2015-05-04 Attachment 1 to Item 1 General Committee Agenda - MCU14 0009 Referral Agency Response

GENERAL COMMITTEE MEETING AGENDA                                                           4 MAY 2015



2                        NOOSA WATERS - BUILDING ENFORCEMENT
DOCUMENT INFORM AT ION




Author                           Building and Plumbing Services Officer, Rob Wibrow
                                 Planning & Infrastructure Department

Index                            ECM / Subject / Plumbing Management/Legislation / Noosa Waters
                                 Building Enforcement

Attachments                      Nil


EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Building and Plumbing Services Officer to the General
Committee Meeting dated 4 May 2015 concerning building matters within Noosa Waters Estate.


REPORT
The purpose of this report is to provide Council with a briefing on recent enforcement orders
issued against a premises within Noosa Waters estate.

Background
Over the past 6 months the Noosa Waters Residents Association (the Association) has been
pro-actively reviewing and informing Council of any new building work carried out within the canal
setback. The Association is concerned that property owners, landscapers, builders and the like
are often constructing building work within 4.5m of the revetment wall without first obtaining the
necessary development approvals. The building works of concern include cut, fill, retaining
structures and hard landscaping.
On 28 January 2015 Building and Plumbing Services received a complaint from the Association
regarding building work at 27 Shorehaven Drive. The property was inspected and it was
confirmed that cut, fill and retaining work had begun within the canal setback area without the
necessary development approval.
An Enforcement Notice was issued which required all assessable building work to cease until a
development approval authorised the work.
Appeal
Pacific BCQ on behalf of the owners lodged an appeal to the Building Development Dispute
Resolution Committees (BDDRC) against the issuing of the Enforcement Notice. The appellant
argued that the Noosa Plan provisions for Noosa Waters Estate do not have legal grounds to
apply. The BDDRC set a hearing date for 23 March 2015.
Council response
In response to this appeal, Building and Plumbing Services staff prepared a brief for the hearing
outlining the grounds for issuing the enforcement notice. This brief was also referred to Council’s
solicitor Wakefield Sykes for review, which provided confirmation of and support for Council’s
position.




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