2019-09-16 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                               16 SEPTEMBER 2019


      accommodation for the Peregian area as part of Stage 1, however without appropriate
      funding, construction cannot commence in any form.
      In addition to the construction and funding constraints outlined above, both the Visitor
      Accommodation Type 4 Dwelling Units, as well as the Visitor Accommodation Type 4 Motel
      Building, deliver the same land use outcome, being ‘Visitor Accommodation Type 4
      Conventional’, which is defined under the planning scheme as follows:
      “Two or more dwelling units or accommodation units, for the purpose of providing short-
      term visitor accommodation. The use may include common recreation or dining facilities
      and includes an ancillary dwelling unit for onsite manager. The use includes a guesthouse,
      visitor hostel, motel, resort and serviced rooms, but does not include Visitor
      accommodation Type 1 Home hosted or Type 3 Rural as separately defined”.
      It is noted that the above definition does not provide a distinction between a ‘Dwelling Unit’
      and ‘Motel Building’ and therefore both components of the development provide the same
      Short-term Visitor Accommodation in accordance with the definition. Due to the absence of
      distinction between a ‘Dwelling Unit’ and ‘Motel Building’, there is no impact to Council or
      the community in the delivery of the ‘Dwelling Units’ within Stage 1.
      Further, consideration has also been given to the ‘New Noosa Plan’, with express purpose
      to identify any land use restrictions on the site that would require the delivery of ‘Motel Style
      Accommodation’. Under the New Noosa Plan, the site is located within the Tourism
      Accommodation Zone. The purpose of the Tourism Accommodation Zone is to provide for
      Short-term Accommodation, as well as Community Uses and Small-Scale Facilities and
      Infrastructure to support Short-term Accommodation and Tourist Attractions.
      In reviewing the Tourism Accommodation Zone Code as well as the Coastal Communities
      Local Plan Code, there are no requirements to deliver ‘Motel Style Accommodation’, with
      both the zone and local plan seeking the delivery of Short-term Accommodation (similar to
      that associated with the development). It is noted that under the definition of Short-term
      Accommodation (New Noosa Plan) there is no distinction between ‘Dwelling Unit’ style
      Accommodation and ‘Motel Building’ style accommodation.
      In accordance with the above, the alteration of the developments staging to deliver the 19
      Visitor Accommodation Type 4 Dwelling Units and Managers Unit within Stage 1, will
      ensure the viability and delivery of the development, whilst mitigating amenity and
      operational impacts that are present with the current development staging.
The applicant has identified that the proposed change will require amendments to conditions 2, 3,
6, 37, 66 and the deletion of Condition 17.

2.    SITE DETAILS
2.1. Background
A report on this application for 26 dwelling units for permanent residency, 20 visitor dwelling units
and 12 permanent/visitor dwelling units at 215 David Low Way, Peregian Beach was originally
considered by Council at its Ordinary Meeting on 19 October 2017.
At the Ordinary Meeting Council resolved to refuse the application for the following reasons:
      1.    The proposal development is in conflict with the tourism objectives of the planning
            scheme as set out in the:
            (i)    Desired Environmental Outcomes; and
            (ii)   Overall Outcomes for the Eastern Beaches Locality Code,
                   of the Noosa Plan.
      2.    The proposed development is an inconsistent use in the Open Space Recreation
            Zone.


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