2021-09-13 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                     13 SEPTEMBER 2021


    Relevant        Noosa Plan 2006        Complies     Noosa Plan 2020                 Complies
    assessment
    benchmarks
    Height:         8 metres max               x        12 metres for that                  
                                                        portion of the site within
                                                        50 metres of the
                                                        frontage otherwise 10
                                                        metres
                                                        (Gateway site)
    Storeys:        2 storeys max                      3 storeys                           
                                                        (Gateway site)
    Plot ratio:     0.8:1                              0.8:1                               


8.3. Potential for Compensation
Under the Planning Act 2016 a person who was the owner of the premise when The Noosa Plan
2020 commenced (referred to in the Act as an affected owner), may make a claim for compensation
where:
        the planning scheme change reduces the value of an interest in premises (referred to in the
         Act as an adverse planning change);
        The request to apply the superseded planning scheme is refused;
        Where the development is assessable under the Superseded Planning Scheme, the
         application is made and refused, approved with conditions or approved in part; or
        Where the adverse change is a public purpose change.
However, pursuant to s30(4) of the Act an adverse planning change does not include a planning
change that:
(a)      has the same effect as another statutory instrument, other than a TLPI, for which compensation
         is not payable; or
(b)      is made to comply with the regulated requirements; or
(c)      includes infrastructure in a planning scheme, or removes or changes the infrastructure shown
         in a planning scheme, including under a designation; or
(d)      is about matters included in a LGIP; or
(e)      is made—
         (i) to reduce a material risk of serious harm to persons or property on the premises from natural
             events or processes (bush fires, coastal erosion, flooding or landslides, for example); and
         (ii) under a provision of the Minister’s rules that applies specifically to the making of a planning
              change to reduce the risk; or
(f)      is about the relationships between, the location of, or the physical characteristics of, buildings,
         works or lots, if the yield achievable is not substantially different from the yield achievable
         before the change; or
(g)      is made under section 276(1)(c) to identify all or part of a local government area as a party
         house restriction area
Notably for (f) above, the yield achievable is not substantially different from the yield achievable
before the change, in relation to building work for a residential building, if the gross floor area of the
residential building - (a) is not more than 2,000m2; and (b) is reduced by not more than 15%.
The applicant maintains that the changes are adverse planning changes which have reduced the
value of an interest in the premises and that refusal to apply the SPS to a development application
may trigger claims for compensation. It is the applicant’s position, supported by an indicative
assessment provided by a valuer, that the highest and best use of the site under the Noosa Plan

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