2018-07-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      10 JULY 2018


charges. The first extension included an additional condition under the Court order for the then
missing stormwater network.
An extension to the relevant period would trigger any additional Infrastructure Charge Notice
(ICN) for the remaining missing Public Transport Network.
(b)     the community’s current awareness of the development approval;
The applicant’s response to this criterion includes:
The Sustainable Planning Act details that the community’s awareness of the proposal is to be
considered in determining a request to extend the relevant period. The subject site was
advertised for sale in May 2015 with real estate sign boards clearly detailing the existing approval
relevant for the site. The approval over the site was also detailed in the media advertising
campaign associated with the site including advertisements in the local newspaper the Noosa
News.
The current owner purchased the site on 27th June 2015 after which the real estate sign board
was removed. The provision of this sign board on the site, as well as the existing access
driveway to the site from the RACV lot highlighted to the community that a development was
approved for the subject site.
Assessment
Considerable time has lapsed since the original notification in 2007, which has provided the
property owner with substantial opportunity to act. Council originally refused the previous
application to extend the relevant period based on this criterion.
Since the development was approved, there have been no related approvals lodged or any works
carried out onsite that would draw public attention to the development. It is likely that many
current members of the community would not be aware of the development approval.
Since the development approval was issued in 2008 the property owner could have undertaken a
range of activities to progress the development approval. These activities include:
    Lodgement of an Operational works application for Operational Works for Frontage Works,
      Stormwater and Drainage, Sewer Reticulation, Water Reticulation etc;
    Lodgement of amended plans with Council to satisfy the requirements of the Decision
      Notice; and
    Dedication of required land to the Crown;
The property owner has not undertaken any of these steps to progress the development.
(c)   whether, if the request were refused:
      (i)    further rights to make a submission may be available for a further development
             application; and
      (ii)   the likely extent to which those rights may be exercised;
Assessment
A new application for multiple dwellings would require impact assessment and include notification
providing further rights for submissions to be made. The community maintains considerable
interest in ecological values and the potential for development to impact those values. In this
instance the site is situated along an important gateway to Noosa Heads and is likely to attract
community interest. As development would impact on the sites ecological values it is highly likely
that submissions would be received raising valid grounds of objection.
(d)     the views of any concurrence agency for the approval
Assessment
The original application was not required to be referred to any Concurrence agency. The
changes in the planning instruments do not trigger the requirement for Concurrence agency
referral.

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