GENERAL COMMITTEE REPORT - 13 NOVEMBER 2023 · Committee to Council report

ORDINARY MEETING                                                               16 NOVEMBER 2023


That Council note the report by the Development Planner to the Planning & Environment Committee
Meeting dated 7 November 2023 regarding Application No. MCU22/0118 for a Development Permit
for Material Change of Use - Short-term accommodation, situated at 94 & 142 Noosa Dr, Noosa
Heads and:
A.      Refuse the application for the following reasons:
1. The proposed development has failed to demonstrate a significant planning need to develop
outside of Noosa Plan 2020's urban boundary, particularly at the density and height proposed and
is inconsistent with the local landscape character. No overriding community benefit been
demonstrated, which would justify approval despite its conflict with the planning scheme.
2. Valid planning grounds have been raised by submitters that the proposal will result in an
unacceptable impact on the biodiversity of the locality. Further, the development exceeds what a
community member could reasonably expect to be developed outside of the Urban Boundary and
within the Environmental Management and Conservation Zone.
3.      The proposed development of the subject land is inappropriate, in circumstances where:
(a) The proposed development seeks to expand the existing resort complex in circumstances
where part of that land is located outside of the urban boundary in Noosa Plan 2020;
(b) The proponent seeks to utilise the land for Short-term accommodation, which is an inconsistent
use in the Environmental Management and Conservation zone;
(c) The proposed development is an overdevelopment of the land at the expense of the natural
values of the land, as the proposal would result in unacceptable clearing of vegetation in an
ecologically important and environmentally sensitive area, including proposed development located
on mapped Areas of Biodiversity Significance, Matters of State Environmental Significance (MSES)
Environmental Values and Riparian Buffer Area under the Biodiversity, Waterways and Wetlands
Overlay and mapped Core Koala Habitat area;
(d) The stormwater treatment proposed is not of a sufficient size to achieve the water quality
objectives and protection of biodiversity areas required under the Water Quality and Drainage Code.
(e) The built form of the proposed development is unacceptable, being slightly over height in metres
in the Tourist Accommodation zone and substantially over height in metres and storeys in the
Environmental Management and Conservation zone.
In respect of the above, the proposed development is inconsistent with the following provisions of
Noosa Plan 2020:
(i)     Strategic Framework – 3.2.2, 3.2.5, 3.3.1(b) and 3.3.4(b)(p);
(ii) Biodiversity, Waterways and Wetlands Overlay Code – 8.2.2.2(2)(a), (b), (c), (d), (e), (f), (g),
(h) and (i) Table 8.2.23 PO1, PO3, PO6 and PO11;
(iii)    Water Quality and Drainage Code – 9.4.82(2)(a) and (b) and Table 9.4.8.3 PO6;
(iv) Noosa Heads Local Plan Code – Overall Outcomes (2)(b)(d)(e) and (ad) and Table 7.2.5.3
PO4, PO5, PO6 and PO26;
(v) Environmental Management and Conservation Zone Code – Overall Outcomes (2)(a) and (b),
Table 6.7.1.3 PO1, PO5, PO7, PO8, PO9, PO11 and PO13;
(vi) Tourist Accommodation Zone Code - Table 6.3.4.3 PO9 and PO10.
4. When read as a whole, the South East Queensland Regional Plan 2017 (SEQRP) does not lend
support to the proposed use of the land, as:
4.1. the SEQRP sets a long term, 50-year vision, establishing aspirations for the region up to 2067.
Given this, the timing and sequencing of urban development occurring within the Urban Footprint is
a finer grained detail, the planning for which is implemented through local government planning
schemes;