2014-03-25 Planning & Organisation Committee Agenda Pages 39-80

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                     25 MARCH 2014


RECOMMENDATION

That Council note the report by the Coordinator, Development Assessment titled Makepeace
Island, Planning & Environment Court Appeal No. D14 of 2014 in respect to development
approval MCU13/0064 for Visitor Accommodation Type 4 Conventional at Makepeace Island,
Noosa North Shore and agree to defend the appeal.



REPORT

1.    Background

A Development Permit for Material Change of Use – Visitor Accommodation Type 4 Conventional
was issued on 22 November 2013, with a Negotiated Decision Notice issued on 19 December
2013.

Following approval of the application, the applicant made representations in relation to conditions
4, 15 and 16. In relation to those representations, a Negotiated Decision Notice was issued
agreeing to amend condition 16, but refusing to change conditions 4 and 15.

As a result of the decision to refuse to change conditions 4 and 15, the applicant has now lodged
Planning & Environment Court Appeal No. D14 of 2014. The applicant submits that the
conditions are unlawful because they are an unreasonable imposition on the use and are not
reasonably required in relation to the use of the premise and the development application ought
to be approved subject to lawful conditions.

2.    Proposal

The application sought approval to use the existing Makepeace Island dwelling and facilities as a
‘boutique resort’ comprising 10 guest bedrooms, sleeping a maximum of 20 guests. No major
building works were proposed to accommodate the use, apart from minor upgrades to existing
access ways in order to satisfy the change of building classification to allow short term visitor
accommodation. An on-site manager (chef and hostess) will permanently reside in the
caretaker’s residence on the island. A general manager, skipper/activities coordinator,
maintenance staff and cleaning staff will access the site between 7am and 10pm, with some of
some of these staff intended to be accommodated within the caretaker’s residence during high
occupancy periods.

Access to the site will be via the island’s private boats, consisting of an electric river boat, with a
capacity of 10 guests, a speed boat with a capacity of 10 guests, as well as a barge. The
applicant advises that it will offer a complimentary car and bus service offering to pick up and
drop off from Brisbane and Maroochydore airports as well as any home or hotel on the Sunshine
Coast or Brisbane. An arrangement with the Noosa Marina (2 Parkyn Court, Tewantin) is
currently in place allowing guests to be picked up and dropped off by boat to and from the
marina. Two employees will park their vehicles at the end of Moorindil Street, from where they
will be picked up by the island’s transfer boat.

3.    Site History

Council at its Ordinary Meeting held on 9 August 2007 agreed to a dwelling house to be
assessed against the superseded Planning Scheme on the site, subject to an Infrastructure
Agreement being entered into with Council. This meant that the dwelling was ‘self-assessable’
and did not require a planning approval.



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