2016-08-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                             9 AUGUST 2016


3                        IMPACTS OF RECENT COURT OF APPEAL DECISIONS BRISBANE CITY COUNCIL V
                         GERHARDT & GERHARDT V QUEENSLAND BUILDING AND CONSTRUCTION
                         COMMISSION
DOCUMENT INFORM AT ION




Author                               Manager, Planning & Environment, Kerri Coyle
                                     Planning & Infrastructure Department
Index                                Subject / Noosa Planning Scheme

Attachments                          Nil


EXECUTIVE SUMMARY
Not applicable.


RECOMMENDATION
That Council note the report by the Manager, Planning & Environment to the Planning &
Environment Committee Meeting dated 9 August 2016 and resolve for the purpose of Schedule 7,
Table 1 item 17 of the Sustainable Planning Regulation 2009 :
A.                       to be a concurrence agency for a building or structure which is a single detached class 1(a)(i)
                         building, class 1(a)(ii) building comprising not more than 2 attached dwellings or a class 10
                         building or structure in the circumstances outlined in Table 1 below; and
B.                       that the form of building works which do not comply with the acceptable solutions and/or
                         specific outcomes outlined in Column 3 of Table 1 of the relevant codes identified in Column
                         1 of Table 1 may:
                         (a)   have an extremely adverse effect on the amenity or likely amenity of the locality; or
                         (b)   be in extreme conflict with the character of the locality
                         Table 1 – Declared building form for amenity and aesthetic referral agency assessment in
                         Noosa Shire
                                   Column 1                        Column 2                             Column 3
                                     Code                    Concurrence Agency               Acceptable Solution/Specific
                                                             Assessment Required                       Outcome
                           Building Works Code         Where carrying out building work if    S1.1, S2.3, S10.1, S11.1-S11.3
                                                       demolition, relocation or removal of   S12.1, S13.1, S14.1, S15.1,
                                                       a building and not associated with a   S16.1, S16.2, S17.1, S181-
                                                       material change of use and not         S18.4, S20.1, S21,1, S21.2,
                                                       complying with the acceptable          S22.1, S23.1-S23.3, S24.1-
                                                       solutions identified in column 3 of    S24.7, S25.1-S25.6
                                                       this table.

                           Biodiversity Overlay Code   Where involving interference with      S9.1, S10.1
                                                       vegetation on premises identified
                                                       as Environmental Protection Area,
                                                       Environmental Enhancement Area
                                                       or Riparian Buffer Area on
                                                       Biodiversity Overlay Maps OM1.1
                                                       to OM9.1; or
                                                       Where on premises identified as
                                                       Riparian Buffer Area of Biodiversity
                                                       Overlay Maps OM1.1 to OM9.1,
                                                       except for demolition works.



                                                                                                             Page 21 of 119