Livingstone Shire Council Settles Appeal for Norpine Developments Pty Ltd Subdivision

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Published
27th June 2024

Livingstone Shire Council has resolved to settle an appeal related to the proposed subdivision by Norpine Developments Pty Ltd at Lot 46 Norpine Road, Bungundarra. This decision was made at the Ordinary Council Meeting held on Tuesday, 18 June 2024.

The proposed development involves reconfiguring one lot into 28 lots, along with the construction of two new roads. One road will extend Norpine Road to Daly Creek Road, while the second road will terminate in a cul-de-sac.

On 21 November 2023, Council originally refused the development application D-44-2023 due to concerns regarding the provisioning of water for the development. Despite an officer recommendation for approval with conditions, the proposal faced public opposition, receiving 18 submissions during the notification period.

The applicant appealed Council's refusal in the Planning and Environment Court. Throughout the court-ordered mediation process, Council officers and the applicant met multiple times to seek a resolution.

Livingstone Shire Mayor Adam Belot said Council received clear legal advice indicating that our grounds for refusal were not strong.

“It was imperative for us to seek a mediated outcome that aligns with the overall public interest,” Mayor Belot said.

“I recognise that some people will be very disappointed with Council’s decision to settle the appeal.

“Each decision we make is based on the best planning information available and is subject to reasonable and relevant conditions. We believe that this settlement is a balanced and acceptable resolution."

The Council's decision to settle the appeal is supported by several key factors:

  • The development generally complies with the Strategic Framework of the Livingstone Planning Scheme 2018.
  • The proposal maintains the rural character of the area and does not compromise the agricultural capacity of surrounding lands.
  • The development adheres to bushfire and biodiversity requirements, ensuring safety and environmental protection.
  • The lot sizes and configurations are consistent with the surrounding area, and water provisioning concerns have been adequately addressed.

"Council believes this mediated outcome is in the public's best interest,” Mayor Belot said.

“The development will proceed with conditions ensuring it meets our planning standards and preserves the character and amenity of Bungundarra."

The settled appeal allows for the progression of Norpine Developments Pty Ltd's subdivision, with infrastructure contributions totalling $654,000. This contribution will support the necessary development permits and compliance measures, ensuring a smooth and responsible execution of the project.