2019-09-16 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                             16 SEPTEMBER 2019


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 ever 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).
The application also identifies that the change to the staging is required due to construction
impacts and funding requirements. Funding requirements is not a valid planning ground to justify
variation of the original approval with the Planning Act specifically stating for impact assessable
applications the assessment must be carried out against the planning scheme, matters
prescribed by regulation and “may be carried out against any other relevant matter, other than a
person’s personal circumstances, financial or otherwise”. With regards to the construction
impacts it is noted that if the dwelling units and motel building were constructed concurrently the
construction impacts identified by the applicant would be mitigated. The potential construction
impacts on the motel may also be mitigated by amending the layout of the development.
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.
5.    DRAFT PLANNING SCHEME
The Draft Noosa Plan which was released for public notification earlier this year includes the site
in the Coastal Communities Locality, with the site being zoned Tourist Accommodation and Local
Centre Zone. The approved development is located within the Tourist Accommodation Zone.
The Purpose and Overall Outcomes and Performance Outcomes of the Coastal Communities
Local Plan Code (7.2.6.2 and 7.2.6.3) includes:
(m)   Sites identified for tourist accommodation are retained and developed for that use to
      maintain a diversity and choice of housing and visitor accommodation and
      affordability in the local plan area. Development for visitor accommodation may also
      locate in residential zones around Sunshine Beach shops and generally east of David Low
      Way where identified on the Short Stay Area Map (included in Schedule 2).
Visitor Facilities
      P014      Development provides a diversity of types and styles of visitor accommodation to
             cater for a range of visitor experiences in close proximity to key tourist areas.



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