2020-02-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       11 FEBRUARY 2020


As demonstrated in the previous table, appeal costs can vary greatly depending on the range of
issues raised by the proposed development, the complexity of those issues and the number of
experts engaged by Council for the appeal. The appellant is also afforded the opportunity to make
changes to their proposal during an appeal, subject to the Planning Act 2006 requirements, which
contributes to additional costs for Council.
The total cost of Planning and Environment Court appeals to Council in any one year has varied
over time as set out in the table below, but generally appeal costs are rising. Where a complex
matter has proceeded to trial, costs for a single trial can be close to or exceeding $1,000,000.
        2014/15         2015/16           2016/17           2017/18           2018/19               2019/20
                                                                                            as at 31 Dec 19

      $740,309        $392,834        $1,127,888        $1,298,463        $1,184,130               $563,537

3.    Current Planning Appeals
There are 11 current appeals with the Planning & Environment Court regarding development
applications in Noosa. This is considered generally an average number of appeals active at any
one time, noting that some appeals can extend across several years. The current appeals are
summarised in the table below.

 Appeal           Description of Matter                         Status
 Thomco           Originating application appeal seeking to     The appeal is allocated for a 2 day hearing
                  change a condition of the approval to         during the February/March 2020 sittings
                  allow the approved motel to be built in
                  stage 2
 J&K              3 appeals against Council’s decision to       Applicant has lodged an application with
 Hofmann          refuse an application to extend the           Council to change the approved
                  currency period of a subdivision approval     subdivision plan. The proposed changes
                  for 52 lots and park and issue an Action      will be reported to a future Council meeting
                  Notice to their application for plan
                  sealing.
 Gabarrin         Appeal against Council’s decision to          A second mediation with the Court
                  refuse an application to subdivide 135        Registrar is proposed in February 2020
                  Lake Weyba Drive, Noosaville for 4 lots.
 RACV             Appeal against Council’s decision to          Applicant has lodged an application with
                  refuse an application to extend the           Council to change the development
                  currency period of an approval for 10         approval. The proposed changes will be
                  multiple dwelling units at 142 Noosa          reported to a future Council meeting
                  Drive, Noosa Heads
 Tritton &        Appeal against Council’s decision to          Appellant is preparing further information
 Loxton           refuse an application to subdivide 20 Mitti   to address the flooding impacts and
                  St, Noosa Heads for 2 lots                    identify any possible resolutions
 Andema Pty       Appeal against Council’s decision to          Expert joint reports are currently being
 Ltd              refuse an application to extend the           prepared
                  currency period of an approval for to
                  redevelop 6 Heron St, Peregian Beach
 Brett Mason      Appeal against Council’s decision to          Geotechnical joint report due by 28
                  refuse an application for a new house at      February 2020, with all other joint reports
                  54 Seaview Tce, Sunshine Beach                due by 6 April 2020
 64 Gateway       Appeal against Council’s decision to          All parties attended mediation on 23
 Drive Pty Ltd    refuse an application for 16 ancillary        January 2020, but no resolution reached
                  dwelling units at 64 Gateway Drive,
                  Noosaville


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