2019-10-28 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                        28 OCTOBER 2019


The applicant did not provide written advice from the Department of Environment and Science
instead providing legal advice which in part concluded that Council could not impose an
environmental offset condition on approval of the Development Application. Consequently,
council officers sought legal advice which concluded that Council is precluded from imposing
contributions of a financial nature or require land dedications in respect of environmental
considerations on future development stages of the SBC. The advice confirmed that this is the
consequence of the agreement reached with the then applicant at the time of the first stage
approval of the SBC on the basis that future development was not of a greater intensity than
MP2. However, council’s planning solicitor also advised that while the Infrastructure Agreement
precludes financial contributions, it does not and should not preclude full consideration of the
impact any development proposal may have on koala habitat, state and local planning
requirements.
2.3. Site Description
The site is part of Lot 3 SP 246584 located at 28 Eenie Creek Road, Noosaville. The lot is
irregularly shaped and approximately 31.73ha in area. The following image is of the current title:




                                      Figure 4: Current title




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