2018-10-18 Mayoral Minute

                                 MAYORAL MINUTE

I hereby give notice of my intention to move the following motion at the Ordinary Meeting on
Thursday, 18 October 2018:

1     PROPOSED SETTLEMENT OF PLANNING & ENVIRONMENT COURT APPEAL 4066 OF
      2017 - 215 DAVID LOW WAY, PEREGIAN BEACH
      That Council:
      A.    Agree to settle Planning & Environment Court Appeal 4066 of 2017 for a Material Change
            of Use and Reconfiguring a Lot currently before the Court for 215 David Low Way,
            Peregian Beach subject to the terms and conditions as set out in Attachment 2 of this
            Mayoral Minute; and
      B.    Note that a further report will be presented to a future Council meeting for Council’s
            consideration detailing a full set of development conditions for the proposed development
            and seeking Council’s agreement to finalise the appeal.




BACKGROUND
At the Ordinary Meeting of 21 December 2017 Council considered a report on an appeal in respect
of a mixed use residential development at 215 David Low Way, Peregian Beach, comprising 26
multiple dwelling units (permanent occupation), 20 visitor motel units and 12 units that could be either
multiple dwelling units or visitor units. At this meeting Council resolved to defend the appeal.
Since that time the appeal has progressed in accordance with the Planning & Environment Court
directions, including 2 mediations held with the court register but with no agreement by the applicant
to reconsider their proposal pans. In late May just prior to the trial commencing, the applicant
changed their application reducing the number of proposed units (by 6 units) to:
   32 visitor motel units
   20 multiple dwelling units
The applicant also amended the proposal plans by removing the dual key units, reducing the size of
the motel units, increasing the open space area and setbacks to all boundaries and reducing car
park numbers to reflect the lower parking rate for motels. These plans also identified an emergency
evacuation route from the site to Rufous Street. These amended plans are included as Attachment
1. While these plans offered an improved overall site layout, the proposed changes did not address
the principle conflict with the Noosa Plan with 20 multiple dwelling units still proposed for permanent
residency, eroding the visitor accommodation opportunities sought by The Noosa Plan for the site.

The trial was not finalised in May 2018 due to these last minute changes to the application and also
because of the number of experts involved for the applicant, submitter and Council. Accordingly,
further time for the trial was set down by the court for a week commencing 15 October 2018 to allow
all experts to present their evidence and final summations to be given by all parties to the court.




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