2018-04-16 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                  16 APRIL 2018


Easement Policy
An access easement over Trust Land would also not be supported by Council or the State. The
State’s policy is very clear on what easements can be granted over state land.
An easement may be granted only for a recognised easement purpose, e.g. right of way (access)*,
services, or for purposes associated with a public utility service such as public thoroughfare,
drainage, sewerage, the supply of electricity, gas, water, etc. The person who requires the
easement would need to demonstrate (and the department determine) that the State land is the
most appropriate location for the required easement.
* An easement for access may not provide access to the public, unless the easement is a
public thoroughfare easement – a public thoroughfare easement may provide access to the
public but only for pedestrians and bicycles, and vehicles reasonably necessary for the building
and maintenance of the easement. The grantee of a public thoroughfare easement may only be a
local government or the State represented by the Department administering the Transport
Infrastructure Act 1994.)
Notably, Council’s property team have contacted the Senior Lands Officer for Department of
Natural Resources, Mines & Energy who have advised the State support Council officer’s position
on this matter as it aligns with the relevant state legislation and policies.
Previous Council Consideration
Ordinary Meeting, 19 October 2017, Item 2, Page 11
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 October 2017 and refuse Applications MCU16/0153 for a
Development Permit for Development Permit for Material Change of Use of Premises - Multiple
Housing Type 4 Conventional (26 units) Visitor Accommodation Type 4 Conventional (20 units)
shared Multiple Housing Type 4 Conventional and Visitor Accommodation Type 4 Conventional
(12 units) (Total 58 units) and REC16/0041 for the Reconfiguration of a Lot (1 Lot into 29 Lots),
situated at 215 David Low Way Peregian Beach for the following reasons:
1.   The proposal development is in conflict with the tourism objectives of the planning scheme
     as set out in the:
     a.     Desired Environmental Outcomes; and
     b.    Overall Outcomes for the Eastern Beaches Locality Code,
           of the Noosa Plan.
2.   The proposed development is an inconsistent use in the Open Space Recreation Zone.
3.   The proposed development is for a scale and form of buildings which is incompatible with
     the informal beachside character of the Eastern Beaches Locality and is contrary to the
     Overall Outcomes of the Eastern Beaches Locality Code. Furthermore, the proposal is for
     multiple housing, a form of development which under the Planning scheme is limited to
     Sunshine Beach.
4.   The proposed development ignores the Council’s long-held planning strategy whereby the
     site is to be retained for low-cost visitor accommodation.
5.   The proposal presents an unacceptable development outcome with respect to adjoining
     properties in Rufous Street.
6.   The development provides for an inadequate number of car parking spaces.
7.   The application has not demonstrated sufficient planning or community need to justify setting
     aside the clear conflicts with the Noosa Plan.
8.   The proposed works are contrary to the Natural Hazards Overlay Code as the risk from
     bushfire has not adequately been addressed and the layout may compromise the safety of
     people and property in the event of a bushfire.


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