2019-12-16 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                             16 DECEMBER 2019


Ordinary Meeting Minutes, 18 April 2019, Item 5, Page 8
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 April 2019 regarding Planning & Environment Court
Appeal No. 245 of 2019 and agree to defend the appeal.
Finance & Risk
Council’s Barrister for the appeal has advised that given the joint coastal engineering report
conclusions, Council has very low prospects of success in resisting this appeal and the appeal
should be compromised subject to strict conditions which reflect the outcomes of the coastal
engineering joint report.
Council’s solicitor for the appeal concurs with this advice and similarly raises concerns that the
current Noosa Plan, though has a strong statement around the required setback and its
intentions, given the appeal relates to a swimming pool and deck only, Council is likely to have
difficulty in successfully defending the appeal.
The current costs for this appeal are $43,634 and if the matter was to proceed to trial it is
estimated that this would cost a further $100,000.
Consultation
External Consultation - Community & Stakeholder
Neil Collins – Engineer
Wakefield Sykes - Solicitor
Christopher Hughes QC - Barrister
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               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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