2020-04-30 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                                30 APRIL 2020


      ii.    The proposal fails to ensure a high level of residential amenity as it does not provide for
             acoustic fencing to lots 17, 18 and 19 or provide any noise mitigation measures to
             existing plant equipment and loading dock areas and fails to address the future amenity
             of Lot 21, contrary to Specific Outcome O1.
      iii.   The proposal does not retain suitable existing vegetation to ensure future development
             will be within a park like setting contrary to Specific Outcome O3, O22 and O125.
      iv.    The proposal will adversely impact on the site’s environmental values contrary to Overall
             Outcomes 11.7.2a)iv and 13.7.2a)ii, Specific Outcomes O3, O22 and O125.
6.    The proposed subdivision is inconsistent with the Reconfiguring a Lot Code as:
      i.     Insufficient provision has been made for walking and cycling linkages with the existing
             development in the Shire Business Centre as the proposed network and linkages are
             unable to be implemented contrary to Overall Outcomes 14.181.2f), Specific Outcomes
             O8 and O9.
      ii.    The proposed lots will have a significant adverse impact on the natural environment and
             will not retain the sites natural environmental values contrary to Overall Outcomes
             14.181.2g), Specific Outcomes O21b and O22.
7.    Bushfire mitigation measures do not satisfactorily address the risk of bushfire contrary to
      Overall Outcomes 13.30.2a), 13.30.2c), Specific Outcomes O4, O7, O8, O9, O11 and O12 of
      the Natural Hazards Overlay Code.
8.    Bushfire mitigation measures result in the removal of vegetation contained within OS3 as
      detailed in Schedule 4 (Shire Business Centre Map) of the Noosa Plan.
9.    The proposed development is contrary to the draft Noosa Plan provisions, which support the
      refusal of the development application for the same reasons as those applicable under the
      current Noosa Plan because of non-compliance with requirements for pedestrian/cycle links,
      an appropriate response to the site’s natural hazards and protection of the site’s environmental
      values including vegetation retention.
10.   The proposed development cannot be conditioned to comply with the above assessment
      benchmarks.
11.   There are no matters that would warrant approval of the development application
      notwithstanding the noncompliance with the assessment benchmarks.
Refer to Council’s General Committee Agenda, 17 February 2020, Item 7, Page 28 for a full copy of
the assessment report (https://www.noosa.qld.gov.au/downloads/file/2041/2020-02-17-general-
committee-agenda).
The code assessable application was referred to Council given the subdivision sought to facilitate
the future stages of the Noosa Business Centre and represented a significant development for Noosa
Shire. The subdivision also involved a current infrastructure agreement between Council and the
land owner signed at the time of construction of stage 1 of Noosa Civic.
The application was reviewed over an extended period of time with numerous meetings held with
the applicant in an attempt to resolve the issues identified by officers and consultants engaged to
assist in the assessment. However, in October 2019 Council officers reported the matter to Council
as no agreement had been reached on a number of issues and the decision time frame was due to
expire.
The report to Council in October 2019 recommended refusal of the application due to non-
compliance with the State Planning Regulations, State Planning Policy and The Noosa Plan
requirements for the subdivision of the land. These non-compliances related to the proposal’s failure
to:
     satisfactorily address the site’s significant koala habitat,
     include appropriate mitigation measures to minimise the threat of bushfire,

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