2019-09-16 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                              16 SEPTEMBER 2019


At the Special Meeting on 5 June 2019 it was resolved to finalise the settlement of the appeal
generally in accordance with the conditions recommended. Condition 6 of the approval states:
     6.     The approved units must be used for short term visitors only. The approved units
            must not be occupied by persons for continuous occupation in excess of 90 days for
            each calendar year. A register of occupation must be kept by the body corporate and
            made available to Council upon request. The requirements of this condition must be
            included in the Community Management Statement for any body corporate for the
            subject site. If the development is to be staged the motel must be built in the
            first stage. (bold added).
The agreed conditions specifically included the requirement that if the development were to be
staged that the motel building must be constructed in Stage 1. This ensured that the motel
accommodation would be realised and was reflective of the staging proposed by the applicant at
the time. It is important to note that the applicant may construct both the dwelling units and the
motel building concurrently.
2.2. Site Description
The site is situated on the western side of David Low Way and the current title on which the
development is proposed is approximately 2.312 hectares in area.
A commercial development is sited within the south-eastern corner of the site which currently
accommodates an IGA supermarket and a number of smaller retail outlets.
2.3. Surrounding Land Uses
North      Peregian Beach Hotel, Rufous Street kindergarten, Rufous Street and reserve
South      Noosa National Park and Sandpiper Court
East       Peregian Beach Hotel, IGA (within same allotment) and David Low Way
West       Noosa National Park
3.   STAUTORY PROCESS
The applicant has requested a pre-request response to make a minor change to a development
approval under s78 of the Planning Act 2016. As the original approval was issued by the
Planning and Environment Court and properly made submissions were received, the court is the
assessment manager for subsequent ‘minor change’ applications. Council is an ‘affected entity’
and the court is required to seek comment from Council when considering a minor change
application. However, an applicant may seek a pre-request from an affected entity prior to
lodging the minor change application with the court.
Part of the criteria to determine whether an application is a minor change is to determine whether
the change would result in a substantially different development.
A change may be considered to result in a substantially different development if the proposed
change:
     (a)    involves a new use; or
     (b)    results in the application applying to a new parcel of land; or
     (c)    dramatically changes the built form in terms of scale, bulk and appearance; or
     (d)    changes the ability of the proposed development to operate as intended; or
     (e)    removes a component that is integral to the operation of the development; or
     (f)    significantly impacts on traffic flow and the transport network, such as increasing
            traffic to the site; or
     (g)    introduces new impacts or increase the severity of known impacts; or
     (h)    removes an incentive or offset component that would have balanced a negative
            impact of the development; or
     (i)    impacts on infrastructure provisions.

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