2023-03-07 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    7 MARCH 2023


2    PLANNING & ENVIRONMENT COURT APPEAL NO. D14 OF 2023 – APPLICATION FOR
     A MULTIPLE DWELLING (20 UNITS) & OPERATIONAL WORKS CLEARING OF
     VEGETATION AT 11C CHURCH STREET, POMONA

Author           Acting Development Assessment Manager, Patrick Murphy
                 Environment & Sustainable Development Department

Index            ECM/ Application/ MCU22/0031 & OPW22/0062/ Case/ D14/2023 Pace
                 Planning Pty Ltd

Attachments      Nil

EXECUTIVE SUMMARY
This report advises Council that an appeal has been lodged against a decision made under
delegation by officers to refuse a multiple dwelling development of 20 units and operational works
for clearing of vegetation at 11C Church Street, Pomona.
The application was refused by officers due to non-compliance with the Noosa Plan 2020
requirements for stormwater and drainage, excessive cut and fill, environmental impacts and
unsatisfactory built form.
The matter is in order for Council to defend the appeal.

RECOMMENDATION
That Council note the report by the Acting Manager Development Assessment to the Planning &
Environment Committee Meeting dated 7 March 2023 regarding Planning & Environment Court
Appeal D14 of 2023 and agree to defend the appeal.

REPORT
On 21 December 2022 Council officers under delegation refused a development application for a
multiple dwelling of 20 units and operational works for clearing of vegetation at 11C Church Street,
Pomona for the following reasons:
1.   The proposed development does not comply with PO2(c), (b), PO7, PO9 and PO11 of the
     Water Quality and Drainage Code as it has not been satisfactorily demonstrated that:
     a)    the development will not increase flows and flood impacts downstream of the site, with
           the report showing the development will increase flows and flood impacts downstream
           of the site and there are existing flood-inundated properties at risk;
     b)    the development will be able to convey the external up-slope catchments through the
           development site whilst achieving adequate freeboard for the proposed units and
           internal driveways and parking free of flooding;
     c)    the proposed bioretention system has been designed or located to maximise landscape
           amenity benefits and is able to be adequately accessed for on-going maintenance.
     d)    the development will be able to incorporate vegetated natural channel design for the
           proposed northern drainage channel replacing a mapped waterway, whilst achieving
           adequate freeboard for the proposed units.
2.   The proposed development does not comply with PO1, PO3, PO10 and PO5 of the Flood
     Hazard Overlay Code as it has not been satisfactorily demonstrated that:
     a)    the proposed units will be able to achieve adequate freeboard above the DFE and the
           private open space of the units will achieve adequate flood immunity for the local
           catchments which enters the site from the North and West;
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