Change application_REPORT 29-11-2019_FINAL

     4. The rezoning was gazetted on 1 May, 1998, rezoning the site to partly “Special Residential Zone” and partly
        “Open Space Zone” under the IPA-ised version of the Transitional Noosa Planning Scheme 1997.

     5. Under the approval, the applicant was required to dedicate a large portion of land for the Walter Hay Drive
        road reserve, which has had significant benefit to the local road network within Noosaville. Survey Plan
        SP163571 dedicated an area of 3.763 hectares for the future road purposes (Walter Hay Drive), which was
        registered with the Department of Natural Resources and Mines on 19/11/2004.

     6. The site was subsequently zoned to “Rural” under the draft Noosa Plan 2006. As part of the Draft Noosa
        Plan 2006 Public Consultation period, the Applicant made a submission to Council requesting that the site
        be considered for inclusion in the Rural Settlement Zone, Attached Housing or Semi-attached Housing Zone
        and requested that the entire site be included in the one locality (Noosaville Locality) instead of across split
        localities (Noosaville and Tewantin & Doonan).

     7. Council at that time resolved to amend the Planning Scheme by including all of Lot 53 within the Tewantin
        & Doonan Locality. However, Council did not resolve to change the zone to Rural Settlement zone,
        Attached Housing or Semi-attached Housing Zone.

     8. A development application (superseded planning scheme) for reconfiguration, originally for eighty two (82)
        lots plus one (1) park lot, was lodged with Council on 12 September, 2006.

     9. At Council’s ordinary meeting on 19th October, 2006, Council confirmed that the development application
        for reconfiguration could be assessed against the Superseded Planning Scheme. In arriving at this decision,
        Council considered that assessment of the application under the new (2006 Noosa Plan) may have resulted
        in a compensation claim arising from the potential loss of value in the land as a result of the change of
        zoning from Special Residential to Rural under the 2006 Noosa Plan.

     10. DNRM, acting as concurrence agency, directed Council to refuse the application originally. Accordingly,
         Council issued a Decision Notice of Refusal on 16 November, 2009.

          The decision was appealed through the Planning and Environment Court, and was approved with
          conditions on the 5th July, 2013.The final approval granted by way of the Planning and Environment Court
          Order (Appeal No. 344 of 2009) reduced the overall yield to 52 Lots and Park. Significantly, the approval
          requires dedication of 52.757 hectares of parkland.

     11. It is noted Condition 16 of the approval required the execution of an infrastructure agreement (IA) to set
         out the obligations to obtain approval for road opening/closure of Old Hollett Road. Under the terms of the
         IA, Council is required to complete particular actions to allow the opening/closing of road. In this regard
         Council has advised that the road opening/closure application was lodged with the DNRM in early 2014 and
         that “this is being progressed by Council’s property section but is still with the State for a decision”.




JFP Ref: M1775                                                                                                    Page 2