2018-06-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                           12 JUNE 2018


The proposed offset for the loss of vegetation is considered a reasonable solution to the breach
of the development approval conditions and will support an improved outcome for the delivery of
Council’s conservation objectives in the locality in the long term. The valuation of the trees
undertaken by the developer’s arborist shows it has been undertaken in accordance with the
Burnley Method and the replacement planting and rehabilitation will achieve an attractive treed
frontage and reinforce the koala habitat values as intended by the development approval
conditions. While the in kind contribution would support Council in undertaking works in
Girraween Nature Refuge, Council’s Natural Areas team have advised there are higher priority
areas within the Girraween Nature Refuge which the funds should be used to rehabilitate than
the area identified by the developer.
On this basis Council’s solicitor has been instructed to settle the matter and a deed of settlement
is being drafted for this purpose. Notably on payment of the contribution, lodgement of the
development application and completion of the reinstatement of koala food trees, the
Enforcement Notice will be withdrawn.
Previous Council Consideration
The proposed settlement was discussed in a workshop with Councillors late April 2018.
Finance
There would be considerable costs in defending the appeal if the matter had have proceeded to
trial and not settled. The proposed solution will achieve the desired outcomes of the
development approval, provide a benefit Girraween Nature Refuge and avoid litigation costs.
Risks & Opportunities
There are inherent risks in all appeals and the proposed solution is a practical one that will assist
in offsetting the vegetation removed from the road reserve and achieve a positive outcome for
the community.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes
Internal Consultation
Natural Areas Team


Departments/Sections Consulted:
   Chief Executive Officer        Community Services                      x   Corporate Services
   Executive Officer              Director                                    Director
   Executive Support              Community Development                   x   Financial Services
                                  Community Facilities                        ICT
                                  Libraries & Galleries                       Procurement & Fleet
                                  Local Laws                                  Property
                                  Waste & Environmental Health                Revenue Services

   Executive Services        x    Environment & Sustainable Development       Infrastructure Services
   Director                       Director                                    Director
   Community Engagement           Building & Plumbing Services                Asset Management
   Customer Service          x    Development Assessment                      Buildings and Facilities
   Governance                     Economic Development                        Civil Operations
   People and Culture        x    Environmental Services                      Disaster Management
                                  Strategic Land Use Planning                 Infrastructure Planning,
                                                                              Design and Delivery




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