Original source · versioned page text
Town Planning Report - Development Application 90 Beach Road, Noosa North Shore 28 June 2016
Attached to the e-mail MCU16/0075 Development Application - 90 Beach Road Noosa North Shore.
Court Appeals & Dispute Resolution
Applications & Assessment
Due Diligence & Compliance
Project Management
General Development Advice
Town Planning Report
Development Application
Material Change of Use of Premises
19 Detached Houses
at
90 Beach Road, Noosa North Shore
‘Beach Road Holiday Homes’
Adamson Town Planning Pty Ltd ATF
(ACN: 163 798 374 | ABN: 72 472 058 207)
P (07) 5430 6671 F (07) 5430 6677 M 0437 754 420 Mail: PO Box 78, Peregian Beach QLD 4573
‘Noosa Boardroom’, 28 Eenie Creek Road, Nooosaville QLD 4566
Email| [email protected] Web| www.adamsontownplanning.com.au
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 29 pages
Page 2
15006 – North Shore Beach Houses June 2016
TABLE OF CONTENTS
TABLE OF CONTENTS ......................................................................................................................................2
1. DEVELOPMENT SUMMARY.....................................................................................................................3
2. INTRODUCTION ......................................................................................................................................4
3. BACKGROUND ..........................................................................................................................................5
4. BRIEF HISTORY .......................................................................................................................................7
5. RELEVANT PLANNING PROVISIONS ...................................................................................................8
5.1 STATE PLANNING REGULATORY PROVISIONS ...................................................................................... 9
5.2 SOUTH EAST QUEENSLAND REGIONAL PLAN 2009-2031 (SEQRP) ..................................................... 9
5.3 STATE PLANNING POLICY ................................................................................................................. 10
6. NOOSA PLAN 2006 ................................................................................................................................11
6.1 DESIRED ENVIRONMENTAL OUTCOMES ............................................................................................. 12
6.2 NOOSA NORTH SHORE LOCALITY CODE ............................................................................................ 14
6.2.1 TABLE 10.8 – SPECIFIC OUTCOMES AND PROBABLE SOLUTIONS ........................................................ 18
6.2.2 DIVISION 14 – SPECIFIC OUTCOMES VISITOR MIXED USE ZONE ......................................................... 19
6.3 OVERLAY CODES ............................................................................................................................. 20
6.4 OTHER CODES................................................................................................................................. 21
7. KEY PLANNING ISSUES .......................................................................................................................22
7.1 CURRENT USE OF THE LAND............................................................................................................. 22
7.2 APPROPRIATENESS OF THE CURRENT DEVELOPMENT ........................................................................ 24
7.3 OTHER VISITOR MIXED USE ZONES .................................................................................................. 24
7.4 IMPACTS UPON AMENITY..................................................................................................................... 26
7.5 ECONOMIC BENEFIT ............................................................................................................................ 26
8. VIRIDIAN NOOSA JUDGEMENT ..........................................................................................................27
9. CONCLUSION .........................................................................................................................................29
Attachments -
Attachment 1: Current Development Approvals 1A & 1B
Attachment 2: Proposal Plan
Page 2
Page 3
15006 – North Shore Beach Houses June 2016
1. Development Summary
Development Application: Development Permit for Material Change of Use to
allow for 19 Detached Houses within 19 allotments
containing existing Eco-Cabins (dwellings).
Subject Land: 90 Beach Road, Noosa North Shore, Eco-cabin number
2 (Lot 2), 4(Lot 3), 5(Lot 8), 8(Lot 24), 9(Lot 23), 12(Lot
20), 13(Lot 19), 19(Lot 43), 21(Lot 42), 36(Lot 27), 38(Lot
35), 39(Lot 31), 40(Lot 32), 46(Lot 38),47(Lot 34), 50(Lot
36), 51(Lot 29), 53(Lot 4), 62(Lot 6)
Land Description: The land included in the application comprises 19
allotments including Lots 2-4, 6, 8, 19-20, 23-24 on
SP186174 and Lots 27, 29, 31-32, 34-36, 38, 42 & 43 on
SP215779
Land Area: The area of each of the allotments that form the
application includes, Lot 2(291m²), Lot 3(305m²), Lot
4(323m²), Lot 6(288m²), Lot 8(342m²), Lot 19(317m²),
Lot 20 (329m²), Lot 23(360m²), Lot 24(278m²), Lot
27(304m²), Lot 29(254m²), Lot 31(272m²), Lot
32(264m²), Lot 34(299m²), Lot 35(279m²), Lot
36(260m²), Lot 38(293m²), Lot 42(326m²) and Lot
43(303m²)
Planning Scheme: Noosa Plan 2006
Zoning: Visitor Mixed Use
Locality: Noosa North Shore
Overlay Mapping: Biodiversity Overlay Map – Environmental Protection
Area; Natural Hazard – Bushfire (Medium Bushfire
Hazard Area) and Acid Sulfate Soils Overlay (High
Potential Acid Sulfate Area 0-5m AHD
Level of Assessment: Impact
Applicable Codes: The whole of the planning scheme, but in particular:
• Part 3 – Desired Environmental Outcomes;
• Part 10 - Noosa North Shore Locality Plan;
• Part 13 - Biodiversity Overlay Code;
• Part 13 – Natural Hazards Overlay Code;
• Part 14 - Residential Uses Code
• Part 15 – Priority Infrastructure Plan
Referral Agencies: Nil
Page 3
Page 4
15006 – North Shore Beach Houses June 2016
2. Introduction
The purpose of this report is to provide town planning advice about a development application for
material change of use for 19 Detached Houses within the existing ‘Beach Road Holiday Homes’
development located at 90 Beach Road, Noosa North Shore (refer Figure 1).
The development application is over 19 existing parcels of land that have been described in the
Executive Summary, above. The allotments contain what are referred to as Eco-cabins under the
current development approvals (refer Attachment 1A & 1B). It is noted that the land has been
reconfigured so that there a number of standard format lots and common property under a
community management statement.
The application applies over the abovementioned allotments, but does not include the common
property (refer Attachment 2). This is because the change of use is over the land containing the
existing Eco-cabins, which currently has lawful access and infrastructure provided that is adequate to
service the proposed development. Further, the change of use to allow for the Detached Housing
use, while maintaining the existing visitor accommodation use, will not create additional traffic or
other impacts and therefore has no bearing on the use of common property.
Figure 1 – Locality Plan Noosa North Shore
Owners consent for the lodgement of the application has been obtained from each of the property
owners. It should be noted that each of the property owners in the existing development were given
the opportunity to make the application.
Page 4
Page 5
15006 – North Shore Beach Houses June 2016
A recent Judgement made by the Supreme Court of Queensland (Savage % Anor v Cairns Regional
Council (2016) QCA 103), confirmed that the consent of the body corporate for the development
application is not required.
The above case involved the change of use from “Holiday Accommodation” to “Holiday
Accommodation/Multiple Dwelling”, which the relevant body corporate opposed. The advice
received in relation to that case is that:
• provided the proposed use involves the use of common property for access purposes only,
common property does not form part of the land the subject of the application and need not
be included in the IDAS Form 1; and
• if there was to be no development of the common property (e.g. no material increase in the
scale of the use of common property) the common property does not form part of the
application and it follows that the consent of the body corporate is not required.
The Court upheld this position, which is the same scenario for the proposed development, being
over the 19 existing allotments not involving common property and no building work being
proposed.
3. Background
On 14 October 2014, the subject site was granted a preliminary approval for material change of use
for development in accordance with the Noosa North Shore Eco-Tourism Portal Development Code
(Development Code). The preliminary approval was granted under section 3.1.6 of the Integrated
Planning Act 1997 (now repealed), which had the affect of overriding the planning scheme.
The preliminary approval allowed for the development of land at 30 Beach Road, 168 Maximillian
Road, 1-24/90 Beach Road and 25-49/90 Beach Road, Noosa North Shore; however further
development permits were required in accordance with the Development Code. A copy of the
Structure Plan for the development contained in the Development Code is provided as Figure 2.
The preliminary approval allowed for the development of the subject land, which is located in the
East Development Zone (refer Figure 2), in accordance with a Development Code. The preliminary
approval provided primarily for visitor accommodation in varying forms. The subsequent
applications were assessed against the preliminary approval and not the planning scheme.
The preliminary approval provided its own table of assessment contained in the Development Code.
According to the table of assessment, the further development applications to obtain a
development permit were code assessable, not requiring a public notification, which is important
when considering this development proposal for detached housing.
A number of subsequent applications were lodged requesting to change the preliminary approval,
including extensions to the relevant period or currency of the approval. However, the most recent
request granted an extension to 14 October 2014. Consequently, the preliminary approval has now
lapsed and is at an end and has no relevance in the assessment of the application, other than to
provide background information.
Page 5
Page 6
15006 – North Shore Beach Houses June 2016
Figure 2 – Structure Plan
There have been two subsequent development permits for material change of use over the land that
have provided for the construction of the ‘Eco-Cabins’. The first development approval (Attachment
1A) was granted on 23 March 2006 for Stage 1 and was subsequently changed on the 15 September
2010 and again on 18 June 2012. This remains the current development approval for Stage 1 of the
development being for 24 Eco-Cabins (1-24) and ancillary facilities and a development permit to
reconfigure the land into 4 allotments. The Eco-Cabins were constructed within there own
allotments being Lots 1 to 24, with the approval also providing for the Village Green Recreational
Centre. Importantly, condition 6 of the approval states:
The Eco-Cabins shall be for short term visitor accommodation only, with no person permitted to
occupy the Eco-cabins for the purposes of permanent accommodation in accordance with the Noosa
North Shore Eco-Tourism Portal Development Code.
The second development approval for Stage 2B provides a development permit for another 24 Eco-
Cabins on the land (Attachment 1B). This development approval provides for Eco-Cabins to be
constructed on Lots 25 to 48, inclusive. It is important to note that condition 6 of the second
approval states:
The Eco-cabins shall be for short term visitor accommodation only, with no person permitted to occupy
the Eco-cabins for the purposes of permanent accommodation in accordance with the Noosa North
Shore Eco-Tourism Portal Development Code.
Another development approval for Stage 3B was obtained on 24 May 2012, which provided a
further development permit for material change of use for an additional 24 ‘Eco-Cabins’. However,
Page 6
Page 7
15006 – North Shore Beach Houses June 2016
this development permit was not acted upon and subsequently lapsed on 14 October 2014 under
condition 16. It is understood that another application was made for a fourth stage of ‘Eco-Cabins’,
but this application was withdrawn.
Consequently, the current approvals that apply to the land include:
• a development approval for material change of use (Application No. 132005.1550.03) for
‘Eco-Cabins’ (24 units) & Ancillary Facilities – Stage 1 & Lot Reconfiguration and a
Development Permit for Reconfiguring a Lot – 1 lot into 4 lots (refer Attachment 1A); and
• a further development approval for material change of use (Application No. 2006/2237) for
Eco-Cabins (24 units) & Ancillary Facilities – Stage 2 (refer Attachment 1B).
With respect to both of these approvals, it is intended that the use of the land be for visitor
accommodation only. This is because visitor accommodation is what was allowed for under the
preliminary approval in accordance with the Development Code. It should be noted that while the
above approvals allowed for ‘Eco-Cabins’ to be established on the land, these cabins are in effect
relatively large mostly 2 storey dwellings and are not what would be expected when being described
as a cabin.
Given the preliminary approval over the land is at an end, the assessment of the development
application is to be made against the Noosa Plan 2006 and any relevant State planning provisions.
4. Brief History
The application for the preliminary approval was lodged under the superseded planning scheme,
being the Schedule to the Planning Scheme, which was the amended version to be consistent with
the IPA, dated about 11 May 1999 and the 1997 Strategic Plan, gazetted 5 September 1997.
Under the 1997 Strategic Plan, the subject land was located in the Noosa North Shore/Cooloola
Locality and was included in Open Space – Recreation designation. The land to the south of Beach
Road was included in the Visitor Accommodation & Services designation. This land was to form the
principle focus for visitor accommodation and services, with a distinct open space feel, reflecting the
seclusion and values of the Noosa North Shore Area. Further, the common management of each of
the southern allotments was considered to be essential and subdivision of these allotments is not
envisaged.
It is understood that the nature and scale of the visitor accommodation and services on the
southern allotments were defined by a Development Control Plan, other Planning Scheme
provisions and existing uses at the time of commencement of the Strategic Plan.
It is noted that under the Strategic Plan, a number of other localities contained the Visitor
Accommodation and Services designation, including Hasting Street, but excluding Noosa Hill, in
particular the Viridian Noosa Resort. While the designation provided for visitor accommodation, this
did not exclude permanent residential living.
The use most commonly applied for under the superseded planning scheme was Multiple Dwelling,
which allowed for more than one self contained dwelling unit on land, which could be used for
Page 7
Page 8
15006 – North Shore Beach Houses June 2016
either visitor accommodation or permanent residential living. This was a logical approach, which
meant that market forces would largely dictate what uses would occur on this land.
The subject land was included in the Special Facilities Zone Special Facilities in accordance with Plan
of Development No. 46, in July 1996 for a resort development. Part of the approval required
approximately 30 hectares of land adjacent the eastern boundary to be dedicated as National Park.
The land was dedicated as National Park prior to the site being included in the Special Facilities
Zone.
The rezoning approval allowed for the development of visitor accommodation for 400 persons with
a maximum of 169 units, plus 8 shops, 3 restaurants, resort management office, guest activities and
entertainment, information centre and sport and recreation facilities. The maximum building height
allowed was 2 storeys and 8 metres, with a maximum gross floor area of 12,330m². The table below
provides a break down of the approval.
Permitted Uses Max. GFA
Accommodation Buildings – not exceeding 169 units and equivalent 8,330m²
population of 400 persons
1,000m²
General Store – Shops (maximum of 8) and Restaurants (maximum of 3)
2,000m²
Resort Management Offices and Indoor Entertainment – multiple activity uses
for on-site guests
Service Buildings and Sport and Recreation – pavilion, lookout, information 1,000m²
centre, swimming pools, 2 tennis courts, minor water and land-based
recreation
TOTAL 12,330m²
A condition of the rezoning approval required connection to Council’s sewer infrastructure across
the Noosa River, subject to appropriate state agency approval being obtained. A key requirement of
this Plan of Development is for accommodation units to be 2 units per building comprising 90-
100m² each, effectively being a cabin, which is important for reasons provided below.
With the commencement of the Noosa Plan 2006, the Special Facilities Zone over the land was at an
end along with the 1997 Strategic Plan. The land was subsequently included in the Visitor Mixed Use
Zone. At the time the abovementioned preliminary approval was applied for, the subject land was
included in the Special Facilities Zone and was subject to the 1997 Strategic Plan.
5. Relevant Planning Provisions
Pursuant to section 314 of the Sustainable Planning Act 2009 (SPA), the application is to be assessed
against the following:
• the relevant State planning regulatory provisions;
• the South East Queensland Regional Plan 2009-2031;
Page 8
Page 9
15006 – North Shore Beach Houses June 2016
• the State Planning Policy; and
• the Noosa Plan 2006.
5.1 State Planning Regulatory Provisions
Under the State Planning Regulatory Provisions the only provisions that are relevant to the
assessment include the South East Queensland Regional Plan 2009-2031 State Planning Regulatory
Provisions (SPRP). According to the State Assessment Referral Agency (SARA) mapping, the subject
land is located in the Regional Landscape and Rural Production Area (Figure 3).
Under part 1.5 of the SPRP, the subject land is included in the Visitor Mixed Use Zone and is not
included in a Rural Residential or Rural Zone. Consequently, it is suggested that the land is located
in an urban zone under the planning scheme and the SPRP do not apply. Further, under part 2.1,
Material Change of Use outside the Urban Footprint, the use could be considered to be for a private
residence on an existing lot under Table 2E and therefore also does not require referral to the SARA
under these provisions.
Legend
Figure 3 – SARA Mapping
5.2 South East Queensland Regional Plan 2009-2031 (SEQRP)
Under the SEQRP the subject land is included in the Regional Landscape and Rural Production Area
(RLRPA). The RLRPA identifies land with regional landscape, rural production or other non-urban
values. It protects this land from inappropriate development, particularly urban or rural residential
development.
These areas support the lifestyle and wellbeing of the regional population, primarily located in the
Urban Footprint. The RLRPA’s natural assets require management to improve the capacity to provide
ecosystem services, increase the region’s resilience and support the population.
The RLRPA includes land with one or more values:
• significant biodiversity
• regional ecosystems that are endangered or of concern
Page 9
Page 10
15006 – North Shore Beach Houses June 2016
• national parks, conservation parks, resources reserves or other conservation areas
• koala habitat
• good quality agricultural land and other productive rural areas
• cultural and landscape heritage values (traditional and non-Indigenous)
• natural economic resources, including extractive resources and forestry plantations
• water catchments, water storages and groundwater resources
• native forests
• coastal wetlands
• land that forms strategic and regionally significant inter-urban breaks.
Given the application involves the use of existing dwellings on the land, the proposed development
does not offend any of the above values. Having regard to the nature of the use and level of
compliance with the SPRP described above it is suggested that the proposed development does not
offend any of the provisions under the SEQRP.
5.3 State Planning Policy
The Noosa Plan 2006 predates the commencement of the State Planning Policy (SPP),
therefore an assessment is required against the interim development assessment provisions
under Part E of the SPP.
Under the SPP mapping the subject land has the following designations:
• Water Quality – Climatic regions – stormwater management objectives; and
• Natural Hazards Risk and Resilience – Flood Hazard area – Level 1 Local Government
mapping area.
Legend
Figure 4 – SPP Mapping
Page 10
Page 11
15006 – North Shore Beach Houses June 2016
Under the interim development assessment provisions, the following parts are relevant:
State interest – water quality for receiving waters:
While collectively the subject land would be greater than 2,500m², which could involve an
impervious area greater than 25% of the net developable area; however, the allotments are
already improved by Eco-Cabins and the matter of water quality has been dealt under the
previous development approvals. The development as constructed minimises adverse
impacts on the environmental values of receiving waters by complying with the SPP Code
for Water Quality.
State Interest – Natural Hazards, Risk and Resilience:
While the subject land is designated as potentially being in a local government flood
affected area, according to the overlay mapping under the planning scheme, the subject
land is not affected by flooding.
The land is mapped as being subject to a Medium Potential Bushfire Intensity. While this is
the case, the land has been developed for Eco-Cabins having been already constructed
within the allotments. Consequently, the risk from bushfire has previously been considered
and is no greater given no building work is being proposed. The change of use allowing for
a Detached House within the allotments makes no material difference to the issue of
bushfire.
6. Noosa Plan 2006
Under the Noosa Plan the subject land is located in the Noosa North Shore Locality and is
included in the Visitor Mixed Use Zone (refer Figure 5).
The applicant seeks to allow 19 of the existing Eco-Cabins to be used for Detached Housing. A
Detached House is defined as:
Detached house means the use of premises for a single dwelling unit which comprises the whole of the
building on one lot. The term includes uses and works incidental to and associated with the detached
house. The term includes the temporary use as a display home or removal home. The use is not divided
further.
The current use of the land is for visitor accommodation as defined under the preliminary approval.
Visitor accommodation as defined by the Noosa North Shore Eco-Tourism Portal, stated that:
Visitor accommodation means dwelling units or accommodation units that are designed and
predominantly used for short term visitors to the locality, with no persons permitted to occupy the
site for the purposes of permanent accommodation, excluding those persons in manager’s
residences.
Page 11
Page 12
15006 – North Shore Beach Houses June 2016
Subject Land
Figure 3 – Zoning Plan
An Eco-cabin under the Noosa North Shore Eco-Tourism Portal was defined as:
Visitor accommodation in the form of self-contained free standing dwelling units.
While the existing buildings on the subject land are referred to as Eco-cabins under the
development permits, each building is effectively a large dwelling and is not what would normally
be expected when describing a cabin. Many of the Eco-Cabins are 2 storeys in height, contain fully
operational kitchen facilities and laundry facilities, are 3 or more bedrooms, including master
bedrooms with on suite, double garages, living and entertaining areas, along with multiple deck
areas. For all intensive purposes, the Eco-Cabins are not cabins as would normally be expected for
visitor accommodation, but are relatively large dwellings.
Under the Table of Assessment for the Visitor Mixed Use Zone, a Detached House is subject to
impact assessment; however it is noted that all residential uses are subject to impact assessment in
this zone.
6.1 Desired Environmental Outcomes
The most relevant Desired Environmental Outcomes (DEO’s) include the following:
RESIDENTIAL USES
Urban and rural settlement for residential use is developed to be consistent with:
• the planned capacity for roads, community services and infrastructure for the particular
locality;
• the expectations of Noosa’s population to have access to a broad range of safe, secure and
affordable housing;
Page 12
Page 13
15006 – North Shore Beach Houses June 2016
• the expected character and amenity for the particular locality;
• the landform, natural environmental and climatic conditions of the locality;
• energy efficiency and water conserving design principles;
• convenience and accessibility to urban services; and
• suitable separation from incompatible land uses.
TOURISM
A tourism industry is development and sustained which:
• is based on Noosa’s natural assets including the subtropical climate, the beaches, watercourses
and foreshores, and the National Parks and bushland;
• fosters an appreciation and understanding of heritage;
• focuses on the coastal localities of Noosa Heads, Noosaville, Sunshine Beach and Peregian
Beach, but provides complementary rural visitor accommodation;
• offers visitors a range of experiences and accommodation types;
• contributes to the economic wellbeing of Noosa; and
• achieves ecological, economic and social sustainability.
The proposed development seeks to maintain the existing visitor accommodation use on the land
while allowing for some of the dwellings to be used for detached housing. While it is accepted that
these dwellings could be used for permanent residential living on a permeant basis, it is suggested
that ultimately market forces will dictate the highest and best use of the land. This is how the
majority of coastal areas currently operate, with either the multiple dwelling or detached housing
uses being used for either permanent residential living or visitor accommodation.
The proposed development will not remove the ability of the existing dwellings to be used for visitor
accommodation under the current approval, in accordance with current tourism objectives, but will
allow for more flexibility in housing choice. It is important to note that the proposed development is
over 19 of the dwellings only, which means that the majority of the existing dwellings at least 29
dwellings being available for visitor accommodation purposes only.
The proposed development will not affect the planned capacity for roads, community services and
infrastructure and is consistent with the expectations of the local community in terms of allowing for
additional housing choice, while maintaining the character and amenity of the area. Further, the
development will not necessarily take away from the range of experiences and accommodation
types given that the use of the land will remain for both visitor accommodation and available for
residential occupation in part only.
While the use of the land is currently for visitor accommodation purposes, a number of the
dwellings are not available for visitor accommodation with some owners opting not to include the
dwellings in the rental pool. Having regard to this and current occupancy rates for houses in the
rental pool, the use of the land for some permanent residential living is likely to be of more
economic benefit to the local community.
Essentially the use of the land is dwellings on individual allotments with some communal facilities.
The existing development is not a resort as such because it does not have conference facilities or
associated business uses on the land. Consequently, allowing for some flexibility on the land in
terms of some residential living is a responsible and reasonable planning response given the current
the circumstances.
Page 13
Page 14
15006 – North Shore Beach Houses June 2016
In my opinion, the proposed development does not compromise any of the desired environmental
outcomes under the planning scheme.
6.2 Noosa North Shore Locality Code
Under the Noosa North Shore Locality Code, the overall outcomes are the purpose of the Code. The
most relevant overall outcomes sought for the Noosa North Shore Locality are discussed below:
a) New uses and works are located, designed and managed to:
i. be compatible with other uses and works;
ii. maintain the safety of people and works;
iii. avoid significant adverse impacts on the amenity enjoyed by users of other premises,
including acoustic and visual qualities; and
iv. avoid significant adverse effects on the natural environment, including native habitat
removal, fragmentation and attrition;
Comment:
The proposed development being for another type of residential use will be compatible with the
existing use of the land. It is intended to allow for flexibility between residential use types, with the
visitor accommodation continuing in conjunction with the proposed Detached House use.
Given the existing built form and separation of the existing dwellings and the lack of other
commercial uses on the land, there is unlikely to be any adverse impacts upon the amenity for users
in terms of acoustic quality or traffic generated. This is particularly the case given the low occupancy
rates for the visitor accommodation component, discussed further below. Further, given the
dwellings are existing, there will be no adverse impacts upon the visual or environmental values of
the subject land. The proposed development is consistent with the overall outcome.
b) Development is consistent with the Priority Infrastructure Plan in Part 15.
Comment:
The proposed development for the use of the existing dwellings for Detached Housing places no
greater impact upon existing infrastructure. In any event, the development is self sustaining in terms
of waster water disposal and provision of a portable water supply. The proposed development does
not offend the overall outcome.
c) The Noosa North Shore Locality retains its primary role as a substantial coastal area largely
dedicated to conservation;
Comment:
The proposed development for Detached Housing relates to the use of the existing dwellings and
does not offend this outcome. The use of some of the dwellings for permanent residential living will
likely mean that the cost of maintaining some of the environmental values on the land will be more
sustainable in the long term.
d) Development is secondary to and dominated by its open space setting with a very low intensity
and scale of operation;
Page 14
Page 15
15006 – North Shore Beach Houses June 2016
Comment:
The existing and proposed development will remain secondary to and will not dominate the existing
open space setting. Further, the existing and proposed development has a very low intensity and
scale of operation and is consistent with the overall outcome.
e) Limited visitor accommodation and services are provided in the locality, confined to the Visitor
Mixed Use Zone, and the wilderness camp in the Open Space Recreation Zone;
Comment:
While the development proposal seeks to allow for 19 of the Eco-cabins to be used for Detached
Housing, it is not intended that this use will overtake the existing approval for visitor
accommodation. The current development approvals, which allow for the existing 48 Eco-Cabins will
remain current, with the proposed development operating in conjunction with that approval. The
proposed development does not offend the overall outcome.
f) Maintenance of the locality’s remote setting and undeveloped character are achieved by:
i. a priority emphasis on conservation outcomes for the locality;
ii. ferry access;
iii. limited standards of access across the locality;
iv. avoiding the construction of a vehicular bridge across to the Noosa North Shore;
v. retention of existing vegetation with clearing kept to a minimum;
vi. ecologically sustainable management of recreational visitors and activities;
vii. development areas limited to existing pattern, with no increase in the number of
privately owned lots;
Comment:
The existing built form and scale of development remains unchanged with the proposed Detached
Housing use. Consequently, the proposed development does not offend the conservation outcomes,
relies on ferry access, does not involve any vegetation removal, will retain current ecological
sustainability management practices and will not result in an increase in the number of privately
owned allotments. Further, the proposed development is likely to make the cost of maintaining the
premises more sustainable in the long term. The proposed development does not offend the overall
outcome.
g) The scale and form of buildings and other structures are:
i. closely related to the setting and existing buildings;
ii. designed to be responsive to the informal coastal and riverside character of the locality;
iii. integrated into the landform and landscape; and
iv. consistent with the amenity and safety expectations of the community;
Comment:
The proposed development is for a number of the existing dwellings to be used for detached
Housing in conjunction with the existing visitor accommodation use. The proposed development
retains the existing built form and setting, is responsive to the informal coastal and riverside
character, is integrated with the landform and landscape setting and is consistent with the existing
amenity and safety expectations of the community. The proposed development is consistent with
the overall outcome.
Page 15
Page 16
15006 – North Shore Beach Houses June 2016
h) Residential development and Visitor accommodation is characterised by:
i. low impact buildings of a domestic scale within densely landscaped settings;
ii. building designs that are well articulated and that use design elements to present a
pleasant appearance to public places;
iii. building designs that fit well with the coastal and riverside character of the locality and
feature lightweight timber or cladding materials suited to the climate; and
iv. buildings of a domestic scale;
Comment:
The overall outcome above supports both residential development and visitor accommodation. The
proposed development is for detached housing within the existing dwellings and allotments, which
is a residential use. It is intended to also maintain the visitor accommodation component of the use
in conjunction with the use. The existing building form fits well with the existing riverside and
coastal character of the locality and features lightweight building elements with buildings that have
a domestic scale. The proposed development is entirely consistent with this outcome.
i) Development offering Visitor accommodation and services is low key to avoid changes to the
character as a result of excessive visitor numbers and adverse environmental impacts from
over-use;
Comment:
The proposed development is for detached housing over 19 of the existing allotments and will not
affect the existing development approval for visitor accommodation. The existing and proposed
development on the land will remain low key. The proposed development does not offend this
overall outcome.
j) Residential Uses and Visitor accommodation are well managed so they do not adversely
impact upon land identified as open space;
Comment:
The proposed development is for a residential use and will not affect the use of the land for visitor
accommodation. The proposal simply allows for additional housing choice and flexibility over a
portion of the existing development. The uses on the land are able to be well managed so as not a
adversely impact upon existing open space. The proposed development is entirely consistent with
this overall outcome.
m) A range of nature based recreational experiences utilise the natural assets of the area and its
separateness from the balance of Noosa as a means to enhance the experience of visitors and
residents;
Comment:
The proposed development for detached housing within existing dwellings will not affect the
existing recreational experience or the natural assets and its separateness of the locality. The
development does not offend the overall outcome.
n) Reticulated water supply and sewerage are not provided to the locality as part of any Council
programme;
Page 16
Page 17
15006 – North Shore Beach Houses June 2016
o) There is no adverse impact on ground and surface water quality, human health and amenity as
a consequence of the on-site disposal of effluent;
p) Underground electricity supply is extended through the locality;
q) Vehicular access throughout the locality remains of an all-weather unsealed standard to most
parts with a sealed road linking the ferry crossing point to the beach;
Comment:
The proposed development makes use of the existing dwellings/eco-cabins and infrastructure
already provided for the development. The proposed change of use makes no further demands on
any infrastructure already provided for the development and will not increase traffic movements.
Consequently, the proposed development will not adversely impact upon the existing road network
or the use of the ferry.
t) The environmental and cultural heritage values of the locality are conserved and well
managed;
u) Areas of native remnant or regrowth vegetation, including their biodiversity and habitat values
are protected;
Comment:
The proposed development makes use of the existing dwellings with no further building work being
proposed. Consequently, the proposed development will not adversely impact upon any
environmental or cultural heritage values with areas of native remnant vegetation being protected.
The key overall outcome for the Visitor Mixed Use Zone, states:
x) For the Visitor Mixed Use Zone - Visitor accommodation with associated Business Uses serve
visitors to the locality; where –
i. they are located within the existing allotment developed for Visitor accommodation and
Business Uses with no further subdivision;
ii. they continue to provide the same level of accommodation and business services as existing;
iii. the premises are low impact, low density development forms of domestic scale;
iv. development has a distinct open space feel, reflecting the seclusion and values of the Noosa
North Shore; and
v. the commercial attractions established at the sites are related to recreational experiences
offered in the locality;
Comment:
The proposed development is for detached housing over 19 of the allotments existing on the land. It
is intended that this residential use operate in conjunction with the existing visitor accommodation
use, which will remain current with the land. Regardless of an approval issuing for the detached
housing, the existing development approvals for the eco-cabins will continue to apply and this
allows for housing choice.
It is accepted that if the detached housing use is acted upon, then this potentially limits the number
of dwellings that could be used for visitor accommodation purposes. It is noted that currently there
are about 22 houses in the rental pool and about 6 houses that privately rent for visitor
Page 17
Page 18
15006 – North Shore Beach Houses June 2016
accommodation purposes; however there are currently a number of the dwellings not used for
visitor accommodation, being kept for private use only.
Despite this, the majority of the dwellings on the land will remain for visitor accommodation use.
Further, just because permanent residential living could be allowed in the 19 dwellings, this does not
mean that the houses will not be used for visitor accommodation. Currently, a number of the
dwellings, being about 20 are used regularly by the owners who have other primary places of
residence and therefore are not being used for visitor accommodation in any event. This is
significant and really shows that despite the current approval being for visitor accommodation, a
majority of the dwellings are not being used for this purpose and are therefore being under utilised.
Having regard to the above, should market forces change, all owners can make a decision to allow
the dwellings to be used for visitor accommodation. Given current occupancy rates, there is
sufficient availability for visitors to use the other dwellings within the site even if some, if not all of
the 19 dwellings are not in the rental pool.
No further subdivision of the land is intended, with the development having a low impact, the same
low density and will retain a domestic scale.
The proposed change in use will not adversely impact upon the existing open space feel, which will
continue to reflect the seclusion and values of the Noosa North Shore. The existing and proposed
development on the land does not provide for any commercial attractions or recreational
experiences that would normally be associated with resort developments. The recreational facilities
on the land are no more than that would be expected in a group housing development.
The proposed development for Detached housing over the subject land, does not seriously offend
any parts of the above overall outcome, given the visitor accommodation use will remain current on
the land.
In summary, the proposed development does not offend the overall outcomes and is consistent with
the purpose of the Noosa North Shore Locality Code.
6.2.1 Table 10.8 – Specific Outcomes and Probable Solutions
Under Table 10.8, there a number of specific outcomes that are relevant to the assessment, which
are discussed below.
Amenity (O1):
The proposed development for some of the existing dwellings to be used as dwellings and for
visitor accommodation purposes will not cause significant adverse amenity impacts upon other
users of associated, adjoining or neighbouring properties, in terms of noise, light, accessibility or any
other conditions. The proposed development complies with the specific outcome.
Maximillian Road and Beach Road (O2):
The proposed development is for the some of the existing dwellings to be used for Detached
Housing, in conjunction with the existing visitor accommodation use on the land. Consequently, no
Page 18
Page 19
15006 – North Shore Beach Houses June 2016
building work is proposed and the development will not affect any vegetation on the land or the
function of the road network. The proposed development complies with the specific outcome.
Built Form (O3, O4, O5 & O8):
The above specific outcomes relate to density, height, building setbacks and roof form. Given the
propose development makes use of the existing dwellings with no further building work being
proposed, the proposed use does not affect the existing density, height of buildings, building
setbacks or the existing roof form. The proposed development has density compatible with the
surrounding development, is low rise and will not adversely impact upon the existing vegetation and
will have a low site impact generally. The proposed development complies with the specific
outcome.
Fencing (O6):
The proposed development does not propose any fencing and is consistent with the existing
development on the land. The proposed development complies with the specific outcome.
Flooding and Drainage (O7):
The proposed development is not affected by flooding and is for the use of the existing dwellings
on the land with no building work being proposed. The proposed development complies with the
specific outcome.
Environment, conservation and recreation (O9, O10 & O11):
The proposed development will not have any adverse impact upon biodiversity, native vegetation,
native fauna habitat, landscape quality, water quality or cultural heritage values. The proposed
development will also have no impact upon the Noosa trail network. The proposed development
complies with the specific outcomes.
6.2.2 Division 14 – Specific Outcomes Visitor Mixed Use Zone
There are a number of specific outcomes that apply to land included in the Visitor Mixed Use Zone.
These outcomes are discussed below.
Consistent and Inconsistent Uses (O21 & O22):
The proposed development is for a number of the existing dwellings to be used for detached
housing; however the use of the land for visitor accommodation will also remain. It is noted that the
existing use would be defined as Visitor Accommodation Type 4 Conventional, which is an
inconsistent use in the Mixed Used Zone, which is odd. It is accepted that a Detached Housing use is
also an inconsistent use.
While it could be argued that the Visitor Mixed Use Zone is intended for visitor accommodation
only, the overall outcomes do not specifically preclude other residential uses in the zone. Further,
the current visitor accommodation use on the land is not a consistent use, which seems odd. While
the approval predates the planning scheme, development has existed on the land for a number of
years, but the planning scheme has not been amended to reflect this use.
The matter of how the Visitor Mixed Use Zone is treated in other localities is relevant in my opinion
and is discussed further below. The planning scheme when read as a whole is not consistent and
Page 19
Page 20
15006 – North Shore Beach Houses June 2016
there are no specific provisions that prevent a mix of appropriate uses occurring on the subject land,
other than the above. The Visitor Mixed Use Zone by its name suggests a multitude or mix of uses,
which is the case in other localities. It is accepted that the intensity and scale of development should
appropriately reflect the nature of the locality on the Noosa North Shore and this will not be
changed by the proposal.
It is intended by the proposal that the land be used for visitor accommodation and in part for
detached housing. The development on the land as a whole is able to retain the same level of
accommodation, while allowing for market forces to determine the most appropriate use on the
land. Further, the development does not impact upon the distinct open space values of the Noosa
North Shore. Consequently, while the proposed development might not be entirely consistent with
the specific outcomes above, in my opinion, the development on the land as a whole does not
seriously offend the overall outcomes or the purpose of the Noosa North Shore Locality Code.
Effects of Use (O23 & O24):
It is accepted that the proposed development is not for visitor accommodation; however this use
will be maintained on the land within the existing built form with no adverse impact upon the
existing landscape treatments and vegetation buffer areas. Further, the existing visitor
accommodation on the land does not provide for any community facilities or Entertainment and
Dining uses.
It is noted that specific outcome O24 seeks to provide for a mixed use development, incorporating
dwelling units or accommodation units, yet Visitor Accommodation Type 4 Conventional Types 1 &
4 are not supported as a consistent use in the zone. Further, this outcomes refers to mixed use
development and is not purely visitor accommodation. The proposed development seeks to allow
detached housing within the existing dwellings, which adds to the mix of uses to be provided. The
existing development on the land does not include other business uses.
The proposed development will result in a mixed use development and does not offend the specific
outcomes.
Built Form (O25, O26 & O27):
The proposed development being for an additional use in the existing dwellings will not have an
impact upon the existing streetscape character or visual amenity of the locality.
Specific outcome O27 refers to Lot 2 on RP135678; however this land is located to the north of the
subject land and contains the existing North Shore Hotel and other visitor accommodation uses and
is not relevant to the assessment. This is particularly the case given the preliminary approval over the
land has now lapsed.
6.3 Overlay Codes
The subject land is potentially affected by a number of overlay maps including:
• Biodiversity Overlay being partly included in the Environmental Protection Area;
• Natural Hazard being partly included in the Medium Bushfire Hazard Area and acid Sulfate
Soils (High Potential Acid Sulfate Area 0-5m AHD).
Page 20
Page 21
15006 – North Shore Beach Houses June 2016
Refer Table 1 below.
Table 1
Overlay Map Legend
Biodiversity Overlay Map
Natural Hazard: Bushfire & Acid
Sulfate Soils
While the above overlay maps apply to the land, in this case the proposed development does not
involve any new building work, being an alternative use for the existing dwellings. Consequently, the
matters of vegetation removal, bushfire management and the management of acid sulfate soils have
been dealt with under the former preliminary approval and subsequent development permits for
material change of use.
6.4 Other Codes
The other code that would ordinarily be considered include the Detached House Code. Again an
assessment against this code is of little benefit given that the proposed development seeks to utilise
the existing dwellings on the land with no other building work being proposed.
The overall outcomes are the purpose of the Detached House Code. The overall outcomes sought
by the Detached House Code are to ensure that detached houses:
a) only occur on land that is suited for the intended form of development and the occupation and
use of the building and site by the residents.
b) are only developed on land which is not located in the vicinity of land uses:
Page 21
Page 22
15006 – North Shore Beach Houses June 2016
i. which would adversely impact the occupation and use of buildings and the site by the
residents; or
ii. which would result in the residential development preventing or inhibiting the conduct
of existing land uses.
c) are attractive and consistent with the developed character of the particular neighbourhood;
d) retain the natural landscape character and visual quality of hill slopes and ridgelines;
e) offer high levels of amenity, safety and security for the occupants;
f) have an adequate supply of water;
g) where not in a sewerage service area, effluent disposal systems are designed and sited to
minimise adverse effects on the environment; and
h) avoid adverse impacts on environmental values including environmentally sensitive areas.
The proposed development is consistent with the specific outcomes, overall outcomes and purpose
of the Detached House Code.
Other development codes such as the Engineering Works Codes are also relevant; however have
also be satisfied given the nature of the proposed use within an existing development.
Consequently, these other codes do not need to be considered further.
7. Key Planning Issues
The key planning issues relevant to the assessment relate to the following:
• the current use of the land;
• the intentions under the former preliminary approval;
• the appropriateness of the current development;
• other Visitor Mixed Use Zones;
• impacts upon amenity; and
• economic benefit.
These key issues are discussed below.
7.1 Current Use of the Land
The subject land forms part of a number of parcels of land either adjoining or in close proximity to
one another, that were the subject of a preliminary approval and sought an integrated mixed use
development. This development was to provide primarily visitor accommodation and other facilities
for tourism purposes in accordance with the Noosa North Shore Eco-Tourism Portal Development
Code. A number of subsequent development permits issued for the construction of the eco-cabins
(dwellings) on the subject land as well as other facilities to be provided on the North Shore Hotel
land described as Lot 2 on RP135678.
The preliminary approval has now lapsed and is at an end. It is understood that the development
company responsible for the development of the land under the preliminary approval fell into
receivership with parts of the land subsequently being sold separately. Consequently, it is highly
unlikely that the development envisaged under the preliminary approval will ever be realised.
Page 22
Page 23
15006 – North Shore Beach Houses June 2016
It is important to note that while the development has now been constructed for a number of years,
according to some of the existing owners, the development has never preformed as intended.
Advice has been obtained from some of the owners who have advised that the development is
preforming well below expected standards.
The applicant has provided the following advice about the development:
1. BRHH has proven not to be viable or economically sustainable. After 7 years, the holiday rentals
are still only approximately 18% occupancy per annum for the 22 houses in the rental pool.
2. Visitors to Noosa come mainly to enjoy Noosa attractions. The original project here intended a 7
day restaurant and regular shuttle buses to Hastings Street. Noosa North Shore has no
restaurants or coffee shops (for the majority of the year the hotel is only open from Friday
lunch to Sunday lunch);
3. The cost and time restrictions of the ferry mean that for most of the week, visitors cannot go to
shows, movies or even stay late at restaurants because they cannot necessarily guarantee return
with the time limits imposed;
4. Fishermen and beach goers prefer to caravan, camp or rent a cabin and are not prepared to pay
for a 3-4 bedroom luxury home;
5. It is also a fact that owners in homes will have holiday visitors staying. In fact, in many cases the
visitor occupancy may be greater than the purely rental homes. Plus the fact that people hosting
the visitors will no doubt accompany them to restaurants and shops;
6. We would also like Council to be aware that when Council removed the condition that occupancy
be limited for owners, people purchased their homes believing that they could live there (as is
evidence by copies of some of the sales literature enclosed);
7. In the past, the complex has experienced fires lit and damage done plus party groups getting out of
control. Some residents would provide added security in these circumstances;
8. Residents are likely to have far more interest and pride in preserving the environment than holiday
makers;
9. It is believed that a mix of uses would keep this complex alive and vital.
It is accepted that the matter of viability is not a relevant planning issue; however the above
occupancy rate being between 15% – 20% is low and it is reasonable to suggest that the
development as whole has not preformed as expected. Further, this is not likely to change given the
nature of the use, being relatively large dwellings on individual allotments and is not budget or
holiday accommodation, which is what was intended for the land.
Page 23
Page 24
15006 – North Shore Beach Houses June 2016
7.2 Appropriateness of the Current Development
The existing development on the subject land has never contained facilities normally expected for
specific visitor accommodation such as a resort development. The current development provides
ancillary facilities normally expected in a group housing development, including a recreation club
area in common property comprising outdoor pools and a spa, barbecue areas, games room,
community meeting room and amenities. The existing development on the land is not a typical
resort development and does not provide for budget accommodation.
The existing development does not contain any Entertainment and Dining uses or conference
facilities that would normally be provided and expected with resort developments, such as the
“Viridian Noosa Resort” at Noosa Heads or the “Ivory Palms Resort” in Noosaville. Each of these
developments also have different locational advantages being within close proximity to the main
coastal area of Noosa, having greater accessibility to patrolled beaches, commercial uses and other
facilities and services.
Another significant difference between the existing development and other normal resort
developments is that the purported eco-cabins are in effect, large architecturally designed dwellings,
mostly 2 storeys in height each contained within separate freehold allotments. These existing
dwellings are not cabins, which according to the planning scheme is defined as … a free standing
building, not exceeding 100m² in gross floor area and not including a laundry, used for overnight or
holiday accommodation.
The existing development is really a group housing development that has been restricted by the
conditions of approval to be used for visitor accommodation purposes only. Because of the
conditions imposed, the current use of the land is best defined as Visitor Accommodation Type 4
Conventional, which is not a consistent use in the Visitor Mixed Use zone. The development as
constructed would ordinarily be defined as Multiple Housing Type 4 Conventional.
Having regard to the nature of the development, the location on the Noosa North Shore with
restricted access and that the preliminary approval has lapsed, it is suggested that the current
development is unlikely to ever operate as originally intended. In my opinion, the existing
development should not have been allowed in its current form and does not represent the intended
use of the land under the former or current planning scheme. Further, from an economic
perspective, it is highly likely that allowing more flexibility with the type of residential uses on the
land will increase the occupancy rate generally, which will have benefits for the long term
sustainability of the development and improve the local economy on the Noosa North Shore.
7.3 Other Visitor Mixed Use Zones
In this case it is relevant to consider the Visitor Mixed Use Zone and other provisions under the
planning scheme that are relevant in the assessment. This is particularly the case given that an
assessment is required against the whole of the planning scheme.
The Visitor Mixed Use Zone applies to a number of localities within Noosa and not just the Noosa
North Shore Locality. In other locations such as the Noosaville Locality, the provisions under the
Page 24
Page 25
15006 – North Shore Beach Houses June 2016
Visitor Mixed Use Zone provide for a range or mix of uses, which includes a range of residential
uses, including Detached Housing and Multiple Housing Type 4 Conventional, as well as providing
for a range of Visitor Accommodation and other Business uses. These and other residential uses are
consistent uses in the zone. This is also the case for the Noosa Heads Locality, which has similar
provisions.
The Eastern Beaches Locality also includes land in the Visitor Mixed Use Zone; however, this is
treated differently. Under the relevant provisions for the Mixed Use Zone, the only residential use
that is consistent in the zone is Visitor Type 4 Conventional. No other residential use is envisaged on
the land. This is despite, the overall outcomes for the Visitor Mixed Use Zone under the Code
providing for Multiple Housing, which is odd. It is also noted that the land included Visitor Mixed
Use Zone has been approved for a Multiple Dwelling use; however it is accepted that this approval
might have predated the planning scheme. Despite the above, the planning scheme has never been
amended to reflect the use on the land.
It should be noted that even if this land was to be used for visitor accommodation, a new
development approval is technically required, despite the development being constructed. Further,
this could be the case for a number of existing residential uses, currently used or intended to be
used for visitor accommodation, which were previously used for permanent residential living
because there is a change in use.
Therefore despite the Visitor Mixed Use Zoning being applied across the Noosa Area as a whole, the
allowable uses vary, which is odd for a land use zoning. It is accepted that a planning scheme may
include specific provisions for particular sites; however it is unusual for the same zoning to be
applied to land across a local government area, but for that zoning to not have the same planning
intent. In my opinion, when reading the planning scheme as a whole, the Visitor Mixed Use Zone
intends a range of uses that compliment one another and should provide for a range of residential
uses along with some business uses to provide for an integrated or mixed use area. It is accepted
that under other provisions the scale and intensity of development should reflect the character of an
area, which is particularly relevant to the Noosa North Shore.
It is accepted that the Council is trying to maintain some sites in the Noosa area to be used purely
for visitor accommodation purposes, some of which are historic. This applies to a handful of sites
that seek to protect the land for resort developments and include the ‘Viridian Noosa Resort’ in
Viewland Drive and parts of the ‘Settlers Cove’ development in Serenity Close. This is also the case
for the existing ‘Ivory Palms Resort’ in Hilton Terrace.
It is noted that all of these developments are located in the Attached Housing Zone and not the
Visitor Mixed Use Zone. The notion of protecting some key resort development sites is supported;
however the subject land has not been developed or could now not be developed for a resort.
Further, there are no specific provisions for maintaining the land for a resort development that apply
to the subject land. Consequently, having regard to the above, given the current occupancy rates
and the nature of the existing development, alternative uses should be considered, at least in part.
Page 25
Page 26
15006 – North Shore Beach Houses June 2016
7.4 Impacts Upon Amenity
It is important to note that the existing dwellings are contained within existing allotments, which are
separated. While there is potential for some adverse amenity impacts to occur between visitors and
the dwellings being used for permeant residency, this is unlikely given the nature of the use and the
relative low density, the amount of separation between the dwellings as well as no other commercial
uses being located on the land that could cause land use conflict.
It is also noted that the current proposal does not remove or relinquish the existing visitor
accommodation approval on the land and will continue to apply to all dwellings. In effect the use of
the land will be for mixed use purpose and will be generally compatible with one another. It is
accepted that the absence of any adverse impacts is not necessarily a ground to allow the
development, but is nevertheless is a matter that should be considered.
7.5 Economic Benefit
It is accepted that the use of land for visitor accommodation purposes in the Noosa area has
economic benefits in terms of generally providing a higher daily spend from visitors than permanent
residents. This equates to making more use of restaurants, shops and other tourist facilities, which is
beneficial for the broader community.
In terms of the resort properties mentioned above, these developments also provide for significant
employment opportunities, which is accepted. Given the low occupancy rate for the subject site,
which is most likely due to the nature of the development being expensive dwellings and not cabins
on individual allotments, the isolated location on the North Shore having restricted access to other
urban areas and services, it is likely that there will economic benefit in allowing some the dwellings
to be occupied for longer periods for permanent residential living.
While the daily spend by residents is typically less than that of visitors to the area, the daily spend by
residents is sustained over a longer period of time. It is highly likely that in the long term this
provides greater economic benefit, at least until the market for visitor accommodation improves, if
at all for this type of development.
It is important to note that not all of the dwellings are intended to be used for the detached
housing, which means that the remainder of the dwellings could continue to take up the existing
visitor occupancy rate. Should the market change, the dwellings with the additional use rights for
detached housing, can also be used for visitor accommodation.
The current development is relatively expensive to maintain with the body corporate fees being
significant. If the current occupancy rate does not improve, then there could be some risk in that the
development may not be sustainable in the long term, which is an important consideration for the
development as a whole.
In my opinion, the current approval prevents flexibility to use some of the dwellings for permanent
occupancy, when the market forces should determine the highest and best use of the land. This is
the case for other unit developments in Noosaville and Noosa Heads localities, whether in the
Visitor Mixed Use Zone or not.
Page 26
Page 27
15006 – North Shore Beach Houses June 2016
It is understood that currently, some of the dwellings are occupied by persons who have other
primary places of residency and stay in the dwellings and entertain guests and family on a regular
basis. It must be acknowledged that this is also important for the local economy. It is understood
that the existing hotel on the Noosa North Shore mainly operates from Friday to Sunday. It is
suggested that if more persons are able to reside in some of the dwellings, then the local economy
should be improved.
It is accepted that if the proposal is allowed that the dwellings could be used for permanent
residency and may not be used for visitor accommodation. In my opinion, this will be subject to
market forces. Some of the owners will make a commercial decision about the type of use in order
to obtain the best return on their investment, as is the case in other coastal localities. The approval
of the proposed development will not change the ability to use the dwellings for visitor
accommodation under the current approval.
8. Viridian Noosa Judgement
It is also of some relevance to consider the recent judgment made by the Planning & Environmental
Court with respect to Viridian Noosa Pty Ltd v Sunshine Coast Regional Council matter.
In this case the appellant sought to remove the restriction on the current approval that provides for
premises to be used for visitor accommodation only and sought the use of the dwelling units for
permanent residency. Further, the appellant sought to allow for additional choice and flexibility for
which there was considered to be some community need.
In this case the land is included in the Attached Housing Zone under the planning scheme, which
specifically provides other provisions that seek to prevent other forms of residential uses, including
multiple dwelling. This is despite the land being included a residential zone rather than the Visitor
Mixed Use Zone.
It is accepted that in this case specific provisions have been included in the planning scheme that
seek to maintain the land to be used for temporary visitor accommodation only, which is not the
case for the subject land. Consequently, the Court found that the economic benefits were not
sufficiently weighty to be worthy to amount to sufficient grounds to overcome conflict. Further, the
housing aspect was discounted on the basis the beneficiaries are likely to be a privileged few. It is
also noted that it was suggested by the Court that an outcome by reducing some of the units being
granted the expanded use right might have been worth considering, but nothing came if those
suggestions.
While the same reasoning might be found for this application, the site is completely different to
‘Viridian Noosa’ development at Noosa Heads. This is because the development is comprised of
dwellings on individual allotments and are not cabins or dwelling units, with some communal
facilities being provided, but are not typical resort facilities and have limited access to other business
uses, infrastructure and services.
Page 27
Page 28
15006 – North Shore Beach Houses June 2016
The Judgement also provided that another ground, which might have been relevant in this case is
that had there been evidence that the planning scheme’s vision for the site was not being realised
and is incapable of being realised and the accommodation, which would plainly be highly favourable
for permanent residential use, was simply going to waste because the tourism market was such that
it couldn’t be used, then the community’s abhorrence of such waste would mean that a ground, in
terms of public interest in avoiding it, might be established as opposed to matters dependent on
the personal circumstances of an applicant owner or interested party.1
In this case, the above ground is relevant for a number of reasons, including:
• the existing development on the land was established under a preliminary approval that
allowed for the Noosa North Shore Eco-Tourism Portal Development Code as an integrated
development, which has now lapsed and can’t be realised;
• the existing Visitor Mixed Use Zone allows for limited residential uses those being Visitor
Accommodation Type 2 Caravan Park, Type 3 Rural or Open Space Type 2 Camp Ground, all
of which could not now occur on the subject land and are now likely to occur on the
adjoining land;
• the existing use on the land, which would be defined as Visitor Accommodation Type 4, is
not a consistent use within the Visitor Mixed Use Zone in this locality and other uses are not
available in this zone;
• the existing development has never been an appropriate for visitor accommodation because
of the nature of the development, with a limited number of the existing dwellings currently
being used for this purpose;
• the existing development is essentially a group housing development comprised of relatively
large dwellings on individual allotments, which are not budget accommodation and are
generally not suited for visitor accommodation on the Noosa North Shore;
• the existing development provides little community benefit because it is not a resort, has no
other associated business uses and has low occupancy rates;
• while the development has some existing communal facilities that can be used by patrons,
the development has no typical resort style facilities such as a restaurant or conference
centre that would be normally expected and would provide substantial community benefit
and encourage higher occupancy rates; and
• while the site has been used previously for a limited number of weddings and functions,
there is no development approval for this use on the land, which would require body
corporate consent and there are limited on site facilities to cater for this type of use.
In summary, the existing development on the land occurred under a preliminary approval that was
to provide for an integrated development over all of the land included in the Visitor Mixed Use
Zone; however this approval has lapsed. While the land is currently used for visitor accommodation,
this use is also not consistent with the planning scheme. It is evident that the use of the land for
visitor accommodation has not been constructed for this purpose and consequently has not
operated as expected.
In my opinion, the existing development on the land has not operated in accordance with
community expectations and this will not change significantly in the long term given the nature of
1 Viridian Noosa Pty Ltd v SCRC (2013) QPEC 54, Clause 40
Page 28
Page 29
15006 – North Shore Beach Houses June 2016
the use. Further, if some flexibility is not provided with the existing use on the land, some of the
existing dwellings and infrastructure could be at risk in the long term, which is not a desirable
planning outcome.
9. Conclusion
The proposed development seeks to allow 19 of the existing dwellings (eco-cabins) on the land to
be used for Detached Housing; however this would not prevent the dwellings from also being used
for visitor accommodation under the current approval, as a mixed use development. Even if the
proposal is allowed, the majority of the dwellings on the land (29 off) will continue to be used purely
for visitor accommodation purposes and meet current and likely future demand.
While the land is included in the Visitor Mixed Use Zone, there are no specific provisions that seek to
protect the site for a resort development. It is acknowledged that a specific outcome seeks to limit
residential uses to a selected number of visitor accommodation uses, which are suitable for the
Noosa North Shore Locality; however none of these uses can now be achieved on the subject land.
In other areas of the Noosa area, the Visitor Mixed Use Zone seeks to provide a healthy mix of uses
that provide for multiple housing, visitor accommodation and some business uses in the same
location. In my opinion, the intended mix of uses for the Visitor Mixed Use Zone should be
consistent across the planning scheme area. Further, if Council seeks to maintain particular uses at
certain sites, as it has done for some resort developments, then specific provisions should be
provided to meet those intended outcomes.
In this case the existing development is not budget accommodation for visitors and is essentially a
group housing development, which is being restricted for visitor accommodation use only. Because
of the condition imposed, the existing use would be defined as Visitor Accommodation Type 4
Conventional, which is not consistent use in the Visitor Mixed Use Zone. In my opinion, the
development as constructed is akin to a multiple housing development (Type 4 Conventional) and
does not meet the intent of the planning scheme or community expectations for the locality.
The existing visitor accommodation use has a significantly low occupancy rate in the order of 15 –
20%, with only about 22 of the 48 dwellings being in the rental pool, with about 6 other dwellings
being rented privately. According to a number of the property owners the existing development is
not currently viable or economically sustainable in the long term, without more flexibility being
provided.
This proposal will not cause adverse amenity impacts and within or off the site given the amount of
separation between the dwellings and that there are no other associated business uses on the land.
Further, allowing for some of the dwellings to be used for detached housing, would improve the
long term economic sustainability of the site and provide additional economic benefits to the Noosa
North Shore Locality. This is in terms of the cost of providing the necessary infrastructure and
upkeep of the land as a whole and improving the local economy generally.
It was intended that the subject and adjoining land be developed as an integrated development for
visitor accommodation under the Noosa North Shore Eco-Tourism Portal under a preliminary
Page 29
Page 30
15006 – North Shore Beach Houses June 2016
approval, which has now lapsed. The land was placed in the hands of receivers subsequently sold
separately. Consequently, the development of the land as a whole can not be realised and is not
consistent with the intent of the planning scheme.
Given the nature and location of the Noosa North Shore, the type of visitor accommodation that
should have been provided on the land is cabins or dwelling units in the form of budget
accommodation, along with caravans or other camping opportunities. Other facilities could then
have been provided compliment this type of development. This is the intent of the current planning
scheme, which is supported.
The subject land is now included in the Visitor Mixed Use Zone; however this zone as applied to the
Noosa North Shore Locality is not consistent with the planning scheme as a whole. While the
proposed development for detached housing is not a consistent use in the Visitor Mixed Use Zone,
the proposal does not seriously offend any of the overall outcomes of the Noosa North Shore
Locality Plan or compromise any of the desired environmental outcomes under the planning
scheme.
The limitation placed on the development to prevent permanent residential living in the existing
dwellings is not reasonable in this instance. This is because the current restriction for visitor
accommodation reduces the community benefit, the long term sustainability of the development as
a whole and does not allow for additional housing choice.
To the extent there is any conflict with the planning scheme it is minor and of a technical nature
only. In any event, there are grounds that are sufficient to overcome this level of conflict including:
• the development of the subject and adjoining land that was intended to become an
integrated tourist development under the preliminary approval can now not be realised
because the preliminary approval has lapsed;
• the existing development on the land cannot meet current objectives under the planning
scheme because of the nature of the built form and some flexibility with the land uses is
required to make the development as a whole more sustainable;
• the proposed development will provide for additional housing choice and will be of
economic benefit to the local community, given the poor occupancy rate for visitor
accommodation on the land, which is not likely to change significantly in the future;
• the approval of the proposed development is in the public interest given that current
development on the land is not likely to be sustainable in the long term and an alternative
solution should be considered as least in part, that does not compromise the ability for the
site to be used for visitor accommodation in the future when market demand improves.
Shane Adamson (BEngTech, GDURP, MPIA)
Town Planning Specialist
Director of Adamson Town Planning Pty Ltd ATF
Page 30