2019-06-17 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                      17 JUNE 2019


The area to be rehabilitated is generally reflective of the area cleared of vegetation, with this area
not previously being fully vegetated.
Notably as previously reported to Council in September 2018 “…the original town planning
consent for the use expired many years ago and that a subsequent rezoning approval in 1994 to
Special Facilities was never completed despite correspondence by Council at the time noting the
Council’s concerns in this regard.
The present use of the land for airfield purposes involving the landing and take-off of aircraft and
associated facilities being housing, servicing, maintenance and repair of aircraft is therefore
unlawful.”
While this land use issue has been brought to the attention of Noosa Airfield some time ago,
Noosa Airfield have not provided any response to this issue and declined to discuss the matter at
mediation. This outstanding issue will therefore be further progressed separately to this appeal
with Council’s solicitor given the owners stated intentions to construct a car park, the potential
significant impacts of the airfield with previous complaints received from residents about the site
being used as a helicopter training base and the sensitive environmental setting in which the
airfield is located.
It is therefore recommended that Council resolve the appeal on the basis of the Mediation
Agreement reached with Noosa Airfield by Council officers.


Previous Council Consideration
Ordinary Meeting Minutes, 20 September 2018, Item 6, Page 8
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 September 2018 regarding Planning & Environment
Court Appeal No. 2881 of 2018 and agree to continue enforcement against Noosa Airfield to
address the current breaches of The Noosa Plan.


Finance & Risk
The total costs to date for the appeal against the Enforcement Notice have not been collated at
this stage but include preparation of material and submission to the court including full
statements from Council’s development assessment officers involved in the investigation.
Council’s planning solicitor for the matter advises the following “I strongly recommend that
Council accept the agreement which, I consider, is a very good outcome bearing in mind the
issues in dispute”. Were Council not to accept this agreement the matter is likely to proceed to
trial with no certainty for the likely outcome.


Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes
Internal Consultation
Nil




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