Viridian Planning Report 27 Nov 2013 [A] · 132006.823.07

Page 2

BACKGROUND TO APPLICATIONS

The Noosa Plan provides that this part of the Viridian site should be predominately for short term
visitor accommodation .Condition 23 of the current approval restricts the development for use as only
visitor accommodation and prevents permanent occupation as set out in A below.

There has been a history of applications and representations by the developer, Viridian Noosa Pty Ltd
including:

    •   Refusal under delegated authority on 18 November 2009 of a change request application to
        amend this condition to allow occupation of 54 villas and penthouses on a long term basis –
        refer B below. As part of Council’s reasons it was claimed that the change represented a new
        use and as such could not under the provisions of the Integrated Planning Act [IPA] be
        processed as a change to a condition.

    •   The refusal was appealed but later withdrawn when the applicant decided to pursue an appeal
        on a separate development application (MCU10/2127) to allow permanent residency of 38
        villas and penthouses.

    •   The appeal was dismissed by the Planning & Environment Court in June 2013 with the reasons
        published on 25 September 2013. Judge Robin was of the opinion that the proposal had no
        negative impacts but the appellant’s case failed to show the Court that there were sufficient
        “public interest” grounds for the purposes of Section 326 of the Sustainable Planning Act [SPA]
        to overcome the conflict with the provisions of the planning scheme.

It is important to note, that the refusal in November 2009 and the appeal to the Court [decided in 2013]
were to allow permanent occupation which differs from this new application which maintains the
predominate use for resort accommodation and does not seek permanent residency rights for the
subject villa .The provisions of SPA would allow the change.

Noosa Springs Relevance

The Viridian site along with Noosa Springs and 5 other sites are identified in strategic planning for
Noosa as sites which should be protected for resort development. All 7 sites are in either in Attached
Housing or Semi-Attached Housing zones.

It has come to the notice of the Gowdies that in August 2007 Noosa Council agreed to a request from
the developers of Noosa Springs not to require a condition restricting permanent residency instead
relying on an obligation by the developers to promote a letting pool service for the management of short
term accommodation of all 155 units in the proposed resort component of Noosa Springs .A copy of
Ordinary Meeting Minutes of 30 August, 2007 is attached.

The basis of the representations made by Noosa Springs were essentially along the same lines as
those contained in this submission .This condition was later re-endorsed by Sunshine Coast Council
when it agreed to an extension of time to the currency period on 6 April 2011 [reference 05/1133].

It is inconceivable for Council to impose different conditions on Viridian given its Noosa Springs
approval .Current Sunshine Coast Cr Green participated in the favourable consideration on 30 August
2007 as did new Noosa Councillors Abbot, Wilkie and Pardon.

Page 3

Viridian Letting Services

Outrigger has a letting service available to owners and actively promotes the opportunity for short term
use. All one and two bedroom standard units [total 144 units] are leased to Outrigger for a term which
expires in 2035 or later. Income is pooled with owners’ use limited to 28 days in any year. The villa /
penthouse leases allow owners additional use rights. The income is not pooled.

Of the 39 villas and penthouses already sold to private owners all but 5 are currently leased by
Outrigger. These 5 are in a “lock-up” category and include Gowdie’s villa. The Gowdies occasionally
allow friends to use their villa for holidays but generally prefer to come and go without restriction as
they please.

Amendment to Condition 23 as set out in D below would satisfy the Gowdie’s use and be consistent
with what Council has allowed at Noosa Springs.

Page 4

CONDITION 23
1.   A. Viridian Approved Condition 23
     The Resort (comprising the Restaurant and Conference Room Facility Building V, Health Spa,
     Resort Accommodation Buildings (dwelling units & accommodation units), Reception Area and
     Shop) shall be operated and maintained as a Resort. The accommodation in the Resort will not
     be used for the purpose of permanent residential accommodation, with the exception of the
     Manager’s Accommodation. The resort shall operate in accordance with the defined use of
     ‘Visitor Accommodation - Type 4 Conventional’ in the Noosa Plan which provides for short term
     visitor accommodation. The community management statement for any or all bodies corporate
     having control of the Resort or any part thereof shall incorporate this condition.
     B. Viridian Change to Condition 23 – as sought 2009 and refused
     The Resort (comprising the Restaurant and Conference Room Facility Building V, Health Spa,
     Resort Accommodation Buildings (dwelling units & accommodation units), Reception Area and
     Shop) shall be operated and maintained as a Resort. The resort shall operate in accordance with
     the defined use of ‘Visitor Accommodation - Type 4
     Conventional’ in the Noosa Plan which provides for predominately short term visitor
     accommodation .Villas in Buildings A , B , C , E , F and                        Penthouse Units:
     9417,8601,8602,7501,7502,7503,7504,4201,4202,4301,4302,4401,4402,4501,4502 and the
     Managers Unit number 8201 as shown on Plan of Survey SP190823 may be occupied on a short
     and long term basis. All other dwelling units in the Resort may be occupied only for short term
     visitor accommodation. The community management statement for any or all bodies corporate
     having control of the Resort or any part thereof shall incorporate this condition.
     C. Noosa Springs Approved Condition
     The ancillary shops, restaurant, bars, business centre, boardroom, theatre, function room and
     other ancillary facilities shall be operated and maintained as a Resort. A letting pool service
     promoting and managing short term accommodation must also be established on site and made
     available to all owners of multiple dwelling units .The community management statement for any
     or all bodies corporate having control of the Resort or any part thereof shall incorporate this
     condition.
     D. Viridian Change to Condition 23 as now proposed
     The Resort (comprising the Restaurant and Conference Room Facility Building, Health
     Spa, Resort Accommodation Buildings (dwelling units & accommodation units), Reception Area
     and Shop shall be operated and maintained as a Resort. The Managers Accommodation may
     be occupied on a permanent basis. The community management statement for the body
     corporate having control of the Resort shall incorporate a condition:

               -   Requiring the accommodation and facilities to be operated and maintained as a
                   resort.

               -   Restricting the use of units and villas in Blocks A,B,C,D,E,F,G,H,I and villas
                   10101,10102,10103, 10104, 10106 & 10107 in Block J for permanent residential
                   accommodation.

               -   Requiring a letting pool service promoting and managing short term
                   accommodation to be established on site and made available to all owners.

Page 5

EXAMPLES OF OPERATIONS WITH NO IMPOSITION OF RESTRICTIVE CONDITION

A restrictive condition is not imposed on other resorts in the Hastings Street Precinct including the
Viridian Residences which adjoins the Resort .Of 348 units surveyed by KPMG in December 2012 in
that precinct there was only one unit occupied on a permanent basis, which is currently on the market
for sale and will most probably revert to short term use.

     Survey - KPMG - December 2012
                                                                  Number
                       Resort                   Location           Units       Permanents
                                           Little Hastings
         Viridian Residences               Street                         23           1
         Sebel                             Hastings Street               112           0

         2 Hastings Street                 Hastings Street                13           0

         Sandcastles                       Hastings Street                15           0

         Sea Haven                         Hastings Street                66           0

         Breakfree French Quarter          Hastings Street               119           0

         Totals                                                          348           1

JUSTIFICATION
.
The proposed changes to Condition 23 do not:

a)   Result in any change to the physical built form of the development
b)   Introduce any new use
c)   Result in new works
d)   Change the amenity impacts on and off site
e)   Result in any visual change to the development
f)   Cause external impacts
g)   Give rise to adverse submissions.
h)   Stipulate the availability of units for permanent occupation.

The changes direct the operator / manager through the Body Corporate to actively encourage owners
to avail themselves of on-site letting services.

PERMISSIBLE CHANGE

The change to the condition meets the test of being a Permissible Change for reasons that :
     •     it will not result in “substantially different development”
     •     nor require impact assessment,
     •     nor involve any concurrence agency
     •     nor likely to cause a submission to be made objecting to the change

Page 6

SUMMARY

There is no evidence that a restrictive condition is required to discourage permanent residency of
resorts in the Hastings Street Precinct including Viridian elements.

We ask that Council weigh up the merits of the Change to Condition 23 on the basis that:

    A. Council has established a precedent in regard to similar conditions imposed for the Noosa
       Springs Resort.
    B. The amended Condition results in a positive outcome by requiring promotion of the availability
       of short-term letting
    C. The amended Condition does not seek to reserve any units for permanent living other than the
        Manager’s Accommodation.
    D. The amended Condition maintains the financial objectives of the resort operator.
    E. The amended Condition does not detract from the tourism economy of Noosa
    F. The adoption of the amended Condition represents fair and reasonable obligations on the use
       of the resort
    G. The resort has been established and is achieving economic benefits for the Noosa economy.
    H. Approval of the Change of Condition 23 does not impact on the Court’s decision in relation to
       MCU10/2127.




.