2019-09-30 Special Meeting Agenda

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.


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