AGENDA - Sunshine Coast Council

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Strategy and Planning Committee Agenda 16 February 2011 ASSESSMENT Commonwealth Legislation Environment Protection and Biodiversity Conservation Act Local Government does not have the power to compel the developer to refer the application to the Commonwealth Department of the Environment, Water, Heritage and the Arts for matters of National Environmental Significance. Referrals may be made by or on behalf of a person proposing to take an action, the Commonwealth or a Commonwealth agency, a state or territory government, or agency, provided that the relevant government or agency has administrative responsibilities relating to the action. The Pelican Waters Southern Lakes and Northern Lakes Residential Precincts were formally referred to the Commonwealth Department of the Environment, Water, Heritage and the Arts on 10 April 2002 for matters of National Environmental Significance that included potential impacts to Ramsar wetlands, threatened and migratory bird species. The Commonwealth made a formal decision on 2 May 2002 that the proposed action did not constitute a “controlled action” pursuant to the Environment Protection and Biodiversity Conservation Act and, as such, formal assessment and approval of the action was not required. Despite this, the applicant was advised by Council that it was prudent to refer this application to the Commonwealth for reconsideration, given more specific details are now known with regard to the ultimate development of the subject site. In response, the applicant advised that, there is no “substantial new information” or “a substantial change in circumstances” that were identified that could form the basis for an alternative decision to be made concerning the impacts that the Southern Lake development is likely to have on any matters of National Environmental Significance. To this point in time the proposed development has not been referred to the Commonwealth for reconsideration of its original decision of 2 May 2002. Should Council wish to pursue this matter further it is recommended that Council approach both the relevant State (Environment and Natural Resource Management) and Federal (Environment) Ministers, to request the referral to the Commonwealth be undertaken. State Government Management Plans South East Queensland Regional Plan The subject site is identified within the ‘Urban Footprint’ of the South East Queensland Regional Plan. The land subject to this application is intended to contribute approximately 2,200 dwellings toward the Regional Plan’s 2031 growth targets for additional development in existing areas of the Sunshine Coast. The proposed development is consistent with the Desired Regional Outcomes for the ‘Urban Footprint’. With regard to the dwelling ranges identified, a total net residential density of between 15 and 20 dwellings per hectare is able to be achieved across the subject site, satisfying the residential density objectives expressed in the South East Queensland Regional Plan 2009-2031 for Greenfield Development. Page 26
Strategy and Planning Committee Agenda 16 February 2011 State Planning Policies The following State Planning Policies are applicable to this application: • SPP 1-02 – Development in the Vicinity of Certain Airports and Aviation Facilities; • SPP 2-02 - Planning & Managing Development Involving Acid Sulfate Soils; and • SPP 1-03 – Mitigating the Adverse Impacts of Flood, Bushfire and Landslide. Of these, SPP 1-02, SPP 2-02 and SPP 1-03 have been deemed by the Minister for Local Government and Planning as being appropriately reflected in Council’s Planning Scheme and therefore do not warrant separate independent assessment. South East Queensland Regional Coastal Management Plan The subject site is located within the Maroochy River Catchment which extends from Peregian to the Moreton Bay Regional Council area. Bells Creek and Pumicestone Passage are identified as significant coastal wetlands. Section 2.1.3 - Coastal Development Land Use, addresses matters relating to the potential for environmental impacts that are associated with the establishment of Marine Industry Precincts. The definition of Marine Industry Precinct states: A waterfront based area containing a cluster of marine industry activities and facilities, which may include the following: boat builders, maintenance, repair and refurbishing of vessels, launching and retrieval of vessels, marine industry professionals e.g., naval architects, marine engineers and surveyors, vessel crews, and associated office accommodation, wet and dry vessel storage, fuel storage and delivery infrastructure, the sale and display of marine products, marine industry training facilities, and services, and small scale supporting commercial services and facilities. It is noted that, in terms of the Preliminary Approval and the associated Southern Lakes Pelican Waters Planning Area Code, the definition of “marina” has been amended to limit the extent and type of marine based industries permitted to occur within the proposed marina and Boats Landing Sub-Precinct. High impact uses such as boat building, boat maintenance, abrasive blasting, etc., have been removed from the definition of a “marina”. The proposed definition of marina states: A use of premises for the launching, landing, berthing and storage of boats on or adjacent to the water. The term includes any associated facilities for the fuelling, sewer pumpout and washdown of boats and marine accessories, the parking of motor vehicles and trailers, facilities for recreation and amenity, offices, chandlery, provision shop and caretaker’s residence on the same site. Notwithstanding, the proposed marina is located on land designated for urban purposes and satisfies the criteria with regard to ‘Development Assessment’ in that: a) the proposed marina is not located in an area of State significance; b) the development is designed to cater for current and 2100 peak 100 year Average Return Interval storm tide level and is designed to be immune from fresh water flooding under current climatic conditions and including projected sea level rise due to climate change at 2100; Page 27
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AGENDA - Sunshine Coast Council

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