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2018-02-06 Planning & Environment Committee Agenda

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                6 FEBRUARY 2018


      f.   the construction of the vehicle access to proposed Lots 7 and 8.
21.   The access driveways to service Lots 20 and 21 must extend for the full length of the
      access handle. The works must be undertaken in accordance with an Operational Works
      approval.
22.   Vehicle access to Lots 7 & 8 are limited to the Road 86419 frontage only (northern
      boundary). A clause must be included in the contract of sale for Lots 7 & 8 which prohibits
      vehicle access being taken from Eagle Drive.
Applicant’s Representations
The applicant submits that lots 7 & 8 achieve the minimum area for battle-axe lots of 800m2 and
safe access is able to be provided to these lots via the proposed 6m wide easement. The
applicant also submits that a neighbouring land owner subdivided land to the north of the road
and paid Council contributions for this road to be upgraded but Council has not constructed the
road. Therefore, it is unreasonable for the subject property owner to build this road.
Further, to support the proposed layout the applicant will install a pool fence on the northern
boundary of lot 7 and a portion of lot 8 up to the end of the road reserve.
The applicant therefore submits that conditions 7 and 22 be deleted and 21 amended to include
proposed lots 7 and 8.
Assessment of Representations
While proposed lots 7 & 8 meet the minimum lot size for battle-axe lots, the Noosa Plan also
requires that lots are arranged to front streets and public open space. Developments are also
required to upgrade the road frontages that adjoin their site. It is recommended therefore that
these conditions remain unchanged.


Condition 13 – Retention of Existing Native Trees
13.   Existing native trees on the site and in the road verge must be retained in accordance with
      an Arborist Report for the development and referenced in a Development Permit for
      Operational Works. The existing native trees to be retained must be located clear of
      proposed services, not present a nuisance to neighbouring properties and generally
      suitable for the proposed location.
Applicant’s Representations
The applicant notes in respect to the condition, that lots 1-5 will require minor fill and thus
clearing. The applicant further submits that they intend to maintain the vast majority of the native
trees within the site and undertake clearing only where necessary such as for the road reserve
and service areas. As such, the applicant considers the requirement for an Arborist report as
unnecessary and therefore request deletion of the condition.
Assessment of Representations
It is considered necessary to have an arborist assessment of the trees designated to be retained
and/or removed to provide further information at the operational works stage of the development.
Civil works within the root zones, alteration of surfaces and subsoil have the potential to impact
on the health of trees. This arborist assessment will aid in the assessment of the retention
viability of the trees and any risk associated with retention in public and private spaces. It is
recommended this condition remain unchanged.




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