2022-08-09 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                   09 AUGUST 2022



6     PLANNING & ENVIRONMENT COURT APPEAL NO D100 OF 2022 – ENFORCEMENT
      NOTICE FOR OPERATION OF AIRSTRIP WITHOUT A DEVELOPMENT APPROVAL AT
      LAKE WEYBA DRIVE, NOOSAVILLE


Author            Manager Development Assessment, Kerri Coyle
                  Environment & Sustainable Development

Index             ECM / Application / COM20/0675/ & Case / D100 of 2022 (Noosa Airfield Pty
                  Ltd)

Attachments       Nil


EXECUTIVE SUMMARY
Not Applicable

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 August 2022 regarding Planning & Environment Court
Appeal D100 of 2022 and agree to continue enforcement against Noosa Airfield to address the
current breach of the Noosa Plan 2020 and Planning Act 2016.


REPORT
During 2020 Council received several complaints from residents near Lake Weyba about aircraft
noise coming from the airstrip near Lake Weyba. Residents submitted that there had been an
increase in aircraft noise and aircraft activity from the airstrip.
The present use of the land for airfield purposes involving the landing and take-off of aircraft and
associated facilities being housing, servicing, maintenance and repair of aircraft is unlawful as:
•     the original town planning consent for the use expired many years ago;
•     a subsequent rezoning approval in 1994 to Special Facilities was never completed despite
      correspondence by Council at the time noting the Council’s concerns in this regard.
•     the property is located in the Community Facilities Zone (Air Service) under the Noosa Plan
      2020 and requires an impact assessable application for a Material Change of Use .
The expiration of the approval and lack of a development approval has been previously brought to
the attention of the owner on a number of occasions, most recently in 2017/2018 when Council
investigated complaints about numerous trucks carrying fill material to Noosa Airfield. These
investigations found that significant uncontrolled fill material and builders demolition materials had
been placed into a manmade waterway and vegetation had been removed from a riparian buffer
area.
Noosa Airfield was advised that the use was to cease forthwith and if they intended to continue
with the use of the airfield it would be necessary to make a development application to Council.
Given the lack of any satisfactory response to previous correspondence and given Council was
continuing to receive complaints in relation to noise impacts arising from the use, formal
correspondence to Noosa Airfield was issued requiring them to cease the use or lodge a
development application with Council.
Noosa Airfield have now lodged an appeal against the Enforcement Notice suggesting Council has
consented to the use continuing; sought to recognise its existence through its planning schemes;

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