2019-09-16 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                               16 SEPTEMBER 2019


The proposed change to the staging of the development is inconsistent with the Purpose and
Overall Outcomes and Performance Outcomes of the Coastal Communities Local Plan Code as
the proposed staging does not provide certainty that a diversity of visitor accommodation type
and affordability in the local plan area will be achieved.
The purpose of the Tourist accommodation zone is to provide for short-term accommodation and
community uses, and small-scale services, facilities and infrastructure, to support short-term
accommodation and tourist attractions (s 6.3.4.2). Specific to the subject site Performance
Outcome PO8 seeks:
     Lot 77 SP231615, 215 David Low Way, Peregian Beach provides for a diversity of short-
     term accommodation types, including low-cost visitor accommodation, to cater for a range
     of visitor accommodation experiences.
The proposed change to the staging of the development is not consistent with this Performance
Outcome as it removes the low-cost visitor accommodation component from the first stage of the
development and fails to provide certainty that this accommodation type will be developed.
6.   NOTIFICATION
It is acknowledged that there is no requirement under the Planning Act 2016 for a Co-
Respondent to be notified of a proposed minor change to a court issued development approval.
However, in this instance the Co-Respondent was advised of the proposed change for courtesy
reasons given their significant involvement in the appeal.
The Co-Respondent has provided a written response which does not support the proposed
change on a number of grounds including:
   It is not a minor change;
   The construction issues were not raised in the court appeal; and
   The proposed staging of the development does not provide certainty that the motel units
     will be constructed and that the applicant may seek to change the development approval to
     remove the motel component.
A copy of the Co-Respondents written response is included as Attachment 1.

7.   CONSULTATION
7.1. Referral Agencies
The application was not required to be referred to any Referral Agencies:
7.2. Other Referrals
The application was forwarded to the following internal Council specialists:
   Environment Officer - Ecology
   Development Engineer

8.   CONCLUSION & REASONS FOR DECISION
The application seeks a pre-request response to a proposed change to an existing Development
Approval.
The proposed changes are considered to result in a ‘substantially different development’ and
therefore are not a minor change. Accordingly, a new application should be lodged with Council
and will require public notification. Furthermore the proposed changes are not consistent with the
Desired Environmental Outcomes and Overall Outcomes of Eastern Beaches Locality Code as
they fail to provide certainty as to the delivery of a range of visitor accommodation choices
including low cost visitor accommodation. The proposed change is similarly inconsistent with the
draft scheme. It is therefore recommended that the pre-request response not be supported.

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