Further Council Report MCU21-0110

                               (e)       It results in the unacceptable clearing of vegetation in an ecologically important
                                         area and an environmentally sensitive area;

                               (f)       The built form and density of the proposed development is unacceptable.

                               In these respects, the proposed development is inconsistent with the following
                                       provisions of Noosa Plan 2020:

                                         (a)      Strategic Framework – 3.2.2, 3.2.5, 3.3.2(g), 3.3.1(b) and 3.3.4(b), (p);

                                         (b)      Biodiversity, Waterways and Wetlands Overlay Code – 8.2.2.2(2)(a), (b)
                                                  and (c), Table 8.2.23 PO1, PO3, PO5 and PO12;

                                         (c)      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;

                                         (d)      Noosa Heads Local Plan Code – 7.2.5.2(2)(b), (e), Table 7.2.5.3 PO5, PO26
                                                  and PO27

                    1.        The zoning of part of the subject land as Tourist Accommodation indicates an intention for the




                                                                                                  5
                              land to be used for the purposes contemplated by the development application. The proposed
                              development is wholly consistent with the purpose and overall outcomes for the Tourist




                                                                               T
                              Accommodation zone, which can only be achieved by way of an integrated development.
                                                                             EN
                    2.        With respect to the community’s expectations, the Tourist Accommodation zoning makes it clear
                              that there is an intention for short-term accommodation to be located in conjunction with the
                              existing Noosa Springs Golf and Spa Resort. It cannot be said that the proposed development is
                              inconsistent with the community’s expectations, having regard to the Noosa Plan 2020.
                                                               M

                    3.        Part of the resort (including part of the swimming pool and tennis courts) is proposed to be
                              located on land in the Open Space and Recreation zone, which adjoins the land in the Tourist
                                                              H


                              Accommodation zone. Relevantly, ‘Nature-based tourism’, ‘Food and drink outlet’ and ‘Outdoor
                              Sport and Recreation’ are consistent uses in the zone.
                                               C



                    4.        The economic impact assessment report in support of the development application demonstrates
                                            TA




                              a high level of community need for the proposed development.

                    5.        Council has a broad discretion to decide an impact assessable development application. The
                              discretion is to be exercised subject to the following requirements:
                                AT




                              (a)      it must be based on the assessment carried out under section 45 of the Planning Act
                                       2016 (Qld) (Planning Act);

                              (b)      the decision-making function must be performed in a way that advances the purpose of
                                       the Planning Act; and

                              (c)      the discretion is subject to any implied limitation arising from the purpose, scope and
                                       subject matter of the Planning Act.

                              It inevitably involves a balancing exercise. 1




                    1 Smout v Brisbane City Council [2019] QPEC 10.




                    Letter - Mr L Sengstock - Submissions on grounds for refusal - 02(43623133.1).docx                           2
Document Set ID: 22638436
Version: 1, Version Date: 27/10/2023