06/0823 - Proposed change to development approval · 132006.823.04

Mr Wakefield Sykes.
Solicitor
Sunshine Coast Regional Councit

1 July 2009

 

¢ Kerri Coyle agreed to hold off processing the refusal to allow for further discussion with you
about your advice.

«® When asked whether an application for material change of use, if made, was likely to be
approved, Kerri Coyle indicated initially that she would be inclined to refuse it. The basis of her
position was that the requirement that the resort not be used for the purpose of permanent
residential accommodation reinforces the Council’s position that the accommodation should be
only for visitors. .

e Kerri Coyle offered a comment that the Hastings Street traders would be better off with holiday
visitors.

e Kerri Coyle indicated that she might have a different view if Viridian were prepared to nominate
in a condition where the restriction on permanent residency would not apply.

Based upon the above discussion, Viridian proposes to withdraw the current request to change the
development approval and make a fresh request. The fresh request contains additional items which
require adjustments to the approved plans, and to some of the conditions. The proposed condition
now expressly identifies the units which may be used for both short and long term residence.

Our client does not propose to wait until the Sustainable Planning Bill is enacted and commences,
because the timing is uncertain. Consequently the request is being made under sections 3.5.24 and
3.5.33 of the IPA on the basis that if section 3.5.33 is not applicable to some of the changes, they
will fall for consideration under section 3.5.24. This is consistent with the conventional view that
where section 3.5.33 is not applicable the proposed change to a condition, being a change to a
“development approval”, which includes conditions, may be dealt with under section 3.5.24.

| have requested Bob Borger to separately provide you directly with a copy of the new request for
changes which | understand will be lodged with the Council more or less contemporaneously with
this letter. | ask that you read the enclosed advice of 7 November 2008 in conjunction with my
comments below.

As discussed in my letter of 7 November, | do not regard the change to condition 23 as giving rise to
the start of a new use, nor as materially changing the scale or intensity of the approved use.
Therefore the change does not give rise to assessable development. However, because the request
now involves some minor changes to the approved plans, the request will need to be considered
under section 3.5.24 in respect of those matters.

In my view all of the changes to the plans are “minor” within the meaning of section 3.5.24, and the
changes to the other conditions now proposed do not give rise to assessable development.

The purpose of this letter is not to discuss the other changes to the approved plans or the
conditions, other than condition 23. Those changes speak for themselves in terms of the Council's
ability to deal with them under the request. Rather, this letter focuses on the changes concerning
the restriction imposed by condition 23 which involves the 39 villas and 15 penthouses identified in
the request submitted by my client. ,

Condition 23 is now proposed to read as follows:

“The Resort (comprising the Restaurant and Conference Room Facility Building V, Health
Spa, Resort Accommodation Buildings (dwelling units & accommodation units), Reception
Area and Shop) shall be operated and maintained as a Resort. The resort shall operate in
accordance with the defined use of ‘Visitor Accommodation — Type 4 Conventional’ in the
Noosa Plan which provides for predominately short term visitor accommodation. Villas in
Buildings A, B, C, E and F, Penthouse Unit numbers —

7417, 8601, 8602, 7501, 7502, 7503, 7504, 4201, 4202, 4301, 4302, 4401, 4402, 4501,
4502 and the Managers Unit number 8201 as shown on Plan of Survey SP190823 may be
occupied on a short or long term basis. All other dwelling units in the Resort may be
occupied only for short term visitor accommodation. The community management

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