MCU22/0118 – DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE – SHORT-TERM ACCOMMODATION AT 94 & 142 NOOSA DR, NOOSA HEADS · Report

PLANNING & ENVIRONMENT COMMITTEE MEETING                                       7 NOVEMBER 2023


outside of the mapped urban boundary is not consistent with Noosa Plan 2020 or community
expectations of development within the region.
The proposed development would result in an unacceptable loss of vegetation in a locality which
is ecologically important and environmentally sensitive, serves as an important ecological
linkage, and the proposed development is considered an overdevelopment of the land at the
expense of the sites natural values.
The proposed development has failed to demonstrate a significant planning need to develop
outside of Noosa Plan 2020's urban boundary, noting the density and intensity proposed and
the inconsistency with the local landscape character. Nor has any overriding community benefit
been demonstrated, which would justify approval despite its conflict with the planning scheme.
Approval of the proposed development would not be in the public interest as reflected in the
provisions of Noosa Plan 2020 referred to in these reasons for refusal.
The application is therefore recommended for refusal.
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee
Meeting dated 7 November 2023 regarding Application No. MCU22/0118 for a Development Permit
for Material Change of Use - Short-term accommodation, situated at 94 & 142 Noosa Dr, Noosa
Heads and:
A.   Refuse the application for the following reasons:
      1. The proposed development has failed to demonstrate a significant planning need to
      develop outside of Noosa Plan 2020's urban boundary, particularly at the density and height
      proposed and is inconsistent with the local landscape character. No overriding community
      benefit been demonstrated, which would justify approval despite its conflict with the planning
      scheme.


      2. Valid planning grounds have been raised by submitters that the proposal will result in an
      unacceptable impact on the biodiversity of the locality. Further, the development exceeds what
      a community member could reasonably expect to be developed outside of the Urban Boundary
      and within the Environmental Management and Conservation Zone.


      3.   The proposed development of the subject land is inappropriate, in circumstances where:
            (a) The proposed development seeks to expand the existing resort complex in
            circumstances where part of that land is located outside of the urban boundary in Noosa
            Plan 2020;
            (b) The proponent seeks to utilise the land for Short-term accommodation, which is an
            inconsistent use in the Environmental Management and Conservation zone;
            (c) The proposed development is an overdevelopment of the land at the expense of
            the natural values of the land, as the proposal would result in unacceptable clearing of
            vegetation in an ecologically important and environmentally sensitive area, including
            proposed development located on mapped Areas of Biodiversity Significance, Matters
            of State Environmental Significance (MSES) Environmental Values and Riparian Buffer
            Area under the Biodiversity, Waterways and Wetlands Overlay and mapped Core Koala
            Habitat area;
            (d) The stormwater treatment proposed is not of a sufficient size to achieve the water
            quality objectives and protection of biodiversity areas required under the Water Quality
            and Drainage Code.