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FURTHER REPORT - Planning & Environment Committee 6 May 2025 MCU21/0110

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PLANNING & ENVIRONMENT COMMITTEE MEETING                                                 6 MAY 2025


7.2     FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE -
        RESORT COMPLEX AND ANICILLARY BAR, FOOD AND DRINK OUTLET, OUTDOOR
        SPORT AND RECREATION, AND CLUB (MINOR EXTENSION TO EXISTING
        CLUBHOUSE) AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS


Author            Development Assessment Manager, Patrick Murphy
                  Development & Regulation Department
Index             ECM/Applications/MCU21/0110
Attachments       1.   ATTACHMENT 1 - MCU21/0110 - PROPOSED CONDITIONS
                  2.   ATTACHMENT 2 - MCU21/0110 - DEVELOPMENT ASSESSMENT
                       MANAGER'S REPORT
                  3.   ATTACHMENT 3 - MCU21/0110 - OFFICER'S REPORT 11 July 2023
                  4.   ATTACHMENT 4 - MCU21/0110 - OFFICER REPORT 7 November 2023
                  5.   ATTACHMENT 5 - MCU21/0110 - OFFICER REPORT 11 June 2024
                  6.   ATTACHMENT 6 - MCU21/0110 - APPLICANT SUBMISSION 13 October
                       2023
                  7.   ATTACHMENT 7 - MCU21/0110 - PROPOSAL PLANS
                  8.   ATTACHMENT 8 - MCU21/0110 - POOL SIZE COMPARISON


EXECUTIVE SUMMARY
A report for this application was first presented to Council at the Planning and Environment
Committee on 11 July 2023, at that time the application sought to develop a 106-room hotel on land
within Noosa Springs.
The report addressed a range of issues including the sites split zoning, the potential odour impacts
of the nearby sewage treatment plant, bushfire risk, ecology, carparking and built form. The officer’s
recommendation was to approve the application on the basis that the odour impacts had been
satisfactorily addressed and matters relating to bushfire, ecology, carparking and built form had been
suitably addressed.
The matter was referred to the General Committee Meeting dated 17 July 2023 at which time a
motion was put forward to refuse the application. The motion was successful, and the application
was recommended for refusal.
On 19 July 2023 the applicant stopped the decision-making period until 29 September 2023. As this
was done prior to the Ordinary Meeting of 20 July 2023 Council was not able to finalise a decision
on the application. The decision-making period recommenced on 29 September 2023.
A Further Report was prepared for the Planning and Environment Committee meeting on 7
November 2023, due to the significance of the matter was referred to the General Meeting of 13
November 2023.
At that time the applicant had not amended the layout of the proposed development however had
provided several written submissions which included an analysis of the submissions made during
the notification period, a letter from a solicitor reviewing the proposed grounds of refusal, and a
further letter from the applicant’s planning consultant seeking to justify grounds to support the
development.
The grounds of refusal proposed at the General Committee on July 17, 2023, were reviewed by a
planning solicitor. Accordingly, the updated grounds of refusal were included in the report.

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PLANNING & ENVIRONMENT COMMITTEE MEETING                                                  6 MAY 2025


On 13 November 2023 the applicant made an Other Change to the application to include an
extension to the existing clubhouse. The change was an Other Change as it introduced a new land
use into the application. This meant that the application reverted to the Confirmation Notice stage
and no decision was able to be made on the application at the 13 November 2023 General
Committee Meeting.
The change application formalised the changes to the clubhouse that were referred to in the original
report, and included the following:
         •   Minor alterations to the internal configurations of the bar, kitchen, cold room and store
             area (red dotted outline); and
         •   New liquor cool room, new dry store, new security & procurement office, new wet and
             dry waste areas and new enclosed storage area (shown as yellow shading).
A report considering the proposal including the Other Change was prepared for consideration at the
Planning and Environment Committee dated 11 June 2024. At this meeting the matter was referred
to the General Committee Meeting of 17 June 2024. At the General Committee meeting it was agreed
to defer the matter to a future meeting round as the applicant requested to extend the decision-
making period so it could enter into meaningful discussions about changes that might be made to
the proposed Resort Hotel, that are reasonable, to address any valid planning concerns Councillors
might have about the development.
On 27 February 2025, the applicant made a minor change to the existing application reducing the
proposal from a 106 bedroom resort to a 69 bedroom resort. in a letter supporting the amended
application the applicant advises:
     The request for a minor change stems from concerns raised by councillors about the scale of
     the development, which unavoidably, extends into the Recreation and Open Space Zone and
     partly into the Biodiversity, Waterways and Wetlands Overlay (Biodiversity Overlay) towards
     the east of the site. This is despite the development not having a significant impact on any
     environmental values as confirmed by Dr Watson and Council’s environmental officer. Other
     concerns were raised about the scale and extent of the pools within the centre of the site and
     the continued operation of the tennis courts, including during construction.
     The changes being made to the development are detailed below:
         •   Pavilion 5 has been removed from the top of the site towards the east with the stair and
             lift area reconfigured for Pavilion 4.
         •   Pavilion 1, Level 1 presidential suite changed to two (2) deluxe rooms with a reduction
             in the terrace areas at ground level.
         •   The character and privacy of the central recreation zone has been strengthened by
             increasing the planted landscape spaces, with the swimming pools reduced in size and
             enhanced by being integrated into a natural landscape setting.
         •   A minor increase in the size of the amenities building will provide for wellness facilities
             that complement the recreation zone.
         •   A change to the overall design of the open space areas, with pathways and small deck
             areas added to make some passive use of the open space area towards the east where
             Pavilion 5 was located while maintaining the existing vegetation.
         •   An increase in the size of the southeastern tennis court to a ITF (pro-tour size) tennis
             court; and
         •   A reduction in the height of the structures above the decked carpark to the south with
             the solar panels to be maintained.
The minor change plans form the basis of the current assessment. Noting earlier officer
recommendations regarding previous versions of the development and noting the reduced footprint

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PLANNING & ENVIRONMENT COMMITTEE MEETING                                            6 MAY 2025


associated with the current minor change the application is supported subject to reasonable and
relevant conditions.

RECOMMENDATION
That Council note the Further Report by the Manager Development Assessment to the Planning and
Environment Committee Meeting dated 6 May 2025 regarding Application No. MCU21/0110 for a
Development Permit for a Material Change of Use – Resort Complex and ancillary Bar, Food and
Drink Outlet, Outdoor Sport and Recreation and Club (minor extension to existing clubhouse) at 61
Noosa Springs Drive, Noosa Heads and:
A. Approve the application subject to conditions in accordance with Attachment 1.


REPORT

Link to Corporate Plan

Not applicable.


Previous Council Consideration

Finance

Risk & Opportunities

Human Rights
.

Consultation
External Consultation - Community & Stakeholder


Internal Consultation

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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                   6 MAY 2025


            ATTACHMENT 1 – (MCU21/0110) – PROPOSED CONDITIONS
When Conditions must be Complied With
    1.    Unless otherwise stated, all conditions of this Decision Notice must be complied with
          prior to the use commencing, and then compliance maintained at all times while the
          use continues.
Approved Plans
    2.    Development undertaken in accordance with this approval must generally comply with
          the approved plans of development. The approved plans are listed in the following table
          unless otherwise amended by these conditions.

         Plan No.      Rev.   Plan/Document Name                                  Date

         DA 1.00        19    Site Plan, prepared by Marchese Partners            06.02.2025

         DA 1.01        15    Entry Link Level Plan, prepared by Marchese 06.02.2025
                              Partners

         DA 1.02        18    Basement Plan, prepared by Marchese Partners        06.02.2025

         DA 1.03        16    Lower Ground Floor Plan, prepared by Marchese 06.02.2025
                              Partners

         DA 1.04        16    Ground Level Plan, prepared by Marchese 06.02.2025
                              Partners

         DA 1.05        16    Level 1 Plan, prepared by Marchese Partners         06.02.2025

         DA 1.06        16    Level 2 Plan, prepared by Marchese Partners         06.02.2025

         DA 1.07        16    Level 3 Plan, prepared by Marchese Partners         06.02.2025

         DA 1.08        16    Roof Plan, prepared by Marchese Partners            06.02.2025

         DA 1.10        9     Existing Clubhouse Plan, prepared by Marchese 06.02.2025
                              Partners

         DA 1.11        9     Proposed Clubhouse         Plan,    prepared   by 06.02.2025
                              Marchese Partners

         DA 1.12        5     Carpark Plans, prepared by Marchese Partners        06.02.2025

         DA 2.01        16    South and West         Elevation,   prepared   by 06.02.2025
                              Marchese Partners

         DA 2.02        16    Noth and East Elevation, prepared by Marchese 06.02.2025
                              Partners

         DA 2.03        6     Carpark Elevations and Section, prepared by 06.02.2025
                              Marchese Partners

         DA 2.04        10    Tennis Courts, prepared by Marchese Partners        06.02.2025




                                                                                   Page 1 of 12

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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                    6 MAY 2025



          DA 3.01        16    Building Sections,     prepared   by   Marchese 06.02.2025
                               Partners

          DA 3.02        14    Part 1 Sections, prepared by Marchese Partners      06.02.2025

          DA 3.03        15    Part 2 Sections, prepared by Marchese Partners      06.02.2025

          DA 4.01        12    Extrapolated 8m & 12m above NGL plane, 06.02.2025
                               prepared by Marchese Partners

          DA 4.05        12    3D View – Building Entry, prepared by Marchese 06.02.2025
                               Partners

          DA 4.06        11    3D View – Pool View 1, prepared by Marchese 06.02.2025
                               Partners

          DA 4.07        11    3D View – Pool View 2, prepared by Marchese 06.02.2025
                               Partners

          DA 4.08        11    3D View – Looking North from Resort Drive, 06.02.2025
                               prepared by Marchese Partners

          LCP2      –    M     Landscape Concept Design Package prepared 21.02.2025
          LCP18                by Place Design Group

          N/A            1     Terrestrial Ecology Assessment prepared by
                               Gondwana Ecology dated 26.02.2020 and as
                               amended by letter from Gondwana Ecology
                               dated 9 February 2023

          N/A            8     Bushfire Hazard Assessment and Mitigation Plan 25.02.2025
                               prepared by Rob Friend & Associates


Nature and Extent of Approved Use
     3.    The approved resort units must be used for short term visitors only. The approved units
           must not be occupied by persons for the purpose of permanent accommodation,
           excluding those persons in a manager's residence for the premises. The requirements
           of this condition must be included in the Community Management Statement for any
           body corporate for the subject site.
     4.    The approved uses and associated activities must not result in environmental
           nuisances such as noise, visual or odour impacts that unreasonably diminish the
           amenity of the area or surrounding uses.
     5.    Service vehicle movements associated with non-residential uses on the premises
           (including loading and unloading) must not occur outside the hours of 7am 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.
     6.    Conferences and Functions must only occur within the existing Noosa Springs Golf
           and Spa Resort.




                                                                                    Page 2 of 12

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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                             6 MAY 2025


Currency Period
     7.       This development approval lapses if the use has not happened by 15 May 2031 unless
              an application to extend the currency period is approved by Council.
Ventilation
     8.       All internal use areas of the accommodation use including hotel suites, common areas,
              office, dining, bar and lobby areas shall be fully air-conditioned, allowing external
              façade elements (doors and windows) to be closed if required. Fresh air makeup to the
              air conditioning systems must be drawn from roof level locations located as far as
              practical from the Noosa Wastewater Treatment Plant.
     9.       Activated carbon filtration must be installed on all fresh air makeup locations of the air
              conditioning systems and must be regularly maintained to manufacturer specifications.
Outdoor Use Areas – swimming pools and tennis courts
     10.      Use by guests and visitors of the tennis courts, is limited to the following time periods:
                i.      7am to 6pm:      Four courts
                ii.     6pm to 9pm:      Two courts only
               iii.     9pm to 6am:      No usage of tennis courts
     11.      Use by guests and visitors of the swimming pools is limited to the time period 6am to
              12am only.
Acoustic
     12.      An updated acoustic report must be submitted to Council prior to the issue of an
              Operational Works approval. The amended acoustic report must include
              recommendations to address the impact on residential amenity attributed to vacuum
              truck operations on the site and provide acoustic mitigation measures to achieve
              compliance with the noise criteria proposed in Section 6.2.4.1 of the Trinity Noise
              Impact Assessment Report dated 20 February 2025. The recommendations of the
              acoustic report must be implemented prior to the commencement of the approved
              uses.
Noise Limits
     13.      Noise generated by the development must not exceed the following criteria at any off-
              site noise sensitive receptor:

               Period                 Background Noise Level   Overall Noise Limits   Design Component
                                      L90 dBA                  Leq,adj,T dBA          Noise Limits Leq,adj,T
                                                                                      dBA

               Day                             36                      41                       39
               (7am to 6pm)

               Evening                         31                      36                       34
               (6pm to 10pm)

               Night                           28                      31                       28
               (10pm to 7am)




                                                                                             Page 3 of 12

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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                         6 MAY 2025


Odour
     14.   The operator must prepare and maintain an Odour Complaint Management Plan, with
           the plan including the internal management of any complaints from hotel guests. The
           Odour Management Plan must be submitted to Council for approval prior to the issue
           of an Operational Works approval.
Built Form and Development Appearance
     15.   The maximum height of the development must be in accordance with the approved
           plans.
     16.   Certification must be submitted to Council from a Licensed Surveyor which certifies
           that the buildings do not exceed the maximum height requirement of this Decision
           Notice.
     17.   All air conditioning units or other mechanical equipment must be fully enclosed or
           screened such that they are not visible from the street frontages nor adjoining
           properties.
     18.   All deck and balcony areas above ground floor must not be enclosed by permanent
           fixtures such as shutters, louvres, glass panelling or the like.
     19.   The development must incorporate the colour scheme and proposed mix of building
           materials as outlined in the approved plans.
     20.   Any security screens on the premises consist of grille or translucent screens and not
           solid shutters, screens or roller-doors.
     21.   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.
     22.   No part of the site may be used for outdoor storage of materials.
Performance Bond
     23.   Security in the form of a cash bond or trading bank guarantee to the sum of $200,000
           must be submitted to Council, to secure performance of all conditions of this approval,
           prior to pre-start meeting. The cash bond or trading bank guarantee will be returned on
           performance of the conditions of approval less any costs incurred by Council in respect
           of enforcing performance of this permit. Council reserves the right to call upon the bond
           or guaranteed sum to effect compliance with conditions.
Tennis Court Fencing
     24.   Tennis court fencing must be comprised of black powder coated posts and rails with
           black PVC coated chain wire mesh, or the like.
Tennis Court Light Spillage and Glare
     25.   Lighting must be directed onto the site and away from neighbouring properties.
     26.   The level of light emanating outside the property must not exceed an illumination level
           of 12 lux nor an average of 10 lux when measured 3 metres outside the property
           boundary.
     27.   The light fittings must be baffled to ensure that a light source is not directly visible from
           the habitable room window of an adjoining property.
     28.   All light readings are to be taken in a horizontal plane at a height of 1000mm above
           ground level.

                                                                                         Page 4 of 12

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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                        6 MAY 2025


Tennis Court Operating Hours
     29.   Tennis courts must not be illuminated after 10.00p.m. nor before 7.30 a.m.
Structural Stability
     30.   All lighting support columns must be manufactured from galvanised steel.
     31.   The pole height shall not exceed 8 metres.
     32.   The pole and associated concrete footing design must be engineer certified to support
           the light fitting and to withstand wind loads appropriate to the terrain classification.
Tennis Ball Machines
     33.   Machines which operate on the air compression principle must not be used after 7.00
           p.m. nor before 8.00 a.m.
     34.   Silent running machines which operate at a noise level not exceeding 10 decibels
           (when measured at the property boundary) must not be used after 10.00 p.m. nor
           before 7.30 a.m.
Public Safety
     35.   During operating hours, all parking areas, pedestrian areas and entrances/exits to all
           stairwells, lifts, 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 of the bicycle/ scooter parking and bin storage area.
     36.   After hours access to loading docks, storage areas and the basement carpark
           (including the vehicle ramp and all stairwells) must be restricted by a security gate,
           lockable doors and/or other suitably appropriate means. The basement carpark must
           be kept closed and locked at all times while the use is not operating.
Community Management Statement
     37.   Any proposed Community Management Statement required for the development
           pursuant to the Body Corporate and Community Management Act 1997 must be
           submitted to Council for endorsement at the same time as submission of the Building
           Format Plan (or similar) to Council for compliance assessment.
     38.   All clauses and by-laws of the proposed Community Management Statement must
           accord with the requirements of this Decision Notice.
Water & Sewer Connections
     39.   An underground connection to reticulated water and sewerage must be provided to the
           development site in accordance with the standards and requirements of Northern SEQ
           Distributor–Retailer Authority (Unitywater).
     40.   A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
           (Unitywater) must be submitted to Council that certifies an underground connection to
           reticulated water and sewerage has been provided to the development site.
ENGINEERING/TRAFFIC
Site Access and Driveways
     41.   A sealed access driveway must be provided from the internal service road 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. a driveway crossover in accordance with Council’s standard drawing RS-051 and
              respective addendum; and

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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                      6 MAY 2025


           b. suitable safety measures, including warning signage, to improve driver awareness
              of pedestrians and enhance pedestrian safety. Warning signage must be provided
              near the exit ramp from the underground parking area to warn motorists of
              pedestrian movement along the frontage street.
Car Parking
     42.   Car parking must be provided in accordance with the approved plans and as amended
           by the conditions of this approval. The works must be undertaken in accordance with
           an Operational Works approval.
     43.   The parking layout is to be in accordance with the requirements of AS/NZS 2890.1-
           2004
     44.   Provision of vandal resistant public lighting with intensities to satisfy the requirements
           of Australian Standard AS1158: Public Lighting Code.
     45.   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.
     46.   Directional signage must be provided to direct visitors and customers to the car parking
           spaces provided on site.
Security Access to Carpark
     47.   Where access to the carpark is proposed to be restricted by a security gate, provision
           must be made for queuing of vehicles clear of the roadway while waiting for the security
           gate to open.
     48.   Where a secure carpark services a commercial use on the site, the security gate must
           remain open at all times while commercial uses on the site are open for business. The
           requirements of this condition must be included in the Community Management
           Statement for anybody corporate for the subject site.
Service Vehicles
     49.   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.
Pedestrian and Bicycle Facilities
     50.   Pedestrian and bicycle facilities must be provided for the development. The works must
           include in particular:
           a. signage and lighting at strategic locations to direct people to building entries and
              public toilet facilities;
           b. a total of 53 bicycle parking spaces; and
           c. end of trip facilities involving 27 lockers, 6 showers and change rooms within the
              development.
Water quality and quantity
     51.   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 the Queensland Urban Drainage Manual.
     52.   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
           Bioretention Technical Design Guidelines (Water by Design, 2012), and must include
           in particular:



                                                                                       Page 6 of 12

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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                     6 MAY 2025


           a. stormwater quality treatment devices of a size and location generally in accordance
              with those shown in Drawing No. C6070/20/P07 prepared by Walsh Consulting
              Engineers dated 26/10/2021, with the exception of the following:
               i.    Bioretention filter area is to be increased in size to the area stated for
                     bioretention surface area on the above referenced plan
           b. bioretention devices which:
               i.    are designed generally in accordance with IPWEQA Standard Drawing No.s
                     DS-073, DS-075 and DS-076
               ii.   are provided with a free-draining outlet from the sub-soil drainage system
     53.   Permanent educational signage* must be erected to educate the residents of /
           customers to the development about the function of the bioretention device(s). The
           dimensions, standard, presentation and location of the educational signage must be in
           accordance with an Operational Works approval.
     54.   All stormwater quality treatment devices must be maintained in accordance with the
           Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The
           approved Operational Works drawings for the stormwater quality treatment system and
           detailed life cycle costing of the system must be attached as an addendum to this
           document. Records of all maintenance activities undertaken must be kept and made
           available to Council upon request.
     55.   Operating roof water 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 135,000 litres
           b. a catchment of not less than 2,800m2 of the building roof area
           c. re-use of harvested stormwater for non-potable outdoor uses including irrigation of
              landscaped areas and swimming pool top-up.
     56.   Certification must be submitted to Council from a qualified person which certifies that
           the stormwater harvesting tanks and associated reticulation has been installed in
           accordance with the requirements of this Decision Notice.
Acid Sulfate Soils
     57.   An Acid Sulfate Soil Management Plan must be prepared and submitted with the
           Operational Works application for the site. The acid sulfate management plan must
           include testing, monitoring and treatment requirements for the works.
Services
     58.   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.
     59.   Certification must be submitted to Council from all relevant service providers (Energex,
           NBN and Unitywater which certifies that the development has met the requirements of
           this Decision Notice and all applicable legislation at the time of construction.
Easements
     60.   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 7 of 12

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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                     6 MAY 2025


     61.   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.
     62.   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
     63.   All excavation, fill, soil retaining structures 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.
     64.   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
     65.   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
Landscaping Works
     66.   The development site must be landscaped in accordance with a Council endorsed
           landscape package prepared by a qualified person*. 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 works shown on the Approved Landscape Concept Design Package Plans, with
              the inclusion of the requirements of the approved Bushfire Hazard Assessment and
              Mitigation Plan version 8, prepared by Rob Friend and Associates dated
              25.02.2025.
           b. Plant Pallet including hard and soft plant percentages, plant numbers, planting
              locations, pot sizes and whether Noosa Native, Australian Native or Exotic;
           c. a Landscape Management Plan including (but not limited to):
               i.    landscape design principles for bushfire hazard areas in Part 5 of Bushfire
                     Resilient Building Guidance for Queensland Homes (QRA 2020);
               ii.   Certification from a qualified* person ensuring the Landscape Management
                     Plan complies with the design principles in the Part 5 of Bushfire Resilient
                     Building Guidance for Queensland Homes (QRA 2020) and the Bushfire
                     Management Plan.
              iii.   Management of branches overhanging building envelopes.




                                                                                      Page 8 of 12

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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                     6 MAY 2025


          d. clear integration of the Bushfire requirements and recommendations identified
             within the approved Bushfire Hazard Assessment Report & Mitigation Plan version
             8 dated 25.02.2025, including landscaping treatments where maximum distances
             are permitted including:
                i.    a band of vegetation up to 20m wide along Resort Drive is to contain 100%
                      less flammable plant species;
               ii.    the remaining area greater than 20m from Resort Drive can contain no less
                      than 50% less flammable plant species in the understory and groundcover;
                      and
               iii.   regular maintenance of groundcover and understorey to reduce flammability
                      within the landscaped area.
          e. clear integration of the landscaping recommendations, for the purpose of odour
             mitigation, identified in the Katestone report dated December 2020.
          f.   A vegetated buffer of a height that avoids line of sight contact with the Sewage
               Treatment Plant from any place or structure on the development site to Council’s
               satisfaction.
          g. Both sides of Resort Drive Road Reserve between the intersections of Links Drive
             and Lakeview Rise must be rehabilitated and revegetated in accordance with the
             landscaping recommendations of the approved Bushfire Hazard Assessment and
             Mitigation Plan version 8, prepared by Rob Friend and Associates dated
             25.02.2025.
          h. The works must be undertaken in accordance with an Operational Works approval.
          i.   Details of water quality treatment device plantings with a minimum of five plant
               species and a plant density of 8 plants per square metre;
          j.   Details of all fencing and gates (including but not limited to height, construction
               type, materials);
          k. Details of tree protection methods provided by a qualified person* to be engaged
             to protect trees identified within the conditions of this approval in particular
             vegetation located within the mapped Koala Habitat Area to the north of the
             development site.
          l.   Native trees of a minimum pot size of 100L to replace existing trees to be removed
               from the site, at the rate of 1 replacement tree for every tree removed that has a
               diameter greater than 200mm measured at 1.2 metres from ground surface level.
          m. Vegetated screening of any electrical transformers, bin storage areas and the like
             from the road frontage.
          n. Vegetation offsets in accordance with the recommendations Gondwana Ecology
             letter dated 9 February 2023.
    67.   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.
    68.   Control of all weeds species listed in the following standards and legislation:
          a. Declared plants under the Land Protection (Biodiversity Act 2014 and subordinate
             Regulation 2016).
          b. Noosa Local Government Area Pest Management Plan 2015-2019.
          c. Undesirable Species as listed in Planning Scheme Policy 3 Landscaping Plants
             and Guidelines.


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     69.   All entry statements, fences, retaining walls and buffer/screen plantings must be
           located entirely within private land and not within the public road reserve.
Treatment of Temporarily Vacant Land
     70.   Where some or all of the land remains vacant or undeveloped for more than 3 months,
           or buildings are demolished and redevelopment is delayed for more than 3 months, the
           following works must to be carried out:
           a. the site must be cleared of all rubble, debris and demolition materials
           b. the site must be graded to prevent ponding (to the same level as the adjoining
              footpath wherever practicable), turfed and mown at a minimum 3 weekly intervals
           c. the site must be landscaped with perimeter planting consisting of advanced
              specimens of fast growing tree species
           d. the site must be maintained to ensure no nuisance to adjacent premises, roads or
              footpaths
           e. where fencing is installed to secure boundaries:
                i.   the fencing must be durable and not capable of being pushed or blown over
               ii.   the fencing type must not detract from local amenity (barbed wire is not
                     acceptable)
              iii.   vandalism must be promptly repaired and any graffiti removed.
Retention of Existing Trees
     71.   Existing trees on the development site and in the road reserve must be retained in
           accordance with an Arborist Report (or part thereof) prepared by a qualified person*
           and endorsed through an Operational Works approval. The Arborist Report must
           include:
           a. Tree removal/retention plan that includes all native trees and identifies in particular
              all native trees to be removed with a diameter greater than 100mm measured at
              1.2m from ground surface level.
           b. Vegetation identified as not approved for removal within ‘Attachment E - Tree
              Removal Plan’ within the approved Terrestrial Ecological Assessment report, and
              as amended by the letter, attached plans and tree survey prepared by Gondwana
              Ecology dated 9 February 2023, must be protected.
           c. Incorporate vegetation to be retained as a result of the removal of Pavilion 5 as per
              the minor change to application submitted 27 February 2025.
     72.   The trees identified for retention in the conditions of this approval must be maintained
           in good health for the life of the tree.
           *(Refer to Advisory Note)
Vegetation Removal
     73.   Any removal of vegetation must be in accordance with the conditions of this approval.
           Land Rehabilitation
     74.   The land area containing retained vegetation is required to be rehabilitated with local
           native species suitable for the area and the species selection consistent with the
           naturally occurring species in the area whilst maintaining compliance with bushfire
           conditions within this approval. The works must be undertaken in accordance with an
           Operational Works approval.
     75.   A Vegetation Management and Rehabilitation Plan is to be prepared by a qualified
           person* and submitted for approval as part of the operational works application. This
           plan must include (but not limited to):

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          a. Existing remnant vegetation protection;
          b. Vegetation rehabilitation;
          c. Weed management; and
          d. Performance outcomes and how and when they are to be achieved.
    76.   A “no clearing zone” must be established and maintained over the area identified as ‘1
          – Existing Remnant Vegetation to be retained with weed management implementation’
          within the Landscape Concept Design Package plan LCP5 listed within this Decision
          Notice. With the exception of the trees approved to be removed in the conditions of this
          approval. The following activities must not be carried out within the no clearing zone:
          a. clearing, cutting down, poisoning, lopping or pruning of native vegetation which is
             indigenous to, or planted within, the zone
          b. soil/spoil dumping and/or compacting
          c. soil excavation, other than for planting indigenous native plants.
          The following exceptions apply:
          a. declared plants under the Land Protection (Pest and Stock Route Management)
             Act 2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental
             Weeds, Exotic Grasses and other plants identified in writing by Council
          b. indigenous native trees which pose a well-founded threat to persons or property as
             approved in writing by Council
          c. controlled bushfire burns to maintain ecological processes subject to submission of
             a Bushfire Management Plan and agreed in writing by Council.
Fauna Management
    77.   Vegetation must only be removed or disturbed in accordance with a Fauna
          Management Plan (or part thereof) prepared by a qualified person* and endorsed
          through an Operational Works approval. *(Refer to Advisory Note)
    78.   Permanent artificial nesting boxes must be installed within the Koala Habitat (Core) to
          provide compensatory habitat for arboreal mammals and hollow dependent avian
          species. The works must be undertaken in accordance with an Operational Works
          approval.
Bushfire Management
    79.   The development must be carried out in accordance with the approved Bushfire Hazard
          Assessment and Mitigation Plan version 8, prepared by Rob Friend and Associates
          dated 25.02.2025, with the exception of the following:
          a.   Establishment of an additional evacuation point offsite within the golf course that
               is separated from buildings and is located outside of identified bushfire hazard
               prone areas or potential impact buffer.
          The report must be resubmitted to Council incorporating the above amendments prior
          to the issue of any Development Permit for Operational Works. *
          *(Refer to Advisory Note)
    80.   Certification must be submitted to Council from a qualified person* which certifies that
          the development has been constructed in accordance with the bushfire management
          conditions of this Decision Notice. *(Refer to Advisory Note)
    81.   Certification must be submitted to Council from a qualified Person which certifies that
          the development is sufficiently serviced by reticulated water with hydrant standpipes,
          in ground hydrants and water pressure to meet firefighting needs in an emergency.

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     82.   A copy of the Bushfire Hazard Assessment Report & Mitigation Plan and evacuation
           procedure listed within this Decision Notice must be provided to the nearest fire
           authority. *(Refer to Advisory Note)
WASTE DISPOSAL
     83.   Prior to the issue of any Operational Works approvals for this development an
           Operational Waste Management Plan must be submitted to Council. The Waste
           Management Plan must be in accordance with the Waste management Code and
           Planning Scheme Policy 9 - Waste Management.
     84.   The developer must provide waste storage and disposal facilities in accordance with
           Planning Scheme Policy 9 - Waste Management. The facilities must include an
           impervious area, within the site, correctly sized for all refuse and recycling containers
           and suitably screened from public places and neighbouring properties. A bin wash area
           is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket
           trap. The drain outlet must be designed to prevent storm water entry to the sewerage
           system.
     85.   Refuse containers must be provided in accordance with the requirements of the
           Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
           Regulation 2000, for the storage and collection of refuse.
     86.   Storage, disposal and management of solid, liquid and vegetative waste is conducted
           in a safe and ecologically sustainable manner without environmental nuisance. In this
           regard, vegetated waste must be disposed of via a green waste bin or at a local transfer
           station.


B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.




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  ATTACHMENT 2 – (MCU21/0110) - DEVELOPMENT ASSESSMENT MANAGER’S
                                REPORT
REPORT
A report was presented to Council at the Planning and Environment Committee on 11 July 2023
for a development application which seeks to develop a 106-room hotel on land within Noosa
Springs.
The report addressed a range of issues including the sites split zoning, the potential odour impacts
of the nearby sewage treatment plant, bushfire risk, ecology, carparking and built form. The
officer’s recommendation was to approve the application on the basis that the odour impacts had
been satisfactorily addressed and matters relating to bushfire, ecology, carparking and built form
had also been suitably addressed.
Three deputations were made at this meeting, the deputations were made by residents of Noosa
Springs, Unitywater and the applicant. Notably, Unitywater advised they were opposed to the
proposed development based on insufficient separation being provided to the existing sewage
treatment plant.
The matter was referred to the General Committee Meeting dated 17 July 2023 at which time a
motion was put forward to refuse the application. The motion was successful, and the application
was recommended for refusal.
On 19 July the applicant stopped the decision-making period until 29 September 2023. As this was
done prior to the Ordinary Meeting of 20 July 2023 Council was not able to finalise a decision on
the application. The decision-making period recommenced on 29 September 2023.
A Further Report was prepared for the Planning and Environment Committee meeting on 7
November 2023, due to the significance of the matter was referred to the General Meeting of 13
November 2023.
At that time the applicant had not amended the layout of the proposed development however
provided several written submissions which included an analysis of the submissions made during
the notification period, a letter from a solicitor reviewing the proposed grounds of refusal, and a
further letter from the applicant’s planning consultant seeking to justify grounds to support the
development.
The officer recommendation remained in support of the application, it was recommended that
condition 13 of the original recommendation, which required guests to be advised of the potential
for odour from the sewage treatment plant, be deleted. At that time, the grounds of refusal proposed
at the General Committee on 17 July 2023, were reviewed by a planning solicitor. Accordingly,
updated grounds of refusal were included in the report.
On 13 November 2023 the applicant made an Other Change to the application to include an
extension to the existing clubhouse. The change was an Other Change as it introduced a new land
use into the application. This meant that the application reverted to the Confirmation Notice stage
and no decision was able to be made on the application at the 13 November 2023 General
Committee Meeting.
A report considering the proposal including the Other Change was prepared for consideration at
the Planning and Environment Committee dated 11 June 2024, at this meeting the matter was
referred to the General Committee Meeting of 17 June 2024. At the General Committee meeting it
was agreed to defer the matter to a future meeting round as the applicant requested to extend the
decision-making period so it could enter into meaningful discussions about changes that might be
made to the proposed Resort Hotel, that are reasonable, to address any valid planning concerns
Councillors might have about the development.
On 27 February 2025, the applicant made a minor change to the application. In a letter supporting
the amended application the applicant advises:



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     The request for a minor change stems from concerns raised by councillors about the scale
     of the development, which unavoidably, extends into the Recreation and Open Space Zone
     and partly into the Biodiversity, Waterways and Wetlands Overlay (Biodiversity Overlay)
     towards the east of the site. This is despite the development not having a significant impact
     on any environmental values as confirmed by Dr Watson and Council’s environmental officer.
     Other concerns were raised about the scale and extent of the pools within the centre of the
     site and the continued operation of the tennis courts, including during construction.
     The changes being made to the development are detailed below:
     •   Pavilion 5 has been removed from the top of the site towards the east with the stair and
         lift area reconfigured for Pavilion 4.
     •   Pavilion 1, Level 1 presidential suite changed to two (2) deluxe rooms with a reduction in
         the terrace areas at ground level.
     •   The character and privacy of the central recreation zone has been strengthened by
         increasing the planted landscape spaces, with the swimming pools reduced in size and
         enhanced by being integrated into a natural landscape setting.
     •   A minor increase in the size of the amenities building will provide for wellness facilities
         that complement the recreation zone.
     •   A change to the overall design of the open space areas, with pathways and small deck
         areas added to make some passive use of the open space area towards the east where
         Pavilion 5 was located while maintaining the existing vegetation.
     •   An increase in the size of the southeastern tennis court to a ITF (pro-tour size) tennis
         court; and
     •   A reduction in the height of the structures above the decked carpark to the south with the
         solar panels to be maintained.
The minor change plans form the basis of the current assessment, these have been supported by
the following additional information.
     •   Addendum to Odour Report
     •   Noise Impact Assessment
     •   Updated Bushfire Hazard Assessment and Mitigation Plan
     •   Updated Ecological Advice
     •   Operational Waste Management Advice
The minor change has reduced the number of hotel rooms from 106 to 69.
The following images detail the previously proposed and currently proposed site plan of the
development.




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                Figure 1: Previous proposed site plan (with zones)




                 Figure 2: Current proposed site plan (with zones)




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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT            6 MAY 2025




                     Figure 3: Previous proposed site plan




                     Figure 4: Current proposed site plan




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Change to include clubhouse (Other Change submitted 13 November 2024):
The change formalises the changes to the clubhouse that were referred to in the original officer
report, and include the following:
      •   Minor alterations to the internal configurations of the bar, kitchen, cold room and store
          area (red dotted outline); and
      •   New liquor cool room, new dry store, new security & procurement office, new wet and
          dry waste areas and new enclosed storage area (shown as yellow shading).
The applicant has advised:
      The application material states that the proposed 105m² floor area extension to the existing
      clubhouse would be obtained by undertaking a change to the current development approval
      17380DA, which provides for a material change of use for a Country Club including Golf
      Clubhouse, Health Club and Tennis Centre. It was originally intended to change the current
      development approval once the approval for the “Boutique Hotel” was obtained; however, it
      has now been decided to include this component as part of the current application.
The existing clubhouse, to which the proposed extension applies, is located within the Tourist
Accommodation Zone, a Club is an inconsistent use within this zone. Notwithstanding, the existing
clubhouse was approved under approval 17380 DA in 1999 and has occupied the site for an
extended period.
The inclusion of the Club use within the current Material Change of Use application facilitates minor
changes to the layout of the building with minor extensions to the building footprint as detailed in
the following image:




                         Figure 5: Additional clubhouse floor area (yellow)
The proposed additional 105m2 of gross floor area within the existing clubhouse was identified in
the original report to Council. At that time the assessment of plot ratio acknowledged the potential
additional clubhouse gross floor area noting the proposed plot ratio of all buildings, including the
proposed change to the clubhouse, would be significantly below the maximum allowed within the
Tourist Accommodation Zone (15,240m2 permitted with 10,208m2 proposed).

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Whilst the modifications to the clubhouse result in an increase in the use area of the clubhouse
this is primarily related to additional storage area and as such does not generate a need for
additional parking, noting the traffic consultant has reviewed the proposed car parking and is
satisfied that it adequately meets the needs of the proposed resort.
The Other Change was not required to be publicly notified on the basis that the change would not
be likely to attract a submission objecting to the thing comprising the change if public notification
were to apply to the change (s 27.3 Development Assessment Rules), this was on the basis that
the use has long been established and the proposed building alterations are minor.
Minor Change submitted 27 February 2025, including the deletion of pavilion 5:
Ecology
The applicant has provided a revised development layout that has reduced the extent of
disturbance to areas of mapped biodiversity. The original design that included pavilion 5 caused
disturbance to an overall area of approximately 1,562m², while the amended design with pavilion
5 removed has reduced the total extent of disturbance by 380m² to 1,182m².
Notably, 455m² of the 1,182m² affected area is comprised of low-impact pathways and decking.
These sections have minimal ecological effects since this infrastructure can be built to avoid trees
and valuable features, while providing access for maintenance and pedestrian way finding to open
spaces. Consequently, the actual disturbance on the mapped areas is reduced to just 727m².
From an ecological standpoint, the proposed changes to the development represent a notable
improvement. The initially proposed environmental outcomes are still in place, ensuring a
satisfactory ecological result and creating a net positive impact.
Previously proposed positive ecological outcomes remain part of the application, these include:
   •   Retention of mapped Koala habitat.
   •   Weed management.
   •   Landscaping and rehabilitation utilising suitable native species.
   •   Planting of 120 koala habitat trees.
   •   Planting of a minimum 25 Glossy Black-cockatoo feed trees.
   •   Relocation of hollow logs and installation of nest boxes.
Bushfire
The applicant has provided a revised bushfire report which includes the addition of ‘note 1’ which
addresses the setback distance requirements for the revised development proposal.
The original design needed to meet a minimum setback requirement to achieve a radiant heat flux
of less than 29kW/m², or a separation of 15.7 meters from the hazardous vegetation to the north.
The design exceeded this requirement by providing a separation of 21.9 meters from the northeast
and 24.4 meters from the northwest, resulting in a radiant heat flux within the range of 19-29kW/m².




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                        Figure 6: Bushfire separation of original proposal
The revised design which removes pavilion 5, now provides a separation distance of 38.4 metres
from the closest hazardous vegetation to the north. This equates to a separation distance
equivalent to less than 10kW/m². This outcome significantly improves the bushfire separation and
assists in mitigating the risk to people and property by locating infrastructure further away from
hazardous vegetation.




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                        Figure 7: Bushfire separation of amended proposal
All previous bushfire recommendations are still applicable to the revised development layout.
Landscape
The applicant has provided a revised set of concept landscape plans that depict the revised layout.
The plans have included additional areas of remnant vegetation to be retained within the location
of the now removed pavilion 5, as well as incorporated bush pathways and timber decks that wind
through the trees and located existing trees for meditation/relaxation. The revised plans are
considered appropriate at this conceptual stage, with detailed design to be undertaken as part of
a landscape operational works application.
Site Cover and Plot Ratio
The subject site includes an area of 23,447m2 that is zoned Tourist Accommodation. The balance
of the site is zoned Recreation and Open Space Zone (14,608m2).
The Tourist Accommodation zone code requires a maximum site cover of 40% (9,378m2) and a
Plot ratio of 0.65:1 (15,240m2). The Recreation and Open Space Zone requires a maximum site
cover of 10% (1,460m2) whilst the relevant performance outcome prescribes that the gross floor
area of buildings of roofed structures does not exceed 100m2 excluding major sporting clubs,
clubhouse facilities which do not exceed 800m². 3,052m2 of gross floor area is proposed in the
Open Space and Recreation Zone.




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The total site cover of all buildings on the site (including that zoned Recreation and Open Space)
is:
      •   Existing club house -1,839m2
      •   Existing day spa & gymnasium -1,308m2
      •   New Hotel – 2,721m2
      •   Tennis Courts – 2,558m2
      •   Elevated car park – 1,234m2

The total gross floor area of all buildings on the site (including that zoned Recreation and Open
Space) is:
      •   Proposed Hotel facilities – 5,392m2
      •   Existing day spa and gymnasium - 1,241m2
      •   Existing clubhouse - approximately 2,000m2 + 105m2 proposed as part of future change.


The following table details the proposal’s compliance with site cover and plot ratio.

                                    Zone                                      Proposed

 Site Cover            Tourist Accommodation Zone                              5,868m2
                             9,378m2 permitted
                     Recreation and Open Space Zone
                             1,460m2 permitted


                         Total Permitted: 10,838m2               Total including car park and tennis
                                                                           courts: 9,660m2

 Plot Ratio            Tourist Accommodation Zone                             5,686 m2
                             15,240m2 permitted


                     Recreation and Open Space Zone                            3,052m2
                      Buildings do not generally exceed
                    100m2 excluding major sporting clubs,
                   clubhouse facilities which do not exceed
                                     800m².
                                                                           Total: 8,738m2

Importantly, the area shown zoned for tourist accommodation is not on a cadastral base, nor was
the determination of the zone boundaries based on detailed odour assessment. The assessment
of the current application, including consideration of the supporting material, has enabled a ground
truthing to determine the most suitable footprint for the proposed tourist accommodation use to
occur.
It is acknowledged that the extent of site cover does not comply within the existing mapped
Recreation and Open Space zone when considered in isolation. However, the proposal complies
with the total amount of site cover and plot ratio permitted over the whole site noting that the
building and structures do not detrimentally reduce the useability of open space or dominate the
site. It is noted that the current proposal has reduced the extent of pool area from 1,157m2 to
457m2.


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Furthermore, the total extent of site cover and plot ratio proposed do not exceed the amount
permitted under the Tourist Accommodation Zone, on this basis it is considered that the site cover
and plot ratio are appropriate for the overall site.
Odour and Noise
The submitted acoustic report and addendum to the odour report have been reviewed by Council’s
external consultant who is supportive of the amended layout and advises:
     With respect to odour, the amended design is considered acceptable. An odour complaints
     management plan remains relevant.
     With respect to noise, …..amended operating hours for the tennis courts to match the latest
     Trinity Report.
     For outdoor area usage – previous conditions referred to Plate 1 which limited use hours.
     The intent previously was to allow use of outdoor dining areas immediately adjacent the hotel
     but to limit the use of pool areas further north. This was both a noise and odour outcome.
     I suggest a similar requirement be maintained for this amended development. Limit all pool
     usage to 6am to 12MN.
     …….include a new condition putting the noise limits from Section 6.1 of the Trinity report into
     the conditions package.
     Service and refuse collection hours maintained as 7am to 6pm.
     Given that the Trinity report shows the vacuum truck operations (albeit infrequent) exceed
     the noise limits nominated, I have included requirement for an amended noise report to
     address this as the report says with further design and barriers etc, compliance can be
     worked out later.
     I am happy to accept their amended criteria for this infrequent event.
Unitywater
As noted in the original report and through deputations made by their representatives, Unitywater
has raised concerns with the proposed development. Speifically that the accommodation facilities
and recreation areas are located too close to the nearby Noosa Sewage Treatment Plant (STP)
and will likely result in odour complaints with subsequent compliance action potentially requiring
cost prohibitive upgrades.
As per the original assessment, a thorough analysis of odour impacts has been undertaken by
suitably qualified experts utilising methodologies that are accepted in Planning and Environment
Court proceedings.
As noted in the officer report to Council in July 2023, the original odour impact assessment report
was prepared based on site-specific odour monitoring conducted at the STP and use of
meteorological and dispersion modelling to assess resultant odour levels at the proposed
development site.
The odour assessment adopted the Queensland Odour Guideline odour criterion of 2.5 Odour
Units, 1 hour average, 99.5 percentile which is considered the appropriate basis for assessment,
and notably the benchmark considered in Planning and Environment Court appeals. The criterion
requires the prescribed odour concentration to be achieved 99.5% of the time, being measured at
one-hour intervals.
The current proposal maintains development outside of the 2.5 odour unit line, notably the current
proposal increases the distance from the Noosa STP to both the nearest accommodation building
and the swimming pool. Under the originally proposed layout the accommodation buildings were
located approximately 270 metres from the existing Noosa STP infrastructure, the current proposal
provides approximately 302 metres of separation.


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Importantly, whilst Unitywater have provided a response to the methodologies utilised by both the
applicant’s and Council’s consulting acoustic consultants they have not conducted their own
technical analysis.
A review of the applicant’s report and Council’s consulting odour expert was undertaken by
Unitwayter’s third-party consultant who notes their own work was……limited to a high-level
review of the proposed mitigation measures contained within the Provided Documents and
recommend further mitigation measures that could be considered by council and/or
Proponent, which would aid in further reducing the impact risk of the Proposed Development
encroachment upon the current and future operational and business continuity of Noosa STP under
normal and unintended or unavoidable odour release conditions [bold added].
As per the original report to Council, the further mitigation measure included the installation of
activated carbon filters to fresh air makeup locations. This has been included within the
recommended conditions to further protect indoor air quality.
Whilst Unitywater have expressed concerns regarding use of land that is reasonably separated
from the existing Noosa STP it is important to note that under the Noosa Plan 2020 numerous
consistent uses are identified within the Recreation and Open Space Zone, these include:
    • Tourist Park
    • Nature-based tourism
    • Major sport, recreation and entertainment facility
    • Outdoor Sport and Recreation
    • Indoor Sport and Recreation
    • Place of worship
    • Emergency services
    • Community use
    • Club
    • Market

Notably, a Park is Accepted development, this would permit occupation to the property boundary
which at its minimum is 220 metres from existing STP infrastructure.
Furthermore, the Noosa Plan 2020 does not include a requirement for a separation distance to be
provided from the Noosa STP.
Waste Management
In summary, the key elements of the waste management strategy are:
•     Refuse collection methodology to remain unchanged when compared to current
      methodology associated with the existing day spa and clubhouse – a waste collection
      vehicle can enter and exit the site in a forward gear from the eastern side of the site via
      Resort Drive.
•     Transfer of new waste from the proposed Hotel to occur via an electric bin tug from ground
      level.
•     Waste to be stored in a waste storage room within the extended clubhouse, currently uses
      the existing loading bay.
•     Development will result in increased waste generation; no change to frequency of waste
      collection proposed although more regular servicing can occur on site if needed.
The submitted Operational Waste Management Advice has been reviewed by Council’s Waste
Management team who are satisfied with report and recommended conditions.
CONSULTATION
Referral Agencies
The amendments to the application have been referred to SARA who have not raised any issues.
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Internal Council Referrals
The application was forwarded to the following internal Council officers:
•    Senior Environment Officer
•    Coordinator Development Engineering
•    Waste Management Department
Other Referrals
Through the assessment the application has been forwarded to the following external experts for
review and/or comment:
•    Bushfire
•    Hydraulic Engineer
•    Traffic consultant
•    Acoustic consultant
•    Odour consultant


EQUITABLE ACCESS AND FACILITIES
In assessing this application, the plans for the proposed building work have not yet been evaluated
for compliance with the requirements of the National Construction Code - Building Code of
Australia (Volume 1) as they pertain to people with disabilities. The following codes may impact
the proposed building work and will be addressed as part of future building approvals required for
the site:
           a.     The Disability Discrimination Act 1992 (Commonwealth)
           b.     The Anti-Discrimination Act 1991 (Queensland); and
           c.     The Disability (Access to Premises – Buildings) Standards.


HUMAN RIGHTS COMPATIBILITY STATEMENT
In developing this Report, the subject matter has been considered in accordance with the
requirements of the Queensland Human Rights Act 2019. It is considered that the subject matter
does not conflict with any human rights and supports a human rights approach to decision making
by Council. Council representatives will endeavour to act and make decisions under this report in
a manner that is compatible with huma rights. This report should be rea in conjunction with
Council’s Human Rights Policy.


CONCLUSION & REASONS FOR DECISION
This report has considered the Other Change made on 13 November 2023 to include an extension
to the existing clubhouse and the Minor Change received 27 February 2025 primarily involving the
deletion of Pavilion 5.
The introduction of the Club use and the associated amendments to the existing clubhouse raise
no concerns on the basis the clubhouse use was approved in 1999, the proposed changes do not
exceed the permissible plot ratio and adequate car parking is providing on site noting that the
increased use area primarily relates to additional storage.
The Minor Change has reduced the footprint of the development, increased the separation distance
from the Noosa STP and reduced the extent of tourist accommodation proposed within the Open
Space and Recreation Zone.


                                                                                    Page 12 of 13

Page 28

PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                            6 MAY 2025


The officer’s recommendation remains in support of the development and has required minor
amendments to previously recommended conditions to reflect updated plans and reports whilst the
condition requiring guests to be advised of the potential for odour from the sewage treatment plant
has been removed.

Departments consulted:

    Office of the CEO, Mayor &                Community Services              Corporate Services
            Councillors
     Mayor & Councillors                   Director                        Director
     Chief Executive Officer               Community Development           Financial Services
     Executive Officers                    Sport & Active Lifestyles       Fleet
     Community Engagement                  Arts & Culture                  Revenue Services
     People & Culture                      Community Connection            ICT
     Governance                            Customer Experience             Procurement
                                                                           Commercial Property
     Strategy & Environment                Development & Regulation         Infrastructure Services
     Director                          X   Director                        Director
     Strategic Land Use Planning       X   Development Assessment          Infrastructure Planning, Design
                                                                           and Delivery
     Economic     Development      &       Local Laws                      Civil and Asset operations
     Destination Management
     Environmental Services                Environmental Health        X   Waste
     Innovation & Digital Hub              Building & Plumbing             Building & Facilities
                                           Property / Permits              Disaster Management




                                                                                           Page 13 of 13

Page 29

                          ATTACHMENT 3 - MCU21/0110 - OFFICER REPORT 11 JULY 2023
            PLANNING & ENVIRONMENT COMMITTEE MEETING                                              11 JULY 2023


             5.1     MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE - BAR, FOOD, AND
                     DRINK OUTLET, OUTDOOR SPORT AND RECREATION, RESORT COMPLEX AT 61
                     NOOSA SPRINGS DRIVE, NOOSA HEADS


             Author                 Development Assessment Manager, Patrick Murphy
                                    Development & Regulation Department
             Index                  Application / MCU21/0110
             Attachments                1.   ATTACHMENT 1 - MCU21 0110 - PROPOSED CONDITIONS
                                        2.   ATTACHMENT 2 - MCU21 0110 - MANAGER DEVELOPMENT
                                             ASSESSMENT REPORT
                                        3.   ATTACHMENT 3 - MCU21 0110 - PROPOSAL PLANS




            EXECUTIVE SUMMARY
            The application seeks to develop a 106 room hotel on land within Noosa Springs, the hotel is to
            operate as an integrated development utilising the existing facilities at Noosa Springs Golf and Spa
            Resort.

            The site is split zoned, with both the Tourist Accommodation Zone and the Recreation and Open
            Space Zone applying to the site. The application of split zoning to the site was in response to the
            need for an odour buffer between future development and the nearby sewage treatment plant
            (STP). Supporting documentation has assessed the odour impacts of the STP to determine the
            appropriate building footprint and associated outdoor recreation areas. This material has been
            reviewed and supported by Council’s consulting odour expert with conditions recommended to
            address use of outdoor areas and ventilation of the building at its interface with the accepted odour
            limit. The built form has been sited within the determined footprint with some outdoor dining and
            recreational facilities proposed to be located outside of this area.

            The proposed built form is consistent with the prevailing built form within Noosa Springs and
            compliments the golf clubhouse and spa facilities which are located nearby. The building exceeds
            the height limit in limited areas due to the topography of the site and the large footprint which is
            anticipated in buildings providing resort accommodation.

            The built form extends over both zones with the extent of site cover not exceeding the combined
            amount permitted within the Tourist Accommodation Zone and Recreation and Open Space Zone.
            The extent of plot ratio over the whole site does not exceed the amount permitted under the Tourist
            Accommodation Zone.

            The application has also demonstrated compliance with the carparking, bushfire, and water
            quality/quantity requirements of the Noosa Plan whilst variations to setbacks are supported.

            The application is recommended for approval subject to conditions.
            RECOMMENDATION
            That Council note the report by the Acting Development Assessment Manager to the Planning &
            Environment Committee Meeting dated 9 My 2023 regarding MCU21/0110 development permit for
            material change of use for resort complex (106 rooms), food and drink outlet, bar and outdoor sport
            and recreation at Links Drive, Noosa Heads and:




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            PLANNING & ENVIRONMENT COMMITTEE MEETING                                            11 JULY 2023


            A. Approve the application in accordance with the proposed conditions detailed in Attachment 1.
            B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
            C. Find the following relevant to the assessment and sufficient reason to approve the application:
                  1. The current mapped Recreation and Open Zone, was a consequence of it not being
                     adequately demonstrated, at the time it was created, that further encroachment would not
                     result in amenity impacts on guests of a resort. The current application has reviewed the
                     potential for odour impacts of the nearby sewage treatment plant and has identified an
                     accurate and appropriate area for the development footprint to be located.




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                      ATTACHMENT 1 – MCU21/0110 – PROPOSED CONDITIONS
                              When Conditions must be Complied With
                      1.      Unless otherwise stated, all conditions of this Decision Notice must be complied with
                              prior to the use commencing, and then compliance maintained at all times while the
                              use continues.
                              Approved Plans
                      2.      Development undertaken in accordance with this approval must generally comply with
                              the approved plans of development. The approved plans are listed in the following table
                              unless otherwise amended by these conditions.

                               Plan No.      Rev.       Plan/Document Name                               Date

                               DA 1.00       13         Site Plan, prepared by Marchese Partners         09.02.2023

                               DA 1.01       13         Entry Link Level Plan, prepared by Marchese 09.02.2023
                                                        Partners

                               DA 1.02       13         Basement     Plan,   prepared   by   Marchese 09.02.2023
                                                        Partners

                               DA 1.03       11         Lower Ground Floor Plan, prepared by 09.02.2023
                                                        Marchese Partners

                               DA 1.04       11         Ground Level Plan, prepared by Marchese 09.02.2023
                                                        Partners

                               DA 1.05       11         Level 1 Plan, prepared by Marchese Partners      09.02.2023

                               DA 1.06       11         Level 2 Plan, prepared by Marchese Partners      09.02.2023

                               DA 1.07       11         Level 3 Plan, prepared by Marchese Partners      09.02.2023

                               DA 1.08       11         Roof Plan, prepared by Marchese Partners         09.02.2023

                               DA 1.12       3          Carpark Plans, prepared by Marchese Partners 09.02.2023

                               DA 2.01       12         Noth and East Elevation,         prepared    by 09.02.2023
                                                        Marchese Partners

                               DA 2.02       12         South and West Elevation, prepared by 09.02.2023
                                                        Marchese Partners

                               DA 2.03       3          Carpark Elevations and Section, prepared by 09.02.2023
                                                        Marchese Partners

                               DA 2.04       6          Tennis Courts, prepared by Marchese Partners 09.02.2023

                               DA 3.01       12         Building Sections, prepared by Marchese 09.02.2023
                                                        Partners

                               DA 3.02       10         Part 1 Sections, prepared by Marchese 09.02.2023
                                                        Partners




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                               DA 3.03       11         Part 2 Sections, prepared by Marchese 09.02.2023
                                                        Partners

                               DA 0.03       7          GFA Calculations, prepared by Marchese 09.02.2023
                                                        Partners

                               DA4.05        9          3D View – Building Entry, prepared by 09.02.2023
                                                        Marchese Partners

                               DA4.06        9          3D View – Pool View 1, prepared by Marchese 09.02.2023
                                                        Partners

                               DA4.07        9          3D View – Pool View 2, prepared by Marchese 09.02.2023
                                                        Partners

                               DA4.08        9          3D View – Looking North from Resort Drive, 09.02.2023
                                                        prepared by Marchese Partners

                               DA5.02        6          Accommodation Types, prepared by Marchese 09.02.2023
                                                        Partners

                               LCP2       – D           Landscape Concept Design Package prepared 08.02.2023
                               LCP23                    by Place Design Group

                               N/A           1          Terrestrial Ecology Assessment prepared by
                                                        Gondwana Ecology dated 26.02.2020 and as
                                                        amended by letter from Gondwana Ecology
                                                        dated 9 February 2023

                               N/A           4          Bushfire Hazard Assessment prepared by Rob
                                                        Friend & Associates dated 30.04.2022 and as
                                                        amended by the letter from Rob Friend and
                                                        Associates dated 10.02.2023

                               Plate 1                  Outdoor Use Areas – Time of Use Restrictions

                              Nature and Extent of Approved Use
                      3.      The approved resort units must be used for short term visitors only. The approved units
                              must not be occupied by persons for the purpose of permanent accommodation,
                              excluding those persons in a manager's residence for the premises. The requirements
                              of this condition must be included in the Community Management Statement for any
                              body corporate for the subject site.
                      4.      The approved uses and associated activities must not result in environmental
                              nuisances such as noise, visual or odour impacts that unreasonably diminish the
                              amenity of the area or surrounding uses.
                      5.      Service vehicle movements associated with non-residential uses on the premises
                              (including loading and unloading) must not occur outside the hours of 7am 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.
                      6.      Conferences and Functions must only occur within the existing Noosa Springs Golf
                              and Spa Resort.




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                              Currency Period
                      7.      This development approval lapses if the use has not happened by 20 July 2029 unless
                              an application to extend the currency period is approved by Council.
                              Ventilation
                      8.      All internal use areas of the accommodation use including hotel suites, common areas,
                              office, dining, bar and lobby areas shall be fully air-conditioned, allowing external
                              façade elements (doors and windows) to be closed if required. Fresh air makeup to the
                              air conditioning systems must be drawn from roof level locations located as far as
                              practical from the Noosa Wastewater Treatment Plant.
                      9.      Activated carbon filtration to be installed on all fresh air makeup locations of the
                              air conditioning systems and are regularly maintained to manufacturer specifications.
                              Outdoor Use Areas – swimming pools and tennis courts
                      10.     Use by guests and visitors of the tennis courts, is limited to the time period 6am to
                              10pm only.
                      11.     Use by guests and visitors of the swimming pools located to the north of the proposed
                              buildings as identified in Plate 1 (not including the outdoor area between the proposed
                              buildings) is limited to the time period 6am to 12am only.
                              Acoustic
                      12.     An updated acoustic report must be submitted to Council prior to the issue of an
                              Operational Works approval. The amended acoustic report must include
                              recommendations to address the impact on the residential amenity attributed to use of
                              the loading docks, including the noise associated with vehicles and trucks accessing
                              and using the loading docks. The recommendations of the acoustic report must be
                              implemented prior to the commencement of the approved uses.
                              Odour
                      13.     All guests must be advised of the potential for odour from the sewage treatment plant
                              to be noticeable.
                      14.     The operator must maintain an Odour Complain Management Plan, with the plan
                              including the internal management of any complaints from hotel guests. The Odour
                              Management Plan must be submitted to Council prior to the issue of an Operational
                              Works approval.
                              Built Form and Development Appearance
                      15.     The maximum height of the development must be in accordance with the approved
                              plans.
                      16.     Certification must be submitted to Council from a Licensed Surveyor which certifies
                              that the buildings do not exceed the maximum height requirement of this Decision
                              Notice.
                      17.     All air conditioning units or other mechanical equipment must be fully enclosed or
                              screened such that they are not visible from the street frontages nor adjoining
                              properties.
                      18.     All deck and balcony areas above ground floor must not be enclosed by permanent
                              fixtures such as shutters, louvres, glass panelling or the like.
                      19.     The development must incorporate the colour scheme and proposed mix of building
                              materials as outlined in the approved plans.
                      20.     Any security screens on the premises consist of grille or translucent screens and not
                              solid shutters, screens or roller-doors.
                      21.     All mechanical equipment and other service infrastructure located on the site must be:




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                              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.
                      22.     No part of the site may be used for outdoor storage of materials.
                              Performance Bond
                      23.     Security in the form of a cash bond or trading bank guarantee to the sum of $200,000
                              must be submitted to Council, to secure performance of all conditions of this approval,
                              prior to pre-start meeting. The cash bond or trading bank guarantee will be returned on
                              performance of the conditions of approval less any costs incurred by Council in respect
                              of enforcing performance of this permit. Council reserves the right to call upon the bond
                              or guaranteed sum to effect compliance with conditions.
                              Tennis Court Fencing
                      24.     Tennis court fencing must be comprised of black powder coated posts and rails with
                              black PVC coated chain wire mesh, or the like.
                              Tennis Court Light Spillage and Glare
                      25.     Lighting must be directed onto the site and away from neighbouring properties.
                      26.     The level of light emanating outside the property must not exceed an illumination level
                              of 12 lux nor an average of 10 lux when measured 3 metres outside the property
                              boundary.
                      27.     The light fittings must be baffled to ensure that a light source is not directly visible from
                              the habitable room window of an adjoining property.
                      28.     All light readings are to be taken in a horizontal plane at a height of 1000mm above
                              ground level.
                              Tennis Court Operating Hours
                      29.     Tennis courts must not be illuminated after 10.00p.m. nor before 7.30 a.m.
                              Structural Stability
                      30.     All lighting support columns must be manufactured from galvanised steel.
                      31.     The pole height shall not exceed 8 metres.
                      32.     The pole and associated concrete footing design must be engineer certified to support
                              the light fitting and to withstand wind loads appropriate to the terrain classification.
                              Tennis Ball Machines
                      33.     Machines which operate on the air compression principle must not be used after 7.00
                              p.m. nor before 8.00 a.m.
                      34.     Silent running machines which operate at a noise level not exceeding 10 decibels
                              (when measured at the property boundary) must not be used after 10.00 p.m. nor
                              before 7.30 a.m.
                              Public Safety
                      35.     During operating hours, all parking areas, pedestrian areas and entrances/exits to all
                              stairwells, lifts, 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 of the bicycle/ scooter parking and bin storage area.




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                      36.     After hours access to loading docks, storage areas and the basement carpark
                              (including the vehicle ramp and all stairwells) must be restricted by a security gate,
                              lockable doors and/or other suitably appropriate means. The basement carpark must
                              be kept closed and locked at all times while the use is not operating.
                              Community Management Statement
                      37.     Any proposed Community Management Statement required for the development
                              pursuant to the Body Corporate and Community Management Act 1997 must be
                              submitted to Council for endorsement at the same time as submission of the Building
                              Format Plan (or similar) to Council for compliance assessment.
                      38.     All clauses and by-laws of the proposed Community Management Statement must
                              accord with the requirements of this Decision Notice.
                              Water & Sewer Connections
                      39.     An underground connection to reticulated water and sewerage must be provided to the
                              development site in accordance with the standards and requirements of Northern SEQ
                              Distributor–Retailer Authority (Unitywater).
                      40.     A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
                              (Unitywater) must be submitted to Council that certifies an underground connection to
                              reticulated water and sewerage has been provided to the development site.
                      ENGINEERING/TRAFFIC
                              Site Access and Driveways
                      41.     A sealed access driveway must be provided from the internal service road 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.        a driveway crossover in accordance with Council’s standard drawing RS-051 and
                                        respective addendum; and
                              b.        suitable safety measures, including warning signage, to improve driver
                                        awareness of pedestrians and enhance pedestrian safety. Warning signage must
                                        be provided near the exit ramp from the underground parking area to warn
                                        motorists of pedestrian movement along the frontage street.
                              Car Parking
                      42.     Car parking must be provided in accordance with the approved plans and as amended
                              by the conditions of this approval. The works must be undertaken in accordance with
                              an Operational Works approval.
                      43.     The parking layout is to be in accordance with the requirements of AS/NZS 2890.1-
                              2004
                      44.     Provision of vandal resistant public lighting with intensities to satisfy the requirements
                              of Australian Standard AS1158: Public Lighting Code;
                      45.     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.
                      46.     Directional signage must be provided to direct visitors and customers to the car parking
                              spaces provided on site.
                              Security Access to Carpark
                      47.     Where access to the carpark is proposed to be restricted by a security gate, provision
                              must be made for queuing of vehicles clear of the roadway while waiting for the security
                              gate to open.




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                      48.     Where a secure carpark services a commercial use on the site, the security gate must
                              remain open at all times while commercial uses on the site are open for business. The
                              requirements of this condition must be included in the Community Management
                              Statement for anybody corporate for the subject site.
                              Service Vehicles
                      49.     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.
                              Pedestrian and Bicycle Facilities
                      50.     Pedestrian and bicycle facilities must be provided for the development. The works must
                              include in particular:
                              a.        signage and lighting at strategic locations to direct people to building entries and
                                        public toilet facilities;
                              b.        a total of 53 bicycle parking spaces; and
                              c.        end of trip facilities involving 27 lockers, 6 showers and change rooms within the
                                        development.
                      Water quality and quantity
                      51.     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 the Queensland Urban Drainage Manual
                      52.     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
                              Bioretention Technical Design Guidelines (Water by Design, 2012), and must include
                              in particular:
                              a.        stormwater quality treatment devices of a size and location generally in
                                        accordance with those shown in Drawing No. C6070/20/P07 prepared by Walsh
                                        Consulting Engineers dated 26/10/2021, with the exception of the following:
                                        i.    Bioretention filter area is to be increased in size to the area stated for
                                              bioretention surface area on the above referenced plan
                              b.        bioretention devices which:
                                        i.    are designed generally in accordance with IPWEQA Standard Drawing
                                              No.s DS-073, DS-075 and DS-076
                                        ii.   are provided with a free-draining outlet from the sub-soil drainage system
                      53.     Permanent educational signage* must be erected to educate the residents of /
                              customers to the development about the function of the bioretention device(s). The
                              dimensions, standard, presentation and location of the educational signage must be in
                              accordance with an Operational Works approval.
                      54.     All stormwater quality treatment devices must be maintained in accordance with the
                              Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The
                              approved Operational Works drawings for the stormwater quality treatment system and
                              detailed life cycle costing of the system must be attached as an addendum to this
                              document. Records of all maintenance activities undertaken must be kept and made
                              available to Council upon request.
                      55.     Operating roof water 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 135,000 litres
                              b.        a catchment of not less than 2,800m2 of the building roof area


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                              c.        re-use of harvested stormwater for non-potable outdoor uses including irrigation
                                        of landscaped areas and swimming pool top-up
                      56.     Certification must be submitted to Council from a qualified person which certifies that
                              the stormwater harvesting tanks and associated reticulation has been installed in
                              accordance with the requirements of this Decision Notice.
                              Acid Sulfate Soils
                      57.     An Acid Sulfate Soil Management Plan must be prepared and submitted with the
                              Operational Works application for the site. The acid sulfate management plan must
                              include testing, monitoring and treatment requirements for the works.
                              Services
                      58.     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.
                      59.     Certification must be submitted to Council from all relevant service providers (Energex,
                              NBN and Unitywater which certifies that the development has met the requirements of
                              this Decision Notice and all applicable legislation at the time of construction.
                              Easements
                      60.     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.
                      61.     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.
                      62.     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
                      63.     All excavation, fill, soil retaining structures 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.
                      64.     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
                      65.     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.




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                      LANDSCAPING
                              Landscaping Works
                      66.     The development site must be landscaped in accordance with a Council endorsed
                              landscape package prepared by a qualified person*. 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 works shown on the Approved Landscape Concept Design Package Plans,
                                        with the exception of:
                                        i.     extending ‘31. Turf - no plantings with 5 metres of building’ as annotated
                                               by Council;
                              b.        a Landscaping Plan and Plant Pallet including hard and soft plant percentages,
                                        plant numbers, planting locations, pot sizes and whether Noosa Native,
                                        Australian Native or Exotic;
                              c.        a Landscape Management Plan including (but not limited to):
                                        i.     landscape design principles for bushfire hazard areas in Part 5 of Bushfire
                                               Resilient Building Guidance for Queensland Homes (QRA 2020);
                                        ii.    Certification from a qualified* person ensuring the Landscape Management
                                               Plan complies with the design principles in the Part 5 of Bushfire Resilient
                                               Building Guidance for Queensland Homes (QRA 2020) and the Bushfire
                                               Management Plan.
                                        iii.   Management of branches overhanging building envelopes.
                              d.        clear integration of the Bushfire requirements and recommendations identified
                                        within the approved Bushfire Hazard Assessment Report & Mitigation Plan
                                        version 4 dated 30 April 2022, and as amended by the Further Advice letter from
                                        Rob Friend and Associates Pty Ltd dates 10 February 2023, including
                                        landscaping treatments where maximum distances are permitted including:
                                        i.     a band of vegetation up to 20m wide along Resort Drive is to contain 100%
                                               less flammable plant species;
                                        ii.    the remaining area greater than 20m from Resort Drive can contain no less
                                               than 50% less flammable plant species in the understory and groundcover;
                                               and
                                        iii.   regular maintenance of groundcover and understorey to reduce
                                               flammability within the landscaped area.
                              e.        clear integration of the landscaping recommendations, for the purpose of odour
                                        mitigation, identified in the Katestone report dated December 2020.
                              f.        A vegetated buffer of a height that avoids line of sight contact with the Sewage
                                        Treatment Plant from any place or structure on the development site to Council’s
                                        satisfaction.
                              g.        Both sides of Resort Drive Road Reserve between the intersections of Links
                                        Drive and Lakeview Rise must be rehabilitated and revegetated in accordance
                                        with the landscaping recommendations of the approved Bushfire Hazard
                                        Assessment and Mitigation. The works must be undertaken in accordance with
                                        an Operational Works approval.
                              h.        Details of water quality treatment device plantings with a minimum of five plant
                                        species and a plant density of 8 plants per square meter;
                              i.        Details of all fencing and gates (including but not limited to height, construction
                                        type, materials);




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                              j.        Details of tree protection methods provided by a qualified person* to be engaged
                                        to protect trees identified within the conditions of this approval in particular
                                        vegetation located within the mapped Koala Habitat Area to the north of the
                                        development site.
                              k.        Native trees of a minimum pot size of 100L to replace existing trees to be
                                        removed from the site, at the rate of 1 replacement tree for every tree removed
                                        that has a diameter greater than 200mm measured at 1.2 metres from ground
                                        surface level.
                              l.        Vegetated screening of any electrical transformers, bin storage areas and the
                                        like from the road frontage.
                              m.        Vegetation offsets in accordance with the recommendations Gondwana Ecology
                                        letter dated 9 February 2023.
                      67.     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.
                      68.     Control of all weeds species listed in the following standards and legislation:
                              a.        Declared plants under the Land Protection (Biodiversity Act 2014 and sub-
                                        ordinate Regulation 2016).
                              b.        Noosa Local Government Area Pest Management Plan 2015-2019.
                              c.        Undesirable Species as listed in Planning Scheme Policy 3 Landscaping Plants
                                        and Guidelines.
                      69.     All entry statements, fences, retaining walls and buffer/screen plantings must be
                              located entirely within private land and not within the public road reserve.
                              Treatment of Temporarily Vacant Land
                      70.     Where some or all of the land remains vacant or undeveloped for more than 3 months,
                              or buildings are demolished and redevelopment is delayed for more than 3 months, the
                              following works must to be carried out:
                              a.        the site must be cleared of all rubble, debris and demolition materials
                              b.        the site must be graded to prevent ponding (to the same level as the adjoining
                                        footpath wherever practicable), turfed and mown at a minimum 3 weekly intervals
                              c.        the site must be landscaped with perimeter planting consisting of advanced
                                        specimens of fast growing tree species
                              d.        the site must be maintained to ensure no nuisance to adjacent premises, roads
                                        or footpaths
                              e.        where fencing is installed to secure boundaries:
                                        i.     the fencing must be durable and not capable of being pushed or blown over
                                        ii.    the fencing type must not detract from local amenity (barbed wire is not
                                               acceptable)
                                        iii.   vandalism must be promptly repaired and any graffiti removed.
                              Retention of Existing Trees
                      71.     Existing trees on the development site and in the road reserve must be retained in
                              accordance with an Arborist Report (or part thereof) prepared by a qualified person*
                              and endorsed through an Operational Works approval. The Arborist Report must
                              include:




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                              a.        Tree removal/retention plan that includes all native trees and identifies in
                                        particular all native trees to be removed with a diameter greater than 200mm
                                        measured at 1.2m from ground surface level.
                              *(Refer to Advisory Note)
                      72.     Vegetation identified as not approved for removal within ‘Attachment E - Tree Removal
                              Plan’ within the approved Terrestrial Ecological Assessment report, and as amended
                              by the letter, attached plans and tree survey prepared by Gondwana Ecology dated 9
                              February 2023, must be protected.
                      73.     The trees identified for retention in the conditions of this approval must be maintained
                              in good health for the life of the tree.
                              Vegetation Removal
                      74.     ‘Attachment E - Tree Removal Plan’ within the approved Terrestrial Ecological
                              Assessment report and as amended by the letter, attached plans and tree survey
                              prepared by Gondwana Ecology dated 9 February 2023 identifies the vegetation
                              approved for removal.
                      75.     Any removal of vegetation must be in accordance with the conditions of this approval.
                              Land Rehabilitation
                      76.     The land area containing retained vegetation is required to be rehabilitated with local
                              native species suitable for the area and the species selection consistent with the
                              naturally occurring species in the area whilst maintaining compliance with bushfire
                              conditions within this approval. The works must be undertaken in accordance with an
                              Operational Works approval.
                      77.     A Vegetation Management and Rehabilitation Plan is to be prepared by a qualified
                              person* and submitted for approval as part of the operational works application. This
                              plan must include (but not limited to):
                              a.        Existing remnant vegetation protection;
                              b.        Vegetation rehabilitation;
                              c.        Weed management; and
                              d.        Performance outcomes and how and when they are to be achieved.
                      78.     A “no clearing zone” must be established and maintained over the area identified as ‘1
                              – Existing Remnant Vegetation to be retained with weed management implementation’
                              within the Landscape Concept Design Package plan LCP5 listed within this Decision
                              Notice. With the exception of the trees approved to be removed in the conditions of this
                              approval. The following activities must not be carried out within the no clearing zone:
                              a.        clearing, cutting down, poisoning, lopping or pruning of native vegetation which
                                        is indigenous to, or planted within, the zone
                              b.        soil/spoil dumping and/or compacting
                              c.        soil excavation, other than for planting indigenous native plants.
                              The following exceptions apply:
                              a.        declared plants under the Land Protection (Pest and Stock Route Management)
                                        Act 2002 and sub-ordinate Regulation 2003, and any Council Listed
                                        Environmental Weeds, Exotic Grasses and other plants identified in writing by
                                        Council
                              b.        indigenous native trees which pose a well-founded threat to persons or property
                                        as approved in writing by Council
                              c.        controlled bushfire burns to maintain ecological processes subject to submission
                                        of a Bushfire Management Plan and agreed in writing by Council.



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                              Fauna Management
                      79.     Vegetation must only be removed or disturbed in accordance with a Fauna
                              Management Plan (or part thereof) prepared by a qualified person* and endorsed
                              through an Operational Works approval.
                              *(Refer to Advisory Note)
                      80.     Permanent artificial nesting boxes must be installed within the Koala Habitat (Core) to
                              provide compensatory habitat for arboreal mammals and hollow dependent avian
                              species. The works must be undertaken in accordance with an Operational Works
                              approval.
                              Bushfire Management
                      81.     The development must be carried out in accordance with the approved Bushfire Hazard
                              Assessment Report & Mitigation Plan version 4 dated 30 April 2022, and as amended
                              by the Further Advice letter from Rob Friend and Associates Pty Ltd dated 10 February
                              2023, listed within this Decision Notice, with the exception of the following:
                              a.        Establishment of an additional evacuation point offsite within the golf course that
                                        is separated from buildings and is located outside of identified bushfire hazard
                                        prone areas or potential impact buffer.
                              The report must be resubmitted to Council incorporating the above amendments prior
                              to the issue of any Development Permit for Operational Works.*
                              *(Refer to Advisory Note)
                      82.     Certification must be submitted to Council from a qualified person* which certifies that
                              the development has been constructed in accordance with the bushfire management
                              conditions of this Decision Notice. *(Refer to Advisory Note)
                      83.     Certification must be submitted to Council from a qualified Person which certifies that
                              the development is sufficiently serviced by reticulated water with hydrant standpipes,
                              in ground hydrants and water pressure to meet firefighting needs in an emergency.
                      84.     A copy of the Bushfire Hazard Assessment Report & Mitigation Plan and evacuation
                              procedure listed within this Decision Notice must be provided to the nearest fire
                              authority.
                              *(Refer to Advisory Note)
                      WASTE DISPOSAL
                      85.     Prior to the issue of any Operational Works approvals for this development an
                              Operational Waste Management Plan must be submitted to Council. The Waste
                              Management Plan must be in accordance with the Waste management Code and
                              Planning Scheme Policy 9 - Waste Management.
                      86.     The developer must provide waste storage and disposal facilities in accordance with
                              Planning Scheme Policy 9 - Waste Management. The facilities must include an
                              impervious area, within the site, correctly sized for all refuse and recycling containers
                              and suitably screened from public places and neighbouring properties. A bin wash area
                              is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket
                              trap. The drain outlet must be designed to prevent storm water entry to the sewerage
                              system.
                      87.     Refuse containers must be provided in accordance with the requirements of the
                              Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
                              Regulation 2000, for the storage and collection of refuse.
                      88.     Storage, disposal and management of solid, liquid and vegetative waste is conducted
                              in a safe and ecologically sustainable manner without environmental nuisance. In this
                              regard, vegetated waste must be disposed of via a green waste bin or at a local transfer
                              station.



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               ATTACHMENT 2 – MCU21/0110 - MANAGER DEVELOPMET ASSESMENT REPORT


                  APPLICATION DETAILS

                  Applicant                   Noosa Springs Real Estate Pty Ltd

                  Proposal                    Material Change of Use - Bar, Food and Drink Outlet, Outdoor
                                              sport and recreation, Resort complex

                  Properly Made Date          22 June 2021

                  Information Request Date    23 July 2021

                  Information Response Date   24 November 2021

                  Decision Due Date           10 June 2022

                  Number of Submissions       442 objections and 1 support - 395 properly made


                  PROPERTY DETAILS

                  Property Address            61 Noosa Springs Drive Noosa Heads Qld 4567

                  RP Description              Lot 4 SP 178340

                  Land Area                   38,055m²

                  Existing Use of Land        Noosa Springs golf club house, tennis courts and day spa


                  STATUTORY DETAILS

                  SEQRP Designation           Urban Footprint

                  Zone                        Tourist Accommodation Zone
                                              Recreation and Open Space

                  Precinct                    Not applicable

                  Local Plan Area             Noosa Heads Local Plan Area

                  Overlays                    Land Subject to Acid Sulfate Soils
                                                 - Above 5 metres AHD to 20m metres AHD
                                              Biodiversity, Waterways and Wetlands Overlay
                                                 - Area subject to Biodiversity Overlay
                                              Bushfire Hazard Overlay
                                                 - High Potential Bushfire Intensity
                                                 - Potential Impact Buffer
                                              Landslide Hazard Overlay
                                                 - High Hazard Area
                                                 - Moderate Hazard Area

                  Assessment Type             Impact



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               REPORT
               1.     PROPOSAL
               It is proposed to develop a hotel that has been designed to be integrated with the Noosa Springs
               clubhouse and spa complex, creating a destination with extensive recreation and leisure facilities
               The hotel comprises of 106 room 5-star boutique hotel which is to be constructed over 6 levels and
               will include (as advised by the applicant):
               •      A variety of accommodation types:
                      o 98 standard rooms
                      o 6 premium suites
                      o 2 presidential suites
                      The rooms have generous balconies or terraces and have various orientations and
                      outlooks. Some rooms have direct access to a resort swimming pool from terraces. The
                      rooms do not have kitchens or other facilities that would make them self-contained.
               •      Basement car parking
               •      Café and bar - An island bar and lounges will provide guests with a place to meet and
                      socialise. It is located to provide expansive views over the swimming pool and recreation
                      areas
               •      Outdoor pool area - The hotel swimming pools and recreation area has been designed to
                      provide guests with an appealing alternative to the beach. The split level, free form pool is
                      a central feature of the hotel.
               The existing four (4) tennis courts will need to be demolished to locate the hotel buildings. It was
               originally proposed to construct new tennis courts near the northern boundary of the site.
               However, due to concerns being raised regarding the ecological attributes of this area, the
               applicant has relocated the tennis courts above a car parking area. A small amenity building is
               proposed near the tennis courts to provide a toilet and other services. The applicant has advised
               that the tennis courts and facilities will continue to be used by members upon completion of the
               development and the tennis professional will continue to provide tuition to school children and
               others.
               It is proposed to expand and upgrade the back of house facilities of the Noosa Springs clubhouse
               in conjunction with the hotel development. The clubhouse kitchen will operate as the production
               kitchen for both the hotel and the clubhouse restaurant and function rooms. The Noosa Springs
               restaurant and bar is intended to be upgraded so it can provide high quality, efficient food and
               beverage services. The clubhouse restaurant will provide the main dining facilities and services for
               hotel guests. A separate development approval already exists for the clubhouse, a future minor
               change application will be made to this approval to enable the works.
               Access to the site will be via Links Drive with some car parking provided to the north of the proposed
               porte cochere and additional car parking provided within a basement and a two-level car park
               adjacent to the golf course. Overflow areas are available to the south and north of pavilions 3 and
               5 respectively. A loading dock is proposed to be accessed via Resort Drive.
               The development generally does not exceed 3 storeys however a minor portion of the building is
               4 storeys.
               The site is subject to split zoning, approximately 23,447m2 is zoned Tourist Accommodation Zone
               whilst the remining 14,608m2 is zoned Recreation and Open Space Zone. The development is
               situated across both zones with the built form situated within both zones.
               The following images provide a Locality Plan and plans of the proposed development, the proposal
               plans are included as Attachment 3.




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                                        Figure 1 – Locality




                                        Figure 2 – Site Plan




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                                        Figure 3 – Elevations




                                        Figure 4 – Elevations




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                                         Figure 5 – Development footprint with zones overlaid

               2.     SITE DETAILS
               2.1. Background
               Noosa Springs is master planned as a high-quality residential and resort destination that
               comprises:
               •    299 residential dwellings
               •    42 apartments of The Fairways
               •    18-hole championship golf course
               •    Clubhouse complex including restaurant, bars, function rooms, pro shop/retail outlet, day spa,
                    fitness centre with heated lap pool
               •    Synthetic grass tennis courts
               Parkridge Noosa is located adjacent to Noosa Springs with the majority of the dwelling units able
               to be used as either permanent residential living or short-stay accommodation, dwelling units in
               the south-eastern corner of the development may only be used for short term accommodation. The
               apartments have been strata-titled and separately owned and appear to be mostly occupied on a
               permanent basis. There has long been strategic intent for visitor accommodation to be provided at
               Noosa Springs. With the development of Parkridge being occupied predominately on a permanent
               basis, this site was identified as suitable for visitor accommodation.
               2.2. Site Description
               The site address is Links Drive, Noosa Heads. The land has a broad frontage to Resort Drive,
               Noosa Heads and the development site is part of Lot 4 on SP 178340 comprising 3.804 hectare.
               The Noosa Plan zoning map designates part of the land within the Recreation and Open Space
               zone (14,608m2) and the balance in the Tourist Accommodation zone (23,447m2).
               The proposed hotel site is located on the western slopes of a high sand dune that extends along
               the eastern side of the Noosa Springs property. The slope of the ridgeline varies across the site.




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               2.3. Surrounding Land Uses
               Existing related uses are located near the proposed hotel site and include: Noosa Springs Boutique
               Hotel. The main clubhouse complex, day spa and the fitness centre (with 25 metre heated lap
               swimming pool) are located on lower levels of the ridge. A carpark comprising 3 tiers is located
               adjacent to the clubhouse/spa complex. Heavily vegetated vacant land is situated to the north and
               east of Resort Drive owned by the Noosa Council. The land on the southern side of Resort Drive
               has been developed as Parkridge Noosa.
               A sewage treatment plant is located approximately 220 metres from the norther boundary of the
               subject site.
               3.     ASSESSMENT
               3.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •    State Planning Policy;
               •    South East Queensland Regional Plan;
               •    Planning Regulation 2017;
               •    Noosa Plan 2020.
               3.2. State and Other Statutory Instruments
               State Planning Policy
               Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
               SPP raises no further issues relevant to the proposed development.
               It is noted that the State interest - emissions and hazardous activities seeks to protect sewage
               treatment plants from encroachment by development that would compromise the ability of the
               sewage treatment plant to function safely and effectively. As noted in the Odour section of this
               report the applicant has demonstrated that the siting of the use is appropriate in context of potential
               odour emissions from the sewage treatment plant.
               South East Queensland (SEQ) Regional Plan
               The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
               with the regional policies of the SEQ Regional Plan.
               Planning Regulation 2017
               The following assessment benchmarks from the Planning Regulation 2017 apply to the application:
               •    Koala Habitat Area
               The proposal is for urban activity within the Urban Footprint and is consistent with the assessment
               benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
               3.3. Statutory Instruments – Planning Scheme
               The application must be assessed against the whole of Noosa Plan 2020 to the extent the
               provisions are relevant to the development.
               Locality Provisions
               The subject site is located in the Noosa Heads Local Plan Area and is subject to 2 zones being the
               Tourist Accommodation Zone and Recreation and Open Space Zone. The proposed use is
               identified as a consistent use within the Tourist Accommodation Zone and an inconsistent use
               within the Recreation and Open Space Zone and is required to follow an impact assessable
               application process.
               The applications compliance and pertinent issues arising out of the assessment are discussed
               below:




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               Use
               Under the superseded planning scheme, the full extent of the site was zoned Open Space
               Recreation. The Noosa Plan 2020 amended the sites zoning such that it in part preserved the
               recreation and open space intent for the site and introduced the Tourist Accommodation Zone to
               a significant portion of the site.
               The proposed use is a consistent use within the Tourist Accommodation Zone however it is an
               inconsistent use within the Recreation and Open Space Zone. The application of split zoning to
               the site was to enable to development of tourism accommodation in this area and the boundary
               was in response to the need for an odour buffer between future development and the nearby
               sewage treatment plant (STP). The purpose of the odour buffer is to ensure that future
               development is not adversely impacted by the odour from the STP and that any future development
               does not result in complaints to the relevant authority. The existing buffer, which is a result of the
               existing split zoning, was a consequence of it not being adequately demonstrated, at that time, that
               further encroachment would not result in amenity impacts on guests of a resort. The current
               application has included an odour report which has been reviewed by Council’s expert external
               consultant, this report and subsequent review has identified suitable areas for development with
               regards to potential amenity impacts from the STP. The extent of area demonstrated to be outside
               of the buffer area is approximately 28,000m2 which is larger than the existing 23,447m2 of Tourist
               Accommodation Zone.
               It is noted that the land included in the Recreation and Open Space Zone is outside of the Urban
               Boundary. Consequently, part of the proposed hotel is located outside the Urban Boundary. The
               entire site was within the Noosa Plan 2006 urban boundary however this boundary was amended
               to align with the extent of the Tourist Accommodation Zone when the site became split zoned under
               the Noosa Plan 2020. As discussed above, the Tourist Accommodation Zone was established at
               the time based on initial information about the potential odour impacts and for the purpose of
               creating separation from the STP.
               The Urban Boundary, which forms part of the Noosa Plan 2020, is different from the Urban
               Footprint, which forms part of the of SEQ Regional Plan mapping. The following image details both
               the Urban Boundary and the Urban Footprint.




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                            Figure 6 – Urban Boundary (Noosa Plan 2020) and Urban Footprint (SEQ Regional Plan)

               Detailed odour assessment was not done at the time. Notwithstanding, the proposed resort is
               consistent with the higher order planning outcomes sought under the Noosa Plan’s Strategic
               Framework, the Noosa Plan 2020 specifically sought the development of tourist accommodation
               in this part of Noosa Springs by introducing the Tourist Accommodation Zone. At that time the need
               for visitor accommodation within Noosa Springs was recognised, primarily on the basis of how the
               broader site was being developed with limited visitor accommodation having been provided.
               Accordingly, the draft scheme was amended to include the new Tourist Accommodation Zone
               and for that area to be within the Urban Boundary. The extent of gross floor area, inclusive of the
               proposed resort and the existing buildings on site, is less than what is permitted within the
               existing mapped Tourist Accommodation Zone area. A total gross floor area of 10,208m2 is
               proposed, the Noosa Plan 2020 permits up to 15,240m2 of gross floor area in the Tourist
               Accommodation Zone. In this regard, the scale of development is consistent with the extent of
               development anticipated to be developed within the existing Urban Boundary. It is anticipated
               that both the zoning and the extent of the Urban Boundary would be amended in the future
               should the application be approved.
               The proposed Food and Drink Outlet is ancillary to the Resort Complex and will primarily be used
               by guests of the hotel. The Noosa Plan’s definition of a Resort Complex includes integrated leisure
               activities (….bars, meeting and function facilities, restaurants, sporting and fitness facilities). The
               inclusion of these land uses within the Resort Complex is consistent with the anticipated uses




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               within a resort complex and establishes a logical connection with the existing resort facilities on
               the site.
               Odour
               An odour report was submitted with the application, the purpose of the report was to determine
               the potential for odour impacts on the proposed hotel due to the Noosa Wastewater Treatment
               Plant. The development site is located within approximately 220 metres of the STP. The
               accommodation buildings are located approximately 270 metres from the existing Noosa STP
               infrastructure.
               The odour impact assessment report was prepared on the basis of site-specific odour monitoring
               conducted at the STP and use of meteorological and dispersion modelling to assess resultant
               odour levels at the proposed development site.
               The odour assessment adopted the Queensland Odour Guideline odour criterion of 2.5 Odour
               Units, 1 hour average, 99.5%ile which is considered the appropriate basis for assessment, and
               notably the benchmark considered in Planning and Environment Court appeals. The criterion
               requires the prescribed odour concentration to be achieved 99.5% of the time, being measured at
               one-hour intervals.
               Council’s consulting odour expert reviewed the development application odour report and the
               response to information request and considers that the reporting provides adequate assessment
               for the purpose of understanding the potential odour impact of the STP upon the proposed
               development. The application material has demonstrated the proposed buildings and pool and
               communal area between the buildings comply with the odour criterion at all hours of the day. The
               swimming pools and tennis courts comply between 6am to 12am and 6am to 10pm respectively.
               Conditions establishing times which these areas can be used were proposed by Council’s external
               consultant, the times are reflective of the hours which the areas comply with the odour criterion.
               The conditions are included within the recommendation of this report.
               Comments by Council’s consulting odour expert include:
                      This further peer review of the odour impact assessments, modelling and information
                      responses identifies that odour from the Noosa STP does impact upon the proposed
                      development and that exceedance of the 2.5 OU 1 hour 99.5%ile criterion will occur in
                      outdoor areas to the North of the proposed accommodation buildings and compliance is just
                      achieved at the facades of the proposed buildings nearest the STP.
                      The development is proposed to be located in relatively close proximity to the STP and, on
                      this basis, appropriate care and consideration is necessary to ensure that future
                      development does NOT:
                      (i) Experience excessive odour impact leading to potential complaints; and
                      (ii) Does not result in an unacceptable reverse amenity constraint upon the existing and
                      future operation of the WWTP (on the basis of potential odour complaints).
                      Given that the odour assessment identifies compliance in some outdoor areas (pool,
                      gardens and tennis court) is not achieved at all times, and that compliance is only achieved
                      on the basis of limited hours of use of these outdoor areas it is considered appropriate to
                      limit, by way of conditions, the hours of use (access) of certain outdoor areas to prevent
                      potential adverse odour experiences and complaints by guests.
                      Further, as the odour impact assessment identifies that 2.5 Odour Unit, 1 hour 99.5%ile is
                      predicted just external the façade of the nearest accommodation buildings, it is considered
                      appropriate to include conditions requiring accommodation use areas be fully air-
                      conditioned and that outdoor fresh makeup air to the rooms be drawn from locations as
                      distant from the STP as practical.
                      The requirement for disclosure of the potential for odour to guests should also be
                      considered to minimise the potential for complaints about perceived odour.




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                      It is thus our finding that odour impacts upon the development can be acceptable but only
                      on the basis of limiting hours of use of outdoor areas nearest the STP and provision of
                      suitable airconditioning to building internal areas with fresh air makeup drawn from
                      locations as far as practical from the STP. Further, the approval of the development does
                      increase the reverse amenity constraint upon the lawful operation of the STP due to
                      introducing additional sensitive receptors in closer proximity to the STP than existing
                      receptors and it is for this reason that specific conditions relevant to odour are necessary
                      as part of any development approval.
                      The suggested conditions are provided below:
                      Building Design - Ventilation
                      All internal use areas of the accommodation use including hotel suites, common areas,
                      office, dining, bar and lobby areas shall be fully airconditioned, allowing external façade
                      elements (doors and windows) to be closed if required. Fresh air makeup to the
                      airconditioning systems must be drawn from roof level locations located as far as practical
                      from the Noosa Wastewater Treatment Plant.
                      Outdoor Use Areas – swimming pools and tennis courts
                      Use by guests and visitors of the tennis courts, is limited to the time period 6am to 10pm
                      only.
                      Use by guests and visitors of the swimming pools located to the north of the proposed
                      buildings as identified in Plate 1 (not including the outdoor area between the proposed
                      buildings) is limited to the time period 6am to 12am only.
               On the basis of the reporting provided by the applicant and the recommendations of the review by
               the consulting odour expert the potential impacts of odour from the STP have been adequately
               addressed in the design of the development. Conditions have been provided which address when
               it is appropriate to use external areas, how ventilation is to be provided in those parts of the building
               which abut the identified odour line and the implementation of vegetated buffers.
               During the assessment of the application advice was sought from Unitywater, noting that
               Unitywater are not a referral agency for the application. Unitywater raised the following concerns
               with the application:
               a.     Existing use and surroundings
                      The existing format of the Noosa Golf and Spa Resort is consistent with the nearby pre-
                      existing Noosa Sewage Treatment Plant (STP) because it is currently just far enough away
                      from the facility not to be adversely impacted by the odour of the STP.
                      Unitywater complies with its licence obligations in respect of the odour management at the
                      STP. Odour nuisance has not been a concern at this STP with the current configuration of
                      the Noosa Golf and Spa Resort.

               b.     Proposed change to use
                      The proposed material change of use includes a significant increase in the scale of the
                      Noosa Golf and Spa Resort including outdoor amenities and open-air sporting facilities as
                      well as restaurants and bars.
                      The proposed footprint of these proposed new amenity would be within the radium from the
                      STP where it will be impacted by odour.
                      The mitigation factors proposed by the Developer do not include any scientifically proven
                      barrier to odour. Whilst they may improve the visual amenity, they will have no impact on
                      the odour management.
                      Further the Katestone modelling performed in 2016 do not take into account the change in
                      population and development of this areas in the intervening 6 years.
                      To support this position, we attach:




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                      ii.   Memorandum of Unitywater engineer.
                      iii. Report by Paul King of MWA Environment dated 7 January 2022.
               c.     Impact on the community
                      Should the proposed material change of use be approved, the likely impact is that it will
                      result in an environmental nuisance at a sensitive place under the Environmental
                      Protection Act 1994 which could result in a prosecution of Unitywater. This will force
                      environmental studies by Unitywater, and likely very expensive modifications to be made
                      the Noosa STP which will ultimately be a cost borne by the rate payers of the Noosa
                      Council through their water bills.
               These concerns were provided to both the applicant and the consulting odour expert who
               advised:
                    It is my opinion that the concerns of Unitywater are validly held and that approval of the
                    development has the potential to result in odour complaints and these may have the
                    potential to result in constraint upon the operations of the STP. However, this must be
                    considered in regard of the odour predictions which do show compliance of the built form of
                    the development with acceptable odour levels (albeit right on the 2.5OU criterion limit). On
                    the basis that the Katestone predictions are accurate, there would be no basis for a valid
                    odour complaint from the accommodation building use to affect the lawful operation of the
                    STP. The Unitywater concerns reinforce my opinion that should Council choose to approve
                    this development that there need to be very specific conditions in respect to odour
                    outcomes.
               Conditions were provided by Council’s consulting odour expert after this advice was provided to
               Council officers.
               Subsequent discussions with Unitywater and Council’s consulting odour expert resulted in
               Unitywater obtaining a third-party review of the application. The report notes that…the scope of
               work is limited to a high-level review of the proposed mitigation measures contained within the
               Provided Documents and recommend further mitigation measures that could be considered by
               council and/or Proponent, which would aid in further reducing the impact risk of the Proposed
               Development encroachment upon the current and future operational and business continuity of
               Noosa STP under normal and unintended or unavoidable odour release conditions.
               The report states that the most effective further mitigation measure, in terms of risk reduction and
               operational and future capital costs to Unitywater and to the community, would be to preserve the
               existing exclusion zone (i.e., separation distance). The report also maintains Unitywater’s position
               that the odour dispersion modelling is not suitable for the prediction of unintended or unavoidable
               odour release events, for example, sewerage network asset breakdown, significant rainfall,
               heatwaves, process upsets, biosolids truck loading events, etc.
               It is also noted that the report identifies that in the scenario that the proposed development is
               approved, the author of the report supports in principle the odour mitigation measures proposed in
               the suggested conditions of Council’s consulting odour expert.
               In addition, Unitywater’s consultant recommends further mitigation measures in the form of:
               •    To the extent that is reasonable, an encumbrance or similar that transfers all responsibility of
                    STP-related odour complaints from Unitywater to the Proponent and is sanctioned by Council
                    and DES. Professional advice from a town planning or environmental law expert should be
                    consulted on this matter. Based on the sentiment in the letter by GH Australia, the Proponent
                    could be willing to enter such an arrangement;
               •    Activated carbon filtration to be installed on all fresh air makeup locations of the air
                    conditioning systems and are regularly maintained to manufacturer specifications; and
               •    To the extent that is reasonable, that the layout of structures is designed to avoid entrapment
                    of odour plumes. TOU are concerned that the northward facing concave layout of
                    accommodation structures is conducive to entrapment of STP odour plumes from the north.




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               In review of report prepared by Unitywater’s consultant Council’s consulting odour expert advises
               the operation of the sewage treatment plan is regulated by an Environmental Authority, issued by
               Department of Environment and Science, which requires that the onus is on the operation to not
               cause nuisance/harm from odour emissions. This applies at all times whether it be normal
               operating conditions or the upset conditions, being the unintended and unavoidable odour relates
               events which Unitywater’s consultant refers to. Furthermore, Council’s consulting expert notes that
               existing residential uses at Noosa Springs, situated west of the STP are within proximity of the
               2.5OU line whilst the existing outdoor recreation areas of the resort, including the existing tennis
               courts, would experience odour concentrations above 2.5 OU. Thus, existing approved and
               developed areas are already a constraint on the STP operation. It is also noted that Unity Water
               have advised that they have no record of odour complaints from these current uses.
               In terms of the comments by Unitywater’s consultant regarding the suitability of methodology used
               by the applicant’s odour expert Council’s consulting expert states:
                      The use of modelling of odour from STP is an accepted practice for both development
                      assessment at the Local Government level and in the Planning and Environment Court.
                      Typically, the assessment is based upon normal worst case emissions not Upset conditions
                      (unintended or unavoidable odour emission conditions).
                      Whilst there are uncertainties in any form of assessment and modelling, it is a tool for
                      assessment purposes which informs the assessment manager of potential impacts.
                      In respect to independent ground truth verification – I assume the author is identifying the
                      use of field odour surveys which are manned inspections by persons with a laboratory verified
                      sense of smell that are used to characterize odour ie in terms of intensity and offensiveness.
                      The use of field odour surveys can inform and provide validation points for modelling.
                      In this instance there are existing residential uses and the Noosa Springs facility and outdoor
                      uses which are currently occupied and used and there does not appear to be a complaint
                      history in respect to odour which supports the modelling outcomes. Even if field odour testing
                      was conducted it does not guarantee any improved odour prediction/assessment outcome
                      in my opinion.
                      I have been involved in matters where modelling of upset conditions has been undertaken in
                      respect of STP operation. However, the reliance upon odour from upset conditions in
                      informing development assessment against the 2.5 OU 99.5%ile 1 hour criterion is in my
                      opinion very limited. This is because the 99.5%ile allows for periods of higher odour to occur
                      ie it is not absolute and the Environmental Authority requirement to not cause odour
                      nuisance/harm is in play at all times.
                      I understand the STP operator desire to maintain buffer separations, but this must be
                      considered on the basis of existing land uses and proximity of existing sensitive uses to the
                      STP which, as per above, already exist.
                      Further, it is my opinion that a short stay resort development has far less reverse amenity
                      constraint potential than standard residential uses.
               In terms of the proposed additional mitigation measures proposed by Unitywater’s consultant:
               •      Legal advice has been obtained and it has been determined that an encumbrance or
                      similar that transfers all responsibility of STP-related odour complaints from Unitywater to
                      the proponent is too uncertain and potentially against public policy resulting in a deed of
                      agreement that is void, unenforceable and ineffective.
               •      Agreed that activated carbon filters to fresh air makeup locations can be required to further
                      protect indoor air quality.
               •      A major redesign of the development is not warranted.
               The applicant’s odour expert also reviewed the Unitywater’s consultant’s comments and forms a
               similar view to Council’s consulting expert, however, opposes the recommendation that activated
               carbon filters be installed. The opposition to the carbon filters is on the basis that the applicant’s
               proposal for fresh air makeup to the air conditioning systems must be drawn from roof level



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               locations located as far as practical from the STP” is sufficient to avoid odorous air being drawn
               into the buildings. The applicant’s expert suggests that an additional measure to address concerns
               regarding odour could be the imposition of a condition requiring an Odour Complaint Management
               Plan, with the applicant’s stated intention to manage any odour complaints from hotel guests within
               the business being central to the plan.
               Based on the advice provided by Council’s consulting odour expert the applicant has adequately
               demonstrated that the proposed development is suitable when considering the potential odour risk.
               The consultants suggested conditions and the inclusion of carbon filters as suggested by
               Unitywater’s odour expert are supported and form part of the recommendation. It is also
               recommended that an Odour Complaint Management Plan be conditioned.
               Traffic/car parking
               The applicant provided traffic reports which reviewed the traffic and car parking demand associated
               with the proposed 106 bedroom resort These reports, and subsequent responses to requests for
               further information, were reviewed by Council’s consulting traffic engineer.
               Much of the discussion in the review of the car parking analysis related to the methodology
               determining car parking demand. Council’s traffic consultant undertook an assessment based on:
               i.     Adopt a design parking demand for the existing development of 160 cars based on the 2017
                      surveys.
               ii.    The RFI response indicates the hotel will have 44 EFT staff. Assuming 2/3rds of those travel
                      by their own car to/from work, this would generate 30 cars.
               iii.   Assuming half of the 112 resort rooms have a car on-site at midday would generate a
                      demand for 56 cars.
               iv.    Based on the above, the design parking demand would be 246 cars, which would be
                      accommodated by the proposed 255 parking spaces.
               As per the comments above Council’s consulting traffic engineer is supportive of the proposed 255
               formalised car parking spaces. In addition to the proposed formalised 255 car parking spaces the
               applicant has also identified an additional 38 grassed overflow spaces.
               The 255 formalised spaces include a 2-storey deck carpark situated adjacent to the western
               boundary of the subject site whereby an additional storey of car parking is to be provided above
               part of the existing at grade car park. The location of this deck car park is detailed in the following
               images with the built form considerations discussed within the setback section of the report.




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                                        Figure 7: Location of deck car park on plan




                                        Figure 8: Location of deck car park on aerial




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               It is also noted that conditions of the SARA referral response also require the provision of a bus
               setdown facility as part of the porte cochere.
               Bushfire
               The site is identified by the Noosa Plan 2020 Bushfire Hazard Overlay Map as ‘High Potential
               Bushfire Intensity’ over the vegetation within the north and east of the site, and ‘Potential Impact
               buffer over the balance of the site (Figure 9). This is mirrored by the State Planning Policy (SPP)
               ‘Bushfire Hazard Aea’ mapping (Figure 10).




                                        Figure 9: Bushfire Hazard Overlay mapping (Noosa Plan 2020)




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                                        Figure 10: Bushfire Hazard Area mapping (State Planning Policy)

               The applicant’s consulting fire expert has inspected the site to identify the status of the vegetation
               within and around the development site and determine the likelihood of bushfire risk to the
               development. This inspection confirmed the area of vegetation within the northern portion and
               along the north-eastern boundary of the subject site is an area of ‘High Potential Bushfire Intensity’
               as determined by both the Noosa Plan and SPP – Natural hazards risk and resilience bushfire
               hazard area mapping.
               The inspection also concluded that the area of vegetation in and surrounding Girraween Nature
               Refuge is confirmed to be an area of ‘High Potential Bushfire Intensity’ and that the development
               would fall within the 100 metre wide potential impact buffer. As a result, the development is required
               to address the Noosa Planning Scheme Bushire Overlay code through the preparation of a bushfire
               hazard assessment and mitigation plan.
               The application material has included a Bushfire Hazard Assessment and mitigation plan (BHA), a
               revised BHA was also submitted. These documents have been prepared in accordance with PSP8
               Natural Hazards (SC6.9.4 Bushfire hazard assessment report and management plan) and the
               Bushfire Resilient Communities (Technical reference guide for the state planning policy state
               interest ‘natural hazards, risk and resilience – Bushfire’).
               The vegetation associated with the ‘High Potential Bushfire Intensity’ was confirmed as Category
               A or B, Regional Ecosystem 12.2.5, with significant disturbance to the mid and understory layers,
               being invaded and colonised by a range of environmental weed species.




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               Adjacent to the existing car parking area and tennis courts is a line of disturbed vegetation
               containing a range of native canopy species with a low coverage of ground covers with areas
               containing a range of exotic and native amenity shrubs.
               The bushfire assessment found that the risk associated with bushfire was from outside the
               proposed development area i.e. Girraween Nature Reserve to the north and east. Resort Drive
               forms a natural firebreak that would be sufficient to buffer most ground fires, however a significant
               bushfire involving Girraween Nature Reserve on a high fire danger day with an easterly wind has
               the potential to cross Resort Drive and involve the vegetation within the subject site.
               The report determined that a fire within the site, particularly involving the vegetation associated
               with the northern and eastern boundary would be of low intensity and burn up the dominant slope
               away from any of the existing infrastructure.
               In response to the bushfire risk, the proposal has included a range of mitigation measures along
               the northern and eastern boundary to reduce risk to people and property. This includes separation
               distance from mapped hazardous vegetation that achieves a radiant heat flux of less than
               29kW/m2. To achieve this outcome the development footprint along the northern and north-eastern
               boundary must meet a minimum separation of 15.7 metres.
               The below image, which is taken from the applicant’s BHA, indicates that Pavilion 5 achieves
               24.465 metres and 21.965 metres at the ends of the building closest to the hazardous vegetation
               which will achieve a radiant heat flux with 19-29kW/m2.




                                        Figure 11: Proximity of pavilion 5 to hazardous vegetation

               The building is separated from the northern hazardous vegetation via the proposed overflow
               carpark which is approximately 35 metres in length. 35 metres will achieve a radiant heat flux of
               12.5kW/m2.
               The BHA has provided a range of comments and recommendations to reduce risk on the
               infrastructure and users within the site. These include:
               •      Hazardous vegetation retained in proximity to the development is separated by Resort
                      Drive, tennis courts and auxiliary parking to provide a buffer between hazardous vegetation
                      and the proposed structures.
               •      A minimum setback between future habitable structures and the edge of potential
                      hazardous vegetation is 15.7 metres which achieves a radiant heat flux of less than
                      29kW/m2 and as such an acceptable level of risk achieved as defined under the State
                      Planning Policy, Natural Hazards, Risk and resilience.
               •      Landscaping within the site to utilise species considered to be less flammable where
                      rehabilitation is required to match the existing 12.2.5 Regional Ecosystem.




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               •      Landscape cannot contain flammable plant species to the north of the hotel abutting Resort
                      Drive (except for Non juvenile koala habitat trees).
               •      Non juvenile koala habitat trees to the north of the development can remain in situ with a
                      maintained understory required to reduce the bushfire risk.
               •      No less than 5 metres adjacent the eastern side of the hotel units identified on the
                      landscape concept plans must be turf only. This is to be extended to include all building
                      with an eastern aspect as detailed in the below image.




                                                    Figure 12: Area of 5 metres of turf only

               •      The use of less flammable plant species should comprise of a minimum 70% of all ground
                      covers and understory within the landscape area.
               •      Improvements to the resort drive verge including removal of vegetation from along the road
                      edges to improve sight lines and impacts of vegetation with emergency response vehicles.
                      (See General comments)
               •      The development be connected to reticulated water, with sign off from a hydraulic
                      engineering consultant that there is capacity to meet potential needs should a structural /
                      vegetation fire threaten the site.
               •      Sufficient hydrants standpipes or inground hydrants located within and around the facility to
                      ensure compliance with the relevant guidelines and standards.
               •      An emergency response plan including evacuation plan to provide a set of responses
                      should a vegetation fire involve adjacent vegetation and visitors, or staff need to be
                      relocated to ensure they are safe until the fire is brought under control by authorities. This
                      could involve:
                      o Evacuation on the golf course
                      o Evacuation behind buildings with fire safety standards
                      o Within the hotel reception area for further instruction
               Water Supply
               The development is serviced by reticulated water, with sufficient hydrant standpipes or in ground
               hydrants located within and around the development site safely located and freely accessible.
               Further sign off from a hydraulic engineer to ensure appropriate capacity to meet potential needs
               in an emergency can form reasonable conditions where an approval is granted. See below current
               hydrant locations within the site and within the Resort Drive Road Reserve.




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                                           Figure 13: Location of fire hydrants (blue dots)

               Evacuation
               The Bushfire Resilient Communities (Technical reference guide for the state planning policy state
               interest ‘natural hazards, risk and resilience – Bushfire’) provides advice regarding assembly and
               evacuation. Where a planning scheme contains an assessment benchmark for the provision of a
               safe assembly or evacuation area, a development condition may articulate how this could be
               achieved.
               A safe assembly or evacuation area may be a suitable alternative to an evacuation route, where
               the site is in an isolated location, and any evacuation route would be long or pass through the
               bushfire prone area. A safe assembly or evacuation area would involve:
               •      Establishing the safe assembly or evacuation area within the development site and outside
                      the identified bushfire prone area.
               •      Direct route/s to the designated area designed to ensure:
                      o Roads have sufficient capacity for the evacuating population.
                      o Occupants are directed away from, rather than towards or through areas with a greater
                          potential bushfire intensity.
                      o Minimising the length of route through bushfire prone areas
                      o Compliance with AS 3745-2010 Planning for emergencies in facilities where it is
                          deemed appropriate for isolated developments.
               According to the BHA, an emergency response plan and evacuation plan is to be made available
               to help guide a series of actions in the event of a vegetation fire involving nearby vegetation,
               visitors, or staff, and the need to locate them to ensure their safety until the fire brought under
               control by the appropriate authorities. An evacuation plan has been provided; the plan involves
               evacuation to the existing country club.




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                                               Figure 14: Proposed evacuation route

               The applicant’s BHA has been reviewed by a consulting bushfire expert and Council’s Senior
               Environment Officer. Review of the BHA identifies that a suitable methodology has been utilised
               and that the proposed recommendations are supported. A condition requiring the establishment of
               an additional safe evacuation point on the golf course, off site, away from buildings and outside
               the identified bushfire prone area is recommended.
               The review also identified that the Emergency Response Plan does not include any evidence of
               involving the Queensland Fire and Emergency Services (QFES) in the preparation or that they
               support the proposed solution. However, it is not common practise for QFES to be involved in the
               preparation or review of a BHA or Emergency Response Plan.
               Further communication with the consultant who provided the review stated via email ‘I do not think
               that no involvement of the QFES in the preparation and endorsement of the emergency response
               plan is problematic. The plan includes relevant elements recommended by the New South Wales
               Rural Fire Service in Development Planning - A guide to developing a Bushfire Emergency
               Management and Evacuation Plan (2014) and I accept the proposed measures within the plan’.
               Standard bushfire conditions of approval will require that the bushfire hazard assessment /
               mitigation plan as well as evacuation plan for the development must be provided to the nearest fire
               authority.
               Biodiversity, Waterways and Wetlands Overlay
               The purpose and outcomes of the Biodiversity, Waterways and Wetlands overlay code is to protect,
               rehabilitate and enhance ecologically important areas and improve connectivity. The development
               site is mapped under the Noosa Plan 2020 as having environmental values including, ‘Area of
               Biodiversity Significance’ located in the north and along the eastern boundary.
               The very northern patch of vegetation is mapped as ‘MSES Environmental Values’ and ‘State
               Koala Habitat Area (KHA)/Remnant Vegetation. States Regulated Vegetation Management Map
               identified remnant regional ecosystem RE12.2.5 located in the small patch on the north section
               (Corymbia intermedia +/- Lophostemon confertus +/- Banksia spp. +/- Callitris columellaris open
               forest on beach ridges usually in southern half of bioregion) and also RE12.2.5 as essential habitat
               for three frogs (acid frogs), the glossy black-cockatoo, the koala and a wattle species (Acacia
               attenuate).




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                                               Figure 15: Extent of biodiversity overlay

               The submitted Terrestrial Ecology Assessment (TEA) identified that the state mapped REs are
               consistent with what is actually located within the area. The TEA further detailed that both indirect
               and direct impacts are likely to occur as a result of the development. Indirect being edge effects
               such as weed invasion and fragmentation and direct being the loss of trees and fauna habitat. It
               is identified that vegetation and individual trees generally along the northern and eastern
               boundary will be retained.
               The site is not mapped as a Koala Priority Area but a small area in the north is mapped as Koala
               Habitat (Core) extending from the bushland north of the road. The previous version of plans
               submitted for assessment resulted in the removal of 19 Non-Juvenile Koala Habitat Trees (NJKHT)
               in an ‘isolated pocket’ to the north and close to Resort Drive. The plans were subsequently
               amended to re-locate the tennis courts which has allowed for the retention of these trees.
               The following image details the location of the NJKHT which were proposed to be removed.




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                                        Figure 16: Tree removal within mapped koala habitat area

               Re-locating the tennis courts above the existing car park results in the preservation of the 19
               NJKHT, these trees are in the area identified as containing MSES values. Whilst some
               vegetation within the Biodiversity Overlay will be removed, in areas adjacent the eastern
               elevation of Pavilions 5 and 4 there will also be some vegetation retained in this area with the
               vegetation in the roadside reserve retained and enhanced.
               The retention of the non-juvenile Koala Habitat Trees, where a managed understory is maintained,
               does not result in an unacceptable bushfire risk. It is proposed that this area be used as an
               environmental, passive leisure and recreational walking area. The following additional
               recommendations from the BHA are included within the landscaping conditions:
               •   Landscape planting should reflect the adjacent regional ecosystem and coastal vegetation
                   without increasing bushfire hazards.
               •   Mature trees are to remain in situ, with the understory to be maintained as a low bushfire
                   hazard are with lower flammability species only
               •   All weed species to be removed throughout the hotel grounds, with the exception of
                   landscape amenity specimens around existing structures
               •   Highly flammable native species such as bracken fern and blady grass to be managed so
                   that they are not dominant in this area
               •   A list of lower flammability species, specific to this site, is to be utilised to enhance the
                   environmental amenity through the low hazard areas.
               •   Regular maintenance around residential structures is to be maintained within the vegetation
                   to the north to the current standard and frequency of other areas around the resort and
                   residential areas.
               Landscaping
               The application material included an assessment of adherence to the Landscaping Codes
               performance outcomes and a Landscaping Concept Design Package. The application generally
               meets all performance outcomes as it will sit within the natural landscape and retains a significant
               amount of native vegetation whilst enhancing the environment with rehabilitation, landscape
               planting and weed management. The planting pallet chosen includes native and endemic species.




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               The landscaping has been designed to meet bushfire requirements including specific low
               flammability planting within higher risk areas.
               As identified above within the bushfire section the landscape concept plan is required to be
               amended to include an additional section that includes the 5m turfed area to ensure bushfire safety.
               The proposed landscaping is supported subject to relevant conditions.
               Voluntary Offset
               The applicant has proposed to offset the loss of vegetation with the offset planting to occur in 2
               locations on the golf course Offset Areas A and B). It is proposed to plant 120 koala habitat tree
               (eg. E.tereticornis or similar) and 25 she-oaks (glossy black cockatoo feed trees).
               The proposed offset areas are detailed in the following image.




                                                  Figure 17 – Proposed offset areas.

               Offset area A will not significantly increase the bushfire hazards within the area and as such will
               not increase the bushfire risk to the adjacent people and properties within ‘The Fairways’ residential
               estate. This is due to maintained areas of the community tile scheme that will buffer the offset area
               and be continuously maintained. Further to this the bushfire consultant has provided additional
               recommendations to be undertaken within Offset area A:
               •   No additional plantings be undertaken within 30 metres of an existing structure within the
                   Fairways CTS



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               •   A fire management line and access track are located between the bunker on the eastern side
                   of the fairway 1 near the fairway 1 green and the southern most residential structure within
                   the fairways CTS area
               •   The existing informal access track is to be maintained in its current location with a width of 6-
                   8 metres.
               •   The augmentation of the current vegetation be undertaken to the north of the access track.
               The proposed offset area B will not present a bushfire risk to any infrastructure within and around
               the existing Noosa Springs Development, due to the existence of highly maintained grassland
               along fairway 3 and the driving range as well as a dam or water feature separating residential
               dwellings to the west of the golf course fairway 3.
               Water quality/quantity
               Due to the topography of the site, it is possible to drain the development areas entirely through the
               Golf course and to Weyba Creek without impacting any other properties or public infrastructure.
               Bioretention devices are proposed for each of the new car parks and roof areas. The surface
               areas for the bioretention devices are approximately 1% of the contributing catchment areas,
               which is in-line with expectations. The bioretention areas treating roofwater are lower due to the
               influence of the roofwater tanks which capture roofwater for reuse. The applicant has provided
               135kL of rainwater tanks.
               The application material has been reviewed by Council’s consulting hydraulic engineer who is
               satisfied with the proposed outcomes. Conditions are provided.
               Built form
               The building design, including external materials and colours, is consistent with the Noosa Springs
               architectural style and is designed to complement the adjacent clubhouse and spa buildings. The
               buildings appear generally as only two-storey structures from Resort Drive.
               The built form is considered to comply with the Noosa Plan for the following reasons:
               •      The proposed development incorporates soft landscaping between and around the
                      building, near the road frontages and around the central lagoon pool and open space area
                      and around the tennis courts and new carpark areas
               •      The proposed development respects the scale of surrounding vegetation being below the
                      tree line and provides for the retention of some vegetation where possible, generally
                      around the perimeter of the site
               •      The proposed development takes the form of five smaller separate building forms rather
                      than a large single bulky building. Further, steps down the slope and will not visually
                      dominate the nearby properties (see figures 18 and 19 below for photo montage of the
                      proposed development from adjoining golf course)
               •      The proposed development, through its design and siting, reinforces the correlation
                      between the natural and built character of the area by being responsive to the topography
               •      The proposed development is of a high design quality, incorporating landscape design that
                      emphasises the casual, outdoor lifestyle.
               •      The proposed buildings have a strong relationship with the outdoors through the
                      incorporation of natural materials, verandahs and glazing and orientation of openings
                      towards public spaces where practicable.
               •      The proposed buildings and structures have articulated roof forms which are visible from
                      the street. They incorporate a mix of lightweight and textured external building materials,
                      provide for variation through articulation, texture, and detailing. They incorporate verandah
                      and open balconies and shaded areas for outdoor living, with open, transparent, or semi-
                      open balustrades. The design makes use of understated colour schemes and low reflective
                      roofing and building materials that integrate with the existing Noosa Springs built form and
                      character and is consistent with the existing Noosa Springs Golf and Spa Resort facilities.




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               •      The applicant has provided a series of montages which address the views of the
                      development from the residential properties in Noosa Springs to the west of the subject
                      site. The photomontages demonstrate that the development sits within the existing tree line
                      and will be less prominent than the Parkridge development. The following images are some
                      of the montages that have been provided by the applicant.




                                        Figure 18 – Photo montage of proposed development from golf course.




                   Figure 19 – Photo montage of proposed development from golf course, buildings above the tree line are
                                                               Parkridge.

               Tennis Courts
               Four tennis courts are currently located on the site, it was originally proposed to relocate the tennis
               courts within an area that is subject to the Biodiversity, Waterways and Wetlands Overlay. Due to
               concerns with the proposed loss of non-juvenile koala habitat trees the tennis courts have been
               re-located so that they are situated above the existing north-western car park. The location of the
               tennis courts is detailed in the following image:




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                                                 Figure 20 – Location of tennis courts




                                                    Figure 21 – Tennis court plans

               Like the existing courts the proposed courts are located on two different levels, with 2 lower
               courts and 2 upper courts. The bases of the existing tennis courts are at RL 25.5 and 27,
               reflective of the split level on which they are also located. The top of the existing fencing and light
               poles are significantly higher. The top of the fence of the proposed upper-level courts is at RL
               26.2.




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               The courts are setback at least 15.6 metres from Resort Drive and will be partially screen by the
               existing vegetation within the road reserve and on the site. The visibility of the courts will be at its
               greatest on the southern side of the roundabout at the intersection of Resort Drive and Links
               Drive, essentially being within the resort site. Notwithstanding the bulk attributed to the tennis
               courts will be limited noting tennis court fencing is a mesh style fence that is transparent, it is
               recommended that a condition be included to detail the type of fencing and for the colour to be
               black.
               Whilst the tennis courts are elevated, they remain below the Recreation and Open Space zone 8
               metre height limit with the exception the light poles, noting that 2 of the courts are located within
               the Tourist Accommodation Zone which has a height limit of 12 metres. The plans include 9
               metre light poles which range in height from 9.25 metres up to 12.67 metres above the existing
               ground level The applicant has agreed to reduce the height poles by at least one metre which is
               reflected in a condition within the recommendation.
               The light poles will have a narrow form and will not be visually obtrusive and are infrastructure
               that is expected to be associated with the tennis courts. The existing courts also include lighting,
               the proposed lights will sit significantly lower than the existing lights. Conditions are also
               recommended in relation to the tennis court lighting to limit the hours of operation and ensure
               that the lights are baffled so that they do not result in amenity impacts.
               Acoustic
               A loading dock and a 5000 litre in ground grease trap are located within 25 metres of a residential
               building within the Parkridge development. The size of the adjacent vehicle turnaround area
               suggests that trucks are meant to access this area, specifically pump out trucks for the
               interceptor. Whilst the applicant proposes to limit access to this area to the hours of 7am to 6pm
               this does not necessarily prevent adverse noise impacts to the dwelling units to the southeast. A
               second loading dock is located to the rear of the existing resort facilities building, this is situated
               approximately 60 metres from the nearest residential building. It is anticipated that additional
               measures may be required to ensure the protection of the amenity to the nearby dwellings.
               Accordingly, a condition has been included requiring an updated acoustic report to assess the
               potential noise impacts of these loading with recommendations to be implemented within the
               development.
               Site Cover and Plot Ratio
               The subject site includes an area of 23,447m2 that is zoned Tourist Accommodation. The balance
               of the site is zoned Recreation and Open Space Zone (14,608m2).
               The Tourist Accommodation zone code requires a maximum site cover of 40% (9,378m2) and a
               Plot ratio of 0.65:1(15,240m2). The Recreation and Open Space Zone requires a maximum site
               cover of 10% (1,460m2) whilst there is no numerical requirement for Plot ratio.
               The total site cover of all buildings on the site (including that zoned Recreation and Open Space)
               is:
               •      Existing club house -1,839m2
               •      Existing day spa & gymnasium -1,308m2
               •      New Hotel – 3,670m2
               •      Tennis Courts – 2,505m2
               •      Carparking – 1,234m2
               The total gross floor area of all buildings on the site (including that zoned Recreation and Open
               Space) is:
               •      Proposed Hotel facilities - 6,862m2
               •      Existing day spa - 1,241m2
               •      Existing clubhouse - approximately 2,000m2 + 105m2 proposed as part of future change.
               The following table details the proposal’s compliance with site cover and plot ratio.




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                                        Tourist Accommodation Zone               Proposed             Complies

                 Site cover             Tourist Accommodation Zone                 6,817m2                Yes
                                              9,378m2 permitted
                                                                           Including car park and
                                    Recreation and Open Space Zone        tennis courts: 10,556m2
                                             1,460m2 permitted
                                          Total permitted: 10,838m2

                 Plot ratio             Tourist Accommodation Zone                10,208m2                Yes
                                              15,240m2 permitted

               The proposal complies with the scheme requirements for both site cover and plot ratio as the
               buildings are below the prescribed requirements when considering the site as a whole. It is
               acknowledged that the extent of site cover does not comply within the existing mapped Recreation
               and Open Space zone when considered in isolation however, the building and structures do not
               detrimentally reduce the useability of open space or dominate the site. It is noted that the existing
               land zoning was not based on detail odour assessment at the time, with the current application
               ground truthing the appropriate area for the tourist accommodation use to occur. It is noted that
               the extent of plot ratio does not exceed the amount permitted under the Tourist Accommodation
               Zone. On this basis it is considered that the site cover and plot ratio are appropriate for the overall
               site.
               Building Height
               The Tourist Accommodation zone has a maximum building height of three storeys. The proposed
               development ranges in 2 storeys and 3 storeys with basement levels across the site, a small
               section is 4 storeys where the basement car park is not backfilled. The maximum height
               requirement of 12m is exceeded at the lower part of the site where the central part of the roof and
               lift shaft range from 12.19 to 12.95m from natural ground level, the part of the building where the
               basement is not backfilled is 14m above finished ground level.
               The Recreation and Open Space Zone has a maximum height requirement of 8 metres. Most of
               the built form within the Recreation and Open Space Zone does not exceed 8 metres. The
               maximum height of the building within the Recreation and Open Space Zone ranges from 11.1m
               to 12m above natural ground level.
               The following image details those part which exceed 8 metres and 12 metres respectively, the
               yellow area is the Recreation and Open Space Zone with the red area being the Tourist
               Accommodation Zone, the building is identified in light blue in the areas which it exceeds the
               relative height limits of these zones.




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                                 Figure 22 - Extrapolated 8m (yellow) and 12m (red) above Natural Ground Plane

               Despite this part of the building not complying with the 8m and 12m height requirements the
               development is considered to comply with the corresponding Performance Outcomes as:
               •   The site is characterised by slope which rises approximately 15 metres from the western to
                   the eastern boundary of the site. The large footprint of the buildings, which is attributed to
                   their intended use, results in the development exceeding the height limit where the buildings
                   extend down the slope.
               •   The buildings are consistent with the expected height and scale for the purpose which they
                   are intended to be used.
               •   The development takes the form of 5 separate ‘pavilions’ which has allowed the development
                   to progressively step down the site, accordingly reasonable efforts have been made in the
                   design of the development to minimise the height impacts.
               •   The maximum exceedance of the height requirements generally relates to the ridgeline of
                   different buildings with the extent of exceedance less in other parts of the building where the
                   roof line pitches towards to the ground level.
               •   The exceedance in height is generally limited to the roof plane.
               •   The height of the development is generally consistent with the Parkridge Noosa development
                   which was also permitted height variations in recognition of the scale of the built form and the
                   similar topography.
               •   The areas of exceedance are located centrally on the site and will not visually dominate the
                   street or surrounding areas generally presenting generally as two storeys to Resort Drive;
                   o     will preserve the amenity of surrounding premises including privacy, views, and access
                         to sunlight; Noosa Springs Boutique Hotel
                   o     will respect the scale of any nearby vegetation by maintaining a vegetated skyline.
               Earthworks
               The Tourist Accommodation Zone includes an acceptable outcome which seeks to limit cut and fill
               to a maximum of 1.5 metres. The site contains existing retaining walls and terraced platforms
               supporting tennis courts and ancillary structures, with the remainder of the site containing a slope
               which runs from Resort Dive to the golf course. The application material notes that additional
               earthworks cut, fill and retaining will be required to construct proposed building pads, pools and



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               car parking areas. The extent of earthworks will exceed the 1.5 metre acceptable outcome, the
               extent of works is a consequence of the existing benching and slope of the site, the large footprint
               of the building and the depths required to facilitate basement levels. The earthworks are to be
               generally located in the proposed building footprint and will not impact on landscape amenity
               outcomes that are to be achieved through future landscaping. Furthermore, the natural landform
               of the site has already been significantly disturbed through benching for the existing car parks,
               access roads and tennis courts The earthworks will be further regulated through an Operational
               Works application which will ensure that there is no erosion or sediment runoff from the site.
               Setbacks
               The proposed development complies with the acceptable solutions for setback requirements
               except for the eastern elevation of the proposed resort, the two-level carpark and one of the tennis
               courts.
               The eastern elevation of the proposed resort is setback between 7.5 metres and 17 metres in lieu
               of the 20 metre requirement within the Recreation and Open Space Zone. Whilst the buildings are
               located within the Recreation and Open Space Zone it is acknowledged that the suitable
               developable area would be determined through a ground-truthing exercise relating to the required
               odour buffer setback. In this regard, the proposed setbacks comply with the setback requirements
               for the Tourist Accommodation Zone. Furthermore, the road reserve is well vegetated with a
               recommended condition requiring vegetation in the road reserve to be enhanced. Some of the
               existing screening vegetation within this part of the site will also be retained with the areas outside
               of the 5 metre turfed bushfire setback to be enhanced with further planting. The existing and future
               landscaped vegetation will assist in filtering views of the built form. The proposed setbacks will not
               be inconsistent with the predominant character of the surrounding area, noting the close proximity
               of the Parkridge development to this part of the site.
               The two-level car park includes an open sided shade structure which is approximately 7.8m high
               and is setback 0m in lieu of 2.5m from the boundary (see figure 23 below)




                                        Figure 23 – elevated carparking located on the western side boundary.

               The 0m setback is consistent with the existing carparking area that is currently located adjacent
               to the boundary. The adjoining land to the west (golf course) is heavily vegetated and will buffer
               the built form of the car park when viewed from the golf course. The car park will only be seen by
               persons utilising the resort and the associated facilities. Furthermore, the setback variation
               relates to an internal boundary for 2 lots which are unable to be sold separately due to an
               existing covenant restriction on the titles.
               With regards to the tennis courts, the Recreation and Open Space Zone requires a 20 metre
               setback to the front boundary (Resort Drive) and 4.5 metres from an internal road (Links Drive).
               The tennis courts within this zone are setback between 15.6 metres and 28.5 metres, with the
               majority of the tennis courts being in excess of 20 metres. One of the courts is located adjacent to
               the Links Drive boundary above the existing car park, which is built to the boundary.




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               Like the two-level car park the siting of one of the tennis courts adjacent to the Links Drive setback
               will generally only be perceptible to those persons utilising the resort facilities, noting the significant
               setbacks to Resort Drive. As per the below image the area within the adjoining road reserve
               contains vegetation which will filter views of the tennis court whilst noting that the area currently
               contains a car park.




                                        Figure 24 – view from Links Drive towards elevated tennis courts.

               Taking this into consideration the boundary setbacks can be supported on the following grounds:
               •      The location of the areas for which the reduced setbacks are sought internal to the Noosa
                      Springs site do not impact on the public realm, residential character or amenity or the
                      streetscape.
               •      The reduced setbacks will not obstruct views or cause overlooking of private open space or
                      habitable areas of adjoining premises.
               •      The reduced setbacks will provide a high level of amenity to users of the subject site.
               •      The tennis courts are located above existing car parks.
               •      Re-siting the tennis courts has enabled the retention of vegetation containing MSES values
                      and maintains the provision of 4 x tennis courts.
               4.     CONSULTATION
               4.1. Referral Agencies
               The application was referred to the following Referral Agencies:
               •      Department of State Development, Infrastructure, Local Government and Planning (SARA)
               The Department is a referral agency for:
               •      Schedule 10, Part 10, Division 3, Subdivision 3, Table 1, Item 1— Koala habitat area in
                      SEQ region



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               •      Schedule 10, Part 9, Division 4, Subdivision 1, Table 1, Item 1— Development impacting
                      on State transport infrastructure
               The Department has responded advising that it does not object to the application subject to
               conditions, including conditions relating to:
               •      Retention of native vegetation within the Koala Habitat Area
               •      Pedestrian connectivity from the porte cochere to the hotel reception
               •      Provision of a bus setdown facility as part of the porte cochere
               4.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers:
               •      Senior Environment Officer
               •      Coordinator Development Engineering
               4.3. Other Referrals
               The application was forwarded to the following external experts for review and/or comment
               •      Bushfire
               •      Hydraulic Engineer
               •      Traffic consultant
               4.4. Public Notification
               The application was publicly notified for fifteen (15) business days in accordance with the Planning
               Act 2016. 395 properly made submissions were received, all objecting to the application. The
               following table provides a summary and assessment of the issues raised by submitters.

                   Matters Raised                                     Comments

                   Traffic flow/carparking                            A traffic report was provided by the applicant
                                                                      which has been amended in response to review
                   Existing car park is not adequate
                                                                      by Council’s consulting traffic engineer. The
                   Resort Drive too narrow                            application has been amended since the
                   Impact of delivery and refuse vehicles             application was notified with additional car parking
                                                                      being provided. Council’s consulting traffic
                   Build an access road off the entry                 engineer supports the proposed car parking and
                   roundabout to Noosa Springs directly               access arrangements for all vehicles.
                   onto Eenie Creek Road to enable safe &
                   quick exit. That would be expensive but            The application was also referred to SARA with
                   should be an expense imposed on the                the referral related to the impact of the
                   developer.                                         development on state transport infrastructure.
                                                                      SARA has provided conditions which include the
                                                                      requirement for a setdown facility for a bus of
                                                                      14.5m in length.

                   Where will           construction   vehicles   be Future operational works approvals will include
                   located                                           the requirement for a construction management
                                                                     plan which will address the parking of construction
                                                                     vehicles.

                   Noise – pool                                       The pool is located approximately 100 metres
                                                                      from the nearest dwelling with the hotel pavilions
                                                                      being situated between the pool and this dwelling.




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                  It is over height                              The proposed development is permitted to have a
                                                                 maximum height of 12 metres, where located in
                  Extent of height exceedance is excessive
                                                                 the Tourist Accommodation Zone and 8 metres
                  and will impact of views of Parkridge
                                                                 where located within the Recreation and Open
                  development’
                                                                 Space Zone. Whilst the development does exceed
                  12 metre height will overpower existing        the permitted height limits this is largely due to the
                  buildings                                      sloping topography of the land and the scale of
                  Building height of 12 metres, will adversely   buildings required to provide the intended use.
                  impact the scenic amenity of the area,         The height variations are generally located
                  particularly when viewed from the north.       internal to the subject site with the subject site
                                                                 itself being within a golf resort, as such the height
                  The visual impact at the SW corner will be     variations will not impact on streetscape or
                  astonishing. The building presents a five-     adjoining properties.
                  storey development in the south west
                  corner
                  The development sits awkwardly with an
                  enormous scale imbalance between itself
                  and the existing resort buildings.
                  Reduced availability of tennis courts      Since the application was notified the number of
                                                             tennis courts has been increased by 3 to 4 to
                  Reduction in number of tennis courts (4 to
                                                             maintain the status quo.
                  3)
                                                             It is acknowledged that there will be increased
                                                             demand for the tennis courts noting that the courts
                                                             are a private and not a public facility.

                  Weak on environmental and energy The application material included a terrestrial
                  efficiency aspects               ecology assessment which was reviewed by
                                                   Council’s Senior Environment Officer with the
                                                   application also being referred to SARA to assess
                                                   the removal of koala habitat.
                                                                 A sustainable building design report was also
                                                                 provided which includes a range of ecological
                                                                 design strategies.

                  Too far from beaches and river                 Noosa Shire includes a range of accommodation
                                                                 types which are located within varying distances
                  Unsuitable site for development
                                                                 of the beach and river.
                  Inappropriate commercial development
                                                                Under the Noosa Plan 2006 the site was zoned
                  impacting on the quality of residents'
                                                                Open Space Recreation. The site is zoned
                  lifestyle who purchased in the area
                                                                Tourist Accommodation under the Noosa Plan
                  believing no further development was
                                                                2020 with the change being communicated
                  possible.
                                                                through the public consultation process on
                  Any unanticipated development requires Noosa Plan.
                  demonstration of a high level of
                                                                The Noosa Plan 2020 requires that the site be
                  community need.
                                                                protected for the purpose of a resort
                  An overriding need in the public interest for complex or short-term accommodation to the
                  the development which would justify its general exclusion of permanent residents.
                  inconsistent use, planning conflicts,
                  destruction of habitat, loss of scenic
                  amenity and additional external pressure
                  on the Noosa region, particularly during
                  peak tourism periods. Eg. Increased
                  Vehicle Traffic.




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                  The developers are potentially "double-
                  dipping" as the land originally earmarked
                  for a hotel was used to build Parkridge.
                  The application is contrary to the stated
                  strategic and general principles of the
                  Noosa Shire Planning Scheme

                  Koala habitat                           The applicant has amended the application so that
                                                          the koala trees within the state mapped core koala
                  Inappropriate setbacks result in tree
                                                          habitat area.
                  removal
                                                          Council’s glossy black-cockatoo sighting mapping
                  Glossy black cockatoos are known to use
                                                          identifies that the subject land lies within an area
                  the site
                                                          that is not considered to be of importance for
                                                          glossy black-cockatoo. Areas to the north and
                                                          east are of value for this species. The terrestrial
                                                          ecology assessment located 1 glossy black within
                                                          2 km’s of the site. Offset planting will include the
                                                          planting of glossy black feed trees within the
                                                          landscaping.
                                                              The proposal complies with setback requirements
                                                              with the exception of the two level car park which
                                                              is to be constructed over the existing carpark
                                                              hardstand.

                  Overdevelopment                             The proposal is consistent with the site cover and
                                                              plot ratio requirements for the zones.

                  Fire – escape routes, emergency vehicles The application material has included a Bushfire
                  ability to enter the site                Hazard Assessment and a Bushfire Management
                                                           Plan. Both documents have been reviewed by
                                                           Council’s consulting bushfire expert who is
                                                           satisfied that the development and associated
                                                           reports adequately address bushfire risk.

                  Setbacks 0m to rear boundary                The proposal does include a two level carpark
                                                              which is situated adjacent to the western
                  Large carpark is not suitably screened
                                                              boundary, being the common boundary with the
                                                              golf course. A vegetated buffer is situated within
                                                              the golf course. There are considered to be no
                                                              amenity impacts on adjoining owners resulting
                                                              from the setback.

                  Inconsistent use within the Recreation and The extent of the mapped Recreation and Open
                  Open Space Zone                              Space Zone was intended to provide separation
                                                               between future development and odour impacts
                  Two thirds of the development is to be built
                                                               from the nearby sewage treatment plant. The
                  on land zoned "recreational and open
                                                               current application has ‘ground truthed’ the area
                  space"
                                                               appropriate for development via the provision and
                                                               subsequent review of odour impact reports.




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                    Analysis should include impacts on all
                                                                             Not a relevant planning consideration noting that
                    Noosa Springs Resort existing facilities –
                                                                             the applicant is the owner of the land on which the
                    golf course, recreational and social
                                                                             golf course and associated facilities are located.
                    facilities
                                                                             No function centre is proposed within the hotel,
                                                                             functions and conferences will continue to occur
                                                                             within the Noosa Springs Golf and Spa Resort,
                                                                             which is reflected in a condition within the
                                                                             recommendation.

               5.      CONCLUSION & REASONS FOR DECISION
               The application seeks to develop a of 106 room 5-star hotel on land within the existing Noosa
               Springs development. The site is split zoned, with both the Tourist Accommodation Zone and the
               Recreation and Open Space Zone affecting the site. The split zoning at the time sought to
               recognise the need for a buffer distance (to mitigate potential odour impacts) associated with the
               nearby sewage treatment plant (STP). Supporting documentation has assessed the odour impacts
               of the STP to determine the appropriate building footprint and associated outdoor recreation areas.
               This material has been reviewed and supported by Council’s consulting odour expert with
               conditions recommended to address use of outdoor areas and ventilation of the building at its
               interface with the accepted odour limit.
               The proposed built form is consistent with the prevailing built form within Noosa Springs and
               compliments the golf clubhouse and spa facilities which are located nearby. The building does
               exceed the height limit due to the topography of the site and the large footprint anticipated in
               buildings providing resort accommodation. Site cover does not exceed the combined amounts
               permitted for both the Tourist Accommodation Zone and the Recreation and Open Space Zone
               whilst the plot ratio complies with the requirements of the Tourist Accommodation Zone. The
               application has also demonstrated compliance with the carparking, bushfire, and water
               quality/quantity requirements of the Noosa Plan whilst variations to setbacks associated with the
               two-level car park and elevated tennis courts are supported.
               The application is recommended for approval subject to conditions.
               Departments/Sections Consulted:

                       Mayor                         Community Services                                  Corporate Services

                       Councillors                   Director                                            Director

                                                     Community Development                               Financial Services

                       Chief Executive Officer       Community Facilities                                Fleet

                       Executive Support             Libraries & Galleries                               ICT

                                                     Local Laws                                          Procurement

                                                     Waste & Environment Health                          Property

                                                                                                         Revenue Services



                       Executive Services            Development & Regulation                            Infrastructure Services

                       Director                  X   Director                                            Director

                       Community Engagement          Building & Plumbing Services                        Asset Management

                       Customer Service          X   Development Assessment                              Buildings & Facilities

                       Governance                    Economic Development                                Civil Operations

                       People & Culture              Environmental Services                              Disaster Management

                                                 X   Strategic Land Use Planning                         Infrastructure Planning,
                                                                                                         Design & Delivery




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                                                                                                                                                                                                                            ATTACHMENT 3 - MCU21/0110 - PROPOSAL PLANS




                      IMPORTANT NOTES:                                             REVISION DATE      DESCRIPTION            BY                                                                     CLIENT                           DRAWING TITLE
                                                                                    1      04/09/20   FOR INFORMATION        ST
                      Do not scale from drawings. All dimensions to be checked
                      on site before commencement of work. All discrepancies to 2
                                                                                    3
                                                                                           22/09/20
                                                                                           25/09/20
                                                                                                      FOR INFORMATION
                                                                                                      DA APPROVAL
                                                                                                                             ST
                                                                                                                             ST
                                                                                                                                                                                                    NOOSA SPRINGS REAL ESTATE PTY    COVER SHEET
                      be brought to the attention of the Architect. Larger scale
                      drawings and written dimensions take preference. This         4
                      drawing is copyright and the property of the author, and must 5
                                                                                           09/10/20
                                                                                           14/10/20
                                                                                                      DA APPROVAL REVISED
                                                                                                      DA APPROVAL REVISED
                                                                                                                             ST
                                                                                                                             ST
                                                                                                                                                                                                    LTD
                      not be retained, copied or used without the express authority 6      04/11/20   COUNCIL PRESENTATION   ST
                                                                                                                                  Marchese Partners International Pty Ltd
                      of MARCHESE PARTNERS INTERNATIONAL PTY. LTD.                  7      01/12/20   DA APPROVAL REVISED    ST   Level 14, 46 Edward Street. Brisbane, QLD 4000. Australia
                                                                                    8      21/04/22   UPDATED DA DRAW INGS   BY   P +61 7 3211 2600 F +61 7 3211 0297 E [email protected]   PROJECT                          SCALE           DATE       DRAWN   CHECKED
                                                                                    9      04/05/22   UPDATED RENDERS        BY
                                                                                                                                  www.marchesepartners.com
                                                                                    10     10/05/22   UPDATED DA DRAW INGS   BY
                                                                                                                                                                                                    NOOSA SPRINGS BOUTIQUE HOTEL                     09/02/23   BY      ST
                      FOR APPROVAL                                                  11     09/02/23   UPDATED DA DRAW INGS   LC   Sydney · Brisbane· Melbourne · Adelaide
                                                                                                                                  Kuala Lumpur · Auckland · Christchurch · London · Madrid                                           JOB             DRAWING            REVISION
                                                                                                                                  ABN 33 590 578 323
                                NOT FOR CONSTRUCTION                                                                                                                                                                                 20079           DA0.01             11
Document Set ID: 22048375
                   22309820
Version: 34,
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                      IMPORTANT NOTES:                                             REVISION DATE      DESCRIPTION            BY                                                                     CLIENT                          DRAWING TITLE
                                                                                    1      04/09/20   FOR INFORMATION        ST
                      Do not scale from drawings. All dimensions to be checked
                      on site before commencement of work. All discrepancies to 2
                                                                                    3
                                                                                           22/09/20
                                                                                           25/09/20
                                                                                                      FOR INFORMATION
                                                                                                      DA APPROVAL
                                                                                                                             ST
                                                                                                                             ST
                                                                                                                                                                                                    NOOSA SPRINGS REAL ESTATE PTY   SITE IMAGE
                      be brought to the attention of the Architect. Larger scale
                      drawings and written dimensions take preference. This         4
                      drawing is copyright and the property of the author, and must 5
                                                                                           09/10/20
                                                                                           14/10/20
                                                                                                      DA APPROVAL REVISED
                                                                                                      DA APPROVAL REVISED
                                                                                                                             ST
                                                                                                                             ST
                                                                                                                                                                                                    LTD
                      not be retained, copied or used without the express authority 6      04/11/20   COUNCIL PRESENTATION   ST
                                                                                                                                  Marchese Partners International Pty Ltd
                      of MARCHESE PARTNERS INTERNATIONAL PTY. LTD.                  7      01/12/20   DA APPROVAL REVISED    ST   Level 14, 46 Edward Street. Brisbane, QLD 4000. Australia
                                                                                    8      09/02/23   UPDATED DA DRAW INGS   LC   P +61 7 3211 2600 F +61 7 3211 0297 E [email protected]   PROJECT                         SCALE           DATE       DRAWN   CHECKED
                                                                                                                                  www.marchesepartners.com
                                                                                                                                                                                                    NOOSA SPRINGS BOUTIQUE HOTEL                    09/02/23   BY      ST
                      FOR APPROVAL                                                                                                Sydney · Brisbane· Melbourne · Adelaide
                                                                                                                                  Kuala Lumpur · Auckland · Christchurch · London · Madrid                                          JOB             DRAWING            REVISION
                                                                                                                                  ABN 33 590 578 323
                                NOT FOR CONSTRUCTION                                                                                                                                                                                20079           DA0.06             8
Document Set ID: 22048375
                   22309820
Version: 34,
         1, Version
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                                 LEGEND

                                             OPEN SPACE RECREATION ZONE


                                             TOURIST ACCOMMODATION ZONE


                                             2.5 OU CONTOUR




                      IMPORTANT NOTES:                                                REVISION DATE      DESCRIPTION            BY                                                                                       CLIENT                          DRAWING TITLE
                                                                                      1       14/10/20   DA APPROVAL REVISED    ST
                      Do not scale from drawings. All dimensions to be checked
                      on site before commencement of work. All discrepancies to       2
                                                                                      3
                                                                                              01/12/20
                                                                                              09/02/23
                                                                                                         DA APPROVAL REVISED
                                                                                                         UPDATED DA DRAW INGS
                                                                                                                                ST
                                                                                                                                LC
                                                                                                                                                                                                                         NOOSA SPRINGS REAL ESTATE PTY   COUNCIL ZONING MAP OVERLAY
                      be brought to the attention of the Architect. Larger scale
                      drawings and written dimensions take preference. This
                      drawing is copyright and the property of the author, and must
                                                                                                                                                                                                                         LTD
                      not be retained, copied or used without the express authority
                                                                                                                                     Marchese Partners International Pty Ltd
                      of MARCHESE PARTNERS INTERNATIONAL PTY. LTD.                                                                   Level 14, 46 Edward Street. Brisbane, QLD 4000. Australia
                                                                                                                                     P +61 7 3211 2600 F +61 7 3211 0297 E [email protected]                     PROJECT                         SCALE           DATE       DRAWN   CHECKED
                                                                                                                                     www.marchesepartners.com                                                                                             1 : 500 @A1
                                                                                                                                                                                                                         NOOSA SPRINGS BOUTIQUE HOTEL                    09/02/23   BY      ST
                      FOR APPROVAL                                                                                                   Sydney · Brisbane· Melbourne · Adelaide
                                                                                                                                     Kuala Lumpur · Auckland · Christchurch · London · Madrid                                                            JOB             DRAWING            REVISION
                                                                                                                                     ABN 33 590 578 323                                                0   5   10   20
                                NOT FOR CONSTRUCTION                                                                                                                                                                                                     20079           DA0.07             3
Document Set ID: 22048375
                   22309820
Version: 34,
         1, Version
         32, VersionDate:
                     Date:15/02/2023
                           05/07/2023
                           24/10/2023

Page 80

                                                                                                                                                                                                                                                                                                                                                                                                                                                      LEGEND

                                                                                                                                                                                                                                                                                                                                                                                                                                                      1 NEW HOTEL
                                                                                                                                                                                                                                                                                                                                                                                                                                                      2 POOL
                                                                                                                                                                                                                                                                                                                                                                                                                                                      3 NEW HOTEL ENTRY ROOF
                                                                                                                                                                                                                                                                                                                                                                                                                                                      4 TENNIS COURT WITH EXISTING ON-GRADE CAR PARK
                                                                                                                                                                                                                                                                                                                                                                                                                                                      BELOW
                                                                                                                                                                                                                                                                                                                                                                                                                                                      5 TENNIS PAVILION
                                                                                                                                                                                                                                                                                                                                                                                                                                                      6 AMENITIES
                                                                                                                                                                                                                                                                                                                                                                                                                                                      7 LINKS DRIVE
                                                                                                                                                                                                                                                                                                                                                                                                                                                      8 RESORT DRIVE
                                                                                                                                                                                                                                                                                                                                                                                                                                                      9 EXISTING COUNTRY CLUB
                                                                                                                                                                                                                                                                                                                                                                                                                                                      10 EXISTING DAY SPA & GYMNASIUM
                                                                                                                                                                                                                                                                                                                                                                                                                                                      11 EXISTING POOL
                                                                                                                                                                                                                                                                                                                                                                                                                                                      12 FIRE PIT
                                                                                                                                                                                                                                                                                                                                                                                                                                                      13 NEW 2 LEVEL CARPARK WITH EXISTING LOWER CAR
                                                                                                                                                                                                                                                                                                                                                                                                                                                         PARK BELOW
                                                                                                                                                                                                                                                                                                                                                                                                                                                      14 EXISTING MID CAR PARK
                                                                                                                                                                                                                                                                                                                                                                                                                                                      15 EXISTING UPPER CAR PARK
                                                                                                                                                                                                                                                                                                                                                                                                                                                      16 EXISTING PORTE-COCHERE
                                                                                                                                                                                                                                                  1
                                                                                                                                                                                                                                                                                                                                                                                                                                                      17 EXISTING PORTE-COCHERE ROOF
                                                                                                                                                                                                                                                DA3.03                                                                                                                                                                                                18 PEDESTRIAN ACCESS TO PORTE COCHERE
                                                                                                                                                                                                                                                                                                                                                                           HATCH ZONE INDICATES MSES
                                                                                                                                                                                                                                                                                                                                                                                                                                                         FROM MID CAR PARK
                                                                                                                                                                                                                                                      1                                                                                                                    ENVIRONMENTAL VALUES
                                                                                                                                                                                                                                                                                                                                                                                                                                                      19 NEW PORTE COCHERE ROOF
                                                                                                                                                                                                                                                 DA3.01                                                                                                                    GREEN DASH INDICATES                                                       20 EXISTING PORTE COCHERE ROOF EXTENSION
                                                                                                                                                                                                                                                               DA4.03
                                                                                                                                                                                                                                                                                                                                                                           AREA OF BIODIVERSITY                                                       21 SERVICE ACCESS TO POOL PLANT + WATER TANKS
                                                                                                                                                                                                                                                                                                                                                                           SIGNIFICANCE                                                               22 PLATEAU
                                                                                                                                                                                                                                                                                                                                                                                                                                                      23 SERVICE ROAD WAY EXTENSION
                                                                                                                                                                                                                                                                 1                                                                                                                                                                                    24 EXISTING SERVICE LANEWAY
                                                                                                                                                                                                                                                                                                                                                  2                                                                                                   25 EXISTING LOADING BAY
                                                                                                                                                                                                                 33                                                                                                                          DA3.03                                                                                                   26 EXISTING SITE ACCESS
                                                                                                                                                                                                                                                                                                                                                                                                                                                      27 EXISTING MANHOLE AT PORTE-COCHERE LEVEL
                                                                                                                                                                                                                                                                                                                                     8                                                                                                                28 EXISTING BUGGY PARKING




                                                                                                                                                                                                                               8305
                                                                                                                                                                                                                                                                                                                                                                                                                                                      29 EXISTING BUS PARKING




                                                                                                                                                                                                                                                                                                       0
                                                                                                                                                                                                                                                                                                    753
                                                                                                                                                                                                                                                                                                                                                                                                                                                      30 EXISTING BRIDGE CONNECTION
                                                                                                                                                                                                                                                                                                                                                                                                                                                      31 POOL PLANT BELOW
                                                                                                                                                                                              DA4.02    2                                                                                                                                                                                                                                             32 TENNIS COURT SHADE STRUCTURE
                                                                                                                                                                          19 X CARPARKS
                                                                                                                                                                                                       34                                                                                                                                                                                                                                                WITH SEATING BELOW
                                                                                                                                                                                                                                                                                                                                                                                                                                                      33 CONTROLLED GATE TO OVERFLOW CARPARKING
                                                                                                                                                                                       2.5 OU CONTOUR
                                                                                                                                                                                                                                                                                                                                                                                                                                                      34 REINFORCED TURF OVERFLOW CARPARKING / MULTI-
                                                                                                                                                                                                                                                                                           40
                                                                                                                                                                                                                                                                                                                                                                                                                                                      PURPOSE SPACE.
                                                                                                                                                                                                                                                      40
                                                                                                                                                                                                                                                                                                                                                                                                                                                      35 PEDESTRIAL ACCESS TO CLUBHOUSE
                                                                                                                                                                                                                                                                                                                                                                                                                                                      36 JACUZZI
                                                                                                                                                                                                                                                                                                                                                                                                                                                      37 68,000 LITRE WATER TANK BELOW
                                                                                                                                                                                                                                                           1                                                                                                                                                                                          38 SOLAR PANEL CARPORT ROOFS
                                                                                                                                                                                                                                                                                                             37


                                                                                                                                                                                                                                                                                                    40                                                                                                                                                     2.5 OU CONTOUR
                                                                                                                                                                                                                                                  1                                                                                                                                                                                                        SITE BOUNDARY
                                                                                                                                                                                                                                                                                                1                                                                                                                                                          EXISTING EASEMENT
                                                                                                                                                                                                                           2                    DA3.03
                                                                                                                                                                           2                                                                                                                                                                                                                                                                               EXISTING SEWER LINE
                                                                                                                                                                                              6                                                                                                                                                           23                                                                                               MSES ENVIRONMENTAL VALUES
                                                                                                                                                                                                                                                                               2                                                                                                                                                                           AREA OF BIODIVERSITY SIGNIFICANCE
                                                                                                                                                                      1            1                                                                                       DA3.03


                                                                                                                                                                           2                                                                                                                                      1                                                          1
                                                                                                                                                                                                                                                                                                             DA3.02                                                        DA3.02
                                                                                                                                                                                                                                                                                                                                                                                                                             SERVICE ROAD TO BE A
                                                                                                                                                                                                                                                                                                                                             22                     34                                                       MINIMUM 3.5m WIDE
                                                                                                                                                                                                                                                           DA4.03     2                                                         1
                                                                                                                                                                                                                       2                                                                                                                                         19 x CARPARKS
                                                                                                                                                                                                            36                                                                                                                                                 (INCLUDES 4xPWD)                        33


                                                                                                                                                                                              2




                                                                                                                                                                                                                                                                                                                                                                                                                    0
                                                                                                                                                                                                                                                                     12




                                                                                                                                                                                                                                                                                                                                                                                                                 350
                                                                                                                                                                                                                                                                                   2
                                                                                                                                                                                                                                                                               DA3.02           1



                                                                                                                                     3      2                                                                                                         37
                                                                                                                                 DA2.04   DA2.04
                                                                                                                    156
                                                                                                                       35                                                                                                                                                 31

                                                                                                                                                                                                                       21                                                                                                                                                                                               11
                                                                                                                                                                                                                                                                                                                                                                                                                                                                               SERVICE ROAD TO BE A
                                                                                                                                                 32                                                                                                                                                                                                                                                                                                                            MINIMUM 3.5m WIDE
                                                                              DA2.03      6
                                                                                                                                                                                                            DA4.02 1                                                                                                                                                                  10
                                                                                                                                 4                                    4                                                                                    1                                                                                                                                                                 28
                                                                                                                                                                                                                                                                                                                                                                                                                                                 24
                                                                                                                                                                                                             15
                                                                                                                                                     5
                                                                                                                                                                                                                                                                                                             3
                                                                                                                                                                                                                                                                                                                                20
                                                                                                                                                                                                                                                                                                                                                                                                            30
                                                                                                                                                 6                                                                                                                                                                                                                                                                                          35
                                                                                                                                                                                                                                                  3                                    4
                                                                                                                                                                                                                                                                                                                      19    27
                                                                                                                                 4                                    4                                                                                                                                                                               2
                                                                                                                                                                                                                                      14
                                                                                                                                                 32                                                                                             DA4.02                             DA4.02                                                         DA3.02
                                                                                                                                                                                                                                                                                         18
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               26
                                                                                                                                     3       2
                                                                                                                                                                                                                                                                                                                                                                                                                                      25
                                                                                                                                 DA2.04   DA2.04
                                                                                                                                                                                                                                                                                                                                                      17
                                                                                         26

                                                                                                                                                                                          7                           DA2.03                                                                                               16                                                                     9

                                                                                                                                                                                                                        1
                                                                                                                                                                                                                                                      1
                                                                                                                                     29                                                                                                          DA3.01
                                                                                                                                                                                                                                                                                                         3    DA2.03
                                                                                                                                                         DA2.03   4                            38


                                                                                                                                                                                                                                           13

                                                                                                                                                                                               38


                                                                                                                                                                                                                        2
                                                                                                                                                                                                                                                                                                                                                               PORTE COCHERE TO BE RENOVATED TO
                                                                                                                                                                                                                                                                                                                                                               ENSURE 4.3M HEIGHT CLEARANCE FOR
                                                                                                                                                                                                                      DA2.03                                                                                                                                   VEHICLE ACCESS




                      IMPORTANT NOTES:                                             REVISION DATE         DESCRIPTION            BY                                                                                                                                                                                                                                                    CLIENT                                          DRAWING TITLE
                                                                                    1         04/09/20   FOR INFORMATION        ST
                      Do not scale from drawings. All dimensions to be checked
                      on site before commencement of work. All discrepancies to 2
                                                                                    3
                                                                                              22/09/20
                                                                                              25/09/20
                                                                                                         FOR INFORMATION
                                                                                                         DA APPROVAL
                                                                                                                                ST
                                                                                                                                ST
                                                                                                                                                                                                                                                                                                                                                                                      NOOSA SPRINGS REAL ESTATE PTY                   SITE PLAN
                      be brought to the attention of the Architect. Larger scale
                      drawings and written dimensions take preference. This         4
                      drawing is copyright and the property of the author, and must 5
                                                                                              09/10/20
                                                                                              14/10/20
                                                                                                         DA APPROVAL REVISED
                                                                                                         DA APPROVAL REVISED
                                                                                                                                ST
                                                                                                                                ST
                                                                                                                                                                                                                                                                                                                                                                                      LTD
                      not be retained, copied or used without the express authority 6         04/11/20   COUNCIL PRESENTATION   ST
                                                                                                                                                                                                  Marchese Partners International Pty Ltd
                      of MARCHESE PARTNERS INTERNATIONAL PTY. LTD.                  7         01/12/20   DA APPROVAL REVISED    ST                                                                Level 14, 46 Edward Street. Brisbane, QLD 4000. Australia
                                                                                    8         19/10/21   CARPARK DESIGN         ST                                                                P +61 7 3211 2600 F +61 7 3211 0297 E [email protected]                                                                                                                     PROJECT                                         SCALE              DATE               DRAWN          CHECKED
                                                                                    9         12/11/21   RFI                    ST
                                                                                                                                                                                                  www.marchesepartners.com                                                                                                                                                                                                             1 : 500 @A1
                                                                                    10        04/03/22   DA REVISED DESIGN      ST
                                                                                                                                                                                                                                                                                                                                                                                      NOOSA SPRINGS BOUTIQUE HOTEL                                       09/02/23           AB             BY
                      FOR APPROVAL                                                  11
                                                                                    12
                                                                                    13
                                                                                              13/04/22
                                                                                              21/04/22
                                                                                              09/02/23
                                                                                                         REVISED DESIGN
                                                                                                         UPDATED DA DRAW INGS
                                                                                                         UPDATED DA DRAW INGS
                                                                                                                                BY
                                                                                                                                BY
                                                                                                                                LC
                                                                                                                                                                                                  Sydney · Brisbane· Melbourne · Adelaide
                                                                                                                                                                                                  Kuala Lumpur · Auckland · Christchurch · London · Madrid                                                                                                                                                                            JOB                DRAWING                           REVISION
                                                                                                                                                                                                  ABN 33 590 578 323                                                                                                                     0        5        10               20
                                NOT FOR CONSTRUCTION                                                                                                                                                                                                                                                                                                                                                                                  20079              DA1.00                            13
Document Set ID: 22048375
                   22309820
Version: 34,
         1, Version
         32, VersionDate:
                     Date:15/02/2023
                           05/07/2023
                           24/10/2023

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