2019-09-16 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                            16 SEPTEMBER 2019


The proposed change has been reviewed by the consulting planning expert who Council
engaged for the appeal. The planning expert provided the following comments:
The proposed change to the staging would result in the removal of the motel building from Stage
1. Deferring the motel (visitor accommodation) to a later stage does not create certainty about
the timing of its delivery following Stage 1 and may affect the ability of the proposed development
to operate as intended. It is noted that in the Economic Need Joint Expert Report (JER) Justin
Ganly stated that the "proposed motel which will have a particular focus on its conferencing
facilities to help assist with viability" (p30). The Economic Need JER also noted:
   there is relatively little commercial accommodation provided within Peregian Beach
     (paragraph 112);
   It is evident that the seven properties – which would generally be regarded as small resorts
     or motels – are generally dated and small (paragraph 115); and
   there is some need for motel-style accommodation and related conference facilities,
     particularly given the site owner’s expertise with similar facilities elsewhere on the
     Sunshine Coast (paragraph 177).
Deferring the motel to a later stage with no certainty about the timing of its delivery following
Stage 1, may result in the removal of the component of the development which is integral to the
operation of the development.
... On the basis of the above assessment, it is considered that the proposal to change the
condition to delete the requirement that the motel building be constructed in the first stage has
the potential to at least arguably result in ‘substantially different’ development, as it would:
   potentially change the ability of the proposed development to operate as intended; and
     potentially remove (through its later and uncertain provision) a component that is integral to
     the operation of the development.
Accordingly, it is considered that the proposed change may not be a minor change but rather
represent an "other change" under the Planning Act 2016.
The comments of the planning expert are supported and it is considered that the application as
proposed results in a substantially different development and therefore does not constitute a
minor change. The proposed changes would therefore require a new application to be lodged
with Council and be publically notified for comment from the community.
4.   ASSESSMENT
It is the applicant’s position that dwelling units and motel building provide the same land use
outcome as the planning scheme definition of “Visitor Accommodation Type 4 Conventional” as
the definition does not differentiate between the two accommodation types. Whilst this is correct
the following provisions within the planning scheme are also relevant to the assessment of this
application.
Desired Environmental Outcomes
k)   TOURISM
     A tourism industry is developed and sustained by—
     iv.   offering visitors a range of experiences and accommodation types;
     xi.   retaining a range of visitor accommodation choices including camping grounds,
           caravan parks, backpacker hostels, hotels, motels, resorts, B&Bs, guesthouses and
           serviced apartments;
Overall Outcomes of Eastern Beaches Locality Code
     i.    Emphasis is placed on the protection and retention of low cost accommodation
           consistent with maintaining a diversity of accommodation types for visitors to the
           locality;

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