Figure 1 - Wongaling Beach Village Area Plan of Development (2002) Proposal: The proposal initially involves subdividing existing Lot 105 into Proposed Lot 106 (9095m 2 ), Proposed Lot 107 (9521m 2 ) and Proposed Lot 108 (1779m 2 ) as well as the establishment of Easement A (drainage), Easement B (drainage) and Easement C (access) (see figure 2). Subsequently, the development involves a Material Change of Use for a Multiple Dwelling (30 x 2 bedroom units), Backpackers' Accommodation (62 beds), and Tourist Resort (24 units with 24 bedrooms). Proposed Lot 106 will contain the Accommodation Buildings (Backpackers' Accommodation & Tourist Resort), Proposed Lot 107 will contain the Multiple Dwelling and Proposed Lot 108 provides a vacant allotment suitable for a residential use. 240
Figure 2 - Proposed Reconfiguration Plan The use definitions for the development are as per the Cardwell Shire Council Planning Scheme 1997, which was the current planning scheme when the Plan of Development was created and approved: Accommodation building: Any land, building or other structure or any part thereof used or intended for use as a boarding house, guest house, hostel, hotel (unlicensed or private), residential club (unlicensed), serviced rooms or cabins, but does not include a camping ground. Multiple Dwelling: Any land, building or other structure or any part thereof comprising or intended to comprise three (3) or more dwellings units on a single allotment or units which are pursuant to the provisions of the Building Units and Group Titles Act of 1980 whether or not the dwelling units are held in the same ownership. The term does not include an accommodation building, duplex dwelling or group housing as herein defined. The Material Change of Use component of the proposed development comprises the following: Multiple Dwelling: 30 units with a total of 60 bedrooms, basement carpark (60 car parking spaces), swimming pool and tennis courts; Accommodation Building (Resort): 24 units with a total of 24 bedrooms including a reception area, restaurant, café, offices, conference room, and gym; Accommodation Building (Backpackers' Accommodation): 12 backpacker dorms with a total of 48 beds, 14 studios with a total of 14 beds, reception area, crib room/communal dining area, 334m 2 club/bar, and car parking (41 car parking spaces). 241
The tourist resort and backpackers' accommodation will gain direct access from Dickinson Street, while access to the multiple dwelling will be obtained through the backpackers' accommodation car parking area by way of access easement. Figure 3 - Development Site Plan As a result of the approval of the Wongaling Beach Village Area Plan of Development (2002), the Material Change of Use component of the development will be assessed against the Wongaling Beach Village Area Tourist Accommodation Precinct Code, which replaces the Township Zone Code and Greater Mission Beach Local Plan Code. The Plan of Development does not outline requirements for reconfiguring a lot, and therefore, the reconfiguring a lot component of the development is assessed against the Cassowary Coast Regional Council planning scheme 2015. 242
The development of the site is proposed to be staged as follows: 1. Reconfiguring a Lot - the creation of three land parcels being Lots 106, 107 & 108, and drainage easements A & B, and access easement C; 2. Multiple Dwellings - Units A, B & C, associated driveway and car parking, tennis court, pool and pool house; 3. Accommodation Buildings - Backpackers' Accommodation with associated car parking, pool, club and facilities and Tourist Resort and associated pool, restaurant, café, gym, conference rooms and other facilities. Site and Locality: The subject site is a 2.019 hectare site with frontage to Dickinson Street for 112 metres and Shore Street for 22 metres. The site is located within 500m of the Wongaling Beach foreshore, is generally flat, and has a 15-20 metre wide drainage easement along the eastern boundary. Surrounding uses include a service station, shopping centre, single unit dwellings, and multiple dwellings. 243
Real Property Description: Property Address: Land Area: Access: Road Frontage: Topography: Surrounding Land Uses: Council Services: Vegetation: Wetland/ Watercourse: Planning Scheme Overlays: 105SP281940 34-40 Dickinson Street, Wongaling Beach 2.019 hectares Via Dickinson Street Approximately 112m to Dickinson Street Approximately 22m to Shore Street Generally flat Service Station, Shopping Centre, Single Unit Dwellings, Multiple Dwellings Reticulated water, reticulated sewerage, garbage Regulated vegetation/high environmental significance in northeastern corner Nil Acid Sulfate Soils Environmental Significance Coastal Protection Flood Hazard Scenic Amenity Waterway Corridors and Wetlands Planning Assessment: Far North Queensland Regional Plan 2031: The subject site is located within the Urban Footprint. It is considered that the development is consistent with the intent of the Far North Queensland Regional Plan 2031, being urban development for residential and tourism purposes. Mission Beach Habitat Network Action Plan: It is considered that the development is generally in accordance with the Mission Beach Habitat Network Action Plan. The development is proposed on a site intended for urban development and not containing watercourses or a large amount of significant vegetation. Other Acts: There are no other Acts which apply to this development. Wongaling Beach Village Area Plan of Development (2002): The subject site is located within the Tourist Accommodation Precinct. Development within this area is assessed against the Tourist Accommodation Precinct code. 244