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

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                  25 MARCH 2014


Assessment – Disagree

None of the points listed are considered sufficient to support the development. Notably
reticulated sewerage connection to adjacent properties, including to Weyba Downs, does not
form part of the proposal and has not been assessed. The development’s impact on Walter Hay
Drive is considered a ground for refusal.

Summary of Assessment of Applicant’s Grounds for Approval
The primary benefit posed by the development is considered to be the dedication of the send site
into public tenure as national park. There is no doubt that public tenure of the send site land is a
desirable outcome. It would provide greater surety to the environmental protection of the land
and its ongoing conservation in perpetuity. Public tenure may also be of benefit by allowing
public access to the land for recreation, education and tourism purposes.

It must be recognised, however, that the send site land is protected by significant existing land
use and environmental constraints and is not considered at risk of development or other causes
of vegetation loss or fragmentation. Generally speaking, the public dedication of the send site
land can be considered a “human construct”, rather than one which significantly benefits flora
and fauna in this case. Linked as the BDOA agreement is to intensive urban development on
adjacent land, the net impacts of the proposal are considered to significantly outweigh the
potential benefits.

None of the applicant’s further grounds are considered sufficient to overcome the proposal’s
substantial planning scheme and other relevant instrument conflicts identified in this report. The
applicant has failed to discharge its onus to demonstrate grounds exist to approve the
application.


7     CONSULTATION
7.1   Sunshine Coast Council
In accordance with section 952 of the Local Government and Other Legislation Amendment Bill
2013 Part 5 Amendment of Sustainable Planning Act 2009, Sunshine Coast Council decided on
2 January 2014 that Noosa Council would become the Assessment Manager for the application.
Consequently, under Section 952 (10), Sunshine Coast Council became a concurrence agency
for the application in relation to the part of the development within its local government area.

The Sunshine Coast Council advised by letter dated 5 February 2014 that it did not support the
portion of the development within its local government area and directed Noosa Council to refuse
that part of the development. Sunshine Coast Council gave the following reasons for its decision:

1.    The development proposed has not demonstrated sufficient grounds in the public interest
      to justify or override the identified conflicts with the planning scheme.

2.    The development proposed is not located in an area planned to benefit from all relevant
      urban infrastructure and current planning assumptions. The proposal requires out of
      sequence infrastructure upgrades, which have not been considered for funding trunk
      infrastructure. Consequently, the proposal conflicts with the provisions of Maroochy Plan
      2000.




                                                                                  Page 144 of 231