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2020-08-17 General Committee Meeting Notes

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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                               17 AUGUST 2020


GENERAL COMMITTEE MEETING - LIVE RECORD MEETING NOTES
17 AUGUST 2020 - Crs Frank Wilkie (Chair), Joe Jurisevic, Amelia Lorentson, Clare Stewart,
Brian Stockwell and Tom Wegener
Apology: Cr Karen Finzel


1    MCU19/0117 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
     VISITOR ACCOMMODATION - TYPE 3 AT 500/90 BEACH ROAD, NOOSA NORTH
     SHORE
     Cr Lorentson declared a perceived conflict of interest in this matter (as defined in section 175D of the
     Local Government Act 2009) due to her personal relationship with the applicant Mark Bain of Teatree
     Property Pty Ltd and the Bain family, who are family friends that have attended social events together
     and whose children both attended school together and surfed together as part of the Noosa Board
     Riders Club. During the election Cr Lorentson had an election sign at Gympie Tce Petrol Station with
     the approval of the business owner and Mark Bain was the landlord of the property. Mr Bain also
     appeared in one of Cr Lorentson’s videos circulated during the election campaign. Cr Lorentson
     believed that she could consider this item impartially and in the public interest and requested to remain
     in the meeting room to participate in the debate and vote on this matter.
     Pursuant to section 175E(4) of the Local Government Act 2009, the remaining Councillors gave
     consideration to whether the conflict was a real conflict or perceived conflict and whether Cr Lorentson
     may participate in the meeting for the debate and vote on this matter or whether she must leave the
     meeting for the debate and vote on this matter.
     Committee Recommendation
     Moved:              Cr Stockwell
     Seconded:           Cr Stewart
     That Councillors note the perceived conflict of interest declaration of Cr Lorentson and resolve that
     this represents a perceived conflict of interest in this matter and Cr Lorentson may remain in the
     meeting room to participate in the debate and vote on this matter.
     For:               Crs Stockwell, Stewart, Jurisevic and Wegener
     Against:           Cr Wilkie
                                                                                                 Carried.
     Cr Lorentson did not vote on the above motion.


     Committee Recommendation
     Moved:              Cr Stockwell
     Seconded:           Cr Jurisevic
     That Council note the report by the Development Planner to the Planning & Environment
     Committee Meeting dated 9 June 2020 regarding Application No. MCU19/0117 for a
     Development Permit for Material Change of Use - Visitor Accommodation - Type 3 Rural,
     situated at Beach Road Holiday 500/90 Beach Road, Noosa North Shore and:
     A.    Refuse the application for the following reasons:
           1.     The proposed development is not for Visitor Accommodation - Type 3 Rural as
                  defined under the Noosa Plan because:
                  a)     a Detached house and Entertainment and Dining Business Type 2
                         Recreation, amusement & fitness are proposed on the site;
                                                                                              Page 1 of 12
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Section 2

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                   17 AUGUST 2020

             b)   alternatively a Detached house and an undefined use is proposed;
             c)   the proposed lagoon/wave pool does not constitute an ‘ancillary use’; and
             d)   the proposal does not have a direct connection with the environmental or
                  scenic values of site.
        2.   The proposed development is for:
             a)   a Detached house, being an inconsistent use in the Visitor Mixed Use Zone
                  under the Noosa North Shore Locality Plan and requiring impact
                  assessment; and
             b)   Entertainment and dining business - Type 2 Recreation, amusement &
                  fitness, being an inconsistent use in the Visitor Mixed Use Zone under the
                  Noosa North Shore Locality Plan and requiring impact assessment or
             c)   Alternatively an undefined use requiring impact assessment.
        3.   The proposal does not comply with the Strategic Framework and Community
             Vision or the Desired Environmental Outcomes of The Noosa Plan for visitor
             facilities and tourism in Noosa, as:
             a)   the proposed accommodation does not support a range of accommodation
                  styles on the Noosa North Shore, is limited to one dwelling unit and is likely
                  to undermine the planning scheme’s strategy to limit visitor accommodation
                  on the Noosa North Shore to key identified sites contrary to 1.7.8 c) of the
                  Strategic Framework and 3.1.3 k) of the Desired Environmental Outcomes;
                  and
             b)   the proposed lagoon/wave pool is at odds with the natural setting, is not
                  low key and does not facilitate education and interpretation of the natural
                  environment, and instead relies on built infrastructure as the tourist
                  attraction contrary to 1.7.8 d) of the Strategic Plan and 3.1.3 k) of the
                  Desired Environmental Outcomes.
        4.   The proposal does not comply with the Overall Outcomes a), e), g), h), r), s), u),
             and oo) and Specific Outcomes O1 and O9 of the Noosa North Shore Locality
             Code, as the proposal:
             a)   is not directly related to recreational experiences offered in the locality,
                  which are based around the area’s natural environment;
             b)   is not consistent with maintaining the locality’s remote setting and
                  undeveloped character being an area largely dedicated to conservation;
             c)   is likely to adversely impact on the amenity of visitors and residents on the
                  Noosa North Shore;
             d)   is not secondary to its open space setting with a very low intensity and
                  scale of operation;
             e)   will undermine the ability of the North Shore to offer visitor accommodation;
             f)   is likely to require a large number of water tankers to initially fill and
                  continue to top up the wave pool which will impact on other ferry users and
                  residents along the road access; and



                                                                                  Page 2 of 12

Section 3

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                      17 AUGUST 2020

                g)    would result in significant adverse impacts on biodiversity, native
                      vegetation, native fauna habitat, landscape quality, and ground water
                      quality as a result of clearing, excavation and waste water disposal.
          5.    The proposal does not comply with the Overall Outcomes a) and c) and Specific
                Outcomes O3, and O35 of the Visitor Accommodation Code, as the proposal:
                a)    is not of a scale and nature complementary and respectful to its
                      surroundings, has not been designed to integrate with the natural
                      landscape setting and will result in adverse environmental impacts;
                b)    is not compatible with and does not promote the natural environment.
          6.    The proposal does not comply with the Overall Outcomes a), b) c), d) and g) and
                Specific Outcomes O1, O3, O4, O7, O8, O11, O14, O15, O16, O18 and O19 of
                the Biodiversity Overlay Code, as the proposal would result in significant adverse
                impacts on the natural environment as a result of:
                a)    clearing 1.24 hectares of threatened species habitat of high value regrowth
                      vegetation;
                b)    the potential to pollute a wetland with high ecological values through waste
                      water disposal.
          7.    The development proposal is inconsistent with the 2020 Noosa Plan, in which
                the land is zoned tourist accommodation, the provisions of which seek to restrict
                the subject land for visitor accommodation and to preserve the amenity of the
                area and natural vegetation in a similar manner to the 2006 Noosa Plan.
          8.    Since the time of lodgement of the development application the State mapping
                has been updated, the subject land being now mapped as a koala priority area
                and core koala habitat area in which development is prohibited under the
                Planning Regulation 2017 to the extent it interferes with koala habitat.
          9.    There is no significant economic or town planning need for the proposed
                development.
          10.   There are no discretionary matters which would warrant approval of the proposed
                development.
    B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
    C.    Note the application was lodged under the Noosa Plan 2006, which was superseded
          by the Noosa Plan 2020, which commenced on 31 July 2020. All references to the
          ‘Noosa Plan’ or ‘the planning scheme’ within the assessment report is in reference to
          the now superseded Noosa Plan 2006.
    For:        Crs Stockwell, Jurisevic, Wilkie and Wegener
    Against:    Crs Lorentson and Stewart
                                                                                         Carried.
    Cr Lorentson voted against the motion.




                                                                                    Page 3 of 12

Section 4

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                     17 AUGUST 2020



2   CLIMATE CHANGE RESPONSE PLAN
    Committee Recommendation
    Moved:           Cr Wegener
    Seconded:        Cr Stockwell
    That Council note the report by the Principal Strategic Planner to the Planning & Environment
    Committee Meeting on the Climate Change Response Plan dated 11 August 2020 and
    A.   Approve the Project Plan and Community and Stakeholder Engagement Plan provided
         at Attachment 1 and 2 to the report; and
    B.   Approve the updated Climate Emergency Response Plan PCG Charter provided at
         Attachment 3 to the report.
                                                               Carried unanimously.



3   PLANNING & ENVIRONMENT COURT APPEAL NO D102 OF 2020 - REFUSAL OF
    ANCILLARY DWELLING UNIT AT 1/33 GATEWAY DRIVE, NOOSAVILLE
    Committee Recommendation
    Moved:           Cr Stockwell
    Seconded:        Cr Jurisevic
    That Council note the report by the Manager Development Assessment to the Planning &
    Environment Committee Meeting dated 11 August 2020 regarding Planning & Environment
    Court Appeal No. D102 of 2020 and agree to defend the appeal.
                                                                  Carried unanimously.



4   OPERATIONAL PLAN PROGRESS REPORT - 4TH QUARTER 2019-20
    Committee Recommendation
    Moved:           Cr Stewart
    Seconded:        Cr Jurisevic
    That Council note the report by the Chief Executive Officer to the Services & Organisation
    Committee Meeting dated 11 August 2020 providing an update on progress with the
    implementation of the Operational Plan to 30 June 2020 and details of Council’s Key
    Performance Indicators.
                                                                        Carried unanimously.




                                                                                   Page 4 of 12

Section 5

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                      17 AUGUST 2020

5   YEAR IN REVIEW – 2019-20
    Committee Recommendation
    Moved:           Cr Stockwell
    Seconded:        Cr Stewart
    That Council note the report by the Chief Executive Officer to the Services & Organisation
    Committee Meeting dated 11 August 2020 providing a review of Council’s progress in the
    2019/20 financial year towards achieving the five key focus areas set out in Council’s
    Corporate Plan and thank Council staff for their efforts in the last twelve months to progress
    so many significant projects and providing outstanding service to our community.
                                                                            Carried unanimously.



6   BUDGET REVIEW 1 (BR1) FOR THE 2020/21 FINANCIAL YEAR
    Committee Recommendation
    Moved:           Cr Stockwell
    Seconded:        Cr Jurisevic
    That Council note the report by the Manager Financial Services to the General Committee
    Meeting dated 17 August 2020 and approve the proposed changes to the budget for the
    2020/21 financial year as outlined in the Revised Budget Financial Statements attached to
    the report.
                                                                       Carried unanimously.


7   FINANCIAL PERFORMANCE REPORT – JULY 2020
    Committee Recommendation
    Moved:           Cr Stewart
    Seconded:        Cr Lorentson
    That Council note the report by the Manager Financial Services to the General Committee
    Meeting dated 17 August 2020 outlining July 2020 year to date financial performance against
    budget, including performance against key financial sustainability indicators.
                                                                          Carried unanimously.



8   FIRE MANAGEMENT ACTIONS UPDATE
    Committee Recommendation
    Moved:           Cr Jurisevic
    Seconded:        Cr Stewart
    That Council note the report by the Environment Services Manager and Economic
    Development Manager to the General Committee Meeting dated 17 August 2020 providing
    an update on fire management actions currently underway to enhance community safety.
                                                                     Carried unanimously.


                                                                                    Page 5 of 12

Section 6

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                            17 AUGUST 2020



CLOSURE OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved:                Cr Jurisevic
Seconded:             Cr Lorentson
That the meeting be closed to the public pursuant to section 275(1) (f) and (g) of the Local
Government Regulation 2012 for the purpose of discussing legal advice relating to an appeal in
the Planning & Environment Court so that Council’s legal position is protected in relation to General
Committee Agenda Item 9 - RAL17/0504 Planning & Environment Court Appeal No D61 of 2018
Refusal of Application to Reconfigure a Lot (1 into 4 Lots) at 135 Lake Webya Drive, Noosaville.
                                                                                 Carried unanimously.


RE-OPENING OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved:                Cr Jurisevic
Seconded:        Cr Wilkie
That the meeting be re-opened to the public.
                                                                                 Carried unanimously.



9     RAL17/0504 PLANNING &
      ENVIRONMENT COURT APPEAL NO D61 OF 2018 REFUSAL OF APPLICATION TO
      RECONFIGURE A LOT (1 INTO 4 LOTS) AT 135 LAKE WEBYA DRIVE, NOOSAVILLE
      Committee Recommendation
      Moved:               Cr Wegener
      Seconded:            Cr Stewart
      That Council note the report by the Manager Development Assessment to the General
      Committee Meeting dated 17 August 2020 and agree to settle Planning & Environment
      Appeal No. D61 of 2018 generally in accordance with the following conditions:
      When Conditions Must be Complied With
      1.      Unless otherwise stated, all conditions of this development approval must be complied
              with prior to the plan sealing and the creation of the proposed lots. Compliance with
              the conditions of approval is required at all times.
      Approved Plans & Documents
      2.      Development undertaken in accordance with this approval must generally comply with
              the approved plans of development. The approved plans are listed in the following table
              unless otherwise amended by these conditions.
           Plan No.         Rev      Plan/Document Name                              Date
           60669            E        Plan of Development (Proposed Community Title   31 July 2020
                                     Subdivision of Lot 1 on RP36729) by Murray &
                                     Associates

                                                                                           Page 6 of 12

Section 7

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                       17 AUGUST 2020

         Plan No.       Rev    Plan/Document Name                               Date
         60669          E      Plan of Development (Proposed Community Title    31 July 2020
                               Subdivision of Lot 1 on RP36729) – Aerial by
                               Murray & Associates
         17623-SK100    F      Preliminary Plan of Development (Sheet 1 of 2)   6 August 2020
                               by TOD
         Figure 4              Bushfire Mitigation Plan by Land and             31 July 2019
                               Environment Consultants (LEC)
                               To be revised pursuant to condition 26
                               Flood Emergency Management Plan by Water         27 February 2020
                               Technology
                               Bushfire Management Plan to be approved
                               pursuant to condition 26
                               Vegetation Management Plan to be approved
                               pursuant to condition 39
                               Draft Covenant                                   22 June 2020
    3.      All lot numbering on the subdivision plan to be submitted to Council for compliance
            assessment must remain as shown on the Approved Plans.
    4.      The development must be undertaken and operated in a manner that causes no
            detrimental effect upon the amenity of the neighbourhood by reason of the creation of
            excessive noise, lighting nuisance or other emissions.
    Currency Period
    5.      The Currency Period for this development approval lapses if all conditions have not
            been complied with, and the plan of survey lodged with Council for endorsement by 30
            August 2024, unless an application to extend the currency period is approved by
            Council.
    Plan of Development
    6.      All future dwellings on proposed Lots 1, 2 & 4 must be sited and constructed in
            accordance with the approved building envelopes and dwelling controls as shown on
            the Approved Plans. A copy of the approved Plan of Development and other
            management plans (referred to in this development approval) and maximum building
            height requirements must be included in any contract of sale for the proposed lots,
            together with a clause which requires all dwellings to be constructed in accordance
            with the development approval.
    7.      The Applicant must prepare a metes and bounds building envelopes plan indicating
            building pad areas for the proposed lots. The areas must be in accordance with Plan
            of Development, Drawing No. 17623-SK100, Revision F prepared by TOD Engineers
            and Project Managers, dated 6 August 2020. The plan must be submitted in both hard
            copy and digital format (dwg) on GDA 94 zone 56 coordinates. The Applicant must
            submit the plan to Council for approval prior to the endorsement of the Plan of Survey.
    8.      Dwellings and outbuildings are to be located within the building envelopes provided for
            the proposed lots consistent with Plan of Development, Drawing No. 7623-SK100,
            Revision F prepared by TOD Engineers and Project Managers, dated 6 August 2020.
    9.      Dwellings must not exceed a maximum building height of 9 metres measured from the
            natural ground level as defined by the Noosa Plan 2006.
    10.     The Body Corporate is responsible for maintaining the access to the proposed lots in
            accordance with the Plan of Development, Drawing No. 7623-SK100, Revision F
                                                                                   Page 7 of 12

Section 8

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                       17 AUGUST 2020

          prepared by TOD Engineers and Project Managers, dated 6 August 2020.
    Onsite Civil Works
    11.   Prior to sealing of the plan of survey, proposed Lots 1, 2 & 4 are to be filled to provide
          suitable building pads and access in accordance with the Plan of Development,
          Drawing No. 7623-SK100, Revision F prepared by TOD Engineers and Project
          Managers, dated 6 August 2020. The works required are to be in accordance with the
          following:
          a)    the building pad on proposed Lot 4 is to be located not less than 4m from the
                southern boundary;
          b)    the building pads within proposed Lots 1, 2 & 4 are to achieve a minimum
                reduced level of RL 2.600m (AHD) and battered down to natural ground;
          c)    the access driveway from Lake Weyba Drive to each of the proposed lots is to
                be constructed in accordance with the Plan of Development, Drawing No. 7623-
                SK100, Revision F prepared by TOD Engineers and Project Managers, dated 6
                August 2020, including the provision of 5.5m wide passing bays as shown;
          d)    the access driveway is to achieve a minimum reduced level of RL 1.5m (AHD);
          e)    roadside flood height gauge boards are to be installed within the common
                property to indicate depth of floodwaters to residents and occupiers of the site in
                metres (AHD);
          f)    the filling works undertaken for the raised building pads and access driveways
                shall be designed to prevent ponding within the proposed lots and on adjacent
                properties;
          g)    all civil works within the site are to be certified by a Registered Professional
                Engineer of Queensland (RPEQ).
    Flood Emergency Management Plan
    12.   The Applicant is to notify all prospective purchasers of the proposed lots that the site
          is subject to flooding hazard and provide them with a copy of the Flood Emergency
          Management Plan (FEMP) dated 27 February 2020 prepared by Water Technology.
    13.   The FEMP (and associated procedures) must be complied with at all times. The Body
          Corporate and the owners of the proposed lots, including successive landowners, are
          responsible for implementing the FEMP.
    14.   All owners and occupiers of the proposed lots, including successive landowners, are
          to be provided with a copy of the FEMP (and procedures for the purposes of
          implementing the FEMP), for which the Body Corporate is responsible.
    15.   The Body Corporate is responsible for maintaining and providing suitable information
          packs/kits to all owners and occupiers of the proposed lots. The information packs must
          include details in relation to the flooding hazard, the FEMP and emergency flood
          procedures. A copy of the information packs/kits must be submitted to Council prior to
          the sealing of the survey plan.
    16.   The Applicant and the owners of the proposed lots are not permitted to undertake
          works within the proposed lots that would undermine the operation and implementation
          of the FEMP.


                                                                                      Page 8 of 12

Section 9

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                         17 AUGUST 2020

    17.   Prior to sealing of the plan of survey, the Applicant is to install a flood height gauge and
          siren, between 0.5m and 0.75m AHD, at a suitable low point on the common property
          to indicate depth of flooding to residents and occupiers of the site as required by the
          FEMP. The gauge and siren will be installed to Bureau of Meteorology (BOM)
          specifications. This is to allow for site specific flood monitoring in conjunction with
          reviewing the BOM weather warnings consistent with the FEMP, in particular Table 3-
          2.
    18.   The Body Corporate is responsible for the ongoing operation, management,
          maintenance (which includes replacement) and testing of the flood height gauge and
          siren (on an annual basis) and will enter into a contract with a suitable service
          contractor to maintain the flood height gauge and siren to BOM specifications. The
          Body Corporate is responsible for ensuring such maintenance contract is in force at all
          times.
    19.   The Body Corporate is responsible for advising all owners of the proposed lots of the
          requirement for a service contract and of funding arrangements associated with the
          ongoing operation, management and maintenance of the flood height gauge and siren
          required to be constructed within the common property. The Body Corporate is
          responsible for ensuring there are adequate funds at all times to operate, manage and
          maintain the flood height gauge and siren.
    20.   All dwellings must be constructed in accordance with the minimum floor level
          requirements, with the minimum habitable floor level above the probable maximum
          flood level of 3.43m (AHD).
    21.   The Body Corporate is responsible for the overall communication, implementation, and
          periodic update of the FEMP. A regular review of the FEMP shall be undertaken (at
          least once every two years), which is regarded as an essential part of the risk
          awareness-raising process.
    22.   The Body Corporate is responsible for ensuring that there is an active procedure for
          notifying the owners and occupiers of the proposed lots of the potential for a flood and
          a heavy rainfall event, and developing, maintaining and implementing emergency flood
          procedures, in accordance with the FEMP.
    23.   The Body Corporate is responsible for advising the owners and occupiers of the
          proposed lots that they are responsible for ensuring they have enough food, water, and
          medical supplies to shelter in place for a minimum of three days.
    External Road Works
    24.   Prior to sealing of the plan of survey, the Applicant is to upgrade part of Lake Weyba
          Drive fronting the proposed development and extending to the north as shown on the
          Plan of Development, Drawing No. 7623-SK100, Revision F prepared by TOD
          Engineers and Project Managers, dated 6 August 2020.
    25.   The new roadwork will achieve a minimum reduced level of RL 1.5m (AHD) when
          travelling to the north for approximately 23.2m, starting from the southern edge of the
          access driveway, as shown on the Plan of Development, Drawing No. 7623-SK100,
          Revision F prepared by TOD Engineers and Project Managers, dated 6 August 2020.
    26.   The roadwork will transition over a distance of approximately 11.3m to match the
          existing pavement to the south of the access driveway, as shown on the Plan of
          Development, Drawing No. 7623-SK100, Revision F prepared by TOD Engineers and
          Project Managers, dated 6 August 2020.
                                                                                       Page 9 of 12

Section 10

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                          17 AUGUST 2020

    Bushfire Management Plan
    27.   The Applicant is required to prepare a Bushfire Management Plan (BMP) in accordance
          with Section 12 of the Joint Expert Report of bushfire experts prepared by Robert
          Janssen and Rob Friend dated 12 August 2019 (the JER) and revise Figure 4 “Bushfire
          Mitigation Plan” from the JER to reflect the amended lot layout. The BMP and Figure 4
          is to be submitted with a development application for operational work. Council’s
          approval of the BMP must be obtained prior to sealing of the plan of survey. The BMP
          is to be prepared by a suitably qualified and experienced bushfire expert and shall
          include the following requirements.
    28.   At the time of registering the plan of survey, a covenant is to be registered on proposed
          Lots 1, 2 and 4 in Council’s favour generally in accordance with the draft covenant.
    29.   The approved BMP (and the bushfire mitigation measures for implementing the
          approved BMP) must be complied with at all times.
    30.   A fire trail will be established inside the perimeter of the Bushfire Protection Zone as
          shown on Figure 4. The design specifications for the fire trail are:
          a)     minimum formed width of 4m (the access gate from the common property
                 driveway must also provide this clearance);
          b)     located inside a 6m wide vegetation clearing with minimum vertical clearance of
                 4m to overhanging tree branches;
          c)     surface rating of 6.5 tonnes for rural fire-fighter appliances;
          d)     all weather surface, e.g. gravel, concrete or bitumen, etc.;
          e)     6m wide by 8m deep turnaround bay near the northern end; and
          f)     established as an access easement that is granted in favour of the Queensland
                 Fire and Rescue Service and Noosa Shire Council.
    Ecological
    31.   The Applicant is required to prepare a Vegetation Management Plan (VMP). The VMP
          is to clearly identify the extent of all development works, and particularly trees to be
          retained and removed. The VMP is to be submitted with a development application for
          operational work. The VMP must be implemented prior to sealing of the plan of survey.
          The VMP is to be prepared by a suitably qualified and experienced ecologist and
          address the following:
          a)     provide arborists advice seeking to minimise the loss of trees in close proximity
                 to development works;
          b)     the fire-trail within proposed Lot 1 is to be constructed to minimize tree removal,
                 and must avoid impacts to eucalypts where possible;
          c)     a fauna spotter be on site during tree clearing works;
          d)     any necessary removal of any gums (eucalypts) are to be replaced at a ratio of
                 3:1 (i.e. replant 3 trees for every 1 removed). This compensatory planting is to
                 be provided in the western portion of proposed Lot 1 and beyond the fire trail (a
                 planting plan which identifies planting locations and species is to be prepared);
          e)     weed management is to be undertaken on the western portion of proposed Lot
                 1;

                                                                                     Page 10 of 12

Section 11

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                         17 AUGUST 2020

          f)    the natural regeneration of the western part of the site (i.e. outside the bushfire
                management area) shall be allowed to occur;
          g)    any boundary fencing for proposed Lot 1 must be fauna friendly;
          h)    erosion control measures (standard best practice) to be implemented where
                necessary for any earthworks;
          i)    installation of four nest boxes (e.g. 1 x glider, 1 x possum and 2 x parrot) is
                required in trees within the western portion of the site to compensate for the lack
                of hollows in the local landscape.
    Community Management Statement
    32.   The community management statement for the proposed development must, at all
          times, contain provisions requiring strict compliance by the owners and occupiers of
          the proposed lots with the approved FEMP and the maximum building height
          requirements. The community management statement must be submitted to the
          Council at the time of sealing of the plan of survey.
    Owners responsible for Body Corporate
    33.   The owners of the proposed lots, including successive landowners must, jointly and
          severely, ensure that the requirements of these conditions to be carried out by the Body
          Corporate or for which the Body Corporate is responsible, are complied with.
    Water & Sewer Connections
    34.   An underground connection to reticulated water and sewerage must be provided to
          each lot in accordance with the standards and requirements of Northern SEQ
          Distributor–Retailer Authority (Unitywater).
    35.   A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
          (Unitywater) must be submitted to Council that certifies an underground connection to
          reticulated water and sewerage has been provided to each lot OR the development
          site (for MCUs).
    Boundary Encroachments
    36.   Certification must be submitted from a Licensed Surveyor which certifies that:
          a)    the setback/s to any new boundaries for any existing buildings remaining on the
                site comply with the relevant provisions of the planning scheme and the Building
                Act 1975, unless varied by the development approval;
          b)    the constructed access and manoeuvring areas (including associated fill batters
                and retaining walls) are fully contained within common property, including the 6m
                wide by 8m deep turnaround bay required to facilitate efficient access and egress
                for emergency services;
          c)    the fire trail and easement are established inside the perimeter of the Bushfire
                Protection Zone on proposed Lot 1;
          d)    all utility services and connections (e.g. electricity, telecommunications, water,
                sewerage) are wholly located within the lot they serve or alternatively included
                within an easement;
          e)    all retaining walls and structures are fully contained within the lot they retain; and
          f)    any fill, including fill batters, are wholly contained within the subject site and not

                                                                                      Page 11 of 12

Section 12

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                     17 AUGUST 2020

               on adjacent properties.
    Electricity and Telecommunication Services
    37.   Underground reticulated electricity and telecommunication services must be provided
          to each lot in accordance with an approval for Operational Works and the standards
          and requirements of the relevant service provider.
    38.   Unless otherwise stipulated by telecommunications legislation at the time of
          construction, the development must be provided with all necessary conduits, pits and
          pipes to accommodate the future connection of optic fibre technology
          telecommunications.
    39.   Certification must be submitted to Council from all relevant service providers which
          certifies that the development has met the requirements of this Decision Notice and all
          applicable legislation at the time of construction.
    For:         Crs Stewart, Wegener, Jurisevic, Lorentson and Wilkie
    Against:     Crs Stockwell
                                                                                        Carried.




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