2019-07-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      9 JULY 2019


                                 Figure 2 – Most recent Aerial Photo




Officers issued an Enforcement Notice to the owner given the extent of clearing shown in the aerial
photography and the nature of the previous discussions.
Under the Noosa Plan, this clearing constitutes assessable development and is unlawful unless a
Development Permit for Operational Works (clearing vegetation) has been obtained. The areas on
site which have been cleared of vegetation are identified by the Noosa Plan’s Biodiversity Overlay
as being a Riparian Buffer Area, Environmental Protection Area and/or Environmental
Enhancement Area. Clearing within these areas requires a Development Permit for Operational
Works.
Council records show that a Development Permit has not been obtained for clearing vegetation for
the site.
The Enforcement Notice sought that the owners:
1.   Immediately cease clearing of vegetation on the property
2.   Suitably stabilise the site to prevent movement of soils from the disturbed areas
3.   Undertake rehabilitation of the area cleared of vegetation.
The owners have subsequently lodged an appeal against the Enforcement Notice as provided for
under the Planning Act 2016, submitting that the clearing is of a nature that does not require the
provision of a development approval under the Noosa Plan being exempt clearing. Exempt clearing
is defined by the Noosa Plan and includes matters such as property maintenance, clearing within
10m of building, establishing a necessary firebreak etc. The owners have not specified in the
appeal notice why they consider the clearing undertaken to be exempt but have previously
suggested to officers it was for farming and/or fire management purposes.




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