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Change Representations - CYC 2025 (version 2 19.01.25)
Pivotal Perspective Pty Ltd
Local and International Development Planning
4/59 Mary St, Noosaville
QLD, Australia 4565
[email protected]
+61 0406 334 227
19 February 2025 (version 2)
Noosa Council
[email protected]
RE: Change Representations – 131998.981211.5 – 59 Kabi Rd, Cootharaba
The approval was received by the applicant on the 3 January 2025. A notice to suspend
the appeal period for 20bd was made on the 7 January. A confirmation email was received
from Council confirming the change representations are due by 3 March 2025.
We seek to work with Council for a timely and reasonable amendment to the conditions
within the applicable timeframes. In accordance with the Planning Act 2016, Please find
attached the following change representations with the existing and proposed wording
thereafter in red.
Condition 44 - Accreditation
44. The owner/operators of the proposed development are required to be members
of the Biological Farmers of Australia. Accordingly there is not be any use of
non-organic chemicals on the site.
Since the original approval there have been changes to the associations covering organic
farms. We seek for the condition to be amended to be in accordance with best practice or
deleted.
44. The owner/operators of the proposed development are required to be members
of the Biological Farmers of Australia. Accordingly there is not be any use of
non-organic chemicals on the site.
Condition 57 - Currency
57. The Group Farm Stay Accommodation and Associated Activities use lapses
if the use has not happened by 19 December 2026 unless an application to
extend the currency period is approved by Council.
The currency should be 6 years from decision taking effect. This is in accordance with the
planning act for MCU approvals, as well as allowing time to construct buildings and
infrastructure.
57. The Group Farm Stay Accommodation and Associated Activities use lapses
if the use has not happened by 19 December 2026 7 March 2031 unless an
application to extend the currency period is approved by Council.
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Condition 58 – Approved plans
58. Plan amendments - Plan to be amended to incorporate the recommended fire
access trail within Lot 394 M371117 (see Plate 23 of the Bushfire Hazard
Assessment and Management Plan) and extending along the southern
boundary until it meets the eastern boundary of the subject site, before
gaining access to Road 176. The fire access is to be detailed a being used
for emergency access only.
The updated plan attached to this request includes the link to Cootharaba Downs Rd. This
condition can be deleted or amended to insist on the use as an emergency access only.
58. Plan amendments - Plan to be amended to incorporate the recommended fire
access trail within Lot 394 M371117 (see Plate 23 of the Bushfire Hazard
Assessment and Management Plan) and extending along the southern
boundary until it meets the eastern boundary of the subject site, before
gaining access to Road 176. The fire access is to be detailed a being used
for emergency access only.
Condition 66 – Buses onsite
66. Buses capable of evacuating all patrons during an emergency event are to
remain on site whilst the Group Farm Stay Accommodation is in operation.
This condition is to be deleted. All infrastructure is located outside of the bushfire hazard
and buffer areas. There is no requirement in the bushfire management plan to keep buses
onsite and is an unreasonable imposition. Furthermore, there is a recommendation for a
shelter in place requirement in the bushfire hazard plan as described in the bushfire
addendum (See attached commentary from North Coast Environmental).
66. Buses capable of evacuating all patrons during an emergency event are to
remain on site whilst the Group Farm Stay Accommodation is in operation.
Condition 68 – Design Features
68. External design features, materials and finishes must be as shown on the
Approved Plans, with no inclusions or alterations made without approval in
writing by Council.
We seek for the condition to be amended to Include the words ‘generally’ in accordance
to allow for some scope with construction and small changes with materials (depending
on availability).
68. External design features, materials and finishes must be as generally shown
on the Approved Plans, with no inclusions or alterations made without
approval in writing by Council.
Page 3
Condition 76 – Building Height
76. The maximum height of the development must not exceed 7 metres above
the ground level.
The condition shall be amended to 8m as per allowance for buildings in the Noosa area.
76. The maximum height of the development must not exceed 7 8 metres above
the ground level.
Condition 81 – Vegetation Removal
81. The development site must be landscaped / rehabilitated. The works must be
undertaken in accordance with an Operational Works approval and the
Noosa Plan for that specific area and must include in particular:
(a) A waterway rehabilitation plan that is developed to reinstate a native
vegetation buffer along the waterway to manage water quality and
provide riparian habitat for local flora and fauna.
(b) A waterway rehabilitation design that maintains inflows into VC1a
rainforest unit to sustain the current assemblage of flora species and
habitat conditions under the current waterway conditions
(c) management of all weeds species listed in the following standards and
legislation:
i. declared plants under the Land Protection (Biodiversity Act 2014
and subordinate Regulation 2016).
ii. Non-scheduled invasive species listed in the Noosa Biosecurity
Plan 2020.
The widening and deepening of the waterway for canoeing is not proposed, and the 88-
bed camp is quite removed from the area mentioned for rehabilitation in the Council
reporting. This condition shall be removed based on the reduced scale of the development.
81. The development site must be landscaped / rehabilitated. The works must be
undertaken in accordance with an Operational Works approval and the
Noosa Plan for that specific area and must include in particular:
(d) A waterway rehabilitation plan that is developed to reinstate a native
vegetation buffer along the waterway to manage water quality and
provide riparian habitat for local flora and fauna.
(e) A waterway rehabilitation design that maintains inflows into VC1a
rainforest unit to sustain the current assemblage of flora species and
habitat conditions under the current waterway conditions
management of all weeds species listed in the following standards and
legislation:
i. declared plants under the Land Protection (Biodiversity Act 2014
and subordinate Regulation 2016).
ii. Non-scheduled invasive species listed in the Noosa Biosecurity
Plan 2020.
Page 4
Condition 86 – Vegetation Removal
86. Vegetation must only be removed or disturbed in accordance with a Fauna
Management Plan (or part thereof) prepared by a qualified person* and
endorsed through an Operational Works approval.
The condition requires amendment / clarification to ensure the condition is only applicable
to native vegetation removal only. Noting the site contains existing orchards that are used
for commercial produce.
86. Native (non commercial) Vegetation must only be removed or disturbed in
accordance with a Fauna Management Plan (or part thereof) prepared by a
qualified person* and endorsed through an Operational Works approval.
Condition 88 – Bushfire evacuation plan
88. The development must be carried out in accordance with Bushfire Evacuation
Plan v4 prepared by North Coast Environmental Services and dated
06/09/2024, which must be amended as follows
a. Revised plans that that incorporate the latest architectural plans that
shows the internal evacuation route that connects directly between
the shelter in place building and the clamping infrastructure.
b. Section 8 Evacuation Triggers, to be updated to include:
i. Daily review of FDR forecasts for the Southeast Coast which
are available from the Bureau of Meteorology
ii. Evacuation of all guests and non-essential staff prior to the
commencement of any day with a forecast FDR rating of
Extreme or Catastrophic.
Please find attached addendum reporting from North Coast Environmental commenting
on the revisions required. The words Extreme should be removed from the condition 88bii.
ii. Evacuation of all guests and non-essential staff prior to the
commencement of any day with a forecast FDR rating of
Extreme or Catastrophic.
Condition 96 & 97 – External Works – Kabi-Cootharaba Intersection
96. The existing intersection joining Cootharaba Road with Kabi Road must be
upgraded to include a sealed Basic Right Turn Treatment. The works must
be undertaken in accordance with an Operational Works approval, be
generally in accordance with section 7.2 of Austroads’ A Guide to Road
Design Part 4A, sections 5, 6 and 8 of BMC Traffic’s Traffic Engineering
Assessment Report (Doc ID: 22354477) dated 22 March 2023, The Noosa Plan
2020 – PSP6 Engineering Design Standards, and include, but not be limited
to:
a. a design prepared by a suitably qualified person (RPEQ);
b. so that no part of the rigid vehicles exits the traffic lane(s); and
c. widening of Kabi Road in accordance with Condition 97
97. Kabi Road must be upgraded for the full length of the road (i.e., between 59
Kabi Road and Cootharaba Road). The works must be undertaken in
accordance with an Operational Works approval, be generally in accordance
with Austroads’ A Guide to Road Design Part 3, sections 5, 6 and 8 of BMC
Traffic’s Traffic Engineering Assessment Report (Doc ID: 22354477) dated 22
March 2023, The Noosa Plan 2020 – PSP6 Engineering Design Standards,
and include, but not be limited to:
a. a design prepared by a suitably qualified person (RPEQ)
Page 5
b. a combined traffic lane width of 6.2m (2 x 3.1m);
c. a shoulder width of 1.0m (with a minimum shoulder sealed
width of 0.5m);
d. a pavement design suitable to cater for heavy vehicles (i.e.,
rigid vehicles, buses, etc.);
e. all associated drainage infrastructure (i.e., table drain, culvert,
etc.);
f. the continuation of the existing stormwater box culvert to allow
for the require carriageway width;
g. considerations to the existing residential driveway crossovers;
and
h. a sealed turnaround facility sufficiently sized to accommodate
a 3-point turn manoeuvre of a heavy rigid vehicle (HRV) located
at the end of the road.
Please find attached traffic addendum seeking changes to this condition to reflect the
existing road conditions, nature and scale of the development
97. Kabi Road must be upgraded for the full length of the road (i.e., between 59
Kabi Road and Cootharaba Road). The works must be undertaken in
accordance with an Operational Works approval, be generally in accordance
with Austroads’ A Guide to Road Design Part 3, sections 5, 6 and 8 of BMC
Traffic’s Traffic Engineering Assessment Report (Doc ID: 22354477) dated 22
March 2023, The Noosa Plan 2020 – PSP6 Engineering Design Standards,
and include, but not be limited to:
a. a design prepared by a suitably qualified person (RPEQ)
b. a combined traffic lane width of 6.2m (2 x 3.1m);
c. a shoulder width of 1.0m (with a minimum shoulder sealed
width of 0.5m);
d. a pavement design suitable to cater for heavy vehicles (i.e.,
rigid vehicles, buses, etc.);
e. all associated drainage infrastructure (i.e., table drain, culvert,
etc.);
f. the continuation of the existing stormwater box culvert to allow
for the require carriageway width;
g. considerations to the existing residential driveway crossovers;
and
h. a sealed turnaround facility sufficiently sized to accommodate
a 3-point turn manoeuvre of a heavy rigid vehicle (HRV) located
at the end of the road.
Page 6
Condition 98 – fire trail
98. The development site must be provided with an Emergency Bushfire
Evacuation Route connecting to Council’s “Road 176”. The emergency route
is to be used for emergencies only and is not to be used for deliveries or
general access. The works must be undertaken in accordance with an
Operational Works approval and Section 5.5 of North Coast Environmental
Services’ Bushfire Hazard Assessment and Management Plan (J001061, v.4)
dated 11 September 2024, and include, but not be limited to:
a. a design prepared by a suitably qualified person (RPEQ) that is
to an acceptable standard to cater for a HRV, 14.5m rigid
vehicle (i.e., bus) and appropriate firefighting appliances;
b. a design that allows for unbroken access for a HRV, 14.5m rigid
vehicle (i.e., bus) and appropriate fire-fighting appliances
through the site (i.e., from “Road 176” to all parking and
manoeuvring areas and through to Kabi Road);
c. a design that includes passing bays and turning areas;
d. the emergency route, all internal roads and associated
manoeuvring areas must not exceed a gradient of 12.5%;
e. the emergency route must have a maximum cleared width of
10.0 metres and a minimum cleared width of 6.0 metres; and
f. the necessary upgrades to “Road 176” and associated
drainage infrastructure, which must be maintained by the
applicant during the life of the development.
g. Consultation must occur with the existing resident(s) that
access “Road 176” in relation to the proposed works.
We seek for the condition to be amended to a much lesser standard. BMC Traffic advises
the following:
For the purpose of emergency access, Council requires an alternate road connection for
the site. This road will be gated and will not be used for day-to-day operations.
It is my opinion that standard road design requirements, which are designed around daily
traffic use, are not directly applicable for an emergency access road. The clearing of trees
to enable the passage of a single lane of traffic (bus traffic, exit only) is appropriate. Civil
engineering advice would be useful in terms of the gradient, width (single lane, noting
passing bays are not required) and surface treatment of the emergency fire escape route.
Recor Consulting Engineers also provide advice about minimum upgrade requirements
for emergency access:
Min update requirements to private Access Track:
• Min width track of 4m with 0.5m additional shoulders
• Passing bays at approx. every 200m, this can be extended based on the sight distances
available.
• All weather surface, compacted gravel
• Appropriate grading is achievable
• Substantial clearing
Min update requirements to Road 176:
• Removal of existing track (very poor condition) and upgrade to match that of Cootharaba
Downs Road.
• 4m-6m wide gravel track.
• Minimal stormwater considerations with exception to possible swales located adjacent the
track.
• Additional clearing of trees located to the south of the track due to proximity
Page 7
98. The development site must be provided with an Emergency Bushfire
Evacuation Route connecting to Council’s “Road 176”. The emergency route
is to be used for emergencies only and is not to be used for deliveries or
general access. The works must be undertaken in accordance with an
Operational Works approval and Section 5.5 of North Coast Environmental
Services’ Bushfire Hazard Assessment and Management Plan (J001061, v.4)
dated 11 September 2024, and include, but not be limited to:
a. a design prepared by a suitably qualified person (RPEQ) that is
to an acceptable standard for infrequent use to cater for a HRV,
14.5m rigid vehicle (i.e., bus) and appropriate firefighting
appliances in the event of a fire emergency only;
b. a design that allows for unbroken access for a HRV, 14.5m rigid
vehicle (i.e., bus) and appropriate fire-fighting appliances
through the site (i.e., from “Road 176” to all parking and
manoeuvring areas and through to Kabi Road);
c. a design that includes passing bays and turning areas;
d. the emergency route, all internal roads and associated
manoeuvring areas must not exceed a gradient of 12.5%;
e. the emergency route must have a maximum cleared width of
10.0 metres and a minimum cleared width of 6.0 metres; and
f. the necessary upgrades to “Road 176” and associated
drainage infrastructure, which must be maintained by the
applicant during the life of the development.
g. Consultation must occur with the existing resident(s) that
access “Road 176” in relation to the proposed works.
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If you have any further queries in relation to the above, please do not hesitate to contact
myself.
Regards,
Jack Lewis B.Sc Hons UNSW M.Plan Otago RPIA
Planner/Director
Pivotal Perspective Pty Ltd
0406 334 227