2020-03-19 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                            19 MARCH 2020


3   FURTHER REPORT - 132006.1395.05 MINOR CHANGE TO DEVELOPMENT PERMIT FOR
    MATERIAL CHANGE OF USE - MULTIPLE DWELLING (10 UNITS) AT 142 NOOSA DRIVE,
    NOOSA HEADS
    Committee Recommendation
    Moved:            Cr Jurisevic
    Seconded:         Cr Glasgow
    That Council note the report by the Coordinator Panning to the General Meeting dated 16
    March 2020 regarding Application No. 132006.1395.05 for a minor change to an existing
    approval for Material Change Of Use – Multiple Dwelling (10 Units) situated at 142 Noosa
    Drive, Noosa Heads and:
    A.   Refuse the change for the following reasons:
         1.     The proposal is contrary to schedule 11, part 2, section 7 of the Planning
                Regulation 2017 as the development is situated in a koala assessable
                development area and does not provide for habitat connectivity or safe koala
                movement.
         2.     The proposal is inconsistent with biodiversity assessment benchmarks (1), (2), (4)
                and (5) of Part E of the State Planning Policy as the development will adversely
                impact upon koala habitat and linkages, with koala populations recognised as
                being matters of both national and state environmental significance.
         3.     The proposal is inconsistent with water quality assessment benchmarks (1) and
                (2) of Part E of the State Planning Policy as the development has not adequately
                demonstrated that water quality objectives will be achieved.
         4.     The proposed development will adversely impact upon the site’s ecological values,
                including koala habitat and linkage for koala movement throughout the site contrary
                to Overall Outcomes 13.7.2a)i, 13.7.2a)iii, 13.7.2a)iv, 13.7.2b), 13.7.2c), 13.7.2d)i,
                13.7.2d)vii, 13.7.2e), 13.7.2g), and Specific Outcomes O1a, O3, O4, O5, O7, O10,
                O11, O16, O17, O18a), O18b), O18e), O18h), O19b), O19c), O19g) and O19i) of
                the Biodiversity Overlay Code.
         5.     The proposed development is inconsistent with the Noosa Heads Locality Code as
                the proposal will adversely impact on the site’s environmental values contrary to
                Overall Outcome 9.7.2a)iv and Specific Outcomes O3 and O20.
         6.     The proposed Bushfire Management Plan proposes vegetation removal and
                management within a part of the site which is zoned Open Space Conservation
                and is intended to be protected and managed to the exclusion of development.
         7.     The proposed development is contrary to Overall Outcome 13.30.2(h) of the
                Natural Hazards Overlay Code as bushfire mitigation measures do not avoid or
                minimise impacts on the natural environment and ecological processes.
         8.     The proposed development is contrary to Overall Outcomes 14.157.2(b) and (d)
                and Specific Outcomes 1, 8 and 10 of the Water Sensitive Design Code as
                modelling for stormwater treatment has not included all relevant run-off areas.
         9.     Insufficient detail has been provided to demonstrate the extent and potential impact
                of the proposed height variation for the dwelling units.
         10.    The proposed development is contrary to the draft Noosa Plan provisions, which
                reinforce the current Noosa Plan’s requirements for an appropriate response to the
                site’s natural hazards and protection of the site’s environmental values including
                vegetation retention.
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                          Carried unanimously.


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