MCU12/0023 Development Application Part 2 of 2 Town Planning Report

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Since the closure of the Peregian Beach Caravan Park, the greater site (being the whole of Lot 77 on SP231615)
has been the subject of a number of development applications/approvals as follows:


         Development Permit for Material Change of Use (Visitor Accommodation Type 4:Conventional,
         Commercial Business Type 1: Office, Retail Business Type 2: Shop and Salon, and Entertainment and
         Dining Business Type 1: Food and Beverages) issued by the Planning and Environment Court on 12
         February 2010 (Appeal No. 2587 of 2009);


    n    Generally in Accordance advice from Council dated 7 July 2010 incorporating minor changes consistent
         with the aforementioned Court approval;


    n    Development Permit for Reconfiguring a Lot (4 lots into 1 lot into 3 lots) issued by Council on 29 October
         2010 (note: this approval has not yet been enacted);


         Permissible Change to Development Permit for Material Change of Use (Visitor Accommodation Type 4:
         Conventional, Commercial Business Type 1: Office, Retail Business Type 2: Shop and Salon, and
         Entertainment and Dining Business Type 1: Food and Beverages) issued by the Planning and Environment
         Court on 24 January 2012 (Appeal No. 4783 of 2011). The key change resulting from this approval was to
         split the development into three stages, with the commercial/retail/visitor accommodation building
        fronting David Low Way (and its associated driveway and carparking) comprising Stage 1.


The application for permissible change included the current proposal which is for changes to the commercial
building in Stage 1 to include the addition of juliette balconies to the visitor accommodation and the addition of
outdoor dining to the restaurant. However, the Court ruled that these components did not meet the criteria for a
permissible change under section 367(1)(c) of the Sustainable Planning Act 2009 as they were likely to attract a
submission.


In issuing his ruling on 10 February 2012, the Planning and Environment Court Judge advised that, on merit, the
proposed juliette balconies and outdoor dining were supportable. It is these two components that now form the
subject of this development application.




The current Material Change of Use development approval over the site incorporates the following uses within
each stage (refer to drawing no. TP1001 at Appendix A for Site/Staging Plan):


Stage 1:
    n Commercial building fronting David Low Way, including 306m2 of restaurant and 387m2 of retail on the
        ground level and 58 bed visitor accommodation on the upper level; and
    n    Rehabilitation and dedication of park/environmental reserve at the rear of the site.




 PLANNING REPORT - Revision A                         215A - 219 David Low Way, Peregian Beach                        5