2020-02-20 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                        20 FEBRUARY 2020


    Motion
    Moved:             Cr Wellington
    Seconded:          Cr Stockwell
    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 contrary to 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 contrary to the State Planning Policy as the proposed development
                will adversely impact on koala habitat, with koala populations recognised as being
                matters of both national and state environmental significance.
         3.     The proposal is contrary to the State Planning Policy as the proposed 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 is contrary to the Overall and Specific Outcomes of the
                Noosaville Locality Code as:
                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 as these
                       are unable to be implemented.
                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. The
                       proposal also fails to address the future amenity of Lot 21.
                iii.   The proposal fails to provide for suitable retention of existing vegetation to
                       allow for future development to be within a park like setting.
                iv.    The proposal will adversely impact on the site’s environmental values.
         5.     The proposed development is contrary to the Biodiversity Overlay Code as the
                proposal will adversely impact on koala habitat, does not maximise the retention of
                existing vegetation, and proposes to prematurely clear significant vegetation
                inconsistent with the needs of the community.
         6.     The proposed subdivision is contrary to the Reconfiguring a Lot Code as:
                i.     Insufficient provision has been made for walking and cycling linkages with
                       the existing development in the Shire Business Centre as the proposed
                       network and linkages are unable to be implemented.
                ii.    The proposed lot will have a significant adverse impact on the natural
                       environment and will not retain the sites natural environmental values.
         7.     The proposed development is contrary to the Natural Hazards Overlay Code as
                bushfire mitigation measures do not satisfactorily address the risk of bushfire as
                they are not envisaged by the Shire Business Centre Map and are unable to be
                implemented.


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