2017-09-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               12 SEPTEMBER 2017


Assessment
The proposed retention of the tree adjacent to the driveway is a positive outcome as the current
plans allow for its removal although it is acknowledged that the driveway construction may
prevent the tree from being retained in the longer term. The retention of the tree creates conflict
with the Bushfire Management Plan (BMP) in that it is a potential bushfire hazard and situated
within close proximity of Block 17. Bblock 17 is to be developed within Stage 9A. To overcome
this conflict the applicant requests that a revised BMP be provided prior to the issue of the
Operational Works permit for Stage 9A. As the proposed retention of the tree will not impact on
any other stage of the proposed development it is considered reasonable to modify condition 12
to require that an amended BMP be provided prior to the issue of the related Operational Works
permit. Accordingly it is recommended that Condition 12 be amended to read:
12.   The development must comply with the Bushfire Hazard Assessment and Management
      Plan AC1345BFIRE Rev.1, Duke Environmental Letter dated 25/10/2016 and Fire and
      Evacuation Management Plan 7043/DA28 contained in the Parc Noosa Bushfire
      Management Plan and Evacuation Plan for Owners and Tenants. Certification of
      compliance with this condition must be provided to Council prior to occupation of each and
      any stage of the development. A revised Bushfire Management Plan, which addresses the
      retention of the tree adjacent to Block 17 where proposed to be retained, must be
      submitted prior to the lodgement of an Operational Works Permit for Stage 9A.
Condition 19
19.   The requirements of this development approval are to be effected, prior to the use of the
      premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
      this approval to effect compliance with conditions.
Applicant’s requested change
Given the proposed staged nature of the development, it is requested that this condition be
amended such that staging is appropriately reflected. This condition currently requires that all
conditions be fulfilled prior to the use of the premises. It is understood that the intent of the
approval is to facilitate staged development. As such, it is requested that the condition be revised
such that only those conditions that relate to a particular stage are to be fulfilled prior to the use
commencing within the relevant stage.
Assessment
It is noted that the previous change application which introduced staging to the development
approval did not result in a change to this condition. However due to the substantial nature of the
development it is considered reasonable that relevant requirements of the approval only be
affected prior to the occupancy of that stage of the development. It is recommended that the
condition be amended to read:
19.   The requirements of this development approval are to be effected for each stage, prior to
      the use of each stage. Council reserves the right to call upon the bond or guaranteed sum
      referred to in this approval to effect compliance with conditions.
Condition 21
21.   The developer must obtain all of the other Development Permits referred to in the Decision
      Notice, prior to obtaining a Development Permit for Building Works.
Applicant’s requested change
Not dissimilar to the request above in relation to Condition 19, it is requested that this condition
be amended such that staging is appropriately reflected. This condition currently requires that all
other Development Permits are to be obtained prior to obtaining a Development Permit for
Building Works. It is requested that the condition be revised such that only those approvals that
relate to a particular stage are to be obtained prior to obtaining a Development Permit for
Building Works for the relevant stage.


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