Planning Report - Extension to Council · 132008.176

 Page 2                                                                               January 5, 2017


Statutory Requirements

In accordance with Section 388 of the Sustainable Planning Act 2009, in deciding a request to extend
the relevant period, the assessment manager must only have regard to:

     a) the consistency of the approval, including its conditions, with the current laws and policies
           applying to the development, including, for example, the amount and type of infrastructure
           contributions, or charges payable under chapter 8, parts 2 and 3; and
     (b) the community’s current awareness of the development approval; and
     (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; and
     (d) the views of any concurrence agency for the approval given under section 385.

Assessment

State Policies
The site is mapped within a Koala Assessable Development Area and the SEQ Koala Conservation
State Regulatory Provisions are applicable. Council has previously allowed a monetary offset for the
removal of the koala food trees from the site which will be used in the nearby Girraween Reserve
consistent with the applicable assessment criteria. The application is consistent with all other State
Regulatory Provisions and the State Planning Policy.

The Noosa Plan Requirements
The current development approval was assessed and granted under the superseded planning
scheme. The proposal was reviewed against The Noosa Plan provisions as part of the 2013
application for extension of the relevant period, and it was determined the development form is
generally consistent with the current requirements of The Noosa Plan and the areas of non-
compliance were minor.

With regard to infrastructure charges it is noted that as part of previous changes to the approvals and
extensions, infrastructure charges for missing networks have been charged.

The current approval is therefore consistent with the current laws and policies.

Community Awareness
The Sustainable Planning Act details that the community’s awareness of the proposal shall be
considered in determining a request to extend the relevant period. The original application was
publicly notified in 2009 and 21 properly made submissions were received. The site is zoned Attached
Housing and the community is well aware that the site will be developed for units as part of the
Settlers Cove project. Advertising signs and construction works have been consistently displayed on
the site as part of sales campaigns that ensure the community is aware of the residential intent for the
area.

Concurrence Agency Response
As part of the original application, the State provided concurrence referral agency conditions, including the
Department of Environment and Resource Management for vegetation matters and the Department of
Environment and Heritage Protection for koalas matters. The currently proposed extension was referred to
State Assessment and Referral Agency on the 5 January 2017 for comment.