2020-08-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         11 AUGUST 2020


      potential effect on ground water dependant ecosystems, and the adequacy of the proposed
      water filling option (rainfall into tanks).
      If the proposed use of stored rainwater to fill the lagoon were not found to be sufficient,
      QPWS does not support water extraction for topping up the lagoon.
      Any impact to the surrounding protected area and values, from neighbouring land use, is
      subject to consideration under the provisions of State and/or Federal legislation as
      relevant, with potential for significant fines and/or rectification orders.
5.3. Other Referrals
The application was forwarded to the following external expert consultant:
 Switchback 48 Consulting, Water Management
5.4. Internal Council Referrals
The application was forwarded to the following internal Council officers:
 Ecologist, Development Assessment
 Coordinator Engineering, Development Assessment
 Principal Strategic Planner, Strategic Planning
5.5. Public Notification
The application was publicly notified for fifteen business days in accordance with the Planning
Act 2016. Two properly made submissions were received. The following table provides a
summary and assessment of the issues raised by submitters.

 Matters Raised                                        Comments
 The Body Corporate of Beach Road Holiday              The subject site is within the Body Corporate of
 Homes CTS 37583 lodged a submission stating           Beach Road Holiday Homes. Legal advice was
 that they had received legal advice that the          received on 7 July 2016 with respect to an
 proposed application requires the consent of the      application over the adjoining lot to the west, which
 Body Corporate.                                       included multiple lots within the Body Corporate of
 The submission stated:                                Beach Road Holiday Homes. The advice stated that
 ‘we have been advised that the development of the     as the change in use does not involve a change in
 subject land (lot 500) is governed by Schedule B of   use of common property, and no works are involved
 the Community Management Statement. The               on common property as a result of the proposal,
 proposed development deviates significantly from      that Body Corporate consent is not required.
 Schedule B. A change to this schedule would           Therefore, as the subject application does not
 require approval from the Body Corporate by           involve a change in use of common property, and
 resolution without dissent at a general meeting.      no works are involved on common property, this
 Council must seek the consent of the Body             advice is also considered applicable to the current
 Corporate prior to assessing this application.        application.
 Please find attached a copy of the Community          The matter of conflict with the current Community
 Management Statement. We invite Noosa Council         Management Statement (CMS) is not a relevant
 to examine the document to confirm this view.’        planning matter to be considered, and is for the
                                                       Body Corporate to consider only.
                                                        In addition, the applicant provided legal advice from
                                                        SPM Law dated 20 March 2020 stating:
                                                       The Body Corporate has submitted that Council
                                                       must seek the consent of the Body Corporate prior
                                                       to assessing this application and this premise is
                                                       fundamentally rejected. The proposed works are
                                                       entirely within the boundaries of this lot and not
                                                       upon Body Corporate common property. Council is
                                                       not required to receive consent of the Body
                                                       Corporate to consider this application. This is a
                                                       submission made under the Planning Act 2016 and
                                                       must be concerned with Council’s assessment of

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