2020-03-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                10 MARCH 2020


RECOMMENDATION
That Council note the report by the Coordinator Panning to the Planning & Environment
Committee Meeting dated 10 March 2020 regarding Application No. 132006.1395.05 for a minor
change to an existing approval for Material Change Of Use – Multiple Dwelling (10 Units) situated
at 142 Noosa Drive, Noosa Heads and:
A.   Refuse the change for the following reasons:
     1.    The proposal does not constitute a minor change as it would result in a substantially
           different development due to the application applying to a new parcel of land.
     2.    The proposal is contrary to 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 provide for habitat connectivity or safe koala movement.
     3.    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 and linkages, with koala populations recognised as being
           matters of both national and state environmental significance.
     4.    The proposal is inconsistent with water quality assessment benchmarks (1) and (2) of
           Part E of the State Planning Policy as the development has not adequately
           demonstrated that water quality objectives will be achieved.
     5.    The proposed development will adversely impact upon the site’s ecological values,
           including koala habitat and linkage for koala movement throughout the site 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, 13.7.2e), 13.7.2g), and Specific Outcomes O1a, O3, O4, O5, O7, O10,
           O11, O16, O17, O18a), O18b), O18e), O18h), O19b), O19c), O19g) and O19i) of the
           Biodiversity Overlay Code.
     6.    The proposed development is inconsistent with the Noosa Heads Locality Code as
           the proposal will adversely impact on the site’s environmental values contrary to
           Overall Outcome 9.7.2a)iv and Specific Outcomes O3 and O20.
     7.    The proposed Bushfire Management Plan proposes vegetation removal and
           management within a part of the site which is zoned Open Space Conservation and
           is intended to be protected and managed to the exclusion of development.
     8.    The proposed development is contrary to the Natural Hazards Overlay Code as
           bushfire mitigation measures do not avoid or minimise impacts on the natural
           environment and ecological processes.
     9.    The proposed development is contrary to the Water Sensitive Design Code as
           modelling for stormwater treatment has not included all relevant run-off areas.
     10.   Insufficient detail has been provided to demonstrate the extent and potential impact
           of the proposed height variation for the dwelling units.
     11.   The proposed development is contrary to the draft Noosa Plan provisions, which
           reinforce the current Noosa Plan’s requirements for an appropriate response to the
           site’s natural hazards and protection of the site’s environmental values including
           vegetation retention.
B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
1.   PROPOSAL
The applicant seeks approval to change the existing development approval for a multiple dwelling
of 10 units to address the issues raised by Council’s decision to refuse to extend the currency
period of the approval.
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