2020-06-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      9 JUNE 2020


12.   The proposed development is contrary to Schedule 10 Division 3 of the Planning
      Regulation 2017 as the development is situated in a koala assessable development area
      and does not avoid, minimise or mitigate interfering with koala habitat or propose a
      satisfactory offset to address any significant residual impact.
13.   The proposal is contrary to the State Planning Policy as the proposed development will
      adversely impact on koala habitat, with koala populations recognised as being matters of
      both national and state environmental significance.
A report on this application was originally presented to the Planning & Environment Committee
Meeting on 11 June 2019 and subsequently referred to the General Committee on 17 June 2019
due to the significance of the application. On 13 June the applicant stopped the decision making
period for 130 business days to allow representations to be made by the applicant to Council
officers regarding the application.
On 23 October 2019 an email with an attached letter was received from the applicant, with the
letter raising a number of questions relating to the application and requesting a meeting with
Council officers.
On 13 November 2019 a meeting was held between Council officers and the applicant to review
the issues raised in the letter. At this meeting Council officers reiterated the issues associated
with the grounds of refusal recommended by officers. At the conclusion of the meeting the
applicant advised that they would discuss these concerns with the property owner and seek
direction on providing amended plans.
After a number of follow up calls and emails by Council officers seeking advice on the applicant’s
intention with the application, the applicant advised on 4 March 2020 that they would not be
submitting further information and would like the application decided in its current form.
Accordingly the matter was reported to Council’s General Committee meeting on 16 March 2020,
with the application decided at the Ordinary meeting in March 2020.
Refer to Council’s Planning & Environment Committee Agenda, 11 June 2019, Item 4, page 60
for a full copy of the assessment report (https://www.noosa.qld.gov.au/downloads/file/623/2019-
06-11-planning-environment-committee-agenda-pdf)
An extract from the executive summary of the officer report to Council in June 2019 is provided
below for Council’s reference:
The site is characterised as containing significant environmental values with the site’s vegetation
identified as Environmental Protection by the Noosa Plan’s Biodiversity Overlay and of concern
regional ecosystem by the Vegetation Management Act. The site includes an important wildlife
corridor linking vegetation from Settlers Cover/Noosa Inlet through to Peppers Resort and the
Noosa National Park. A watercourse further traverses the site, which flows into the Noosa River.
The site contains sandy soils and has steep slopes, with slopes varying between 20o and 45o and
a history of a least one known land slippage. Edgar Bennett road reserve runs parallel to the
site’s western boundary with a public pathway constructed in this road reserve. Peppers Resort is
located on the site’s eastern boundary.
A previous development application for 30 multiple dwelling units and 12 accommodation units
for the site was approved by Council in 2005. This application was subsequently ‘called in’ by the
Minister due to the site’s wildlife corridor and in March 2006, the approval was amended by the
Minister to preserve a 50m wildlife corridor through the site. This approval has now lapsed.
The Noosa Plan zones approximately 1.35ha of the site as Open Space Conservation, with 2
small areas zoned Detached Housing and an area adjacent Peppers Resort zoned Attached
Housing. The proposed development extends significantly into the areas zoned Open Space
Conservation and outside the area’s zoned for development. The applicant submits that there is
good reason for this and being guided by comprehensive site-specific technical reports, the
development has been located on less constrained land offering significant benefits.



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