2019-10-28 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                           28 OCTOBER 2019


RECOMMENDATION
That Council note the report by the Coordinator Planning to the Special Meeting dated 28
October 2019 regarding Application No. RAL18/0023 for a Development Permit for Reconfiguring
A Lot – 1 lot into 24 lots, situated at Noosa Civic, 28 Eenie Creek Road, Noosaville and:
A.   Refuse the application for the following reasons:
     1.    The proposal is contrary to schedule 11, part 2, section 7 of the Planning Regulation
           2017 as the development is situated in a koala assessable development area and
           does not avoid clearing non-juvenile koala habitat trees in circumstances in which
           any significant residual impact of the clearing is unable to be offset.
     2.    The proposal is contrary to the State Planning Policy as the proposed development
           will adversely impact on koala habitat, with koala populations recognised as being
           matters of both national and state environmental significance.
     3.    The proposal is contrary to the State Planning Policy as the proposed development
           hinders disaster management response or recovery capacity and capabilities.
     4.    The proposed development is contrary to the Overall and Specific Outcomes of the
           Noosaville Locality Code as:
           i.     The proposed subdivision and lot sizes are not suitable for the planned future
                  use of land and compromise the ability to achieve the code’s outcomes for a
                  park like setting.
           ii.    The proposal does not provide a lot for the planned inter-regional transit facility,
                  potentially compromising the future provision of this important community
                  facility.
           iii.   The proposal does not provide a satisfactory pedestrian and cycle network for
                  the future development of the area and fails to provide satisfactory linkages with
                  the existing development in the Shire Business Centre.
           iv.    The proposal fails to ensure a high level of residential amenity as it does not
                  provide for acoustic fencing to lots 17, 18 and 19.
           v.     The proposal will adversely impact on the site’s environmental values.
     5.    The proposed development is contrary to the Biodiversity Overlay Code as the
           proposal will adversely impact on koala habitat, does not maximise the retention of
           existing vegetation, and proposes to prematurely clear significant vegetation
           inconsistent with the needs of the community.
     6.    The proposal includes clearing of significant vegetation as part of the proposed
           measures for bushfire and stormwater management contrary to the purpose of
           current environmental covenants registered over the site.
     7.    The proposed subdivision is contrary to the Reconfiguring a Lot Code as:
           i.     The proposal includes lots which are smaller than the minimum lot size required
                  for the Shire Business Centre and the area and shape of these lots are not
                  appropriate for their intended use, with some lots highly constrained by bushfire
                  mitigation measures and access requirements.
           ii.    The proposed access to lot 2 is not suitable and appropriate as it forms a cross
                  intersection within the site.
           iii.   Insufficient provision has been made for walking, cycling and public transport
                  facilities and linkages with the existing development in the Shire Business
                  Centre.
           iv.    The proposal does not include a strategy or plans to retain vegetation or
                  significant trees for the future development of the proposed lots.

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