2016-04-19 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 19 APRIL 2016


RECOMMENDATION
That Council note the report by the Environment Officer to the Planning & Environment
Committee Meeting dated 19 April 2016 regarding Planning and Environment Court Appeal
D35/2016 and agree to defend the appeal.


REPORT
In October 2015, Council received an application to clear vegetation located within an
environmental covenant area to the rear of the Elandra Apartments located at 6 Serenity Close,
Noosa Heads (refer Attachment 1). The application was lodged as a code assessable application
under the Planning Scheme. As the vegetation was located within an area protected by an
environmental covenant, the application was required to seek written approval from Council in
accordance with item 5 of the covenant.

The application involved up to 8 trees and sought to remove tree limbs, prune canopies and roots
and remove one dead tree.

A Development Permit for Operational Works Clearing of Native Vegetation under the Planning
Scheme was issued on 2 November 2015. The permit authorised the pruning of limbs and roots
originating from the covenant area that extended to the lawn area or were hazardous. The permit
also authorised the removal of dead vegetation in the covenant area.

The permit did not support the pruning of up to 30% of a Eucalyptus tereticornis (Blue gum) or
the pruning of a group of Acronychia trees because insufficient grounds existed and the
vegetation was in an ecologically significant area (Attachment 2 and 3).

The applicant suspended the appeal period on 19 November 2015 and made representations on
3 December 2015 to the development approval conditions.

The representations to conditions sought to amend Condition 1 to allow pruning of up to 30% of a
Eucalyptus tereticornis (Blue Gum a.k.a. Tree 1) and the pruning of a group of Acronychia trees
(a.k.a. Tree Group) (Attachment 2).

A Negotiated Decision Notice was issued under delegation to the applicant on the 12 February
2016 with Council deciding to:
A.   Refuse to change Condition 1 as:
         the removal of up to 30% of the canopy of Tree 1 is not warranted as Tree 1 is not
           touching the building and the request is premature.
         The pruning of the tree group for promoting lawn growth or understorey growth is not
           warranted and not supported by approved management plans.
B.   Approve a change to Condition 2.
C.   Refuse to change Advisory Notes 2 and 3 as:
         The advisory note 2 provides information clarifying the importance of the vegetation
           in the covenant area with relation to the lawn area
         The advisory note 3 is factual and highlights the need to protect habitat and food
           resources of the koala.

The Negotiated Decision Notice is the subject of the Appeal.




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