2019-09-30 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                       30 SEPTEMBER 2019


Peregian Beach. The Mayoral Minute advised of the trial proceedings and the applicant’s proposed
settlement offer to the submitter and Council principally agreeing to change the development to 32
motel units and 20 visitor units consistent with the Noosa Plan’s strategic intent for the site to
support the tourism industry and provide for a range of visitor accommodation choices in Noosa.
The settlement removed the previously proposed accommodation for permanent residents from
the site with amended plans effecting a redesign, reducing the overall number of units on site and
the development footprint to better fit with the low density character of Peregian Beach and improve
landscaping opportunities, setbacks and the development’s interface with surrounding properties.
Through the appeal, amended bushfire management, stormwater management and acoustic
measures were also addressed.
On the basis of these changes Council resolved to settle the appeal with a further report to be
presented to a future Council meeting for Council’s consideration, detailing a full set of conditions
for the proposed development and seeking Council’s agreement to finalise the appeal.
A set of conditions were provided to the appellant for their review and the appellant provided a
revised set of plans to meet the settlement agreement conditions. The conditions were drafted to
generally reflect and support the agreed development and ensure it would be undertaken in a
manner that would address the issues raised during the appeal and achieve an outcome for the
site consistent with the Noosa Plan requirements.
At the Special Meeting on 5 June 2019 it was resolved to finalise the settlement of the appeal
generally in accordance with the conditions recommended. Condition 6 of the approval states:
      6.    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).
The agreed conditions specifically included the requirement that if the development were to be
staged that the motel building must be constructed in Stage 1. This ensured that the motel
accommodation would be realised and was reflective of the staging proposed by the applicant at
the time. It is important to note that the applicant may construct both the dwelling units and the
motel building concurrently.
On 29 August 2019 a pre-request response notice was lodged with Council by the applicant, a pre-
request response notice can be issued prior to the formal application to the Court. On 12
September 2019 the applicant decided not to proceed with this application instead deciding to
make their application to the Court.
2.2. Site Description
The site is situated on the western side of David Low Way and the current title on which the
development is proposed is approximately 2.312 hectares in area.
A commercial development is sited within the south-eastern corner of the site which currently
accommodates an IGA supermarket and a number of smaller retail outlets.
2.3. Surrounding Land Uses
 North     Peregian Beach Hotel, Rufous Street kindergarten, Rufous Street and reserve
 South     Noosa National Park and Sandpiper Court
 East      Peregian Beach Hotel, IGA (within same allotment) and David Low Way
 West      Noosa National Park




                                                                                       Page 7 of 17