06/0823 - Proposed change to development approval · 132006.823.04

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7 November 2008 Hopgood Ganim

Chief Executive Officer € © > ¥
Sunshine Coast Regional Council

PO Box 141

Tewantin QLD 4565

LAWYERS

Our Ref: 0739930 - David Nicholls

 

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Dear Sir/ Madam
Viridian Noosa Resort

We act for Leighton Properties Pty Ltd and have been instructed to correspondence with the Council
in relation to its reply of 31 October 2008 to our client's request to change the development permit
for the Viridian Noosa resort. Our client's letter requested a change to the development approval
specifically with respect to condition 23 of the approval which prevents the use of dwelling units
within the resort for permanent occupancy. The Council’s response in effect asks our client to make
a completely fresh application for material change of use in order to achieve removal of the
permanency restriction on the. 54 villas and penthouses referred to in your correspondence. Our
client believes, and we agree, that this objective can be achieved through changing the development
approval and that a fresh application for material change of use is not necessary.

The current development approval for the Viridian Resort permits a number of multi-unit dwellings to
be constructed which are designed for independent living. That is to say, by design and operation
there is nothing to distinguish those dwelling units from a penthouse or villa situated in some other
development where there is a mixture of both permanent and short term residents, i.e. holidays
lettings.

The introduction to the “visitor accommodation” subset of residential uses in the definition section of
the Planning Scheme defines “visitor accommodation” as follows:

‘Visitor accommodation means accommodation that is designed and predominanily
used for visitors to the shire and where social, recreational and dining services may be
provided for visitors by owners or staff. The term includes the following types: ... “

The 54 villas and penthouses identified in your correspondence with the Council have not been
designed for visitors. They have been designed as conventional large home units which can be
used for independent living with the option of being included within the jetting pool for the resort.

However the approved use in the development permit is described as “Visitor Accommodation —
Type 4 Conventional (Resort)”.

This use is defined as follows:

“Type 4 Conventional — two or more dwelling units or accommodation units, for the
purpose of providing short-term visitor accommodation. The use may include
common recreation or dining facilities and includes an ancillary dwelling unit for on-site
manager. The use: includes a guest house, visitor hostel, motel, resort and serviced rooms,

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