The plots seeking a subdivision boundary change at Ridgewood.
The plots seeking a subdivision boundary change at Ridgewood.

Flood redevelopment refusal may go to water

One determined Ridgewood home builder keen to build on his rural land lot located on Happy Jack Creek Rd, has carried out his own flood study to prove the house would not be cut off in a major deluge.

Marcus Fanning is appealing Noosa Council’s refusal of his application in the Planning and Environment Court, and is also prepared to pay $33,000 to bring an access bridge up to standard.

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And Mr Fanning’s persistence could well pay off, based on his consultant’s submission to council that he has an “unalienable right” to build on this land.

Noosa Council maybe about to settle a legal appeal by a Ridgewood house builder.
Noosa Council maybe about to settle a legal appeal by a Ridgewood house builder.

Councillors will tomorrow consider a recommendation from development assessment manager Kerri Coyle to settle the appeal provided Mr Fanning undertake an infrastructure agreement.

The grounds on which the council first refused the development application included Mr Fanning had not showed the block had a flood-free house site area and an effluent disposal area.

“The applicant has not demonstrated that lot 2 has flood-free access and residents of proposed lot 2 may become isolated during flood times potentially burdening emergency services,” the council refusal said.

It also stated there was not a suitable, safe and appropriate access as the Crawfords Rd bridge which is likely to require some significant maintenance work and likely increased traffic will create maintenance costs to council.

During appeal negotiations Mr Fanning agreed to carry out his own bridge capacity and flood studies.

Ms Coyle said these found the bridge is in reasonable condition, but recommends that a 24-tonne load limit sign be erected and a 10km/h sign to limit bounce.

As well the bridge girders will have to be replaced in the next 10 years at a cost of $33,300.

Ms Coyle said the submitted flood study showed the lot has a high level of flood immunity and contains a significant flood-free area in the probable maximum flood event.

Mr Fanning’s town planner Ben Cross wrote to council to say the bridge had been consistently crossed by cattle trucks and the structure had not been compromised.

Mr Cross said the proposed new boundary alignments would remedy an existing cattle grazing encroachment.


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