Viridian Planning Report 27 Nov 2013 [A] · 132006.823.07

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    •   The refusal was appealed but later withdrawn when the applicant decided to pursue an appeal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.