2020-06-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                           9 JUNE 2020


7.      The proposed development will adversely impact on the vegetated character of the
        adjoining pedestrian path in Edgar Bennett Avenue road reserve enjoyed by residents and
        visitors to the area due to the scale and extent of development proposed along this
        boundary and limited landscape opportunities to screen the development. The proposed
        works for the driveway and associated retaining walls are also likely to adversely impact on
        the vegetation within the road reserve and result in the removal of some existing mature
        vegetation.
8.      The proposed stormwater management strategies for water quality for the multiple housing
        development on lot 1 conflict with the Water Sensitive Design Code, which requires natural
        treatment strategies and systems and are contrary to the Reconfiguration of Lot Code.
9.      The proposed proprietary device has not been accepted by Stormwater Australia as a
        satisfactory water quality treatment system for this area. Therefore, the proposed
        development may adversely impact on the downstream ecosystem due to changes in water
        quality.
10.     The proposed development is contrary to the draft Noosa Plan provisions which are more
        protective of the site’s environment values and consequently more restrictive of
        development.
11.     The application attracted a considerable number of public submissions raising valid
        grounds of objection to the development.
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.
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with this appeal, particularly given the range of issues associated with this site a
number of experts will be required as part of an appeal and should this proceed to trial.
There are no current court orders for the appeal.
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                      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


                                                                                         Page 41 of 55