NSRRA CYC Submission Ref -131998.981211.5

    (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,
                                                                                                                        Page2




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]