Attachment 3 - Pump Station Upgrade Corrospondence

Page 2

1 also draw your attention to Clauses 10.4 and 10.5 of Infrastructure Agreement between .
Council and Mirose which states that sewerage infrastructure charges will apply for
future stages of the development. Also the agreement notes that at its special meeting
of 30 July 2003, resolved that it was not satisfied that infrastructure required by
conditions of the approval is of such benefit to the owner of Lot 1 on RP215933
‘(Tetrex) that would require a reimbursement by the owner to the Applicant. I have
enclosed copies of the relevant clauses for your reference.

Please note that sewerage infrastructure charges for the Tetrex site development did not
and will not include any allowance for the cost of the upgrade of the sewerage pump
station and rising main works carried out as part of the Noosa Civic Development.

Further, the calculation of any future sewerage infrastructure charges for future stages
of the Noosa Civic Development also will not include the costs of the upgraded pump
station and sewerage infrastructure provided as.part of the Noosa Civic development.

However it is noted that the pumping equipment and electrical equipment provided by
Stockwells has been sized to accommodate ultimate flows including flows from the
Tetrex site and given these circumstances, Council is prepared to allow a credit for
sewerage infrastructure charges for future stages of the Noosa Civic Development based
on the overall percentage of loading attributable to the Tetrex site. On this basis an
amount of up to $59,548 (10.14% of $587,254.43 - Refer your letter of 13 March 2007)
will be allowed.

I trust that this matter is now settled.

Yours faithfully -

Mike Froude
Water & Sewerage Capital Works Manager

 

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84

9.1

-—- 10.1

10.2

10.3

Failure to Complete Contract

if the Applicant does not complete the purchase of the Land in accordance with the terms
of the contract of sale referred to in Clause 8.3, then this Agreement may be terminated by
either party giving written notice of termination to the other.

CONDITIONS — SUBSEQUENT
Lapse or Cancellation of Permit
If the Development Permit:
9.1.1 lapses in accordance with Section 3.5.21 of the Act; or

9.1.2 is cancelled upon the request of the Applicant in accordance with Section 3.5.26
of the Act

then, to the extent that this Agreement is not completed, this Agreement wil! automatically
cease and determine.

FUTURE STAGES OF SHIRE BUSINESS CENTRE

The Shire Business Centre shall be developed in accordance with Master Plan 2, in stages
consistent with the needs of the community.

Description of Stage | and Future Stages

a The Development Application relates to Stage 1 of the Shire Business Centre being
a Retail Centre of 18,300m? TUA, a Showroom/Homemaker Centre of 7,000m?
TUA and a Commercial and Business component of not more than 5,000m? TUA.

Db. Future stages of the Shire Business Centre on the Land as contemplated by Master :
Plan 2.

Cc. Future stages of the Shire Business Centre on land other than. the Land as :
contemplated by Master Plan 2. ,

Intent re Stage 1 and Future Stages

This Agreement is intended to give the Applicant certainty as to the contributions and/or
infrastructure charges that will be payable by it or its successors in title in respect of Stage
1 and future stages of the Shire Business Centre on the Land and also to give the Council

correlative certainty as to the contribution to the community that will be made by the
Applicant.

Extent of Immunity of Future Stages of the Shire Business Centre on the Land from
Infrastructure Conditions/Charges

a. Subject to Clause 10.3b, provided that the intensity of development of a Future
Stage does not exceed Master Plan.2, and subject to the provisions of clauses 6.2.3
and 10.4, the Council agrees that having regard to the contributions and physical
infrastructure provided for in this Agreement and the Conditions of Approval in
respect of roads, cycle ways, parks, open space, nature conservation, public

Page 4

10.5

11

11.1

Page 18

recreational facilities (land, cycle and pedestrian pathways), bushland preservation,
urban drainage, water quality, or waterway management, the Applicant and its
successors in title shall not be required in respect of Future Stages of the Shire

_ Business Centre on the Land to undertake work, pay contributions (by way of
conditions imposed on any application) on account of; nor to pay infrastructure
charges levied in accordance with the Act for works external to the Land relating to
roadworks, cycle ways, parks, open space, nature conservation, public recreational
facilities (land, cycle and pedestrian pathways), bushland preservation, water
quality, or waterway management.

b. The Applicant may be required to undertake work, pay contributions, or pay
infrastructure charges to the extent that the intensity of the development proposed

for a Future Stage exceeds the intensity of development envisaged under. Master
Plan 2. ‘ :

oC. For avoidance of doubt, tle refererices to intensity of development in Clauses 10.34

and b have regard to the extra demand that would be placed upon infrastructure
through any increase in the intensity of development. .

Future Stages Not Immune From Urban Water Cycle and Sewerage Headworks
Contributions/Charges - :

a. Notwithstanding the provisions of Clause 10.3, the Applicant accepts that it will be
required to pay headworks charges for water supply and sewerage infrastructure
external to the Land by way of conditions or infrastructure charges, lawfully levied
at the rates applicable at the relevant time or times in respect of applications for
development approvals for Future Stages of the Shire Business Centre on the Land.

b. For avoidance of doubt, the Applicant shall not be required to pay any farther
contributions or infrastructure charges for water supply or sewerage infrastructure
consequent upon the approval of further ,Development Applications for Stage 1
above those required by the conditions of approval.

Future Stages of the Shire Business Centre not on the Land as contemplated by Master
Plan 2

With regard to any application for a development permit for Future Stages of the Shire
Business Centre not on the Land, whether or not made by the Applicant, this Agreement
notes that Council, at its special meeting of 30” July 2003, Council resolved that it was not
satisfied that infrastructure required by the Conditions-of Approval is of such benefit to the
owner of lot 1 on RP 215933 that would require a. reimbursement by the owner to the
Applicant

The Council may, however, consider reimbursement to the Applicant if Council receives a
contribution other than from the Applicant toward the cost of intersection works required
by Clauses 6.2.2 or 6.2.3.
GST

Definitions

In this clause:

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| Unit 10/211 Montague Road
WEST END Qld 4101

 

PO Box 3144
South Brisbane Q 4101

May 1, 2007

Jeff Steel

Manager Sewerage
Noosa Council

PO Box 141
Tewantin, QLD 4565

Dear Jeff
NOOSACIVIC — PUMP STATION
| refer to letter (9 March 2006) declining our request for reimbursement of the Pump Station Upgrade.

It still remains to consider whether the Councils requirement to upgrade the pump station to its current
standard is an unreasonable imposition on the development. {t also remains that the pump station and
rising mains upgrade works may be taken into Council's network and valued for the purpose of imposing
future infrastructure charges for sewerage infrastructure in the relevant catchment.

Consequently, we have been advised by David Nicholls (Hapgood Ganim Lawyers) that it would be
unreasonable for Council to impose a sewerage infrastructure charge on Stockwell in respect of a future
stage of Noosa Civic where the calculation of that charge is based upon inclusion of the upgraded pump
well or other infrastructure supplied by Stockwell. if this were the case then it could be considered that
Council would be “double dipping” which is contrary to the requirements of the integrated Planning Act
with respect fo the methodology for striking infrastructure charges

On this basis we would like Council to confirm that future stages of Noosa Civic will not incur infrastructure
charges in respect of the sewerage network of which the pump station forms part.

Subject to Council confirmation of the above this matter will not be pursued further.
Please telephone me if you have any further queries.

‘Yours Faithfully

4 porte .

STOCKWELL
Leanne Porter
Development Manager

Page 7

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telephoning or callin: lease as] olf ECEIVE!
NOO ; f Jelf Steel (S440 m » MAR 20"

   

Your Ref:
Email: [email protected]

19 March 2007

Stockwell Pty Ltd
PO Box 3144
SOUTH BRISBANE QLD 4101

Dear Leanne,

RE: NOOSA CIVIC - REQUEST FOR CONTRIBUTION TO COSTS. OF PUMP
STATION UPGRADE

I refer to your letters of 13 March 2007 and 22 February 2007 and advise that Council
has considered its position and is not prepared to reimburse Stockwells for the:cost of
works on the new pump station.

The position has been determined on the basis that:-

1. MCU conditions which state that the applicant must upgrade the existing sewer
pump station to Noosa Shire Council Standards and requirements.

2. Operational Works Decision Notice which details approved drawings and extent
of works to be undertaken by the Applicant and its Agents and Contractors.

3. Stockwell letter of 16 May 2006 which clearly states that they do not seek any
monetary contributions from Council in relation to this upgrade.

4. In respect to the upgrading of the existing pump station, Council’s requirements
as stipulated in Noosa Shire Council’s Planning Scheme Policy 6 - Engineering
Design Standards, Water Supply and Sewerage, clearly show that the existing
pump station would require upgrading to the same extent due to additional
loadings from the Noosa Civic site irregardless of any further additional flows
from the adjacent Tetrex site i.e. Clause 5.3.3.4 states that “where loading exceeds
800 Equivalent Tenements (ET) a single pump well with a minimum diameter of
3.2m shall be provided. The pump well shall be divided by an internal diaphragm
wall which effectively isolates the two wells and allows pump isolation”.

In this regard it is noted that Council has already modified its requirements by allowing
existing pump well to be utilised, rather than requiring a completely new system to be
constructed, which has by the Applicant’s own Consultants figures, saved considerable
expense being incurred by the Applicant.

NOOSA COUNCIL ABN 97 969 214 121

9 Pelican Street Tewantin. PO Box 141 Tewantin Q 4565

Phone: 07 5449 5200 Fax: 07 5447 1062
Email: [email protected]

Page 8

Note

Existing loading at pump station (pre Noosa Civic) - 707 ET
Additional loading - (Noosa Civic) - 355 ET
1062 ET

 

Above figures do not include any allowance for adjacent Tetrex Site (153 ET). The
loading exceeds that stipulated in Noosa Shire Council Planning Scheme Policy 6
referred to above, therefore upgrade to pump station required for Noosa Civic
Development irregardless of Tetrex Development.

Yours faithfully

M7 Om.
Jeff Steel
Manager Sewerage

Page 9

i

Noosa Shire Business Centre
Area Breakup
7 March 2007

Stockwell — Usable Land

 

 

 

 

 

 

 

 

 

Area Ha
Bl 3.7
B2 33
B3 5.3
Ei | 4.0
E2 1.5
E6 3.1
E7 3.7

 

 

 

Total Area — 24.6 Ha or 246,000m?
Flows — Assume GFA 40% of GDA
Unit = 100m? of GFA
Proposed EP per Unit ~ 1.25
246000 x (*/:9) = 98,400m (GFA)
984004, 49 = 984 units

984x125 =1,230EP’s

Tetrex — Usable Land

 

 

 

 

 

 

 

 

Area Ha
E3 19
F4 2.9
E5 2.1
Total 6.9 Ha or 69,000m”
Flows — Assume GFA 40% of GDA

Unit = 100m? of GFA
Proposed EP per Unit — 1.25

 

 

69000 x (/400) =27,600m? (GFA)
77890 = 276 units

276 x 1.25 = 345 EP's

Area Ha

Res 0.7

 

 

 

 

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™

rd

Noosa Shire Business Centre
Area Breakup .
7 March 2007

Flows — Assume 30 Lots/Ha & 2.70 EP per Lot
0.7.x 30 =21 Lots |
21 x 2.70 = 56.7 EP’s

TotalEP’s =345+456.7
= 401.7

Lets say 402 EP’s

Total Pump Station Flows
EP’s
Stockwell 1230
Tetrex - 402
External (Council) = 2333
Total Flows 3965

Percentage Break up for all Parties
Stockwell 31.02%
Tetrex 10.14%
External (Council) 58.84%
Percentage Break up Two Parties

Stockwell 75.37%
Tetrex 24.63%

Percentage Break up Total Land Area

Stockwell 50.77 Ha
Tetrex 27.97 Ha

Stockwell — 69.8%

Tetrex — 30.2%
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4024

 

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