2018-04-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    10 APRIL 2018


The applicant has subsequently appealed the decision seeking that the application be approved
subject to reasonable and relevant conditions.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.


Previous Council Consideration
Ordinary Meeting, 18 January 2018, Item 3, Page 4
That Council note the report by the Development Planner to the General Committee Meeting
dated 15 January 2018 regarding Application RAL17/0501 for a Development Permit for
Reconfiguring a Lot – (1 into 6 residential lots), situated at 2 David Low Way, Castaways Beach
and:
A.   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.
B.   Advise the utility service providers that there is significant vegetation within the road
     reserve adjacent 2 David Low Way, Castaways Beach that requires detailed assessment
     prior to installation of any services to minimise potential impacts on this vegetation.
C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


Finance & Risk
It is premature to advise on the likely prospects for the appeal at this stage. There will be
significant costs in defending the appeal, with experts required in planning, ecology, bushfire and
traffic.




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