2018-09-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                11 SEPTEMBER 2018


5                        132006.1395.4 PLANNING & ENVIRONMENT COURT APPEAL NO 2995 OF 2018,
                         REFUSAL OF EXTENSION TO RELEVANT PERIOD FOR 10 MULTIPLE DWELLING
                         UNITS AT 142 NOOSA DVE, NOOSA HEADS
DOCUMENT INFORM AT ION




Author                              Manager Development Assessment, Kerri Coyle
                                    Environment and Sustainable Development Department

Index                               ECM/ Application/ 132006.1395.4

Attachments                         Nil


EXECUTIVE SUMMARY
Not Applicable


RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 September 2018 regarding Planning & Environment
Court Appeal No. 2995 of 2018 and agree to defend the appeal.


REPORT
On 19 July 2018, Council at its Ordinary meeting, resolved to refuse to extend the relevant period
of a Development Permit for Multiple Dwellings (10 units) at 142 Noosa Drive, Noosa Heads by a
further 2 years for the following reasons:
1.                       The development is not consistent with the Noosa Plan 2006 as the proposal exceeds the
                         maximum gross floor area permitted for the site and the proposal does not adequately
                         respond to the site’s environmental values.
2.                       Significant time has lapsed since the ecological assessment reports were originally
                         submitted and the information in these reports is now outdated. Updated ecological reports
                         have not been submitted. Review of the original ecological report also finds the report is
                         deficient as it does not satisfactorily address known koala movement through the site.
3.                       Significant time has lapsed since the water quality assessment reports were originally
                         submitted and the proposed stormwater drainage solutions are not compliant with the
                         current Sate Planning Policy for Stormwater.
4.                       Different bushfire hazard mapping to that used for the initial approval applies as the State
                         Planning Provisions came into effect after the original approval and result in a higher
                         hazard rating. The higher hazard rating may require changes to setback/buffer areas and
                         an amended layout. An updated bushfire management plan has not been submitted to
                         enable an assessment of the current bushfire hazard.
5.                       The approval is contrary to the Planning Regulation 2017’s assessment benchmarks for
                         development in koala habitat area as the development has not satisfactorily considered
                         safe koala movement measures and habitat connectivity values.
6.                       The community is unlikely to be aware of the proposal given the significant time that has
                         lapsed and no works have commenced on site.
7.                       If this request was refused and a further development application was lodged it is likely that
                         submissions would be received raising valid grounds of objection to the proposed
                         development’s non-compliance with The Noosa Plan given the site’s significant location
                         and environmental values.

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