2019-07-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                            9 JULY 2019


Under the rezoning approval, the applicant was required to dedicate land for the Walter Hay Drive
road reserve. The POD required a further application to be made to Council for the subdivision of
the land.
An application for subdivision (reconfiguring a lot) was subsequently made on 12 September 2006
for 82 lots plus 1 park lot. The applicant at the time requested that the application be considered
under the superseded planning scheme as provided for under the Integrated Planning Act 1997.
At Council’s Ordinary Meeting on 19 October 2006, Council confirmed that the subsequent
development application for reconfiguration could be assessed against the Superseded Planning
Scheme. In arriving at this decision, Council considered that assessment of the application under
the new (2006 Noosa Plan) may have resulted in a compensation claim arising from the potential
loss of value in the land as a result of the change of zoning from Special Residential to Rural under
the 2006 Noosa Plan.
The application was refused as Council was instructed by the Department of Environment &
Resource Management (as Concurrence Agency) to refuse it. Accordingly, a Decision Notice of
Refusal was issued on 16 November 2009. The decision was appealed through the Planning and
Environment Court.
The proposed Rural Residential development was amended by the appellant during the appeal
process, with the number of residential lots reduced to 49 rural residential and 3 rural allotments.
The final approval granted by way of the Planning and Environment Court Order (Appeal No. 344
of 2009) dated 5 July, 2013 reduced the overall yield to 52 Lots and Park. This approval requires
dedication of 52.757 hectares of parkland. A copy of the approved plan is contained within
Attachment 1.
In 2012 the site was part of an application which also included land situated at 99 Hollett Road,
106 and 108-142 Tidswell Road, Weyba Downs.
The application sought preliminary approval under section 242 of the Sustainable Planning Act to
vary the effect of The Noosa Plan and Maroochy Plan 2000 Planning Schemes for a mixed-use
community title development. The development was to be known as Noosa on Weyba comprising
a mix of residential, retail, community and open space uses to be established under a multi-level
community title scheme structure.
The applicant proposed a Noosa on Weyba Locality Plan to generally override the local planning
schemes provisions for the development site. The Plan identified four primary urban precincts with
varying density and character. The precincts were further broken down into zones, being Detached
Housing, Attached Housing, Rural Settlement and Neighbourhood Centre zones. An Open Space
Conservation Zone surrounded the urban precincts.
Proposed uses within the precincts included detached houses, small lot houses, duplexes, multiple
dwellings (units, townhouses and attached dwellings), retirement dwellings and aged care facilities.
Minimum lot sizes ranged from 350m2 to 800m2 and minimum residential densities ranged between
15 – 32 dwellings per hectare. Proposed building heights were 2 to 3 storeys and the Noosa on
Weyba Locality Plan also proposed differing built form provisions (such as site cover and boundary
setbacks) to those sought in comparable urban areas under the Maroochy and Noosa planning
schemes.
The application was refused on 4 April 2014 to which an appeal was lodged on 7 May 2014, but
was subsequently withdrawn.
As part of the original approval for this site it was identified that a part of Hollett Road is not within
the road reserve but rather it is located on freehold land owned by Council. Accordingly, Council is
required pursuant to an Infrastructure Agreement entered into at the time of settlement of the
appeal to commence road closure and road opening applications. This process is now complete.




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