06/0823 - Proposed change to development approval · 132006.823.04

Sunshine Coast Regional Council
7 November 2008

 

 

appreciation of this case leads inescapably to the conclusion that, even if the proposed shelter
is erected, essentially the use of the Club premises remains the same, that use being for lawn
bowling on a green that can accommodate no more than 64 players at the one time.”

The dichotomy between the definitions of “multiple housing’ and “visitor accommodation’ and its
application to the subject land appears to reflect a policy decision by the Council to discourage
permanent residency in proximity to Hastings Street, notwithstanding the fact that there are
numerous existing multiple dwelling buildings with no such restrictions which continue to contribute
to the tourist accommodation pool. The distinction does not, however, change the nature of the use,
nor does it preclude those policy issues from being considered in the context of dealing with
requesis to change the development approval in the manner proposed. The simple point to be
made here is that it is unnecessary for a fresh application for a development permit for material
change of use over the whole development to be made in order for the Council to decide whether
the permanent residency restriction ought to be lifted in respect of the 54 villas and penthouses.

The requests under ss 3.5.24 and 3.5.33 need to be re-made in the correct form. However before
doing so we understand that our client wishes to discuss the content of this letter with the Council.
Consequently we understand that this letter will be hand delivered to the Council by our client.

Yours faithfully

Wel bstt>

HopgoodGanim Lawyers

Contact: David Nicholis
Partner
T 07 3024 0368
F 07 3024 0068
E [email protected]

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