Dear Community Members
The following is some important information regarding MCU13/0092 Peregian Bowls Club Site DA:
The application for the proposed shopping centre development at Peregian Beach is due to be reported to Council’s Ordinary Meeting on 14 November 2013 (tomorrow). The report to council provides an assessment of the development and its potential impacts and recommends that the application be refused on a number of grounds.
In an unusual move, the applicant, Multi Span Australia Group Pty Ltd, have decided to not wait for council’s decision and instead have elected to commence proceedings with the Planning & Environment Court on the basis of a ‘deemed refusal’. A ‘deemed refusal’ is made possible by the planning legislation in the circumstances where the decision period for the application expires before a decision is made by the council. The decision period for the application expired on 1 November 2013, as the applicant declined to agree to an extension to the decision period, despite council’s advice that the matter would be considered at its November Ordinary council meeting.
The matter is now with the Planning & Environment Court and the applicant will need to demonstrate to the Court that the proposed development should be approved. The proposed development cannot proceed unless the Court approves the development. Council will be a party to the appeal, and when the new Council for Noosa commences on 1 January 2014, the Noosa Council will replace Sunshine Coast Regional Council in the appeal.
All properly made submitters to the application will receive a formal notice of the appeal from the applicant’s solicitor within the next 2 weeks. Once this is received, properly made submitters can choose to become co-responders to the appeal if they wish to.
Due to these new developments, my opinion is there is no need for the community to attend council’s Ordinary Meeting tomorrow regarding this issue.
Please feel free to circulate this as far and wide as you wish.
Cr Russell Green
Regional Planning Portfolio
Director Noosa Biosphere Ltd
Sunshine Coast Regional Council