Town Planning Report - Development Application 90 Beach Road, Noosa North Shore 28 June 2016

                                                                        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.




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