2014-08-19 Planning & Organisation Committee Agenda - Pages 1-101

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                               19 AUGUST 2014


Assessment
Agreed. A response was received from SARA on 6 June 2014 which agrees to the requested
changes to the concurrence agency conditions and the condition can be modified accordingly.


Extension to Relevant Period
The applicant requests an extension of 4 months to the relevant period. An assessment against
the relevant aspects of Section 388 of the SPA is provided below.
Consistency with Current Laws and Policies
The development raises some significant conflicts with current planning instruments. The
approved subdivision proceeded under transitional provisions of the South East Queensland
Regional Plan (SEQRP) (Division 3 (5.3.d) of the 2005-2026 Plan). The site was zoned Rural
Settlement and Open Space Conservation under the Superseded Planning Scheme for Noosa,
which allowed for the subdivision.
The site is in the Regional Landscape & Rural Production Area of the SEQRP and would not be
able to be subdivided if the application were remade. The site is also now zoned Rural under The
Noosa Plan, which does not allow for subdivision of the site. These are substantial conflicts with
primary planning instruments and would normally preclude approval of extension to the currency
period of the approval. However, the following are considered to be grounds in favour of the
request:
   The applicant has taken steps to complete its obligations under the approval and is very
     close to finalising plan sealing (i.e. a matter of days).
   The applicant has obtained an operational works approval required for access/driveway
     works and completed those works.
   The extension will allow time for State agencies to respond to the requested changes to
     conditions of the approval that were made prior to the lapsing date.
   Given 8 years has elapsed from the time of lodgement of the original application, the
     requested 4 month extension is a minor extension that will allow completion of the
     development.
   The completed development will result in 1 additional rural lot of 56ha, which will remain
     consistent with the rural character of the area and will not negatively impact on existing
     residents in the area or cause unacceptable planning outcomes.
The development has also been considered against the provisions of the new Single State
Planning Policy and does not raise any significant new conflicts in that regard.
Infrastructure Charges
On 6 February 2014, Council resolved that in determining applications to extend the relevant
period of approval, Council will require payment of additional contributions via an Infrastructure
Agreement for Trunk Infrastructure Networks not previously applied to the existing approval (but
limited to the maximum Adopted Infrastructure Charge amount).
Under the provisions of the existing approval infrastructure contributions have not been required
for the following relevant networks:
 Transport
 Stormwater
These networks are now applicable to the proposed development. An infrastructure agreement
was drafted for the additional network charges in order for the approval to remain consistent with
current laws and policies applying to the development. The applicant agreed to enter into an
Infrastructure Agreement and provided the signed document on 6 August 2014.

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