Council Report - MCU18 0102 02 - Final Report [As Published] · MCU18/0102.02

               •      State Planning Policy;
               •      South East Queensland Regional Plan 2017;
               •      Planning Regulation 2017;
               •      Noosa Plan 2020.
               3.2. State and Other Statutory Instruments
               State Planning Policy
               Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
               SPP raises no further issues relevant to the proposed development.
               South East Queensland (SEQ) Regional Plan
               The site is located within the Urban Footprint of the SEQ Regional Plan. The proposed change is
               consistent with the regional policies of the SEQ Regional Plan.
               Planning Regulation 2017
               The proposal is for an urban activity within the Urban Footprint and is consistent with the
               assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
               3.3. Statutory Instruments – Planning Scheme
               The subject site is zoned District Centre and is situated within Precinct 1 – Mary Street/Thomas
               Street Health & Wellbeing Precinct and the Noosaville Local Plan area. The proposed Food and
               drink outlet is identified as an inconsistent use for the site under the precinct provisions that apply
               and is required to follow an impact assessment process.
               The proposed Other change must be assessed against the whole of Noosa Plan 2020 to the extent
               the provisions are relevant to the development.
               Condition 5
               5.     The approved accommodation units must be used for short term visitors only. The approved
                      units must not be occupied by persons for the purpose of permanent accommodation.
               The applicant seeks that this condition be deleted as they consider it is superfluous as the Decision
               Notice clearly states the use is only for Visitor Accommodation Type 4 Conventional.
               The original application was lodged under the Noosa Plan 2006 and Visitor Accommodation Type
               4 Conventional is defined as follows:




               While the condition may be seen as superfluous, given it is reflective of the approved use as stated
               in the Decision Notice, experience suggests that owners/operators continue to confuse this issue
               and offer properties for uses not permitted. It is therefore recommended that as the condition does
               not propose any further restriction than the use definition, it be maintained upfront in the conditions
               for clarity.
               Development Approval Type & Condition 8
               •      Development Permit for Material Change of Use of Premises (Visitor Accommodation Type
                      4 Conventional)



Document Set ID: 22542076
Version: 11, Version Date: 09/01/2024