2016-08-18 Ordinary Meeting Minutes

ORDINARY MEETING MINUTES                                                                   18 AUGUST 2016




          9.    Ensure stormwater entry into the park does not cause scouring;
          10.   Provide arborist appraisal of trees where works have occurred in their root zones
                and replacement planting where appropriate;
          All works required by the Development Permit for Operational Works shall be
          completed within 12 months from the date of settlement of the appeal.


3   IMPACTS OF RECENT COURT OF APPEAL DECISIONS BRISBANE CITY COUNCIL V
    GERHARDT & GERHARDT V QUEENSLAND BUILDING AND CONSTRUCTION
    COMMISSION
    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 Probable 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       Probable Solutions/Specific
                                   Assessment Required                          Outcomes
            Building     Works     Where carrying out building work if          Table 14-44 S1.1, S2.3, S10.1,
            Code                   demolition, relocation or removal of         S11.1-S11.3 S12.1, S13.1,
                                   a building and not associated with a         S14.1, S15.1, S16.1, S16.2,
                                   material change of use and not               S17.1, S18.1-S18.4, S20.1,
                                   complying with the Probable                  S21,1, S21.2, S22.1,
                                   Solutions identified in column 3 of          Table 14-45 S23.1-S23.3,
                                   this table. Applies to all localities if a
                                                                                Table 14-45 S24.1-S24.7,
                                   locality or zone is not identified.
                                                                                S25.1-S25.6
            Biodiversity Overlay   Where involving interference with            Table 13.2 S9.1, S10.1
            Code                   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.
            Heritage    Overlay    Where involving a heritage site or           Table 13.5 O1, S2.1, O3, S4.1,
            Code                   within a character area as defined by        S5.1-S5.3, O6, S7.1, O12
                                   the Division 5, 13.11 General
                                   Provisions for the Heritage Overlay

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