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
             23108861    The Retreat is largely a timber construction with aging elements which are requiring increasing investment       “The Retreat Beach Houses” is marketed online as an accommodation resort offering 1, 2 or 3 bedroom
                         to maintain. A redevelopment (whatever that means) is a possibility which the existing owners cannot             beach houses. In addition to the on-site manager’s residence, Council records suggest 4 other houses
 5807779                 discount in so far as owners may be forced to consider a redesign with more enduring construction. While         are principal places of residence. The property has lawful use rights for both short term accommodation
                         this would be a number of years away and require full owners agreement, the owners should not be faced           and permanent occupancy (which is not limited to 90 days).
 5808292                 with a severe zoning impediment effecting existing owner occupiers nor those who have planned for such           Regardless of the proposed change in zone to Tourist Accommodation zone, properties continue to have
 and                     a use.                                                                                                           lawful use right for short term accommodation and permanent occupancy, that can continue.
 5808301                 Limiting future occupancy to tourist use or a maximum of 3 months is a contravention of my rights as an          Permanent occupancy of the property is not limited to 90 days and the proposed Tourist Accommodation
                         intending future permanent resident and will dramatically compromise valuations into the future being            zone does not limit the use of dwellings to 90 days.
 5808296
                         handcuffed by a Tourist zoning.
 and                                                                                                                                      Under the proposed amendments, short term accommodation is proposed to be an inconsistent use in
 5808304                 Fact sheet No.5, in the section titled “Medium Density Residential Zone proposed to be rezoned to Tourist        the Medium Density zone.
                         Accommodation Zone” it is stated, in the absence of clear, verified evidence, that “there is no further
 5808495                 development potential” for The Retreat site. We don’t believe this is a reasonable assumption. It is quite       Notwithstanding the current approval on the site, should the site remain in the Medium Density Residential
                         feasible for the owners of the free standing, strata titled properties on The Retreat site to agree to sell      zone and the site or individual properties wish to develop in the future, short term accommodation would
 5808528                                                                                                                                  be an inconsistent use.
                         their holdings to a single third party affording potential to redevelop the entire site. If Council proceeds
 5808594                 with the proposed rezoning, the ability for such third party to construct residential houses or units will be    Multiple dwellings and short-term accommodation both continue to be consistent uses in the Tourist
                         removed. This will significantly devalue the property, as it seems that it leaves only one option for            Accommodation under the proposed amendments.
             23109019    redevelopment – that being Tourist Accommodation - instead of two. Furthermore, even if the property is          Therefore, in response to submissions and request for flexibility in the future, the Tourist Accommodation
             23132019    redeveloped as Tourist Accommodation, the owners will not be able to stay in their units/houses for more         zone is considered the most appropriate zone for the site as it provides flexibility for both continued short-
                         than 90 days per year. This is potentially a confiscation of the value of owner’s property by Council            term accommodation or permanent occupancy and multiple dwellings, should the site or any individual
 5829800                 without compensation.                                                                                            properties want to redevelop.
                         There are only a maximum of 20 available units on The Retreat site (1 being the manager’s residence) a
                         relatively small number in terms of the total units available for tourist accommodation in the Noosa Shire.
                         The number of tourist units currently available at The Retreat is actually significantly less than 20 as a
                         number of owners reserve their houses for personal use only, never renting them out. Therefore, the
                         rezoning will have very little impact on the number of additional accommodation sites available for tourists,
                         while disenfranchising owners of Retreat units.
                         We respectfully request that Council not proceed with the proposed rezoning of The Retreat, and leave
                         the classification as it currently stands and has stood for the last 30 years."
                         At The Retreat there is currently a mix of property uses, some occupied permanently by live in owners,
                         some permanently in the letting pool, some both in the letting pool and used for varying periods of time
                         by owners that can be longer than 90 days per year and some not in the letting pool and used exclusively
                         by owners for varying periods of time. As owners we believe that the current zoning of medium density
                         housing has been working well for all owners for nearly 30 years and there is no need to change the
                         zoning
                         If the proposed change of zoning were to occur, the concern is once the zoning change occurs and it is
                         zoned short term tourist accommodation and any development changes occur to the property the short
                         term tourist accommodation conditions will apply to the site e.g. owners can only stay for up to 90 days
                         per year. This will devalue the properties as they will be unable to be sold to any buyer who intends to
                         stay at the property for in excess of 90 days per year.
                         As the present zoning has served the required use of ownership of both previous and present owners
                         well, with its mix of uses of their properties for nearly 30 years, we see no benefit at all in rezoning our
                         property.
                         The proposed change to the zoning as indicated on the Council maps, indicates that all properties on the
                         eastern side of the David Low Way from The Retreat south to the Peregian Esplanade will be rezoned.
                         The greater majority of this area is covered by both The Retreat and the Glen Eden accommodation. Both
                         of these properties have a mix of uses by current owners.
                         At The Retreat and Glen Eden there is currently a mix of property uses, some occupied permanently by
                         live in owners, some permanently in the letting pool, some both in the letting pool and used for varying
                         periods of time by owners that can be longer than 90 days per year and some not in the letting pool and
                         used exclusively by owners for varying periods of time. As owners we believe that the current zoning of
                         medium density housing has been working well for all owners for nearly 30 years and there is no need to
                         change the zoning.
                         Although there are 21 total units, by recent Qld legislation it has actually been made easier) by requiring
                         only 75% of the owners to agree to sell in order to have the remaining owners also sell their units. Indeed,
                         many could conceivably wish to do so on the basis of converting their existing rights to live on site (without
                         the 90 day restriction of the Tourist Zone) to a similar right in any completed development which would
                         be rendered a non-compliant by Council's proposal to change the Zone. Under the current zoning, the
                         third party could construct either residential or tourist type accommodation. If Council proceeds with the
                         proposed rezoning, the ability for such third party to construct residential houses or units will be removed.
                         Additionally Tourist Accommodation allows for 2 levels where the Medium Density Residential Zone may
                         allow for greater height.
                         There is no question that the proposed Amendment will devalue the property, as it leaves only one option
                         for redevelopment – being Tourist Accommodation - instead of two plus likely lesser yield. All owners
                         including ourselves have purchased our properties with a calculation of value based on the current zoning.
                         Council seeks to now devalue our Property whilst randomly uplifting others.

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