2018-12-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               11 DECEMBER 2018


It is considered the applicant has not justified why the proposal cannot be located landward of the
Coastal Building Line. The applicant suggests the swimming pool and the proposed 6m landscaped
setback is not sufficient to protect the development in the event of erosion and the Coastal Building
Line is essentially meaningless in this instance.
Furthermore, the lot is highly vulnerable to coastal erosion and it is imperative to provide the
maximum buffer to the sea to minimise the risk to coastal erosion. The 15m Coastal Building Line
setback provides this buffer and ensures the development is more resilient to coastal erosion and
sea level rise as climate change occurs.
Superseded Noosa Planning Scheme
The 1985 Noosa Planning Scheme (pre Integrated Planning Act version) was in force at the time
of the original approval. Provisions in the superseded Planning Scheme required that on land in a
sand dune problem area—
(a)   No person shall on land included in a sand dune problem area or steeply sloping land—
      (i)     concentrate water on any part thereof;
      (ii)    carry out any drainage works thereon or effect any alteration to existing drainage
              works;
      (iii)   carry out any excavation, filling or any other earthworks;
      (iv)    clear the land of any existing vegetation;
      except with the consent of the Council and in accordance with the conditions, if any, to which
      such consent is subject.
Under the superseded Planning Scheme, the dwelling was approved with 2 balconies cantilevered
between 2.5m and 3.5m seaward of the Coastal Building Line resulting in no excavation seaward
of the Coastal Building Line. The Planner’s report indicates a ‘15m no building zone’ and allowed
a front setback dispensation given the sites constraints; topography and the presence of the
Coastal Building Line. Considering the extent of excavation and the removal of vegetation for the
in-ground water storage tanks and the swimming pool, the subject proposal does not comply with
the Planning Scheme in force at the time of the original approval.
The Noosa Plan
Biodiversity Overlay Code
Approximately 7m to 8m of the rear of the property is affected by the Biodiversity Overlay with
Environmental Protection.
The proposal seeks to remove some vegetation within the Environmental Protection area for the
building works. Specific Outcome O1 of the Biodiversity Overlay is relevant and is provided below:
Environmental Protection Area & Environmental Enhancement Area Vegetation & Riparian
Buffer Area
O1 Vegetation of local origin on premises identified as—
a)    Environmental Protection Area or Riparian Buffer Area on the Biodiversity Overlay Maps
      OM1.1 to OM9.1, is retained and conserved in its present form or improved to ensure its
      ongoing contribution to the natural resources and biological diversity of the Noosa Shire; …




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