Court backs Council efforts to protect planning scheme

The Planning and Environment Court has upheld Council’s decision to prevent 14 purpose-built holiday houses on Noosa North Shore from being occupied as permanent residences.

Acting Planning Director Kerri Coyle welcomed the judge’s decision to dismiss an appeal of the 2017 Council decision, as the proposed change of land use was at odds with the planning scheme.

“The Beach Road Holiday Homes development is one of several sites identified in the planning scheme exclusively for visitor accommodation,” she said.

“The holiday home development, which is made up of 48 properties, was approved and built on that basis and the zoning is still in place over the site today.”

In dismissing the appeal, Her Honour Judge Kefford, said the applicant hadn’t made a case for the properties to be used as permanent homes.

“The Council has made a deliberate planning decision to zone it for use for visitor accommodation and it’s not in the public interest to diminish the land available for visitor accommodation by allowing permanent residential use given the importance the Noosa Plan places on sustaining the tourism industry.”

Ms Coyle said Council was pleased to see the court uphold the town plan.

“Noosa has a strong track record when it comes to applying and defending our planning scheme. It’s helped make Noosa what it is today, so it’s pleasing to see the courts recognise and back our consistent approach to planning and land use.”