2019-09-16 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                            16 SEPTEMBER 2019


RECOMMENDATION
That Council note the report by the Coordinator Planning to the General Committee Meeting
dated 16 September 2019 regarding Application No. MCU16/0153.01 and REC16/0041 for a Pre-
Request Response to Change Conditions of the Development Approval for 215 David Low Way,
Peregian Beach and:
A.    Advise the applicant that Council does not support the proposed changes to condition 2, 3,
      6, 37 and 66 and the deletion of condition 17 as:
      1.    The proposed change does not constitute a minor change under the Planning Act
            2016 as the changes would result in a substantially different development, as they
            would potentially:
            (i)    change the ability of the proposed development to operate as intended; and
            (ii)   remove (through its later and uncertain provision) a component that is integral
                   to the operation and development of the site.
      2.    The proposal is not consistent with the Environmental Outcomes of the Noosa Plan
            as the changes do not provide certainty that a range of visitor accommodation types
            will be provided.
      3.    The proposal is not consistent with the Eastern Beaches Locality Code as it would
            create no certainty about the delivery of the motel and would not optimise the site’s
            utilisation for short term visitor accommodation. There is relatively little commercial
            short term accommodation in Peregian Beach and the motel provides a reasonable
            alternative to the low cost accommodation intended for the site.
      4.    The proposal is not consistent with the draft Noosa Plan as the proposed staging
            does not provide certainty that a diversity of visitor accommodation types and
            affordability will be provided in Peregian Beach.
      5.    There are other opportunities to mitigate the potential construction impacts on the
            motel as opposed to delaying the development of the motel.
      6.    The funding requirements for the development are not a relevant consideration for
            planning matters and the proposed change to conditions.
B.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
1.    PROPOSAL
The application seeks a ‘pre-request response’ from Council to change a development approval
at 215 David Low Way Peregian Beach to allow the approved motel to be constructed last.
It is submitted by the applicant that….
      The basis behind the change to the staging is a result of construction constraints around
      delivering the Motel building in Stage 1. Should the Motel be constructed within Stage 1
      there will be considerable construction impacts associated with the construction of current
      Stage 2 in the furthest part of the site. This is due to access constraints and sequencing of
      site works, which will result in adverse impacts on the Motel. These construction impacts
      will negatively affect the operation and visitor attendance of the Motel and will undermine
      the viability of the project.
      Further to the construction impacts, the developments funding requirements dictate that the
      construction of the Accommodation Dwelling Units (19 x 3 + bedroom + 1 managers unit)
      must be done within Stage 1. The requirements for construction funding cannot be met if
      the Motel Building (10 x 2 bedroom + 22 x 1 bedroom) is constructed in Stage 1, as
      currently approved. It is noted that the applicant is committed to provide short term


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