MCU14/0106 & OPW15/0001 Town Planning Report & Appendix A Code Compliance

                                                                                                                Town Planning Report
                                 28 Eenie Creek Road, Noosaville and parts of the road reserves of Hofmann Drive and Walter Hay Drive



The covenant generally seeks to preserve native vegetation within the covenant area, however, it is not an
absolute prohibition on development within the covenant area.
The terms of the covenant allows development (including buildings, structures, trails, paths etc.) within the
covenant area where that development is approved by Noosa Shire Council.
A future bridge connection between SBC Precincts B1 and E1 was also contemplated at the time the existing
Noosa Civic was approved. The Negotiated Decision Notice issued by Noosa Shire Council on 14 August
2003, and subsequently changed on 17 March 2005 and 13 April 2006, included two conditions which
referenced a future bridge connection. Those conditions are reproduced as follows (our emphasis in bold):
                      Open Space Area (OS7) – Environmental Drainage
          34.         The OS7 area shall be generally in accordance with MP2 and the approved plans, such that
                      there is no net loss in the area of continuous open space in the OS7 area to facilitate the
                      provision of infrastructure, but excluding the proposed future bridge.
          35.         The existing drainage way shall be included within OS7 with at least 10m of native forest on
                      either side of the watercourse. With the exception of:
                      35.1     the bikeways/pathways on MP2;
                      35.2     a revegetated (with native species) swale at the northern end of OS7;
                      35.3     outfalls for discharging treated stormwater into OS7 and associated erosion control
                               works;
                      35.4     future bridge (subject of a future application) between the retail centre and main
                               employment node E1
                               No development or construction works shall be permitted in OS7.
The approved plans for the existing Noosa Civic development, including the overall site plan (dwg no.
Q0201.01.1b/U) and retail site plan (dwg no. Q0201.02.1b/S), also illustrate a future bridge connection over
OS7 to Precinct E1.
The approved plans of development and the conditions of approval clearly contemplate a bridge crossing over
OS7, and the proposed pedestrian link over Covenant J is consistent with the intent for a key linkage to be
provided through this part of the site.
Map SBC contemplates a bicycle path traversing the covenant area, both in a north-south direction and in an
east-west direction. The proposed pedestrian link, which connects the existing Noosa Civic in Precinct B1 and
the proposed expansion, generally, in Precinct E1 broadly follows the alignment of the east-west bicycle path
through the covenant area. Access in this case is limited to pedestrians and the connection is elevated above
the vegetation, rather than at ground level.
A bicycle path traversing the covenant area in a north-south direction is not proposed to be provided as the
applicant is unable to ensure this area remains safe for users of the path. The covenant area is heavily
vegetated and the pathway would not be visible. Opportunities for surveillance in this area are heavily
compromised by the density of existing vegetation and the topography of the covenant area.

7.7               Native Vegetation
The Noosaville Locality Code, at Probable Solution S23.1, discusses the protection of native vegetation and
open space corridors, as follows:
          S23.1       Open space corridors and existing native vegetation in areas indicated in Schedule 5 – Map
                      4 are protected from fragmentation and encroachment by development.
Schedule 5 – Map 35 of The Noosa Plan identifies areas of existing native vegetation and open space corridors.
The area of the site to which the proposed development relates is identified as an area of existing native
vegetation.


5
    The reference to Schedule 5 – Map 4 in S23.1 is understood to be a typographical error


December 2014                                                  Cardno HRP                                                         66