2021-03-09 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    9 MARCH 2021


4    COM20/0139 - PLANNING & ENVIRONMENT COURT APPEAL NO D199 OF 2020 -
     ENFORCEMENT NOTICE ISSUED TO THE PROPERTY OWNER OF 347 EASTERN
     BRANCH RD, KIN KIN

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

Index            ECM/COM20/0139/Case/ Harrington Retirement 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 9 March 2021 and seek to resolve Planning & Environment
Court Appeal No. D199 of 2020 with the owner, where agreement can be reached on satisfactory
sediment and erosion controls for the earthworks undertaken.

REPORT
On 17 February 2020, Council received a complaint concerning vegetation removal at 347 Eastern
Branch Road, Kin Kin.
The complaint was subsequently investigated by officers and the inspection confirmed that
vegetation had been cleared but also significant earthworks undertaken. The vegetation cleared
was primarily weeds and their removal did not directly offend the planning scheme. The owner was
contacted and advised that should further earthworks be undertaken on the site a development
approval would be required under the Noosa Plan 2006.
On 4 March 2020 a further complaint was lodged with Council advising that the clearing of
vegetation had continued and further earthworks had been undertaken on site. Council officers
investigated the site again and noted that significant earthworks had been undertaken to construct
additional internal additional tracks. Inspection also showed that sediment from the site had
subsequently washed down the hill into the nearby watercourse polluting the waterway.
In response, Council officers issued formal notices to the owner requiring the owner to immediately
stabilise the site, cease any further earthworks and clearing of vegetation and lodge a development
application for the earthworks.
The owners subsequently installed some hydro-mulch on site but due to the site’s significant slope
these works did not satisfactorily address the sediment and erosion issues caused by the
earthworks and no commitment was made by the owner to undertaking any further works on site.
Officers at this time sought further meetings with the owner to discuss the matter but these were
declined and the owner ceased to communicate with officers suggesting that the works were
exempt from the planning scheme as the works formed part of the site’s farming practices.
Accordingly, with all avenues exhausted, officers issued an Enforcement Notice in November 2020.
The owner has now lodged an appeal against the Enforcement Notice on technical grounds
submitting that the notice is vague and uncertain and the owner does not understand what is
required to comply with the Enforcement Notice.




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