2020-02-20 Ordinary Meeting Minutes

ORDINARY MEETING MINUTES                                                       20 FEBRUARY 2020


    Council Resolution
    Moved:             Cr Wellington
    Seconded:          Cr Glasgow
    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.
         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.
                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.




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