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Change Representations - CYC 2025

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                                                                                 Pivotal Perspective Pty Ltd
                                                                Local and International Development Planning
                                                                                     4/59 Mary St, Noosaville
                                                                                          QLD, Australia 4565
                                                                             [email protected]
                                                                                           +61 0406 334 227




14 February 2025


Noosa Council
[email protected]

RE:    Change Representations – 131998.981211.5 – 59 Kabi Rd, Cootharaba

The approval was received by the applicant on the 3 January 2025. A notice to suspend
the appeal period for 20bd was made on the 7 January. A confirmation email was received
from Council confirming the change representations are due by 3 March 2025.

We seek to work with Council for a timely and reasonable amendment to the conditions
within the applicable timeframes. In accordance with the Planning Act 2016, Please find
attached the following change representations.

Condition 44 - Accreditation

44. The owner/operators of the proposed development are required to be members
      of the Biological Farmers of Australia. Accordingly there is not be any use of
      non-organic chemicals on the site.

Since the original approval there have been changes to the associations covering organic
farms. We seek for the condition to be amended to be in accordance with best practice or
deleted.

Condition 57 - Currency


57.    The Group Farm Stay Accommodation and Associated Activities use lapses
       if the use has not happened by 19 December 2026 unless an application to
       extend the currency period is approved by Council.

The currency should be 6 years from decision taking effect. This is in accordance with the
planning act for MCU approvals, as well as allowing time to construct buildings and
infrastructure.

Condition 58 – Approved plans


58.    Plan amendments - Plan to be amended to incorporate the recommended fire
       access trail within Lot 394 M371117 (see Plate 23 of the Bushfire Hazard
       Assessment and Management Plan) and extending along the southern
       boundary until it meets the eastern boundary of the subject site, before
       gaining access to Road 176. The fire access is to be detailed a being used
       for emergency access only.

The updated plan attached to this request includes the link to Cootharaba Downs Rd. This
condition can be deleted or amended to insist on the use as an emergency access only.
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Condition 66 – Buses onsite

66.    Buses capable of evacuating all patrons during an emergency event are to
       remain on site whilst the Group Farm Stay Accommodation is in operation.

This condition is to be deleted. All infrastructure is located outside of the bushfire hazard
and buffer areas. There is no requirement in the bushfire management plan to keep buses
onsite and is an unreasonable imposition. Furthermore, there is a recommendation for a
shelter in place requirement in the bushfire hazard plan as described in the bushfire
addendum (See attached commentary from North Coast Environmental).

Condition 68 – Design Features


68.    External design features, materials and finishes must be as shown on the
       Approved Plans, with no inclusions or alterations made without approval in
       writing by Council.

We seek for the condition to be amended to Include the words ‘generally’ in accordance
to allow for some scope with construction and small changes with materials (depending
on availability).

Condition 76 – Building Height


76.     The maximum height of the development must not exceed 7 metres above
       the ground level.

The condition shall be amended to 8m as per allowance for buildings in the Noosa area.

Condition 86 – Vegetation Removal


86.    Vegetation must only be removed or disturbed in accordance with a Fauna
       Management Plan (or part thereof) prepared by a qualified person* and
       endorsed through an Operational Works approval.

The condition requires amendment / clarification to ensure the condition is only applicable
to native vegetation removal only.

Condition 88 – Bushfire evacuation plan


88.   The development must be carried out in accordance with Bushfire Evacuation
       Plan v4 prepared by North Coast Environmental Services and dated
       06/09/2024, which must be amended as follows
       a.     Revised plans that that incorporate the latest architectural plans that
              shows the internal evacuation route that connects directly between
              the shelter in place building and the clamping infrastructure.
       b.     Section 8 Evacuation Triggers, to be updated to include:
              i.      Daily review of FDR forecasts for the Southeast Coast which
                     are available from the Bureau of Meteorology
              ii.   Evacuation of all guests and non-essential staff prior to the
                     commencement of any day with a forecast FDR rating of
                     Extreme or Catastrophic.


Please find attached addendum reporting from North Coast Environmental commenting
on the revisions required. The words Extreme should be removed from the condition 88bii.

Page 3

Condition 96 & 97 – External Works – Kabi-Cootharaba Intersection

96.    The existing intersection joining Cootharaba Road with Kabi Road must be
       upgraded to include a sealed Basic Right Turn Treatment. The works must
       be undertaken in accordance with an Operational Works approval, be
       generally in accordance with section 7.2 of Austroads’ A Guide to Road
       Design Part 4A, sections 5, 6 and 8 of BMC Traffic’s Traffic Engineering
       Assessment Report (Doc ID: 22354477) dated 22 March 2023, The Noosa Plan
       2020 – PSP6 Engineering Design Standards, and include, but not be limited
       to:
              a.     a design prepared by a suitably qualified person (RPEQ);
              b.     so that no part of the rigid vehicles exits the traffic lane(s); and
              c.     widening of Kabi Road in accordance with Condition 97

97.    Kabi Road must be upgraded for the full length of the road (i.e., between 59
       Kabi Road and Cootharaba Road). The works must be undertaken in
       accordance with an Operational Works approval, be generally in accordance
       with Austroads’ A Guide to Road Design Part 3, sections 5, 6 and 8 of BMC
       Traffic’s Traffic Engineering Assessment Report (Doc ID: 22354477) dated 22
       March 2023, The Noosa Plan 2020 – PSP6 Engineering Design Standards,
       and include, but not be limited to:
               a.     a design prepared by a suitably qualified person (RPEQ)
               b.     a combined traffic lane width of 6.2m (2 x 3.1m);
               c.     a shoulder width of 1.0m (with a minimum shoulder sealed
                      width of 0.5m);
               d.     a pavement design suitable to cater for heavy vehicles (i.e.,
                      rigid vehicles, buses, etc.);
               e.     all associated drainage infrastructure (i.e., table drain, culvert,
                      etc.);
               f.     the continuation of the existing stormwater box culvert to allow
                      for the require carriageway width;
               g.     considerations to the existing residential driveway crossovers;
                      and
               h.     a sealed turnaround facility sufficiently sized to accommodate
                      a 3-point turn manoeuvre of a heavy rigid vehicle (HRV) located
                      at the end of the road.

Please find attached traffic addendum seeking changes to this condition to reflect the
existing road conditions, nature and scale of the development

Condition 98 – fire trail

98.    The development site must be provided with an Emergency Bushfire
       Evacuation Route connecting to Council’s “Road 176”. The emergency route
       is to be used for emergencies only and is not to be used for deliveries or
       general access. The works must be undertaken in accordance with an
       Operational Works approval and Section 5.5 of North Coast Environmental
       Services’ Bushfire Hazard Assessment and Management Plan (J001061, v.4)
       dated 11 September 2024, and include, but not be limited to:
              a.    a design prepared by a suitably qualified person (RPEQ) that is
                    to an acceptable standard to cater for a HRV, 14.5m rigid
                    vehicle (i.e., bus) and appropriate firefighting appliances;
              b.    a design that allows for unbroken access for a HRV, 14.5m rigid
                    vehicle (i.e., bus) and appropriate fire-fighting appliances
                    through the site (i.e., from “Road 176” to all parking and
                    manoeuvring areas and through to Kabi Road);
              c.    a design that includes passing bays and turning areas;
              d.    the emergency route, all internal roads and associated
                    manoeuvring areas must not exceed a gradient of 12.5%;

Page 4

                   e.       the emergency route must have a maximum cleared width of
                            10.0 metres and a minimum cleared width of 6.0 metres; and
                   f.       the necessary upgrades to “Road 176” and associated
                            drainage infrastructure, which must be maintained by the
                            applicant during the life of the development.
                   g.       Consultation must occur with the existing resident(s) that
                            access “Road 176” in relation to the proposed works.

We seek for the condition to be amended to a much lesser standard. BMC Traffic advises
the following:

         For the purpose of emergency access, Council requires an alternate road connection for
         the site. This road will be gated and will not be used for day-to-day operations.

         It is my opinion that standard road design requirements, which are designed around daily
         traffic use, are not directly applicable for an emergency access road. The clearing of trees
         to enable the passage of a single lane of traffic (bus traffic, exit only) is appropriate. Civil
         engineering advice would be useful in terms of the gradient, width (single lane, noting
         passing bays are not required) and surface treatment of the emergency fire escape route.

Recor Consulting Engineers also provide advice about minimum upgrade requirements
for emergency access:

         Min update requirements to private Access Track:

    •    Min width track of 4m with 0.5m additional shoulders
    •    Passing bays at approx. every 200m, this can be extended based on the sight distances
         available.
    •    All weather surface, compacted gravel
    •    Appropriate grading is achievable
    •    Substantial clearing

         Min update requirements to Road 176:

    •    Removal of existing track (very poor condition) and upgrade to match that of Cootharaba
         Downs Road.
    •    4m-6m wide gravel track.
    •    Minimal stormwater considerations with exception to possible swales located adjacent the
         track.
    •    Additional clearing of trees located to the south of the track due to proximity




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Page 5

If you have any further queries in relation to the above, please do not hesitate to contact
myself.


Regards,




Jack Lewis B.Sc Hons UNSW M.Plan Otago RPIA
Planner/Director
Pivotal Perspective Pty Ltd
0406 334 227

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