SARA_Information response

5, has the benefit of a development approval given on 14 October
2011? (“Development Approval”) by the Planning and Environment
Court for an accommodation building and multiple dwellings.

The Development Approval, given by the Court, remains extant but has
not, as yet, been acted upon.

The Development Approval was last changed on 9 February 2017. The
changed approval authorises a development permit for a material change
of use for a “Resort Development comprising Multiple Dwelling (109
Dwelling Units) and Accommodation Building (90 Accommodation Units}
and Ancillary Facilities".

Changes in the legislative and statutory framework since the Development
Approval was given

Since the Development Approval was given, there has been a range of
changes in the statutory and regulatory framework against which
applications are considered, assessed and decided.

Three significant changes are relevant.

First, the Noosa Plan 2020 took effect on 31 July 2020, replacing the
Noosa Plan 2006.

Secondly, whilst the Development Approval was assessed and decided
under the Sustainable Planning Act 2009, that legislation has now been
repealed and replaced by the Planning Act 2076, which permits changes
other than a minor change.

Third, on 7 February 2020, the Nature Conservation and Other Legislation
(Koala Protection) Amendment Regulation 2020 amended the Planning
Regulation 2077 to regulate development which interfered with koala
habitat areas.

Development Approvals and Changing Them
Notwithstanding that the Development Approval was originally given in
2011, it still has the force of law and can be acted upon while it is

extant, notwithstanding changes in the planning scheme.

Indeed, the Development Approval is taken to be an approval under the
Planning Act 2076.

? P&E Appeal No. 178 of 2010, noting the assessment manager was the Sunshine Coast
Regional Council.

0061 2867.D0CX