2017-10-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 10 OCTOBER 2017


It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting, 20 July 2017, Item 1, Page 13
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee dated 11 July 2017 and the further report to the Ordinary Meeting dated 20 July 2017
and refuse Application No. 152006.1999.01 for an extension to the Relevant Period for a
Development Permit to Reconfigure a Lot (52 lots and park) situated at 191 Hollett Road,
Noosaville for the following reasons:
1.     The approval is not consistent with the South East Queensland Regional Plan as the
       development would result in the creation of an urban settlement within an area where the
       intent is to protect the landscape and the capacity for rural production.
1.     The approval is not consistent with the Noosa Plan 2006 as the proposed urban
       development is not located within an established village and would result in fragmentation
       of land holdings outside of areas already allocated for such purpose by the Noosa Plan.
       The development is also partly located within the Riparian Buffer area identified for
       protection by the Biodiversity Overlay
2.     The approval is contrary to the South East Queensland Koala Conservation State Planning
       Regulatory Planning Provisions as the development will result in the removal of non-
       juvenile koala habitat trees.
3.     Different bushfire hazard mapping to that used for the initial approval applies as the State
       Planning Provisions came into effect after the original approval and results in a higher
       hazard rating. The higher hazard rating may require changes to setback/buffer areas and
       an amended subdivision layout. An updated bushfire management plan has not been
       submitted to enable an assessment of the current bushfire hazard.
4.     Significant time has lapsed since the ecological assessment reports were originally
       submitted and the information in these reports is now outdated. Updated ecological reports
       have not been submitted.
5.     The community is unlikely to be aware of the proposal given the significant time that has
       lapsed, the Noosa Plan’s current zoning and no works have commenced on site.
Finance & Risk
Should the matter proceed to trial there will be costs in defending the appeal. It is premature to
advise on potential prospects of the appeal.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes Solicitor
Internal Consultation
Departments/Sections Consulted:
     Chief Executive Officer       Community Services                      Corporate Services
     Executive Officer             Community Development                   Financial Services
     Executive Support             Community Facilities                    ICT
                                   Libraries & Galleries                   Procurement & Fleet
                                   Local Laws                              Property
                                   Waste & Environmental Health            Revenue Services

     Executive Services        x   Environment & Sustainable Development   Infrastructure Services
     Community Engagement          Building & Plumbing Services            Asset Management
     Customer Service          x   Development Assessment                  Buildings and Facilities
     Governance                    Economic Development                    Civil Operations
     People and Culture            Environmental Services                  Disaster Management
                                   Strategic Land Use Planning             Infrastructure Planning,
                                                                           Design and Delivery




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