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

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                25 MARCH 2014


The development is to be known as Noosa on Weyba and comprises a mix of residential,
community, commercial and open space uses for up to 1,008 dwellings to be established under a
multi-level community title structure. The development is outside the urban footprint areas of the
South East Queensland Regional Plan and would normally be prohibited but is preceded by a
State Biodiversity Development Offset Area (BDOA) gazettal that allows the application to be
made. If the application is approved the BDOA agreement requires the transfer of three of the
site’s component allotments totaling 139.5ha be transferred to public ownership as national park.
This land dedication is considered to pose the development’s primary community benefit.

The site is ecologically constrained and drains into the highly sensitive receiving wetlands and
waterways of the Lake Weyba and Noosa River systems. The applicant submits it has taken an
integrated design approach to achieve triple bottom line sustainability outcomes and protect and
enhance the site’s environmental values. A number of desirable sustainability measures are
posed but, overall, the assessment finds significant environmental and social risks are also
posed. The proposal seeks to modify the landform through major earthworks and clear all
vegetation within urban precincts to provide for intensive residential development. This approach
is not considered to appropriately respond to the site’s environmental, natural resource, open
space and Aboriginal cultural heritage values and constraints.

The development raises numerous planning conflicts and concerns relating to: the SEQ Regional
plan; Aboriginal cultural heritage; koala conservation; water quality; environmental corridors;
scenic and residential amenity; open space and conservation values; infrastructure capacity and
provision; bushfire; traffic and transport; and urban design outcomes.

Concurrence agency conditions directed to be applied by the Department of Transport and Main
Roads and Department of Environment and Heritage adversely impact on the development and
are considered fatal to the application. The Sunshine Coast Council has also directed Noosa
Council to refuse that part of the development that falls within its local government area.

Critically, the assessment finds the applicant has not demonstrated sufficient grounds exist to
overcome the development’s planning conflicts. The community benefits posed are considered
to be either minor or significantly outweighed by the development’s impacts.

It is recommended the application be refused.

RECOMMENDATION

That Council:
A.   REFUSE Application No. MCU12/0208 for a Preliminary Approval for Material Change of
     Use under Section 242 of the Sustainable Planning Scheme 2009 to vary the effect of The
     Noosa Plan and Maroochy Plan 2000 Planning Schemes for a mixed use community title
     development situated at Eenie Creek Rd, 99 & 191 Hollett Rd, Noosaville and 106 & 108-
     142 Tidswell Rd Weyba Downs for the following reasons:
     1.   The development conflicts with the Desired Regional Outcomes of the South East
          Queensland Regional Plan as it does not represent sustainable expansion of the
          region’s urban footprint.
     2.    The development is inconsistent with the South East Queensland Koala Conservation
           State Planning Regulatory Provisions as it results in clearing of koala habitat.
     3.    The development raises substantial conflicts with The Noosa Plan and Maroochy
           Plan 2000 and fundamentally offends their land use intents.
     4.    The development will have a net adverse impact on koala conservation values.



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