2014-12-09 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                9 DECEMBER 2014


     Aboriginal Cultural Heritage Act 2003
     2.     There may be a requirement to establish a Cultural Heritage Management Plan
            and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH
            Act).
            The ACH Act establishes a cultural heritage duty of care which provides that: “A
            person who carries out an activity must take all reasonable and practicable measures
            to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to
            fail to comply with the duty of care. Substantial monetary penalties may apply to
            individuals or corporations breaching this duty of care. Injunctions may also be issued
            by the Land and Resources Tribunal, and the Minister administering the ACH Act can
            also issue stop orders for an activity that is harming or is likely to harm Aboriginal
            cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
            You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any
            obligations under the ACH Act.
B.     Find the following are sufficient grounds to justify the decision despite the conflict with the
       Planning Scheme:
       1.    The development is an expansion of an existing approved golf course within the
             Rural Settlement zone.
       2.    The golf course requires a large site that generally necessitates a rural setting.
       3.    The development will not have significant adverse impacts on the amenity of
             existing residents or the existing rural character of the area.



REPORT
1.   PROPOSAL
The application seeks a development permit for a Material Change of Use for an Open Space –
Type 1 Sport & Recreation use to allow for the expansion of the Noosa Par 3 golf Course. The
applicant proposes to expand the existing 27 hole course to 36 holes via some minor
reconfiguration of the existing holes on Lot 3 on RP223289 and constructing new holes on an
adjacent Rural Settlement zoned property, Lot 3 on RP223289. An extract of the proposal plan
indicating the new holes on either side of an existing vegetated watyercourse is shown in Figure
1 below. No other structures are proposed. The full proposal plan is included as Attachment 1.

This report is before Council due to the fact that the use is identified as inconsistent within the
Rural Settlemet zone.




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