2014-02-25 Planning & Organisation Committee Meeting Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                             25 FEBRUARY 2014


The CAS provided for a range of development on Noosa Hill including the Viridian development;
as detailed below:-

      Bayview Road Houses – Group Housing Development of 6 Dwelling Units (completed);

      Angler Street Houses – 2 Dwelling Houses (completed);

      Morwong Drive Dwelling Units – 23 Multiple Dwelling Units comprising 13 x 3 bedroom
       and 10 x 2 bedroom (completed);

      Resort comprising accommodation in the form of 130 dwelling units, 17 villas and a
       managers residence, central facilities including reception and administration centre,
       function room, conference centre, restaurant, storage, pool, tennis court, health spa, bars
       and ancillary facilities and both private and public open space.
Stages 1 and 2 of the development (comprising Bayview Road and Angler Street houses,
Morwong Villas) are already complete, and have been developed in accordance with the
approved plans attached to the Consent Order.

Stage 3 of the CAS included a resort development, however, the applicant saw it necessary to
make significant changes to the Court approved scheme, which resulted in a new application
being lodged with Council.

On 15 February 2007, Council approved the new application for a Material Change of Use for
Visitor Accommodation – Type 4 Conventional (Resort), Entertainment and Dining – Type 1 Food
and Beverages (Conference Room and Restaurant), Retail Business – Type 2 Shop and Salon
(Shop), Commercial Business – Type 2 Medical (Health Spa) over the subject site.
On 19 April 2007, Council approved representations to conditions of the development approval
and on 27 February 2008, Council approved changes to a number of conditions as part of a
request to change the existing development approval.
On 21 January 2009, Council approved changes to a number of conditions and the inclusion of
an additional condition and two additional advice conditions as part of a request to change the
existing development approval.

On 18 November 2009 Council refused a change to the approval to allow occupation of 54 units
on a permanent basis. Notably subsequent to this application the applicant lodged MCU10/2127
seeking approval for 38 of the units to be occupied permanently. This application was similarly
refused and was subject to an appeal, which was dismissed by the Planning & Environment
Court and council’s decision upheld.

PREVIOUS COUNCIL CONSIDERATION

As detailed in the previous section.

REPORT

1.    Proposal

This application seeks to change condition 23 of the development approval, which restricts
permanent occupation of all units in the resort development. The applicant submits that the
change is only intended to relate to villa 10105 and that the application does not seek permanent
residency rights for the subject villa. Villa 10105 has a floor area of 298m 2 and is located in
Building Block J along with 6 other villas of similar standard. The applicant requests that Council
consider the change on the basis of the following:-


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