2020-03-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    10 MARCH 2020


3.1. Surrounding Land Uses
North: RACV Resort which is accessed via an easement through the subject site and Weyba
Creek Bushland Reserve.
South: Road reserve and Noosa Drive
East: Road reserve and Noosa Drive with developed Detached Housing Zone land beyond.
West: Weyba Creek Bushland Reserve

4.    ASSESSMENT
4.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
   State Planning Policy;
   South East Queensland Regional Plan;
   Planning Regulation 2017;
   The Noosa Plan.
4.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of
the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’ as defined by the
Planning Act 2016.
The proposed plans include 3 visitor car parking spaces which are provided on the adjoining
land. The original application form (2006) noted that the application was over Lot 3 on SP126203
(subject site) and Easement B on SP126206 on the adjoining land for access purposes. The
current plans do not clearly demonstrate that the car parking is included within the Easement. It
appears that the car parking is partly outside of the easement and therefore the application
should also be made over Lot 203 SP267424.
A change application which applies to a new parcel of land does not constitute a minor change
and a new application would be required.
Land dedication
The existing approval recognises the environmental qualities of the land in the north-eastern
corner of the site and requires the area to be dedicated to the Crown (with Council as Trustee)
for environmental protection purposes. The current application proposes that an environmental
covenant be applied to this area as opposed to the land being dedicated. Adjoining land to the
north of this area was previously dedicated to the Crown as part of the development of the RACV
resort. Dedication of the land to the Crown is the preferred outcome as it will result in a
contiguous and consistent Crown land tenure arrangement and provide for the long term
protection of koala habitat and maintain a known koala linkage.
The following image details the area of land currently required to be dedicated:




                                                                                     Page 31 of 53