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2022-02-17 Ordinary Meeting Minutes

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                         Minutes


            Ordinary Meeting


          Thursday 17 February 2022

                                 5pm
           Council Chambers, 9 Pelican Street, Tewantin




Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie



                    “Noosa Shire – different by nature”
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Section 2

ORDINARY MEETING MINUTES                                                   17 FEBRUARY 2022


1.   ATTENDANCE & APOLOGIES
     Via Microsoft Teams:

     Councillor C Stewart, Mayor
     Councillor F Wilkie
     Councillor K Finzel
     Councillor J Jurisevic
     Councillor A Lorentson
     Councillor B Stockwell
     Councillor T Wegener

     EXECUTIVE
     L Sengstock, Acting Chief Executive Officer & Director Infrastructure Services
     K Contini, Director Community Services (via Microsoft Teams)
     L Jensen, Acting Director Environment & Sustainable Development (via Microsoft Teams)
     D Iezzi, Director Executive Services (via Microsoft Teams)
     T Grauf, Acting Director Corporate Services (via Microsoft Teams)

     APOLOGIES
     Nil

     The meeting commenced at 5.04pm.

2.   CONFIRMATION OF MINUTES
     Council Resolution
     Moved:            Cr Wilkie
     Seconded:         Cr Finzel
     The Minutes of the Ordinary Meeting held on 20 January 2022 be received and confirmed.
                                                                        Carried unanimously.


3.   MAYORAL MINUTES
     Nil



4.   PETITIONS
     1     PETITION: PROTECT KOALA FOOD TREES AND LANDSCAPE, NOOSA HEADS
           PINAROO PARK
           Refer to Attachment 1
           Council Resolution
           Moved:           Cr Lorentson
           Seconded:        Cr Wilkie
           That the petition signed by 175 people tabled by Cr Lorentson requesting Council cease
           development of 30 Toulambi St, Noosa Heads to protect Koala food trees and landscape
           and rezone this block to Open Space Recreation/Environmental management be
           received and referred to the Chief Executive Officer to determine appropriate action.
                                                                            Carried unanimously.


                                                                                  Page 2 of 33

Section 3

ORDINARY MEETING MINUTES   17 FEBRUARY 2022


5.   NOTIFIED MOTIONS

     Nil.




6.   PRESENTATIONS

     Nil.




7.   DEPUTATIONS

     Nil.




                               Page 3 of 33

Section 4

ORDINARY MEETING MINUTES                                                   17 FEBRUARY 2022


8.   CONSIDERATION OF COMMITTEE REPORTS


     1.   PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 8 FEBRUARY
          2022


     1    NOOSA COUNCIL CARBON FOOTPRINT REPORT FY 2020/2021
          That Council note the report by the Project Officer, Carbon Reduction to the Planning &
          Environment Committee Meeting dated 8 February 2022 that includes a calculation of
          the FY 2020/201 Carbon Footprint for Noosa Council as an organisation and its progress
          towards the target of net zero emissions by 2026.

     2    NOOSA ENVIRONMENT STRATEGY IMPLEMENTATION YEAR TWO ANNUAL
          UPDATE
          That Council note the report by the Acting Environmental Services Manager to the
          Planning & Environment Committee Meeting dated 08/02/2022, providing the year 2
          annual report on the implementation of the Noosa Environment Strategy.


     3    WATER PLANNING FOR NOOSA SHIRE
          That Council note the report by the Acting Environment Services Manager to the
          Planning & Environment Committee Meeting dated 8 February 2022 and note:
          A.   the information pertaining to water security and management in Noosa Shire and
               the various water planning processes currently underway as discussed in this
               report and summarised in Attachment 1;
          B.   the formation of an internal Working Group to co-ordinate involvement,
               communication and outcomes from the water planning processes; and
          C.   the proposal to call an Environmental Round Table with Natural Resource
               Management groups to engage on the topic of regional water strategy.


     4    NOOSA RIVER ALGAE MONITORING UPDATE
          That Council note the report by the Environment Officer (Rivers and Coast) to the
          Planning & Environment Committee Meeting dated 8 February 2022 concerning the
          Noosa River Algae Monitoring Project Update with a meeting of environment experts
          being convened in the near future to consider next steps.


     5    PLANNING APPLICATIONS DECIDED BY DELEGATED                        AUTHORITY FOR
          NOVEMBER & DECEMBER 2021
          That Planning & Environment Committee Agenda Item 5 be referred to the General
          Committee for further consideration.

     6    MCU21/0013 & OPW21/0031 – PLANNING & ENVIRONMENT
          COURT APPEAL NO. BD2677 OF 2021 – REFUSAL OF AN APPLICATION FOR
          MULTIPLE DWELLING UNITS (19 UNITS), FOOD & DRINK OUTLET, INDOOR
          SPORT & RECREATION, HEALTH CARE SERVICE, OFFICE & OPERATIONAL
          WORKS AT 30-32 DOONELLA ST, TEWANTIN
          That Planning & Environment Committee Agenda Item 6 be referred to the General
          Committee due to the significance of the issue.

                                                                                  Page 4 of 33

Section 5

ORDINARY MEETING MINUTES                                                17 FEBRUARY 2022


    Council Resolution
    Moved:          Cr Lorentson
    Seconded:       Cr Wegener
    That the report of the Planning & Environment Committee dated 8 February 2022 be received
    and the recommendations therein be adopted.
                                                                       Carried unanimously.




                                                                              Page 5 of 33

Section 6

ORDINARY MEETING MINUTES                                                 17 FEBRUARY 2022


    2.   SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 8 FEBRUARY
         2022

    1    2021 DELEGATIONS OF AUTHORITY ANNUAL REVIEW
         That Services & Organisation Committee Agenda Item 1 be referred to the General
         Committee due to the significance of the issue.

    2    BBRF GRANT APPLICATION FOR NOOSA DISTRICT SPORTS COMPLEX – STAGE
         1
         That Council note the report by the Community Development Officer (Sport and
         Recreation) to the Services & Organisation Committee Meeting dated 8 February 2022)
         and:
         A.   Approve the submission of a Building Better Regions Fund Round 6 application for
              a $4,145,000 project to construct the Noosa District Sports Complex Internal Road
              and Pathway upgrade with 50% $2,072,500) to be funded through Council’s
              budget and the remaining 50% funded through the BBRF grant, pending a
              successful outcome.
         B.   Supplement the 2023/2024 budget with an additional $1,172,500 Council general
              revenue funding to increase the budget allocation of Council funds to $2,072,500
              in total, subject to any reallocation between financial years should the grant be
              successful and there be capacity to deliver the project early.

    3    HOLIDAY PARKS FEES AND CHARGES
         That Council note the report by the Property Advisor – Commercial Property to the
         Services & Organisation Committee Meeting dated 8 February 2022 and:
         A.   Set fees and charges for the Noosa Holiday Parks to align with the cessation of
              the end of the July 2023 Queensland school holidays; and
         B.   Adopt the Proposed General Cost Recovery Fees and Commercial Charges
              schedule for Noosa Holiday Parks for the period ending Monday 10 July 2023 as
              detailed in the tables contained within the report.

    4    NOOSA HOLIDAY PARKS UPDATE REPORT TO 31 DECEMBER 2021
         That Council note the report by the Property Advisor – Commercial Property to the
         Services & Organisation Committee Meeting dated 8 February 2022 providing an update
         on operations of the Noosa Holiday Park Business Activity to 31 December 2021.


    5    CAPITAL PROGRAM DELIVERY STATUS – 31 DECEMBER 2021
         That Council note the report by the Infrastructure Planning, Design & Delivery Manager
         to the Services & Organisation Committee Meeting 8 February 2022 providing an update
         on the delivery of the 21/22 capital program as at 31 December 2021.


    6    CUSTOMER SERVICE OPERATIONAL REPORT 2021
         That Council note the report by the Customer Service Manager to the Services &
         Organisation Committee Meeting dated 8 February 2022 providing an update on the
         activities of the Noosa Customer Service Branch.




                                                                                Page 6 of 33

Section 7

ORDINARY MEETING MINUTES                                                 17 FEBRUARY 2022


    Council Resolution
    Moved:         Cr Jurisevic
    Seconded:      Cr Wilkie
    That the report of the Services & Organisation Committee dated 8 February 2022 be received
    and the recommendations therein be adopted.
                                                                        Carried unanimously.




                                                                               Page 7 of 33

Section 8

ORDINARY MEETING MINUTES                                                                17 FEBRUARY 2022


    3   GENERAL COMMITTEE MEETING REPORT – 14 FEBRUARY 2022


    1   PLANNING APPLICATIONS DECIDED BY DELEGATED                                       AUTHORITY FOR
        NOVEMBER & DECEMBER 2021
        In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the
        following declaration to the meeting of a declarable conflict of interest in this matter:
        I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation
        to the application by Altum Constructions in Item 31 – MCU20/0150.1. I have a close personal
        friendship with Leigh and Rob McCready, who are associated with the applicant. As a result of
        my conflict of interest I will now leave the meeting room while the matter is considered and voted
        on.
        Cr Stewart left the meeting.
        In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the
        following declaration to the meeting of a declarable conflict of interest in this matter:
        I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter in relation
        to the application by Altum Constructions in Item 31 – MCU20/0150.1. Leigh McCready who is
        associated with the applicant was involved in a volunteer capacity with my 2020 election
        campaign where I was one of three candidates that ran as a group known as 'Future Noosa'
        (which is no longer an entity). As a result of my conflict of interest I will now leave the meeting
        room while the matter is considered and voted on.
        Cr Finzel left the meeting.
        In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the
        following declaration to the meeting of a prescribed conflict of interest in this matter:
        I, Cr Stockwell declare I have a prescribed conflict of interest in this matter as follows: Suncoast
        Building Approvals are identified as the applicant in number 26 for Development Application
        EXE21/0035. I contracted Suncoast Building Approvals to undertake Building Certification for my
        proposed residence in Boreen Point on the 29 November 2021. This process is currently
        underway. The total fees associated with the completion of the certification and inspection regime
        is $5,904 which includes Noosa Council Plumbing and Drainage fees. As a result of my conflict
        of interest I will now leave the meeting room while the matter is considered and voted on.
        Cr Stockwell left the meeting.

        Cr Wilkie assumed the chair.

        Council Resolution
        Moved:               Cr Jurisevic
        Seconded:            Cr Wegener
        That Council note the report by the Development Assessment Manger to the Planning &
        Environment Committee Meeting dated 8 February 2022 regarding planning applications
        that have been decided by delegated authority.
                                                                    Carried unanimously.

        Crs Stewart, Finzel and Stockwell returned to the meeting.


        Cr Stewart resumed the chair.


    2   REFER TO REPORT 10 (CLOSED SESSION ITEM)




                                                                                               Page 8 of 33

Section 9

ORDINARY MEETING MINUTES                                                  17 FEBRUARY 2022


    3   2021 DELEGATIONS OF AUTHORITY ANNUAL REVIEW
        That Council note the report by the Governance Officer to the Services & Organisation
        Committee Meeting dated 08 February 2022 and adopt:
        A.   New Delegations - Pursuant to section 257 of the Local Government Act 2009, to
             delegate the powers of the Local Government outlined in the Delegations of
             Authority provided at Attachment 1, to the Chief Executive Officer of Council;
        B.   Updated Delegations - Pursuant to section 257 of the Local Government Act 2009,
             to delegate the powers of the Local Government outlined in the Delegations of
             Authority provided at Attachment 2, to the Chief Executive Officer of Council; and
        C.   Unchanged Delegations - Pursuant to section 257 of the Local Government Act
             2009, to delegate the powers of the Local Government outlined in the Delegations
             of Authority provided at Attachment 3, to the Chief Executive Officer of Council.



    4   30 TOULAMBI STREET, NOOSA HEADS DESCRIBED AS LOT 15 RP129286 - SITE
        INVESTIGATION   FOR   SOCIAL  HOUSING   AND    MEMORANDUM        OF
        UNDERSTANDING WITH COMMUNITY HOUSING PROVIDER
        That Council note the report by the Senior Strategic Planner to the General Committee
        Meeting dated 14 February 2022 and agree to:
        A.   Not proceed with any further investigation at 30 Toulambi Street for social or
             affordable housing;
        B.   Resolve to amend the Noosa Plan 2020 by having 30 Toulambi Street included in
             the Environmental Management and Conservation Zone;
        C.   Delegate to the Chief Executive Officer to finalise the details of a Memorandum of
             Understanding with Coast2Bay Housing Group to allow collaboration and
             investigations for social housing/affordable housing outcomes on Council owned
             land and other land or opportunities across the Shire.
        D.   Invite the Federal Member for Wide Bay to a roundtable meeting to discuss the
             implications of the phase-out of the National Rental Assistance scheme.
        E.   Prepare an updated Management Plan for Pinnaroo Park in accordance with the
             Noosa Bushland Reserve Strategic Management Plan and refer the consideration
             of this to the 2022/2023 budget process.
        F.   Acknowledge the commitment, dedication, local knowledge and years of
             volunteering work from the former Pinnaroo Park Community Bushland Care
             Group and adjacent residents who have assisted with management activities within
             the Reserve, including assisting with the control of environmentally damaging
             weed species, assisting with revegetation of denuded areas by planting local native
             species and for providing opportunities for community members to connect and
             become involved in the management of bushland values of the area.




                                                                                Page 9 of 33

Section 10

ORDINARY MEETING MINUTES                                                       17 FEBRUARY 2022


    5   MCU21/0162 - APPLICATION FOR A MATERIAL CHANGE OF USE – COMMUNITY
        USE (SURF MUSEUM), FOOD AND DRINK OUTLET, INDOOR SPORT AND
        RECREATION AND OFFICES AT 3 HILTON TERRACE, TEWANTIN
        That Council note the report by the Development Planner to the General Committee
        Meeting dated 14 February 2022 regarding Application No. MCU21/0162 for a
        Development Permit for Material Change of Use - Community Use (Surf Museum), Food
        and Drink Outlet (Restaurant), Indoor Sport and Recreation (Gym) & Offices situated at
        Noosa Lakes Resort 3 & 95/3 Hilton Tce Tewantin:
        A.   Approve the application in accordance with the following conditions:
        PLANNING
        When Conditions must be Complied With
        1.   Unless otherwise stated, all conditions of this Decision Notice must be complied
             with prior to the use commencing, and then compliance maintained at all times
             while the use continues.
        Approved Plans
        2.   Development undertaken in accordance with this approval must generally comply
             with the approved plans of development. The approved plans are listed in the
             following table unless otherwise amended by these conditions.
         Plan No.   Rev.   Plan/Document Name                                             Date
         TP101      A      Site Plan, Skeco Building Design                               13/08/21
         TP202      A      Existing First Floor Plan, Skeco Building Design (annotated)   13/08/21
         TP203      A      New Ground Layout Plan, Skeco Building Design (annotated)      13/08/21
         TP204      A      Café Bar Restaurant, Skeco Building Design                     13/08/21
         TP205      A      Gymnasium, Skeco Building Design                               13/08/21
        Nature and Extent of Approved Use
        3.   Service vehicle movements associated with the approved use (including loading
             and unloading) must not occur outside the hours of 7am to 6pm Monday to
             Saturday and not at all on Sundays or public holidays.
        4.   The outdoor dining area associated with the Food and Drink establishment must
             not exceed 39m2.
        5.   Classes in the gymnasium are limited to a maximum of 10 people at any given time
             (excluding staff).
        6.   The offices must be in accordance with the approved first floor plan, and include a
             minimum of 16 small office tenancies, with rooms 17 and 18 comprising a shared
             multi-purpose room and boardroom.
        Currency Period
        7.   This development approval lapses if the use has not happened by 17 February
             2028, unless an application to extend the currency period is approved by Council.
        Street Identification
        8.   The street address of the development must be clearly visible and discernible from
             the primary frontage of the site by the provision of a street number and, where
             appropriate, the building name.
        Damage to infrastructure
        9.   Any damage to footpaths, street plantings, natural vegetation/trees kerb and
             channel, bridges or roadways must be repaired or reinstated to at least pre-existing
             conditions.


                                                                                    Page 10 of 33

Section 11

ORDINARY MEETING MINUTES                                                   17 FEBRUARY 2022


        Building Appearance
        10.   All mechanical equipment and other service infrastructure located on the site must
              be:
              a.   located not less than 2 metres from a property boundary
              b.   fully enclosed or screened such that they are not visible from the street
                   frontages nor adjoining properties. Where screened by landscaping,
                   landscaping beds must be at least 1.5 metres wide.
             No part of the site may be used for outdoor storage of materials unless specified
             on the Approved Plans or the conditions of this Decision Notice. Materials stored
             outside of the building must not exceed 4 metres in height or half the height of the
             building, whichever is the greater.
        Car Parking
        11.   A minimum of 31 car parking spaces must be provided and marked on the site and
              made available and accessible at all times while the uses are open for business.
              All car parking areas and access driveways must be maintained exclusively for
              vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
        12.   Directional signage must be provided to direct visitors and customers to the car
              parking spaces provided on site.
        Landscaping Works
        13.   The development site must be landscaped. The works must be undertaken in
              accordance with an Operational Works approval and the Noosa Plan for that
              specific area and must include in particular:
              a.   the works shown on the Approved Plans
              b.   revitalisation of the existing landscape beds and landscape setbacks along
                   the Hilton Terrace Road frontage of the subject site (where the conference
                   building is located), exclusive of the access driveway, generally
                   uncompromised by infrastructure items.
        14.   All landscape works must be established and maintained in accordance with the
              approved design for the life of the development, and in a manner that ensures
              healthy, sustained and vigorous plant growth. All plant material must be allowed
              to grow to full form and be refurbished when its life expectancy is reached.
        15.   All landscape works must be maintained generally in accordance with the
              approved design for the life of the development.
        B.    Find the following matters relevant to the assessment and sufficient reason to
              approve the application:
              1.   The proposal is consistent with the Tourist accommodation zone overall
                   outcome 2(b) which envisages that visitor accommodation in the urban areas
                   is supported by a mix of business activities which create a vibrant
                   atmosphere and complement and enhance the function and attractiveness
                   of the area as a visitor destination
              2.   The office space will encourage business tourism and act as an incubator for
                   start-up businesses and is of a scale that is ancillary to the visitor
                   accommodation.
              3.   The office space is of a nature and scale that is compatible with the mixed-
                   use character and coastal amenity of the area.
              4.   The proposed office space will not compromise the viability of the Noosa
                   Shire centres hierarchy considering the specific nature of office space and it
                   small gross floor area.

                                                                                Page 11 of 33

Section 12

ORDINARY MEETING MINUTES                                                17 FEBRUARY 2022


        C.   Note the report is provided in accordance with Section 63(5) of the Planning Act
             2016.



    6   ORGANISATIONAL STRUCTURE
        That Council note the report by the Director Executive Services Department to the
        General Committee Meeting dated 14 February 2022 and adopt the Noosa Council
        Organisational Structure as set out in Attachment 1 to the report.



    7   COUNCILLOR REPRESENTATION ON COUNCIL OF MAYORS WORKING GROUPS
        That Council note the report by the Acting Chief Executive Officer to the General
        Committee Meeting dated 14 February 2021 and
        1.   Appoint Cr Stewart as Council’s representative on the SEQ 2032 Legacy Working
             Group;
        2.   Appoint Cr Jurisevic as Council’s representative and Cr Wegener as the proxy for
             the SEQ Waste Working Group;
        3.   Appoint Cr Lorentson as Council’s representative and Cr Finzel as the proxy for
             the SEQ Economic Development Working Group.



    8   FINANCIAL PERFORMANCE REPORT – JANUARY 2022
        That Council note the report by the Financial Services Manager (Acting) to the General
        Committee Meeting dated 14 February 2022 outlining January 2022 year to date financial
        performance against budget, including changes to the financial performance report with
        the inclusion of key financial sustainability indicators.




    9   OPERATIONAL PLAN PROGRESS REPORT – SECOND QUARTER 2021-22
        That Council note the report by the Chief Executive Officer to the Services and
        Organisation Committee Meeting dated 14 February 2022 regarding the 2021-22
        Operational Plan and:
        A.   Note the progress report for the 2021-22 Operational Plan to 31 December 2021
             provided as Attachment 1; and
        B.   Note the status of Council’s Key Performance Indicators provided as Attachment
             2.




                                                                              Page 12 of 33

Section 13

ORDINARY MEETING MINUTES                                                            17 FEBRUARY 2022


    10   MCU21/0013 & OPW21/0031 – PLANNING & ENVIRONMENT
         COURT APPEAL NO. BD2677 OF 2021 – REFUSAL OF AN APPLICATION FOR
         MULTIPLE DWELLING UNITS (19 UNITS), FOOD & DRINK OUTLET, INDOOR
         SPORT & RECREATION, HEALTH CARE SERVICE, OFFICE & OPERATIONAL
         WORKS AT 30-32 DOONELLA ST, TEWANTIN
         In accordance with Chapter 5B of the Local Government Act 2009, Cr Jurisevic provided the
         following declaration to the meeting of a declarable conflict of interest in this matter:
         I, Cr Jurisevic declare I have a declarable conflict of interest in this matter as the matter is a
         planning application for a Doonella St property that is at least in part owned by Chris Wright, as I
         understand it. My family and I have had a close relationship with Chris Wright and his family over
         the years that we have lived in Tewantin. The nature of the relationship stems from my wife
         having worked for Chris’ wife, Kelly and in the same office where Chris’ business is located. Kelly
         was also the Treasurer of the Sunshine Beach State High School P&C during my term as P&C
         President. My wife and I attended Chris and Kelly’s wedding as well as several social gatherings
         at each other’s houses over the years as our children were close friends and attended the same
         playgroup and schools growing up. As a result of my conflict I will leave the meeting room while
         the matter is considered and voted on.
         Cr Jurisevic left the meeting.
         Council Resolution
         Moved:               Cr Wilkie
         Seconded:            Cr Lorentson
         That Council note the report by the Manager Development Assessment to the General
         Committee Meeting dated 8 February 2022 regarding Planning & Environment Court
         Appeal No. BD267 of 2021 and agree to settle the appeal generally in accordance with
         the following conditions:
         MATERIAL CHANGE OF USE - MCU21/0013
         PLANNING
         When Conditions must be Complied With
         1.    Unless otherwise stated, all conditions of this Decision Notice must be complied
               with prior to the use commencing, and then compliance maintained at all times
               while the use continues.
         Approved Plans
         2.    Development undertaken in accordance with this approval must generally comply
               with the approved plans of development. The approved plans are listed in the
               following table unless otherwise amended by these conditions.
          Plan No.     Rev.     Plan/Document Name                                             Date
          SD01         13       Site Plan, prepared by Archicology P/L                         08/07/21
          SD02         12       Ground / Carpark Plan, prepared by Archicology P/L             08/07/21
          SD03         10       Level 1 Plan, prepared by Archicology P/L                      31/05/21
          SD3A         2        LHA-SDA Compliance Plan, prepared by Archicology P/L           14/05/21
          SD04         6        Level 2 Plan, prepared by Archicology P/L                      23/04/21
          SD06         6        Roof Plan, prepared by Archicology P/L                         31/05/21
          SD10         10       Elevations, prepared by Archicology P/L                        08/07/21
          SD11         10       Elevations, prepared by Archicology P/L                        08/07/21
          SD12         7        Sections A, B, prepared by Archicology P/L                     23/04/21
          SD13         7        Sections C, D, prepared by Archicology P/L                     14/05/21
          SD14         10       3D Impression 01, 02, prepared by Archicology P/L              08/07/21
          SD15         9        3D Impression 03, 04, prepared by Archicology P/L              08/07/21
          SD16         6        3D Impression 05, 06, prepared by Archicology P/L              23/04/21
          SD17         6        3D Impression 07, prepared by Archicology P/L                  23/04/21


                                                                                          Page 13 of 33

Section 14

ORDINARY MEETING MINUTES                                                     17 FEBRUARY 2022


        Nature and Extent of Approved Use
        3.    No more than one Food and drink outlet is approved to operate at any one time
              and must be located in one tenancy only as identified on the approved plans of
              development. The Food and drink outlet must only operate between the hours of
              7am and 9pm, 7 days per week.
        4.    Class sizes for the Indoor Recreation use are not to exceed 5 persons at any one
              time between the hours of 9am and 5pm.
        5.    All dwelling units must have a gross floor area of no more than 100m2 pursuant to
              the definition of a ‘small dwelling’ under the Noosa Plan 2020.
        6.    Service vehicle movements associated with non-residential uses on the premises
              (including loading and unloading) must not occur outside the hours of 7am to 6pm
              Monday to Saturday and not at all on Sundays or public holidays. The requirements
              of this condition must be included in the Community Management Statement for
              any body corporate for the subject site.
        Currency Period
        7.    This development approval lapses if the use has not happened by 17 February
              2028, unless an application to extend the currency period is approved by Council.
        Building Height
        8.    The maximum height of the development must not exceed the building height and
              storeys shown on the approved plans.
        9.    Certification must be submitted to Council from a Licensed Surveyor which certifies
              that the buildings do not exceed the maximum height requirement of this Decision
              Notice.
        Performance Bond
        10.   Security in the form of a cash bond or trading bank guarantee to the sum of $30,000
              must be submitted to Council, to secure performance of all conditions of this
              approval, prior to pre-start meeting. The cash bond or trading bank guarantee will
              be returned on performance of the conditions of approval less any costs incurred
              by Council in respect of enforcing performance of this permit. Council reserves the
              right to call upon the bond or guaranteed sum to effect compliance with conditions.
        Built form
        11.   All air conditioning units or other mechanical equipment must be fully enclosed or
              screened such that they are not visible from the street frontages nor adjoining
              properties.
        12.   All deck and balcony areas above ground floor must not be enclosed by permanent
              fixtures such as shutters, louvres, glass panelling or the like, except where required
              to satisfy any privacy condition of this Decision Notice.
        13.   External finishes must be as per the approved plans of development.
        14.   External colours must be muted environmental tones that blend with the natural
              environment.
        15.   The Energex PMT and the Fire hydrant booster must be finished in a colour that
              blends with the natural environment and the development.
        Communal Recreation Areas
        16.   Communal recreation area/s must be provided as shown on the approved plans of
              development.



                                                                                  Page 14 of 33

Section 15

ORDINARY MEETING MINUTES                                                   17 FEBRUARY 2022


        Street Identification
        17.   The street address of the development must be clearly visible and discernible from
              the primary frontage of the site by the provision of a street number and, where
              appropriate, the building name.
        Water & Sewer Connections
        18.   An underground connection to reticulated water and sewerage must be provided
              to the development site in accordance with the standards and requirements of
              Northern SEQ Distributor–Retailer Authority (Unitywater).
        19.   A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
              (Unitywater) must be submitted to Council that certifies an underground connection
              to reticulated water and sewerage has been provided to the development site.
        ENGINEERING
        Site Access and Driveways
        20.   Sealed access driveways must be provided from Doonella Street to all parking and
              manoeuvring areas of the development. The works must be undertaken in
              accordance with the conditions of this Decision Notice and must include in
              particular:
              a.   driveway crossovers generally in accordance with Council’s standard
                   drawing RS-051;
              b.   suitable safety measures, including warning signage, to improve driver
                   awareness of pedestrians and enhance pedestrian safety. Warning signage
                   must be provided near the exit ramp from the parking area to warn motorists
                   of pedestrian movement along the frontage street.
        Car Parking
        21.   Thirty three (33) car parking spaces must be provided and marked on the site and
              made available and accessible at all times. The works must be undertaken in
              accordance with the conditions of this Decision Notice and must include in
              particular:
              a.   for the residential development, a maximum of 20 parking spaces within the
                   total, which are clearly marked for that purpose and accessible at all times;
                   and
              b.   the balance of carparking for the commercial uses; and
              c.   12 motorcycle spaces; and
              d.   disabled parking spaces as shown on the approved plans; and
              e.   dimensions, crossfalls and gradients in accordance with Australian Standard
                   AS2890: Parking Facilities.
        22.   All car parking areas and access driveways must be maintained exclusively for
              vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
        23.   Directional signage must be provided to direct visitors and customers to the car
              parking spaces provided on site.
        Pedestrian and Bicycle Facilities
        24.   Pedestrian and bicycle facilities must be provided for the development. The works
              must be undertaken in accordance with the conditions of this Decision Notice and
              must include in particular:



                                                                                Page 15 of 33

Section 16

ORDINARY MEETING MINUTES                                                    17 FEBRUARY 2022


              a.   a 2 metre wide concrete footpath within the road verge, the same colour as
                   the existing (dark), for the entire length of the site’s frontage to Doonella
                   Street;
              b.   a 2m wide concrete pathway for the full length of the ‘public thoroughfare’
                   easement, along the full length of the easement located along the northern
                   boundary
              c.   pedestrian pathways between the proposed car parking area and the
                   building/s;
              d.   adequate separation of all specific pedestrian routes from vehicle access and
                   manoeuvring areas, and clear demarcation by pavement marking, signposts
                   or changes in surface materials or levels;
              e.   signage and lighting at strategic locations to direct people to building entries
                   and public toilet facilities;
              f.   bicycle parking spaces and lockers as shown on the approved Ground /
                   Carpark Plan (Plan SD02, Iss.12).
        Stormwater Drainage
        25.   The site must be provided with a stormwater drainage system connecting to a
              lawful point of discharge. The works must be undertaken in accordance with the
              conditions of this Decision Notice.
        Services
        26.   Unless otherwise stipulated by telecommunications legislation at the time of
              construction, the development must be provided with all necessary conduits, pits
              and pipes to accommodate the future connection of optic fibre technology
              telecommunications.
        27.   27. Certification must be submitted to Council from all relevant service providers
              (Energex, NBN and Unitywater) which certifies that the development has met the
              requirements of this Decision Notice and all applicable legislation at the time of
              construction.
        Easements
        28.   A 3 metre wide easement for “Public Thoroughfare” must be registered against the
              title of the property in favour of Council. The easement must be located as shown,
              in red, on Drawing No. SD03, titled “Level 1 Plan”, Issue 10, dated 31/05/2021 and
              prepared by Archicology P/L.
        29.   Unless otherwise agreed in writing by the relevant service provider, any public or
              third party infrastructure located on the subject site must be placed within an
              easement registered against the title of the property.
        30.   All easements must be designed in accordance with the planning scheme and
              granted at no cost to the Grantee. Where the Grantee is Council or a service
              authority, the easement documentation must be in accordance with the Grantee’s
              standard easement terms. Draft easement documentation must be submitted to
              Council for endorsement.
        31.   All works must be kept clear of any existing or proposed easements on the subject
              land, unless agreed otherwise in writing by the Grantee.
        Geotechnical Stability
        32.   All works must be carried out generally in accordance with geotechnical
              investigation report 18151-001-Rev0, titled: “Proposed Commercial & Residential
              Development 30-32 Doonella St Tewantin”, dated 22 June 2018 and prepared by
              Tectonic Geotechnical and Environmental Engineers.

                                                                                 Page 16 of 33

Section 17

ORDINARY MEETING MINUTES                                                     17 FEBRUARY 2022


        33.   Certification must be submitted to Council from a qualified person* which certifies
              that the development has been constructed in accordance with the
              recommendations contained in geotechnical investigation report 18151-001-Rev0,
              titled: “Proposed Commercial & Residential Development 30-32 Doonella St
              Tewantin”, dated 22 June 2018 and prepared by Tectonic Geotechnical and
              Environmental Engineers, and that the development has a minimum factor of
              safety against landslip of 1.5 in the long term.
        *(Refer to advisory Note)
        Earthworks and Retaining Walls
        34.   All fill and associated batters must be undertaken in accordance with the conditions
              of this Decision notice, and must be contained entirely within the subject site unless
              written permission from the respective landowner(s) is provided to Council. All
              earthworks must be undertaken in accordance with the provisions of Australian
              Standard AS3798: Guidelines on Earthworks for Commercial and Residential
              Developments.
        35.   Where the development involves excavation or filling over, or adjacent to,
              drainage, water supply or sewerage infrastructure, all access chamber surface
              levels must be adjusted to provide a freeboard of 100mm above the finished
              ground surface level.
        36.   All retaining walls must be designed and constructed in accordance with the
              planning scheme and must be certified by an RPEQ where exceeding 1.0m in
              height. All retaining walls that are publicly accessible and exceed 1.0m in height
              must be fitted with a commercial grade safety fence.
        37.   The retaining wall located to the north of the bio basin (shown on section D of
              A6035/21/D1, E with a TOW of RL8.4) must be amended to not exceed 0.8m above
              the NGL. The area between this retaining wall and the footpath further north can
              either be tiered (retaining walls no greater than 0.8m above NGL) or battered (1:4)
              to the footpath to the north.
        Damage to Services and Assets
        38.   Any damage caused to existing services and assets as a result of the development
              works must be repaired at no cost to the asset owner at the following times:
              a.    where the damage would cause a hazard to pedestrian or vehicle safety,
                    immediately; or
              b.    where otherwise, upon completion of the works associated with the
                    development.
        Any repair work which proposes to alter the alignment or level of existing services and
        assets must first be referred to the relevant service authority for approval.
        Water quality
        39.   The site must be provided with a stormwater drainage system connecting to a
              lawful point of discharge. The works must include in particular:
              a.    Water quality treatment features that achieve the following pollutant
                    reduction targets as measured by a MUSIC model developed in accordance
                    with the Water by Design MUSIC modelling guidelines;
              b.    the use of gravity stormwater drainage and not surcharge pits;
              c.    A stormwater quality treatment system must be provided for the development
                    that achieved 80% reduction in Total Suspended Solids, 60% reduction in
                    Total Phosphorous, 45% reduction in Total Nitrogen compared to an
                    unmitigated scenario. The works must be undertaken in accordance with an

                                                                                  Page 17 of 33

Section 18

ORDINARY MEETING MINUTES                                                   17 FEBRUARY 2022


                   Operational Works approval and the Water by Design Guidelines.
        40.   All stormwater quality treatment devices must be maintained in accordance with
              the Water by Design (2009) - Maintaining Vegetated Stormwater Assets (Version
              1). A copy of this document must be retained on the site together with the approved
              Operational Works drawings for the stormwater quality treatment system and a
              detailed life cycle costing of the system attached as an addendum. Records of all
              maintenance activities undertaken must be kept and made available to Council
              upon request.
        41.   Any proposed Community Management Statement required for the development
              must include the Water by Design (2009) – Maintaining Vegetated Stormwater
              Assets (Version 1) document and must include the full cost of maintaining the
              system in accordance with that document.
        42.   Operating rainwater collection and stormwater harvesting tanks must be provided
              as shown identified in section 6.2 of the Engineering Report & Stormwater
              Management Plan report For Proposed Residential and Commercial Tenancies at
              30-32 Doonella St (A6035/21/ENG/RevB). The tanks must be provided in
              accordance with an Operational Works approval.
        43.   Certification must be submitted to Council from a qualified person* which certifies
              that the rainwater collection tank/s and associated reticulation has/have been
              installed in accordance with the requirements of this Decision Notice.
        *(Refer to Advisory Note)
        Acid Sulfate Soils
        44.   All waters, including stormwater runoff, groundwater seepage and leachate must
              achieve the following quality prior to release from the site at all times:
              a.   a pH range of 6.5-8.5 pH units;
              b.   50mg/L maximum total suspended solids concentration;
              c.   0.3mg/L maximum total iron concentration;
              d.   0.2mg/L maximum total aluminium concentration; and
              e.   no visible plume at either the point of release from the site or within a
                   waterway.
        ENVIRONMENTAL HEALTH
        Waste Storage
        45.   The developer must provide waste storage and disposal facilities in accordance
              with Planning Scheme Policy 9, Waste Management, including an external
              imperviously paved area correctly sized for all refuse and recycling containers and
              suitably screened from public places and neighbouring properties.
        46.   A bin wash area is required with a cold-water tap, hose and drain outlet connected
              to sewer, via a bucket trap. The drain outlet is to be designed to prevent storm
              water entry to the sewerage system which can be achieved by a bunded area, with
              a nib wall height of 100mm maximum, enclosing a wash area of 700mm x 700mm
              minimum (max 0.7m²). Alternatively, the waste area can be roofed, or any other
              appropriate design approved by Council.
        Noise
        47.   Written certification is required from a suitably qualified person confirming that
              sound pressure levels from all mechanical plant and equipment comply with the
              following:
              a.   Air-conditioning and Refrigeration

                                                                                Page 18 of 33

Section 19

ORDINARY MEETING MINUTES                                                  17 FEBRUARY 2022


                        7am to 10pm: Maximum level allowable = background + 5dB(A)
                        10pm to 7am: Maximum level allowable = background + 3dB(A)
              b.   Pumps
                        7am to 7pm: Maximum level allowable = background + 5dB(A)
                        7pm to 10pm: Maximum level allowable = background + 3dB(A)
                        10pm to 7am: No audible noise.
        48.   The certification must be submitted to Council, which certifies that operational
              noise from any fixed plant and equipment complies with the requirements of this
              Decision Notice.
        Kitchen Exhaust (Food and drink outlet)
        49.   Kitchen exhaust points for the Food and drink outlet must be located and operated
              in accordance with Australian Standard AS1668.2-2002 “The use of ventilation and
              air-conditioning in buildings” (specifically Section 5.10 – Air Discharges).
        50.   The development must be constructed with reticulated ducting inside the building
              to transfer kitchen exhaust fumes to a discharge point on the roof.
        51.   Submission of written certification must be provided from a suitably qualified
              person confirming that the kitchen exhaust is constructed, installed and is
              operating in accordance with Australian Standard AS1668.2-2002.
        52.   The assessment and certification is required immediately after installation of the
              equipment and prior to any occupation of the building, and in a format approved by
              Council.
        Outdoor Lighting Devices
        53.   Lighting associated with the use must be designed, sited, installed and tested to
              comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the
              obtrusive effects of outdoor lighting” using a control level of 1.
        54.   Certification must be submitted to Council from a qualified person which certifies
              that all outdoor lighting devices comply with the requirements of this Decision
              Notice at the time of commissioning.
              For the purpose of certifying outdoor lighting devices for the development, a
              qualified person is:
              a.   a Registered Professional Engineer of Queensland;
              b.   an environmental or electrical design consultant with a minimum of 3 years
                   current experience in the field of outdoor lighting.
        LANDSCAPING
        55.   The development site must be landscaped. The works must be undertaken in
              accordance Noosa Plan PSP 2 – Landscaping and generally in accordance with
              the approved Landscaping Plans and in particular:
              a.   A 1m wide garden along the south side of the ‘public thoroughfare’ easement
                   must be provided which includes native species that effectively screen the
                   development and grow to a minimum mature height of 4m.
              b.   Plantings along the eastern side of the bio basin must grow to a minimum
                   height of 3-4m and provide screening to the car parking area.
              c.   Landscaping works to provide a suitable visual screening buffer between the
                   building and the easement with a minimum garden bed width of 800mm.



                                                                               Page 19 of 33

Section 20

ORDINARY MEETING MINUTES                                                    17 FEBRUARY 2022


              d.    The proposed 25 litre pot size feature trees within the front setback (facing
                    Doonella Street) must be replaced with 45 litre pot size plants (the SYZ hem,
                    CUP ana, ELA ret, ACR imp species)
              e.    The existing street trees in the road reserve may be removed. If removed
                    they must be replaced with 4 x ex-ground Delonix regia (poinciana’s) as
                    shown on the approved operational works landscape plans.
        56.   All landscape works must be established and maintained in accordance with the
              approved design for the life of the development, and in a manner that ensures
              healthy, sustained and vigorous plant growth. All plant material must be allowed
              to grow to full form and be refurbished when its life expectancy is reached.
        Signage
        57.   Advertising devices must comply with Council’s signage policy.
        OPERATIONAL WORKS - OPW21/0031
        Approved Plans
        58.   Development undertaken in accordance with this approval must generally comply
              with the approved plans of development. The approved plans are listed in the
              following table unless otherwise amended by these conditions.
     Plan No.         Rev.    Plan/Document Name                                       Date
     SD02             12      Ground / Carpark Plan, prepared by Archicology P/L       08/07/2021
     A6035/21/EW01    F       Earthworks Layout Plan, prepared by Alta Engineering     25/05/2021
     A6035/21/R01     F       Roadworks Layout Plan, prepared by Alta Engineering      25/05/2021
     A6035/21/R03     E       Roadworks Doonella Street – Cross Sections, prepared     25/05/2021
                              by Alta Engineering
     A6035/21/R04     B       Roadworks Setout Plan, prepared by Alta Engineering      25/05/2021
     A6035/21/R08     A       Roadworks Boundary Cross Sections, prepared by Alta      25/05/2021
                              Engineering
     A6035/21/D01     E       Stormwater Layout Plan, prepared by Alta Engineering     25/05/2021
     A6035/21/D02     E       Stormwater Drainage Details, prepared by Alta            25/05/2021
                              Engineering
     A6035/21/D03     B       Stormwater Drainage Setout Plan, prepared by Alta        25/05/2021
                              Engineering
     A6035/21/WQ01    E       Stormwater Treatment Catchment Plan, prepared by Alta    25/05/2021
                              Engineering
     A6035/21/WQ02    E       Stormwater Quality Layout Plan and Notes, prepared by    25/05/2021
                              Alta Engineering
     A6035/21/WQ03    E       Stormwater Quality Bio Basin Calculations and Details,   25/05/2021
                              prepared by Alta Engineering
          CD-001      J       Vegetation Management Plan, prepared by Project Urban    2021.05.28
          CD-002      L       Landscape Plan – In Ground, prepared by Project Urban    2021.05.28
          CD-003      K       Landscape Plan – In Ground, prepared by Project Urban    2021.01.25
          CD-004      I       Landscape Plan – On Podium, prepared by Project Urban    2021.01.25
          CD-005      I       Landscape Plan – Boundary Fences, prepared by Project    2021.01.25
                              Urban
          CD-200      L       Construction Details, prepared by Project Urban          2021.01.25
          CD-201      C       Planting Schedule, prepared by Project Urban             2021.01.28
          CD-202      B       Planting Schedule, prepared by Project Urban             2021.07.07
        CURRENCY PERIOD
        59.   The Currency Period for this development approval lapses if the development has
              not substantially started by 17 February 2024, unless an application to extend the
              currency period is approved by Council.




                                                                                 Page 20 of 33

Section 21

ORDINARY MEETING MINUTES                                                     17 FEBRUARY 2022


        PRIOR TO COMMENCEMENT OF WORKS
        Engineering
        60.   All necessary approvals from external service providers (e.g. Unitywater) and
              external parties on which the development works are proposed have been
              obtained and a copy supplied to Council.
        61.   A condition report of the drainage system must be completed for agreement prior
              to the prestart meeting. The condition report is to include a CCTV inspection of the
              existing pipe and must include at least 50m upstream and downstream of all works.
        62.   A condition report including photographs of the frontage of the site must be
              completed and submitted to council prior to the prestart meeting.
        63.   Certificates demonstrating currency of public liability insurance and works
              insurance covering the works must be submitted to Council prior to the prestart
              meeting.
        64.   Council must be contacted at least 5 working days prior to any works commencing
              to organise a prestart. The contact number to arrange a pre-start meeting is 5329
              6500. The pre-start meeting must include the relevant parties for the following
              aspects of the works:
              a.   Civil engineering works;
              b.   Landscape works;
              c.   Erosion and sediment control works;
              d.   Other relevant parties.
        65.   A Construction Management Plan must be submitted to Council prior to the pre-
              start meeting and must specifically address the following:
              a.   Traffic Management during all aspects of the construct phase including:
                   i.     A Traffic Management Control Plan in accordance with Manual of
                          Uniform Traffic Control Devices (MUTCD) detailing all temporary
                          signage and traffic control measures prior to construction;
                   ii.    Maintenance of safe pedestrian access across the frontage of the site
                          both during daily construction and after daily construction has ceased;
                   iii.   Proposed fencing to the site during the construction phase of the
                          development;
                   iv.    Adequate parking arrangements for construction workers;
                   v.     No queuing of trucks is permitted on residential streets, especially prior
                          to 7.00am. Further parked trucks must have engines turned off.
              b.   Maintenance and protection of water quality and existing drainage lines
                   through the construction site through the implementation of appropriate
                   erosion and sediment control measures;
              c.   Provision for safe pedestrian access across the frontage of the site both
                   during daily construction and after daily construction has ceased;
              d.   Works programme identifying key components of the works and their
                   respective durations;
              e.   Establishment of a communication protocol with the general public, adjoining
                   owners, emergency services and local businesses to advise of agreed
                   construction times, impacts on traffic and services and other relevant issues;



                                                                                  Page 21 of 33

Section 22

ORDINARY MEETING MINUTES                                                     17 FEBRUARY 2022


              f.    Include a post out to the local residents and businesses advising of the
                    proposed development, the expected time frames and the site contact
                    details.
              g.    Include signage in prominent locations on the boundaries of the site advising
                    of the proposed development, the expected time frames and the site contact
                    details;
              h.    identification of complaint management procedures including:
                    i.    contact details for the on-site manager;
                    ii.   dispute resolution procedures;
              i.    For haulage operations involving significant volumes of excavated material
                    being transported off the site: details on the location of external site, the
                    haulage route, type of vehicle to be utilised during excavation operations and
                    frequency of usage. NB any damage to the existing road system as a result
                    of haulage operations must be fully repaired at the applicant’s expense.
        66.   Any changes to the details associated with the supervising RPEQ or Principal
              Contractor during construction, must be notified to council in writing within five
              business days of the change occurring.
        67.   Any conflict between the development and an existing or proposed service must
              be referred to the relevant service authority for determination prior to
              commencement of works.
        DURING CONSTRUCTION
        Engineering
        68.   All works must be supervised by a Registered Professional Engineer of
              Queensland (RPEQ) who is independent of the Developer and Principal
              Contractor, and they must certify that all works conform to the Operational Works
              permit. Where municipal works are involved, such confirmation must be submitted
              for the respective hold points prior to any site inspection by Council Officers.
        69.   All works must be constructed and work procedure undertaken in accordance with:
              a.    The approved plans/documents and conditions detailed in this Decision
                    Notice;
              b.    All relevant Noosa Council Planning Scheme Policies, standard drawings,
                    standard specifications and guidelines;
              c.    The latest version of the Healthy Waterways document “Water Sensitive
                    Urban Design Technical Design Guidelines for South East Queensland” for
                    all water quality devices to be constructed on site.
        Roadworks
        70.   The installation and/or modification of any traffic signs, street signs, line marking
              and Raised Reflective Pavement Markings (RRPMs) must be in accordance with
              the Manual of Uniform Traffic Control Devices (MUTCD). New or relocated
              signage must be installed using the VLok installation system. All new signage must
              be Class 1 retroreflective material in accordance with AS 1906.1, Retroreflective
              materials and devices for road traffic control purposes – Part 1: Retroreflective
              sheeting.
        71.   The developer must notify Council’s Traffic Engineer for any works involving the
              removal or modification of existing council traffic signs and/or parking bays prior to
              such works commencing.



                                                                                  Page 22 of 33

Section 23

ORDINARY MEETING MINUTES                                                   17 FEBRUARY 2022


        Pavement Design and Construction
        72.   Pavement design for privately owned works must be undertaken in accordance
              with the relevant standards. Structural integrity of the driveway and car park areas
              will remain the responsibility of the property owner/developer and must be certified
              by an RPEQ.
        Works within Road Reserve/Reinstatement
        73.   Safe pedestrian access on all streets in the vicinity of the development must be
              maintained at all times. Should footpath/road closures be necessary to carry out
              construction works, Council’s Engineering Officer must be notified prior to the
              proposed closure and all requirements complied with.
        74.   All frontage works must match neatly with existing road and verge/footpath
              features. Additional works beyond the frontage may be required to provide an
              acceptable transition to existing road and verge/footpath profiles.
        75.   Electrical conduits or other services proposed to be installed within existing and
              proposed road reserves under existing sealed carriageways, concrete pathways,
              concrete/sealed driveways or significant vegetation must be installed by boring.
              Trenching is not permitted, unless specifically approved by Council.
        Pathways
        76.   All pathways must be constructed in accordance with the following requirements:
              a.   All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-
                   065;
              b.   Provision must be made for disabled access at all kerb crossings associated
                   with pathways, in accordance with Council's current standards;
              c.   All paths must have a slip resistant surface, with a colour to match the
                   existing (dark);
              d.   Expansion and contraction joints must provide a flush finish. Installation of
                   joints by saw cutting is preferred to ensure a smooth ride for cyclists;
              e.   Pram ramps where required.
              f.   The required work includes any modifications to ensure the footpath finishes
                   flush with all existing service covers and the like, or alternatively these
                   services are raised or altered, so as not to create a pedestrian safety hazard.
        77.   Pathways must:
              a.   terminate in a manner that ensures smooth transition to existing surfaces for
                   public safety;
              b.   be designed and constructed to comply with the Disability Discrimination Act
                   (DDA), Access to Premises Standard, Austroads and relevant sections of
                   AS1428 Design for access and mobility.
        Site Access and Driveways
        78.   Driveway crossovers must be constructed generally in accordance with Council’s
              Standard Drawing RS-051.
        79.   Any existing unnecessary or redundant property accesses must be removed, and
              the kerb, footpath and verge area reinstated to match the existing footpath and/or
              verge treatments. Grassed verge areas to be reinstated must be provided with 100
              mm topsoil and grass seed or turf, and must be maintained by the developer until
              established.



                                                                                 Page 23 of 33

Section 24

ORDINARY MEETING MINUTES                                                    17 FEBRUARY 2022


        80.   The following must be complied with during the construction of the required
              crossover/driveway:
              a.    The driveway surfacing must consist of either an approved hot mixed
                    asphaltic concrete or patterned/plain concrete;
              b.    The driveway must be constructed so as not to concentrate stormwater runoff
                    onto neighbouring properties;
              c.    Where there is an existing pedestrian path, a matching crossfall must be
                    provided for the driveway on the alignment of the path, for the full width of
                    the path;
              d.    The property accesses must be located a minimum of 1m clear of existing
                    power poles, streetlights or other signage. The developer is responsible for
                    any necessary relocation of existing services to provide this clearance and
                    must contact the relevant service authorities and comply with their
                    requirements in relation to these works.
        Earthworks and Retaining Walls
        81.   All earthworks must be undertaken in accordance with the provisions of AS 3798
              Guidelines on Earthworks for Commercial and Residential Development, with
              geotechnical testing undertaken in accordance with Section 8 of the Standard, and
              to a minimum of ‘Level 2’ as defined in Appendix B. Test results as required by AS
              3798, and a certificate of quality and uniformity of fill must be provided by a RPEQ
              and submitted to Council prior to Council undertaking the On-Maintenance
              inspection.
        82.   Fall protection must be provided to retaining walls that are over 1m high.
        83.   Slope and batters are a maximum grade of:
              a.    1 in 6 where in proximity to waterbodies;
              b.    1 in 4 for grassed areas;
              c.    1 in 3 for planted areas;
              d.    1 in 2 for combined structural engineering and planting solutions.
        Stormwater Drainage
        84.   Appropriate scour protection must be provided at the outlet of all stormwater pipes
              including temporary outlets.
        85.   Works associated with this permit must not adversely impact on the existing
              drainage conditions on other properties (e.g. by blocking or interfering with natural
              overland flows).
        86.   Construction of all internal stormwater drainage works must comply with the
              relevant section/s of Australian Standard AS/NZS 3500.3.
        Landscaping
        87.   The development site must be landscaped. The works must be undertaken in
              accordance Noosa Plan PSP 2 – Landscaping and generally in accordance with
              the approved Landscaping Plans and in particular:
              a.    The along the south side of the easement must include native species that
                    effectively screen the development and grow to a minimum mature height of
                    8m.
              b.    Plantings along the eastern side of the bio basin must grow to a minimum
                    height of 4m and provide screening to the car parking area.


                                                                                  Page 24 of 33

Section 25

ORDINARY MEETING MINUTES                                                       17 FEBRUARY 2022


              c.    The proposed 25 litre pot size feature trees within the front setback (facing
                    Doonella Street) must be replaced with 45 litre pot size plants
              d.    The existing street trees in the road reserve may be removed. If removed
                    they must be replaced with 4 x ex-ground Delonix regia (Poinciana’s) 400L
                    trees as shown on the approved landscape plans.
        88.   The finished level of all mulch in garden beds and landscaped medians is to be a
              minimum of 50mm below the level of the adjacent top of kerb. All landscaping is to
              be constructed in accordance with Council’s Planning Scheme Policy PSP2
              Landscaping.
        89.   Suitable root barriers must be installed where proposed trees are adjacent to paths,
              pavement etc in accordance with Council’s Planning Scheme Policy PSP2
              Landscaping.
        Damage to Services and Assets
        90.   Any damage caused to existing services and assets as a result of the development
              works must be repaired at no cost to the asset owner at the following times:
              a.    where the damage would cause a hazard to pedestrian or vehicle safety,
                    immediately; or
              b.    where otherwise, upon completion of the works associated with the
                    development.
              Any repair work which proposes to alter the alignment or level of existing services
              and assets must first be referred to the relevant service authority for approval.
        Erosion & Sediment Control - Works adjacent to High Ecological Significance
        Water
        91.   Prior to the requesting the pre-start meeting the applicant must engage a Certified
              Professional and Erosion Control to prepare and provide to Council scheduling
              plans for the development which demonstrate that construction can be undertaken
              in a manner consistent with Accepted best practice standards and all relevant
              conditions of this approval. * (Refer to Advisory Note).
        92.   The applicant must engage a CPESC, or other suitably trained professional, (i.e.
              who has completed the CPESC training, and has a minimum of 5 years site
              experience supervising Erosion and Sediment Control management) to undertake
              weekly site visits to inspect and certify whether or not required Erosion and
              Sediment controls are properly installed and maintained to achieve the
              requirements on this approval.
        93.   Construction must be managed such that less than 2,500m2 of soil is exposed at
              any time.
        94.   Exposed soil is only permitted between the months of May to October, and all
              catchments with these soils must drain to sediment treatment features to achieve
              50mg/L TSS prior to release of waters from the site. Outside these months the site
              must achieve a C factor of 0.05 at all times.
        95.   A construction hold point with a council delegate and supervising RPEQ must be
              established prior to commencement of cut to fill earthworks for each stage of the
              development. The hold point must be held as soon as reasonably practical and
              prior to the first rain event forecast following initial tree clearing or removal of soil
              stabilising material for each stage. At the hold point inspection, all required
              sediment basins, drains and bunds to divert waters away from disturbed soil or
              soils about to become exposed through cut to fill activities must be installed. All
              areas that will not require earthworks in the imminent cut to fill operation must be
              stabilised to prevent entrainment of sediments into receiving waters.

                                                                                     Page 25 of 33

Section 26

ORDINARY MEETING MINUTES                                                       17 FEBRUARY 2022


        96.   Cut to fill earthworks must not commence until after the Supervising CPESC has
              certified that all installed erosion and sediment controls required by this approval
              are sized in accordance with conditions of the approval and the written acceptance
              of the certification is provided to the supervising RPEQ by Council officers.
        97.   Prescribed Water Contaminants (as defined in Schedule 10 of Environmental
              Protection Regulation 2019) must not be released from the site or to waters within
              the site, or be likely to be released should rainfall occur, unless all reasonable and
              practicable measures are taken to prevent or minimise the release and
              concentration of contamination.
        98.   Sediment and erosion control measures must be in place prior to works
              commencing. If such measures are not in place or are not satisfactory, “on the
              spot” fines may be issued. Such fines can be issued if sediments from the site are
              found to enter or have the potential to enter Council’s stormwater system, natural
              waterways, any downstream stormwater filtration system or adversely impacting
              on other properties. The sediment and erosion control design and measures have
              NOT been approved, it is the site's Supervising Engineer who is responsible for
              ensuring that the sediment and erosion control measures have:
              a.    Been duly designed by an RPEQ or CPESC and constructed in accordance
                    with "best practise" methods;
              b.    Been revised by an RPEQ or CPESC to address the issues raised by
                    changes in the projected construction schedule and/or methods;
              c.    Been revised to address predicted rainfall events, and
              d.    Achieve the desired environmental outcomes.
        99.   Council may request further controls to be installed should the implemented
              measures be found inefficient.
        100. The erosion and sediment control measures must be designed, installed and
             maintained in accordance with the supervising engineer instructions and the
             current best practice standards * (Refer to Advisory Note).
        101. The developer must ensure non-essential exposure of soil is prevented by
             restricting the extent of disturbance and minimising the duration of soil exposure to
             adverse weather conditions and effectively turf, cover or stabilise any disturbed
             area without delay and prior to rainfall occurring.
        102. The developer in conjunction with the engaged CPESC must ensure measures
             installed to divert the upstream water are designed and certified by the supervising
             RPEQ and installed prior to commencement of bulk earthworks.
        103. The developer must ensure sediment does not leave the site or enter onto
             adjoining properties or Council’s drainage system due to surface runoff or on tyres
             of vehicles and/or machinery. It is essential to implement appropriate approved
             erosion and sediment control measures throughout the site during all phases of
             construction including vehicle shakedown pad/grid (or similar) at the access to the
             construction site. Where sediments or other contaminants are deposited on a road,
             they must be removed so as not to enter Council’s drainage system or waterways.
        104. Prior to the completion of the development, all site surfaces must be effectively
             stabilised. For the purpose of this condition, an effectively stabilised surface is
             defined as one that does not, or is not likely to result in visible evidence of soil loss
             caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water
             contamination.




                                                                                    Page 26 of 33

Section 27

ORDINARY MEETING MINUTES                                                     17 FEBRUARY 2022


        Water Sensitive Design
        105. The active filter media of the bioretention device must be 27m². Active filter media
             area is the area of the bioretention basin surface that is not covered by any
             impermeable structure such as a sediment forebay, riser, etc.
        106. During construction and establishment of the bioretention devices, the supervising
             RPEQ must certify forms contained in section 3.15 of the Construction and
             Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by
             Design, 2009). These forms and certification must be submitted to council prior to
             the sealing of the survey plan.
        107. A construction hold point with a council delegate must be established once the
             bioretention device underdrainage pipe work is installed. At the time of inspection,
             a sample of the drainage layer, transition layer, and filtration media materials must
             be stockpiled onsite accompanied by laboratory results that demonstrate that the
             media complies with the specifications contained in the latest version of the
             Guidelines for Soil Filter Media in Bioretention Systems (Facility for Advancing
             Water Biofiltration) and that the minimum hydraulic conductivity of 180mm/hr or as
             specified on the approved engineering plans will be achieved. The drainage layer,
             transition layer, and filtration media materials shall not be installed until the
             catchment draining to the bioretention device has 80% groundcover as determined
             by council’s delegate.
        108. Eighty percent (80%) of the catchment flowing to the bioretention basin must be
             effectively stabilised prior to the construction holdpoint for the Bioretention device.
        109. Prior to the release of the plan of survey, the supervising RPEQ must certify must
             certify that all hardstand areas of the development drain to a bioretention device
             designed and constructed in accordance with all relevant conditions of this
             approval, the Water by Design Bioretention Technical Design Guidelines, relevant
             aspects of the IPWEAQ Standard Drawing WSUD-drawing series and
             Construction and Establishment Guidelines: Swales, Bioretention Systems and
             Wetlands (Water by Design, 2009).
        Bioretention Devices - Landscaping
        110. Landscape plans must include a mixture of at least five of the following species for
             planting in the bioretention basin extended detention surface at a minimum density
             of 8 plants/m2:
              a.    Carex appressa
              b.    Carex fascicularis
              c.    Ficinia nodosa
              d.    Juncus usitatis
              e.    Lomandra longifolia
              f.    Ghania sieberiana
        111. Landscape plans for the areas surrounding the bioretention basin filter media
             footprint must be arranged to minimise shading to the filter media footprint are.
             Suitable plants include the following:
              a.    Cared appressa
              b.    Carex fascicularis
              c.    Ficinia nodosa
              d.    Juncus usitatis
              e.    Lomandra longifolia
              f.    Ghania sieberiana
              g.    Banksia robur
              h.    Dianella brevipendunculata
              i.    Themada triandra

                                                                                  Page 27 of 33

Section 28

ORDINARY MEETING MINUTES                                                     17 FEBRUARY 2022


              j.    Cymbopogan refractus
              k.    Melaleuca thymifolia
        112. Where landscaping/garden beds are proposed adjacent to the bioretention basin,
             or where the basin is located adjacent to naturally forested areas, a 900mm deep
             root barrier must be installed to the interface between the landscape/garden/forest
             area and the bioretention basin to prevent root intrusion to the biobasin
             infrastructure.
        113. Landscaping to the surface of the bioretention basin filter media area must not
             commence until 80% of building work within each contributing catchment is
             complete or after 3 years, whichever occurs first. An uncompleted works bond of
             150% of the value of the planting to the surface of the bioretention basin filter media
             area must be provided to Council prior to the release of the Plan of Survey.
        114. Where required, mulch within the batters of bioretention basins must be installed
             in a manner that it will not escape into receiving stormwater drainage infrastructure
             or water courses.
        Bioretention Devices - Education
        115. The development shall be provided with approved permanent signage that is
             deigned in accordance with Noosa’s Look and Feel document to educate the public
             on the function of the bioretention basin. The wording for the signage for each
             bioretention basin is to include: “BIORETENTION BASIN - This bioretention basin
             reduces the pollution of our waterways by reducing the amount of heavy metals,
             litter, suspended solids, and nutrients discharged to Lake Doonella”.
        FOLLOWING CONSTRUCTION / PRIOR TO THE ON-MAINTENANCE INSPECTION
        Certification
        116. Upon completion of the work a certificate must be issued by an RPEQ certifying
             that the works have been constructed in accordance with the Operational Works
             permit.
        117. A condition report of the drainage system must be completed for agreement prior
             to requesting the works to be accepted On-Maintenance. The condition report is to
             include a CCTV inspection of the existing pipe and must include at least 50m
             upstream and downstream of all works.
        As Constructed Plans and ADAC XML Files (Council)
        118. Prior to acceptance of civil works to become Council assets “On Maintenance”,
             satisfactory “As-Constructed” records must be submitted to Council. The bundle of
             “As Constructed” information must include:
              a.    As-Constructed Engineering Drawings. Data is to be submitted in an
                    electronic drawing file format (.dwg), with all plans clearly endorsed “As-
                    Constructed”, along with the accompanying hardcopies (PDFs of the As-
                    Constructed .dwg drawing files), and;
              b.    ADAC XML Digital File. ADAC File format (ADAC - Asset Design As
                    Constructed) prepared in accordance with industry standards and recorded
                    in “MGA - UTM56 / GDA94” projection.
              c.    Please Note: Further information and advice relating to the as-constructed
                    drawing presentation, as-constructed survey capture and associated
                    guidelines for preparation of a compliant ADAC XML digital file are available
                    on the webpage titled “As-Constructed Guidelines” and accessible at the
                    Noosa Council Website: Planning & Development / Development Tools &
                    Guidelines / As-Constructed Guidelines.
              d.    The “As-Constructed” drawings will require certification by a:

                                                                                  Page 28 of 33

Section 29

ORDINARY MEETING MINUTES                                                      17 FEBRUARY 2022


                      i.    Qualified experienced Civil Engineer (RPEQ) confirming design intent
                            and conformance with applicable standards and specifications, along
                            with the relevant descriptions of assets, services and structures and;
                      ii.   Licensed Surveyor in regard to the cadastral and locational
                            information, levels and applicable survey datum.
               e.     The data must be in accordance with Council’s “Planning Scheme Policy 6 –
                      Engineering Design Standards”, and fully detail the levels for all engineering
                      works including but not limited to the drainage network and structures,
                      finished ground and pavement surface levels.
         On Maintenance
         119. All municipal works must be accepted ‘On Maintenance’ by Council in accordance
              with Council’s relevant Planning Scheme Policy prior to the On-Maintenance
              inspection. To achieve ‘On Maintenance’, the supervising RPEQ must submit to
              Council:
               a.     certification that all works have been undertaken and completed in
                      accordance with the requirements of this Permit;
               b.     as Constructed details in accordance with Council’s Planning Scheme
                      Policy;
               c.     maintenance and operational manuals for all proprietary or site specific
                      devices.
         Off Maintenance
         120. Prior to requesting an Off Maintenance inspection the developer must provide a
              written request for the Off Maintenance inspection.
         121. A re-inspection fee in accordance with Council’s Fees and Charge Register will be
              charged where:
               a.     a Council inspection reveals works do not comply with approval
                      requirements;
               b.     submitted certification    falsely   states   works   comply    with   approval
                      requirements.
                                                                             Carried unanimously.
         Cr Jurisevic returned to the meeting.


    Council Resolution
    Moved:        Cr Wilkie
    Seconded:     Cr Finzel
    That the report of the General Committee dated 14 February 2022 be received and the
    recommendations therein be adopted except where dealt with by separate resolution.
                                                                             Carried unanimously.




                                                                                     Page 29 of 33

Section 30

ORDINARY MEETING MINUTES                                                          17 FEBRUARY 2022


9.    ORDINARY MEETING REPORTS
      Nil.



10.   CLOSED SESSION
      Nil.



11.   PUBLIC QUESTION TIME

      1.     BREE JOHNSON
             Question 1.
             Noosa Councillor Clare Stewart, now the Kin Kin quarry is operational and the only
             access for the quarry trucks to Kin Kin is via McKinnon Drive, this has now become a
             major safety issue as I have found it extremely unsafe as I have now been forced to
             share McKinnon Drive with the quarry trucks to access the disability school of Sunshine
             Butterflies. I, Bree Johnson want to know what you as the Mayor of Noosa are prepared
             to do to make McKinnon Drive safe for people with disabilities and the general public
             now McKinnon Drive is used by the quarry trucks.
             Response by Larry Sengstock, Director Infrastructure Services
             The subject section of McKinnon Drive is not managed by Noosa Council as it comes
             under the control of the Department of Transport and Main Roads (TMR) and is part of
             the major road network where higher traffic volumes and higher speed limits are
             supported. Registered vehicles (including quarry trucks) are permitted to legally drive
             on all roads across Queensland unless a section of road is specifically signed otherwise,
             such as a bridge load limit. Provided these trucks have a current registration they can
             legally travel on McKinnon Drive. All licenced motorists are required to drive to the
             prevailing road conditions and in accordance with Queensland Road Rules. Council will
             refer this enquiry to TMR for their consideration.

             Question 2.
             Noosa Councillors including Councillors Amelia Lorentson and Clare Stewart, what is the
             next step/steps that I, Bree Johnson have to do in terms of having my extension of the
             Lake Cooroibah bike and walking path to Silverwood Drive become a reality to have a
             safer option for the accessing the disability school of Sunshine Butterflies and for a safer
             option for the general residents of Cooroibah who access Tewantin and Noosa Areas
             using their bikes.
             Response by Larry Sengstock, Director Infrastructure Services
             The proposed shared path from Lake Cooroibah to Silverwood Drive was identified within
             the Noosa Cycling and Walking Strategy and Implementation Plan under Project ID
             193B. The project was assessed against a criteria aimed at “getting more people riding
             a bike or walking” and “achieving value for money”. The criteria and scoring system was
             developed in consultation with the Project Reference Group (PRG) and later reviewed
             by the broader community through Council’s Yoursay Community Feedback. The
             proposed shared path from Lake Cooroibah to Silverwood Drive scored within the low
             range when compared to other projects. In order to undertake this project Council would
             need to reallocate resources and funding from other projects which have scored higher
             in the prioritisation process, or increase Capital spend resulting in rate increases.


                                                                                       Page 30 of 33

Section 31

ORDINARY MEETING MINUTES                                                            17 FEBRUARY 2022


           The length of pathway required for this project is 1,673m long and would come at a
           significant cost to Council. Although the pathway would serve as a great link for residents
           of Silverwood Drive and Sunshine Butterflies to Tewantin, it is expected that the project
           would result in less benefit to the community than through the delivery of other higher
           priority projects of shorter length. Council will reassess its priorities to deliver this project
           when more funds become available in the future.




12.   NEXT MEETING

      The next Ordinary Meeting will be held on 17 March 2022 at the Council Chambers, 9 Pelican
      Street, Tewantin commencing at 5pm.




13.   MEETING CLOSURE

      The meeting closed at 5.21pm.




                                                                                          Page 31 of 33

Section 32

ORDINARY MEETING MINUTES   17 FEBRUARY 2022


Attachment 1




                              Page 32 of 33

ORDINARY MEETING MINUTES                                                                        17 FEBRUARY 2022

Attachment 1
  R22, 1234 PA          https ihwwnepetitons natlorint_the_petiion. phe petiion_pathscease_development_o{_treed_fandscape_on_toviambi_s{_noose_heads_snd_adjacen_n_pinarso par
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         5	1	1	1	42	2	421	1936	23	36	0	ye
5	1	1	1	42	3	505	1955	3	7	6	h
5	1	1	1	42	4	709	1955	30	10	7	me
5	1	1	1	42	5	881	1944	4	15	57	i
5	1	1	1	42	6	1167	1934	25	31	47	rh,
5	1	1	1	42	7	1270	1943	60	17	6	es
5	1	1	1	42	8	1351	1931	34	33	15	Ele
5	1	1	1	42	9	1393	1941	48	18	17	ae
5	1	1	1	42	10	1502	1940	20	10	24	ee
5	1	1	1	42	11	1665	1944	19	9	0	aa
5	1	1	1	42	12	1790	1943	20	11	0	FF
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5	1	1	1	43	2	389	1966	25	45	0	M
5	1	1	1	43	3	506	1964	13	43	43	\
5	1	1	1	43	4	587	1972	102	31	37	fee
5	1	1	1	43	5	732	1965	75	27	8	hi
5	1	1	1	43	6	885	1961	20	25	0	sm
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5	1	1	1	43	11	1245	1959	32	37	22	Tay
5	1	1	1	43	12	1306	1961	10	12	31	be
5	1	1	1	43	13	1386	1956	44	20	39	es
5	1	1	1	43	14	1456	1956	14	33	0 £9) fs BPS 8
   We the petitioners express our alarm and emphatic opposition to Noosa Cound plens to cevelop the current treed parkland area along Toulambi St, Noosa Heads, for construcion of accommodation units said to be for
   provision of low cost or subsidised residence units for homeless &/or intended or current employees of hospitality or other businesses in the area
   Specifically this pettion relates te those blocks once designated as #30 & #32 Toulamby St end any part of what might be currently viewed as the teed or forested region known as Pinaroo Part
   We seek to have this petition submitted to the whole of Noosa Council
    We seek to have immediate local consultation on Isoves involved and that all current plars to expedite any actions to clear the land or develop plans for accommadation units within the area described be stopped pending
    proper local consultation aid engegoment in tho affairs of our bocal region
   The peony

                                                                                                      Page 32 of 33

Section 33

ORDINARY MEETING MINUTES   17 FEBRUARY 2022




                              Page 33 of 33

ORDINARY MEETING MINUTES                                                       17 FEBRUARY 2022

                 We the petitioners express our alarm and opposition to Noosa Council plans to develop the current treed parkland area along Toulambi Street
                 Noosa Heads, for construction of accommodation units said to be for provision of low cost or subsidized residence units for homeless and/or
                 intended or current employees of hospitality or other businesses in the area.
                 Specifically this petition relates to those blocks once designated as # 30, & #32 Toulambi Street and any part of what might be currently viewed
                 as the treed or forested region known as Pinaroo Park
                 We seek to have this petition submitted to the whole of Noosa Council.
                 We seek to have immediate local consultation on issues involved and that all current plans to expedite any actions to clear the land or develop
                 plans for accommodation units within the area described, be stopped pending proper local consultation and engagement in the affairs of our
                 local region.
                 This petition is issued and organized by the persons named as #1 & #2 on this petition and can be contacted on numbers or addresses given.

    ®
     @&                                                                                                                                                   |

                                                                                    Page 33 of 33

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