2019-09-16 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                             16 SEPTEMBER 2019


      3.    The proposed development is for a scale and form of buildings which is incompatible
            with the informal beachside character of the Eastern Beaches Locality and is contrary
            to the Overall Outcomes of the Eastern Beaches Locality Code. Furthermore, the
            proposal is for multiple housing, a form of development which under the Planning
            scheme is limited to Sunshine Beach.
      4.    The proposed development ignores the Council’s long-held planning strategy
            whereby the site is to be retained for low-cost visitor accommodation.
      5.    The proposal presents an unacceptable development outcome with respect to
            adjoining properties in Rufous Street.
      6.    The development provides for an inadequate number of car parking spaces.
      7.    The application has not demonstrated sufficient planning or community need to justify
            setting aside the clear conflicts with the Noosa Plan.
      8.    The proposed works are contrary to the Natural Hazards Overlay Code as the risk
            from bushfire has not adequately been addressed and the layout may compromise
            the safety of people and property in the event of a bushfire.
      9.    The applicant has not sufficiently demonstrated that the development will not
            adversely impact upon the specialised habitat for threatened species through
            discharge of stormwater through the wetland areas of the National Park.
      10.   The application for the proposed works has not demonstrated compliance with State
            Planning Policy July 2017 Part E Biodiversity as impacts on matters of state
            significance have not been adequately addressed.
      11.   A number of properly made submissions have been received raising valid grounds of
            objection.
The applicant subsequently appealed the decision stating that the application should be
approved subject to reasonable and relevant conditions and that the respondent (Council) should
pay their costs of the appeal. At the Planning and Environment Committee Meeting on 12
December 2017 it was resolved to defend the appeal.
At the Ordinary Meeting on 18 October 2018, Council considered a Mayoral Minute regarding a
planning appeal in respect of a mixed use residential development at 215 David Low Way,
Peregian Beach. The Mayoral Minute advised of the trial proceedings and the applicant’s
proposed settlement offer to the submitter and Council principally agreeing to change the
development to 32 motel units and 20 visitor units consistent with the Noosa Plan’s strategic
intent for the site to support the tourism industry and provide for a range of visitor
accommodation choices in Noosa.
The settlement removed the previously proposed accommodation for permanent residents from
the site with amended plans effecting a redesign, reducing the overall number of units on site and
the development footprint to better fit with the low density character of Peregian Beach and
improve landscaping opportunities, setbacks and the development’s interface with surrounding
properties. Through the appeal, amended bushfire management, stormwater management and
acoustic measures were also addressed.
On the basis of these changes Council resolved to settle the appeal with a further report to be
presented to a future Council meeting for Council’s consideration, detailing a full set of conditions
for the proposed development and seeking Council’s agreement to finalise the appeal.
A set of conditions were provided to the appellant for their review and the appellant provided a
revised set of plans to meet the settlement agreement conditions. The conditions were drafted to
generally reflect and support the agreed development and ensure it would be undertaken in a
manner that would address the issues raised during the appeal and achieve an outcome for the
site consistent with the Noosa Plan requirements.



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