2014-12-09 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                               9 DECEMBER 2014


     Aboriginal Cultural Heritage Act 2003
     3.    There may be a requirement to establish a Cultural Heritage Management Plan
           and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
           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 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 Co-ordination Unit on 07 3239 3647 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 will help to address a significant need for low-cost accommodation
           for self-contained RV travellers in the Noosa area.
     2.    The development will provide economic and community benefit through increased
           visitation to the Noosa hinterland.
     3.    The development provides for the adaptive re-use of the existing nursery on the site.
     4.    The site’s location near the Bruce Highway is appropriate to cater for self-contained
           RV traveller’s needs.
     5.    The development will not have significant adverse impacts on residential amenity or
           water supply quality.



REPORT
1.   PROPOSAL
The application seeks a Development Permit for a Material Change of Use of premises for a
Recreational Vehicle (RV) Stop, which is an undefined use under The Noosa Plan. The site is an
approved wholesale nursery that currently operates well below its former capacity. The applicant
proposes to allow up to 20 self-contained RV’s stay on the premises for short term stays. In
order to overcome planning constraints relating to a mining lease for the dormant Nandroya
Quarry pit on adjoining land, the applicant seeks a temporary approval of 2 years only with an
annual renewal process thereafter.

Self-contained RV’s are to be parked within 10m x 20m spaces on existing gravel pads
throughout the site. No new infrastructure is proposed, other than stormwater management
improvements. The application states that RV’s staying at the site must be fully self-contained
and have their own water supply, ablutions and storage for grey and black water.

A copy of the proposal plans is included as Attachment 1. The application is before Council due
to the fact that the use is not defined by The Noosa Plan and raises planning conflicts.




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