2018-06-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    12 JUNE 2018


3.   There is no effective evacuation route that remains passible, with sufficient flood warning
     time, to enable people to progressively evacuate from the site or an area that allows for
     safe congregation and refuge during a probable maximum flood.
4.   The proposed development is likely to further burden disaster management response and
     capacity during flood events.
5.   The proposed lots are located on land that is subject to bushfire hazard and the proposed
     development relies on inappropriate bushfire mitigation measures to maintain the safety of
     people and property.
6.   The proposed development is contrary to the Biodiversity Overlay Code as the proposal
     has the potential to impact on the koala habitat values of the site including the habitat
     values of the wetland and the species assemblages it supports.
The applicant submits that when properly assessed against the Noosa Plan, the appeal should
be allowed and the application ought to be approved subject to reasonable and relevant
conditions.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting, 19 April 2018, Item 3, Page 4
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 April 2018 regarding Application No. RAL17/0504 for a
Development Permit for Reconfiguring of a Lot (1 Lot into 4 Lots) situated at 135 Lake Weyba Dr
Noosaville and:
A.   Refuse the application for the following reasons:
     1.    The proposed development does not demonstrate compliance with the Natural
           Hazards Overlay Code as it comprises 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.
     3.    There is no effective evacuation route that remains passible, with sufficient flood
           warning time, to enable people to progressively evacuate from the site or an area that
           allows for safe congregation and refuge during a probable maximum flood.
     4.    The proposed development is likely to further burden disaster management response
           and capacity during flood events.
     5.    The proposed lots are located on land that is subject to bushfire hazard and the
           proposed development relies on inappropriate bushfire mitigation measures to
           maintain the safety of people and property.
     6.    The proposed development is contrary to the Biodiversity Overlay Code as the
           proposal has the potential to impact on the koala habitat values of the site including
           the habitat values of the wetland and the species assemblages it supports.
B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


Finance
Should the matter proceed to trial there are likely to be significant costs in defending the appeal
with planning, stormwater and ecological experts likely to be required.



                                                                                    Page 90 of 97