2016-11-08 Planning & Environment Agenda

ORDINARY MEETING MINUTES                                                          20 OCTOBER 2016


6   PBA16/0016 PLANNING & ENVIRONMENT COURT APPEAL 111/2016 FOR A
    DEVELOPMENT APPLICATION FOR BUILDING WORKS WITHIN COASTAL
    PROTECTION AREA SITUATED AT 26 LORIKEET DRIVE, PEREGIAN BEACH                               CUMENT INF ORM ATION




    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 11 October 2016 regarding Planning & Environment Court
    Appeal 111/2016 and agree to defend the appeal.


7   IMPACTS OF RECENT COURT OF APPEAL DECISIONS BRISBANE CITY COUNCIL V
    GERHARDT & GERHARDT V QUEENSLAND BUILDING & CONSTRUCTION
    COMMISSION
    That Council note the report by the Manager, Planning & Environment to the Planning &
    Environment Committee Meeting dated 11 October 2016 and amend the existing Council
    decision in relation to this matter (reference – Council meeting dated 18 August 2016,
    Planning & Environment Committee recommendation 3 on page 5 of the Council meeting
    minutes) by replacing the current Table 1 with the following new Table 1:-
    Table 1 – Declared building form for amenity and aesthetic referral agency assessment in
    Noosa Shire
           Column 1                        Column 2                              Column 3
             Code            Concurrence Agency Assessment              Probable Solutions/Specific
                                        Required                                Outcomes
     Building Works Code     Where carrying out building work not      Table 14-44 S1.1, S2.3, S10.1,
                             associated with a material change of      S11.1-S11.3 S12.1, S13.1,
                             use and not complying with the            S14.1, S15.1, S16.1, S16.2,
                             Probable Solutions identified in          S17.1, S181-S18.4, S20.1,
                             column 3 of this table. Applies to all    S21,1, S21.2, S22.1,
                             localities if a locality or zone is not   Table 14-45 S23.1-S23.3,
                             identified.
                                                                       Table 14-45 S24.1-S24.7,
                                                                       S25.1-S25.6
     Biodiversity Overlay    Where involving interference with         Table 13.2 S9.1, S10.1
     Code                    vegetation on premises identified as
                             Environmental Protection Area,
                             Environmental Enhancement Area or
                             Riparian Buffer Area on Biodiversity
                             Overlay Maps OM1.1 to OM9.1; or
                             Where on premises identified as
                             Riparian Buffer Area of Biodiversity
                             Overlay Maps OM1.1 to OM9.1,
                             except for demolition works.
     Heritage Overlay Code   Where involving a heritage site or        Table 13.5 O1, S2.1, O3, S4.1,
                             within a character area as defined by     S5.1-S5.3, O6, S7.1, O12
                             the Division 5, 13.11 General
                             Provisions for the Heritage Overlay
     Natural Hazard          Where on land identified as Flood         Table 13.10 S20.1, S20.2
     Overlay Code            Hazard Area on Overlay Maps
                             OM1.3-9.3
     Natural Resources       Where within a Coastal Protection         Table 13.17 S17.1, O18,O19,
     Overlay Code            Area identified on Overlay Map            S20.1, S20.2
                             OM4.5




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