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2020-08-31 Special Meeting Minutes
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MINUTES
Special Meeting
Monday, 31 August 2020
commencing at 10.30am
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
SPECIAL MEETING MINUTES 31 AUGUST 2020
PURPOSE OF MEETING
The purpose of the Special Meeting was to consider:
1. Temporary Event Permit Approvals during COVID-19 Pandemic; and
2. RAL18/0023 – Planning & Environment Court Appeal No. 765 of 2020 – Refusal of
Application for Reconfiguring a Lot (1 Lot into 23 Lots) at 28 Eenie Creek Road, Noosaville.
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor C Stewart, Mayor
Councillor K Finzel
Councillor J Jurisevic
Councillor A Lorentson
Councillor B Stockwell
Councillor T Wegener
Councillor F Wilkie
EXECUTIVE
B de Chastel, Chief Executive Officer
C Irwin, Acting Director Corporate Services
K Contini, Director Community Services
K Rawlings, Director Environment & Sustainable Development
C Billingham, Director Infrastructure Services
APOLOGIES
Nil.
The meeting commenced at 10.30am.
2 REPORTS
1 TEMPORARY EVENT PERMIT APPROVALS DURING COVID-19 PANDEMIC
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Wilkie
That Council note the report by the Property Manager to the Special Meeting dated 31
August 2020 and:
A. Refuse Temporary Event permit applications for Category 1 events (greater than
10,000 people) and Category 2 events (not fewer than 500 or more than 10,000
people);
B. Agree to consider an update report regarding Category 1 and Category 2 events
and the broader events environment at Council’s February 2021 round of
meetings;
C. Allow Category 3 events including markets with fewer than 500 people subject to
Council’s normal permit application assessment and approval process and the
following additional assessment criteria:
Page 2 of 15
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SPECIAL MEETING MINUTES 31 AUGUST 2020
Satisfactory completion of a COVID Safe Event Checklist including a
signed and displayed Statement of Compliance;
Events to be focused towards Sunshine Coast participants only;
No provision of alcohol (not licensed) unless the applicant has sought an
exemption from Council and the exemption has been formally considered
by Council;
Consideration of the potential for the event to attract larger attendance
numbers than forecast;
Events that have capacity to implement controlled seating and allocated
areas will be preferred to those with uncontrolled movement of people, i.e.
attendees intermingling onsite; and
Current health advice from the State.
D. Approve the establishment of the COVID-19 Event Reference Group as outlined
in the report whose role will include but not be limited to:
1. Reviewing and making decisions regarding event application requests;
2. Reviewing Category 3 Event Decision Making Framework Assessment
Criteria as outlined in the report;
3. Developing a risk-based decision making framework to guide future event
approvals within the COVID-19 environment which will consider public
health and economic impact factors;
4. Monitoring the success or otherwise of COVID Safe event plans and
procedures both within the Shire and external to it.
5. Providing advice and analysis relating to the above to inform Council’s
review in February 2021; and
E. Authorise the CEO to review and amend membership of the COVID-19 Event
Reference Group as required.
Carried unanimously.
2 RAL18/0023 – PLANNING & ENVIRONMENT COURT APPEAL NO. 765 OF 2020 –
REFUSAL OF APPLICATION FOR RECONFIGURING A LOT (1 LOT INTO 23
LOTS) AT 28 EENIE CREEK ROAD, NOOSAVILLE
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Stewart
That Council note the report by the Manager Development Assessment to the Special
Meeting dated 31 August 2020 regarding Planning & Environment Court Appeal No.
765 of 2020 and:
A. Agree to settle the appeal generally in accordance with the following conditions
subject to the Infrastructure Agreement and Deed of Agreed Delivery
Arrangement being executed prior to the matter going before the Planning &
Environment Court:
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be
complied with prior to the submission of the subdivision plan to Council.
Page 3 of 15
Section 4
SPECIAL MEETING MINUTES 31 AUGUST 2020
Approved Plans
2. Development undertaken in accordance with this approval must generally
comply with the following approved plans of development (as amended, if
required).
Plan No. Rev. Plan/Document Name Date
034389.59 V1 Proposed Subdivision, Sheet 1 15/01/2020
034389.59 V1 Diagram A and Diagram B, Sheet 2 15/01/2020
034389.59 V1 Diagram C and Diagram E, Sheet 3 15/01/2020
034389.59 V1 Proposed Easements & Covenants, Sheet 15/01/2020
4
as amended to incorporate the following amendments, and any other
amendments required by the conditions:
2.1. identification of the proposed emergency access for Lot 23 and that
the proposed emergency gate is located in the road reserve in
accordance with condition 8;
2.2. identification of the proposed emergency access gates on Hofmann
Drive and Walter Hay Drive for the emergency access easement
across Lots 11-15 (as described in condition 21;
2.3. replacement of Easements AN and AM, with a singular 6m easement
marked ‘AM’ as required by condition 36(a);
2.4. provision of stormwater easements on Lots 8 and 9 and in
accordance with condition 27;
2.5. provide an access easement named AF for access to proposed Lot
24 as required by condition 36(a).
3. All lot numbering on the subdivision plan to be submitted to Council for plan
sealing must remain as shown on the Approved Plans.
Currency Period
4. 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 31 August 2024, unless an application to extend the
currency period is approved by Council.
Acoustic Measures for Residential Lots & Office Lot
5. Prepare and submit to Council for approval with an Operational Works
application a revised acoustic report which includes measures to mitigate
noise generate from the shopping centre operations and equipment,
including deliveries, truck movements and rubbish collection. This report
should consider attenuation at the noise source as well as a noise barrier
along the shared boundary of Lots 19 and 21. All measures to mitigate
noise must be implemented prior the submission of the subdivision plan to
Council.
Noise attenuation is required to achieve the following acoustic quality for
potential residential uses on Lots 17-19. The measurement location must
include receivers being placed at the closest point to the future residential
and office buildings.
Page 4 of 15
Section 5
SPECIAL MEETING MINUTES 31 AUGUST 2020
Sensitive Criteria (measured at the receptor) dB(A)
Time of Day
receptor LAeq,adj,1hr 1 LA1,adj,1hr2
Daytime and evening
35 45
Dwelling (habitable spaces)
(indoors) Night-time
30 40
(sleeping areas)
1
Acoustic descriptor/noise target for continuous noise sources (eg.
Mechanical plant).
2
Acoustic descriptor/noise target for transient impacts arising from loading
dock activities (e.g. truck movements, reversing alarms, compactor, trolley
etc.)
Water & Sewer Connections
6. 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).
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.
External Works
7. Prior to the sealing of the survey plan a vehicle access to proposed Lot 23
must be constructed at no cost to Council. The works must be undertaken
in accordance with an Operational Works approval, be generally in
accordance with drawing number 1856-R08 Revision J prepared by Barlow
Shelley and include an access extending from the existing roundabout in
Walter Hay Drive to the property boundary.
8. Prior to the sealing of the survey plan a new emergency vehicle exit from
proposed Lot 23 must be constructed at no cost to Council. The works must
be undertaken in accordance with an Operational Works approval. The exit
must extend from the property boundary to the existing formation of the
south bound lanes of Walter Hay Drive and be for emergency vehicles only.
The exit must:
8.1. be located in the north western section of the Walter Hay Drive
frontage
8.2. include a crossing in the median of Walter Hay Drive that is sufficient
to permit emergency vehicles to exit the site and access the north
bound lanes of Walter Hay Drive
9. Prior to the sealing of the survey plan a new pedestrian access from Lot 23
to the existing pathway network must be constructed at no cost to Council.
The works must be undertaken in accordance with an Operational Works
approval. The pedestrian connection must be located in the north western
part of the site and extend to the existing pathway network in the Eenie
Creek Road road reserve to the east of the underpass.
10. Prior to the sealing of the survey plan a new pedestrian connection from
the existing pathway network in Hofmann Drive to proposed Lot 1 must be
constructed at no cost to Council. The works must be undertaken in
accordance with an Operational Works approval. The connection must be
located to the south of the existing roundabout at the intersection of
Hofmann Drive with the internal access road for “Noosa Civic” and connect
to the existing internal pathway network within proposed Lot 1.
Page 5 of 15
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SPECIAL MEETING MINUTES 31 AUGUST 2020
New Roads
11. The new public road shown on the Approved Plans (extension of Hofmann
Drive) must be constructed in accordance with the conditions of this
Decision Notice and dedicated as road reserve at no cost to Council. The
works must be undertaken in accordance with an Operational Works
approval and be generally in accordance with drawings number 1856-R04
revision K, 1856-R05 revision K and 1853-R06 revision J prepared by
Barlow Shelley. The works must include but not be limited to kerb and
channel, footpaths, street lighting, services, linemarking, stormwater
drainage and landscaping.
This condition is imposed pursuant to s145 of the Planning Act 2016 being
non-trunk infrastructure.
12. Approval of the proposed subdivisional road layout is subject to final
operational works approval and any associated changes to the subdivision
road layout that arise as part of the operational works approval and any
construction changes.
13. The road reserve boundaries between public and private roads must be
located to accommodate all constructed pedestrian routes within the public
road reserve around all sides of the proposed roundabouts.
14. The road reserve boundaries adjacent to the proposed emergency access
gates must be located to ensure that:
14.1. all elements of the emergency access gates are wholly contained
within the road reserve,
14.2. the swing areas (inward opening) of the gates is not impeded by
fencing and is protected by the terms of Easements AY and AQ.
15. Clearly visible signage must be erected at the threshold of the private
roads. The signage must clearly indicate to motorists and pedestrians that
they are entering a private road system.
Private Roads
16. Prior to the sealing of the survey plan, the private road within Lot 3 (Road
B adjacent to Lots 10-16) must be constructed with a centrally located 10m
carriageway. The works must be in accordance with an Operational Works
approval and be generally in accordance with drawing number 1856-R05
revision K prepared by Barlow Shelley. The works must include but not be
limited to kerb and channel, footpaths, street lighting, services, linemarking,
stormwater drainage and landscaping.
17. Prior to the sealing of the survey plan, the private road within Lot 3 (Road
C – adjacent to lots 7-9) must be constructed with a centrally located 12m
carriageway having 1.5m on-road cycle lanes on each side. The works
must be in accordance with an Operational Works approval and be
generally in accordance with drawings numbered 1856-R05 revision K and
1856-R07 revision J prepared by Barlow Shelley. The works must include
but not be limited to kerb and channel, 3m footpath on the western side,
street lighting, services, linemarking, stormwater drainage and
landscaping. The road must be designed to cater for on-street parking to
be added when future development occurs on lots 3 and 7.
18. Prior to the sealing of the survey plan, the entrance road between Lots 2
and 7 must be constructed. The works must be in accordance with an
Operational Works approval and be generally in accordance with drawing
number 1856-R17 revision J prepared by Barlow Shelley. The works must
Page 6 of 15
Section 7
SPECIAL MEETING MINUTES 31 AUGUST 2020
include but not be limited to kerb and channel, footpaths, street lighting,
services, linemarking, stormwater drainage and landscaping.
Property Access and Driveways
19. Prior to the sealing of the survey plan access to the lots must be provided
generally in accordance with the access management plan shown on
drawing numbered 1856-R03 revision J prepared by Barlow Shelley unless
modified herein:
a. access to proposed for Lots 4, 8-10, 15, and 16 must 9.0m wide
(minimum) and be provided as part of subdivision operational works,
b. access to proposed Lots 3, 5, 6, 7 and 17-22 must be constructed as
part of the future development of the lots,
c. all movements access for lots 11-14 must be constructed as part of
the future development of the lots
Property notations will be added to Council’s rates records for Lots 3, 5, 6,
7, 11-14 and 17-22 advising owners, prospective purchasers and private
certifiers of the access requirements.
20. Vehicle access to Lots 4, 8-10, 15, and 16 is limited to the constructed
driveway only. A clause must be included in the contract of sale for Lots 4,
8-10, 15, and 16 which requires vehicle access to be from the constructed
driveway only, and which prohibits the driveway from being relocated
without Council agreement.
Emergency Access Route (Lots 11-15)
21. The 6m wide emergency access route through Lots 11-15 connecting
Hofmann Drive and Walter Hay Drive must be constructed. The works must
be undertaken in accordance with an Operational Works approval and be
generally in accordance with drawings numbered 1856-R04 revision K and
1856-R05 revision K prepared by Barlow Shelley. The works must include
but not be limited to:
a. locked gates controlling access at Hofmann Drive and Walter Hay
Drive. The gates are to be installed by the developer in land areas
fully controlled by Council and clear of any service allocations in the
road reserve,
b. the emergency access route, driveways and gates to Hofmann Drive
and Walter Hay Drive are to be designed to suitably accommodate
all QFES vehicles that could reasonably access the emergency
access route.
22. In regard to the emergency access route, and adjacent parking along that
route, at the rear of lots 12-15:
a. any future development of the individual lots (Lots 11-15) must
include provision of a vehicular linkage between the private road
(Road B) and the emergency access route. The linkage must be
sufficient to permit vehicles to access the parking spaces within the
relevant lot on the emergency access route,
b. any future development of the individual lots must be designed such
that service vehicle activity for the day to day operation of the lot
remains clear of the emergency access route,
c. the pedestrian access points to buildings on the individual lots are
designed and positioned so that any associated parking along the
emergency access route is limited to the individual lot.
Page 7 of 15
Section 8
SPECIAL MEETING MINUTES 31 AUGUST 2020
Car Parking
23. Parking located along the emergency access route within Lots 11-15 must
be limited to the individual lot. The easement documents for the emergency
access route must include sufficient detail to limit the movement of vehicles
and parking to the individual lot and clear of the emergency access route.
Pedestrian and Bicycle Facilities
24. Pedestrian and bicycle facilities must be provided for the development. The
works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. the on-road bicycle lanes as shown on the approved plans,
b. the footpath network as shown on the approved plans,
c. the footpath within proposed Lots 3 and 4, being Easement Al and
Easement AO, must be constructed as part of the subsequent
development of Lots 3 and 4. The pathway is to extend from the
Hofmann Drive frontage to the common boundary between Lots 3
and 24. The works must be undertaken in accordance with an
operational works approval and include a 3m wide sealed surface,
drainage d suitable lighting for pedestrian safety (CPTED). Despite
condition 1, the timing for the construction of the pathway is at the
time of the subsequent development of Lots 3 and 4,
d. the footpath on the northern side of Hofmann Drive must be extended
from the crossing point adjacent to Lot 4 to the north west for the full
frontage of Covenant J,
e. all footpaths and associated infrastructure located within private
property must be maintained by the property owner.
This condition is imposed pursuant to s145 of the Planning Act 2016 being
non-trunk infrastructure.
Stormwater Drainage
25. All stormwater drainage infrastructure must be located outside of the open
space covenants unless approved as part of an Operational Works
application.
26. As part of any future Material Change of Use application for proposed Lot
4, 5 or 6, a Stormwater Management Plan is to be provided and stormwater
quality treatment devices are to be incorporated into the site layout such
that the pollutant load reduction targets specified in Appendix 2, Table B of
the State Planning Policy 2017 are achieved (refer property note).
27. A stormwater quality treatment system must be provided for the
development. The works must be undertaken in accordance with an
Operational Works approval and the Bioretention Technical Design
Guidelines (Water by Design, 2012), and must include in particular
stormwater quality treatment devices of a size and location generally in
accordance with those shown in the Site-based Stormwater Management
Plan – Version 5, prepared by Barlow Shelley Consulting Engineers Pty
Ltd, dated 2nd December 2019. The bio retention devices are required to
treat runoff from the bushfire access and carparks within Lots 12-15.
28. The site must be provided with a stormwater drainage system connecting
to a lawful point of discharge. The works must be undertaken in
accordance with an Operational Works approval in compliance with the
relevant sections of Queensland Urban Drainage Manual.
Page 8 of 15
Section 9
SPECIAL MEETING MINUTES 31 AUGUST 2020
29. Stormwater runoff from the development must be controlled and disposed
of into a lawful point of discharge and in a manner that does not cause
scour or damage to the subject site or any adjoining property including
Council’s drainage system.
30. Any drainage line or stormwater outlet located within the adjoining
vegetation covenant or easement area must be aligned to minimise the
impacts on existing vegetation with the final alignment determined on-site
in agreement with Council’s delegate.
31. Streetscape bioretention devices are to be detailed with the Operational
Works application and are to specifically address the following:
a. are designed generally in accordance with the Bioretention Technical
Design Guidelines,
b. are designed generally in accordance with IPWEQA Standard
Drawing No. WSUD-001 are provided with a free-draining outlet from
the sub-soil drainage system,
c. are designed with offsets to underground services in accordance with
utility services provider’s requirements,
d. allow for the safe movement of pedestrians along the road verge
either through provision of a path behind the device or pedestrian
refuge in the case of no path being provided,
e. have stable batter slopes which are designed to avoid the need for
safety fencing or bollards, or incorporate grates,
f. have plantings setback from the road pavement a sufficient distance
to not affect the road pavement during operation or re-setting,
g. are designed with a connection from the kerb to the filter media
surface which is sufficiently robust and not prone to blockage.
32. All stormwater quality treatment devices contained in private lots must be
maintained in accordance with the Water by Design (2009) Maintaining
Vegetated Stormwater Assets (Version 1). The approved Operational
Works drawings for the stormwater quality treatment system and detailed
life cycle costing of the system must be attached as an addendum to this
document. Records of all maintenance activities undertaken must be kept
and made available to Council upon request.
Electricity and Telecommunication Services
33. 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.
34. 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.
35. 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.
Page 9 of 15
Section 10
SPECIAL MEETING MINUTES 31 AUGUST 2020
Easements
36. The easements for the development must be in accordance with the
schedule indicated on drawing number 034389.59 sheet 4 of 4 prepared
by Bennett and Francis dated 15 January 2020 except as modified herein:
a. Lot 1:
i. Combine Easement AM & AN with a width of 6m, which will
require amendment to Covenant J to accommodate the
combined easement.
ii. New Easement AF must be created between Lots 2 and 7 to
include the area of the adjacent “new road” connecting to
Walter Hay Drive, along with secondary access to Lot 24 by
way of left in and left out access along the full northern
boundary of Lot 24. It is noted that primary access to Lot 24 is
by way of the new roundabout.
b. Lot 3:
i. Easement AL – benefit lots 1, 4 and Public Thoroughfare, with
a minimum width of 4m
ii. Easement AK – benefit lots 1, 6, 7, 8, 9
iii. Easement AP – benefit lots 10, 11, 12, 13, 14, 15, 16
c. Lot 4:
i. Easement AO – benefit lots 1, 3, and Public Thoroughfare, with
a minimum width of 4m
d. Lot 11:
i. Easement AY – benefit lots 1, 3, Emergency vehicles and
Council
e. Lot 12:
i. Easement AX – benefit lots 1, 3, Emergency vehicles and
Council
f. Lot 13:
i. Easement AW – benefit lots 1, 3, Emergency vehicles and
Council
g. Lot 14:
i. Easement AV – benefit lots 1, 3, Emergency vehicles and
Council
h. Lot 15:
i. Easement AQ – benefit lots 1, 3, Emergency vehicles and
Council
37. The private road easement AK between lots 3 and 7 must have a minimum
width of 25m and be sufficient to accommodate an ultimate “main street”
environment as described in Figure 6.4.1.5 – Section A2 – 25m Main Street
without median of the New Noosa Plan and as shown below:
Page 10 of 15
Section 11
SPECIAL MEETING MINUTES 31 AUGUST 2020
38. Unless otherwise agreed in writing by the relevant service provider, any
public or third party infrastructure located on the subject site must be placed
within an easement registered against the title of the property.
39. All easements must be designed in accordance with the planning scheme
and granted at no cost to the Grantee. Where the Grantee is Council or a
service authority, the easement documentation must be in accordance with
the Grantee’s standard easement terms. Draft easement documentation
must be submitted to Council for endorsement.
40. All works must be kept clear of any existing or proposed easements on the
subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
41. All fill and associated retaining structures/batters must be undertaken in
accordance with an Operational Works approval and be generally in
accordance with drawing numbers 1856-R04 Revision K, 1856-R05
Revision K, 1856-R06 Revision J and 1856-R07-2 Revision J prepared by
Barlow Shelley. All works must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to
Council.
42. All retaining walls must be designed and constructed in accordance with
the planning scheme and must be certified by an RPEQ where exceeding
1.0m in height. All retaining walls that are publicly accessible and exceed
1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
43. Any damage caused to existing services and assets as a result of the
development works must be repaired at no cost to the asset owner at the
following times:
a. where the damage would cause a hazard to pedestrian or vehicle
safety, immediately; or
b. where otherwise, upon completion of the works associated with the
development.
Any repair work which proposes to alter the alignment or level of existing
services and assets must first be referred to the relevant service authority
for approval.
Land Rehabilitation
44. The land area identified as Open Space 3 (OS3) on Schedule 4 Shire
Business Centre (Map) in the Noosa Plan on proposed lot 23 must be
Page 11 of 15
Section 12
SPECIAL MEETING MINUTES 31 AUGUST 2020
rehabilitated, where necessary, to provide a vegetated screen of future
development, exclusive of any Council approved infrastructure. All plants
must be local native species suitable for the area and the species selection
consistent with the naturally occurring species in the area. The landscaping
must be reflective of the surrounding natural landscape. The works must
be undertaken in accordance with an Operational Works approval.
45. No infrastructure is to be installed in the OS3 land area, unless:
a. in accordance with a Council endorsed management plan; or
b. to connect directly into existing stormwater infrastructure, with any
disturbance to vegetation in OS3 minimised and rehabilitated in
accordance with a Development Permit for Operational Works.
Vegetation Preservation
46. Existing vegetation on the undeveloped site and in the road reserve where
within 10m of public access or public infrastructure must be retained in
accordance with an Arborist Report (or part thereof) prepared by a qualified
person* and endorsed through an Operational Works approval to manage
the risk to the public.
*(Refer to Advisory Note)
Fauna Management
47. Vegetation must only be removed or disturbed in accordance with a Fauna
Management Plan for the development prepared by a qualified person* and
referenced in a Development Permit for Operational Works. *(Refer to
Advisory Note).
48. Clearing for the subdivision will occur generally in accordance with clearing
plan Ref: 034389.59 dated 13 July 2020 (Extent of Subdivision Clearing),
with the exception that vegetation must be retained along the full frontage
of lot 23 to Walter Hay Drive apart from the identified driveway access
location. All clearing will be subject to an application for operational works.
Fencing to Protected Land
49. A permanent fence must be constructed along boundary of lot 17 and
covenant J, the entire length of the interface of the site with the park reserve
at Lot 5 SP222982, Lot 3 SP182845 and the southern aspect of Lot 147
NPW889 (at the corner of Eenie Creek Rd and Walter Hay Drive). The
fence must be constructed in accordance with an Operational Works
approval and must be to the following specifications:
a. 1.8 m high chain wire fence.
b. Include single person access gate (minimum opening of 1200mm) in
a suitable location generally in the location of the rear of lot 13.
c. Include signage for each lot interface stating the land is a fauna
reserve.
d. The fence must be located adjacent to the northern Boundary of
Covenant L.
Bushfire Management
50. The development must be carried out in accordance with Updated Bushfire
Management Plan For Undeveloped Areas Of Noosa Civic prepared by
The Consultancy Bureau Pty Ltd, dated December 2019, with the following
amendments to be included and constructed in accordance with an
Operational Works approval:
Page 12 of 15
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SPECIAL MEETING MINUTES 31 AUGUST 2020
a. Lot 23 emergency egress to be located at the southern point of
Easement E on SP167978 perpendicular to Walter Hay Drive and
include treatment to the medium strip of Walter Hay Drive to allow for
Urban fire appliance cross over.
b. Provision of access control gates to each emergency access points
within the road reserve.
c. Provision of a formed 6m emergency access within the 20m buffer to
the rear of future lots 11 to 15.
d. Inclusion of any emergency access markers and alike to the
emergency access roads and entry/exit points.
e. Inclusion of management requirements of the owner of lot 1 for fuel
loads associated with the 20m break between proposed lots 3 and 7,
interface of covenant J, and the 20m buffer in lot 23.
f. Include the specific provision of no clearing of Covenant areas for
bushfire management.
The report must be resubmitted to Council incorporating the above
amendments prior to the issue of any Development Permit for Operational
Works.
51. Certification must be submitted to Council from a qualified person* which
certifies that the development has been constructed in accordance with the
bushfire management conditions of this Decision Notice.
*(Refer to Advisory Note)
Treatment of Temporarily Vacant Land
52. The following works must be carried out if some or all of the cleared land
remains vacant or undeveloped for more than 3 months after the approved
vegetation clearing:
a. the site must be graded to prevent ponding (to the same level as the
adjoining footpath wherever practicable), and the surface effectively
stabilised.
b. the site must be maintained to ensure no nuisance to adjacent
premises, roads or footpaths.
c. where fencing is installed to secure boundaries:
i. the fencing must be durable and not capable of being pushed
or blown over
ii. the fencing type must not detract from local amenity (barbed
wire is not acceptable)
iii. vandalism must be promptly repaired, and any graffiti removed.
Landscaping Works
53. The development site must be landscaped in accordance with the Noosa
Plan’s Landscaping Code and Planning Scheme Policy Landscaping
Plants and Guidelines. The landscaping must be reflective of the
surrounding natural landscape and must be reflective of the surrounding
natural landscape. The works must be undertaken in accordance a plan
prepared by a qualified person* and in accordance with an Operational
Works approval and must include in particular:
a. Local native plant species suitable for the location in mulched garden
beds within the lots that front to Hofmann Drive and the future
Page 13 of 15
Section 14
SPECIAL MEETING MINUTES 31 AUGUST 2020
extension of Hofmann Drive that are 6m wide to the residential lots
17-19 and 10m wide to the remaining lots at the time of sealing the
plan of subdivision.
b. Supplementary plantings to the median strip in the southern extent of
Hofmann Drive.
c. provision of a minimum of one ex-ground or advanced street tree
within the road reserve for every 8 metres of new road between
proposed lot 3 and 7 within garden beds.
i. the garden beds must be a minimum of 6m2 and contain a mix
of shrubs and grasses.
d. Provision of sufficient volumes of structured soil media suitable for
advance root growth for street trees, in accordance with the written
recommendations of an industry accredited horticulturist or arborist.
e. 100mm deep mulching and landscaping to any batter within road
reserves that exceed 1 in 4 slope (25%).
f. planting works to the median strip and/or roundabout that do not
interfere with driver sight lines at any time.
g. Achieve the park-like settings as set out in the Shire Business Centre
Zone (Division 9) of the Noosaville Locality Plan in the Noosa Plan
by ensuring:
i. Retention of suitable vegetation within the road reserve through
project design and services location,
ii. Limiting the disturbance to the root zones of retained
vegetation.
(*Refer Advisory Notes)
54. All landscape works must be established and maintained in accordance
with horticultural best practice with construction techniques that allow for
healthy, sustained and vigorous plant growth. All plant material must be
allowed to grow to full form.
55. All entry statements, fences, batters, retaining walls and buffer/screen
plantings must be located entirely within private land and not within the
public road reserve.
56. All third-party service provider infrastructure must be clearly shown on
submitted landscape plans and have landscaping provided to screen the
bulk of the infrastructure.
57. All landscape works must be maintained generally in accordance with the
approved design for the life of the development.
Lot 24
58. The Applicant must, at no cost to the Council:
(i) Dedicate to Council proposed Lot 24 for public transport
infrastructure as shown on the subdivision plan; but
(ii) Notwithstanding condition 1, only after amendment to Council’s
planning scheme has taken effect which shows the provision for
transit designated only in the location consistent with Lot 24 on the
subdivision plan.
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Section 15
SPECIAL MEETING MINUTES 31 AUGUST 2020
Future Environmental Offset
59. For the purposes of calculating any environmental offset that might be
required for the ultimate development of Lot 3 on SP246584 for the Shire
Business Centre, the plan described as 034389.59 prepared by Bennett &
Francis Pty Ltd and dated April 2020 shows the maximum extent of clearing
(i.e. 12.4943ha). For the avoidance of doubt, while the plan shows the
maximum extent of clearing for offset purposes, the clearing ultimately
undertaken will not necessarily be the maximum extent (noting that the
Shire Business Centre is to occur in a park like setting).
Infrastructure Agreement
60. The Applicant/Owner shall comply with the terms of any Infrastructure
Agreement applying to the land.
B. Enter into an Infrastructure Agreement to provide for the transference of Lot 24
to Council as a future transit lot at nil cost to Council and enable Council to
condition the necessary land dedication and works required for the development.
C. Note that Lot 24 has been valued by Savills Valuations Pty Ltd for Council as
$1,475,000 exclusive of GST, with the appellant’s valuation being between $2.9
- $3.2 million dollars.
D. Commence a planning scheme amendment process in accordance with the
Minister’s Guidelines and Rules to show the provision for a transit facility
designated only in a location consistent with lot 24 on the Approved Plan.
E. Enter into a deed of Agreed Delivery Arrangement to provide a mechanism for
the proposed offset arrangements for clearing of koala habitat pursuant to the
Environmental Offsets Act 2014.
F. Transfer the Financial Settlement Offset Amount to the Council’s offset account
to be held in trust in accordance with the requirements of the Environment Offset
Act 2014 and the deed of Agreed Delivery Arrangement.
Carried unanimously.
3 MEETING CLOSURE
The meeting closed at 11.26am.
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