20220728 Ltr Negotiated Decision Notice 17-19 Noosaville

   We conclude that Condition 5 of the Development Approval is not imposed for a proper planning
   purpose, and unlawful and should be removed.

   (2) Condition 14, which says

       “Security in the Form of a cash bond or trading bank guarantee to the sum of $50,000 must be
       submitted to Council, to secure performance of all conditions of this approval, prior to a 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”.

   We conclude that Condition 14 is neither reasonable nor relevant as prescribed under the Planning
   Act 2016 and should be removed. The condition is ambiguous in terms of release as conditions are
   required to be maintained for the duration of the development.

   (3) Condition 53, which says

       “Prior to the prestart meeting, a bank guarantee or a bond of $30,000 must be lodged as security
       for the protection of the tree/s identified for retention in the conditions of this approval. The
       bond:

       a) may be drawn upon by Council in its entirety if any one tree identified for retention
          is damaged to the point where the tree cannot be saved (as confirmed by the
          project arborist and agreed in writing by Council)
       b) will be returned upon practical completion of all the operational works relating to
          this development”.

   We conclude that the condition is not reasonable and propose the following amendment:

       “Prior to the prestart meeting, a bank guarantee or a bond of $30,000 must be lodged as security
       for the protection of the tree/s identified for retention in the conditions of this approval. The
       bond:

       a) may be drawn upon by Council in its entirety if any one tree identified for retention
          is damaged to the point where the tree cannot be saved (as confirmed by the
          project arborist and agreed in writing by Council); and

       b) the tree cannot be rehabilitated elsewhere on the site via new stock at a replanting ratio of
          1:2 (in a location to be agreed to in writing by Council).

       The bond will be returned upon practical completion of all the operational works relating to
       this development (where a) and b) above are met)”.


Representations on Conditions of Approval

Stockwell’s representations and the facts and circumstances which support the representations are
outlined below: