2020-05-13 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                                13 MAY 2020


An application for subdivision (reconfiguring a lot) was subsequently made on 12 September
2006 for 82 lots plus 1 park lot. The applicant at the time requested that the application be
considered under the superseded planning scheme as provided for under the Integrated
Planning Act 1997.
At Council’s Ordinary Meeting on 19 October 2006, Council confirmed that the subsequent
development application for reconfiguration could be assessed against the Superseded Planning
Scheme. In arriving at this decision, Council considered that assessment of the application under
the new (2006 Noosa Plan) may have resulted in a compensation claim arising from the potential
loss of value in the land as a result of the change of zoning from Special Residential to Rural
under the 2006 Noosa Plan.
The subdivision application was refused as Council was instructed by the Department of
Environment & Resource Management (as Concurrence Agency) to refuse it as the proposal did
not satisfy the Vegetation Management Act. Accordingly, a Decision Notice of Refusal was
issued on 16 November 2009. The decision was appealed through the Planning and
Environment Court.
The proposed Rural Residential development was amended by the appellant during the appeal
process, with the number of residential lots reduced to 49 rural residential and 3 rural allotments.
The final approval granted by way of the Planning and Environment Court Order (Appeal No. 344
of 2009) dated 5 July, 2013 reduced the overall yield to 52 Lots and Park. This approval requires
dedication of 52.757 hectares of parkland. A copy of the approved plan is contained within
Attachment 3.
In 2012 the site was part of an application which also included land situated at 99 Hollett Road,
106 and 108-142 Tidswell Road, Weyba Downs.
The application sought preliminary approval under section 242 of the Sustainable Planning Act
2009 to vary the effect of The Noosa Plan and Maroochy Plan 2000 Planning Schemes for a
mixed-use community title development. The development was to be known as Noosa on Weyba
comprising a mix of residential, retail, community and open space uses to be established under a
multi-level community title scheme structure.
The applicant proposed a Noosa on Weyba Locality Plan to generally override the local planning
schemes provisions for the development site. The Plan identified four primary urban precincts
with varying density and character. The precincts were further broken down into zones, being
Detached Housing, Attached Housing, Rural Settlement and Neighbourhood Centre zones. An
Open Space Conservation Zone surrounded the urban precincts.
Proposed uses within the precincts included detached houses, small lot houses, duplexes,
multiple dwellings (units, townhouses and attached dwellings), retirement dwellings and aged
care facilities.
Minimum lot sizes ranged from 350m2 to 800m2 and minimum residential densities ranged
between 15 – 32 dwellings per hectare. Proposed building heights were 2 to 3 storeys and the
Noosa on Weyba Locality Plan also proposed differing built form provisions (such as site cover
and boundary setbacks) to those sought in comparable urban areas under the Maroochy and
Noosa planning schemes.
The application was refused on 4 April 2014 to which an appeal was lodged on 7 May 2014, but
was subsequently withdrawn after the applicant failed to demonstrate that a proposed change to
the plan constituted a minor change.
On 28 April 2017 an application to extend the relevant period of the original approval granted by
the court dated 5 July 2013 was received under the Sustainable Planning Act 2009. This
application was determined at Council’s Ordinary Meeting on 20 July 2017 where it was
determined to refuse the application to extend the relevant period.




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