2019-09-30 Special Meeting Agenda

SPECIAL MEETING AGENDA   30 SEPTEMBER 2019




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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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