2019-03-07 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                                                7 MARCH 2019


2.                       PLANNING & ENVIRONMENT COURT APPEAL NO. 456/2018 – PROPOSED CLEARING
                         OF VEGETATION IN DAVID LOW WAY, ACCESS AND OFFSET PLANTING IN BEACH
                         RESERVE
Document i nformati on




Author                              Manager Development Assessment, Kerri Coyle
                                    Environment & Sustainable Development Department

Index                               ECM/ Application / RAL17/0501 / Case/ 456/2018 (Kenlynn Pty Ltd)

Attachments                         1.   Original Proposal Plans
                                    2.   Amended Proposal Plans


EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Special Meeting
dated 7 March 2019 regarding Planning & Environment Court Appeal No. 456/2018 and instruct
its solicitor to advise the Court and the Appellant as follows:
1.                       As road authority for the area, that it does not accept nor will it permit the removal of
                         vegetation and the maintenance thereof into the future for the purposes of achieving sight
                         lines in David Low Way as proposed by the traffic engineers in their joint report of 21
                         December 2018;
2.                       That it will not allow site access in the location presently proposed by the Appellant’s
                         development proposal; and
3.                       As trustee of the adjoining beach reserve, that it does not accept the Appellant’s proposal to
                         provide offset planting in the beach reserve, nor will it undertake any responsibility for
                         maintenance thereof into the future.



REPORT
A report on a development application to subdivide 1 lot into 6 residential lots and create an access
easement at 2 David Low Way, Castaways Beach was considered by Council at its Ordinary
Meeting on 18 January 2018.
Council at its Ordinary Meeting on 18 January 2018 resolved to 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.

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