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Attachment 5 - Deed of Variation to Infrastructure Agreement (22.01.20) · RAL18/0023
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Deed of Variation to Infrastructure Agreement Noosa Shire Business Centre – Part (Lot 2 on SP 110885) Noosa Shire Council (Council) Stockwell NC Pty Ltd ACN 632 359 623 as trustee under instrument 719594542 (Applicant) Stockwell Development Group Pty Ltd ABN 50 010 095 360 (Stockwell) Contact - Sarah Macoun, Partner, [email protected] BRISBANE PERTH Level 8, Waterfront Place, 1 Eagle Street T +61 7 3024 0000 Level 27, Allendale Square, 77 St Georges Terrace T +61 8 9211 8111 Brisbane Qld 4000 Australia F +61 7 3024 0300 Perth WA 6000 Australia F +61 8 9221 9100 PO Box 7822, Waterfront Place Qld 4001 Australia PO Box Z 5312, St Georges Terrace, Perth WA 6831 Australia E [email protected] www.hopgoodganim.com.au
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Section 2
Table of Contents
1. Definitions, interpretation and Commencement ...........................................................................1
1.1 Definitions ..........................................................................................................................1
1.2 Interpretation ......................................................................................................................2
1.3 Parties ................................................................................................................................2
1.4 Commencement .................................................................................................................3
2. Variation .......................................................................................................................................3
2.1 Infrastructure Agreement ...................................................................................................3
2.2 Condition precedent ...........................................................................................................3
2.3 Confirmation of liability .......................................................................................................3
2.4 Time ...................................................................................................................................3
3. Governing law and jurisdiction .....................................................................................................3
3.1 Governing law ....................................................................................................................3
3.2 Jurisdiction .........................................................................................................................3
4. Miscellaneous ...............................................................................................................................4
4.1 Legal effect ........................................................................................................................4
4.2 Severability ........................................................................................................................4
4.3 Further assurance ..............................................................................................................4
4.4 Costs ..................................................................................................................................4
4.5 Variation .............................................................................................................................4
4.6 Counterparts ......................................................................................................................4
4.7 Whole agreement ...............................................................................................................4
Schedule 1 Infrastructure Agreement .......................................................................................................6
Schedule 2 Variations ...........................................................................................................................113
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Deed of Variation
Date
Parties
Noosa Shire Council (Council)
Stockwell NC Pty Ltd ACN 632 359 623 as trustee under instrument 719594542 (Applicant)
Stockwell Development Group Pty Ltd ABN 50 010 095 360 (Stockwell)
Background
A. The Land is the subject of the Infrastructure Agreement.
B. Stockwell has lodged with the Council a development application for reconfiguration of a lot with
respect to Lot 3 on SP246584, which is part of the Land.
C. Council has publicly notified a draft New Noosa Plan, and subsequently resolved to proceed with it
(as amended) and to give notice to the Minister requesting its adoption. When adopted by Council,
the Draft New Noosa Plan will replace the current Noosa Plan 2006.
D. The Draft New Noosa Plan includes a revised business centre framework plan for The Land which,
among other things, shows indicative uses and development precincts, proposed roads, proposed
pedestrian links and character landscape areas.
E. Stockwell’s development application for reconfiguration of a lot responds to the Draft New Noosa
Plan and has been designed to accommodate development in accordance with the Draft New Noosa
Plan.
F. The parties have agreed to amend the Infrastructure Agreement to align with the development intent
for The Land as set out in the Draft New Noosa Plan, in accordance with the terms and conditions
set out in the deed.
Now this deed witnesses
1. Definitions, interpretation and Commencement
1.1 Definitions
In this deed:
Commencement Date means the date when the last party executes this deed.
Infrastructure Agreement means the agreement dated 3 October 2003 between the Noosa Shire
Council and the Applicant included as Schedule 1.
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Deed of Variation
Stockwell means Stockwell Development Group Pty Ltd ABN 50 010 095 360.
Variations means the amendments to the Infrastructure Agreement as set out in schedule 2.
1.2 Interpretation
(a) Unless the contrary intention appears, a reference in this deed to:
(1) a definition or expression used or defined in the Infrastructure Agreement has the
same meaning in this deed;
(2) one gender includes the others;
(3) the singular includes the plural and the plural includes the singular;
(4) a person, partnership, corporation, trust, association, joint venture, unincorporated
body, Government Body or other entity includes any other of them;
(5) an item, recital, clause, subclause, paragraph, schedule or attachment is to an item,
recital, clause, subclause, paragraph of, or schedule or attachment to, this deed and
a reference to this deed includes any schedule or attachment;
(6) a party includes the party’s executors, administrators, successors, substitutes
(including a person who becomes a party by novation) and permitted assigns;
(7) any statute, ordinance, code or other law includes regulations and other instruments
under any of them and consolidations, amendments, re-enactments or replacements
of any of them;
(8) money is to Australian dollars, unless otherwise stated; and
(9) a time is a reference to Brisbane time unless otherwise specified.
(b) The words include, including, such as, for example and similar expressions are not to be
construed as words of limitation.
(c) Where a word or expression is given a particular meaning, other parts of speech and
grammatical forms of that word or expression have a corresponding meaning.
(d) Headings and any table of contents or index are for convenience only and do not affect the
interpretation of this deed.
(e) A provision of this deed must not be construed to the disadvantage of a party merely because
that party or its advisers were responsible for the preparation of this deed or the inclusion of
the provision in this deed.
1.3 Parties
(a) If a party consists of more than one person, this deed binds each of them separately and any
two or more of them jointly.
(b) An agreement, covenant, obligation, representation or warranty in favour of two or more
persons is for the benefit of them jointly and each of them separately.
(c) An agreement, covenant, obligation, representation or warranty on the part of two or more
persons binds them jointly and each of them separately.
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Deed of Variation
1.4 Commencement
This deed commences and has effect on the Commencement Date.
2. Variation
2.1 Infrastructure Agreement
The parties agree that:
(a) The Infrastructure Agreement is varied by this deed only in the manner and to the extent
described in the Variations; and
(b) The Variations to the Infrastructure Agreement come into effect on and from the
Commencement Date.
2.2 Condition precedent
(a) This Variation Deed is subject to and conditional on each party unconditionally delivering a
full and validly executed deed or counterpart of this deed to the other party.
(b) Each party must use all reasonable endeavours to procure the satisfaction of the condition
specified in clause 2.2(a).
(c) If the condition in clause 2.2(a) is not satisfied then this deed will be of no force or effect and
the parties will have the same rights and obligations which they had prior to the date of
execution of the deed as if this deed had never been executed.
2.3 Confirmation of liability
The parties:
(a) affirm that they are bound by the terms of the Infrastructure Agreement (as varied by this
deed); and
(b) acknowledge that their obligations and liability under the Infrastructure Agreement are not
discharged or varied by this deed except to the extent that this deed may otherwise expressly
specify.
2.4 Time
If, under the Infrastructure Agreement, time is of the essence in relation to the performance of an
Obligation of a party, time remains of the essence in relation to that Obligation unless this deed
specifies otherwise.
3. Governing law and jurisdiction
3.1 Governing law
This Variation Deed is governed by and construed in accordance with the laws of Queensland.
3.2 Jurisdiction
Each party irrevocably:
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Deed of Variation
(a) submits to the non-exclusive jurisdiction of the courts of Queensland and
the courts competent to determine appeals from those courts, with respect
to any proceedings which may be brought at any time relating to this deed; and
(b) waives any objection it may now or in the future have to the venue of any proceedings, and
any claim it may now or in the future have that any proceedings have been brought in an
inconvenient forum, if that venue falls within clause 3.2(a).
4. Miscellaneous
4.1 Legal effect
Each party acknowledges and agrees for the benefit of each other party that this document is
intended to take effect as a deed. Each party executes this document with the intention that it will be
immediately legally bound by this document despite the existence of, but subject to, the conditions
precedent contained in clause 2.2. To avoid any doubt, there will be no need for further delivery of
this document following the satisfaction of the conditions precedent contained in clause 2.2.
4.2 Severability
If a provision of this deed is illegal, invalid, unenforceable or void in a jurisdiction it is severed for that
jurisdiction and the remainder of this deed has full force and effect and the validity or enforceability of
that provision in any other jurisdiction is not affected.
4.3 Further assurance
Each party must promptly at its own cost do all things (including executing and delivering all
documents) necessary or desirable to give full effect to this deed and the transactions contemplated
by it.
4.4 Costs
Each party is responsible for all its own costs incurred in the negotiation and performance of this
deed including legal costs.
4.5 Variation
An amendment or variation to this deed is not effective unless it is in writing and signed by the
parties.
4.6 Counterparts
This deed may be executed in any number of counterparts each of which will be considered an
original but all of which will constitute one and the same instrument. A party who has executed a
counterpart of this deed may deliver it to, or exchange it with, another party by:
(a) faxing; or
(b) emailing a pdf (portable document format) copy of,
the executed counterpart to that other party.
4.7 Whole agreement
This deed:
(a) is the entire agreement and understanding between the parties relating to the subject matter
of this deed; and
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Deed of Variation
(b) supersedes any prior agreement, representation (written or oral) or
understanding on anything connected with that subject matter.
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Deed of Variation Schedule 1 Infrastructure Agreement HopgoodGanim Lawyers Page 6 1958131 - 20415602_1
Section 9
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[OCR of page images]
NOOSA SHIRE COUNCIL
AND
MIROSE PTY LTD
INFRASTRUCTURE AGREEMENT
NOOSA SHIRE BUSINESS, CENTRE — PART (LOT 2 ON SP 110885)
‘Hopgood Ganim Lawyers
GPO Box 367
Brisbane Q 4001
Tel 07 3234 7777
Fax 07 3221 9290
Page 7
Section 10
Page 8
[OCR of page images]
CONTENTS
INTERPRETATION....ccsssssssssssssseeeessssessssesssesssstansesenssensssssssnssssssestanentenecceessssec sateeeeeeees 4
1.1 NAMIC seescsssssssssetnnsessnnseessessneneesensssetnsesnssesunsssesistsissssetanensseuuatsescesasisunaseeees 4
1.2 Commencement ..
1.3 - Terminatione.....ccccccccccocsseeee
4
4
1.4 Interpretation 4
1.5 Definitions........ 6
1.6 Other Expressions sateeeesseeseseneneees wees )
1.7 When Development Approvals Take Effect 10
3.1
3.2
3.3
OPEN SPACE......
4.1 OSA and OSB (Open Space Areas A and B) o....sscsssssssssssssesessesesssasssssescsssssescecce 10
4.2 Deemed Contribution to Community Infrastructure ~ Public Open Space ........... 10
4.3 Deemed Contribution to Community Infrastructure ~ Private Open Space.
4.4 Future Conditions/Infrastructure Charges
4.5 Future Buffers to Open Space Areas
DRAINAGE/WATERWAY MANAGEMENT............ ‘
5.1. External Stormwater Works......cssssssssssssussssussssseussstesssssssssssstusisseeeseceeseesece 11
EXTERNAL ROADWORKS ...scssssssssssesesesssetssssssssseessstsntusattisssesussssusasseunseeeneee 1
6.1 Design Standards o.........ccccscssscssssssscssesessscsssesesesssssesecece
6.2 ‘Eenie Creek Road ..
6.3 Walter Hay Drive...
6.4 Timing for Payment
6.5 Dedication for public road purposes for Walter Hay Drive............ : 15
6.6 Surplus Parts of Existing Road Reserve w.sccssecsssssssnssensntesssssecssseen 16
OWNERSHIP OF INFRASTRUCTURE ..ssssssssssssssesssessesstsentssstsesstsssstsseneseeeeeeecce 16
7.1 Infrastructure within the Proposed Development
72 Infrastructure External to the Proposed Development
CONDITIONS PRECEDENT ....sssscsssssssssnstsstnssssessessusnstnttnattsssinassiassesuseenseeeec, 16
8.1 Conditional Upon Approval of Development Application...
8.2 Infrastructure Agreement Terminates .......cccccssssesccssseeeeccoes
8.3 Conditional Upon Applicant Becoming Owner of Land...
8.4 Failure to Complete Contract
Section 11
Page 9 [OCR of page images] 9 10 10.1 Description of Stage 1 and Future Stages 10.2 Intent re Stage 1 and Future Stages 10.3 Extent of Immunity of Future Stages of the Shire Business Centre on the Land from Infrastructure Conditions/Charges 10.4 Future Stages Not Immune From Urban Water Cycle and Sewerage Headworks Contributions/Charges o.........ccsssssssssssssssssssscsssssssssssssssesesesssssssasssssssiosesseeesesceeesec 18 10.5 Future Stages of the Shire Business Centre not on the Land as contemplated by Master Plam 2 .....ssssccccscssssssssssssnsnessessssssessessessssesessasussssevseessssssessessssssvesessssssesssscsese 18 11 GST woes eseeseccccsseonsussssnsesssssssscssssonessnsmusssssssessesssnsssnevssssessssasarsesssnsesussessssssssstasneceseesecccoses 18 TLL Definitions... ec ecsssssscsssssscesssnscssssecsssssesecsssusessusessusenasacseseseccees 11.2 -Payment of GST 12 NOVATION OF DEED UPON SALE 12.1. Restriction on the right to Sell the Land ..sssscsssesssssssssssssecooseosesss 12.2. Applicant Remains Liable Until Purchaser Signs 12.3. Restriction not to apply to subdivided Lots 13 SERVICE ....sscsssssssssescsssseesssssessssssneecesesssssssssssssssessssssssusseesssuvsessuusssssssssesserasssassessssssssssssessees 20 13.1 Service by prepaid pOSt.....ccsssccsssssesessececsescseeees 13.2 Service by poSt.......cceccesessesees 13.3. Proof of service _ 13.4 Form of Notice 14 MISCELLANEOUS .....sssssssssssssssssesssesescessessssssssessssssssesssssssssscerssssesessessssssssssauiusesesseeatuesses 21 14.1 Payment of costs 14.2 Time. eeececsssses ences 14.3 Place for payment of monies.............. 4A WAV ET eeessecssssssecsssessssessserecsucesseenaes 14.5 Laches and delay.. 14.6 Power of entry... 14.7 Severance... eccsesseseseecteneee 14.8 Warranty of authority... 14.9 Further assurances... 14.10 Force Majeure .............. 14.11 Amendment of document......c.ccccssssssssesssscsescsssecesssusssssssssscssstsseveccesseeecceceses, Annexure 1 — Decision Notice DA 22803 dated 18 August 2003.00.00... e.cccccccseesceseececeussseeece 25 Annexure 2 — Plan of Open Space Areas........cccccccccessesssssessssecsseessceccassecteceeseeecce cece 26 Annexure 3 — GHD Plan 41 — 12240-C027 o......ccccsesccssssssscesseessecsececcsssessuececeesceseeeseee 27 Page 9
Section 12
Page 10 [OCR of page images] Annexure 4 — Funding responsibilities for Walter Hay Drive oe. eceeccceceeeeee Veeteeeeeeaeeeees 28 Annexure 5 — Master Plan 2 endorsed 10 April 2003 .......ccecceeceeesesseescesscessececteceseseseens 29 Annexure 6 — Plan showing Public Road required from the Land for Walter Hay Drive ......... 30 SCHEDULE 1 - AGREEMENT DETAILS 24 Page 10
Section 13
Page 11 [OCR of page images] Page 4 THIS AGREEMENT is made on the date stated in item 1 of Schedule 1. . BETWEEN The Council AND The Applicant RECITALS A The Land is part of an area designated for the Shire Business Centre under the Strategic Plan. The Applicant has contracted to-purchase the Land. The Council has issued to the Applicant a decision notice approving a development permit for a material change in use over part of the Land for the purpose of Stage 1 of the Shire Business Centre. D The Council and the Applicant wish to enter into an.agreement about Development Infrastructure Items to be provided or funded by the Applicant pursuant to the provisions of Chapter 5 of the Integrated Planning Act 1997 Part 2 — Infrastructure Agreements. IT IS AGREED 1 INTERPRETATION 1.1 Name This.document may be referred to in accordance with item 2. 1.2 Commencement This document commences on the Commencement Date. 1.3 Termination This document ceases to have effect, subject to clauses 8 and 9: a. . one year after the expiry of development on the land in accordance with MP2 has been achieved; or b. ona date upon which the parties agree in writing. whichever first occurs. 14 Interpretation a. In this document, unless a contrary intention appears, reference to: @) a clause is to a clause in this document; and . (i). _ the singular includes the plural and vice versa; and Page 11
Section 14
Page 12 [OCR of page images] L Page 5 (iii) any gender includes all other genders; and (iv) a person includes a firm, a corporation, an association and a body, whether incorporated or not and a government or statutory body or authority; and (v) legislation (including subordinate legislation) includes: (A) _ statutory instruments made under the legislation; and (B) consolidations, amendments, re-enactments or replacements of the legislation; and (vi) writing includes any mode of representing or reproducing words in tangible and permanently visible form and includes facsimile transmission; and (vii) this or any other document includes the document as varied or replaced and is not affected by any change in the identity of the parties. . The clause headings appearing in this document are inserted for convenience of reference and do not affect the construction of this document. If any words are italicised or otherwise printed differently, this has been done for convenience only and does not affect the construction of this document. . Whenever more persons than one constitute a party all the covenants, agreements, conditions, restrictions and provisos on the part of that party contained or implied in this document bind those persons jointly and each of them severally. This document is in all respects to be interpreted in accordance with the laws of the State of Queensland, and the parties irrevocably and unconditionally submit to the non- exclusive jurisdiction of the courts of that state and any courts which have jurisdiction to hear appeals from them, and waive any right to object to proceedings being brought in those courts. Nothing contained in this document affects, prejudices or derogates from the requirements of any statute or from the tights, powers and authorities of the Council under the provisions of any statute or under any declared policy of the Council. . An inclusive definition, or an example or particularisation of a provision, does not limit but may extend that definition or provision. Where a word or expression is defined, other parts of speech and grammatical forms of that word or expression have a corresponding definition. All Schedules to this document form part of this document, and a reference to an item is a reference to an item in Schedule 1. Terms used in the Conditions of Approval which are not otherwise defined in the Conditions of Approval or in Clause 1.5 (Definitions) shall have the meanings assigned to them in the Planning Scheme. Page 12
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Page 13 [OCR of page images] 1.5 Page 6 Definitions In this document: “Act” means the Integrated Planning Act 1997 and includes the Local Government (Planning .and Environment) Act 1990 and the Local Government (Planning & Environment) Regulation 1991 to the extent. that they are relevant to the Development Application, the Conditions of Approval and the Proposed Development by operation of the Integrated Planning Act 1997 or the Acts Interpretation Act 1954. “Agreement” means this Infrastructure Agreement and that term is interchangeable with the term “document” wherever used “Appeal” means an appeal to the Court under the Act. “Applicant” means the person described in and having its address at the place described in item 4 and includes: : a. successors and permitted assigns in the case of a corporation, association or other body whether incorporated or not; b. executors, administrators and permitted assigns in the case of a natural person; and c. any person who enters into a Deed of Novation with the Council in respect of this _ Agreement. “Approved Plan of Development” means: a. the plans referred to in the Conditions of Approval; or b. in the absence of plans referred to in the Conditions of Approval, the plans submitted with the Development Application to which the Conditions of Approval relate. “Authority” means all authorities or instrumentalities (other than the Council), which have jurisdiction over the Works. “Building” has the meaning given in the Act. “Chief Executive Officer” means the Chief Executive Officer of the Council and includes the person (if any) for the time being acting as Chief Executive Officer of the Council. “Commencement Date” means the date stated, in item 1. “Conditions of Approval” means the conditions (if any) imposed by the Council and contained in the Decision Notice issued by the Council in respect of the Development Application, and as varied by the Court in the event of an appeal against the Council’s decision in respect of the Application. “Council” means the Local Government described in item 3. “Council's Agents” includes the Council's members, officers, agents, servants, employees, contractors and subcontractors, and agents and-servants of the Council's contractors and subcontractors. Page 13
Section 16
Page 14 [OCR of page images] eh LLL ved, Page 7 “Court” means the Planning and Environment Court and in the event of an appeal against a decision of the Planning and Environment Court includes the Court of Appeal of the Supreme Court of Queensland and the High Court of Australia in the circumstances of applications for leave to appeal and appeals to those Courts. : “Decision Notice” means the negotiated decision notice 22803 DA dated 18 August 2003 issued to the Applicant by Noosa Council on 21 August 2003 -in respect of Stage 1 of the _Shire Business Centre, a copy of which is Annexure 1. “Demaining Agreement” means an agreement dated 20 April 2001 (as varied by the parties from time to time), between the Main Roads Department and Noosa Council, which includes funding arrangements for the Walter Hay Drive Construction andthe construction of Eenie Creek Road Stage 2. “Department” means the government department or public sector unit which administers the Act, unless its use is in the context of the Main Roads Department. “Development” has meaning given in the Act. “Development Application” means the application made under the Act by the Applicant to the Council described in item 6. : “Development Approval’ has the meaning given in the Act. “Development Infrastructure Item” has the meaning given in the Act. “Development Permit” has the meaning given in the Act. “Do” in relation to Works includes carry out, provide, perform and undertake. “Kenie Creek Road Stage 1” means Eenie Creek Road between its intersections with Eumundi-Noosa Road and Reef Street, inclusive of its connections to these intersections. “Eenie Creek Road Stage 2” means Eenie Creek Road between Reef Street and its intersection with Cooyar Street via Langura Street. “Force Majeure” means an event: a. being a decree of the Commonwealth Government or the State Government, an act of God, industrial disturbance, act of public enemy, war, international blockade, public riot, lightning, flood, earthquake, fire, storm or other event whether of a kind herein specified or otherwise; and : : b. which is not within the control of the party claiming Force Majeure; and which could not have been prevented by the exercise by that person of a standard of foresight, care and diligence consistent with that of a prudent and competent person under the circumstances. “Future Stage” means any subsequent development of the Shire Business Centre. “Infrastructure Charges” has the meaning given in the Act. Page 14 = na
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Page 15 [OCR of page images] Page 8 “The Land” means the land described in item 5 and includes: a. any estate or interest in, on, over or under the land; and b. the airspace above the surface of the land and any estate or interest in the land; and c. the subsoil of the land and any estate or interest in the subsoil; and d. any part or parts of the land; and e. any estate or interest created in respect of any of the above matters. “Local Government” has the meaning given in the Local Government Act 1993 “Lot” has the meaning given in the Act. “Main Roads Department” means the government department or public sector unit responsible to the Minister for Transport and Minister for Main Roads. “Manager” means the officer of the Council who heads the directorate or section of the Council having responsibility for the subject matter in relation to which the term is used: - and includes the officer (if any) for the time being acting as the head of that directorate or section of the Council. , “Master Plan 2” means The Shire Business Centre Master Plan: Stage 2 (MP2) adopted by the Council on 10 April 2003 a true copy of which is contained in Annexure 5. “Notice” means any certificate, demand or notice to be made, given or served by a party under this document. . “Open Space Area A” means the part of OS1..which-is coloured blue on the plan in Annexure 2 wee : “Open Space Area B” means the part of OS2 which is coloured green on the plan in Annexure 2 “Open Space Area C” means the area shown as “OS3” on Master Plan 2 which is proposed to be maintained as Private Open Space substantially in its natural state for the preservation of visual amenity and is coloured red on the plan in Annexure 2 “Open Space Area E” means the area shown as “OSS” on Master Plan 2 which is proposed to be maintained as Private Open Space substantially in its natural state for the preservation of visual amenity and is coloured yellow on the plan in Annexure 2 “Open Space Area G” means the area shown as “OS7” on Master Plan 2 which is proposed to be maintained as Private Open Space substantially in its natural state for environmental drainage and ecological purposes and is hatched on the plan in Annexure 2 “OS1”, “OS2”, “OS3”, “OSS” and “OS7” means the relevant open space areas bearing those numerical designations as shown on Master Plan 2 “Planning Scheme” means the planning scheme for Noosa Shire gazetted May 1985 in force at the date of this document. Page 15
Section 18
Page 16 [OCR of page images] 1.6 Page 9 “Present Designation” means the area, precinct or zone in which the Land is presently included under the Planning Scheme as described in item 7. “Private Open Space” means open space land which is retained in private ownership and maintained privately. “Proposed Development” means the Development of the Land proposed in the Application as amended by any Conditions of Approval. “Public Office” has the meaning given in the Local Government Act 1993. “Public Open Space” means open space land which is publicly owned and maintained. “Reconfiguring” has the meaning given to reconfiguring a lot in the Act “Sell” includes transfer, dispose of, and alienate and “Sale” has the corresponding meaning. “Shire Business Centre” means the Shire Business Centre for Noosa planned for development on land including the Land and described in Section 19.3 of the Strategic Plan. “Site works” means any works approved by a development permit for operational work in association with the proposed development, but excluding infrastructure works, which the Applicant is required to construct or for which the Applicant is to make a contribution under this Agreement. “Stage 1” means the first stage of development of the Shire Business Centre described in the Development Application and approved under the Decision Notice, unless otherwise used in the context of Eenie Creek Road. “Strategic Plan” means the 1997 Strategic Plan for Noosa Shire. “Use” has the meaning given in the Act. “Walter Hay Drive” means the proposed road formerly known as the Southern Access Road between Emu Mountain Road and Eenie Creek Road, and which traverses the Land as shown on the plan adopted by the Council as the proposed alignment of the road on 1 May 2003, as further modified by GHD plan 41-12240-C027 revision B, or as varied by subsequent detailed design. , “Walter Hay Drive Construction” means thé“construction of a two lane two way road between Emu Mountain Road and Eenie Creek Road, excluding works on Walter Hay Drive, which the Applicant is required to construct or for which the Applicant makes a monetary contribution under this Agreement. . “Works” means the infrastructure works, which the Applicant is required to construct or for which the Applicant makes a contribution under this Agreement. Other Expressions If a term is not defined in this document it shall unless the context otherwise requires, have the meaning given to it by: Page 16
Section 19
Page 17 [OCR of page images] 17 3.1 3.2 3.3 Al 4.2 Page 10 a. the Act; or b. the Macquarie Dictionary in the absence of a definition in the Act. When Development Approvals Take Effect. If a provision of this Agreement refers to a Development Approval taking effect in accordance with the. Act, and there is an appeal to the Court affecting the Development Approval, the appeal will not be taken, for the purposes of this Agreement, to be “finally decided” in terms of Section 3.5.19(c) of the Act until all appeals to the Court of Appeal and the High Court of Australia, and any remittance of the primary appeal back to the Planning and Environment Court, have been finally decided and no other appeal affecting the decision of the Planning and Environment Court is possible. INFRASTRUCTURE AGREEMENT This document is intended to constitute an infrastructure agreement under the Act. OBLIGATIONS OF PARTIES Compliance of Council The Council shall comply with the terms of this document subject to the provisions of Clauses 8 and 9. Compliance of Applicant The Applicant shall comply with the terms of this document subject to the provisions of Clauses 8 and 9. ' Time for Compliance All obligations that the Applicant is required to comply with pursuant to this Agreement shall be so done or paid within the time respectively provided in this document. OPEN SPACE OSA and OSB (Open Space Areas A and B) The Applicant shall dedicate Open Space Area A and Open Space Area B for the purposes of public open space — conservation and waterways protection in accordance with the Conditions of Approval. : Deemed Contribution to Community Infrastructure — Public Open Space The Council recognises that the dedication of Open Space Area A and Open Space Area B, comprising approximately 12.63 hectares (subject to survey) as public open space, is an appropriate commitment of land to meet the environmental needs-of the Land on the part of the Applicant and shall be taken to be a contribution by the Applicant to community infrastructure. Page 17
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Page 18 [OCR of page images] 5 6 43 4.4 4.5 5.1 6.1 Page 11 Deemed Contribution to Community Infrastructure — Private Open Space space, and its on-going maintenance, is a commitment on the part of the Applicant of land to meet the environmental requirements associated with the proposed development and shall be taken to be equivalent to a contribution by the Applicant to community infrastructure. Future Conditions/Infrastructure Charges Having regard to the matters Stated in Clauses 4.2 and 4.3, the Council agrees that unless otherwise requested or agreed to by the Applicant: (a) Applications for development approvals in respect of Future Stages on the Land shall be immune from conditions requiring; and (b) The Land shall be immune from future infrastructure charges or levies in respect of any further dedication of land, and any acquisition of other land. contributions or charges on account of parks, conservation reserves DRAINAGE/WATERWAY MANAGEMENT External Stormwater Works Nothing in this Agreement affects the ability of the Council to lawfully impose conditions requiring the construction or augmentation of stormwater systems external to the site in response to applications for Development Approvals relating to Future Stages of the Shire Business Centre. EXTERNAL ROADWORKS Design Standards The following design and construction standards shall apply to roadworks constructed under this document and the Conditions of Approval: Page 18
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Page 19 [OCR of page images] fo fo bo fl 6.2 Page 12 a. The design of the horizontal and vertical alignment shall comply with latest Main Roads Road Planning and Design standards, (also available from the internet). _b. Vehicle design speeds through roundabouts shall not fall below 30 kph and the differential design speed within adjacent elements of the roundabout should not vary by more than 10 kph. c. Pavement design shall take into account projected traffic volumes for a design life of 20 years. d. Designs shall employ best engineering practice conform to appropriate Australian standards, and road user safety must be of paramount consideration, and be accompanied by a road safety audit report. e. The Manager Land Development shall approve all designs for works to be designed and / or constructed by the Applicant prior to commencement of work. Eenie Creek Road 6.2.1 Upgrade of Eenie Creek Road from Eumundi Noosa Road to Walter Hay Drive from two lanes to four lanes The Applicant shall, at no cdst to the Council, design and construct an upgrade of Eenie Creek Road from Eumundi Noosa Road to Walter Hay Drive from two lanes to four lanes in accordance with the Conditions of Approval. 6.2.2 Access intersection with Eenie Creek Road The Applicant shall design and construct the access intersection with Eenie Creek Road in accordance with the Conditions of Approval. The Applicant shall dedicate any land required for the access intersection at no cost to the ° Council, including any land that may be required to facilitate the type of intersection referred to in Clause 6.2.3. 6.2.3 Future Impacts on the Arterial Road Network Should the Council and the Applicant agree that the access intersection to the Shire Business Centre on Eenie Creek Road is unsatisfactory because there are adverse impacts on the arterial road network or to the traffic management of the Shire Business Centre, the Council may permit the Applicant to make adjustments to the type of intersection and any such works shall be undertaken by the Applicant ‘at no cost to the Council. Nothing in this clause: shall prevent the Council from lawfully conditioning an application for a development permit for a future stage of the Shire Business Centre so as to require the access intersection to be upgraded. The Manager Land Development shall approve the design of any modifications to the type of intersection. 6.2.4 Upgrade of Eenie Creek Road from Walter Hay Drive to Reef Street from two lanes to four lanes Page 19
Section 22
Page 20 [OCR of page images] 6.3 Page 13 The Applicant shail, at no cost to the Council, construct two additional westbound lanes on Eenie Creek Road between its intersections with Walter Hay Drive and Reef Street in accordance with the Conditions of Approval. 6.2.5 Access to Lot 1 on RP215933 — Childcare Centre Access to existing Childcare Centre on Lot 1 on RP215933 shall be retained at all times by the Applicant in accordance with the Conditions of Approval. 6.2.6 Eenie Creek Road Stage 2 ‘For avoidance of doubt it is agreed that the Applicant is not required to construct any part of Eenie Creek Road Stage 2 and that the Council will use its best endeavours to complete its construction by June 2005. 6.2.7 Cycle Ways / Bicycle lane from Shire Business Centre to Eumundi Noosa Road The Applicant shall construct a 2m wide pedestrian/bicycle pathway on Eenie Creek Road from the Shire Business Centre to the intersection of Eenie Creek Road and Eumundi Noosa Road in accordance with the Conditions of Approval. 6.2.8 Design Costs for Eenie Creek Road The Applicant shall pay to the Council its reasonable costs incurred for the design of two westbound lanes of Eenie Creek Road between Reef Street and Walter Hay Drive referred to in clause 6.2.4. The Applicant shall be responsible to undertake the design of Eenie Creek Road between Walter Hay Drive and Eumundi Road inclusive of the access to the Shire Business Centre at no cost to Council , 6.2.9 Supervision The Applicant shall pay to Council for the reasonable costs incurred by the Council in supervising the construction of works referred to in clause 6.2. Walter Hay Drive 6.3.1 Alignment Works required in Walter Hay Drive shall be generally in accordance with Council’s approved alignment as indicated in the planning and design concept for Walter Hay Drive, approved by Council on 1 May 2003, as further modified by GHD plan 41-12240-C027 revision B in Annexure 3, or as subsequently approved by Council for the detailed design. 6.3.2 Funding Responsibilities This document acknowledges that Walter Hay Drive Construction is being funded as a two lane two way road pursuant to a Demaining Agreement by the Main Roads Department and that changes to alignment will become necessary to accommodate a northern and a southern roundabout to the Shire Business Centre off Walter Hay Drive. The design of the road and bridgeworks prepared by GHD has included all works required to construct Walter Hay Drive inclusive of these two roundabouts. Page 20
Section 23
Page 21 [OCR of page images] Page 14 The extent of funding responsibility of the Applicant to make a monetary contribution under this infrastructure agreement is shown in Annexure 4 and includes: a. a northern roundabout on proposed Walter Hay Drive providing access to the proposed development and associated road work; b. two northbound lanes on Walter Hay Drive between Eenie Creek Road roundabout and the northern roundabout on proposed Walter Hay Drive providing access to the proposed development referred to in clause 6.3.2 a; and ¢. a southern roundabout providing access to the proposed development on the section of the proposed Walter Hay Drive to the south of the roundabout referred to in clause 6.3.2 a and associated road work. : 6.3.3 Southern Roundabout The.parties agree that: a. The southern roundabout access referred to in clause 6.3.2 ¢ is not required in respect of the Development Application; b. The Applicant could be lawfully conditioned to provide the southern roundabout in connection with an application for a Development Approval for a Future Stage; c. Additional construction costs would be incurred in altering Walter Hay Drive to include the southern roundabout when a Future Stage is developed; ‘| The Applicant will make a monetary contribution to enable the southem roundabout to be constructed contemporaneously with the construction of Walter Hay drive, to avoid the additional costs referred to in clause 6.3.3 c. 6.3.4. Design and Supervision Costs (erent The Applicant agrees to pay: a. Council’s reasonable design. costs for the works in clauses 6.3.2 a to c inclusive; and b. Council’s supervision / administration costs for the works in clauses 6.3.2 a to c inclusive calculated at 2.5% of the estimated cost of Walter Hay Drive Works as determined by clause 6.3.6. 6.3.5 Timing of Walter Hay Drive Works The Council agrees to have the works listed in clauses 6.3.2 a to b completed by 31* January 2006. The Council also agrees to use its best endeavours to have the remaining works for Walter Hay Drive Construction completed by 31" January 2006. 6.3.6 Cost of Walter Hay Drive Works Page 21
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Page 22 [OCR of page images] 6.4 6.5 Page 15 For the works listed in clauses 6.3.2 a to c inclusive, the amount of contributions shall be determined in accordance with certified progress claims for the relevant works in accordance with Clause 6.4. 6.3.7 Applicant not required to construct Walter Hay Drive For avoidance of doubt, but’ subject to the provisions of clause 6.3.2, it is agreed that the Applicant is not required to construct any part of Walter Hay Drive, such construction being the responsibility of the Council. 6.3.8 Pedestrian/bicycle underpass under Walter Hay Drive The Applicant shall contribute to Council for a pedestrian/bicycle underpass under Walter Hay Drive. The amount of contribution shall be assessed as 50% of the cost of constructing the underpass, determined in accordance with certified progress claims for the relevant works in accordance with Clause 6.4. The underpass works shall include the structure, headwalls, lighting, drainage and associated works required by the roadworks contract documentation. The Applicant shall construct bike paths between the pedestrian/bicycle underpass under Walter Hay Drive and under Eenie Creek Road to the proposed development within road Teserve at no cost to the Council to the reasonable satisfaction of the Manager. Timing for Payment Any works to be paid for by the Applicant by way of contribution to the Council shall be the subject of an itemised progress claim certified by the Superintendent appointed by the Council to administer a contract to be let for Walter Hay Drive Construction and the relevant works being the subject of the contribution. - Within 14 days of being advised by the Council in writing that a progress payment has been certified for works in respect of which the Applicant is required to make a contribution (including the provision of a copy of the certified progress claim) the Applicant shall pay to the Council the amount so certified for the relevant works. Within one month of being advised by the Council in writing of other costs the Applicant is required to meet pursuant to this Agreement, the Applicant shall pay to the Council the amount so advised. Dedication for public road purposes for Walter Hay Drive The Applicant shall dedicate to the State for the purposes of public road land shown in Annexure 6 for the proposed Walter Hay Drive at no cost to the Council. The final boundaries and area required to be dedicated is subject to survey and the Applicant shall submit for approval and sealing by the Council a Survey Plan excising the area to be dedicated: a. within 12 months of the Development Permit taking efféct.in accordance with the Act; or Page 22
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Page 23 [OCR of page images] Lo bo oo — 6.6 71 7.2 8.1: 8.2 8.3 Page 16 b. subject to this Agreement having become unconditional pursuant to Clauses 8 and 9, within 1 month of Council advising the Applicant that it has advertised tenders for the Walter Hay Drive Construction; or c. contemporaneously with the dedication of Open Space required in Clause 4.1. whichever is the earliest. Surplus Parts of Existing Road Reserve The Council acknowledges that the Applicant will seek to acquire any portions of the existing road reserve that is generally in the location of the proposed Walter Hay Drive, adjoining the Land and which is not required for the purposes of Walter Hay Drive. The Council agrees to support any application made by the Applicant to the Department of Natural Resources and Mines to acquire any such surplus land for inclusion in the Shire Business Centre. OWNERSHIP OF INFRASTRUCTURE ‘ Infrastructure within the Proposed Development The Applicant will own infrastructure constructed on the Land excluding infrastructure ’ contained in public road dedicated from the Land. The Applicant agrees to construct and maintain infrastructure constructed on the Land to a standard acceptable to the Manager until such time as either the Council or the State’ accepts the ownership of infrastructure. Nothing in this clause binds either the Council or the State to accept ownership of , infrastructure within the development. ‘ Infrastructure External to the Proposed Development: The Council or the State will own infrastructure external to the Land, including works provided by the Applicant for Walter Hay Drive and Eenie Creek Road. CONDITIONS PRECEDENT Conditional Upon Approval of Development Application This Agreement is conditional upon the Decision Notice taking effect in accordance with Section 3.5.19 of the Act. Infrastructure Agreement Terminates If the Decision Notice does not.take effect in accordance with Section 3.5.19 of the Act, then this Agreement will automatically cease and determine. Conditional Upon Applicant Becoming Owner of Land This Agreement is conditional upon the Applicant completing its purchase of the Land in accordance with the terms of the contract of sale between the Applicant and the owner of / the Land. Page 23 be
Section 26
Page 24 [OCR of page images] —L col od 10 8.4 9.1 10.1 10.2 10.3 Page 17 Failure to Complete Contract If the Applicant does not complete the purchase of the Land in accordance with the terms of the contract of sale referred to in Clause 8.3, then this Agreement may be terminated by either party giving written notice of termination to the other. CONDITIONS — SUBSEQUENT Lapse or Cancellation of Permit If the Development Permit: 9.1.1 lapses in accordance with Section 3.5.21 of the Act; or 9.1.2 is cancelled upon the request of the Applicant in accordance with Section 3.5.26 of the Act then, to theextent that this Agreement is not completed, this Agreement will automatically cease and determine. FUTURE STAGES OF SHIRE BUSINESS CENTRE The Shire Business Centre shall be developed in accordance with Master Plan 2, in stages consistent with the needs of the community. Description of Stage 1 and Future Stages a. The Development Application relates to Stage 1 of the Shire Business Centre being a Retail Centre of 18,300m? TUA, a Showroom/Homemaker Centre of 7,000m? TUA and a Commercial and Business component of not more than 5,000m? TUA. b. Future stages of the Shire Business Centre on the Land as contemplated by Master . Plan 2. c. Future stages of the Shire Business Centre on land other than the Land as contemplated by Master Plan 2. Intent re Stage 1 and Future Stages This Agreement is intended to give the Applicant certainty as to the contributions and/or infrastructure charges that will be payable by it or its successors in title in respect of Stage 1 and future stages of the Shire Business Centre on the Land and also to give the Council correlative certainty as to the contribution to the community that will be made by the Applicant. Extent of Immunity of Future Stages of the Shire Business Centre on the Land from Infrastructure Conditions/Charges a. Subject to Clause 10.3b, provided that the intensity of development of a Future Stage does not exceed Master Plan 2, and subject to the provisions of clauses 6.2.3 and 10.4, the Council agrees that having regard to the contributions and physical infrastructure provided for in this Agreement and the Conditions of Approval in respect of roads, cycle ways, parks, open space, nature conservation, public Page 24
Section 27
Page 25 [OCR of page images] 11 10.4 10.5 11.1 Page 18 recreational facilities (land, cycle and pedestrian pathways), bushland preservation, urban drainage, water quality, or waterway management, the Applicant and its successors in title shall not be required in respect of Future Stages of the Shire Business Centre on the Land to undertake work, pay contributions (by way of conditions imposed on any application) on account of, nor to pay infrastructure charges levied in accordance with the Act for works external to the Land relating to roadworks, cycle ways, parks, open space, nature conservation, public recreational facilities (land, cycle and pedestrian pathways), bushland preservation, water quality, or waterway management. b. The Applicant may be required to undertake work, pay contributions, or pay infrastructure charges to the extent that the intensity of the development proposed for a Future Stage exceeds the intensity of development envisaged under Master Plan 2. c. For avoidance of doubt, the references to intensity of development in Clauses 10.3a and b have regard to the extra demand that would be placed upon infrastructure © through any increase in the intensity of development. Future Stages Not Immune From Urban Water Cycle and Sewerage Headworks | Contributions/Charges a. Notwithstanding the provisions of Clause 10.3, the Applicant accepts that it will be required to pay headworks charges for water supply and sewerage infrastructure external to the Land by way of conditions or infrastructure charges, lawfully levied at the rates applicable at the relevant time or times in respect of applications for development approvals for Future Stages of the Shire Business Centre on the Land. b. For avoidance of doubt, the Applicant shall not be required to pay any further contributions or infrastructure charges for water supply or sewerage infrastructure consequent upon the approval of further Development Applications for Stage 1 above those required by the conditions of approval. : Future Stages of the Shire Business Centre not on the Land as contemplated by Master Plan 2 With regard to any application for a development permit for Future Stages of the Shire Business Centre not on the Land, whether or not made by the Applicant, this Agreement notes that Council, at its special meeting of 30" July 2003, Council resolved that it was not satisfied that infrastructure required by the Conditions of Approval is of such benefit to the owner of lot 1 on RP 215933 that would require a. reimbursement by the owner to the Applicant , The Council may, however, consider reimbursement to the Applicant if Council receives a contribution other than from the Applicant toward the cost of intersection works required by Clauses 6.2.2 or 6.2.3. GST Definitions In this clause: Page 25
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Page 26 [OCR of page images] 11.2 Page’ 19 “taxable consideration” means any act or thing done pursuant to or in consequence of this document which is consideration for a taxable supply by the Council. “consideration” has the meaning given in A New Tax System (Goods and Services Tax) Act 1999, “GST” has the meaning given in 4 New Tax System (Goods and Services Tax) Act 1999. “GST Act” means the A New Tax System (Goods and Services Tax) Act 1999. “taxable supply” has the meaning given in A New Tax System (Goods and Services Tax) Act 1999, Payment of GST a. Any amount to be paid to a party (“the Supplier”) by the other party (“the Recipient”) under this Agreement which is consideration for a taxable supply made by the Supplier shall be increased by the amount of GST which the Supplier is obliged to pay in respect of that taxable supply pursuant to the GST Law, the intention being that the Recipient shall reimburse the Supplier that amount of GST in addition to the consideration otherwise expressed herein as payable in respect of that’ taxable supply. b. The Recipient must pay the GST contemplated in clause 11.2a: @ on demand upon receipt of a tax invoice for the relevant taxable supply issued by the Supplier which complies with the GST Law; and (ii) in the same manner as the Recipient is required to pay for the taxable supply to which the GST contemplated in clause 11.2a relates, unless otherwise agreed by the parties.*" c. Any amount to be paid by a party (“Reimbursing Party”) to the other party (“Reimbursed Party”) under this Agreement which is not consideration for a taxable supply made by the Reimbursed Party to the Reimbursing Party shall be reduced by the amount of input tax credits to which the Reimbursed Party is entitled in respect of the creditable acquisition for which reimbursement is being sought, the intention being that the Reimbursing Party only reimburses the Reimbursed Party for the net cost of the acquisition. , d. Without limiting the foregoing provisions of this clause 11 in any manner, if a payment to satisfy a claim or a right to claim under or in connection with this Agreement (for example, for misleading or deceptive conduct, misrepresentation, a breach of any warranty, an indemnity, or for reimbursement of any damages or expense) gives rise to a liability to pay GST, the payer must pay, and indemnify the payee against, that amount of GST. e. Ifa party has a claim under or in connection with this Agreement whose amount depends on actual or estimated revenue or which is for a loss of revenue, revenue must be calculated without including any amount received or receivable as Page 26 =
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Page 27 [OCR of page images] 12 13 12.1 12.2 12.3 13:1 13.2 Page 20 reimbursement for GST (whether that amount is separate or included as part of a larger amount). NOVATION OF DEED UPON SALE Restriction on the right to Sell the Land Subject to Clause 12.3 (Restriction not to apply to subdivided Lots), the Applicant shall not Sell the Land or a precinct within the Land as shown on. Master Plan 2, prior to the performance and fulfilment of the Applicant's obligations under this document unless the purchaser shall enter into a deed of novation of this document with the Council whereby the purchaser becomes contractually bound to the Council to perform and fulfil the provisions of this document or such of them as remain unperformed or unfulfilled by the Applicant at the time of such Sale. Applicant Remains Liable Until Purchaser Signs Until the proposed purchaser executes and delivers the required deed of novation or in the event of a Sale being made otherwise than in compliance with clause 12.1 (Restriction on the right to Sell the Land): a. the Applicant remains liable for the performance and fulfilment of this document as though no Sale had taken place; and b. the Applicant shall perform and fulfil such of its obligations under this document as have not been performed and fulfilled immediately or at such other time or times as the Council stipulates, even if the time or times otherwise appointed for such performance and fulfilment have not then arrived. Restriction not to apply to subdivided Lots _ Clause 12.1 (Restriction on the right to Sell the Land shall not apply to a Sale in the © ordinary course of entering into agreements to Sell Lots which conform to a design approved by the Council and are shown on a registrable Plan for the Reconfiguring of the . Land or a Building Format Plan consented to by the Council. SERVICE Service by prepaid post A Notice is sufficiently made, given or served by a party if left at or forwarded by prepaid post in an envelope addressed to the other party or any ‘of them (where there are more persons than one comprising the Applicant) at the address specified in Schedule 1. Service by post A Notice if sent by prepaid post is deemed to have been made, given or served at the time when in the due course of the post it would be delivered at the address to which it is directed whether or not it is actually received. Page 27
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Page 28 [OCR of page images] Page 21 13,3 Proof of service In proving service of a Notice made, given or served by the Council it is only necessary for the Council to certify to that effect under the hand of the Chief Executive Officer. In proving service of a Notice made, given or served by the Applicant it is only necessary for the Applicant to certify to that effect under the hand of a director of the Applicant. 13.4 Form of Notice a. A Notice given by a party must be in writing and signed by the party. b. A Notice given by a party may be signed by an officer of that party or the solicitor for that party. c. A party receiving a Notice is not obliged to enquire as to the authority of the person signing the Notice. 14 MISCELLANEOUS 14.1 * Payment of costs The Applicant shall pay its own costs and Council’s reasonable costs of and incidental to the preparation of this agreement. 14.2 Time Time is, in all cases, of the essence. 14.3 Place for payment of monies e All monies payable to a party under this document are payable free from all deductions at the address of that party specified in Schedule 1... - . 14.4 Waiver No waiver by either party of any breach by the other party of any of the provisions of this document shall be implied against the other party or be otherwise effective unless it is in writing under the hand of the Chief Executive Officer or a director of the Applicant. 14.5 Laches and delay No laches or delay by the Council or the Applicant at any time or times.in enforcing any of its rights, powers and the like under this document prejudice or affect those rights or powers. 14.6 Power of entry The Applicant shall permit the Council and the Council's Agents authorised by the Chief Executive Officer, at all reasonable times during the operation of this document to enter into and upon the Land for the purposes of: a. examining and inspecting the state and condition of the Land; and Page 28
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Page 29 [OCR of page images] 14.7 Page 22 ascertaining whether the obligations of the Applicant under this document have been duly performed and fulfilled; and making good at the-cost and expense of the Applicant any breach of such obligations provided that a Notice shall be given to the Applicant before such expenditure is incurred; exercising the Council's rights under this document to enter into and upon the Land; and works associated with the Walter Hay Drive Construction. Severance “if any provision of this document cannot be given effect or full force and effect by reason of statutory invalidity that provision shall be severed or read down but So as to maintain and uphold so far as possible the remaining provisions of this document. 14.8 _ Warranty of authority Any person signing this document: (a) (b) as attomey of any party warrants to the other parties that at the date of execution that person has not received any notice or information of the revocation of the power of attorney appointing that person; and as an authorised officer, agent or trustee of any party warrants to the other parties that at the date of execution that person has full authority to execute this document in that capacity. . 14.9 Further assurances Each party agrees at its cost to do everything reasonably necessary to give effect’to this © document. 14.10 Force Majeure (a) (b) (c) If a party is unable by reason of an event of Force Majeure to carry out its obligations under this document, that party must give a Notice to the other party advising of the event of the Force Majeure as soon as it is reasonably practicable after the event of a Force Majeure. If a party gives a Notice advising of an event of Force Majeure, that party’s obligations will be suspended during the period for which the event of Force Majeure or its effect extends. Where the obligations of a party are dependent upon the occurrence of specified circumstances, then the party will be relieved of its obligations for so long as there is a change or deviation or non-occurrence of those circumstances arising from a matter beyond the party’s control. Page 29 oe
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Page 30 [OCR of page images] 14.11 (@) () Page 23 Amendment of document Despite any provision of this document, the Council and the Applicant may at any time agree to vary the terms of this document. No modification, variation or amendment of this agreement is of any force or effect unless: @) it is in the form of an amendment agreement and has been signed by the parties; and dp where relevant the amendment agreement complies with the requirements _ of the Act. Page 30
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Page 31 [OCR of page images] ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 ITEM 6 ITEM 7 Page 24 SCHEDULE 1 —- AGREEMENT DETAILS ‘ Date 4s rl OCTR BER, AQoos. Name of Agreement Council Name of Local Government Address of Public Office » Applicant Name Address of registered office Land Description County Parish Area Title Reference Address Development Application Noosa Shire Business Centre - Part (Lot 2 on SP 110885) . Infrastructure Agreement Noosa Shire Council 9 Pelican Street, Tewantin Qld 4565 Mirose Pty Ltd ACN 010 278 118 ° Unit 10, 211 Montague Road West End Qld 4101 Lot 2 on SP 110885 March + Tewantin a i 50.77 hectares 50223083 Eenie Creek Road, Noosaville Application for a Development Permit for Material Change of Use for Stage 1 of the: Shire Business Centre on part of the Land described by metes and bounds lodged with | the Council as Assessment Manager under the Act on 19 June 2002 as amended in response to the Information Request on 6 November 2002. Present Designation Zones Strategic Plan Designations Future Urban and Rural Pursuits Shire Business Centre; Rural Conservation and Open Space — Conservation and Waterway Protection Page 31
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Page 32 [OCR of page images] Annexure 1 — Decision Notice DA 22803 dated 18 August 2003 Page Page 32 25
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Page 33 [OCR of page images] ea Mee Formé - Negotiated Decision Notice INTEGRATED PLANNING ACT 1997, $3.5.15, IDAS DEVELOPMENT APPLICATION File No: 22803 DA Date of Decision: 14 August 2003 4 : APPLICANT DETAILS Name: MIROSE PTY LTD Postal address: ATTN: GEORGIE MOTT C/- STOCKWELL, PO BOX 3144 SOUITH BRISBANE QLD 4101 Phone no: 3004.6833 Fax no: 3004.6899 Mobile: 0402 131979 [2 PROPERTY DESCRIPTION Street address: | NONE EENIE CREEK ROAD Suburb/locality | NOOSAVILLE Real property PART OF LOT 2 ON SP 110885, PARISH OF TEWANTIN, COUNTY OF MARCH description: 13. OWNER DETAILS Name: , JOHN S & KATHLEEN M HOFMANN Postal address: "WEYBA RANCH" PO BOX 354 NOOSA HEADS Postcode: 4567 4. REFERRAL AGENCIES : | Referral Agency Address ‘ Basis Department of Main Roads PO Box 183 Gympie 4570 Advice Department of Natural Resources & Mines PO Box 573, Nambour Qld 4560 Advice Environmental Protection Agency Environmental Health Section Concurrence (devolved to Noosa Council) PO Box 141, Tewantin Qld 4565 |5.__ APPLICATION TYPE | Development Development Details Preliminary Development Approval Permit Material Change of Use Shire Business Centre - Stage 1 NO YES [6 DECISION DETAILS | Council on 1 May 2003, decided to:- A. Grant a preliminary approval subject to conditions. B Advise that the bank guarantee for $75,000 submitted as Part of the fee for the assessment of the application, is to be called up by Council to cover the costs incurred. In relation to the representations made about tl Council on 14 August 2003, resolved to iss subject to conditions. he issue of a preliminary approval and a number of conditions, ue a Negotiated Decision Notice granting a Development Permit, Page 33
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Page 34 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice i7. APPLICABLE CODES «Not applicable, 8. SUBMISSIONS 3341 properly made submissions were received. 1125 not properly made submissions were received. 9. CONDITIONS The approval is subject to conditions. Noosa Council's conditions are attached. The Environmental Protection Agency conditions as a concurrence agency:are also attached. i 10. | FURTHER DEVELOPMENT PERMITS REQUIRED | Type of Development Permit required Building Works Operational Works Subject of the required Development Permit Shire Business Centre - Stage 1 Roadworks, landscaping, car parking and access, frontage works, stormwater disposal, sediment and erosion control and earthworks [11. _ RIGHTS OF APPEAL Rights of appeal in relation to this application are attached. | 12. | ASSESSMENT MANAGER Name: Noosa Council Signature: Lescaneiif | DEGISION:NOTIGE HISTORY. * Original Decision:Notice t:Nay:2003. / }s Negotiated Decision. Notice: with’ an:amendirient:to.a. development :permit:and -anumbersof ‘conditions: 14: a DP Date: 18/08/2003 August:2003. A o:\databaselonestop\decision.doc Page 34
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Page 35 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice ° . 3 Kacy NOOS, Noosa Council Conditions INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION 1. Deleted. 2. All revised architectural, engineering, management plans, audits and further information required by these conditions shall be to the reasonable satisfaction of Council and be submitted to the Council at the cost of the applicant for approval with an application for a development permit for operational - works or when otherwise required by these conditions. The cost of assessment of such material by the Council or its consultants shall also be at the applicant's cost. The applicant shall implement the Tecommendations of the approved pians and reports. Definitions 3. For the purpose of this development permit the following definitions will apply: MP2 - Shire Business Centre Master Plan: Stage 2 adopted by Council on 10 April 2003 OS1 — Open Space (Environmental) in accordance with MP2 OS2 — Open Space (Environmental) in accordance with MP2 OS3 — Open Space (Preservation of visual amenity) in accordance with MP2 OS5 — Open Space (Preservation of visual amenity) in accordance with MP2 OS7 — Open Space (Environmental Drainage) in accordance with MP2 Approved Plans — means the Architectural plans prepared by B+N and CCN Architects, more Particularly described in Condition 4.2 TUA - Total Use Area as defined by the Schedule to the Planning Scheme with the exception that the words, “plus any other area of the site which is also used or intended for use for the same purpose” are removed from the definition. SBC - Shire Business Centre Approved Plans 4, With regard to the approved plans for the development: 4.1. The development shall be undertaken generally in accordance with the approved plans unless otherwise stated in these conditions. 4.2. The drawings approved for the development are (“Approved Plans’): Q0201.01.1b/U - Site Plan Q0201.01.b/U - Overall Site Plan Q0201.02.1b/S - Retail Site Plan Q0201.03.1/S - Retail Roof Plan Q0201.04.1/S - Retail Elevation Q0201.04,2/S - Retail Elevation Q0201.05/S - Retail Elevation Q0201.06/S - Retail Sections Q0201.07/S - Retail Sections Q0201.08/U - Showroom Site Plan Q0201.09.1/T - Showroom Elevations Q0201.09.2/T - Showroom Elevations A oAdatabase\onestop\decision.doc Page 35
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Page 36 [OCR of page images] = | NOOSA COUNCIL IDAS Development Application Decision Notice _ Q0201.10b/S - Commercial Site Plan | Q0201.11.1/S - Commercial/Business Elevations Q0201.11.2/S - Commercial/Business Elevations ~ | Q0201.15/S - Retail Environmental Control Systems Scale and Types of Uses “| 5. The uses allowed on the subject site and the scale of those uses are as follows: 5.1. The shop floor space for the Retail Centre shall not exceed 18,000m?,TUA. The uses _ | nominated on the approved plans shall generally accord with the following TUA’s: | ‘| oo Supermarket (Shop) 3,500 m? Mini-Major (Shop) 1,200 m? Discount Department Store (Shop) 6,500 m? Speciality Retail (Shop) & Professional Offices 6,800 m2 Restaurants 200 m? Centre Manager 115 m? Staff Areas 50 m? Public Toilets 150 m? Service Station 100 m? ~ | 5.2. The uses allowed in the Retail Centre are: | | | 5.3. The Showroom/Homemaker floor s Shops Professional Offices Commercial Premises Commercial Services Restaurants Service Station Service Shops Fast Food Premises Medical Centre Outdoor Entertainment, and Special Purposes TUA. The uses allowed in the Showroom component are: i A o:\database\onestop\decision.doc Showroom Commercial Premises Commercial Services Medical Centre Professional Offices Warehouse Educational Establishment, and Special Purposes pace for the showroom component shall not exceed 7,000m? Page 36
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Page 37 [OCR of page images] | NOOSA COUNCIL IDAS Development Application Decision Notice 5 : | 5.4. The commercial and business floor space for the Commercial and Business component shall not exceed 5,000m2 TUA. The uses allowed within the Commercial and Business component are: . Commercial Premises . Commercial Services . Medical Centre . Professional Offices . Warehouse . Educational Establishment, and . Special Purposes Staging of Development _ 6. With Regard To The Development Staging:- 6.1, A Discount Department Store must be constructed as part of the Retail Centre component. _ 6.2. The 5,000m? Commercial/Business component must be constructed concurrently with the construction of the Retail Centre component. 6.3. The Retail Centre component shall not commence until at least 40% of the proposed - Commercial/Business component of floor space is contracted for sale or lease. Proof of the | contracts of sale or lease shall be submitted to Council prior to the Retail Centre component commencing use. : _ Homemaker/Showroom components are excluded from the above provisions. Building Design _ 7, The building design for the Retail Centre development shall be generally in accordance with the _ 7.3. 7.1, 7.2. 7.4, 7.5. 7.6. 7.7. approved plans subject to such modifications as are required in order to address the following: Deleted. ‘ Provide a lit continuous. pathway along the entire northern frontage of the Retail Centre to connect the precincts on either side to the east and west of the SBC site. A pedestrian/cycleway link is to be maintained beside the OS7 area on the westem side to provide a north south link through the site. Once the internal loop road is completed the service vehicles entering this area of the site are to be limited with priority maintained for pedestrians and cyclists. Works required in order to prevent conflict between pedestrians/cyclists and vehicles are designed by a Registered Professional Engineer and are to be implemented. Any pathways shall remain open during business hours to allow for free unhindered access. The detailed design treatment of the service vehicle and pedestrian/cycleway adjacent to the * open space area (OS7) shall be provided with an application for operational works. The sealed area beside OS7 shall be utilised as a pedestrian/cycleway providing access beside the OS7 corridor to link with the intemal ring road and other parts of the site. The treatment of this area shall be to the satisfaction of Council. Amenities shall be provided for the Retail Centre generally in accordance with the approved plans and shall include provision for parent rooms. The design shail include light-weight elements such as colorbond and timber that are consistent with “Noosa Character” to the reasonable satisfaction of the Manager - Land Use. The applicant shall provide a copy of the design drawings detailing the features that are consistent with “Noosa Character’ prior to the issue of a development permit for building works. A o:\database\onestop\decision.doc Page 37
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Page 38 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice 6 7.8. A Public Art Plan shall be submitted specifying street furniture and art forms to be provided throughout the development prior to the issue of a development permit for building works and to the reasonable satisfaction of the Manager - Land Use. The street furniture and art forms shall be related to a theme that reflects the cultural heritage of the area. The preferred approach to integrated public art is to include artist in project development teams at the outset of capital works planning and delivery. : The public art can involve the commission of designers to create functional items for internal and external environments that may include, but not limited to, chairs and seating, desks and tables, filing and storage items, lighting, door handles, carpet, textiles and fabrics, and the design and treatment of floors, paving, walls, windows, doors, fencing, lifts and stairwells. It can involve the purchase of existing works to be Permanently sited in public places or the provision of community cultural facilities. 8. The building design for the Showroom component shall be generally in accordance with the approved Plans subject to such modifications as are required in order to address the following: 8.1. The buildings and service area on this part of the site shall be relocated further from the Eenie Creek Road and Walter Hay Drive frontages so as to allow for a 10 metre wide open space ‘area (O53) within the subject site, with the exception of the 5 metre (approximately) strip of "service roadway in the vicinity of Showroom Building D. The existing native vegetation within the open space area (OS3) shall be protected to screen the development from these roadways. A 1.8 metre fence painted green is to be erected beside the service road to help screen the ‘back of house’ area. 8.2. The buildings shall not exceed a maximum length of 50 metres in any one plane without articulation of at least 2 metres being provided. 8.3. The length of any building shall not.exceed 80 metres. 8.4. The building design shall incorporate sufficient pedestrian/cycle pathways between buildings to provide unimpeded access to the pedestrian tunnels (existing & proposed). To this end the following shall be provided: 8.4.1. Open space areas shall have a width of not less than 10 metres between the buildings to allow for the proposed pathways. Pathways are to be enhanced by landscaping comprised primarily of endemic species. 8.4.2, One open space area is to align with the existing tunnel under Eenie Creek Road west of the existing roundabout. . 8.4.3, One open space area is to align with the Proposed pedestrian pathway under Walter Hay Drive to the east of the existing roundabout. 8.5. Deleted. 8.6. The design shall include lightweight elements such as colorbond and timber that are consistent with “Noosa Character’ along with some pitched roofing, roof overhangs, window hoods and colour banding using muted earth tones generally in accordance with the approved plans to the reasonable satisfaction of the Manager - Land Use. The applicant shall provide a copy of the design drawings detailing the features that are consistent with “Noosa Character” prior to the issue of a development permit for building works. 8.7. Deleted. 9. A maximum of four flagpoles are allowed to be erected within the development. The flagpoles are not to be used for advertising purposes. 10. Deleted. Ao:\database\anestop\decision.doc Page 38
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[OCR of page images]
Z NOOSA COUNCIL IDAS Development Application Decision Notice
| 11.
1
12.
— 43.
: | : 14.
. | . 15.
~ 16.
7
The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the
AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products -
Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2).
All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and
washing machines are excluded from this requirement.
Dedication and Management of Open Space
The applicant is required at its cost to dedicate to the Crown for environmental park purposes the land
shown hatched in red (defined by Annexure 1), labelled OS1 and OS2 {less an area of land having a
width of 40 metres adjacent to E7 on MP2, which is to remain in private ownership free from
development (Private Open Space)). This dedication will occur within 12 months of a development
permit for material change of use taking effect or Prior to the use commencing which ever is the
earlier.
Prior ‘to the use commencing, the Private Open Space shall be protected by a registered
environmental covenant, which shall ensure that the existing native vegetation is maintained to the
satisfaction of Council. The costs associated with the Preparation and registration of the covenant
shall be borne by the applicant.
A suitably qualified person in consultation with the Council shall prepare a Public Open Space
Management Plan (POSMP) for the area of land defined by Annexure 1 (referenced in condition 12)
which is to be dedicated as Public Open Space and the Private Open Space.
The POSMP shall achieve the following objectives:
15.1. The primary role of OS1 and OS2 is for conservation and waterways protection.
15.2, Vehicle access will be kept to a minimum and limited to fire and emergency vehicles and
Council maintenance vehicles. All unnecessary existing tracks and trails will be closed off and
rehabilitated and vehicle access points will be limited to as few as possible.
15.3. In genera, public access to Eenie Creek will not be encouraged.
15.4. Bicycles, vehicles, horses and other high-impact recreational activities will not be permitted in
this area.
15.5. Walking tracks or jetties will not be constructed.
15.6. Playground and picnic facilities, rubbish bins and other facilities associated with recreational
parkland will not be provided. :
15.7, Future management and maintenance shall ensure that this area is as self-sustaining as
possible.
The POSMP shall, inter alia:
16.1. include a statement of environmental values, management issues and management objectives;
16.2. include the recommendations from the Bushfire Management Plan for the Public Open Space;
16.3, include relevant information about the protection of flora, fauna and water quality conditions
contained in this approval;
16.4. identify weed control, erosion control and rehabilitation needs within the area and detail how the
necessary works shall be undertaken;
16.5. identify ail existing access points into the Public Open Space and recommend how these shall
be managed;
16.6. document any rehabilitation, planting or thinning requirements for the Public Open Space;
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Page 40 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice . 8 : tn - ts 21. 24, 26. 20. 16.7. document the likely edge-effects from which this Public Open Space is likely to suffer and their: sources and causes, and recommend actions to avoid or minimize these; and 16.8. document all the works and items that the applicant shall undertake, or provide, to establish and secure the Public Open Space prior to dedication. 16.9. include any fire management measures necessary for ecological purposes. Prior to the dedication of the Public Open Space, the applicant shall: 17.1. undertake all the weed control, erosion control and rehabilitation works specified in the POSMP; 17.2. undertake the fuel reduction specified in the POSMP; 17.3. construct and/or provide ail the fire trails, fire breaks, hydrants, etc. as specified in the POSMP; 17.4. undertake or provide any other works and facilities specified as the applicant's responsibility in the POSMP (eg. traffic barriers, gates, fencing, etc.) With regard to the Public Open Space Management Plan (POSMP): 18.1. The applicant shal! not commence any works (e.g. construction of firebreaks, traffic barriers, etc.) in the Public Open Space and the Private Open Space until Council approves the POSMP 18.2. The applicant shall submit the POSMP for approval by the Manager - Land Use prior to the © issue of a development permit for operational works for the works within the Public Open Space and Private Open Space. Approval of the POSMP by the Manager - Land Use shall not be unreasonably withheld or delayed, having regard to the requirements of Conditions 12 and 16. Open Space Area (OS3) - Preservation of Visual Amenity OS3 shalt be a minimum of 10m wide with the exception of the access points to the site where it may be reduced to 5.0 metres and or as required by the conditions of approval. With the exception of the area required for the bikeway and footpath to traverse OS3 and where street plantings are proposed, all the existing native vegetation on,OS3 shall be retained. The design and construction of the adjacent roads, drainage, buildings and other works shail not adversely impact upon the existing native vegetation in OS3 with the exception of entry statements in accordance with MP2 and approximately the 5 metre strip of service roadway in the vicinity of Showroom Building D. The species of street trees to be planted on the edge of, or adjacent to, OS3 shall be selected from the major tree species growing in OS3. Alternatively, they shall be in accordance with the landscaping requirements contained within this approval. Where necessary, reinforcement plantings and/or understorey thinning shall be undertaken in OS3 to: 23.1. restart stalled regenerative processes and facilitate ecological sustainability, and 23.2. facilitate the required visual screening. An ecologist in consultation with Council shall determine the need for, and the nature of the reinforcement plantings and/or understorey thinning. This consultation is to occur prior to the submission of the Site Rehabilitation Plan for the development in accordance with condition 81. Prior to the use commencing, OS3 shail be protected by a registered environmental covenant, which shall ensure that the existing native vegetation is maintained to the satisfaction of Council. The costs associated with the preparation and registration of the covenant shall be borne by the applicant. A o\databasetonestop\decision.doc Page 40
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Page 41 [OCR of page images] J fo Lf. Le. NOOSA COUNCIL IDAS Development Application Decision Notice 9 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Open Space Area (OS5) - Preservation of Visual Amenity OSS shall have a minimum width of 12m and a minimum length of 130m generally in accordance with the approved plans. Apart from providing for the temporary access roadway, the existing vegetation within this precinct is to be retained and shall not be disturbed to accommodate carparks, detention ponds, firebreaks or any other infrastructure. Following the construction of the internal loop road that provides access to this part of the site the temporary service road is to be removed and the area reinstated in accordance with the Site Rehabilitation Plan. Deleted. The design and construction of the adjacent roads, drainage, buildings and other works shall not adversely impact upon the existing vegetation in OS5 other than the temporary service road and the impact on the existing hydrological regime on which the vegetation depends shall be minimised. Prior to construction of the adjacent internal loop road, any clearing along the westem property boundary for the purposes of a firebreak shall exclude the vegetation/forest within OS5. The species of street trees to be planted on the edge of, or adjacent to, OS5 shall be selected from the major tree species growing in OS5. Alternatively, plantings shall be in accordance with the landscaping requirements contained within this approval. Where necessary, reinforcement plantings and/or understorey thinning shall be undertaken in OSS to: 31.1. restart stalled regenerative processes and facilitate ecological sustainability, and 31.2. facilitate the required visual screening. An ecologist in consultation with Council shall determine the need for, and the nature of the reinforcement plantings and/or understorey thinning to be undertaken within OSS. This consultation is to occur prior to the submission of the Site Rehabilitation Plan for the development in accordance with Condition 81. Prior to the use commencing, OS5 shall be protected by a registered environmental covenant, which shall ensure that the existing native vegetatiori is maintained to the satisfaction of Council. The costs _ associated with the preparation and registration of the covenant shall be borne by the applicant. Qpen Space Area (OS7) - Environmental Drainage The OS7 area shall be generally in accordance with MP2 and the approved plans, such that there is no net loss in the area of continuous open space in the OS7 area to facilitate the provision of infrastructure, but excluding the proposed future bridge. The existing drainage way shall be included within OS7 with at least 10m of native forest on either side of the watercourse. With the exception of: 35.1. the bikeways/pathways shown on MP2, 35.2. a revegetated (with native species) swale at the northern end of OS7, 35.3. outfalls for discharging treated stormwater into OS7 and associated erosion control works, 35.4, future bridge (subject of a future application) between retail centre and main employment node E1 No development or construction works shall be permitted in OS7. Deleted. Except where necessary for development works native vegetation shall not be disturbed. The design and construction of the roads, drainage, buildings and other works shall not impact upon the existing native vegetation in OS7. A o:\database\onestop\decision.doc Page 41
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Page 42 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice 10 39. 40. 41, 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. Where necessary, reinforcement plantings and/or understorey thinning shall be undertaken in os7 to: 39.1. restart the stalled regenerative processes and facilitate ecological sustainability, and 39.2, facilitate the required visual screening. An ecologist in consultation with Council shall determine the need for, and the nature of the reinforcement plantings and/or understorey thinning to occur in OS7. This consultation is to occur prior to the submission of the Site Rehabilitation Plan for the development in accordance with Condition 83. Prior to the use commencing, OS7 shall be protected by a registered environmental covenant, which will ensure that the existing native vegetation is maintained to the satisfaction of Council. The costs associated with the preparation and registration of the covenant shall be borne by the appiicant. Landscaping A suitably qualified person shall prepare a Landscape Management Plan (LMP) for the development. The LMP shall be driven by the concept of ‘Environmental Excellence’ (as embodied in the Strategic Plan & MP2). The LMP will .show how the development will be integrated into the existing natural environment, and how a unique landscape character will be achieved for the SBC site and it will be to the reasonable satisfaction of Council. This plan shall be submitted prior to an application a development permit for operational works (landscaping). Open space within the development is to be provided in accordance with the minimum requirements of MP2. To this end, landscaping is to be provided so that each component of the development shall have a minimum 10% open space of the area of any development site within a sub-precinct provided that the sub-precinct overall shall have a minimum Open space area of 15% of that sub-precinct. For the purposes of this condition, sub-precincts B1 & B2 may be assessed combined. Plant species used in the landscaping will primarily be species that are endemic to the SBC site. At least 85% of the species and 85% of the quantity of plants used in landscaping shall be endemic to the SBC site. However, ail the visually dorninant components of the landscape plantings, that is the ‘signature species’ (eg. street trees, shade trees in car Parks and feature plantings) shall be native species endemic to the SBC site. Trees and other plants shall not be planted in bedrock or subsoil that will be at the surface of the car Park areas after the proposed earthworks engineering works, In these areas, adequate soil and drainage shall be provided for all plantings. Fauna Protection Elf Skink The applicant shall update the Elf Skink Management Plan to include the recommendations of the Environmental Protection Agency in its letter dated 20 June 2003 and it will implement the plan. Wallum Froglets The applicant shall incorporate into the Stormwater Management Plan and EMP any reasonable and appropriate requirements made by the EPA with respect to the protection of and management of Wallum Froglets and their habitat on the Shire Business Centre site. Koala, Glossy Black Cockatoo and other Fauna Koalas shall not be encouraged (eg. by planting food trees) to utilise OS3. Plant species used in landscaping and revegetation works shall be selected to provide food and habitat for local fauna (eg. Allocasuarina spp. for Glossy Black cockatoos; Banksias for honeyeaters, etc.) Any internal fencing on the site shall be compatible with the movement requirements of koalas and other fauna. No unrestrained dogs shall be permitted on site during construction. A o:\databaselonestop\decision.doc Page 42
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Page 43 [OCR of page images] | NOOSA COUNCIL IDAS Development Application Decision Notice 1 _| 2 : | 53. | 54. | 55. 56. 57. _ | , 58. 59. 60. 61, 62. 63. 64. Vegetation Protection Deleted. A Risk Assessment Report (RAR) by a qualified arborist shall be prepared for all individual trees and stands of vegetation to be retained within or adjacent to the development areas. Particular attention will be given to retaining trees with hollows wherever practicable. The applicant shall implement the recommendations of the Risk Assessment Report. The existing hydrological and ecological characteristics of the downstream wetlands, poorly drained areas and Eenie Creek shall not be altered so as to cause detriment to the existing flora and fauna. During construction, the boundaries of the open space areas shall be clearly marked for the purpose of preventing access into these areas thereby protecting the vegetation and habitat values. Within the open space areas no indigenous vegetation shall be cut down, lopped, damaged, disrupted or adversely affected, without the prior written consent of Council. Within the development areas all areas of vegetation and individual trees to be retained shall be clearly marked. The applicant shall ensure these areas are protected during construction. Vegetation and individual trees to be retained in the development areas shall be healthy and vigorous. All underground services, drainage, footpaths and other site works shall be located to minimise adverse-:impacts on retained vegetation, particularly their root systems. Vegetation Removal ’ Vegetation removal, tree felling and lopping adjacent to vegetation to be retained in the open space areas and beside the vegetation adjacent to Stage 1 shall be undertaken in an environmentally sensitive manner to avoid damaging surrounding vegetation, trees and habitat. Prior to felling or lopping all trees are to be checked for wildlife (eg. koalas, cockatoos, possums). If wildlife species are present, the tree shall not be felled or lopped until the wildlife has left the tree. All cleared vegetation shall be suitably processed or removed from the site by a method approved by Council. Burning is not an acceptable means of disposal. Weed species cleared from the site shall not be mulched. Vegetative material from weed species shall be removed from the site and disposed of in a Council approved refuse tip. Weed and Pest Removal In order to protect the ecological values of the site the following apply: 64.1. Prior to first entering the site, all construction machinery and vehicles shall be washed down to remove soil that may contain weed seeds, soil pathogens and pest species; 64.2. all nursery stock shall be weed, pest and disease free and certified as such by the supplier; 64.3. all imported fill, soil, gravel and other construction and landscaping materials shall be weed, pest and disease free and certified as such by the supplier; 64.4. all mulch used on the site shall be weed, pest and disease free and certified as such by the supplier; : 64.5. all muich produced on-site by mulching cleared vegetation and trees shall specifically exclude material (particularly seeds) from weed species (eg. lantana, asparagus fern and umbrella trees); and , 64.6. the certificates referred to above are to be obtained prior to the use of the material on-site and to be made available to Council. A o:\databasetonestop\decision.doc Page 43
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Page 44 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice . 12 65. Soil disturbance in the open space areas shail be kept to a minimum to avoid weed proliferation. Amenity 66. Deleted. 67. 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 excessive noise, lighting, dust or odour nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such offences. 68. All refrigeration plant including motors, shall be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such offences. 69. Air conditioning units shall be located in a manner which prevents noise nuisance in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 and Council's Local Law No. 12 - Control of Nuisances. On the spot fines apply for such offences. 70. An occupier of premises where there is air-conditioning equipment must not use or allow the use of the equipment - . (a) before 7am or after 10pm on any day if it makes noise or causes noise to be made of more than the higher of the following - (i) 40 dB(A); : (ii) 3 dB(A) above the background noise level (b) from 7am to 7pm on any day if it makes noise or causes noise to be made of more than the lower of either of the following: (i) 50 dB(A) (ii) 5 dB(A) above the background noise level (c) from 7pm to 10pm on any day if it makes noise or causes noise to be made of more than 3 dB(A) above the background noise level. Fire Management . 71, A Fire Management Plan is required for the developed areas and a Bush Fire Management Plan for the open space and bushland areas. These. plans are to be prepared in consultation with the Queensland Fire & Rescue Authority to the reasonable satisfaction of the Manager - Land Use’ and will not rely on the removal of natural vegetation within OS3, OS4, OS5 or OS7, which is otherwise to be protected. These plans are to be finalised prior to the issue of a development approval for operational works. The applicant is required to implement any recommendations of the Fire Management Plan and Bushfire Management Plan. Evidence of any consultation undertaken with the Queensland Fire & Rescue Authority is to be submitted with the plans. Fire Management Plan (FMP) 72. The development shall be designed to incorporate all the required fire protection and control measures and devices for the development. To this end, the FMP shall address, inter alia, the following matters: 72.1. expected behaviour of fire; 72.2, fire hazard management actions and risk minimisation strategies; 72.3. building and road layout to reduce fire risk; 72.4, setback zones, proposed building construction methods, materials and design; 72.5. gutter treatment to avoid the collection of combustible material; 72.6. access for firefighters; A osWdatabaselonestop\decision.doc Page 44
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Page 45 [OCR of page images] Le Lt NOOSA COUNCIL IDAS Development Application Decision Notice 14 76.2. Demonstrate a high level of environmental care and responsibility and be consistent with best practice for developments of this type in similar environments. 76.3. Meet the provisions of the Queensland Fire and Rescue Authority Act 1990. 77. Deleted. Environmental Management Plan (EMP) 78. The EMP prepared by URS and dated 5 November 2002, is endorsed as the draft EMP for the development, as amended by the conditions of approval. The applicant shall submit an amended EMP to the reasonable satisfaction of the Manager - Environmental Services prior to the issue of a development permit for operational works. 79. With regard to the particular plans within the EMP, the following are to be addressed: 79.1. The applicant shall prepare a Wetland and Aquatic Ecosystem Monitoring Plan providing for Monitoring of performance against the relevant criteria in the Wetland and Aquatic Ecosystem Protection EMP, for the maintenance of suitable habitat characteristics for the Wallum Froglet population. The Monitoring Plan shall be to the reasonable satisfaction of the Manager - Land Development and Manager - Environmental Services and shall be provided prior to the application for operational works. The applicant shall report to the Council in writing the results of the Monitoring of performance in accordance with the Monitoring Plan quarterly for five (5) years following the commencement of use. 79.2. The applicant shall prepare an Erosion and Sediment Control Ecosystem Monitoring Plan ~ providing for monitoring of performance against the relevant criteria in the Erosion and Sediment Control Ecosystem Protection EMP, for the maintenance of suitable habitat characteristics forthe Wallum Froglet population. The Monitoring Plan shall be to the reasonable satisfaction of the Manager - Land Development and Manager - Environmental Services and shail be provided ‘prior to the application for operational works. The applicant shall report to the Council in writing the results of the monitoring of performance in accordance with the Monitoring Plan on a quarterly basis for five (8) years following the commencement of use. 79.3. The applicant shall prepare a Water Quality Ecosystem Monitoring Plan providing for monitoring of performance against the relevant criteria in the Water Quality Ecosystem Protection EMP, for the maintenance of suitable habitat characteristics for the Wallum Froglet population. The Monitoring Plan shall be to the reasonable satisfaction of the Manager -Land Development and Manager - Environmental Services and shall be provided prior to the application for operational works. The applicant shall report to the Council in writing the results of the monitoring of performance in accordance with the Monitoring Plan on a quarterly basis for five (5) years following the commencement of use. 79.4. The applicant shall prepare a Soil Contamination and Groundwater Protection Monitoring Plan providing for monitoring of performance against the relevant criteria in the Soil Contamination and Groundwater Protection Monitoring EMP, for the achievement of the control strategies of the Stormwater Management Plan in respect to the influence of groundwater on the Wailum Froglet habitat. The applicant shall report to the Council in writing the results of the monitoring of performance in accordance with the Monitoring Plan on a quarterly basis for five (5) years following the commencement of use. 80. The applicant shall commission an independent audit of the Proposed designs and site layout to demonstrate compliance with the EMP by suitably qualified Environmental Auditor. The audit shall conform to ISO 14010 and ISO 14011 - Guidelines for Environmental Auditing and shall be to the Teasonable satisfaction of the Manager - Environmental Services and shall be submitted prior to the issue of a development permit for operational works. 81. The Environmental Management Plan shall incorporate the requirement for monthly environmental Compliance monitoring and annual audit reports to be submitted to the Manager - Land Development for the construction stages of the development. The format and content of these reports shall be in hard copy and digital form, generally in accordance with the following: 81.1. include tables of the monitoring results (digital form should be in Excel); A o:\database\onestap\decision.doc Page 45
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Page 46 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice 13 73, 74, 75. 76. 72.7, access between structures and vegetated areas: 72,8. fire suppression and evacuation Procedures; 72.9. landscaping measures to reduce fire risk; 72.10. fuel load management and hazard reduction within landscaped areas; 72.11. required infrastructure — vehicle access tracks, firebreaks, hydrants, etc; 72.12, maintenance requirements for the above infrastructure; 72.13. how fires will be prevented from crossing from development precincts into the adjacent bushland and open space areas; 72.14. coordination with other relevant organisations and agencies; 72.18. owners and operators training and responsibilities; 72.16. specific implementation procedures and responsibilities. The applicant, future owners and tenants will implement this Plan. Bushfire Management Plan (BMP) : The FMP prepared by Les Hawkes of the Consultancy Bureau, dated March 2003, and forming part of the application is endorsed as the draft BMP. However a revised BMP is to be prepared that documents, inter alia, the following matters: 74.41. expected behaviour of bushfires; 74.2. fire hazard management actions and risk minimisation strategies; 74.3. access for firefighters; 74.4. fuel load management in all bushland and open space areas; 74.5. how ecological values, habitat values and the visual and amenity values of the vegetation will be retained/protected; 74.6. required firebreaks, fire trails, access points and fire hydrants, etc. in bushland and open space areas; 74.7. maintenance requirement for the above infrastructure; 74.8. how bushfires will be prevented from spreading into adjacent areas, including the Noosa National Park; 74.9. Coordination with other relevant organizations and agencies; 74.10. specific implementation procedures and responsibilities, 74.11. the amended position of the western fire break to avoid vegetation protected within OS5. The BMP shall be implemented by the applicant/owner. Both the FMP and BMP shall: 76.1. include drawings at the same scale (1:2000) showing the location and dimensions of all firebreaks, fire brigade access roads and access points, location of fire hydrants, building set-back requirements, etc. for the construction and Operation stages of the Stage 1 development. A o:\databaselonestop\decision.doc Page 46
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Page 47 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice : 15 82. 83. 84. 85. 86. 81.2, include individual charts plotting the results for all parameters required in the monitoring (digital form should be in Excel); — 81.3. include a brief written discussion of the results and recommend any necessary actions The Environmental Management Plan shall incorporate the requirement for three monthly environmental compliance Monitoring and annual audit reports to be submitted to Council for the operational stage of the development. The reporting on the operational stage will continue for a period of five (5) years from the commencement of the use. The format and content of these reports shall be in hard copy and digital form, generally in accordance with the following:- . include tables of the monitoring results (digital form should be in Excel); . include individual charts plotting the results for all parameters required in the monitoring (digital form should be in Excel); . include a brief written description of the results and recommend any necessary actions. - Site Rehabilitation Plan (SRP) A sultably qualified person shall prepare a SRP for the open space areas (OS3, OS5 and OS7) and water quaiity/quantity contro! devices such as swales. The SRP shall be prepared and submitted prior to the issue of a development approval for operational works and shall be to the reasonable- satisfaction of the Manager - Land Use. The SRP shall spécify actions to be undertaken to restore the natural ecological processes and facilitate ecological sustainability of the OS3, OS5 and OS7 areas. They shall include, inter alia: 84.1. the need for thinnirig dense fire-induced undergrowth that has stalled natural regenerative Processes, 84.2, the need for reinforcement plantings to ameliorate structural deficiencies, biodiversity deficiencies or habitat deficiencies, and 84.3. the required visual screening. The SRP shall contain specific actions to be undertaken for the water quality/quantity devices to re- vegetate these areas using species endemic to the site so that they become viable and efficient structures in terms of stormwater management, as well as self-sustaining ecosystems. The SRP shall detail the work required to be undertaken and shall detail, inter alia: 86.1. site preparation; 86.2. construction materials and details; 86.3. weed control; 86.4. planting layouts and species; 86.5. erosion and sediment control; 86.6. planting out procedures and horticultural requirements; 86.7. mulching procedures (if any); 86.8, fertilising procedures (if any); 86.9. irrigation and watering requirements; 86.10. on-going maintenance; and 86.11. environmental safeguards. A oldatabaselonestop\decision.doc Page 47
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NOOSA COUNCIL IDAS Development Application Decision Notice 16
87.
88.
89.
90.
91.
92.
93.
Advertising, Signage and Entry Statements
An Advertising Management Plan (AMP) shall be prepared for the development detailing the nature
and type of advertising to be provided on site and shall include:
87.1. the size and types of advertising proposed,
87.2. the types of building materials to be used,
87.3. the types, size, and locations of any ‘entry statements’ including the use of existing
vegetation and landscaping,
87.4, the level of illumination, and
87.5, how the signage integrates with the built form and open space areas on the site.
The AMP shall be provided to the Council prior to the issue of an approval for operational
works for the erection of any advertising devices over the site and shall be to the
reasonable satisfaction of the Manager Land Use. The applicant shall implement the
Advertising Management Plan.
All advertising signage shall accord with Council’s Local Law No. 16 - Control of Advertising. To this
end the applicant shall be permitted to erect 2 pylon signs at the entry points shown on the approved
site plan. Further, 1 pylon sign is permitted on the showroom site at the centre of the frontage to the
internal loop road. oe
Telecommunications
,
The provision of high-speed telecommunications infrastructure is required for the development.
Provision for full broad band capacity within the subject site to every tenable area is to be provided
that gives access to broadband infrastructure capable of providing at least 150Mbit/s. Such capability
is to be provided either by underground conduit or other low visual impact method. The jintra-site
broadband infrastructure shall connect to a suitable external broadband network.
Energy Efficiency
The applicant shall provide a report detailing what measures have been undertaken with the detailed
design of the development to implement the strategies suggested in the Noosa Shire Business Centre
Energy Efficiency Assessment Report prepared by Parsons Brinckerhoff dated April 2003. Further the
report will detail how the development proposal complies with the energy efficiency conditions
Contained in this approval and will also examine the viability of delivering at least one third of the
Centre's energy requirements through renewable energy technology. The report is to be submitted
prior to the issue of a development permit for building works and shall. be to the reasonable
satisfaction of the Manager Land Use.
The design of building over 2,500m* gross floor area shall meet the Performance Criteria of the
Brisbane City Council's City Plan 2000 ~ Energy Efficient Code {in effect as at April 2003). Design
which meets the Acceptable Solutions of the Code shall be deemed to satisfy this condition. Design
which does not meet the Acceptable Solutions of that Code, but which otherwise reasonably responds
to the Performance Criteria using the alternative mechanism provided in the Parsons Brinckerhoff (PB)
report (April 2003), shall be deemed to satisfy this condition. This requirement excludes retail
speciality tenancies and display areas within the showrooms.
The design of buildings less than 2,500m? gross floor area shall meet the Performance Criteria set out
in the “Design for Climate” Energy Efficiency Policy of the draft Gold Coast City Planning Scheme (as
at April 2003). Design which meets the Acceptable Solutions of that policy shall be deemed to satisfy
this condition. Design which does not meet the Acceptable Solutions of that policy, but which
otherwise reasonably responds to the Performance Criteria using the alternative mechanism provided
in the Parsons Brinckerhoff report (April 2003), shall be deemed to satisfy this condition. This
requirement excludes retail speciality tenancies and display areas within the showrooms.
Use of lightweight building materiais is to be maximised wherever practicable. Hythermal mass
external walls shall be insulated and/or shaded from direct sunlight. The use of pre-cast concrete
slabs is to be minimised where practicable.
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NOOSA COUNCIL {DAS Development Application Decision Notice 17
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
The design of the evaporative cooling system shall seek to optimise energy efficiency by identifying
and maximising the advantage of the prevailing winds at the site.
Spectrally selective and/or low emissivity glass shall be incorporated where appropriate in the detailed
design, so as to reduce heat transmission to and from buildings.
Hot water requirements of the site are to be provided by solar powered hot water systems, heat
pumps, or heat recovered from refrigeration or air-conditioning systems subject to compliance with
relevant health regulations. Where it is demonstrated to be satisfactory by the Manager —
Environmental Services that such technology is impracticable, five star solar gas hot water will be
accepted as an alternative.
The developer shall seek to apply the energy efficiency strategies listed at Table 5.1 of the Energy
Efficiency Assessment report where appropriate in the detailed design of buildings.
Use the Australian Greenhouse Building Rating System (AGBR) scheme to rate the greenhouse and
energy performance for commercial/business precinct of the NSBC.
The developer shall prepare and implement a Building Energy Performance Management and
’ Monitoring Plan (‘BEPMMP”) to the reasonable satisfaction of the Manager Land Use, dealing with
Programmed time controlled scheduling for alt areas capable of separable operation, demand
management, trend logging, energy usage monitoring and reporting and exception events reporting.
The developer shall report to the Council in writing the results of the monitoring of performance
against the BEPMMP on the first, second and third anniversaries of the commencement of use Stage
1 of the NSBC, The report shall note the strategies and recommendations of the Parsons Brinckerhoff
report (April 2003) that have been carried through to the development.
Deleted. ,
The proposed wind catcher ventilation shafts shall be designed to achieve optimal internal ventilation
of buildings consistent with acceptable standards of comfort.
The developer will design tenancy agreements to ensure that any self-contained commercial
refrigeration used on site will meet any mandatory minimum energy performance standards for self-
contained commercial refrigeration to be introduced from July 2005. The developer will also design
tenancy agreements to ensure that in general all appliances used on site are as energy efficient as
possible. .
Waste Management & Recycling
The applicant must provide a suitably screened imperviously paved area large enough for all refuse
and recycling containers for each building complex. A wash down area is Ttequired with a cold-water
tap, hose and drain outlet connected to sewer. The drain outlet is to be designed to prevent
stormwater entry to the sewerage system.
Refuse containers must be provided in accordance with the requirements of the Environmental
Protection (Interim Waste) Regulations 1996 and (Waste Management) Regulation 2000, for the
storage and collection of refuse.
The development must allow refuse-loading areas to be located off street. All vehicles associated with
the collection of waste/recyclables, shall enter and leave the site in a forward direction.
The applicant is to ensure that operational procedures are in place for the prevention of wind blown-
litter on the site during both the construction and operational phases of the development.
Street litterbins and recycling bins to a design approved by Council, shall be supplied and installed at
the applicants expense at agreed locations.
The applicant shall submit a Waste Management Plan (WMP) for the construction phase of the
development prior to the issue of a development permit for operational works. The WMP shail be to
the reasonable satisfaction of the Manager Environmental Services, and shall contain information
generally in accordance with the following:-
L
MATERIALS ON-SITE DESTINATION
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Page 50 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice 18 Re-use and Disposal Recycling Expected waste | Estimated volume | On-site Off-site *specify contractor materials (m3) “specify proposed | *specify and landfill site re-use or on-site | contractor and recycling methods | recycling outlet Excavation material Garden Organics Bricks Concrete Timber-piease specify Plasterboard Metals - please specify Other - please specify * Note: Details of site area to be used for onsite separation, treatment and storage (including weather protection) shall be provided on the plan drawings accompanying your application. The applicant shall implement the requirements of the WMP. 109. The applicant shall submit a WMP for the operational stages of the development prior to the issue of a development approval for operational works. The WMP shail be to the reasonable satisfaction of the Manager — Environmental Health, and shall contain information generally in accordance with the following: 109.1. The estimated waste volumes, area for tefuse/recycle storage and service access. 109.2. The types of waste that will be generated from the activities approved within the development. 109.3. Anticipated volumes or tonnage of waste generated from the activities. 109.4. Identification of the recyclables within the generated waste stream. 109.5. _Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling. 109.6. Operational procedures for the storage and collection of waste from the development complex including the collection of recyclables. 109.7. Design detail of waste storage and recycling areas including methods of prevention of storm water contamination. 109.8. Details of types of waste storage containers to be utilized. 109.9. Detail of access to waste collection area for waste collection vehicles. The applicant shail implement the requirements of the WMP. Environmental & Health Issues 110. Approval for the Underground Petroleum Storage System must be obtained under the Dangerous Goods Safety Management Act 2001 and the Environmental Protection Act 1994. The application for such approval shall be lodged with Council’s Environmental Heaith Section and shall include an assessment by a competent person of the site’s class pursuant to the “Operators Compliance Guide for Petroleum Product Storage”. A o:\databaselonestop\decision.doc Page 50
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Page 51 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice 19 111, 112. 113. 114. 115. 116. 117. 118, 119. 120. 121. 122. 123. 124. An annual licence is to be obtained from Council's Environmental Health Section with respect to the storage of flammable or combustible liquids in excess of the minimum amounts permitted under the Dangerous Goods Safety Management Act 2001. Application for such a licence is to be made prior to the issue of a development permit for building works. In regard to any food premise an annual licence and registration of the premises is required under the Food Hygiene Regulations of 1989 from Council’s Environmental Health Section where unpackaged food is sold, prepared, packed, stored, handled, served or supplied for sale. In regard to any hairdresser or beautician establishment an annual licence is required under the Health Regulations 1996 from Council’s Environmental Health Section where hairdressing or skin penetration is to be performed on the premises. . The applicant is to submit two (2) sets of professionally drawn scale plans in compliance with Council's Code controlling food establishments for approval by Council’s Environmental Health Section, for any food premises proposed to be included in the development. Approval is to be obtained prior to fitting out the building. For café or restaurant the applicant must provide toilets for customers and staff in accordance with the Building Code of Australia. Separate plans are to be submitted detailing the location and outlet for any mechanical exhaust system. The installation of any mechanical exhaust system is to comply with AS 1.668.2 and AS 1668.1. The applicant is to submit two .(2) sets of professionally drawn scale plans in compliance with Council's Code: controlling hairdressing premises for approval by Council’s Environmental Health Section, for any hairdressing or skin penetration premises proposed to be included in the development. Approval is to be obtained prior to fitting out the building. The Environmental Protection Regulation 1998 and Local Law No.12 prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work on:- (a) Monday to Saturday, before 7:00am or after 6:30pm (b) Sunday or public holiday, at any time. , A maximum penalty of $1,500 applies to an offence under this legislation. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, stormwater drain or a water course. On the spot fines apply for such offences. . For any medical center established on the site a clinicat waste service is required for the activities, The operator is required to arrange with a licensed clinical waste contractor for the commencement of such service. Trade Waste, The bin washing area is to be roofed and the floor is to fall to a bucket trap with the waste pre-treated by a grease arrestor prior to discharge to the sewer. Rainwater is to be excluded from the bin washing area. Bin-washing is to take place only at the bin washing area. Full truck access is to be provided to each grease arrestor and/or pre-treatment device for cleaning and servicing. Where access is restricted, a pump out line is required. Liquid waste generated by industry, small business and commercial enterprises is referred to as Trade Waste. Council approval must be gained prior to the discharge of Trade Waste to Council's sewerage system. Approval may be granted through the issuing of a Trade Waste Permit. Aa:\database\onestop\decision.doc Page 51
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Page 52 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice 20 125. 126. 127. 128. 129. 130. 131. 132. 133. 134, River Flooding 135. 136. 137. All Trade Waste requirements including pre-treatment devices must be shown on hydraulic plans submitted to Council for approval. Trade Waste requirements must be in place, inspected and approved prior to commencement of trading or operation.” All trade waste pre-treatment devices must be easily accessible for servicing purposes. Building Services The applicant shall comply with the Disabled Discrimination Act (DDA) requirements: in relation to the installation of disabled access and the provision of disabled facilities, and access to this building and the provision of sanitary facilities shall comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of Australia. A Plan for equitable access for patrons of the development shall be prepared in consultation with Council's Equitable Access Reference Group prior to the issue of a development permit for building works to the reasonable satisfaction of the Manager - Land Use. General conditions Any fencing provided in conjunction with the development is to be setback an average of two (2) metres to any internal road frontage. Fencing shall not be installed within OS3. Deleted. Existing trees on the site and within road reserves are to be retained, except where removed due to building operations or the conduct of the approved use. The landscape plans are to denote areas of existing vegetation or existing trees to be retained. To this end, the design of the internal loop road, pedestrian and cycleways, and swales within the development may meander in order to facilitate the retention of any existing vegetation where practicable within the proposed loop road area. Security Security in the form of a cash bond or trading bank guarantee to the sum of $500,000 must be submitted, to secure performance of all conditions of this development permit, prior to the issue of a development permit for operational works. If Council is required to draw against this guarantee, the applicant will be required to ‘top up’ the guarantee until an amount of $500,000 has been secured. The total amount of security required to be submitted to Council shall not exceed $1,000,000. 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 this development permit. Currency This development permit lapses 4 years after the Development Permit takes effect. No development is to be undertaken below the Q100 line indicated on Stockwell Drawing Q0201.01b/P dated 19th March 2003. Eenie Creek Road Prior to the use commencing the applicant shall, at no cost to Council, construct two additional traffic lanes on Eenie Creek Road between Eumundi Road and Reef Street, to Council's reasonable requirements, all engineering standards to be generally consistent with those applicable to the existing two lane construction and include works-associated for an intersection to the SBC off Eenie Creek Road required by Condition 138. The use shall not commence until 34 January 2006 or until both Eenie Creek Road Stage 2 between Reef Street and Cooyar Street and Walter Hay Drive between Emu Mountain Road and Eenie Creek are operational to traffic as two way, two lane roads, whichever first occurs. Ao:\database\onestop\decision.doc Page 52
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Page 53 [OCR of page images] 140. — 145. 147. A o:\database\onestop\decision.doc 138. 139. 141. 142. _ 143, 144. 146. NOOSA COUNCIL IDAS Development Application Decision Notice . 24 The applicant shall design and construct, at no cost to the Council, a Priority controlled intersection providing for all turns except right turn egress providing access to the proposed development from Eenie Creek Road. , The intersection and alt associated works providing for connection of the pavement and stormwater drainage infrastructure to the Eenie Creek Road infrastructure to be constructed pursuant to condition 136, shall be constructed prior to the commencement of the use under a Development Permit, and shall be to the reasonable satisfaction: of the Manager Land Development. The geometric design should not preclude future upgrading of this intersection to a two lane-circulating roundabout which may be developed in conjunction with future stages of the SBC. Walter Hay Drive The applicant shall dedicate as road reserve, at no cost to the Council, sufficient and from lot 1 on SP 100885 for the construction of Walter Hay Drive in accordance with Council's approved alignment generally as indicated in the planning and design concept for Walter Hay Drive, approved by Council on 1 May 2003, as further modified by GHD plan 41-12240-C027 revision B or as subsequently approved by Council for the detailed design. The applicant will meet Council’s reasonable design costs and construct a northern roundabout on Walter Hay Drive and two additional lanes between that roundabout and Eenie Creek Road in accordance with Council's approved alignment generally as indicated in the Planning and design concept for Walter Hay Drive, approved by Council on 1 May 2003, as further modified by GHD plan 41-12240-C027 revision B or as subsequently approved by Council for the detailed design. The applicant will also undertake all design and construction required to accommodate the necessary changes in alignment to provide access and roadway capacity associated with this development Possible Agreement Deleted. The applicant will construct the section of the internal loop road that is part of Stage 1 of the SBC generally in accordance with the approved plans. Working drawings in respect of the internal loop toad shall provide road widths suitable for accommodating the traffic loadings expected, allowing manoeuvring of all vehicles including articulated and accommodating cycle and pedestrian paths generally in accordance with Council's Engineering Standards for roads of that type shall be to the reasonable satisfaction of the Manager of Land Development and shall be submitted with the application for operational works. Road pavement widths shall be reduced where possible to enable retention of vegetation. . The design of all sections of the internal loop road shall be consistent with Council's normal design | standards, to facilitate possible future dedication of the loop road and the connections to the external |; site access intersections. * Internal roadways between the site access intersections on Walter Hay Drive and Eenie Creek Road and the roundabouts on the internal loop road shall be constructed as four lane divided roads and provide queue space of not less than 80 metres between intersection stop or give-way lines for both entry and exit vehicles. Roundabouts constructed on the internal loop road shall have a minimum diameter that allows the largest vehicles required to access the SBC to negotiate them in an acceptable manner, generally in accordance with drawing 4024/S18 Issue A prepared by MPN Consulting Engineers. Intemal car park and service roadway access driveways to and from the internal loop road shall be located as if the loop road was a public road, with driveways located clear of roundabout queue areas, pedestrian crossings, etc, generally consistent with AS2890.1 Access to the existing childcare centre on the adjacent Property (Lot 1 on RP 215933) shall be retained at all times by the applicant. Should the existing access be affected by roadworks, an alternate access is to be provided. Such access may be considered in the detailed design for the construction of the westbound lanes of Eenie Creek Road between the access intersection to the SBC and Eumundi Road as required by the conditions of this approval to the reasonable satisfaction of the Manager - Land Development. Page 53
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Page 54 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice 22 Public Transport 148. The applicant shall make provision for bus stops and bus routes on and through the subject site without traversing through carpark areas, in accordance with the reasonable requirements of Council and Queensland Transport. Such facilities should not compromise the possible future development of a regional bus interchange in area E6 of MP2 : 149. Provision shall be made for the provision of public transport vehicles with their own access road separate to parking isles other than staff carparking and clear of internal traffic queues or congestion Points generally in accordance with the approved plans for the development.. 150. Provision shall be made immediately- adjacent to the retail centre for a taxi rank able to accommodate at least six taxis. This rank shall be located in an area close to major pedestrian routes and where after-hours lighting and security will be maximised, under cover. The rank should include provision for dedicated phone connections to local taxi companies. Further provision for the bus spaces as shown on the approved plans shall be maintained.. 151, Provision shall be made for state of the art electronic advice notices to advise patrons of the timing of Public transport services at the public transport set down and pick up area. Car Parking 152. Carparking for the proposed development shall be generally in accordance with the approved plans and the following: . 152.1, Retail Centre at a rate of 5.4 spaces per 100m? of shop floor space TUA — 1000 spaces. 152.2. Showroom Component at a rate of 1 space per 36m? of showroom/homemaker floor space TUA — 196 spaces. 152.3. Commercial/Business Component at a rate of 1 space per 23m? of commercial/business floor space TUA - 217 spaces. 153. Deleted 154. The car park for the Retai! Centre and Showroom shall meet the objectives of MP2 3.5 (j). 155. The applicant shall ensure the carparking layout for the proposed development prevents conflict between public transport, delivery and service vehicles and visitors cars generally in accordance with the approved plans. . 166. Aisle lengths in the car park in the B3 showrooms shall be maintained in accordance with the approved plans to the satisfaction of the Manager Land Development.. 157. The car parking area shall be drained and the pavement (pervious and impervious) constructed to access road standards to the reasonable satisfaction of the Manager - Land Development. Plans and specifications for these works shall be submitted with and application for a development permit for operational works. 158. All car parking shail be kept maintained and line-marked in a condition fit for use. 159. Disabled parking spaces shall be provided for each development component in accordance with the requirements of AS2890.1, in respect of the number, design and location of these spaces. 160. The design of the car parking areas will comply with the Australian Standards AS 2890.1 and AS 2890.2. Loading Areas 161. Deleted. 162. Deleted. A o:\database\onestop\decision.doc Page 54
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Page 55 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice 23 163. 164. 165. 166. . 167. 168. 169, 170. 171. 172. 173. All infrastructure shall be kept clear of the OS3 area including the service roadway (with the exception of the 5 metre area at the western end of building D of the Showroom Component) and the garbage collection area. Should part of the existing road reserve adjoining the subject site to the north be included into the site following the dedication of the land for proposed Walter Hay Drive, it is accepted that this area of land can contribute towards the OS3 buffer area to satisfy the requirement for the provision of OS3 under this development permit. Deleted. External Works Other Than Roads . Any necessary stormwater drainage systems required by the any external roadworks fronting the Proposed development as required by these conditions of approval, will need to be constructed by the applicant as part of those works to the reasonable satisfaction of the Manager Land Development. Any necessary augmentation or installation of services will also need to be undertaken by the applicant as part of this development to the reasonable requirements of the Council, The services will need to be able to cater for the ultimate development of the SBC. Pedestrian/Cycle Access The applicant shail undertake ail work indicated on Pedestrian and Cycle Management Plan submitted as Annexure 6 as part of the representations to the decision notice issued 1 May 2003. The applicant shall construct all cycleways and pathways as shown on the Pedestrian and Cycle Management Plan. To this end, the applicant is required to construct a shared pedestrian and cycleway pathway in lieu of the pedestrian pathways indicated in black on the Pedestrian and Cycle Management Plan. The applicant will design and construct all works required by the approved Pedestrian and Cycle Management Plan for the SBC, subject to any modifications required by these conditions of approval. The applicant will construct access from the SBC pedestrian and cycleway links to the existing pedestrian/cycleway under Eenie Creek Road, which meets disabled access tequirements and has good sight lines into the pedestrian/cycleway tunnel under Eenie Creek Road generally in accordance with option 2 on plan 4024 S26B by MPN Consulting Pty Ltd. The applicant will design and construct access from the pedestrian and cycleways shown on the Pedestrian and Cycleway Management Plan to the proposed pedestrian/cycleway under Walter Hay Drive, which has good sight lines into the structure. The applicant will be required to contribute 50% towards the cost of the pedestrian/cycle underpass proposed under Walter Hay Drive. The applicant will design and construct the external pathways for cycles and pedestrians on Eenie Creek Road from Noosa Eumundi Road to the SBC access as part of this development. Stormwater Drainage & Water Quality A Stormwater Management Plan for the site including revegetation and remediation shall be prepared and submitted prior to the issue of a development permit for operational works to the reasonable satisfaction of the Manger Land Development. The Stormwater Management Plan shall be generally in accordance with URS's Report of 19 June 2003” and include “and shall be implemented by the applicant. , The Stormwater Management Plan will address the following: 173.1. Deleted. 173.2. Gross pollutant traps shall be installed inline on the piped systems for all paved areas that do not fall to the proposed bio-retention devices prior to the run off entering OS7; 173.3. All primary treatment of runoff will be outside the open space area OS7 to ensure compliance with MP2; 173.4. Deleted. 173.5. The bio-retention areas within the car parks must be large enough to allow the proposed planting to thrive and have a viable root system; A :\dalabase\onestop\decision.doc Page 55
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Page 56 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice 24 173.6. The detailed design of the stormwater management system shall provide for water reuse within the site so as to ensure that the hydrology of the open space areas is maintained while using a reasonable quantity of excess water generated by the development within the site for non-potable purposes such as landscape watering generally in accordance with the Concept Stormwater Management Plan to the reasonable satisfaction of the Manager ~- Land Development. More detailed analysis using MUSIC or equivalent suitable software is required to refine the water reuse assessments as well as pollution management measures, with a one hour (maximum) time step to be used; 173.7. Deleted. 173.8. The Site Rehabilitation Plan shall provide details about the revegetation of water quality control devices located in the OS7 area and the Landscape Plan shall provide details about the vegetation of water quality control devices in the developed precincts. The Stormwater Management Plan shall demonstrate that the proposed vegetation on the water quality control devices will adequately treat the stormwater and achieve the tequired water quality. 173.9. Deleted. 173.10. Deleted. 173.11. Deleted. 173.12. Operational works stormwater management planning is to be included; 173.13. Deleted. 173.14. Deleted. ’ 173.15. Details of the sediment and’ erosion control for construction management for the development that adequately addresses the extent of site disturbance proposed; 173.16. The establishment and operational phases for the project, including at least four per year event based water quality monitoring as detailed in the draft concept Stormwater. Management Plan dated 19 June 2003, within the gullies of the site, and in.the receiving waters for: . . . . Total Nitrogen. ° Total Phosphorus. . Suspended Solids & Turbidity. ° pH. . Salinity. ° Temperature. * Trash & gross pollutants. . Algal count and identification. ° Faecal coliforms. The applicant shall continue monitoring for a period of 5 years from completion of Stage 1. The results of monitoring are to be submitted to Council in a digital form acceptable to the Manager Land Development. 173.17. During the establishment and operational phases the applicant is to undertake inspections for erosion and deposition, and build up of trash and gross pollutants, and other water Pollution. These inspections will be carried out after significant rainfall events, and on a three monthly campaign basis for a period of five years from completion of the final stage of construction. Corrective measures will be implemented where indicated by such inspections. 173.18. For the construction phase at least four per year event based water quality monitoring shall be undertaken for: A o:\database\onestop\decision.doc Page 56 on
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NOOSA COUNCIL IDAS Development Application Decision Notice
174.
175.
176.
177.
° Suspended Solids & Turbidity.
. pH.
. Temperature.
. Salinity.
. Trash & gross pollutants.
In addition to the above, inspections for erosion and deposition, and build up of trash and
gross pollutants shall be carried out on a weekly basis during the construction period and
corrective measures implemented.
173.19. An operational phase Water Quality Management Plan shall be prepared to address water
treatment device water quality maintenance requirements for stormwater management
measures and devices, contingency measures for aquatic plant growth, loss of vegetation
in swales, die off of trees and shrubs in or near any devices, pollution response and aigal
blooms and shail include a mosquito management strategy. The plan shall demonstrate
compliance with the water quality objectives set and a no worsening over the existing pre-
development situation in the site gullies, OS1, OS2 and OS4, in Eenie Creek and the
freshwater dam.
173.20. Responsibilities for all actions required in the plan are to be clearly delineated.
173.21. Non-compliance with prescribed water quality standards shall trigger the implementation of
, measures/further testing to rectify.
173.22. Monthly reports on monitoring, incidents, corrective action and plan updates are required to
be submitted to Cquncil during the construction period. These teports are to be submitted
in a form acceptable to the Manager Land Development (including digital form) and are to
highlight any non-standard results.
173.23. Yield analysis using a 3-hour (maximum) timestep MUSIC or equivalent model is required.
This analysis will need to demonstrate the effect of the proposed works on the water cycle
in OS1, OS2, OS4, OSS and OS7. This modelling shall be undertaken and submitted with
the application for operational works:
.173.24. The use of enhanced existing vegetation filtration or alternate methods not requiring.
clearing is to be used for drainage works to OSS, instead of the proposed construction
extended detention basins.
173.25. Deleted.
173.26. The bio-retention devices shall be maintained by the applicant in good working order at all
times, so as to achieve their intended purpose including periodic replacement of sand and
soils. Inspection of the bio-retention devices shall occur at least once every 5 years, and
will provide a written report to the Manager Land Development as to their condition and any
remedial action taken or proposed to be taken.
173.27. Deleted.
All stormwater design and construction on the development will be undertaken in accordance with the
approved Stormwater Management Plan.. .
The applicant is to install water quality control devices generally in accordance with the approved
Stormwater Management Plan. Detailed staging plans and specifications, based on and generally in
accordance with the Plan are to be prepared and submitted (after consultation with officers of the
Council) with the relevant applications for operational works.
All easements required on downstream properties draining the site either by way of underground
drainage or overland flowpaths shall be obtained.
A suitably qualified Registered Professional Engineer, Specialising in hydraulics shall prepare
engineering drawings and specifications for stormwater designs and shail be submitted in conjunction
with an application for a development permit for operational works (stormwater drainage). ©
A o:\databaselonestop\decision.doc Page 57
Section 60
Page 58 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice 26 178. 179. 180. 181. 182. 183. 184. 185. 186. 187. 188. 189. 190. 191. Stormwater is to be disposed of on site so as to cause no scour or damage to adjoining properties. The stormwater discharge from the site shall be designed such that there is no net increase in the rate of discharge as a result of the development for storm events up to 100 year ARI. Stormwater drainage shall include measures to protect proposed allotments from run-off from or to surrounding land. The design shall also address controls for gross pollutants, nutrient runoff, oil and grease, and silt and sediment. Underground stormwater systems shail be designed in accordance with Noosa Council's Engineering Design Standards, and shall be connected, where possible to Council's existing drainage systems. An easement of minimum width 4.0 metres shall be granted in favour of the appropriate party over any Council maintained stormwater pipes that traverse private property. Designs that concentrate stormwater onto adjoining tand shall require separate formal approval from the owner of the land or relevant Government Authority. Such approval shall be submitted with the design in conjunction with an application for a development permit for operational works (stormwater drainage). The design plans detailing surface levels, which shall be controlled across the site of the development to create as major storm event overland flow path system to cater for the 1:100 year design storm, shall be submitted in conjunction with a development permit for operational works (stormwater drainage). Any overland flow from external catchments shall be accepted and incorporated in the major event surface flow drainage system through the site. Overland flows shall be discharged in a safe manner and the product of velocity time depth shall not exceed 0.4 m2/sec. All ‘site drainage shall be by means of gravity systems. Drainage works are to be progressively undertaken in conjunction with development of the site generally in accordance with the approved Stormwater Management Plan. Detailed drainage plans and specifications, based on and generally in accordance with the approved Drainage Plan, the EMP and these Conditions, are to be prepared and submitted (after consultation with officers of the Council) with the relevant applications for operational works. All drainage works as required by the Stormwater Management Plan are to be provided by the applicant at its cost. Deleted. A minimum floor level freeboard of 0.3m shall be provided for business, commercial and storage areas above the top water level of the stormwater overland flows. : Earthworks Any excavation or filling works proposed behind the showroom development on the Eenie Creek Road frontage is not to occur within the 10 metre OS3 area (with the exception of the 5 metre length of service roadway at the western end of building D) to ensure the protection of the existing vegetation within this area, with the exception of the works required to provide the pedestrian and cycleways beneath Eenie Creek Road and Walter Hay Drive and where filling is required at the eastern end of the showroom development to allow for the construction of Walter Hay Drive. The rehabilitation of the OS3 area is to be addressed in the Site. Rehabilitation Plan to the’ reasonable satisfaction of the Manager - Land Use. : : Deleted Deleted. Deleted. A registered practicing Geotechnical Engineer shall test the existing ground conditions for suitability of placing additional fill prior to such fill being placed. Batters within the loop road reserve shall be at a maximum grade of 1:4 unless retained by a wall. In all other areas batters will have a maximum batter as determined by a registered practicing Geotechnical Engineer in consultation with Manager Land Development. Landscape treatment of the batters will be a Consideration in their agreed slope. Ao:\databasa\onestop\decision.doc Page 58
Section 61
Page 59 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice 192. 193, 194, 195. 196. 197. 198. 199. 200. 201. 202. Fill shall be compacted to 95% relative dry density as per Main Roads De registered practicing Geotechnical Engineer shall supervise all the placer> that all lots have been compacted to the required standard. Any existing fill on the site that does not comply with Council’s requiremer— direction of the Manager Land Development prior to additional filing works < Following completion of the filling works, the registered Practicing Geotect~— the works shall submit compaction tests across the entire filled areas and for each lot subject to filling. The extent of fill and each lot site classific: . metes and bounds survey plan. Acid Sulfate Soils Where excavations are Proposed below R.L 5.0m AHD a report shall be qualified person in conjunction with an application for development perr (earthworks), to determine if acid Sulfate soils are present on site. If acid s= site the report shall also outline the required treatment and Managemer— accordance with the requirements of State Planning Policy 2/02 ‘Planning = involving acid sulfate soils’. - Erosion & Sediment Control To protect the environment against siltation/sediment export or soil er development, an erosion and sediment contro! plan shall be submitte= application for a development permit for operational works (earthworks), as silt fencing, controlled gravel access to the site and controlled dic necessary. Prior. to commencement of building works, all physical site < installed, and the plan adhered to. Town Water Supply The applicant will construct at its Cost a second feed in conjunction with the= Hay Drive access if the anticipated loading on the system for the ultimate equivalent of 35 tenements. Sizes of the mains are to be a minimum of 150mm diameter and are to analysis carried out by Councils consultants at the applicants cost. A water supply master plan for ultimate development shall be to the satisfa~ Development and shall be submitted in conjunction with an application fo supply). The Water Supply Master Pian will consider metering of individual (body corporate) flows as well as the reticulation system and valving infrastructure will be designed and constructed in accordance with the appr- Plan. Sewer Capacity The applicant at its costs will construct the proposed sewer rising me discharge to Manhole NV40/01/18 in Eenie Creek Road. The existing sewer Pump station and rising main are to be upgraded by the and requirements as detailed in Councils Engineering Design Manual - Wate A Sewer Master Plan for ultimate development shall be submitted to the re= Manager Land Development in conjunction with an application for a Operational works (sewer works).. All sewer infrastructure will be desi accordance with the approved Sewer Master Plan. All internal reticulation works (both water and sewerage) are to be const= Noosa Council Engineering Standards for Water and Sewerage (depe Classified as private main when completed) and checked by Council requirements as per Council standards. A c:\detabaselonestop\decision.doc Page 59
Section 62
Page 60
[OCR of page images]
NOOSA COUNCIL IDAS Development Application Decision Notice . 27
192.
193.
194.
195.
196.
197.
198.
199,
* 200.
201.
“202.
Fill shall be compacted to 95% relative dry density as per Main Roads Department Test No. Q8A. A
registered practicing Geotechnical Engineer shall supervise all the placement of fill and shall certify
that all lots have been compacted to the required standard.
Any existing fill on the site that does not comply with Council’s requirements shall be removed at the
direction of the Manager Land Development prior to additional filling works commencing.
Following completion of the filling works, the registered practicing Geotechnical Engineer supervising
the works shall submit compaction tests across the entire filled areas and a site classification report
for each lot subject to filling. The extent of fill and each lot site classification shall be shown ona
metes and bounds survey plan.
Acid Suifate Soils
Where excavations are proposed below R.L 5.0m AHD a report shall be submitted from a suitably
qualified person in conjunction with an application for development permit for operational works
(earthworks), to determine if acid sulfate soils are Present on site. If acid sulfate soils are present on
site the report shall also outline the tequired treatment and management of the disturbed soils in
accordance with the requirements of State Planning Policy 2/02 ‘Planning and managing development
involving acid sulfate soils’.
Erosion & Sediment Control
To protect the environment against siltation/sediment export or soil erosion as a result of this
development, an erosion and sediment control plan shall be submitted in conjunction with an
application for a development permit for operational works (earthworks). Site control measures such .
as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be
necessary. Prior to. commencement of building works, all physical site control measures shall be
installed, and the plan adhered to.
Town Water Supply
The applicant will construct at its cost a second feed in conjunction with the construction of the Walter
Hay Drive access if the anticipated loading on the system for the ultimate development exceeds the
equivalent of 35 tenements.
Sizes of the mains are to be a minimum of 1 50mm diameter and are to be confirmed by a network
analysis carried out by Councils consultants at the applicants cost.
A water supply master plan for ultimate development shall be to the satisfaction of the Manager - Land
Development and shall be submitted in conjunction with an application for operational works {water
supply). The Water Supply Master Plan will consider metering of individual occupancies and common
(body corporate): flows as well as the reticulation system and valving atrangements. All water
infrastructure will be designed and constructed in accordance with the approved Water Supply Master
Plan.
Sewer Capacity
The applicant at its costs will construct the proposed sewer rising main in the development to
discharge to Manhole NV40/01/18 in Eenie Creek Road.
The existing sewer pump station and rising main are to be upgraded by the applicant to the standards
and requirements as detailed in Councils Engineering Design Manual - Water & Sewerage.
A Sewer Master Plan for ultimate development shall be submitted to the reasonable satisfaction of the
Manager Land Development in conjunction with an application for a development permit for
Operational works (sewer works).. All sewer infrastructure will be designed and constructed in
accordance with the approved Sewer Master Plan.
All internal reticulation works (both water and sewerage) are to be constructed in accordance with
Noosa Council Engineering Standards for Water and Sewerage (depending on tenure may be
A o\databaselonestop\decision.doc : Page 60
Section 63
Page 61 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice 28 203. 204. 205. 206. 207. 208. 209. 210. 211. 212. 213. 214. Service Easements All infrastructure shall be covered by easements where necessary to the reasonable satisfaction of the Manager Land Development. No building or other structure shall be constructed or encroach over an easement. Any building or structure within proximity of an easement of Council’s or any other public utility's underground infrastructure must have its foundations designed so that no surcharge loads are imposed upon such underground infrastructure. Foundations must be taken down a minimum of 1m below a line of influence measured 1m in the direction of the foundation from the centreline of the closest underground service and along the natural angle of repose of the foundation soil type(s). Headworks Headworks contributions are ‘required for Water Supply and Sewerage and will be charged in accordance with Council's Planning Policies, PSP 28 - Water Supply Headworks Contributions and PSP30 - Sewerage Headworks Contributions. These headworks are to be paid by the applicant prior to. the issue of a Development Permit for Building Works. An estimate only of the expected contribution is:- Retail Centre : $466,608.00 Showroom & Commercial/Business $260,340.00 - TOTAL $726,948.00 General. Prior to undertaking any excavation, the person acting on this permit shall contact public utility service Providers to ascertain the location of their underground services. The applicant shall sign a written undertaking to be responsible for the full cost of repairs to road Pavement, footpath, kerb and gutter, or other Council property and facilities damaged as a result of Construction of the proposed development. Where kerb and channel is constructed at a road intersection or any other place it is provided, disabled access shall be incorporated. . No Council property or facility shall be interfered with during works associated with this development without Council approval. A Traffic Management Plan is to be prepared by a Registered Professional Engineer of Queensland addressing safety during construction, including pedestrian safety, in accordance with the Manual of Uniform Traffic Control Devices and Department of Transport (Main Roads Division) Roadworks Signing Guide. A copy of which is to be submitted to Council for their records prior to construction commencing. __ All designs for engineering works involving the construction of Pavements, kerb and channel, vehicular access, footpaths, turnouts, stormwater drainage, water supply or sewerage reticulation shall be prepared in accordance with the requirements of Council's Engineering Design Standards, shall reference where applicable to Council’s Standard Drawings and shall incorporate best engineering practice. A suitably qualified Registered Professional Engineer shall prepare engineering drawings and Specifications for all engineering works, which shall be submitted in conjunction with an application for a development permit for operational works. Any alteration of a public utility or other facility necessitated by the development of the land or associated construction works either internal or external to the site shall be at no cost to Council. Prior to commencement of the use, or a certificate of classification being issued (whichever occurs first), a certificate shall be submitted to Council from a registered Professional Civil Engineer of Queensland certifying that the operational works have been inspected and no items have been identified that suggest the work has not been completed in a workmanlike manner. A o:\databaselonestop\decision.doc Page 61
Section 64
Page 62 [OCR of page images] a ns NOOSA COUNCIL IDAS Development Application Decision Notice 29 215, 216. 217. 218. 219. - 220. 221. 222. 223. 224. 225. As Constructed drawings certified by a registered surveyor and a registered Professional Civil Engineer of Queensland showing the extent and finished levels of the filling works are to be submitted for Council's records, prior to the use commencing. These drawings must fully detail levels for all engineering works including water supply and sewer reticulation, drainage structures, building floor levels, finished ground levels effluent trenches and Pavement surface levels. Drawings shall be on transparencies, a hard copy highlighting any changes from design and in electronic format on an IBM PC compatible floppy disk in a format capable of integration with Council’s computer system. Fire hydrants are to be provided throughout the development in accordance with Council and Queensland Fire Service standards. Conduits and kerb markers shall be installed for all necessary service crossings of roads to Council's satisfaction. An. "As Constructed" plan showing the locations of the conduits shall be submitted to Council prior to acceptance of the works “On Maintenance”. Prior to the use commencing, a State Survey Mark shall be provided within the site. It shall be levelled and located to the requirements of the Manager - Land Development. A ‘Form 6’ shall be submitted for Council's records. Each State or other Permanent Survey Mark shall be installed clear of overhead vegetation, making it Suitable for Global Positioning Equipment, and accurately connected to at least one real property corner by a registered Surveyor. The applicant shall satisfy all relevant requirements of the Water Act 2000. The developer is to implement the use of small-scale solar photovoltaic powered pumps for irrigation systems and power for outdoor lighting. The development should utilise a significant amount of tenewable energy produced on site. . Use of occupancy censors for HVAC, Lighting systems and Automated -Toilet Flush systems were appropriate. Use only native tree species for landscaping to reduce the amount of water needed to be pumped for on site irrigation. Only drip irrigations systems or systems with similar or better water and energy conservation qualities are to be used on site, Development does not result in obtrusive lighting as described in the Australian Standards AS4282 “The control of the obtrusive Effects of Outdoor Lighting”. : Rainwater is captured on site and used to irrigate garden beds and for flushing toilets. Rainwater storage tanks should be plumed, to allow refilling from mains supply, as weil as utilize the force of gravity for distribution. All infrastructure within the site shall be maintained to the reasonable satisfaction of the Manager Land Development. A o.\database\onestop\decision.doc Page 62
Section 65
Page 63 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice 30 CONCURRENCE AGENCY CONDITIONS (PETROLEUM PRODUCT STORAGE - ERA 12) The development contains a service station and fuel storage, which is classified as an Environmentally Relevant Activity Level 2. The following schedule (Schedule A) details the environmental conditions that apply to the environmental authority for the conduct of the activity. SCHEDULE A Noise 41. The emissions of noise from carrying out the environmentally relevant activity must not result in levels greater than those specified in table 1. TABLE 1. NOISE LIMITS AT A NOISE SENSITIVE PLACE Period ° Noise Level at a Noise Sensitive Place measured as the Adjusted Maximum Sound Pressure Level Lamax adj, T 7am-10-pm Background noise level plus 5 dB(A) 10 pm - 7 am _ | Background noise tevel plus 3 dB (A) Period Noise Level at a Commercial Place measured as the Adjusted Maximum Sound Pressure Level ° Lamax adj, T 7am ~ 10pm Background noise level plus 10 db(A) 10 pm - 7am Background noise level plus 8 db (A) Air 2. Where Petroleum products are to be transferred from a delivery vehicle to an underground fuel storage tank, and where an installation receives collectively more than 520 kilolitres of Petroleum product during a twelve (12) month period, then the underground fuel tank and delivery vehicle shall be fitted with ‘Vapour Recovery System” equipment. Such equipment shall be installed in accordance with Australian Standard (AS) 1940, Australian Institute of Petroleum (AIP) CP6-1986 and AIP CP4-1993. 3. The aboveground tank shall be fitted with a “pressure vacuum vaive” on the atmospheric vent. The Pressure vacuum valve shall be set to closed when the pressure in the tank is between the design operating maximum pressure and the design operating maximum vacuum in accordance with AS 1692. Wastewater and other Liquid Waste 4. Wastewater and other liquid waste shall be discharged to sewer or transported to an approved hazardous waste facility. The licensee must comply with the conditions of a current trade waste permit issued of the site and/or conditions of an approval to transport to an approved hazardous waste facility. 5. Vehicle or equipment wash down shall not be conducted in a manner which may cause the contamination of surface stormwater run-off. 6. Wastewater from car washing must not be directed to the stormwater and can only be directed to sewer under the conditions of a trade waste permit. 7. Drainage from paved forecourt and areas on which a vehicle can stand while being fuelled or transferring petroleum products, shall be directed by appropriate surface grading into grated sumps, floor silt arrestors, floor basket arrestors, gutters and/or grated drains leading to underground drainage systems dedicated only to stormwater runoff, which finally discharge into stormwater drainage systems as approved by the local authority. 8. Uncontaminated stormwater from roofed areas and uncontaminated ground areas shall be directed away from petroleum loading and dispensing areas. : . 9. Wastewater and other liquid waste shall not be discharged or released to waters. A a‘ldatabaselonestop\decision.doc Page 63
Section 66
Page 64 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice : 30 11. 12. Provide a notice adjacent to the bund valve displaying the following: 13. “Bund drain valve to be kept closed and locked’ 14. — Minor spills shall be controlled by use of absorbent material such as rags, kitty litter or similar and disposed of with industrial refuse. 15. Provide fill point to aboveground tank inside bund containment with a dry break coupling or spill tray to prevent incidental spill during refueling. 16. Clean and maintain bund compound ‘integrity at all times. Solid Waste 17. All solid waste shall be removed from the Premises to an approved waste facility by a licensed waste transporter. i General . 18. — All storage of flammable and combustible liquids must be stored in compliance with Australian Standard _ AS 1940 - 1993 “The Storage and Handling of Flammable and Combustible Liquids”. If storage limits exceed minor storage, then an application for licence for the storage of flammable and combustible liquids must be lodged with the local authority. « . 19. Develop an inventory control system. Such inventory control measurements shall be reconciled by comparing product and water level! measurements with dispenser metre readings and deliveries. The reconciliation shall be conducted for each individual tank each day that product is added or removed from the underground storage tank. The inventory control computations on any loss or gain of product shall be included with a monthly summary of cumulative losses or gains of product. Note: Inventory control records and reconciliation data shall be: a) maintained and kept on site b) kept in an acceptable manner and format c) made available to the administering authority ‘ d) maintained for a minimum of 5 years 20. Whena loss of product or discharge is indicated by any unexplained variation greater than 0.5% in the inventory reconciliation, the operator shall immediately notify the Administering Authority. 21. In the event of a situation creating environmental harm pertaining to a spill, leak, fire, explosion or similar, the Administering Authority shall be notified and advised of the incident and circumstances as soon as reasonably practicable fter becoming aware of the event. 22. All mechanical and electrical leak detection equipment shall be inspected and tested annually. All records shall be kept on site for a minimum of 5 years. 23. — Ensure tank abandonment is carried out by either removal of the tank, or filling the whole of the tank with an inert soil material such as sand, concrete or other approved material, and the disconnection. of all pipes from the tank as stipulated in AS 1940 and the Contaminated Land Act. 24, — Ensure all persons working on, site where petroleum products are stored shall have relevant training in accordance with AS 1940 clause 9.3. , 25. — Ensure that the premise is licensed with the Local Authority under the Dangerous Goods and Safety Act A o:ldatabaselonestop\decision.doc Drainage from tank and package store bunds and compounds must be manually controlled so that all wastewater passes through treatment facilities before release to the environment. Any vaive controlling the drainage from a compound shall be located outside the bund. The valve shall be of a type in which the distinction between open and closed positions is obvious and shall be closed and locked at all times except when flow to the treatment facility is authorised by management. 2001. Page 64
Section 67
Page 65 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice 32 ea Bere Appeal Rights INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION The following is an extract from the -fritegrated Planning. Act(Chapter 4). Division 8 - Appeals to court relating to development applications Appeals by applicants 4.1.27.(1) An applicant for a development application may appeal to the court against any of the following- (a) the refusal, or the refusal in part, of a development application; (b) a matter stated in a development approval, including any condition applying to the development, and the identification of a code under section 3.1.6; (c) the decision to give a preliminary approval when a development permit was applied for; (d) the length of a currency period; (e) a deemed refusal. , (2) An appeal under subsection (1)(a) to (d) must ° be started within 20 business days (the “applicant’s appeal period”) after the day the decision notice or negotiated decision notice is given to the applicant. (3) An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made. Appeals by submitters 4.1.28.(1) A submitter for a development application may appeal to the court about- (a) the giving of a development approval, including any conditions (or lack of conditions) or other provisions of the approval; or (b) the length of a currency period for the approval. (2) The appeal must be started within 20 business days (the “submitters appeal period”) after the day the decision notice or negotiated decision notice is given to the submitter. (3) If a person withdraws a submission before the application is decided, the person may not appeal the decision. (4) If an application involves both impact assessment and code assessment, appeal rights for submitters are available only for the part of the application involving impact assessment. * Section 3.1.6 (Preliminary approval may override local planning instrument) . A o:\database\onestop\decision.doc (5): If an application -is processed ‘under. section 6.1.28(2), appeal rights for submitters for the application are available only for the aspects of the development that would have required public notification under the repealed Act. (6) If an application involves assessment against a concurrence agency code, appeal rights for submitters for the application are not available against the part of the approval that represents the concurrence agency's response for the code. Appeals by advice agency submitters 4.1.29.(1) An advice agency may, within the limits of its jurisdiction, appeal to the court about the giving of a development approval for a development application if- (a) the development application involves impact - assessment; and (b) the advice agency told the applicant and the assessment manager to treat its response to the application as a submission for an appeal. (2) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter. Appeals for matters arising after approval given (co-respohdents) 4.1.30.(1) For a development approval given for a development application, a person to whom any of the following notices have been given may appeal to the court against the decision in the notice- (a) a -notice giving a decision on a request for extension of the currency period for an approval; (b).a notice giving a decision on a request to make a minor change to an approval. (2) The appeal must be started within 20 business days after the day the notice of the decision is given to the person. (3) Subsection (1)(a) does not apply if the approval resulted from a development application (superseded planning scheme) that was assessed as if it were an application under a superseded planning scheme. (4) Also, a person who has made a request mentioned in subsection (1) may appeal to the court against a deemed refusal of the request. (5) An appeal under subsection (4) may be started at any time after the last day the decision on the matter should have been made. Page 65 19/08/03
Section 68
Page 66 [OCR of page images] eeaeenoed NOOSA COUNCIL IDAS Development Application Decision Notice Division 9 - Appeals to court about other matters Appeals for matters arising after approval given (no co-respondents) 4.1.31.(1) A person to whom any of the following © notices have been given may appeal to the court against the decision in the notice- (a) a notice giving a decision on a request to change or cancel a condition of a development approval. (b) a notice under section 6.1.44? giving a decision to change or cancel a condition of a development approval. (2) The appeal must be started within 20 business days after the day the notice of the decision is given to the person. (3) Also, a person who has made a request mentioned in subsection (1)(a) may appeal-to the court against a deemed refusal of the request. (4) An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made. . Appeals against decisions to change. approval conditions under the repealed Act 4.1.334.(1) A person who is dissatisfied with a decision made on an application to change the conditions attached to an approval given under section 2.19(3)or section 4.4 of the repealed Act may appeal to the court against- (a) the decision; or (b) a deemed refusal of the application. (2) An appeal under subsection (1)(a) must be started within 20 business days after the day notice of * the decision is to be given to the person. (3) An appeal under subsection (1)(b) may be started at any time after the last day a decision on the matter should have been made. Appeals against local laws 4.1.33B.(1) An applicant who is dissatisfied with a decision of a local government or the conditions applied under a local law about the use of premises or the erection of a building or other structure permitted by the planning scheme may appeal to the court against the decision or the conditions applied. (2) The appeal must be started within 20 business days after the day notice of the decision is given to the applicant. ee 2 Section 6.1.44 (Conditions may be changed or cancelled by assessment manager or concurrence agency in certain circumstances) A:\databaselonestop\decision.doc 19/08/03 Page 66
Section 69
Page 67 [OCR of page images] Annexure 2 — Plan of Open Space Areas Page Page 67 26
Section 70
Page 68
[OCR of page images]
Pork
‘LEGEND
PSM 56220
BUSINESS
E5 Osi (Retail Centre and Business)
ae B2 BUSINESS
(Car Parking & Offices)
B3 BUSINESS
(Showroom, Office & Business)
123
( —1 EMPLOYMENT = “™#?”
Td (Technology based R&D
Business Offices & Civic)
Wea 2 EMPLOYMENT
weet (Educative & Environmental
} R&D Business & Offices)
coe he €3 EMPLOYMENT
ow (Environmental R&D
I ‘ Business & Offices)
| [: fy —4 EMPLOYMENT
— (Industry & Business)
po E5 EMPLOYMENT
(Industry & Business)
—— E6 EMPLOYMENT
= (Business Offices & Transit)
EMPLOYMENT
E4 { E7 (Business & Offices)
Total reo \ OS1 OPEN SPACE
(Environmental)
Total Area 3.1
OS2 OPEN SPACE
7 (Environmental)
REY 782
OS3 OPEN SPACE
* (Preservation of Visual Amenity)
1os4 OPEN SPACE
Ay (Environmental Drainage)
4
ZY OS5 OPEN SPACE
Z (Preservation of Visual Amenity)
]}OS6 OPEN SPACE
| (Preservation of Visual Amenity)
Total Area 3.7 Ho
}OS7 OPEN SPACE
Totol Area 1.9 Ho ; (Environmental Drainage)
, a
RES RESIDENTIAL
oo ne | (Employment Support)
i REC/MU RECREATION MIXED USE
| (Minor recreation/
minor mixed u 2
or open spaces) . rrvecsss
2 Os2
ae wee )
. Team ge TRE HS ___ BICYCLE PATH
¥ WALKING PATH
YQ
=
Se
SS,
SCE 1:3500 (A3) a
April 2003
NOOSA SHIRE BUSINESS CENTRE
MASTER PLAN - STAGE 2 - MP2 PLAN
ANNEXURE 2
Page 68
Plan of Open Space Areas
Section 71
Page 69 [OCR of page images] | Page 27 Annexure 3 ~ GHD Plan 41-12240-C027 : J Page 69
Section 72
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Page 71 [OCR of page images] | Page 28 J . | Annexure 4 — Funding responsibilities for Walter Hay Drive Page 71
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Page 73 [OCR of page images] Annexure 5— Master Plan 2 endorsed 10 April 2003 Page Page 73 29
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Page 75 [OCR of page images] FINAL ~ 10/4|2003, Shire Business Centre Master Plan: Stage 2 NOOSA COUNCIL APRIL 2003 Page 75
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Page 77 [OCR of page images] CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 2 This Plan (MP2) is the second stage of the master planning process for the Noosa Shire Business Centre and follows on from the Shire Business Centre Master Plan: Stage 1 - Concepts (MP1). This document together with MP1 comprises a Planning Study prepared as part of the supporting documentation for The Noosa Plan: Choosing Futures process. It is intended to support a planning scheme that is consistent with the requirements of the Integrated Planning Act. MP2 is also consistent with the master plan process nominated by the 1997 Strategic Plan. Project: Shire Business Centre Master Plan Project Type: Master Plan Stage 2 Report Author/s: Raul Weychardt plus material from MP1 prepared by Paul Summers Completion Date: April 2003 Status of Report: Final - Adopted by Council 10 April 2003 Page 77 G:\DEP\Projects\SBC\Masterplan-FinalApr04.doc
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Page 78 [OCR of page images] CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 3 EXECUTIVE SUMMARY This Stage 2 of the Master Plan (MP2) is: A response to provisions of the 1997 Shire of Noosa Strategic Plan; A guide to preparing and assessing development applications; and Together with Stage 1 of the Master Plan (MP1), a planning study intended to support a planning scheme that is consistent with the Integrated Planning Act. it provides the second stage of a two-stage process that will lead to the adoption of a master plan for the Shire Business Centre site. Stage 1 provided an overall concept plan defining precincts for business, employment and open space. It also provided concepts for dealing with traffic. The proposed development outcomes contained in MP2 are consistent with the 1997 Strategic Plan's aim to: Encourage the development of the principal business, retail and administrative centre on Eenie Creek Road at Noosaville, in stages consistent with the needs of the population of the Shire. Stage 2 of the Master Plan provides another step along the way to achieving the aim of the Strategic Plan and in informing the development of Noosa's next planning scheme. It does this by providing a plan that will assist in: Attracting appropriate employment generating businesses to the Shire; Catering for the expanded retail needs of the community; Preparing development applications; Informing the Council and the community in the assessment of development applications; Attracting new knowledge business; Creating sustainable employment; Introducing higher order education opportunities; Environment protection and preservation of open space; and Creating a Centre that is well designed, sustainable and is appropriate to its Noosa setting. ‘ VvvwvvvyvVwWwiov G:NDEP\Projects\SBC\Masterplan-FinalApr04.doc Page 78
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Page 79 [OCR of page images] Lo fo fo : CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 4 CONTENTS 1.0 INTRODUCTION .. , 5 2.0 | BACKGROUND.. sesese eee 7 2.1 STRATEGIC PLAN... ssssssesceesscsesesseensessstssnesnstsnonsenseeaststsessessssestsssssaststantetanennsanseneasnseseeseuneatvassassastisanesee 7 2.2 ECOLOGICAL VALUES. . 2.3. CONSTRAINT MAPPING 3.0 PLANNING & DESIGN GUIDELINES AND PRINCIPLES .10 3.1. GENERAL PRINCIPLES .........cscssssscsssssscsssscsssseessssssssssessesansessnseueanssorscseessssennensssntsceneensesseneuenannastsranensnseuansseee 3.2 URBAN DESIGN............. 3.2.1 Design Workshop 3.3. RETAIL DEVELOPMENT. 3.4 DEVELOPMENT SEQUENCING . 3.5 | TRANSPORT 3.6 ECOLOGICALLY SUSTAINABLE DEVELOPMEN’ 3.7 OPEN SPACE AND LANDSCAPING 40 MASTER PLAN OUTCOMES: STAGE 2 44 4.2. COMPONENTS OF THE MP2 PLAN... 4.3 KEY DEVELOPMENT CHARACTERISTICS BY SUB-PRECINCT & TRAFFIC TYPE .. 5.0 CODES... 31 6.0 | REFERENCE SOURCES seve sees seaeeenl sesseneen 32 Page 79 G:\DEP\Projects\SBC\Masterplan-FinalApr04.doc
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Page 80 [OCR of page images] CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 5 1.0 INTRODUCTION MP2 comprises a second response to the requirement at Section 19.3.1.5 of the 1997 Strategic Plan for the preparation of a master plan to guide the overall development of the Shire Business Centre site indicated in Map 1. It also serves as a planning study intended to support a planning scheme that is consistent with the Integrated Planning Act. MP2 includes a more detailed version of the concept plan. Itis intended to guide the development of the site, until the IPA Planning Scheme for Noosa Shire is implemented. The Master Plan will also be used to inform the preparation of the new IPA Scheme. The new IPA Scheme will establish codes for development of the site. MP2 addresses the objective of the 1997 Strategic Plan to provide for a multifunction employment node serving Shire-wide needs and including provision for business, retail, administrative, community and industrial functions. The model contained in this document: > Complies with the Strategic Plan; > Can be used to determine whether a development proposal meets the needs of the Noosa Shire community The Master Plan and the area indicated in Map 1.1 address three lots: 1RP215933, 3RP215933 and 2SP110885. It also gives consideration to roads, both existing and proposed and including relevant intersections, which lie adjacent to or within the lots. In this document, the term MP1 refers to Shire Business Centre Master Plan: Stage 1 - Concepts. The term MP2 refers to this second stage document. It is intended that MP2 complement the initial work undertaken by MP1. However where any conflicts arise between the documents MP1 and MP2, this document Noosa Shire Business Centre Master Plan - Stage 2 shall take precedence. ‘GADEP\Projects\SBC\Masterplan-FinalApr04.doc Page 80
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Page 81 [OCR of page images] CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 Map.1 Location Business Le / Gentre foe ‘G:\DEP\Projects\SBC\Masterplan-FinalApr04.doc NOOSA JUNCTION Page 81
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Page 82 [OCR of page images] CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 7 2.0 BACKGROUND MP2 draws from a number of sources including: > The 1997 Strategic Plan; > MP4 (Shire Business Centre Master Plan: Stage 1 - Concepts dated May 2001) which included consultation with the Noosa Shire community, > State agencies and representatives of a proponent conducted as part of the initial phase of developing Stage 1 of the master plan (Council decision 15/04/1999) refers); > Comments from reference groups; and > Design workshop held on 5 September 2002 2.4 STRATEGIC PLAN ~ The 1997 Strategic Plan provides the foundation from which the Master Plan was developed. The Strategic Plan has an important influence on decision-making associated with any development application and also provides a significant indication of the way in which the site should be developed. For these reasons, a number of extracts from the Strategic Plan were included in the text of MP1 at Section 2.1. The preparation of the master plan (MP1 and MP2) is consistent with the procedural requirements of Sections 19.3.1.4 to 19.3.1.5 of the Strategic Plan. 2.2 ECOLOGICAL VALUES The Site has a range of significant ecological values that need to be carefully considered and incorporated into the planning, development and operation of the Site. These values are summarised below: a. The Site provides habitat for endemic species and the southern half also functions as an important link between the significant habitats of the National Park to the east and the Wooroi State Forest fo the west (the ‘Doonan Link’). . b. _ Eenie Creek and its associated wetlands, which include the wetlands and drainage lines of the Site, are an integral part of the Noosa River system hydrology and ecology. Cc. The Site supports two plant communities of conservation significance whose conservation status has been classified as being ‘Of Concer’ by the Environmental Protection Agency. These are: Regional Ecosystem 12.3.5 — Paperbark tall open forest with various eucalypt species located adjacent to Eenie Creek, and ¢ Regional Ecosystem 12.3.11 Tall eucalytus woodland with paperbarks in the drainage lines located throughout the lower and poorly-drained parts of the Site. d. Four wildlife species of conservation significance under the Nature Conservation (Wildlife) Regulation 1994 have been recorded at the Site. These are: — Elf Skink (listed as Rare): Recorded in the flooded gum open forest regrowth in the north-westem part of the Site and in the low-lying paperbark/swamp messmate regrowth in the southern part of the Site. — Sylvia's Blind Snake (listed as Rare): Recorded in the southem part of the Site below RL 3.0 metres. ¢ Wallum Froglets (listed as Vulnerable): Recorded in the paperbark wetlands and the farm dam. Koala (listed as Common but a ‘special cultural’ species): Recorded in the dry open forest adjacent to the disused quarry in the north-western part of the Site. ‘GNDEP\Projects\SBC\Masterplan-FinalApro4.doc Page 82
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2.3 CONSTRAINT MAPPING
Preparation of MP1 drew from an extensive range of documents that accompanied an application lodged by
Montbar Pty Ltd on 30/09/2000. In consultation with the then Department of Communication, Information, Local
Government, Planning & Sport and other agencies, the review of the documents led to a request for further
information. The information request had not been satisfied at the time the initial Master Plan was prepared.
Montbar provided further information; however there was little additional constraint mapping that would assist in
the development of this Master Plan.
The constraint mapping for Stage 1 indicated that parts of the site intended for development were habitat for the
elf skink, which is classified as a rare species under the Nature Conservation (Wildlife) Regulations. The skink is
understood to be associated with the Eucalyptus grandis (Flooded Gum) unit of vegetation on the site. The extent
and viability of the skink habitat over the site was not well understood at the time of preparation of MP1. However
MP2 has benefited from additional studies carried out into the extent and viability of the elf skink on the site and
the broader Noosa area. It is now also believed to inhabit the southern part of the site that is to be protected for
environmental purposes. These additional studies have lead to a conclusion that -
“There are grounds to reconsider the appropriateness of continuing to class E.graciloides (Elf Skink) as a
‘rare’ species. This new work shows E.graciloides is more common and widespread than has been
inferred from museum records and one field study.’(Jeanette Covacevich, Senior Curator (vertebrates)
Queensland Museum, 6 March 2002).
As a result of this study, the Elf Skink is no fonger a significant constraint in terms of the master planning of the
site, See Council's Minutes dated 11 April 2002. Nevertheless the Elf Skink remains a fauna of significance as
does the culturally significant species Koala which has been recorded at the site. Special measures are to be
applied to operations that removes habitat of these species to relocate fauna present to a suitable altemative
habitat. :
Drainage lines through the site were identified in MP1 as key definitional items providing edges to major
functions. Therefore the location of the drainage lines has been refined by further field survey of the site and this
additional field survey is a consideration of MP2. :
Council has named the road proposed in the Strategic Plan to connéct Emu Mountain Road and Eenie Creek
Road, as Walter Hay Drive. The alignment of this road across Eenie Creek and through the site has been refined
following extensive engineering and environmental assessments. The plan with MP2 refiects a design
recommended by Council's traffic consultants and staff. However Council is yet to finally determine the route for
Walter Hay Drive and it may vary slightly from the MP2 plan. The size of roundabouts drawn is indicative and will
be the subject of more detailed assessment by Council.
The major constraints influencing the preparation of the Master Plan are summarised in Table 2.3
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Page 84 [OCR of page images] CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 9 TABLE 2.3: CONSTRAINTS INFLUENCING THE MASTERPLAN ISSUE CONSTRAINT Flooding No development below RL 3.0 metres Potential Acid Sulphate Soils Avoid exposure of PASS if possible. Otherwise development in accordance with the State Planning Policy on Planning and Managing Development Involving Acid Sulfate Soils Habitat links No development that would place at risk the functioning of the Doonan Link and provision of habitat links for movement of native fauna throughout the Site Eenie Creek and associated wetlands and drainage lines No change in hydrological regimes and water quality of Eenie Creek and its associated wetlands and major drainage lines Vegetation of Conservation Significance - ‘Of Concern’ Regional Ecosystems No development that would place at risk the long term viability and sustainability of ‘Of Concer’ Regional Ecosystems on the Site Fauna of conservation significance No development that would place local populations of these species at risk Proximity of Noosa Airport Types of land use that are able to sustain possible future aircraft noise Values of adjacent Noosa National Park Provision of vegetated buffers adjacent to the national park and provision of habitat links to and from the national park. ‘GADEP\Projects\SBC\Masterplan-FinalA ps04.doc Page 84
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Page 85 [OCR of page images] CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 10 3.0 PLANNING & DESIGN GUIDELINES AND PRINCIPLES 3.1 GENERAL PRINCIPLES Apart from the planning and design principles flowing from the Strategic Plan (refer to Section 2.1of MP1) and the constraints over the site, there is a range of other principles, opportunities and constraints that have been considered in the development of both MP1 and MP2: a. The site should be developed as a centre of urban design and environmental excellence in both built and natural environments, showcasing the attributes of the site, the environmental capabilities of the Shire and best practice environmental technologies. Key design elements should include an integrated public transport system including bike and pedestrian pathways; energy-efficient design; the generation of renewable energy; integration between the built form and the landscape fabric; low key informal places; a visual relationship between indoor and outdoor spaces; waste minimisation; and recycling. Open space areas should be located and managed so as to protect the ecological values of the Site and Eenie Creek. They should also provide visual screening, soften the built environment, provide habitat for local fauna and provide a buffer to the Noosa National Park. They should be of a size and shape that facilitates the survival of native vegetation and habitat. Presentation of the site as viewed from Walter Hay Drive in the area of Eenie Creek is of importance. From land to the south at around RL10, the road would drop to a bridge deck level of around RL4 or 5, providing visible sight lines across the Shire Business Centre site. Designations adjacent to Walter Hay Drive provide the opportunity for the character of the adjacent areas to be maintained, thereby providing an open space feel on this entry to Noosa Shire. This character can be reinforced by the frontage treatments along the Shire Business Centre site, with natural vegetation being retained in 5 metre strips near the entry intersections, together with occasional wider areas. Vegetation intended to offer light screening may be in road reserve or park tenure to assist in its retention in a natural state. ' Development design should incorporate water sensitive urban design principles, including offline and ‘at the source’ treatment, comprising, for example, bio-retention, infiltration, grass swales, vegetated filtration strips and gross pollutant trap devices. The principal measures to address retention of stormwater and water quality from development areas are to be contained within the development sites clear of drainage corridors and open space sub-precincts. The existing drainage corridors proposed to be protected through the site should only be used for final polishing or runoff. There should be no significant change to the existing hydrologic and ecologic regimes across the site. Drainage lines and associated open space through the site should be used as key definitional items providing habitat linkages and edges to major land uses. These drainage lines will need ecologically sensitive enhancement in some places to ensure that the water quality polishing function of the drainage lines is maintained to a high standard. Capacity should be retained on the site in the longer term to take advantage of potential new employment opportunities, as the identification of altemative land for additional employment opportunities in the coastal part of Noosa Shire is already difficult and will become more so in the future. While it is desirable to identify nodes for particular forms of development, it is also desirable to maintain the opportunity for a dynamic mix of development. Development precincts are a convenient way of describing and labelling mapping and associated controls, however some care needs to be exercised to ensure that such precincts are not only read as discrete areas preventing appropriate mix of land uses and integration of functions. It is intended the precincts may include a mix of uses provided there is general compliance with the outcomes sought for the precinct. (This provision is not intended to offer support to any expansion of shops beyond Precinct B1.) Page 85 GADEP\Projects\SBC\Masterplan-FinalA pr04.doc
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Page 86 [OCR of page images] CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 11 j. The relationship between the main retail areas and open space areas is of importance. In addition, some key employment nodes would benefit from strong relationships with open space areas. The relationship between the main retail areas and key employment nodes is of importance, The site will be developed at a human scale in keeping with the character of Noosa. The buildings onsite will generally be of a low rise form comprising one and two storeys, creating spaces for people that are integrated with the natural environment. The design outcomes for the site should recognize the character of Noosa. Buildings should be of a design recognized as being appropriate to a Noosa location. The western sector of the Shire Business will have uses that are car-oriented and parking areas need a degree of visibility and may be in front of buildings. The eastern sector offers more Opportunity for buildings to be the dominant visual feature from the loop road with carparking at the side or rear of buildings. Based on all the considerations above, the following broad concepts have been devised for Stage 2: > > A simple function fayout depicting open space and development precincts and key connectivity - Figure 3.1; and ~ Assimple traffic layout showing key connectivity and circulation - Figure 3.2. GADEP\Projects\SBC\Masterplan-FinalA pr04.doc Page 86
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Page 87 [OCR of page images] CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 FIGURE 3.1 SIMPLE FUNCTION LAYOUT (STAGE 2) 12 DEVELOPMENT FUNCTIONAL USE ‘G:\DEP\Projects\SBC\Masterplan-FinalA pr04.doc. Page 87
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Page 88 [OCR of page images] CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 FIGURE 3.2 SIMPLE TRAFFIC LAYOUT (STAGE 2) 13 SOUTHERN ACCESS ROAD i f i oe PEE ACCESS AND CIRCULATION ‘GADEP\Projects\SBC\Masterplan-FinalA pr04.doc Page 88
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Page 89 [OCR of page images] CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 14 3.2. URBAN DESIGN 3.2.1 Design Workshop A principle purpose of MP2 is to present a refined layout plan for the Shire Business Centre. To facilitate the preparation of such a plan, Council held a day long workshop on 5 September 2002. A range of participants were present at the workshop including - > > > vwvvv vv VW Councillors Council staff Representatives of property owners and Stockwell (a company proposing to develop part of the Shire Business Centre) Consultant architects/urban designers Consultant traffic engineers Local architects Key outcomes of the workshop were- Apreferred master plan of layout for the various land use elements ‘identification of preferred locations for a civic precinct and an inter-regional transit facility Some preferred urban design themes Refinement of open space strategies Identification of access issues Improved pedestrian focus More utility to the intemal loop road Better integration of future development and use of the two properties that comprise the Shire Business Centre site ' Resolution of a connection to the adjoining industrial area The workshop has been followed by further discussion between the architects and traffic engineers to determine whether preferred access arrangements could be resolved. While complete agreement was not reached, access was largely resolved in principle with Council being called upon to determine the placement of the two roundabouts in Walter Hay Drive and the additional access from Eenie Creek Road, which offer access into the site. 3.3 RETAIL DEVELOPMENT Section 19.3.1.2 of the Strategic Plan nominates retail development outcomes for the site of > G:\DEPWProjects\SBC\Masterplan-FinalApr04.doc Retail shops of the order of 15,000m? of floorspace with a discount department store to be in the first stage > Homemaker and showrooms of the order of 10,000m2 Council engaged Urban Economics in 1999/2000 to conduct independent investigations on the economic impacts of a development proposal by. Conclusions from those investigations were- > An 18,300m? sub-regional shopping center has market support for an opening by 2004. > The impact of the sub-regional center can be contained within manageable levels provided the future expansion of the retail network is contained. It is expected the sub-regional center will create an impact upon the retail network [that] falls just short of being significant. During 2004 it can be expected there will be some closures and relocations fo the Shire Business Centre. it is expected that all existing retail nodes will continue to perform at their designated function in the retail network. Page 89
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Page 90 [OCR of page images] CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 15 > The Premium Outlet Centre as proposed in the earlier Montbar application, would compete strongly : with Hastings Street retailers, which target tourists, offering mainly premium brands at low prices, The impact [of the proposed Premium Outlet Centre] upon the Hastings Street retall node is likely to be significant in both dollar values and its ultimate composition. From the above conclusions and in consequence of the Montbar application, the following revised development parameters are concluded as acceptable outcomes for the site- > Retail shops of the order of 18,300m? of floor space with a discount department store to be in the first stage ‘> Homemaker and showrooms of the order of 7,000m? floor space > No Premium Outlet Centre or other significant retail development. 3.4 DEVELOPMENT SEQUENCING , Section 19.3.1.5 of the Strategic Plan calls for the Master Plan to include sequencing guidelines for the overall development, designed to co-ordinate with the construction of roads servicing the site and other relevant issues. The first stage of development will contain a shopping center with a Discount Department Store as called for by the Strategic Plan. That will bring a requirement for a suitable extemal road network and access arrangements into the site. The Strategic Plan nominates that the first stage of development will only proceed after- > The construction of Eenie Creek Road between Eumundi Road and Reef Street [completed 2002] > Commitments being made for the construction of Walter Hay Drive. [This road is the subject of an agreement between Council and Main Roads Department] The intemal road system will need to be sufficiently advanced to service a shopping center, as it is a high generator of traffic. With the first stage there will need to be additional development outcomes as follows- > Anestablished landscape theme for the developed precincts ‘ A suitable stormwater management system Entry treatments > > > Appropriate signage > Commencement of the associated pedestrian and bikeway network and related extemal links > Interim transport circulation strategies in the absence of the loop road being complete [The loop road may be completed in stages] > Two accesses into the site are preferred unless Council is satisfied that a single access is acceptable ‘ > Dedication of the lower part of the land as public open space. Community consultation has indicated a concem that the Shire Business Centre should demonstrate at an early stage that it is to be developed for more employment opportunities than through retailing alone. It would be reasonable for Council to acknowledge those concems and to require that a substantive amount of non-retailing development should take place in the first stage. The minimum standards applicable to this non-retail development are:- . > Anarea of floor space equivalent to 20% of any retail floor space, is to be constructed prior to such retail development operating; and > 40% of the non-retail development floor space is to be contracted for sale or lease, prior to the retail development operating. ‘G.\DEP\Projects\SBC\Masterplan-FinalApr04.doc Page 90
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Page 91 [OCR of page images] CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 16 Subsequent development stages will address- Completion of the access intersections leading into the site Completion of further stages of the internal loop road Completion of further stages of development within the sub-precincts Completion of the pedestrian and bikeway network Construction of the link road to Rene Street/Production Avenue industrial area Completion of the stormwater management systems . Completion of landscaping design elements vVvvvvVwvwYvY Vv wv Further dedication of !and to public open space. 3.5 TRANSPORT The following principles should apply to the development of transport infrastructure at the site- a. "The functioning of Eenie Creek Road and Walter Hay Drive are of key importance to traffic flows across the coastal area of the Shire. The Shire Business Centre site should be designed such that peak traffic flows to the site do not impact on the wider functions of those roads. The proposed point for Walter Hay Drive to cross Eenie Creek has been relocated from that shown for MP1 to a place to the east approximately 140 metres. There should be deliberate planning for pedestrian and bikeway networks within the site and for appropriate extemal connections. ‘End of trip’ facilities such as racks, showers and lockers should also be provided. The development should be designed on the principle of equity in access opportunities. Intersections, both internal and external to the Shire Business Centre site should be designed to operate without the need for traffic lights. There are traffic and economic imperatives that necessitate connectivity between the existing Noosaville industrial estate and the Shire Business Centre; however the potential for conflict between heavy vehicles and both other traffic and certain land uses, requires control. Traffic distribution through the site will benefit from provision of a loop road providing for circulation and distribution of traffic. , Key parking areas need to be located immediately adjacent to key generators. In this respect, the key generators will be the main retail areas and the key employment nodes. Pedestrian movements and many bicycle movements between key nodes within the site should be designated to minimise the need to cross over roads. If road crossovers are necessary, central refuges should be provided. Carparking should be designed to avoid the appearance of large carparks. This can be achieved through landscape and preferably retention of existing established vegetation in key areas to frame the car parking into almost discrete areas. It is acknowledged that the car parks need to be visible with clear accesses. Carparking is preferred underground or under buildings for reason of efficiency of land use, weather protection and an opportunity for more open space to be provided. However it is acknowledged the high cost of such parking can be prohibitive for the uses proposed, without some other means of encouragement. Covered parking at ground level can also be considered for the purpose of offering weather protection. For non-retail development Council is prepared to re-consider the maximum plot ratio for development if underground or under building parking constructed provided there is also a significant increase in open space on the site. Retention of existing vegetation is preferred to landscaping treatment should the circumstances allow. Page 91 G:\DEP\Projects\SBC\Masterplan-FinalApr04.doc
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Page 92 [OCR of page images] CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 17 3.6 3.7 k. Access intersections off Walter Hay Drive are to be via roundabouts in the locations identified onMP2 Plan. The form of the access intersection from Eenie Creek Road is yet to be determined by Council. ECOLOGICALLY SUSTAINABLE DEVELOPMENT Development and operation of the Site shall be undertaken in a manner that works within the ecological constraints and does not place ecological values at risk. This approach is reflected in the objectives, intents and performance standards for individual sub-precincts (see Table 4.3). Additionally, the first 2 design principles of Section 3.1 nominate - > The site should be developed as a centre of urban design and environmental excellence in both built and natural environments, showcasing the attributes of the site, the environmental capabilities of the Shire and best practice environmental technologies, > Key design elements should include an integrated public transport system including bike and pedestrian pathways; energy-efficient design; the generation of renewable energy; integration between the built form and the landscape fabric; low key informal places; a visual relationship between indoor and outdoor Spaces; waste minimisation; and recycling. These general principles are to be extended into the design approaches for buildings and sites and also _ into the management phases after operations commence. Development applications will be assessed for attention to these principles and appropriate conditions will be imposed on approvals to achieve these : outcomes. Environmental management plans will be prepared for all Stages of development. Additional development concepts supportive of ESD principles are to be adopted by developers wherever practicable and shall include- > Apreference for energy efficient building material, including choice of glass > Installation of energy efficient hot water systems, preferably solar for small scale water usage or heat pump Use of grid-connected photovoltaic devices and associated community education Use of low energy lighting systems and maximized use of natural light Passive solar designs and best practice low consumption power needs Cross ventilation techniques to minimize air-conditioning requirements Window openings to be optimize natural light and to be screened for balance of light and heat Solar panels to be located to cause no reflective glare nuisance VvVVVV Vv Installation of water re-use tanks for landscaping > Use of appliances having the most favourable energy rating. OPEN SPACE AND LANDSCAPING Open space has important functions for the site. In the southern part the land is constrained for development due to flood potential and environmental reasons. This area should be retained in its natural state and dedicated for public open space. it will form an important character element for the site and entry to the Shire along Walter Hay Drive. ‘GADEP\Projects\SBC\Masterplan-FinalApr04.doc Page 92
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Page 93 [OCR of page images] CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 18 Walter Hay Drive and Eenie Creek Road are the Principal frontage roads to the site. They also serve high order functions in the transport network. No development is to have direct access to those roads. In addition it is desirable to screen development from those roads so as to ensure development has an internal focus. (See Strategic Plan 19.3.1.8) The design workshop of 5 September 2002 discussed the extent of this landscape and concluded a complete screening of all development was not desirable, as it is important that the site be identifiable because of its prominent role. Nevertheless a minimum width of 5 metres of existing vegetation is to be retained near the entry roads and this width may expand to 10 metres in between those access points. To maintain the vegetation in a natural state in the long term, Council requires that part of OS3 containing vegetation to be protected is to be contained in a park reserve or otherwise secured for Open space purposes in the long term (eg. environmental covenant). Sub-precincts B1-3, E1-7 and RES are required to provide a minimum area of open space. The intent of those open space areas is to provide a vegetated setting for development but also to give consideration to potential habitat and fauna corridor functions linking to Open Space Precincts and the Open space areas within each of the adjacent development sub-precincts. It is acknowledged that substantial parts of the open space within the sub- precincts will be re-planted for tandscaping effect. The location of Walter Hay Drive creates a small precinct in the northeastem sector of the site. This land is constrained by - > - Shape > — Access > Proximity to National Park (buffering on site will be required) > Separation from other development precincts . This area has been determined to have limited development potential and would most usefully serve as an addition to the National Park. It can altematively be considered for a small-scale recreation use or mixed use development, upon Council being satisfied the above constraints are satisfactorily accommodated and the values of the National Park are not impacted to any measurable degree. A recreation use could be beneficial to the functions of the balance of the Shire Business Centre. In reflection of this the land has been designated Recreation/Mixed Use, but with buffer areas adjacent to the national park included in Sub-Precinct OS1. This master plan also carries forward the intent of MP1 concerning the retention of existing defined drainage paths. Additional survey work has demonstrated the open space area shown as Precincts OS5 and OS6 on MP1 do not contain a well defined drainage corridor. MP2 proposes a different approach in this area and seeks the retention of a lesser extent of open space land that is fo perform a role of a character element - separating differing land use types. Landscaping treatment of the drainage corridors and other parts are to be designed with water quality objectives in mind. Landscape treatments in the more urbanised parts of the site may include water elements. . The three entry roads into the site are to be distinguished by landscape treatment. This treatment as with all landscaped areas shall be consistent with the adopted landscaping policies of Council. Landscaping should retain existing vegetation where practicable. Page 93 GADEP\Projects\SBCMasterplan-FinalApr04.doc
Section 96
Page 94 [OCR of page images] CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 19 4.0 MASTER PLAN OUTCOMES: STAGE 2 44 4.2 In this section, the master planning outcomes for Stage 2 are described, These outcomes have been derived from the master planning outcomes for Stage 1 and then further refined by Stage 2. MP2 PLAN MP2 Stage 2 plan is derived from the simple concepts provided in Figure 3.1 and Figure 3.2. it provides a more detailed plan for the site and the roads about the site. An A3 version is found at the end of this document. MP2 Stage 2 pian contains considerably more design detail than MP1. This plan together with MP1 meet the requirements of the Strategic Plan and the development Principles established in Section 3. Boundaries between precincts, areas of precincts and the location of proposed roads and intersections have been refined from the Stage 1 Master Plan but they are still conceptual to a degree. Final boundaries will be determined in conjunction with decision-making on appropriate development applications. COMPONENTS OF THE MP2 PLAN Table 4.1 shows the elements indicated on MP2 Plan including their map object number, primary function, secondary function and area. The primary and secondary functions are intended to indicate the dominant activities within precincts and sub-precincts. The precincts and sub-precincts are not intended to define discrete boundaries for the various functions, however the control of the scale of some of these functions will be of importance, MP2 Pian and Table 4.1 contain thé following elements: a. A Business Precinct comprising a total of 3 sub-precincts totalling 12.1 hectares and allocated for future business growth areas of Noosa Shire. The Business Precinct would include the highest order of retail development in the Shire and significant vehicle parking. b, An Employment Precinct comprising a total of 7 sub-precincts totalling 20.0 hectares and allocated for future employment growth. The Emptoyment Precinct includes 3 sub-precincts with preferred themes. The themes are not mandatory and the intent is to allow these sub-precincts to take advantage of new employment opportunities, as and when they arise.- c An Open Space Precinct comprising a total of 7 sub-precincts-totalling 29.6 hectares and allocated for a Tange of open space functions. Some of these functions would see the tand left in its naturat state with little human use, whilst others would see significant modification to the natural form and significant human use. The Open Space Precinct includes an extensive area that would continue to serve as an ecological corridor along and buffer to Eenie Creek. The open space precinct acknowledges that it is part of a wider Open space resource which includes the National Park and Lake Weyba. d. A Residential Precinct comprising 0.7 hectares. The precinct is intended to provide support accommodation to the other key sub-precincts. e. A Civic designation located between the principal retailing precinct and the northem entry road from Walter Hay Drive. Council established a Civic Precinct Working Group to investigate the type of function that Council would consider on the'site. The Group reported its findings to Council and nominated the following activities for further assessment - Central library Art gallery Performing arts center Community radio and sound studio Council one-stop shop Tourist information center Heritage interpretative center Inter-regional transit center Park and ride facilities Community meeting and gathering spaces Public art, sculptures and murals Outdoor street entertainment VVVVVWV VV VV Vv GADEP\Projects\SBC\Masterplan-FinalApr04.doc Page 94
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Page 95 [OCR of page images] CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 20 f A Recreation/Mixed Use Precinct comprising 1.5 hectares in the north east of the site. This site has constraints and any development must satisfactorily address those failing which the land should remain open space. g. _ . The site has potential for an inter-regional transit facility. MP2 recognises this by including a Transit designation for such a facility near the northem entry road from Walter Hay Drive. h. Key external roads are Eenie Creek Road and Walter Hay Drive, respectively. Intersections with these roads will be by way of roundabout, where this can be achieved to meet acceptable traffic management practices. Access from Eenie Creek Road in the north west sector has not been resolved. [See section 3.5.k] i. Key Vehicular Access Points j. Key intemal Loop Road k. Key Pedestrian and Bikeway Linkages. Page 95 G-\DEP\Projects\SBC\Masterplan-FinalApr04.doc
Section 98
Page 96 [OCR of page images] CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 TABLE 4.1 PRECINCTS BY PRIMARY FUNCTION, SECONDARY FUNCTION & AREA ‘GADEP\Projects\SBC Masterplan-FinalApr04.doc 21 Page 96
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CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 22
43
G:\DEP\Projects\SBC Masterplan-FinalApr04.doc
KEY DEVELOPMENT CHARACTERISTICS BY SUB-PRECINCT & TRAFFIC TYPE -
For the purposes of this Master Plan, a range of land uses defined within the Schedule to the Planning Scheme,
have been condensed to a nested series of definitions relating to the primary and secondary functions defined by
MP2 Plan and Table 4.1.
These are indicated in Table 4.2. Note that the land uses indicated in the final column are the principal definitions
only. Other land uses that are not listed in Table 4.2 may occur, though these functions would not be dominant in
the precincts in which they occur.
The discussion in this Master Plan provides a guide to the use intentions associated with the defined precincts
and the scale of development intended for each of the sub-precincts. Final outcomes will be determined by
decisions on any relevant development application and by the new Planning Scheme.
Table 4.3 defines the key development characteristics anticipated for the various sub-precincts and includes the
following components:
vwvvv wv
Sub-Precinet: The sub-precinct number on MP2 Plan.
Primary Function: The primary function from Table 4.2.
Secondary Function: The secondary function from Table 4.2.
"Objective: The objective for the particular sub-precinct.
Process Principles: Initial Integrated Development Assessment System processes under the Integrated —
Planning Act for key forms of development (material changes of use and reconfiguration). Material
changes of use based on land uses indicated in Table 4.2 and reconfiguration only are considered. For
changes of use to functions not consistent.with Table 4.2, the impact assessment process is to be
followed. Note that the provisions focus on the principles for each sub-precinct and more detail on the
exact process for all development will be a necessary consideration of any relevant development
application. It is possible that as part of the new planning scheme, the assessment levels of some forms of
preferred development (ie business uses) will be changed from impact assessment to code assessment.
Strategic Plan Provisions: The Strategic Plan provisions that have direct influence on issues associated
with the sub-precinct. There will be many other provisions of the Strategic Plan that apply, however these
will have generic application over the whole of the Shire Business Centre site.
Intent & Performance Standards: An intent statement or description for the particular sub-precinct,
followed by a series of performance standards. The performance standards are generally structured on the
basis of:
Development scale, using floor space, site cover and plot ratio techniques,
» Connectivity in visual and pedestrian/bikeway terms;
> Parking; {Car parking will be assessed against the provisions of the Planning Scheme]
> Timing; and
> Use relationships.
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.
5
i
{
CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 23
TABLE 4.2 PRIMARY & SECONDARY FUNCTIONS & PLANNING SCHEME DEFINITIONS
‘
|
t
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Section 101
Page 99 [OCR of page images] 66 abed Poot fo tl Lo bo bo to Co CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 TABLE 4.2 SHIRE BUSINESS CENTRE MASTER PLAN: SUB-PRECINCTS Retail Retail Centre and Provision of the highest 19.3.1.2, 19.3.1.9 Business (Shops —_| order retail facilities in : including @ discount | Noga Shire, in a centre of am store), | distinctive design that is — unique, has an outdoor focus and is integrated with the site's topographic, vegetation and local climatic features. B2 Business Car Parking and } Provision of principal parking, | 19.3.4.2,19.3.1.9, Offices (3.1 ha.} and access for retall 19.3.4.17, 19.3.1.18, development in Sub-Precinct | 27.10.4.2, 27.10.43 Bi. These facliities will be added to by office functions if tand Is available. Sub-Precinct B1 comprises the retail core of the Shire Business Centre site and as such has a commensurate scale of development potential. Its design standards will reflect the identified core values within the Shire Strategic Vision. a. Shop floor space up to 18,300m? total use area (TUA‘). b, Commercial and administrative office floor space up to 3, 000m? TUA. c. Plot ratio for development within Sub-Precincts B1 and B2 combined up to 0.5:1. d, Building heights of 1 and 2 storeys e, Development to have strong visual linkages with Sub-Precincts B2, 83 and OS5 and Employment Precincts. f, Development to have strong pedestrian and bikeway connectivity with Sub-Precincts B2, B3, E1 and E2. g. Most vehicular parking will be provided as part of parking facilities in Sub-Precinct B2. : h, Development to be staged, consistent with the needs of the population of the Shire in accordance with the Strategic Plan alms. Sub-Precinet B1, together with Sub-Precinct B2, are to form part of the site of the first stage of development. i. Minimum open space may be 10% of the area of any development site within the Sub-Precinct provided that the Sub-Precinct overall shall have a minimum open space area of 15%. Sub-Precinct B2 comprises a car parking oriented precinct, with additional commercial offices If land is available after provision is made for car parking. Along with Sub-Precincts B1 and £1, Sub-Precinct B2 comprises the core of the Shire Business Centre site, its functioning Is critical to the successful operation of traffic management, parking schemes, and pedestrian movements through the overall site. a, Parking facilities servicing Sub-Precincts B1, B2, and E1, with primary points of access located along the loop road. It is desirable for a substantial part of the parking to be at basement level, under a building or otherwise covered. b. An important objective of the design shall be to avoid the appearance of a large single car park. This can be achieved through landscape and preferably retention of existing established vegetation in key areas to frame the car parking into almost discrete areas. itis acknowledged car parks need to be visible with clear accesses. ¢. The design of the parking areas shall include adequate provision for pedestrians, cyclists, bus transport and taxis. d. Commercial and administrative office floor space up to 4,000m? TUA. ‘ Total use area Ia a term defined In the Schedule to the Planning Scheme: The sum of the area (axelusive of al walls and columns) of all storeys of a building or bulidings which ls used or intended for uee for # particular purpose plus any other area of the atte which Is also used or intended for use for tha same provided that the tarm does not inotude:- purpose, ‘8. The areas (noluslve of al wails and columie) of eny Iftroome, mator room, eircondiioning or other mechanical or electical plant or equipment roms locstad at any topmoat story, ‘, The areas of any staircases or Eftwells; ¢. The areas of any common foyer, arcade or landscaped plaza; or d, The areas of any public tollets, GADEPWProjects\SBC\Masterplan-FinalApro4.doc
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CHOOSING FUTURES: Shire Business Centre Master Plan - Siage 2 : 25
@. Plot ratio for development within Sub-Precincts B1 and B2 combined up fo 0.5:1.
f. Building heights of up to 2 storeys.
g. Development to have strong visual linkages and pedestrian and bikeway connectivity with Sub-Precincts B1,
B3 OS? and E1
h. Sub-Precinct B2, together with Sub-Precinct B1, are to form part of the site of the first ‘Stage of development.
i, Minimum open space may be 10% of the area of any development site within the Sub-Precinct provided that
the Sub-Precinct overall shall have a minimum open space area of 15%.
Provision of Offices and
showroom facilities in an open
Modular setting.
Sub-Precinct B3 provides opportunities for showroom and office facilifies on the Shire Business Centre site.
Whilst some of these areas lie close to Eenie Creek Road, development will tum away from that road.
8, Showroom/homemaker floor space up to 7,000m2 TUA.
b. Commercial and administrative office floor space up to §,000m2 TUA,
¢, Business floorspace up to 6,000m2 TUA.
d, Plot ratio for development within the sub-precinct up to 0.8.
e, Buliding heights of generally 1 - 2 storey.
£, Development to have strong visual linkages to intemal roads with no tellance on visual association with
Eenie Creek Road. .
g. Vehicular parking will be provided on-site.
h, Development may be staged, but Council requires non-retail Offices and business elements to be part of the
first stage.
i, Minimum open space may be 10% of the area of any development site within the Sub-Precinct provided that
the Sub-Precinct overall shall have a minimum open space area of 15%.
Sub-Precinct E1 comprises the central employment core of the Shire Business Centre site. is expected that it
will Include a major employment tenant in a new sector of business in the Shire, to which other business and
sectors will cluster. Along with Sub-Precincts B1 and B2, Sub-Precinct E1 comprises the core of the Shire
Business Centre site. It is expected that development will accur in a park like setting,
a, Floor space allocations will be determined on specific applications.
b. The northem section may contain a smaller intemal Precinct set aside for civic purposes,
c. As a guide, plot ratio for development within the sub-precinct would be anticipated of the order of 0.6 and a
site cover of no greater than 50%,
d. Parking is to be provided for on site, generally at the side, rear or undemeath of | buildings.
@. Buildings are generally to have a presentation to the loop road with a sethack of the order of 6 metres
Showroom, Offices
and Business (5.3
ha)
19.3.1.2, 19.3.1.9,
19.3.1.12
Technology- Based
R&D, Business,
Offices and Civic
(4.0 ha)
Provision of a key
employment node in new
knowledge industries,
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Page 101 [OCR of page images] ToT abed (Co Oo Le Lo Le LOL: Peete Ptceettiy eee Nemes . CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 : “ 26 f. building heights of 1 and 2 storeys, with some building heights up to 3 storeys g. Development to have strong visual linkages with Sub-Precincts B1, OS7 and E2. h. Development to have strong pedestrian and bikeway connectivity with Sub-Precincts B14, B2 and E6. i. Development expected to be staged consistent with market need. j. Development in this sub-precinct will have significant relationships with development in Sub- Precincts B1 and B2, k, Minimum open space may be 10% of the area of any development site within the Sub-Precinct provided that the Sub-Precinct overall shall have a minimum open space area of 15%. Employment Educative and Provision of a key 49.3.1.2, 19.3.1.9, ‘Sub-Precinct E2 comprises a central employment node with an educative theme. Itis expected that there will Environmental R & | employment node based on 19.3.1.12 be business associations formed between this node and that of Sub-Precincts £1 and its proximity to Sub- D, Business and the educative and Precincts B1 and B2 are key factors. Offices (1.5 ha.) enviar rosea ares asFloor space allocations will be determined on specific applications. | environmental theme : b. As a guide, plot ratio for development within the sub-precinct would be anticipated of the order of 0.6 and a site cover of no greater than 50%. c. Parking Is to be provided for on site, generally at the side, rear or undemeath of buildings. ~ | d. Bulldings are generally to have a presentation to the loop road with a setback of the order of 6 metres . e, Bullding heights of 1 and 2 storeys, with some building heights up to 3 storeys . f, Development to have strong visual linkages with Sub-Precincts B1, OS7 and RES. g. Development to have strong pedestrian and bikeway connectivity with Sub-Precincts B1, E1 and RES. h. Development expected to be staged consistent with market need. 1. Development in this sub-precinct will have significant relationships with development in Sub- Precincts B1 and B3. j. Minimum open space may be 10% of the area of any development site within the Sub-Precinct provided that the Sub-Precinct overall shall have a minimum open space area of 15%, Employment Environmental R & | Provision ofa key 19.3.1.2, 19.3.1.9, Sub-Precinct E3 provides an opportunity for an employment node that will follow an environmental theme in D, Business and employment node based on 19.31.42 accordance with the sensitivity of surrounding areas and promoting Noosa Shire's position as promoting Offices (1.9 ha.) environmental research and environmental excellence, Development in this sub-precinct must recognize the role this site performs in linking development industrial land in the west to the business and open space functions within the Shire Business Centre site. The nature, design and operation of any activites in this sub-precinct will be key factors in ensuring compatibility _ ‘with development in other sub-precincts. a, Development in this sub-precinct is generally subject to the performance standards contained within Section 6.4 of the Schedule to the Planning Scheme, as if the land were included in the Industry Zone. . b. Development to have strong pedestrian and bikeway connectivity with Sub-Precinct £4 and industrial land to the west. ¢. Vehicular parking will be pravided on-site. GADEP\Projects\SBC\Masterplan-FinalApro4.doe
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CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 27
d. Building heights of 1 and 2 storeys, : .
e, Development in this sub-precinct will have significant relationships with development in Sub- Precinct E4,
f, Development will acknowledge the open space function of the adjoining Sub-Precinct OS2,
g. Minimum open space may be 10% of the area of any development site within the Sub-Precinct provided that
the Sub-Precinct overall shalf have a minimum open space area of 15%,
Sub-Precincts E4 and E5 provide the opportunity for expansion of the Noosaville industiial estate,
Development in these sub-precincts must recognize the Tole these sites perform in jinking industrial land in the
west to the business and open space functions within the Shire Business Centre site, The nature, design and
Operation of any activities in this sub-precinct will be key factors in ensuring compatibility with development in
other sub-precincts.
a. Development in these sub-precincts is generally subject to the performance standards contained within
Section 6.4 of the Schedule to the Planning Scheme, as if the land were included in the Industry Zone.
b, Development to have strong pedestrian and bikeway connectivity with Sub-Precinct B1 and B3,
c. Vehicular parking will be provided on-site.
d. Building heights of 1 and 2 storeys.
e. Development in these sub-precincts will have significant relationships with development in Sub- Precinct B3.
In this regard development in Precinct E5 may have a dominance of business activity to complement
development of Sub-Precinct B3.
f. Minimum open space may be 10% of the area of any development site within the Sub-Precincts provided
that each Sub-Precinct overall shall have a minimum open space area of 15%,
Provision of additional land for
industrial and business
purposes.
9.3.1.2, 19.3.1.9,
Employment
19.3.1.12
{2.9 ha & 2.1 ha}
19.3.1.2, 19.3.1.9,
193,112
Sub-Precincts E6 and E7 comprise a node with unspecified employment opportunities that may be developed
in the later stages of the Shire Business Centre. Itis expected that there will be a mixture of uses and that
business associations will be formed between this node and Sub-Pracinct E1.
a, Floor space allocations will be determined on specific applications.
c. AS a guide, plot ratio for development within the sub-precinct would be anticipated of the order of 0.6 and a
site cover of no greater than 50%,
4. Parking Is to be provided for on site, generally at the side, rear or undemeath of buildings,
e. Bulldings are generally to have a presentation to the loop road with a setback of the order of 6 metres
£, Building heights of 1 and 2 storeys.
g. Development to have strong visual linkages with Sub-Precincts E1, OS1 and OS2.
h, Development to have strong pedestrian and bikeway connectivity with Sub-Precincts B1 and £1.
i, Development expected to be staged consistent with market need. :
j. Development in these sub-precincts will have significant relationships with development in Sub- Precinct E14.
E6 & E7 Employment Business, Offices
and Transit (3.1 ha
&37ha)
Provision of employment
opportunities in unspecified
business areas and an inter-
regional transit facility in E6,
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Co 6h OL OL OL
Reveal ten ‘eon
Environmental (11.3
ha & 12.6 ha))
/
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CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2
tot
These opn space areas 49.3.1.11, 19.3.1.42
underpin the key ecological
values of the Site, They are
key open space linkages
providing corridor connectivity
to the Noosa National Park
and a riparian open space to
Eenie Creek. The objective Is
to protect and maintain these
areas as near as possible to
their natural state,
k. The northem section of Sub-Precinct E6 may contain a smaller intemal precinct set aside for an inter-region
transit facility. . .
|. Development in Sub-Precinct E7 will acknowledge the open space function of the adjoining Sub-Precinct
os2
m. Minimum open space may be 10% of the area of any development site within the Sub-Precincts provided
that each Sub-Precinct overall shall have a minimum open space area of 15%.
Sub-Precincts OS1 and OS2 are intended to protect plant communities and habitats of conservation
significance, to help protect water quality in Eenie Creek, to maintain the Doonan Link, to protect wildtife of
conservation significance (in particular the Elf Skink, Wallum Froglet and Silvia's Blind Snake) and help to
buffer the National Park. The Increase in human activity and the environmental need for occasional firing of the
vegetation will provide key challenges to the overall management of the Shire Business Centre site.
a, Land within Sub-Precincts OS1 and OS2 is to be dedicated to the Crown or Council for open space
purposes, That part of the Sub-Precinct adjacent to the Recreation/Mixed Use Precinct may be acceptable in
private ownership depending on the nature of any proposed use. .
b. No development except for tracks for pedestrian access or for essential environmental management
purposes.
c, Pedestrian access is to be limited to designated tracks.
d. Vehicular access, apart from for essential environmental management purposes, will be precluded.
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CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2
$3 Open Space | Preservation of visual
amenity (2.2 ha)
OS4 &OS7 Open Space Environmental These open space areas are
Drainage (2.6 ha & natural wetlands and drainage
| 4.3 ha) pathways that drain info OS2.
. 0S4 has important ecological
values associated with vegetation
of conservation significance and
habitat for Elf Skinks and Wallum
Froglets, The objectives are to
protect the ecological values and
. to provide drainage paths for
polishing previously treated
stormwater runoff, as well as
providing key open space for
aesthetic purposes through the
site.
OS5 & OS6 Open Space | Preservation of Visual | Provision of significant landscape
Amenity (0.2 ha & 0.2
ha)
buffering to the intemal loop road
GADEP\Projects\SBC\Masterplan-FinalApr04.doc
This open space area consists of
narrow strips of native vegetation
fringing Eenie Creek Road and
Walter Hay Drive. The objectives
are to provide landscape screening
to extemal main roads and to
contribute to habitat finkages
through the Site.
29
The intent of Sub-Precinct OS3 is to provide a landscape screen between the site and the two principal frontage
toads Walter Hay Drive and Eenie Creek Road. The role of this screen Is not to hide the development from view,
as itis an important urban centre needing identification. However it is not intended that development within the
site be oriented to the principal roads and the screening is to be an effective deterrent to potential for advertising
or buildings to be featured from the roads. Itis desirable for the parts of this Sub-Precinct to be held in a suitable
tenure to ensure their long term availability for screening vegetatton.
a, Whilst the aim of these precincts is to retaln existing vegetation adjacent to the two principal frontage roads,
some disturbance may occur during construction of the main roads and access points. In this instance, re-
vegetation using species endemic to the Site will be necessary. Enhancement planting to enhance screening
and habitat values is to be carried out using species endemic to the Site
b, These buffers are to ensure that the development maintains an intemal focus, whilst allowing entry
statements at access points along the main roads.
c, “The tenure of O53 is to be park reserve over that part containing vegetation to be protected, or otherwise
secured for open space purposes in the long term (eg. environmental covenant).
d. Those sections of OS3 that adjoin the roads linking Walter Hay Drive and Eenie Creek Road to the intemal
oop road are permitted to be landscaped as an entry area and retention of existing vegetation is not a
requirement, but some existing vegetation could still contribute to the desired effect.
Sub-Precineis OS4 and OS7 comprise the existing defined natural drainage path through the site. The intention
is to retain this in its natural state where possible, however the need to ensure that run-off waters are polished
necessitates some engineering of the drainage works.
The intent of Sub-Precincts OSS and OS6 is to create an open space element adjacent to part of the intemal
loop road and between precincts. These areas are to assist in a visual frame and reference for traffic on the
pe (oa and for development in Sub-Precincts B3, E4 and E5. They are also intended to provide intemal
al inkages.
a Easting vegetation Is to be retained though some minor disturbance may occur through the provision of
services,
19.3.1.9
Section 107
Page 105 [OCR of page images] C. Cn CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 on Residential Employment Support (0.7 ha.) Provision of the residential support facilities for other key components of the Shire Business Centre. Recreation / 19.3.1.9 & 19.3.1.12 Mixed Use / Open Space Minor Recreation Use, Minor Mixed Use or Open Space (1.6 ha) Retention of open space character and values and protection of adjacent national park + SOT abeg GADEP\Projects\SBC\Mastetplan-FinalApr04.doc b. Existing vegetation may be enhanced by additional plantings of appropriate species. c, Revegetation of any areas disturbed during construction activities is to be carried out using species endemic to these open space areas. Sub-Precinct RES is intended to provide support accommodation to other key sub-precincts on the site, Consequently, there will be strong associations between the use of Sub-Precinct RES and that of Sub-Precincts E1 and E2 and other sub-precincts. Residential development is intended as an adjunct to development in other sub-precincts, rather than stand-alone accommodation for permanent occupation. Accommodation that is not self-contained such as hostel style would be appropriate. a. Specific floor space allocations will be considered as part of any relevant development application, however by way of guide, plot ratio for development within the sub-precinct up to 0.6. b. Building heights of up to 2 storeys. c. Development to have strong visual linkages with Sub-Precinct OS4, d, Development to have strong pedestrian and bikeway connectivity with Sub-Precincts B1, E1 and E2. e. Vehicular parking will be provided on-site. . f, Development expected to be staged, consistent with development in Sub-Precincts E1 and E2. g. Development will acknowledge the open space function of the adjoining Sub-Precinct OS4. h, The Sub-Precinct shall have a minimum open space area of 15%. i, External building design treatment shall accord with provisions of the Residential Low Density Zone of the Planning Scheme . This sub-precinct is constrained for development [See Section 3.7] and may be assessed for use for minor recreational development. Altematively the land may be used for a minor mixed use development including business activity that need not be associated with the balance of the site. Retention of open space values both on the site and for the adjacent national park are important outcomes. a, Development to be low intensity and involve retention of substantial existing vegetation. b, Plot ratio to be less than 0.1 ¢, Buildings to be one storey.
Section 108
Page 106 [OCR of page images] CHOOSING FUTURES: Shire Business Centre Master Plan - Stage 2 31 5.0 CODES Specific Codes for the site will be developed by Council as part of the preparation of the IPA Planning Scheme for Noosa Shire. H g:\dep\projects\sbc\masterplan-finalapr04.doc Page 106 ] ~ 4
Section 109
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Page 107
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Page 108
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Page 109 [OCR of page images] Page 30 Annexure 6 — Plan showing Public Road required from the Land for Walter Hay Drive Page 109
Section 112
Page 110
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Section 114
Page 112 [OCR of page images] Page 31 . EXECUTED AS A DEED. THE COMMON SEAL of the COUNCIL) OF THE SHIRE OF NOOSA was affixed ) by authority of a resolution of the Council ) in the presence of: Name of the Mayor (print) EXECUTED by MIROSE PTY LTD (ACN 010 278 118) in accordance with its Constitution P:\0312735\050903-DOC0022.doc Page 112
Section 115
Deed of Variation
Schedule 2 Variations
The Infrastructure Agreement is varied as follows:
1. Stockwell is included as a party to the Infrastructure Agreement.
2. Clause 1.5, the insertion of the following new definitions:
“Draft Framework and Character Plan means the Noosa Business Centre Framework and
Character Plan of the Draft New Noosa Plan as endorsed by Council (with amendments) at its
Special Meeting on 11 December 2019 a copy of which is contained in Annexure 7 (together with
Zone Map 12 - Noosaville, the Major Centre Zone Code and table of assessment, Schedule 1
Definitions, and the Minutes of Special Meeting on 11 December 2019 which detail the
amendments).
Draft New Noosa Plan means the draft New Noosa Plan publically notified between 18 February
2019 and 20 May 2019 and incorporates the significant changes publicly notified between 16
September 2019 and 11 November 2019, and endorsed by Council (with amendments) at its Special
Meeting on 11 December 2019.
Hofmann Drive Extension means the extension of Hofmann Drive through to Walter Hay Drive
identified in dark pink on the Subdivision Plan as “Dedication of road reserve for extension of
Hofmann Drive”.
New Public Road means the new public road from the northern roundabout on Walter Hay Drive to
the boundary of proposed Transit Lot 24 identified in dark yellow on the Subdivision Plan as “New
Public Road”.
Pedestrian Thoroughfare Easement means the proposed 4m wide easement for public pedestrian
access along the eastern side of Lot 1 and the western side of Lots 3 and 4 crossing covenant J as
identified in pale pink on the Subdivision Plan as “4m Pedestrian Thoroughfare Easement.”
Proposed Lot 23 means the lot marked as “23” on the Subdivision Plan
Reconfiguration of a Lot Application means the development application for a development permit
for reconfiguration of a lot with respect to Lot 3 on SP246584 (Council reference RAL18/0023).
Subdivision Plan means the subdivision plan prepared by Bennett & Francis Pty (reference
034389.57) dated 29 November 2019 a copy of which is contained in Annexure 8.
Transit Lot 24 means the lot marked as “24” on the Subdivision Plan”.
3. Clause 1.5, by amending the definition of Master Plan 2 and Shire Business Centre by addition of the
words shown in underlining below:
“Master Plan 2 means The Shire Business Centre Master Plan: Stage 2 (MP2) adopted by the
Council on 10 April 2003 a true copy of which is contained in Annexure 5 or as amended by the Draft
Framework and Character Plan.
Shire Business Centre means the Shire Business Centre for Noosa planned for development on
land including the Land and described in Section 19.3 of the Strategic Plan or Draft Framework and
Character Plan.”
4. Clause 1.5, by amending the definition Open Space Area G by addition of the words shown in
underlining below:
“Open Space Area G means the area shown as “OS7” on Master Plan 2 which is proposed to be
maintained as Private Open Space substantially in its natural state for environmental drainage and
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Deed of Variation
ecological purposes and is hatched on the plan in Annexure 2, with its area
reduced to align with the area identified as “Character Landscape” on the Draft
Framework and Character Plan (that is, up to the southern boundary of the 5000sqm Transit Lot 24
identified in pale yellow on the Subdivision Plan) .”
5. Insertion of a new Clause 3.4:
“3.4 Compliance with Clauses 4.6c, 6.7, 6.8. 6.9, 6.10, 6.11 and 6.12 and 7.3
a. The obligations of the Applicant in Clauses 4.6c, 6.7, 6.8. 6.9, 6.10, 6.11 and 6.12 and 7.3 are
subject to and conditional upon:
i. the Reconfiguration of a Lot Application being approved and taking effect;
ii. the approval for the Reconfiguration of a Lot Application not lapsing; and
iii. the approval for the Reconfiguration of a Lot Application not being cancelled.
b. If the Applicant is obliged to comply, the time for compliance is contemporaneously with sealing
of the plan for the reconfiguration or an earlier time at the Applicant’s sole discretion”.
6. Insertion of a new Clause 4.6 as follows:
“4.6 Open Space Area G
For the avoidance of doubt, the parties acknowledge that:
a. The area of Open Space Area G (which, in this clause, is taken to be a reference to Open Space
Area G without incorporating the amendments shown on the Draft Framework and Character
Plan) is reduced under the Draft Framework and Character Plan;
b. The reduction in the area of Open Space Area G as shown on the Draft Framework and
Character Plan does not alter:
i. the deemed contribution to community infrastructure - private open space provided by
clause 4.3;
ii. the immunity provided by clause 4.4 of the Infrastructure Agreement; or
iii. the limitation on buffers, building setbacks and land requirements provided by clause 4.5.
c. The Applicant will amend the covenant over The Land so that the extent of Covenant J accords
with the reduced area of Open Space Area G.”
7. Insertion of a new Clause 4.7 as follows:
“4.7 Koala habitat trees acknowledgement
For the avoidance of doubt, the parties acknowledge that performance of Stockwell’s obligations
under Clauses 4.1 to 4.3 of the Infrastructure Agreement is intended to fully offset the residual impact
of any clearing of koala habitat trees required to undertake development of the Shire Business
Centre as contemplated by Master Plan 2 (and where, to the extent relevant, amended by the Draft
Framework and Character Plan)”.
8. Insertion of a new clause 6.7 as follows:
“6.7 Hofmann Drive Extension
The Applicant shall, at no cost to Council:
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Deed of Variation
a. design and construct the Hofmann Road Extension in accordance with the
conditions imposed on any approval of the Reconfiguration of a Lot Application,
b. dedicate any land required for the Hofmann Road Extension.”
9. Insertion of a new clause 6.8 as follows:
“6.8 New Public Road
The Applicant shall, at no cost to Council:
a. design and construct the New Public Road (or any part not yet constructed) in accordance with
the conditions imposed on any approval of the Reconfiguration of a Lot Application; and
b. dedicate any land required for the New Public Road.”
10. Insertion of a new clause 6.9 as follows:
“6.9 Pedestrian Thoroughfare Easement
The Applicant shall, at no cost to Council, grant the Pedestrian Thoroughfare Easement to Council
on terms satisfactory to both parties and in accordance with the conditions imposed on any approval
of the Reconfiguration of a Lot Application.”
11. Insertion of a new Part 6A as follows:
“6A BUSHFIRE ACCESS AND PEDESTRIAN CONNECTION
6.10 Emergency bushfire access to Walter Hay Drive
The Applicant shall, at no cost to Council, provide an emergency bushfire access to Walter Hay Drive
on terms satisfactory to both parties and in accordance with the conditions imposed on any approval
of the Reconfiguration of a Lot Application.
6.11 Emergency bushfire access to Eenie Creek Road
The Applicant shall, at no cost to Council, provide an emergency bushfire access to Eenie Creek
Road on terms satisfactory to both parties and in accordance with the conditions imposed on any
approval of the Reconfiguration of a Lot Application.
6.12 Pedestrian connection to Proposed Lot 23
The Applicant shall, at no cost to Council, provide for pedestrian connection to Proposed Lot 23 in a
form satisfactory to both parties and in accordance with the conditions imposed on any approval of
the Reconfiguration of a Lot Application.”
12. Insertion of a new clause 7.3 as follows:
“7.3 Dedication of Transit Lot 24
a. The Applicant shall, at no cost to Council, dedicate to Council the land described as Transit Lot
24.
b. For the avoidance of any doubt:
i. Stockwell is not required to construct the transit centre facility on Transit Lot 24;
ii. All carparking required to deliver development on Transit Lot 24 is contained on Transit
Lot 24;
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Deed of Variation
iii. Stockwell agrees not to claim any offset, refund, or to make any
conversion application under the Planning Act 2016 in relation to the
dedication of Transit Lot 24 to Council.”
13. Insertion of a new clause 10.6 as follows:
“10.6 Development Intensity
For the avoidance of doubt, the parties acknowledge that:
a. The Draft Framework and Character Plan identifies different uses in different precincts to those
shown on Master Plan 2 (which, in this clause, is taken to be a reference to Master Plan 2
without incorporating the amendments shown on the Draft Framework and Character Plan);
b. The intensity of development contemplated by the Draft Framework and Character Plan does not
exceed the intensity of development contemplated by Master Plan 2.”
14. Insertion of a new Annexure 7 Draft Framework and Character Plan as attached and marked “Draft
Framework and Character Plan”
15. Insertion of a new Annexure 8 Subdivision Plan as attached and marked “Subdivision Plan”
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Section 119
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0 40 80 200
Page 117
The text continues on section 120.
Used in these records
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