2014-07-22 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                        22 JULY 2014


      In addition, a report on the management processes and protective measures for these
      trees after occupation of the building for each of the stages is to be prepared by a person
      suitably qualified in this field. A copy of this report is to be submitted to Council and the
      recommendations of this report are to be utilized as ongoing management procedures for
      preservation of the trees.

On 8 March 2007, Council refused an application to change an existing development
approval which sought to remove the mango trees. On 12 April 2010, Council again refused
a request to remove the trees for the following reasons:

    The visual amenity and streetscape character of Poinciana Avenue and Sidoni Street
      as part of the major road network will be adversely impacted upon by the removal of
      the mango trees.
    The mango trees are considered an important character species of the locality and its
      removal would impact on the amenity and character of the area.
    There is no current evidence that the mango trees are causing any significant impact
      on the structural integrity of the buildings on site nor creating uneven footpath
      surfaces.
    The removal of the mango trees would be contrary to the Specific Outcomes of the
      Tewantin Doonan Locality to retain tall trees which add character to the locality.
2.2. Site Description
The Atrium development is situated on the corner of Poinciana Avenue and Sidoni Street.
The two mature mango trees are located along the Sidoni Street frontage and currently
provide important shade and amenity to the open court yard of the commercial development.
These mango trees existed at the time of the original development application and were
specifically incorporated into the development to allow for their retention. A Locality Plan and
Site Photos are included as Attachments 1 & 2.
3.    ASSESSMENT
The applicant has requested a change to a development approval under s369 of the
Sustainable Planning Act 2009. A request to change a development approval under s369
can only be made in circumstances where that change would constitute a ‘permissible
change’.

The proposed change to the development approval requested by the applicant is determined
to constitute a permissible change on the grounds that:
    The change would not result in a substantially different development;
    The change would not require the application to be referred to additional concurrence
      agencies;
    The original application was impact assessable and the proposed replacement of the
      existing mango trees with mature Poinciana character tree species suited to the
      Tewantin locality, would not likely cause a person to make a properly made
      submission; and
    The change would not cause the approval to involve prohibited development.

On this basis, the applicant has followed lawful process in making a request under s369 of
the Act.
3.1. The Noosa Plan
The subject site is located in the Tewantin & Doonan Locality and is zoned Business Centre.
Specific Outcomes O14 and O15 of the Locality Code seek for existing character trees such
as euchalypts, poincianas, melaleucas and figs are retained, as they add to character of the
locality.



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