Further Council Report MCU21-0110.pdf

               The grounds of refusal resolved at the General Committee Meeting dated 17 July 2023 have been
               reviewed by Council’s legal representatives and have been refined as follows:
               1.     The proposed development has failed to demonstrate a significant planning need to develop
                      outside of Noosa Plan 2020's urban boundary, particularly at the density and intensity
                      proposed and where inconsistent with the local landscape character. Nor has any overriding
                      community benefit been demonstrated, which would justify approval despite its conflict with
                      the planning scheme.
               2.     Many valid planning grounds have been raised by submitters that the proposal will result in
                      an unacceptable impact on the amenity of the locality. Further, the development exceeds
                      what a community member could reasonably expect because of the change to the Tourism
                      Accommodation Zone when the Noosa Plan 2020 was advertised.
               3.     The proposed development of the subject land is inappropriate, in circumstances where:
                      a.      The proposed development seeks to develop land as a resort complex, in
                              circumstances where part of that land is located outside of the urban growth boundary
                              in Noosa Plan 2020;
                      b.      The proponent seeks to utilise the land for Resort Complex, which is an inconsistent
                              use in the Recreation and Open Space zone;
                      c.      The proposed development is an overdevelopment of the land, at the expense of the
                              natural values of the land and involves a reduction of land in the Recreation and Open
                              Space zone;




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                      d.      The proposed development would result in the overdevelopment of the subject land, at
                              the expense of its environmental values, as it is proposed that an area of existing open




                                                                               T
                              space be developed;                    EN
                      e.      The proposed development would result in unacceptable clearing of vegetation in an
                              ecologically important and environmentally sensitive area;
                      f.      The built form and density of the proposed development is unacceptable;
                                                           M

                      g.      The proposed development will involve unacceptable bushfire risk to people and
                              property in circumstances where:
                                                          H


                              i.       the development has not taken into consideration the impact on adjoining or
                                       nearby residential communities and the capacity of SES to evacuate persons in
                                                    C



                                       case of fire, and
                                           TA




                              ii.      The development will unduly burden disaster management response or recovery
                                       capacity and capabilities.
                              In these respects, the proposed development is inconsistent with the following
                                   AT




                              provisions of Noosa Plan 2020:
                              i.       Strategic Framework – 3.2.2, 3.2.5, 3.3.2(g), 3.3.1(b) and 3.3.4(b)(p);
                              ii.      Biodiversity, Waterways and Wetlands Overlay Code – 8.2.2.2(2)(a), (b) and (c),
                                       Table 8.2.23 PO1, PO3, PO5 and PO12;
                              iii.     Recreation and Open Space Zone Code – 6.6.1.2(2)(a)(c)(f)(g) and(s), Table
                                       6.6.13 PO1, PO2, PO3, PO4, PO15, PO16, PO17, PO18, PO19 and PO38;
                              iv.      Noosa Heads Local Plan Code – 7.2.5.2(2)(b), (e) and (f) Table 7.2.5.3 PO5,
                                       PO26 and PO27;
                              v.       Bushfire Hazard Overlay Code – 8.2.3.2(2)(b) and (e)
               4.     It has not been demonstrated that the proposed development will not result in unacceptable
                      acoustic impacts on the amenity of the locality, as the acoustic impacts of plant, equipment
                      and services associated with the proposed development have not been identified but not
                      adequately assessed nor have appropriate measures been proposed to address the
                      identified impacts.




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Document Set ID: 22632986
Version: 7, Version Date: 07/11/2023