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NSRRA CYC Submission Ref -131998.981211.5
Attached to the e-mail PM Submission - Adrian Williams (President Noosa Shire Residents and Ratepayers Assoc.) - 131998.981211.5.
Noosa Shire Council PO Box 141 Tewantin QLD 4565 By email: [email protected] Date: 26 April 2023 Re: Public Consultation for Application Ref: 131998.981211.5 Change proposed to a “Development Permit for Other Change to include an Undefined Use (Group Farm Stay Accommodation and Associated Infrastructure)” at 59 Kabi Road, Cootharaba: Lot 394 on M371117, Lot 7 on RP216403 and Lot 650 on M37380 To whom it may concern, Noosa Shire Residents and Ratepayers Association Inc (NSRRA) makes this submission regarding the Christian Youth Council (CYC) application for a ‘Change proposed’ to a ‘Development Permit’ for a 300-person tourism accommodation facility in the Noosa Hinterland. NSRRA Noosa Shire Residents and Ratepayers Association is a volunteer, not-for-profit community organisation operating for the benefit of residents and ratepayers in Noosa Shire. NSRRA has a proud history of advocating on behalf of the community, hosting public forums, petitioning, and lodging submissions on matters of importance to members and residents. Executive Summary NSRRA requests Noosa Shire Council refuse the CYC application on the following grounds: 1. The ‘Existing Approval’ the applicant seeks to ‘change’ lapsed in 2011, when a previous owner closed the business and thereby ceased the “Use” pursuant to the original Development Permit. 2. The scale of proposal conflicts with the acceptable outcomes for development in the Rural Zone, as described in the Noosa Plan 2020. 3. The applicant failed to prove an overriding need in the public interest for the development, which would overcome its conflicts with the Noosa Plan 2020. Page1 Noosa Residents & Ratepayers Association Inc President: Adrian Williams JP PO Box 94 Ph: 0418477089 Noosa Heads Queensland 4567 E-mail: [email protected]
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(1) Lapsed Approval
When the golf course closed and its ancillary uses ceased in 2011, the NSRRA believes the ‘operator’ failed to
maintain compliance with their original development permit conditions for an ‘Integrated Permaculture Designed
Organic Orchard and Golf course Complex (18 Holes)’.
Town Planning Conditions:
(43) The approval of the Sport and Recreation (golf course) component of the Integrated Permaculture Designed
Organic Orchard and Golf Course Complex, is only valid for as long as the Agriculture use (Permaculture) is
undertaken on the site. The Sport and Recreation (Golf Course) use, and ancillary uses, lapse if the Permaculture use
ceases on the site.
(54) This Development Permit for a material change of use of premises lapses if:-
(54.2) the use of any premises pursuant to the Development Permit ceases.
Considering Council raised this matter with the Applicant during the DA process, NSRRA has concerns at the
legitimacy of an application which proposes a ‘change’ to an already lapsed Development Permit, without
resubmitting a Material Change of Use (MCU) to re-establish the ‘existing use’.
Whilst avoiding resubmission of an MCU and possible State advice agency referral may simplify the DA process for
the Applicant, considering the significant time elapsed since the sport, recreational and ancillary uses were active,
NSRRA contends it is appropriate for Council to require a renewed MCU application.
NSRRA believes closure of the entire Kabi Organic Golf Course and Orchard operation was widely acknowledged in
2011, with details published in local newspapers after the gates closed.
NSRRA understands Council were made aware of this at the time.
(2) Noosa Plan 2020 Conflicts
NSRRA contends the scale and layout of CYC’s proposed 300-person accommodation facility and associated
infrastructure is excessive and conflicts with the Noosa Plan 2020.
The significant scale of this proposal on land zoned Regional Landscape and Rural Production area (RLRPA) with an
Agricultural Land Conservation Area (ALCA) overlay, places it in conflict with the:
• Rural Zone Code 6.8.3.2. and Rural Zone Table 6.8.3.3.
• Visitor Accommodation Code 9.3.5.3 Performance Outcomes
NSRRA believes the CYC proposal exceeds a scale and intensity that could be reasonably considered ‘compatible with
the intent of the zone and the preferred character of the local area in which it is located’.
NSRRA believes the extent and style of the CYC proposal would significantly alter the sites character and impacts,
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particularly when compared to the original Kabi Golf Course and Orchard approval.
Noosa Residents & Ratepayers Association Inc President: Adrian Williams JP
PO Box 94 Ph: 0418477089
Noosa Heads Queensland 4567 E-mail: [email protected]
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Lot 650 M37380
NSRRA also has concerns the CYC application includes a 40-hectare parcel of land that wasn’t part of the original
Development Permit (Lot 650 M37380).
NSRRA considers this major expansion and deviation from the original approval represents a significant increase to
the sites scale and potential impacts.
(3) Overriding need in the public interest
NSRRA contends the CYC application failed to prove there’s an overriding need in the public interest for a Hinterland
short-term accommodation tourism facility of this scale.
NSRRA notes the considerable public backlash against the unprecedented expansion of short-term accommodation
approvals across the Shire.
Many people believe the last thing Noosa currently needs is more tourism, particularly with the industry already
finding it difficult to secure and accommodate staff.
Conclusion
NSRRA requests Council recommend for refusal of the Christian Youth Council application on the grounds:
• The applicant failed to resolve the matter of the ‘existing use’ approval being lapsed in 2011.
• The proposal is of an excessive scale and therefore conflicts with the Noosa Plan 2020.
• The applicant failed to establish an overriding need in the public interest for the proposal.
NSRRA thanks Council for the opportunity to provide input into this public consultation process. Should Council have
any questions regarding this submission, please do not hesitate to contact us. (Details provided below)
We look forward to your response.
Yours Sincerely,
Secretary
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Noosa Residents & Ratepayers Association Inc President: Adrian Williams JP
PO Box 94 Ph: 0418477089
Noosa Heads Queensland 4567 E-mail: [email protected]