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Delegated Report - Code - Planning OPW24 0196 · OPW24/0196

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  Will Lowe
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                    OPW24/0196

                    Applicant                          Ozcare

                    Proposal                           Operational Works - Landscaping

                    Properly Made Date                 19 November 2024

                    Information Request Date           17 December 2024

                    Information Response Date          24 January 2025

                    Decision Due Date                  03/03/2025

                    Report Reviewed & Finalised By     Mark Lewis


                    PROPERTY DETAILS

                    Property Address                   100 Cooyar St Noosa Heads Qld 4567

                    RP Description                     Lot 9 RP 225312

                    Land Area                          25000.000 m²

                    Existing Use of Land               Aged Care Facility


                    STATUTORY DETAILS

                    SEQRP Designation                  Urban Footprint

                    Zone                               Community Facilities

                    Precinct                           Not applicable

                    Local Plan Area                    Not applicable

                    Overlays                           Acid Sulfate Soils, Biodiversity, Bushfire,

                    Assessment Type                    Code


               1.      PROPOSAL
               The application seeks approval for an Operational Works – Landscaping under the planning
               Scheme.
               The locality and proposal plan are included below.



Document Set ID: 23482010
Version: 3, Version Date: 19/02/2025
Full text of the other 7 pages

Page 2

                                       Figure 1 – Locality




                                       Figure 2 – Site Plan




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Document Set ID: 23482010
Version: 3, Version Date: 19/02/2025

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               2.     APPLICATION BACKGROUND
               The application sets out to address the conditions of the higher order approval
               (132001.210127.04).
               As part of the higher order approval, Council and the applicant entered an Infrastructure Agreement
               for the construction and ongoing maintenance of the existing fire access trail that is currently
               utilised and maintained by the aged care operator.
               Council approved a separate Operational Works application for Drainage Works, Earthworks,
               Roadworks, Stormwater, Clearing Vegetation (OPW24/0125).
               3.     SITE DETAILS
               3.1. Site History
               The subject site has operated as an Aged Care Facility since approximately 2005. The existing
               development approval has been ‘changed’ four (4) times. Following Council’s most recent decision
               to approve a partial redevelopment of the site, additional conditions were imposed to maintain
               continuity across the entirety of the development including rehabilitation and landscaping.
               Site Description
               •      is screened with vegetation from Cooyar Street and adjoining lots;
               •      generally grades to the north-east towards Giraween National Park; and
               •      gains ingress from Cooyar Street.
               3.2. Surrounding Land Uses
               The subject site adjoins an existing parcel of land owned by Council used as a fire access trail.
               Giraween National Park is located to the north and east of the site.




                                                 Figure 3 – Surrounding Land Uses

               In addition to the above, the subject site adjoins the Noosa Court House and Noosa Heads Police
               Station with residential lots on the western side of Cooyar Street.




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Document Set ID: 23482010
Version: 3, Version Date: 19/02/2025

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                                                 Figure 4 – Surrounding Land Uses



               4.     ASSESSMENT
               4.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •      State Planning Policy;
               •      South East Queensland Regional Plan;
               •      Planning Regulation 2017; and
               •      Noosa Plan 2020 (25 September 2020).
               4.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      Landscaping Code
               •      Overlay Code – Biodiversity, waterways and wetlands
               The application has been found to generally comply with all applicable statutory instruments. The
               pertinent issues arising out of the assessment are discussed below:
               Landscape
               All works are internal with no Council assets.
               Fire Trail
               A majority of the eastern and northern aspects are required to be in a low fuel state and as such
               have been turfed.
               Internal landscape
               The application material has included detailed landscape plans over the site in line with the higher
               order approved concept landscape plans.
               Internal frontage landscape



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Document Set ID: 23482010
Version: 3, Version Date: 19/02/2025

Page 5

               Works associated with up graded water infrastructure, generator housing, and rainwater tanks for
               have been identified as areas suitable for revegetation and landscaping post completion of the civil
               construction works. Conditions have been provided to substitute some of the understorey planting
               for further trees and shrubs and the spread the plantings throughout the entire frontage within
               existing cleared areas where historical vegetation failure has occurred.
               Rehabilitation / Offsets
               Conditions requiring the offsetting of tree species has been addressed through the planting of
               additional trees within the Cooyar landscape frontage. Approximately 450 trees and shrubs will be
               planted within this landscaped area.
               5.      CONSULTATION
               5.1. Referral Agencies
               Not Applicable
               5.2. Internal Council Referrals
               Not applicable
               6.      CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The application is therefore recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No OPW24/0196 132001.210127 for a Operational Works -
               Landscaping situated at 100 Cooyar St Noosa Heads Qld 4567 and described as Lot 9 RP 225312,
               it is recommended the application be approved in accordance with the following details for the
               Decision Notice:
               1.      APPLICATION DETAILS

                   Application No:              OPW24/0196

                   Street address:              100 Cooyar St Noosa Heads Qld 4567

                   Real property description:   Lot 9 RP 225312

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for a Operational Works - Landscaping
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

               APPROVED PLANS
               1.      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.



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Document Set ID: 23482010
Version: 3, Version Date: 19/02/2025

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                         Plan No.        Rev.          Plan/Document Name                        Date

                         01737 L-00.01   C             Landscape Cover Sheet, Prepared by 20.11.2024
                                                       View Landscape Architecture

                         01737 L-00.02   C             Landscape Schedule, Prepared by 20.11.2024
                                                       View Landscape Architecture

                         01737 L-01.01   C             Landscape Plan, Prepared by View 20.11.2024
                                                       Landscape Architecture

                         01737 L-01.02   C             Landscape Plan, Prepared by View 20.11.2024
                                                       Landscape Architecture

                         01737 L-01.03   C             Landscape Plan, Prepared by View 20.11.2024
                                                       Landscape Architecture

                         01737 L-01.04   C             Landscape Plan, Prepared by View 20.11.2024
                                                       Landscape Architecture

                         01737 L-02.01   B             Landscape Plan, Prepared by View 20.11.2024
                                                       Landscape Architecture

                         01737 L-02.02   B             Landscape Plan, Prepared by View 20.11.2024
                                                       Landscape Architecture

                         01737 L-03.01   C             Landscape Plan, Prepared by View 20.11.2024
                                                       Landscape Architecture

                         01737 L-03.02   C             Landscape Plan, Prepared by View 20.11.2024
                                                       Landscape Architecture

                      The following plans require amendment.

                         Plan No.          Rev.   Plan/Document Name                            Date

                         01737 L-00.03     A      Landscape      Revegetation    Schedule, 20.12.2024
                                                  prepared by, View Landscape Architecture

                         01737 L-01.05     A      Revegetation Planting Plan, prepared by, 20.10.2024
                                                  View Landscape Architecture

                         Amendments        Provide revised plans that substitute all groundcovers for additional
                                           trees and distributes the plantings along the entire Cooyar frontage.


               CURRENCY PERIOD
               2.     The Currency Period for this development approval lapses if the development has not
                      substantially started by 19 February 2027, unless an application to extend the currency
                      period is approved by Council.




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Document Set ID: 23482010
Version: 3, Version Date: 19/02/2025

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               LANDSCAPE CONDITIONS
                      PRIOR TO COMMENCEMENT OF WORKS
               3.     Prior to commencement of works:
                      a.      Receipt of amended plans must be provided to Council for approval prior to the
                              commencement of works.
                      DURING CONSTRUCTION
                      General
               4.     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.      The relevant conditions of the higher order Material Change of Use approval
                              viz.132001.210127.4 to which this approval relates.
                      c.      The relevant conditions of the Operational Works approval viz. OPW24/0125.
                      d.      All relevant Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines.
                      e.      The latest version of Water Sensitive Urban Design Technical Design Guidelines for
                              South East Queensland (Healthy Waterways) for all water quality devices to be
                              constructed on site.
                      Landscaping Works
               5.     Landscape works must be supervised, undertaken and certified by qualified persons*. All
                      works must be completed in accordance with this Decision Notice.
                      (* Refer to Advisory Note)
               6.     Where damage occurs to any Council asset as a result of the development works, it must be
                      repaired immediately where it creates a hazard that presents risk to person or property. Other
                      damage must be repaired prior to completion of works.
               7.     Landscape works must:
                      a.      Ensure amenity or sales signage and ancillary infrastructure is not installed within the
                              road reserve.
                      b.      Ensure permanent irrigation is not installed within the road reserve.
                      c.      Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of
                              foreign matter including anthropogenic waste, rock, soil/sediment contamination and is
                              applied to all planting areas to ensure a minimum 100mm depth once settled.
               8.     Turfed areas must be free of pest, diseases and weeds and level with adjoining surfaces.
                      FOLLOWING CONSTRUCTION
                      Supervision/Certification
               9.     Prior to commencement of use the following (prepared by respective qualified persons* and
                      certifying compliance with approvals) must be submitted to Council:
                      a.      Landscaping certification confirming all works have been constructed in accordance
                              with conditions of approval.
               5.     REFERENCE DOCUMENTS

               Not applicable.
               6.     REFERRAL AGENCIES

               Not applicable.


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Document Set ID: 23482010
Version: 3, Version Date: 19/02/2025

Page 8

               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Qualified Person
               1.     Qualified Person, for the purpose of:
                      a.      Supervising landscape works and preparing a landscape certification, is considered to
                              be a landscape architect, landscape designer or horticulturist with a minimum of three
                              years current experience in the field of landscape design.
                      b.      Undertaking landscape construction and establishment works is considered to be a
                              person with five years current experience in commercial landscape construction
                              projects.
               8.     PROPERTY NOTES

               Not applicable.
               9.     VARIATION APPROVAL DETAILS

               Not applicable.
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

               Not applicable.
               11.    SUBMISSIONS

               Not applicable.
               12.    RIGHTS OF APPEAL

               You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
               Planning Act 2016 is attached.
               During the appeal period, you as the applicant may suspend your appeal period and make written
               representations to Council about the conditions contained within the development approval. If
               Council agrees or agrees in part with the representations, a negotiated decision notice will be
               issued. Only one negotiated decision notice may be given.
               13.    OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available online at
               www.noosa.qld.gov.au or at Council Offices.




                                                                                                        Page 8 of 8

Document Set ID: 23482010
Version: 3, Version Date: 19/02/2025

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