Noosa Council is facing a legal appeal against its decision to refuse a development application to realign boundaries on privately-owned land at Happy Jack Creek Road at Ridgewood in the Noosa hinterland.
Documents filed in the Planning and Environment Court of Queensland earlier this month state the owners of the land, Kaymond Pty Ltd, are seeking leave in the court to appeal the council’s refusal on 6 December 2019.
The land in question includes three lots – 120, 126 and 138 Happy Jack Creek Road, totalling just under 200 hectares.
The proposal is to realign boundaries of the lots to create a new land parcel “in a more useable form”.
The council refused the application on the basis the new lot would not comply with council requirements for a “suitable, flood free house site area” and that the proposed site is “subject to local flooding”.
The council has also argued the applicant had not successfully demonstrated the new parcel would have “flood free access” and that future residents “may become isolated during flood times, potentially burdening emergency services”.
Last Friday 24 January 2020 the Planning and Environment Court ordered that the council must, by 14 February, file “particularised reasons for refusal”, stating specific grounds for non-compliance with the Noosa planning scheme, and demonstrating why such non-compliance could not be “adequately addressed” by conditions on the development”.
A further review of the case is listed for Friday 28 February.
Another current planning case involving the council and Pelican Boat Hire over plans for an extension to an existing jetty and pontoon – also refused by the council – is still with the Planning and Environment Court.
The court has ordered both parties to assemble expert evidence over the next several months and jointly attend a “without prejudice” out of court conference over the appeal by 15 May 2020.
