Further Council Report MCU21-0110

                    Our Reference
                    Direct Line
                                           Amelia Prokuda 202319827
                                           +61 7 3114 0131
                                                                                                                             gadens
                    Email                  [email protected]
                    Partner Responsible    Gerard Timbs                                                                      ABN 30 326 150 968
                    Your Reference         MCU21/0110
                                                                                                                             ONE ONE ONE
                                                                                                                             111 Eagle Street
                                                                                                                             Brisbane QLD 4000
                                                                                                                             Australia
                    4 August 2023
                                                                                                                             GPO Box 129
                    Mr L Sengstock                                                                                           Brisbane QLD 4001
                    Acting Chief Executive Officer
                    Noosa Council                                                                                            T +61 7 3231 1666
                                                                                                                             F +61 7 3229 5850
                    PO Box 141
                    Tewantin QLD 4565
                                                                                                                             gadens.com

                    By email: [email protected]


                    Dear Mr Sengstock

                    Development application - MCU21/0110 - 61 Noosa Springs Drive, Noosa Heads




                                                                                                         4
                    We act for the applicant, Noosa Springs Real Estate Pty Ltd in respect of its development application for
                    a development permit for material change of use – Bar, Food and Drink Outlet, Outdoor sport and
                    recreation and Resort complex over land at 61 Noosa Springs Drive, Noosa Heads and described as Lot




                                                                                   T
                    4 on SP178340 (Land).
                                                                                 EN
                    We have been instructed to respond to the issues raised in Council’s grounds for refusal of the
                    development application set out in the minutes of the Council meeting on 20 July 2023. In preparing the
                    response, we have had regard to the following documents:
                                                                  M

                    1.        the development application and supporting material;
                                                                 H


                    2.        item 5.1 of the agenda for the Planning and Environment Committee meeting on 11 July 2023
                              (with the Council officer assessment report for the development application and draft conditions
                                               C



                              package attached); and
                                            TA




                    3.        the minutes of the ordinary Council meeting on 20 July 2023.

                    Grounds for refusal
                                AT




                    Our client’s response to each of the grounds for refusal is set out below.


                      The proposed development of the subject land is inappropriate, in circumstances where:

                               (a)        Part of the proposed land use is a resort complex, in circumstances where part
                                          of the subject land is 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;

                               (d)        The proposed development would result in the overdevelopment of the subject
                                          land, at the expense of its environmental values, as it proposes that an area of
                                          existing open space be developed;




                                          Liability limited by a scheme approved under professional standards legislation.

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