2019-09-30 Special Meeting Agenda

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which was subsequently withdrawn.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