CLEARING restrictions and revegetation of the green backdrop which helps define Noosa Hill's character will be central to a planning court challenge.
A section of the canopy overlooking Noosa Main Beach is subject to a legal challenge to Noosa Council insisting there be a two metre setback from the Park Rd boundary for an approved retaining wall and unroofed deck.
An appeal lodged in the Planning and Environment Court on September 20 is asking for the setback condition to be removed to allow the proposed development to extend to the boundary.
The challenge also is for the requirement of dense landscaping and tree retention to be also struck out of the approval on the grounds that both conditions are not relevant to "the proposed development or use of the premises".
If this goes to trial, the court will also have to consider if this is an unreasonable council requirement as put forward by the appellant.
A report to council said Noosa limits dwelling houses along this section of Park Rd to a maximum gross floor area of 150 sq m to maximise "the retention of vegetation on Noosa Hill and maintains a green backdrop to Noosa Main Beach".
"The site contains an existing dwelling nestled amongst the vegetated steeply sloping lot (approximately 30% slope)," the report said.
"The proposal does not retain any vegetation that would sufficiently screen the structure and does not allow for landscaping between the development and the boundary.
"Landscaping is proposed beneath the structure which is unlikely to do well, and will not provide visual screening.
"Without adequate screening there is potential to negatively impact on the visual amenity of the area.
"The road reserve is well vegetated and would provide some visual buffer, but it is not appropriate to rely upon road reserve vegetation to buffer development, as this vegetation may need to be cleared for future works."
The appeal grounds said this proposal complies with the building works code because it "provides increased overall amenity for users of the premises by increasing the area of usable private open space".
The appeal documents said the applicant had provided "substantial landscaping which will screen the structure and preserve the visual and acoustic privacy of the adjourning and nearby land uses."
"Substantial existing native vegetation will be retained and supplementary planting will be undertaken.
"The proposal will be above the natural line of sight and will be suitably screened from the frontage", retaining the "visual continuity" and "landscape elements within the street."
Councillors are expected to decide to defend the appeal this Thursday.
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