Split view appeal to be defended by council

Noosa Council in court to defend its plan to protect beach-side vegetated character

LEGAL VIEW: Council has a view to defend this planning appeal to help preserve the ocean vistas. Picture: Peter Gardiner

A BID to subdivide one of Noosa's favourite beachside vistas is headed to the Planning and Environment Court.

Noosa Council has decided to defend its decision to say refuse the six-lot application on scarce private land on the eastern side of David Low Way at Castaways Beach.

Councillors knocked back the residential development on a range of grounds including this would entail "the proposed development will result in unacceptable impacts on the visual amenity and character of the area”.

Council's development assessment manager Kerri Coyle said there would be "significant clearing that is contrary to the locality code which requires protection of the vegetated character”.

"Theproposed development is contrary to the biodiversity code as it involves clearing of vegetation that is mapped as environmental protection and riparian vegetation under the Noosa Plan,” she said.

She also raised safety issues with councillors, which would likely require significant clearing of vegetation and earthworks in the road reserve.

"The proposal is an over-development of the site with the resultant development form detrimentally affecting the environmental and amenity values of the site,” she said.

Ms Coyle said the subdivision layout failed to provide street frontage for the lots and an excessive number of lots with access via an easement.

The applicant wants the application be approved subject to "reasonable and relevant conditions”.

"There will be significant costs in defending the appeal, with experts required in planning, ecology, bushfire and traffic,” Ms Coyle said.

Peter Gardiner