2020-03-16 GC Agenda - Item 4 - Attachment 1 - MCU18 0015 Officers Report and attachments from 2019-06-11 P&E Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    11 JUNE 2019


   On 21 April 2009, Council issued a conditional Preliminary Approval for Operational Works
     – Drainage, Stormwater, Vegetation Clearing, Water & Sewerage, Earthworks and Access
     and Parking. A conditional Preliminary Approval was issued on the basis that payment of
     contributions and bonds was outstanding.
   On 13 July 2009, Council extended the relevant period of the Ministerial approval and the
     associated Operational Works preliminary approval until the 15 October 2013.
   On 11 October 2013, a request to extend the relevant period of both the Ministerial
     Approval and associated Operational Works preliminary approval was lodged with Council.
     This request was refused by Council on 1 May 2014 for the following reasons:
     1.    The development is contrary to The Noosa Plan’s Overall and Specific Outcomes for
           the Noosa Heads Locality;
     2.    The application was publicly notified in 2004 and given the time lapsed, the
           community is unlikely to be aware of the development approval; and
     3.    The proposed development were it to be publicly notified today, is likely to receive
           submissions objecting to the development, given the significant non-compliance with
           The Noosa Plan.
           An appeal was subsequently lodged in the Planning and Environment Court by the
           applicant. The appeal was subsequently withdrawn with the appellant agreeing to
           pay some of Council’s preliminary appeal costs. On this basis this development
           approval has now lapsed.
   On 31 October 2013, the Department of State Development, Infrastructure and Planning
     extended the relevant period of the State Permit for clearing of vegetation for two (2) years.
     This approval has now lapsed.
Several pre-lodgement meetings were held with the applicant to discuss potential development
outcomes on the site. At the meeting it was discussed that the existing Detached and Attached
Housing zones may not represent the most developable area for the site on the basis they are
steep, likely require access across the creek and removal of some of the better quality vegetation
on the site.
It was considered that the site’s south west corner may provide a better development outcome
based on more moderated slopes and environmental values. However, any development in this
area should be of a scale and density consistent with existing and permitted development in the
street, which are predominantly duplexes.
Further any proposed development should be setback at least 10m from the creeks top of bank,
a wildlife corridor of at least 50m should be retained through the site and the development
sensitively designed to respect the vegetated public walkway.




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