Original source · versioned page text
2018-06-12 Planning & Environment Committee Agenda
Very large file: it may take a few minutes
The original of this document is very large (11.4 MB). Opening the original or downloading it may take a few minutes. Please be patient and don't click again. The page text is quick to read. If you are on mobile data, it is best to wait until you are on Wi-Fi.
Text sections have not been matched to the original PDF pages. Use the original document to check page numbers.
AGENDA
Planning & Environment
Committee Meeting
Tuesday, 12 June 2018
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson, Tony Wellington
“Noosa Shire – different by nature”
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalLog in to download the original file
Very large file: the download may take a few minutes. If you are on mobile data, it is best to wait until you are on Wi-Fi.
Searchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of sections 2 to 84 (of 97)
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 NOOSA BIOSPHERE RESERVE FOUNDATION - PROPOSED FUNDING DEED 3
2 MCU18/0040 - DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE
FOR ENTERTAINMENT AND DINING BUSINESS TYPE 1 FOOD AND
BEVERAGE AT THE BEACH CHALETS 11/1 TINGIRA CRES, SUNRISE BEACH 31
3 MCU17/0551 - APPLICATION FOR MATERIAL CHANGE OF USE FOR MULTIPLE
HOUSING TYPE 3 - RETIREMENT OR SPECIAL NEEDS (PALM LAKE RESORT -
STAGE 6) LOCATED AT 20 TRADING POST ROAD, COOROY 39
4 MCU18/0004 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF
USE FOR ENTERTAINMENT & DINING BUSINESS - TYPE 1 (FOOD &
BEVERAGE) AT 56 MAIN STREET, KIN KIN 57
5 132003.221152.7 PRE-REQUEST TO CHANGE AN EXISTING APPROVAL FOR
MATERIAL CHANGE OF USE FOR A DWELLING AT 12 PARK ROAD, NOOSA
HEADS 72
6 MCU16/0144 - REPRESENTATIONS TO CONDITIONS - DEVELOPMENT PERMIT
FOR MATERIAL CHANGE OF USE OF PREMISES RETAIL BUSINESS TYPE 2
SHOP AND SALON AT 1 KINGSGATE DRIVE, TINBEERWAH 84
7 RAL17/0504 PLANNING & ENVIRONMENT COURT APPEAL NO D61 OF 2018
REFUSAL OF APPLICATION TO RECONFIGURE A LOT (1 INTO 4 LOTS) AT 135
LAKE WEBYA DRIVE, NOOSAVILLE 89
8 PLANNING & ENVIRONMENT APPEAL NO. 1302 OF 2018 REGARDING
ENFORCEMENT NOTICE - 105 RESORT DRIVE, NOOSA HEADS 92
CLOSED SESSION -
Page 2 of 97
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 NOOSA BIOSPHERE RESERVE FOUNDATION - PROPOSED FUNDING DEED
DOCUMENT INFORM AT ION
Author Chief Executive Officer, Brett de Chastel
CEO’s Office
Index ECM/ Subject / Noosa Biosphere Reserve Foundation Management;
Subject/ Council Buildings & Leases / Application/Lease Ref # Cle15/0001
Property / 145676
Attachments 1. Draft Funding Deed
2. Summary of NBRF Projects
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Chief Executive Officer to the Planning & Environment
Committee Meeting dated 12 June 2018 and:
A. Agree to enter into a 3-year Funding Deed with the Noosa Biosphere Reserve Foundation
(the Foundation) as set out in Attachment 1 to the report;
B. Authorise the Chief Executive Officer to make any minor alterations to the Funding Deed,
as may be necessary, and enter into the Funding Deed with the Foundation;
C. Offer the Foundation the remaining 3-year lease option to continue the use of the Council
premises at 52 Doonella Street, Tewantin subject to the existing lease conditions and
continuation of the informal arrangements for use of the premises by other community
groups.
REPORT
The purpose of this report is to:
1. Propose a new three (3) year funding deed with the Noosa Biosphere Reserve Foundation
(the Foundation); and
2. Offer the Foundation the option for continuation of the lease for a further three (3) years for
use of Council premises at 52 Doonella Street, Tewantin.
The proposed new funding deed is provided as Attachment 1.
Background
Following a review of the existing governance model and a series of public consultations during
2014, Council established the Noosa Biosphere Reserve Foundation (the Foundation) and the
Noosa Biosphere Reserve Trust (the Trust) with the arrangements registered in February 2015.
The Foundation is managed by an independent board of volunteers with Council entitled to one
representative on the Board. Councillor Wilkie is our current Council representative on the
Board.
Page 3 of 97
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
The Foundation is a registered charity with the Australian Charities and Not-for-profits
Commission and is endorsed by the Australian Tax Office for tax concessions including GST,
income tax and fringe benefit tax rebate.
The Trust and its public fund were entered onto the Commonwealth Register of Environmental
Organisations as of 27 April 2016 which was necessary to achieve Deductible Gift Recipient
(DGR) status. DGR status provides a tax deduction for donors who donate to registered
charitable organisations.
It was considered by the Council that a model independent from the direct control of Council and
with DGR status would be able to better attract funding partners such as educational
establishments, philanthropic organisations and individuals to contribute to relevant projects. It
could also attract direct donations.
As part of the establishment of the Trust and Foundation in 2015, Council agreed to provide
funding support to the Foundation over a three (3) year period from 1 July 2015 with the Funding
Deed specifying that Council would consider future funding arrangements at the end of the initial
3-year term. The original Funding Deed expires on 30 June 2018.
The intent was that the Foundation should, in time, become less reliant on Council funding by
attracting tax deductible donations in addition to attracting funding contributors for projects.
However, fund raising in the not for profit sector is notoriously difficult even with tax deductibility
and the Foundation has not been able to undertake a high level of focus on this aspect due to a
range of factors including the significant task of establishing a new organisation (organisational
structure, policies, strategies etc). Their main priorities have been to establish a grants program,
have oversight of the many worthwhile projects that they have been able to foster, and to assist
in the drafting of the periodic review report to UNESCO.
1. Funding Deed 2015-2018
The current Funding Deed provides specific funding for operational expenses and project funding
during year 1 of the deed with funding over the remaining years subject to negotiation. Each year
the Foundation has submitted a budget request for consideration as part of Council’s annual
budget deliberations.
A summary of the budget provision and total payments made to the Foundation over the 3-year
term of the deed is provided below together with explanatory notes. The contribution for
operational expenses and a one-off grant for economic purposes (in 2015/16) have been funded
from general rates and grant program funds have been funded through the Environment Levy.
FY Original Budget Actuals paid to Actuals paid to Additional Total paid to
Allocation NBRF NBRF funding paid to NBRF
$ (Operational) (Grant Program) NBRF (multi-year $
$ $ projects)
$
2014/15 40,000 40,000 0 0 40,000
2015/16 470,000 140,000 330,000 360,000 830,000
2016/17 390,000 70,000 250,000 0 320,000
2017/18 390,000 140,000 250,000 0 390,000
Totals: 390,000 830,000 360,000 $1,580,000
Notes:
1. Amounts exclude GST where applicable. Where funds are contributed for a specific purpose the
payments attract GST whereas any untied contribution towards the grants program is GST exempt.
2. The 2014/15 funding was an initial payment for start-up operational expenses. In practice, although
budgeted in 2014/15 this was carried over and paid in July 2015 as Doonella House was not ready for
occupation.
Page 4 of 97
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
3. The additional multi-year project funding of $360,000 in 2015/16 was approved by Council at its
meeting on 17 December 2015. This amount attracted GST as it was a grant tied to specific purposes.
4. In 2016/17 NBRF indicated that they did not require the full $140,000 budget for operational expenses
and provided invoices requesting $70,000 only.
5. In the CEO’s report to Council dated 6 February 2018, it was indicated that the Foundation did not
intend to request payment of $250,000 in project funding for the 2017/18 financial year as they were
committed to their current round of grant projects. However, this amount has now been drawn down at
NBRF’s request in accordance with the terms of the current funding agreement and Council’s 2017/18
adopted budget.
2. Funding outcomes
Attachment 2 provides a short summary of funded projects, the proponents, total value including
and status of each project.
This Foundation has approved a total of 13 projects at a total value of $2,775,016 with an
investment by Council of Environment Levy funds totalling $919,916. The model of using a
public Trust has been successful in attracting a variety of project partners with Council grant
funding leveraged by a factor of 3:1 (total project value compared to value of Council’s grant
program funding).
3. Performance
Aside from the Funding Deed, the Foundation has faced challenges associated with turnover in
its board composition, community perceptions about the governance model and the need for
transparency of its operations given the level of ratepayer funding being provided to the
Foundation.
Communications between the Foundation and Council include regular informal updates provided
to Councillors in addition to the formal reports required under the current Funding Deed.
It is also important to note that NBRF is required to meet the purposes of the trust that was
established by the Council. In doing so, this enables them to retain DGR status.
4. Proposed funding deed 2018-2021
It is proposed that Council enter into a further three-year Funding Deed based on continued
funding of operational expenses up of $140,000 for year 1 of the deed with consideration of any
future operational funding being conditional on their response to a Noosa Council request to
undertake governance reform (see reference to Clause 6 below) and subject to annual
negotiation (as is the case with the current Funding Deed).
Key changes proposed in the proposed draft deed compared to the 2015 – 2018 funding deed
include:
a) Project funding is identified during Year 1 of the deed only with an amount of $125,000
quarantined from the Environment Levy for applications for project funding put forward by
the Foundation. The Foundation may apply for a greater amount but it is up to Council as to
whether it approves that funding based on the suitability of proposed projects, alignment
with the Trust purposes and Council’s strategic aims for the Noosa Shire environment.
b) Council will have the final decision in relation to Council grant funding as it will determine
whether to approve projects and associated Council grant funding as opposed to the
current model of grant funding being provided direct to the Foundation who currently
determine which projects receive funding from that Council grant.
c) Funding for projects over the remaining 2 years of the deed is subject to Council’s grants
process (i.e. no guarantee of any project grants for NBRF with funding being allocated by
Council based on the merits of projects put forward). NBRF is being encouraged to focus
more on their fundraising role.
Page 5 of 97
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
d) Clause 6 – Funding Conditions proposed:
More detailed requirements in terms of the Foundation providing a Strategic Plan and
Operational Plan;
The Foundation is to provide details of changes they are instituting to improve its
governance model, transparency around its operations, reporting to the community
as well as fund-raising effectiveness. Future operational funding is dependent on this
element; and
The NBRF Annual Report and audited financial statements be bought forward to no
later than 30 November or 30 days after their Annual General Meeting (whichever is
the sooner). This is to overcome the current situation where the Annual Report &
Audited Financial Statements are not received until 6 months or more after financial
year end.
e) Performance indicators are incorporated into the deed – refer Schedule 1.
5. Council’s role in the Noosa Biosphere Reserve
While this report is primarily focused on the next funding deed, it is also important to note that the
intent behind the changes to the funding deed is that the Council will take a more primary role in
the overall direction of the Noosa Biosphere Reserve.
The reason for this is quite simple. It is the Council as the local authority that has the most
significant impact on the range of issues that affect Noosa Biosphere Reserve (examples include
Council’s planning scheme, environmental policies, social strategy etc). Our Council can
incorporate the Man in the Biosphere goals into its own policies and actions. Our Council will
also work in collaboration with the Foundation and other stakeholders to meet our Biosphere
obligations (such as the 10-year renewal) and planning for future management of the Biosphere.
The role of NBRF will focus on raising funds, proposing projects that will advance the objectives
of the Biosphere and acting as an expert panel on Biosphere issues.
6. Lease of 52 Doonella Street, Tewantin
By resolution dated 12 March 2015, Council agreed to enter into a lease by the Foundation of
Council owned premises at 52 Doonella Street, Tewantin. The lease term is for 3 years with a 1
x 3-year option. The first term of 3 years concludes on 30 June 2018.
It is proposed to offer the Foundation the option to extend the lease for a further 3 years under
the existing terms and on the basis that they may continue any existing informal arrangements
for use of the premises by other community groups (e.g. Noosa Integrated Catchment
Association currently use part of the building).
Previous Council Consideration
Ordinary Meeting, 7 May 2015, Page 12, Item 4
That Council note the report by the Executive Officer to the Planning & Organisation Committee
Meeting dated 28 April 2015 and:
A. Agree to the revisions made to the draft funding deed between Council and the Noosa
Biosphere Foundation Ltd as detailed in Attachment 1 to the report; and
B. Authorise the Chief Executive Officer to amend Clause 4 – Payments to provide for the
project funding under Clauses 4.1 B ii) and iii) to be paid after 30 June 2015 and to finalise
the arrangements.
Page 6 of 97
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Ordinary Meeting, 12 March 2015, Page 10, Item 3
That Council note the report by the Executive Officer to the Planning & Organisation Committee
Meeting dated 3 March 2015 and the further report to the General Committee Meeting dated 9
March 2015 and:
A. Agree to enter into a funding deed with the Noosa Biosphere Reserve Foundation Ltd as
provided in Attachment 1 to the report to Planning & Organisation Committee dated 3
March 2015 with the following changes:
1. Clause 4.1 Payments
Amend clause 4.1 b) ii) to read “$250,000 (excluding GST) – payable to the NBRF
Public Trust from the Environment Levy for projects that conserve and/or improve
biodiversity in the Noosa Shire and have tangible and measurable outcomes”.
Amend clause 4.1 b) iii) to read “$80,000 (excluding GST) – payable to the NBRF
Public Trust for economic projects consistent with the purposes of the Trust.
2. Clause 6.2 Repayment of Funding
Amend as outlined in the further report to General Committee dated 9 March 2015.
B. Authorise the Chief Executive Officer to make minor alterations to the Deed, as may be
necessary, and enter into a formal agreement with the Foundation;
C. Agree in principle to a one-off contribution of $10,000 being for the establishment and initial
operating costs of a community based incorporated association that is aligned with the
purposes of the Noosa Biosphere Reserve Trust, subject to no membership fees being
charged until after the second annual general meeting;
D. Apply the exception to the requirement for tendering under Section 236(1)(b)(ii) of the Local
Government Regulation 2012 for the occupancy of part of Council owned premises located
on Lot 1, RP96529 at 52 Doonella Street, Tewantin as the proposed lease is to a not for
profit community organisation; and
E. Authorise the Chief Executive Officer to enter into negotiations with the Noosa Biosphere
Reserve Foundation Ltd and finalise a lease for part of Council owned premises located on
Lot 1, RP96529 at 52 Doonella Street, Tewantin, for a period of 3 years, with a 3 year
option.
Finance
Since the Noosa Biosphere Reserve designation in 2007, both Sunshine Coast and Noosa
Council have provided funding to support activities aligned with the purposes of the UNESCO
Man and the Biosphere program. Sunshine Coast Council allocated specific program funding as
well as providing a full time project support officer, technical management (60-70% of a role),
provided the Company Secretary role for the former company, paid for audit costs and some
additional administrative assistance as required. Noosa Council moved to the NBR Public Trust
arrangement in 2015 and continued to fund the program.
In the first year of funding under the new arrangement, provision is made for $140,000 for
operational expenses which is the same level as the previous deed, and a reduced amount for
project funding from $250,000 to $125,000 funded from the Environment Levy. Operational
expenses in years 2 & 3 of the deed will be subject to negotiation and having regard to Council’s
overall budgetary position and of course, subject to Council being satisfied in relation to NBRF
governance reform. Savings from reduced project grant funding from the Environment Levy will
be reinvested into initiatives aligned with Council’s Environment Levy Policy.
The draft 2018/19 budget includes the funding proposed under the new arrangement.
Page 7 of 97
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Risks & Opportunities
The proposed new funding arrangement ensures that any funded projects are approved by
Council and thereby removes the risk of the NBRF undertaking any projects that may not be
aligned with Council’s overall strategic direction.
Consultation
External Consultation - Community & Stakeholder
Noosa Biosphere Reserve Foundation Chairperson and Deputy Chairperson. While the general
principles of the proposed funding deed have been discussed with NBRF, until the final format of
the proposed deed is adopted by Council, no negotiations have been undertaken with NBRF
regarding the detailed wording, hence recommendation B in the report.
Internal Consultation
A series of workshops have been held with Councillors regarding the proposed funding deed.
Feedback was also sought from key staff regarding the benefit of projects undertaken to date
with funding provided to NBRF by Council via the existing funding deed. Details of that feedback
are below.
Environmental Services advise that the NBRF grants program funded projects related to koalas,
Bring Back the Fish and Keep It in Kin Kin are providing useful scientific data towards Council’s
strategic objectives in these areas.
The data collected from the research by USC into the distribution and health of Noosa’s koalas,
through scat detection and DNA analysis, has been used to develop Koala Habitat Maps for the
new Noosa Plan and to help inform Council’s operational works programs. It is anticipated that
further research being funded from the current round of NBRF grants will target specific areas
such as Yurol-Ringtail State Forest. The gathering of data and information in this area will
provide a baseline on current koala populations and help to determine the effectiveness of this
significant koala habitat recovery project.
The partnerships formed and research undertaken which led to the NBRF grant funded Bring
Back the Fish project provided relevant science-based research about the Noosa River fisheries
and options for the restoration of lost oyster reef habitats to improve fisheries.
The NBRF grant funded Keep it in Kin Kin project enabled Noosa and District Landcare to
undertake a LIDAR study to identify the degree of soil loss in the Kin Kin sub-catchment. This
research, combined with a Council commissioned ‘condition assessment’ of all waterways in
Noosa, provided relevant, science-based research about landslips, erosion hotspots and where
to target investment to repair degraded waterways and wetlands.
Both Bring Back the Fish and Keep it in Kin Kin are highlighted as key partner projects in the
draft Noosa River Plan. The project outcomes will assist Council to continue to advocate as a
key stakeholder in the State’s sustainable fisheries management reforms for the Noosa region
and help reduce sediment inputs to Lake Cootharaba, improve water quality, habitat and health
throughout the river system.
Page 8 of 97
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Departments/Sections Consulted:
X Chief Executive Officer Community Services X Corporate Services
X Executive Officer Director x Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws x Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director X Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 9 of 97
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Page 10 of 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
: wR Aid
Funding Deed
NOOSA SHIRE CQUNCIL
NOOSA‘BIOSPHERBE,RESERVE
FOUNDATION LTDias trustees for the
NOOSA BIOSPHERE RESERVE TRUST
Page 10 of 97Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
T
AF
R
D
Page 11 of 97
00 N
rr o
=) =
N °
Ww -
za r
=> rr Oo WO WHO MO O OO Oo onrererRe DW DWH HD ODO DO ODO TT TT TFT TT TNNNNNN DO OM ODO YM OY oO
PoP ob bE EE dE Ebb be bE ob EE EO EO EO ub ub uEOUdEOU ub UE UE UE UdEOUuEOU UE EUG ob: ©
= a Oo.
< a
Q a ES
= ly SS = \OY =
Lu RE
oO Poo bb EOE EOP Pb EON SE gb PE PEE EE EE EOP bo dE ob ob ob ob:
< A
9 a a
z= a
KE a DT
Lu PoP ob EOE bE bo EOE bE UE UE BEN EE EO EZ EE EE:
Lu Po obo ior bo Eo? bod boi fo to:piiwl Me | SMP cps 5 ft tf EOE i bE
= Po obo Po PoP bob ob boi ot fo i op 2 Me quer : Me fib PE PR fob bob:
ud EQ: bob ob bob obo: io: bop S/R ft te BEG:
- PEDO GF EY BoP Eb bo bob Pb PENSE Bb Eee bik iB PD bb Eo:
Ee Pot Zo oto ot @ F&F i bobo bobo bobo otse FO G@ ft ft ot to ut Be EY SP ot obo:
= Poi WM fo: BB : bo bo: to ft botO iuaii £ oe gt: ti: ge E B ee
= = Ao
= i bbe EP i rif: i> BiB kw ES wees ge Pe ig
4 4
5 1 1 3 1 3 931 1518 30 3 43 OD
5 1 1 3 1 4 1026 1511 4 4 23 5
5 1 1 3 1 5 1207 1512 29 4 68 —
5 1 1 3 1 6 1302 1499 9 24 42 «=
5 1 1 3 1 7 1363 1499 6 24 22 «=
5 1 1 3 1 8 1578 1511 3 4 56 .
5 1 1 3 1 9 1853 1512 3 5 41 :
5 1 1 3 1 10 1922 1512 3 4 67 «
5 1 1 3 1 11 1991 1511 72 5 18 “a=
5 1 1 3 1 12 2090 1499 39 25 6 -:
5 1 1 3 1 13 2397 1499 9 29 1 Oo
5 1 1 3 1 14 2680 1511 3 4 0 »
5 1 1 3 1 15 2749 1512 4 4 43 +
5 1 1 3 1 16 2792 1512 98 14 58 OW:
4 1 1 3 2 0 163 1501 2727 73 -1
5 1 1 3 2 1 163 1501 19 73 25 oO
5 1 1 3 2 2 475 1517 142 49 10 Pie
5 1 1 3 2 3 681 1522 4 28 0 §
5 1 1 3 2 4 750 1499 172 74 21 oF
5 1 1 3 2 5 931 1522 168 36 61 Bio
5 1 1 3 2 6 1145 1518 91 40 41 PG
5 1 1 3 2 7 1302 1499 279 74 32 isres,
5 1 1 3 2 8 1620 1505 99 55 47 cS
5 1 1 3 2 9 1766 1519 22 20 47 8
5 1 1 3 2 10 1853 1503 1037 65 6 FeoywesteEas
5 1 1 3 2 11 2518 1499 149 74 39 ese
5 1 1 3 2 12 2697 1499 198 74 42 if:
3 1 1 4 0 0 155 1546 2735 366 -1
4 1 1 4 1 0 475 1546 2415 56 -1
5 1 1 4 1 1 475 1546 71 56 28 io}
5 1 1 4 1 2 681 1544 142 57 58 Pope
5 1 1 4 1 3 870 1544 366 57 0 OFSMOFTEZ
5 1 1 4 1 4 1302 1558 4 27 24 :
5 1 1 4 1 5 1344 1551 99 23 73 FU
5 1 1 4 1 6 1491 1564 90 26 53 DY
5 1 1 4 1 7 1628 1561 91 23 26 Do
5 1 1 4 1 8 1759 1544 97 57 26 Zw:
5 1 1 4 1 9 1922 1557 3 27 13 §
5 1 1 4 1 10 1991 1544 12 57 19 Gg
5 1 1 4 1 11 2040 1557 92 27 48 OE
5 1 1 4 1 12 2172 1548 98 31 55 Fo
5 1 1 4 1 13 2320 1544 433 57 4 lLFsxXYoun:
5 1 1 4 1 14 2790 1544 30 57 35 BS
5 1 1 4 1 15 2833 1544 48 57 63 :
4 1 1 4 2 0 155 1568 2735 50 -1
5 1 1 4 2 1 155 1573 34 27 41 E
5 1 1 4 2 2 543 1564 35 67 7 i
5 1 1 4 2 3 587 1564 99 67 0 6wn
5 1 1 4 2 4 755 1583 137 35 0 Oe
5 1 1 4 2 5 931 1572 236 44 0 F225
5 1 1 4 2 6 1207 1580 30 24 0 5
5 1 1 4 2 7 1308 1578 135 29 4 BG
5 1 1 4 2 8 1492 1564 89 67 0 SPR
5 1 1 4 2 9 1626 1564 102 67 0 SCHR
5 1 1 4 2 10 1759 1575 97 33 0 SY
5 1 1 4 2 11 1904 1573 159 42 0 SBE
5 1 1 4 2 12 2103 1568 787 50 0 srnsaeerOERZH
5 1 1 4 2 13 2709 1564 186 67 25 iB:
4 1 1 4 3 0 129 1596 2761 92 -1
5 1 1 4 3 1 129 1600 59 88 45 ii
5 1 1 4 3 2 497 1596 188 47 43 FER
5 1 1 4 3 3 750 1603 73 40 18 Pe
5 1 1 4 3 4 863 1608 168 39 0 SRO
5 1 1 4 3 5 1077 1606 22 29 0 F
5 1 1 4 3 6 1145 1608 91 29 52 Be
5 1 1 4 3 7 1353 1592 435 79 4 SEQORAZRTS
5 1 1 4 3 8 1853 1610 349 41 50 NESSES
5 1 1 4 3 9 2241 1592 236 79 0 cpomes
5 1 1 4 3 10 2531 1592 21 79 20 72
5 1 1 4 3 11 2584 1602 31 36 5 e
5 1 1 4 3 12 2661 1612 22 39 66 8
5 1 1 4 3 13 2749 1609 141 35 54 is.
4 1 1 4 4 0 161 1632 2729 63 -1
5 1 1 4 4 1 161 1632 16 61 44 Ww
5 1 1 4 4 2 475 1639 142 39 0 PPR
5 1 1 4 4 3 655 1642 168 36 0 Oia
5 1 1 4 4 4 870 1633 361 62 17 SHEELLUH
5 1 1 4 4 5 1283 1637 160 43 62 FEF
5 1 1 4 4 6 1490 1633 98 62 21 Cec
5 1 1 4 4 7 1628 1633 160 62 0 ocER
5 1 1 4 4 8 1824 1633 17 62 55 SY
5 1 1 4 4 9 1972 1634 91 60 8 o40
5 1 1 4 4 10 2111 1639 21 18 71 5
5 1 1 4 4 11 2172 1634 98 60 13 L@E
5 1 1 4 4 12 2316 1634 87 60 31 S83
5 1 1 4 4 13 2418 1634 59 60 33 ic
5 1 1 4 4 14 2585 1639 29 28 19 2
5 1 1 4 4 15 2666 1632 15 60 19 Oo
5 1 1 4 4 16 2749 1649 141 28 47 ig
5 1 1 4 4 17 2841 1632 50 60 34 :
4 1 1 4 5 0 155 1652 2735 68 -1
5 1 1 4 5 1 155 1667 34 33 92 =
5 1 1 4 5 2 475 1662 210 54 20 PSM
5 1 1 4 5 3 750 1671 73 32 23 ie
5 1 1 4 5 4 870 1673 22 41 23 a
5 1 1 4 5 5 938 1661 161 51 0 BRS
5 1 1 4 5 6 1151 1652 578 68 0 GZ,OLfS™ESEEEL
5 1 1 4 5 7 1774 1652 18 68 57 OS
5 1 1 4 5 8 1853 1656 210 56 0 PKC
5 1 1 4 5 9 2103 1661 29 39 0 S
5 1 1 4 5 10 2172 1680 98 35 0 me
5 1 1 4 5 11 2317 1652 366 68 0 >FOHGSoCs
5 1 1 4 5 12 2749 1684 4 4 60 '
5 1 1 4 5 13 2792 1681 98 27 19 2:
4 1 1 4 6 0 158 1693 2732 45 -1
5 1 1 4 6 1 158 1695 22 43 37 z2
5 1 1 4 6 2 475 1707 71 28 21 Dt
5 1 1 4 6 3 661 1695 23 43 0 RR
5 1 1 4 6 4 750 1707 4 27 89 :
5 1 1 4 6 5 801 1695 30 43 26 oo
5 1 1 4 6 6 869 1719 23 4 40 £&
5 1 1 4 6 7 1090 1695 12 43 26 ZT
5 1 1 4 6 8 1145 1709 22 19 83 6
5 1 1 4 6 9 1286 1694 22 43 36 So
5 1 1 4 6 10 1350 1694 23 43 57 we
5 1 1 4 6 11 1414 1704 29 20 0 4
5 1 1 4 6 12 1620 1701 99 31 51 fg
5 1 1 4 6 13 1853 1708 3 26 70 :
5 1 1 4 6 14 1912 1693 12 45 7 go
5 1 1 4 6 15 1965 1693 23 45 49 Oo
5 1 1 4 6 16 2103 1702 9 4 0 Q
5 1 1 4 6 17 2242 1695 32 43 19 ~~
5 1 1 4 6 18 2316 1695 12 43 0 oF
5 1 1 4 6 19 2448 1698 29 19 48 =
5 1 1 4 6 20 2585 1693 169 45 1 Yoe®
5 1 1 4 6 21 2799 1693 86 45 41 ei:
4 1 1 4 7 0 155 1711 2735 72 -1
5 1 1 4 7 1 155 1738 35 32 0 °
5 1 1 4 7 2 402 1707 21 80 36 go
5 1 1 4 7 3 475 1707 211 80 0 :#Peo
5 1 1 4 7 4 801 1724 91 57 13 ee
5 1 1 4 7 5 938 1717 93 57 0 aG
5 1 1 4 7 6 1077 1707 33 80 35 et
5 1 1 4 7 7 1145 1711 1745 72 0 gzeeszregst2
5 1 1 4 7 8 1862 1707 355 80 0 Besse
5 1 1 4 7 9 2249 1707 581 80 0 cocsegswmrcges
5 1 1 4 7 10 2836 1707 54 80 0 -
4 1 1 4 8 0 155 1766 2735 57 -1
5 1 1 4 8 1 155 1774 34 41 81 o
5 1 1 4 8 2 410 1762 17 65 18 PF
5 1 1 4 8 3 475 1766 2415 57 0 isOtonweSQooOpPELEErF
5 1 1 4 8 4 1471 1762 147 65 26 Se
5 1 1 4 8 5 1618 1762 244 65 15 EoOE>~
5 1 1 4 8 6 1899 1762 126 65 0 BPE
5 1 1 4 8 7 2024 1762 55 65 0 e
5 1 1 4 8 8 2089 1762 147 65 6 FE
5 1 1 4 8 9 2240 1762 462 65 0 e=SESCSwuRee
5 1 1 4 8 10 2701 1762 190 65 58 FHS
4 1 1 4 9 0 155 1803 2735 58 -1
5 1 1 4 9 1 155 1819 34 28 66 5
5 1 1 4 9 2 380 1810 98 48 37 2:
5 1 1 4 9 3 524 1799 230 66 5 ¢g@ooF
5 1 1 4 9 4 801 1803 2089 58 0 &F$FSzerogsTFFevOX
5 1 1 4 9 5 1536 1799 138 66 0 HH
5 1 1 4 9 6 1690 1799 402 66 0 FERZEGCSS
5 1 1 4 9 7 2092 1799 138 66 76 EZ
5 1 1 4 9 8 2229 1799 177 66 58 D556
5 1 1 4 9 9 2449 1799 188 66 46 WEY
5 1 1 4 9 10 2636 1799 193 66 54 Fae
5 1 1 4 9 11 2840 1799 33 66 60 Ss
4 1 1 4 10 0 155 1839 2735 73 -1
5 1 1 4 10 1 155 1851 34 57 46 2
5 1 1 4 10 2 411 1832 21 84 48 Ss
5 1 1 4 10 3 475 1850 279 62 0 e220
5 1 1 4 10 4 801 1839 22 51 0 s
5 1 1 4 10 5 894 1841 205 52 1 S25
5 1 1 4 10 6 1138 1844 168 68 17 50S
5 1 1 4 10 7 1352 1832 504 84 0 SLPeee5ss
5 1 1 4 10 8 1903 1845 160 45 33 ERS
5 1 1 4 10 9 2110 1839 780 73 0 RSrOoOme,UcEas
3 1 1 5 0 0 379 1881 2235 67 -1
4 1 1 5 1 0 379 1881 2235 52 -1
5 1 1 5 1 1 379 1888 99 30 68 Os
5 1 1 5 1 2 587 1881 555 52 36 qqg=ztrwuraondn
5 1 1 5 1 3 1276 1887 167 31 25 Det
5 1 1 5 1 4 1483 1882 649 51 10 fofkaogeras
5 1 1 5 1 5 2519 1882 26 51 77 oO
5 1 1 5 1 6 2585 1903 29 23 41 i
4 1 1 5 2 0 380 1906 2165 52 -1
5 1 1 5 2 1 380 1926 29 15 11 -
5 1 1 5 2 2 449 1906 289 51 17 YO2ZZS>
5 1 1 5 2 3 1000 1907 26 51 76 Zz
5 1 1 5 2 4 1211 1907 14 51 51 Zz
5 1 1 5 2 5 1414 1906 31 52 45 Ly
5 1 1 5 2 6 2168 1906 26 51 46 WW
5 1 1 5 2 7 2516 1924 29 4 55 A
3 1 1 6 0 0 155 1926 2735 281 -1
4 1 1 6 1 0 387 1931 2503 70 -1
5 1 1 6 1 1 387 1938 367 63 0 ,uwrfops
5 1 1 6 1 2 1000 1951 31 23 59 2
5 1 1 6 1 3 1207 1941 29 27 26 7
5 1 1 6 1 4 1414 1937 29 51 44 =
5 1 1 6 1 5 1827 1934 29 54 0 o
5 1 1 6 1 6 2172 1931 718 51 30 Hud
5 1 1 6 1 7 2452 1927 36 71 34 te
5 1 1 6 1 8 2499 1927 143 71 73 OP
5 1 1 6 1 9 2665 1927 36 71 0 HP
5 1 1 6 1 10 2706 1927 125 71 22 Na
4 1 1 6 2 0 167 1968 2723 51 -1
5 1 1 6 2 1 167 1969 13 49 29 oO
5 1 1 6 2 2 396 1968 711 49 0 @®rFaoOoOtvtOorNMHLHE
5 1 1 6 2 3 1138 1968 174 49 0 NZETC
5 1 1 6 2 4 1344 1983 168 21 0 NSH
5 1 1 6 2 5 1552 1968 236 49 11 NmM+tTH
5 1 1 6 2 6 1827 1989 98 11 54 Sr
5 1 1 6 2 7 1965 1983 167 22 0 nme
5 1 1 6 2 8 2312 1969 95 50 39 Mae
5 1 1 6 2 9 2453 1969 14 50 43 GS
5 1 1 6 2 10 2654 1985 236 30 73 AAW
5 1 1 6 2 11 2841 1969 51 50 49 A
4 1 1 6 3 0 155 1995 2735 64 -1
5 1 1 6 3 1 155 2010 34 39 90 z
5 1 1 6 3 2 380 2013 29 44 94 2
5 1 1 6 3 3 794 1995 29 56 35 ib
5 1 1 6 3 4 869 1995 15 56 53 Wo
5 1 1 6 3 5 934 1995 15 56 38 Wo
5 1 1 6 3 6 1070 1995 29 56 35 CS
5 1 1 6 3 7 1138 2008 29 29 58 ©
5 1 1 6 3 8 1276 1995 98 56 55 Non
5 1 1 6 3 9 1483 2008 29 29 75 0
5 1 1 6 3 10 1552 2008 29 29 70 0
5 1 1 6 3 11 1620 2008 30 29 50 0
5 1 1 6 3 12 1689 2008 30 29 60 O
5 1 1 6 3 13 1754 1995 29 56 44 WO
5 1 1 6 3 14 1896 2008 236 29 36 BOAO
5 1 1 6 3 15 2172 2022 362 37 66 “Bere
5 1 1 6 3 16 2591 1993 299 70 0 lorrrs
4 1 1 6 4 0 161 2051 2453 43 -1
5 1 1 6 4 1 161 2051 12 43 73 =a
5 1 1 6 4 2 380 2057 98 24 75 Fr
5 1 1 6 4 3 517 2061 100 21 70 NO
5 1 1 6 4 4 662 2051 23 43 70 tT
5 1 1 6 4 5 720 2051 22 43 56 WY
5 1 1 6 4 6 1000 2061 30 20 79 o
5 1 1 6 4 7 1207 2061 29 20 0 N
5 1 1 6 4 8 1403 2051 40 42 65 ©0
5 1 1 6 4 9 1827 2061 29 20 28 o
5 1 1 6 4 10 2172 2067 29 11 36 -
5 1 1 6 4 11 2516 2067 29 11 70 -
5 1 1 6 4 12 2562 2050 52 43 24 oT
4 1 1 6 5 0 155 2089 34 27 -1
5 1 1 6 5 1 155 2089 34 27 91 z
4 1 1 6 6 0 155 2119 34 31 -1
5 1 1 6 6 1 155 2119 34 31 41 <
4 1 1 6 7 0 155 2152 34 23 -1
5 1 1 6 7 1 155 2152 34 23 16 —_l
4 1 1 6 8 0 155 2181 34 26 -1
5 1 1 6 8 1 155 2181 34 26 34 oOSection 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Page 12 of 97
NR
2 o
©
a 6
Ww N
2 s
= 5)
®
= © 3
N oo +t tO O OD . a
Tt a g
moo ©
PoP Eo Go bob E a
a PoP Pb Gob Gd =
a 3
O PoP oP bob bE Q
< PoP Go ob ob bo B
oO PoP Eo bob EG 8
= PoP PoP EE z
- es =
ud PoP oP Pb bo Et z
ul PoP oP Go be 5
= PPP obo Si 8
Ww PoP op op PQ : z
Poor Pl lc Gt 2
= 6 : bop wo: x
= PB i igi ¢
= Po of Ff ig: 5
o PB opis s
Oo re 5
E Poo: i 2
Zz PS 5 of ig : £
Lu Pot Pou
= °§ ig ia: &
5 Bo fy) 3 2
& ER t seus g
= esF$ 2Boi0 2
> Bae SERE :
= ”o5 E592 S
Ww ttH tf Z2W0
Lr w a
rs WO x
oO Qo” wW ©
Mm Oh © 2
z2 A aA a A S
za cor ST
<q
ol
aSection 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
T
AF
R
D
Page 13 of 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Funding Deed
BETWEEN
Noosa Shire Council (Council)
AND
Noosa Biosphere Reserve Foundation Ltd (NBRF)
1 TERM
a) The term of this Deed commences on 1 July 2018 and continuesguntil 30th June
2021, or at such time as either party resolves to terminate the Deeds
b) Onor about 1 July 2021, Council may consider entering into@ newfunding deed to
extend the period of funding, subject to its annual budget considerations and
performance outcomes relative to this Deed.
2 PROGRAM
NBRF must carry out activities to achieve the objectstof the NBRF Gompany and the
purposes of the Noosa Biosphere Reserve Trust (the Trust) which are for the public
charitable purposes of protecting and enhancing the natural.environment and for contributing
to the realisation of the aims of UNESCO’s Man and the Biosphere Program.
a) “The principal purposes of the Trustare:
i) Advancing the conservation ‘and enhancement of a significant aspect of the
natural environment, being the natural ecosystems and biodiversity of the Noosa
Biosphere Reserve; and
li) Advancing environmental research, education and information about a significant
aspect of the natural environment, being the Noosa Biosphere Reserve.
b) In seeking to achieve the principal purposes of the Public Trust, the Trust may, without
limitation:
i) Foster economic and human development that is environmentally and socially
sustainable and,culturally appropriate;
i) @Develop. and implement a management plan for the Noosa Biosphere Reserve
that Is aligned with the UNESCO Man and the Biosphere Program and Australian
Biosphere Réserve Management Principles’.
iii) Monitor performance of the Noosa Biosphere Reserve and its reporting to
UNESCO and the Noosa community.
Note:
In respect to the Trust purposes clauses b) ii) and iii) the development of an NBR Plan of
Management andeporting obligations to UNESCO will be managed by Council in
collaboration with the Foundation and other stakeholders.
Australian Biosphere Reserve Management Principles only apply to reserves managed by the
Federal Government and do not apply to the Noosa Biosphere Reserve.
Page 13 of 97Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Page 14 of 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
3 FUNDING OPERATIONAL EXPENSES
a) Council will provide $140,000 (exclusive of GST) as a contribution towards operational
expenses for the first year of this Deed (2018/19 financial year).
b) |The amount of funding for operational expenses for the following financial years is
subject to negotiation for each remaining financial year of this Deed and subject to
Clause 6 — Funding Conditions.
c) NBRF will provide Council with details of its funding requirements for operational
expenses for each following year by no later than 30th March. NBRF are to provide
such information as may be reasonably required by Council to assess the request
including but not limited to the current NBRF strategic plan, proposed annual
operational plan, detailed draft budget and current financialbalance sheet.
d) Negotiations for funding will take into account any ongoing commitments as provided
for in clause 5.2 of this Deed and Council’s annual budget process and overall funding
constraints.
e) Payments are subject to GST where applicable*having regard to: the,type of
transaction under Australian Taxation legislation.
4 FUNDING PROJECTS
a) Inthe first year of this Deed, Council will quarantine up to $125,000 of its Environment
Levy funds for contribution to ‘NBR, projects that align with the principal purposes of
the Trust , Council’s Environment Levy»Policy and ‘Council’s strategic direction for the
Noosa Shire environment.
b) The NBRF may submit.applications for Council's Consideration for funding from the
Environment Levys
c) The NBRF will(provide Council with reasonable notice of project funding requirements
and provide<sufficient information about the projects to allow Council to assess the
application for funding.
d) The NBRE.shall not proceed with any project requiring Environment Levy funding until
Council formally. notifies NBRF in writing of the outcome of Council's consideration of
project funding applications,
e) “For the remaining financial years under this Deed, the NBRF will need to lodge
applications with Council for projects to be funded from the Environment Levy. Such
applications will be assessed against other applications received and in consideration
of the totalamount allocated towards grants projects from the Environment Levy.
f) NBRF may also choose to apply for relevant grants under Council's range of grant
programs. Again, these will be assessed against other applications received and the
total amount allocated to the relevant grants program.
5 PAYMENTS
5.1 How payments are to be made
a) Council shall pay the funding to NBRF by electronic transfer to a bank account (or
accounts) as notified in writing to Council by NBRF, with such bank account/s being in
the name of NBRF and such account/s being solely under the control of NBRF.
Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council Page 5
Page 14 of 97Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Page 15 of 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
b) Payments for contribution to operational expenses will be made in quarterly
instalments in advance upon a receipt of a valid tax invoice from NBRF dated on or
after the first day of the quarter.
c) Payments for any project funding will be made upon receipt of a valid tax invoice from
NBRF after notification by Council that the funding has been approved.
5.2 Extended financial commitments
Before NBRF commits to any purchase, contract, undertaking or activity that has financial
commitments beyond the period of approved funding and for which purchase, contract,
undertaking or activity NBRF will require Council funding, NBRF must apply for and obtain
approval from Council prior to NBRF making the commitment.
5.3 Right to suspend funding
Without limiting the Council’s rights, if Council is satisfied:
a) |NBRF does not have the capacity to manage thedunding; or
b) |NBRF does not have the capacity to performethe programs in lineywith the objects of
the Trust; or
c) Council is unable to provide the funding due to any legal impediment,
then the Council may at its sole discretion:
d) Suspend payment of the funding or an instalment of the funding (whether in whole or
in part) of the NBRF program; and/or
e) Direct NBFR to cease spending the Funding.
6 FUNDING CONDITIONS.
In return for receiving Funding from,the Council, NBRF must'undertake appropriate planning,
maintain appropriaté processes\ and procedures and undertake performance reporting
including:
6.1 General requirements
a) Develop and regularly review a 3-5 year strategic plan outlining the goals and
objectives for the Foundation to achieve the purposes of the Trust.
b) “Develop an annual Operational Plan setting out the priority actions for the next
financial year in order to achieve the goals and objectives of the strategic plan.
c) Before 30" March 2019, NBRF is to provide details of changes instituted by the
Foundation, to improve its governance model, transparency around its operations,
reporting to the community and fund-raising effectiveness. In the event that Council is
satisfied that reasonable steps have been taken to address these matters,
consideration will be given to further funding for operational expenses for the
remaining financial years under this Deed.
d) Establish, review and maintain suitable criteria, guidelines, assessment rationale and
processes for disbursement and acquittal of funds for eligible entities to undertake
projects that meet the purposes of the Trust.
e) Ensure the funding is directed to the purposes for which it is assigned by Council
(specifically operational activities or projects).
f) Ensure the Company or entities granted funding to do work or activities in line with the
purposes of the Trust obtain approvals to do work or conduct other activities on
Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council Page 6
Page 15 of 97Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Page 16 of 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Council owned or managed lands or as required under State or Federal legislation
prior to work or the activity commencing.
g) Provide recognition of Council funding support in written material, advertising, media,
signage and reporting documents.
6.2 Performance reporting
NBRF must monitor the NBRF program activities and submit written reports to meet
Council’s acquittal requirements including but not limited to:
a) Provide a quarterly progress report against utilisation of the funding towards the NBRF
program for the financial year and specifically information related to each project, their
status and milestones achieved.
b) Provide an Annual Report for each financial year and submit it to Council no later than
30 November each year or within 30 days of the Annual General Meeting whichever is
the sooner. The Annual Report to include evidence that, the funding is being
successfully applied to the objects of the Company and the purposes of the Trust and
particularly to delivery of projects funded by any Council contribution as well as
performance against the key performancegindicators contained in“Scehedule 1 to this
Deed.
C) Provide an audited financial report for each financial’year and submit it to Council no
later than 30 November each year, or within. 30,days of the Annual General Meeting
whichever is the sooner. Theaudited financial report is to identify the use of the
funding provided by Council for the \NBRF program), NBRF must maintain financial
records in accordance with ‘legislativés.requirements that identify receipt and
expenditure of the funding for the NBRF so that,at all times the funding for the NBRF
program is identifiable.and ascertainable.
d) ‘If required by Council, provide ad-hoe reports within 30 days of such request, or such
lesser period, setting out:
i) Any significant developments in or concerning the NBRF program;
ii) Any significantidelays or difficulties.encountered in performing the NBRF program
iN accordance with this Deed: and
e) NBRF must permit the Council or its agent or representative to have access to NBRF’s
records relating to funding provided by Council and must cooperate with any audit or
information request carried out or requested by Council.
f) For<avoidance of doubt, the above paragraphs survive the expiration or earlier
termination of this Deed, except for paragraph d).
7 MANAGEMENT OF FUNDING
7.1. Use of funding
a) |NBRF must only expend the funding:
i) For undertaking the NBRF program and purposes that are necessarily related to
the program, for which the funding was provided; and
ii) Otherwise in accordance with the terms and conditions of this Deed.
b) |NBRF must not use the funding, any interest acquired with the funds, any assets or the
existence of this Deed as any form of security for any purpose, unless the Council has
given its prior written approval.
Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council Page 7
Page 16 of 97Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Page 17 of 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
7.2 Repayment of funding
a) If NBRF fails to remedy a failure to comply with this Deed in a substantial respect
within 30 days, or such longer period as the Council stipulates, after receiving notice
requiring it to do so, NBRF is liable, on demand from Council to repay to the Council
the whole of the funding provided for the NBRF program (or the amount of Funding
paid as the case may be) for any year in which the failure to comply or the failure to
remedy occurred;
b) If NBRF fails to fulfil a term of this Deed, or part of it, on the NBRF program, NBRF is,
subject to paragraph d) of this clause, liable to repay to the Council the amount of
unspent money and the Council may recover that money from NBRF as a debt due to
the Council; and
c) If NBRF fails to spend the funding, or part of it, on the NBRF program, NBRF is,
subject to paragraph d) of this clause, liable to repay to the Council the amount of
unspent money and the Council may recover that money from,.NBRF as a debt due to
the Council.
d) if, at the end of the Term, some of the funding has not been spent or committed to
legitimate contingency and reserves, thata@amount must be repaid to the Council (and
the amount may be recovered as a debt due to the,Council), unless,the Council
provides written permission for all, or some,sof the amount to be spent in some other
manner that Council directs.
8 INTELLECTUAL PROPERTY
8.1 Intellectual property in council material
a) The Council will retain ownership of all Council Material)including Intellectual Property
in that Council Material, but grants NBRF a royalty-free world wide, non-exclusive
licence, (including a right of Sub-licence to\a third party), to use, reproduce, adapt and
exploit the Council Materialon the condition,that this licence is only granted for the
purposes of this Deed.
b) The,aboveimentioned licence may be terminated by the Council immediately upon
written notice onthe occurrence of any of the following events:
i) The Trust or NBRF becomes insolvent, subject to administration, unable to meet
its debts or the\NBRF decides to wind up the Trust or itself for any reason
whatsoever; or
ii) | The@ Council forms the reasonable view that either the Trust or the NBRF is
insolvent; or
iii) | The Council forms the reasonable view that either the Trust or the NBRF is in
breach of the terms of the trust deed which created the Trust where that breach
is not, in the opinion of the Council, capable of remedy; or
iv) The Council forms the reasonable view that the NBRF is in breach of any
provision of its own constitution or any provision of this Deed where that breach
is not, in the opinion of the Council, capable of remedy.
c) The Council may also terminate the above mentioned licence on the occurrence of any
of the following events:
a. The Council forms the reasonable view that either the Trust or the NBRF is in
breach of the terms of the trust deed which created the Trust where such breach
is capable of remedy and NBRF fails to remedy that breach within thirty (30)
Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council Page 8
Page 17 of 97Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Page 18 of 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
days, or such longer period as Council stipulates, after receiving notice from the
Council requiring it to do so; or
b. |The Council forms the reasonable view that the NBRF is in breach of any
provision of its own constitution or any provision of this Deed where that breach
is capable of remedy and NBRF fails to remedy that breach within thirty (30)
days, or such longer period as Council stipulates, after receiving notice from the
Council requiring it to do so.
d) Council may, pursuant to the above licence, authorise the use of any Council Logo by
the NBRF in such manner and subject to such conditions as the Council deems
appropriate in its absolute discretion subject to it retaining full ownership of the Council
Logo. NBRF agrees that any Council Logo is not to be usedinless expressly
approved in advance and in writing by the Council.
e) | Upon the conclusion of the term of this Deed or an earlier termination of this Deed,
NBRF will not retain any Council Material remaininggn NBRE’s,possession and will
immediately return all physical expressions of the,Council Material to the Council and
will destroy any electronic copies thereof, unless the Council notifies NBRF otherwise
in writing.
f) NBRF agrees to keep safely Council Material provided to NBRF for the purposes of
this Deed and to abide by any obligations ‘of privacy and confidentiality towhich
Council may be bound in law.
g) Any adaptations, variations or extensions made to the Council Material during the term
of the above mentioned licence‘or anyisub-licence ‘shall become, upon its creation, the
property (including Intellectual Property) ofithe Council.
8.2 Obligations on NBRE
a) NBRF will immediately do all such things, take such-reasonable steps, execute any
documents and follow such reasonable directions as the Council from time to time
reasonably requests in order to perfect, record or preserve the Intellectual Property in
the Council Material and this..will include, but is not limited to, including such
conditions, limitations or restrictions inpany‘sub-licences granted by NBRF pursuant to
this Déed that the Council deems reasonably necessary to perfect, record or preserve
the Intellectual Property inthe Council Material.
b) « The Council shall have the right to take action against any third parties to prosecute or
defend legal proceedings including proceedings for an infringement of the Intellectual
Property in the Council Material. If the NBRF becomes aware of any infringement or
suspected infringement it will promptly inform the Council and will provide all
reasonahleyassistance (excluding financial contribution to such proceedings) in any
legal proceedings or the defence or prosecution of the Intellectual Property.
c) Unless otherwise expressly exempted in writing by the Council, the NBRF will ensure
that any licensed use of the Trade Mark in any context shall appear with the symbol ®.
In the event that the Council decides to lodge a certification mark application in relation
to the Trade Mark, the NBRF will provide all reasonably requested documentary and
other support necessary to support that application including the provision by the
NBRF of financial support of that application to the extent that the parties may mutually
agree. In the event that registered certification mark status is granted for the
expression “Noosa Biosphere”, the expression “Trade Mark” as it appears in this Deed
shall also include a reference to that certification mark and the Deed shall be
interpreted accordingly.
Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council Page 9
Page 18 of 97Section 19
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Page 19 of 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
d) Unless otherwise expressly exempted in writing by the Council, the NBRF will not
grant a third party sub-licence with a fixed term of greater than 3 years but may grant
an option or options to extend that term subject to the provisions of clause 8.2 f) iii.
e) The NBRF hereby acknowledges that the Council Material is the Intellectual Property
of the Council and shall act only in good faith when dealing with the Council Material in
order to best preserve the Council’s Intellectual Property.
f) The NBRF agrees that it will procure every sub-licence of the Council Material that it
grants pursuant to the Deed, unless it has received an express written exemption from
the Council to do otherwise, to include in those sub-licences the following:
i) An acknowledgement that the Intellectual Property in, the Council Material is
owned by the Council and that the sub-licensing .of the Council Material is
provided with the consent of the Council according,4o this Deed;
ii) The Trade Mark, wherever used by a third party sub-licensee must appear with
the expression ® unless expressly advised otherwise in writing by the Council;
iii) | Any licence granted by NBRF which grants the third party’sub-licensee an option
or options to extend the term ofthe’ sub-licence must be stated to be
unenforceable and invalid if the Couneil’s licence of its Intellectual Property in the
Council Material to NBRF has been terminated fof any reason prior to the proper
exercise of that option by the third party sub-licensee; and
iv) Any other condition, limitation or restriction on the third party sub-licence that the
Council deems reasonably nécessary to include in such a sub-licence to perfect,
restore or preserve its Intellectual Property in the Council Material.
g) In order to ensure the application of the above.provisions, NBRF will provide to the
Council copies of anysproposed sub-licenses to third,parties granted pursuant to this
Deed in advance of execution for the Cotneil’s approval, unless the Council expressly
advises in writing otherwise.
8.3 Intellectual property in NBRF program material
a) Subject to this clause intellectual Propenty. in NBRF Program Material vests immediately
in NBRFY
b) NBRF grants to the Council a permanent, irrevocable, royalty-free, worldwide, non-
exclusive licence (including aright of sub-licence) to use, reproduce, communicate,
adapband exploit the Intellectual Property in the NBRF Program Material.
8.4 Dealing with intellectual property
NBRF warrants that it is/entitled, or will be entitled at the relevant time, to deal with the
Intellectual Property, in’ both the Council Material and the NBRF Program Material in
accordance with this clause 8.
8.5 Consent to specified acts
NBRF agrees:
a) To obtain from each author of any NBRF Program Material a written consent to the
Specified Acts (whether occurring before or after the consent is given) which extends
directly or indirectly to the performance of the Specified Acts by the Council or any
person claiming under or through the Council;
b) To obtain from each author of any NBRF Program Material a written consent to the
Specified Acts (whether occurring before or after the consent is given) which extends
Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council Page 10
Page 19 of 97Section 20
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Page 20 of 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
directly or indirectly for the Council’s benefit in relation to the Council’s licensed use of
such material; and
c) Upon request, to provide the executed original of each such consent to the Council.
d) In this clause, “Specified Acts” means any of the following classes or types of acts or
omissions by or on behalf of the Council, excluding false attribution of authorship:
i) Using, reproducing, adapting or exploiting all or any part of the NBRF Program
Material, with or without attribution of authorship, and
ii) Supplementing the NBRF Program Material with any other material; or
iii) Using the NBRF Program Material in a different context to that originally
envisaged.
9 INDEMNITY
9.1 General indemnity
NBRF indemnifies (and agrees to keep indemnified) the Council against any:
a) Cost or liability incurred by the Council;
b) Loss of or damage to property of the Council; or
c) Loss or expense incurred by the Council in‘dealing with any claim against it, including
legal costs and expenses on_a,solicitor/own client basis and the cost of time spent,
resources used, or disbursements paid by the Couneil;
Arising from:
d) Any act or omission by NBRF or‘NBRF’s_ officerspagents, employees, contractors or
advisers (whethervoluntary or paid) where there 'was)fault on the part of the person
whose conductgave rise‘to that costs, liability, loss, damage or expense;
e) Any breach.of NBRF of the Deed; or
f) The use by Council of the material created for the purpose of this Deed, including
any claims by‘third parties aboutsthe ownership or right to use intellectual property or
Moral Rights.
9.2 Reduction of scope
NBRF’s liability to indemnify the Council under this clause will be reduced proportionally to
the extentthat any act or omission involving fault on the part of the Council contributed to the
relevant cost, liability, loss, damage or expense.
9.3. Preservation of other rights
The right of the.Council to be indemnified under this clause is in addition to, and not
exclusive of, any other right, power or remedy provided by law, but the Council is not entitled
to be compensated in excess of the amount of the relevant cost, liability, loss, damage or
expense.
9.4 Meaning of “fault”
In clause 9, fault means any negligent or wrongful act or omission or wilful conduct.
Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council Page 11
Page 20 of 97Section 21
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Page 21 of 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
10 TERMINATION FOR FAULT
10.1 Right to terminate for default
In addition to the right to terminate provided for elsewhere in this Deed, the Council may
terminate this Deed with immediate effect by giving notice to NBRF if:
a) NBFR breaches any provision of this Deed and fails to remedy the breach within 30
days, or such longer period as Council stipulates, after receiving notice requiring it to
do so;
b) NBFR breaches a material provision of this Deed and that breach is not, in the
opinion of the Council, capable of remedy;
c) NBFR notifies the Council that the NBFR program is not to proceed; or
d) NBFR becomes insolvent, subject to administration, unable to meet its debts, or
decides to wind up itself or the Trust.
10.2 Obligation upon termination
On receipt of a notice of termination or reduction of thé Funding, NBRE must:
a) Stop or reduce the performance of NBFR‘S obligations related ‘to tthe Funding as
specified in the notice;
a) Take all available steps to minimise loss resulting from the termination‘or reduction;
b) Continue work on any part of the NBRF program not affected by the notice; and
c) Immediately return to Council any Funding relating to the part of the NBRF program
affected by the notice and that has_not in the Council’s opinion:
i) Been spent in accordance with the Deed; or
ii) Been committed by NBRF\in accordance with the Deed and is payable as a
current liability,
Or otherwise dealewith any, Funding held‘by NBRF-as directed by the Council.
10.3 Council’s liability upon termination for default
Where Council terminates this Deed under clause.10, the Council:
a) Will be liable only for payments due andowing to NBRF under the payment provisions of
the Deed as atythe date of the notice; and
b) Wille entitledto recover from NBRF:
i) Any part of theyFunding which has not been legally committed for expenditure by
NBRF in accordance with>the Deed and is not payable for NBRF as a current
liability by the date of the notice of termination is received; or
ii) Any xpart of the Funding which has not, in the Council’s opinion, been spent by
NBRPain accordance with the Deed; and
iii) Where NBRF becomes liable to repay the Funds to the Council under paragraph
6.2 a).
10.4 Preservation of other rights
Clause 10 does not limit or exclude any of the Council’s rights under this Deed.
11. DISPUTE RESOLUTION AND MEDIATION
Both parties shall make genuine efforts to resolve any dispute arising out of, or in connection
with this Deed by negotiation and discussion. If the parties are unable to resolve a dispute
within 14 days, then the dispute shall be referred to an agreed, qualified independent person
to mediate between both parties. In the event the parties are unable to agree on the
Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council Page 12
Page 21 of 97Section 22
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Page 22 of 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
independent person, either party may refer this matter to the President of the Queensland
Law Society to nominate an appropriate person.
12. GENERAL PROVISIONS
12.1 Audit and access
e) NBRF agrees to give Council, or any persons authorised in writing by the Council,
access to the premises where obligations under this Deed are being carried out.
f) NBRF agrees to permit those persons to inspect and take copies of any material relevant
to this Deed.
12.2 Insurance
a) NBRF agrees:
i) To effect and maintain adequate liability insurances specific to the operation
of a Company, as a minimum publie’ liability, productand director & officer
liability, volunteers and employee work cover.
ii) On request to provide proof _of insurance acceptable to Council for its
purposes under the Deed.
b) This clause continues in operation for so long as any obligations remain in connection
with this Deed.
12.3 Relationship of parties
a) NBRF is not by virtue of this Deed an-officer, employee, partner or agent of the
Council, nor does NBRF have ‘any power or authority to bind or represent the
Council.
b) NBRF agrees:
i) Notto misrepresent its relationship,with Council; and
ii) Not to‘engage in any misleading or deceptive conduct in relation to the NBRF
program.
12.4 Waiver
a) A failure or delay by a party\to exercise any right or remedy it holds under this Deed
Onat law does not‘operate as @ waiver of that right.
b) A single or partial exercise by a party of any right or remedy it holds under this Deed
or at lawgdoes not prevent the party from exercising the right again or to the extent it
has not fully.exercised the right.
12.5 Assignment
NBRF cannot assign its obligations, and agreed not to assign its rights, under this Deed
without the Council’s prior written approval.
12.6 Applicable law and jurisdiction
a) This Deed is to be construed in accordance with, and any matter related to it is to be
governed by, the law of Queensland.
b) The parties submit to the jurisdiction of the courts of that State.
Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council Page 13
Page 22 of 97Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Page 23 of 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
12.7 Survival
All of the provisions of clause 8 of this Deed shall survive the termination of this Deed.
12.8 Amendments
This Deed can only be amended by an instrument in writing signed by both parties.
Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council Page 14
Page 23 of 97Section 24
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Page 24 of 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
ETON Sn i
Annual Report | Means a report in the form of an annual financial report and a
directors report as mentioned in the Corporations Act 2001 (whether |
or not it is required to be prepared under that Act) that without
_ limitation includes audited financial statements, achievements against -
_ key performance measures and other activities included in the annual |
| operational plan underpinning the objects of the Company and the |
_ Trust
| Asset | Means any asset or improvement acquired or produced wholly or |
partly by the Funding OR Funds
Council | Means the local government exercising powers vested under the |
Local Government Act 2009 andgincludes the area within the
boundaries of Council’s authority as preseribed under the Local
_ Government Act. !
Council Logo ! Means any indicia, logos, emblems, symbols or the like which are !
_used by the Council to brand and identify itself in its)\day to day
activities.
Council Material ! Means any material, including ‘without limitation, any software, code, !
designs, photographs, drawings, music, film, print, layouts,
documents, scripts, Copyp logos andyany other materials in any
_ medium, whether inhard or electronic form. provided by the Council to -
| NBReto further ‘the purposes and objectives of the Trust and.
_ includes, without limiting the generality of the forgoing, any material
‘which incorporates the expression “Noosa Biosphere” and “Noosa.
Biosphere | Reserve” ‘of, any deceptively or substantially similar
expressions, or colourable, imitations thereof, and also includes the -
“Trade Mark and the;Bomain Names.
: DomaingNames | Means jthe following domain names registered in the name of the !
Council:
! noosabiospheresnet.au; !
| noosabiospherereserve.org.au; |
| noosabiospherereserve.net.au; |
| noéosabiospherereserve.com.au; |
| noosabiospherereserve.net;
! noosabiospherereserve.info; !
| noosabiosphere.org.au |
_and any other future domain names, URLs, webpages or any other
_ examples of social or digital media Intellectual Property incorporating _
_ the expression “Noosa Biosphere” which may be or are used by the
_NBRF for the purposes and objectives of the Trust.
Funding or funds | Means the amount paid or payable under this Deed |
Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council Page 15
Page 24 of 97Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Page 25 of 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
GST Means the Goods and Services tax
| Intellectual | Means copyright, trademarks, designs, patents, semi-conductor or,
_ Property Circuit layout rights, trade secrets, trade names, business names, |
_ company names, domain names and all other proprietary rights and |
: any rights to registration of such rights, whether created on, before or |
_ after the date of this Deed. |
NBRF Means Noosa Biosphere Reserve Foundation Ltd an Australian
_ Company (limited by guarantee) registered on 13" January 2015 -
_ ACN 603 666 299
! NBRF Program ! Means any material, including without limitation, any software, code, !
_ Material designs, photographs, drawings, music, film, print, layouts, |
_ documents, scripts, copy, logos@and anyother materials in any
_ medium, whether in hard or electronic form created by, or provided |
: to, the NBRF to further the purposes and objectives of the Trust but .
expressly excludes any Couneil Material.
! Noosa Biosphere ! Means the Noosa Biosphere Reserve? as designated ~ under the
| Reserve _ UNESCO Man and the Biosphere Program as may be varied from |
_ time to time
| Noosa Shire | Means the local govermament exercising powers vested under the |
| Council _ Local Government Act 2009 and“intludes the area within the |
_ boundaries of Council’s authority as “prescribed under the Local
| Government Act.
i Operational Plan i Means an\ annual plan, for the conduct of the operations of the
Foundation during a‘ financial year that is aligned with the.
_ Foundation’s»Sirategic Plan,
! Operational ! Means funds required-to cover the day to day operations of NBRF !
| Expenses such “assemployee payments, accounting expenses, licence fees, |
“Maintenance and repairs, advertising, supplies, legal costs, utilities, |
_ insurance, and, office expenses.
! Project ! Means,\an individual or collaborative activity that is carefully planned !
_ to achieve a particular outcome and with specific start and end dates, |
and may comprise multiple stages.
i Property i Means any legal or equitable estate or interest (whether present or i
_ future and whether vested or contingent) in real or personal Property |
_ of any description.
! the Trust ! Means the Noosa Biosphere Reserve Trust registered as a public !
charity for taxation and deductible gift recipient status.
: Trade Mark : Means the registered Trade Mark “Noosa Biosphere” No. 1094948 :
_ under the Trade Marks Act 1995.
Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council Page 16
Page 25 of 97Section 26
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Page 26 of 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
| UNESCO | Means the United Nations Educational, Scientific and Cultural !
Organisation
! UNESCO Man and ! Means the intergovernmental scientific program under the name |
_ the Biosphere “Man and the Biosphere Program” that is facilitated by UNESCO.
_ Program
Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council Page 17
Page 26 of 97Section 27
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
T
AF
R
D
Page 27 of 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
14 SCHEDULE 1 —- PERFORMANCE INDICATORS
FINANCIAL
1. Project Funding Leveraging achieved from Council 3:1 per year
Funding to NBRF
Calculated as total value of funded
projects : Council approved project
funding
2. Fundraising Growth in Donations (Deductible Gift | 20% pe a
Recipient)|ncrease in value of donations | incre
annually mii n
: 00
3. Operations Percentage of projects comp Ol 75% per year
within target timeframe
No. of projects delivered on
no. of projects y |
4. Improvement in NBR | Percentage of funded projects wi > 75% per year
protection positive result natural
ecosystem, bio
sustainable develop
No. of projects wit sitive’ res G
no ojects
4
5. Communication of ange of methods o: mmunication | Multiple
information utilised and estimated audience reach | methods &
- Descrip ommunications/ audiences
info on use
Page 27 of 97Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
T
AF
R
D
Page 28 of 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
15 EXECUTION
Executed as a DEED on the day of 2018.
SIGNED SEALED AND DELIVERED BY Brett de Chastel as Chief Executive Officer for and
on behalf of NOOSA SHIRE COUNCIL.
Name: Brett de Chastel Position: Chief Executive Officer
Signature: Witness:
SIGNED BY NOOSA BIOSPHERE RESERVE FOUNDATION AC 66 299
Director Name:
Signature:
Director or Company
Secretary Name:
Signature:
Page 28 of 97Section 29
Page 29 of 97
SUMMARY — NOOSA BIOSPHERE RESERVE PUBLIC TRUST - PROJECTS (2015 TO MAY 2018) Attachment 2.
Project Title Description Proponent/s Total NBRF Other Contrib. Targetdate Status (May
Value Contrib. (ram ma completion ' 2018)
kind)
Koala Forever Noosa | Aimed at securing the future of wild koalas and wild koala eco-tourism in University of Sunshine Coast $130,000 $40,000 $90,000 Dec 2019 Commenced
the Noosa Biosphere Reserve.
Key partners:
Specific objectives of the project are to establish: World for Wildlife Fund
e Whether existing vegetation corridors are being utilised by koalas Noosa Parks Association
e Key connected koala populations suitable for long-term non-invasive
monitoring and management
e Key locations for restoring koala and vegetation connectivity
e Key locations for sustainable wild koala eco-tourism and recreation
e Aninitial blueprint for sustainable wild koala eco-tourism and
recreation
Rural Enterprise The key objectives of the project are to develop a better understanding of | Country Noosa $159,000 $65,000 $94,000 March 2019 Milestone 1
Plan rural activities in the Noosa Shire and to provide existing and potential achieved
landowners with a prospectus of a range of farm-based opportunities with
related revenue for their property. This will include a wide variety of
activities ranging from primary production, carbon credits, through to food
tourism and accommodation.
Stage 1: Understanding and mapping existing land use, management,
and current/future capacity of food production and economic
development.
Stage 2: Developing rural enterprise strategies
Community 2026 by identifying
Roadmap
Pandanus The project aims to halt the widespread cases of Pandanus dieback | Peregian Beach Community $70,000 $20,000 $50,000 June 2018 Underway
Preservation caused by leaf hopper Jamelia australiae, using proven biological control | Association
and mitigation methods. The work will also contribute to research in
respect to this issue.
Hinterland Trail Develop a Master Plan (and implementation plan) to identify ways to raise | Tourism Noosa $50,220 $19,500 $30,720 Oct 2018 Underway
Master Plan the profile of our biosphere reserve and enhance the experience for
bushwalkers and mountain bikers. Key Partners:
Noosa & District Landcare
It will identify economic benefits for the community such as funding Noosa Council (Economic
models, sustainable jobs, tourism, trail markings and educational Development)
information
The plan also aims to improve biodiversity management within the trail
areas.
Bush tucker garden | The Sunshine Beach State School will extend the boundaries of its Sunshine Beach State Primary School | $2,500 June 2018 Underway
& outdoor learning existing permaculture garden to establish a native bush tucker garden and | Parents & Citizens Association
classroom revitalise the outdoor learning space. Learning & education
Cultural Learning Work to create a data bank of environmentally and culturally significant Marine Ecology Education Indigenous | $30,500 $19,500 $11,000 May 2019 Just Started
Trail indigenous landmarks and iconic species within the Noosa Shire Corporation ICN
Page 29 of 97Section 30
Page 30 of 97
Project Title Description Proponent/s Total s)he Other Contrib. Targetdate Status (May
Value Contrib. (cash &in completion‘ 2018)
kind)
Bring back the fish Aimed at developing a base line assessment and restoring fish Noosa Parks Association $1,474,804° | $441,304 $1,033,500 November Test oyster
(Multi-year project) abundance through installation of oyster reefs. The Thomas Foundation 2022 reefs installed
and being
Key partners: monitored.
University of Sunshine Coast &
University of Queensland Base line survey
underwa
Keep on Keeping It Stage 2 will prioritise and implement strategic on-ground works to protect | Noosa & District Landcare $272,030 $123,700 $148,330 June 2019 Underway
in Kin Kin (Phase 2) and repair erosion prone areas and management of invasive weeds.
These areas were identified in Phase 1 by satellite analysis which
identified 2.4 million cubic tones of soil have been moved in recent years.
The project will also build capacity & awareness of the problem through
community engagement activities.
Keeping it in Kin Kin | Part 1 —LIDAR survey & scientific analysis; Noosa & District Landcare $172,162 $74,212 $97,950 Jan 2018 Phase 1 —
(Phase 1) Part 2 — On ground activities including planting at priority erosion prone completed.
sites and management of invasive weeds.
Part 3 - Includes education sessions with landowners & community.
Mapping koala Produce the first field based fine-scale distribution and population health University of Sunshine Coast $259,500 $59,500 $200,000 March 2018 Completed.
health study of koalas across the Noosa Biosphere Reserve. The study is aimed
at identifying the distribution and health status of koalas, priority areas of
habitat rehabilitation, offsets, protection and land acquisition to protect
core koala habitat.
Biosphere Association
Botanical Field Education resource — Sedges, Rushes & Restiads of the Noosa River Noosa Integrated Catchment $54,900 $14,900 $40,000 Feb 2017 Completed.
Guide (education Biosphere and surrounding regions. Association
resource
rd cia cho ie
‘Where project has been completed, the target date is the actual date of completion.
? Amount is actual — NBRF have rounded this amount of to $1,474,800
> Amount is actual — NBRF have rounded this amount off to $172,150
Page 30 of 97Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
2 MCU18/0040 - DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR
ENTERTAINMENT AND DINING BUSINESS TYPE 1 FOOD AND BEVERAGE AT THE
BEACH CHALETS 11/1 TINGIRA CRES, SUNRISE BEACH
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Environment and Sustainable Development Department
Index ECM / Application / MCU18/0040
Attachments Nil
APPLICATION DETAILS
Applicant Yu-Hsi Pai
Proposal Material Change of Use - Entertainment & Dining Business - Type 1
Food & Beverages
Properly Made Date 13 March 2018
Information Request Date N/A
Information Response Date N/A
Decision Due Date 26 June 2018
Number of Submissions Nil
PROPERTY DETAILS
Property Address 11/1 Tingira Cres Sunrise Beach Qld 4567
RP Description Lot 11 SP 112633
Land Area 56m²
Existing Use of Land Multiple dwelling complex and café
STATUTORY DETAILS
SEQRP Designation Urban footprint
Locality Eastern Beaches
Zone Attached housing
Overlays Natural Hazards Overlay – Landslide hazard area
Assessment Type Impact
Page 31 of 97
Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 June 2018 regarding Application No. MCU18/0040 for a
Development Permit for Material Change of Use - Entertainment & Dining Business - Type 1
Food & Beverage situated at 11/1 Tingira Cres, Sunrise Beach and:
A. Approve the application in accordance with the following conditions:
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 plan is listed in the following
table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
A.03 C Proposed Floor Plan, prepared by Zest Building 14/08/2017
Design
Nature and Extent of Approved Use
3. The approved use must not operate outside the hours of 6am to 3pm, 7 days per
week.
4. The approved total use area excluding kitchen and food storage areas is 36m²
including any outdoor dining area.
Amenity
5. The Entertainment and Dining Business Type 1 – Food & Beverages (Restaurant)
must be undertaken and operated in a manner that causes no detrimental effect upon
the amenity of the surrounding properties. In this regard, where a complaint (other
than a frivolous or vexatious complaint) is made to Council about noise from the
approved use areas, Council may require the operator or site management entity to
have a suitably qualified acoustic consultant undertake a Noise Impact Assessment
(NIA) in accordance with the Environmental Protection (Noise) Policy 2008. The NIA
report must be submitted to Council for endorsement which outlines the findings and
recommendations of the NIA and the recommendations implemented.
B. Find the following are sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. The Entertainment and dining use is catering for residents and visitors to the beach
side location without any adverse impacts on surrounding amenity.
2. The food and beverage use is a good reuse of a tenancy which has been historically
used for a commercial activity for more than 20 years.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 32 of 97
Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
REPORT
1. PROPOSAL
The proposal is for a Development Permit for a Material Change of Use for an Entertainment and
Dining Business Type 1 – food and beverages which seeks to formalise the existing café use that
has been carried out on site for approximately 15 years. The business known as Chalet & Co.
operates between the hours of 6.00am and 3.00pm daily, catering for breakfast and lunch. As
seen in Figure 2 below outdoor dining area is used.
Figures 1, 2 and 3 below show the locality plan, floor plan and image of the existing use on site.
Figure 1 – Locality Plan
Page 33 of 97
Section 34
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Figure 2 – Floor Plan of the existing layout
Figure 3 – Image of the existing outdoor dining area
The application is before Council’s because the entertainment and dining business is an
inconsistent use within the Attached Housing zone.
Page 34 of 97
Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
2. SITE DETAILS
2.1. Background
Prior to 1998 a dwelling house, restaurant and general store existed on site.
On 16 April 1998 Council approved TC 12545 for 10 units and a general store.
Since then 2 changes to the development approval have occurred to incorporate a manager’s
office and subsequently another change which converted that manager’s office into a store room.
2.2. Site Description
The lot is located on the ground floor of a 3 storey unit complex. The outdoor dining area is within
the entry to which was once the general store. The outdoor dining area is ringed by planter boxes
and is beside the driveway to the basement carpark.
2.3. Surrounding Land Uses
The unit complex is located at the southern end of Tingira Crescent with frontage to Orealla
Crescent and David Low Way. The site is located across the road from Sunrise Beach just south
of the Lifeguard flags. Some vehicle parallel parking is located directly opposite the site. North of
the site is characterised by similar 3 storey unit developments which many are used for visitor
accommodation.
3. ASSESSMENT
3.1. 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;
The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the
application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Development
Area.
Page 35 of 97
Section 36
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the
provisions are relevant to the development.
Locality Provisions
The subject site is located in the Eastern Beaches Locality and is zoned Attached Housing. The
proposed use is defined as an inconsistent use within the zone and is required to follow an
impact assessable application process.
The most applicable Overall Outcomes of the Locality Code are shown below.
Overall Outcome 7.7.2 of the Eastern Beaches Locality Code—
a) New uses and works are located, designed and managed to—
i. be compatible with other uses and works;
ii. maintain the safety of people and works;
iii. avoid significant adverse impacts on the amenity enjoyed by users of other
premises, including acoustic and visual qualities;
iv. avoid significant adverse impacts on the natural environment, including native
habitat removal, fragmentation and attrition; and
v. protect the natural beach experience and overall visual amenity for beach
users;
e) the Eastern Beaches Locality retains its primary role as a residential area, though
continues to provide some visitor accommodation and a range of local retail and
commercial functions at Sunshine Beach, Sunrise Beach and Peregian Beach;
and specifically for Sunrise Beach:
gg) For Sunrise Beach—
i. Sunrise Beach provides a high proportion of detached houses and some
Multiple housing and is attractive to families and permanent residents for its
relatively easy access to the beach and local services and facilities;
ii. local shopping services, schools and other community facilities are located in
Ben Lexcen Drive serving local residents both within and outside the locality,
whilst higher order services are available in Noosa Junction and Noosaville;
and
iii. development in the Sunrise Beach neighbourhood centre (on land zoned
Neighbourhood Centre on Map ZM4), expresses a pedestrian scale, and
provides integrated landscaping and car parking areas and allows opportunities
for outdoor dining and meeting, which contributes to the character and vitality of
the centre;
The Overall Outcomes do not provide much support for the subject food and beverage business,
with the Outcomes supportive of residential uses in this location with convenience shopping
activities located in the existing centres at Sunshine Beach and the Ben Lexcen Drive
Neighbourhood Centre at Sunrise Beach. Overall Outcome gg) i provides limited support which
seeks to provide easy access to local services and facilities.
While the previously approved general store may have provided convenience shopping (local
services) for some time, the larger Sunshine Beach and Sunrise Beach (at Ben Lexcen Drive)
centres now fulfil those needs. However, in terms of a near the beach breakfast, lunch or coffee
experience, unlike Sunshine Beach, this part of Sunrise Beach is isolated from these food and
beverage services, being more than 1 kilometre from either centre.
Page 36 of 97
Section 37
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
The applicant has provided results of a survey conducted over 32 days from 19 January 2018 -
13 February 2018 which identifies that the beach is the primary purpose for visitation to the area
with the utilisation of the subject business a secondary purpose. The following are survey results
provided by the applicant—
84% of all patrons stated that their primary purpose in visiting the Sunrise Beach locality
was to undertake activities at the beach (swimming, surfing, kite surfing walking/running,
etc.). Whilst their secondary purpose was to dine-in or use the take away provisions of the
existing café (Chalet & Co); and
78% of all patrons stated that they would still visit the Sunrise Beach locality to use
Council’s amenities even if the café did not exist.
The food and beverage use is a reasonable reuse of an existing commercial tenancy catering to
the surrounding local residents and visitors to the beach side location.
The subject business operates from 6am to 3pm daily, catering for the breakfast and lunch time
trade. There is the potential for noise impacts being in close proximity to residential uses. The
subject business has been operating for many years with only one complaint. The complainant
has subsequently moved on, and given that no submissions were received as part of the public
consultation process, it is considered the subject business is operating harmoniously with the
surrounding residential uses. It is pertinent to note that some kind of commercial activity
(restaurant and a larger general store) previously operated at the site, dating back prior to 1998.
Land Use & Works Provisions
The application is considered to comply with the applicable land use and works codes with car
parking discussed below.
The planning scheme requires 1 car space per 10m² of use area for the subject entertainment
and dining use. Use area is the floor area which excludes kitchen and food storage areas. The
subject business has a use area of 36m² including the outdoor dining area, triggering 4 car
spaces (rounded up from 3.6 spaces).
No carparking was directly attributed to the 56m² general store in the original approval. It was
determined at the time that customers would either walk or use the nearby on street parking. In
addition to the required spaces for the whole development (including visitor spaces) there is one
surplus space in the basement of the complex.
For the purpose of calculating car spaces required for a development where no car parking
exists, it is reasonable to compare the car parking rates for the approved use with the proposed
use. Table 1 below provides this comparison.
Table 1 – Car parking summary
Use Car parking rate required
Entertainment and dining business 1 space per 10m² of use area 4 required for the use
Use area = 36m²
Existing general store 1 space per 20m² of gross floor 3 spaces credit
Floor area = 56m² area
3 credit + 1 surplus = 4
The unit complex has 1 surplus car space in the basement which may be utilised for a staff member. It is
pertinent to note the subject business has been operating for a substantial amount of time without any
known car parking issues, with patrons currently utilising the on street car parking spaces available or
walking to the site.
Page 37 of 97
Section 38
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
4. CONSULTATION
4.1. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. No submissions were received.
5. CONCLUSION & REASONS FOR DECISION
The Entertainment and dining use is an inconsistent use in the Attached Housing zone. However,
the use caters for residents and visitors at the beach side location while operating harmoniously
with the surrounding residential uses without any amenity or car parking issues.
The following are considered sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. The Entertainment and dining use is catering for surrounding residents and visitors to the
beach side location without any adverse impacts.
2. The food and beverage use is a good reuse of a tenancy which has been used for a
commercial activity for more than 20 years.
The existing food and beverage business does not raise any significant planning concerns and is
recommended to be approved subject to relevant conditions.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 38 of 97
Section 39
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
3 MCU17/0551 - APPLICATION FOR MATERIAL CHANGE OF USE FOR MULTIPLE
HOUSING TYPE 3 - RETIREMENT OR SPECIAL NEEDS (PALM LAKE RESORT -
STAGE 6) LOCATED AT 20 TRADING POST ROAD, COOROY
DOCUMENT INFORM AT ION
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development Department
Index ECM/Application/MCU17/0551
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Palm Lake Works Pty Ltd
Proposal Material Change of Use - Multiple Housing –Type 3 Retirement &
Special Needs (Palm Lake Resort - Stage 6)
Properly Made Date 24 November 2017
Information Request Date 13 December 2017
Information Response Date 8 March 2018
Decision Due Date 30 May 2018 (extended until 22 June)
Number of Submissions None received
PROPERTY DETAILS
Property Address 19 & 20 Trading Post Rd Cooroy Qld 4563
RP Description Lot 101 & 102 SP 287641
Land Area 5796 m² & 12.14 Hectares
Existing Use of Land No. 19 - Palm Lakes Resort (Retirement living)
No. 20 – dwelling and shed
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroy & Lake McDonald
Zone Rural and Community Services
Overlays Natural Hazard Overlay – Flood, Bushfire (Potential Impact Buffer and
Medium Potential Bushfire Intensity)
Natural Resource Overlay – Gas pipeline buffer, Resource separation
area (over Lamonts Rd)
Koala Habitat Areas
Assessment Type Impact
Page 39 of 97
Section 40
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 June 2018 regarding Application No. MCU17/0551 for a
Development Permit for Material Change of Use - Multiple Housing –Type 3 Retirement &
Special Needs (Palm Lake Resort - Stage 6) situated at 19 & 20 Trading Post Road, Cooroy and:
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 relating to Stage 6 of the development. The
approved plans are listed in the following table unless otherwise amended by these
conditions.
Plan No. Rev. Plan/Document Name Date
C-001-2017, Sheet 1 of 3 Q Overall Site Plan, drawn by Palm Lake 31/01/18
Resort
C-002-2017, Sheet 2 of 3 Q Overall Stage Plan, drawn by Palm Lake 31/01/18
Resort
C-003-2017, Sheet 3 of 3 B Stage 6 Plan, drawn by Palm Lake Resort 31/01/18
C0-000-000, Sheet 01 of A Floor Plans (Everglade), drawn by Palm 29/02/18
01 Lake Resort
C0-000-000, Sheet 01 of A Floor Plans (Laurel), drawn by Palm Lake 29/02/18
01 Resort
C0-000-000, Sheet 02/01 A Floor Plans (Coolum 2), drawn by Palm -
Lake Resort
L002, L003, L004, L005, C Statement of Landscape Intent, March 22
L006, L008 2018, prepared by BVLD Consulting February
(L003 as amended by Condition 11) 2018
Built Form
3. Buildings shall be varied in their architectural style, construction materials, colours
and finishes.
4. All air conditioning units or other mechanical equipment must be located at ground
level, or otherwise fully enclosed or screened such that they are not visible from the
street frontages nor adjoining properties.
Nature and Extent of Approved Use
5. The approved development comprises of Stage 6 of the Palm Lake Resort, being 10
Independent Living Units (each having a maximum of 2 bedrooms + study).
Page 40 of 97
Section 41
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
General
6. Security in the form of a cash bond or trading bank guarantee to the sum of $25,000
must be submitted, to secure performance of all conditions of this approval, prior to
the Prestart Meeting for Operational Works for this stage of development (Stage 6).
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 and the related operational works approval/s.
7. The requirements of this development approval are to be effected, prior to the use of
the premises. Council reserves the right to call upon the bond or guaranteed sum
referred to in this approval to effect compliance with conditions.
8. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
off-site parking impacts, excessive noise, lighting nuisance or other emissions.
Access
9. Access to Stage 6 must be from the existing entry point to the Palm Lakes
development.
Landscaping Works
10. 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 the approved Statement of Landscape Intent plan. This plan (as amended)
must include a 2 metre landscaped buffer with dense landscaping to existing
Prospect Place residences adjoining to the east.
11. 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.
Noise Management
12. The location and operational hours of mechanical plant equipment including domestic
air conditioning units, is not to create a noise nuisance to occupiers.
13. Noise from building works associated with residential development must comply with
the following–
a. Limited to between 7:00am to 6:30pm Monday to Saturday.
b. All reasonable measures are taken to minimise noise emissions.
c. Not permitted on Sunday or public holidays.
Fencing
14. Fencing is to be erected on the eastern and northern boundaries of the site and shall
have a minimum height of 1.8 metres.
15. Fencing along the eastern boundary line adjoining Prospect Park must be designed
and constructed in accordance with Plan No. L006 Rev C, dated 22 February 2018 of
the Statement of Landscape Intent document, prepared by BVLD Consulting.
External Landscaping and Roadworks
16. All external roadworks, frontage and landscaping works associated with
MCU15/0111/OPW17/0055 must be completed and accepted by the relevant
authority, (including the required bus stops and all road and landscaping works along
Elm Street) prior to the commencement of the Operational Works associated with this
stage of development (Stage 6).
Page 41 of 97
Section 42
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Existing Access Driveway Removal and Frontage Works
17. The existing redundant access driveway must be removed and the area be reinstated
in accordance with a Development Permit for Operational Works, the works shall
include but not limited to the following:
a. The access crossover and/or driveway laybacks must be removed, and the
kerb, footpath and verge area reinstated in a manner to match the footpath,
kerb and/or verge treatments; and
b. The access driveway within the property must be removed and be reinstated
and landscaped in accordance with approved plans.
Road Dedication
18. Prior to commencement of use a Plan of Survey for boundary realignment must be
endorsed by Council for road reserve dedication along the frontage of Palm Lake
development site to the cul-de-sac head of Trading Post Road to ensure that the
existing public pathway is fully located within the road reserve and a 1.0m clearance
is provided between the edge of the pathway and the property boundary line.
Internal Driveways and Parking
19. The internal roads shall be concrete or bitumen sealed driveway generally in
accordance with the approved plans and must comply with the relevant sections of
AS/NZS 2890.1-2004 and/or AS 2890.2-2002. A Development Permit for Operational
Works shall be required.
20. All parking areas and garages must be in compliance with the requirement of the
current Australian standards applicable to their use (AS/NZS 2890.1-2004 and/or AS
2890.2-2002) with a minimum head clearance (headroom) at any point of 2.3m.
21. Carparking shall be provided on site, at a minimum rate of 1 space per independent
living unit for resident parking and 1 space per 4 independent living units for visitor
parking.
Earthworks
22. All earthworks must be carried out in accordance with a Geotechnical Report
prepared by a qualified person* and endorsed through a Development Permit for
Operational Works approval. *(Refer to Advisory Note)
23. All earthworks shall 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 1’ as defined in Appendix B. Test results as required by AS
3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ
and submitted to Council prior to final inspection/s of works.
24. A registered practicing Geotechnical Engineer shall test the existing ground
conditions for suitability of placing additional fill, prior to such fill being placed.
25. Filling works shall be restricted to the subject site itself, and the finished fill levels are
to taper to the existing levels on the property. Batters shall be at a maximum grade
of 1:4 unless retained by an engineer-designed wall or approved retention method.
26. Any fill imported to the site may only be from a site licensed with The Environmental
Protection Agency or from a site for which a Development Permit for Operational
Works has been issued approving the export of fill.
27. Following completion of the filling works for each Stage, the registered practicing
Geotechnical Engineer supervising the works shall submit compaction tests across
the entire filled areas and make recommendations if special foundations
requirements will apply.
Page 42 of 97
Section 43
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
28. Buildings floor levels and bulk earthworks finish levels must take into consideration
any building Minimum Floor Level required by the planning scheme at the time of
construction.
29. Earthworks carried out on site must not adversely affect the drainage conditions on
any other properties or existing roads, and/or the patterns and severity of flooding in
the area particularly on downstream properties. Filling works required on site shall not
cause additional ponding of water on any adjoining lands or the blockage of, or
interference with, any natural watercourses. Detailed site surveys indicating natural
surface levels and contours of any potentially affected properties must be provided
with any application for a Development Permit for Operational Works for earthworks
and/or stormwater drainage works. This may require the design and construction of
drainage pipes and/or an overland flow-path within the development site to cater for
drainage from the adjoining sites for a 1% AEP design storm.
Erosion and Sediment Control
30. Any person acting on this permit shall prevent erosion and sediment export from
leaving the site. Site control measures such as silt fencing, controlled gravel access
to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are
required to be submitted to the Council for approval prior to obtaining a Development
Permit for Operational Works.
Power Supply
31. An underground electricity service shall be provided to the site if not already
provided. In this regard, an approved ENERGEX Electrical Design Consultant shall
work in conjunction with Council’s Manager - Works Support to prepare detailed
designs of the electrical proposal.
The detailed designs shall then be submitted to ENERGEX for approval and a copy
of their approval submitted to Council with the application for Operational Works.
Amalgamation of land
32. Prior to commencement of use, Lot 101 SP287641 must be amalgamated with Lot
102 SP287641 and evidence (title and survey plan) provided to Council.
Stormwater Quality and Drainage
33. A stormwater quality treatment system must be provided for the development to
achieve an 80% reduction in Total Suspended Solids, 60% reduction in Total
Phosphorous and 45% reduction in Total Nitrogen. A bio retention system with active
filter media area of 75m2, depth of 40mm and extended detention depth of 200mmm
is endorsed to achieve compliance with this condition.
34. The stormwater quality treatment system works must be undertaken and maintained
in accordance with an Operational Works approval and the approved Stormwater
Management Plan by Calibre Consulting dated February 2017 Doc Number 16-
001014-02C.
35. The application for operational works for stormwater must include the following
information in relation to any bio-retention system:
a. Survey information that demonstrates a free draining outlet from the sub-soil
drainage system; and
b. Design Check Summary consistent with Section 3.1 of the approved
Stormwater Management Plan by Calibre Consulting dated February 2017 Doc
Number 16-001014-02C.
Page 43 of 97
Section 44
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
36. Any proposed Community Management Statement required for the development
must include the approved Stormwater Management Plan by Calibre Consulting
dated February 2017 Doc Number 16-001014-02C and must include the full cost of
maintaining the system in accordance with that document.
37. A suitably qualified Registered Professional Engineer, specialising in hydraulics shall
prepare engineering drawings and specifications for stormwater designs and shall be
submitted in conjunction with an application for a Development Permit for Operational
Works.
38. Stormwater pipelines within the site shall cater for 10% AEP storm event and
secondary flow paths shall be provided within the site to cater for 1% AEP storm
event.
39. The development must not adversely impact on the existing drainage conditions on
other properties. The applicant must demonstrate that all stormwater runoffs from the
fully developed site must be maintained at predevelopment rates for all storm events
up and including 1% AEP storm event.
Street Lighting
40. Streets lighting and pathways lighting throughout the development site must be
provided in accordance with Australian Standards.
Telecommunication
41. The requirements for telecommunication services shall be satisfied in relation to the
provision of new telephone services and broadband services to the developed site. In
this regard written confirmation from an approved telecommunication agency shall be
submitted to the Council prior to commencement of use.
Waste Management
42. The operator must provide a waste collection service for proposed units 221-230 as
described in the Waste Management Plan, prepared by Burchills Engineering
Solutions dated February 2018.
Bushfire Management
43. The development must be carried out in accordance with sections 5 and 6 of the
Bushfire Hazard Assessment Report, prepared by Brisbane Bushfire Consulting,
dated March 2018.
44. Certification must be submitted to Council from a qualified person* which certifies that
the development has been constructed in accordance with the bushfire management
conditions of this Decision Notice.
*(Refer to Advisory Note)
B. The assessment finds the following grounds to support the proposal, despite the conflict
with The Noosa Plan:
1. The development provides a logical extension of the approved retirement use on
adjacent land and will support the retirement housing needs of Cooroy.
2. The rural zoned allotment does not support any significant rural activities or
agricultural values and the development will not affect Cooroy’s rural production
capacity.
3. The development will not adversely impact on existing residential and rural uses in
the area.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 44 of 97
Section 45
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
REPORT
1. PROPOSAL
The application seeks approval for a Material Change of Use for Multiple Housing Type 3 –
Retirement or Special Needs for an additional 10 independent dwelling units at 20 Trading Post
Road, Cooroy. The application proposes to extend the existing use established by a previous
development permit to establish Palm Lakes Resort, located at 19 Trading Post Road. The
proposed extension will be integrated into the existing resort with access to all facilities such as
the clubhouse, bowling green, workshop and tennis courts. The extension will become ‘Stage 6’
of the current development, result in a total of 230 independent living units, and extends the site
area of the existing approved site master plan.
All dwelling units are single storey and consist of either 2 bedrooms, or 2 bedrooms, plus a study
and each have a double garage. The dwellings will match the existing built form constructed in
the Palm Lakes Resort. The minimum site area of each dwelling is 230m2.
Access to the site is via the end of the cul-de-sac of Trading Post Road, utilising an existing entry
to the Palm Lakes Resort. The applicant intends to amalgamate both sites should an approval be
granted. Refer Figure 1 – Proposed dwelling sites in overall site plan, Figure 2 – Character
of proposed development and Figure 3 - Landscape Concept Plan
Figure 1 – Proposed dwelling sites in overall site plan
Page 45 of 97
Section 46
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Figure 2 – Character of proposed development
Figure 3 - Landscape Concept Plan
Page 46 of 97
Section 47
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
2. SITE DETAILS
2.1. Background
The proposed development is to form part of the approved development at 19 Trading Post Road
(MCU15/0111). The development has evolved with the inclusion of additional land and various
minor applications, as follows.
1. A Development Permit for a Material Change of Use – Multiple Housing Type 3 –
Retirement & Special Needs was issued on 8 February 2010 and took effect on 23 June
2010 with the issue of a Negotiated Decision Notice (Ref. 132007.2398). The approved
development comprised 159 detached and semi-attached independent living dwellings
(retirement housing), 20 retirement units within a 2-storey building, a 120 bed aged care
facility within a 2 storey building and a community centre.
2. On 24 June 2014, a request to extend the relevant period of the existing approval for a
further 2 years was approved.
3. On the 2 March 2015, a request to change to the existing approval was approved. The
changes replaced the approved RSL Care architectural scheme with the Palm Lakes
scheme. Previously approved multi-level buildings were deleted and the independent living
units standardised to single-storey detached dwelling options.
4. On the 14 December 2015 Council approved a Generally in Accordance request for
changes to the Clubhouse.
5. On the 22 March 2016 Council approved an onsite Sales Office MCU15/0119.
6. On the 21 July 2016 Council issued an approval (MCU15/0111) for an extension to the
existing development including:
Boundary realignment and lot consolidation;
An additional 56 independent dwelling units (220 total); and
Inclusion of additional ancillary facilities including caretakers residence, golf room and
caravan storage.
2.2. Site Description
The subject site has a total area of 5,791m2. The site has an existing dwelling and large shed
located in the centre of the property. The site has some mature vegetation on the northern and
western boundaries. The site’s topography is relatively flat, with a gentle slope falling from the
driveway in the south-western corner to the rear of the property in the north-east corner. The site
is located adjacent to and on the eastern side of the existing Palm Lakes Resort development
which is located on the eastern side of the railway line and is approximately 1 - 1 ½ kilometres
from the Cooroy business centre. Refer Figure 4 – Subject and surrounding sites.
The site is encumbered by a drainage easement along the eastern boundary and a drainage
easement to the north (the latter yet to be registered).
Page 47 of 97
Section 48
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Figure 4 – Subject and surrounding sites
2.3. Surrounding Land Uses
The site is surrounded by a mix of low density residential and rural allotments. The North Coast
Rail line adjoins the Palm Lakes development which is approximately 250 metres from the
subject site. The Cooroy business centre is located within walking distance.
The northern property boundary of the site adjoins a rural allotment, which is improved with a
detached dwelling and shed located in the northern portion of the site.
The eastern boundary of the site adjoins a number of low density residential allotments along
Prospect Place. These residences are low set detached dwellings located on sites ranging from
616m2 to 839m2.
The southern boundary of the site adjoins Trading Post Road, where the site is accessed by a 10
metre wide battle-axe handle. The driveway of the site is located at the end of the Trading Post
Road cul-de-sac.
The western boundary of the site adjoins the approved Multiple Housing – Type 3 development
currently under construction.
The proposed development will form part of the larger approved development increasing the
number of dwellings by 10 for a total of 230 independent living units.
3. ASSESSMENT
3.1. 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;
The Noosa Plan.
Page 48 of 97
Section 49
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 applies to the
application:
SEQ Development Area
The proposal is for an urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Development
Area.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the
provisions are relevant to the development.
Locality Provisions
The subject site is located in the Cooroy and Lake McDonald Locality and is zoned Rural. The
adjoining site which is largely developed is zoned Community Services. The proposed use is
identified as an inconsistent use with the zone and is required to follow an impact assessable
application process.
The overall outcomes sought for the Rural Zone include:
(i) Agriculture and habitat protection are the dominant land uses;
(ii) The scenic and environmental values, the distinct rural amenity and agricultural productivity
of the locality are preserved and are not adversely impacted as a consequence of
development on or adjacent to that land; and
(iii) Locally appropriate enterprises such as bed and breakfast accommodation, farmstays,
cabins, camping grounds, roadside stalls and home based businesses enhance the
economic sustainability of the hinterland;
The primary assessment issue raised by the Locality Code is the expansion of the development
onto the Rural zoned allotment. The proposed development is not a rural use, nor does it meet
the overall outcomes of the rural zone.
The applicant submits the following comments to support the use on the rural zoned land:
a) The proposed development provides an accommodation type, catering in particular to the
more valuable portion of the population, being the ageing. The proposal will allow
increased choice, affordability and care for the elderly and retired in the Cooroy-Noosa
region. The proposed development achieves a density consistent with the surrounding area
given it duplicates the character of the adjoining retirement facility, Palm Lake Resort
Cooroy-Noosa. We acknowledge that the proposed development is not a rural use,
however it is a consistent use with the surrounding uses and established character for
Trading Post Road.
Page 49 of 97
Section 50
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
b) Despite the site being zoned Rural, the proposed development is consistent with the
existing built form and character within the established area. The development design is an
effective and efficient use of the site responding to site characteristics particularly with
regards to access, size and orientation. The development will positively contribute to
Trading Post Road whilst preserving the scenic and environmental values of the rural land
located to the north of the subject site.
c) The proposed development has been designed to face inward to the existing resort in order
to preserve any potential impacts to adjacent rural land located to the north. The adjoining
property to the north features a 12 to 15 metre vegetation buffer to the subject site to the
existing resort ensuring amenity aspects are preserved.
d) The subject site could be described as landlocked as it features low density residential land
uses to the eastern, southern and western boundaries;
e) Given the subject site’s shape and size any potential use of the site for agricultural
purposes would not be suitable and may result in more disruption for surrounding
residential land uses.
The business centre of Cooroy is located less than 2 kilometres away from the existing and
proposed development. The proposed development is generally consistent with the existing built
form and character in a largely established residential area, where low density residential
development adjoins the site to the east, west and south.
The proposed development has an open space area to the rural land to the north (includes bio-
retention basin, plantings and grassland) and the adjoining rural property to the north features a
12 to 15 metre vegetation buffer to the subject site, thus preserving the scenic and environmental
values of the rural land located to the north of the subject site. The expansion will not introduce
any significant new impacts on existing uses in the area or adversely affect Cooroy’s rural
production capacity. The site’s size and location as largely a pocket in the centre of residential
land on 3 sides does not lend it to any potential use for agricultural purposes.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of
the assessment against the codes are discussed below.
Buildings and parking
Each dwelling to be constructed on the subject lot will be single storey and consist of either 2
bedrooms or 2 bedrooms and a study and double lock up garage. New residents will be offered
a choice of designs, with an indicative range of single-level, hebel block construction, consistent
with dwelling designs approved under the previous application. The proposal plan includes
minimum setback requirements for the dwellings within their individual site areas, being:
The resulting “building envelope” within the individual dwelling sites is shown in Figure 5 –
Proposal Plan Extract Showing Dwelling Siting Arrangement.
Page 50 of 97
Section 51
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Figure 5 – Proposal Plan Extract Showing Dwelling Siting Arrangement
The buildings will be consistent with those already constructed on site. Each site has a minimum
width of 13 metres and a depth of 18 metres.
Internal works
Existing and proposed internal roads are 4 metres wide. The proposed internal road will be a
single lane one way circuit. Appropriate directional signage will be installed to guide traffic
direction. Boundary truncations have been applied to sites 221, 223, 226 and 227 as shown on
the proposal plans.
The applicant will be required to provide a 2 metre wide landscaping strip that contains dense
landscaping along the eastern boundary of the development to provide a buffer to existing
residential properties.
External Road works
A condition of the previous approval required the developer to upgrade Cooroy Connection Road
(Elm Street) at its intersection with Pearsons Road, which included the provision of two Bus
Stops with shelters, a pedestrian refuge and upgrade to existing kerb line and line marking. This
was to occur at stage 1A, however did not occur. The developer has only recently commenced
construction of the works. There are many dwellings that have been constructed that rely on this
intersection and safety is of concern. Although the Department of Main Roads have indicated
they have no requirements relating to this proposal, it is considered prudent to require this
intersection to be completed prior to the Operational Works (associated with the proposal)
commencing. This will be conditioned accordingly.
Page 51 of 97
Section 52
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Stormwater and flooding
The expanded development will not adversely impact on the flooding conditions on upstream or
downstream properties and complies with the requirements of the Natural Hazards Overlay
Code. Conditions are recommended requiring the following:
earthworks and drainage devices to be designed to maintain existing conditions on
neighbouring properties
fencing along the northern boundary line adjoining Prospect Park to ensure unobstructed
stormwater flows
4. CONSULTATION
4.1. Referral Agencies
The application was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for Department of Transport and Main Roads.
The Department is a concurrence agency for the development as the site is located with 25
metres of the State Transport Corridor (Elm Street and the North Coast Rail line).
The Department has responded advising that they have no requirements.
4.2. Other Referrals
The application was forwarded to the following internal Council officers:
Development Engineer, Development Assessment
Environmental Officers’, Development Assessment and Environmental Services
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. No properly made submissions were received.
5. CONCLUSION & REASONS FOR DECISION
The application to expand the existing Palm Lakes retirement and aged care development
approval raises a number of considerations. The primary consideration is the proposed
development’s expansion onto Rural zoned land, where The Noosa Plan identifies the retirement
living use as an inconsistent use within the zone. The rural lot is relatively small, substantially
surrounded by urban development and not considered to have values that warrant its protection
for rural purposes.
The secondary issue is that the intersection upgrade (with Elm St) has not been constructed in
accordance with the previous approval. Given this is a safety concern, it is considered prudent to
require the developer to complete these works prior to Operational works approval being granted
for Stage 6.
The assessment finds the following grounds to support the proposal, despite the conflict with The
Noosa Plan:
The development provides a logical extension of the approved retirement use on adjacent
land and will support the retirement housing needs of Cooroy.
The rural zoned allotment does not support any significant rural activities or agricultural
values and the development will not affect Cooroy’s rural production capacity.
The development will not adversely impact on existing residential and rural uses in the
area.
The application is recommended for approval subject to conditions.
Page 52 of 97
Section 53
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director X Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture X Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 53 of 97
Section 54
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
ATTACHMENT 1
Page 54 of 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
ATTACHMENT 1
ober llDtllle ert} EH Goa)
ere rr rere Le sor T
ISCEIGER CEEFEREEP) EAs)
4 ,, t \ }
2 SL lel as
: pale tl be ||) =
5 se a mons |~||> Fa Cie
eR Perr fat
Pa ft i Jaye Lm)
Feleleelel|-l-l]) \ a4 &7
wen — | a ome Sa My so) cer
‘a B! \ L— 1
<> Cy) [hod | ANY lly)
; OW > Aus i wen ’ 4 .
AOC BK OY
PKS SR LI
J, DANRM\Y KY L~» w
ORR . AS ~ ’ fy
REID ENE OE
wg Kes CS ReNAeumees NDS) ey f
LOSRSBEONOn I ORLY
\ 5
ose Y seu, eK ) Oe Sab
— mt xy eS eS CS a AY Seg <
6 / OS SOY ¥ Sot
Eo SSHSO TN
PO SS S a —
a WQS BS Oy OU
Tw B® o 2
~~ Oo oy - ip \ Sty
ROOF OVERHANG % ss CS cS NG
OPEN SPACE /LIMING WIHIN SETBACK Wy, “ i; ) OL
AREAS 10 NORTHERN \ , s A Os
(/_PARY OF SITE WHERE \ %, \ cS en
| / POSSIBLE | 4 % CS CS RS 407)
| a 18,000mm NINIMUM % Y, SSN oS Sy SOD
\ a waltaee 3 / oS ) »
= . = Ys QS es
1 OE OO
£ i RFONENCE i & ° —a, AN ‘O v /
Bi Max. Cover 65.0% Total i a mana NN Cr
d a = AGED CARE
i cue {DEVELOPMENT
FARE RATED WALL 60/60/60 \ /
fe tecge to Bandy} in SS / =
(02) SITING CONSTRAINTS mae /83
\OL7 GENERIC SITE AREA - 234.0 Squr \ //¥&s——
.
PROPOSED RESORT DEVELOPMENT-AREA 121,378sqm ‘.
\
TOTAL DWELLINGS = 230 \
MIN VISITOR SPACES = 58 \
MIN LOT SIZE = 230sqm 4 :
PRIVATE OPEN SPACE MIN/LOT = 20sqm \
PRIVATE OPEN SPACE MIN WIDTH = 3m ADACED NEVI ADMCNT \V
MAX SITE COVER = 65% PROPOSED DEVELOPMEN SN
MIN. 450mm EAVES, EXEPT TO GARAGES FRONTS & =
BUILT TO ZERO LOT LINE. TAGE 6: 10 UNIT BN
MAX SINGLE STOREY NOT GREATER THAN 6m IN HEIGHT TALL 0: \ e\
MIN. 12° ROOF PITCH oo \
MIN SETBACK TO PUBLIC ROAD 6m SITE AREA: 5.796m’ \
(EXCLUDING COVERED OUTDOOR AREA & PATIO AREA) co
MIN PROPERTY BOUNDARY SETBACK = 3m
(EXCLUDING COVERED OUTDOOR AREA & PATIO AREA)
CAR PARKING LOCATIONS MAY ALTER IN FINAL LAYOUT.
NOTE: GARAGE MAY BE BUILT TO ZERO LOT LINE
PROPOSED AGED CARE DEVELOPMENT-AREA 20,245sqm
TOTAL BEDS = 120
CAR PARKING LOCATIONS MAY ALTER IN FINAL LAYOUT. % 50m _— 150m _
SCALE 1:2500 (AT A3)
. |
ene ase =
stort
5 1 1 1 76 2 544 2962 48 27 24 fa
5 1 1 1 76 3 1646 2968 33 3 16 K
5 1 1 1 76 4 1772 2970 44 38 0 |01
4 1 1 1 77 0 385 2995 1781 32 -1
5 1 1 1 77 1 385 2995 11 11 61 Po
5 1 1 1 77 2 401 2981 29 45 65 Box
5 1 1 1 77 3 435 2995 36 27 51 wars
5 1 1 1 77 4 479 2995 121 27 0 SourneGRT
5 1 1 1 77 5 549 2981 24 45 51 Bc
5 1 1 1 77 6 576 2981 23 45 62 aLD
5 1 1 1 77 7 605 2995 28 27 59 42s
5 1 1 1 77 8 788 2997 13 19 51 O|
5 1 1 1 77 9 850 3002 100 9 11 swcrowe
5 1 1 1 77 10 992 3001 77 26 0 [von
5 1 1 1 77 11 1092 2999 23 15 60 sc
5 1 1 1 77 12 1117 2987 30 44 60 |
5 1 1 1 77 13 1155 2999 75 15 93 STREET
5 1 1 1 77 14 1253 2997 115 19 83 TRADING
5 1 1 1 77 15 1390 2997 67 19 96 POST
5 1 1 1 77 16 1480 2997 32 19 96 RD
5 1 1 1 77 17 1975 2997 77 37 0 SOUINPOT
5 1 1 1 77 18 2051 2997 53 37 2 CENTIOL
5 1 1 1 77 19 2103 2997 44 37 49 TOMER
4 1 1 1 78 0 377 3021 1802 60 -1
5 1 1 1 78 1 377 3021 34 40 35 wen
5 1 1 1 78 2 414 3021 33 40 17 Ent
5 1 1 1 78 3 454 3021 137 40 0 nieepainiakecon.ou
5 1 1 1 78 4 789 3025 8 31 64 Pp
5 1 1 1 78 5 850 3038 62 10 92 EXPANSION
5 1 1 1 78 6 920 3038 25 10 92 SITE
5 1 1 1 78 7 993 3038 60 25 17 fyvua7
5 1 1 1 78 8 1065 3060 3 3 78 |
5 1 1 1 78 9 1092 3035 23 16 34 SC
5 1 1 1 78 10 1142 3035 83 16 5 {SUBURB
5 1 1 1 78 11 1253 3033 103 20 89 COOROY
5 1 1 1 78 12 1462 3061 2 2 0 -
5 1 1 1 78 13 1608 3029 1 4 73 \
5 1 1 1 78 14 1722 3028 1 6 39 !
5 1 1 1 78 15 1826 3042 20 39 93 0
5 1 1 1 78 16 1857 3042 25 39 94 3
5 1 1 1 78 17 1953 3024 50 49 18 romoe
5 1 1 1 78 18 2002 3024 30 49 41 een
5 1 1 1 78 19 2039 3024 62 49 45 soon
5 1 1 1 78 20 2109 3024 70 49 32 sens
4 1 1 1 79 0 289 3061 1994 38 -1
5 1 1 1 79 1 289 3076 1 4 35 VA
5 1 1 1 79 2 788 3069 13 20 45 Q|
5 1 1 1 79 3 850 3068 95 22 28 saa
5 1 1 1 79 4 993 3075 75 24 0 |avane|
5 1 1 1 79 5 1092 3071 23 16 31 es
5 1 1 1 79 6 1145 3071 75 16 1 Jpcone
5 1 1 1 79 7 1253 3069 68 20 39 [4563
5 1 1 1 79 8 1353 3061 3 38 64 |
5 1 1 1 79 9 1388 3069 131 30 11 staTe|QLD
5 1 1 1 79 10 1674 3078 14 4 27 Le
5 1 1 1 79 11 1975 3067 191 23 0 veswewReuanenamm
4 1 1 1 80 0 1954 3315 289 44 -1
5 1 1 1 80 1 1954 3315 105 44 96 Page
5 1 1 1 80 2 2074 3316 49 34 94 54
5 1 1 1 80 3 2138 3315 43 35 94 of
5 1 1 1 80 4 2194 3316 49 34 96 97
ABN 77 995 457 991 ACN OOS 277 038Section 55
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Page 55 of 97
- uU
rc
aze Cam SemEen===PE=RPR=E=Ex BP a >
< 2 ak aS Res =a = eK =Re2225 iS “po =
#3 2% Ze PoP rev oe SS5rc =z BERS
2.285,2 228 VIS Poeopmomnw an oOn iO Bas a
Pox sS5 Bs sole o8S5SS Z2aSaFAS2Zo B ao” —
ge2gs2 3a° SRR LSeBSSsagxns5cogr = rm Bola
£.98233 ba52 SBC 2ES5R35SShn3 0338 noe \ QVOu SiNOMY) ~ z
233855 329, O11 ReOSIS* HSnszS"yus HB age 5
resize? s828} Bsb s8aeqckSon*oe'sa B AAAS AEBS) ea
prises gael Bee =Eseeetsahuss Be E “um ASB) faa Re
teens hi oP eoSof e528 fo" BNO —See ) ee m
Paha ig - — ssn38 2-25 6S fis fs ]| HA z
Bort 38 3x5 a3 zz =
388 2 & F238s8s & 3 Se 5 3lZ sts) | =
# ep 25355 3 § 7" 7 lS it = - 44 wv
zh Oo = = za = z . —
BE gseve 3 & z f 2 20oF. fe \s\s|s| Cy]
= ' as 5 1 1 1 20 5 1224 714 15 29 71 rm
5 1 1 1 20 6 1456 714 16 29 60 nm
5 1 1 1 20 7 1545 710 30 17 85 S
5 1 1 1 20 8 1663 710 10 25 28 5
5 1 1 1 20 9 1779 726 31 12 74 om
5 1 1 1 20 10 1977 728 14 4 72 =
5 1 1 1 20 11 2811 722 9 11 59 7
5 1 1 1 20 12 3016 730 1 3 67 {
5 1 1 1 20 13 3082 721 3 10 0 f
5 1 1 1 20 14 3320 707 21 40 51 Oo
4 1 1 1 21 0 850 728 2236 49 -1
5 1 1 1 21 1 850 736 18 9 70 =
5 1 1 1 21 2 907 736 19 23 60 5
5 1 1 1 21 3 967 733 78 28 30 -2e
5 1 1 1 21 4 1084 733 18 14 20 F
5 1 1 1 21 5 1170 731 76 23 53 2H
5 1 1 1 21 6 1456 735 18 10 89 =
5 1 1 1 21 7 1517 730 58 35 82 25
5 1 1 1 21 8 1663 740 9 17 43 i
5 1 1 1 21 9 1779 739 22 23 0 z
5 1 1 1 21 10 1974 734 18 31 0 s
5 1 1 1 21 11 2611 728 25 49 15 nv
5 1 1 1 21 12 2664 733 53 5 32 TT
5 1 1 1 21 13 2935 727 70 52 8 [|
5 1 1 1 21 14 3016 731 70 35 15 teh
4 1 1 1 22 0 850 735 2503 80 -1
5 1 1 1 22 1 850 759 253 40 67 228222
5 1 1 1 22 2 1169 760 77 35 60 22
5 1 1 1 22 3 1456 760 119 39 29 27S
5 1 1 1 22 4 1663 762 9 45 38 f
5 1 1 1 22 5 1779 763 37 23 68 2
5 1 1 1 22 6 1918 766 74 43 48 yi
5 1 1 1 22 7 2082 739 21 88 47 zx
5 1 1 1 22 8 2557 760 254 34 13 Alfa
5 1 1 1 22 9 2825 735 108 76 0 ||
5 1 1 1 22 10 3023 769 63 35 18 Co
5 1 1 1 22 11 3319 748 34 66 4 z
4 1 1 1 23 0 480 787 1918 32 -1
5 1 1 1 23 1 480 791 20 13 29 2)
5 1 1 1 23 2 517 791 101 26 4 v/o/z2)
5 1 1 1 23 3 859 782 10 35 61 =z
5 1 1 1 23 4 907 797 19 9 48 ~»
5 1 1 1 23 5 967 787 79 26 63 cee
5 1 1 1 23 6 1084 787 19 26 50 2
5 1 1 1 23 7 1171 809 16 2 27 -
5 1 1 1 23 8 1228 796 18 23 96 2
5 1 1 1 23 9 1453 787 75 30 38 wx
5 1 1 1 23 10 1779 787 32 25 0 o-
5 1 1 1 23 11 2088 802 14 2 42 Z
5 1 1 1 23 12 2393 804 5 11 71 d
4 1 1 1 24 0 470 778 2883 88 -1
5 1 1 1 24 1 470 814 76 2 9 TTT
5 1 1 1 24 2 629 803 11 12 9 Tt
5 1 1 1 24 3 675 838 28 18 0 )o
5 1 1 1 24 4 735 817 17 25 0 (80606
5 1 1 1 24 5 905 808 21 40 45 B
5 1 1 1 24 6 967 812 79 37 37 MSR
5 1 1 1 24 7 1084 826 19 23 8 RB
5 1 1 1 24 8 1170 814 76 34 23 FS
5 1 1 1 24 9 1312 810 48 33 52 BB
5 1 1 1 24 10 1451 819 24 31 28 OF
5 1 1 1 24 11 1509 815 18 20 0 ES
5 1 1 1 24 12 1545 804 93 46 0 Ty
5 1 1 1 24 13 1779 809 15 35 33 2
5 1 1 1 24 14 1918 811 73 40 31 Hz
5 1 1 1 24 15 2088 805 37 37 64 48
5 1 1 1 24 16 2393 790 36 54 46 is
5 1 1 1 24 17 2518 778 106 88 85 AN
5 1 1 1 24 18 2680 836 4 15 43 1
5 1 1 1 24 19 2782 820 126 10 35 ee
5 1 1 1 24 20 3023 807 63 34 13 Le
5 1 1 1 24 21 3319 819 34 26 87 m
4 1 1 1 25 0 491 836 2207 28 -1
5 1 1 1 25 1 491 853 10 6 11 mam
5 1 1 1 25 2 521 853 81 7 38 oleltc
5 1 1 1 25 3 1228 843 46 13 33 rm
5 1 1 1 25 4 1314 839 40 25 55 DBD
5 1 1 1 25 5 1398 838 13 25 24 nm
5 1 1 1 25 6 1777 836 13 25 49 Ss
5 1 1 1 25 7 1976 850 15 8 48 =
5 1 1 1 25 8 2109 844 16 17 81 2
5 1 1 1 25 9 2498 846 5 5 0 ,
5 1 1 1 25 10 2695 855 3 1 6 -
4 1 1 1 26 0 479 836 2874 87 -1
5 1 1 1 26 1 479 850 164 51 25 HiRes
5 1 1 1 26 2 675 845 77 40 41 os
5 1 1 1 26 3 849 847 77 51 78 8
5 1 1 1 26 4 889 837 60 71 80 F
5 1 1 1 26 5 997 846 108 35 37 SES
5 1 1 1 26 6 1169 850 20 39 0 3
5 1 1 1 26 7 1255 852 215 31 0 *ReSseb
5 1 1 1 26 8 1445 837 48 71 22 2
5 1 1 1 26 9 1545 841 141 48 0 Gigi
5 1 1 1 26 10 1693 837 25 71 0 |
5 1 1 1 26 11 1779 851 14 11 63 *
5 1 1 1 26 12 1918 856 10 41 0 w)
5 1 1 1 26 13 1977 859 14 10 31 ©
5 1 1 1 26 14 2088 844 37 48 39 GE
5 1 1 1 26 15 2456 852 30 39 27 fw
5 1 1 1 26 16 2607 836 102 87 69 cs
5 1 1 1 26 17 2745 836 116 87 39 atl
5 1 1 1 26 18 2872 840 120 48 15 th
5 1 1 1 26 19 3024 843 62 35 24 Lf
5 1 1 1 26 20 3319 850 34 58 53 =
4 1 1 1 27 0 491 879 2026 29 -1
5 1 1 1 27 1 491 897 39 3 6 aa)
5 1 1 1 27 2 549 879 11 29 0 o
5 1 1 1 27 3 736 888 15 12 81 2
5 1 1 1 27 4 850 886 19 6 1 —
5 1 1 1 27 5 996 879 20 29 5 al
5 1 1 1 27 6 1170 894 19 7 37 =
5 1 1 1 27 7 1509 882 2 8 18 r
5 1 1 1 27 8 1593 888 11 11 34 =
5 1 1 1 27 9 1673 883 14 19 67 5
5 1 1 1 27 10 2444 891 12 11 0 pi
5 1 1 1 27 11 2508 888 9 12 34 a
4 1 1 1 28 0 479 869 2874 112 -1
5 1 1 1 28 1 479 876 190 80 29 Biel
5 1 1 1 28 2 675 891 27 37 0 é
5 1 1 1 28 3 735 902 17 12 42 2
5 1 1 1 28 4 1055 914 77 26 33 ee
5 1 1 1 28 5 1514 896 173 44 41 epee
5 1 1 1 28 6 1687 873 48 71 67 |
5 1 1 1 28 7 1918 903 10 20 50 ;
5 1 1 1 28 8 2405 869 76 75 80 AS
5 1 1 1 28 9 2534 876 168 105 0 Coiyg
5 1 1 1 28 10 2734 876 134 105 12 Ha]
5 1 1 1 28 11 2879 889 116 36 13 GY
5 1 1 1 28 12 3318 923 35 30 38 5
4 1 1 1 29 0 491 931 1969 23 -1
5 1 1 1 29 1 479 931 51 17 32 35
13) S 2 o $8 z aA R peg? | |e PE 4 O
4| SO |2 eel l= ON:
Li | | Pie 5 UU ten SH: wo a 4: Leo: | |*] FI,
gels] m8 ANY Ss ET I =
3 /8/§ §la] SIR C2 \ 6 A Le lie ee =
\*{8/8| 2 yf wns J §) tt =
ol“ 2 ——— 9 , 3 S 2) 3 aye |
mig|a|4|2 5 EDGE OF CARRIAGEWAY Ss 4: ~ <*> > <2 : petal Le] | | |
P/F Rls ROAL SF LNOVOXY “> 4 erly =
seize) | loa SANS AXES ea eairaeek es, at
ges | io PF LQNABDO CRTC
aleles| | 32 PAN CORSE EE - =
Bee | (Fs BORO, I
4 1 1 1 43 0 480 1294 2873 69 -1
5 1 1 1 43 1 480 1309 163 36 3 Sgieiels|
5 1 1 1 43 2 699 1325 52 12 24 ai
5 1 1 1 43 3 1832 1306 9 17 33 :
5 1 1 1 43 4 1991 1290 58 69 36 gir
5 1 1 1 43 5 2215 1298 110 65 40 EX
5 1 1 1 43 6 2520 1311 60 22 23 Ls
5 1 1 1 43 7 2810 1294 104 69 44 eli
5 1 1 1 43 8 3319 1308 34 37 0 o
4 1 1 1 44 0 470 1331 2346 39 -1
5 1 1 1 44 1 470 1357 2 2 91 |
5 1 1 1 44 2 517 1339 126 24 0 |<|/Z2\lo
lalaisielel (Elz Hes ZA OXON) “eee OH m
> Js s Yoox 7 i
\s|4) |ols i, O\Y x KS ?_3L2_| - Zz
4 lele| | 2 He AS Sworn,” (ila, | 9
3 lols 0 > Lib , J % IN aE \ ||
>| |Dig 22 a3 L\2\ ay ON IPR BS Se 4 | |
a Be | Be P.O COOOL AG a ee 5
& g is AS KY XE y K,7 \\ : a - m
2 = JON: 3 ¥ ; \ \ I -
ae bh FA RYOSES < be Sr FS z
mA m3 (4 7 & R SS SLSSA _ T
zi< / 4 Y ee * FO oO
zB) rim l\“<gy Ss i y\ on i “
=) : eo 4 « } WD aH >
Blo |S) oer ey *, BY ys NS NB +
S| om 6 vo ve ey +3 Nl gs rN |
ale zigms oe > OO YK NOR eet
z : =) 89s er <O a WX? DQ 3 rks eg | |
; ais Ai <gF mem z eS er hy . eS :
|? = wer Bo a x o y SS .
m yee oO # , oil | -
SO Fr ees <SSs 35° VPI TRO IOs
rm) 4] y |2\2 RS ~ ma OS AY/Y/\ 4 3 y 3S LD |
° oc ~ * S > 5
Zz} Oo |e/o 3 \~_ zm <> ¢ 5 5 WK
OO 6 2\° ~~ A CxS & i
> Sey e i 5
A . EARS we t SS ; oa
U 3 > fa O4n ONS \~ S a8
p filet STs | | re W/hs i mm e
© Wing ww I/e | q
© aeaze 7 sv/és i Cc
on Hu gS % maw | () <
° aes 38 S the —~ m
8eg8 SS 2 :
= gave 5 °
o —_
“I coSection 56
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Page 56 of 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
DRAINAGE EASEMENT
KY
», 4 ye
Le
x6
yy, N / 7
4 AQ
C =
Ly
NOG
2
uy
g
&
Ly
- / a
“my
4G /)
< 4 ROOF OVERHANG
Cc py OPEN SPACE / LIVING WITHIN SETBACK
, AREAS TO NORTHERN.
4 |; POSSIBLE
PART OF SITE WHERE \
\ 15 ] 18,000mm MINIMUM
4 e |i iS
i. 8 : Max. Cover 65.0% Total i is
L / “ih . 8
«||
FIRE RATED WALL 60/60/60
Gorge to Boundary
ae SITING CONSTRAINTS
SCALE 1:500 (@ A3)
DRAWING REFERENCE No. HOUSE TYPE / VARIATION DEVELOPMENT NAME DRAWN
raat em rman ec CO-003-2017 sueee MHE COOROY SC PaimLake
“outa cna fowth Al EXPANSION SITE liana | sc LOT 20 «Lor 101 spes876e
one
5 1 1 1 39 2 409 3049 17 25 39 a7
5 1 1 1 39 3 437 3048 23 27 35 582
5 1 1 1 39 4 464 3043 28 43 63 108
5 1 1 1 39 5 498 3043 30 43 50 FAX.
5 1 1 1 39 6 528 3043 18 43 28 U7
5 1 1 1 39 7 545 3048 37 27 50 S882
5 1 1 1 39 8 590 3048 28 26 11 DF
5 1 1 1 39 9 774 3039 23 30 46 Bl]
5 1 1 1 39 10 834 3047 94 23 0 oewsese
5 1 1 1 39 11 938 3034 22 43 0 —
5 1 1 1 39 12 976 3040 75 25 0 lavane|
5 1 1 1 39 13 1074 3051 24 15 56 Es
5 1 1 1 39 14 1103 3034 29 43 96 |
5 1 1 1 39 15 1138 3051 72 15 83 STREET
5 1 1 1 39 16 1227 3040 122 29 83 |TRADING
5 1 1 1 39 17 1371 3049 67 20 90 POST
5 1 1 1 39 18 1461 3049 31 20 96 RD
5 1 1 1 39 19 1752 3022 53 38 89 03
5 1 1 1 39 20 1950 3047 79 43 0 “counnt
5 1 1 1 39 21 2028 3047 51 43 37 conan
5 1 1 1 39 22 2082 3047 37 43 12 Tove
4 1 1 1 40 0 362 3075 1794 42 -1
5 1 1 1 40 1 362 3075 60 42 16 vide
5 1 1 1 40 2 430 3081 169 27 0 Lapel
5 1 1 1 40 3 794 3075 3 4 82 |
5 1 1 1 40 4 976 3076 3 3 87 |
5 1 1 1 40 5 1048 3076 3 3 90 |
5 1 1 1 40 6 1125 3086 82 17 51 suBURB
5 1 1 1 40 7 1227 3076 110 29 88 |COOROY
5 1 1 1 40 8 1932 3070 85 50 0 rosoesam
5 1 1 1 40 9 2016 3070 67 50 0 ceueae
5 1 1 1 40 10 2087 3070 50 50 28 seas
4 1 1 1 41 0 1048 3094 1096 56 -1
5 1 1 1 41 1 1048 3112 3 3 65 |
5 1 1 1 41 2 1127 3122 75 17 65 Pcone
5 1 1 1 41 3 1227 3112 75 38 79 |4563
5 1 1 1 41 4 1369 3121 131 20 89 STATE|QLD
5 1 1 1 41 5 1805 3094 56 38 81 03
5 1 1 1 41 6 2126 3110 21 40 8 a,
4 1 1 1 42 0 1954 3315 289 44 -1
5 1 1 1 42 1 1954 3315 105 44 96 Page
5 1 1 1 42 2 2074 3316 49 34 96 56
5 1 1 1 42 3 2138 3315 43 35 96 of
5 1 1 1 42 4 2194 3316 49 34 96 97Section 57
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
4 MCU18/0004 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
ENTERTAINMENT & DINING BUSINESS - TYPE 1 (FOOD & BEVERAGE) AT 56 MAIN
STREET, KIN KIN
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/Application/MCU18/0004
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Jodie Alice Williams
Proposal Material Change of Use - Entertainment & Dining Business - Type 1
Food & Beverage
Properly Made Date 1 February 2018
Information Request Date 22 February 2018
Information Response Date 30 April 2018
Decision Due Date 22 June 2018
PROPERTY DETAILS
Property Address 56 Main St Kin Kin 4571
RP Description Lot 5 RP 809995
Land Area 1754 m²
Existing Use of Land General store/post office
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production
Locality Boreen Point, Kin Kin and Cootharaba
Zone Village Mix Zone
Overlays N/A
Assessment Type Code
Page 57 of 97
Section 58
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 12 June 2018 regarding Application No. MCU18/0004 for a
Development Permit for Material Change of Use for an Entertainment & Dining Business - Type 1
(Food & Beverage) situated at 56 Main St, Kin Kin and:
A. Approve the application and a mobile post office in accordance with the following
conditions:
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 Plan
2. Development undertaken in accordance with this approval must generally comply
with the approved plan of development. The approved plan is listed in the following
table and may be further amended by these conditions.
Plan No. Rev. Plan/Document Name Date
Job number 15005 A1 C SITE PLAN 30.07.2017
Job number 15005 A2 C FLOOR PLAN 30.07.2017
Job number 15005 A3 C ELEVATIONS AND SECTION PLAN 30.07.2017
Nature and Extent of Approved Use
3. The use of new undercover dining area must not operate outside of the hours 7am –
10pm and be used a maximum of three days per week.
4. Patrons in the new undercover dining area must not exceed 60 persons.
5. Patrons on the existing deck dining area must not exceed 40 persons.
6. The new undercover dining and link-way areas must be in accordance with the
approved plan, with no more than 192m2 used for dining.
7. Service vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 6am to 6pm Monday to Saturday, and
not at all on Sundays or public holidays.
Noise
8. External speakers or amplified music are not permitted.
9. Refuse disposal, particularly glass bottles and the like, must be considerate of noise
at all times.
10. Management must ensure patrons leave the premises and street frontage promptly
after nightly closing time and do not mingle or otherwise cause noise nuisance.
11. Noise emissions from any new air-conditioning and refrigeration equipment
associated with the development shall comply with the following requirements:
a. 7am to 10pm: Background + 5dB(A)
b. 10pm to 7am: Background + 3dB(A)
Page 58 of 97
Section 59
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
WASTE
Waste Disposal
12. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial
and Industrial Premises”. The facilities must include an external impervious area
correctly sized for all refuse and recycling containers and suitably screened from
public places and neighbouring properties. 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 must be designed to prevent storm water entry to the sewerage system. This
can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max
0.5m²), or alternatively the waste area can be roofed, or any other design approved
by Council.
13. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
14. Public bins must be provided to reduce littering. All bins provided must be for refuse
and recycling and be decanted into the bulk bins by the site operators.
ENGINEERING
Site Access and Driveways
15. Sealed access driveways must be maintained from Main Street to all parking and
manoeuvring areas of the development.
Car Parking
16. A minimum of 5 car parking spaces must be provided and marked on the site and
made available and accessible at all times while the use is open for business. The
carparking must include in particular:
a. provision of vandal resistant public lighting with intensities to satisfy the
requirements of Australian Standard AS1158: Public Lighting Code
b. 1 disabled parking space/s within the total
c. dimensions, crossfalls and gradients in accordance with the relevant Australian
Standard (AS/NZS2890.1:2004 for staff and customers, AS/NZS2890.6:2009
for people with disabilities).
17. 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.
Stormwater Drainage
18. Stormwater runoff from the development must be disposed of on-site without causing
scour or damage to the subject site or any adjoining property.
Earthworks and Retaining Walls
19. All earthworks and associated batters 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.
Page 59 of 97
Section 60
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Damage to Services and Assets
20. 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.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The application seeks to increase the amount of seating associated with the Kin Kin General
Store from 19 to 40 persons, develop a 30m2 undercover barbeque cooking area and 130m2 of
undercover dining area. The undercover dining area will be used for dining and functions for up
to 60 people. The proposal also includes a 62m2 link-way connecting the existing building to the
new undercover dining area, a 13m2 structure on the existing hardstand area for Australia Post
mail collection and a 13m2 shipping container is proposed for storage purposes. The total area for
all of the proposed structures is 248m2.
Documentation provided by the applicant advises:
……Looking at extending existing deck dining from 19 people to 40 people. This will allow
extra Sunday Breakfast diners.
The Kin Kin General Store also requesting new additional undercover dining for a
maximum 60 people for back function barn area giving weather proof structure for diners to
sit under. This area is for LIMITED Use. The limited use would be for Casual dining twice
a week would fit 30 - 40 people every Friday 5:30pm - 9pm, and again for 40 -
60 people every Sunday 12- 3pm. The third function service for the week would be for
group bookings and would need to be flexible.
Being either weekday or Saturday lunch or Saturday dinner, but will not exceed 60 people
and will be one 3.5 hours service for the whole week.
An Entertainment and Dining Business Type 1 is a consistent use within the Village Mix Zone
which requires Code Assessment.
The matter is before Council as the applicant seeks a pro-rata application of the Infrastructure
Charges based on the limited time that the proposed new area will be used and variation to on-
site car parking requirements.
The following images detail the location of the site and plans detailing the proposal:
Page 60 of 97
Section 61
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Figure 1: Site location
Figure 2: Site location
Page 61 of 97
Section 62
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Figure 3: Proposed layout
Figure 4: Elevation of barn and link-way
Page 62 of 97
Section 63
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
2. SITE DETAILS
2.1. Background
A development approval for a service station, shop and dwelling was issued for the premises in
1993 (3B-3080). A further approval was given for an outdoor eating area in 1996 (3B-446). The
approval limited the floor area of the outdoor seating area to 50m2 and a maximum of 19 seats.
The following image details the approved plan for development approval 3B-446.
Figure 5: Approved plan for development approval 3B-446
The site currently operates as the Kin Kin General Store servicing the local community with a
range of grocery items and post office service. A restaurant/café also operates on site.
2.2. Site Description
The site is a square shaped lot situated within Main Street and is approximately 1752 m2 in area.
A building is situated in the north-west corner of the site. A deck to the front of the building is
adjacent to the front boundary. A separate building is situated to the rear of this building and
provides ablution facilities.
To the east of the main building is a concrete pad which provides an area for car parking. To the
rear of the concrete pad is a large open area which is surfaced by a combination of grass, paving
and concrete.
Page 63 of 97
Section 64
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
2.3. Surrounding Land Uses
The site is surrounded by a mix of differing land zones and land uses. Properties to each side of
the subject site and properties on the opposite side of Main Street are all zoned Village Mix. The
Rural Settlement Zone applies to the land to the rear of the site, the Detached Housing Zone and
the Community Services Zone applies to properties further west of the site. The Rural Zone,
Open Space Recreation and Open Space Conservation Zones apply further afield. The closest
dwelling is approximately 50 metres from the proposed use area.
The properties surrounding the subject site are used as follows:
North: Residential dwelling
South: Rural Settlement zoned land of approximately 10 hectares in area, a dam has been
developed adjacent to the common boundary
East: Telstra land and privately owned land which has not been developed
West: Real estate agent’s office
3. ASSESSMENT
3.1. 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;
The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Regional Landscape and Rural Production Area of the SEQ
Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the
application:
SEQ Development Area
The proposal is for urban activity within the Regional Landscape and Rural Production Area and
is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the
SEQ Development Area which allows for limited commercial and retail activity.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
Boreen Point, Kin Kin and Cootharaba Locality Code
Business Uses Code
Landscaping Code; and
Engineering Works Code
Page 64 of 97
Section 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
The Entertainment and Dining Business Type 1 is a consistent use within the Village Mix Zone.
The proposed use contributes to the commercial activity within the main street of Kin Kin and
caters to the needs of visitors and visitors to the area.
The form of the proposed barn style structure will not dominate the streetscape as it is setback
approximately 18 metres from the front boundary, has a modest height and is characteristic of
the rural style surrounds.
The application has been assessed against each of the above applicable codes. The pertinent
issues arising out of the assessment against the codes are discussed below:
Car parking
With regards to car parking the applicant advises:
Requesting a relaxation of car parks as Kin Kin Village, many staff walk or ride bikes to
work. Weekend junior staff get dropped off by parents. Functions will be encourage to
participate in bus transport packages.
The existing development, pre the proposed additions, comprises approximately 133m2 of use
area within the building and 50m2 of outdoor dining, totalling 183m2. One off street car parking
space was required under the existing approval
The proposal seeks to increase the use area by an additional 218m2 attributed to the undercover
dining area, the link-way, post office and shipping container. The barbeque cooking area does
not contribute to the calculation of use area for the purposes of car parking calculation, being
excluded by the Driveways and Car Parking Code. In the Village Mix Zone one car space is
required per 20m2 of use area and therefore the development requires an additional 11 car
spaces.
Therefore, a total of 12 car spaces are required for the existing and proposed development. The
proposed plans detail 5 car parking spaces on the existing concrete hardstand and a disabled
space adjacent to the western side of the existing building.
There is currently low demand for car parking within Main Street and the surrounding area. The
proposed use will have limited impact on the surrounding area with sufficient on street car
parking available.
It is therefore recommended that the shortfall of car parking be waived as opposed to
contributions being obtained. The application was lodged on 1 February 2018 at which time the
formation of a contributions in lieu of car parking policy was in its initial stages. The car parking
policy recommends that contributions that would ordinarily be payable in the Kin Kin locality be
waived in principle and for the time being to promote business activity and job creation. In this
instance it is recommended that car parking contributions be waived to contribute to business
growth and job creation within Kin Kin.
Council’s Development Engineer has advised the proposed disabled space does not comply with
the relevant requirements. Accordingly, it is recommended that a condition of the approval be
included requiring the disabled car space to comply with the relevant Australian standards.
Noise
The introduction of an undercover dining area on the site introduces new noise sources. The
applicant advises that….
There are no plans for music as such, but if any we may consider acoustic guitar. Not
amplified. Our garden and planting will buffer any noise created by customers talking. We
are looking one night a week, maybe 2 maximum, but our guests are early to leave. Our
business closes doors at 10pm so we like them gone by 9pm….to allow the final clean up.
Outcome O20 of the Business Uses Code requires:
Development is designed and sited to avoid noise emissions that unreasonably diminish the
amenity of the area or surrounding uses.
Page 65 of 97
Section 66
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
The Boreen Point, Kin Kin and Cootharaba Locality Code similarly seeks to protect the amenity
of existing residents.
The applicant was not required to provide an acoustic report as it was considered that the
proposed hours, nature of use and the separation of the proposed use area from the closest
dwelling (50 metres) ensures that suitable conditions can be applied to maintain the amenity of
nearby residents.
In summary it is considered that the proposed use and development are suitable for the site and
will not detract from the amenity of the local area as a result of car parking and noise.
Infrastructure Charges
The applicant has request that reduced Infrastructure Charges be applied based on a pro-rata
rate reflective of the amount of time the proposed areas are to be used.
The applicant has included the following grounds as justification for the reduced charges:
The Kin Kin General Store also requesting new additional undercover dining for a
maximum 60 people for back function barn area giving weather proof structure for diners to
sit under. This area is for LIMITED Use.
The limited use would be for Casual dining twice a week would fit 30 - 40
people every Friday 5:30pm - 9pm , and again for 40 - 60 people every Sunday 12-
3pm. The third function service for the week would be for group bookings and would need
to be flexible.
Being either weekday or Saturday lunch or Saturday dinner, but will not exceed 60 people
and will be one 3.5 hours service for the whole week. This one flexible function for the
week will be recorded in our Team Up Calendar that is currently accessible by all our staff
and we are happy to give access to Noosa planning department where the weekly function
will be clear in dates, times, and customer numbers for transparency.
Total operating hours of café is approx. 77 hours a week Total new barn usage would
total 10 hours a week.
Total breaky/lunch/dinner services per week Total 15 - 16 food services. (open 7 days
Breakfast and Lunch plus open one dinner service every Friday Night and once a month on
a Saturday night.) Total number of food services needed for new undercover dining
is only 3 food services per week (Friday Night, Sunday Lunch and One other day.)
We are requesting this new back area infrastructure fees be reduced based on usage as
the business does not need the space during the week and other reasons listed below.
Breezeway and BBQ not for under cover dining. The breezeway is for weather proof
access between the two buildings when wet and windy.
Deck and back barn area will NOT operate at the same time. eg Sunday Breakfast on
deck only, followed by Sunday Lunch out the back barn area where tables are set ready
for lunch.
We are trying maintain current employment and future employment growth. Great training
ground for local junior staff, great ways for mums to do a few shifts to top up income. We
have had 10 trainees complete certificates and some starting trades.
Our Current seating is excessive during the week, but more is needed on weekends when
trade increases.
In Kin Kin We do not have the ability to turn tables over compared to similar businesses in
Noosa high traffic areas (eg Hastings St, Gympie Terrace, Other popular tourist spots). We
are lucky to achieve 50 % bum to seat occupancy with current seating during the week,
but need 3 x the seating on Sunday as locals and some tourists venture out to the quiet
countryside. Long way to drive if we have no tables available. The Country drive and
trails are a wonderful assets, but we need places to visit, a draw card. This will help ease
congestion in peak tourism season. Clientele will be limited to drivers.
Page 66 of 97
Section 67
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Prorata use of dining will be up re enforced by way of gates and fenced off area only
opened in allocated operation times. We do not need or want customers sitting out the
back unless part of the 3 allocated times per week…… This restricted area will only work
as the function or the two casual dining times in allocated times listed above.
We are not just a shop, we are .......
A place to pick up bread milk, groceries (There are not many little shops left....there
is a reason for that.)
A community meeting place.
Business meeting place.
Elderly local lady's social group (they keep an eye on each other and quickly follow
up is someone misses a Tuesday or Friday)
Primary school children wait here for parents to finish work,
Couples drop point for separated families.
Local Pound / RSPCA .
any dogs found end up here...locals always call us is any animals go missing
any horses/ cows out.....you guessed it. call the shop! I must admit sometimes they
have been our cows.
The list goes on.
Unfortunately the total size of this structure is considered undercover dining
space. Because there is no walls......a large over hang is needed to protect customers
from the elements. The edges of the undercover space is for driving rains and afternoon
summer sun, not more tables. There is no allowance for this in current assessment.
The application proposes 248m2 of additional gross floor area which would result in an
Infrastructure Charge of $38,397.
The application will result in an additional 235m2 of additional impervious area resulting in an
additional charge of $2,373 towards trunk stormwater.
The total applicable Infrastructure Charge for the proposed development is $40,770.
In circumstances where a use is proposed to be used for limited hours a pro-rata rate has been
applied and a condition has been included in the development approval to limit the days of use.
In this instance it is proposed that the new dining area would be used up to three separate days
per week. On this basis this equates to 3/7ths of a week. 3/7ths of the full Infrastructure Charge
is $17,472.
It is recommended that the pro-rata application fee be supported as this in consistent with how
similar circumstances have been addressed in the past and will provide the business with the
opportunity to continue to grow and provide local employment within Kin Kin. A condition is
recommended which limits the use of the new undercover dining area to three days per week. If
the business were to seek to expand the number of days which this area is to be used the
approval would require amendment and an updated Infrastructure Charge would be applied.
Page 67 of 97
Section 68
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
4. CONSULTATION
4.1. Referral Agencies
The application was not required to be referred to any Referral Agencies:
4.2. Other Referrals
The application was forwarded to the following internal Council officers:
Development Engineering – car parking
5. CONCLUSION & REASONS FOR DECISION
The application is for a consistent food and beverages use within the Village Mix Zone. The
proposed use raises no planning concern as the amenity of the surrounding area can suitably be
addressed by relevant conditions. The applicant’s request for a pro-rata application of
Infrastructure Charges is supported due to the limited use of these areas and waiving of
contribution in lieu of the shortfall in car parking to enable a commercial operation to continue to
grow and provide local employment opportunities in the hinterland.
The application is recommended for approval, subject to conditions.
Departments/Sections Consulted:
Chief Executive Officer x Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
x Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 68 of 97
Section 69
ATTACHMENT 1
Page 69 of 97
1 4 6 7 ATTACHMENT 1
—— Dale __pignature | cneckea
N S PI PRELIMINARY ISS! 05.09.15 AW
bss PER oO
| | DRIVEWAY, A FOR BULDIIG APPROVAL 25.10.15 AW
8 FOR BUILDING APPROVAL 2810.15 AW
A STREET CARPARKING. c FOR BUNIDING APPROVAL 3007.17 AW A
EXISTING
ORIVEWAY. LEGEND
pee ato
— poor f-——-—-—-—— SS re AX. Max
! { i ee OR NORZONTAL
DISABLED CAR i ~ Mem? REINFORCEMENT
SPACE 4m WIDE | ST HOLD DOWN
/ iss STAINLESS STEEL
Bh, Sa ER
B | EXISTING CONCRETE HARDSTANO } =" GONSIMUGTION BREW B
| & f ye «UNDERSIDE
Ss PROPOSED
| s CARPARKING,
~ | = t PROPOSED MOBILE
2 2
2 & 7} POST OFFICE.
t
ee i
| / | | TO STAIRS: 1 2 3 4 5 | BUILDING
LILIA Li
ENTRANCE
| | BEQAREA SEE CETAIL 777¢ ¢ 7° SN ; OWNERS DETAILS. APPROVAL
- woo ce ner e- = NEW WATER TANK 10
am s9UU 5 6600 / '
C ——— a — NOT FOR CONSTRUCTION C
POPES SEE 2760 z /
+7500 YY Notes
Ro
7 3630 s 2 | £6000 ~—~..._ALL WORKMANSHIP AND MATERIALS SHALL BE IN ACCORDANCE WITH RELEVANT CURRENT S.A.A. CODES ANO
X S | | | STATUTORY AUTHORITIES REQUIREMENTS,
Vy TLE 4 %|'© 3700 i 3700 e| i ALL CONSTRUCTION TO COMPLY WITH THE AUSTRALIAN BUILDING CODE REQUIREMENTS AND RELEVANT AUSTRALIAN
wo
OILS. St es 1 | | J | STANDARDS.
1 et] i BUILOER MUST CHECK ALL BCUNDARY LINES & PEGS BEFORE COMMENCEMENT OF ANY BUILDING WORK, CONFIRM
| | | 2 | ALL DIMENSIONS & LEVELS ON SITE PRIOR TO COMMENCEMENT OF ANY WORK OR ORDERING MATERIALS.
PROPOSED UNDERCOVER LINKWAY AREA. — 2 } ALL BOUNDARY CLEARANCES SHOWN ARE 10 BE VERIFIED BY BUILDER AT SETOUT AND PRIOR TO COMMENCEMENT
' CF BUILDING WORKS. ANY VARIATION OF SETOUT MUST REMAIN WITHIN COUNCIL'S MINIMUM REQUIREMENTS.
NEW SHIPPING |
TAINER FOR 4 1 1 1 47 0 732 1352 2071 85 -1
5 1 1 1 47 1 732 1352 4 85 92 |
5 1 1 1 47 2 1303 1370 76 50 0 Sioce
5 1 1 1 47 3 1419 1374 12 17 0 .
5 1 1 1 47 4 1773 1382 16 47 63 |
5 1 1 1 47 5 1887 1382 7 26 14 !
5 1 1 1 47 6 2110 1390 101 18 96 DIMENSIONS
5 1 1 1 47 7 2224 1390 40 18 96 TAKE
5 1 1 1 47 8 2276 1390 108 18 96 PREFERENCE
5 1 1 1 47 9 2396 1390 44 18 96 OVER
5 1 1 1 47 10 2451 1390 52 18 77 SCALE.
5 1 1 1 47 11 2532 1390 22 18 65 DO
5 1 1 1 47 12 2565 1390 33 21 65 NOT
5 1 1 1 47 13 2610 1390 51 21 91 SCALE
5 1 1 1 47 14 2675 1390 30 18 91 OFF
5 1 1 1 47 15 2716 1389 87 22 88 DRAWINGS
4 1 1 1 48 0 442 1420 2098 40 -1
5 1 1 1 48 1 442 1420 290 40 0 ieeepraenmaaraan
5 1 1 1 48 2 1788 1428 3 23 88 |
5 1 1 1 48 3 2110 1438 87 18 67 DRAWINGS
5 1 1 1 48 4 2209 1438 20 18 93 TO
5 1 1 1 48 5 2239 1439 20 17 92 BE
5 1 1 1 48 6 2272 1438 82 18 92 CERTIFIED
5 1 1 1 48 7 2366 1438 22 18 91 BY
5 1 1 1 48 8 2398 1438 46 18 91 RPEQ
5 1 1 1 48 9 2455 1438 85 18 67 ENGINEER.
4 1 1 1 49 0 732 1451 2431 57 -1
5 1 1 1 49 1 732 1454 4 44 67 |
5 1 1 1 49 2 1681 1451 5 47 86 |
5 1 1 1 49 3 1868 1482 144 26 34 7—PROPOSED
5 1 1 1 49 4 2023 1482 50 18 95 BARN,
5 1 1 1 49 5 2110 1486 65 18 66 ENSURE
5 1 1 1 49 6 2190 1486 28 18 96 THE
5 1 1 1 49 7 2230 1486 70 18 95 GROUND
5 1 1 1 49 8 2312 1486 48 18 94 LEVEL
5 1 1 1 49 9 2372 1486 51 18 94 FALLS
5 1 1 1 49 10 2434 1485 47 20 96 AWAY
5 1 1 1 49 11 2492 1486 46 18 96 FROM
5 1 1 1 49 12 2551 1486 28 18 96 THE
5 1 1 1 49 13 2592 1486 76 18 96 BUILDING
5 1 1 1 49 14 2679 1486 34 18 96 LINE
5 1 1 1 49 15 2725 1486 33 18 92 FOR
5 1 1 1 49 16 2771 1487 71 17 92 1000mm
5 1 1 1 49 17 2854 1486 91 18 94 PERIMETER
5 1 1 1 49 18 2958 1486 19 18 96 OF
5 1 1 1 49 19 2991 1486 29 18 96 THE
5 1 1 1 49 20 3032 1486 80 18 94 BUILDING,
5 1 1 1 49 21 3125 1486 38 18 95 WITH
4 1 1 1 50 0 1860 1509 769 40 -1
5 1 1 1 50 1 1860 1509 11 40 54 |
5 1 1 1 50 2 2110 1511 29 16 92 MIN
5 1 1 1 50 3 2150 1511 39 16 92 FALL
5 1 1 1 50 4 2202 1511 36 16 95 1:10
5 1 1 1 50 5 2249 1511 21 16 95 TO
5 1 1 1 50 6 2280 1511 66 16 96 ENSURE
5 1 1 1 50 7 2359 1511 88 17 96 ADEQUATE
5 1 1 1 50 8 2459 1510 89 19 95 DRAINAGE,
5 1 1 1 50 9 2559 1510 36 17 94 MAX
5 1 1 1 50 10 2607 1511 22 16 94 1:1
4 1 1 1 51 0 1585 1515 1563 72 -1
5 1 1 1 51 1 1585 1555 7 7 0 :
5 1 1 1 51 2 1650 1515 36 72 24 al
5 1 1 1 51 3 1728 1519 62 47 20 -
5 1 1 1 51 4 1854 1550 9 30 76 }
5 1 1 1 51 5 2110 1558 56 18 92 HOUSE
5 1 1 1 51 6 2178 1557 55 19 92 SEWER
5 1 1 1 51 7 2245 1558 106 18 92 CONNECTION
5 1 1 1 51 8 2363 1558 14 17 92 &
5 1 1 1 51 9 2387 1558 41 17 96 MAIN
5 1 1 1 51 10 2439 1558 82 18 96 LOCATION
5 1 1 1 51 11 2534 1558 20 17 82 TO
5 1 1 1 51 12 2565 1558 19 18 95 BE
5 1 1 1 51 13 2597 1558 96 18 95 CONFIRMED
5 1 1 1 51 14 2704 1557 38 19 95 WITH
5 1 1 1 51 15 2754 1558 52 18 95 LOCAL
5 1 1 1 51 16 2819 1558 94 17 96 AUTHORITY
5 1 1 1 51 17 2923 1558 49 17 96 PRIOR
5 1 1 1 51 18 2985 1558 21 17 74 1D
5 1 1 1 51 19 3017 1558 131 18 94 CONSTRUCTION.
4 1 1 1 52 0 1774 1582 1392 18 -1
5 1 1 1 52 1 1774 1582 11 15 25 A
5 1 1 1 52 2 2110 1582 127 18 95 UNDERGROUND
5 1 1 1 52 3 2249 1582 67 18 95 SERVICE
5 1 1 1 52 4 2329 1582 94 18 96 LOCATIONS
5 1 1 1 52 5 2434 1582 31 18 96 ARE
5 1 1 1 52 6 2479 1582 116 18 96 APPROXIMATE
5 1 1 1 52 7 2607 1582 44 18 93 ONLY
5 1 1 1 52 8 2662 1583 13 17 90 &
5 1 1 1 52 9 2687 1582 66 18 92 SHOULD
5 1 1 1 52 10 2765 1582 19 18 94 BE
5 1 1 1 52 11 2797 1582 72 18 96 VERIFIED
5 1 1 1 52 12 2881 1582 22 18 96 BY
5 1 1 1 52 13 2913 1582 53 18 94 LOCAL
5 1 1 1 52 14 2979 1582 93 18 94 AUTHORITY
5 1 1 1 52 15 3083 1582 49 17 95 PRIOR
5 1 1 1 52 16 3145 1582 21 18 95 TO
4 1 1 1 53 0 1660 1572 125 34 -1
5 1 1 1 53 1 1660 1572 50 22 95 7100
5 1 1 1 53 2 1775 1601 10 5 0 i
4 1 1 1 54 0 1617 1596 621 49 -1
5 1 1 1 54 1 1617 1618 21 27 33 3
5 1 1 1 54 2 1844 1596 83 45 77 142800
5 1 1 1 54 3 2110 1606 128 18 91 CONSTRUCTION
4 1 1 1 55 0 1616 1635 1472 44 -1
5 1 1 1 55 1 1616 1640 20 39 47 3S
5 1 1 1 55 2 1836 1635 11 40 0 }
5 1 1 1 55 3 2110 1654 75 18 95 DRAWING
5 1 1 1 55 4 2196 1654 79 17 96 SYMBOLS
5 1 1 1 55 5 2286 1654 44 17 96 USED
5 1 1 1 55 6 2341 1654 23 17 96 ON
5 1 1 1 55 7 2376 1654 36 17 96 THIS
5 1 1 1 55 8 2422 1653 77 19 24 DRAWING
5 1 1 1 55 9 2510 1654 35 17 96 MAY
5 1 1 1 55 10 2556 1654 33 17 93 NOT
5 1 1 1 55 11 2599 1654 21 17 93 BE
5 1 1 1 55 12 2633 1655 11 13 96 A
5 1 1 1 55 13 2656 1654 41 17 96 TRUE
5 1 1 1 55 14 2709 1654 147 17 94 REPRESENTATION
5 1 1 1 55 15 2868 1654 20 17 95 OF
5 1 1 1 55 16 2901 1654 47 17 72 ITEMS
5 1 1 1 55 17 2960 1654 21 17 96 TO
5 1 1 1 55 18 2992 1653 68 18 96 INCLUDE
5 1 1 1 55 19 3072 1655 16 16 92 IN
4 1 1 1 56 0 283 1666 2331 56 -1
5 1 1 1 56 1 283 1666 18 32 92 E
5 1 1 1 56 2 1618 1672 19 14 60 +
5 1 1 1 56 3 1827 1678 12 44 52 H
5 1 1 1 56 4 2110 1678 89 17 90 CONTRACT.
5 1 1 1 56 5 2226 1677 53 18 96 REFER
5 1 1 1 56 6 2291 1678 21 16 92 TO
5 1 1 1 56 7 2323 1677 89 18 96 CONTRACT
5 1 1 1 56 8 2424 1678 32 16 96 FOR
5 1 1 1 56 9 2467 1678 84 17 92 SPECIFIED
5 1 1 1 56 10 2562 1678 52 17 93 ITEMS.
4 1 1 1 57 0 845 1713 2215 41 -1
5 1 1 1 57 1 845 1733 69 5 0 a
5 1 1 1 57 2 1085 1713 21 39 10 SC
5 1 1 1 57 3 1124 1713 73 39 5 Se
5 1 1 1 57 4 1271 1713 143 39 7 ESTEE
5 1 1 1 57 5 1456 1737 18 5 21 NS
5 1 1 1 57 6 1772 1713 72 41 26 ed
5 1 1 1 57 7 2110 1725 71 18 96 PROVIDE
5 1 1 1 57 8 2193 1725 72 18 92 EROSION
5 1 1 1 57 9 2277 1726 13 17 92 &
5 1 1 1 57 10 2300 1725 82 18 96 SEDIMENT
5 1 1 1 57 11 2394 1725 76 18 96 CONTROL
5 1 1 1 57 12 2482 1725 111 18 96 STRUCTURES
5 1 1 1 57 13 2604 1725 21 18 87 10
5 1 1 1 57 14 2636 1725 91 18 95 PERIMETER
5 1 1 1 57 15 2739 1725 20 18 95 OF
5 1 1 1 57 16 2772 1725 45 19 95 WORK
5 1 1 1 57 17 2830 1725 44 18 96 AREA
5 1 1 1 57 18 2887 1725 34 18 96 AND
5 1 1 1 57 19 2932 1725 78 18 89 MAINTAIN
5 1 1 1 57 20 3022 1726 15 16 70 IN
5 1 1 1 57 21 3049 1726 11 15 70 A
4 1 1 1 58 0 1489 1743 1202 36 -1
5 1 1 1 58 1 1489 1753 73 18 56 EMISTING
5 1 1 1 58 2 1573 1753 87 18 96 CONCRETE
5 1 1 1 58 3 1860 1743 30 36 12 ian
5 1 1 1 58 4 2110 1749 103 18 96 FUNCTIONAL
5 1 1 1 58 5 2226 1749 88 18 96 CONDITION
5 1 1 1 58 6 2326 1749 22 18 96 AS
5 1 1 1 58 7 2359 1749 83 18 96 REQUIRED
5 1 1 1 58 8 2453 1750 22 17 96 BY
5 1 1 1 58 9 2487 1749 29 18 96 THE
5 1 1 1 58 10 2528 1750 53 17 96 LOCAL
5 1 1 1 58 11 2593 1749 98 18 91 AUTHORITY.
4 1 1 1 59 0 1489 1753 622 48 -1
5 1 1 1 59 1 1489 1778 56 18 95 WATER
5 1 1 1 59 2 1557 1778 47 16 75 TANK.
5 1 1 1 59 3 1915 1753 196 48 17 ie
4 1 1 1 60 0 360 1882 319 20 -1
5 1 1 1 60 1 360 1882 124 20 92 ANTHONY
5 1 1 1 60 2 493 1882 14 20 92 F
5 1 1 1 60 3 515 1882 164 20 91 McDONOUGH
4 1 1 1 61 0 362 1917 2543 49 -1
5 1 1 1 61 1 362 1917 108 46 96 BUILDER
5 1 1 1 61 2 811 1927 113 23 96 PROPOSED
5 1 1 1 61 3 939 1927 57 23 92 BARN
5 1 1 1 61 4 1011 1928 17 22 82 &
5 1 1 1 61 5 1041 1925 93 28 91 LINKWAY
5 1 1 1 61 6 1147 1927 56 23 96 AREA
5 1 1 1 61 7 1890 1920 123 46 96 PROPOSED
5 1 1 1 61 8 2016 1920 70 46 88 BARN
5 1 1 1 61 9 2089 1929 24 27 88 &
5 1 1 1 61 10 2116 1920 104 46 91 LINKWAY
5 1 1 1 61 11 2219 1920 70 46 95 ROOF
5 1 1 1 61 12 2847 1926 58 21 36 1.250
4 1 1 1 62 0 362 1960 2769 29 -1
5 1 1 1 62 1 362 1960 50 21 94 BSA
5 1 1 1 62 2 420 1960 44 21 88 LIC,
5 1 1 1 62 3 472 1960 71 21 96 65515
5 1 1 1 62 4 1775 1971 9 15 65 B
5 1 1 1 62 5 1898 1960 44 21 89 SITE
5 1 1 1 62 6 1956 1960 54 21 89 PLAN
5 1 1 1 62 7 2670 1969 72 20 55 idles:
5 1 1 1 62 8 2848 1970 12 18 75 A
5 1 1 1 62 9 3097 1970 34 18 35 ae
4 1 1 1 63 0 283 1955 2926 72 -1
5 1 1 1 63 1 283 1996 19 31 25 F
5 1 1 1 63 2 733 1955 3 67 80 |
5 1 1 1 63 3 809 1986 27 22 91 56
5 1 1 1 63 4 849 1982 66 27 91 MAINS
5 1 1 1 63 5 927 1986 84 24 92 STREET,
5 1 1 1 63 6 2653 1969 89 21 0 peton:
5 1 1 1 63 7 2862 1969 16 21 0
oS F
KIN KIN) QLO 4571 M C
t Ps
- ar F JOB NUMBER DWG No. | ISSUE
Use figured dimensions in preterence to scole. Verity PROJECT NIGEL GARDINER SHOWN ON THIS DRAWING n3 NOOSA SHIRE COUNCIL [AS|SHEET 1 OF 7 |Date.
| [| | [ ~T [T ~—T [| TT J JT 4 6 8
Page 69 of 97Section 70
Page 70 of 97
1 2 4 6 7 8
©
[RevNo [Revision note SSCSC~*~C~C*di ate’ ~_—Signcturee | Checked |
PI PRELIMINARY ISSUE 05.09.15 AW
P2 PRELIMINARY 19.09.15 AW
P3 PRELIMINARY ISSUE 510.15 AW
A FOR BUILDING APPROVAL 25.10.15, AW
B FOR BUILDING APPROVAL 2810.15 AW
A ANTHONY F McDONOUGH c FOR BUILDING APPROVAL 30.07.17 AW A
BUILDER
BSA LIC. 65515 7.9m TO SHOP WALL
STAIRS
ooo GARDEN 900 HIGH TREATED H/W
naa RETAININING WALL WITH
r—— a TK 1000 HIGH BALUSTRADE
oO oO; ,O Oo}
B | 5900 [200] PROPOSED BBQ AREA 1 R
'
' STAFF ONLY COOKING '
| ° 1 | AREA SEE LINKWAY 1
re | S| ! ENGINEERING AND '
| i | °) 1 | peta ' PARKING
1 '
NOTE:
DROPPER FROM LINKWAY ROOF TO DISCHARGE | | | 10" Fail ‘ | SULION RAFTERED ROOF | 7400
THROUGH SPREADER TO BARN ROOF. BARN | | Ig <—— ' '
GUTTER REQUIRED TO BE DESIGNED TO TAKE THE =| | \2 ' '
EXTRA WATER FROM LINKWAY ROOF AS WELL AS. | ‘ | '
THE BARN RUNOFF, DISCHARGE TO WATER TANK | ~~» | ‘ '
IN ACCORDANCE WITH COUNCIL SPECIFICATIONS | | LINK WAY ' | C/ '
C Ver) s| | C
ms] ot '
| | ‘| 4000 '
«
t
-——- Oo Or O concrere ionao 10
cee LAr td Se bs V i200 tig TREATED HW
ae | “S~_ RETAININING WALL
[Oo O ° Q] reuse 14 existing HARDWOOD TRUSSES Jere ES STS AT 1180
DOUBLED UP TO CARPORT ROOF. 200x50 WHALERS
| | ENGINEER TO CONFIRM DETAILS x
D D
| 3 BARN |
oS
=| nH o |
eee eee eee eee eee OO
L™ | *|
eo SKN S Al
| -, we | a| |
/ \> \ +
E / \ | 5900 5900 5900 | E
\
\ EXISTING WATER lo __ — — — = —— — _ _ Oe _*0) BUILDING
\ TANK OP oP
J 100 APPROVAL
\
SNL ee WATER TANK (BY FLOOR PLAN
7 DISCHARGE DOWNPIPES TO — NOT FOR CONSTRUCTION
- ~ PROPOSED BARN & LINKWAY AREA PROPOSED BARN & LINKWAY ROOF 1:100
B FLOOR PLAN les: A P41
F 56 MAINS STREET, oeeles ‘ ee F
KIN KIN QLD 4571
15005 A2 C
‘
PS
- oe : JOB NUMBER DWG No. | ISSUE
Use figured di in : te ‘ole. Verif
PO.CT we ene Som NS RAHN woxomcones —_[AS|SRRET | OF Fpote
1 3 | | | | [| [ [| [TT J J | 6 7 8
Page 70 of 97Section 71
Page 71 of 97
7 m ~ 2 ow >
2¢|*
#3 | oe2
Z| Ss
Ba), co x
ag omo ss
32 |: [7 og:
aa! g <x
=) Fe]: a a
3 |! a §
2 oO
i =
z 2
5
¥
=
7
z 3S 8B “UO
i s= 8 © >
g =2 % >
“ 9
54 2 A
m a oe
z am & 2
a G7 & m7 i.
cS cr 8
g Zz aun ;
3 =
5 : <
B >
> —sH
a
wn 7O,r7
Ysozo
anes
| |g Banae
S S258n
| S =Eus
PROBE
I 2a *
a goxs
3 sero
S Sas5
| = C 2°8
2 WSS
z Zz:
a x Oo
| [> oN
2700 3000
| & a * WY \
: 6 og =f
mM D
fp = 5 SY &e 22202
a
4 © ew 83 é
< O - A ge SESRRR| P
= Zz 8 / BS @erese|<.
- 3 5 1 1 1 59 4 1787 1990 107 91 46 bef
5 1 1 1 59 5 1977 2013 42 53 58 &
5 1 1 1 59 6 2126 2015 161 47 12 Bae
4 1 1 1 60 0 494 1997 1752 76 -1
5 1 1 1 60 1 494 1997 15 30 44 an
5 1 1 1 60 2 1875 2037 9 25 30 i
5 1 1 1 60 3 2004 2061 14 2 0 _
5 1 1 1 60 4 2126 2064 16 9 63 2
5 1 1 1 60 5 2169 2045 77 22 79 2222
4 1 1 1 61 0 484 2015 1798 109 -1
5 1 1 1 61 1 484 2015 30 45 0 ee
5 1 1 1 61 2 1063 2047 92 18 14 TD
5 1 1 1 61 3 1787 2049 87 75 43 Sif
5 1 1 1 61 4 1977 2065 42 32 35 Ra
5 1 1 1 61 5 2128 2049 77 70 24 ceed
5 1 1 1 61 6 2230 2076 17 43 30 a
5 1 1 1 61 7 2269 2061 13 44 16 :
4 1 1 1 62 0 264 2033 2023 131 -1
5 1 1 1 62 1 264 2033 25 70 64 |
5 1 1 1 62 2 492 2065 22 40 53 a
5 1 1 1 62 3 1022 2087 53 22 96 3000
5 1 1 1 62 4 1806 2072 46 92 54 HW
5 1 1 1 62 5 1979 2099 40 39 61 25
5 1 1 1 62 6 2126 2104 58 44 55 333
|2
4 1 1 1 63 0 494 2108 1690 78 -1
5 1 1 1 63 1 494 2108 20 15 63 g
5 1 1 1 63 2 1787 2121 61 65 40 SY]
5 1 1 1 63 3 1977 2136 42 34 84 38
5 1 1 1 63 4 2126 2147 58 19 39 EEE
4 1 1 1 64 0 493 2123 1526 104 -1
5 1 1 1 64 1 493 2124 22 43 92 2
5 1 1 1 64 2 844 2123 16 61 23 Nn
5 1 1 1 64 3 1787 2145 26 82 15 i
5 1 1 1 64 4 1978 2172 41 12 29 m3
4 1 1 1 65 0 827 2183 994 65 -1
5 1 1 1 65 1 827 2183 51 50 69 OO
5 1 1 1 65 2 1051 2200 18 34 77 g
5 1 1 1 65 3 1693 2218 50 19 5 rr
5 1 1 1 65 4 1796 2187 25 61 0 /]
4 1 1 1 66 0 306 2227 2013 64 -1
5 1 1 1 66 1 306 2229 15 9 70 =
5 1 1 1 66 2 867 2227 12 29 33 |
5 1 1 1 66 3 1052 2235 17 34 40 2
5 1 1 1 66 4 2304 2276 15 15 85 5
4 1 1 1 67 0 259 2240 1577 83 -1
5 1 1 1 67 1 259 2240 62 51 25 oz
5 1 1 1 67 2 1052 2269 17 38 58 8
5 1 1 1 67 3 1801 2300 35 23 82 20°
4 1 1 1 68 0 305 2293 574 37 -1
5 1 1 1 68 1 305 2293 16 34 0 ¢
5 1 1 1 68 2 837 2292 14 54 34 Mm
4 1 1 1 69 0 305 2328 574 71 -1
5 1 1 1 69 1 305 2328 16 49 75 g
5 1 1 1 69 2 823 2337 56 62 36 7
4 1 1 1 70 0 305 2378 1619 88 -1
5 1 1 1 70 1 305 2378 16 24 40 6
5 1 1 1 70 2 1319 2418 90 14 48 vooe
5 1 1 1 70 3 1672 2408 87 40 95 4340.33
5 1 1 1 70 4 1877 2397 47 69 36 I|
4 1 1 1 71 0 305 2404 1607 62 -1
5 1 1 1 71 1 305 2404 15 7 53 =
5 1 1 1 71 2 820 2408 57 36 83 <
5 1 1 1 71 3 1319 2430 65 23 15 Raa
5 1 1 1 71 4 1901 2464 11 2 0 .
4 1 1 1 72 0 824 2447 1068 47 -1
5 1 1 1 72 1 824 2447 57 35 94 >
5 1 1 1 72 2 1319 2451 86 43 0 =i<®
5 1 1 1 72 3 1830 2466 44 20 42 tt
4 1 1 1 73 0 1321 2485 38 19 -1
5 1 1 1 73 1 1321 2485 38 19 68 y=
4 1 1 1 74 0 825 2491 584 41 -1
5 1 1 1 74 1 825 2491 54 28 71 —
5 1 1 1 74 2 1319 2500 41 24 0 =’
5 1 1 1 74 3 1367 2495 42 37 0 ge
4 1 1 1 75 0 825 2523 657 74 -1
5 1 1 1 75 1 825 2523 52 6 17 Dp
5 1 1 1 75 2 940 2525 86 20 81 —
5 1 1 1 75 3 1115 2538 172 31 44 mp4
5 1 1 1 75 4 1319 2527 90 48 50 e528
5 1 1 1 75 5 1441 2568 41 29 19 w
4 1 1 1 76 0 823 2539 586 61 -1
5 1 1 1 76 1 823 2539 56 36 30 QO
5 1 1 1 76 2 919 2535 90 60 53 —
5 1 1 1 76 3 1319 2571 90 29 0 Aaoe
4 1 1 1 77 0 303 2569 2030 99 -1
5 1 1 1 77 1 303 2594 22 17 54 ~
5 1 1 1 77 2 838 2573 27 52 72 Zz
5 1 1 1 77 3 1033 2579 52 51 91 3300
5 1 1 1 77 4 1185 2583 73 51 64 |_|
5 1 1 1 77 5 1277 2569 10 62 84 |
5 1 1 1 77 6 1344 2586 138 47 3 522m
5 1 1 1 77 7 2294 2616 39 52 33 NY
4 1 1 1 78 0 300 2599 1182 92 -1
5 1 1 1 78 1 300 2599 23 44 46 js
5 1 1 1 78 2 1187 2626 33 65 51 |
5 1 1 1 78 3 1225 2631 28 56 51 |
5 1 1 1 78 4 1277 2630 6 57 80 |
5 1 1 1 78 5 1345 2630 64 33 65 222
5 1 1 1 78 6 1440 2636 42 31 0 1EQ
4 1 1 1 79 0 303 2654 1179 66 -1
5 1 1 1 79 1 303 2654 20 32 24 2
5 1 1 1 79 2 484 2654 21 28 0 g
5 1 1 1 79 3 1286 2686 1 7 37 ||
5 1 1 1 79 4 1343 2668 66 52 76 288
5 1 1 1 79 5 1416 2664 32 62 25 |
4 1 1 1 80 0 303 2680 1332 48 -1
5 1 1 1 80 1 303 2686 59 17 65 mic
5 1 1 1 80 2 488 2680 9 34 43 Qa
5 1 1 1 80 3 1346 2714 14 13 83 =
5 1 1 1 80 4 1619 2716 16 12 39 s
4 1 1 1 81 0 303 2689 1985 85 -1
5 1 1 1 81 1 303 2700 61 19 2 m|O
5 1 1 1 81 2 484 2710 15 13 35 o
5 1 1 1 81 3 1187 2689 33 65 52 |
5 1 1 1 81 4 1225 2693 28 57 52 |
5 1 1 1 81 5 1270 2692 13 58 81 |
5 1 1 1 81 6 1344 2728 16 24 91 2
5 1 1 1 81 7 1453 2713 12 48 35 oO
5 1 1 1 81 8 1620 2730 15 22 68 =
5 1 1 1 81 9 2267 2759 21 15 0 o
4 1 1 1 82 0 303 2718 1984 91 -1
5 1 1 1 82 1 303 2718 61 18 39 4/2
5 1 1 1 82 2 397 2723 33 9 73 —
5 1 1 1 82 3 484 2726 15 18 49 Ja
5 1 1 1 82 4 1211 2743 20 39 14 mo
5 1 1 1 82 5 1441 2751 30 39 34 Zz
5 1 1 1 82 6 1618 2755 18 36 91 =
5 1 1 1 82 7 2126 2789 120 20 12 sxposa|
5 1 1 1 82 8 2267 2777 20 25 79 >
4 1 1 1 83 0 303 2739 1979 106 -1
5 1 1 1 83 1 303 2753 60 51 28 sz
5 1 1 1 83 2 396 2739 33 63 66 8
5 1 1 1 83 3 1019 2809 17 7 56 -
5 1 1 1 83 4 1180 2754 107 63 27 “1
5 1 1 1 83 5 1619 2801 17 44 17 z
5 1 1 1 83 6 2126 2799 156 46 0 eeeeeel”
4 1 1 1 84 0 305 2791 1941 86 -1
5 1 1 1 84 1 305 2791 59 35 59 aa
5 1 1 1 84 2 396 2804 33 19 37 oO
5 1 1 1 84 3 602 2803 20 43 14 2
5 1 1 1 84 4 1020 2818 16 26 0 <
5 1 1 1 84 5 1187 2813 33 64 51 |
5 1 1 1 84 6 1224 2817 29 56 51 |
5 1 1 1 84 7 1277 2817 6 56 76 |
5 1 1 1 84 8 2129 2842 117 15 17 SEES
4 1 1 1 85 0 342 2829 1946 85 -1
5 1 1 1 85 1 342 2829 22 32 24 *
5 1 1 1 85 2 484 2849 139 32 0 2212
5 1 1 1 85 3 685 2842 1 24 0 o
5 1 1 1 85 4 1019 2847 19 35 0 %
5 1 1 1 85 5 1203 2875 48 1 74 —
5 1 1 1 85 6 1278 2872 9 7 36 II
5 1 1 1 85 7 1777 2894 40 20 34 1
5 1 1 1 85 8 2268 2892 20 21 63 5
4 1 1 1 86 0 307 2871 1470 52 -1
5 1 1 1 86 1 307 2872 16 9 88 ~
5 1 1 1 86 2 529 2871 19 6 77 =
5 1 1 1 86 3 1724 2888 53 35 15 ne
4 1 1 1 87 0 527 2872 1755 73 -1
5 1 1 1 87 1 527 2872 215 40 0 s|332
5 1 1 1 87 2 1202 2879 51 57 39 oI
5 1 1 1 87 3 2261 2916 21 29 9 :
4 1 1 1 88 0 602 2902 1680 66 -1
5 1 1 1 88 1 602 2902 140 21 10 sm0c
5 1 1 1 88 2 1651 2911 53 45 95 3300
5 1 1 1 88 3 2267 2950 15 12 25 ela
4 1 1 1 89 0 342 2918 1945 72 -1
5 1 1 1 89 1 342 2920 22 14 33 o
5 1 1 1 89 2 602 2918 20 39 42 2
5 1 1 1 89 3 646 2930 96 22 46 Dre
5 1 1 1 89 4 1021 2940 2 2 15 :
5 1 1 1 89 5 1179 2928 79 55 0 r—]
5 1 1 1 89 6 2126 2958 161 32 3 222222)\5
4 1 1 1 90 0 342 2938 1989 81 -1
5 1 1 1 90 1 342 2938 22 36 70 5
5 1 1 1 90 2 602 2960 82 28 38 20°02
5 1 1 1 90 3 940 2965 315 45 38 [J
5 1 1 1 90 4 1277 2942 10 62 74 |
5 1 1 1 90 5 2267 2994 15 25 70 @
5 1 1 1 90 6 2304 3000 27 17 57 {00
4 1 1 1 91 0 159 2977 2129 93 -1
5 1 1 1 91 1 159 2988 34 26 50 U
5 1 1 1 91 2 259 3000 26 17 72 Co
5 1 1 1 91 3 342 2993 21 33 23 |=
5 1 1 1 91 4 396 2977 40 49 51 a
5 1 1 1 91 5 602 2990 21 38 33 =
5 1 1 1 91 6 644 2990 39 51 65 =
5 1 1 1 91 7 708 2990 25 47 48 =<
5 1 1 1 91 8 1192 2999 94 51 39 Ld
5 1 1 1 91 9 1822 3026 30 39 68 10
» 2 S @ a
©a ~ a g rc S
°
wn x
® o 4 2 a
So _
ot oO dd s ou >
2 “ m LJ
oOo
“JSection 72
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
5 132003.221152.7 PRE-REQUEST TO CHANGE AN EXISTING APPROVAL FOR
MATERIAL CHANGE OF USE FOR A DWELLING AT 12 PARK ROAD, NOOSA HEADS
Document i nformati on
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/Application 132003.221152.7
Attachments 1. Proposal plans
APPLICATION DETAILS
Applicant G. Woolley C/ Max Barthow
Proposal Pre-Request to Change to an Existing Approval
Properly Made Date 9 May 2018
Information Request Date N/A
Information Response Date N/A
PROPERTY DETAILS
Property Address 12 Park Rd Noosa Heads Qld 4567
RP Description Lot 54 RP 52918
Land Area 794m2
Existing Use of Land Dwelling
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosa Heads
Zone Detached Housing
Overlays Natural Hazards Overlay – Landslide Hazard
Natural Hazards Overlay – Medium Bushfire Hazard
Assessment Type Change to Approval
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 12 June 2018 regarding Application No. 132003.221152.7 for a pre-
request response to change a Development Permit for Material Change of Use for a dwelling
house to include an expanded deck area at 12 Park Road, Noosa Heads and:
A. Agree to support the amendment of Condition 5 to read as follows:
5. The maximum gross floor area for all buildings and structures on the subject site is to
be 198m2.
B. Agree to support the expanded deck area subject to the following additional Conditions 60
and 61 being included as follows:
Page 72 of 97
Section 73
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Additional Conditions June 2018
60. Development undertaken in accordance with this approval must 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
CD 5.01 P1 Axonometric Site Plan, prepared by Tim Ditchfield 31.01.2018
Architects
CD 2.02 P3 Upper Floor Plan, prepared by Tim Ditchfield 15.01.2018
Architects
CD 3.01 P3 West Elevation, prepared by Tim Ditchfield Architects 14.01.2018
CD 4.01 P2 Section A-A, prepared by Tim Ditchfield Architects 15.01.2018
61. Minor pruning of the 3 x Lemon Aspen canopies in proximity to the deck extension
works can be undertaken to facilitate the works. The pruning works must be under
the supervision of a Level 5 Arborist and Council’s delegate and not result in the loss
the foliage screening of the deck.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant has requested a pre-request response change to the existing dwelling at 12 Park
Road, Noosa Heads.
The proposal seeks changes to the development approval for a detached house to include an
addition to the existing upper level deck of the existing dwelling. The deck extension does not
form part of the deck previously subject to an appeal.
The deck addition is to be constructed of materials that match the existing deck and will result in
the decks width being increased from 1.70 metres to 2.91 metres.
The application is before Council as there was a previous Court appeal in relation to an earlier
change application involving a deck. Figure 1 shows an aerial view of the subject site.
Figure 1 - Subject site
Page 73 of 97
Section 74
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Figure 2 below shows the deck’s location and Figures 3, 4 and 5 show construction details and
elevations of the proposal. Notably, the proposed lift access walkway does not form part of this
application and is being assessed under a separate application.
Figure 2 – Location of deck extension
Figure 3 – Details of deck extension
Page 74 of 97
Section 75
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
Figure 4 – Western elevation of deck extension
Figure 5 – Northern elevation of deck extension
2. SITE DETAILS
2.1. Background
The Planning Scheme limits dwelling houses on 6 – 14 Park Road to a maximum gross floor area
of 150m². This maximises the retention of vegetation on Noosa Hill and maintains a green back
drop to Noosa Main Beach.
On 29 October 2004 Council issued an approval for a dwelling. The following changes to the
approval have been issued:
9 October 2006 - allowed a tree to be removed
Page 75 of 97
Section 76
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
9 August 2006 - permitted the sewer and stormwater lines to discharge to Park Road rather
than to Allambi Rise
27 September 2007 - approved a 50m² extension to the dwelling bringing the total gross
floor area to 198m2.
6 September 2017 – approved retaining wall and unroofed deck. Following Council’s
decision, an appeal was lodged with the Planning and Environment Court on 20 September
2016 by the applicant. The matter was latter resolved between the parties and confirmed
by Judgment of the Planning and Environment Court on 1 November 2011 with the deck
setback 1 metre from the front boundary.
In April 2018 Council officers became aware that works for the lift access walkway had
commenced at the site without a planning approval. The works relate to piling for an underground
tunnel to access a proposed lift shaft. These works are subject to a separate application.
2.2. Site Description
The site contains an existing dwelling nestled amongst the vegetated steeply sloping lot (approx.
30% slope). Vehicle access is from 9 Allambi Rise via an access easement.
2.3. Surrounding Land Uses
Immediately to the north is a detached dwelling accessed from Allambi Rise. Further to the north
with frontage to Park Road are units that are considerably elevated above Park Road and
accessed from an Allambi Rise ‘service’ road.
Immediately to the south is a detached dwelling owned by the applicant. This dwelling has direct
vehicle access to Park Road from a basement garage which is within the Park Road setback
area. Further to the south are detached dwellings, unit blocks and mixed uses fronting Hastings
Street.
To the west across Park Road is Noosa Main Beach and units fronting the beach.
3. STATUTORY PROCESS
The applicant has requested a pre-request response to make a minor change to a development
approval under s78 of the Planning Act 2016. An application for a minor change to a
development approval can only be made in circumstances where a change would constitute a
‘minor change’. The proposed change to the development approval requested by the applicant is
determined to constitute a minor change on the grounds that:
the change would not result in substantially different development as the use remains the
same as that approved and the scale and bulk of the development remains generally
consistent with the current approval. There are no new uses proposed that would create
different or additional impacts; the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new mattes prescribed by regulation; and
the proposed changes do not vary the level of assessment;
4. ASSESSMENT
The applicable planning instruments that Council must have regard to are:
State Planning Regulatory Provisions;
State Planning Policies; and
2006 Noosa Plan.
The most recent amendment was considered consistent with the higher order State Regulatory
Provisions and Planning Policies. The proposed design modifications will not substantially
change the existing approval and are still consistent with the higher order provisions.
Page 76 of 97
Section 77
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
The primary issue which requires consideration relates to Condition 5 of the existing approval
and the potential for the proposed development to impact adversely on the treed backdrop to
main beach. The proposed impact on existing vegetation is the critical element requiring
assessment.
Under the original approval for the dwelling, the Noosa Hill Development Control Plan limited the
building to a maximum gross floor area of 150m2. This requirement did not carry over to the
Detached House Code of the Noosa Plan initially, with the Noosa Plan instead including a site
cover limit of 150m2. These provisions in the Noosa Plan were amended at some point to again
include a maximum gross floor area requirement of 150m2.
The existing dwelling house has a site cover in excess of 200m2 and a gross floor area of 198m2
as the house was enclosed partly underneath when the maximum site cover provisions applied.
Condition 5 currently reads:
5. The maximum site cover for all buildings and structures on the subject site is to be 150m2.
The current amendment will increase the site cover of the development by an additional 10m2.
The proposal complies with the current Noosa Plan requirements with regards to site cover,
however does not comply with the existing condition limiting the development to 150m2 of site
cover.
Specific Outcome 11 of the Detached House Code of the Noosa Plan relates to site cover and
states:
The site cover of buildings and other roofed structures—
a) is of a scale that is compatible with surrounding development;
b) does not present an appearance of bulk to adjacent properties, roads or other areas
in the vicinity of the site;
c) maximises the retention of existing vegetation and allows for soft landscaping
between buildings;
d) allows for adequate area at ground level for outdoor recreation, entertainment,
clothes drying and other site facilities; and
e) facilitates on-site stormwater management and vehicular access.
Specific Outcome 13 of the Detached House Code of the Noosa Plan relates to Gross Floor Area
and states:
The gross floor area and bulk and scale of buildings and other roofed structures—
a) has a low site impact to maximise the opportunity to retain natural site characteristics
such as native vegetation and natural landforms; and
b) maintains the safety of people and property from the risk of landslide and bushfire
The proposed development accords with Specific Outcomes 11 and 13 as:
The proposed increased deck area will not present an appearance of bulk to adjacent
properties and other areas;
Limited pruning is required to existing vegetation adjacent to the deck and this vegetation is
screened by additional vegetation to the front of the site;
The development will remain consistent with surrounding development.
Page 77 of 97
Section 78
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
The impact of the proposed development on existing vegetation has been reviewed by Council’s
Environment Officer who advises:
Minor canopy pruning of three planted Acronychia trees (Lemon Aspen) will be required to
enable the construction and use of the proposed deck extension. It is considered the
pruning works will not impact on the health of the trees and their contribution to the
screening of the works will not be impacted upon. Suitable conditions can be applied to
ensure the proposed works do not cause undue damage to the trees.
The following images details the vegetation adjacent to the existing deck and the view towards
the subject site from main beach Noosa Heads:
Figure 6 – Northern elevation of deck extension
Figure 7 – View towards subject site from Main Beach Noosa Heads
Page 78 of 97
Section 79
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
5. CONSULTATION
5.1. Referral Agencies
The application was not required to be referred to any Referral Agencies.
5.2. Other Referrals
The application was forwarded to the following internal Council officer:
Environment Officer
6. CONCLUSION & REASONS FOR DECISION
The application seeks a pre-request response to make changes to the form of the development
with an existing upper level deck being extended. The proposed changes are minor and the
development remains generally consistent with the existing approval. No concerns are raised
with respect to the deck’s impact on existing vegetation on site. The application identifies conflict
between a condition of the existing approval and the Noosa Plan. It is recommended that this
condition be amended to reflect the approved gross floor area of the existing dwelling.
It is therefore recommended that Council support the proposed changes to the Court order.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 79 of 97
Section 80
ATTACHMENT 1
Page 80 of 97
ATTACHMENT 1
Existing House» il fi
pay y JP tip
Proposed Lift —— <9
Subject to Sepang / ay EP | existing timber deck to be
Application—james's ee extended to 2910 wide
KE es (Roof not extended)
Proposed lift access oe i
walkway entrance ofS he?}—_~—n
Subject to Separate A\\ —— ~_ >
¢ “a ee a Sie
ne et «MIN SS —_ Approved timber terrace
lication ae, = ~
cA \ a Se
\ \ a : y} a Ka SY
\ * , NY I ~~ \ —— > Pi 310118 DESIGN
\ “oO )) Kae a
F SSX. Sj) ~—™_S Tim Ditchfield
\ » A> (rs *aj— architects
\ % WAS es
Ne y a ye oar 6s con Feo Sts as8 Wt.
Oo NV te
\ AXONOMETRIC SITE PLAN ne
Additions to
NOTE: Vegetation not shown for clarity. ae Roed
i
DESIGN STAGE - LIFT
AXONOMETRIC SITE PLAN
= ea O°
i727 CD 5.01 Pt
Page 80 of 97Section 81
Page 81 of 97
; prize
¢ ?
£ ’ ¥
an inva or e
1 Oé
sf MV ,
i] Z 2
rT \f “er %
</ MS, ie * eS
RESET
. | mcroe gw \Lay A,
¥ EXISTING BACK. FILL AND 000;200d ||!" fT oe ST i
DECK __EBOPOSED OPEN LANDSCAPE PV Noa wes
\ Ne am BELOW—— OVER TUNEL , 7 SSS in pill \B
ae = Sore ———
Pap ancareucannaree SSS] 2 hes Ae /§
SE, i ne == —
/ rs > mee eS HE
: = SS S See,
. OO —— Se = ee _—
Proposed New Extension to existing deck only. ps2 —— —————————— = ely HTS
Landscaping subject of separate application eastING DECK peu GL er} ‘i H NOT FOR CONSTRUCTION.
oe] S| AWN | 4 ss eer
© SS | OSS ES
Y / PROPOSED SSS] \f 5 = ee
/ EXTENSION === eee TT EE ee
Lf JN . “> LS =nz (| — Tim Ditchfield
Boor = Ora —
/ <= eT par ye x ~ | lat a — i ae Mneicarne
P 6 ‘ R : ———]] 2 FS .— ar
Nay \/ if vy ]S_SSa 2 tl iE fod
| Ve ——— S38 ot | —_————
| PA, 6 SS = | re
KE —— 7 Sel 1 oes Gwocuer
/ NS). > |\ = fa) lest } 2 [= Aaditons to
|} AIO W229! 3 r ) / aH pat 42 Park Road
/ SF - MN rz See JT games| = Noosa Heads
/ / < i cal | : of = 7
/ iif g . | 7 30 i, ui ( AUS Gs cae Se
if iy x i—-H i 00° 3q; de NENT Foor
Page 81 of 97Section 82
Page 82 of 97
|
| , ath 4
Cie SB iron t,! |
eS TS tae
of } PAS W 23) a See rae a por 7 —
3 be A er ey RS Adofeae” Fray) ° oe | |
Se Ny e ¢ , Se yt 2 On yp ©
es y, 3 ON a HES aoe | I | |
REE | (| en” pF tl |!
| |
Ries Neuer ella
= ae DISK SOR bapa | Io
Y_ [Pp yy SF Be \ pees
yr) VA ~~" NiN@eae me I
| pe ASSO AR Se 8
|. CRG SRR Ri Se —
| bet Gd bY ee 4) S|
Ad day, | Tal l
PES are Pry: poe ) ay i) (iF ie ee hy oi || |
“Fg ae ORO! Dts ; ay
a eS Ru) wines i | fea T_
YA) Ses Pr a | wil
SOG Op) J) = os
iN ON PT (YOK) Hen ZA i ee — oo
SCA SANS ||| —
wit ei ee és wr a
ie Wee Nt tH) |} a]
Ale Pane AV") lisse r | tt |-—
WE zasa [——3 ey | |
aS3 3 ae — Pt
ee ee 7 1
| 228 22 Baa cn |
356 Re Oe a + | |
| RES 3 a3 Re | |
a og 42 a th |
| $3 3¢)0——| ie | th
2 asf Ban) LUN YT CO
T 2 8 LL , a
' 233) 7 = 1
8 $8 TF TT] / Hl
| eek ot}
T eas (sali |
| oo 452 LL =< —
2s _ _ SES
alle sgh /i It | = astern
sD 5/5 a gO ; Re
=| 2 gesi/ Ff ae z
ig dia aa) 2 SE 88 :
Sas ob ge ob!
=> a Cc
ant sap OOP UT
* i . : al | | | |
<i Poh dd
|| |
aa gi]z99 209 23 | | |
Saga NE len axle pt!
zjm2 zz 3 8 iss Hea
spa 82 5 & eek 7S |etils 288
~ S|>2 ea zt ili 222
9 op alee . af Ol love
o |e 15 ee oD. pl ges
c 2c 2 = 3
o |= | pos i “ohn
ve meal as
2.2) i
<. wi B/E
~/Section 83
Page 83 of 97
! | | | | <
TT T !
_ —-msm — |} Lay) il =)
: ae a : | EEEEI | —y
7-H BERE Se See —
—4— Swe EY = a =e SSS l-
AS SBReReS = SSSSS EA
TFT TRS EMMY TTT TT TT TT AE PE Sees Bo 1 |-
— SS | SSS S| = yr
LE JARS ES See Bee | r
BLOCKWORK WALLS Ss i 4 ESESE4ESE4 4 4 EFI BA IE %
wTH Roc CLADOING yc 4a SSSR Ae Ea | Tl
— _ | _ _esgozsovine ( ay IIL | SSS SEE Eas? iw |
Lh dl EESSS RSA Se
_ __RL#+29.720LIFTSTOP el —s—s—‘“Cs™s—s—CS NV Oo eee eee SEE EE 7
8.0m ABOVE NATURAL Tee leer _— Tmt, | | |
GROUND Bo ODEs ESEEEHE| - | UN
LINE AT BUILDING'S FA ryt SCS IV | |
Rabo |= ee BEER SBE) WZ
(KERS | SRE RSHel | y |
CU EC | ROSS eeOS\ |S ECT
/(| , KA wei Be EX | \ oop oh
Proposed New Extension to existing | iN COW FE | | | |
) Lae ots >]
deck only. Proposed Lift / Lift Shaft, ae a Ne i ENE S Ac | || || u
Access Tunnel and Landscaping ay rs i ae | | |
subject of separate application atone aS. ie re | LL | |
i icati R Ki yee
STRUCTURE Ge | | | |
a SiS fo Oe | u
excavarionrs LINER Be oo Hoy
| Oo IPERS Wie MOOS, || | |
cronouer |NCogl\h ae Pt Vi
SECTION , ATEN Pr Ly CLEA, 7
Sa 1s ||
COA Z Lok ZK
[6:0 sey ypu
| SE ZG ayy ! u ce fenty snug.erorromiron
FE RLY
re G =o ee
iS Be || aeeheatcnansmes
EXISTING DECK Co i. “i RL #18.110 LIET STOP “Tim Ditchticld
RL +17.610 ZOOL <a a tesco urrsror___________ _ Tim Ditchfield
| 3 “Bp eee
meewasen ee ty
ad | | BArch. B Design Studies. .RALA Reg No 002195
GROUND LINE AT + ” Client
BUILDING'S FACE oO
S G. WOOLLEY
| ‘Additions to
12 Park Road
Noosa Heads
Drawing
DESIGN STAGE - LIFT
4 SECTION A-A
Preliminary % 23 =
NOT FOR CONSTRUCTION. 1727 Cb 4.01 P2
Page 83 of 97Section 84
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 JUNE 2018
6 MCU16/0144 - REPRESENTATIONS TO CONDITIONS - DEVELOPMENT PERMIT FOR
MATERIAL CHANGE OF USE OF PREMISES RETAIL BUSINESS TYPE 2 SHOP AND
SALON AT 1 KINGSGATE DRIVE, TINBEERWAH
DOCUMENT INFORM AT ION
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development Department
Index ECM/ Application/ MCU16/0144
Attachments Nil
APPLICATION DETAILS
Applicant MA McFarland
Proposal Representations to conditions for Development Permit for Material
Change of Use of Premises - Retail business Type 2 - Shop & Salon
PROPERTY DETAILS
Property Address 1 Kingsgate Dr Tinbeerwah Qld 4563
RP Description Lot 63 RP 200339
Land Area 10,080m²
Existing Use of Land 2 x Dwellings, large shed and restaurant named as ‘Orange on
Sunrise’
STATUTORY DETAILS
SEQRP Designation Rural Living Area
Locality Cooroy and Lake Macdonald Locality
Zone Rural Settlement
Overlays Natural Hazard Overlay – Bushfire - Potential Impact Buffer and High
to Very High Potential Bushfire Intensity
Assessment Type Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 June 2018 regarding representations to Application
No.MCU16/0144 for a Development Permit for Material Change of Use for Retail Business Type
2 Shop and Salon situated at 1 Kingsgate Dr, Tinbeerwah and approve the change to Conditions
4 & 13 as follows:
Shop (café known as Orange on Sunrise)
4. The approved use must not operate outside the hours of 4.30pm – 9.00pm Wednesday to
Sunday, excluding public holidays, apart from food preparation. Preparation on these days
may occur from 2.30pm – 4.30pm, with no service to customers during this time.
13. Noise emanating from the premises including amplified or non-amplified noise and patron
noise must not exceed 35dB(A) LAMax,adj,T, when measured at the boundary of the
business.
Page 84 of 97
The text continues on section 85.