2015-10-13 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                            13 OCTOBER 2015


RECOMMENDATION
That Council note the report by the Environment Officer to the Planning & Organisation
Committee Meeting dated 13 October 2015 regarding Planning and Environment Court
Appeal D128/15 and agree to defend the appeal.


REPORT
1.    Application Details

In January 2015, Council received an application to clear vegetation predominately located
within an environmental covenant area to the rear of the Iluka Apartments located at 10
Serenity Close, Noosa Heads (refer Attachment 1). The application was lodged as a code
assessable application under the Planning Scheme. As the vegetation was located within an
area protected by an environmental covenant, the application was required to seek written
approval from Council for damage to vegetation in the covenant area in accordance with
item 5 of the covenant.

The application seeks to remove vegetation (trees) adjacent to the covenant boundary as
the applicant contend the trees are within a designated low fuel zone and are required to be
removed to satisfy the approved fire management plan for the site.

The trees located within the designated low fuel zone associated with the covenant areas for
Iluka, Riverlight and Elandra apartments have been the subject of numerous requests for
removal.

Previously, officers had advised Cartwright Lawyers in October 2014 that the vegetation in
the Iluka covenant designated low fuel zone was not required to be removed to comply with
the approved fire management plan.

After the receipt of the further January 2015 application, Council engaged the services of a
bushfire expert, Mr Rob Friend, to obtain an appraisal of the request and to provide expert
opinion as to the risk the trees, subject to the application, posed in terms of bushfire risk.
Council’s fire consultant was also asked to provide an assessment of the bushfire risk of the
vegetation located in the covenant areas for each of the unit developments in Settlers Cove
(Serenity Close), including the undeveloped lots.

Mr Friend provided his expert opinion to Council and found that any removal of vegetation
for bushfire mitigation is not reasonable in the current situation. He stated due to the depth of
vegetation, the ability for a fire to become an issue is very low. Mr Friend concluded the
vegetation is not a risk to life and/or property or environment should the area become
involved in a bushfire. The area is considered to be a low hazard area.

In February 2015 officers provided a written response to the applicant and surrounding
landholders enclosing the findings of the bushfire expert and refused Iluka’s application to
remove vegetation in the covenant area.

In June 2015 Council received a letter from P&E Law requesting a decision be made
pursuant to the planning scheme and the provision of IDAS. Council’s legal advice was that
as an operational works application had been lodged, a decision notice should be issued
notwithstanding that an approval to remove vegetation was also required under the site’s
covenant. The application was refused as trees subject to the application did not materially
increase the risk of bushfire in the area, are important and active koala food trees, provide a
visual buffer to the residents of Noosa Sound and are important for the ecology of the area.



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