2020-05-18 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                     18 MAY 2020


   Within 6 weeks of lodgement of an appeal with the Planning & Environment Court, parties
     to an appeal are required to seek orders and direction from the court including setting a
     date for a without prejudice mediation before the alternative dispute resolution court
     registrar.
   The court may award costs against a party in certain situations, but the scope to do so is
     very limited under the Planning Act 2016.
   Since March 2016, a total of 34 appeals to the court had been finalised as at February
     2020, with only 7 of these proceeding to trial in which Council was successful. 17 appeals
     were settled after amended plans were provided or agreement reached on amended
     conditions and 10 appeals were withdrawn.
   Council’s strong record of successfully defending the planning scheme was due to a good
     planning scheme, consistent decision making in line with the planning scheme and highly
     experienced solicitor and experts.
   All Planning & Environment Court appeals are reported to Council on receipt and an initial
     resolution sought to defend the appeal, noting though that few matters proceed all the way
     to trial. Prospects for the appeal are not known at this stage, as it is difficult to determine
     prospects until joint expert reports are prepared.
   The role of alternative dispute resolution has seen the resolution of appeals saving parties
     costs, but not all conflicts are simple to resolve and some appeals see the parties
     fundamentally opposed to one another.
A further workshop is also proposed for Councillors on 15 May 2020 to brief Councillors on the
application issues and this appeal for the NBN Tower, with a site inspection arranged by
Councillors.
It is recommended that Council resolve to defend the appeal, noting that the appeal will be
managed by Council’s Manager Development Assessment, Director and the Case Management
Working Group and reported back to Council if potential solutions are identified during mediation
or advice is received that prospects for Council’s case is poor.
Previous Council Consideration
Ordinary Meeting Minutes, 20 February 2020, Item 1, Page 9
That Council note the report by the Development Planners to the Planning & Environment
Committee Meeting dated 11 February 2020 regarding Application No MCU18/0166 for a
Development Permit for Material Change of Use Service and Utility - Type 3 Tower, situated at
244 Tablelands Rd, Cooran and:
A.   Refuse the application for the following reasons:
     1.    The proposed infrastructure will compromise the scenic amenity and regional
           landscape in an area identified by the SEQ Regional Plan as being of regionally
           significant scenic amenity contrary to the strategies referred to in Element 4 of
           Chapter 3 Goal 4:Sustain.
     2.    The proposed development is inconsistent with Desired Environmental Outcome
           3.1.3 m) viii of the Noosa Plan as the proposed development is visually prominent in
           the view from premises along Tablelands Road.
     3.    The development application proposes a use that is inconsistent in the Rural Zone of
           the Mary River Catchment Locality;
     4.    The proposal is inconsistent with the Mary River Catchment Locality Code in the
           following respects:
           4.1   The visual amenity enjoyed by users of nearby premises is adversely impacted
                 contrary to Overall Outcome 8.7.2 a)iii;: 6, Version Date: 26/02/2020 Document
                 Set ID: 21092349 Page 2 of 20

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