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                           AGENDA


   Planning & Environment
     Committee Meeting


                  Tuesday, 7 June 2022


                     commencing at 9.30am
           Council Chambers, 9 Pelican Street, Tewantin



Committee: Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart, Tom Wegener




                       “Noosa Shire – different by nature”
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Section 2

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                   7 JUNE 2022


TABLE OF CONTENTS


ITEM                                                                      PAGE

1.     ATTENDANCE & APOLOGIES                                                3

2.     CONFIRMATION OF MINUTES                                               3

3.     PRESENTATIONS                                                         3

4.     DEPUTATIONS                                                           3

5.     REPORTS FOR CONSIDERATION OF THE COMMITTEE                            4

       1   MCU21/0009 - APPLICATION FOR A MATERIAL CHANGE OF USE - HOME
           BASED BUSINESS (BED AND BREAKFAST) AT 7 BERRIMA ROW, NOOSA
           HEADS                                                             4

       2   MCU19/0089.02 & OPW19/0160.02 - PLANNING & ENVIRONMENT COURT
           APPEAL NO D928 OF 2022 – MINOR CHANGE TO DEVELOPMENT APPROVAL
           FOR RETAIL BUSINESS TYPE 5 VEHICLE USES, RETAIL BUSINESS TYPE 2
           SHOP AND OPERATIONAL WORKS – SIGNAGE AT 52 – 54 MARY STREET
           NOOSAVILLE                                                      22

       3   RAL21/0033 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF A LOT
           (1 LOT INTO 8 LOTS) AT 60 GLENRIDGE DRIVE COOROIBAH           25

       4   MCU21/0104 – APPLICATION FOR MATERIAL CHANGE OF USE – UNDEFINED
           USE - MOTORCYCLE/SCOOTER SALES AND REPAIR SITUATED AT 16 RENE ST
           NOOSAVILLE                                                      45

       5   CLIMATE CHANGE RESPONSE GRANTS – 2022/23 ROUND ONE               56

       6   ENVIRONMENT GRANTS – ROUND 17                                    62

6.     REPORTS FOR NOTING BY THE COMMITTEE                                  69

       7   PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – APRIL 2022
                                                                          69

7.     CLOSED SESSION                                                 83




                                                                  Page 2 of 83

Section 3

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                           7 JUNE 2022



1.   ATTENDANCE & APOLOGIES




2.   CONFIRMATION OF MINUTES

     The Minutes of the Planning & Environment Committee Meeting held on 10 May 2022 be
     received and confirmed.




3.   PRESENTATIONS

     Nil.




4.   DEPUTATIONS

     Nil.




                                                                           Page 3 of 83

Section 4

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     7 JUNE 2022


5.      REPORTS FOR CONSIDERATION OF THE COMMITTEE


1       MCU21/0009 - APPLICATION FOR A MATERIAL CHANGE OF USE - HOME BASED
        BUSINESS (BED AND BREAKFAST) AT 7 BERRIMA ROW, NOOSA HEADS

Author                 Patrick Murphy, Coordinator Planning
                       Environment and Sustainable Development Department

Index                  ECM/ Applications/ MCU21/0009

Attachments            1.   Proposal Plans



     APPLICATION DETAILS

     Applicant                     Ross William Thomas Darlington

     Proposal                      Material Change of Use - Home-based business

     Properly Made Date            1 April 2021

     Information Request Date      5 May 2021

     Information Response Date     28 September 2021

     Decision Due Date             16 June 2022

     PROPERTY DETAILS

     Property Address              7 Berrima Row Noosa Heads Qld 4567

     RP Description                Lot 132 RP 88934

     Land Area                     506m²

     Existing Use of Land          Dwelling House and Secondary Dwelling

     STATUTORY DETAILS

     SEQRP Designation             Urban Footprint

     Zone                          High Density Residential

     Precinct                      Not applicable

     Local Plan Area               Noosa Heads Local Plan
     Overlays                      Landslide Hazard Area – Moderate Hazard Area

     Assessment Type               Code

EXECUTIVE SUMMARY
The application seeks approval for a Home Based Business (Bed and Breakfast), specifically
seeking to use one of the existing dwelling’s 3 bedrooms for bed and breakfast. A secondary
dwelling is also located on site. The Home Based Business is generally supported by the provisions
of the planning scheme, however the development does not provide sufficient on site carparking
to accommodate the likely car parking demand for all uses. Therefore, the application is
recommended for refusal as the car parking issues cannot be resolved by the imposition of
conditions.



                                                                                    Page 4 of 83

Section 5

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                        7 JUNE 2022


RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 7 June 2022 regarding Application No. MCU21/0009 for a Development Permit for
Material Change of Use - Home-based business (Bed and Breakfast), situated at 7 Berrima Row,
Noosa Heads and:
A.    Refuse the application for the following reasons:
      1.    The development does not provide sufficient car parking and therefore does not comply
            with:
            a.    Overall Outcome 2(c) and Performance Outcome PO12 of the Home Based
                  Business Code; and
            b.    Overall Outcome 2(b) and Performance Outcome PO6 of the Driveways and
                  Parking Code;
      2.    The development will adversely impact on the surrounding amenity given that
            insufficient on site car parking is proposed and therefore does not comply with:
            a.    Overall outcome i) and Performance Outcome PO3 of the High Density
                  Residential Zone Code;
B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
1.    PROPOSAL
This application seeks a development permit for a Material Change of Use of premises to establish
a Home Based Business (Bed and Breakfast) within an existing dwelling. The existing building
comprises a primary dwelling house and a secondary dwelling. The primary dwelling house
includes 3 bedrooms, 3 ensuites, a secret room, double car garage, laundry, study, living, dining
and a kitchen.
Bedroom 2 is proposed to be used as a guest suite; guests will be able to use the main kitchen on
Level 2. The secondary dwelling located on the lower level comprises one bedroom, an ensuite,
kitchen, living, dining and several decks.
It is proposed to use the existing double garage with one car space within the driveway for car
parking.
With regards to car parking, the applicant’s position is as follows:
      We acknowledge that Table 9.4.1.4 of the Driveways and Parking code requires 1 covered
      space for a home hosted accommodation room and 3 covered spaces for a dwelling
      house/secondary dwelling. However, we note that the house and secondary dwelling was
      approved by Council under the superseded Noosa Plan 2006, which only required 1 space
      plus 1 space for the secondary dwelling (2 total). Therefore, it is considered that a total of 3
      spaces are required on site as a result of this home based business, which is achieved. We
      are not proposing any changes to the dwelling house or secondary dwelling to accommodate
      the home based business. The surrounding sites currently comprise single dwelling houses
      and it is the intent of the applicant to remain inconspicuous and low key and the provision of
      4 car parks and additional garaging built form for a dwelling house will jeopardise this
      outcome. Further to this, providing only a single room for home hosted accommodation
      allows the existing dwelling to accommodate this minor home based business element
      without any changes to the building form and parking function of the existing dwelling house.
      This is an outcome encouraged in the high density zone code and home based business
      code and a really positive outcome for the streetscape and local area.




                                                                                        Page 5 of 83

Section 6

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA    7 JUNE 2022




                            Figure 1 – Locality




                            Figure 2 – Site Plan




                                                   Page 6 of 83

Section 7

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA              7 JUNE 2022




                        Figure 3 – Lower level floor plan




                        Figure 4 – Middle level floor plan




                                                             Page 7 of 83

Section 8

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA             7 JUNE 2022




                        Figure 5 – Upper level floor plan




                                                            Page 8 of 83

Section 9

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 JUNE 2022




                                      Figures 6 - 8 – Elevations
2.    SITE DETAILS
2.1. Background
RAB18/0152 - A referral agency response was issued on 14 August 2018 to vary the setback
provisions to 4.50 metres from the outermost point of the garage to the Berrima Row road boundary
and a setback of 3.86 metres from the outermost point of the living room to the rear boundary
adjacent to 35 Bottlebrush Avenue.
RAB18/0152.01 - On 30 November 2020 a minor change to an existing approval for retaining walls
and fill and building height was approved subject to additional conditions.
2.2. Site Description
The site is currently developed as a dwelling house (including a secondary dwelling).
2.3. Surrounding Land Uses
Surrounding land uses include residential dwellings, units etc. and commercial/retail precinct of the

                                                                                       Page 9 of 83

Section 10

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                     7 JUNE 2022


Noosa Junction.
3.     ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
    State Planning Policy;
    South East Queensland Regional Plan;
    Planning Regulation 2017;
    Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint. The proposal is consistent with the regional policies
of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for an urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
      Low Residential Density Zone Code;
      Noosa Heads Local Plan Code;
      Homebased Business Code
      Works Codes.
Locality Provisions
The subject site is located in the Noosa Heads Locality and is zoned High Density Residential
zone. The proposed use is identified as a consistent use within the zone and is required to follow
a code assessable application process.
The following planning scheme provisions are relevant to the assessment of the application and a
comment regarding compliance with the code is provided below.
Home Based Business Code
Accommodation                                             AO4.1
PO4                                                       Guests stay no more than 14 consecutive nights.
For bed and breakfast accommodation:
                                                        AO4.2
          1.   guests are accommodated for a short-term Guests have only limited facilities for preparing food and
               stay and the dwelling is not the usual   beverages and no laundry.
               residence of the guests; and
          2.   guest accommodation is not self-         Editor’s note - for the purposes of home hosted
               contained.                               accommodation it is considered appropriate to provide a small
                                                        area with a kettle, toaster and bar fridge to prepare hot
                                                        beverages, light snack or continental breakfast but not a kitchen.
Comment –
The proposed bed and breakfast includes only limited facilities for preparation of food and beverages. A
condition can be included to limit guest stays to no more than 14 consecutive nights. Therefore, it is
considered that proposal complies with PO4 as guest will not be accommodated within self-contained
accommodation.


                                                                                                   Page 10 of 83

Section 11

 PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                           7 JUNE 2022




Scale
PO5                                      AO5.1
The home-based business is an            Development is conducted:
inconspicuous component of the
primary use of the dwelling as a                    1.     within a dwelling; or
permanent residence.                                2.     within another enclosed structure on the site of a dwelling house.

                                         AO5.2
                                         The home-based business does not occupy an area greater than:

                                                    1.     in the Rural Residential Zone— 150m2;
                                                    2.     in the Rural Zone 1% of the site area or 300m² whichever is
                                                           lesser
                                                    3.     otherwise— 50m2.

                                         AO5.3
                                         For bed and breakfast accommodation the number of guests does not exceed:

                                                    1.     in the Rural Zone and the Rural Residential Zone— six guests
                                                           accommodated in up to three guest bedrooms;
                                                    2.     otherwise— four guests accommodated in up to two guest
                                                           bedrooms.

                                         AO5.4
                                         Where the business involves classes of more than four people:

                                                    1.     no more than four classes are held per week; and
                                                    2.     no more than 10 people attend a class.

                                         AO5.5
                                         Outside the circumstances of AO5.3 and AO5.4 above, the maximum number of
                                         persons on site for business purposes, including the resident operator(s) is:

                                                    1.     in the Rural Zone or Rural Residential Zone— six persons;
                                                    2.     otherwise— four persons

                                         AO5.6
                                         Commercial deliveries, collections or passenger transfers, are limited to a
                                         vehicle no bigger than a courier van or minivan and no more than two deliveries
                                         or collections per day.
Comment –
The proposed home based business accommodation is limited to one guest bedroom accommodating no
more than 4 people as per the requirements of AO5.3, therefore the proposed home-based business is
considered an inconspicuous component of the primary use of the dwelling as a permanent residence and
complies with PO5.
Vehicle parking
PO12                                                           AO12
Adequate off-street vehicle parking is provided for the        Parking is provided in accordance with Table 9.4.2.4 of
users of the home-based business without causing               the Driveways and Parking Code
adverse impact to the residents of adjoining properties.
Comment -
Adequate off street vehicle car parking cannot be provided onsite as is further discussed under the Vehicle
Parking Code code (below) therefore the development does not comply with PO12.


 Carparking Code
PO6                                                                  AO6.1
Sufficient parking                                                   The number of car parking spaces, motor cycle
                                                                     spaces, bicycle spaces and loading bays is not less


                                                                                                          Page 11 of 83

Section 12

 PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                         7 JUNE 2022


         1.   is provided having regard to the specifics of the   than the minimum number specified in Table 9.4.1.4
              use including—                                      Minimum parking requirements including end of trip
                  1. the type and intensity of land use;          facilities.
                  2. any existing parking available on the site;
                                                                  Editor's note— with regard to the provision of end of
                  3. hours of operation;
                                                                  trip facilities, where there is a conflict with the QDC
                  4. likely numbers of users;                     MP 4.1 for major developments the QDC applies. For
                  5. accessibility to the site by means other     all other development Table 9.4.1.4 applies.
                      than private motor vehicle;
                  6. the peak parking demand periods of uses AO6.2
                      on the site; and                            Where appropriate, motorcycle spaces can be
                  7. the availability of alternative car parking; provided on site in lieu of required car parking
                      and                                         spaces, excluding industry activities, at the following
                                                                  rates:
         1.   is provided to accommodate the number and type
              of vehicles and motorcycles likely to be generated                1. 2 motorcycle spaces provided for 0.5
              by the development.                                                   car parking space; or
                                                                            2.   4 motorcycles spaces provided per 1
                                                                                 car parking space; and
                                                                            3.   up to a maximum of 4 car parking
                                                                                 spaces.

                                                                  AO6.3
                                                                  Secure and convenient parking spaces for bicycles
                                                                  are designed and provided on site in accordance
                                                                  with—

                                                                            1.   AS2890.3 Bicycle Parking Facilities;
                                                                                 and
                                                                            2.   Cycling aspects of Austroads
                                                                                 Guides (AP-G88-14).

                                                                  AO6.4
                                                                  Bicycle spaces and end of trip facilities need to be
                                                                  accessible to all users.
Comment –
The applicant proposes 2 covered car parks within the garage and an additional non-covered space in
front of the dwelling. The minimum parking requirements for a bed and breakfast specified in table 9.4.1.4
is 1 space per guest bedroom. Therefore, the proposal requires an additional space onsite for the bed and
breakfast accommodation. The dwelling and secondary dwelling currently affords a demand of 3 spaces (2
for the dwelling and 1 for the secondary dwelling). Therefore, the total number of onsite carparking
required based on the minimum numbers specified in table 9.4.1.4 is 4 spaces.
As discussed, the applicant proposes 3 on site spaces. An additional space in a tandem arrangement, in
front of the garage, is not considered practical in this instance, as it will block the 3 other carparks and it is
not practicable to manage the comings and goings of a tourist /visitor, which will likely be sporadic (as
opposed to residence who typically leave in morning for work and return in the afternoon/evening).
Therefore, there is a shortfall of 1 space onsite, meaning the bed and breakfast accommodation will have
no onsite car parking.
Furthermore, it is also relevant to consider the following:
   The development has a total of 4 bedrooms (1 for the main dwelling, 1 for the secondary dwelling and 2
    proposed for bed and breakfast). Therefore, the likely number of users of the site is estimated to be 2
    guest (sharing 1 bedroom) and 6 residents (sharing 3 bedrooms). The anticipated number of vehicles
    for up to 8 people (or 4 parties/groups) is likely to exceed 3.
   The peak parking demand for guest carparking is overnight when residential parking is also at peak
    demand, during the day demand for car parking is dependent on the visitor as it is possible that some
    guests will come and go during the day, while others may leave their car at the residence and utilise
    public transport or simply walk to Hasting St and main beach.
   Whilst the Noosa Junction is a public transport hub, it also attracts many people by car and the
    carparking surrounding Bottlebrush Avenue is in demand during both the day and the night. Furthermore,
    on-street car parking is limited within Berrima Row and the on-street carparks are currently heavily
    utilised by surrounding residents.


                                                                                                        Page 12 of 83

Section 13

 PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                       7 JUNE 2022


    During the assessment the applicant has suggested an additional crossover is possible to provide
    additional space however this is impractical in light of the existing stormwater infrastructure and
    vegetation within the road reserve. Furthermore, additional surface treatment would result in excessive
    hard surfacing within the streetscape which would impact on the amenity / character of the street thereby
    not complying with PO25 of the Noosa Heads Local plan code which requires that car parking does not
    dominate the streetscape.
On this basis the development does not comply with PO6 as sufficient car parking is not provided .

 High Density Residential Zone Code
 Overall Outcomes
             i)       Home-based businesses allow residents to operate discreet businesses which
                      are compatible with high density living and the residential character and amenity
                      of the surrounding area.
 Comment –
 The proposed home-based business (bed and breakfast) is considered to be discreet in that the
 number of bedrooms is limited to 1 and the maximum number of guest is limited to 4 thereby it is
 considered an inconspicuous component of the dwelling. However, the inability to provide
 adequate car parking onsite means that the occupiers will be competing for on street car parks
 within the vicinity of the site. This is not compatible with high density living (where carparking
 availability is a premium) and will therefore impact on the current amenity of the surrounding area.
 The proposal is therefore considered to not comply with overall outcome i) of the High Density
 Residential Zone Code.
 PO3                                                             AO3.1
 Land uses including short-term accommodation are limited to     Land uses do not typically rely on people other than
 those which are compatible with high density living in urban    residents of the site to be present on the site between
 neighbourhoods and do not cause unreasonable loss of            the hours of 7:00pm and 7:00am.
 amenity, having regard to:
           1. the privacy of residents on the subject property   AO3.2
               or adjoining properties;                          Well established visitor accommodation including
           2. any likely increase in noise to adjoining          resort complexes and short-term accommodation is
               properties;                                       scattered amongst permanent residents.
           3. the scale of the use and its compatibility with
                                                                 AO3.3
               the character and uses within the property or
                                                                 Buildings are designed and orientated so that the
               surrounding area;                                 majority of outdoor living areas face away from the
           4. retention of the primary residential function of   habitable areas of adjoining dwellings.
               an area;
           5. the residential function and arrangement of        AO3.4
               common property;                                  Waste storage areas are screened and located to the
           6. the impact on the safety and efficiency of the     rear or side of a building and are not located along
               local road network;                               any frontage to a public street or space.
           7. the impact of waste storage areas on the visual
                                                                 AO3.5
               amenity of the area or sensitive land uses;
                                                                 Short-term accommodation does not:
           8. the location of the waste storage in relation to
               sensitive land uses; and                                    1.   constitute a party house; and
           9. any impact on shared vehicular access or                     2.   create noise which would
               parking.                                                         unreasonably impact on the residential
                                                                                amenity enjoyed by the adjoining or
                                                                                surrounding properties.
 Comment –
 As a home-based business being home hosted accommodation the privacy of residents on the subject
 property will be controlled by the residents of the dwelling. The use of the premises as a bed and breakfast
 does not raise any additional privacy issues for adjoining properties as may currently exist. Home hosted
 accommodation guests are unlikely to contribute to any increase in noise to adjoining properties as the
 residents of the house are expected to be present and therefore it is less likely to be an issue. As the home-
 based business is unable to provide adequate onsite car parking for the use it is likely that impacts on the
 local road network may be caused by vehicles of visitors trying to park within the limited-on street parking.


                                                                                                      Page 13 of 83

Section 14

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                              7 JUNE 2022


The anticipated additional demand on street parking is not considered compatible with high density living
neighbourhoods and will impact amenity currently afforded to nearby residents that may seek to utilise on
street parking for visitors to their residence etc. Therefore, the proposal doesn’t comply with PO3 on the
basis that carparking demand will cause unreasonable impacts.

Noosa Heads Locality Code
Overall Outcome
       S)    Development for home based businesses including bed and breakfast accommodation
             may locate in residential zones.
Comment –
The proposed home-based business for bed and breakfast accommodation is located within the
high-density residential zone and therefore complies with overall outcome s).

4.     CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers:
    Brad Geaney – a building works application is required, if the development is approved.
    Mark Lewis/Diogo Carico – Development Engineering - carparking

5.     CONCLUSION & REASONS FOR DECISION
Whilst the proposed use of the dwelling for a Home Based Business is generally supported by the
provisions of the planning scheme, the development is unable to overcome the shortfall of the
required car parking space, needed to support the use of the Home Based Business in conjunction
with the residential use therefore, the application raises significant issues in relation to car parking
demand that cannot be addressed by reasonable and relevant conditions. The application is
therefore recommended for refusal.

Departments/Sections Consulted:
     Chief Executive Officer          Community Services                         Corporate Services
     Executive Officer                Community Development                      Financial Services
     Executive Support                Community Facilities                       ICT
                                      Libraries & Galleries                      Procurement & Fleet
                                      Local Laws                                 Property
                                      Waste & Environmental Health               Revenue Services

     Executive Services           x   Environment & Sustainable Development      Infrastructure Services
     Community Engagement         X   Building & Plumbing Services               Asset Management
     Customer Service             x   Development Assessment                     Buildings and Facilities
     Governance                       Economic Development                       Civil Operations
     People and Culture               Environmental Services                     Disaster Management
                                      Strategic Land Use Planning                Infrastructure Planning,
                                                                                 Design and Delivery




                                                                                            Page 14 of 83

Section 15

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   7 JUNE 2022


                                                                  Attachment 1




                                                  Page 15 of 83

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Section 16

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   7 JUNE 2022




                                                  Page 16 of 83

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Version: 1, Version Date: 06/04/2022                                                                                                                                                                     1:100@A3                       3 .     a

Section 17

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   7 JUNE 2022




                                                  Page 17 of 83

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Section 18

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   7 JUNE 2022




                                                  Page 18 of 83

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Section 19

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   7 JUNE 2022




                                                  Page 19 of 83

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                                                                                7 JUNE 2022

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                                                                                                                                                              Page 19 of 83

Section 20

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   7 JUNE 2022




                                                  Page 20 of 83

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Document Set ID: 21439163                                                                                                                                                                                                                     1:100@A3                           07          3
Version: 1, Version Date: 08/04/2021                                                                                                                                                                                                               en

Section 21

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   7 JUNE 2022




                                                  Page 21 of 83

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Document Set ID: 21439163                                                                                                                                                                                                   4:40                             ee        ee
Version: 1, Version Date: 08/04/2021                                                                                                                                                                                          1OOGAS                        oe          5
                                                                                                                                                                                                                            1:10

Section 22

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 JUNE 2022


2     MCU19/0089.02 & OPW19/0160.02 - PLANNING & ENVIRONMENT COURT APPEAL NO
      D928 OF 2022 – MINOR CHANGE TO DEVELOPMENT APPROVAL FOR RETAIL
      BUSINESS TYPE 5 VEHICLE USES, RETAIL BUSINESS TYPE 2 SHOP AND
      OPERATIONAL WORKS – SIGNAGE AT 52 – 54 MARY STREET NOOSAVILLE

Author            Coordinator Planning, Patrick Murphy
                  Environment & Sustainable Development Department

Index             ECM/ Application/ MCU19/0089.02 & OPW19/0089.02

Attachments       Nil


EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 7 June 202 regarding Planning & Environment Court
Appeal D928 of 2022 and agree to defend the appeal.


REPORT
On 17 March 2022, Council at its Ordinary meeting resolved to refuse an application to change the
permitted opening hours of the service station from 5am to 4am and permit illumination of the BP
Helios signs on the awning facia sign for the following reasons:
1.    The proposed change does not constitute a minor change to the development approval as
      the change in hours will increase the severity of known amenity impacts and likely attract
      further submissions objecting to the change were the application to be publicly notified given
      the site’s proximity to residential properties.
2.    The proposed trading hours do not comply with Overall Outcomes 2 (d) & (h) and
      Performance Outcome PO11 & PO24 of the Business Activities Code as the proposed hours
      will adversely impact on nearby resident’s amenity.
3.    The proposed trading hours do not comply with Overall Outcome 2(m) and Performance
      Outcome PO42 of the District Centre Zone Code as the proposed change in hours will impact
      the amenity of nearby residential premises as nearby residents would not reasonably expect
      the service to be operational at this time.
4.    The proposed illuminated signage does not comply with Specific Outcome AO7 and Overall
      Outcome O7 of the Advertising Devices Code within the Noosa Plan 2006 as it proposes
      more than one illuminated sign and is not compatible with the visual amenity of the
      surrounding area.
5.    The proposed additional illuminated signage is not consistent with provisions of the Local
      Law signage requirements as the proposal exceeds the maximum number of signs permitted
      to be illuminated and is prohibited by the Local Law.
Council also resolved at the meeting, to request the CEO to convene a Councillor workshop for
Councillor’s, to allow the review and further discussion, regarding the signage laws, and associated
policies and request the CEO to, if necessary, provide a report to a future Council meeting outlining
any changes, updates or improvements to signage laws and policies, as may be proposed at the
Councillor workshop.


                                                                                     Page 22 of 83

Section 23

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 JUNE 2022


As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court. The applicant seeks that the extension to the operating hours
and additional signage be approved.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.

Previous Council Consideration
Ordinary Meeting, 17 March 2022, Item 4, Page 12
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 8 March 2022 regarding MCU19/0089.02 and OPW19/0160.02 to make a minor
change to an existing approval for Material Change of Use - Retail Business - Type 2 Shop &
Salon, Retail Business - Type 5 Vehicle Uses and Operational Works – Signage situated at 52-54
Mary St Noosaville and:
A.   Refuse the change for the following reasons:
     1.    The proposed change does not constitute a minor change to the development approval
           as the change in hours will increase the severity of known amenity impacts and likely
           attract further submissions objecting to the change were the application to be publicly
           notified given the site’s proximity to residential properties.
     2.    The proposed trading hours do not comply with Overall Outcomes 2 (d) & (h) and
           Performance Outcome PO11 & PO24 of the Business Activities Code as the proposed
           hours will adversely impact on nearby resident’s amenity.
     3.    The proposed trading hours do not comply with Overall Outcome 2(m) and
           Performance Outcome PO42 of the District Centre Zone Code as the proposed change
           in hours will impact the amenity of nearby residential premises as nearby residents
           would not reasonably expect the service to be operational at this time.
     4.    The proposed illuminated signage does not comply with Specific Outcome AO7 and
           Overall Outcome O7 of the Advertising Devices Code within the Noosa Plan 2006 as
           it proposes more than one illuminated sign and is not compatible with the visual
           amenity of the surrounding area.
     5.    The proposed additional illuminated signage is not consistent with provisions of the
           Local Law signage requirements as the proposal exceeds the maximum number of
           signs permitted to be illuminated and is prohibited by the Local Law.
B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C.   Request the CEO to convene a Councillor workshop for Councillors, to allow the review and
     further discussion regarding the signage laws and associated policies.
D.   Request the CEO to, if necessary, provide a report to a future Council meeting outlining any
     changes, updates or improvements to signage laws and policies, as may be proposed at the
     Councillor workshop.

Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.

Consultation
External Consultation - Community & Stakeholder
Thynne Macartney – Tim Quirk




                                                                                     Page 23 of 83

Section 24

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 JUNE 2022


Internal Consultation
Departments/Sections Consulted:
    Chief Executive Officer       Community Services                      Corporate Services
    Executive Officer             Director                                Director
    Executive Support             Community Development                   Financial Services
                                  Community Facilities                    ICT
                                  Libraries & Galleries                   Procurement & Fleet
                                  Local Laws                              Property
                                  Waste & Environmental Health            Revenue Services

    Executive Services        x   Environment & Sustainable Development   Infrastructure Services
    Director                  x   Director                                Director
    Community Engagement          Building & Plumbing Services            Asset Management
    Customer Service          x   Development Assessment                  Buildings and Facilities
    Governance                    Economic Development                    Civil Operations
    People and Culture            Environmental Services                  Disaster Management
                                  Strategic Land Use Planning             Infrastructure Planning,
                                                                          Design and Delivery




                                                                                     Page 24 of 83

Section 25

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 JUNE 2022


3     RAL21/0033 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF A LOT (1
      LOT INTO 8 LOTS) AT 60 GLENRIDGE DRIVE COOROIBAH

Author                Development Planner, Nadine Gorton
                      Environment and Sustainable Development Department

Index                 ECM/ APPLICATION/ RAL21/0033

Attachments           Nil.

EXECUTIVE SUMMARY
This application seeks to reconfigure an existing lot at Cooroibah into 8 rural residential lots. The
layout of the subdivision has been designed around the flooding and mapped environmental
constraints of the site with extensive flood areas and waterways/drainage lines proposed to be
covered with an environmental covenant and revegetated.
The application was originally considered at Council’s General Committee meeting dated 19 April
2022 due to flooding issues that affected the site and the Cooroibah community, as well as bushfire
management. A preliminary approval was recommended with conditions requiring further
information relating to an assessment of the risk and flood awareness for residents, alteration of
lot layout and further details about bushfire management. The application was considered at the
General Committee meeting however at the Ordinary Meeting dated 21 April 2022 the application
was subsequently held over at the request of the applicant.
The applicant has now provided a revised layout that includes the existing mapped koala
vegetation along McKinnon Drive in one lot and provides further information with regard to flooding
and bushfire management. The applicant also investigated the provision of an emergency access
to McKinnon Drive however SARA has advised that they do not support an emergency access as
there is no need.
The further information is considered to address the items raised in the preliminary approval and
the application is recommended for approval subject to conditions.

RECOMMENDATION
That Council note the report by the Development Planner to the Planning and Environment
Committee meeting of 7 June 2022 and:
A.    Approve the application and Issue a Development Approval in accordance with the following
      Conditions:
      PLANNING
      1.      Development undertaken in accordance with this approval must generally comply with
              the approved plans of development detailed below. These plans must be amended in
              accordance with the conditions.
           Plan No.           Rev.   Plan/Document Name                             Date
           21598-P001         D      Locality and Site Plan                         23.05.2021
           21598-P002         C      Roadworks and Drainage details                 05.05.2021
           21598-P003         E      Earthworks Plan                                23.05.2021
           Doc 21598_RP1      B      Tod Engineering Report in support of           34.03.2021
                                     Development Application
           J001001 RP01 to    B      Vegetation Management and Covenant Area        05.05.2022
           RP04                      Rehabilitation Plan Concept V2 prepared by
                                     North Coast Environmental Services


                                                                                     Page 25 of 83

Section 26

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 JUNE 2022


         Plan No.             Rev.    Plan/Document Name                           Date
         21-0288 FS001        V5      Flood Investigation by Peak Urban            05.05.2022
         J002001 RP05         B       Fencing Plan (issue B V2)                    05.05.2022
         J1001001             V2      Bushfire Hazard Assessment and Management    05.05.2022
                                      Plan prepared by North Coast Environmental
                                      Services

    2.      All works are to be carried out generally in accordance with the Flood Investigation –
            60 Glenridge Dve, Cooroibah Version 5 prepared by Peak Urban dated 05/05/2022.
    3.      All buildings and structures must be located within the building envelopes shown on
            Plan 21598-P001 Rev D, prepared by TOD, 23.05.2022, as amended by this approval.
    4.      Buildings within the proposed Lots are to be provided with finished floor levels in
            accordance with Table 4-5 of the approved flood investigation report, unless a higher
            standard is defined in the Planning Scheme at the time of lodgment of application for
            Building Works
    5.      Unless otherwise stated, all works required by the conditions of this Decision Notice as
            relevant to each particular stage must be completed prior to submission of the
            subdivision plan to Council for compliance assessment for the particular stage.
    6.      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
    7.   This development approval lapses if the requirements of the conditions have not been
         completed and an application for plan seal is not lodged with Council by 16 June 2026
         unless an application to extend the currency period is approved by Council.
    Plan of Development
    8.      All future dwellings on the approved lots must be sited and constructed in accordance
            with the approved building envelopes and dwelling controls (ie. the “Plan of
            Development”) shown on the Approved Plans. A copy of the approved Plan of
            Development must be included in the contract of sale for the approved lots, together
            with a clause which requires future dwellings to be constructed in accordance with it.
    9.      The applicant must prepare a metes and bounds building envelopes plan indicating
            House site areas and effluent disposal areas for the proposed lots. The areas must be
            in accordance with the approved plans as amended by these conditions. The plans
            must be submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56
            coordinates. The applicant must submit the plans to Council for approval prior to the
            endorsement of the Plan of Survey.
    Covenant
    10.     Vegetation protection covenants must be registered against the titles of the properties
            over the land areas defined as the covenant areas as identified within Locality and Site
            Plans Rev D prepared by TOD Consulting Engineers and Project Managers on the
            Approved Plans pursuant to Section 97A of the Land Title Act 1994. The covenant
            document and a survey plan must be submitted to Council for endorsement prior to
            lodgement with the relevant titles authority for registration of title. The covenant
            document must:
            a.      incorporate the requirements of this Decision Notice;
            b.      include Noosa Council as Covenantee;
            c.      reference Queensland Land Title Registry Standard Terms Document No.
                    715597513;

                                                                                     Page 26 of 83

Section 27

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      7 JUNE 2022


          d.     reference the Vegetation Management and Covenant Area Rehabilitation
                 Concept Plan;
          e.     reference the Covenant Area Management Plan (or similar);
          f.     reference the Bushland Rehabilitation Program (or similar);
          g.     reference the Firebreak Trail Specification;
          h.     reference the Bushfire Hazard Assessment and Management Plan;
          i.     detail no fence construction to occur in covenant areas and fire break trail; and
          j.     reference the requirement for minimum 1.2m metre high dog proof fence along
                 the entire common boundary of the vegetation protection covenants.
          k.     detail any future fencing around the external boundaries of the site to be fauna
                 friendly.
          l.     allow the developer and his representatives to maintain the rehabilitation within
                 the Covenant Areas on all Lots during the entire maintenance period.
    11.   The vegetation protection covenant areas within each Lot must result in an area of not
          less than the areas detailed within the Locality and Site Plans 21598-P001 Rev D
          prepared by TOD Consulting Engineers and Project Managers and as amended by
          conditions of this approval.
    12.  If a provision included in the covenant document is requisitioned or refused registration
         by the relevant titles authority, a substitute provision must be included in the document
         which as nearly as practicable addresses the objective sought by the requisitioned or
         refused provision. The wording of the substitute provision must be agreed by Council.
    Staging
    13.   The development is to be staged in accordance with the Locality and Site Plans 21598-
          P001 Rev D prepared by TOD Consulting Engineers and Project Managers and as
          amended by conditions of this approval with proposed Lot 8 requiring rehabilitation to
          be installed in accordance with an Operational Works Approval prior to the sealing of
          the Survey Plan for Stage 1.
    14.  Stage 2 area must be maintained and managed until commencement of Stage 2 to not
         cause environmental impacts including but not limited to erosion and sediment control,
         weed invasion control, fire mitigation measures (e.g. mown grass).
    Land Rehabilitation
    15.   Rehabilitation works must be undertaken in accordance with the Approved Vegetation
          Management and Covenant Area Rehabilitation Concept plan and in accordance with
          an Operational Works approval and the Noosa Plan 2020 and Planning Scheme Policy
          - PSP 2 Landscaping with the exception of:
          15.1      The inclusion of additional maintenance schedule requirements within the
                    Vegetation Management and Covenant Area Rehabilitation Concept plan
                    including:
                    15.1.1   Weed management to maintain a weed free zone around each
                             planted tubestock, mulch replenishment when required. Watering
                             when required.
                    15.1.2   Tree guarding of species susceptible to fauna damage.
                    15.1.3   Replacement of all dead tubestock.
                    15.1.4   3 Monthly (or as required) weed maintenance within the assisted
                             natural regeneration areas.
          15.2      The inclusion of additional rehabilitation Performance Objectives including:


                                                                                    Page 27 of 83

Section 28

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                        7 JUNE 2022


                  15.2.1   Rehabilitation works must meet the following Performance Criteria
                           for:
                           a.      Year One – 12 months after installation:
                                   i.      Planted trees have achieved an average height of 1m.
                                   ii.     Planted shrubs have achieved an average height of
                                           0.4m.
                           b.      Year Two - 24 months after the installation:
                                   i.      Planted trees have achieved an average height of 2m.
                                   ii.     Planted shrubs have achieved an average height of 1m.
                           c.      Year Three - Final acceptance installation:
                                   i.      Planted trees have achieved an average height of 3m.
                                   ii.     Planted shrubs have achieved an average height of
                                           1.2m.
                                   iii.    Canopy and / or vegetative strata must not be devoid for
                                           any area greater than 1.0m2 within any 10m2 sample.
                                   iv.     Plant density shading out and/or self-mulching.
                           d.      The duration of the establishment period:
                                   i.      Adherence to maintenance regime for rehabilitation and
                                           revegetation areas.
                                   ii.     No evidence of woody weeds reshooting from stumps,
                                           poisoned trees or the regrowth of cut stumps.
                                   iii.    No evidence of over-weeding or impact on non-target
                                           species.
                                   iv.     Signs of indigenous recruitment in rehabilitation areas.
                                   v.      Weed infestations less than 5% of the rehabilitation
                                           areas.
                                   vi.     Any failed plants within the previous 12 month period
                                           have been replaced.
                                   vii.    Healthy and vigorous growth allowed to grow to full form.
                                   viii.   Mulch layer sufficient to suppress weeds.
    16.   Prior to the Operational Works Approval prestart meeting for the rehabilitation works of
          Stage 1, a bank guarantee or a bond of $30,000 must be lodged as security for the
          completion of the rehabilitation works and three year performance maintenance period
          identified in the conditions of this approval.
    17.   The following amounts of the bank guarantee/bond may be returned at the end of each
          performance criteria year following Council approval as follows:
          a.    Year 1 - $10,000
          b.    Year 2 - $10,000
          c.    Year 3 - $10,000
    18.   Prior to the Operational Works Approval prestart meeting for the rehabilitation works of
          Stage 2, a bank guarantee or a bond of $60,000 must be lodged as security for the
          completion of the rehabilitation and three year performance maintenance period
          identified in the conditions of this approval.

                                                                                       Page 28 of 83

Section 29

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     7 JUNE 2022


    19.   The following amounts of the bank guarantee/bond may be returned at the end of each
          performance criteria year following Council approval as follows:
          a.    Year 1 - $20,000
          b.    Year 2 - $20,000
          c.    Year 3 - $20,000
    20.   Council reserves the right to stop and start the maintenance period depending on
          performance.
    21.   A Covenant Area Management Plan (or similar) and a Bushland Rehabilitation
          Program (or similar) must be prepared by a qualified person* and endorsed through an
          Operational Works approval.
    22.   The land areas defined as vegetation protection covenants on the subject site identified
          for rehabilitation on the Approved Plans must be rehabilitated* and all weed species
          listed in the following standards and legislation removed:
          a.    Declared plants under the Land Protection (Biodiversity Act 2014 and sub-
                ordinate Regulation 2016).
          b.    Noosa Local Government Area Pest Management Plan 2015-2019.
          c.    Undesirable Species as listed in Planning Scheme Policy 3 Landscaping Plants
                and Guidelines.
          The works must be undertaken in accordance with an Operational Works approval.
          *(Refer to Advisory Note)
    23.   A “no clearing zone” must be established and maintained over the land area defined
          over the area identified as vegetation protection covenants on the Approved Plans. The
          following activities must not be carried out within the no clearing zone:
          a.    clearing, cutting down, poisoning, lopping or pruning of native vegetation which
                is indigenous to, or planted within, the zone.
          b.    soil/spoil dumping and/or compacting.
          c.    soil excavation, other than for planting indigenous native plants or for works
                which are a natural consequence of this approval.
                The following exceptions apply:
                i.     declared plants under the Biosecurity Act 2014, and any Council Listed
                       Environmental Weeds, Undesirable species, Exotic Grasses and other
                       plants identified in writing by Council.
                ii.    indigenous native trees which pose a well-founded threat to persons or
                       property as approved in writing by Council.
                iii.   controlled bushfire burns to maintain ecological processes subject to
                       submission of a Bushfire Management Plan and agreed in writing by
                       Council.
    24.   All rehabilitation and re-vegetation of the vegetation protection covenant areas must
          be installed prior to Council endorsement of the Plan of Survey for each stage.
    Retention of Existing Trees
    25.   Existing trees on the site and in the Council road reserve must be retained in
          accordance with an Arborist Report for the development prepared by a qualified
          person* and referenced in a Development Permit for Operational Works.
          *(Refer to Advisory Note)
    26.   The performance bond:

                                                                                   Page 29 of 83

Section 30

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 JUNE 2022


          a.    may be drawn upon by Council in its entirety if any one tree identified for retention
                is damaged to the point where the tree cannot be saved (as confirmed by the
                project arborist and agreed in writing by Council).
          b.    will be returned upon practical completion of all the operational works relating to
                this development.
    27.   The tree/s identified for retention in the conditions of this approval listed within this
          Decision Notice must be maintained in good health for the life of the tree.
    Vegetation Management
    28.   An arborist’s report prepared by a suitably qualified person* is to be submitted for
          approval as part of the operational works application/s. The purpose of the arborist’s
          report is to identify the vegetation proposed to be removed on site. The vegetation to
          be retained in the vicinity of vegetation to be removed must be identified and tree
          protection measures detailed within the report.
          The works must be undertaken in accordance with an Operational Works approval.
          (*Refer Advisory Note)
    Works within Protected Land
    29.   The following works must be undertaken for each stage within the land to be covered
          by the vegetation protection covenants prior to the submission of the sealing of the
          survey plan:
          a.    Treatment and control of declared plants under the Biosecurity Act 2014 and all
                undesirable species as listed in Planning Scheme Policy 3 Landscaping Plants
                and Guidelines to prevent regrowth.
          b.    Plantings in accordance with the Approved Vegetation Management and
                Covenant Area Rehabilitation Concept plan and a Covenant Area Management
                Plan (or similar) and a Bushland Rehabilitation Program (or similar) prepared by
                a qualified person* and endorsed through an Operational Works approval.
          c.    Removal of any structures, debris or materials foreign to a natural environment
          The works must be undertaken in accordance with an Operational Works approval.
          *(Refer to Advisory Note)
    Fauna Management
    30.   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.
          *(Refer to Advisory Note)
    31.  Any domestic cats kept at all Lots must be permanently confined within buildings and/or
         cat enclosures for the purpose of protecting proximate wildlife. A clause must be
         included in the contract of sale which alerts purchasers to the requirement of this
         condition.
    Fencing to Protected Land
    32.   A permanent fence must be constructed around the entire perimeter of the vegetation
          protection covenant area. The fence must be constructed in accordance with an
          Operational Works approval and must be to the following specification:
          a.    Fauna friendly fencing on all covenant boundaries (1.2 metres high, 3 strand plain
                wire (no barb), Bottom strand no less than 300mm off the ground;
          b.    1.2 metre high dog proof fence along the entire common boundary to the
                vegetation protection covenants.



                                                                                     Page 30 of 83

Section 31

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      7 JUNE 2022


          c.    Include A5 sized signage with the wording “Vegetation Protection Covenant Area
                – No domestic animals” every 15m, durable, weather resistant and visually
                complementary to the natural environment.
    Community Awareness of Protected Land
    33.   An Environmental Awareness and Education Brochure must be prepared and provided
          to all purchasers with the contract of sale. The brochure must provide educational
          information regarding the significance of the Vegetation Protection Covenant, the
          requirements of maintaining the Vegetation Protection Covenant and the potential
          negative impacts that may result from some resident activities such as the keeping of
          domestic pets, the disposal of green wastes, and etc.
    Landscaping Works
    34.   The development site must be landscaped. The works must be undertaken in
          accordance with an Operational Works approval and the Noosa Plan for that specific
          area and PSP2 – Landscaping and must include in particular:
          a.    provision of 1 street tree within the road reserve for every 8 metres of new road.
          b.    removal of all weeds species listed in the following standards and legislation.
          c.    declared plants under the Land Protection (Biodiversity Act 2016 and sub-
                ordinate Regulation 2016).
          d.    The Noosa Council Biosecurity Plan 2020.
    35.   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.
    36.   All entry statements, fences, batters, retaining walls and buffer plantings must be
          located entirely within private land and not within the public road reserve.
    37.   All landscape works must be maintained generally in accordance with the approved
          design for the life of the development.
    Estate Entrance Feature
    38.   Any proposed estate entrance feature must:
          a.    reflect a subdued local character, rather than an overbearing or contrived
                statement.
          b.    comprise feature vegetation (either existing or planted) in preference to built
                forms.
          c.    integrate with the landscape design of the balance of the estate.
          d.    be constructed of durable and low maintenance materials.
          e.    be treated with a graffiti resistant coating.
          f.    not restrict pedestrian access.
          g.    Any estate entrance works must be undertaken in accordance with an
                Operational Works approval.
    Easements
    39.   A 20 metre wide continuous easement for fire break trail purposes must be registered
          against the title of each new lot. The easement must be:
          a.    In favour of Council and Fire Services.
          b.    Located over the land area defined by ‘Firebreak fire trail’ on the subject site
                identified on the Fire Break Trail Specification within the approval plans.

                                                                                    Page 31 of 83

Section 32

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     7 JUNE 2022


          c.    Located outside of the proposed covenant area.
          d.    Have no fencing between lots.
          e.    A continuous alignment through the lots.
    40.   The Grantor is responsible for all maintenance and costs associated with the 20 metre
          wide easement.
    41.   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.
    Bushfire Management – Reconfiguration Requirements
    42.   All reconfiguration works must be carried out in accordance with the approved Bushfire
          Hazard Assessment and Management Plan.
          *(Refer Advisory Note)
    43.   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 Advisory Note)
    44.   The following clauses must be included in the contract of sale for all Lots which
          requires:
          a.    future dwellings to be constructed within the building envelopes shown on the
                Approved Plans AND in accordance with the approved Bushfire Hazard
                Assessment and Management Plan.
          b.    the trafficable fire break trail to be maintained, include unlocked 4m wide gates
                allowing access to Council and Fire Services and ensure compliance with the
                QLD SPP Bushfire 2019 firebreak trail specifications.
          c.    All future dwellings are to provide a dedicated 10,000 litre water supply for
                firefighting purposes .
    45.   A Landholder Bushfire Information Kit is to be provided to all new owners detailing the
          performance requirements of the trafficable firebreak fire trails
    Road & Park Names
    46.   The proposed names of roads must be lodged with the application for a Development
          Permit for Operational Works. Names are to be
          a.    Relevant to Australian, preferably local, history, flora, fauna, culture, landscape
                or physical characteristics.
          b.    If used, personal names should commemorate persons who have contributed
                significantly to the development of the region; demonstrated outstanding levels
                of civic service; or achieved role-model status in the wider community or donated
                property or funds for community benefit; and be recognised in memoriam.
          c.    Park names should be unique within the locality.
          d.    Approval will not be given to a name that may be construed as advertising, is
                more than one word, understanding that a geographic relationship such as
                Cooroy Mountain is permissible; is insensitive to diverse cultures and does not
                accord with community standards; and is not concise, easy to pronounce and
                spell and be without accent marks, apostrophes or hyphens.
          e.    Approval will not be given to a name that is the same or similar to the name of
                another road in the Shire, or of a road in close proximity in a neighbouring Shire.

                                                                                    Page 32 of 83

Section 33

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 JUNE 2022


                Names that are not easily pronounced, or may cause confusion to emergency
                services are to be avoided.
          f.    All street signs on new roads (public and private) and parks shall be erected prior
                to works being accepted on maintenance.
    Boundary Encroachments
    47.   Certification must be submitted to Council 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 this Decision Notice.
          b.    all constructed access and roadworks (including associated fill batters and
                retaining walls) are fully contained within a dedicated reserve or registered
                easement.
          c.    all utility services and connections (eg. electricity, telecommunications, water,
                sewerage) are wholly located within the lot they serve or alternatively included
                within an easement.
          d.    all existing effluent disposal areas are wholly located within the lot they serve and
                comply with the boundary setback requirements of the Plumbing and Drainage
                Act 2002 and associated codes and requirements.
          e.    all dams (including ponded water, dam walls and associated spillway structures)
                are wholly located within the boundaries of a single lot.
          f.    all retaining walls and structures are fully contained within the lot they retain any
                fill, including fill batters, are wholly contained within the subject site and not on
                adjacent properties.
    External Works
    48.   The table drains in the verge areas in the frontage of the subject site to Glenridge Drive
          must be reconstructed to be free draining. The works must be undertaken in
          accordance with an Operational Works approval and must include in particular:
          a.    The frontage of proposed Lot 8 must be completed prior to the sealing of the
                survey plan for Stage 1.
          b.    The remainder of the frontage, including the proposed intersection, must be
                completed prior to the sealing of the survey plan for Stage 2. The intersection
                must be constructed generally in accordance with drawing No. 21598-P002,
                Revision D prepared by TOD engineers.
          Condition 48 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
          infrastructure.
    49.   A new intersection must be constructed joining Glenridge Drive with the new road. The
          works must be undertaken in accordance with an Operational Works approval and be
          completed prior to the sealing of the survey plan for Stage 2. The intersection must be
          constructed generally in accordance with drawing No. 21598-P002, Revision C
          prepared by TOD engineers, the Engineering Report Document No. 21598_RP1,
          Revision B prepared by TOD engineers dated 24 March 2022 and must include in
          particular:
          a.    an intersection with vehicle priority maintained on Glenridge Drive
          b.    provision of sight distances adequate for the design speed of the road
          c.    truncation of the new property boundaries
          Condition 49 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
          infrastructure.

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Section 34

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     7 JUNE 2022


    New Roads
    50.   The new road as shown on the Approved Plans must be constructed and dedicated as
          “road”. The works must be undertaken in accordance with an Operational Works
          approval and be completed prior to the sealing of the survey plan for Stage 2. The
          works must include in particular:
          a.    a reserve width of 20 metres with widening at the cul-de-sac head and generally
                in accordance with the approved plan
          b.    a cross section generally in accordance with drawing No. 21598-P002, Revision
                C prepared by TOD engineers
          c.    a cul-de-sac head generally in accordance with drawing No. 21598-P002,
                Revision C prepared by TOD engineers and Council’s Planning Scheme Policy
                6 – Engineering Design Standards
          d.    table drains and culvert drainage generally in accordance with drawing No.
                21598-P002, Revision C prepared by TOD engineers and the approved flood
                investigation
          Condition 50 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
          infrastructure.
    Property Access and Driveways
    51.   A residential driveway must be constructed to all lots in the relevant stage. The works
          must be undertaken in accordance with an Operational Works approval and:
          a.    be generally in accordance with drawing No. 21598-P002, Revision C prepared
                by TOD engineers and
          b.    be generally in accordance with Council’s Standard Drawing RS-056 and any
                associated addendum
          c.    include the access driveway servicing Lots 3 & 5.
    52.   The existing vehicle access to McKinnon Drive is to be wholly removed and the area
          revegetated as part of these works.
    53.   Vehicle access to Lots 1 - 8 is limited to the constructed driveway only. A clause must
          be included in the contract of sale for Lots 1 - 8 which requires vehicle access to be
          from the constructed driveway only, and which prohibits the driveway from being
          relocated without Council agreement.
          The following property notation, or similar, will be added to Council’s rates records for
          Lots 1 – 8:
          Private Certifiers, owners and prospective purchasers are notified that special access
          requirements apply to this parcel of land. Contact Council's Planning Department for
          Details.
    54.   Vehicle access to Lots 1 to 8 is limited to Glenridge Drive and the new road only. A
          clause must be included in the contract of sale for Lots 3 and 4 which prohibits vehicle
          access being taken from McKinnon Drive.
          The following property notation, or similar, will be added to Council’s rates records for
          Lots 3 and 4:
          No vehicle access is permitted to this property from the McKinnon Drive.
    Stormwater Drainage
    55.   Stormwater runoff from the development must be disposed of on-site without causing
          scour or damage to the subject site or any adjoining property.


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Section 35

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      7 JUNE 2022


     Services
     56.   Underground reticulated electricity and telecommunication services must be provided
           to Lots 1 - 7 in accordance with the standards and requirements of the relevant service
           provider.
     57.   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.
     58.   Certification must be submitted to Council from all relevant service providers (Energex
           and NBN) which certifies that the development has met the requirements of this
           Decision Notice and all applicable legislation at the time of construction.
     Easements
     59.   Easements for drainage purposes must be registered in favour of Council against the
           title of all lots. The easements must fully contain those parts of the subject site below
           the 1%AEP flood level.
     60.   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.
     61.   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.
     62.   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
     63.   All fill and associated batters must be undertaken in accordance with an Operational
           Works approval, and be generally in accordance with drawing No. 21598-P003,
           Revision E prepared by TOD engineering dated 2305.2022 and the approved flood
           investigation or as amended by conditions herein. The earthworks must be completed
           prior to the sealing of the survey plan for Stage 2.
     Damage to Services and Assets
     64.   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.
B.   Include the following property notes against the subject property in Council’s property record
     system:
     RAL21/0033 - Property Access Driveway
     1.    The following notation applies to the approved lots:
           Private Certifiers, owners and prospective purchasers are notified that special access
           requirements apply to this parcel of land. Contact Council's Planning Department for
           details.
     RAL21/0033- Property Access
     2.    The following notation applies to approved lots 3 and 4:

                                                                                     Page 35 of 83

Section 36

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      7 JUNE 2022


          No vehicle access is permitted to this property from the McKinnon Drive.
     RAL21/0033- Property Access
     3.   The following notation applies to the approved lots:
          The access road to this property may be cut during flood periods. No alternative access
          is available.
     RAL21/0033 – Vegetation Protection Covenant
     4.   The following notation applies to the approved lots:
          A Vegetation Protection Covenant applies to this lot. No clearing of vegetation is to
          occur within the covenanted area, except where in accordance with the terms of the
          covenant.
     RAL21/0033 – Ecological Preservation
     5.   The following notation applies to the approved lots:
          To ensure the protection of vegetation on this lot, any dwelling on this lot is required
          by Council Approval RAL21/0033 to be constructed within the building envelope
          nominated on the approved Lot Reconfiguration proposal plan (see Council file
          reference RAL21/0033).
          A “no clearing zone” applies to this property for the purpose of vegetation protection.
          The landowner must maintain the property in accordance with the ecological
          preservation conditions of Council Approval RAL21/0033.
     RAL21/0033 – Bushfire Management
     6.   The following notation applies to the approved lots:
          To ensure the safety of people and property on this property is maintained, all buildings
          and structures must be sited and constructed in accordance with the bushfire
          management conditions of Council Approval RAL21/0033 and associated Operational
          Work approvals.
     RAL21/0033 – Control of Domestic Cats
     7.   The following notation applies to the approved lots:
          Domestic cats are permitted on this lot provided that they are permanently confined
          within buildings or cat enclosures. This requirement is designed to protect lower canopy
          and ground nesting and feeding birds which occur proximate to the lot.
     RAL21/0033 – Building Envelopes
     8.   The following notation applies to the approved lots:
          All buildings and structures must be located within the building envelopes registered
          over this lot.
     RAL21/0033 – Finished Floor Levels
     9.   The following notation applies to the approved lots:
          In order to achieve appropriate levels of flood immunity, all buildings and structures
          must be provided with finished floor levels in accordance with Table 4-5 of ‘Flood
          Investigation – 60 Glenridge Dve, Cooroibah Version 5’ prepared by PeakUrban dated
          05/05/2022 unless a higher standard is defined in the Planning Scheme at the time of
          lodgement of application for Building Works. This flood report is available from Council
          under development permit number RAL21/0033.
C.   Request that the Chief Executive Officer investigate the impacts of flooding on development
     in the Cooroibah area as part of the preparation of Local Disaster Management Plan for the
     Cooroibah Area and as part of future planning scheme amendments.



                                                                                    Page 36 of 83

Section 37

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 JUNE 2022


REPORT
1.    BACKGROUND
The application seeks approval for Reconfiguring a Lot to create 8 Rural Residential lots in a staged
development at Cooroibah. The application was reported to Councils General Committee of 19
April 2022 with staff recommending the issue of a Preliminary Approval subject to conditions which
required the submission of amended plans and reports to address flooding, bushfire and
vegetation.
The application was reviewed by the Committee and subsequently referred to the Ordinary Meeting
of 21 April 2022 for further consideration. The matter was not considered at the Ordinary Meeting
as the applicant requested that the matter be held over so further information could be provided.
The applicant has provided a revised layout and response to the matters outlined in the planning
report to Council on the 6 and 9 May 2022.
2.    PROPOSAL
The applicant has amended the proposal plans to reflect the requirements detailed in the
preliminary approval as follows:
a.    Amend subdivision layout (Plan: 21598-P001 Rev B, 21598-P003 Rev C) detailing
      amalgamation of Lots 1 and 2.
      Lots 1 and 2 were required to be amalgamated to achieve a house site above the 1% AEP.
      The revised layout has realigned the lots and demonstrated that all 8 lots have a house site
      above the required level.
b.    Amend the subdivision layout and include the mapped Koala Habitat adjacent to Mckinnon
      Drive in one lot.
      The layout now includes the mapped Koala Habitat in one lot (proposed lot 3)
c.    Update the fill level for the building envelope of proposed Lot 8 to the PMF Level.
      The layout has been amended to detail a filled building envelope for Lot 8.
d.    Provide a Risk Assessment Report that demonstrates compliance with PO7 and AO7.1 to
      AO7.3 of the Flood Hazard Overlay Code and addresses management of risks to occupants
      of the site having regard to Mckinnon Drive being not trafficable during a PMF event.
      The Flood Report has been updated to provide further information about flooding and risk.
e.    Amend Table 4-5 of the Flood Investigation – 60 Glenridge Dve, Cooroibah Version 4
      prepared by Peak Urban dated 01/04/2022 to address the following:
      i.    The minimum fill level for proposed Lot 8 is to be amended to the PMF level. All works
            are to be carried out generally in accordance with the updated flood investigation
            report.
      ii.   The updated flood investigation report is to be submitted to Council for approval prior
            to the issue of Development Permit.
      The Flood Report has been amended to address the requirement.
f.    Provide an effluent disposal report demonstrating that the house site areas can sustain
      appropriate disposal areas.
      An effluent disposal report has been provided demonstrating that effluent disposal can
      comply with current standards and be established within the building envelope.
g.    Provide a fencing plan that details:
      i.    no fencing within the covenant area
      ii.   no fencing or gates restricting access between lots in relation to the fire break trail
            areas.

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Section 38

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                        7 JUNE 2022


         A fencing plan has been provided that demonstrates the covenant area clear of fencing and
         the fire break.
h.       Require the provision of a temporary fire/emergency access to McKinnon Drive
         The applicant prepared revised plans detailing an emergency access to McKinnon Drive and
         referred the plans to SARA for comment. The applicant has advised that TMR have advised
         that they do not support the requirement for an emergency access as there is no need.
i.       Require the provision of an access road above the 1% AEP.
         The applicant has not altered the level of the access road and has provides further
         justification for the proposed level that is consistent with Planning Scheme requirements as
         detailed in section 3 below.
The revised plans propose the following stages and areas:
     Stage 1:
     Lot         Area                 Covenant Area         Building Envelope
     Lot 8       3.170 ha             2.018 ha              0.110 ha
     Stage 2:
     Lot         Area                 Covenant Area         Building Envelope
     Lot 1       3.020 ha             0.666 ha              0.113 ha
     Lot 2       1.599 ha             0.412 ha              0.110 ha
     Lot 3       1.660 ha             1.079ha               0.112 ha
     Lot 4       1.507 ha             0.655 ha              0.110 ha
     Lot 5       1.502 ha             0.804 ha              0.110 ha
     Lot 6       1.717 ha             1.072 ha              0.110 ha
     Lot 7       1.586 ha             N/A                   0.110 ha
All proposed lots have designated building envelopes and building pads that are located at the 1%
Annual Exceedance Probability (AEP) (previously known as Q100) plus a 0.3 metre free board.
The applicant also proposes a building floor height above Probable Maximum Flood (PMF) to
achieve a safe refuge in such an event.
Earthworks associated with roadworks and allotments results in 636m3 of cut and 6623m3 of fill for
the entire site.
A fire break trail with a width of 20 metres is proposed around the house site areas and roadway
and includes:
        A trafficable area of 4 metres of managed grass or dirt
        A working area of 3 metres each side of the trafficable area comprising of managed grass
        10 metre balance area of ‘managed vegetation’ which comprises managed grass and low
         density trees.
An easement is proposed to be registered over the fire break in favour of Council and the QFES
with the easement to be maintained by the grantor. No fencing or gates are proposed to be
provided between properties for access to the fire break.
The locality and revised proposal plans are included below.




                                                                                      Page 38 of 83

Section 39

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA    7 JUNE 2022




                            Figure 1 – Locality




                            Figure 2 – Site Plan

                                                   Page 39 of 83

Section 40

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA         7 JUNE 2022




                        Figure 3 – Revegetation Areas




                          Figure 4 – Fire Break Trail

                                                        Page 40 of 83

Section 41

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   7 JUNE 2022


3.   ASSESSMENT
Flooding
The site is mapped as being affected by flood hazard under the Noosa Plan 2020’s Natural Hazard
Overlay mapping. The applicant has provided a revised Flood Investigation Report prepared by
Peak Urban which confirms that all sites now have suitable flood immunity with residents able to
seek refuge in a PMF event within future dwellings. Revised flood mapping for a 1% AEP event
and PMF event are detailed in figures 5 and 6 below:




                               Figure 5 – Flood Depth Map – 1% AEP




                                                                                 Page 41 of 83

Section 42

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     7 JUNE 2022




                       Figure 6 – Flood Depth Map – Probable Maximum (Flood)

An external review of the original flood report was undertaken on behalf of Council by Switchback
Consulting which indicated that the applicants flood modelling was appropriate and that the
provision of building envelopes filled above the PMF was an acceptable outcome. The revised
layout and reports have been further reviewed by Switchback Consulting, who confirms that the
assessment and revised layout are appropriate.
As detailed in the previous planning report, concerns were raised as to the impacts of flooding on
the greater road network and implications for safe evacuation of the site and access to urban
services. The applicant’s updated Flood report has been amended to include a further assessment
with regard to flooding and the provision of a flood warning system. An extract from the report is
included below:
This development has been designed to provide flood free access to all lots via the new internal
road in events up to the 10% AEP and will remain trafficable in events up to the 1% AEP event in
accordance with the Queensland Urban Drainage Manual (QUDM).
Further consideration of flood risk has been undertaken in events greater than the 1% AEP event,

                                                                                   Page 42 of 83

Section 43

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         7 JUNE 2022


with assessment of the PMF event taking place. The assessment found that the lots within the
development would become isolated in extreme events such as the PMF, with the internal access
road having flow conditions that would not be trafficable. An assessment was completed as to the
length of time the internal access would be considered not trafficable (flow depths > 0.2m) along
the warning time between the start of the rain event to when the internal crossing becomes not
trafficable. The assessment was completed for the PMF event for a number of durations and is
highlighted below (table 4.6 (sic)). From this, it is considered that a site flood warning system would
not be appropriate in this situation due to the short response times for flood waters to rise. It would
be safer outcome for residents to seek refuge within their houses and communication about a
extreme weather system come from Council or State Disaster Management Services.




This assessment highlights that there would be a limited amount of time to warn / evacuate
residents due to the relatively short amount of time it takes for the internal road to become
inundated in an extreme (i.e PMF) event. This would be typical of all catchments where the
upstream catchment is relatively small. From this, the time of submergence is also relatively small
with times ranging from 2.0 to 8.0 hours depending on the event duration.
 From this, it is considered that the provision of suitable flood refuge or evacuation to higher ground
(i.e. to Glenridge Drive) would be the preferred risk management measure as opposed to
evacuating the area to a formal evacuation centre. Each lot is provided with an 1,100m2 building
envelope above the PMF level that would be suitable to act as a flood refuge until flood waters
recede.
The application of a flood refuge is recommended in similar circumstances as means to address
flood risk and potential burden by Gold Coast City Council (GCCC), who have large amount of
flood plain on which developments are managed.
…Further to this, that subsequent that Council Disaster Management Plan includes
communications to these future residents that their building envelopes serve as a flood refuge
should an event greater than the 1% AEP event occur. This information could also be conveyed
via property note.
The revised report has been reviewed by Switchback Consulting who supports the ‘shelter -in-
place’ strategy due to the short flood warning times.
As part of the preliminary approval recommendation, Councilors also requested that the access
road be raised to be above 1%AEP. The applicants engineering consulting has reviewed this
requirement and declined to increase the flood immunity of the internal road as the road design
meets Council and QUDM requirements as detailed below:
The Internal Road extension has been designed achieve flood immunity in the 10% AEP event,
whilst allowing some overtopping in the 1% AEP (major event). The high point of the road (which
acts as a weir) is at a minimum 12.81m AHD. This results in a flow depth of less 0.2m occurring
over the road pavement in the 1% AEP, with flow velocities less than 1.6 m/s and flow hazard less
than 0.3m2/s. These parameters are below the trafficability requirements of QUDM, which require
a maximum depth of 0.2m and hazard less than 0.3m2/s in the 1% AEP event.

                                                                                       Page 43 of 83

Section 44

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         7 JUNE 2022


A review of the further information by Switchback Consulting supports the applicant’s submission
and the requirement not considered necessary.
4.    CONSULTATION
4.1. Referral Agencies
The applicant was referred to the following Referral Agencies:
     Department of Infrastructure, Local Government and Planning (SARA)
The applicant has advised that TMR does not support the provision of an emergency access to
McKinnon Drive as they do not consider there is a demonstrable need for such an access.
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers who advised that the
revised plans and information addressed their concerns:
     Coordinator Development Engineering
     Environment Officer
4.3. Other Referrals
The application was forwarded to the following external experts for review and/or comment:
     Stormwater Engineer – Switchback Consulting.
5.    CONCLUSION & REASONS FOR DECISION
The application seeks approval to reconfigure the existing site into 8 rural residential lots. The
layout reflects the flooding, biodiversity and bushfire constraints of the site with these areas
covered by an environmental covenant and bushfire access easement. All lots have designated
building envelopes that are located above the 1% AEP flood level, with future dwellings to be
constructed above the Probable Maximum Flood (PMF) level to facilitate the capacity for future
residents to seek refuge in place. Due to the relatively short time it takes for the internal road to
become inundated in an extreme event (PMF), it is considered appropriate that residents shelter
in place rather than try and evacuate.
The height of the access road to the site has been demonstrated to comply with planning scheme
requirements with the flooding of the surrounding road network and no further increase in height is
recommended.
It is noted that an emergency access to McKinnon Drive originally requested by Council and
provided by the applicant was not supported by the State.
The revised plans and supporting information have satisfactorily addressed concerns with regard
to flooding and bushfire and the application is recommended for approval subject to conditions.

     Chief Executive Officer       Community Services                       Corporate Services
     Executive Support             Director                                 Director
                                   Community Development                    Financial Services
                                   Community Facilities                     Fleet
                                   Libraries & Galleries                    ICT
                                   Local Laws                               Procurement
                                   Waste & Environmental Health             Property
                                                                            Revenue Services

     Executive Services        x   Environment & Sustainable Development    Infrastructure Services
     Director                  x   Director                                 Director
     Community Engagement          Building & Plumbing Services             Asset Management
     Customer Service          x   Development Assessment                   Buildings and Facilities
     Governance                    Economic Development                     Civil Operations
     People and Culture            Environmental Services                   Disaster Management
                                   Strategic Land Use Planning              Infrastructure Planning,
                                                                            Design and Delivery



                                                                                       Page 44 of 83

Section 45

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                          7 JUNE 2022


4      MCU21/0104 – APPLICATION FOR MATERIAL CHANGE OF USE – UNDEFINED USE -
       MOTORCYCLE/SCOOTER SALES AND REPAIR SITUATED AT 16 RENE ST
       NOOSAVILLE

Author                Development Planner, Lisa Pienaar
                      Environment and Sustainable Development Department

Index                 Applications / ECM / MCU21/0104

Attachments           1.   Proposal Plans


    APPLICATION DETAILS
    Applicant                      Ronald Fredrick Charles Salmon
                                   Margaret Ann Salmon
    Proposal                       Material Change of Use - Motorcycle/Scooter Sales & Repair
    Properly Made Date             30 June 2021
    Information Request Date       7 July 2021
    Information Response Date      8 October 2021
    Decision Due Date              20 June 2022
    Number of Submissions          1
    PROPERTY DETAILS
    Property Address               16 Rene St Noosaville
    RP Description                 Lot 13 RP 150347
    Land Area                      1299m²
    Existing Use of Land           Motorcycle / Scooter Sales & Repair
    STATUTORY DETAILS
    SEQRP Designation              Urban Footprint
    Zone                           Medium Impact Industry
    Precinct                       Not applicable
    Local Plan Area                Noosaville Local Area Plan
    Overlays                       Land Subject to Acid Sulfate Soils – Above 5m AHD
    Assessment Type                Impact

EXECUTIVE SUMMARY
The application seeks approval for a Material Change of Use for Motorcycle/Scooter Sales and
Repair. The Motorcycle/Scooter Sales and Repair has operated from the site since 2013 and is
considered an undefined by use by the Noosa Plan. The application is before Council, due to the
proposal being undefined in the Noosa Plan.
The motorcycle/scooter repair component is consistent with the intended uses for the medium
impact zone, but the retails sales component is not intended for the area. Notwithstanding this, the
retail component is complementary to the motorcycle/scooter repair business, will operate in
association with and will not compromise the site and surrounding area from the intended
predominant industrial activities and is therefore recommended for approval.
The application was previously considered by Council at General Committee on 13 December
2021 when Caretaker’s Accommodation was proposed to be included. The applicant stopped the
current period under the Planning Act 2016 before the application was decided. The applicant
resubmitted a new site and floor plan on 24 May 2022, removing the Caretaker’s Accommodation
from the proposal.

                                                                                        Page 45 of 83

Section 46

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                           7 JUNE 2022


RECOMMENDATION
That Council note the report by the Development Planner to the Planning and Environment
Committee Meeting dated 7 June 2022 regarding Application No. MCU21/0104 for a Material
Change of Use - Motorcycle/Scooter Sales and Repair, situated at 16 Rene St Noosaville and:
A.   Approve the application in accordance with the following conditions:
     PLANNING
     1.      Unless otherwise stated, all conditions of this Decision Notice must be complied with
             prior to the use commencing, and then compliance maintained at all times while the
             use continues.
     Approved Plans
     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.
           Sheet   Rev.    Plan/Document Name                                               Date
            No.
          A01      C       Site Plan and Floor Plan MCU Application, prepared by RG         20/05/2022
                           Strategic
          B01      B       MCU Application Plan (elevations rear building), prepared by     22/12/2021
                           RG Strategic

     Currency Period
     3.      This development approval lapses if the use has not happened by 16 June 2028,
             unless an application to extend the currency period is approved by Council.
     Nature and Extent of Approved Use
     4.      The approved use includes motorcycle, motor scooter, electric scooter and electric
             motorcycle sales, servicing and repairs, including ancillary sale of
             motorcycles/scooters and associated accessories.
     5.      The indoor and outdoor sales use area is limited to the areas identified in pink, as
             shown on the approved plan A01, Issue C dated 20/05/22.
     6.      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.
     Car Parking
     7.      A minimum of 6 car parking spaces and 2 motorcycle spaces must be provided and
             marked on the site and made available and accessible at all times while the use is open
             for business. The works, including access to the parking, must be undertaken in
             accordance with an Operational Works approval and must include in particular:
             a.    All car parking areas and access driveways must be maintained exclusively for
                   vehicle parking and manoeuvring and kept in a tidy and safe condition at all times;
             b.    Directional signage must be provided to direct customers to the car parking
                   spaces provided on site.
     Service Vehicles
     8.      Service vehicle parking, manoeuvring, and standing spaces must be provided on the
             site and must include in particular a loading bay for a single unit truck 12 metres x 3.6
             metres.



                                                                                          Page 46 of 83

Section 47

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     7 JUNE 2022


    Landscaping
    9.    The development site must be landscaped in accordance with the approved site plan
          and be provided to a minimum of 15% of the site. The works must be undertaken in
          accordance with an Operational Works approval and PSP2 Landscaping in Noosa
          Plan, for that specific area and must include in particular:
          a.    the works shown on the Approved Plans;
          b.    A 2 metre wide landscaping strip along the Rene St road frontage of the subject
                site, exclusive of the access driveway;
          c.    All landscape works must be established and maintained in accordance with the
                approved design for the life of the development, and in a manner that ensures
                healthy, sustained and vigorous plant growth. All plant material must be allowed
                to grow to full form and be refurbished when its life expectancy is reached.
          d.    All landscape works must be maintained generally in accordance with the
                approved design for the life of the development.
    Stormwater Drainage
    10.   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 and generally in accordance with report titled “Preliminary Stormwater
          Management Plan”, rev 0, dated 7 October 2021 and prepared by RECOR Pty Ltd.
    Easements
    11.   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.
    12.   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.
    13.   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
    14.   All fill and associated batters must be contained entirely within the subject site unless
          written permission from the respective landowner(s) is provided to Council. All
          earthworks must be undertaken in accordance with the provisions of Australian
          Standard AS3798: Guidelines on Earthworks for Commercial and Residential
          Developments.
    15.   Where the development involves excavation or filling over, or adjacent to, drainage,
          water supply or sewerage infrastructure, all access chamber surface levels must be
          adjusted to provide a freeboard of 100mm above the finished ground surface level.
    16.   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
    17.   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:



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           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.
B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C.   Find the following matters relevant to the assessment and sufficient reason to approve the
     ‘Motorcycle/Scooter Sales’ component of the application:
     a.    The proposal is complementary and directly associated with the proposed industrial
           use.
     b.    The proposal will not compromise the use of the area from being used for
           predominantly industrial activities.

REPORT
1.   PROPOSAL
The application seeks approval for a Material Change of Use for an Undefined Use –
Motorcycle/Scooter Sales and Repair. The proposal includes a new building at the rear of the
premises in conjunction with the existing operating business of Scooter Style Noosa Motorcycles.
The proposed Motorcycle/Scooter Sales and Repair is not a defined use identified in the Noosa
Plan. The use does not fit within the thresholds for Outdoor Sales, Low Impact Industry or
Showroom and therefore is best considered undefined. The nature of the business includes both
indoor and outdoor sales and a repair workshop which is not considered subordinate to the sales,
but rather an integrated component of the business operations.
The locality and proposal plans are included in Figures 1 – 4 below:




                                        Figure 1 – Locality


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                               Figure 2 – Site Plan




                       Figure 3 – Floor Plan (new building)




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                                       Figure 4 – Elevations

2.   SITE DETAILS
2.1. Background
The subject site received a development permit on 19 January 1990 for a ‘milk distribution depot’.
In 2013, Scooter Style Noosa Motorcycles established on the site under the superseded planning
scheme as an Industrial business – Type 2 Production, alteration, repackaging & repairing, defined
as:
     The use of premises for the production, manufacturing, dismantling, altering, cleaning, re-
     packaging, freezing or repairing of goods. The use includes food industries, textiles,
     mechanical, boat repair, sandblasting.
An Industrial business – Type 2 use in this location was ‘accepted subject to requirements’ under

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the superseded Noosa Plan and therefore no development permit was required for Scooter Style
Noosa Motorcycles where the use met the requirements of the planning scheme.
Application No MCU19/0080 for a Material Change of Use - Ancillary Dwelling Unit (Caretakers
Accommodation associated with the Scooter Style Motorcycles) consisting of a dwelling unit with
approximately 110.8m2 of upper level internal area, including two bedrooms and approximately
25.8m2 of terrace area enclosed in glazing was received by Council on 19 July 2019.
A site inspection carried out by Council Officers on 20 March 2020, determined that the current
use operating on the site did not meet the definition of an Industrial Business, being:
      Industrial business means the conduct of an industrial business activity, where goods or
      products are produced, manufactured, dismantled, altered, repackaged, repaired or stored
      at a scale of greater than that defined by retail business. The use includes the sale of
      goods, resulting from such operations, provided that sales space does not exceed
      20% of the use area. Any space dedicated for administration or accounting work in
      connection with such operations does not exceed 20% of the use area.
New scooter and motorbike sales are not considered an industrial business and do not form part
of the permitted 20% retail sales area (of the above definition), given that the retail sales area is
for the sale of goods resulting from the industrial use on-site. The scooter/motor bike sales was
considered an unlawful use of the site.
Application No MCU19/0080 for a Material Change of Use - Ancillary Dwelling Unit (Caretakers)
was refused under delegation on 30 April 2020.
With regard to this application, the proposal for Material Change of Use for Motorcycle/Scooter
Sales and Repair and Caretaker’s Accommodation, was debated by Council at the General
Committee on 13 December 2021. The applicant ‘stopped the current period’, which is provided
for under the Planning Act 2016, on 15 December 2021 before the application could be decided at
the Ordinary Meeting on 16 December 2021.
The applicant made a change to this application on 24 May 2022, removing the Caretaker’s
Accommodation use from the application and including this floor area of 65m2 (in a new building)
within the industrial use area.
2.2. Site Description
The subject site is an irregular 1297m2 lot, encumbered by an easement running the full length of
the southern boundary. The site contains an existing approximately 360m2 single storey industrial
building, containing a scooter and motorbike repairs and sales shop. This existing building is partly
constructed within the easement.
The site does not contain any designated / line marked carparks.
2.3. Surrounding Land Uses
The subject site is located within an industrial area and is adjoined by industrial uses to the north
and south. The Council Depot is located on the adjoining lot to the rear, with the south eastern
corner of the depot being heavily vegetated.
3.    ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
     State Planning Policy;
     South East Queensland Regional Plan;
     Planning Regulation 2017;
     Noosa Plan 2020.



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State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.2. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of Noosa Plan 2020 to the extent the
provisions are relevant to the development.
Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Medium Impact Industry. The
proposed use for undefined use is identified an inconsistent use. The application is required to
follow an impact assessable application process.
The Motorcycle/Scooter Sales & Repair use operates within the existing building and outdoor areas
on site from 9.00am-4.30pm Monday to Friday. The site plan identifies 180m2 of gross floor area
(GFA) for the industrial component and 131m2 of use area for the scooter and accessory sales
component. The existing building complies with setback, site cover and height requirements in
Noosa Plan. The new building proposed at the rear of the premises complies with the setback and
building height requirements.
Car Parking
The development provides for 6 car parking spaces for the Motorcycle/Scooter Sales and Repair
and 2 motorcycle spaces. As the proposal is for an undefined use minimum parking requirements
are not stipulated in Table 9.4.1.4 of the Driveways and Parking Code. Therefore, a comparison
against a Showroom use with regard to the sales component is described in Table 1 below, to
determine if the proposal meets Performance outcome PO35 of the Medium impact industry code,
which states:
      PO35
      Sufficient car parking is available to accommodate the number and type of vehicles likely to
      be generated by the use on site.
 Proposed GFA                                   Noosa Plan requirements
 Low impact industry 180m 2 GFA                 1 space per 50m2 – 3.6 spaces
 Scooter/motorcycle and accessory sales         ‘Showroom’ – 1 space per 50m2 - 2.62 spaces
 131m2
 Total car spaces required by Noosa Plan        6.22
 Total car spaces provided                      6.5 (6 car spaces and 2 motorcycle spaces)
                                               Table 1

It is also noted that 4 on street parking for motorbikes/scooters spaces are located directly in front
of the premises. These spaces were included in Council’s works program in 2015 and provided
shortly after. The quantity of motorcycle spaces and car parking spaces is considered sufficient for
the use and as demonstrated above, the proposal complies with Performance outcome PO35 with
the Driveways and Parking Code.
Motorcycle/ Scooter Sales and Repair
The purpose of the Medium Impact Industry zone is to provide for medium impact industry and
other uses and activities that support industrial activities and do not compromise the future use of

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the area for industry activities. The Motorcycle/Scooter Repair component of the proposed use is
considered a low impact industrial use, however the sales component of the business is considered
retail rather than industrial. The retail (sales) component of the business supports the function of
the repairs use and whilst not ancillary (subordinate) it does not compromise the future use of the
premises of industrial activities as it is intended to operate within the existing building and confines
of the premises and is complementary to the motorcycle/scooter repairs. The proposed
Motorcycle/Scooter Sales and Repairs use does not compromise the function and viability of
business centres within the Noosa Shire Hierarchy and is considered compatible with surrounding
uses and development.
As per Strategic Outcome 3.35 e) smart, innovative and sustainable businesses and industries,
which are a response to changing market conditions are supported. The motorcycle/scooter market
is a growing transport option within the Noosa Locality, which is also recognised within Strategic
Outcome 3.3.6 d), which provides for priority transport infrastructure for motor scooters and public
transport over private cars. The proposed use of the premises supports positive business
outcomes that are aligned with Noosa's Strategic Outcomes and represents new enterprises and
new ways of doing business.
The proposed use Motorcycle/Scooter Sales and Repair is therefore considered an appropriate
outcome for the site that supports the overall intent of the Noosa Plan and zone provisions.
3.3. CONSULTATION
3.4. Referral Agencies
Not applicable
3.5. Internal Council Referrals
The application was forwarded to the following internal Council officers:
     Engineering officer, Development Assessment
3.6. Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning
Act 2016. One properly made submission was received. The submission raised no issues and
expressed support for the proposal.

4.    CONCLUSION & REASONS FOR DECISION
The application seeks a development permit for Material Change of Use for an Undefined Use -
Motorcycle/Scooter Sales & Repair. The use has operated from the site since 2013 and is
compatible with surrounding uses and development. The proposal to include the sales component
is complementary and directly supports the industrial use.
The proposal is therefore recommended for approval.

Departments/Sections Consulted:
     Chief Executive Officer          Community Services                       Corporate Services
     Executive Officer                Community Development                    Financial Services
     Executive Support                Community Facilities                     ICT
                                      Libraries & Galleries                    Procurement & Fleet
                                      Local Laws                               Property
                                      Waste & Environmental Health             Revenue Services

     Executive Services           x   Environment & Sustainable Development    Infrastructure Services
     Community Engagement             Building & Plumbing Services             Asset Management
     Customer Service             x   Development Assessment                   Buildings and Facilities
     Governance                       Economic Development                     Civil Operations
     People and Culture               Environmental Services                   Disaster Management
                                      Strategic Land Use Planning              Infrastructure Planning,
                                                                               Design and Delivery




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   7 JUNE 2022


                                                                  Attachment 1




                                                  Page 54 of 83

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                                                       7 JUNE 2022

                                                                                                                                                                                                               Attachment 1
                                                                                                                                                                                           Attachment 1
                    Site Calculations                        Carparking Calculations
                     Low Impact Industry GFA = 180m?          Mechanical/repairs (Low impact industry) based on GFA - 180m?/SOn? == 3.6 spaces
                     Sales GFA          =  795m?              utdoor sales use based on Total Use Area - 13m?/SOn? = 2.62 spaces
                     TotalGFA          =  259.5m?
                    Use Area of Sales Use            Total carparking required by Planning Scheme - 6.22 spaces                                                      EMT.A
                     Inside use area = 72m?         Total car spaces provided = 6 spaces + 2 additional motorcycle spaces = 6.5 spaces                               weer
                     Outside covered= 39m?
                    Outside area = 12m?                                                                                 2                       ‘                              i            ‘
                    Outside area = 8m’                                                           ou                   we        Biwi                            i.                —_
                    TOTAL use area (inside and outside} = 131m’                                                        ——                        a       seen tor                         2.
                                                                           :                    ;     cea eees                                            ci a2                            m
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                               !                            —         =     7     =                                                                                  i
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                                                            peated                  F                                                              ie                  aaa
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                                                                                                                                                                       -      |                         Floor Plan
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                                                                                                                                F                ee                                                     Plan AQT
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                                     i             =                                                                   EAST ELEyATION (RENE STREET)                                                  Scooter Style
                                               ieee             ee                      .                                                                                               16 Rene St, Noosaville 4566
                                                                  ms
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                                                                             |                                rm                                              }
                                     '                                                  7                        Hee)               LP
                                              Floor Plan - additional storage                       NORTH ELEVATION

                                                                                                                                     Page 54 of 83

Section 55

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   7 JUNE 2022




                                                  Page 55 of 83

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                                                                  7 JUNE 2022

                            Flashing along front edge of roof finch 85 sccartty mean watt Strength alloy frame to
                          Danopy with hardwood battems |  be fitted to ousite
                                     aL                              CO
                              sans           |                      ,           _ |           |        Smee
                               emovable                                                                JARRAH decking
                               LS       —————                                    ===>
                                                                ee                                —.  & Termite coltar
                                       Aluminum framed door 100mm stiles Footing 23 per engineers specifications |
                                     H    uty wrath ee enated Gass             a                                                            100mm louvres electrically operated with remote
                                    “ey       Lockwood lock series 3570    Allthread chemset into foortings                                (above 1800mm only) Black $8 security mesh with Flashing along front edge of roof
                                                                                                                                                Hi-Streng th alloy frame to be fitted to ousite
                                                                                                                                                                                        Canopy with hardwood batterns
                                                    FRONT BALCONY ELEVATION                                                                 Security lighting __—         SS      -e—=
                                                                                                                                       ome       Tk]                   5 ;
                                                                                                                                              |                           —                      Removable
                                                                                                                                     downpipe |                           =                     baluatrade with
                                                                                                                                              \}                          =                     JARRAH hand rails
                                                                                                                                   oe
                                                                                                                                         _         eauiked with nnaiandt             (and dowstclames ais Toorting is
                                               CGlovertap sheet line  CGI Colourbond - “Gull Grey’ roofing
                                           HN                 TTT                          rT             in Exterioe race AC                      PROPOSED SIDE ELEVATION
                                                                                                        voeapyein
                           ‘Security light a                               s      |   —               saeltee tected                                                                                      MCU Application rer
                             cumpype              = .                             |   —               9mm Express joint
                                                  —:                                  =                prior to caulking       ‘
                                                   a                                   SS              between sheets
                                        |                                          t =                caulked with sealant                                                                                              Issue: B
                                    _              —                                                                                                                                                                     Date:
                             100mm Breeze way louvres                                Aluminum framed door 100mm stiles                                                                                                 22/12/21
                           Capral clear anodised alum” 12mm laminated glass          10mm laminated glass
                                   framingseries 419 tied to ouside ot ianres       Usckyood eckacrie S570                                                                                                         Scooter Style
                                                    PROPOSED ELEVATION                                                                                                                               16 Rene St, peer eners

                                                                                                                                               Page 55 of 83

Section 56

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      7 JUNE 2022


5    CLIMATE CHANGE RESPONSE GRANTS – 2022/23 ROUND ONE

Author            Carbon Reduction Officer, Anne Nolan
                  Environment and Sustainable Development Department

Index             ECM/ Environmental Grants

Attachments       1.   Climate Grant Recommendations

EXECUTIVE SUMMARY
The Climate Change Response Grants are included in Round 17 of the Community, Environment
and Climate Change Grants.
Climate Change Response Grants are included under the Environment Grant Policy to assist in
the implementation of the Climate Change Response Plan and achieve the outcomes of the
Sustainable Living and Climate Change Adaptation and Resilience Strategies under the
Environment Strategy 2019.

RECOMMENDATION
That Council note the report by the Carbon Reduction Project Officer to the Planning &
Environment Committee Meeting dated 7 June 2022 and approve the Climate Change Response
Grants as outlined in Attachment 1 to this report.

REPORT
The purpose of this report is to present recommendations for the latest round of the Climate
Change Response Grants.
1.   Guidelines
The Council Ordinary Meeting of 16 December 2021 requested a review of the grant guidelines,
eligibility and scoring criteria for the Climate Change Response Grants to prioritise projects that
can demonstrate meaningful progress towards its targets to reduce greenhouse gases and/or the
initiation of priority adaptation actions identified in the plan.
The guidelines were revised to include the following:
    Projects/programs – Projects or programs that address specific outcomes of the Noosa
     Climate Change Response Plan. The project or program must address one or more of the
     following themes of the Noosa Climate Change Response Plan:
     1.    Leadership and governance
     2.    Energy efficiency and governance
     3.    Clean low emissions industries
     4.    Sustainable transport
     5.    Health & resilient natural systems and carbon sequestration and food systems
     6.    Sustainable agriculture
     7.    Resilient and adaptive communities and built environments
     8.    Zero waste and circular economies
The Climate Change Response Grants seek to support initiatives that accelerate community-led
climate action at the local level. These grants are intended to mobilise the community, support
vulnerable people, provide initiatives to reduce carbon emissions and create a more sustainable
Noosa.

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                              7 JUNE 2022


        Sustainable infrastructure on community buildings & facilities Building work or infrastructure
         improvement projects on community buildings that include new or replacement infrastructure
         with the specific purpose of reducing greenhouse gas emissions or making the infrastructure
         more resilient to climate change. Examples of such projects include, but not limited to,
         replacing inefficient lighting with LEDs, installation of solar panels and/or batteries, installing
         electric vehicle charging stations for public use, installing water tanks, shade sails or
         insulation etc.
        Events - Community based festivals or events that bring residents together (beyond the
         applicant organisation’s membership base), including cultural, sports, environmental or
         community festivals. Such events should have a clear connection to greenhouse gas
         emission reduction and/or climate change adaptation.
The assessment criteria, as shown below was expanded to consider likelihood of success,
magnitude of the impact of the project and value for money.
2.       Assessment
Applications for the Climate Change Response Grants opened on 16 February 2022. The original
closing date of 30 March 2022 was extended by seven days to 6 April 2022. This extension was in
response to an unprecedented flooding event within the Shire and a number of community groups
and Council staff who assisted with response and recovery efforts.
Promotion for the grants included:
        An advertisement in Noosa Today
        E-newsletter to 300 not-for-profit community groups
        Specific email to all non-for-profit community groups on the database of the Community
         Development team
        Details published on Noosa Council’s website
All promotion was concurrent with the Community Grants Program and the Regional Arts
Development Fund.
Three (3) applications were received under the Climate Change Response grant category and one
(1) application was received for the Environment grant category but was deemed more appropriate
to be funded under the Climate Change Response grant category. Therefore, a total of four (4)
applications were considered for funding under the Climate Change Response grant category.
The applications were checked for eligibility against the relevant Noosa Council Grants Policy
(Community Grants Policy) and Guidelines. Applications were then reviewed and assessed by a
member of the Environment Services Team with experience assessing grants and environmental
subject-matter expertise. These recommendations were moderated by the Environment Services
Manager and the Project Officer, Climate Change. Three of the four applications were
recommended for full funding.
In accordance with the Ordinary Meeting Minutes, 16 December, Item 5, Page 14 the guidelines
for and the assessment for the Climate Change Response grant category were revised to prioritise
projects that demonstrate progress towards the greenhouse reduction targets and the initiation of
priority adaptation action. These guidelines were reviewed and accepted internally then included
in in the application process for the current round of grants.
The Climate Change Response grant applications were subjected to the agreed additional criteria
to consider the following:

    Criteria                                                                            Weighting

    Does the project contribute to priority outcomes in the Climate Response plan /     Yes/No
    Environment Strategy


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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                           7 JUNE 2022



 Criteria                                                                              Weighting

 Likelihood of success                                                                 30%
 Mitigation: the extent to which the chosen technology/ practice is proven to
 achieve long term emissions reduction
 Adaptation: the extent to which the chosen technology/ practice is proven make
 Noosa more resilient to climate change

 Magnitude of the impact of the project:                                               40%
 Mitigation: - tonnes of carbon emission reduced (e.g., tonnes of GHG avoided,
 removed or sequestered, kWhr reduced, kgs of organic matter diverted from landfill,
 litres of fuel saved etc.)
 Adaptation: e.g., tonnes the number of Noosa residents that will be
 impacted/engaged by the project

 Value for money: The outcomes of the project have a direct relationship with          30%
 achieving the targets specified in the CCRP:
 Mitigation. e.g., tonnes of CO2 saved per $ spend
 Adaptation: Noosa will be more resilient to the impacts of climate change as a
 result of the project

The list of applications and recommendations for funding is provided in Attachment 1 of this report.
A total of $32,227 is recommended to be allocated to funding the grant applications received under
the Climate Change Response category as detailed in Attachment 1. Underspent funds can be
allocated to the second round of grants, anticipated to be advertised later this calendar year.

Previous Council Consideration
Ordinary Meeting Minutes, 16 December 2021, Item 5, Page 14
That Council note the report by the Carbon Reduction Project Officer to the Planning &
Environment Committee Meeting dated 07 December 2021 and approve the Environment Project
Grants as outlined in Attachment 1 to the report and;
A.    Request the CEO review the grant guidelines and eligibility and scoring criteria relating to
      the community implementation of the Climate Change Response Plan to prioritise projects
      that can demonstrate meaningful progress towards its targets through the reduction of
      greenhouse gas emissions and/or the initiation of priority adaptation actions identified in the
      plan.

Finance
Funding for the Environment Grants was allocated as part of the 2022/23 budget process. A budget
of $50,000 was allocated to the Climate Change Response category.

Risks & Opportunities
All applications have been received and will be reported consistent with the relevant Noosa Council
grants policies to reduce the risk of misuse of funds. Any conflicts of interest arising during the
assessment or medication process were noted.

Consultation
External Consultation - Community & Stakeholder
All applicants were required to make contact with a Council officer prior to their application


                                                                                          Page 58 of 83

Section 59

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 JUNE 2022


Internal Consultation
Departments/Sections Consulted:
    Chief Executive Officer       Community Services                      Corporate Services
    Executive Support             Director                                Director
                                  Community Development                   Financial Services
                                  Community Facilities                    Fleet
                                  Libraries & Galleries                   ICT
                                  Local Laws                              Procurement
                                  Waste & Environmental Health            Property
                                                                          Revenue Services

    Executive Services        x   Environment & Sustainable Development   Infrastructure Services
    Director                  x   Director                                Director
    Community Engagement          Building & Plumbing Services            Asset Management
    Customer Service              Development Assessment                  Buildings and Facilities
    Governance                    Economic Development                    Civil Operations
    People and Culture        x   Environmental Services                  Disaster Management
                              x   Strategic Land Use Planning             Infrastructure Planning,
                                                                          Design and Delivery




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Section 60

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                          7 JUNE 2022


                                                                                                                       Attachment 1
Attachment 1 – Climate Change Grants

 Applicant                   Project Title    Total amount   Total Project   Recommended      Special Conditions/Comments
                                               requested         Cost           Funding
 Zero Emissions Noosa   Solar Dashboards             $4946     $4946                $0     This is an excellent idea for community
 Inc (ZEN Inc)                                                                             education. It will be picked up as part
                                                                                           of Councils solar capital works at the
                                                                                           Peregian Hub.
 Zero Emissions Noosa   Solar for Strata –        $10,000    $10,000           $10,000     This is a terrific opportunity to spread
 Inc (ZEN Inc)          Stage 2                                                            the learnings of Solar 4 Strata Stage 1
                                                                                           to a difficult sector
                                                                                           Special Conditions: S4S Stage 1 to
                                                                                           be completed and reported
 Noosa Environmental    Noosa Youth Climate        $7,250    $16,750            $7,250     This will build upon and grow the
 Education Hub          Summit                                                             successful Youth Climate Summit held
                                                                                           in 2021 and engage the youth sector in
                                                                                           climate change.
 Noosa Lions Football   29kW Solar System         $14,977    $29,955           $14,977     This is an excellent value for money
 Club                                                                                      project with significant emission
                                                                                           reduction potential.
                                                                                           Special Conditions:
                                                                                            a) The group is to engage a licensed
                                                                                               contractor to undertake a roof-sheet
                                                                                               assessment on the sections
                                                                                               proposed to be covered in solar
                                                                                               panels.
                                                                                            b) A plan showing the solar panel
                                                                                               design on the roof structure is to be
                                                                                               provided for assessment and
                                                                                               approval.
                                                                                            c) Where possible the panel can only
                                                                                               positioned flat on the existing roof
                                                                                               pitch without the need for framing to
                                                                                               increase pitch.
                                                                                            d) Where possible panels should be
                                                                                               arranged symmetrically between the

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Section 61

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                  7 JUNE 2022


Applicant            Project Title    Total amount   Total Project   Recommended      Special Conditions/Comments
                                       requested         Cost           Funding
                                                                                      lines of the roof hips and valleys.
                                                                                      Connecting cables and the inverter
                                                                                      panel should be located to minimise
                                                                                      visual impact.
                                                                                   e) A 2-meter set back from the gutter
                                                                                      is required for future roof access –
                                                                                      this allows Council contractors post
                                                                                      installation to undertake roof works
                                                                                      without harness and allows safer
                                                                                      works space.
                                                                                   f) A prestart meeting is to be arrange
                                                                                      between the solar installer and
                                                                                      Council’s Building & Facilities
                                                                                      Officer.
                                                                                   g) All works are undertaken by a fully
                                                                                      licensed/accredited and insured
                                                                                      trades person.
                                                                                   h) The solar installer is to supply
                                                                                      copies of solar specification,
                                                                                      manuals or as constructed diagrams
                                                                                      to Council to record against the
                                                                                      asset ID.
                                                                                   i) The group will be responsible for
                                                                                      any associated works resulting from
                                                                                      the Solar Installation i.e., distribution
                                                                                      board upgrade.
                                                                                   j) The group will be responsible
                                                                                      for ongoing maintenance, repairs
                                                                                      and renewal of the solar system




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Section 62

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         7 JUNE 2022



6     ENVIRONMENT GRANTS – ROUND 17

Author            Manager Environmental Services (Acting), Shaun Walsh
                  Environment and Sustainable Development Department

Index             ECM/Environmental Grants

Attachments       1.    Environment Project Grant Recommendations
                  2.    Environment Organisation Alliance Grant Recommendations

EXECUTIVE SUMMARY
The report outlines submissions received for Environment Grants – Round 17 specifically with
respect to single year Environment Project Grants and multi-year Environment Organisation
Alliance Grants. In total the 21 requests total $474,562 of an available funding pool of $118,200.
The report recommends the grant proposals for funding.
It is recommended that the Environment Organisation Alliance Grants are awarded for one year
only. This will allow reconsideration of all grants proposals for future years, when the entire funding
pool is available for Environment, Projects, Environment Organisation Alliances and Multi Year
Environmental Collaborative Grants for FY23/24 and onwards.

RECOMMENDATION
That Council note the report by the Environmental Services Manager (Acting) to the Planning &
Environment Committee Meeting dated 7 June 2022 and
A.    Approve the Environment Project Grants as outlined in Attachment 1 to this report;
B.    Approve the Environment Organisation Alliance Grants as outlined in Attachment 2 to this
      report, noting that the Environment Organisation Alliance Grants will be awarded for a one-
      year period to allow reconsideration for future years when the entire funding pool for
      Environment Grants is available in FY23/24.

REPORT
The Environment Project and Environment Organisation Alliance Grants were included in Round
17 of the Community, Environment and Climate Change Grants. The grants are included under
the Environment Grant Policy to assist in the implementation of the Environment Strategy 2019. A
Guidelines document, available on Council’s website, further assists applicants in preparation of
their applications.
There are 3 types of Environment Grants:
Environment Project Grants - for projects, programs or events that align with Council’s key
environment strategies and plans and have a positive impact on the Noosa environment. They will
typically be completed within 12 months of commencement. They are typically called each year
in February and August
Environment Organisation Alliance Grants - provide organisational support to community groups
that are primarily focused on environment activities. They were last called in February 2019 and
we are at turnover of funding cycle
Multi-year Environment Collaborative (MEC) Grants - support longer-term, larger-scale strategic
initiatives that align with the Environment Strategy and have a significant positive impact on the
Noosa Environment.
The purpose of this report is to present recommendations with respect to Environment Project
Grants and Environmental Organisation Alliance Grants only.

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Section 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                        7 JUNE 2022


Previous MCEC Grants
MCEC grants were last called in November 2019 and awarded February 2022. They are “out of
step” with Environment Organisation Alliance 3 year funding round, and will be called in February
2023 for ongoing funding. The following table outlines existing recipients of MCE Grants, which
have been committed funding for FY22/23.
 Application #   Organisation              Project                      Funding Amount Committed
                                                                        for 22/23
 MECR1002        Noosa District Landcare   Keep it in Kin Kin           $85,000 pa
 MECR1004        MRCCC                     Find a Frog in February      Nil – funding ended this FY

 MECR1005        Tourism Noosa             Plastic Free Noosa           $61,800 pa
 MECR 1007       Eastern Beaches           Coastal Connect 2 -          $75,000 pa
                 Bushcare Collaborative    Revegetation
                 with NICA
 MECR 1014       MRCCC with Landcare       Hinterland Rural Extension   $35,000 pa
                 and Country Noosa         Program
                                           TOTAL                        $256,800

The budgeted pool for Environment Grants is $375,000 annual, and residual funds available for
awarding Environmental Project Grants and Environment Organisation Alliance Grants available
for FY 22/23 is $118,200.
Considering the number and value of submissions received in Round 17, the “out of step” nature
of the committed funding makes wholistic assessment of the value of different grants from the
overall funding pool difficult, particularly moving forward if MCEC funding may be reduced
(following assessment of merit).
It is a recommendation of this report that Council rectifies the sequence of Environment funding
rounds to correct this situation, by granting the Environment Organisation Alliance funding for one
year only. This will allow groups to reapply for FY23/24 to avail themselves of the full funding pool
allocation (notionally $375,000).
Assessment
Applications for the Environment Grants opened on 16 February 2022. The original closing date
of 30 March 2022 was extended by seven days to 6 April 2022 due to an unprecedented flooding
event within the Shire. This extension was in respect to a number of community groups and Council
staff who assisted with response and recovery efforts.
Promotion for the grants included:
   An advertisement in Noosa Today
   E-newsletter to 300 not-for-profit community groups
   Specific email to all non-for-profit community groups on the database of the Community
    Development team
   Direct conversations with NRM Groups to ensure awareness
   Details published on Noosa Council’s website
All promotion was concurrent with the Community Grants Program and the Regional Arts
Development Fund.
Ten (10) applications were received under the Environment Project Grant category to a total value
of $129,414.
Eleven (11) applications were received under the Environment Organisation Alliance Grant
category to a total value of $345,148.
The 21 requests totalled an amount of $474,562 of an available funding pool of $118,200.
The applications were checked for eligibility against the relevant Noosa Council Grants Policy and

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Section 64

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                          7 JUNE 2022


Guidelines. Applications were then reviewed and assessed by senior staff in the Environment
Services Team with experience assessing grants and environmental subject-matter expertise.
These recommendations were moderated by the Director Environment and Sustainable
Development (Acting).
Many applications have scored highly against criteria, but due to the limitations of the available
funding pool only partial financial support has been provided. Some priority has been placed on
frontline environment services, particularly in wildlife rescue and care, as there are limited other
sources for funding.
The list of applications and recommendations for funding is provided in Attachment 1 of this report
to a total amount of $118,176.
It is also noted that with exhaustion of funding availability for FY 22/23 there is no opportunity to
call for Environment Project Grants in the second half of the FY 22/23.
Previous Council Consideration
Ordinary Meeting Minutes, 20 February 2020, Item 8, Page 4
MULTI-YEAR ENVIRONMENT COLLABORATIVE GRANTS
That Council note the report by the Environmental Services Manager to the Planning &
Environment Committee Meeting dated 11 February 2020 and:
A.    Award the 3 year Multi-year environment grants to the initiatives recommended for funding
      as identified in table 1 of the report; and
B.    Authorise the CEO to enter into three-year Funding Deeds with successful organisations, as
      per the recommended funding amount.
Finance
Funding for the Environment Grants has been allocated as part of the 2022/23 budget process.
The grants program is funded by the Environment Levy.
Risks & Opportunities
All applications have been received and will be reported consistent with the relevant Noosa Council
grants policies to reduce the risk of misuse of funds. Any conflicts of interest arising during the
assessment or medication process were noted.
Consultation
External Consultation - Community & Stakeholder
All applicants are requested to make contact with a Council officer prior to their application.
Internal Consultation
An internal workshop was undertaken with Councillors to outline the grant proposals in detail.
Departments/Sections Consulted:
     Chief Executive Officer       Community Services                        Corporate Services
     Executive Support             Director                                  Director
                                   Community Development                     Financial Services
                                   Community Facilities                      Fleet
                                   Libraries & Galleries                     ICT
                                   Local Laws                                Procurement
                                   Waste & Environmental Health              Property
                                                                             Revenue Services

     Executive Services        x   Environment & Sustainable Development     Infrastructure Services
     Director                  x   Director                                  Director
     Community Engagement          Building & Plumbing Services              Asset Management
     Customer Service              Development Assessment                    Buildings and Facilities
     Governance                    Economic Development                      Civil Operations
     People and Culture        x   Environmental Services                    Disaster Management
                                   Strategic Land Use Planning               Infrastructure Planning,
                                                                             Design and Delivery


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Section 65

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                          7 JUNE 2022


                                                                                                                                            Attachment 1
Attachment 1: Environment Project Grant Recommendations

 Application No.    Project Title           Total            Total           Scoring     Recommended        Special Conditions/Comments
  and Applicant                             Amount           Project         against     Funding
                                            Requested        Cost            Criteria
 PROJ1706 –         Indian Myna Removal     $5,976           $13,476         110/120     $5976              Only service provided in Noosa that
 Wildlife Noosa                                                                                             addresses this emerging environment
                                                                                                            threat.
 In regard to PROJ 1710 below, Environmental Services Manager (Acting) Shaun Walsh has a material conflict of interest due to being a resident and
 has removed himself from assessment processes.
 PROJ 1710 _        Street biodiversity     $1,035           $2,535          10/120      $0                 Doesn’t meet the intent of Environment
 Tallowwood         revegetation                                                                            Grants criteria. Low environmental
 Residents, Black   landscaping                                                                             outcomes compared to other applications.
 Mountain                                                                                                   Suggest applicants continue discussions
                                                                                                            Parks and Gardens.
 PROJ 1728 –        Noosa Biosphere         $13,425          $16,860.30      55/120      $0                 May partially duplicate Noosa Biosphere
 Noosa and          Trail Audit                                                                             Trail audit program planned by Council
 District                                                                                                   budget program for 22/23.
 Landcare
 PROJ 1729 –        Environmental           $6,407           $10,807         100/120     $3,000             Discussions to occur with proponent in
 Noosa              boardgame and                                                                           regard to organisational governance and
 Environment        indigenous walk on                                                                      proposal for “in house” consulting fee.
 Education Hub      country                                                                                 Budget has been reduced to remove
                                                                                                            internal consulting fee
 PROJ 1738 –        Woody Weed              $29,695.80       $40,157.80      115/120     $10,000            Recommended for partial funding only
 Noosa District     Riparian Removal                                                                        despite high score in light of competing
 Landcare                                                                                                   priorities in this grant round
 PROJ 1741 –        Find a Frog February    $18,000          $45,581         120/120     $10,000            Recommended for partial funding only
 Mary River         and Waterwatch                                                                          despite high score in light of competing
 Catchment Co-      training                                                                                priorities in this grant round


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Section 66

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               7 JUNE 2022


 Application No.   Project Title            Total       Total      Scoring    Recommended     Special Conditions/Comments
  and Applicant                             Amount      Project    against    Funding
                                            Requested   Cost       Criteria
 ordinating
 Committee

 PROJ 1742 –       Noosa River              $3580       $5472.00   120/120    $3,000          Discussion to occur determine how
 Noosa             Integrated Mapping                                                         information this will work in parallel with
 Integrated                                                                                   Council mapping systems and data sharing
 Catchment                                                                                    arrangements.
 Association
                                                                                              Recommended for partial funding only
                                                                                              despite high score in light of competing
                                                                                              priorities in this grant round
 PROJ 1747 –       Research portal for      $5,000      $5,000     100/120    $0              Not recommended for funding in light of
 Noosa             public accessibility                                                       competing priorities in this grant round.
 Biosphere
 Reserve
 Foundation
 PROJ 1749 -       Sustainability Forums    $24,550     $24,550    115/120    $0              Not recommended for funding in light of
 Noosa             for NRM groups –                                                           competing priorities in this grant round.
 Biosphere         Environment Strategy
 Reserve           Implementation
 Foundation
 PROJ 1750 -       Project management       $17,500     $17,500    70/120     $0              Premature application and consider grant
 Noosa             for agribusiness and                                                       application should await future outcomes
 Biosphere         agritourism activities                                                     from Agri Hub consultation and market
 Reserve                                                                                      research currently underway by Biosphere
 Foundation                                                                                   Noosa to better document reasoning and
                                                                                              proposed outcomes.
                                   TOTAL    $129,414                          $31,976




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Section 67

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                  7 JUNE 2022


                                                                                                                                 Attachment 2
Attachment 2: Environment Organisation Alliance Grant Recommendations

 Application No. and        $ range sought    Scoring        Previous            Recommended     Special Conditions/Comments
 Applicant                  in proposal       against        Funding             Funding
                                              Criteria
 E-ALL2301 –                $105,279          100/100        $10,000 (but note   $11,000         Recommended for partial funding only in
 Noosa and District                                          MCEC)                               light of competing priorities in this grant
 Landcare                                                                                        round
 E-ALL2302 -                $56,000 plus      100/100        $15,000             $10,000         Recommended for partial funding only in
 Noosa Environment          $29,000 for                                                          light of competing priorities in this grant
 Education Hub              project officer                                                      round
 E-ALL2303 –                $9,800            100/100        $5,000              $9,800          Valuable front line service, with limited
 Wildlife Noosa                                                                                  mechanisms for alternative funding
                                                                                                 streams recommended for full funding
 E-ALL2304 and E-ALL2307    $15,000 and       100/100        $16,000             $11,000         The applications cover their operating
 – Noosa Integrated         $7,500                                                               costs and Waterwatch and Riverwatch
 Catchment Association                                                                           program.

                                                                                                 Recommended for partial funding only in
                                                                                                 light of competing priorities in this grant
                                                                                                 round
 E-ALL2305 - Hinterland     $23,764           100/100        $23,764 (funded     $10,000         Recommended for partial funding only in
 Bushlinks                                                   as a project)                       light of competing priorities in this grant
                                                                                                 round
 E-ALL2308 Urban Wildlife   $7500             95/100         $5,000 (funded as $5,000            Recommended for partial funding only in
 Gardens (through NICA)                                      a project in 2020)                  light of competing priorities in this grant
                                                                                                 round
 E-ALL2309 –                $6494             100/100        $1,000              $6,400          Valuable front line service, with limited
 Wildcare                                                                                        mechanisms for alternative funding
                                                                                                 streams recommended for full funding


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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                          7 JUNE 2022


 Application No. and      $ range sought   Scoring    Previous           Recommended     Special Conditions/Comments
 Applicant                in proposal      against    Funding            Funding
                                           Criteria
 E-ALL2310 –              $3,300           90/100     $3,200             $2,000          Recommended for partial funding only in
 Country Noosa                                                                           light of competing priorities in this grant
                                                                                         round
 E-ALL2311 –              $61,000          100/100    $18,270            $10,000         Proposal for project officer likely to be
 Zero Emissions Noosa                                                                    duplication in efforts with recently
                                                                                         appointed Council Climate Change
                                                                                         Education Officer. Proposed tasks can be
                                                                                         embraced by Council

                                                                                         Recommended for partial funding only in
                                                                                         light of competing priorities in this grant
                                                                                         round
 E-ALL2313 Mary River     $50,000          100/100    Alliance funding   $11,000         Recommended for partial funding only in
 Catchment Coordinating                               rejected last                      light of competing priorities in this grant
 Committee (MRCCC                                     round but note                     round
                                                      MCEC grant
 TOTAL:                   $345,148                                       $86,200




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Section 69

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 JUNE 2022


6.    REPORTS FOR NOTING BY THE COMMITTEE


7     PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – APRIL 2022

Author            Development Assessment Manager, Kerri Coyle
                  Environment and Sustainable Development Department

Index             ECM/Subject/ All Applications

Attachments       1.   List of Applications Decided by Delegated Authority for April 2022


EXECUTIVE SUMMARY
This report includes a summary of development applications decided under delegation by officers
for April 2022. For the month of April 2022 there were 34 applications decided including a range of
Material Change of Use, Reconfiguring a Lot, Operational Works, Building Works and applications
for which Council is a referral agency.

RECOMMENDATION
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 7 June 2022 regarding planning applications that have
been decided by delegated authority for April 2022.


REPORT
The Local Government Act 2009 allows, by resolution, a local government to delegate its powers
to the Mayor, CEO, a standing committee or a joint standing committee and the CEO to delegate
those powers to another employee of Council.
Under the current delegations for the Planning Act 2016 the ability to manage, assess and decide
a range of development applications are delegated to officers with the exception of the following
which are reported to Council for a decision:
a)    an application for a variation request mentioned in section 61 of the Planning Act 2016 to
      vary the effect of the planning scheme;
b)    the approval of an application where there is substantial non-compliance with a stated policy
      of the Council or a high order provision of the Planning Scheme being a desired
      environmental outcome, or an overall outcome of a code;
c)    the refusal of any application where Council is the assessment manager;
d)    requests for change representations, and change applications to change or delete conditions
      that were imposed by Council at an Ordinary Meeting or a Special Meeting;
e)    and an application for a proposed development of significant community interest.
It should be noted though that due to the strict time frames of the Planning Act 2016, officers under
the current delegations have the ability to decide an application where the application has the
potential for 'deemed approval'.
In accordance with the current delegations, a wide range of development applications are decided
by Council officers each month, with a limited number of applications reported to Council for a
decision.
Attachment 1 lists applications that are decided by delegated authority during the month of April
2022 (excluding applications seeking to remove a tree(s) adjacent to a building or structure).


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Section 70

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                          7 JUNE 2022


Previous Council Consideration
Council receives monthly reports on planning applications that have been decided by delegated
authority.
Finance
Nil.
Risks & Opportunities
Nil.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Nil.
Departments/Sections Consulted:

       Chief Executive Officer       Community Services                      Corporate Services
       Executive Support             Director                                Director
                                     Community Development                   Financial Services
                                     Community Facilities                    Fleet
                                     Libraries & Galleries                   ICT
                                     Local Laws                              Procurement
                                     Waste & Environmental Health            Property
                                                                             Revenue Services

       Executive Services        X   Environment & Sustainable Development   Infrastructure Services
       Director                  x   Director                                Director
       Community Engagement          Building & Plumbing Services            Asset Management
       Customer Service          X   Development Assessment                  Buildings and Facilities
       Governance                    Economic Development                    Civil Operations
       People and Culture            Environmental Services                  Disaster Management
                                     Strategic Land Use Planning             Infrastructure Planning,
                                                                             Design and Delivery




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Section 71

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   7 JUNE 2022


                                                  Attachment 1




                                                  Page 71 of 83

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                           7 JUNE 2022

                                                                                                          Attachment 1

                                          Decision Issued Under Delegated Authority
      1    Application ID:       132007.776.07
           Application Type:     Material Change of Use - Minor Change to Approval
          Applicant:             Karen Sandra Jones
           Registered Plan:      Lot 3 RP 810712
           Location:             176 Dath Henderson Road, Lak Macdonald
           Proposal:             07/0776 - Extension to Currency Period (Ancillary Dwelling Unit - Caretaker's
                                 residence) - Karen Jones
           Decision:             Approved
           Decision Made Date:   28/04/2022

      2 ~~ Application ID:       51901.4667.01
           Application Type:     Material Change of Use - Minor Change to Approval
          Applicant:             Peter Julian Gilligan, Body Corporate - The Oaks Court
           Registered Plan:      Lot 4 BUP 2839, BUP 2839
           Location:             The Oaks Court 4/18 William Street, Noosaville
                                 NOOSAVILLE QLD 4566
           Proposal:             TPC 186 - Change to DA - Add deck to unit 4 (Multiple Dwelling 4 units) - Peter Gilligan &
                                 The Oakes Court CTS 12307 - Brennan Planning
          Decision:              Approved
           Decision Made Date:   13/04/2022

      3 = Application ID:        51980.2682.01
           Application Type:     Material Change of Use - Minor Change to Approval
          Applicant:              BDH Group Investments P/L TTE
           Registered Plan:      BUP 3943
           Location:             Noosa Mode 41 Sunshine Beach Road, Noosa Heads
           Proposal:             TPL 21 — Change to DA - Cosmetic Changes & Internal Layout (shops & offices) - BDH
                                 Group Investments Pty Ltd - Pivotal Perspective Pty Ltd
          Decision:              Approved
           Decision Made Date:   05/04/2022

     Document Set ID: 21933682                                                                            Page 1 of 12
     Version: 1, Version Date: 19/05/2022

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                                                  Page 72 of 83

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                          7 JUNE 2022

      4    Application ID:       51989.108.20
           Application Type:     Material Change of Use - Minor Change to Approval
          Applicant:              Carma Building Group
           Registered Plan:      Lot 1 SP 141238
           Location:             25 Nannygai Street, Noosaville
           Proposal:             DNA 153 - Change to Development Approval (Demolish & Rebuild 2 x units - 39 & 50
                                 (retirement village) - Carma Building Group Pty Ltd
          Decision:              Approved
           Decision Made Date:   27/04/2022

      5    Application ID:       DBW/20/0011.01
           Application Type:     Building Works - Minor Change to Approval
          Applicant:              Campbell Construction Co Pty Ltd
           Registered Plan:      Lot 90 M 11112
           Location:             10 Tristania Drive, Marcus Beach
           Proposal:             Change to DA - Minor Change to Setback & Roof top (Additions to Detached House
                                 (Coastal Protection) - Campbell Construction Co - Fluid Approvals
           Decision:             Approved
           Decision Made Date:   12/04/2022

      6 ~~ Application ID:       DBW21/0175
           Application Type:     Building Works - Code
          Applicant:              GJ Gardner Homes Noosa
           Registered Plan:      Lot 910 P 93121
           Location:             70 Lorikeet Drive, Peregian Beach
           Proposal:             Dwelling House - Setback, Garage Doors & Parapet (Coastal Protection) - GJ Gardner
                                 Homes Noosa - Fluid Building Approvals
          Decision:              Approved
           Decision Made Date:   19/04/2022

     Document Set ID: 21933682                                                                            Page 2 of 12
     Version: 1, Version Date: 19/05/2022

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                                                  Page 73 of 83

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                          7 JUNE 2022

      7    Application ID:       DBW21/0186
           Application Type:     Building Works - Code
          Applicant:              EarthCert Pty Ltd
           Registered Plan:      Lot 35 RP 43995
           Location:             7 Railway Parade, Pomona
           Proposal:             Carport & Deck within Heritage Character Area (& Setbacks) - Earthcert Pty Ltd
          Decision:              Approved
           Decision Made Date:   22/04/2022

      8 = Application ID:        DBW/21/0206
           Application Type:     Building Works - Code
          Applicant:             Rodney Dean Jericho, Vicki Marion Jericho
           Registered Plan:      Lot 28 RP 901389
           Location:             2 Smiths Road, Tinbeerwah
           Proposal:             Shed with GFA exceeding 500 sqm & Setback (Biodiversity & Landslide) - R & V Jerico -
                                 Sunshine Coast Building Approvals
           Decision:             Refused
           Decision Made Date:   12/04/2022

      9    Application ID:       DBW/22/0006
           Application Type:     Building Works - Code
          Applicant:              Metricon Homes (Qld) Pty Ltd
           Registered Plan:      Lot 630 RP 221142
           Location:             18 Southern Cross Parade, Sunrise Beach
           Proposal:             Dwelling House & Fill within Landslide Overlay - Metricon Homes Pty Ltd - Suncoast
                                 Building Approvals
           Decision:             Approved
           Decision Made Date:   07/04/2022

     Document Set ID: 21933682                                                                            Page 3 of 12
     Version: 1, Version Date: 19/05/2022

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                                                  Page 74 of 83

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                         7 JUNE 2022

      10   Application ID:       DBWV22/0010
           Application Type:     Building Works - Code
          Applicant:              Building Approvals United QLD
           Registered Plan:      Lot 47 SP 109955
           Location:             26 Craigslea Court, Cooroibah
           Proposal:             Secondary Dwelling (over 65sqm), Structures of 500sqm & Setbacks - Building Approvals
                                 United Qld
           Decision:             Approved
           Decision Made Date:   05/04/2022

      11.  Application ID:       DBW/22/0017
           Application Type:     Building Works - Code
          Applicant:             Catherine A Legh
           Registered Plan:      Lot 775 RP 48111
           Location:             17 Arakoon Crescent, Sunshine Beach
           Proposal:             Additions to Dwelling House in Landslide (& Setbacks) - Catherine Legh - Adapt
                                 Development Management Pty Ltd
           Decision:             Approved
           Decision Made Date:   20/04/2022

      12   Application ID:       DBW22/0018
           Application Type:     Building Works - Code
          Applicant:             Project BA
           Registered Plan:      Lot 6 SP 156930
           Location:             14A Jirrima Crescent, Cooroibah
           Proposal:             Shed & Carport (Setback & Structures exceeding 500 m) - Project BA
          Decision:              Approved
           Decision Made Date:   28/04/2022

     Document Set ID: 21933682                                                                            Page 4 of 12
     Version: 1, Version Date: 19/05/2022

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                         7 JUNE 2022

      13   Application ID:       DBW22/0021
           Application Type:     Building Works - Code
          Applicant:             Stroud Homes Sunshine Coast
           Registered Plan:      Lot 3 RP 810712

           Location:             176 Dath Henderson Road, Lake Macdonald
           Proposal:             ee Dwelling (over 65sqm) within 200m of Agricultural Land - Stroud Homes - Project
          Decision:              Approved
           Decision Made Date:   27/04/2022

      14   Application ID:       DBW22/0022
           Application Type:     Building Works - Code
           Applicant:            Ashlea Lana Forrest
           Registered Plan:      Lot 2 SP 275872
           Location:             19 Alexandra Street, Cooran
           Proposal:             Shed & Carport in Riparian Buffer Zone - Ashlea Forrest - Dynamic Building Approvals
           Decision:             Approved
           Decision Made Date:   29/04/2022

      15   Application ID:       DBW/22/0037
           Application Type:     Building Works - Code
          Applicant:             Paul Desmond Donovan
           Registered Plan:      Lot 10 SP 298783
           Location:             1B Starboard Avenue, Noosaville
           Proposal:             Dwelling House (Garage Width & Setbacks) - Paul Donovan
          Decision:              Approved
           Decision Made Date:   29/04/2022

     Document Set ID: 21933682                                                                           Page 5 of 12
     Version: 1, Version Date: 19/05/2022

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                                                  Page 76 of 83

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                       7 JUNE 2022

      16   Application ID:       DBW/22/0040
           Application Type:     Building Works - Code
          Applicant:             GJ Gardner Homes Noosa
           Registered Plan:      Lot 215 RP 842157

           Location:            19 Aquamarine Circuit, Noosaville
           Proposal:            Dwelling House (Garage Width & Parapet) - GJ Gardner Homes Noosa - Fluid Building
                                Approvals
          Decision:             Approved
           Decision Made Date:  28/04/2022

      17  Application ID:       EXE22/0008
           Application Type:    Exemption Certificate - Planning Act Request
          Applicant:             Project BA
           Registered Plan:     Lot 1 RP 170386
           Location:            195 Top Forestry Road, Ridgewood
           Proposal:            Shed to be exempt from Code Assessment for Landslide - Project BA
          Decision:             Approved
           Decision Made Date:  05/04/2022
      18 ApplicationID. | MCU20000201                 @ #=
          Application Type:      Material Change of Use - Other Change to Approval Code
          Applicant:             Stay Property Group
           Registered Plan:     BUP 102401
           Location:            Seven Flags 195 Weyba Road, Noosaville
           Proposal:            Other Change to include Food & Drink Outlet (Commercial Business Type 1 Office) -
                                Stay Property Group - RG Strategic
          Decision:             Approved
           Decision Made Date:  20/04/2022

     Document Set ID: 21933682                                                                          Page 6 of 12
     Version: 1, Version Date: 19/05/2022

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                                                  Page 77 of 83

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                          7 JUNE 2022

      19   Application ID:       MCU21/0156
           Application Type:     Material Change of Use - Code
          Applicant:              Davrus P/LTTE
           Registered Plan:      Lot 80 RP 71151, Lot 81 RP 71151, Lot 1 RP 130594
           Location:             89, 91 & 93 Eumundi Noosa Road, Noosaville
           Proposal:             Multiple Dwelling (22 units) - Davrus Pty Ltd - Pivotal Perspective Pty Ltd
          Decision:               Approved
           Decision Made Date:   04/04/2022

      20   Application ID:       MCU21/0206 & OPW21/0341
           Application Type:     Material Change of Use - Code
          Applicant:              Ejmont Nominees Pty Ltd
           Registered Plan:      Lot 6 SP 197517
          Location:               1 Taylor Court, Cooroy
           Proposal:             Low Impact Industry & Caretakers Accommodation & Operational Works (proposed
                                 Lots 2 & 3 (Lots1A & 1B) Roadworks, Drainage Work, Landscaping, Stormwater,
                                 Earthworks, Parking & Access) - Ejmont Nominees Pty Ltd - Building Suncoast
                                 Green
          Decision:              Approved
           Decision Made Date:   26/04/2022

      21.  Application ID:       MCU21/0214 & OPW21/0356
           Application Type:     Material Change of Use - Code
          Applicant:              Novato Group P/L TTE
           Registered Plan:      Lot 138 RP 88934
           Location:             27 Bottlebrush Avenue, Noosa Heads
           Proposal:             Multiple Dwelling (5 units) & Operational Works - Drainage Work, Landscaping,
                                 Stormwater, Earthworks & Clearing Vegetation - Novato Group Pty Ltd - Pivotal
                                 Perspective Pty Ltd
           Decision:             Approved
           Decision Made Date:   20/04/2022

     Document Set ID: 21933682                                                                             Page 7 of 12
     Version: 1, Version Date: 19/05/2022

                                                                                                        Page 77 of 83

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                                                  Page 78 of 83

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                        7 JUNE 2022

      22   Application ID:       MCU21/0215
           Application Type:     Material Change of Use - Code
          Applicant:             9 Dot
           Registered Plan:      Lot 48 RP 173566
           Location:             9 Bartlett Road, Noosaville
           Proposal:             Warehouse & Caretakers Accommodation - 9 Dot - Martoo Consulting
           Decision:              Approved in Part
           Decision Made Date:   27/04/2022
      23 ApplicationID.    = MCU220006~2«2~C”C—C—OC”CC—COCCOCOCOCOCOCOCOSOSSSS
           Application Type:     Material Change of Use - Code
          Applicant:             Cynthia Maree Alexander
           Registered Plan:      Lot 179 RP 899995
           Location:             307 Louis Bazzo Drive, Pomona
           Proposal:             Short Term Accommodation - Cynthia Alexander - RG Strategic
          Decision:              Approved
           Decision Made Date:   28/04/2022

      24   Application ID:       MCU22/0025
           Application Type:     Material Change of Use - Code
          Applicant:             Debra Lee Townsend, Philip George Townsend
           Registered Plan:      Lot 4 SP 226704
           Location:             218 Cooroy Belli Creek Road, Cooroy
           Proposal:             Dwelling House within 200m of Agricultural Land - Debra & Phillip Townsend - Brennan
                                 Planning Pty Ltd
           Decision:             Approved
           Decision Made Date:   28/04/2022

     Document Set ID: 21933682                                                                           Page 8 of 12
     Version: 1, Version Date: 19/05/2022

                                                                                                      Page 78 of 83

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                                                  Page 79 of 83

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                          7 JUNE 2022

      25   Application ID:       OPW/21/0134.01
           Application Type:     Operational Works - Minor Change to Approval
          Applicant:              WAG Investments
           Registered Plan:      Lot 1 RP 36729, Lot 1 RP 36729
           Location:             135 Lake Weyba Drive, Noosaville
           Proposal:             Road work, Drainage work, Electrical Reticulation, Landscaping, Stormwater,
                                 Earthworks, Clearing Veg - WAG Investments c/- Tod Consulting
          Decision:              Approved
           Decision Made Date.   11/04/2022

      26   Application ID:       OPWv21/0190
           Application Type:     Operational Works - Code
          Applicant:              M Design
           Registered Plan:      Lot 2 SP 223675
           Location:             290 David Low Way, Peregian Beach
           Proposal:             Vehicle Crossover - Michael Broeren
          Decision:              Approved
           Decision Made Date:   20/04/2022

      27   ~=Application ID:     OPW21/0355
           Application Type:     Operational Works - Code
          Applicant:             Tamara Lea Hussin, Geoffrey Paul Hussin, Brennan Planning Pty Ltd
           Registered Plan:      Lot 17 SP 133492
           Location:             36 Tunba Court, Cooroy Mountain
           Proposal:             Earthworks - Geoff Hussin C/- Brennan Planning Pty Ltd
           Decision:             Approved
           Decision Made Date:   19/04/2022

     Document Set ID: 21933682                                                                            Page 9 of 12
     Version: 1, Version Date: 19/05/2022

                                                                                                        Page 79 of 83

Section 80

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   7 JUNE 2022




                                                  Page 80 of 83

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                       7 JUNE 2022

      28  Application ID:       OPW/22/0037
          Application Type:     Operational Works - Code
          Applicant:            Karen Sandra Jones
           Registered Plan:     Lot 3 RP 810712

           Location:            176 Dath Henderson Road, Lake Macdonald
           Proposal:            Vehicle Crossover - Karen Jones
           Decision:            Approved
           Decision Made Date:  01/04/2022

      29  Application ID:       OPW22/0063
          Application Type:     Operational Works - Code
          Applicant:            Paul Andrew Hardisty
           Registered Plan:     Lot 564 RP 48112
           Location:            34 Ross Crescent, Sunshine Beach
           Proposal:            Vehicle Crossover - Paul Hardisty C/- Coastal Building Approvals
          Decision:             Approved
           Decision Made Date:  20/04/2022

      30  Application ID:       OPW22/0082
          Application Type:     Operational Works - Code
          Applicant:            Karen A Halsall, John © Halsall
           Registered Plan:     Lot 33 C 56014
           Location:            6 Cedar Street, Cooroy
           Proposal:            Drainage works, Stormwater, Landscaping, Electrical Reticulation - Access - John &
                                Karen Halsall C/- Brennan Planning Pty Ltd
          Decision:             Approved
           Decision Made Date:  26/04/2022

     Document Set ID: 21933682                                                                        Page 10 of 12
     Version: 1, Version Date: 19/05/2022

                                                                                                     Page 80 of 83

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                                                  Page 81 of 83

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                          7 JUNE 2022

      31   Application ID:       OPW/22/0094
           Application Type:     Operational Works - Code
          Applicant:              Bax Engineering Pty Ltd
           Registered Plan:      Lot 3 RP 211638

           Location:             23 Little Creek Road, Cooroibah
           Proposal:             Stormwater & Vehicle Crossover - Bax Engineering
           Decision:             Approved
           Decision Made Date:   12/04/2022

      32   Application ID:       OPW22/0095
           Application Type:     Operational Works - Code
          Applicant:             Colin Stewart
           Registered Plan:      Lot 400 P 93116
           Location:             10 Plover Street, Peregian Beach
           Proposal:             Vehicle Crossover - Colin Stewart C/- Westera Partners Pty Ltd
           Decision:             Approved
           Decision Made Date:   20/04/2022

      33   Application ID:       RAL21/0009.01
           Application Type:     Reconfiguring a Lot - Minor Change to Approval
          Applicant:             Kathryn Ann Maree Gould, Marina Gould, Robert David Gould
           Registered Plan:      Lot 4 RP 72903, Lot 4 RP 77225, Lot 2 RP 72903
           Location:             4-6 Hay Street & 51 Ward Street, Tewantin
           Proposal:             Change to DA - Staging (Boundary Realignment (3 lots into 3) & Access Easement - Kathy
                                 Gould, Bob & Marina Gould - Danya Cook Town Planning
           Decision:             Approved
           Decision Made Date:   11/04/2022

     Document Set ID: 21933682                                                                           Page 11 of 12
     Version: 1, Version Date: 19/05/2022

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                                                  Page 82 of 83

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                         7 JUNE 2022

      34   Application ID:       RAP22/0002
           Application Type:     Referral Agency Planning - Referral Agency Response - Planning
          Applicant:              Pacific BCQ
           Registered Plan:      Lot 108 RP 839226

           Location:             25 Seamount Quay, Noosaville
           Proposal:             Dwelling House (Site Cover & Setbacks) - Pacific BCQ - Brennan Planning Pty Ltd
          Decision:              Approved
           Decision Made Date:   01/04/2022

     Document Set ID: 21933682                                                                          Page 12 of 12
     Version: 1, Version Date: 19/05/2022

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Section 83

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   7 JUNE 2022


7.     CLOSED SESSION

Nil.




                                                  Page 83 of 83

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