2019-03-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    12 MARCH 2019


At the time, the following grounds for approval were given despite the conflict with the scheme:
1.     The development layout accords with the site’s zonings following amendments to The
       Noosa Plan dated 11 May 2011 and master planning previously undertaken for the site,
       which include significant dedication of land for environmental conservation.
2.     The proposed medical use is ancillary and complementary to the development’s aged care
       and residential uses.
3.     The development addresses an identified need for aged care and retirement residential in
       the area and is supported by adopted Council strategies for housing and the elderly.
4.     The site is well located to provide future residents with access to local services and
       transport.
A number of conditions were imposed on the approval to address the habitat loss including that:
     Identification of all active Glossy black cockatoo food trees within the development footprint
       or areas likely to be impacted;
     A vegetation clearing offset program with a 5 year required maintenance period;
     Re-location of rare and threatened plant species;
     The offset program is required to include topsoil and mulched vegetation from the site to be
       translocated to a degraded receiving site within the Girraween estate for rehabilitation
       purposes and transfer of rare and threatened plant species;
     Identified Glossy Black Food trees are to be propagated at a ratio of 8:1 from the parent
       tree and replanted.
Blue Care enacted the subdivision component of the development approval and created the two
new lots from Grasstree Court, with the balance of the land dedicated as a nature refuge for
conservation purposes.
On 8 December 2017, Council by delegation agreed to an amended approval in response to an
application to extend the relevant period by 4 years. The amended approval included minor
changes to the master plan as a result of new bushfire requirements with the changes primarily
including increased setbacks to the southern and western boundaries. The amended plans also
resulted in consequential changes to a number of conditions and the inclusion of a new condition
requiring amended plans in accordance with the new Masterplan.
ASSESSMENT
2.1. Instruments for Statutory Assessment
The following codes from the Noosa Plan are applicable to this development:
 Eastern Beaches Locality Code
   Biodiversity Overlay Code – Environmental Protection Area
   Natural Hazard Overlay Code - Bushfire and Acid Sulfate Soils
   Residential Uses Code
   Business Uses Code
   Driveways and Car Parking Code
   Landscaping Code
   Engineering Works Code
2.2. Statutory Process
The applicant has requested to make a minor change to the development approval under s78 of
the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.

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