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2020-08-20 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 20 August 2020
5pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING MINUTES 20 AUGUST 2020
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor C Stewart, Mayor
Councillor J Jurisevic
Councillor A Lorentson
Councillor B Stockwell
Councillor T Wegener
Councillor F Wilkie
EXECUTIVE
B de Chastel, Chief Executive Officer
M Shave, Director Corporate Services
K Contini, Director Community Services
K Rawlings, Director Environment & Sustainable Development
D Iezzi, Director Executive Services
C Billingham, Director Infrastructure Services
APOLOGIES
Councillor K Finzel
The meeting commenced at 5.00pm.
Council Resolution
Moved: Cr Stewart
Seconded: Cr Wilkie
That the operation of the Standing Orders or any relevant provision thereof be suspended to allow
Council to consider an item of General Business.
Carried unanimously.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Wilkie
That Noosa Council express its sincere condolences on the passing of former Councillor, Heather
Melrose, and to acknowledge Heather’s significant contribution to the Noosa Community.
Carried unanimously.
Council Resolution
Moved: Cr Stewart
Seconded: Cr Wilkie
That Standing Orders be resumed.
Carried unanimously.
Page 2 of 16
Section 3
ORDINARY MEETING MINUTES 20 AUGUST 2020
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wegener
The Minutes of the Ordinary Meeting held on 16 July 2020 be received and confirmed.
Carried unanimously.
3 MAYORAL MINUTES
Nil
4 PETITIONS
1 PETITION: REQUEST FROM THE ‘KEEP NOOSA 5G FREE’ COMMUNITY
INTEREST GROUP TO APPLY A MORATORIUM TO THE ROLL OUT OF 5G
TELECOMMUNICATIONS INFRASTRUCTURE IN THE NOOSA REGION
Council Resolution
Moved: Cr Lorentson
Seconded: Cr Wilkie
That the petition tabled by Cr Lorentson requesting that Council to apply a moratorium
to the roll out of 5G telecommunications infrastructure in the Noosa Region be received
and referred to the Chief Executive Officer to determine appropriate action.
Carried unanimously.
5 NOTIFIED MOTIONS
Nil.
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 3 of 16
Section 4
ORDINARY MEETING MINUTES 20 AUGUST 2020
8 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
11 AUGUST 2020 - Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart and Tom Wegener
Other Councillors in attendance: Cr Wilkie
The following Recommendations from the Planning & Environment Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Wegener
Seconded: Cr Lorentson
The Planning & Environment Committee recommendations dated 11 August 2020 be adopted.
Carried unanimously.
1 MCU19/0117 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
VISITOR ACCOMMODATION - TYPE 3 AT 500/90 BEACH ROAD, NOOSA NORTH SHORE
That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
for further consideration.
2 CLIMATE CHANGE RESPONSE PLAN
That Planning & Environment Committee Agenda Item 2 be referred to the General Committee
due to the significance of the issue.
3 PLANNING & ENVIRONMENT COURT APPEAL NO D102 OF 2020 - REFUSAL OF
ANCILLARY DWELLING UNIT AT 1/33 GATEWAY DRIVE, NOOSAVILLE
That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
for further consideration.
4 DEVELOPMENT ASSESSMENT FEES & CHARGES VARIATIONS FOR 1 JANUARY 2020
TO 30 JUNE 2020
That Council note the report by the Manger Development Assessment to Planning &
Environment Committee Meeting dated 11 August 2020 regarding waiver or partial waiver of
development application fees for 1 January 2020 to 30 June 2020 as detailed in the Report.
5 ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE - 4TH
QUARTER 2019-20
That Council note the report by the Director Environment and Sustainable Development to the
Planning and Environment Committee Meeting dated 11 August 2020 providing an update on
operations of the Environment and Sustainable Development Department for the period 1 April
to 30 June 2020.
Page 4 of 16
Section 5
ORDINARY MEETING MINUTES 20 AUGUST 2020
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
11 AUGUST 2020 - Crs Joe Jurisevic (Chair), Amelia Lorentson, Frank Wilkie and
Clare Stewart
Other Councillors in attendance: Cr Karen Finzel and Cr Tom Wegener (items 6 – 10)
The following Recommendations from the Services & Organisation Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wilkie
The Services & Organisation Committee recommendations dated 11 August 2020 be adopted.
Carried unanimously.
1 APPOINTMENT OF 2021 SHOW HOLIDAY
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 11 August 2020 and request the Chief Executive Officer to write to
the Office of Industrial Relations requesting the appointment of Friday, 10 September 2021 as
a Show Holiday for the Noosa Shire.
2 TENDER CONSIDERATION PLAN - COUNCIL FACILITY DESIGN AND CONSTRUCTION
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 11 August 2020 and:
A. Resolve to prepare a Tender Consideration Plan for the procurement of Design and
Construction services for a temporary accommodation house, under section 230 of the
Local Government Regulation 2012 and;
B. Delegate authority to the Chief Executive Officer to:
1. Prepare, finalise and adopt the plan; and
2. Enter into contract/s, within the Chief Executive Officer’s financial delegation, in
order to achieve the objectives of the Tender Consideration Plan.
3 COMMUNITY SERVICES DEPARTMENT UPDATE - 4TH QUARTER 2019-20
That Council note the report by the Director Community Services to the Services &
Organisation Committee meeting dated 11 August 2020 providing an update on the operations
of the Community Services Department for the period 1 April to 30 June 2020.
4 CORPORATE SERVICES DEPARTMENT UPDATE - 4TH QUARTER 2019-20
That Council note the report by the Director Corporate Services to the Services & Organisation
Committee Meeting dated 11 August 2020 providing an update on operations of the Corporate
Services Department for the period 1 April to 30 June 2020.
Page 5 of 16
Section 6
ORDINARY MEETING MINUTES 20 AUGUST 2020
5 NOOSA HOLIDAY PARKS UPDATE REPORT TO 30 JUNE 2020
That Council note the report by the Property Advisor Commercial Property to the Services &
Organisation Committee Meeting dated 11 August 2020 providing an update on operations of
the Noosa Holiday Parks Business Activity to 30 June 2020.
6 EXECUTIVE SERVICES DEPARTMENT UPDATE - 4TH QUARTER 2019-20
That Council note the report by the Director Executive Services to the Services & Organisation
Committee Meeting dated 11 August 2020 providing an update on operations of the Executive
Services Department for the period 1 April to 30 June 2020.
7 CAPITAL PROGRAM DELIVERY STATUS - 30 JUNE 2020
That Council note the report by the Asset Planning Manager to the Services & Organisation
Committee Meeting dated 11 August 2020 providing an update on the status of the 2019/20
Capital Works Program and note that the anticipated 2019/20 Financial Year capital
expenditure final result will be $25.9M, equivalent to 84% of the $30.8m capital works budget.
8 INFRASTRUCTURE SERVICES DEPARTMENT UPDATE - 4TH QUARTER 2019-20
That Council note the report by the Director Infrastructure Services to the Services &
Organisation Committee Meeting dated 11 August 2020 providing an update on operations of
the Infrastructure Services Department for the period 1 April to 30 June 2020.
9 OPERATIONAL PLAN PROGRESS REPORT - 4TH QUARTER 2019-20
That Services & Organisation Committee Agenda Item 9 be referred to the General Committee
due to the significance of the issue.
10 YEAR IN REVIEW – 2019-20
That Services & Organisation Committee Agenda Item 10 be referred to the General
Committee due to the significance of the issue.
Page 6 of 16
Section 7
ORDINARY MEETING MINUTES 20 AUGUST 2020
GENERAL COMMITTEE RECOMMENDATIONS
17 AUGUST 2020 - Crs Frank Wilkie (Chair), Joe Jurisevic, Amelia Lorentson, Clare Stewart,
Brian Stockwell and Tom Wegener
Apology: Cr Karen Finzel
1 MCU19/0117 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
VISITOR ACCOMMODATION - TYPE 3 AT 500/90 BEACH ROAD, NOOSA NORTH SHORE
Cr Lorentson declared a perceived conflict of interest in this matter (as defined in section 175D of the
Local Government Act 2009) due to her personal relationship with the applicant Mark Bain of Teatree
Property Pty Ltd and the Bain family, who are family friends that have attended social events together
and whose children both attended school together and surfed together as part of the Noosa Board
Riders Club. During the election Cr Lorentson had an election sign at Gympie Tce Petrol Station with
the approval of the business owner and Mark Bain was the landlord of the property. Mr Bain also
appeared in one of Cr Lorentson’s videos circulated during the election campaign. Cr Lorentson left the
meeting room for the debate and decision on this matter.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 9 June 2020 regarding Application No. MCU19/0117 for a
Development Permit for Material Change of Use - Visitor Accommodation - Type 3 Rural,
situated at Beach Road Holiday 500/90 Beach Road, Noosa North Shore and:
A. Refuse the application for the following reasons:
1. The proposed development is not for Visitor Accommodation - Type 3 Rural as
defined under the Noosa Plan because:
a) a Detached house and Entertainment and Dining Business Type 2
Recreation, amusement & fitness are proposed on the site;
b) alternatively a Detached house and an undefined use is proposed;
c) the proposed lagoon/wave pool does not constitute an ‘ancillary use’; and
d) the proposal does not have a direct connection with the environmental or
scenic values of site.
2. The proposed development is for:
a) a Detached house, being an inconsistent use in the Visitor Mixed Use Zone
under the Noosa North Shore Locality Plan and requiring impact
assessment; and
b) Entertainment and dining business - Type 2 Recreation, amusement &
fitness, being an inconsistent use in the Visitor Mixed Use Zone under the
Noosa North Shore Locality Plan and requiring impact assessment or
c) Alternatively an undefined use requiring impact assessment.
3. The proposal does not comply with the Strategic Framework and Community
Vision or the Desired Environmental Outcomes of The Noosa Plan for visitor
facilities and tourism in Noosa, as:
a) the proposed accommodation does not support a range of accommodation
styles on the Noosa North Shore, is limited to one dwelling unit and is likely
to undermine the planning scheme’s strategy to limit visitor accommodation
on the Noosa North Shore to key identified sites contrary to 1.7.8 c) of the
Page 7 of 16
Section 8
ORDINARY MEETING MINUTES 20 AUGUST 2020
Strategic Framework and 3.1.3 k) of the Desired Environmental Outcomes;
and
b) the proposed lagoon/wave pool is at odds with the natural setting, is not low
key and does not facilitate education and interpretation of the natural
environment, and instead relies on built infrastructure as the tourist attraction
contrary to 1.7.8 d) of the Strategic Plan and 3.1.3 k) of the Desired
Environmental Outcomes.
4. The proposal does not comply with the Overall Outcomes a), e), g), h), r), s), u),
and oo) and Specific Outcomes O1 and O9 of the Noosa North Shore Locality
Code, as the proposal:
a) is not directly related to recreational experiences offered in the locality, which
are based around the area’s natural environment;
b) is not consistent with maintaining the locality’s remote setting and
undeveloped character being an area largely dedicated to conservation;
c) is likely to adversely impact on the amenity of visitors and residents on the
Noosa North Shore;
d) is not secondary to its open space setting with a very low intensity and scale
of operation;
e) will undermine the ability of the North Shore to offer visitor accommodation;
f) is likely to require a large number of water tankers to initially fill and continue
to top up the wave pool which will impact on other ferry users and residents
along the road access; and
g) would result in significant adverse impacts on biodiversity, native vegetation,
native fauna habitat, landscape quality, and ground water quality as a result
of clearing, excavation and waste water disposal.
5. The proposal does not comply with the Overall Outcomes a) and c) and Specific
Outcomes O3, and O35 of the Visitor Accommodation Code, as the proposal:
a) is not of a scale and nature complementary and respectful to its
surroundings, has not been designed to integrate with the natural landscape
setting and will result in adverse environmental impacts;
b) is not compatible with and does not promote the natural environment.
6. The proposal does not comply with the Overall Outcomes a), b) c), d) and g) and
Specific Outcomes O1, O3, O4, O7, O8, O11, O14, O15, O16, O18 and O19 of the
Biodiversity Overlay Code, as the proposal would result in significant adverse
impacts on the natural environment as a result of:
a) clearing of threatened species habitat of high value regrowth vegetation;
b) the potential to pollute a wetland with high ecological values through waste
water disposal.
7. The development proposal is inconsistent with the 2020 Noosa Plan, in which the
land is zoned tourist accommodation, the provisions of which seek to restrict the
subject land for visitor accommodation and to preserve the amenity of the area and
natural vegetation in a similar manner to the 2006 Noosa Plan.
8. Since the time of lodgement of the development application the State mapping has
been updated, the subject land being now mapped as a koala priority area and
core koala habitat area in which development is prohibited under the Planning
Regulation 2017 to the extent it interferes with koala habitat.
Page 8 of 16
Section 9
ORDINARY MEETING MINUTES 20 AUGUST 2020
9. There is no significant economic or town planning need for the proposed
development.
10. There are no discretionary matters which would warrant approval of the proposed
development.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C. Note the application was lodged under the Noosa Plan 2006, which was superseded by
the Noosa Plan 2020, which commenced on 31 July 2020. All references to the ‘Noosa
Plan’ or ‘the planning scheme’ within the assessment report is in reference to the now
superseded Noosa Plan 2006.
For: Crs Wilkie, Wegener, Stockwell, Jurisevic
Against: Cr Stewart
Carried.
Cr Lorentson returned to the meeting.
2 CLIMATE CHANGE RESPONSE PLAN
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting on the Climate Change Response Plan dated 11 August 2020 and
A. Approve the Project Plan provided at Attachment 1;
B. Approve the Community and Stakeholder Engagement Plan provided at Attachment 2 to
the report, with the addition of a further community engagement outcome to be listed in
the “Aims of the Plan” as follows:
“To achieve greater Council, community and industry commitment to the implementation
of the plan as a result of meaningful collaboration during its development.”
and other such minor amendments as are determined appropriate by the Project Control
Group to achieve this outcome; and
C. Approve the updated Climate Emergency Response Plan PCG Charter provided at
Attachment 3 to the report.
Carried unanimously.
The following Recommendations from the General Committee were adopted without
discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Stewart
The General Committee recommendations dated 17 August 2020 be adopted except where dealt
with or held over by separate resolution.
Carried unanimously.
Page 9 of 16
Section 10
ORDINARY MEETING MINUTES 20 AUGUST 2020
3 PLANNING & ENVIRONMENT COURT APPEAL NO D102 OF 2020 - REFUSAL OF
ANCILLARY DWELLING UNIT AT 1/33 GATEWAY DRIVE, NOOSAVILLE
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 August 2020 regarding Planning & Environment
Court Appeal No. D102 of 2020 and agree to defend the appeal.
4 OPERATIONAL PLAN PROGRESS REPORT - 4TH QUARTER 2019-20
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 11 August 2020 providing an update on progress with the
implementation of the Operational Plan to 30 June 2020 and details of Council’s Key
Performance Indicators.
5 YEAR IN REVIEW – 2019-20
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 11 August 2020 providing a review of Council’s progress in the
2019/20 financial year towards achieving the five key focus areas set out in Council’s
Corporate Plan and thank Council staff for their efforts in the last twelve months to progress
so many significant projects and providing outstanding service to our community.
6 BUDGET REVIEW 1 (BR1) FOR THE 2020/21 FINANCIAL YEAR
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 17 August 2020 and approve the proposed changes to the budget for the
2020/21 financial year as outlined in the Revised Budget Financial Statements attached to the
report.
7 FINANCIAL PERFORMANCE REPORT – JULY 2020
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 17 August 2020 outlining July 2020 year to date financial performance against
budget, including performance against key financial sustainability indicators.
8 FIRE MANAGEMENT ACTIONS UPDATE
That Council note the report by the Environment Services Manager and Economic
Development Manager to the General Committee Meeting dated 17 August 2020 providing an
update on fire management actions currently underway to enhance community safety.
9 RAL17/0504 PLANNING &
ENVIRONMENT COURT APPEAL NO D61 OF 2018 REFUSAL OF APPLICATION TO
RECONFIGURE A LOT (1 INTO 4 LOTS) AT 135 LAKE WEBYA DRIVE, NOOSAVILLE
That Council note the report by the Manager Development Assessment to the General
Committee Meeting dated 17 August 2020 and agree to settle Planning & Environment Appeal
No. D61 of 2018 generally in accordance with the following conditions:
Page 10 of 16
Section 11
ORDINARY MEETING MINUTES 20 AUGUST 2020
When Conditions Must be Complied With
1. Unless otherwise stated, all conditions of this development approval must be complied
with prior to the plan sealing and the creation of the proposed lots. Compliance with the
conditions of approval is required at all times.
Approved Plans & Documents
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
60669 E Plan of Development (Proposed Community Title 31 July 2020
Subdivision of Lot 1 on RP36729) by Murray &
Associates
60669 E Plan of Development (Proposed Community Title 31 July 2020
Subdivision of Lot 1 on RP36729) – Aerial by
Murray & Associates
17623-SK100 F Preliminary Plan of Development (Sheet 1 of 2) by 6 August 2020
TOD
Figure 4 Bushfire Mitigation Plan by Land and Environment 31 July 2019
Consultants (LEC)
To be revised pursuant to condition 26
Flood Emergency Management Plan by Water 27 February 2020
Technology
Bushfire Management Plan to be approved
pursuant to condition 26
Vegetation Management Plan to be approved
pursuant to condition 39
Draft Covenant 22 June 2020
3. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
4. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting nuisance or other emissions.
Currency Period
5. The Currency Period for this development approval lapses if all conditions have not been
complied with, and the plan of survey lodged with Council for endorsement by 30 August
2024, unless an application to extend the currency period is approved by Council.
Plan of Development
6. All future dwellings on proposed Lots 1, 2 & 4 must be sited and constructed in
accordance with the approved building envelopes and dwelling controls as shown on the
Approved Plans. A copy of the approved Plan of Development and other management
plans (referred to in this development approval) and maximum building height
requirements must be included in any contract of sale for the proposed lots, together with
a clause which requires all dwellings to be constructed in accordance with the
development approval.
7. The Applicant must prepare a metes and bounds building envelopes plan indicating
building pad areas for the proposed lots. The areas must be in accordance with Plan of
Development, Drawing No. 17623-SK100, Revision F prepared by TOD Engineers and
Project Managers, dated 6 August 2020. The plan must be submitted in both hard copy
and digital format (dwg) on GDA 94 zone 56 coordinates. The Applicant must submit the
plan to Council for approval prior to the endorsement of the Plan of Survey.
Page 11 of 16
Section 12
ORDINARY MEETING MINUTES 20 AUGUST 2020
8. Dwellings and outbuildings are to be located within the building envelopes provided for
the proposed lots consistent with Plan of Development, Drawing No. 7623-SK100,
Revision F prepared by TOD Engineers and Project Managers, dated 6 August 2020.
9. Dwellings must not exceed a maximum building height of 9 metres measured from the
natural ground level as defined by the Noosa Plan 2006.
10. The Body Corporate is responsible for maintaining the access to the proposed lots in
accordance with the Plan of Development, Drawing No. 7623-SK100, Revision F
prepared by TOD Engineers and Project Managers, dated 6 August 2020.
Onsite Civil Works
11. Prior to sealing of the plan of survey, proposed Lots 1, 2 & 4 are to be filled to provide
suitable building pads and access in accordance with the Plan of Development, Drawing
No. 7623-SK100, Revision F prepared by TOD Engineers and Project Managers, dated
6 August 2020. The works required are to be in accordance with the following:
a) the building pad on proposed Lot 4 is to be located not less than 4m from the
southern boundary;
b) the building pads within proposed Lots 1, 2 & 4 are to achieve a minimum reduced
level of RL 2.600m (AHD) and battered down to natural ground;
c) the access driveway from Lake Weyba Drive to each of the proposed lots is to be
constructed in accordance with the Plan of Development, Drawing No. 7623-
SK100, Revision F prepared by TOD Engineers and Project Managers, dated 6
August 2020, including the provision of 5.5m wide passing bays as shown;
d) the access driveway is to achieve a minimum reduced level of RL 1.5m (AHD);
e) roadside flood height gauge boards are to be installed within the common property
to indicate depth of floodwaters to residents and occupiers of the site in metres
(AHD);
f) the filling works undertaken for the raised building pads and access driveways shall
be designed to prevent ponding within the proposed lots and on adjacent
properties;
g) all civil works within the site are to be certified by a Registered Professional
Engineer of Queensland (RPEQ).
Flood Emergency Management Plan
12. The Applicant is to notify all prospective purchasers of the proposed lots that the site is
subject to flooding hazard and provide them with a copy of the Flood Emergency
Management Plan (FEMP) dated 27 February 2020 prepared by Water Technology.
13. The FEMP (and associated procedures) must be complied with at all times. The Body
Corporate and the owners of the proposed lots, including successive landowners, are
responsible for implementing the FEMP.
14. All owners and occupiers of the proposed lots, including successive landowners, are to
be provided with a copy of the FEMP (and procedures for the purposes of implementing
the FEMP), for which the Body Corporate is responsible.
15. The Body Corporate is responsible for maintaining and providing suitable information
packs/kits to all owners and occupiers of the proposed lots. The information packs must
include details in relation to the flooding hazard, the FEMP and emergency flood
procedures. A copy of the information packs/kits must be submitted to Council prior to
the sealing of the survey plan.
16. The Applicant and the owners of the proposed lots are not permitted to undertake works
within the proposed lots that would undermine the operation and implementation of the
FEMP.
Page 12 of 16
Section 13
ORDINARY MEETING MINUTES 20 AUGUST 2020
17. Prior to sealing of the plan of survey, the Applicant is to install a flood height gauge and
siren, between 0.5m and 0.75m AHD, at a suitable low point on the common property to
indicate depth of flooding to residents and occupiers of the site as required by the FEMP.
The gauge and siren will be installed to Bureau of Meteorology (BOM) specifications.
This is to allow for site specific flood monitoring in conjunction with reviewing the BOM
weather warnings consistent with the FEMP, in particular Table 3-2.
18. The Body Corporate is responsible for the ongoing operation, management,
maintenance (which includes replacement) and testing of the flood height gauge and
siren (on an annual basis) and will enter into a contract with a suitable service contractor
to maintain the flood height gauge and siren to BOM specifications. The Body Corporate
is responsible for ensuring such maintenance contract is in force at all times.
19. The Body Corporate is responsible for advising all owners of the proposed lots of the
requirement for a service contract and of funding arrangements associated with the
ongoing operation, management and maintenance of the flood height gauge and siren
required to be constructed within the common property. The Body Corporate is
responsible for ensuring there are adequate funds at all times to operate, manage and
maintain the flood height gauge and siren.
20. All dwellings must be constructed in accordance with the minimum floor level
requirements, with the minimum habitable floor level above the probable maximum flood
level of 3.43m (AHD).
21. The Body Corporate is responsible for the overall communication, implementation, and
periodic update of the FEMP. A regular review of the FEMP shall be undertaken (at least
once every two years), which is regarded as an essential part of the risk awareness-
raising process.
22. The Body Corporate is responsible for ensuring that there is an active procedure for
notifying the owners and occupiers of the proposed lots of the potential for a flood and a
heavy rainfall event, and developing, maintaining and implementing emergency flood
procedures, in accordance with the FEMP.
23. The Body Corporate is responsible for advising the owners and occupiers of the
proposed lots that they are responsible for ensuring they have enough food, water, and
medical supplies to shelter in place for a minimum of three days.
External Road Works
24. Prior to sealing of the plan of survey, the Applicant is to upgrade part of Lake Weyba
Drive fronting the proposed development and extending to the north as shown on the
Plan of Development, Drawing No. 7623-SK100, Revision F prepared by TOD Engineers
and Project Managers, dated 6 August 2020.
25. The new roadwork will achieve a minimum reduced level of RL 1.5m (AHD) when
travelling to the north for approximately 23.2m, starting from the southern edge of the
access driveway, as shown on the Plan of Development, Drawing No. 7623-SK100,
Revision F prepared by TOD Engineers and Project Managers, dated 6 August 2020.
26. The roadwork will transition over a distance of approximately 11.3m to match the existing
pavement to the south of the access driveway, as shown on the Plan of Development,
Drawing No. 7623-SK100, Revision F prepared by TOD Engineers and Project
Managers, dated 6 August 2020.
Bushfire Management Plan
27. The Applicant is required to prepare a Bushfire Management Plan (BMP) in accordance
with Section 12 of the Joint Expert Report of bushfire experts prepared by Robert
Janssen and Rob Friend dated 12 August 2019 (the JER) and revise Figure 4 “Bushfire
Mitigation Plan” from the JER to reflect the amended lot layout. The BMP and Figure 4
is to be submitted with a development application for operational work. Council’s
Page 13 of 16
Section 14
ORDINARY MEETING MINUTES 20 AUGUST 2020
approval of the BMP must be obtained prior to sealing of the plan of survey. The BMP
is to be prepared by a suitably qualified and experienced bushfire expert and shall
include the following requirements.
28. At the time of registering the plan of survey, a covenant is to be registered on proposed
Lots 1, 2 and 4 in Council’s favour generally in accordance with the draft covenant.
29. The approved BMP (and the bushfire mitigation measures for implementing the approved
BMP) must be complied with at all times.
30. A fire trail will be established inside the perimeter of the Bushfire Protection Zone as
shown on Figure 4. The design specifications for the fire trail are:
a) minimum formed width of 4m (the access gate from the common property driveway
must also provide this clearance);
b) located inside a 6m wide vegetation clearing with minimum vertical clearance of
4m to overhanging tree branches;
c) surface rating of 6.5 tonnes for rural fire-fighter appliances;
d) all weather surface, e.g. gravel, concrete or bitumen, etc.;
e) 6m wide by 8m deep turnaround bay near the northern end; and
f) established as an access easement that is granted in favour of the Queensland
Fire and Rescue Service and Noosa Shire Council.
Ecological
31. The Applicant is required to prepare a Vegetation Management Plan (VMP). The VMP
is to clearly identify the extent of all development works, and particularly trees to be
retained and removed. The VMP is to be submitted with a development application for
operational work. The VMP must be implemented prior to sealing of the plan of survey.
The VMP is to be prepared by a suitably qualified and experienced ecologist and address
the following:
a) provide arborists advice seeking to minimise the loss of trees in close proximity to
development works;
b) the fire-trail within proposed Lot 1 is to be constructed to minimize tree removal,
and must avoid impacts to eucalypts where possible;
c) a fauna spotter be on site during tree clearing works;
d) any necessary removal of any gums (eucalypts) are to be replaced at a ratio of 3:1
(i.e. replant 3 trees for every 1 removed). This compensatory planting is to be
provided in the western portion of proposed Lot 1 and beyond the fire trail (a
planting plan which identifies planting locations and species is to be prepared);
e) weed management is to be undertaken on the western portion of proposed Lot 1;
f) the natural regeneration of the western part of the site (i.e. outside the bushfire
management area) shall be allowed to occur;
g) any boundary fencing for proposed Lot 1 must be fauna friendly;
h) erosion control measures (standard best practice) to be implemented where
necessary for any earthworks;
i) installation of four nest boxes (e.g. 1 x glider, 1 x possum and 2 x parrot) is required
in trees within the western portion of the site to compensate for the lack of hollows
in the local landscape.
Community Management Statement
32. The community management statement for the proposed development must, at all times,
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Section 15
ORDINARY MEETING MINUTES 20 AUGUST 2020
contain provisions requiring strict compliance by the owners and occupiers of the
proposed lots with the approved FEMP and the maximum building height requirements.
The community management statement must be submitted to the Council at the time of
sealing of the plan of survey.
Owners responsible for Body Corporate
33. The owners of the proposed lots, including successive landowners must, jointly and
severely, ensure that the requirements of these conditions to be carried out by the Body
Corporate or for which the Body Corporate is responsible, are complied with.
Water & Sewer Connections
34. An underground connection to reticulated water and sewerage must be provided to each
lot in accordance with the standards and requirements of Northern SEQ Distributor–
Retailer Authority (Unitywater).
35. 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 each lot OR the development site
(for MCUs).
Boundary Encroachments
36. Certification must be submitted from a Licensed Surveyor which certifies that:
a) the setback/s to any new boundaries for any existing buildings remaining on the
site comply with the relevant provisions of the planning scheme and the Building
Act 1975, unless varied by the development approval;
b) the constructed access and manoeuvring areas (including associated fill batters
and retaining walls) are fully contained within common property, including the 6m
wide by 8m deep turnaround bay required to facilitate efficient access and egress
for emergency services;
c) the fire trail and easement are established inside the perimeter of the Bushfire
Protection Zone on proposed Lot 1;
d) all utility services and connections (e.g. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included
within an easement;
e) all retaining walls and structures are fully contained within the lot they retain; and
f) any fill, including fill batters, are wholly contained within the subject site and not on
adjacent properties.
Electricity and Telecommunication Services
37. Underground reticulated electricity and telecommunication services must be provided to
each lot in accordance with an approval for Operational Works and the standards and
requirements of the relevant service provider.
38. 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.
39. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and all
applicable legislation at the time of construction.
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Section 16
ORDINARY MEETING MINUTES 20 AUGUST 2020
9 ORDINARY MEETING REPORTS
Nil.
10 CLOSED SESSION
Nil.
11 PUBLIC QUESTION TIME
Nil.
12 NEXT MEETING
The next Ordinary Meeting will be held on 17 September 2020 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 5pm.
13 MEETING CLOSURE
The meeting closed at 5.17pm.
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