2017-07-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      11 JULY 2017


   Existing development rights are considered to exist under the original rezoning
     development permit;
   Results in dedication of significant open space which will result in considerable community
     benefits through the long-term conservation of areas with ecological values.
   The site adjoins the urban fringe of Noosaville, is the next in sequence and is surrounded
     by urban and rural residential development to the north and west of the site which is
     compatible and similar in nature.
2.   SITE DETAILS
2.1. 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referred to in the superseded planning scheme maps.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The rezoning and PoD have now been superseded with the adoption of The Noosa Plan in 2006
and the rezoning approval is no longer current.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.
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considered under the superseded planning scheme as provided for under the Integrated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development application for reconfiguration could be assessed against the Superseded Planning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 application was refused as Council was instructed by the Department of Environment &
Resource Management (as Concurrence Agency) to refuse it. 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 1.
In 2012 the site was part of an application which also included land situated at 99 Hollett Road,
106 and 108-142 Tidswell Road Wyeba Downs.
The application sought preliminary approval under section 242 of the Sustainable Planning Act 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.


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