2014-03-25 Planning & Organisation Committee Agenda Pages 81-167

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                  25 MARCH 2014


5.4   Validity of Biodiversity Offset Declaration
The validity of the BDOA declaration has been questioned by the Friends of Lake Weyba, a
community group opposed to the development. The group’s solicitor wrote to the Minister for
State Development, Infrastructure and Planning seeking clarification as to how the BDOA could
have been lawfully made. The group’s main point of contention is that State Planning Policy
2/10: Koala Conservation in South East Queensland, Section 2.6 states that the policy applies to
making or amending a local planning instrument or structure plan or designating land for
community infrastructure and should not apply to a development application. The group received
responses from the Minister advising that the declaration was appropriately made under Section
5 of the SPP, which states:

The planning Minister, may by gazette notice, declare an area to be a biodiversity development
offset area (BDOA) for the purposes of the South East Queensland Regional Plan 2009-2013
Regulatory Provisions. (sic)

Council obtained its own legal advice that indicates:

     The BDOA declaration is valid and would likely withstand judicial scrutiny as the Minister
      acted within his powers.
     While there may be doubts about the merits of the declaration, they would not provide a
      basis for a legal challenge.
     Even if it the declaration were found to be invalid, there are strong factors acting against a
      court exercising its discretionary power to enforce the finding because it would be contrary
      to the applicant’s interests. Notably, the time elapsed since the declaration has seen the
      applicant expend significant resources on making the development application.

The advice, therefore, is strongly against a challenge to the BDOA declaration.

6     ASSESSMENT
6.1   Specialists
The application was forwarded to Unitywater and the following Sunshine Coast Council and
Noosa Council specialists:
    Development Engineer
    Hydraulics and Water Quality Specialist
    Landscape Officer
    Environment Officer
    Ecology Specialist
    Urban Designer
    Traffic Engineer
    Transport Networks & Innovation Officer
    Social Policy Officer
    Strategic Land Use Planning Officer
    Economic Development Officer
    Infrastructure Planning Officer




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