2018-01-15 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                           15 JANUARY 2018



6                        PS17/0021 PLANNING & ENVIRONMENT COURT APPEAL NO 4595 OF 2017
                         REFUSAL TO CHANGE ACTION NOTICE FOR SEALING OF SURVEY PLAN (STAGE
                         1) 191 HOLLETT RD, NOOSAVILLE
DOCUMENT INFORM AT ION




Author                           Manager Development Assessment, Kerri Coyle
                                 Environment & Sustainable Development

Index                            ECM/Application /PS17/0021 /Case /4595/2017 JS Hofmann & KM Hofmann

Attachments                      1.   Development Permit to Reconfigure a Lot (36 page attachment provided
                                      separately to this agenda)




EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the General
Committee Meeting dated 15 January 2018 regarding Planning & Environment Court Appeal No.
4595 of 2017 and agree to defend the appeal.


REPORT
A report on an application to extend the relevant period of a Development Permit to Reconfigure
a Lot for 52 rural residential type lots and park at 191 Hollett Road, Noosaville by 2 years to 5
July 2019 was considered at Council’s Ordinary meeting on 20 July 2017 and again at Council’s
Ordinary meeting on 17 August 2017. The first request was made under the Sustainable
Planning Act 2009 and the second under the new Planning Act 2016.

The reports to Council concluded that the development approval which had stemmed from a
rezoning approval given in 1997, was not consistent with the current laws and policies applying to
the development, the community was unlikely to be aware of the proposal, significant time had
lapsed and bushfire and ecological reports were outdated.
Accordingly, the Council resolved to refuse both applications under the respective Acts.
On 29 June 2016 a compliance assessment application was also lodged with Council to seal the
plan of survey for the first stage of the development comprising 9 rural residential lots and a
balance lot. This application to seal the plan of survey was lodged under the Sustainable
Planning Act 2009 (SPA) and so was required to follow the compliance assessment process for
sealing of the survey plan as set out under this Act. Under the compliance assessment process,
the Council must either issue an approval for the plan of survey or an ‘Action Notice’ within 20
business days of the application being properly made.
In this instance, Council officers issued an Action Notice to the applicant as a number of the
development approval conditions had not been complied with and the required works (such as
roadworks) had not commenced or been completed on site. Without the roadworks completed
the proposed lots in which the applicant sought to create titles for through sealing of the plan of
survey had no road access.
An extract from the Action Notice is included below which details the outstanding matters and the
actions required to achieve compliance.


                                                                                             Page 102 of 135