2021-05-11 Planning & Environment Committee Meeting Agenda

PLANNING AND ENVIRONMENT COMMITTEE MEETING AGENDA   11 MAY 2021




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PLANNING AND ENVIRONMENT COMMITTEE MEETING AGENDA                                                            11 MAY 2021

                                                                                                         S | McCullough
                                                                                                         =|Robertson

                       3.4    In its decision notice date 18 November 2020, Council gave the following Reasons for Refusal:
                                      ‘Council decided to refuse the application for the following reasons:
                                      L       The proposal is contrary to the Watercourses Works Code as the proposal will
                                              lead to cluttering and adverse amenity impacts on the character and amenity of
                                              the waterway and the structural integrity of the revetment wall.
                                      1       (sic) The proposal would result in adhoc development as the proposal does not
                                              address the developments overall demand for mooring of vessels and will
                                              therefore lead to further applications for additional jetties which has the potential
                                              to clutter the waterway;
                                      2,      The jetty is shared between 2 unit owners in a complex of 20 units and is not
                                             sufficient to moor the historical quantity of vessels in busy times without mooring
                                              the vessels unlawfully directly to the revetment wall;
                                      Z:      The proposal is not well located for other unit owners to share the jetty as the
                                             proposal is located to the most southern portion of the development;
                                     4.       The jetty is not accessible to other unit owners not subject to this application
                                              because it is only accessible from the exclusive use area for units 1 and 2 with
                                              the exclusive use areas generally blocked by landscaping.
                                     5.       The proposal does not meaningfully address the historical demand of mooring of
                                              vessels along the frontage of the canal and therefore has the potential to lead to
                                              adverse impacts on the structural integrity of the revetment wall.
                                     6.       The proposed jetty would require a further development application for Material
                                              Change of Use for a landing under the Noosa Plan 2020 and therefore the
                                              application is piecemeal.’
                       3.5    The Appellant filed a Notice of Appeal against Council's decision on 15 December 2020.
                       3.6    The relief sought can be segregated into two components:
                              (a)     declaratory relief; and
                              (b)     merits grounds.

                       Instructions

                       4      Advice on prospects
                       4.1    The purpose of this legal opinion is to provide initial strategic advice to Council about its
                              prospects of success in the Appeal. That is, the likelihood of the Appeal being dismissed by the
                              Court at hearing.
                       4.2    The advice will be provided in four parts:
                              (a)     Whether the consent of the body corporate was required for the original application;
                              (b)     prospects of the declaratory relief sought by the Appellant;

                       60909286v2   |   Legal opinion — Australian Sunrise Citrus & Ors v Noosa Council - Appeal D209 of 2020 4

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