, Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
REPORTS
1 PLANNING AND ENVIRONMENT COURT APPEAL NO. 3387 OF 2019 TO CHANGE
DEVELOPMENT APPROVAL CONDITIONS AT 215 DAVID LOW WAY PEREGIAN
BEACH MCU16/0153 3
MEETING CLOSURE -
Page 2 of 17
Section 3
SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
REPORTS
1 PLANNING AND ENVIRONMENT COURT APPEAL NO. 3387 OF 2019 TO CHANGE
DEVELOPMENT APPROVAL CONDITIONS AT 215 DAVID LOW WAY PEREGIAN
Docum ent info rm ation
BEACH MCU16/0153
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/MCU16/0153
Attachments 1. Current Staging Plan
2. Proposed Staging Plan
3. Written response from Co-Respondent
4. Court Judgement (46 page attachment provided separately to this agenda)
APPLICATION DETAILS
Applicant Thomco No 2087 Pty Ltd
Proposal Change to Existing Approval
Lodged with Planning and 18 September 2019
Environment Court
Decision Due Date 9 October 2019
Number of Submissions 415 to original application
PROPERTY DETAILS
Property Address 215 David Low Way Peregian Beach Qld 4573
RP Description Lot 1 SP 286680
Land Area 2.312 hectares
Existing Use of Land Supermarket/speciality shops and vacant land
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Eastern Beaches
Zone Open Space Recreation Zone
Semi-Attached Housing
Overlays Natural Hazards Overlay – Bushfire hazard
Natural Hazards Overlay – High and Low Potential Acid Sulfate Soils
Assessment Type Minor Change to Approval
Page 3 of 17
Section 4
SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Special Meeting dated 30
September 2019 regarding an Originating Application to the Planning and Environment Court
(Appeal No 3387 of 2019) to Change Conditions of the Development Approval MCU16/0153 at
215 David Low Way, Peregian Beach and advise the Planning and Environment Court that Council
does not support the proposed changes to Condition 6 as:
1. The proposed change does not constitute a minor change under the Planning Act 2016 as
the changes would result in a substantially different development, as it would:
(i) change the ability of the proposed development to operate as intended;
(ii) delay and/or potentially remove a component that is integral to the development and
outcomes sought for the site by The Noosa Plan.
2. The proposal is not consistent with the Desired Environmental Outcomes of the Noosa Plan
as the changes do not provide certainty that a range of visitor accommodation types will be
provided.
3. The proposal is not consistent with the Eastern Beaches Locality Code as it does not optimise
the site’s utilisation for short term visitor accommodation and/or ensure the low cost visitor
accommodation needs are met for the area. There is relatively little commercial short term
accommodation in Peregian Beach and the motel provides a reasonable alternative to the
low cost accommodation intended for the site.
4. The proposal is not consistent with the draft Noosa Plan as the proposed staging removes
the motel component from the first stage and provides no certainty that a diversity of visitor
accommodation types and affordability will be provided on the site and in Peregian Beach.
REPORT
1. PROPOSAL
The applicant has made an Originating Application to the Planning and Environment Court to
change the Development Approval for 215 David Low Way, Peregian Beach to allow the approved
motel to be constructed last.
The documentation submitted to the court details the proposed changes to the Development
Approval as being:
(a) The replacement of the approved staging plan in which the staging is reversed, so that
the Dwelling Units comprise stage 1 and the Motel Units comprise stage 2; and
(b) Amending condition 6 to allow for the Dwelling Units to be built first.
Condition 6 states:
The approved units must be used for short term visitors only. The approved units must not
be occupied by persons for continuous occupation in excess of 90 days for each calendar
year. A register of occupation must be kept by the body corporate and made available to
Council upon request. The requirements of this condition must be included in the Community
Management Statement for any body corporate for the subject site. If the development is
to be staged the motel must be built in the first stage. (bold added)
A copy of the current and proposed staging plans are included as Attachments 1 and 2.
It is noted that were the Court to agree with the requested change, further consequential changes
would be required to the conditions to reflect the proposed change to the staging of the
development.
In summary, the process for a minor change application which is made to the Court is:
The application for the change is made to the Court as the responsible entity.
Page 4 of 17
Section 5
SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
Notice of the change application must be given to the Council as assessment manager (but
not the Co-Respondent).
Council then has 15 business days to give a Response Notice stating if it has no objection
or if it has an objection the reason for the objection.
If Council does provide a Response Notice, the matter will be processed in Court as if the
Council had no objection.
Applicant’s Grounds
It is noted that the application to the Court does not include grounds supporting the application.
Prior to the application to the Court the applicant submitted a pre-request response to Council
which was subsequently withdrawn. The pre-request response included the following grounds in
support of the application:
The basis behind the change to the staging is a result of construction constraints around
delivering the Motel building in Stage 1. Should the Motel be constructed within Stage 1 there
will be considerable construction impacts associated with the construction of current Stage
2 in the furthest part of the site. This is due to access constraints and sequencing of site
works, which will result in adverse impacts on the Motel. These construction impacts will
negatively affect the operation and visitor attendance of the Motel and will undermine the
viability of the project.
Further to the construction impacts, the developments funding requirements dictate that the
construction of the Accommodation Dwelling Units (19 x 3 + bedroom + 1 managers unit)
must be done within Stage 1. The requirements for construction funding cannot be met if the
Motel Building (10 x 2 bedroom + 22 x 1 bedroom) is constructed in Stage 1, as currently
approved. It is noted that the applicant is committed to provide short term accommodation
for the Peregian area as part of Stage 1, however without appropriate funding, construction
cannot commence in any form.
In addition to the construction and funding constraints outlined above, both the Visitor
Accommodation Type 4 Dwelling Units, as well as the Visitor Accommodation Type 4 Motel
Building, deliver the same land use outcome, being ‘Visitor Accommodation Type 4
Conventional’, which is defined under the planning scheme as follows:
“Two or more dwelling units or accommodation units, for the purpose of providing short-term
visitor accommodation. The use may include common recreation or dining facilities and
includes an ancillary dwelling unit for onsite manager. The use includes a guesthouse, visitor
hostel, motel, resort and serviced rooms, but does not include Visitor accommodation Type
1 Home hosted or Type 3 Rural as separately defined”.
It is noted that the above definition does not provide a distinction between a ‘Dwelling Unit’
and ‘Motel Building’ and therefore both components of the development provide the same
Short-term Visitor Accommodation in accordance with the definition. Due to the absence of
distinction between a ‘Dwelling Unit’ and ‘Motel Building’, there is no impact to Council or the
community in the delivery of the ‘Dwelling Units’ within Stage 1.
Further, consideration has also been given to the ‘New Noosa Plan’, with express purpose
to identify any land use restrictions on the site that would require the delivery of ‘Motel Style
Accommodation’. Under the New Noosa Plan, the site is located within the Tourism
Accommodation Zone. The purpose of the Tourism Accommodation Zone is to provide for
Short-term Accommodation, as well as Community Uses and Small-Scale Facilities and
Infrastructure to support Short-term Accommodation and Tourist Attractions.
In reviewing the Tourism Accommodation Zone Code as well as the Coastal Communities
Local Plan Code, there are no requirements to deliver ‘Motel Style Accommodation’, with
both the zone and local plan seeking the delivery of Short-term Accommodation (similar to
that associated with the development). It is noted that under the definition of Short-term
Page 5 of 17
Section 6
SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
Accommodation (New Noosa Plan) there is no distinction between ‘Dwelling Unit’ style
Accommodation and ‘Motel Building’ style accommodation.
In accordance with the above, the alteration of the developments staging to deliver the 19
Visitor Accommodation Type 4 Dwelling Units and Managers Unit within Stage 1, will ensure
the viability and delivery of the development, whilst mitigating amenity and operational
impacts that are present with the current development staging.
2. SITE DETAILS
2.1. Background
A report on this application for 26 dwelling units for permanent residency, 20 visitor dwelling units
and 12 permanent/visitor dwelling units at 215 David Low Way, Peregian Beach was originally
considered by Council at its Ordinary Meeting on 19 October 2017.
At the Ordinary Meeting Council resolved to refuse the application for the following reasons:
1. The proposal development is in conflict with the tourism objectives of the planning
scheme as set out in the:
(i) Desired Environmental Outcomes; and
(ii) Overall Outcomes for the Eastern Beaches Locality Code,
of the Noosa Plan.
2. The proposed development is an inconsistent use in the Open Space Recreation Zone.
3. The proposed development is for a scale and form of buildings which is incompatible
with the informal beachside character of the Eastern Beaches Locality and is contrary
to the Overall Outcomes of the Eastern Beaches Locality Code. Furthermore, the
proposal is for multiple housing, a form of development which under the Planning
scheme is limited to Sunshine Beach.
4. The proposed development ignores the Council’s long-held planning strategy whereby
the site is to be retained for low-cost visitor accommodation.
5. The proposal presents an unacceptable development outcome with respect to
adjoining properties in Rufous Street.
6. The development provides for an inadequate number of car parking spaces.
7. The application has not demonstrated sufficient planning or community need to justify
setting aside the clear conflicts with the Noosa Plan.
8. The proposed works are contrary to the Natural Hazards Overlay Code as the risk from
bushfire has not adequately been addressed and the layout may compromise the
safety of people and property in the event of a bushfire.
9. The applicant has not sufficiently demonstrated that the development will not adversely
impact upon the specialised habitat for threatened species through discharge of
stormwater through the wetland areas of the National Park.
10. The application for the proposed works has not demonstrated compliance with State
Planning Policy July 2017 Part E Biodiversity as impacts on matters of state
significance have not been adequately addressed.
11. A number of properly made submissions have been received raising valid grounds of
objection.
The applicant subsequently appealed the decision stating that the application should be approved
subject to reasonable and relevant conditions and that the respondent (Council) should pay their
costs of the appeal. At the Planning and Environment Committee Meeting on 12 December 2017
it was resolved to defend the appeal.
At the Ordinary Meeting on 18 October 2018, Council considered a Mayoral Minute regarding a
planning appeal in respect of a mixed use residential development at 215 David Low Way,
Page 6 of 17
Section 7
SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
Peregian Beach. The Mayoral Minute advised of the trial proceedings and the applicant’s proposed
settlement offer to the submitter and Council principally agreeing to change the development to 32
motel units and 20 visitor units consistent with the Noosa Plan’s strategic intent for the site to
support the tourism industry and provide for a range of visitor accommodation choices in Noosa.
The settlement removed the previously proposed accommodation for permanent residents from
the site with amended plans effecting a redesign, reducing the overall number of units on site and
the development footprint to better fit with the low density character of Peregian Beach and improve
landscaping opportunities, setbacks and the development’s interface with surrounding properties.
Through the appeal, amended bushfire management, stormwater management and acoustic
measures were also addressed.
On the basis of these changes Council resolved to settle the appeal with a further report to be
presented to a future Council meeting for Council’s consideration, detailing a full set of conditions
for the proposed development and seeking Council’s agreement to finalise the appeal.
A set of conditions were provided to the appellant for their review and the appellant provided a
revised set of plans to meet the settlement agreement conditions. The conditions were drafted to
generally reflect and support the agreed development and ensure it would be undertaken in a
manner that would address the issues raised during the appeal and achieve an outcome for the
site consistent with the Noosa Plan requirements.
At the Special Meeting on 5 June 2019 it was resolved to finalise the settlement of the appeal
generally in accordance with the conditions recommended. Condition 6 of the approval states:
6. The approved units must be used for short term visitors only. The approved units must
not be occupied by persons for continuous occupation in excess of 90 days for each
calendar year. A register of occupation must be kept by the body corporate and made
available to Council upon request. The requirements of this condition must be included
in the Community Management Statement for any body corporate for the subject site.
If the development is to be staged the motel must be built in the first stage. (bold
added).
The agreed conditions specifically included the requirement that if the development were to be
staged that the motel building must be constructed in Stage 1. This ensured that the motel
accommodation would be realised and was reflective of the staging proposed by the applicant at
the time. It is important to note that the applicant may construct both the dwelling units and the
motel building concurrently.
On 29 August 2019 a pre-request response notice was lodged with Council by the applicant, a pre-
request response notice can be issued prior to the formal application to the Court. On 12
September 2019 the applicant decided not to proceed with this application instead deciding to
make their application to the Court.
2.2. Site Description
The site is situated on the western side of David Low Way and the current title on which the
development is proposed is approximately 2.312 hectares in area.
A commercial development is sited within the south-eastern corner of the site which currently
accommodates an IGA supermarket and a number of smaller retail outlets.
2.3. Surrounding Land Uses
North Peregian Beach Hotel, Rufous Street kindergarten, Rufous Street and reserve
South Noosa National Park and Sandpiper Court
East Peregian Beach Hotel, IGA (within same allotment) and David Low Way
West Noosa National Park
Page 7 of 17
Section 8
SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
3. STAUTORY PROCESS
The applicant has made an Originating Application to the Planning and Environment Court to make
a minor change to a development approval under s78 of the Planning Act 2016. As the original
approval was issued by the Planning and Environment Court and properly made submissions were
received, the Court is the assessment manager for subsequent ‘minor change’ applications.
Council is an ‘affected entity’ and the Court is required to seek comment from Council when
considering a minor change application. However, an applicant may seek a pre-request from an
affected entity prior to lodging the minor change application with the Court.
Part of the criteria to determine whether an application is a minor change is to determine whether
the change would result in a substantially different development.
A change may be considered to result in a substantially different development if the proposed
change:
(a) involves a new use; or
(b) results in the application applying to a new parcel of land; or
(c) dramatically changes the built form in terms of scale, bulk and appearance; or
(d) changes the ability of the proposed development to operate as intended; or
(e) removes a component that is integral to the operation of the development; or
(f) significantly impacts on traffic flow and the transport network, such as increasing traffic
to the site; or
(g) introduces new impacts or increase the severity of known impacts; or
(h) removes an incentive or offset component that would have balanced a negative impact
of the development; or
(i) impacts on infrastructure provisions.
The proposed change has been reviewed by the consulting planning expert who Council engaged
for the appeal. The planning expert provided the following comments:
The proposed change to the staging would result in the removal of the motel building from
Stage 1. Deferring the motel (visitor accommodation) to a later stage does not create certainty
about the timing of its delivery following Stage 1 and may affect the ability of the proposed
development to operate as intended. It is noted that in the Economic Need Joint Expert Report
(JER) Justin Ganly stated that the "proposed motel which will have a particular focus on its
conferencing facilities to help assist with viability" (p30). The Economic Need JER also noted:
there is relatively little commercial accommodation provided within Peregian Beach
(paragraph 112);
It is evident that the seven properties – which would generally be regarded as small resorts
or motels – are generally dated and small (paragraph 115); and
there is some need for motel-style accommodation and related conference facilities,
particularly given the site owner’s expertise with similar facilities elsewhere on the Sunshine
Coast (paragraph 177).
Deferring the motel to a later stage with no certainty about the timing of its delivery following Stage
1, may result in the removal of the component of the development which is integral to the operation
of the development.
... On the basis of the above assessment, it is considered that the proposal to change the condition
to delete the requirement that the motel building be constructed in the first stage has the potential
to at least arguably result in ‘substantially different’ development, as it would:
potentially change the ability of the proposed development to operate as intended; and
potentially remove (through its later and uncertain provision) a component that is integral to
the operation of the development.
Accordingly, it is considered that the proposed change may not be a minor change but rather
represent an "other change" under the Planning Act 2016.
Page 8 of 17
Section 9
SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
The comments of the planning expert are supported and it is considered that the application as
proposed results in a substantially different development and therefore does not constitute a minor
change. The proposed changes would therefore require a new application to be lodged with
Council, it is likely that this would be an ‘other’ changes application. This application would be
determined by Council as opposed to the Planning and Environment Court and include public
notification for comment from the community. Assessment would be limited to the specific changes
sought by the application as opposed to the whole development.
4. ASSESSMENT
The following provisions within the planning scheme are relevant to the assessment of this
application.
Desired Environmental Outcomes
k) TOURISM
A tourism industry is developed and sustained by—
iv. offering visitors a range of experiences and accommodation types;
xi. retaining a range of visitor accommodation choices including camping grounds,
caravan parks, backpacker hostels, hotels, motels, resorts, B&Bs, guesthouses and
serviced apartments;
Overall Outcomes of Eastern Beaches Locality Code
i. Emphasis is placed on the protection and retention of low cost accommodation
consistent with maintaining a diversity of accommodation types for visitors to the
locality;
Specific Outcomes and Probable Solutions of the Open Space Recreation Zone
O75 The caravan park at Peregian Beach is protected and retained to provide for low cost Visitor
accommodation needs; AND
O76 Visitor accommodation Type 4 is provided only where it is integrated as part of the existing
caravan park use.
The locality code places emphasis on the protection and retention of low cost visitor
accommodation and also provides a specific density for the purpose of a visitor hostel for the
subject site.
The proposed change to the staging of the development conflicts with the above outcomes as it
does not ensure the motel will proceed, being the lower cost of the proposed visitor
accommodation. There is also a demonstrated need for the motel accommodation, but no
significant need for additional holiday homes with a number of houses in Peregian Beach let for
short term accommodation.
Council’s consulting planning expert advises:
Deferring the motel to a later stage would create no certainty about the timing of its delivery
following Stage 1 and would not optimise the site's utilisation for visitor accommodation. This
is not considered desirable as it would potentially affect the ability of the proposed
development to operate as intended. As noted in the Economic Need JER there is relatively
little commercial accommodation provided in the Peregian Beach area (paragraph 112) and
that of the properties located in this area, the small resorts or motels are generally dated and
small (paragraph 115).
It is noted that the applicant recently agreed to the proposed conditions and that the Court Order
was issued on 21 June 2019, approximately 2 months prior to this application being lodged. It is
also relevant to note that the applicant proposed this current staging.
Page 9 of 17
Section 10
SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
5. DRAFT PLANNING SCHEME
The Draft Noosa Plan which was released for public notification earlier this year includes the site
in the Coastal Communities Locality, with the site being zoned Tourist Accommodation and Local
Centre Zone. The approved development is located within the Tourist Accommodation Zone.
The Purpose and Overall Outcomes and Performance Outcomes of the Coastal Communities
Local Plan Code (7.2.6.2 and 7.2.6.3) includes:
(m) Sites identified for tourist accommodation are retained and developed for that use to
maintain a diversity and choice of housing and visitor accommodation and
affordability in the local plan area. Development for visitor accommodation may also
locate in residential zones around Sunshine Beach shops and generally east of David Low
Way where identified on the Short Stay Area Map * (included in Schedule 2).
* Note: the current second round of consultation on the significant changes to the draft New Noosa
Plan have proposed to remove the Short Stay Area Map, resulting in consequential changes
throughout the scheme that will delete reference to this map in the final scheme.
Visitor Facilities
P014 Development provides a diversity of types and styles of visitor accommodation to cater for a
range of visitor experiences in close proximity to key tourist areas.
The proposed change to the staging of the development is inconsistent with the Purpose and
Overall Outcomes and Performance Outcomes of the Coastal Communities Local Plan Code as
the proposed staging does not provide certainty that a diversity of visitor accommodation type and
affordability in the local plan area will be achieved.
The purpose of the Tourist accommodation zone is to provide for short-term accommodation and
community uses, and small-scale services, facilities and infrastructure, to support short-term
accommodation and tourist attractions (s 6.3.4.2). Specific to the subject site Performance
Outcome PO8 seeks:
Lot 77 SP231615, 215 David Low Way, Peregian Beach provides for a diversity of short-term
accommodation types, including low-cost visitor accommodation, to cater for a range of
visitor accommodation experiences.
The proposed change to the staging of the development is not consistent with this Performance
Outcome as it removes the low-cost visitor accommodation component from the first stage of the
development and fails to provide certainty that this accommodation type will be developed.
6. NOTIFICATION
It is acknowledged that there is no requirement under the Planning Act 2016 for a Co-Respondent
to be notified of a proposed minor change to a court issued development approval. However, in
this instance the Co-Respondent was advised of the initial pre-request response notice for courtesy
reasons given their significant involvement in the appeal.
The Co-Respondent has provided a written response to the documentation submitted with the
initial pre-request response notice. The Co-Respondents response does not support the proposed
change on a number of grounds including:
It is not a minor change;
The construction issues were not raised in the Court appeal; and
The proposed staging of the development does not provide certainty that the motel units will
be constructed and that the applicant may seek to change the development approval to
remove the motel component.
A copy of the Co-Respondents written response is included as Attachment 3.
Page 10 of 17
Section 11
SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
7. CONSULTATION
7.1. Referral Agencies
The application was not required to be referred to any Referral Agencies:
7.2. Other Referrals
The application was forwarded to the following internal Council specialists:
Environment Officer - Ecology
Development Engineer
8. CONCLUSION & REASONS FOR DECISION
The applicant has made an application to the Planning and Environment Court to change to an
existing Development Approval for 215 David Low Way, Peregian Beach.
The proposed changes are considered to result in a ‘substantially different development’ and
therefore are not a minor change. Accordingly, an application should be lodged with Council and
will require public notification. Furthermore the proposed changes are not consistent with the
Desired Environmental Outcomes and Overall Outcomes of Eastern Beaches Locality Code as
they fail to provide certainty as to the delivery of a range of visitor accommodation choices including
low cost visitor accommodation. The proposed change is similarly inconsistent with the draft
scheme. It is therefore recommended that the proposed change not be supported in the Planning
and Environment Court..
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 11 of 17
Section 12
SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
Attachment 1
Page 12 of 17
SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
Attachment 1
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Page 12 of 17Section 13
SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
Attachment 2
Page 13 of 17
SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
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Page 13 of 17Section 14
SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
Attachment 3
Page 14 of 17
SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
Attachment 3
Peregian Beach Community Association Inc.
By 1] peregiancommunity@emailcom - PBCALorg - P.0.Box 312, Peragian Beach Old. 4573
9 September 2019
The CEO,
Noosa Shire Council,
PO Box 141 Tewantin Qld 4565
ATT: Ms Kern Coyle
[email protected]
Dear Ms Coyle,
Thomco (No 2087) Pty Ltd v Noosa Shire Council and PBCAI
P & E Appeal No 4066 of 2017
Pre-Request Response
This letter relates to a request by Thomco to vary an Order by the Planning and
Environment Court made by Consent as recently as 21 June 2019.
BACKGROUND:
The Thomco proposal for the site, now approved, obviously is guided by the aim of
maximising the rate of return and not by resident/visitor amenity. The amenity would
have been improved by fewer dwellings and a smaller Motel, as suggested by
Council and PBCAI, but resisted by Thomco.
Thomco's priority has always been to build the dwellings for sale, preferably as
permanent accommodation, and the change to visitor accommodation was simply a
means to that end.
The fact that the dwellings are for short-term visitor accommodation is not being
clearly advertised, which may mislead purchasers seeking permanent
accommodation; and the dwelling density and high prices may also be deterring
COMPLIANCE WITH THE NOOSA PLAN:
As you are aware, the Noosa Plan required this land to remain for visitor
accommodation after the closure of the caravan park. The December 2016
application, which resulted in this appeal, was predominantly for permanent
accommodation in both the dwellings and the Motel. The land was also required to
provide low cost accommodation, but that was lost during the DA process.
The December 2016 application was for a Mote! consisting of partly permanent and
partly visitor accommodation, which was to be built as Stage 2. The majority of the
land was proposed to be used for 26 dwellings for permanent accommodation.
Page 14 of 17Section 15
SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
Page 15 of 17
SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
At the first mediation, which occurred in early 2017, PBCAI suggested that the Motel
should be built with priority and Thomco agreed for it to be built as Stage 1.
Subsequently, during the preparation of the evidence for the hearing of this matter,
Thomco agreed that all of the Motel would be for visitor accommodation which
removed another reason for the rejection of Thomco’s development application.
Thomco then used the fact that all of the Motel units were available for visitor
accommodation to submit that the dwellings, now reduced to 20, should be approved
for permanent accommodation.
Thomco only agreed on day 8 of the hearing to abandon its application for
permanent accommodation in the dwellings, which resulted in this matter settling.
Even after that settlement, Thomco again changed it plans before the settlement was
made an Order by the Court on 21 June 2019.
Thomco ever since the first application involving this land in 2007 has had a history
of constantly changing its plans, even after mediated agreements have been made
as Orders of the Court and of not complying with those agreements or Orders.
You will be aware that the dedication of the western portion of this land for
environmental purposes, agreed to in 2010 and made an Order of the Court and
subsequently a condition of the IGA approval, was not implemented by Thomco until
2018, and only after Council intervened.
THE STAGING ISSUE:
The Motel for short-term visitor accommodation was not opposed by PBCAI.
The Council, PBCAI and the community wants to ensure that the Motel is actually
built, despite its architectural and other limitations.
The Court Order made by Consent, requires the Motel to be built as Stage 1 to be
given prionty, but the Order would allow the Motel and the dwellings to be built
simultaneously. There is no requirement in the Order or the Conditions that the
development has to be staged. That is a matter for Thomco. The requirement that
the Motel is to be built as Stage 1 only arises if Thomco chooses to stage the
development.
It is stated in the documents submitted by Thomco to support its pre-request
response that it considers there to be no difference between short-term visitor
accommodation provided in the Mote! building and that provided in the Visitor
Accommodation Type 4 Dwellings. This is reinforced by the reference to the Tourism
Accommodation Zone Code in the new Noosa Plan and the statement that “there are
no requirements to deliver “Motel Style Accommodation’...”
PBCAI does not agree and is concerned, based on this statement, that Thomco is
wanting to resile from the June 2019 approval it obtained for this development which
requires it to build a Motel for short-term visitor accommodation. This statement
would suggest a possible future application, based on there being “no requirements
to deliver “Motel Style Accommodation" seeking to build more dwellings on the Motel
site.
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SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
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SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
PBCAI submits that there is a considerable difference between the short-term visitor
accommodation provided in a Motel and that provided by the dwellings which have
been approved for this development.
Firstly, the Motel units are one and two bedroom units. The dwellings are 3 and 4
bedroom dwellings and some are even being advertised as 5 bedroom dwellings.
Secondly, the price for a Motel unit would vary considerably from that for one of
these 3, 4 and 5 bedroom dwellings. The dwellings are advertised for sale from
$750,000 to $1,025,000. (Kamala from $750,000, Marram from $750,000, Wallum
from $915,000, Lily from $925,000 and Saltbush from $1,025,000) which would
suggest investors may require a rate of retum much higher than a Motel unit price.
Thirdly, Motel units are available by the night whereas 3, 4 and 5 bedroom dwellings
usually have a minimum number of nights, frequently exceeding 7. They frequently
require payment in advance and also payment of a security deposit.
THE CONSTRUCTION IMPACTS
The so called “Construction Impacts” of the dwellings on the operation of the Motel, if
completed in Stage 1, have not changed since Thomco agreed to the Motel being
given prionty in mid 2017. Giving the Motel priority removed one reason for the
rejection of Thomco's development application, as it gave certainty to the provision
of short-term visitor accommodation.
Thomco obviously did not want to raise any significance of the construction impacts
while it sought to have the rejection of its development application overturned by the
appeal.
Thomco was prepared to settle the appeal as recently as 21 June 2019 without any
reference to these newly raised “Construction Impacts”.
NOT A MINOR CHANGE UNDER SECTION 78
PBCAI submits that this approval requires Thomco to build the Motel with priority
(Stage 1) because of Council's and the community's need for the short-term visitor
accommodation provided by a Motel.
For Thomco to propose to vary this recent approval to firstly build the 20 by 3, 4 and
5 bedroom dwellings is a considerable change, not a “minor change”, from what was
approved.
PBCAI submits that the proposal to build the 20 by 3, 4 and 5 bedroom dwellings
first, without any guarantee that the short-term visitor accommodation provided by
the Mote! will be built requires public notification. Without the Motel, and the short-
term visitor accommodation this is a substantially different development. It is almost
the small lot housing development Thomco initially sought.
For Thomco to propose to build the 20 by 3, 4 and 5 bedroom dwellings first, without
providing any guarantee that it intends to build the Motel is disingenuous when it is
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Page 16 of 17Section 17
SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
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SPECIAL MEETING AGENDA 30 SEPTEMBER 2019
intimating in this request that there is no requirement for it to deliver “Motel Style
Accommodation”.
PBCAI submits that if Council proposes to support this request, it, at very least,
should require Thomco to lodge a $1,000,000 Security Bond as an irrevocable
guarantee that the Motel will be commenced by 1 September 2020 and completed
by 1 September 2021. If Thomco is not prepared to provide this Security Bond it will
provide evidence that, once again, Thomco has no intention of complying with a
Court Consent Order.
PBCAI requests that Council advise Thomco that it will not support this pre-request
response for the above reasons.
Yours Sincerely,
gee
<
Barry Cotterell,
President, PBCAI
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