Further Council Report MCU21-0110

           and, in good faith, we paid the $217,798 application fee and submitted the development proposal for
           approval.


           The hotel is designed to integrate with the existing facilities of Noosa Springs, which includes uses and
           amenities expected in a luxury destination resort. The proposed hotel will be built and managed as 5-star,
           luxury accommodation in conjunction with the existing facilities, which will provide a Resort Complex
           consistent with the intent of the planning scheme. In fact, the planning scheme was deliberately changed
           under the Noosa Plan 2022 to include the land in the Tourist Accommodation Zone, with the subject land
           specifically identified for a Resort Complex.


           At considerable expense, we modified the proposal on three (3) occasions during the assessment stage in
           response to information requests from Council (and referral agencies) and in response to issues raised in
           public notification submissions and other feedback from our community consultation. At all times, we have
           responded positively to address concerns and ensure the development satisfies the planning requirements
           and interests of the community.




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           Draft conditions of approval were prepared by Council officers with the assistance of Council’s experts. We




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           reviewed the conditions and generally agreed to them being imposed. Despite the recommendation for
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           approval, a General Committee resolution to refuse the proposal was passed by Councillors for a number of
           reasons, none of which are supported by independent advice and, we are advised, lack merit.
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           General Committee meeting deliberations
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           We attended the General Committee meeting on 17 July 2023 and observed with interest the questions asked
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           by Councillors and the responses by Council staff and experts. Many of the grounds for refusal were canvassed
           with Council’s planning staff, environment officers and odour/acoustic expert brought to the meeting that
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           day. We believe all questions were answered comprehensively and maintained support for the application to
           be approved. We were shocked that Councillors voted in a favour of a preprepared resolution (without any
           independent technical advice) that was at odds with the clear support by Council staff and experts during the
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           deliberations, and contrary to their recommendation to approve the application.


           Legal and Town Planning review of grounds for refusal


           We engaged leading town planning specialists at law firm Gadens to review and advise us in regard to the
           reasons for refusal. After their detailed review, Gadens subsequently wrote to Council on our behalf, and we
           attach for your reference a copy of that letter dated 4 August 2023. Please note Council is strongly urged to
           reconsider and not act against the recommendation of the responsible officer of Council, who recommended
           the application be approval.


           Our town planning consultant, Adamson Town Planning, also considered the town planning issues raised in
           the grounds for refusal. Attached for your reference is a copy of a letter from Adamson Town Planning dated
           11 October 2023 that concludes, when read as a whole, the proposed development is consistent with the
           planning scheme and accords with reasonable community expectations. If there is any non-compliance with



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Document Set ID: 22638436
Version: 1, Version Date: 27/10/2023