Noosa Council draws line in the sand by backing state-decreed development refusal

A councillor quoted The Bible while refusing a development application, saying it could leave the council open to legal action for negligence.

A proposed subdivision for a Ross Crescent site has been refused by Noosa Council.

Build upon the rock and not upon the sand – that is the message a Noosa councillor has given for supporting a State Government-directed refusal of a Sunshine Beach oceanside subdivision.

Councillors, apart from Amelia Lorentson who was absent, on Friday unanimously refused landowners Ross and Penelope Sykes’s bid to slice up their Ross Crescent block.

Councillor Brian Stockwell said approving the application could leave the council open to legal action for negligence for a property that already had a house and pool built on site.

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He quoted a Bible proverb to councillors about the wisdom of building on the rock and not upon the sand to support the refusal.

“It’s always been known since Biblical times that building on sand it’s a high risk strategy and what our plan does is try and reduce the risk of the cost to the community,” Mr Stockwell said.

“What this subdivision would do if approved would increase the risk, not only to the people who would be living there, the potential risk that’s associated with protecting it, but also the risk of losing the beach that people come from all over the world to enjoy.

“And that’s what the state planning policy is about.”

Senior council planner Kerri Coyle said council must refuse the application.

“My understanding (is) we would be breaking the law if we went against the state,” Ms Coyle said.

“The site is currently within a high risk erosion prone area and will also be impacted by the projected effects of climate change in the future.”

Noosa Council says it was ordered by the State Government to refuse an application to subdivide a block at Ross Crescent at Sunshine Beach.

Noosa Mayor Clare Stewart said the Department of State Development had directed the refusal under section 62 of the Planning Act.

“Our hands are tied in this situation because council must adhere to a direction by the State Government,” Ms Stewart said.

Deputy Mayor Frank Wilkie said this decision was about “protecting property and protecting people”.

“It would be irresponsible and unsafe to the people who would want to invest and live on that property for us to approve a subdivision on that block,” Mr Wilkie said.

The Sykes’ application says the subdivision should be allowed because urban infill development is an effective use of the land.

The application says the development is in line with existing development on site and in an area away from the frontal dune systems.

It says no coastal building line used to identify areas vulnerable to coastal erosion exists on the site and the proposed house site area will not be highly visible to the surrounding area.

“The subdivision layout is considered to be an appropriate design having due regard to the surrounding road and settlement pattern and the topography of the site,” the application says.