2017-11-07 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   7 NOVEMBER 2017


4                        APPEAL NO. 3560 OF 2017 DEVELOPMENT APPLICATION TO EXTEND THE
                         CURRENCY PERIOD FOR DEVELOPMENT PERMIT TO RECONFIGURE A LOT (52
                         LOTS & PARK) AT 191 HOLLETT ROAD, NOOSAVILLE
DOCUMENT INFORM AT ION




Author                           Manager Development Assessment, Kerri Coyle
                                 Environment and Sustainable Development Department

Index                            ECM/ Application/ 152006.1999.2/ Case/ Hofmann

Attachments                      Nil


EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Manager, Development to the Planning & Environment
Committee Meeting dated 7 November 2017 regarding Planning & Environment Court Appeal
No. 3560 of 2017 and agree to defend the appeal.


REPORT
A report on this application to extend the currency period of a Development Permit to
Reconfigure a Lot for 52 rural residential type lots and park by 2 years to 5 July 2019 was
considered at Council’s Ordinary Meeting on 17 August 2017. The report to Council concluded
that the development approval which had stemmed from a rezoning approval given in 1997 was
not consistent with the current laws and policies applying to the development, the community was
unlikely to be aware of the proposal, significant time had lapsed and bushfire and ecological
reports were outdated.
Accordingly, Council resolved to refuse the application for the following reasons:
1.   The approval is not consistent with the South East Queensland Regional Plan as the
     development would result in the creation of an urban settlement within an area where the
     intent is to protect the landscape and the capacity for rural production and the development
     would be prohibited under the Planning Regulations 2017.
2.   The approval is not consistent with the Noosa Plan 2006 as the proposed urban
     development is not located within an established village and would result in fragmentation
     of land holdings outside of areas already allocated for such purpose by the Noosa Plan.
     The development is also partly located within the Riparian Buffer area identified for
     protection by the Biodiversity Overlay.
3.   The approval is contrary to the South East Queensland Koala Conservation State Planning
     Regulatory Planning Provisions as the development will result in the removal of non-
     juvenile koala habitat trees.
4.   Different bushfire hazard mapping to that used for the initial approval applies as the State
     Planning Provisions came into effect after the original approval and results in a higher
     hazard rating. The higher hazard rating may require changes to setback/buffer areas and
     an amended subdivision layout. An updated bushfire management plan has not been
     submitted to enable an assessment of the current bushfire hazard.
5.   Significant time has lapsed since the ecological assessment reports were originally
     submitted and the information in these reports is now outdated. Updated ecological reports
     have not been submitted.


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