2020-08-31 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                           31 AUGUST 2020


C.   Note that Lot 24 has been valued by Savills Valuations Pty Ltd for Council as $1,475,000
     exclusive of GST, with the appellant’s valuation being between $2.9 - $3.2 million dollars.
D.   Commence a planning scheme amendment process in accordance with the Minister’s
     Guidelines and Rules to show the provision for a transit facility designated only in a location
     consistent with lot 24 on the Approved Plan.
E.   Enter into a deed of Agreed Delivery Arrangement to provide a mechanism for the proposed
     offset arrangements for clearing of koala habitat pursuant to the Environmental Offsets Act
     2014.
F.   Transfer the Financial Settlement Offset Amount to the Council’s offset account to be held in
     trust in accordance with the requirements of the Environment Offset Act 2014 and the deed
     of Agreed Delivery Arrangement.



REPORT
On 20 February 2020, Council, at its Ordinary meeting resolved to refuse an application to
reconfigure 1 lot into 23 lots at 28 Eenie Creek Road, Noosaville for the following reasons:
1.   The proposal is inconsistent with schedule 11, part 2, section 7 of the Planning Regulation
     2017 as the development is situated in a koala assessable development area and does not
     avoid clearing non-juvenile koala habitat trees in circumstances in which any significant
     residual impact of the clearing is unable to be offset.
2.   The proposal is inconsistent with biodiversity assessment benchmarks (1), (2), (4) and (5) of
     Part E of the State Planning Policy as the development will adversely impact upon koala
     habitat, with koala populations recognised as being matters of both national and state
     environmental significance.
3.   The proposal is inconsistent with assessment benchmarks (3) and (4) natural hazards, risk
     and resilience of Part E of the State Planning Policy as the development does not facilitate
     an appropriate disaster management response and recovery capacity and capabilities as the
     emergency access points are unable to be implemented.
4.   The proposed development will adversely impact upon koala habitat, does not maximise the
     retention of existing vegetation, and proposes to prematurely clear significant vegetation
     inconsistent with the needs of the community contrary to Overall Outcomes 13.7.2a)i,
     13.7.2a)iii, 13.7.2a)iv, 13.7.2b), 13.7.2c), 13.7.2d) i, 13.7.2d)vii, 13.7.2g), and Specific
     Outcomes O1b, O2, O3, O7, O8b), O11, O16, O18a), O18b), O18f), O18h), O19b), O19c),
     O19d), O19g) and O19i) of the Biodiversity Overlay Code.
5.   The proposed development is inconsistent with the Overall and Specific Outcomes of the
     Noosaville Locality Code in the following respects:
     i.     The proposal does not provide a satisfactory pedestrian and cycle network for the
            future development of the area and fails to provide satisfactory linkages with the
            existing development in the Shire Business Centre contrary to Overall Outcomes
            11.7.2j) and tt)viii), Specific Outcomes O25, O100, O101, O127, O138 and O156.
     ii.    The proposal fails to ensure a high level of residential amenity as it does not provide
            for acoustic fencing to lots 17, 18 and 19 or provide any noise mitigation measures to
            existing plant equipment and loading dock areas and fails to address the future amenity
            of Lot 21, contrary to Specific Outcome O1.
     iii.   The proposal does not retain suitable existing vegetation to ensure future development
            will be within a park like setting contrary to Specific Outcome O3, O22 and O125.
     iv.    The proposal will adversely impact on the site’s environmental values contrary to
            Overall Outcomes 11.7.2a)iv and 13.7.2a)ii, Specific Outcomes O3, O22 and O125.


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