2020-04-30 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                               30 APRIL 2020


     achieve a functional stormwater management plan,
     meet traffic and road design requirements,
     address the potential noise impacts of loading dock noise and mechanical equipment from the
      Noosa Civic Shopping Centre on adjacent lots intended for future residential development,
     retain sufficient vegetation to achieve a parklike setting, and
     provide for pathway linkages and the planned future transit lot.
Council, at its October 2019 meeting resolved to defer its decision at the applicant’s request to allow
further time for the applicant to address the issues raised by officers.
Further discussion with the applicant and changes to the proposal resulted in the applicant providing
additional information and amended plans for assessment and extension of the decision making
period.
The updated information and amended plans addressed many of the issues raised by officers in the
report to Council in October 2019, with the exception of the site’s significant koala habitat,
achievement of a parklike setting envisaged by The Noosa Plan and appropriate acoustic measures
for the proposed residential lots.
The proposal resulted in significant clearing of koala habitat contrary to the Noosa Plan, the State
Planning Policy and Planning Regulations 2017. The current Infrastructure Agreement also
complicated this matter, as Council was stopped from conditioning a monetary offset for the
proposed clearing of the koala habitat as would normally be available under the Environmental
Offsets Act 2014. This Infrastructure Agreement further prohibited Council from including conditions
relating to dedication of land and works external to the site required for the extension of Hofmann
Drive as a public road and implementation of the proposed bushfire management measures.
While the applicant prepared a deed of variation to the Infrastructure Agreement to enable Council
to condition the necessary land dedication and works required for the subdivision, there was no
agreement by the applicant to provide an offset for the clearing of koala habitat as the applicant
maintained that previous dedications of open space fully offset the clearing. There were also other
significant issues proposed by the deed of variation which were reported to Council in February 2020
rendering the deed not suitable for execution by Council.
As a result of Council’s decision to refuse the subdivision, the applicant lodged an appeal to the
Planning & Environment Court. The applicant seeks that the development should be approved with
reasonable and relevant conditions.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting, 20 February 2020, Item 7, Page 12
That Council note the report by the Coordinator Planning to the Special Meeting dated 28 October
2019 and the further report to the General Committee Meeting dated 17 February 2020 regarding
Application No. RAL18/0023 for a Development Permit for Reconfiguring a Lot – (1 Lot in 23 Lots)
situated at 28 Eenie Creek Road, Noosaville and:
A.    Refuse the application 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.


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