Environmentalists focused on the details in a council bylaw in a last ditch effort to stop the clearing of wallum habitat, identified as a critical feeding site for endangered Glossy Black Cockatoos, for a BlueCare retirement village development.
Last week retired barrister Barry Cotterell wrote to council describing a decision made on 13 May 2023 in relation to a minor change in the development application as “clearly invalid“ according to Council’s delegations of authority register, under S79 of the Planning Act 2016, calling for the decision to be revoked and BlueCare to be informed.
“This application relates to a proposed development which, you would have to agree, is of significant community interest,“ he said.
“While it could be argued that under these circumstances there is no delegation to the CEO there is clearly no power for him to “on delegate” this decision.
“The conditions for on-delegation are:
“The Delegated Officer may exercise the powers of the Council under the Planning Act 2016 for an application other than the following:
b) the approval of an application where there is substantial non-compliance with a stated policy of the Council or a high order provision of the Planning Scheme being a desired environmental outcome, or an overall outcome of a code;
d) requests for change representations, and change applications to change or delete conditions that were imposed by Council at an Ordinary Meeting or a Special Meeting;
e) and an application for a proposed development of significant community interest.”
d) and e) are certainly relevant and b) might be too.“
Mr Cotterell said given the speed with which this application was processed councillors may not have been aware it was pending or, like the community, assumed that it would proceed to council for proper consideration.
“The application should then be considered by councillors who should properly examine the offset receiving site on the former dump site to ascertain if the developer has “re-established” the habitat on Lot 9 of mature feed trees with the proposal to plant seedlings which will only reach two metres in five years,“ he said.
“If Noosa Shire has to process the inappropriate offset approved by Sunshine Coast Regional Council in 2011, at the very least it should ensure that it achieves the highest standard possible and not just facilitates the development.“
In a statement Noosa Council said:
“The approval for this development is lawful and can not be changed by council, unless requested by the applicant.
“The offset site, identified in 2011, is a former landfill site within the Girraween Estate.
“An independent assessment of the site has deemed it suitable to be used for offsets.
“All conditions and offsets are included to protect and reduce impacts on the environment and the amenity of the surrounding area.“
BlueCare said it had approval from Noosa Council and State and Commonwealth governments to start construction of a retirement village, comprised of 122 independent living retirement homes on the site at Lot 9, Grasstree Court.
In a letter distributed to resident surrounding the development last week BlueCare said work on the site was scheduled to begin ono after 13 June.
“This forms part of the preliminary works of the Sunrise Beach Village by BlueCare precinct, combining aged care (currently under construction) and retirement living. The works include site establishment, vegetation clearing and fauna management, salvage and translocation of Grasstrees, live seed soil and mulch translocation to and for the rehabilitation of a section of land located within the Nature Reserve at 100 Eenie Creek Rd, Noosa Heads.“
A document prepared by Council on the development can be found at www.noosa.qld.gov.au/downloads/file/4273/grasstree-court-development-girraween-estate
