Further submission from applicant 13.10.2023

           (e)       It results in the unacceptable clearing of vegetation in an ecologically important
                     area and an environmentally sensitive area;

           (f)       The built form and density of the proposed development is unacceptable.

           In these respects, the proposed development is inconsistent with the following
                   provisions of Noosa Plan 2020:

                     (a)      Strategic Framework – 3.2.2, 3.2.5, 3.3.2(g), 3.3.1(b) and 3.3.4(b), (p);

                     (b)      Biodiversity, Waterways and Wetlands Overlay Code – 8.2.2.2(2)(a), (b)
                              and (c), Table 8.2.23 PO1, PO3, PO5 and PO12;

                     (c)      Recreation and Open Space Zone Code – 6.6.1.2(2)(a)(c)(f)(g) and (s),
                              Table 6.6.13 PO1, PO2, PO3, PO4, PO15, PO16, PO17, PO18, PO19 and
                              PO38;

                     (d)      Noosa Heads Local Plan Code – 7.2.5.2(2)(b), (e), Table 7.2.5.3 PO5, PO26
                              and PO27

1.       The zoning of part of the subject land as Tourist Accommodation indicates an intention for the
         land to be used for the purposes contemplated by the development application. The proposed
         development is wholly consistent with the purpose and overall outcomes for the Tourist
         Accommodation zone, which can only be achieved by way of an integrated development.

2.       With respect to the community’s expectations, the Tourist Accommodation zoning makes it clear
         that there is an intention for short-term accommodation to be located in conjunction with the
         existing Noosa Springs Golf and Spa Resort. It cannot be said that the proposed development is
         inconsistent with the community’s expectations, having regard to the Noosa Plan 2020.

3.       Part of the resort (including part of the swimming pool and tennis courts) is proposed to be
         located on land in the Open Space and Recreation zone, which adjoins the land in the Tourist
         Accommodation zone. Relevantly, ‘Nature-based tourism’, ‘Food and drink outlet’ and ‘Outdoor
         Sport and Recreation’ are consistent uses in the zone.

4.       The economic impact assessment report in support of the development application demonstrates
         a high level of community need for the proposed development.

5.       Council has a broad discretion to decide an impact assessable development application. The
         discretion is to be exercised subject to the following requirements:

         (a)       it must be based on the assessment carried out under section 45 of the Planning Act
                   2016 (Qld) (Planning Act);

         (b)       the decision-making function must be performed in a way that advances the purpose of
                   the Planning Act; and

         (c)       the discretion is subject to any implied limitation arising from the purpose, scope and
                   subject matter of the Planning Act.

         It inevitably involves a balancing exercise. 1




1 Smout v Brisbane City Council [2019] QPEC 10.




Letter - Mr L Sengstock - Submissions on grounds for refusal - 02(43623133.1).docx                           2