2018-06-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                     12 JUNE 2018


7                        RAL17/0504 PLANNING & ENVIRONMENT COURT APPEAL NO D61 OF 2018
                         REFUSAL OF APPLICATION TO RECONFIGURE A LOT (1 INTO 4 LOTS) AT 135
                         LAKE WEBYA DRIVE, NOOSAVILLE
DOCUMENT INFORM AT ION




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

Index                               ECM/ Application / RAL17/0504 / Case / WA Gabarrin

Attachments                         Nil



EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 12 June 2018 regarding Planning & Environment Appeal
No. D61 of 2018 and agree to defend the appeal.


REPORT
A report on an application to reconfigure a lot to create 1 into 4 lots at 135 Lake Weyba Drive,
Noosaville was considered at Council’s Ordinary meeting on 19 April 2018. The table below
includes the proposed lot details.
Table 1 – Proposed Lot Size & Dimensions
Lot Number Total Area         Frontage                                      Building Envelope
Lot 1                            1.321 ha      10.06m (Sail Street)         459m2
Lot 2                            2,324m2       10.06m (Sail Street)         342m2
Lot 3                            1,211m2       20m (Lake Weyba Drive)       502m2
Lot 4                            3,483m2       57.5m (Lake Weyba Drive)      Existing house

The site is subject to flood hazard and earthworks are proposed within Lots 1, 2 and 3 in order to
create individual pads above the defined flood level of 2.6m Australian Height Datum (AHD). The
existing ground level in the location of the proposed building envelopes ranges from 1.10m –
1.50m AHD so filling of approximately 1.1m - 1.5m is proposed to achieve building pads above
the defined flood level.
The application was recommended for refusal as the proposed subdivision was contrary to the
Noosa Plan with the new lots primarily considered unsuitable for house sites due to significant
flooding that occurs in the area. Council, at the Ordinary meeting resolved to refuse the
application for the following reasons:
1.                       The proposed development does not demonstrate compliance with the Natural Hazards
                         Overlay Code as it compromises the safety of people and property from the site’s residual
                         flood and bushfire risks.
2.                       The proposed development is contrary to the Natural Hazards Overlay Code and
                         Reconfiguring a Lot Code as the proposed lots are located within a flood hazard area and
                         the proposal seeks to fill the site in an attempt to make it suitable for the development.



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