NOOSA PLAN 2020 PROPOSED AMENDMENT NO. 2 - POST PUBLIC NOTIFICATION FOR FINAL STATE GOVERNMENT MINISTERIAL APPROVAL · Attachment 1 Table of submissions

 Your Say    ECM         Submitter comments                                                                                               Response                                                                                                              Recommendation
 Reference   reference
                         preserving the environmental balance of the region. Rezoning to a residential area could disrupt this            It should be noted that the Medium Density Residential Zone has a maximum building height of 8 metres                 ▪ all proposed amendments
                         delicate ecological balance and lead to irreversible damage.                                                     and 2 storeys. Maximum site cover is generally 40% and maximum plot ratio 0.4:1. None of these exceed                   referencing the site be reverted
                         The proposed rezoning would negatively impact the views from existing residences in the area. Many               the current allowance.                                                                                                  to existing wording.
                         residents currently enjoy scenic views of the untouched natural surroundings. Changing the landscape             Notwithstanding the above, in response to other submissions regarding the proposed amendments, it is
                         to accommodate medium density residential buildings would not only ruin these views but also detract             recommended the site remain in its current Tourist Accommodation zone for the reasons outlined in the
                         from the peaceful ambiance that drew us to live here in the first place.                                         submission below.
                         It is important to consider whether there are alternative locations available for residential development.
                         Rezoning the resort area may not be the only option for meeting housing demands in the area. Exploring
                         other free areas that are not as ecologically sensitive and that are already vacant could be a more viable
                         solution that satisfies both housing needs and environmental protection. In addition, the resort is
                         currently operating successfully as is the infrastructure around the resort. If this was to change the traffic
                         in the area would dramatically increase causing further distress to existing residence.
             2307487     Noosa Lakes Resort was built as motel style accommodation for tourists. The landscaping and building             3 Hilton Terrace, Tewantin - Noosa Lakes Resort was rezoned to Special Facilities (Integrated Residential
             and         forms suit this kind of use. All the ‘units’ share 3 pools on site. Pools, buildings, and all garden areas       Development and Ancillary Facility) in 1997. A Town Planning Consent Permit was issued on 4 March 1998
             23109090    are managed by the resort manager employed by the body corporate.                                                and amended on 8 April 1998. The permit was for resort, indoor entertainment/function room (conference
             and         There are 95 ‘units’ in the resort. 1 of these is a commercial/retail building. The other 94 are units which     centre) and ancillary facilities (multiple dwelling of 94 units and accommodation building of 94 units).
             23074878    are split horizontally to accommodate tourists and short stays in three ways, downstairs or upstairs or          Each of the 94 rateable residential properties consists of a dual key unit with a 1 bedroom unit upstairs and
 5774350                 both together. Each unit can accommodate two stays and so the overall maximum accommodation                      a downstairs motel style studio. Therefore, accommodation offered by the resort could be either
                         Noosa Lakes Resort can provide is 188.                                                                           ▪ a motel style studio
             23080104    Half of the accommodation in each of the 94 units can also facilitate permanent residents as each                ▪ a 1 bedroom self-contained apartment or,
             23089120    upstairs has a full kitchen. Each downstairs cannot be used in this way as there is no kitchen and no
                         fire separation between upstairs and downstairs. The units were not built to allow for living downstairs.        ▪ in combination, a 2 bedroom self-contained townhouse
             23095560    So as permanent residences there are only 94 possibilities.                                                      The ground floor accommodation units are not self-contained dwellings as per the definition in the Planning
             23108806    Both upstairs and downstairs share a combined laundry area and entrance way. Car parking is by                   Regulation 2017 or NP2020. In isolation the downstairs studio units have no facilities for washing clothes
                         carport in front of property.                                                                                    and no food preparation facilities. Further, given there is no fire separation between the lower level studio
             23109473                                                                                                                     and the balance of the unit, installation of kitchen facilities in the ground floor units is a development offence.
                         There is no private land for residents use that is accessible from the living areas, or able to be used as       In February 2014 there was a specific Court order reiterating this.
             23095558    private garden.
                                                                                                                                          There are a wide range of cafes, takeaways and restaurants within 200 metres of the site, hence visitors
             23108862    Currently the Resort has a mix of users: permanent residents (owners or long-term tenant), tourist               are well catered for however this is unlikely to be sustainable for permanent residents.
                         accommodation via the resort management, and short stay accommodation via short stay platforms like
             23108803    AirBnB.                                                                                                          The extensive resort pools, shared recreation amenities and tropical landscaping influence the body
                                                                                                                                          corporate fees and affect the affordability of the complex. Dwellings lack private open space other than their
             23108804    Many of the owners live upstairs and holiday let out the downstairs studio unit, however from a Noosa            balconies.
                         Council Rates perspective the Lot would be Principal Place of Residence.
             23109478                                                                                                                     It is noted that at times the lower level studios have been occupied by longer term tenants or by owners,
                         54% are holiday let, leaving 46% as permanent. However this figure of 46% could be lower as some of              however they are not lawful dwellings on their own. Council should not be seen as encouraging permanent
             23110730    the units are not under resort management or knowledge, and we believe are being holiday let as well.            occupation in contravention of the court order.
                         If rezoned to Medium Density the number of residences that may be available are 94 – as each unit can            While the Noosa Plan 2006 included Noosa Lakes Resort in the Attached Housing zone, NP2006 Multiple
             23109306
                         only be used as one residence (upstairs and downstairs combined). So we are halving the potential                Housing was specifically inconsistent on this site whereas Visitor accommodation was specifically
             23108858    number of residences that can be accommodated by this site. To create the same number of 188                     consistent. The NP2006 stated “Substantial resort sites are protected for Visitor accommodation Type 4
                         possible accommodations - each owner would have to, at considerable expense, modify their unit to                including Noosa Lakes Resort, 1-3 Hilton Terrace on Plans SP115731, SP115743 and SP118002.”
             23109609    allow for separate residences by fire separating the upstairs and downstairs, incorporating laundry
                         facilities to each floor and any other modifications needed. Not a likely scenario that all 94 owners would      During the 2016-2018 planning scheme review, sites that were approved for visitor accommodation only
             23109290                                                                                                                     were proposed to be included in the Tourist Accommodation zone. The 2017 Housing Needs Assessment
             and         or could do.
                                                                                                                                          investigated the issue of permanent residents living within established resorts and spoke to the operator of
             23109186    The zone change by Council not considering the previous 30 years of this site (was a motel before                Noosa Lakes Resort. It was indicated that of the total 188 units, approximately half were occupied by
                         Noosa Lakes Resort) essentially dooms the site to forever remain without any redevelopment or                    permanent residents and half were available in the holiday letting pool. Council considered Noosa Lakes
             23109018    improvement as there is no benefit of redevelopment to a unit owner who has their investment for holiday         Resort at length because it was such a mix of visitor and resident accommodation. At the time there was
             23109125    purposes if it is rebuilt as a site for permanent occupation. Redevelopment of a strata scheme requires          an onsite conference/convention centre reliant on a quantum of visitor accommodation; it has since been
                         almost 100% approval from all Owners to redevelop a site. At least under the previous zoning there was           converted to a restaurant, surf museum, rehabilitation clinic and commercial offices.
             23108800    a multi-purpose ability for the scheme.
                                                                                                                                          Several submissions were received from residents objecting to its inclusion in the Tourist Accommodation
             23121621    With 95 owners within Noosa Lakes Resort it is extremely unlikely that all or even a majority of owners          Zone during 2019 consultation period however Council decided on weight to included it in the tourist
                         would agree to a complete redevelopment of the site. Each owner can improve the interiors of their unit          Accommodation zone, because not only was it designed as visitor accommodation rather than housing, but
             23147351    gradually but not renovate the exterior. Just renovation of each unit is not going to meet Medium Density        it was offering shorter term accommodation for tourists and itinerant workers at a different location and
                         criteria. Only if there was a catastrophic event and the resort was beyond repair and needing to be              different price point to much of the balance of the accommodation market.
             23109088    rebuilt could the option of creating medium density housing exist. But could the same number of 188
                         residences be accommodated on the site for the same cost that insurance currently covers the units?              Aside from two tourist parks and limited rooms at the Royal Mail this is the only purpose-built visitor
             23109191                                                                                                                     accommodation in Tewantin. It is on a bus stop and provides convenient access to the river ferry via which
                         The permanent occupation of the Studio units as a separate occupancy to the upstairs unit is not                 guests can access more congested parts of the coast.
             23109115
                         permitted. Any reference to affordability of Noosa Lakes is generally due to unit owners having disregard
                         to this ruling and renting their Studio apartment on a permanent basis. This has been occurring at the           Despite Noosa Lakes Resort having a high number of permanent residents, the complexity of the
             23098907                                                                                                                     development approval and dwelling unit configuration, which includes both permanent dwellings plus a
             and         site for many years. If Council enforced the ruling about permanent occupation of the Studio unit then
                         the short term letting proportion would be higher.                                                               short term rooming accommodation unit that cannot be permanent occupied, and the fact the site is unlikely
             23109610                                                                                                                     to redevelop in the short term, makes it reasonable to retain the site in its current Tourist Accommodation
                         What processes are in place to enforce this ruling as the number of short stay let units at the Resort           zone.
             23098887
                         would change dramatically if in fact the rules were being enforced and therefore the rationale around
                         number of permanent occupants at the Resort changes the argument.                                                It is therefore recommended Noosa Lakes remain in the Tourist Accommodation zone and owners continue
             23109496
                                                                                                                                          to live in or let out their units as they can as per their existing use rights.
 5808117     23109016


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Table of Submissions made regarding Noosa Plan 2020 Proposed Amendment No. 2, 2024