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                       AGENDA


         General Committee
              Meeting


         Monday, 13 November 2017

                   commencing at 10am
         Council Chambers, 9 Pelican Street, Tewantin



Committee:   Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson,
             Joe Jurisevic, Frank Pardon, Brian Stockwell, Tony Wellington



                    “Noosa Shire – different by nature”
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Section 2

GENERAL COMMITTEE MEETING AGENDA                                             13 NOVEMBER 2017


TABLE OF CONTENTS

ITEM                                                                                       PAGE


ATTENDANCE & APOLOGIES                                                                          -
PRESENTATIONS                                                                                   -
ITEMS REFERRED FROM PLANNING & ENVIRONMENT COMMITTEE                                            -
1      AMENDMENTS TO THE NOOSA PLAN 2006
       (Planning & Environment Committee Agenda, 7 November 2017, Item 1, Page 3)
       Reason for referral – For a further report (refer to item 4)

2      REC17/0011 – DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (2 LOTS
       INTO 21 LOTS) AT 29 AND 35A TAIT STREET AND 20 EAGLE DRIVE, TEWANTIN
       (Planning & Environment Committee Agenda, 7 November 2017, Item 5, Page 25)
       Reason for referral – For further consideration.

3      132005.220.05 & OPW12/0031.02 – APPLICATION FOR EXTENSION TO
       CURRENCY PERIOD FOR A PRELIM. APPROVAL TO OVERRIDE PLANNING
       SCHEME, DEVELOPMENT PERMIT TO RECONFIGURE A LOT & DEVELOPMENT
       PERMIT FOR OPERATIONAL WORKS AT 70 CARPENTERS RD & 25 JARRAH ST,
       COOROY
       (Planning & Environment Committee Agenda, 7 November 2017, Item 7, Page 49)
       Reason for referral – For further consideration.


ITEMS REFERRED FROM SERVICES & ORGANISATION COMMITTEE                                           -

Nil.

REPORTS DIRECT TO GENERAL COMMITTEE                                                            3

4      FURTHER REPORT - AMENDMENTS TO THE NOOSA PLAN 2006                                      3

5      MCU17/0054 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF
       PREMISES - RETAIL BUSINESS TYPE 2 - SHOP, SALON & ENTERTAINMENT &
       DINING BUSINESS TYPE 1 - FOOD & BEVERAGES AT 11 - 19 HILTON
       TERRACE, TEWANTIN                                                                       6

6      ASSET MANAGEMENT               AND    DESIGN       SERVICES    TEAM   RESOURCING
       ARRANGEMENTS                                                                           48

7      FINANCIAL PERFORMANCE REPORT - OCTOBER 2017                                            56


CLOSED SESSION                                                                            -




                                                                                     Page 2 of 64

Section 3

GENERAL COMMITTEE MEETING AGENDA                                              13 NOVEMBER 2017


REPORTS DIRECT TO GENERAL COMMITTEE


4     FURTHER REPORT - AMENDMENTS TO THE NOOSA PLAN 2006

Author            Planning Scheme Project Manager, Raul Weychardt
                  Environment and Sustainable Development Department

Index             ECM/Subject/ Noosa Plan Amendments

Attachments       Nil


EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the reports by the Planning Scheme Project Manager to the Planning &
Environment Committee dated 7 November 2017 and the General Committee Meeting dated 13
November 2017, and:
A.    Resolve under section 18 of the Planning Act 2016 to amend The Noosa Plan 2006 by
      introducing new provisions for Multiple Housing Type 2 Duplex and correcting minor errors
      and inconsistencies in accordance with Attachment 1 of the report by the Planning Scheme
      Project Manager dated 7 November 2017;
B.    Authorise the Chief Executive Officer to :
      1.    Forward the proposed amendments to the Minister for state interest review;
      2.    Undertake public consultation and review submissions; and
      3.    Subject to submissions not raising material issues, adopt the proposed amendments
            and place a public notice in the government gazette; and
C.    Resolve to amend The Noosa Plan 2006 under the Alignment Amendment Rules made by
      the Planning Minister under section 293 of the Planning Act 2016, as outlined in
      Attachment 2 of the report by the Planning Scheme Project Manager dated 7 November
      2017, and authorise the Chief Executive Officer to effect the amendments.



REPORT
This is a supplementary report to an earlier report presented to the Environment & Planning
Committee meeting of 7 November 2017. That report proposed amendments to The Noosa Plan
including the addition of special provisions for Multiple Housing Type 2 Duplex to facilitate a small
and second dwelling to be erected on residential sites in conjunction with a detached house. This
part of the amendments was discussed and some issues raised.

At the Committee meeting, Councillors raised:
    information about recent approvals for secondary dwellings,
    an indication of how many existing urban house sites may be suitable for the additional
      small dwelling, as proposed,
    a preference for the small dwelling to be occupied by residents rather than by short term
      visitors, in recognition of the housing need for additional small dwellings, and
    the imposition of rates to account for the additional demands on Council infrastructure and
      services as a consequence of the additional dwelling.

                                                                                       Page 3 of 64

Section 4

GENERAL COMMITTEE MEETING AGENDA                                              13 NOVEMBER 2017


Approvals for secondary dwellings
At the Environment & Planning Committee, staff advised that relative’s apartments had been
approved at approximately the rate of one per month prior to the introduction of the secondary
dwelling definition. Since then some 38 secondary dwellings have been approved over a period
of 13 months.

Existing urban house sites suitable for an additional small dwelling
Information will be provided at the General Committee meeting.

Residents occupying the small dwelling
The definition multiple housing specifies that the premises are to be occupied by permanent or
semi-permanent residents, with the occupants may share common facilities on the site. The
definition visitor accommodation includes resident guests stay protect free period of time typically
not exceeding three consecutive months.

Under the circumstances the type of multiple dwelling referred to in this report is not intended for
use by short term visitors. Councillors raised the prospect of a condition on a development permit
in regard to occupation. However, the amendments propose the land use is ‘accepted
development subject to requirements’ and is therefore assessed by the building certifier and no
development permit is issued by Council.

Imposition of particular rates on the site to offset charges that do not accrue as the site is not
divided.
Councillors noted that as the site is not divided, the property will continue to be rated as a single
lot notwithstanding that there are two dwellings situated thereon. Finance staff will further
investigate what options may be available and report to a future budget process.

Previous Council Consideration
See related report to the Planning & Environment Committee dated 7 November 2017.

Finance
The Director Corporate Services will consider whether special rating provisions should apply to
the particular type of Multiple Housing Type 2 Duplex referred to in the report.

Risks & Opportunities
See related report to the Planning & Environment Committee dated 7 November 2017.

Consultation
External Consultation - Community & Stakeholder
See related report to the Planning & Environment Committee dated 7 November 2017.

Internal Consultation
See related report to the Planning & Environment Committee dated 7 November 2017.




                                                                                       Page 4 of 64

Section 5

GENERAL COMMITTEE MEETING AGENDA                                             13 NOVEMBER 2017


Departments/Sections Consulted:

X   Chief Executive Officer       Community Services                      Corporate Services
    Executive Officer             Community Development                   Financial Services
    Executive Support             Community Facilities                    ICT
                                  Libraries & Galleries                   Procurement & Fleet
                                  Local Laws                              Property
                                  Waste & Environmental Health            Revenue Services

    Executive Services        X   Environment & Sustainable Development   Infrastructure Services
    Community Engagement          Building & Plumbing Services            Asset Management
    Customer Service              Development Assessment                  Buildings and Facilities
    Governance                    Economic Development                    Civil Operations
    People and Culture            Environmental Services                  Disaster Management
                              X   Strategic Land Use Planning             Infrastructure Planning,
                                                                          Design and Delivery




                                                                                        Page 5 of 64

Section 6

GENERAL COMMITTEE MEETING AGENDA                                                        13 NOVEMBER 2017


5                        MCU17/0054 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF
                         PREMISES - RETAIL BUSINESS TYPE 2 - SHOP, SALON & ENTERTAINMENT &
                         DINING BUSINESS TYPE 1 - FOOD & BEVERAGES AT 11 - 19 HILTON TERRACE,
                         TEWANTIN
DOCUMENT INFORM AT ION




Author                           Coordinator Planning, Patrick Murphy
                                 Environment and Sustainable Development Department

Index                            ECM/ Application/ MCU17/0054

Attachments                      1.   Design and Landscaping Plans
                                 2.   Infrastructure Agreement

         APPLICATION DETAILS

         Applicant                           Tewantin Retail P/L
         Proposal                            Development Permit for Material Change of Use of Premises -
                                             Retail Business Type 2 - Shop & Entertainment & Dining
                                             Business Type 1 - Food & Beverages
         Properly Made Date                  25 May 2017
         Information Request Date            19 June 2017
         Information Response Date           4 July 2017
         Decision Due Date                   16 November 2017
         Number of Submissions               0


         PROPERTY DETAILS

         Property Address                    11 – 19 Hilton Terrace Tewantin
         RP Description                      Lot 2 RP 152351
                                             Lot 3 RP 152351
                                             Lot 4 SP 133160
         Land Area                           3662m²
         Existing Use of Land                Mixed use retail and industrial


         STATUTORY DETAILS

         SEQRP Designation                   Urban Footprint
         Locality                            Tewantin & Doonan
         Zone                                Neighbourhood Centre
         Overlays                            Natural Hazards Overlay – Flood hazard
                                             Natural Hazards Overlay – High Potential Acid Sulfate Soils
         Assessment Type                     Code


                                                                                                Page 6 of 64

Section 7

GENERAL COMMITTEE MEETING AGENDA                                            13 NOVEMBER 2017


RECOMMENDATION
That Council note the report by the Coordinator Planning to the General Committee Meeting
dated 13 November 2017, regarding Application No. MCU17/0054 for a Development Permit for
Material Change of Use of Premises - Retail Business Type 2 - Shop & Salon and Entertainment
& Dining Business Type 1 - Food & Beverages, situated at 11 – 19 Hilton Terrace, Tewantin and:
A.   Approve the application subject to the following conditions
     1.    Development undertaken in accordance with this approval must generally comply
           with the approved plans of development. The approved plans are listed in the
           following table unless otherwise amended by these conditions.

           Plan No.         Rev.    Plan/Document Name                              Date
           DA-07.1216.2D    D       Site Plan/Floor Plan prepared by Andrew         14.06.2017
                                    McKellar Design
           DA-07.1216.3D    D       Roof plan prepared by Andrew McKellar Design    14.06.2017

           DA-07.1216.4D    D       Elevations prepared by Andrew McKellar Design   14.06.2017

           DA-07.1216.5D    D       Sections prepared by Andrew McKellar Design     June 2017

           DA-07.1216.6D    D       Sections prepared by Andrew McKellar Design     June

          Nature and Extent of Approved Use
     2.    The approved use must not operate outside the hours of:
           a.    6am to 10pm Monday to Thursday
           b.    6am to 12pm Friday and Saturday
           c.    6am to 10pm Sunday or any public holiday
           The requirements of this condition must be included in the Community Management
           Statement for any body corporate for the subject site.
     3.    The outdoor dining areas must not exceed 30m2 and 35m2 as shown on the
           approved plans and must not be used after 10pm each night.
     4.    The approved uses must not cause nuisance as a result of noise emission.
     5.    Entertainers or speakers used to amplify noise must not be located in any outdoor,
           verandah, patio, footpath or beer garden area of the premises.
           Building Appearance
     6.    Ground floor shopfront glazing along the frontages must be fully transparent to a
           minimum of 65% of the street frontage to allow passive surveillance and encourage
           social interaction, and must be provided at full height (floor to ceiling).
     7.    The external finishes of the building must include a mix of materials, variation in roof
           form and extensive eaves as shown on the Approved Plans.
     8.    All mechanical equipment and other service infrastructure located on the site must
           be:
           a.    located not less than 2 metres from a property boundary
           b.    fully enclosed or screened such that they are not visible from the street
                 frontages nor adjoining properties. Where screened by landscaping,
                 landscaping beds must be at least 1.5 metres wide.




                                                                                     Page 7 of 64

Section 8

GENERAL COMMITTEE MEETING AGENDA                                              13 NOVEMBER 2017


         Soil Contamination
   9.    As part of any Operational Works application for the site a detailed site contamination
         assessment report prepared by a suitably qualified and experienced person in
         accordance with the procedures and practices detailed in the National Environment
         Protection (Assessment of Site Contamination) Measure 1999 (NEPM) is
         required. The report must conclude:
         a.    whether the site is suitable for the proposed new use/development (with and
               without remediation and/or management);
         b.    whether any site contamination is causing, or is likely to cause, ‘environmental
               harm’ (as defined under the Environmental Management and Pollution Control
               Act 1994); and
         c.    whether any site contamination presents an occupational health and safety risk
               to workers involved in redevelopment of the site.
   10.   If the site contamination assessment report concludes that remediation and/or
         management strategies are necessary to avoid risks to human health or the
         environment, a proposed remediation and/or management plan must be submitted to
         Council prior to the commencement of building works. Any remediation or
         management plan involving soil disturbance must include a detailed soil and water
         management plan to prevent off-site transfer of potentially-contaminated soil or
         stormwater.
         NB: It is mandatory for any contaminated land investigation documents, including
         investigation reports, validation reports and draft site management plans to be
         certified by an approved auditor and must have approval from the Department of
         Environment and Heritage and Protection (DEHP). DEHP have list of approved
         auditors.
         Site Access and Driveways
   11.   A sealed access driveway must be provided from Ernest Street and Earl Street to all
         parking and manoeuvring areas of the development. The works must be undertaken
         in accordance with an Operational Works approval and must include in particular:
         a.    driveway crossovers in accordance with Council’s standard drawing RS-051
         b.    suitable safety measures, including warning signage, to improve driver
               awareness of pedestrians and enhance pedestrian safety. Warning signage
               must be provided near the driveways to warn motorists of pedestrian movement
               along the street frontages
   12.   All vehicles must enter and leave the site in a forward direction.
         Car Parking
   13.   A minimum of 38 car parking spaces must be provided and marked on the site and
         made available and accessible at all times while the use is open for business. The
         works must be undertaken in accordance with an Operational Works approval and
         must include in particular:
         a.    pedestrian routes in accordance with the approved plans
         b.    provision of vandal resistant public lighting with intensities to satisfy the
               requirements of Australian Standard AS1158: Public Lighting Code
         c.    1 disabled parking space/s within the total
         d.    dimensions, crossfalls and gradients in accordance with Australian Standard
               AS2890: Parking Facilities



                                                                                    Page 8 of 64

Section 9

GENERAL COMMITTEE MEETING AGENDA                                           13 NOVEMBER 2017


   14.   All car parking areas and access driveways must be maintained exclusively for
         vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
   15.   Directional signage must be provided to direct visitors and customers to the car
         parking spaces provided on site.
         Service Vehicles
   16.   Service vehicle parking, manoeuvring and standing spaces must be provided on the
         site. The works must be undertaken in accordance with an Operational Works
         approval and must include in particular:
         a.    regular access for a Waste Collection Vehicle
   17.   Service vehicle movements associated with the approved use (including loading and
         unloading) must not occur outside the hours of 6am to 6pm Monday to Saturday and
         not at all on Sundays or public holidays. The requirements of this condition must be
         included in the Community Management Statement for any body corporate for the
         subject site.
         Pedestrian and Bicycle Facilities
   18.   Pedestrian and bicycle facilities must be provided for the development. The works
         must be undertaken in accordance with an Operational Works approval and must
         include in particular:
         a.    Internal pedestrian footpaths in accordance with the approved plans
         b.    a total of 12 bicycle parking spaces
         c.    end of trip facilities involving 12 lockers, 1 male and female shower and change
               rooms.
         Public Safety
   19.   All ground floor shopfront glazing must be protected against vandalism by the use of
         a form of safety glass such as toughened or laminated glass.
   20.   During operating hours, all parking areas, pedestrian areas and entrances/exits to all
         stairwells, foyers and public toilets must be well lit with vandal resistant lighting and
         with intensities to satisfy the requirements of Australian Standard AS1158 “Public
         Lighting Code”. Lighting must be designed to reduce the contrast between shadows
         and well lit areas. In particular, appropriate security lighting must be provided in the
         location shown at the corridor servicing the toilets and change room.
         Electricity and Telecommunication Services
   21.   Unless otherwise stipulated by telecommunications legislation at the time of
         construction, the development must be provided with all necessary conduits, pits and
         pipes to accommodate the future connection of optic fibre technology
         telecommunications.
   22.   Certification must be submitted to Council from all relevant service providers which
         certifies that the development has met the requirements of this Decision Notice and
         all applicable legislation at the time of construction.
         Easements
   23.   Unless otherwise agreed in writing by the relevant service provider, any public or third
         party infrastructure located on the subject site must be placed within an easement
         registered against the title of the property.




                                                                                    Page 9 of 64

Section 10

GENERAL COMMITTEE MEETING AGENDA                                        13 NOVEMBER 2017


   24.   All easements must be designed in accordance with the planning scheme and
         granted at no cost to the Grantee. Where the Grantee is Council or a service
         authority, the easement documentation must be in accordance with the Grantee’s
         standard easement terms. Draft easement documentation must be submitted to
         Council for endorsement.
   25.   All works must be kept clear of any existing or proposed easements on the subject
         land, unless agreed otherwise in writing by the Grantee.
         Earthworks and Retaining Walls
   26.   All fill and associated batters must be undertaken in accordance with an Operational
         Works approval, and contained entirely within the subject site unless written
         permission from the respective landowner(s) is provided to Council.
   27.   All retaining walls must be designed and constructed in accordance with the planning
         scheme and must be certified by an RPEQ where exceeding 1.0m in height. All
         retaining walls that are publicly accessible and exceed 1.0m in height must be fitted
         with a commercial grade safety fence.
         Damage to Services and Assets
   28.   Any damage caused to existing services and assets as a result of the development
         works must be repaired at no cost to the asset owner at the following times:
         a.   where the damage would cause a hazard to pedestrian or vehicle safety,
              immediately; or
         b.   where otherwise, upon completion of the works associated with the
              development.
         Any repair work which proposes to alter the alignment or level of existing services
         and assets must first be referred to the relevant service authority for approval.
         Landscaping Works
   29.   The development site must be landscaped prior to the commencement of use. The
         works must be undertaken in accordance with an Operational Works approval and
         the Noosa Plan for that specific area and must include in particular:
         a.   the landscape areas shown on the approved Site Plan/Floor Plan prepared by
              Andrew McKellar Design dated 14.06.2017.
         b.   a minimum 2-metre-wide landscaping strip along the Ernest and Hilton road
              frontage of the subject site, exclusive of the access driveway, generally
              uncompromised by infrastructure items.
         c.   Any retaining walls must be setback from the front boundaries as shown on the
              Approved Plans and screened with landscaping. Landscaping plans must
              clearly show any retaining structure and adequately demonstrate how these
              structures will be permanently screened with native vegetation.
         d.   all letterboxes located inside the development or in a position which does not
              visually dominate the frontage.
         e.   details of the rendered wall finish on the Hilton terrace frontage, which can
              include stone facing or other natural looking finishes and complement the
              proposed landscaping.
         f.   sub-terrain tree planting area demonstrating at least 4m³ area of structured
              soils per tree is available for root growth and is not subject to compaction.
         g.   Provision of 100L Melaleuca quinquenervia along the frontage.



                                                                               Page 10 of 64

Section 11

GENERAL COMMITTEE MEETING AGENDA                                           13 NOVEMBER 2017


         h.    Details and depths of all landscaping soils, especially where subject to
               compaction relating to filling of the site.
         i.    Plant selection generally as shown on the landscape documentation.
         j.    Bio-basin landscape plants must include a mixture of at least five of the
               following species for planting in the bio-retention basin extended detention
               surface at a minimum density of 8 plants/m²:
               i.     Carex appressa
               ii.    Carex fascicularis
               iii.   Ficinia nodosa
               iv.    Juncus usitatis
               v.     Lomandra longifolia
               vi.    Ghania sieberiana
   30.   All landscape works must be established and maintained in accordance with the
         approved design for the life of the development, and in a manner that ensures
         healthy, sustained and vigorous plant growth. All plant material must be allowed to
         grow to full form and be refurbished when its life expectancy is reached.
   31.   All landscape works must be maintained generally in accordance with the approved
         design for the life of the development.
         Stormwater Drainage
   32.   The site must be provided with a stormwater drainage system connecting to a lawful
         point of discharge. The works must be undertaken in accordance with an Operational
         Works approval and be generally in accordance with the submitted Stormwater
         Management Plan - Revision A dated 19 April 2017, prepared by Switchback 48
         Consulting.
   33.   Stormwater runoff from the development must be disposed of on-site without causing
         scour or damage to the subject site or any adjoining property. Plans submitted for the
         Operational Works approval must include calculations in accordance with
         Queensland Urban Drainage Manual for any overland flow discharge areas to confirm
         that scour will not result from the development.
   34.   A stormwater quality treatment system must be provided for the development. The
         works must be undertaken in accordance with an Operational Works approval and
         the Bio-retention Technical Design Guidelines (Water by Design, 2012), and must
         include in particular:
          a.   stormwater quality treatment devices of a size and location of 30m2 plus 25m2
               generally in accordance with those shown in section 2 of the of the Stormwater
               Management Plan for 11-19 Hilton Terrace Tewantin by Switchback Consulting,
               dated 19 April 2017.
          b.   Bio-retention devices which:
               i.     are designed generally in accordance with the Water by Design Technical
                      Design Guidelines for bio-retention basins
               i.     are provided with a free-draining outlet from the sub-soil drainage system
               ii.    swales which are designed in accordance with the Water Sensitive Urban
                      Design Technical Design Guidelines for South East Queensland
               iii.   have batters around the entire perimeter, or where demonstrated that is
                      not feasible, have retaining structures only of the maximum size
                      recommended within the Water by Design Technical Design Guidelines
                      for bio-retention basins.


                                                                                  Page 11 of 64

Section 12

GENERAL COMMITTEE MEETING AGENDA                                          13 NOVEMBER 2017


   35.   All stormwater quality treatment devices must be maintained in accordance with the
         Water by Design (2009) - Maintaining Vegetated Stormwater Assets (Version 1). A
         copy of this document must be retained on the site together with the approved
         Operational Works drawings for the stormwater quality treatment system and a
         detailed life cycle costing of the system attached as an addendum. Records of all
         maintenance activities undertaken must be kept and made available to Council upon
         request.
   36.   Any proposed Community Management Statement required for the development
         must include the Water by Design (2009) – Maintaining Vegetated Stormwater Assets
         (Version 1) document and must include the full cost of maintaining the system in
         accordance with that document.
   37.   The applicant must submit plans for approval with the operational works application
         for the inclusion of educational signage or stencilling to be incorporated within the
         development to ensure patrons are reminded to minimise waste and place it in bins.
         Stormwater Harvesting
   38.   Operating underground stormwater harvesting tanks must be provided for the
         development. The tanks must be provided in accordance with an Operational Works
         approval and must include in particular:
         a.   a total tank capacity of a size suitable to maintain expected non-potable and
              outdoor uses for a 2 month period without rain.
         b.   a minimum catchment of 50% of the building roof area.
         c.   re-use of harvested rainwater for internal non-potable uses and outdoor uses.
   39.   Certification must be submitted to Council from a qualified person which certifies that
         the rainwater collection tank/s and associated reticulation has/have been installed in
         accordance with the requirements of this Decision Notice.
         Acid Sulfate Soils
   40.   All works must be carried out in accordance with an Acid Sulfate Soil and
         Groundwater Management Plan for the development prepared by a suitably qualified
         person and referenced in a Development Permit for Operational Works. The Acid
         Sulfate Soil and Groundwater Management Plan submitted with the application for
         Operational Works must detail:
         a.   Management necessary for the proposed filling to avoid any impacts of the
              Potential Acid Sulfate Soils identified on the site – in particular impacts related
              to compacting Acid Sulfate Soils into the groundwater table and releasing water
              contaminants.
         b.   design measures necessary to prevent any oxidation of the potential acid
              sulfate soils or transfer of acid sulfate soil leachates via dewatering of
              groundwater through underground pipe bedding material.
         c.   Any other matters necessary to prevent the oxidation of potential acid sulfate
              soils or release of Acid Sulfate Soil related water contaminants.
   41.   All waters, including stormwater runoff, groundwater seepage and leachate from acid
         sulfate soils must achieve the following quality prior to release from the site:
         a.   a pH range of 6.5-8.5 pH units
         a.   50mg/L maximum total suspended solids concentration
         b.   0.3mg/L maximum total iron concentration
         c.   0.2mg/L maximum total aluminium concentration
         d.   no visible plume at either the point of release from the site or within a waterway

                                                                                 Page 12 of 64

Section 13

GENERAL COMMITTEE MEETING AGENDA                                            13 NOVEMBER 2017


B.   Enter into an Infrastructure Agreement with the applicant that provides for the acquisition of
     part of the site, compensation for this land acquisition, frontage works being undertaken by
     Council, demolishing of the existing building and car parking in lieu of 8 on-site car parking
     spaces.


REPORT
1.   PROPOSAL
This application seeks a Development Permit for a Material Change of Use for a 955m²
convenience shopping centre at 11, 15, 17-19 Hilton Terrace, Tewantin. Twelve separate
tenancies are proposed within a single storey retail building. The tenancies will range from 60m²
to 125m² in area. All existing buildings and accesses are to be removed as part of the
application.
The locality and site plans are included below, with design and landscaping plans included as
Attachment 1.




                                    Figure 1 – Aerial of the site




                                                                                    Page 13 of 64

Section 14

GENERAL COMMITTEE MEETING AGENDA                                          13 NOVEMBER 2017




                                      Figure 2 – Aerial of the site

Two of the tenancies are proposed to be used for the purpose of Entertainment and Dining
Business Type 1 (Food and Beverage), each with an associated outdoor dining area. The
remaining tenancies are proposed to be used for the purpose of Retail Business Type 2 (Shop
and Salon).
The proposed convenience centre will be accessed from Earl and Ernest Streets. 38 car spaces
are to be provided on site and will be situated between the building and the Hilton Terrace
frontage. 8 car spaces are to be developed on Hilton Terrace.
Due to the requirement for the floor level of the building to be above the flood level a gradual
change of grade from 1.1m AHD at the Hilton Terrace frontage to 2.5m AHD within the tenancies
is required.
A mix of materials is proposed for the building including:
    DecoBlade wood grain vertical sun slats
    Laser cut aluminium screens with powder coat finish
    Colourbond trimdeck roofing with a 5 degree roof pitch
    Decowood shadowline horizontal cladding
    Horizontal fibre cement awning
    Rendered and painted block work
    Aluminium framed joinery windows
Landscaping is designed to incorporate on site stormwater treatment in bio-retention devices.
Pedestrian access ramps are located along all street frontages allowing for pedestrian access to
the tenancies in accordance with Disability Discrimination Act requirements.
Waste storage and maneuvering areas are located in the south eastern corner of the site.




                                                                                 Page 14 of 64

Section 15

GENERAL COMMITTEE MEETING AGENDA                                             13 NOVEMBER 2017


The application is before Council due to the significance of the site and the requirement for an
Infrastructure Agreement to be entered into. The Infrastructure Agreement is required as Council
is upgrading the Hilton Terrace – Ernest Street intersection and these works necessitate the
acquisition of 135m² of land from the subject site. Furthermore, the Infrastructure Agreement is
required as the frontage works which are usually part of a development approval (kerb and
channeling, pedestrian footpath, crossovers etc) and additional works specific to this site and
application (on street car-parking bays on Hilton Terrace and relocation of Telstra services) are to
be undertaken by Council at the applicant’s expense.
The following images detail the site, elevation and perspectives of the proposed development:




                                    Figure 3 – Proposed site plan




                                   Figure 4 – Proposed elevations




                                                                                     Page 15 of 64

Section 16

GENERAL COMMITTEE MEETING AGENDA                                               13 NOVEMBER 2017




                               Figure 5 – Perspective of the development


2.    SITE DETAILS
2.1. Background
Previous land use and encroachment
The most relevant history of the site relates to the existing building which is situated in the north-
eastern corner of the site at the Hilton Terrace and Ernest Street intersection. Historically the
building has been associated with a mechanical repairs workshop/service station with an
associated petrol tank situated underground in the road reserve. Approximately 22m² of the
existing building encroaches into the road reserve.
The underground petrol tank has been removed at which time BP undertook an investigation into
soil contamination within the road reserve. Due to the hardstand surface associated with subject
site no investigation was able to be undertaken within the site at the time. The investigation
identified the presence of some contamination in the soil.
Pre-lodgement meeting
The applicant and Council officers held a pre-lodgement meeting on the 12 January 2017.
Council requested that prior to lodgement of an application, a Council appointed architect and the
designer review the plans to ensure the best outcome for the site and locality given the
prominence of the site at the entrance to Tewantin.
The owner subsequently agreed to Council engaging an architect (nra-co-lab) to review the
design plans prior to lodgement and to pay Council for this cost. The peer review suggested
improvements to the overall layout and design.
The architect review included recommended improvements to the built form including the roof
form, landscaping, location of waste storage areas, pedestrian movement and bicycle parking
The applicant responded to the recommendations and the resultant design which forms the
current application has incorporated recommended design improvements.
The pre-lodgement meeting also raised issues about the site’s integration with Council’s capital
works plans for the Hilton Terrace and Ernest Street intersection.
2.2. Site Description
The site currently includes three separate titles known as 11, 15 and 17 - 19 Hilton Terrace
Tewantin.
885m² of shops are situated on 11 Hilton Terrace. A veterinary practice within a 200m² existing
timber building is situated at 15 Hilton Terrace and a caravan sales (approximately 500m²) and
boat repair workshop (approximately 360m²) are situated at 17 – 19 Hilton Terrace.


                                                                                      Page 16 of 64

Section 17

GENERAL COMMITTEE MEETING AGENDA                                             13 NOVEMBER 2017


The combined area of the three lots is 3,665m². The site is located on a prominent corner
adjoining three roads, including Hilton Terrace for 81m to the north; Earl Street to the west for
40m; and Ernest Street to the east for 40m.
The site is relatively flat and is prone to flooding by the Noosa River. The north-western corner of
the site is 1.08m AHD and the highest point of the site has a finished floor level of 2.11m AHD in
the north western corner.
Existing power poles are located within the Ernest Street and Earl Street frontages.
Telecommunications and water are available within the existing road frontages. Stormwater,
parking, and kerb and channelling along the frontages are variable at present.
2.3. Surrounding Land Uses
North: Hilton Terrace and residential properties containing a mix of dwelling types.
South: Adjoining the site to the south is the United Synergies (not for profit support agency) and
Tait Duke House, all Council owned community buildings.
East: Ernest Street and residential properties containing a mix of dwelling types.
West: Earl Street is surfaced for approximately the first 50 metres and then becomes a dirt road
which terminates at the southern boundary of the Tait Duke House site
3.   ASSESSMENT
3.1. Instruments for Statutory Assessment
The application was submitted 25 May 2017 and accordingly, is to be assessed under the
Sustainable Planning Act 2009. Under the Sustainable Planning Act 2009, the application must
be assessed against each of the following statutory planning instruments to the extent they are
relevant to the development:
   State Planning Policies;
   the South East Queensland Regional Plan;
   State Planning Regulatory Provisions;
   any Structure Plan or Master Plan in place for declared areas;
   any Preliminary Approval Overriding the Planning Scheme for the land;
   the Planning Scheme for the local government area; and
   any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policy
The State Planning Policy has been deemed by the Minister for Local Government and Planning
as appropriately reflected in the Planning Scheme and therefore does not warrant a separate
assessment.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions.




                                                                                       Page 17 of 64

Section 18

GENERAL COMMITTEE MEETING AGENDA                                             13 NOVEMBER 2017


3.3. Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
   Tewantin & Doonan Locality Code;
   Natural Hazards Overlay Code (Flooding and Acid Sulphate Soils)
   Business Uses Code;
   Landscaping Code; and
   Engineering Works Codes
Locality Provisions
The subject site is located in the Tewantin and Doonan Locality and is zoned Neighbourhood
Centre. The proposed use is identified as a consistent use within the zone and is required to
follow a code assessable application process.
The following provisions of the Tewantin and Doonan Locality Code are relevant to the
assessment of the application:
12.7.2   The overall outcomes sought for the Tewantin & Doonan Locality are the following
         a)   New uses and works are located, designed and managed to—
              i      be compatible with other uses and works;
              ii     maintain the safety of people and works;
              iii    avoid significant adverse impacts on the amenity enjoyed by users of other
                     premises including acoustic and visual qualities; and
              iv     avoid significant adverse effects on the natural environment, including native
                     habitat removal, fragmentation and attrition;
         n)   Tewantin is a vibrant riverside and lakeside urban area with a traditional town
              character and identity within a vegetated, waterfront setting;
         o)   Tewantin maintains the atmosphere of a small country town with residents
              enjoying high levels of convenience and accessibility to urban services;
         qq) For the Neighbourhood Centre Zone—
              i      Neighbourhood Centres form focal points for the local community and
                     visitors, providing shops, offices and limited higher order services to support
                     the day-to-day needs of residents and visitors; and 12-35 The Noosa Plan
                     Including amendments to 3 July 2017
              ii     Business Uses offer local employment opportunities, encourage equitable
                     access to services and are of a scale and character consistent with the
                     locality and Noosa’s retail hierarchy;
The proposed development is aligned with the relevant provisions of the Locality Code.
The proposed uses are consistent uses within the Neighbourhood Centre zone and will provide
for the day-to-day needs of the local community and also contribute to local employment. The
inclusion of two food and dining premises with associated outdoor dining area will provide for an
active and vibrant street frontage. It is noted that some of the current uses of site, caravan sales
and a boat repair workshop, are inconsistent uses within the Neighbourhood Centre Zone.
The development provides for a significant improvement of built form when compared to the
existing development on the site which is situated at a prominent gateway to Tewantin. The new
development is respectful of the character of the area through the use of mixed materials, broken
roof form and provision of significant eaves to the Earl, Hilton and Ernest frontages.




                                                                                     Page 18 of 64

Section 19

GENERAL COMMITTEE MEETING AGENDA                                                     13 NOVEMBER 2017


The timing of the development allows for the design outcome to consider the design of Council’s
planned upgrade works to the Hilton Terrace-Ernest Street intersection. The resultant outcome
provides for a development which will integrate positively with the improved pedestrian
arrangement resulting from the intersection upgrade. Users of the new development will therefore
be able to safely navigate to and within the proposed development.
Compliance with key provisions of the planning scheme is detailed in the following table.
 Planning Scheme Requirement                     Proposal                                    Complies
 Site cover
 a) 0.8:1 for the first 2,000m² of site areas;   1,227m²                                     
 plus                                            34%
 b) 0.3:1 for the balance of the site areas in
 excess of 2,000m²
 Site area = 3,662m².
 Allowable site cover =
 1,600m² + 498m² = 2,098m²
 Landscaping - minimum 10% landscaping           Proposal includes a minimum 10% of          
 area and                                        landscaping
 6m width from all other boundaries.             2.65 metre wide landscaping along           X
                                                 Hilton Terrace, 1.5 metres to Earl Street
                                                 and 4-5 – 8 metres to Ernest Street
 Roof form - 5 degree minimum pitch to           5 degree pitch to main roof                 
 main roof
 Eaves provided for 75% perimeter of             Eaves provided to 60% of the building       X
 building
 Boundary setbacks
 • Frontage - 6.0m                               Hilton Terrace > 6 metres                   
 • Other – 3.0m                                  Ernest Street > 6 metres                    
                                                 Earl Street = 1.5 metres                    X
                                                 Rear = 3.4 metres                           
 Building Height
 • in storeys - 2 storeys max                    1 storey                                    
 • in metres - 8 metres max                      6.50 metres max to finished ground          
                                                 levels, < 8 m to natural ground level.
 Carparking - 955m2 @ 1 space per 20m²           38 spaces on site and 8 on-road spaces      X
 (47.75 spaces)                                  on Hilton Terrace = 46 spaces
 Bicycle Parking – 1 per 50m²of Gross Floor      Proposal requires 12 bicycle spaces, 6      X
 Area for commercial & restaurant and 1 per      lockers and 1 shower for the use areas.
 50m² for shops.                                 8 bicycle spaces, 12 lockers, a shower
                                                 and a change room are provided

The pertinent issues arising out of the above table and the assessment against the codes are
discussed below:
Built form - Eaves
The building design incorporates wide awnings along the front of the building and includes large
outdoor dining areas in front of the tenancies along the northeast and southwest portion of the
building facing the street. These features compliment the character of the surrounding area and
provide for casual outdoor dining and meeting opportunities. The reduced extent of eaves is
associated with the southern elevation and is due to the sewer located along this boundary and is
acceptable.


                                                                                             Page 19 of 64

Section 20

GENERAL COMMITTEE MEETING AGENDA                                             13 NOVEMBER 2017


Setbacks
Specific Outcome 5 of the Tewantin and Doonan Locality Code states:
Buildings and other structures are appropriately designed and sited to—
a)   provide amenity for users of the premises as well as preserve the visual and acoustic privacy
     of adjoining and nearby land uses;
b)   preserve any existing vegetation that will buffer the proposed building from adjoining uses;
c)   allow for landscaping to be provided between buildings; and
d)   maintain the visual continuity and pattern of buildings and landscape elements within the
     street; and
e)   help protect the natural character and visual amenity of the Noosa River system and other
     watercourses and lakes
The proposed development complies with the setback requirements to all boundaries except for
the Earl Street frontage, proposing a 1.5 metre setback where a 3.0 metre setback is required.
Whilst a 1.5 metre variation is proposed the built form is substantially setback from the Earl
Street – Hilton Terrace corner of the property which therefore limits the impact of the setback on
the public domain. The works related to the setback extend approximately 50% of the boundary
length. The western wall of the development adjacent to the Earl Street frontage maintains visual
interest associated with the mixed materials, including glazing, and the outdoor dining area which
has a lightweight appearance due to it having a considerable opening between the rock wall and
the roof above.
A landscaping strip is to be provided between the building and the property boundary and planted
out with native shrubs.
It is considered that the reduced setback will not detract from the amenity of the area and that the
development demonstrates compliance with Specific Outcome regarding setbacks.
Car parking
The proposed car parking arrangement results in a shortfall of 1.75 car spaces, which equates to
35m² based on the planning schemes car parking rate of 1 space per 20m2 of use area. The car
parking assessment is based on the floor areas of the proposed new tenancies as shown on the
proposal plans. When calculating the car parking requirement for Entertainment & Dining
Business Type 1 - Food & Beverages kitchen and food storage areas are excluded from the
calculation by the planning scheme. The submitted plans do not detail kitchen and food storage
areas within the restaurant tenancies, however, it is reasonable to assume that when developed
the kitchen and food storage areas of the two restaurant tenancies will accommodate for most if
not all of the 35m² area.
The plans provide for 8 bicycle parking spaces when 12 are required. This can be rectified by a
condition requiring the provision of 12 bicycle parking spaces.
Infrastructure Agreement
Prior to the submission of the application Council’s Infrastructure Planning, Design & Delivery
team were designing a proposal to upgrade the Hilton Terrace-Ernest Street intersection to
improve the road network. The proposed intersection upgrade works require the resumption of
135m2 of the subject site.
To address the proposed land acquisition, the applicant proposed that an Infrastructure
Agreement be entered into to provide clarity and certainty for both parties around the land
acquisition, timing of road infrastructure works and demolishing the building which encroaches
partly into the road reserve. The Infrastructure Agreement would also acknowledge that 8 of the
development’s required car parking spaces, lost due to the land acquisition, would be provided in
the road reserve to the site’s frontage.


                                                                                     Page 20 of 64

Section 21

GENERAL COMMITTEE MEETING AGENDA                                              13 NOVEMBER 2017


Accordingly, an Infrastructure Agreement has been prepared and executed by the landowners. A
copy of this agreement is contained in Attachment 2 to this report.
The agreement details that:
    The applicant has requested that in conjunction with Council’s upgrade of the Hilton
      Terrace-Ernest Street intersection, Council carry out the upgrading works to the frontage of
      Hilton Terrace, Ernest Street and Earl Street.
    135m2 of Lot 4 on SP 133160 is required to allow for road widening and the construction of
      a roundabout.
    The 135m2 of land comes to Council on settlement being 90 days of the commencement of
      the Infrastructure Agreement.
    The compensation to be paid to the land owner for the acquisition of 135m2 of Lot 4
      SP 133160 is $217,800 and is based on land valuations.
    The owner will demolish the building which encroaches on the road reserve at their cost.
    Council will carry out the external frontage works, including car parking spaces in the Hilton
      Terrace frontage, for the development in-lieu of making the full compensation payments.
    The estimated cost of the external works is $146,492.10.
    Therefore, the total compensation payable to the owner in real terms is $71,307.90.
    The intention of all parties is for the roadworks, frontage works and the development works
      pursuant to a development approval be carried out together.
    It is intended for the roadworks and the frontage works be completed within 18 months of
      the final execution of the agreement and before the commencement of the use approved
      by a development approval.
    The car parking spaces in the Hilton Terrace frontage constructed by Council will be in lieu
      of 8 required on-site car parking spaces for the development which were “lost” due to the
      acquisition.
Other issues
As noted earlier in the report, the previous use of 17 – 19 Hilton Terrace for a service station has
resulted in investigations into contaminants within the soil in the road reserve. As no investigation
has been undertaken in relation on 17 – 19 Hilton Terrace, it is recommended that a condition be
included requiring investigative works and appropriate disposal of any contaminated soil from
within the subject site.


4.    CONSULTATION
4.1. Referral Agencies
No referrals were required for this application.
4.2. Other Referrals
The application was forwarded to the following internal Council officers:
    Infrastructure Services
    Development Engineering
    Environment Officers – landscaping and stormwater




                                                                                     Page 21 of 64

Section 22

GENERAL COMMITTEE MEETING AGENDA                                                  13 NOVEMBER 2017


5.     CONCLUSION & REASONS FOR DECISION
The proposed uses are consistent within the zone and generally comply with the relevant
provisions within the Noosa Plan. Council’s proposed upgrade of the Hilton Terrace-Ernest Street
intersection, the encroachment of an existing building within the road reserve and frontage works
required as part of the development are proposed to be managed by an Infrastructure
Agreement. The proposed development will present positively at a significant entrance point to
Tewantin.


Departments/Sections Consulted:

     Chief Executive Officer       Community Services                          Corporate Services
     Executive Officer             Community Development                       Financial Services
     Executive Support             Community Facilities                        ICT
                                   Libraries & Galleries                       Procurement & Fleet
                                   Local Laws                              X   Property
                               X   Waste & Environmental Health                Revenue Services

     Executive Services        X   Environment & Sustainable Development       Infrastructure Services
     Community Engagement          Building & Plumbing Services                Asset Management
     Customer Service          X   Development Assessment                      Buildings and Facilities
     Governance                    Economic Development                        Civil Operations
     People and Culture            Environmental Services                      Disaster Management
                                   Strategic Land Use Planning             X   Infrastructure Planning,
                                                                               Design and Delivery




                                                                                            Page 22 of 64

Section 23

Page 23 of 64

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                     1         1                              J                       HILTON                                                                                                                                 et
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                                     4                                                                                                                                                                   -
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                                         =                                                                                                                                                                    —     4                 ‘
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  B                        &          ~                       OS              :            ,                                                 11-19 HILTON TERRACE                                                 |       A\>      |
                                  floorplan                  SD           ceca eee                        i:                                 vewantn                        ne ne                           Peed            )
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        .                                       Ne                  ‘   v                                                                                                                                        t                     2

Section 24

Page 24 of 64

[ne ate [amencinecie; =                                                                                                                                                        .
                      a0an 17 Changes 1 carparking & loading bay                                                                                                              <—__— =
                  ine ————                                                                     Te                                                                      rd
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                           to    roadworks                                                              i                                                                        \
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 B                0 2000 5000    10000          20000                                                                                                                   3662SQM_   |
3                            ener                                ai design                                              ear Lm                                           ls              [og
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                             oor pan                             ——_                                                                              ie             [a0 ee

Section 25

Page 25 of 64

no. date  amendments
                        A |80Jan 17| Changes to carparking & loading bay
                          B_ |4 April 17| Changes to Rooflines & Carpark
                         © |21 Jun 17| Council RFI. Sections. Carpark amendments:
                          D_ | 14 Jun 17| Site plan/Carpark amendments due
                                 to proposed roadworks

                                                    DecaWond Shadowiine clang      sonra         mere                  out canner                        ae ae                           — --y
                                                                                                                       powedarcoat finish                  3                             Ff
                         earnest {2                        = Se hae                            J TTT] __         fb      _ Sea eee                                             —
                         street c<2cags 224                  TTA reread                            ||               ermal      IT ee                  een TTT) |)
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                                   Fe          OE             TS   einige —       aim  tained py —    --               nama                 OO             Fee
                                                     feature stone over                                                Yone-plinth                           feature signe over
                                                     Eco-stone or similar                                               gal rhs beam                          Eoo-stone or similar
                                                                                                 north elevation
                                                                                                 to hilton terrace

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                                 A                                                                                                                   Be OE         EEE                                  er
                                                                         ‘natural ground line                      <———— aiiminium tramed joinery        Tendered & painted blockwork
                                                                                         south elevation
                                                                                         boundary fence omitted for clarity

                                                                                                                                                 horizontal fibrecement
                                     DecoWood Shadowline cladding                                                                                awning                               DeooWood Shadowliine cladding
                                    am                     ‘                  =                                                                   —_—                                 seca
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                                                                              wnat $ Toca                                                        silicon jointed                      aluminium framed joinery
                                                                                                                                                 commas cies                          rendered conc block bass
                                                    east elevation                                                                                   west elevation
                                                   to earnest street                                                                                 to earl street
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NO                      0 2000 5000     10000          20000
 o                         L_]           Ld                                            =            Client                       Location                   Drawing               Scale
 °                      scale                                            a     design                  TEWANTIN RETAIL PTY LTD                                      ELEVATIONS | 1:200 @ a2
 ©                                                                        GErad uckelint deele      aon                             11-19 HILTON TERRACE
                                                                                                     ro)                                                    Drawing no.           Page      Date

Section 26

Page 26 of 64

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Section 27

ATTACHMENT 2




   Page 27 of 64

ATTACHMENT 2

                    NOOSA COUNCIL

              TEWANTIN RETAIL PTY LTD

     INFRASTRUCTURE DEED IN RESPECT OF THE ROAD WIDENING AND
CONSTRUCTION WORKS AT HILTON TERRACE AND ERNEST STREET TEWANTIN
ASSOCIATED WITH A DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE

                           Page 1 of 21

                                                       Page 27 of 64

Section 28

Page 28 of 64

CONTENTS
  RECITALS-----------~---------------n-20nnnn annem nena ennnnnnnnnnnnnnnnnnnnnnnnnnnnnnnmnnacnmmanananaaannnmacnasnamnmnnncnnnn A
  IT IS AGREED--------------------~-----------------------------00-0nnnnn nnn n nn nn nnn nnn nn nnn nnnn nnn nnnnnnnennnnnnnnncennannnnennne 5
  1       ETE RPE RTO bn cessor          erence nemmemnnenmmmmanemns
  Lit    Nature of Deed ----------------------------------------~----~------------n---n- nnn neon nnn nena nnn nn nnn nnn nnnnn 5
  1.3    Interpretation----------------------------~-----------------------0--0n nena nnn nn nnn nnn nnn nnn nnn nn nnn nnn nnn 5
  1.4    Definitions ------------------------------------------------------- 22-0 nnn nnn nnnnnnn annem nnn nnn nnn G
  1.5    Other Expressions -------------------------------------------------- 22-22 ----- 22 nnn nnn nn nnn nnn mene nnn nnn naan
 2.1   = Application of Act -----------------------------------------------~------------+------- 222-20 nnn nnn nnnnnnnn nnn
 2.2     Deed to bind successors in title--------------------------------------------------------------------------=--8
 2.3     Conditional upon approval of Development Application ----------------------------------------------8
 2.4     Infrastructure Deed Terminates --------------------------------------------------------+-------------------8
 2.5     Infrastructure Agreement overrides Development Permit. ------------------------------------------8
 4       PAYMENT: OF COMPENSATION. ..cscsssscetsscsssosssscsssvicssvesssvscctsssscsssescssssessasssssasissessvsssesnssssavesene
 4.1     Satisfaction of Valuation Amount -------------------------------------------------------- 222-20 ----------=-8
 4.2     Plan of Survey -----------------------------------------------------n0nnnn nn nn nena nnn nn nnn n nnn enn ne nnn n nnn
 4.3     Settlement----------------------------------------------- 22-02 2---------- nnn nnn nnn nen nnn nnn nnn Q
 4.4 — Timing of Roadworks ---------------------------------------------------- 2-22 -nn nnn nn anna ence nnn nn enna nnn
 4.5     Completion of Roadworks --------------------------------------------------------- 2 nnn nnn nnnnnnn naan naan 9

 5.1     Demolition of Building ---------------------------------------------------------------+---------------------=--9
 6       DEVELOPMENT APPLICATION. ........ssssscssssovessrosscessscesessnsssecsscsescscecsscessssceesesssecsssessessessnsessesD
 6.1     Parking Provision ------------------------------------------------------------- 22-2 nnn nn nn nnn nnn nnn nnn
 6.2     Notice of Commencement of Use ------------------------------------------------------------------------ 10
7.       CONTINGENCY COSTS .......csccssssscssescrssssssccsscsccssessssssessseesessescesssersesssesssessssasssssesssseesersesees LO
 8       RELOCATION OF SERVICES vccsssscscssssvsccsscessecesocscnessscousyesosasenssssessessssessessevsenissssassarssesaseeeeres LO
 8.1     Acknowledgement ------------------------------------- 2-9 --- nnn nnn nn nnn ener nnn nn nnn nen nn enna a----- 10
 8.2     Payment for Telstra Works -----------------------------~---------------------200-2ne2-nn----------2------- 10
 8.3     Other Services ------------------------------------------------------------- 22-2 nnn nnnnnnn nnn enn nnnnennnenen-= 10

 9.1     Provision of Bank Guarantees ----------------------------------------------------------------------------- 10
 10      RELEASE. AND INDEMNITY scsessssssssessosssassensocsndsssanssnssevesassescsacsicccccssesssaconesssssvasssevesessvesseneee kl
 11      GOODS AND SERVICES TAX .....cscesssesssssesscecseccensecsssnessecsscssssccescacesssossnesssssessasessssessssesessesere LL
 11.1    Interpretation------------------------------------------------------------------------------------------------- 11
 11.2   Consideration GST inclusive ------------------------------------------------------------------------------- 11
 12     NOVATION OF DEED UPON SALE ..........sssssesscessscrsssseessoessrssseasscsessccsvessccseseccescnsassecasseeseesseese LL

                                               Page 2 of 21

                                                                                             Page 28 of 64

Section 29

Page 29 of 64

12.1   Sale of the Subject Site ------------------------------------------------------------ 2-0 -0----nnnnnnennneee== 11
 12.2.  Applicant to remain liable ----------------------------------------------~--------------0---0--------n----=- 1]
 12.3.  Release from Liability --------------------------------------------------------------------------------------- 11

14.1    Payment of costs -----------------~-------------------- 2-22-99 2a naan nnn nnn nnn ten enn nnn nnn nennnne= 12
14.2 — TiM@-----------~-------------- nnn n nnn nnn nnn nnn nnn nnn nnn nnn nena enn nn enn nn nnn nnnnnnnennennenne 12
14.3.   Waiver-------------------------------------------------- 222-22 2n0 ne nnn nn nnn nnn nnn nnn nn nnn nnn nn nn enenennenene= 12
14.4    Laches and delay ---------------------------------~-------------------------- 2-02 ---2-n nnn nnn nn enna nnn nne nee 12
14.5    Se VeranCe---~--~--------~------------ennn nnn nnn nnn nnn nnn nnn nnn nnn nee nanan nnnnnnennnnnnnnnnnnnane 13
14.6    Warranty of authority--------------------------------------------------------------------------------------- 13
14.7.   Further assurances ----------------------------~------------- 2-207-002-2202 nn nnn nn nnnnn nner nnnn nn nnnnenneen= 13
14.8    Force Majeure ------------------~---------------------9- 2200-02-00 22a 2 nnn nnn nnn nn enna nnn nnnnennnnnnnne= 13
14.9    Amendment of deed ------------------------------------ 2-2 --2n nn nanan nnn nn nme nnn n nn nnn enn nn nnn en nnenenen= 13
SCHEDULE 1 - Deed Details --------------------------------------------------------2--000nnnnenennnnnnnnnnnnnnnnnnnnnnnnnnnns 14
SCHEDULE 2A - Plan Showing Acquired Land.........s..ssscsscsssscesecseesscssssscccscsssenssccssessescsssseesssessssesessee LD
SCHEDULE 2B - Plan of Council Roadworks and Frontage WOrkKS......ccccccscssssssesssssscesssseecsessesessesesssees LO
SCHEDULE 3 - Frontage Works Costings .........ssssscocsssssssosscrccesssecesssscccccccessesscsscesersesssessssscssssseessceseses LZ
EXECUTED AS A DEED --------~---------~---~-----------a0-- nnn nnnnnnn nnn nnnn anna nnn enn nnn nnnnnn anna nnnnnannnnnnnnnnnnnnnn 2)

                                             Page 3 of 21

                                                                                             Page 29 of 64

Section 30

Page 30 of 64

THIS DEED is made on the date stated in item 1.

 BETWEEN       The Council
 AND            the Applicant
 AND            Mortgagee 1
 AND            Mortgagee 2

 RECITALS

A       The Applicant is the owner of the Subject Site.
B       Mortgagee 1 is the mortgagee under Mortgage Number 717895184 as tenant in common for
        a 9221/10000 share and the mortgagee under Mortgage Number 717895206 registered
        against the Subject Site.
C       Mortgagee 2 is the mortgagee under Mortgage Number 717895184 as tenant in comment for
        a 779/10000 share.
D       The Applicant has lodged the Development Application.
E       The Council intends to carry out certain roadworks at Hilton Terrace and Ernest Street in
        Tewantin (“the Council Roadworks”) which will include road widening of approximately
        135mz2 over the Subject Site as shown on the drawing in Schedule 2A hereto ("the Acquired
        Land").
G       The Applicant has agreed to dedicate the Acquired Land as road.
H       The Applicant has requested that in conjunction with the Council Roadworks, the Council carry
        out upgrading works to the frontage of Hilton Terrace, Ernest Street and Earl Street (“the
        Frontage Works”).
|      The Council Roadworks and the Frontage Works are shown on the drawing in Schedule 2B
        hereto

J      The Frontage works, the cost of which is estimated at $146,492.10 are more particularly
       described in Schedule 3 hereto.

H      The Applicant and the Council agree that the value of the Acquired Land is $217,800 (“the
       Valuation Amount”).
I      The Applicant and Mortgagee 1 and Mortgagee 2 are "affected persons" under Part 3 of the
       Acquisition of Land Act 1967 as amended.

                                            4 of 21

                                                                                     Page 30 of 64

Section 31

Page 31 of 64

IT IS AGREED

a       INTERPRETATION

1.1     Nature of Deed

        This Deed may be referred to in accordance with Item 2.
1.2     Commencement
        This Deed commences on the Commencement Date.

13      Interpretation
        (a)    In this Deed, unless a contrary intention appears, reference to:
              (i)      a clause is to a clause in this Deed; and
              (ii)     the singular includes the plural and vice versa; and
              (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 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 Deed includes the Deed as varied or replaced and is not
                       affected by any change in the identity of the parties; and
               (viii) | aday is to a Calendar Day.
       (b)     The clause headings appearing in this Deed are inserted for convenience of reference
               and do not affect the construction of the Deed.
       (c)     If any words are italicised or otherwise printed differently, this has been done for
               convenience only and does not affect the construction of this Deed.
       (d)     Whenever more persons than one constitute a party all the covenants, deeds,
               conditions, restrictions and provisos on the part of that party contained or implied in
               this Deed bind those persons jointly and each of them severally.
       (e)     This Deed 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

                                             5 of 21

                                                                                         Page 31 of 64

Section 32

Page 32 of 64

to hear appeals from them, and waive any right to object to proceedings being
                brought in those courts.
       (f)     Nothing contained in this Deed affects, prejudices or derogates from the
               requirements of any statute or from the rights, powers and authorities of the Council
               under the provision of any statute or under any declared policy of the Council.
        (g)    An inclusive definition, or an example or particularization of a provision, does not limit
               but may extend that definition or provision.
        (h)    Where a word or expression is defined, other parts of speech and grammatical forms
               of that word or expression have a corresponding definition.
       (i)     All schedules to this Deed form part of this Deed and a reference to an item is a
               reference to an item in Schedule 1.
       (j)     Terms used in the Special Conditions which are not otherwise defined in Clause 1.4
               (Definitions) shall have the meanings assigned to them in the Council’s Planning
               Scheme.

1.4     Definitions

        In this Deed:

       “Act” means the Planning Act 2016.
       “Appeal” refers to an appeal made under chapter 7 of the Repealed Act.
       “Applicant” means the person described in and having its principal place of business 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; and
       (b)     executors, administrators and permitted assigns in the case of a natural person.
       “Calendar Day” means the period from one midnight to the following one.
       “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.
       “Commencement Date” means the date when this Deed commences being the date when
       the last party executes this Deed.
       “Council” means the Local Government described in Item 3 and its predecessors, successors,
       transferees and assigns.
       “Development” has the meaning given in the Act or the Repealed Act as may apply.
       “Development Application” has the meaning given in the Repealed Act and refers to the
       Development Application identified in item 7.
       “Development Permit” has the meaning given in the Repealed Act as it applies to the
       Development Application and is identified in item 8.

                                             6 of 21

                                                                                         Page 32 of 64

Section 33

Page 33 of 64

“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
 (c)    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.

“Local Government” has the meaning given in the Local Government Act 2009.
“Local Government Area” has the meaning given in the Local Government Act 2009.
“Lot” has the meaning given in the Act.
"Mortgagee 1" means the person described in and having its principal place of business at the
place described in Item 5.1 of Schedule 1 and includes its successors and permitted assigns.
"Mortgagee 2" means the person described in and having its principal place of business at the
place described in Item 5.2 of Schedule 1 and includes its successors and permitted assigns.
“Notice” means any certificate, demand or notice to be made, given or served by a party under
this Deed.

“Owner” has the meaning given in the Act.
“Planning Scheme” means the planning scheme (The 2006 Noosa Plan as amended) of the
Council applicable for the subject site.
“Public Office” has the meaning given in the Local Government Act 2009.
“Purchaser” means the purchaser of the Subject Site from the Owner.
"Repealed Act" means the repealed Sustainable Planning Act 2009.
“road” is as defined under Section 59(2) of the Local Government Act 2009 as amended.
“Sell” includes transfer, dispose of and alienate and “Sale” has the corresponding meaning.
“Settlement Date” means the date identified in Item 9

“Subject Site” means the land described in Item 6 and includes:
(a)     any interest or estate 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

                                     7 of 21

                                                                                     Page 33 of 64

Section 34

Page 34 of 64

(e)    any estate or interest created in respect of any of the above matters
         “Use” has the meaning given in the Act.
 1.5     Other Expressions
         If a term is not defined in this Deed it shall unless the context otherwise requires, have the
         meaning given to it by:
        (a)       the Act; or
        (b)       the Macquarie Dictionary in the absence of a definition in the Act.
 2      INFRASTRUCTURE DEED

 2.1    Application of Act
        This Deed is intended to constitute an infrastructure agreement under the Act.
 2.2    Deed to bind successors in title

        The Applicant as Owner consents to the obligations of the Applicant under this Deed being
        attached to the Subject Site and binding on the Applicant and the Applicant’s successors in
        title in accordance with Section 155 of the Act.

 2.3    Conditional upon approval of Development Application
        This Deed is conditional upon the Development Permit taking effect in accordance with
        Section 339 of the Repealed Act.
2.4     Infrastructure Deed Terminates
        If the Development Permit does not take effect in accordance with Section 339 of the
        Repealed Act, within 60 calendar days of the Commencement Date or if the decision notice
        approving the Development Application is appealed, this Deed will automatically cease and
        determine.

25      Infrastructure Agreement overrides Development Permit.
        This Deed prevails to the extent of any inconsistency with the Development Permit.
4       PAYMENT OF COMPENSATION

4.1     Satisfaction of Valuation Amount

        The Applicant and the Council agree that subject to any subsequent adjustments pursuant to
        clauses 7 and 8, payment of the valuation amount by the Council is to be satisfied as follows:
        (a)    Construction by the Council of the Frontage Works.
        (b)    Payment to the Applicant of the sum of $71,307.90 (the balance compensation
               amount).

                                             8 of 21

                                                                                        Page 34 of 64

Section 35

Page 35 of 64

4.2     Plan of Survey
        The Council shall forthwith prepare a Plan of Survey of the Acquired Land and forward such
        plan to the Applicant within 30 calendars days of the Commencement Date.
4.3     Settlement

        Settlement shall take place on the Settlement Date. The balance compensation amount shall
        be paid by the Council to the Applicant on the Settlement Date in exchange for:
        (a)    Vacant possession of the Acquired Land.
        (b)    The duly executed Plan of Survey capable of immediate registration in the appropriate
               office free from encumbrances, together with any necessary document (including
               Release of Mortgages 717895184 and 717895206) to allow registration of the
               Acquired Land as road.
        (c)    Production of any instrument of title required for registration of the Acquired Land.
        (d)    The bank guarantees required pursuant to Clause 9.
4.4     Timing of Roadworks
        The Applicant and the Council acknowledge that it is the intention of the parties that the
        Council Roadworks will be carried out contemporaneously with the Frontage Works and the
        Applicant's development works pursuant to the Development Permit.
4.5     Completion of Roadworks
        The parties acknowledge that it is intended that Council will complete all road works (including
        the Frontage Works) within     18 months of the Commencement Date and before
        commencement of the use approved by the Development Permit. However, the Applicant
        acknowledges and agrees that it shall have no right of action against the Council for damage
        or loss occasioned to it as a result of delay by the Council in completing the road works.
5       APPLICANT'S WORKS

Del.    Demolition of Building
       The Applicant shall demolish the structures currently located on the Acquired Land with all
        building materials, including all concrete slabs and foundations associated with the structures
        removed and the area suitably graded to a free drainage state prior to settlement.

6       DEVELOPMENT APPLICATION

6.1     Parking Provision
       The Council Roadworks include the provision of on-street parking bays at the Hilton Terrace
       frontage to the Subject Site which the Council agrees replace 8 car parking spaces which would
       otherwise be required as a condition of approval of the Development Application.

                                             9 of 21

                                                                                        Page 35 of 64

Section 36

Page 36 of 64

6.2    Notice of Commencement of Use

         The Applicant shall provide the Council with 90 calendars days notice prior to commencing the
         use approved by the Development Permit to ensure that the Council is able to take
         appropriate measures with respect to traffic control as may be required.

 %       CONTINGENCY COSTS

         The Applicant and the Council agree that in the event that the cost of the Frontage Works
         exceeds the sum of $146,492.10, the Applicant shall be responsible for such excess up to an
         amount of $17,106.79.

 8       RELOCATION OF SERVICES

 8.1     Acknowledgement
         The parties acknowledge that the Frontage Works do not include an amount for the cost of
         relocation of or modification to existing Telstra services as shown on the drawing in Schedule
         2B hereto.

 8.2     Payment for Telstra Works
         It is agreed that such works are in addition to the Frontage Works in Schedule 3 and shall be
         undertaken by the Council but shall be paid for by the Applicant.
 8.3.    Other Services

         The Council shall meet the cost of relocation of other services as part of the Council
         Roadworks.

9.       BONDS
 9.1     Provision of Bank Guarantees

        The Applicant shall provide the following Bank Guarantees to the Council on settlement:
        (a)     A Bank Guarantee for the amount of $17,106.79 in respect of the Frontage Works to
                secure to the Council the obligation of the Applicant under clause 7.
        (b)     A Bank Guarantee for the amount of $50,000 in respect of the Telstra Works to secure
                to the Council the obligation of the Applicant under clause 8.2.
                Such Bank Guarantees to provide for payment by the bank of the amount or any part
                or parts of the amount to the Council upon the bank receiving an unconditional
                written demand from the Council accompanied by the Bank Guarantee, without
                reference to the Applicant and despite any notice given to the bank by the Applicant
                not to pay the Council any amount payable under the Guarantee and without any
                obligation on the bank to enquire as to the performance or non-performance of the
                provisions of this Deed by the Applicant or the correctness or validity of any demand
                made by the Council pursuant to the Bank Guarantee.

                                             10 of 21

                                                                                        Page 36 of 64

Section 37

Page 37 of 64

10     RELEASE AND INDEMNITY

        The Applicant and Mortgagee 1 and Mortgagee 2 agree that the consideration provided by
        the Council pursuant to this Deed is in full satisfaction of any entitlement to compensation to
        them or any of them under the Acquisition of Land Act 1967 or Local Government Act 2009
        with respect to the taking by the Council of the Acquired Land and wholly release and
        indemnify the Council in respect of any such claim to compensation and furthermore agree
        that this Deed may be pleaded as an absolute bar to any such claim.
 11     GOODS AND SERVICES TAX

 11.1   Interpretation
        In this clause:
        (a)       "GST" means the goods and services tax under the GST Act.
        (b)      "GST Act" means A New Tax System (Goods and Services Tax) Act and includes other
                 GST related legislation.
 11.2   Consideration GST inclusive

        All amounts or other sums payable or consideration to be provided under this Deed are
        inclusive of GST and the recipient of the supply is not required to pay any additional amount
        to the supplier.
12      NOVATION OF DEED UPON SALE

12.1    Sale of the Subject Site
        The Applicant must not sell or transfer the Subject Site prior to the performance and fulfilment
        of its obligations under this Deed or any of them except subject to the condition that the
        purchaser (in this clause called “the Purchaser”) shall enter into a deed of novation of this
        Deed or a replacement deed with the Council, whereby the Purchaser becomes contractually
        bound to the Council to perform and comply with the conditions of this Deed, or such of them
        as remain unperformed or unfulfilled by the Applicant at the time of such sale.
12.2    Applicant to remain liable
        In the event that the Applicant sells or transfers the Subject Site otherwise than in compliance
       with Clause 12.1 the Applicant must perform and fulfil the conditions of this Deed at such time
       or times as the Council stipulates, even if the time or times otherwise appointed for such
        performance and fulfilment have not then arrived.
12.3    Release from Liability
       In the event that the Purchaser enters into a deed of novation or such further deed or
       agreement which contractually obliges the Purchaser to the Council to perform the conditions
       of this Agreement, the Applicant shall be forever released from any further liability pursuant
       to this Agreement or any further liability pursuant to this Deed or otherwise arising from its

                                            11 of 21

                                                                                      Page 37 of 64

Section 38

Page 38 of 64

subject matter and the provisions of this clause may be pleaded as a bar to any proceedings
         brought by the Council.
 13      SERVICE
         All notices given under this Agreement:
         (a)    may be signed by an authorised officer of the party giving the notice;
         (b)    must be in writing;
         (c)    may be given by being delivered, sent by facsimile transmission, sent by email, or sent
                by prepaid post to the address for service of the party to whom the notice is
                addressed;
         (d)    if sent by mail, are deemed to be given on the third day after mailing, and if sent by
                facsimile or email, are deemed to be given on the day after they are dispatched;
        (e)     The address for service of each party is specified in Schedule 1.
 14      MISCELLANEOUS
 14.1    Payment of costs
        Each party shall pay its own costs of and incidental to the preparation and execution of this
        Deed but the Council shall pay the cost of :
        (a)     Preparation of the Plan of Survey referred to in Clause 4.2.
        (b)     Any stamp duty payable on this Deed.
        (c)     Preparation of any documents or declarations necessary to effect registration of the
                Plan of Survey in the Department of Natural Resources & Mines and dedication of the
                Acquired Land as road.
14.2.   Time
        Time is, in all cases, of the essence.
14.3.   Waiver
        No waiver by the Council of any breach by the Owner of any of the provisions of this Deed
        shall be implied against the Council or be otherwise effective unless it is in writing under the
        hand of the relevant Chief Executive Officer.
14.4    Laches and delay
        No laches or delay by the Council at any time or times in enforcing any of its rights, powers
        and the like under this Deed prejudice or affect those rights or powers.

                                             12 of 21

                                                                                          Page 38 of 64

Section 39

Page 39 of 64

14.5   Severance

         If any provision of this Deed cannot be given effect or full force and effect by reason of
        statutory invalidity that provision shall be served or read down but so as to maintain and
        uphold so far as possible the remaining provisions of this Deed.
 14.6   Warranty of authority
        Any person signing this Deed:
        (a)     as attorney 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 persons; and
        (b)     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 Deed in
                that capacity.
14.7.   Further assurances

        Each party agrees at its cost to do everything reasonably necessary to give effect to this deed.
14.8    Force Majeure
        (a)     If a party is unable by reason of an event of Force Majeure to carry out its obligations
                under this Deed, 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.
        (b)     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.

        (c)    Where the obligations of the Council are dependent upon the occurrence of specified
               circumstances, then the Council 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 Council’s Control.
14.9    Amendment of deed

        (a)    Despite any provision of this Deed, the parties may at any time agree to vary the terms
               of this Deed
        (b)    No modification, variation or amendment of this Deed is of any force or effect unless:
               (i)   itis in the form of an amendment Deed and has been signed by the parties; and
               (ii) | where relevant the amendment Deed complies with the requirements of the
                     Act.

                                             13 of 21

                                                                                            Page 39 of 64

Section 40

Page 40 of 64

SCHEDULE 1 - Deed Details

 ITEM 1    Date                  Commencement Date in accordance with Clause 1.4 - Definitions
 ITEM 2     Name of Deed         Infrastructure Deed in respect of the road widening and
                                 construction works at Hilton Terrace, Ernest and Earl Streets
                                 Tewantin associated with a Development Permit for Material
                                 Change of Use.
 ITEM 3     Council              Noosa Shire Council
                                 9 Pelican Street, Tewantin in the State of Queensland
                                 PO Box 141, Tewantin QLD 4565
 ITEM 4    Applicant             Tewantin Retail Pty Ltd ACN 611 453 331
                                 Suit 301, 685 Burke Road, Camberwell VIC 3124
ITEM5.1     Mortgagee 1          Equity-One Mortgage Fund Limited ACN 106 720 941
                                 Level 13, 256 Queen Street, Melbourne VIC 3000
ITEM5.2     Mortgagee2           Burness Consulting Pty Ltd ACN 080 877 881
                                 Level 1, 110 Church Street, Hawthorn VIC 3122 __
ITEM 6     Subject Site          Lot 4 on SP133160
ITEM 7     Development           MCU 17/0054
           Application Number
ITEM 8     Development Permit   Development Permit for Material Change of Use for Retail
                                Business Type 2- Shop & Salon and Entertainment and Dining
                                Business Type 1-Food & Beverages.
ITEM 9     Settlement Date      90 calendar days from the Commencement Date.

                                        14 of 21

                                                                                     Page 40 of 64

Section 41

Page 41 of 64

'         ye       SCHEDULE 2A - Plan Showing Acquired Land
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                                       15 of 21

                                                                       Page 41 of 64

Section 42

Page 42 of 64

SCHEDULE 2B - Plan of Council Roadworks and Frontage Works
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                                          16 of 21
                                                                            Page 42 of 64

Section 43

Page 43 of 64

SCHEDULE 3 - Frontage Works Costings

      Tem                        DESCRIPTION                       a            a

                 Site establishment and disestablishment
                 including but not limited to, mandatory permits                                              On                 $5,000.00
                 and fees.

                  Provision of traffic management during
                joonatruction as approved by the Superiniendant                                      $10,000.00                $10,000.00
                 including all drawings, signs, barrens, warning
                 lights, sandbag kerbs etc

                 Stripping of topsoil and vegetation from all                                              $1.70                  $170.00
                 earthworks areas to stockpile on site for re-use.                                           .                         ’

                  Respreading of stockpiled topsoil to all                                                 $3.24                  $324.00
                 earthworks areas,                                                                                                     ’
     pO                                                                                                         88 00

                 Saw cut edge of Hilton Terrace bitumen and
                 removal of existing seal, pavement, kerb and                                                 an                 $5,035.80
                 channel and concrete invert channel including                                                .                    _——
                 refuse fees and charges.
                                                              To                                                wend
                  Removal of existing concerete pathway                                                $8,442.50                         ,
                 including refuse fees and charges.                                                      ’   .

    | a                                                       es es ee ee
                 Trim and compact road pavement subgrade to
                 300mm behind back of new kerb & chanmel to
                 new parking bays on Hilton Terrace

                 Supply, place and compact sub base (bottom
                 course) gravel - Type 2.3. Provisional
                 ‘Quantity.
     =                                                        Te                                                Ce
                 Supply, place and compact base (top course)
                 gravel - Type 2.1 Provisional Quantity.
[aaa __| 75mm thick (assumed CBR 5)                          Pome       fi                             Siemon

                 ‘Supply and install to Noosa Council Standard
                  Barrier Kerb & Channel including all materials.                                        $48.1                   $7,707.20
                 and work,

                                                                   17 of 21

                                                                                                                     Page 43 of 64

Section 44

Page 44 of 64

‘Supply and install to Noosa Council Standard
        5.2      ‘Concrete Invert Channel including all materials  m              63                     $76.00                 $4,080.4
                 and work.

                 ‘Construction of 100dia. sub surface stormwater
                 drain under Kerb including supply and laying of
                 crushed rock surround, sand, perforated pvc                                                 O0                         0
                 pipe and cleanout points complete, outlet
                 stormwater pit.
        a BP                                                So po                         So                                   " _—
    |S | Road Pavement Surfacing                              pe
                 ‘Supply, place and compact 30mm thick
                 Asphaltic

                 ‘Concrete (AC) surfacing to new carparking bays.
                 lon Hilton Terrace including preparation and
                 prime sealing under AC.
                eames    ~ —A—                                  ei pe psn                                                      _—
                 (Construction of 2.0m wide reinforced concrete

        74      Construction of 2.0m wide pedestrian pram                                             $1,178.16                         nl
                 ramps including all materials and work.
    oo                                                                                                                         tating
    | TEM                       DESCRIPTION                   punt | quantity fare | AMOUNT

                 ‘Construction of Stonmwater Drainage pipe
                 including supply, excavation, lay, sand bed and
                 backfill all pipes socketed, rubber ring jointed.
                 Provisional Quantity.
[ata _[a75 a RC. Pipes Clase 2                             Tm |                          |           saa               —_—istasinoo
                 ‘Supply and install precast concrete stormwater
                 quily pits complete including lintels, chambers,
                 all matenals and work. Provisional Quantity.

                 2.4m Lintel                                  a                                       $3,000.00] $3,000.00

                 ‘Supply and install new Class "D" stormwater
                 gully pit grates on existing stormnvwater pits.                                      $2,000.00)                $6,000.00
                 including all modifications, materials and work.

                                                                                                                8881.00

    |   9.1     Topsoll and Turt                                 a a                    ee
                                                                                                                2310.00
    P|                                                        |||
                 Removal and relocation of existing street signs                                                                $1,000.00
                 including new posts and concrete foundations.                                                                    ,   .

                                                                  18 of 21

                                                                                                                      Page 44 of 64

Section 45

Page 45 of 64

Sub Total

    Sub Total Plus 10% Contingency

                         GST

TOTAL COST OF FRONTAGE WORKS.

                                19 of 21

                                                                    Page 45 of 64

Section 46

Page 46 of 64

EXECUTED AS A DEED

This deed dated this         day of                          2017.
BETWEEN        NOOSA SHIRE COUNCIL a Local Government duly constituted under the provisions of
              the Local Government Act 2009
                                                                                (“Council”)
AND           TEWANTIN RETAIL PTY LTD ACN 611 453 331 of Suit 301, 685 Burke Road, Camberwell,
              Victoria
                                                                           (“the Applicant”)
AND           EQUITY-ONE MORTGAGE FUND LIMITED ACN 106 720 941 of Level 13, 256 Queen
              Street, Melbourne, Victoria
                                                                       (“the Mortgagee 1”)
AND           BURNESS CONSULTING PTY LTD ACN 080 877 881 of Level 1, 110 Church Street,
              Hawthorn, Victoria
                                                                       (“the Mortgagee 2”)

  SIGNED on   behalf of the NOOSA SHIRE      )
  COUNCIL by a delegated officer inthe presence )
 of:                                         yo
                                                 Signature
                  0
  Solicitor/Justice of the Peace

 EXECUTED by TEWANTIN RETAIL PTY LTD ACN     )
 611 453 331 in accordance with s.127 of the ) |  = of]             ff              pe
 Corporations Act 2001                                                       ae] Seer 321)
                                               —_   a             ee
                                                 Dirdctor/Sgcretary

                                                                     or
 EXECUTED by EQUITY-ONE MORTGAGE FUND        )            =e
 LIMITED ACN 106 720 941 in accordance with  ) ee                                       _
 s.127 of the Corporations Act 2001          )   Director
                                             )
                                             yo
                                                Director/Secretary

                                         20 of 21

                                                                                      Page 46 of 64

Section 47

Page 47 of 64

EXECUTED by BURNESS CONSULTING PTY LTD      )                           _
ACN 080 877 881 in accordance with s.127 of ) sstasacessapce isbn Nice
the Corporations Act 2001                   )  Director
                                            )
                                            a
                                              Director/Secretary

                                      21 of 21

                                                                                 Page 47 of 64

Section 48

GENERAL COMMITTEE MEETING AGENDA                                                        13 NOVEMBER 2017



6                        ASSET  MANAGEMENT          AND     DESIGN     SERVICES      TEAM     RESOURCING
                         ARRANGEMENTS
DOCUMENT INFORM AT ION




Author                            Asset Planning Manager, Bryan O’Connor and
                                  Infrastructure Planning, Design and Delivery Manager, Craig Eldridge
                                  Infrastructure Services Department

Index                             ECM / Subject / Staff Management / Organisational Structures
                                  ECM / Branch Management / Infrastructure Services

Attachments                       1.   Asset Management Organisation Structure – current & proposed
                                  2.   Infrastructure Planning, Design & Delivery Organisation Structure –
                                       current & proposed



EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Asset Planning Manager and Infrastructure Planning, Design
and Delivery Manager to the General Committee Meeting dated 13 November 2017 and approve
changes to Council’s organisational structure as detailed in the report.


REPORT
The purpose of this report is to seek Council’s approval of the following changes to the
organisation structure:

 Asset Management Branch
    One additional permanent fulltime equivalent (FTE) Technical Officer, Level 5
    The conversion of two temporary Technical Officer, Level 5 positions to permanent, and
    The redesign of the Technical Support Officer’s position from a Level 2 to a banded Level
       3 to 4.
 Infrastructure Planning, Design & Delivery Branch
    Two additional FTE contract positions for a duration of three years each – one Designer
       Capital Works and one Project Officer
    One temporary Designer Capital Works and one temporary Project Officer position to be
       made permanent
    Redesign the Technical Officer Coastal & Foreshores, Level 5 to Project Coordinator
       Flooding, Coastal & Foreshores, Level 6

1.                       Asset Management
With the ongoing development of Council’s 5 year Capital Works Program to a 10 year Capital
Works Program and the continued implementation of the Asset Management Roadmap, along
with the team’s business as usual activities, a need has been identified to increase the current
resources delivering these functions for Council. The current resourcing of the Asset
Management Branch is insufficient to deliver these functions within the timeframes and to a
desired level of service set out in the endorsed Asset Management Roadmap.

                                                                                               Page 48 of 64

Section 49

GENERAL COMMITTEE MEETING AGENDA                                                         13 NOVEMBER 2017


Currently, Asset Management is delivered through a combination of in-house technical staff and
supplemented by the use of external consultants/contractors to assist with the delivery of asset
management objectives across the organisation. The current resourcing does not have capacity
or resourcing to undertake the function of asset inventory within the Asset Management Branch.
The asset inventory function is one of the most critical functions within the Branch and cannot be
outsourced as a service as it has a strong interactive role with asset stakeholders across Council.

Good asset data is critical to the decisions we make as an organisation. Not having good data
will result in assumptions and eventually poor decisions will be made. The creation and updating
of asset information within our systems ensures that asset data reflects the assets in the field and
as a result a true and accurate account of our assets is reflected within our asset register. In
addition, the outputs of the asset information forms the foundations of our budget processes for
establishing depreciation levels for our asset classes, updating of asset renewal programs and
updates changes in our asset base.

Over the past 6 months an officer has been taken off-line to undertake the asset inventory
function. It has become evident that whilst the backlog of work has been considerably reduced
there is an ongoing need for resourcing to support capitalisation, contributed assets, discovered
assets and support the cyclic asset revaluation activities delivered by the Asset Management
Branch. The table below details the proposed additions and changes to the positions within the
Asset Management Branch. In addition to this table, the current and proposed organisational
structures for the Asset Management Branch are provided at Attachment 1 to this report.

Position Title      Broad Role                                   Current Status        Recommended     Level
                    (in respect to project delivery)                                   Status
Technical Officer   Undertake functions that include             New position          Permanent FTE   Level
Asset Inventory     asset         inventory      updates,                                              5
                    reconciliation of asset data sets,
                    asset data        creation (including
                    contributed assets) and asset
                    capitalisation processes within the
                    Asset Management Branch
Technical Officer   Undertake      functions      including:     2-year Fixed          Permanent FTE   Level
Asset Planning      Stormwater condition assessments &           Term position.                        5
                    inspections,     facilitate    condition     (Position currently
                    assessments, manage customer                 occupied)
                    requests, and develop asset specific
                    renewal programs. Assist in the
                    development      and      updating    of
                    detailed asset management plans.
Technical Officer   Undertake functions including the            2-year Fixed          Permanent FTE   Level
Capital Planning    development of the 10-year capital           Term position.                        5
                    works       program,      the      initial   (Position currently
                    assessment and prioritisation of             Vacant)
                    project initiations, investigations into
                    proposed projects, alignment of
                    renewal programs within the capital
                    works program.
Asset               Undertake     asset      assessments,        Technical             Permanent FTE   Level
Management          develop inspection routines, facilitate      Support Officer                       3-4
Officer             traffic count assets, and reconcile          Permanent FTE
                    asset data with field assets.                Level 2




                                                                                                Page 49 of 64

Section 50

GENERAL COMMITTEE MEETING AGENDA                                                    13 NOVEMBER 2017


2.    Design
The capacity of the Design Services section is not keeping pace and delivering designs for the
Capital Works Program. This is impacting on Council’s ability to deliver the current Capital
Works Program and to provide ‘shovel ready’ designs in a timely manner for future years.
With the ongoing development of Council’s 10 year Capital Works Program and Asset
Management Plans, the demand for additional design resources continues to increase. The
resourcing of the Design Services section is critical to the delivery of identified and emerging
projects in the Capital Works Program.
Currently, Design Services are delivered through a combination of four in-house designers and
two project coordinators, supplemented by the use of external design consultants. Under the
current delivery model, a large volume of design work is outsourced to consultants, however, this
approach to delivery comes at a cost; managing and checking the design to ensure that Noosa’s
quality and design standards are being met.
A report was presented to Council on 8 November 2016 which recommended an increase of two
fulltime equivalent (FTE) staff, in the Infrastructure Planning, Design and Delivery Branch.
Following a review of current workloads 12 months on, and considering the future demands on
the team, it has been identified that additional resources will be required to provide support in
delivering Council’s ongoing Capital Works Program.
The Design Services review considered how resources can be employed to assist with the
delivery of designs for the current program and to meet delivery targets for future years. It
concluded that one Designer Capital Works and one Project Coordinator would be required, as a
minimum, to assist with delivering designs and create greater in-house expertise and flexibility.
These additional technical positions would be allocated to the Infrastructure Planning, Design
and Delivery Branch in order to increase the volume of outsourced design work and to project
manage external design consultants. It is considered that these two fulltime equivalent positions
(2 FTE), should be three year fixed term positions to assist with creating a build-up of ‘shovel
ready’ design projects ahead of the Capital Works Program. The table below details the
proposed additions and changes to the positions within the Infrastructure Planning, Design and
Delivery Branch. In addition to this table the current and proposed organisational structure for the
Infrastructure Planning, Design and Delivery Branch is provided at Attachment 2 to this report.
Position Title         Broad Role                           Current Status        Recommended       Level
                       (in respect to project delivery)                           Status
Designer     Capital   Provide planning and design          New position          3 year contract   Level 5
Works                  services within the Infrastructure                         position
                       Planning, Design & Delivery Branch
Project Officer        Provide    project  management       New position          3 year contract   Level 5
                       services and guidance across                               position
                       Council departments
Designer     Capital   Provide planning and design          3-year Fixed          Permanent FTE     Level 5
Works                  services within the Infrastructure   Term position.
                       Planning, Design and Delivery        (Position currently
                       Branch                               occupied)

Project Officer        Provide    project  management       3-year Fixed          Permanent FTE     Level 6
                       services and guidance across         Term position.
                       Council departments                  (Position currently
                                                            occupied)
Project Coordinator    Manage flooding projects, coastal    Technical             Permanent FTE     Level 6
Flooding, Coastal      foreshores, rivers, canals and       Officer Coastal       Level 6
and Foreshore          associated Council infrastructure    and Foreshores
                                                            Permanent FTE
                                                            Level 5

                                                                                            Page 50 of 64

Section 51

GENERAL COMMITTEE MEETING AGENDA                                                 13 NOVEMBER 2017


It is recommended to advertise externally for both positions in order to ensure that the roles are
filled with individuals who have direct civil design and construction project experience.


Previous Council Consideration

Ordinary Meeting, 17 November 2016, Item 6, Page 8

That Council note the report by the Design Services Coordinator to the Services & Organisation
Committee Meeting dated 8 November 2016 and endorse changes to Council’s organisational
structure that includes an increase of two fulltime equivalent (FTE) staff, one a permanent FTE
and one a three year fixed term position in the Infrastructure Planning & Design Branch.

Finance
The Asset Management Branch operational fund is currently below year to date budget and can
utilise current funds for the position of Asset Inventory Technical Officer until the end of the
2017/2018 financial year. There will be a requirement for the Asset Management Branch to
increase the future year’s annual operational budget for staffing by $130,000 for funding the
additional level 5 position and the redesigned position.

The Infrastructure Planning, Design and Delivery Branch is currently below year to date
operational budget and funds from the position of Technical Officer Coastal & Foreshores can be
utilised until the end of the 2017/2018 financial year. Funding of the additional positions have
been discussed with the Chief Executive Officer, Director Infrastructure Services and Director
Corporate Services and will be funded from capitalised staff budgets already provided for in the
2017/18 Capital Works Program. There will be a requirement for the Infrastructure Planning,
Design and Delivery Branch to increase the future year’s annual operational budget for staffing
by $5,000 for funding the redesigned Technical Officer Coastal & Foreshore position.

Risks & Opportunities
Council’s strategic risk register identifies poor workforce planning as a moderate risk which can
result in loss of corporate knowledge, financial risk, decreased service delivery, decreased staff
morale, decreased productivity, and have significant training implications.

Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Departments/Sections Consulted:

X      Chief Executive Officer    Community Services                      X   Corporate Services
       Executive Officer          Community Development                       Financial Services
       Executive Support          Community Facilities                        ICT
                                  Libraries & Galleries                       Procurement & Fleet
                                  Local Laws                                  Property
                                  Waste & Environmental Health                Revenue Services

       Executive Services         Environment & Sustainable Development   X   Infrastructure Services
       Community Engagement       Building & Plumbing Services            X   Asset Management
       Customer Service           Development Assessment                      Buildings and Facilities
       Governance                 Economic Development                        Civil Operations
X      People and Culture         Environmental Services                      Disaster Management
                                  Strategic Land Use Planning             X   Infrastructure Planning,
                                                                              Design and Delivery




                                                                                           Page 51 of 64

Section 52

Page 52 of 64

>                                                                                                                                                                                                                          November 2017
  INFRASTRUCTURE SERVICES DEPARTMENT                                                                                                                                                     Attachment 1
  CURRENT ASSET MANAGEMENT

                                                                                                               Director
                                                                                                         Infra structure Services
                                                                                                                10002
                                                                                                           Car! Billingham

                                                                                                            Asset Planning
                                                                                                               Manager
                                                                                                                10084
                                                                                                           Bryan O'Connor

                                                                                       : Technical Officer — :                  Asset Systems
                                                                                       i  Asset Planning*  }                     Project Officer
                                                                                       ;       10556       ;                        10105
                                                                                       }    CraigSmit      =                    Benjamin Parry
                                                                                       i      LGOA 5       i                        LGOA 5
                                                                                        nee        nest
                                                                                       {Fecha Giloee                            Systems Officer
                                                                                       ‘Asset Manage ment**:                        10488
                                                                                               10557                              es
                                                                                       i       ar aat      :                  (Penny Smith acting to
                                                                                       {                   ;                      04/12/2018)

                                                                                             Technical
                                                                                           Support Officer
                                                                                               10090
                                                                                              Vacant
                                                                                              LGOA2

                                                                                                                                                                                                    Temporary/Casual positions
                                                                                                                                                                                                    * Position 10556, Technical Officer —
                                                                                                                                                                                                   \ Asset Planning is an additional fixed term i
                                                                                                                                                                                                   \ position of 2 years concluding 04/12/2018 i
                                                                                                                                                                                                   | ** Position 10557, Technical Officer- |
                                                                                                                                                                                                    Asset Management is an additional fixed |
                                                                                                                                                                                                   | term position of 2 years concluding   |
                                                                                                                                                                                                   ' 98/02/2019                            |
                                                                                                                                                                                                   LeeLee LLL!
                                                                                                                                                                                                                          Total EFT: 4

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                                                                                                                                                                                                                              Page 52 of 64

Section 53

Page 53 of 64

>                                                                                                                                                                                                                 Novem
                                                                                                                                                                                                                   lovember 2017
  INFRASTRUCTURE SERVICES DEPARTMENT
  PROPOSED ASSET MANAGEMENT

                                                                                                           Director
                                                                                                    Infrastructure Services
                                                                                                            10002
                                                                                                       Carl Billingham

                                                                                                        Asset Planning
                                                                                                          Manager
                                                                                                            10084
                                                                                                       Bryan O'Connor

                                                                 Technical Officer -    Technical Officer -— Technical Officer —      Technical Officer -
                                                                  Asset Planning         Capital Planning      Asset Inventory         Asset Systems
                                                                      10556                  10557                 TBA                     10105
                                                                    Craig Smit             Vacant                Vacant                Benjamin Parry
                                                                     LGOA5                  LGOA5              (Proposed new              LGOAS
                                                                                                                  position)
                                                                                                                  LGOAS5
                                                                                       Asset Manage ment                               Asset Systems
                                                                                            Officer                                        Officer
                                                                                             10090                                         10488
                                                                                           Vacant                                        Craig Smit
                                                                                       (Proposed re-design                           (Penny Smith acting to
                                                                                           of position)                                  04/12/2018)
                                                                                        LGOA3-LGOA4                                       LGOA 4
                                                                                            (Banded)

                                                                                                                                                                                                                 Total EFT: 7
                                                                                                                                                                                                                     Not Counted
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                                                                                                                                                                                                              Page 53 of 64

Section 54

Page 54 of 64

—_                                                                                                                                                                                                                           November 2017
     INFRASTRUCTURE SERVICES DEPARTMENT                                                                             Director                                                         Attachment 2
     CURRENT INFRASTRUCTURE PLANNING                                                                          aT
                                                                                        T                            10002
     DESIGN AND DELIVERY                                                                                         Sart silingham

                                                                                                                  Infra structure
                                                                                                              Planning, Design and
                                                                                                                Delivery Manager
                                                                                                                     10088
                                                                                                                 Craig Eldridge

                                                                             Technical Officer —               Design Coordinator
                                                                             Transport & Traffic                     10086                              eal
                                                                                  10103                            Vacant                            Adam Britton
                                                                               Scott Morgan                          LGOAT
                                                                                  LGOA6                                                                 LGOAT

                                                                             Technical Officer -                   Project Officer                      Project
                                                                                  Traffic                              10560                          Coordinator
                                                                                  10463                            Paul Brennan                         10545
                                                                             Kris Henricksen                          LGOA6                         Jaro Bauleka
                                                                                  LGOA 4                                 Tenner eee erees              LGOA 6
                                                                                                                :  Project Officer**                    Project
                                                                                                                {      10561        :                  Officer
                                                                                                                :  Daniel Wishaw    :                   10099
                                                                                                                i     LGOA6        i                Dallas Bickley
                                                                                                                         nnn ereeteeee                  LGOAS
                                                                                                                     Designer -
                                                                                                                   Capital Works                       Project
                                                                                                                       10094                            Officer
                                                                                                                   Ben L’Huillier                       10101
                                                                                                                      LGOAS5                        Joanna Ferris
                                                                                                                                                       (0.60 EFT)
                                                                                                                     Designer -                         LGOA6
                                                                                                                   Capital Works
                                                                                                                       10464                       Technical Officer -
                                                                                                                  Steve Simpson                        Coastal &
                                                                                                                 (Danny Kang acting to                Foreshores                                      —----------------—
                                                                                                                    04/06/2018)                                                                      |                                        |
                                                                                                                      LGOAS                             10091                                        | Temporary/Casual positions             |
                                                                                                                                                       Vacant                                        ie Project Manager, 10524, Ross          |
                                                                                                                     Designer -                         mncabh                                       ! Sanderson                              !
                                                                                                                   Capital Works                                                                       * Position 10555, Designer — Capital
                                                                                                                   .   10100                                                                         \ Works is an additional fixed term position |
                                                                                                                    ~_—   ~~ ks                                                                      | of 3 years concluding 09/10/2020.
                                                                                                                rvsrsarssensensnessenseasezens                                                       | ne Position 10561, Project Officer is an |
                                                                                                                : Designer - Capital :                                                               | additional fixed term position of 3 years |
                                                                                                                i     Works*        i                                                                ' concluding 05/03/2020.                 !
                                                                                                                t      10555        i                                                                an                                       |
                                                                                                                {  Samantha Carr    :
                                                                                                                beaetGOAS.        |                                                                                      Total EFT: 13.6
                                                                                                                      Surveyor
                                                                                                                       10093
                                                                                                                  Allen Crampton                                                                                                   Page 1 of 1
                                                                                                                      LGOAS5                                                                                        Prepared by People and Culture

                                                                                                                                                                                                                             Page 54 of 64

Section 55

Page 55 of 64

>                                                                                                                                                                                                                          N
                                                                                                                                                                                                                            lovember 2017
   INFRASTRUCTURE SERVICES DEPARTMENT                                                                   pr
   PROPOSED INFRASTRUCTURE                                                                        iene
                                                                                                         10002
   PLANNING, DESIGN AND DELIVERY                                                                              2
                                                                                                    Car! Billingham

                                                                                                      Infra structure
                                                                                                  Planning, Design and
                                                                                                    Delivery Manager
                                                                                                         10088
                                                                                                     Craig Eldridge

                                                                   Technical Officer -             Design Coordinator                  Project Manager
                                                                   Transport & Traffic                   10086                              40098
                                                                         10103                        Mitch Turner                      Adam Britton
                                                                     Scott Morgan                       LGOA7                              LGOA7
                                                                        LGOA6
                                                                                                          Designer -                           ~
                                                                   Technical Officer -                  Capital Works                      Project             Project Officer
                                                                        Traffic                             40094                       Coordinator                10560
                                                                         10463                          Ben L'Huillier                      =                  Paul Brennan
                                                                    Kris Henricksen                        LGOA5                        Jaro Bauleka              LGOA6
                                                                        LGOA4                                                              LGOA6
                                                                                                          Designer -                           -
                                                                                                        Ca anes                           pra                  Project Officer
                                                                                                                                                                   10561
                                                                                                      Steve Simpson                         10099             Daniel Wishaw
                                                                                                      (Danny Kang acting to             Dallas Bickley            LGOAG
                                                                                                         04/06/2018                        LGOAS5
                                                                                                           LGOAS
                                                                                                          5       :                        Project         i  Project Officers
                                                                                                          esigner                          Officer         t       TBA         |
                                                                                                        Capital Works                       10101          '                   :
                                                                                                                                                           i     Vacant        :
                                                                                                        _   10100                       Joanna Ferris      i      LGOA5        i
                                                                                                       Timothy Sparks                     (0.60 EFT)       $llussussssdsdssussasssecsssssel
                                                                                                           LGOAS5                          LGOA6
                                                                                                      Desi     - Capital                                                                            ae
                                                                                                        See vorks apita              Project Coordinator —                                         ! Casual position                        |
                                                                                                            40555                      Flooding, Coastal                                           ; - Project Manager, 10524, Ross
                                                                                                       Samantha Carr                    and Foreshores                                             \ Sanderson                              \
                                                                                                           LGOA5                            10091
                                                                                                                                            Vacant                                                   Temporary positions
                                                                                                    Sanaaaaemaaetacaaataaaaiaasaas         LGOA6                                                   * Position TBA, Project Officer is an    i
                                                                                                    i Designer - Capital :                                                                         I additional fixed term position of 3 years i
                                                                                                    ;     Works**       i                                                                            concluding TBA
                                                                                                            TBA         i                                                                          f                                        ’
                                                                                                    }     Vacant        i                                                                          | +» Position TBA, Designer — Capital Works!
                                                                                                    ;      LGOA5        ;                                                                          ' is anadditional fixed term position of 3 |
                                                                                                    decescccccscccccccccccesscncceed                                                               | years concluding TBA                   |
                                                                                                                                                                                                   LLL         LLL LLL                    d
                                                                                                          Surveyor
                                                                                                            10093                                                                                                     Total EFT: 13.6
                                                                                                       Allen Crampton
                                                                                                           LGOA5                                                                                                              Not Counted
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                                                                                                                                                                                                                       Page 55 of 64

Section 56

GENERAL COMMITTEE MEETING AGENDA                                                            13 NOVEMBER 2017



7                        FINANCIAL PERFORMANCE REPORT - OCTOBER 2017
DOCUMENT INFORM AT ION




Author                           Manager Financial Services, Trent Grauf
                                 Corporate Services Department

Index                            ECM/ Subject/ 22.09 – Monthly Financial Performance Report

Attachments                      1.     Statement of Comprehensive Income
                                 2.     Statement of Financial Position
                                 3.     Statement of Cash Flows


EXECUTIVE SUMMARY
Overall year to date financial performance to October 2017 aligns with budget at this stage of the
financial year. The budget position reflected in this report and attachments does not include any
budget review 2 adjustments to be provided in a separate report to Council.

         YTD Financial Performance Summary to October 2017
                                     Budget       Actual               Variance        Variance        Status
                                        $m            $m                     $m               %
         Recurrent Revenue            $41.9        $43.1                    $1.2           2.8%      On Track
         Recurrent Expense            $29.0        $28.9                    $0.1           0.5%      On Track
         Operating Position           $12.9        $14.2                    $1.3         10.4%

         Capital Revenue                           $0.8       $0.7        ($0.1)         (7.1%)      On Track
         Capital Expenditure                       $5.0       $6.2        ($1.2)        (24.8%)      On Track

Financial statements including Statement of Comprehensive Income (profit & loss), Statement of
Financial Position (balance sheet), and Statement of Cash Flows are included as attachments for
information of Council.


Figure 1: Actual Performance Compared to 2017/18 Budget
               $50
               $45
               $40
               $35
               $30
               $25
               $20
               $15
               $10
                $5
                $-
                                 YTD Budget ($m)                     YTD Actual ($m)

                                      Operating Revenue   Operating Expenditure




                                                                                                  Page 56 of 64

Section 57

GENERAL COMMITTEE MEETING AGENDA                                         13 NOVEMBER 2017


RECOMMENDATION
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 13 November 2017 outlining the October year to date financial performance
against budget.


REPORT
Operating Revenue (YTD Benchmark 33.3%)
Council has received 46.7% ($43.1 million) of its operating revenue budget ($92.2 million).
Commentary on each revenue category is provided below:
  Rates and Levies – $31.9 million (50.0%) of the annual budget of $63.8m has been earned.
    General rates are slightly above budget, offset by waste utility charges and the Tourism
    and Economic Levy being slightly below budget.
  Fees and Charges – $2.1 million (44.7%) of the $5.1 million annual budget has been
    earned. Search fees, change of ownership, local laws, development applications building
    and pool compliance fees as well as caravan park shower fees are all slightly above YTD
    budget. This is partially offset by waste temporary services, plumbing application fees and
    cemetery fees being slightly below budget.
  Sale of Goods and Services - $2.9 million (34.6%) of the $8.3 million budget has been
    received. Holiday parks, Noosa Aquatic Centre and landfill disposal sales are all above
    YTD budget.
  Interest Received – $1.3 million (30.3%) of the $4.4 million annual budget has been earned
    and is slightly ahead of YTD budget.
  Dividend and Tax – Unitywater distributions are in line with budget.
  Other Revenue – Building and Plumbing, The J, Local Laws, Waste Management,
    Community Properties, Quarry Operations and Fleet revenues slightly ahead of budget.
  Operating Grants, Subsidies and Contributions – Operational grants of $2.2 million (42.9%)
    are tracking above YTD budget. This includes funding received to reimburse 2016/17 costs
    relating to the ex TC Debbie clean-up of $342k (not budgeted), Community Development
    grant for the Sport and Active Recreation Plan of $66k (not budgeted), Library grants of
    $36k (maker space Cooroy and tech savvy seniors programs not budgeted), Local Laws
    trainee subsidy of $13k (not budgeted) and Noosa Community Support funding is also $22k
    ahead of budget.




                                                                                Page 57 of 64

Section 58

GENERAL COMMITTEE MEETING AGENDA                                                                                              13 NOVEMBER 2017


Figure 2: Operating Revenue Position by Type (Excluding Rates)
 $4.5
                                            YTD Budget ($m)
 $4.0
                                            YTD Actual ($m)
 $3.5
 $3.0
 $2.5
 $2.0
 $1.5
 $1.0
 $0.5
 $0.0




                                                                                                     Other




                                                                                                                     Grants
            Fees




                         Dividend




                                                                                Tax
                                                    Interest




Operating Expenditure (YTD Benchmark 33.3%)
Actual operating expenditure is currently 31.3% ($28.9 million) of full year budget ($92.2 million).
Detailed commentary for each expenditure category is provided below:
    Employee Costs – $8.9 million (29.5%) of the annual budget of $30.3 million has been
      spent, which is in line with YTD budget.
    Materials and Services – $12.9m (31.6%) of the $40.7 million annual budget has been
      spent. Contract services are below YTD budget ($330k) across a range of areas including
      Libraries, Waste Management, Economic Development, Community Development as well
      as Infrastructure Planning and Design.
    Finance Costs – in accordance with YTD budget.
    Depreciation Expense – in accordance with YTD budget.
    Other Expenses – $7k ahead of YTD budget (additional emergency management levies on
      Council properties).

Figure 3: Operating Expenditure Position by Type
 $14
 $12
                                                               YTD Budget ($m)
 $10
                                                               YTD Actual ($m)
  $8
  $6

  $4
  $2
  $0
                                                                Finance Costs
                                    Materials




                                                                                      Depreciation
             Employees




                                                                                                             Other




                                                                                                                                   Page 58 of 64

Section 59

GENERAL COMMITTEE MEETING AGENDA                                                                                        13 NOVEMBER 2017


Capital Revenue
YTD capital revenue of $750k received comprises cash contributions from developers ($408k)
and capital grants ($342k). Note that the timing of capital grant receipts are generally dependent
on the timing of associated capital expenditure, and that the timing of the receipt of developer
contributions (both cash and contributed) is unpredictable.

Figure 4: Capital Revenue by Type
 $0.7
                                                  YTD Budget ($m)
 $0.6
                                                  YTD Actual ($m)
 $0.5

 $0.4

 $0.3

 $0.2

 $0.1

 $0.0
                                                            Contributed assets
                  Cash contributions




                                                                                                   Grants / subsidies

Capital Program
Actual capital expenditure (excluding commitments) is $6.7 million (YTD budget $5.0 million).
Detailed discussion of progress in the delivery of the capital works program is provided through a
separate report by the Asset Planning Manager.

Figure 5: Capital Program Delivery Performance
 $7.0

 $6.0

 $5.0

 $4.0

 $3.0

 $2.0

 $1.0

 $0.0
                           YTD Budget ($m)                                       YTD Actual / Committed ($m)


                                       Capital works                               Other capital




                                                                                                                             Page 59 of 64

Section 60

GENERAL COMMITTEE MEETING AGENDA                                                 13 NOVEMBER 2017


Cash Management and Investment Performance
Total cash on hand at the end of October was $77.6 million. Included in this balance are funds
held in trust and for restricted purposes (e.g. unexpended levy and grant funds) and monies
committed for funding capital projects during the year.

The pie charts on the following page present the mix of cash held at October 2017 by agency
(graph on the left) and by credit risk rating (graph on the right).

Figure 6: Closing Cash Held by Agency and Credit Rating

                   Bendigo                                              A3
                     5%                                                 5%
             Westpac
              10%

                                                         A1 +
       NAB
                                                        (Other)
       10%
                                                         31%

                                                                                       A1 +
        CBA                            QTC                                            (QTC)
        11%                            64%                                             64%




The following chart monitors the year-to-date trend on total cash and the agencies invested.

Figure 7: Year to Date Trend of Cash Invested by Agency
 100,000,000.00

  90,000,000.00

  80,000,000.00

  70,000,000.00

  60,000,000.00

  50,000,000.00

  40,000,000.00

  30,000,000.00

  20,000,000.00

  10,000,000.00

              -
                  Jul-17             Aug-17           Sep-17                 Oct-17

                           Bendigo       Suncorp   Westpac        NAB         QTC       CBA



Actual interest revenue for October was $156k with a weighted average yield of 2.29%, which
reflects a positive return compared to the industry benchmark (Bloomberg AusBond Bank Bill
Index) of 1.72%.



                                                                                       Page 60 of 64

Section 61

GENERAL COMMITTEE MEETING AGENDA                                                    13 NOVEMBER 2017


Previous Council Consideration
Nil.

Finance
As above.

Risks & Opportunities
Council’s risk register includes a number of risks that could impact on ongoing financial
sustainability. Effective budget management and reporting is an important risk mitigation tool.

Consultation
External Consultation - Community & Stakeholder
Nil.

Internal Consultation
All areas of Council are consulted as part of the regular monitoring of budget performance.

Departments/Sections Consulted:

X      Chief Executive Officer   X   Community Services                      X   Corporate Services
       Executive Officer             Community Development                       Financial Services
       Executive Support             Community Facilities                        ICT
                                     Libraries & Galleries                       Procurement & Fleet
                                     Local Laws                                  Property
                                     Waste & Environmental Health                Revenue Services

X      Executive Services        X   Environment & Sustainable Development   X   Infrastructure Services
       Community Engagement          Building & Plumbing Services                Asset Management
       Customer Service              Development Assessment                      Buildings and Facilities
       Governance                    Economic Development                        Civil Operations
       People and Culture            Environmental Services                      Disaster Management
                                     Strategic Land Use Planning                 Infrastructure Planning,
                                                                                 Design and Delivery




                                                                                              Page 61 of 64

Section 62

Page 62 of 64

Noosa Council                                                                                             ATTACHMENT 1
Statement of Comprehensive Income
For the Year Ended 30 June 2018
As at 31 October 2017
                                                      Current          Current
                                                       Budget           Budget          Actual         Variance           Annual
                                                         2018             YTD              YTD              YTD           Budget
                                                       ($'000)          ($"000)          ($'000)          ($'000)               %

Revenue
    Recurrent Revenue
    Rates, levies and charges                           63,848           31,924           31,915              (9)             50%
    Fees and charges                                     5,080            2,115            2,271              156             45%
    Dividend income                                      1,860              925              925                -             50%
    Interest received                                    4,390            1,256            1,330              74              30%
    Tax equivalents                                      1,200              400             400                 -             33%
    Sale of Goods and major services                     8,312            2,642            2,878             236              35%
    Sale of contract and recoverable works                  16                1               12               11             13%
    Rental & lease income                                1,322              497              524              27              40%
    Other income                                         1,110              469             649               179             58%
    Grants, subsidies, contributions and donations       5,063            1,672            2,174             502              43%
                                                        92,201           41,901           43,078            1,176             47%
Expenses
    Recurrent Expenses
    Employee benefits                                   30,338            8,992            8,935             (57)             29%
    Materials and services                              40,696           12,978           12,875            (103)             32%
    Finance costs                                        2,464              825             819               (5)             33%
    Depreciation and amortisation                       18,577            6,192            6,192                0             33%
    Other expenses                                         112               42               48                7             43%
                                                        92,187           29,029           28,870            (159)             31%

Operating Result                                            15           12,873           14,208            1,335

Capital Revenue
    Capital contributions and donations                  1,867              622             408             (215)             22%
    Grants, subsidies, contributions and donations       4,009              185              342              157              9%
    Other capital revenue                                    -                -                -                -
Total Capital Revenue                                    5,876              807             750              (57)

                                                                                                            Page 62 of 64

Section 63

Page 63 of 64

Noosa Council                                                                                      ATTACHMENT 2
Statement of Financial Position
For the Year Ended 30 June 2018
As at 31 October 2017
                                                                    Current                 Actual                  Actual
                                                                    Budget                    YTD                Full Year
                                                                       2018                   2018                   2017
                                                                     ($'000)                ($000)                 ($000)
Current Assets
     Cash and cash equivalents                                       48,418                 74,191                  65,463
     Trade and other receivables                                      8,381                   7,363                  7,101
      Inventories                                                       156                    335                     330
     Other current assets                                               468                   2,660                  2,796
                                                                     57,424                 84,550                  75,690
      Non Current Assets held for sale                                     -                      -                       -
Total Current Assets                                                 57,424                 84,550                  75,690

Non Current Assets
     Trade and other receivables                                     49,218                 49,218                  49,218
     Other non current Assets                                              -                      -                       -
      Investments                                                    69,141                 60,978                  60,978
      Investment property                                             4,150                   4,405                  4,405
      Property, plant and equipment                                 935,214                918,910                 913,152
      Intangible assets                                               3,837                   4,009                  3,497
Total Non Current Assets                                           1,061,560              1,037,519              1,031,249

Total Assets                                                       1,118,984              1,122,069              1,106,939

Current Liabilities
     Trade and other payables                                         4,501                  15,408                 11,819
      Borrowings                                                      3,040                   1,904                  3,745
     Provisions                                                       4,394                   2,291                  4,076
     Other                                                              548                    802                     645
Total Current Liabilities                                            12,483                 20,406                  20,285

Non Current Liabilities
     Trade and other payables                                              -                      -                       -
      Borrowings                                                     35,005                 34,291                  34,291
     Provisions                                                       9,305                   9,879                  9,843
Total Non Current Liabilities                                       44,310                  44,169                  44,133
Total Liabilities                                                    56,793                 64,575                  64,418
Net Community Assets                                              1,062,191              1,057,494              1,042,521

Community Equity
     Asset Revaluation Surplus                                       46 961                 26,892                  26,892
      Retained Surplus / (Defeciency)                                      -                      -                       -
     Shire Capital                                                 1,015,230              1,015,629              1,000,677
     Current Year Net Earnings                                             -                 14,973                 14,951
Total Community Equity                                            1,062,191              1,057,494              1,042,521

                                                                                                      Page 63 of 64

Section 64

Page 64 of 64

Noosa Council                                                                        ATTACHMENT 3
Statement of Cash Flows
For the Year Ended 30 June 2018
As at 31 October 2017                                                          Actual              Actual
                                                                                   YTD          Full Year
                                                                                  2018               2017
                                                                                ($'000)            ($'000)

Cash flows from operating activities

      Cash Flows from Operating Activities

      Receipts from Customers                                                   39,573             81,498
      Payments to Suppliers and Employees                                       (21,904)          (67,789)
                                                                                17,669             13,709
      Receipts:
      Investment and Interest Revenue Received                                    1,330             4 831
      Rental Income                                                                524              1,337
      Non Capital Grants and Contributions                                       2,174              6,287
      Income Tax Equivalent Received                                               400              1,456
      Income from Equity Investments                                               925              1,568
      Payments:
      Borrowing Costs                                                                 -                 -
      Interest Expense                                                              (90)             (122)

      Net Cash Inflow/(Outflow) from Operating Activities                       22,932             29,066

Cash Flows from Investing Activities

      Receipts:
      Proceeds of Sale of Property, Plant and Equipment                               -               259
      Grants, Subsidies, Contributions and Donations                               750              6,314
      Payments:
      Payments of Property, Plant and Equipment                                 (11,777)          (19,317)
      Payments for Intangible Assets                                              (670)            (1,176)

      Net Cash Inflow/(Outflow) from Investing Activities                       (11,697)          (13,920)

Cash Flows from Financing Activities

      Receipts:
      Proceeds from Borrowings                                                        -             2,697
      Payments:
      Repayment of Borrowings                                                    (2,569)           (4,966)

      Net Cash Inflow/(Outflow) from Financing Activities                        (2,569)           (2,269)

      Net Increase/(Decrease) in Cash and Cash Equivalents held                  8,666             12,877

      Cash and Cash Equivalents at the beginning of the financial year          68,835             55,958

      Cash and Cash Equivalents at the end of the financial year                77,501             68,835

                                                                                         Page 64 of 64

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