2018-09-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 11 SEPTEMBER 2018


6                        COM18/0263 PLANNING & ENVIRONMENT COURT APPEAL NO 2881 OF 2018,
                         ENFORCEMENT NOTICE ISSUED TO NOOSA AIRFIELD, LAKE WEYBA DVE & EENIE
                         CREEK RD, NOOSAVILLE
DOCUMENT INFORM AT ION




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

Index                            ECM/COM18/0263

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. 2881 of 2018 and agree to continue enforcement against Noosa Airfield to
address the current breaches of The Noosa Plan.




REPORT
In November 2017, Council received complaints about numerous trucks carrying fill material
travelling to Noosa Airfield.
The complaint was subsequently investigated by officers with a joint inspection of the site carried
out with State Government officers from the Department of Environment and Science. This
inspection confirmed that significant uncontrolled fill material (concrete and earth) as well as
builder’s demolition materials had been placed into the manmade waterway at a number of
locations. Vegetation had also been removed from Lot 2 RP160983 (the lot adjacent the airfield)
on the south-eastern side of the access driveway.
In response, Council officers issued formal notices to Noosa Airfield and its directors requiring
them to cease further filling and clearing vegetation, remove all unauthorised fill and other
materials and ecologically rehabilitate the riparian buffer area cleared of vegetation. Noosa
Airfield failed to provide satisfactory responses to these notices and accordingly officers issued
an Enforcement Notice in July 2018 after review by Council’s planning solicitor.
Noosa Airfield have now lodged an appeal against the Enforcement Notice on technical grounds
submitting that the notice is deficient, unlawful and invalid.




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