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2019-09-30 Special Meeting Agenda

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SPECIAL MEETING AGENDA                                                       30 SEPTEMBER 2019


The comments of the planning expert are supported and it is considered that the application as
proposed results in a substantially different development and therefore does not constitute a minor
change. The proposed changes would therefore require a new application to be lodged with
Council, it is likely that this would be an ‘other’ changes application. This application would be
determined by Council as opposed to the Planning and Environment Court and include public
notification for comment from the community. Assessment would be limited to the specific changes
sought by the application as opposed to the whole development.

4.   ASSESSMENT
The following provisions within the planning scheme are relevant to the assessment of this
application.
Desired Environmental Outcomes
k)   TOURISM
     A tourism industry is developed and sustained by—
     iv.   offering visitors a range of experiences and accommodation types;
      xi.      retaining a range of visitor accommodation choices including camping grounds,
        caravan parks, backpacker hostels, hotels, motels, resorts, B&Bs, guesthouses and
        serviced apartments;
Overall Outcomes of Eastern Beaches Locality Code
     i.    Emphasis is placed on the protection and retention of low cost accommodation
           consistent with maintaining a diversity of accommodation types for visitors to the
           locality;
Specific Outcomes and Probable Solutions of the Open Space Recreation Zone
O75 The caravan park at Peregian Beach is protected and retained to provide for low cost Visitor
    accommodation needs; AND
O76 Visitor accommodation Type 4 is provided only where it is integrated as part of the existing
     caravan park use.
The locality code places emphasis on the protection and retention of low cost visitor
accommodation and also provides a specific density for the purpose of a visitor hostel for the
subject site.
The proposed change to the staging of the development conflicts with the above outcomes as it
does not ensure the motel will proceed, being the lower cost of the proposed visitor
accommodation. There is also a demonstrated need for the motel accommodation, but no
significant need for additional holiday homes with a number of houses in Peregian Beach let for
short term accommodation.
Council’s consulting planning expert advises:
     Deferring the motel to a later stage would create no certainty about the timing of its delivery
     following Stage 1 and would not optimise the site's utilisation for visitor accommodation. This
     is not considered desirable as it would potentially affect the ability of the proposed
     development to operate as intended. As noted in the Economic Need JER there is relatively
     little commercial accommodation provided in the Peregian Beach area (paragraph 112) and
     that of the properties located in this area, the small resorts or motels are generally dated and
     small (paragraph 115).
It is noted that the applicant recently agreed to the proposed conditions and that the Court Order
was issued on 21 June 2019, approximately 2 months prior to this application being lodged. It is
also relevant to note that the applicant proposed this current staging.




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