2020-02-17 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                            17 FEBRUARY 2020


     5.    The proposed development is contrary to the Biodiversity Overlay Code as the
           proposal will adversely impact on koala habitat, does not maximise the retention of
           existing vegetation, and proposes to prematurely clear significant vegetation
           inconsistent with the needs of the community.
     6.    The proposed subdivision is contrary to the Reconfiguring a Lot Code as:
           i.    Insufficient provision has been made for walking and cycling linkages with the
                 existing development in the Shire Business Centre as the proposed network
                 and linkages are unable to be implemented.
           ii.   The proposed lot will have a significant adverse impact on the natural
                 environment and will not retain the sites natural environmental values.
     7.    The proposed development is contrary to the Natural Hazards Overlay Code as
           bushfire mitigation measures do not satisfactorily address the risk of bushfire as they
           are not envisaged by the Shire Business Centre Map and are unable to be
           implemented.
     8.    The proposed development is contrary to the draft Noosa Plan provisions, which
           reinforce the current Noosa Plan’s requirements for pedestrian/cycle links, 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.



REPORT
1.   BACKGROUND
A report on this application was prepared for the Special Meeting on 28 October 2019
recommending that the application be refused. At the meeting a deferral motion was considered
by Council and it was agreed that a decision on the application would be deferred until 22
November 2019 to provide the applicant with the opportunity to amend the proposal to address
the grounds of refusal raised in the Special Meeting report. The grounds of refusal within the
Special Meeting report generally relate to the application’s non-compliance with the following:
   Planning Regulation 2017; (Koala Habitat)
   State Planning Policy (koala habitat and disaster management);
   Overall and Specific Outcomes of the Noosaville Locality Code;
   Biodiversity Overlay Code;
   Reconfiguring a Lot Code;
   Natural Hazards Overlay Code (bushfire);
   Traffic Management;
   Stormwater Management; and the
   Draft Noosa Plan
An on-site meeting was held with the applicant on 30 October 2019 and on 1 November 2019 the
applicant provided amended documentation to address the issues raised in the report. The
documentation included an amended plan of survey which resulted in the net loss of 1 lot. On 8
November 2019 the applicant submitted an amended version of the Bushfire Management Plan
(BMP) which was based on a further amended subdivision plan. On 11 November the applicant
submitted an amended subdivision plan to match the plan included in the Bushfire Management
Plan.




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