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2020-05-13 SM - FURTHER REPORT - 152006.1999.4 - Application to make a minor change to an existing approval at 191 Hollett Rd, Noosaville
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SPECIAL MEETING REPORT 13 MAY 2020 FURTHER REPORT - 152006.1999.4 - APPLICATION FOR A MINOR CHANGE TO DEVELOPMENT APPROVAL TO RECONFIGURE A LOT (52 LOTS & PARK) AT 191 HOLLETT RD, NOOSAVILLE DOCUMENT INFORMATION Author Manager Development Assessment, Kerri Coyle Environment and Sustainable Development Department Index ECM/ Application /152006.1999.4 Attachments Nil EXECUTIVE SUMMARY Not applicable. RECOMMENDATION That Council note the report by the Manager Development Assessment to the Special Meeting dated 13 May 2020 and the Further Report to the Special Meeting dated 13 May 2020 regarding Application No. 152006.1999.4 to make a minor change to an existing approval to Reconfigure a Lot (52 lots and park) situated at 191 Hollett Rd, Noosaville and: A. Refuse the application for the following reasons: 1. The proposed development conflicts with the South East Queensland Regional Plan as the site is located in the Regional Landscape and Rural Production area, in an area where the intent is to protect the landscape, environmental values and capacity for rural production and where rural settlement lots are not expected. 2. The proposed development conflicts with the requirements of Planning Regulation 2017 as it is located in the Regional Landscape and Rural Production Area and will result in the removal of koala habitat. The proposed development would be prohibited development under the current regulations. 3. The proposed development is inconsistent with the Noosa Plan’s Strategic Framework as the proposed development will not conserve land for agricultural purposes and will result in development inconsistent with the rural character and amenity of the locality. 4. The proposed development is not consistent with the outcomes sought for the site by the Tewantin and Doonan Locality Code, being located outside the urban growth boundary, and on rural land intended to be protected and managed to preserve the scenic and environmental values of the locality. 5. The proposed development fails to meet the Overall and Specific Outcomes of the Biodiversity Overlay Code as the proposal will result in the removal of significant vegetation, intrude into riparian buffers, and remove koala habitat. 6. The proposed development does not satisfactorily address the risks to people and property from bushfire and the proposed bushfire mitigation measures will adversely impact on the site’s environmental values. 7. There is no need for the proposed development. 8. Changes are sought to conditions and the approval including conditions concerning the timing of the development which are the subject of dispute in other appeals. B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. Page 1 of 2
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Section 2
SPECIAL MEETING REPORT 13 MAY 2020
REPORT
A report on this application for a minor change to the development approval was referred to the
Special Council meeting on 13 May 2020. The report was subsequently reviewed by Council’s
legal team for the appeals over this site wherein it was identified that part of the applicant’s request
to extend the timeframe to complete the development within 6 years of the date of this change
approval was not specifically dealt with and should be addressed.
The applicant’s request to extend the time frame to complete the development was made in respect
to condition 5 which currently requires:
5. The uncompleted aspects of this development approval lapses if the subdivision plan for the
last stage of the development has not be registered by the relevant titles authority within 6
years of the date this approval takes effect.
In this regard Council’s legal team have advised the following:
“The conditions of approval cannot be changed unless and until the appeals with respect to the
relevant period for the commencement of the development are determined in favour of the
applicant. This includes condition 5 with respect to completion of the development.”
As outlined in the background in the report to Council’s Special Meeting, the applicant has lodged
two appeals in response to Council’s decision to refuse two separate applications to extend the
currency period of the development approval. Condition 5 therefore cannot be properly set unless
these applicant appeals against Council’s refusal to extend the currency period of the approval are
determined successfully in favour of the applicant.
It is therefore appropriate that the grounds of refusal be amended to better address and clearly
respond to the applicant’s application. An additional ground of refusal, reason number 8, is
therefore recommended to Council.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes - Solicitor
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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