2018-04-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                       10 APRIL 2018



REPORTS FOR CONSIDERATION OF THE COMMITTEE
1                        PLANNING & ENVIRONMENT COURT APPEAL NO. 456/2018 - REFUSAL OF
                         DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT AT 2 DAVID LOW WAY,
                         CASTAWAYS BEACH
DOCUMENT INFORM AT ION




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

Index                               ECM/ Application / RAL17/0501 / Case/ Kenlynn Pty Ltd

Attachments                         Nil



EXECUTIVE SUMMARY
Not applicable.


RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 10 April 2018 regarding Planning & Environment Court
Appeal No. 456/2018 and agree to defend the appeal.


REPORT
A report on this application to subdivide 1 lot into 6 residential lots and create an access
easement at 2 David Low Way, Castaways Beach was considered by Council at its Ordinary
Meeting on 18 January 2018.
Council at its Ordinary Meeting on 18 January 2018 resolved to refuse the application for the
following reasons:
1.                       The proposed development is contrary to the Overall and Specific Outcomes of the Eastern
                         Beaches Locality Code of the Noosa Plan. The development proposes significant clearing
                         that is contrary to the Locality Code which requires protection of the vegetated character
                         and views from the David Low Way and protection of native vegetation.
2.                       The proposed development is contrary to the Biodiversity code as it involves clearing of
                         vegetation that is mapped as Environmental Protection and Riparian vegetation under the
                         Noosa Plan.
3.                       The proposed development will result in unacceptable impacts on the visual amenity and
                         character of the area.
4.                       The applicant has not demonstrated that a compliant, safe access is able to be provided to
                         the site in accordance with required standards. To achieve a safe access significant
                         clearing of vegetation and earthworks in the road reserve is also likely to be required.
5.                       The proposal is an overdevelopment of the site with the resultant development form
                         detrimentally affecting the environmental and amenity values of the site.
6.                       The proposed development represents a poor planning outcome for the site, with the
                         subdivision layout failing to provide street frontage for the lots and an excessive number of
                         lots with access via an easement. The proposed access arrangements are likely to result
                         in ongoing management and maintenance issues for future residents of these lots.

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