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Representations to SARA.pdf
Court Appeals & Dispute Resolution
Applications & Assessment
Due Diligence & Compliance
Project Management
General Development Advice
Tuesday, 14th February 2023
Our Ref: 16022
Council Ref: MCU21/0110
SARA Reference: 2107-23530 SRA
State Assessment Referral Agency
South East Queensland (North) regional office
PO Box 1129
Maroochydore QLD 4558
By Email: [email protected]
Attention: Danika Cowie, Principal Planning Officer
Dear Danika,
Response to Further Issues Request - Proposed ‘Boutique Hotel’, Noosa Springs Golf and
Spa Resort, 61 Noosa Springs Drive, Noosa Heads, described as Lot 4 on SP178340
In response to the further issues raised by Noosa Council about the removal of koala habitat
from within the Core Koala Habitat Area and the removal of trees from other areas of the site
under the Biodiversity Overlay, the applicant has changed the application in accordance with
section 26.1 of the Development Assessment Rules.
The purpose of this letter is to provide advice about the changes being made and to make
representations to the conditions of approval issued by the State Assessment Referral Agency
(SARA) on 5 May 2022.
The notice about the “minor change” provided to the assessment manager includes the
following:
• Letter from Adamson Town Planning, including:
o Attachment 1 – Amended Proposal Plans
o Attachment 2 – Updated Landscape Concept Plan
o Attachment 3 – Advice from Gondwana Ecology
o Attachment 4A – Advice from Rob Friend and Associates; and
o Attachment 4B – Updated Bushfire Hazard Assessment and Mitigation Plan.
A copy of the change application is attached. For simplicity herein, the references to the
attachments remain the same as above.
Adamson Town Planning Pty Ltd
(ACN: 163 798 374 | ABN: 73 163 798 374)
M| 0437 754 420 Mail: PO Box 894, Cooroy QLD 4563
‘Noosa Boardroom’, 28 Eenie Creek Road, Noosaville QLD 4566
Email| [email protected] Web| www.adamsontownplanning.com.au
[OCR of page images]
Court Appeals & Dispute Resolution
Applications & Assessment
A a i i ] S oO ri Due Diligence & Compliance
Project Management
TY p TOW n P | a nn i n g General Development Advice
SPECIALIST SERVICES, PRACTICAL SOLUTIONS
Tuesday, 14‘ February 2023
Our Ref: 16022
Council Ref: MCU21/0110
SARA Reference: 2107-23530 SRA
State Assessment Referral Agency
South East Queensland (North) regional office
PO Box 1129
Maroochydore QLD 4558
By Email: [email protected]
Attention: Danika Cowie, Principal Planning Officer
Dear Danika,
Response to Further Issues Request - Proposed ‘Boutique Hotel’, Noosa Springs Golf and
Spa Resort, 61 Noosa Springs Drive, Noosa Heads, described as Lot 4 on SP178340
In response to the further issues raised by Noosa Council about the removal of koala habitat
from within the Core Koala Habitat Area and the removal of trees from other areas of the site
under the Biodiversity Overlay, the applicant has changed the application in accordance with
section 26.1 of the Development Assessment Rules.
The purpose of this letter is to provide advice about the changes being made and to make
representations to the conditions of approval issued by the State Assessment Referral Agency
(SARA) on 5 May 2022.
The notice about the “minor change” provided to the assessment manager includes the
following:
e Letter from Adamson Town Planning, including:
o Attachment 1 —- Amended Proposal Plans
Attachment 2 —- Updated Landscape Concept Plan
Attachment 3 — Advice from Gondwana Ecology
Attachment 4A — Advice from Rob Friend and Associates; and
Attachment 4B - Updated Bushfire Hazard Assessment and Mitigation Plan.
oo 0 0
A copy of the change application is attached. For simplicity herein, the references to the
attachments remain the same as above.
Adamson Town Planning Pty Ltd
(ACN: 163 798 374 | ABN: 73 163 798 374)
M| 0437 754 420 Mail: PO Box 894, Cooroy QLD 4563
‘Noosa Boardroom’, 28 Eenie Creek Road, Noosaville QLD 4566
Email] [email protected] Web| www.adamsontownplanning.com.au
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Page 2
“Adamson Town Planning, specialising in providing higher order town planning
advice”
A new set of the proposal plans, including the change is provided as Attachment 1.
The changes being made to the proposed development that are relevant to SARA include the
following:
• All four tennis courts have been relocated above the upper car parking levels as shown
on the amended Site Plan (refer Figure 1 - Drawing No. DA1.00). This change includes
the relocation of the tennis pavilion centrally located within the tennis courts
themselves. The tennis courts are elevated to provide additional covered car parking
beneath as shown on the Tennis Courts plan (Drawing No. DA2.04).
• The relocation of the tennis courts means the 19 Non-Juvenile Koala Habitat Trees
(NJKHTs) from within the Core Koala Habitat Area previously sought to be removed
will now be retained. The architect has confirmed the construction of the relocated
tennis courts can be achieved without interfering with the NJKHTs within the Core
Koala Habitat Area.
Figure 1 – Extract of Site Plan
With respect to other changes being made, the applicant is intending to make use of this area
of the site which originally contained the tennis courts, given the NJKHTs are now being
retained. Instead, this area will be used for passive recreation as shown in the amended
Landscape Concept Plan (LCP) refer Figure 2 (Attachment 2).
The use of this area will include the following:
• An all-weather bush pathway meandering through the trees to be retained.
• Provision of small timber decks amongst the existing vegetation.
• New art work in various locations in a vegetated setting.
• Information signage provided within the vegetated area; and
• Small cabanas beside the open lawn areas within existing cleared areas.
2|Page
16022 – Noosa Springs “Boutique Hotel”
[OCR of page images]
G
Adamson
Town Planning
“Adamson Town Planning, specialising in providing higher order town planning
advice”
A new set of the proposal plans, including the change is provided as Attachment 1.
The changes being made to the proposed development that are relevant to SARA include the
following:
e All four tennis courts have been relocated above the upper car parking levels as shown
on the amended Site Plan (refer Figure 1 - Drawing No. DA1.00). This change includes
the relocation of the tennis pavilion centrally located within the tennis courts
themselves. The tennis courts are elevated to provide additional covered car parking
beneath as shown on the Tennis Courts plan (Drawing No. DA2.04).
e The relocation of the tennis courts means the 19 Non-Juvenile Koala Habitat Trees
(NJKHTs) from within the Core Koala Habitat Area previously sought to be removed
will now be retained. The architect has confirmed the construction of the relocated
tennis courts can be achieved without interfering with the NJKHTs within the Core
Koala Habitat Area.
Figure 1 — Extract of Site Plan
With respect to other changes being made, the applicant is intending to make use of this area
of the site which originally contained the tennis courts, given the NJKHTs are now being
retained. Instead, this area will be used for passive recreation as shown in the amended
Landscape Concept Plan (LCP) refer Figure 2 (Attachment 2).
The use of this area will include the following:
e Anall-weather bush pathway meandering through the trees to be retained.
e Provision of small timber decks amongst the existing vegetation.
e New art work in various locations in a vegetated setting.
e Information signage provided within the vegetated area; and
e Small cabanas beside the open lawn areas within existing cleared areas.
2|Page
16022 — Noosa Springs "Boutique Hotel”
Page 3
“Adamson Town Planning, specialising in providing higher order town planning
advice”
Figure 2 – Extract of Landscape Concept Plan
Understorey management and landscaping is to be provided within this location. During the
onsite inspection with Council officers, it was noted the understorey in this part of the site is
currently infested by weeds, which is to be managed and does not provide ecological value.
The additional understorey planting will consist of species from the Closed Forest Areas list
Table 8.3 - Secondary Character - Small/Medium Shrubs, Vines and Groundcovers provided in
the LCP for Zone 6 (refer Attachment 2).
It is logical to make some use of this part of the land while maintaining the koala habitat. This
will now be a feature of the resort with the pathways and other facilities being integrated
onsite and linking to other usable open space areas and the lagoon pool.
These changes are the only changes that have been made to the proposal and constitute a
minor change1. In any event, the change being made is in response to a request for further
advice from the Council. Consequently, under the part 26.1 of the Development Assessment
Rules the development assessment process does not stop; however, the applicant has
requested the application not be decided until SARA has considered the changes made and
the representations to the conditions of approval, discussed below.
1
PA2016, Schedule 2
3|Page
16022 – Noosa Springs “Boutique Hotel”
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&
Adamson
Town Planning
“Adamson Town Planning, specialising in providing higher order town planning
advice”
4
PLANKEY 8 isterfalinfnity edge with shallow areafor 16. Sunkan replace wth wet edge thats pot ‘medittion/elaraton
Listing remnant vegetation tobe retained sunlounging in water and wet edges tosides fence compliant, 2a
with weedmanagemertimplemestaton. 8. sloped garden bed 17, stepping plints acess poo! surace
2 Tennis cout with carparking below 30. stone staircase
3. verfow ar park a. Poel gate
Vehicle Aerse 422, sunlounge aes
Raised plarter wih subtropical planing 13. aed planter with pool fence and gate
spa 46 Tees pavilion
7. Poolianduithsuntounges and grdens 35. Lavm
om 5 15 2B
—$
eee ener e ee 1.3 Landscape Concept Plan - Lower
and Upper Ground Floor Place
som tees | sxth072073 design im
noosa Spengssouiue rete | QFOUPs
Figure 2 — Extract of Landscape Concept Plan
Understorey management and landscaping is to be provided within this location. During the
onsite inspection with Council officers, it was noted the understorey in this part of the site is
currently infested by weeds, which is to be managed and does not provide ecological value.
The additional understorey planting will consist of species from the Closed Forest Areas list
Table 8.3 - Secondary Character - Small/Medium Shrubs, Vines and Groundcovers provided in
the LCP for Zone 6 (refer Attachment 2).
It is logical to make some use of this part of the land while maintaining the koala habitat. This
will now be a feature of the resort with the pathways and other facilities being integrated
onsite and linking to other usable open space areas and the lagoon pool.
These changes are the only changes that have been made to the proposal and constitute a
minor change’. In any event, the change being made is in response to a request for further
advice from the Council. Consequently, under the part 26.1 of the Development Assessment
Rules the development assessment process does not stop; however, the applicant has
requested the application not be decided until SARA has considered the changes made and
the representations to the conditions of approval, discussed below.
PA2016, Schedule 2
3|Page
16022 — Noosa Springs “Boutique Hotel”
Page 4
“Adamson Town Planning, specialising in providing higher order town planning
advice”
Concurrence Agency Conditions
Pursuant to section 28 of the Development Assessment Rules, the applicant is seeking to change
the concurrence agency conditions to reflect the minor change. In essence, the change
provides for the retention of the 19 NJKHTs within the Core Koala Habitat Area, which was one
of the triggers for the application to be referred to SARA.
The proposed development is now not interfering with koala habitat within the Core Koala
Habitat Area. Consequently, it is requested the conditions be amended and or deleted as
follows:
• Condition 1 – this condition should be amended to reflect the new Site Plan (Drawing
No. DA1.00).
• Condition 2 – this condition could be deleted given the identified 19 NJKHTs are being
retained on the site.
• Condition 3 – given the change made with the retention of the 19 NJKHTs and that
Gondwana Ecology has found no evidence of Koala frequenting the site, there is no
need to provide a Koala Management Plan, consequently, the condition should be
deleted.
• Condition 4 – Given the 19 NJKHTs within the Core Koala Habitat Area are being
retained, there is no need for an environmental offset to be provided and the condition
should be deleted; and
• Condition 5 – Given the above, it is also questioned whether there is a need for
condition 5, which should be deleted.
No other changes are necessary to the conditions of approval to be consistent with the
proposal, including the minor change.
The Council has been requested not to decide the application until the representations to the
conditions of approval have been considered by SARA and an amended referral agency
response is provided. The decision making period has been extended by agreement to 16
March 2023.
Please advise if you have any concerns about the change being made and or about amending
or deleting the conditions of approval as requested.
Should you require further information please contact me.
Yours faithfully
Shane Adamson
Shane Adamson (BEngTech, GDURP, MPIA, MQELA)
Town Planning Specialist
Director - Adamson Town Planning Pty Ltd
4|Page
16022 – Noosa Springs “Boutique Hotel”
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|
“Adamson Town Planning, specialising in providing higher order town planning
Adamson
advice
Town Planning
Concurrence Agency Conditions
Pursuant to section 28 of the Development Assessment Rules, the applicant is seeking to change
the concurrence agency conditions to reflect the minor change. In essence, the change
provides for the retention of the 19 NJKHTs within the Core Koala Habitat Area, which was one
of the triggers for the application to be referred to SARA.
The proposed development is now not interfering with koala habitat within the Core Koala
Habitat Area. Consequently, it is requested the conditions be amended and or deleted as
follows:
e Condition 1 - this condition should be amended to reflect the new Site Plan (Drawing
No. DA1.00).
e Condition 2 - this condition could be deleted given the identified 19 NJKHTs are being
retained on the site.
e Condition 3 - given the change made with the retention of the 19 NJKHTs and that
Gondwana Ecology has found no evidence of Koala frequenting the site, there is no
need to provide a Koala Management Plan, consequently, the condition should be
deleted.
e Condition 4 - Given the 19 NJKHTs within the Core Koala Habitat Area are being
retained, there is no need for an environmental offset to be provided and the condition
should be deleted; and
e Condition 5 - Given the above, it is also questioned whether there is a need for
condition 5, which should be deleted.
No other changes are necessary to the conditions of approval to be consistent with the
proposal, including the minor change.
The Council has been requested not to decide the application until the representations to the
conditions of approval have been considered by SARA and an amended referral agency
response is provided. The decision making period has been extended by agreement to 16
March 2023.
Please advise if you have any concerns about the change being made and or about amending
or deleting the conditions of approval as requested.
Should you require further information please contact me.
Yours faithfully
Shaue Aedamsou
Shane Adamson (BEngTech, GDURP, MPIA, MQELA)
Town Planning Specialist
Director - Adamson Town Planning Pty Ltd
4|Page
16022 — Noosa Springs “Boutique Hotel”