08/0176 - Accommodation Building and Multiple Dwelling (109 units) to be assessed against the Superseded Planning Scheme [As Published] · 132008.176

Proposal Report Proposed Material Change of Use of Premises Mukiple Dwelling ond Accommodation Building (Resort Hotel and Ancillary Facilities) ot

Applicant

Cnr Banksia Ave and Serenity Close Noosa Heads, described as part of Lot 603 on SP!88270 (proposed lots 10 and 11) Parish of
Weyba
CBD Settlers Cove Pry Ltd

6. Development Assessment

x

As indicated above, the application seeks a development permit a material change of use of premises
Multiple Dwelling and Accommodation Building (Resort Hotel and Ancillary Facilities) for the above
site.

6.1 Superseded Planning Scheme

The applicant seeks assessment of the proposal against the provisions of the Superseded Planning
Scheme, as the 2006 Noosa Plan has detrimentally affected the development potential of the site with
regard to plot ratio.

Under Section 5.4.2 of the Integrated Planning Act, an owner of an interest in land is entitled to be
paid reasonable compensation by a local government if—

(a) a change reduces the value of the interest; and
(b) a development application (superseded planning scheme) for a development permit relating
to the land has been made; and
(c) the application is assessed having regard to the planning scheme and planning scheme
policies in effect when the application was made; and
(d) the assessment manager, or, on appeal, the court—
(i) refuses the application; or
(ii) approves the application in part or subject to conditions or both in part and subject to
conditions.

A change to an interest in land means a change to the planning scheme or any planning scheme
policy affecting the land. An owner of an interest in land, means the owner at the time a change to
the planning scheme is made.

The Act details a number of limitations on where compensation may NOT be payable including where
the change:

5.4.4 (1)(c) is about the relationships between, the location of, or the physical characteristics
of buildings, works or lots, but the yield achievable is substantially the same as it would have
been before the change;
5.4.4 (1)(h) affects development that, had it happened under the superseded planning
scheme —
(i). would have led to significant risk to persons or property from natural processes
(including flooding, land slippage or erosion) and the risk can not have been
Significantly reduced by conditions attached to a development approval; or
(ii) would have caused serious and environmental harm as defined in the
Environmental Protection Act 1994, and the harm could not have been significantly
reduced by conditions attached to a development approval.

The Act defines Yield as:

5.4.4(2) Yield means:-
(a). for buildings and works — the gross floor area, or density of buildings or persons, or plot
ratio, achievable for premises;

Under the zoning maps to the SPS, the site was included in the Residential High Density zone which
provided a gross floor area (GFA) based on a maximum allowable population in persons of the site
multiplied by 40 and not to exceed 13,600m?. Advice from the Director of Planning indicated that this
maximum was to relate to any building on the site and not the entire development.

A maximum of 250 persons per hectare was detailed for the zone which provided a maximum
population of 592.5 persons for the site and a GFA of 23700m? under the SPS.

The Noosa Plan includes the site in the Attached Housing zone which provides conflicting provisions
relating to development in the zone. Outcome 12 states that Visitor Accommodation Type 4 is

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