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FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE - RESORT COMPLEX AND ANCILLARY BAR, FOOD AND DRINK OUTLET, OUTDOOR SPORT AND RECREATION, AND CLUB (MINOR EXTENSION To EXISTING CLUBHOUSE) AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS · ATTACHMENT 2 - (MCU21/0110) - DEVELOPMENT ASSESSMENT MANAGER'S FURTHER REPORT
PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 11 JUNE 2024
ATTACHMENT 2 – DEVELOPMENT ASSESSMENT MANAGER’S FURTHER
REPORT
REPORT
A report was presented to Council at the Planning and Environment Committee on 11 July 2023
for a development application which seeks to develop a 106-room hotel on land within Noosa
Springs.
The report addressed a range of issues including the sites split zoning, the potential odour impacts
of the nearby sewage treatment plant, bushfire risk, ecology, carparking and built form. The
officer’s recommendation was to approve the application on the basis that the odour impacts had
been satisfactorily addressed and matters relating to bushfire, ecology, carparking and built form
had also been suitably addressed.
Three deputations were made at this meeting, the deputations were made by residents of Noosa
Springs, Unitywater and the applicant. Notably, Unitywater advised they were opposed to the
proposed development based on insufficient separation being provided to the existing sewage
treatment plant.
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The matter was referred to the General Committee Meeting dated 17 July 2023 at which time a
motion was put forward to refuse the application. The motion was successful, and the application
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was recommended for refusal. EN
On 19 July the applicant stopped the decision-making period until 29 September 2023. As this was
done prior to the Ordinary Meeting of 20 July 2023 Council was not able to finalise a decision on
the application. The decision-making period recommenced on 29 September 2023.
A Further Report was prepared for the Planning and Environment Committee meeting on 7
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November 2023, due to the significance of the matter was referred to the General Meeting of 13
November 2023.
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At that time the applicant had not amended the layout of the proposed development however
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provided several written submissions which included an analysis of the submissions made during
the notification period, a letter from a solicitor reviewing the proposed grounds of refusal, and a
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further letter from the applicant’s planning consultant seeking to justify grounds to support the
development.
The officer recommendation remained in support of the application, it was recommended that
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condition 13 of the original recommendation, which required guests to be advised of the potential
for odour from the sewage treatment plant, be deleted. At that time, the grounds of refusal proposed
at the General Committee on July 17, 2023, were reviewed by a planning solicitor. Accordingly,
updated grounds of refusal were included in the report.
On 13 November 2023 the applicant made an Other Change to the application to include an
extension to the existing clubhouse. The change was an Other Change as it introduced a new land
use into the application. This meant that the application reverted to the Confirmation Notice stage
and no decision was able to be made on the application at the 13 November 2023 General
Committee Meeting.
The change formalises the changes to the clubhouse that were referred to in the original officer
report, and include the following:
• Minor alterations to the internal configurations of the bar, kitchen, cold room and store
area (red dotted outline); and
• New liquor cool room, new dry store, new security & procurement office, new wet and
dry waste areas and new enclosed storage area (shown as yellow shading).
The applicant has advised:
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 11 JUNE 2024
The application material states that the proposed 105m² floor area extension to the existing
clubhouse would be obtained by undertaking a change to the current development approval
17380DA, which provides for a material change of use for a Country Club including Golf
Clubhouse, Health Club and Tennis Centre. It was originally intended to change the current
development approval once the approval for the “Boutique Hotel” was obtained; however, it
has now been decided to include this component as part of the current application.
……..Consequently, the application is now for a development permit for a material change
of use for the following:
• Resort complex comprising 106 units; and
• Ancillary Bar and Food and drink outlet; and
• Outdoor sport and recreation (4 x tennis courts); and
• Club - minor extension to existing clubhouse
The existing clubhouse, to which the proposed extension applies, is located within the Tourist
Accommodation Zone, a Club is an inconsistent use within this zone. Notwithstanding, the existing
clubhouse was approved under approval 17380 DA in 1999 and has occupied the site for an
extended period.
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The inclusion of the Club use within the current Material Change of Use application facilitates minor
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changes to the layout of the building with minor extensions to the building footprint as detailed in
the following image:
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Figure 1: Additional Floor Area (yellow)
The proposed additional 105m2 of gross floor area within the existing clubhouse was identified in
the original report to Council. At that time the assessment of plot ratio acknowledged the potential
additional clubhouse gross floor area noting the proposed plot ratio of all buildings, including the
proposed change to the clubhouse, would be significantly below the maximum allowed within the
Tourist Accommodation Zone (15,240m2 permitted with 10,208m2 proposed).
Whilst the modifications to the result in an increase in the use area of the clubhouse this is primarily
related to additional storage area and as such does not generate a need for additional parking,
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 11 JUNE 2024
noting the traffic consultant has reviewed the proposed car parking and is satisfied that it
adequately meets the needs of the proposed resort.
Accordingly, the officer recommendation remains in support of the application.
CONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers:
• Senior Environment Officer
• Coordinator Development Engineering
Other Referrals
The application was forwarded to the following external experts for review and/or comment:
• Bushfire
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• Hydraulic Engineer
• Traffic consultant
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• Acoustic consultant
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• Odour consultant
CONCLUSION & REASONS FOR DECISION
A report for this application was presented to Council at the Planning and Environment Committee
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on 11 July 2023 for an application which seeks to develop a 106-room hotel on land within Noosa
Springs.
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The report addressed a range of issues including the sites split zoning, the potential odour impacts
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of the nearby sewage treatment plant, bushfire risk, ecology, carparking and built form. The
officer’s recommendation sought to approve the application.
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The matter was referred to the General Meeting dated 17 July 2023 at which time a motion was
put forward to refuse the application. The motion was successful, and the application was
recommended to be refused.
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On 19 July the applicant stopped the decision-making period until 29 September 2023, as this was
done prior to prior to the Ordinary Meeting of 20 July 2023 Council was not able to finalise a
decision on the application. The decision-making period recommenced on 29 September 2023.
A Further Report was prepared for the Planning and Environment Committee meeting on 7
November 2023, due to the significance of the matter was referred to the General Meeting of 13
November 2023.
At that time the applicant had not amended the layout of the proposed development however
provided several written submissions which included an analysis of the submissions made during
the notification period, a letter from a solicitor reviewing the proposed grounds of refusal, and a
further letter from the applicant’s planning consultant seeking to justify grounds to support the
development.
The officer recommendation remained in support of the application, it was recommended that
condition 13 of the original recommendation, which required guests to be advised of the potential
for odour from the sewage treatment plant, be deleted. At that time, the grounds of refusal proposed
at the General Committee on July 17, 2023, were reviewed by a planning solicitor. Accordingly,
updated grounds of refusal were included in the report.
On 13 November 2023 the applicant made an Other Change to the application to include an
extension to the existing clubhouse. The change was an Other Change as it introduced a new land
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 11 JUNE 2024
use into the application. This meant that the application reverted to the Confirmation Notice stage
and no decision was able to be made on the application at the 13 November 2023 General
Committee Meeting.
The introduction of the Club use and the associated amendments to the existing clubhouse raise
no concerns on the basis the clubhouse use was approved in 1999, the proposed changes do not
exceed the permissible plot ratio and adequate car parking is providing on site noting that the
increased use area primarily relates to additional storage.
The officer’s recommendation remains in support of the development, it is recommended the
condition requiring guests to be advised of the potential for odour from the sewage treatment plant,
be deleted.
Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director Director
Chief Executive Officer Community Development Financial Services
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Executive Officers Sport & Active Lifestyles Fleet
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Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
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Governance Customer Experience Procurement
Commercial Property
Strategy & Environment Development & Regulation Infrastructure Services
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Director X Director Director
X Strategic Land Use Planning X Development Assessment Infrastructure Planning, Design
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and Delivery
Economic Development & Local Laws Civil and Asset operations
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Destination Management
Environmental Services Environmental Health Waste
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Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
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