2018-09-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                             11 SEPTEMBER 2018


As a result of Council’s decision to refuse to extend the relevant period, the applicant has now
lodged an appeal to the Planning & Environment Court. The applicant seeks that the Court
extend the relevant period.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting, 19 July 2018, Item 2, Page 5
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 July 2018 and refuse Application No. 132006.1395.04 for an
Extension to the Relevant Period for Development Permit for Material Change of Use - Multiple
Dwellings (10 units), situated at 142 Noosa Drive, Noosa Heads 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      submitted and the information in these reports is now outdated.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.


Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal.


Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes - Solicitor
Internal Consultation
Nil



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