2019-07-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         9 JULY 2019


The applicant advises:
The development approval is currently subject to a number of appeals in the Planning and
Environment Court including appeals against Council’s refusal to extend the approval’s currency
period.
To ensure that the approval does not lapse due to the operation of the sunset clause, particularly
in circumstances where the appeals are not yet resolved, we request that Condition 5 is amended
to extend the sunset clause date for an additional 3 year period until 5 July, 2022. It is expected
that the appeals will be resolved by that time and the matter otherwise progressed. It is requested
that Condition 5 is updated as follows (strikethrough of deleted original wording and changes in
bold):-
5.   The uncompleted aspects of this development approval lapses on 5 July, 2022 if the
     subdivision plan for the last stage of the development has not been registered by the relevant
     titles authority. within 6 years of the date this approval takes effect.
Included in the applicant’s submission are the following grounds in support of the application:
   the proposed change solely relates to a request to extend the time to complete the
     development and does not result in any different development. The existing approval
     includes comprehensive conditions which are generally consistent with current laws and
     policies;
   the applicants have expended considerable money over time in obtaining the development
     approval and unfortunately Mr Hofmann’s poor health has delayed the applicants’ ability to
     carry out the approved development;
   the land was originally identified as generally suitable for the type of development proposed.
     As part of that approval, it was required to provide a not insignificant contribution of public
     benefit with respect to the road network, for which no compensation was payable. Properly
     understood, the approved development (including conditions of approval) the subject of the
     minor change application is generally consistent with earlier development proposals;
   the land is currently designated in the Rural zone, but has no utility for sustainable rural uses;
   the land immediately adjoins areas designated for Rural Residential and Detached
     Dwellings, and is in close proximity to areas designated for Industry and Shire Business
     Centre. The Planning Scheme designates other land outside the Urban Growth Boundary for
     similar types of development, given that no areas of Rural Settlement are shown within the
     Urban Growth Boundary mapping on ZM9;
   the current development permit is still valid while it is the subject of the Planning and
     Environment Appeals. This minor change application is necessary to ensure the validity of
     the permit in respect to the sunset clause. This change application ought to be approved to
     ensure that the approval does not lapse due to the operation of the sunset clause, particularly
     in circumstances where the appeals to the Planning and Environment Court are not yet
     resolved.
2.   BACKGROUND
A rezoning application was approved over the site on 1 August 1997, approving a change of the
site’s zoning to Special Residential and permitting the development of a maximum of 80 rural
residential lots and 2 rural lots.
This rezoning was gazetted in 1 May 1998 and has an associated Plan of Development (PoD)
referred to in the superseded planning scheme maps. The PoD established the footprint for future
development and open space areas. It also established the development parameters for the site,
including lot density and lot size.
The rezoning and POD have now been superseded with the adoption of The Noosa Plan in 2006
and the rezoning approval is no longer current.

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