MCU22/0094 Development Application For A Childcare Centre At 28 Eenie Creek Road, Noosaville · Attachment 1 (MCU22/0094) - Planning Officer'S Report

However, as previously identified, the proposal does not retain the 10m wide landscape garden
beds established with the reconfiguring a lot and removes existing vegetation from this area which
could be retained as part of development of these lots to enhance the amenity of the centre and
this important road link.
The applicant submits that they should not be required to maintain the 10m wide landscape garden
bed for the following reasons:
•   The 2003 Infrastructure Agreement required all significant road infrastructure and open space
    areas to be delivered as part of stage 1 of the development, with significant open space area
    delivered as part of stage 1 of the development.
•   Clause 10 of the Infrastructure Agreement further provides “…having regard to the
    contributions and physical infrastructure provided for in this Agreement, the applicant and its
    successors in title shall not be required in respect of Future Stages of the Business Centre on
    the Land to undertake work…relating to… open space”. The term open space includes
    landscaping.
•   A subsequent Infrastructure Agreement was entered into with Noosa Council in 2020, which
    simply reflects in more detail the specific delivery of infrastructure in the context of the
    subdivision of the Business Centre. To this end, clause 2.5 of the 2020 Infrastructure
    Agreement confirms that “nothing in this document derogates from or varies the 2003
    Infrastructure Agreement, except where specified in special conditions.
•   Clause 10 of the Infrastructure Agreement provided that for the development of future stages
    of the Business Centre, the applicant is required to provide a minimum 10% of the area of each
    reconfigured lot.
•   The requirement to provide 10 metres of planting to the frontage of Hofmann Drive in conditions
    53a of the RAL for the Business Centre was intended to ensure that the relevant Business and
    Innovation Precincts were revegetated following the subdivision works until the ultimate
    development of the Precincts.
The applicant’s submission is not agreed with as:
•   The Infrastructure Agreement entered into at the time of development of stage 1 in 2003, was
    to provide certainty for the applicant as to the contributions and/or infrastructure charges
    payable for future stages, given the extensive amount of work undertaken as part of stage 1.
•   The 2003 Infrastructure Agreement provides that the applicant shall not be required to
    undertake work, pay contributions or charges levied for works external to the land having regard
    to the contributions and physical infrastructure provided as part of stage 1, provided that the
    intensity of development of future stages do not exceed Master Plan 2.
•   Landscaping is not included as part of the term open space, with the open space areas referred
    to in the Infrastructure Agreement clearly identified on an Annexure in the agreement.
•   The Infrastructure Agreement does not specify that the development of future stages of the
    Business Centre are only required to provide a minimum of 10% of the area of each lot. The
    provision referred to by the applicant is a requirement of Master Plan 2, which was not
    imbedded in the Infrastructure Agreement and is not relevant in this regard.
•   The required 10m landscaped garden bed of the reconfiguring a lot approval was not intended
    as an interim solution and remains a current condition of a development approval applicable to
    future development of the lots along Hofmann Drive.
The location of the proposed bio retention basin along Hofmann Drive adjacent to the driveway
entrance also does not comply with outcomes of the Major Centre zone code which seeks to
provide minimum landscaped setbacks to the internal circulation roadway and is generally to be
soft landscaping which does not include stormwater treatment devices.
3.3.4 Sustainable Building Design Code
The Sustainable Building Design Code includes requirements to ensure development is
sustainable with minimal environmental impact and maximum human comfort. The applicant
submits that they comply with the code as the proposed building design and site layout follows
sustainable building design practices, orientating the building to maximise cross ventilation,