2019-06-17 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                                       17 JUNE 2019


REPORTS DIRECT TO GENERAL COMMITTEE


7                        PLANNING & ENVIRONMENT COURT APPEAL NO. 2881 OF 2018 - ENFORCEMENT
                         NOTICE ISSUED TO NOOSA AIRFIELD, LAKE WEYBA DVE & EENIE CREEK RD,
                         NOOSAVILLE
DOCUMENT INFORM AT ION




Author                              Manager Development Assessment, Kerri Coyle
                                    Environment & Sustainable Development Department

Index                               ECM/ Application/ COM18/0263

Attachments                         1.   Mediation Agreement
                                    2.   Area to Revegetate



EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the General
Committee Meeting dated 17 June 2019 and agree to resolve the appeal on the basis of the
Mediation Agreement included as Attachment 1 & the Area to Revegetate included as
Attachment 2 to this report.


REPORT
A report was considered by the Planning & Environment Committee Meeting on 11 September
2018 regarding a Planning & Environment Court Appeal lodged against an Enforcement Notice
issued to Noosa Airfield due to unauthorised filling and vegetation clearing undertaken.
Significant uncontrolled fill material (concrete and earth) as well as builder’s demolition materials
had been placed into the manmade waterway at a number of locations. Vegetation had also
been removed from Lot 2 RP160983 (the lot adjacent the airfield) on the south-eastern side of
the access driveway.
Under the Noosa Plan filling where involving more than 100m3 or more of material requires a
Development Permit for Operational Works. Filling where involving less than 100m3 of material
also requires a Development Permit for Operational Works where the filling does not meet
Column 2 of Table 14-52 of the Earthworks Code which includes the following requirement:
S6.1                      The fill material is solid clean earth, free of putrescibles or refuse material, vegetation,
                          acid sulphate soils, building or construction material or other material or contaminants.
The fill is estimated to exceed 100m3 and is not solid clean earth. Council records indicate that
no Development Permit for Operational Works has been obtained for the filling.
Under the Noosa Plan, the area on Lot 2 RP160983 on the south eastern side of the access
driveway, which has been cleared of vegetation, is identified by the Noosa Plan’s Biodiversity
Overlay as being a Riparian Buffer and Environmental Enhancement area. Clearing vegetation
within the Riparian Buffer and/or the Environmental Enhancement Area requires a Development
Permit for Operational Works.
Council records indicate that no Development Permit for Operational Works has been obtained to
clear vegetation.
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