2019-09-30 Special Meeting Agenda

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,

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