2018-04-16 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                     16 APRIL 2018



9     PLANNING & ENVIRONMENT COURT APPEAL 4066 OF 2017 - PROPOSED
      EMERGENCY ACCESS TO RUFOUS STREET, PEREGIAN BEACH
Author            Manager Development Assessment, Kerri Coyle
                  Environment & Sustainable Development Department

Index             ECM/ Application /MCU16/0153 /Case /Thomco 287 Pty Ltd

Attachments       Nil



EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the General Committee
Meeting dated 16 April 2018 regarding the proposed emergency access to Rufous Street through
Crown Reserve Lot 75 MCH 839108 and:
A.    Resolve that it regards any proposed emergency access through Lot 75 MCH 839108 to
      Rufous Street as undesirable and that in the event the development was approved by the
      court, it would not accept such works on lot 75;
B.    Resolve as Trustee of Lot 75 MCH 839108, that it regards any proposed emergency access
      through the reserve to Rufous Street as contrary to the Master Plan for Rufous Street,
      contrary to the reserve’s purpose for Recreation, and contrary to the public interest as it
      would both diminish the community purpose for which it was designated and limit future plans
      for the reserve;
C.    Resolve as Trustee of Lot 75 MCH 839108, it will not accept access to and from the proposed
      development through the Crown Reserve;
D.    Instruct Council’s Solicitor for Planning & Environment Court Appeal 4066 of 2017 to advise
      the appellant of Council’s resolution.



REPORT
As reported to Council’s Planning & Environment Committee Meeting of 12 December 2017 an
appeal was lodged against Council’s decision to refuse an application to develop 215 David Low
Way, Peregian Beach for a mixed use residential development.
In accordance with the directions of the court, joint expert reports are currently being prepared
ready for a hearing in May 2018, though the actual date for the hearing has not been set down and
is dependent on the completion of the joint expert reports. To date the following joint expert reports
have been completed:
    Water Quality and Ecology Experts which called for a new Stormwater Management Plan
    Traffic Report
    Bushfire Report
    Economic Need Report

The Joint expert report for Bushfire has raised an issue that requires consideration by Council as
it involves land for which Council is trustee to enable emergency vehicle access to Rufous Street
through Crown Reserve Lot 75 MCH 839108.

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