2019-03-07 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                                7 MARCH 2019


Way being an important part of the major road network; and raise ongoing maintenance issues for
Council. The Appellant’s proposals in respect to vegetation removal in David Low Way, the
proposed access location and the proposed offset planting arrangement are not desirable and
have adverse impacts. It is therefore recommended that Council advise the Court and the
Appellant that Council will not accept them, in its capacity as road authority (in respect to works in
the David Low Way road reserve) and trustee (in the case of the offset vegetation maintenance
proposal in the adjacent beach reserve).
The recommendation is worded accordingly.

Previous Council Consideration

Ordinary Meeting, 18 January 2018, Item 3, Page 4
That Council note the report by the Development Planner to the General Committee Meeting dated
15 January 2018 regarding Application RAL17/0501 for a Development Permit for Reconfiguring a
Lot – (1 into 6 residential lots), situated at 2 David Low Way, Castaways Beach and:
A.    Refuse the application for the following reasons:
      1.    The proposed development is contrary to the Overall and Specific Outcomes of the
            Eastern Beaches Locality Code of the Noosa Plan. The development proposes
            significant clearing that is contrary to the Locality Code which requires protection of the
            vegetated character and views from the David Low Way and protection of native
            vegetation.
      2.    The proposed development is contrary to the Biodiversity code as it involves clearing
            of vegetation that is mapped as Environmental Protection and Riparian vegetation
            under the Noosa Plan.
      3.    The proposed development will result in unacceptable impacts on the visual amenity
            and character of the area.
      4.    The applicant has not demonstrated that a compliant, safe access is able to be
            provided to the site in accordance with required standards. To achieve a safe access
            significant clearing of vegetation and earthworks in the road reserve is also likely to be
            required.
      5.    The proposal is an overdevelopment of the site with the resultant development form
            detrimentally affecting the environmental and amenity values of the site.
      6.    The proposed development represents a poor planning outcome for the site, with the
            subdivision layout failing to provide street frontage for the lots and an excessive
            number of lots with access via an easement. The proposed access arrangements are
            likely to result in ongoing management and maintenance issues for future residents of
            these lots.
B.    Advise the utility service providers that there is significant vegetation within the road reserve
      adjacent 2 David Low Way, Castaways Beach that requires detailed assessment prior to
      installation of any services to minimise potential impacts on this vegetation.
C.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

Ordinary Meeting, 19 April 2018, Item 1, Page 4
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 10 April 2018 regarding Planning & Environment Court
Appeal No. 456/2018 and agree to defend the appeal.




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