2020-04-30 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                             30 APRIL 2020



4    MCU18/0166 - PLANNING & ENVIRONMENT COURT APPEAL NO DB897 OF 2020 –
     REFUSAL OF APPLICATION FOR MATERIAL CHANGE OF USE FOR SERVICE &
     UTILITY - TYPE 3 (TOWER) AT 244 TABLELANDS ROAD, COORAN

Author            Development Planner, Nadine Kirley
                  Environment & Sustainable Development Department

Index             ECM/ Application/ MCU18/0166/Case/Aurecon

Attachments       Nil


EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Development Planner to the Ordinary Meeting dated 30 April
2020 regarding Planning & Environment Court Appeal No. DB897 of 2020 and agree to defend the
appeal.


REPORT
Council, at its Ordinary meeting on 20 February 2020, resolved to refuse an application to construct
a NBN Tower on land at 244 Tablelands Road, Cooran for the following reasons:
1.   The proposed infrastructure will compromise the scenic amenity and regional landscape in an
     area identified by the SEQ Regional Plan as being of regionally significant scenic amenity
     contrary to the strategies referred to in Element 4 of Chapter 3 Goal 4:Sustain.
2.   The proposed development is inconsistent with Desired Environmental Outcome 3.1.3 m) viii
     of the Noosa Plan as the proposed development is visually prominent in the view from
     premises along Tablelands Road.
3.   The development application proposes a use that is inconsistent in the Rural Zone of the Mary
     River Catchment Locality;
4.   The proposal is inconsistent with the Mary River Catchment Locality Code in the following
     respects:
     4.1   The visual amenity enjoyed by users of nearby premises is adversely impacted contrary
           to Overall Outcome 8.7.2 a)iii;: 6, Version Date: 26/02/2020 Document Set ID: 21092349
           Page 2 of 20
     4.2   The scale and form of the structure is not integrated into the landform and landscape
           contrary to Version Overall Outcome 8.7.2 k)iii;
     4.3   The siting of the proposed structure does not protect significant views to Mt Cooroora,
           Mt Cooran and Mt Pinbarren contrary to Overall Outcome 8.7.2 v) and Specific Outcome
           O2;
     4.4   The scenic values and rural amenity of the locality are adversely impacted contrary to
           Overall Outcome 8.7.2 mm)ii;
5.   The proposal is inconsistent with the Infrastructure Uses Code because it,




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