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2107-23530 - Proposed content for changed referral agency response

Attached to the e-mail 2107-23530 SARA to change response - 61 Noosa Springs Dr, Noosa Heads - MCU21/0110.

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RA15-L



Our reference:      2107-23530 SRA



Proposed content of changed referral agency response with conditions
Change Representations and Minor Change
    On 5 May 2022, SARA issued a referral agency response which imposed conditions on any
      development approval. The conditions pertained to Koala habitat public and passenger transport.
    On 14 February 2023, the applicant notified the council of a change to its development
      application pursuant to section 26.1 of the Development Assessment Rules. The change to the
      development application was made in response to further issues raised by Noosa Council.
    On 15 February 2023 SARA received representations from the applicant seeking an amended
      referral agency response.
    The correspondence titled Response to Further Issues Request - Proposed ‘Boutique Hotel’
      prepared by Adamson Town Planning, dated 14 February 2023, reference number 16022
      provides the following summary of the changes to the application:
   - 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
   - Submission of the following updated plans to reflect the above:
                    Entry Link Level Plan, prepared by Marchese Partners, dated 12/11/2021
                        9/02/2023, drawing number 20079 DA1.01, revision 8 13; and
                    Site Plan, prepared by Marchese Partners, dated 12/11/2021 9/02/2023, drawing
                        number 20079 DA1.00, revision 9 13.
    On 7 March 2022, to ensure compliance with State Code 25 – SARA requested an amended
      detailed vegetation plan from applicant, demonstrating that the amended site plans will not
      impact NJKHTs within the mapped Koala Habitat Area
    On 9 March 2022, the applicant responded to SARAs request with the following updated plans:
                    Proposed Site Plan with Koala Habitat Overlay, prepared by Marchese Partners
                        International Pty Ltd, dated 12/11/2020 8/03/2023, Dwg. No. SK.01, Revision 1 2
                    Noosa Springs – Koala Habitat Area Tree Schedule, prepared by Gondwana
                        Ecology Group, dated 9/03/2023




The changes agreed to are:

Koala Habitat
    Condition 1 – this condition can be amended to reflect the new Site Plan with Koala Habitat
       Overlay (Drawing No. SK.01, Rev. 2).
    Condition 2 –the requirements regarding the allowance of clearing can be deleted given the
       identified 19 Non-Juvenile Koala Habitat Trees (NJKHTs) are being retained on the site.
           o SARA proposes an amended condition to ensure vegetation clearing does not include
                NJKHTs or native canopy species within the mapped Koala Habitat Area, as identified in
                within the new Site Plan with Koala Habitat Overlay (Drawing No. SK.01, Rev. 2).

                                                                    South East Queensland (North) regional
                                                                    office
                                                                    Level 4, Foundation Place 3 South Sea
                                                                    Islander Way, Maroochydore
 Page 1 of 9                                                        PO Box 1129, Maroochydore QLD 4558
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         Condition 3 – given the change made with the retention of the NJKHTs within the mapped Koala
          Habitat Area (KHA) there is no need to provide a Koala Management Plan, consequently, the
          condition can 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
          can be deleted; and
         Condition 5 – Given the retention of vegetation within the mapped KHA condition 5 can be
          deleted.

Traffic Management and Pedestrian Connectivity
     Condition 7 - this condition can be amended to reflect the new Site Plan (drawing number
        DA1.00) and Entry Link Level Plan, (prepared by Marchese Partners, drawing number DA1.01)
     Condition 8 - this condition can be amended to reflect the new Entry Link Level Plan, (prepared
        by Marchese Partners, drawing number DA1.01)
     Condition 9 - this condition can be amended to reflect the new Entry Link Level Plan, (prepared
        by Marchese Partners, drawing number DA1.01)


Conditions
Under section 56(1)(b)(i) of the Planning Act 2016 (the Act), the conditions set out in Attachment 1 must
be attached to any development approval.

Reasons for decision to impose conditions
The department must provide reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.

Advice to the assessment manager
Under section 56(3) of the Act, the department offers advice about the application to the assessment
manager—see Attachment 3.

Approved plans and specifications
The department requires that the plans and specifications set out below and enclosed must be attached
to any development approval.



 Drawing/report title              Prepared by              Date           Reference no.   Version/issue
 Aspect of development: Material change of use
 Noosa Springs – Koala             Gondwana Ecology         9 March        -               2
 Habitat Area Tree                 Group                    2023
 Schedule
                                   Marches Partners         8 March        Drawing SK.01   Rev 2
 Proposed Site Plan with                                    2023
 Koala Habitat Overlay
 Entry Link Level Plan             Marchese Partners        9 February     Drawing         Rev 13
                                                            2023           20079 DA1.01
 Site Plan                         Marchese Partners        9 February     20079 DA1.00    Rev 13
                                                            2023

enc       Attachment 1—Changed conditions to be imposed
          Attachment 2—Changed reasons for decision to impose conditions


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       Attachment 3—Changed advice to the assessment manager
       Approved plans and specifications




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Attachment 1—Changed conditions to be imposed


 No.     Conditions                                                                    Condition timing
 Material change of use
 Schedule 10, Part 10, Division 3, Subdivision 3, Table 1, Item 1—Koala habitat area in SEQ region—
 The chief executive administering the Planning Act 2016 nominates the Director-General of the
 Department of Environment and Science to be the enforcement authority for the development to which
 this development approval relates for the administration and enforcement of any matter relating to the
 following conditions:
 1.      The development must be carried out generally in accordance with the          At all times
         following documents:
          Proposed Site Plan with Koala Habitat Overlay, prepared by Marchese
            Partners International Pty Ltd, dated 12/11/2020 8/03/2023, Dwg. No.
            SK.01, Revision 1 2.


 2.      Clearing is limited to the removal of 19 non-juvenile koala habitat trees     At all times
         identified with a red ‘X’ on Proposed Site Plan with Koala Habitat
         Overlay, prepared by Marchese Partners International Pty Ltd, dated
         12/11/2020, Dwg. No. SK.01, Revision 1.
         Retention of native vegetation within the Koala Habitat Area,
         identified within following documents, is to be maintained:
              Proposed Site Plan with Koala Habitat Overlay, prepared by
                  Marchese Partners International Pty Ltd, dated 8/03/2023,
                  Dwg. No. SK.01, Revision 2
              Noosa Springs – Koala Habitat Area Tree Schedule,
                  prepared by Gondwana Ecology Group, dated 9/03/2023
 3.      Prior to any building or operational works being undertaken, prepare a        (a) to (e) Prior to
         Koala Management Plan, which must:                                            any clearing,
             (a) Identify the clearing and construction activities that may increase   building or
                  the risk of stress, injury or death of koalas; and                   operational works
                                                                                       being undertaken
         (b) Detail the management measures that will be implemented during
             clearing works to prevent the risks identified in part (a) of this
             condition, including but not limited to all of the following:
             i.       Details of pre-clearing inspections of the vegetation to be
                      cleared;
             ii.      Measures required under the Nature Conservation (Koala)
                      Conservation Plan 2017, including the staging and
                      sequencing of clearing and provisions for a koala spotter
                      during clearing operations;
             iii.     Procedures for the recovery of koalas;
             iv.      Measures for dealing with trapped, injured, orphaned and
                      deceased koalas;
             v.       Contact details for the contractor for reports of at risk or
                      injured koalas;
             vi.      Procedures for checking machinery for koalas; and
             vii.     Measures to protect retained koala habitat and vegetation
                      (including open land) in accordance with Australian Standard
                      AS4970-2009;

         (c) Detail the management measures that will be implemented during
             construction works to prevent the risks identified in part (a) of this
             condition, including but not limited to all of the following:
             i.        Procedures for dealing with trapped, injured, orphaned and


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                      deceased koalas;
             ii.      Contact details for the contractor for reports of trapped or
                      injured koalas;
             iii.     The use of fauna exclusion fencing;
             iv.      Measures to minimise the impact of construction related dust
                      on adjacent koala habitat;
             v.       Signage in areas of vehicular traffic on site;
             vi.      Procedures for checking machinery for fauna;
             vii.     Measures to manage the risks posed by dogs (e.g., guard
                      dogs) on site;
             viii.    Measures to protect retained koala habitat and vegetation
                      (including open land) in accordance with Australian Standard
                      AS4970-2009;
             ix.      Requirements for sequential clearing and koala spotter in
                      accordance with Nature Conservation (Koala) Conservation
                      Plan 2017;
             x.       Measures to raise awareness amongst construction workers
                      of koalas on and near the construction activities; and

        (d) Be certified by a suitably qualified and experienced person.
        AND

        (e) Submit the Koala Management Plan to the Department of
            Environment and Science at [email protected]

        (f) Implement the management measures contained in the Koala
           Management Plan.
4.      Deliver an environmental offset in accordance with the Environmental         Prior to
        Offsets Act 2014 to counterbalance the significant residual impacts on       commencing any
        the matter of state environmental significance being 19 non-juvenile         clearing works.
        koala habitat trees.

        Note: Section 16 of the Environmental Offsets Act 2014 provides that
        when an offset condition is imposed on an authority, a number of
        deemed conditions are taken to apply. These deemed conditions are
        detailed in sections 19B, 22, 24 and 25 of the Environmental Offsets Act
        2014. Contravention of a deemed condition is taken to be contravention
        of an imposed condition.

        More information on offset delivery can be found online.

        Please send the notice of election to [email protected].      Prior to the commencement of clearing activities, notify the Department      72 hours prior to
        of Environment and Science at [email protected] of:            commencement
                                                                                     of vegetation
             the expected date the clearing activity will commence;                 clearing.
             the expected duration of the clearing activity;
             the name and contact details of the koala spotter that has been
               contracted for the clearing activity; and
             the name, contact details and authority number of the spotter
               catcher that has been contracted for the clearing activity.
Schedule 10, Part 9, Division 4, Subdivision 1, Table 1, Item 1—Development impacting on State
transport infrastructure—The chief executive administering the Planning Act 2016 nominates the
Director-General of the Department of Transport and Main Roads to be the enforcement authority for
the development to which this development approval relates for the administration and enforcement of
any matter relating to the following conditions:



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7.      The development must provide a dedicated pedestrian pathway from the          Prior to the
        porte cochere to the hotel reception generally in accordance with the         commencement
        following:                                                                    of use, and
              Entry Link Level Plan, prepared by Marchese Partners, dated            where on site, to
                12/11/2021 9/02/2023, drawing number 20079 DA1.01, revision           be maintained at
                8 13; and                                                             all times
        Site Plan, prepared by Marchese Partners, dated 12/11/2021 9/02/2023,
        drawing number 20079 DA1.00, revision 9 13.
8.      (a) The development must provide a bus setdown facility as part of the        (a) – (b)
             porte cochere at the location shown as numbers 11 and 13 on the          Prior to the
             Entry Link Level Plan, prepared by Marchese Partners, dated              commencement
             12/11/2021 9/02/2023, drawing number 20079 DA1.01, revision 8            of use and to be
             13.                                                                      maintained at all
                                                                                      times
        (b) The bus setdown facility required in part (a) of this condition must be
             in accordance with the Disability Standards for Accessible Public        (c)
             Transport 2002 made under subsection 31(1) of the Disability             Prior to the
                                                                                      commencement of
             Discrimination Act 1992 and include the following:
                                                                                      use
                capacity for one (1) single unit rigid bus of 14.5m in length to
                 traverse the porte cochere as well as provision for the parking of
                 one (1) single unit rigid bus of 14.5m within the porte cochere;
                kerb modifications in accordance with Swept Path – 14.5, Coach,
                 prepared by Traffic Transport Plus, dated 01/02/22, Figure 2,
                 revision 1;
                provision for the parking of one (1) mini-bus of 8m in length with
                 8x5 trailer within the porte cochere whilst another mini-bus with
                 trailer traverses the porte cochere in accordance with Swept
                 Path – Mini Bus With Trailer, prepared by Traffic Transport Plus,
                 dated 01/02/2022, Figure 5, revision 1;
                lighting in accordance with AS/NZS 1158.3.1 – Lighting for
                 Roads and Public Spaces, Part 3.1: Pedestrian Area (Category
                 P) Lighting – Performance and Design Requirements; and
                access and hardstand, and shelter with seats, for waiting and
                 boarding/alighting passengers.

        RPEQ certification, with supporting documentation, must be provided to
        the Program Delivery and Operations Unit, North Coast Region
        ([email protected]) within the Department of Transport
        and Main Roads confirming that the development has been designed
        and constructed in accordance with parts (a) and (b) of this condition.
9.      (a) The development must provide a dedicated passenger loading zone           (a) - (b)
             within the porte cochere at the location shown as number 11 on the       Prior to the
             Entry Link Level Plan, prepared by Marchese Partners, dated              commencement of
             12/11/2021 9/02/2023, drawing number 20079 DA1.01, revision 8            use and to be
             13.                                                                      maintained at all
                                                                                      times


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        (b) The passenger loading zone required in part (a) of this condition
             must be designed and constructed to:                                     (c)
             (i)    Be suitable for use by a taxi catering for people with            Prior to the
                                                                                      commencement of
                      disabilities in accordance with:                                use
                       AS1428.1 - Design for access and mobility;
                       AS2890.6 – Parking Facilities, Part 6: Off-street parking
                           for people with disabilities;
                          Chapter 7 – Taxi Facilities of the Public Transport
                           Infrastructure Manual 2015; and
                          the Disability Standards for Accessible Public Transport
                           2002 - subsection 31(1) of the Disability Discrimination
                           Act 1992;
             (ii)     include lighting in accordance with AS/NZS 1158.3.1 –
                      Lighting for Roads and Public Spaces, Part 3.1: Pedestrian
                      Area (Category P) Lighting – Performance and Design
                      Requirements; and
             (iii)    provide access and hardstand, and shelter with seats, for
                      waiting and boarding/alighting passengers.

        RPEQ certification, with supporting documentation, must be provided to
        the Program Delivery and Operations Unit, North Coast Region
        ([email protected]) within the Department of Transport
        and Main Roads confirming that the development has been designed
        and constructed in accordance with parts (a) and (b) of this condition.




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Attachment 2—Changed reasons for decision to impose conditions

The reasons for this decision are:
The development complies with State code 25: Development in South East Queensland koala habitat
areas. Specifically, the proposed changes to the development:
     minimises the amount of interference with a Koala Habitat Area.
        Note: Interfering with koala habitat is defined under Schedule 24 of the Planning regulation 2017
        as:
        (a) means removing, cutting down, ringbarking, pushing over, poisoning or destroying in any way,
            including by burning, flooding or draining, native vegetation in a koala habitat area; but
        (b) does not include destroying standing vegetation by stock, or lopping a tree
     no longer involves the removal of Non- Juvenille Koala Habitat Trees within a Koala Habitat Area,
        requiring an environmental offset.
     through conditioning, will ensure that future exempted development clearing does not occur
        within the mapped Koala Habitat Area and suitable canopy species for koala habitat and
        essential habitat is retained

The development complies with State code 6: Protection of state transport networks. Specifically, the
proposed changes to development:
     continues to provide safe and direct access to public passenger transport infrastructure, including
       access by cycling and walking
     does not compromise existing safe and direct access to public passenger transport infrastructure,
       including access by cycling and walking

Findings on material questions of fact
The subject site is mapped as containing koala habitat area (core koala habitat area, based on DES
technical agency assessment the core koala habitat area is 0.19ha of the site).

With regards to regulated vegetation, the site is mapped as containing:

       0.19ha of Category B (remnant vegetation) area comprising of least concern RE 12.2.5 (Figure 3)
        (Vegetation Management Property Report);
       3.62ha of non-remnant area (Figure 3) (Vegetation Management Property Report);
       0.19ha of essential habitat for the following species (Figure 4) (Vegetation Management Property
        Report):
                      Crinia tinnula wallum froglet V;
                      Litoria freycineti wallum rocketfrog V;
                              Litoria olongburensis wallum sedgefrog V;
                      Calyptorhynchus lathami glossy black-cockatoo V;
                      Phascolarctos cinereus koala V; and
                      Acacia attenuate V;
       High risk area on the protected plants flora survey trigger map (Figure 5) (Vegetation
        Management Property Report).

Evidence or other material on which the findings were based
 development application material and submitted plans
 State Development Assessment Provisions (version 3.0)
 The Development Assessment Rules
 Planning Act 2016
 Planning Regulation 2017
 SARA DA Mapping system
 State Planning Policy mapping system


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Attachment 3—Changed advice to the assessment manager


 General advice
 1.      Terms and phrases used in this document are defined in the Planning Act 2016 its regulation or
         the State Development Assessment Provisions (SDAP) v2.63.0. If a word remains undefined it
         has its ordinary meaning.
 2.      Terms defined in the Glossary of Terms found within the state code 25: Development in South
         East Queensland koala habitat areas are taken to have the same meaning in these conditions.
 3.      A reference to state code 25 is a reference to the version of the state code 25: Development in
         South East Queensland koala habitat areas in effect as at the date of this development
         approval.
 4.      The Nature Conservation (Koala) Conservation Plan 2017 includes mandatory requirements
         that applies to all persons undertaking the clearing of koala habitat trees, including that clearing
         be undertaken sequentially and in the presence of a koala spotter. Penalties for non-
         compliance apply.
         For further information please contact the Department of Environment and Science at
         [email protected].      Despite this development approval, other permits or approvals may be required for the clearing
         of koala habitat. To determine if the proposed clearing requires other approvals under other
         local, State or federals laws go to www.qld.gov.au (search ‘vegetation clearing requirements’).
 6.      The development contains areas mapped as containing a high-risk area on the protected plant
         flora survey trigger map. Where clearing is proposed within a high-risk area, it is a requirement
         under the Nature Conservation Act 1992 to conduct a flora survey in accordance with the Flora
         Survey Guidelines to determine if there are any protected plants on the clearing site. If
         protected plants are found on the clearing site, a clearing permit under the Nature Conservation
         Act 1992 may be required.
 7.      The development contains habitat for threatened and special least concern fauna species. If
         the development requires tampering with a protected animal breeding place, a species
         management program may be required.

         More information on protected animal breeding places and species management programs can
         be found here: https://environment.des.qld.gov.au/licences-permits/plants-animals/species-
         management-program




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