FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE - BAR, FOOD AND DRINK OUTLET, OUTDOOR SPORT AND RECREATION, RESORT COMPLEX AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS (Referred from Planning & Environment Committee dated 7 November 2023 - Item 5.4) · ATTACHMENT 2 – Development Assessment Manager’s Report

The grounds of refusal resolved at the General Committee Meeting dated 17 July 2023 have been
reviewed by Council’s legal representatives and have been refined as follows:
1.   The proposed development has failed to demonstrate a significant planning need to develop
     outside of Noosa Plan 2020's urban boundary, particularly at the density and intensity
     proposed and where inconsistent with the local landscape character. Nor has any overriding
     community benefit been demonstrated, which would justify approval despite its conflict with
     the planning scheme.
2.   Many valid planning grounds have been raised by submitters that the proposal will result in
     an unacceptable impact on the amenity of the locality. Further, the development exceeds
     what a community member could reasonably expect because of the change to the Tourism
     Accommodation Zone when the Noosa Plan 2020 was advertised.
3.   The proposed development of the subject land is inappropriate, in circumstances where:
     a.    The proposed development seeks to develop land as a resort complex, in
           circumstances where part of that land is located outside of the urban growth boundary
           in Noosa Plan 2020;
     b.    The proponent seeks to utilise the land for Resort Complex, which is an inconsistent
           use in the Recreation and Open Space zone;
     c.    The proposed development is an overdevelopment of the land, at the expense of the
           natural values of the land and involves a reduction of land in the Recreation and Open
           Space zone;
     d.    The proposed development would result in the overdevelopment of the subject land, at
           the expense of its environmental values, as it is proposed that an area of existing open
           space be developed;
     e.    The proposed development would result in unacceptable clearing of vegetation in an
           ecologically important and environmentally sensitive area;
     f.    The built form and density of the proposed development is unacceptable;
     g.    The proposed development will involve unacceptable bushfire risk to people and
           property in circumstances where:
           i.     the development has not taken into consideration the impact on adjoining or
                  nearby residential communities and the capacity of SES to evacuate persons in
                  case of fire, and
           ii.    The development will unduly burden disaster management response or recovery
                  capacity and capabilities.
           In these respects, the proposed development is inconsistent with the following
           provisions of Noosa Plan 2020:
           i.     Strategic Framework – 3.2.2, 3.2.5, 3.3.2(g), 3.3.1(b) and 3.3.4(b)(p);
           ii.    Biodiversity, Waterways and Wetlands Overlay Code – 8.2.2.2(2)(a), (b) and (c),
                  Table 8.2.23 PO1, PO3, PO5 and PO12;
           iii.   Recreation and Open Space Zone Code – 6.6.1.2(2)(a)(c)(f)(g) and(s), Table
                  6.6.13 PO1, PO2, PO3, PO4, PO15, PO16, PO17, PO18, PO19 and PO38;
           iv.    Noosa Heads Local Plan Code – 7.2.5.2(2)(b), (e) and (f) Table 7.2.5.3 PO5,
                  PO26 and PO27;
           v.     Bushfire Hazard Overlay Code – 8.2.3.2(2)(b) and (e)
4.   It has not been demonstrated that the proposed development will not result in unacceptable
     acoustic impacts on the amenity of the locality, as the acoustic impacts of plant, equipment
     and services associated with the proposed development have not been identified but not
     adequately assessed nor have appropriate measures been proposed to address the
     identified impacts.




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