2020-05-13 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                               13 MAY 2020


Based on the proposed changes to the plan, the applicant submits that conditions 2, 5, 6, 8, 9,
11, 12, 15, 18, 19, 49, 23-27, 29, 42-44, 46, 47, 50, 51, 57-59, 63, 67, 75 require amendment.
As part of the requested changes to conditions the applicant requests that Council agree to
extend the timeframe to complete the development ‘within 6 years of the date of this change
approval’.
The applicant also submits that the following matters are relevant to Council’s consideration of
the application and the reasons why the application ought to be approved:
   The existing approval includes comprehensive conditions which are generally consistent
     with current laws and policies and will ensure maintenance and enhancement of ecological
     and amenity outcomes;
   The applicants have expended considerable money over time in obtaining the development
     approval and unfortunately Mr Hofmann’s poor health has delayed the applicants’ ability to
     carry out the approved development;
   The land was originally identified as generally suitable for the type of development
     proposed. As part of that approval, it was required to provide a not insignificant contribution
     of public benefit with respect to the road network, for which Council received the benefit of
     the Walter Hay Drive road dedication without paying any compensation. Properly
     understood, the approved development (including conditions of approval) the subject of the
     minor change application is generally consistent with earlier development proposals. The
     proposed change is a notable improvement on the existing approved layout in terms of
     ecological outcomes and community benefits;
   The land is currently designated in the Rural zone, but has no utility for sustainable rural
     uses due to matters including lot fragmentation and poor soils;
   The land adjoins areas designated for Rural Residential and detached dwellings, and is in
     close proximity to areas designated for Industry and Shire Business Centre. The current
     Planning Scheme designates other land outside the Urban Growth Boundary for similar
     types of development, given that no areas of Rural Settlement are shown within the Urban
     Growth Boundary mapping on ZM9;
Notably, further plans were also emailed to Council on 23 April 2020, which update the proposal
plans to address Energex’s objection. The applicant requests that the plans provided on 23 April
2020 be approved as part of Council’s minor change application. However, no further extension
to Council’s decision period was provided to support this request.
Therefore, this report reviews the plans lodged with the change application in November 2019,
with comments provided on the 23 April 2020 in section 5 of this report. A copy of the applicant’s
plans provided on 23 April 2020 is provided as Attachment 2.
2.   BACKGROUND
A rezoning application was approved over the site on 1 August 1997, approving a change of the
site’s zoning to Special Residential and permitting the development of a maximum of 80 rural
residential lots and 2 rural lots.
This rezoning was gazetted in 1 May 1998 and has an associated Plan of Development (PoD)
referred to in the superseded planning scheme maps. The PoD established the footprint for
future development and open space areas. It also established the development parameters for
the site, including lot density and lot size.
The rezoning and PoD have now been superseded with the adoption of The Noosa Plan in
February 2006 and the rezoning approval is no longer current.
Under the rezoning approval, the applicant was required to dedicate a large portion of land for
the Walter Hay Drive road reserve. The PoD required a further application to be made to Council
for the subdivision of the land.


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