2020-04-30 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                             30 APRIL 2020


5    RAL18/0023 - PLANNING & ENVIRONMENT COURT APPEAL NO 765 OF 2020 –
     REFUSAL OF APPLICATION FOR RECONFIGURING A LOT (1 INTO 23 LOTS) AT 28
     EENIE CREEK ROAD, NOOSAVILLE

Author            Manager, Development Assessment
                  Environment & Sustainable Development Department

Index             ECM/ Application/ RAL18/0023/Case/Stockwell

Attachments       Nil.


EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Ordinary Meeting
dated 30 April 2020 regarding Planning & Environment Court Appeal No. 765 of 2020 and agree to
defend the appeal.


REPORT
On 20 February 2020, Council, at its Ordinary meeting resolved to refuse an application to
reconfigure 1 lot into 23 lots at 28 Eenie Creek Road, Noosaville for the following reasons:
1.   The proposal is inconsistent with schedule 11, part 2, section 7 of the Planning Regulation
     2017 as the development is situated in a koala assessable development area and does not
     avoid clearing non-juvenile koala habitat trees in circumstances in which any significant
     residual impact of the clearing is unable to be offset.
2.   The proposal is inconsistent with biodiversity assessment benchmarks (1), (2), (4) and (5) of
     Part E of the State Planning Policy as the development will adversely impact upon koala
     habitat, with koala populations recognised as being matters of both national and state
     environmental significance.
3.   The proposal is inconsistent with assessment benchmarks (3) and (4) natural hazards, risk
     and resilience of Part E of the State Planning Policy as the development does not facilitate an
     appropriate disaster management response and recovery capacity and capabilities as the
     emergency access points are unable to be implemented.
4.   The proposed development will adversely impact upon koala habitat, does not maximise the
     retention of existing vegetation, and proposes to prematurely clear significant vegetation
     inconsistent with the needs of the community contrary to Overall Outcomes 13.7.2a)i,
     13.7.2a)iii, 13.7.2a)iv, 13.7.2b), 13.7.2c), 13.7.2d) i, 13.7.2d)vii, 13.7.2g), and Specific
     Outcomes O1b, O2, O3, O7, O8b), O11, O16, O18a), O18b), O18f), O18h), O19b), O19c),
     O19d), O19g) and O19i) of the Biodiversity Overlay Code.
5.   The proposed development is inconsistent with the Overall and Specific Outcomes of the
     Noosaville Locality Code in the following respects:
     i.    The proposal does not provide a satisfactory pedestrian and cycle network for the future
           development of the area and fails to provide satisfactory linkages with the existing
           development in the Shire Business Centre contrary to Overall Outcomes 11.7.2j) and
           tt)viii), Specific Outcomes O25, O100, O101, O127, O138 and O156.


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