Developers need to accept that "NO means NO"

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The Peregian Beach Community Association (PBCAI) is seeking changes to the State's planning legislation to reduce the ability of developers to seek repeated changes to a development application and a Consent Order.

 Speaking after Sunday's monthly meeting, PBCAI President, Barry Cotterell, said the ability of developers to repeatedly seek changes to a development application needs to change.

 "We have seen the absurd situation here in Peregian Beach where a developer returns to the courts time and time again to secure changes to a development application, despite the fact that the application has been rejected by Council on a number of occasions as they are non-compliant with the Noosa Plan" he said.

"The proposed Scanlon development on the old caravan park site at Peregian Beach is a case in point. It should never have been dragged on for so long by the developer at great cost to Noosa ratepayers and to local residents who have dug deep to uphold the Noosa Plan".

 "Despite the matter having been contested, then an outcome arrived at after negotiation by all parties, the developer has once again, two months later, decided to go to the Planning & Environment Court to attempt to amend the Order made by Consent."

The local community association voted unanimously at Sunday's meeting to seek a number of legislative changes to the Planning & Environment Court Act 2016.

Because some developers operate by attrition with multiple applications and appeals to the Planning & Environment Court, which unnecessarily costs the local council and the community significant funds, it is proposed that the Act be amended so that second and subsequent Court application costs are met by the developer regardless of the outcome of proceedings.

"Where a developer is seeking to vary a Consent Order, besides paying the costs of all other parties to the proceedings including Respondents by Election, they should be required to offer the Council on behalf of the community a non-revocable significant community benefit before filing the application in the court" he said.

"Town Plans are arrived at after significant community consultation and then approved by the Local and State Governments and reflect the public interest" he said.

Developers need to accept the finding of the Court of Appeal that: "The terms of a planning scheme inevitably reflect the striking of an overall balance, in the public interest, between the many interests potentially affected by the planning scheme."

"Some developers take the view that NO is the long way around to getting a YES."

"It is time the planning culture changed so that NO means NO".

 
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Peregian Beach Community Association :
Peregian Beach Community House, Corner of David Low Way & Woodland Drive, Peregian Beach
07 5448 2208
Peregian Beach Community Association
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Developers need to accept that "NO means NO" 10 November 2019 | The Peregian Beach Community Association (PBCAI) is seeking changes to the State's planning legislation to reduce the ability of developers to seek repeated changes to a development application and a Consent... More information...
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