2019-09-30 Special Meeting Agenda

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.



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