2020-05-13 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                               13 MAY 2020


On 29 June 2017 the applicant lodged survey plans for sealing for the first stage of the
development. An Operational Works application has not been made and accordingly no works
required prior to plan sealing had commenced at the time. An Action Notice was issued on 21
July 2017 for the outstanding works requesting additional time to complete the actions, but this
was not agreed to.
On 7 July 2017 an application to extend the currency period was received under the Planning Act
2016. The application was determined at Council’s Ordinary meeting on 17 August 2017 where it
was determined to refuse the application for the following reasons:
1.   The approval is not consistent with the South East Queensland Regional Plan as the
     development would result in the creation of an urban settlement within an area where the
     intent is to protect the landscape and the capacity for rural production and the development
     would be prohibited under the Planning Regulations 2017.
2.   The approval is not consistent with the Noosa Plan 2006 as the proposed urban
     development is not located within an established village and would result in fragmentation
     of land holdings outside of areas already allocated for such purpose by the Noosa Plan.
     The development is also partly located within the Riparian Buffer area identified for
     protection by the Biodiversity Overlay.
3.   The approval is contrary to the South East Queensland Koala Conservation State Planning
     Regulatory Planning Provisions as the development will result in the removal of non-
     juvenile koala habitat trees.
4.   Different bushfire hazard mapping to that used for the initial approval applies as the State
     Planning Provisions came into effect after the original approval and results in a higher
     hazard rating. The higher hazard rating may require changes to setback/buffer areas and
     an amended subdivision layout. An updated bushfire management plan has not been
     submitted to enable an assessment of the current bushfire hazard.
5.   Significant time has lapsed since the ecological assessment reports were originally
     submitted and the information in these reports is now outdated. Updated ecological reports
     have not been submitted.
6.   The community is unlikely to be aware of the proposal given the significant time that has
     lapsed, the Noosa Plan’s current zoning and no works have commenced on site
An appeal was lodged against all 3 applications, with all 3 appeals remaining current.           In
summary these include appeals against:
   Refusal of application to extend relevant period under the Sustainable Planning Act 2009
   Refusal of request to extend the time frame required to complete actions for Plan Sealing
   Refusal of application to extend currency period under the Planning Act 2017
2.1. Site Description
The subject site has an area of 110 hectares and is located south of the Noosa Shire Business
Centre. The site is bordered to the northeast by Eenie Creek, to the east by undeveloped land
fronting Lake Weyba, to the south by Hollett Road and the west by rural residential land. The
north-west corner of the site adjoins land developed for detached housing. The site is dissected
by Walter Hay Drive, but no access is permitted from this road, with the site having vehicular
access via Hollett Road. An Energex transmission line and an associated easement traverse the
northern portion of the site.
Topographically the site is largely flat with gently undulating slopes with a mosaic of soil types.
The site currently supports large areas of grasslands that have been actively used for cattle
grazing. The site also supports areas of paperbark forest and eucalypt woodlands and there are
a number of small dams scattered through the central portion of the site.



                                                                                    Page 11 of 37