2018-09-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                             11 SEPTEMBER 2018


Under the Noosa Plan filling where involving more than 100m3 or more of material requires a
Development Permit for Operational Works. Filling where involving less than 100m 3 of material
also requires a Development Permit for Operational Works where the filling does not meet
Column 2 of Table 14-52 of the Earthworks Code which includes the following requirement:
S6.1   The fill material is solid clean earth, free of putrescibles or refuse material, vegetation,
       acid sulphate soils, building or construction material or other material or contaminants.
The fill is estimated to exceed 100m3 and is not solid clean earth. Council records indicate that
no Development Permit for Operational Works has been obtained for the filling.
Under the Noosa Plan, the area on Lot 2 RP160983 on the south eastern side of the access
driveway, which has been cleared of vegetation, is identified by the Noosa Plan’s Biodiversity
Overlay as being a Riparian Buffer and Environmental Enhancement area. Clearing vegetation
within the Riparian Buffer and/or the Environmental Enhancement area requires a Development
Permit for Operational Works.
Council records indicate that no Development Permit for Operational Works has been obtained to
clear vegetation.
Therefore, the filling and vegetation clearing was undertaken in breach of the Noosa Plan and
contrary to the Planning Act 2016.
During Council officers’ investigations of this matter, a review was also undertaken of the
development approval for the Noosa Airfield. This review showed that the original town planning
consent for the use expired many years ago and that a subsequent rezoning approval in 1994 to
Special Facilities was never completed despite correspondence by Council at the time noting the
Council’s concerns in this regard.
The present use of the land for airfield purposes involving the landing and take-off of aircraft and
associated facilities being housing, servicing, maintenance and repair of aircraft is therefore
unlawful.
This has also been brought to the attention of Noosa Airfield and accordingly the Noosa Airfield
were advised that under The Noosa Plan the use requires a development approval for a material
change of use in the Community Services Zone which is the current zoning the land. The Noosa
Airfield was also advised that if they intend to continue with the use of the airfield it will be
necessary to make a development application to Council.
Noosa Airfield have not provided any response to this land use issue and given the lodgement of
this appeal it is appropriate that this non-compliance be considered further and addressed. This
will be further discussed with Council’s solicitor for planning matters on how best to proceed.
Previous Council Consideration
Nil
Finance & Risks
It is premature at this stage to provide advice on the likely prospects or costs of prosecuting the
matter and/or proceeding to the Planning & Environment Court. This will require further
discussion with Council’s solicitor for the matter.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes – Solicitor
Department of Environment & Science
Internal Consultation
The site inspection was undertaken jointly with Council’s Environmental Health Coordinator &
Waste Coordinator.


                                                                                     Page 55 of 95