2014-02-25 Planning & Organisation Committee Meeting Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                               25 FEBRUARY 2014


          Council has established a precedent in regard to similar conditions imposed for the Noosa
           Springs Resort.
          The amended Condition results in a positive outcome by requiring promotion of the
           availability of short-term letting
          The amended Condition maintains the financial objectives of the resort operator.
          The amended Condition does not detract from the tourism economy of Noosa
          The adoption of the amended Condition represents fair and reasonable obligations on the
           use of the resort
          The resort has been established and is achieving economic benefits for the Noosa
           economy.
          Approval of the Change of Condition 23 does not impact on the Court’s decision in
           relation to MCU10/2127.

Current condition

23.        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, F and Penthouse Units: 9417, 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 and long term basis. All
           other dwelling units in the Resort may be occupied only for short term visitor
           accommodation. The community management statement for any or all bodies corporate
           having control of the Resort or any part thereof shall incorporate this condition.

Applicant’s Proposed Change

23.        The Resort (comprising the Restaurant and Conference Room Facility Building, Health
           Spa, Resort Accommodation Buildings (dwelling units & accommodation units), Reception
           Area and Shop shall be operated and maintained as a Resort. The Managers
           Accommodation may be occupied on a permanent basis. The community management
           statement for the body corporate having control of the Resort shall incorporate a
           condition:

           - Requiring the accommodation and facilities to be operated and maintained as a resort.

           - Restricting the use of units and villas in Blocks A,B,C,D,E,F,G,H,I and villas 10101,
           10102, 10103, 10104, 10106 & 10107 in Block J for permanent residential
           accommodation.

           - Requiring a letting pool service promoting and managing short term accommodation to
           be established on site and made available to all owners.

2.        Statutory Process

The applicant has requested to make a change to a development approval under s369 of the
Sustainable Planning Act 2009. A request to change a development approval under s369 can
only be made in circumstances where that change would constitute a ‘permissible change’.

The proposed change to the development approval requested by the applicant is determined to
constitute a permissible change on grounds that:



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