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                           AGENDA


   Planning & Environment
     Committee Meeting


            Tuesday, 6 September 2022


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



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




                       “Noosa Shire – different by nature”
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Section 2

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA               6 SEPTEMBER 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   MCU22/0062 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR OFFICE
           AT 2 EMERALD STREET COOROY                                       4

       2   MCU21/0146 – REPRESENTATONS TO A DEVELOPMENT PERMIT FOR A
           MATERIAL CHANGE OF USE – MULTIPLE DWELLINGS (90 DWELLINGS) AT 28
           EENIE CREEK ROAD, NOOSAVILLE                                    16

       3   RAL21/0035 – APPLICATION TO RECONFIGURE A LOT (1 LOT INTO 2 LOTS) AT
           21 JIRIMMA CRESCENT, COOROIBAH                                     22

       4   TRANSPORT AND MAIN ROADS ENVIRONMENTAL OFFSETS                     34

6.     REPORTS FOR NOTING BY THE COMMITTEE                                    38

       5   PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JULY 2022
                                                                          38

       6   POLYSTYRENE ROUNDTABLE                                             50

7.     CLOSED SESSION                                                   63




                                                                     Page 2 of 63

Section 3

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                      6 SEPTEMBER 2022


1.   ATTENDANCE & APOLOGIES




2.   CONFIRMATION OF MINUTES

     The Minutes of the Planning & Environment Committee Meeting held on 9 August 2022 be
     received and confirmed.




3.   PRESENTATIONS

     Nil.




4    DEPUTATIONS

     Nil.




                                                                            Page 3 of 63

Section 4

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               6 SEPTEMBER 2022


5.      REPORTS FOR CONSIDERATION OF THE COMMITTEE

1       MCU22/0062 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR OFFICE AT 2
        EMERALD STREET COOROY

Author                 Development Planner, Nadine Gorton
                       Environment and Sustainable Development Department

Index                  ECM/ Applications/ MCU22/0067

Attachments            Nil



     APPLICATION DETAILS
     Application No.               MCU22/0062
     Applicant                     Queensland Property Developments Pty Ltd
     Proposal                      Material Change of Use - Office
     Properly Made Date            13 April 2022
     Information Request Date      16 May 2022
     Information Response Date     7 July 2022
     Decision Due Date             16 September 2022
     PROPERTY DETAILS
     Property Address              2 Emerald St Cooroy Qld 4563
     RP Description                Lot 47 C 5602
     Land Area                     1012.00 m²
     Existing Use of Land          Vacant
     STATUTORY DETAILS
     SEQRP Designation             Urban
     Zone                          District Centre
     Precinct                      Not Applicable
     Local Plan Area               Cooroy Local Plan
     Overlays                      Nil - adjacent to a Character Area
     Assessment Type               Code

EXECUTIVE SUMMARY
This proposal seeks approval for a Material Change of Use for Offices at 2 Emerald Street, Cooroy.
The offices are to be contained within a two-storey building that fronts Emerald Street and gains
vehicular access from Wimmers Lane. Whilst the building generally meets Planning Scheme
requirements it does not comply with the acceptable outcome for height and carparking
requirements. The proposed height encroachment relates to the provision of a parapet to the
Emerald Street frontage and is considered acceptable and compliant with the performance
outcome whilst the development is 1.5 carparking spaces short. Due to the applicant dedicating
2.0 metres of the Wimmers Lane frontage to Council and providing a pedestrian/cycleway along
the eastern boundary the proposed areas of non-compliance are considered appropriate.
The matter is being reported to Council due to the proposal’s non-compliance with carparking and
the proposed variation to infrastructure charges.

                                                                                    Page 4 of 63

Section 5

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 6 SEPTEMBER 2022


RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 6 September 2022 regarding Application No. MCU22/0062 for a
Development Permit for a Material Change of Use for Offices situated at 3 Emerald Street, Cooroy
and
A.   Approve the application in accordance with the following conditions:
     PLANNING
     When Conditions must be Complied With
     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.
            Plan No.        Rev.    Plan/Document Name                               Date
            SK-01           G       Floor Plans Prepared by Wiltshire Stevens        23.08.2022
                                    Architecture
            SK-02           G       Elevations Prepared by Wiltshire Stevens         23.08.2022
                                    Architecture
            SK-04           G       Sections Prepared by Wiltshire Stevens           23.08.2022
                                    Architecture
     Building Appearance
     3.    Ground floor shopfront glazing along the Emerald Street frontage must be fully
           transparent to a minimum of 65% of the street frontage to allow passive surveillance
           and encourage social interaction and must be provided at full height (floor to ceiling).
     4.    Any security screens on the premises consist of grille or translucent screens and not
           solid shutters, screens or roller-doors.
     5.    All mechanical equipment and other service infrastructure located on the site must be:
           a.    located not less than 2 metres from a property boundary.
           b.    fully enclosed or screened such that they are not visible from the street frontages
                 nor adjoining properties. Where screened by landscaping, landscaping beds
                 must be at least 1.5 metres wide.
     6.    Roof materials must be non-reflective and designed with colours and styles to minimise
           the visual impact of the development.
     7.    The street awning must extend for the full width of the frontage and be setback 1m
           from the face of the kerb. Amended plans must be submitted prior to the issue of an
           operational works approval.
     8.    All ground floor shopfront glazing must be protected against vandalism by the use of a
           form of safety glass such as toughened or laminated glass.
     9.    During operating hours, all parking areas, pedestrian areas and entrances/exits to all
           stairwells, lifts, foyers and public toilets must be well lit with vandal resistant lighting
           and with intensities to satisfy the requirements of Australian Standard AS1158 “Public
           Lighting Code”. Lighting must be designed to reduce the contrast between shadows
           and well lit areas. In particular, appropriate security lighting must be provided along the
           full length of the proposed pedestrian/cycleway.
           Currency Period

                                                                                        Page 5 of 63

Section 6

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                            6 SEPTEMBER 2022


    10.   This development approval lapses if the use has not happened by 15 September 2028
          unless an application to extend the currency period is approved by Council.
          Building Height
    11.   The maximum height of the development must not exceed RL118.15 to the peak of the
          roof line as detailed on section B-B of Plan SK04.
    12.   Certification must be submitted to Council from a Licensed Surveyor which certifies
          that the building does not exceed the maximum height requirement of this Decision
          Notice.
          Performance Bond
    13.   Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
          must be submitted to Council, to secure performance of all conditions of this approval,
          prior to the issue of a Development Permit for Operational Works. The cash bond or
          trading bank guarantee will be returned on performance of the conditions of approval
          less any costs incurred by Council in respect of enforcing performance of this permit.
          Council reserves the right to call upon the bond or guaranteed sum to effect compliance
          with conditions.
          Street Identification
    14.   The street address of the development must be clearly visible and discernible from the
          primary frontage of the site by the provision of a street number and, where appropriate,
          the building name.
          External Works – Wimmers Lane
    15.   Wimmers Lane must be upgraded for the length of its frontage to the subject site. The
          works must be undertaken in accordance with an Operational Works approval and
          must include in particular:
          a.    construction of kerb and channelling, road widening and underground stormwater
                drainage to the development side only. The final extent and alignment of works
                to be determined as part of the subsequent Operational Works approval.
          Road Widening of Wimmers Lane
    16.   The developer must dedicate as “road” a 2m wide strip extending across the full
          frontage of the site to Wimmers Lane. The dedication must be in accordance with
          drawing number Plan number SK01 Version G dated 23 August 2022 prepared by
          Wiltshire Stevens Architecture.
    17.   The dedication must be completed prior to the commencement of the use.
          External Works – Emerald Street
    18.   Emerald Street must be upgraded for the length of its frontage to the subject site. The
          works must be undertaken in accordance with an Operational Works approval and
          must include in particular:
          a.    a full width pathway extending from the property boundary to the kerb and
                channel.
          b.    works to transition the new full width pathway to match smoothly with the existing
                frontages of the adjoining properties. These works will extend beyond the
                frontage of the subject site. The transitions must be constructed at grades that
                are in accordance with Council’s Planning Scheme Policy 5 – Engineering
                Design Standards – Roads, Drainage and Earthworks.
          c.    any necessary relocation or alteration to existing access from Emerald Street to
                the adjoining property at 4 Emerald Street must be undertaken. The type and
                extent of these works must be in agreement with the adjoining property owner

                                                                                    Page 6 of 63

Section 7

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                           6 SEPTEMBER 2022


               and clearly shown on plans submitted for operational works.
          d.   Any relocation/reinstatement of existing services in the road verge.
          These works are to be undertaken at no cost to Council.
          Site Access and Driveways
    19.   A sealed access driveway must be provided from Wimmers Lane to all parking and
          manoeuvring areas of the development. The works must be undertaken in accordance
          with an Operational Works approval and must include in particular:
          a.   a driveway crossover generally in accordance with RS-051 and any associated
               addendum.
          Car Parking
    20.   A minimum of 23 car parking spaces and 2 motor cycle spaces must be provided and
          marked on the site for the commercial development, and made available and
          accessible at all times while the use is open for business. The works must be
          undertaken in accordance with an Operational Works approval and must include in
          particular:
          a.   pedestrian routes in accordance with the conditions of this Decision Notice .
          b.   1 disabled parking space within the total.
          c.   dimensions, crossfalls and gradients in accordance with Australian Standard
               AS2890: Parking Facilities.
    21.   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.
          Pedestrian and Bicycle Facilities
    22.   Pedestrian and bicycle facilities must be provided for the development. The works
          must be undertaken in accordance with an Operational Works approval and must
          include in particular:
          a.   a 2 metre wide footpath along one side of Wimmers Lane and Emerald Street.
          b.   the resealing of the existing asphalt path fronting the development.
    23.   Pedestrian and bicycle facilities must be provided for the development and include:
          a.   10 bicycle parking spaces and 5 lockers; and
          b.   one shower cubicle with ancillary change room.
          Stormwater Drainage
    24.   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 the Queensland Urban Drainage Manual, and must include in
          particular:
          a.   works generally in accordance with the Stormwater Layout Plan. Fig 1.2 Revision
               B prepared by Callaghan & Toth dated 6 July 2022;
          b.   extension of the site stormwater system to accommodate stormwater from the
               existing external drainage pipe from Lot 2 on RP44101 to the east; and
          c.   the use of gravity stormwater drainage and not surcharge pits.
          This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
          infrastructure.




                                                                                      Page 7 of 63

Section 8

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                6 SEPTEMBER 2022


            Services
      25.   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.
      26.   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.
      27.   Certification must be submitted to Council from all relevant service providers (Energex,
            NBN and Unitywater) which certifies that the development has met the requirements
            of this Decision Notice and all applicable legislation at the time of construction.
            Easements
      28.   A 1.5 metre wide easement for stormwater drainage purposes must be registered
            against the title of the property in favour of Lot 2 on RP44101 and be generally in
            accordance with the Stormwater Layout Plan. Fig 1.2 Revision B prepared by
            Callaghan & Toth dated 6 July 2022. The easement must be of sufficient width to wholly
            encompass the drainage infrastructure and extend to the Emerald Street boundary.
      29.   A 2.0 metre wide easement for “Public Thoroughfare” purposes must be registered
            against the title of the property in favour of Council. The easement must be located
            directly adjacent to the eastern property boundary and extend for the full length
            between Wimmers Lane and Emerald Street. The easement must be:
            a. clearly shown on all plans submitted for Operational Works; and
            b. registered prior to the commencement of the use.
      30.   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.
      31.   All works must be kept clear of any existing or proposed easements on the subject
            land, unless agreed otherwise in writing by the Grantee.
B.    Agree to reduce the infrastructure charges in respect to the impervious area calculation for
      stormwater for the 2m wide public thoroughfare required by condition 27.
C.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


1.    PROPOSAL
The application seeks approval for a Material Change of Use – Office on a vacant site at Cooroy
in the form of a two-storey building. The design provides for a building with a total gross floor area
of 488.5m2 located to the Emerald Street frontage with 23 carparking spaces provided to the rear
and accessed off Wimmers Lane which forms the rear boundary. The ground floor of the building
comprises two offices with a total area of 138.5m2 which are setback 4 metres from the Emerald
Street frontage with the upper level including an office space of 350m 2, a covered balcony and
awning that extends over the footpath.
The building provides a traditional parapet treatment and awning to the Emerald Street frontage
with the rear portion of the building cantilevering over a portion of the carparking.
A major feature of the design includes the provision of a 2.0 metre pedestrian/cycleway along the
eastern boundary that extends from Wimmers Lane to Emerald Street and a 2.0 metre dedication
along Wimmers Lane.


                                                                                        Page 8 of 63

Section 9

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                6 SEPTEMBER 2022


The locality and proposal plan are included below.




                                        Figure 1 – Locality




                                      Figure 2 – Floor Plans




                                                                     Page 9 of 63

Section 10

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA    6 SEPTEMBER 2022




                           Figure 3 – Elevations




                           Figure 4 – Renderings




                                                        Page 10 of 63

Section 11

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 6 SEPTEMBER 2022


2.       SITE DETAILS
2.1      Background
Council approved an application for a Material Change of Use for three shops and three offices on
the subject site in July 2015 under development approval MCU14/0091. The proposal included the
construction of a two storey building to the Emerald Street frontage with carparking at the rear. The
proposal never proceeded and the approval has lapsed.
2.2      Site Description
The site is a rectangular shaped lot with frontage to both Emerald Street and Wimmers Lane. The
site is currently vacant and slopes from the south-east corner down to the north western corner of
the lot.
2.2      Surrounding Land Uses
The lot is centrally located within Cooroy’s business centre with a variety of surrounding businesses
typical of a business centre. Immediately to the west are commercial premises, to the east shops
and restaurants and opposite the site shops and the Cooroy IGA.
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; and
        Noosa Plan 2020.
3.2      Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
        District Centre Zone Code;
        Cooroy Local Plan Code;
        Business Activities Code;
        Works Codes;
The subject site is located in Cooroy and is zoned District Centre. The proposed use is identified
as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:

     Criteria                     Planning Scheme                 Proposal             Complies

     Building height
        storeys                  2 storeys max                   2 storeys            
        metres                   8 metres                        8.5 metres           X

     Gross floor area or          808.8 m² max                    488.5 m²             
     Plot ratio                   0.8:1 max.                      0.6:1                

     Boundary setbacks
      Frontage                   0.0 metres min                  0.0 metres           
      Side                       0.0 metres min                  0.4 metres           
      Side                       0.0 metres min                  2 metres             
      Rear                       0.0 metres min                  21.5 metres          


                                                                                      Page 11 of 63

Section 12

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   6 SEPTEMBER 2022


  Criteria                         Planning Scheme                   Proposal              Complies

  Length of wall                   15 metres max                     26 metres             

  Roof Form
   Pitch                          Min 5 degrees                     10 degrees            
   Eaves                          Min 600mm to 75%                  600mm to >75%         

  Landscaped open space            101.07 m² min                     70m² soft plus        
                                                                     96.5m2
                                                                     pedestrian/cycle
                                                                     link

  Carparking                       25 uncovered min                  22 uncovered          X
                                                                     1 loading bay
                                                                     2 motorcycle
                                                                     spaces (= 0.5 car
                                                                     space)
  Bicycle Spaces                   10 bicycle spaces                 10 bicycle spaces     
  End of Trip Facilities*          1 locker per 2 bicycle spaces     Able to be provided   
  *(required only where 5 +        and;
  spaces are required)             1 shower cubicle with ancillary   Able to be provided   
                                   change room per 10 bicycle
                                   spaces

Cooroy Local Plan Code
The subject site is identified in the Cooroy Framework and Character Plan (refer figure 5 below)
as:
     being a Key Development Site;
     located on a Primary Active Street Frontage;
     located on a Primary Streetscape Treatment area;
     having a Key Pedestrian/Cycle Link extending along the eastern boundary.




                              Figure 5 – Cooroy Framework and Character Plan

                                                                                           Page 12 of 63

Section 13

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 6 SEPTEMBER 2022


The Code details that development on key sites is to incorporate a high standard of architectural
design and landscape treatment consistent with the streetscape character. The proposed
development form has been reviewed against the code and is well articulated including an awning
and posts to the road frontage and windows along the side elevations. The front of façade of the
building includes a parapet over the upper level deck which reflects the character of the main street
of Cooroy and will complement the adjoining development to the east.




                                        Figure 6 – front facade

The Code also details that development is to facilitate the widening and upgrading of laneways in
the Cooroy Local Plan area. The proposal plans detail the provision of the required 2.0 metre
Wimmers Lane widening as well as the provision of a 1 metre landscaped setback to the lane. All
vehicular access is proposed from Wimmers Lane consistent with Code requirements and the
landscaped setback provides an appropriate treatment to laneway.
The site is mapped as containing a Key Pedestrian/ Cycle link along the eastern boundary (figure
5 above) and details that development on or adjoining this link is to facilitate those connections.
The proposal plan meets this outcome by providing a 2.0 metre wide pathway along the eastern
boundary which provides a link from Wimmers Lane to Emerald Street.
Building Height
The District Centre Code details a maximum height of 8 metres for the Cooroy District Centre zone.
The applicant seeks to vary the height provision by the provision of a 0.5 metre parapet which
extends into the 8 metre height limit. The applicant indicates that the parapet could be removed
which would result in the building complying with height requirements however submits that the
structure adds to the character of the building and traditional built form of the area. The applicant’s
submission is supported and the minor encroachment for the parapet is not considered to impact
on the amenity of the area or dominate the street.
Landscaping
The District Centre code details that 10% of the site area is to be provided on site for landscaping.
The proposal plans detail 70m2 of soft landscaping provided at the front of the site with 1.0 metre
strips provided along the carparking adjoining the pedestrian/cycle pathway and to Wimmers Lane.
The pedestrian/cycle pathway extends along the entire eastern boundary and provide a public
thoroughfare from Wimmers Lane to Emerald Street. The pathway comprises 96.5 m 2 and whilst
not providing soft landscaping is considered to be a landscape element and contributes to the
functioning and character of the area. The proposal therefore complies with landscape
requirements.
Carparking
The Driveways and Parking Code details that 25 spaces are to be provided for the proposed
development. The applicant has provided the following parking:


                                                                                       Page 13 of 63

Section 14

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                             6 SEPTEMBER 2022


    22 carparking spaces
    1 loading bay (not required by the Code and able to be used as a carpark)
    2 motor cycle spaces (equivalent to 0.5 carparking space)
The proposal is therefore 1.5 carparking spaces short. As the proposal does not comply
with the Acceptable Outcome it is required to be assessed against the Performance
Outcome PO6 of the Driveways and Parking Code. PO6 details that sufficient parking:
     a)    is provided having regard to the specifics of the use including—
              i. the type and intensity of land use;
             ii. any existing parking available on the site;
            iii. hours of operation;
            iv. likely numbers of users;
             v. accessibility to the site by means other than private motor vehicle;
            vi. the peak parking demand periods of uses on the site; and
           vii. the availability of alternative car parking; and
     b)    is provided to accommodate the number and type of vehicles and motorcycles likely to
           be generated by the development.
The proposed carparking on site is considered to be appropriate for the proposed use of the site
with the provision of vehicular access off Wimmers Lane enabling the existing on street parking in
Emerald Street to be maintained. The applicant’s proposed dedication of 2.0 metres of the site to
be included in Wimmers Lane, as well as 95m2 of the site for a public access/cycle way provides
significant community benefit and promotes alternative access to the site and surrounding areas.
No further contributions are considered warranted due to the provision of these items.
Infrastructure Charges
Under Queensland Planning legislation, infrastructure charges are triggered for the development.
In accordance with Council’s Charges Resolution (No7) 2022 the development is required to pay
the following charges based on developments gross floor area and impervious area:




                                                                                   Page 14 of 63

Section 15

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 6 SEPTEMBER 2022


The proposal involves the provision of a paved public pedestrian/cycle pathway along the length
of the eastern boundary which is included in the impervious area calculation for stormwater. Due
to the pathway providing public access from Wimmers Lane to Emerald Street it is considered
appropriate that this area be deducted from the charges in respect to stormwater.

4      CONSULTATION
4.1    Referral Agencies
Not Applicable
4.2    Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
      Development Engineer
Councils Development Engineer advised that the information provided was appropriate and
provided conditions to be included as part of any approval.

5.     CONCLUSION & REASONS FOR DECISION
The application seeks approval to develop the site for a two storey office building with vehicular
access taken from Wimmers Lane. The proposed building form is consistent with the Cooroy
character and provides appropriate setbacks and landscaping to the street and surrounds. The
provision of a parapet to Emerald Street results in the building exceeding building height
requirements by 0.5 metres which is considered acceptable due to the small area of encroachment
and the building form. The development does not meet minimum carparking requirements however
due to the dedication of part of the site to the Wimmers Lane road reserve and the provision of a
2.0 metre wide pedestrian/cycle pathway along the entire eastern boundary which promotes
alternative modes of transport, the reduced carparking is considered acceptable.
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              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




                                                                                         Page 15 of 63

Section 16

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    6 SEPTEMBER 2022


2      MCU21/0146 – REPRESENTATONS TO A DEVELOPMENT PERMIT FOR A MATERIAL
       CHANGE OF USE – MULTIPLE DWELLINGS (90 DWELLINGS) AT 28 EENIE CREEK
       ROAD, NOOSAVILLE

Author                Patrick Murphy, Coordinator Planning
                      Environment and Sustainable Development Department

Index                 ECM/ Application/ MCU21/0146

Attachments           Nil


    APPLICATION DETAILS
    Applicant                         Stockwell Development Group Pty Ltd
    Development Approval              Material Change of Use - Multiple dwelling
    Representations Received on       28 July 2022
    Number of Submissions for         1
    Original Application
    PROPERTY DETAILS
    Property Address                  Noosa Civic 28 Eenie Creek Rd Noosaville Qld 4566
    RP Description                    Lot 3 SP 246584
    Land Area                         31.73 Hectares
                                      Future lots 17 – 19 = 10,109m2
    Existing Use of Land              Undeveloped portion of the Shire Business Centre
    STATUTORY DETAILS
    SEQRP Designation                 Urban Footprint
    Zone                              Major Centre Zone
                                      Environmental Management Zone
    Precinct                          High Density Residential
    Local Plan Code                   Noosaville Local Plan Area
    Overlays                          Land Subject to Acid Sulfate Soils
                                      - 5 metres AHD or below
                                      - Above 5 metres AHD to 20 metres AHD
                                      Biodiversity, Waterways and Wetlands Overlay
                                      Bushfire Hazard Overlay
                                      - High Potential Bushfire Hazard
                                      - Potential Impact Buffer
    Assessment Type                   Representations made to original approval

EXECUTIVE SUMMARY
The applicant makes representations to conditions regarding the use of the study rooms and
performance bonds. The applicant maintains that the condition regarding the study is unlawful and
that there is no planning purpose for the condition. It is not agreed that the condition is unlawful as
it was imposed in accordance with the Sustainable Building Design Code, with the code included
in the planning scheme after the scheme was reviewed and approved by the state. However, the
amended unit layout and proposed windows and wall openings for the room are an improvement
and reasonably comply with PO8 of the Sustainable Building Design Code.
The representations also relate to the 2 performance bond conditions. It is agreed that the wording
of one of the conditions could be improved by providing clarity on the timing of the bond’s release.


                                                                                         Page 16 of 63

Section 17

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                             6 SEPTEMBER 2022


It is recommended that the condition requiring a performance bond associated with the retention
of vegetation be deleted on the basis that the remaining performance bond can be called upon for
non-compliance with these conditions.
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 6 September 2022 regarding representations made in relation to MCU21/0146 for
a Development Permit for Material Change of Use - Multiple dwelling (90 small dwelling units)
situated at Noosa Civic 28 Eenie Creek Road Noosaville and:
A.   Agree to amend condition 14 to read as follows:
     14.   Security in the Form of a cash bond or trading bank guarantee to the sum of $50,000
           must be submitted to Council, to secure performance of all conditions of this approval,
           prior to a pre-start meeting. The cash bond or trading bank guarantee will be returned
           on performance of the conditions of approval, related to the final inspection, less any
           costs incurred by Council in respect of enforcing performance of this permit. Council
           reserves the right to call upon the bond or guaranteed sum to effect compliance with
           conditions.
B.   Agree to delete conditions 5 and 53.
C.   Issue an updated Infrastructure Charges Notice
D.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
1.   BACKGROUND
A development approval for a Material Change of Use – Multiple Dwellings was issued on 21 June
2022. The applicant suspended the appeal period on 30 June 2022 and made representations on
28 July 2022 to the development approval conditions. The representations are detailed below but
primarily relate to the use of the study rooms, and the performance bonds.
2.   ASSESSMENT
An assessment in relation to each of the submitted representations is provided below:
Condition 5
The study rooms must not be used as a bedroom with these rooms to have at least one wall with
a maximum height of 1.5 metres or limited to sliding doors, concertina doors or the like. Study
rooms are rooms detailed on the plans which do not include a bed within the furnishings.
Applicant’s Representation
The following image demonstrates the proposed internal design of the units previously identified
as being one bedroom with a study, it is now proposed that these rooms contain 2 bedrooms.




                                                                                   Page 17 of 63

Section 18

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                6 SEPTEMBER 2022


The applicant advises:
It is intended that the room the subject of Condition 5 can be used for a variety of habitable
purposes at the occupant’s or owner’s discretion, including as a study, media room, napping or
guest bedroom or as a dedicated bedroom for an occupant.
The design of the room allows large sliding windows to capture natural light and ventilation to the
space from adjoining rooms and areas. That window measures 2,300mm long by 600mm high with
an area of 1.382m2 for a room of 9.6m2. A 1,500mm high wall provides both privacy and the
required acoustic rating for occupants’ comfort.
Assessed against the Building Code of Australia, the rooms which Condition 5 seeks to regulate,
qualify as habitable rooms which are able to be used for all the purposes proposed, including a
bedroom.
For the reasons we discuss below, we think that Condition 5 is both unlawful or alternatively not
imposed for a proper planning purpose that can be properly discerned from the Noosa Plan 2020.
There are a few things to note.
First, for the purpose of section 65(1)(b) of the PA, we are unable to discern a change that the
proposed development is likely to produce for which the condition might be considered reasonable
response.
Secondly, whilst a condition may nevertheless be relevant if it maintains proper standards in local
development or in some other legitimate planning sense, we have been unable to discern such a
purpose from a review of the Noosa Plan 2020.
The Council identifies PO8 of the Sustainable Building Design Code as the genesis for Condition
5 and this is disagreed.
The Sustainable Building Design Code does not specifically refer to bedrooms, as opposed to other
habitable rooms, in its provisions. That outcome is to be contrasted with other assessment
benchmarks within the Noosa Plan 2020.
As for PO8 of the Sustainable Building Design Code, there is no element which could be said to
be a proper foundation for Condition 5 because:
5. most of the provisions of PO8 are focussed on considerations other than internal elements of a
building – PO8(a), (b), (c), (d) and (f); and
      of the elements of PO8 that contain reference or could be reasonably said to apply to internal
      elements of a building, all apply equally to whether the room is used for a bedroom or some
      other habitable space, for example PO8(e), (g), (h) and (i).
PO8 expressly envisages that some internal rooms may not have an external opening given the
provisions of PO8(g) which says development “uses natural light rather than artificial light, and may
include skylights, atriums and light wells”.
Thirdly, even if the requirement could be said to be relevant in the sense required by section
65(1)(a) of the PA, it is an unreasonable imposition on the use of the units because the room
qualifies as a habitable space under the Building Code of Australia and what owners and occupiers
might think is appropriate amenity for a bedroom will depend on their preferences and choices.
Some may view the fact that the room does not have external openings as an advantage for
sleeping, either in the day or at night, given it is further removed from external influences of noise
and light. Others might take a different view.
Fourthly, whilst the views of Council are entitled to consideration, it is difficult to see how the
subjective views are entitled to weight in the imposition of a condition of this kind. The Court has
remarked that “the ‘planning purpose’ of a condition is not ascertained from some preconceived
general notion of what constitutes planning. The planning purpose underlying the exercise of the
condition power in any given case is to be ascertained from the PA, and the documents to which
regard must or may be had, in the assessment of the application”.


                                                                                      Page 18 of 63

Section 19

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               6 SEPTEMBER 2022


Fifthly, the Building Code of Australia establishes criteria and standards for a range of things,
including the structural adequacy of buildings, the fire resistance of buildings and criteria for the
health and amenity of residents. Those criteria and standards have application across Australia. It
is difficult to understand in those circumstances why it would be concluded that the rooms, the
subject if Condition 5, are habitable rooms but otherwise not suitable as a bedroom when the
Building Code of Australia does not draw that distinction.
Finally, even assuming that Condition 5 may be lawful in the sense required by s65(i) of the PA, a
planning purpose for the disputed condition does not exist in the Noosa Plan 2020.
Assessment of Representation
The original condition was included in response to the requirements of PO8 of the Sustainable
Building Code which states:
Development –
   a. orientates buildings and windows to make the most of prevailing winds, natural ventilation
      and cross breezes;
   b. maximises shade to east and west walls;
   c. contains an open and permeable built form that connects indoor and outdoor spaces in an
      integrated design;
   d. retains existing vegetation and natural shading where possible;
   e. incorporates passive building design to reduce the need for auxiliary heating and cooling;
   f.   uses low toxic internal and external building materials;
   g. uses natural light rather than artificial light, and may include skylights, atriums and
      light wells;
   h. contains a minimum of two openings per habitable room;
   i.   provides a minimum floor to ceiling height of 2.7 metres; and
   j.   enables efficient operation and use of the building.
The proposed rooms, with doors and sliding window, are considered to comply with the
requirements of PO8 as two openings are provided, and the window allows natural light into the
room via windows adjacent to the balcony.
Whilst it would be preferred that the openings were provided to two different walls and for the
window to be located on the face of the building the proposed design reasonably complies with the
requirements of PO8.
Accordingly, it is recommended that the condition be deleted.
This requires an updated Infrastructure Charges Notice to reflect the change of 16 of the 1-
bedroom units to 2 bedroom units.


Condition 14
Security in the Form of a cash bond or trading bank guarantee to the sum of $50,000 must be
submitted to Council, to secure performance of all conditions of this approval, prior to a pre-start
meeting. The cash bond or trading bank guarantee will be returned on performance of the
conditions of approval less any costs incurred by Council in respect of enforcing performance of
this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance
with conditions.
Applicant’s Representation
We conclude that Condition 14 is neither reasonable nor relevant as prescribed under the Planning
Act 2016 and should be removed. The condition is ambiguous in terms of release as conditions

                                                                                      Page 19 of 63

Section 20

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 6 SEPTEMBER 2022


are required to be maintained for the duration of the development.
Discussions with the applicant have clarified that the primary concern relates to their perception
that there is no clarity on when the bond will be released as the conditions relate to the duration of
the development.
Assessment of Representation
The proposed condition is a standard condition that is applied to development approvals which
involve significant works. Planning Scheme Policy 5 - Performance bonds notes that the bonds are
used as an incentive to a developer to construct properly or develop in accordance with the
conditions of approval. However, it is not intended that the bond be retained for the life of the
development. It is recognised that the condition could be re-worded to provide greater clarity that
it is not intended for the bond to be kept for the life of the development as follows:
Security in the Form of a cash bond or trading bank guarantee to the sum of $50,000 must be
submitted to Council, to secure performance of all conditions of this approval, prior to a pre-start
meeting. The cash bond or trading bank guarantee will be returned on performance of the
conditions of approval, related to the final inspection, less any costs incurred by Council in
respect of enforcing performance of this permit. Council reserves the right to call upon the bond or
guaranteed sum to effect compliance with conditions.


Condition 53
Prior to the prestart meeting, a bank guarantee or a bond of $30,000 must be lodged as security
for the protection of the tree/s identified for retention in the conditions of this approval. The bond:
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.
Applicant’s Representation
We conclude that the condition is not reasonable and propose the following amendment:
Prior to the prestart meeting, a bank guarantee or a bond of $30,000 must be lodged as security
for the protection of the tree/s identified for retention in the conditions of this approval. The bond:
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); and
b)    the tree cannot be rehabilitated elsewhere on the site via new stock at a replanting ratio of
      1:2 (in a location to be agreed to in writing by Council).
The bond will be returned upon practical completion of all the operational works relating to this
development (where a) and b) above are met).
Assessment of Representation
The condition seeks to preserve existing vegetation, which is to be retained within the covenant
area and the Environmental Management and Conservation Zone. The protection of this vegetation
is important noting the proximity of the works from these areas and the potential risk for this
vegetation to be damaged. Trees in these areas are mature trees and consequently have a high
value and not able to be replaced like for like and therefore the recommended condition is
considered appropriate. The proposed inclusion of a replanting option (ratio 1:2) does not provide
a satisfactory performance benchmark for the protection of the existing vegetation.
Notwithstanding, upon further review it is considered that the performance bond as detailed at
condition 14 is satisfactory to address non-compliance with conditions requiring the retention of
existing vegetation. Accordingly, it is recommended that condition 53 be deleted.



                                                                                       Page 20 of 63

Section 21

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 6 SEPTEMBER 2022


3.    CONCLUSION & REASONS FOR DECISION
The application makes representations to conditions regarding the use of the study rooms and
performance bonds. The applicant maintains that the condition regarding the study is unlawful and
that there is no planning purpose for the condition. It is not agreed that the condition is unlawful as
it was imposed in accordance with the Sustainable Building Design Code, the code was included
in the planning scheme after the scheme was reviewed and approved by the state. However, the
amended unit layout and proposed windows and wall openings now comply with PO8 of the
Sustainable Building Design Code.
The representations also relate to the 2 performance bond conditions. It is agreed that the wording
of one of the conditions could be improved by providing clarity on the timing of the bond’s release.
It is recommended that the condition requiring a performance bond associated with the retention
of vegetation be deleted on the basis that the remaining performance bond can be called upon for
non-compliance with these conditions.
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




                                                                                         Page 21 of 63

Section 22

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               6 SEPTEMBER 2022


3      RAL21/0035 – APPLICATION TO RECONFIGURE A LOT (1 LOT INTO 2 LOTS) AT 21
       JIRIMMA CRESCENT, COOROIBAH

Author                Coordinator Planning, Patrick Murphy
                      Environment and Sustainable Development Department

Index                 ECM/ Application/ RAL21/0035

Attachments           1.   Proposal Plans


    APPLICATION DETAILS
    Applicant                     Ian W Rowe
                                  Janis Rae Rowe
    Proposal                      Reconfiguring a Lot – 1 into 2 lots
    Properly Made Date            24 December 2021
    Information Request Date      24 January 2022
    Information Response Date     29 April 2022
    Decision Due Date             16 September 2022
    Number of Submissions         Not applicable
    PROPERTY DETAILS
    Property Address              21 Jirrima Crescent Cooroibah
    RP Description                Lot 46 RP 136461
    Land Area                     43,910m²
    Existing Use of Land          Dwelling House
    STATUTORY DETAILS
    SEQRP Designation             Rural Living Area
    Zone                          Rural Residential
    Precinct                      Not applicable
    Local Plan Area               Not applicable
    Overlays                      Acid Sulfate Soils
                                  Biodiversity, Waterways and Wetlands
                                  Bushfire Hazard
                                  Flood Hazard
    Assessment Type               Code

EXECUTIVE SUMMARY
This application seeks to reconfigure an existing lot at Cooroibah into 2 rural residential lots. The
lot is constrained by flooding, bushfire, riparian buffer and vegetation protection under the
Biodiversity Code. Whilst the applicant has provided a potentially suitable dwelling house site
outside the Probable Maximum Flood (PMF), they have failed to demonstrate that the lot has
suitable access across the site’s waterway and a sufficient fire buffer is maintained to the building
envelope in response to the required revegetation of the riparian buffer area.
Despite requests for further information and meetings with the applicant, Council has not been
supplied with sufficient detail to address concerns in regard to the impact of flooding on the access
to the rear house site (depth, velocity and duration). Therefore, Council does not have an
appropriate level of information that demonstrates that flooding would not comprise the safety of
future residents who require safe access/egress during rain events.


                                                                                     Page 22 of 63

Section 23

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 6 SEPTEMBER 2022


Without the additional information regarding the above, Council cannot consider the facts and
circumstances surrounding these constraints in more detail, and therefore the application has not
demonstrated compliance with the relevant planning scheme requirements and is recommended
for refusal.
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 6 September 2022 regarding Application RAL21/0035 for a Development Permit for
Reconfiguring a Lot – 1 into 2 lots situated at 21 Jirrima Crescent, Cooroibah and:
A.    Refuse the application for the following reasons:
      1.    The application has failed to provide sufficient information to demonstrate that the
            proposed access to lot 2 is suitable for the intended use and achieves compliance with
            the Reconfiguration of a Lot Code – Performance Outcome PO13, Acceptable
            Outcome 13.1 and 13.3 and the Flood Hazard Overlay Code – Overall Outcome (2)(a),
            (c) and (e), Performance Outcomes PO4, PO5 and PO7.
      2.    The application fails to demonstrate compliance with Performance Outcome PO6,
            PO10 and Overall Outcomes (2)(c), (d), (e) of the Biodiversity, Waterways and
            Wetland Overlay Code and Performance Outcome PO7, Overall Outcomes 2(c) of the
            Reconfiguring a Lot Code in that:
            a.    The proposed environmental covenant area is deficient as it is proposed over all
                  of the site’s ecologically important areas, including linkages.
            b.    To achieve a suitable access for residents to lot 2 extensive work is likely required
                  within the riparian buffer area and waterway.
            c.    The applicant has proposed no fauna friendly fencing of the riparian buffer.
            d.    The applicant has proposed assisted natural rehabilitation of the waterway
                  however does not propose to rehabilitate the full extent of the riparian buffer area.
                  Assisted rehabilitation is not supported as active is planting required.
            e.    A 12 month maintenance period is proposed which is not supported, as a three
                  year maintenance period is required to ensure rehabilitation is stable and
                  sustainable over a long period and multiple seasons.
      3.    Compliance with PO7 of the Bushfire Hazard Overlay Code has not been
            demonstrated, as the application does not contain satisfactory information to
            demonstrate that a suitable buffer is maintained between the proposed future dwelling
            and the required revegetation area is achievable.
B.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


REPORT
1.    PROPOSAL
The proposal is to subdivide the subject lot into 2 lots. The applicant seeks to divide the block in a
battle axe arrangement to result in 1 lot behind the other. Proposed Lot 1 is proposed to contain
the existing dwelling and has an area of 2.567ha. Proposed Lot 2 has an area of 1.824ha and a
building envelope is proposed within Lot 2 to avoid flooding, and the riparian buffer area. An access
easement is proposed within lot 1 to provide access for Lot 2 along the northern side boundary.
The applicant proposes an environmental rehabilitation area for 10m either side of the high bank
of the water way and covers a total area of approximately 0.2ha.
The locality and proposal plans are included below.



                                                                                       Page 23 of 63

Section 24

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                             6 SEPTEMBER 2022




                                        Figure 1 – Locality




                                      Figure 2 – Proposal Plan

1.    SITE DETAILS
1.1   Background
PLM21/0056 - A pre-lodgement meeting was held on 13/10/21 wherein the following advice was
provided by an external planning consultant working within Council in relation to flood hazard.
      Flood Hazard Overlay Code
      The site is affected by the Flood Hazard Overlay Code. The development would need
      demonstrate that an effective evacuation route remains passable, with sufficient flood
      warning time, to enable residents on Lot 2 to progressively evacuate to safe areas above the
      probable maximum flood (PMF) event as defined by the Noosa Plan 2020. This would require
      the access to proposed Lot 2 to achieve flood immunity to a PMF standard.


                                                                                   Page 24 of 63

Section 25

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                              6 SEPTEMBER 2022


      If unachievable and acknowledging the access intersects a riparian buffer area (works must
      be very limited to avoid adverse disturbance), the development needs to demonstrate an
      area of sufficient size and dimension on the site above the PMF that allows for safe
      congregation and refuge provided flood waters subside within a reasonable period of time
      (avoid isolating residents for prolonged period of time and/or burdening disaster
      management response).
      The development application would also need to demonstrate a developable area of
      sufficient dimension above the PMF as defined by the Noosa Plan 2020. A building envelope
      should be included in the application material to demonstrate this.
1.2   Site Description
The topography of the subject site is relatively flat with ground levels ranging from 3m relative to
Australian Height Datum (AHD) at its lowest point along the southern boundary to 9m AHD at the
highest point near to the eastern boundary.
The eastern portion of the lot is mostly cleared with grassed paddocks. The western portion of the
site is sparsely vegetated with predominant regrowth wattle and melaleuca.
A watercourse intersects the site and travels the full width of the lot from the southern to the
northern boundary. The waterway is included as a Riparian Buffer Area under the Biodiversity,
Waterways and Wetlands Overlay of The Noosa Plan 2020. The waterway and associated riparian
buffer area are ‘ecologically important areas’ as defined by the planning scheme. The riparian
buffer area contains native vegetation in a riparian zone, regrowth vegetation that is likely to
develop into a Matter of Environmental Significance, a waterway and wetland.
An existing access easement (for access to the telecommunications infrastructure on the
neighbouring lot) and internal track provides access from the road towards the east of the lot. This
access crosses the waterway, however has not been designed to provide access during potential
flood events as access to the telecommunications infrastructure is infrequent and unlikely to be
needed during such events.
1.3   Surrounding Land Uses
Surrounding premises are semi-rural in nature featuring open paddocks and partially vegetated
areas. Neighbouring properties feature detached houses and rural settlement/ rural lifestyle blocks
with associated outbuildings. The property to the west is a heavily vegetated public reserve.
2.    ASSESSMENT
2.1   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.
2.2   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 Rural Living Area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.


                                                                                     Page 25 of 63

Section 26

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   6 SEPTEMBER 2022


Planning Regulation 2017
A small part of the site at the rear of the premises is identified as a Koala Priority Area. The
proposed development would not involve prohibited or assessable development under Schedule
10, Part 10, Division 2, section 16A & 16B of the Regulation as it does not involve interfering with
koala habitat.
2.3   Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
     Rural Residential Zone Code;
     Reconfiguring a Lot Code;
     Biodiversity, Waterways and Wetlands Overlay Code;
     Bushfire Hazard Overlay Code;
     Flood Hazard Overlay; and
     Works Codes.
Locality Provisions
The subject site is located in the Cooroibah Locality and is zoned Rural Residential. The proposed
development is required to follow a code assessable application process.
The pertinent issues arising from the proposal relate to the following provisions within the
applicable codes:
Rural Residential Zone Code
The proposal has been reviewed against the Rural Residential Zone Code and is consistent with
the purpose of the zone which is to provide for residential uses and activities on large lots.
Flooding
The site is mapped as being affected by flood hazard under the Noosa Plan 2020’s Natural Hazard
Overlay mapping. The application seeks approval to increase the number of lots thereby increasing
the number of people and property impacted by the flood hazard area. Figure 3 below illustrates
the mapped areas under the Planning Scheme Overlay for flooding of the site and locality.




           Figure 3 – Noosa Plan 2020 Flood Hazard Overlay Map – flooding and inundation extent

                                                                                          Page 26 of 63

Section 27

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                6 SEPTEMBER 2022


The applicant provided Probable Maximum Flooding (PMF) levels for the site prepared by
Hydrology & Water Management Consulting which indicates that flood immunity is potentially
possible for the future dwelling on the site with residents able to seek refuge in a PMF event within
future dwellings. Flood mapping for the PMF event is detailed in figures 4, below:




                      Figure 4 – Flood extent map – Probable Maximum Flood (PMF)

The Flood Hazard Overlay Code of the Noosa Plan 2020 includes the following outcomes for flood
management:




                                                                                     Page 27 of 63

Section 28

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    6 SEPTEMBER 2022




The applicant has not fully demonstrated compliance with the above codes. Whilst a dwelling can
potentially be sited outside the PMF on proposed lot 2 the applicant has failed to demonstrate
sufficient detail (levels and certification) that the waterway crossing section is suitable for the
intended use and achieves compliance with The Reconfiguring a Lot Code – Performance
Outcome PO13 and The Flood Hazard Overlay Code – Overall Outcome (2)e, Performance
Outcomes PO4, PO5 and PO7.
Despite requests for further information and meetings with the applicant Council has not been
supplied with sufficient detail to address concerns in regard to the impact of flooding on the access
to the rear house site (depth, velocity and duration).
Without this detail, we are unable to understand:
        how often the waterway floods;
        the duration of flooding in different storm events;
        the velocity of floodwaters and the rate at which the water rises; and
        the flood depth in comparison to the existing crossing.
Therefore, we are unsure whether the existing access way / crossing is sufficient in common rain
events to enable access for residents to exit/enter their property. Based on the site levels it is highly
likely this area will flood frequently and prevent access for future residents to their home. It is also
unclear the extent of works required within the riparian buffer to provide access across the
waterway but it could be extensive based on site levels.
Furthermore, without this detail no Risk Assessment or Disaster Management Plan can be
provided addressing the above outcomes or manage the risk for future residents
Biodiversity, Waterways and Wetlands Overlay Code
The following codes within the Noosa Planning Scheme are considered relevant to this application.
    Performance Outcomes                                Acceptable Outcomes
    PO6                                                 AO6.1
    The biodiversity and ecosystem values of            Development and clearing of vegetation does not
    waterways, wetlands and adjacent riparian zones     occur within:
    are protected by:                                    j.    a riparian buffer area;
    c.     avoiding any new development in a riparian    k.    a wetland area; or
           buffer area and wetland area;


                                                                                          Page 28 of 63

Section 29

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     6 SEPTEMBER 2022


 Performance Outcomes                                 Acceptable Outcomes
 d.    retaining aquatic and terrestrial habitat in    l.     10 metres either side of the centre line of
       riparian zones;                                        other waterways identified on
 e.    maintaining and enhancing wildlife corridors           a Biodiversity, Waterways and Wetlands
       and connectivity along watercourses and                Overlay Map.
       drainage lines for native fauna movement;
 f.    avoiding edge effects and damage from          AO6.2
       adjacent land uses;                            Development provides for the rehabilitation of land
 g.    maintaining stream integrity and bank          within:
       stability by minimising bank erosion and       a riparian buffer area;
       slumping;                                       m.      a wetland area; and
 h.    maintaining water quality through filtering     n.      10 metres either side of the centre line of
       sediments, nutrients and other pollutants;              any other waterway identified on
       and                                                     a Biodiversity, Waterways and Wetlands
 i.    removing pest species and replacing them                Overlay Map.
       with local native species.

 PO10                                                 AO10.1
 Development provides for ecologically important      Landscaping and rehabilitation complements and
 areas to be restored and enhanced through:           supports ecologically important areas by:
                                                       u.    utilising local native species;
 o.    designing landscaped areas to complement        v.    utilising suitable plant species identified
       and enhance                                           in PSP2 Landscaping;
       existing vegetation and ecological linkages;
                                                       w.    restoring degraded ecosystems to achieve
 p.    removing species likely to displace native            a functional ecosystem state that requires
       flora species or degrade fauna habitat;               minimal human intervention;
 q.    replanting and rehabilitating degraded          x.    replicating adjacent remnant habitats of the
       habitat;                                              same type, including the
 r.    replacing any vegetation removed with                 understorey vegetation;
       suitable local native species;                  y.    creating or enhancing linkages
 s.    providing for fauna habitat; and                      between existing habitats;
 t.    avoiding the planting of pest plant species.    z.    avoiding the use of pest plant species
                                                             listed in PS–2 - Landscaping;
                                                       aa. planting riparian zones to filter stormwater
                                                             run-off, stabilise soil and provide for wildlife
                                                             habitat; and
                                                       bb. providing ground and arboreal structures
                                                             for fauna, which may include ground
                                                             depressions, rocks, hollows, nesting boxes
                                                             and in-stream habitat.
                                                      AO10.2
                                                      Vegetation cleared is replaced with:
                                                       cc.   plantings of equivalent area that replicate
                                                             the floristic structure of
                                                             the vegetation removed; or
                                                       dd. where this is not possible due to the
                                                             characteristics of the site and the
                                                             development, plantings twice the number
                                                             of the removed trees and plants.

Reconfiguring a Lot Code:
9.5.1.2 Purpose and overall outcomes
         1.    The purpose of the Reconfiguring a lot code is to ensure that development:
               d.   is responsive to site constraints;


                                                                                             Page 29 of 63

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     6 SEPTEMBER 2022


                e.   maintains or improves environmental values and avoids adverse off-site
                     environmental impacts;
          2.    The overall outcomes sought for the Reconfiguring a lot code are:
                c.   Development avoids significant adverse effects on the natural environment
                     and landscape including waterways, drainage lines, wetlands and
                     other ecologically important areas.
9.5.1.3
               Performance Outcomes                                 Acceptable Outcomes
 Site Responsive Design                                AO7.5
 PO7                                                   Lot boundaries, services, utilities and roads are
 Development provides for a lot layout and             aligned to avoid traversing ecologically important
 configuration of roads and pathways that is           areas and ecological linkages.
 responsive to:
 ee. the setting of the site within an urban or        AO7.6
        non-urban context;                             Development does not result in significant
 ff.    any natural environmental values present       modification to natural landform or landscape
        on, or adjoining the site;                     features including:
 gg. any natural hazards affecting the site or           kk.    waterways and drainage lines;
        adjoining land such that the number of           ll.    native vegetation or significant character
        properties or persons at risk is not                    trees;
        increased;
                                                         mm. understorey vegetation;
 hh. the terrain of the land, minimising the need
                                                         nn. slope;
        for earthworks;
                                                         oo. rock outcrops; or
 ii.    any places of cultural heritage significance
        or character areas present on, or adjoining      pp. views.
        the site; and                                  AO7.7
 jj.    any important landmarks, views, vistas or      Development retains or provides viable ecological
        other areas of high scenic quality present     corridors for wildlife movement.
        on, or able to be viewed from, the site.       AO7.9
                                                       Ecologically important areas are formally protected
                                                       for the long term through         environmental
                                                       covenant or transferal to public ownership or
                                                       through gazettal of a nature reserve.

The lot includes a mapped waterway that transects the central portion of the site running in a
northerly direction and has a mapped riparian buffer area with a width of approximately 165m. The
waterway has historically been dammed with scattered regrowth vegetation consisting
predominantly of Melaleuca Quinquenervia along the banks of the waterway with a small section
at the southern end mapped as biodiversity significance.




                 Figure 5 - Noosa Plan 2020 – Biodiversity, Waterways and Wetlands Overlay


                                                                                             Page 30 of 63

Section 31

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                           6 SEPTEMBER 2022


The applicant proposes that the full extent of the riparian buffer should not be protected by a
vegetation covenant, however officers do not agree or support the protection of only a 10m strip
along the waterway. Officers consider that the entire mapped riparian buffer on the western side
of the waterway should be protected by a covenant, whilst allowing a 10m buffer on the western
side.
This is considered reasonable for the following reasons:
a)       The lot is surrounded by large tracts of Core Koala Habitat Area including south and north of
         the mapped waterway. This waterway provides an important ecological linkage for Koala
         (and other fauna) movement with Koalas now being listed as endangered by the Federal
         Government requiring protection and rehabilitation.
b)       This would be consistent with the agreed requirements for 23 Jirrima Crescent which was
         the subject of a recent appeal.




     Figure 6 – Extent of covenant (highlighted) and revegetation areas at 23 Jirrima – adjacent to subject site.

The applicant proposes to conserve the riparian buffer area and allow it to naturally rehabilitate.
However, performance outcomes PO6(c), PO10 and acceptable outcomes AO6.2 requires the
enhancement of wildlife corridors and connectivity and rehabilitation of ecologically important
areas. The applicant has proposed assisted natural rehabilitation of the waterway however does
not propose to rehabilitate the full extent of the recommended riparian buffer area. The applicant
submits that the full rehabilitation of the riparian buffer is deemed excessive considering the
minimal impacts the development is proposing but would introduce a new unit of hazardous
vegetation within the site resulting in an unacceptable bushfire risk to the development.
Biodiversity, Waterways and Wetlands Overlay Code acceptable outcome AO6.2 requires
development provides rehabilitation of land within the riparian buffer area, a wetland area and 10m
either side of the centre line of any other waterway identified on the overlay map. Council officers
would support a similar vegetative rehabilitation width as 23 Jirrima to support the habitat
connectivity. As detailed above this waterway provides an important ecological linkage.
Despite requests for updated revegetation plans (and corresponding bushfire management plans)
the applicant has decided not to provide updated information in accordance with the above.
Therefore, it is considered that the application fails to demonstrate compliance with PO6(c), PO10


                                                                                                  Page 31 of 63

Section 32

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 6 SEPTEMBER 2022


and acceptable outcomes AO6.2 of the Biodiversity Code and PO7, Overall Outcomes 1 d, e and
2 c of the Reconfiguring a Lot Code.
Bushfire Hazard Overlay
The Lot is mapped as having areas of high potential bushfire intensity (western edge and band
through riparian) and Potential Impact Buffer for the majority of site. The development proposes
the Lot 2 building envelope sits within the area not mapped as having the bushfire hazard overlay
with the Bushfire Hazard Report detailing that a 60m separation will provide a new dwelling within
Lot 2 a setback distance sufficient to achieve less than 10kW/m2 radiant heat impact and will result
in an acceptable level of bushfire risk to the proposed dwelling.
The bushfire management plan however, does not take into account separation distances to the
required revegetation of the riparian buffer (discussed above) to the east of the building envelope.
Instead, the applicant submits that revegetation would introduce a new unit of hazardous
vegetation within the site resulting in an unacceptable bushfire risk to the development.
Based upon this information there is a possibility that the setback requirements to the revegetated
riparian buffer area would result in the building envelope area being relocated to the west of its
current position and within the PMF flood area.
Therefore, without an updated bushfire management plan Council is unable to determine
compliance with the Bushfire Hazard code and in particular PO7 that lot design and building siting
minimises bushfire hazard risk to people and property
3.     CONSULTATION
3.1    Referral Agencies
3.2    Internal Council Referrals
The application was forwarded to the following internal Council officers:
      Coordinator, Development Engineering
      Environment Officer
4.    CONCLUSION & REASONS FOR DECISION
The application seeks to subdivide the existing lot into 2 lots however the applicant has not
demonstrated an appropriate lot can be provided. The lot is constrained by flooding, bushfire and
biodiversity protection requirements. Whilst the applicant has provided a Building envelope outside
the PMF, they have failed to demonstrate a suitable access to the rear lot across the waterway in
flood events and that a sufficient bushfire buffer can be provided for the building envelope given
the scheme’s requirement to rehabilitate the riparian buffer and wildlife link.
Despite requests to provide this information so that Council cannot fully consider the facts and
circumstances surrounding these constraints in more detail, the applicant has chosen not to
provide the information needed. Accordingly, the application is 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            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 32 of 63

Section 33

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   6 SEPTEMBER 2022


                                                                       Attachment 1




                                                       Page 33 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                  6 SEPTEMBER 2022

                                                                                                                                                 Attachment 1
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                                                                                        Page 33 of 63

Section 34

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 6 SEPTEMBER 2022


4     TRANSPORT AND MAIN ROADS ENVIRONMENTAL OFFSETS

Author            Principal Environment Officer (Acting), Dave Burrows
                  Environment and Sustainable Development Department

Index             ECM/ Environmental Management/ Sustainability

Attachments       1.    Six Mile Creek Bridge Replacement Offset Report –TMR (43 page
                        attachment provided separately to this agenda)


EXECUTIVE SUMMARY
The purpose of this report is to advise that Council staff have commenced negotiations with
Department of Transport and Main Roads (TMR) regarding use of Council land as environmental
offset receiving sites. Environmental offsetting is required when development and construction
activities impact on environmental values listed under Commonwealth and State legislation. If
Council has suitable land it may be able to offer the land as a direct offset receiving site with a
suitable financial contribution from the proponent to develop an offset restoration plan and establish
and maintain the environmental offset to the specified standard.
Environmental Services staff have developed a draft environmental offset policy and associated
guideline which is currently undergoing internal consultation. This policy and guideline will provide
a governance and operational framework for the consistent assessment, management and delivery
of environmental offsets on council controlled lands. Environmental offsets will be delivered in
response to unavoidable and unmitigated impacts to biodiversity values from development within
Noosa Shire.
This will be reported to Council at a future date when the internal consultation process is concluded.

RECOMMENDATION
That Council note the report by the Acting Principal Environment Officer to the Planning &
Environment Committee Meeting dated 6 September 2022 and request the Chief Executive Officer:
A.    Continue negotiations with Transport and Main Roads Department about opportunities for
      use of suitable land as environmental offset receiving sites and update Council on the
      outcomes; and
B.    Bring forward a report on Council’s Environment Offset Policy and associated guideline, after
      initial consultation has concluded.


REPORT
Environmental offsets compensate for unavoidable impacts on significant environmental matters
on one site, by replacing the unavoidable impacts at another site, and managing the offset land
over a period of time, to replace those significant environmental matters which were lost. The
hierarchy of control is that environmental impacts must first be avoided, if avoidance is not practical,
mitigation measures should be considered before the use of offsets for any remaining impact.
Council’s Environment Strategy 2019 includes targets for which offsets are an important
mechanism for achieving biodiversity and water quality outcomes:
     By 2030 there is no net loss of ecosystem values across the shire;
     By 2030 half of all land in Noosa Shire is managed for its environmental values;
     By 2030 populations of key threatened indicator species remain viable;
     By 2030 the Noosa River and Mary River catchments achieve an A rating for their
      environmental health;
                                                                                        Page 34 of 63

Section 35

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 6 SEPTEMBER 2022


Council’s Environment Levy Policy 2020 identifies the acquisition of environmentally significant
land as part of a wider strategy for landscape protection and the preservation of biodiversity in
Noosa Shire.
The Department of Transport and Main Roads (TMR) is one of several State agencies whose
construction works can have significant impacts on biodiversity values (including within Noosa
Shire). TMR are currently preparing for replacement of the Six Mile Creek bridge on the Pomona
Kin Kin Road with work expected to commence in late 2022. Attachment 1 describes the project
and the impacts on habitat and species listed under Commonwealth and State legislation. In
summary it was identified that the project will impact 0.17 hectare of a threatened ecological
community under the Environmental Protection and Biodiversity Conservation Act (Lowland
subtropical rainforest) and 3.17 hectares of mapped Koala habitat under State legislation. The
offset requirements for these impacts are stated in section 3.2.3.3 of the report and are:
     Establishment and maintenance of 0.9 hectare of lowland subtropical rainforest
      (Commonwealth offset assessment).
     Establishment and maintenance of 12.7 hectares of Koala habitat (Queensland financial
      settlement offset calculator).
Under the Queensland Environmental Offset Policy, an offset package may include land-based
offsets, actions in a direct benefit management plan, or a financial settlement offset (where the
proponent pays the Qld Govt a specified figure for an offset to be delivered at a future date).
Up to now land based offset receiving sites from environmental impacts from TMR (and other
agencies) activities within Noosa Shire have largely been delivered in other local government
areas. For example, Sunshine Coast Regional Council has a well-resourced environmental offsets
program in place with agreements in place with agencies such as TMR and Energex.
Noosa Council staff are now working with TMR to formalise an agreement to deliver land-based
offsets within the Noosa Shire, with the Six Mile Creek bridge offset being a potential test case.
The agreement will outline roles and responsibilities of each party, identify the offset receiving site
and relevant requirements and financial arrangements.
Within Council’s conservation estate, there is one property that has potential to receive offsets from
numerous projects moving forward. This is 1280 McKinnon Drive (Cooloothin Nature Refuge)
purchased under Council’s Environment levy land acquisition program in 2015. The 106 hectare
property contains 61 hectares of regrowth vegetation that is not mapped as Koala habitat and as
such is available to deliver Koala offsets (Map 1). Before it was cleared the land contained an
endangered Regional Ecosystem (RE 12.5.2) so the land could also be used as a receiving site to
replace that specific Regional Ecosystem under State Policy. There are other Council managed
bushland reserves that may also be suitable offset receiving sites, though with less area of land
suitable (most Council reserves contain mapped remnant vegetation).




                                                                                       Page 35 of 63

Section 36

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                   6 SEPTEMBER 2022




                             Cooloothin Nature Refuge
      (green areas are mapped Koala Core habitat area the balance is regrowth)




                                                                         Page 36 of 63

Section 37

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 6 SEPTEMBER 2022


There are 2 benefits to Council and the Noosa community from partnering with external agencies
such as TMR to offer Council land as offset receiving sites.
1.     It helps achieve Council’s target for no net loss of ecosystem values.
2.     Financial benefit: Although specific financial arrangements haven’t been negotiated, it is
       likely that financial payment from TMR for land based offsets would be at least $20,000 per
       hectare over the life of the offset project. This is for assisted regeneration and some infill
       planting of Koala food trees (such as is occurring in the Yurol Ringtail project). Full
       environmental reconstruction on a cleared site would be more expensive. These funds would
       directly benefit local businesses and their staff through provision of environmental restoration
       services and materials. The McKinnon Drive property has the potential to attract funding of
       $1.2 million over the 61 hectares of land available for offsetting.
Previous Council Consideration
Nil
Finance
Significant financial benefits for the Shire.
Risks & Opportunities
No identified risks. Opportunities to improve environmental values within key bushland reserves
and attract funding that will benefit local businesses.
Consultation
External Consultation - Community & Stakeholder
Department of Transport and Main Roads
Internal Consultation
Environmental Services section.
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




                                                                                         Page 37 of 63

Section 38

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               6 SEPTEMBER 2022


6.    REPORTS FOR NOTING BY THE COMMITTEE


5     PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JULY 2022

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

Index             ECM/Subject/ All Applications

Attachments       1.   List of Applications decided by Delegation of Authority for the month
                       of July 2022


EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 6 September 2022 regarding planning applications that
have been decided by delegated authority.


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 July
2022 (excluding applications seeking to remove a tree(s) adjacent to a building or structure):




                                                                                     Page 38 of 63

Section 39

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                6 SEPTEMBER 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                      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 39 of 63

Section 40

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   6 SEPTEMBER 2022


                                                     Attachment 1




                                                       Page 40 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                6 SEPTEMBER 2022

                                                                                                     Attachment 1

                                          Decision Issued Under Delegated Authority
      1    Application ID:       132000. 2001 86.1
           Application Type:     Material Change of Use - Minor Change to Approval
          Applicant:              Sparks Architects
           Registered Plan:      Lot 21 SP 111721
           Location:             Noosa Dunes 21/512 David Low Way, Castaways Beach
           Proposal:             19636 DA - 21/ - Changes - Additions to Dwelling House (Dwelling in S.D.P.A)
          Decision:              Approved
           Decision Made Date:   08/07/2022
      2  ApplicationID:         1920012100764.
           Application Type:     Material Change of Use - Minor Change to Approval
          Applicant:              BAM 88 P/L
           Registered Plan:      Lot 1 SP 163791, SP 163791
           Location:             Arti's Villas 1/8 Noosa Drive, Noosa Heads
           Proposal:             21495 DA - Change to Dual Occupancy (Gazebo, Deck & Garden to Unit 1)
           Decision:             Approved
           Decision Made Date:   04/07/2022
      3 = Application ID:        132006. 2684.03
           Application Type:     Material Change of Use - Minor Change to Approval
          Applicant:              Studio Steel
           Registered Plan:      Lot 15 SP 301607
           Location:             15 Lower Mill Road, Cooroy
           Proposal:             Change to DA - Additions to Existing Industrial Building (Industrial Business Type 2) - Studio
          Decision:              Approved
           Decision Made Date:   12/07/2022

                                                                                                          Page 1 of 10

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Section 41

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   6 SEPTEMBER 2022




                                                       Page 41 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                              6 SEPTEMBER 2022

      4   Application ID:       51988.2764.01
          Application Type:      Material Change of Use - Minor Change to Approval
          Applicant:            Gisele Matos, Marcelo Matos
           Registered Plan:     GTP 2167, Lot 1 GTP 2167, Lot 2 GTP 2167
           Location:            “Orient Pacific” 1/31 & 2/31 Orient Drive, Sunrise Beach
           Proposal:            TPC 2107 -Change to DA - Additional Pool & Move Garage
          Decision:             Approved
           Decision Made Date:   11/07/2022
      5  ApplicationID.     | DBW220012         «2°
           Application Type:     Building Works - Code
          Applicant:            Abbey Anderson, Rick Anderson
           Registered Plan:      Lot 10 RP 28718
           Location:            54 Ward Street, Tewantin
           Proposal:             Dwelling House (Setbacks, Length of Wall, Roof Pitch/Eaves)
           Decision:            Approved
           Decision Made Date:  28/07/2022
      6  ApplicationID.     | DaW2m001                   |
           Application Type:     Building Works - Code
          Applicant:             Cornerstone Building Certification
           Registered Plan:      Lot 10 SP 315578
           Location:            3 Robin Place, Lake Macdonald
           Proposal:            Secondary Dwelling (Ex 65sqm
          Decision:             Approved
           Decision Made Date:  05/07/2022

                                                                                                        Page 2 of 10

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Section 42

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   6 SEPTEMBER 2022




                                                       Page 42 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                             6 SEPTEMBER 2022

      7   Application ID:       DBW/22/0058
          Application Type:     Building Works - Code
          Applicant:             EarthCert Pty Ltd
           Registered Plan:     Lot 12 RP 888574
           Location:            57 Woodhaven Way Cooroibah Qld 4565
           Proposal:            Pool in Riparian Buffer Zone - EarthCerty Pty Ltd
          Decision:             Approved
           Decision Made Date:  08/07/2022
      8  ApplicationID.    | DaW2200000
          Application Type:     Building Works - Code
          Applicant:            Michelle Ann Norton
           Registered Plan:     Lot 14 SP 248179
           Location:            52-78 Coachwood Terrace, Black Mountain
           Proposal:            Secondary Dwelling (exceeding 65sqm) within 200m of Agricultural Land
           Decision:            Approved
           Decision Made Date:  18/07/2022
      9 ApplicationID.     | DBW22000
          Application Type:     Building Works - Code
          Applicant:             Dukes Workshop Pty Ltd
           Registered Plan:     Lot 1 SP 263775
           Location:            29A Jirrima Crescent, Cooroibah
           Proposal:            Additions to Dwelling House, Shed and Horse Arena over 500sqm
           Decision:            Approved
           Decision Made Date:  20/07/2022

                                                                                                       Page 3 of 10

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Section 43

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   6 SEPTEMBER 2022




                                                       Page 43 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                               6 SEPTEMBER 2022

      10   Application ID:       DBW/22/0072
           Application Type:     Building Works - Code
          Applicant:             Century Pools (Sam Ihle)
           Registered Plan:      Lot 194 SP 157049
           Location:             13 Crab Apple Court, Black Mountain
           Proposal:             Pool in Riparian Buffer Area
           Decision:             Approved
           Decision Made Date:   15/07/2022

      11.  Application ID:       DBW/22/0095
           Application Type:     Building Works - Code
          Applicant:              Noosa Agricultural Horticultural & Industrial Society Inc.
           Registered Plan:      Lot 4 RP 35077, Lot 2 RP 47620
           Location:             19 Pavilion Street & 26 Exhibition, Pormona
           Proposal:             Shade Structure - Noosa Agricultural Horticultural & Industrial Society
          Decision:              Approved
           Decision Made Date:   13/07/2022

      12   Application ID:       EXE22/0014
           Application Type:     Exemption Certificate - Planning Act Request
          Applicant:              EarthCert Pty Ltd
           Registered Plan:      Lot 1 SP 326083
           Location:             108 Black Mountain Range Road, Black Mountain
           Proposal:             Exemption from Code Assessment for Landslide
           Decision:             Approved
           Decision Made Date:   05/07/2022

                                                                                                         Page 4 of 10

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                                                       Page 44 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                              6 SEPTEMBER 2022

      13  Application ID:       MCU19/0001.01
          Application Type:     Material Change of Use - Minor Change to Approval
          Applicant:             Heritage Motel Investments P/L TTE
           Registered Plan:     Lots 703, 704 & 705 C 5602
           Location:            6-10 Diamond Street, Cooroy
           Proposal:            Pre Request Response - Change to SARA Plans (Comm Business Type 1 Office, Retail
                                Business Type 2 Shop & Salon & Multiple Housing Type 4 Conventional (4 units
          Decision:             Approved
           Decision Made Date:  19/07/2022
      14 Application ID: «-MCU21015600—«202@202~2~”~O””—OOOO
          Application Type:     Material Change of Use - Minor Change to Approval
          Applicant:             Davrus P/L TTE
           Registered Plan:     Lots 80 & 81 RP 71151, Lot 1 RP 130594
           Location:            89, 91 & 93 Eumundi Noosa Road, Noosaville
           Proposal:            Change to DA - Fencing (Multiple Dwelling (22 units
          Decision:             Approved
           Decision Made Date:  08/07/2022

      15  Application ID:       MCU22/0003 & OPW22/0014
           Application Type:    Material Change of Use - Code
          Applicant:             Maroolingar P/L TTE
           Registered Plan:     Lot 4 SP 324340
          Location:              3 Taylor Court, Cooroy
           Proposal:            Low Impact Industry & Caretakers Accommodation & Operational Works
          Decision:             Approved
           Decision Made Date:  04/07/2022

                                                                                                        Page 5 of 10

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                                                       Page 45 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                             6 SEPTEMBER 2022

      16  Application ID:       MCU22/0049 & OPWV22/0090
          Application Type:     Material Change of Use - Code
          Applicant:            Paul Gerard McHugh, Jendev Pty Ltd TTE
          Registered Plan:      Lot 35 RP 48113
          Location:             168 Edwards Street, Sunshine Beach
          Proposal:             Dual Occupancy & Operational Works
          Decision:             Approved
          Decision Made Date:   19/07/2022
      17 ApplicationID:    | -MCU2O0S3—t—~C=s~s=‘—S*S*S”S”S”S”SSS
          Application Type:     Material Change of Use - Code
          Applicant:             Trifecta Properties P/LTTE, Relette Holdings P/L TTE
           Registered Plan:     Lot 7, 8, 9, 10,11 &12 BUP 7331
          Location:             Sunshine Centre 28 Sunshine Beach Road, Noosa Heads
          Proposal:             Educational Establishment
          Decision:             Approved
          Decision Made Date:   07/07/2022
      48 ApplicationID: | OPW21086101—=*=“‘<2C *S~S*‘“‘                     UWS
          Application Type:     Operational Works - Minor Change to Approval
          Applicant:             Altum Properties No. 9 P/L TTE
          Registered Plan:      Lot 1 RP 230931, Lot 61 RP 69404, Lot 1 RP 849431
          Location:             99,101 & 105 Eumundi Noosa Road, Noosaville
          Proposal:             Minor Change Modify Condition 5 -- Roadworks, Landscaping, Stormwater, Earthworks,
                                Access, Carparking - Altum Property Group C/- JFP Urban Consulting
          Decision:             Approved
          Decision Made Date: = 22/07/2022

                                                                                                       Page 6 of 10

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                                                       Page 46 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                6 SEPTEMBER 2022

      19   Application ID:       OPW22/0100
           Application Type:     Operational Works - Code
          Applicant:              Davrus P/LTTE, SCG Consulting Engineers
           Registered Plan:      Lot 80 RP 71151, Lot 1 RP 130594, Lot 81 RP 71151
           Location:             89, 91 & 93 Eumundi Noosa Road, Noosaville
           Proposal:             Road work, Drainage work, Landscaping, Stormwater, Earthworks, Clearing Vegetation
          Decision:              Approved
           Decision Made Date:   15/07/2022

      20   Application ID:       OPW22/0123
           Application Type:     Operational Works - Code
          Applicant:              Blue Care
           Registered Plan:      Lot 9 SP 322789
           Location:             1 Grasstree Court, Sunrise Beach
           Proposal:             Landscaping
          Decision:              Approved
           Decision Made Date:   15/07/2022

      21   ~=Application ID:     OPW22/0145
           Application Type:     Operational Works - Code
           Applicant:             Professional Certification Group Pty Ltd
           Registered Plan:      Lot 57 N 21851
           Location:             26 Dayspring Street, Sunrise Beach
           Proposal:             Vehicle Crossover
           Decision:             Approved
           Decision Made Date:   15/07/2022

                                                                                                          Page 7 of 10

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                                                       Page 47 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                             6 SEPTEMBER 2022

      22  Application ID:       OPW22/0150
          Application Type:     Operational Works - Code
          Applicant:            Stephen Perry Dautel
          Registered Plan:      Lot 225 RP 48111
          Location:             25 Dwyer Street, Sunshine Beach
           Proposal:            Vehicle Crossover
          Decision:             Approved
           Decision Made Date:  12/07/2022

      23  Application ID:       OPW/22/0164
          Application Type:     Operational Works - Code
          Applicant:            lan Arthur Charlier, Jenny-Lea Charlier
           Registered Plan:     Lot 708 RP 48111
           Location:            22 Belmore Terrace, Sunshine Beach
           Proposal:            Vehicle Crossover
          Decision:             Approved
           Decision Made Date:  05/07/2022
      24 Application ID. OPW220175t=t=C<CSC*i‘(iti=<CS!!!
          Application Type:     Operational Works - Code
          Applicant:            Daniel Dale
           Registered Plan:     Lot 2 RP 149496
           Location:            122 George Street, Tewantin
           Proposal:            Vehicle Crossover
          Decision:             Approved
           Decision Made Date:  28/07/2022

                                                                                                       Page 8 of 10

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                               6 SEPTEMBER 2022

      25   Application ID:       RAL22/0007
           Application Type:     Reconfiguring a Lot - Code
          Applicant:             Endeavour Foundation
           Registered Plan:      Lot 1 RP 864131
           Location:             83 Butler St TEWANTIN QLD 4565
           Proposal:             Reconfiguration of a Lot (1 into 5)
          Decision:              Approved
           Decision Made Date:   15/07/2022

      26   Application ID:       RAP21/0043
           Application Type:     Referral Agency Planning - Referral Agency Response - Planning
          Applicant:             Gregory Edward Harris
           Registered Plan:      Lot 41 RP 81810
           Location:             33 Seaview Terrace, Sunshine Beach
           Proposal:             Dwelling House (Height & Setback)
          Decision:              Approved
           Decision Made Date:   15/07/2022

      27 = Application ID:       RAP22/0004
           Application Type:     Referral Agency Planning - Referral Agency Response - Planning
          Applicant:             Gerard Francis Johnson
           Registered Plan:      Lot 53 RP 41223
           Location:             30 Hilton Terrace, Tewantin
           Proposal:             Dwelling House (Height, Fence Height & Setbacks)
          Decision:              Approved
           Decision Made Date:   29/07/2022

                                                                                                         Page 9 of 10

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                                                       Page 49 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                            6 SEPTEMBER 2022

      28  Application ID:       RAP22/0005
          Application Type:     Referral Agency Planning - Referral Agency Response - Planning
         Applicant:              Fluid Building Approvals Sunshine Coast
          Registered Plan:      Lot 194 RP 94023
          Location:             22 Wyona Drive, Noosa Heads
          Proposal:             Dwelling House (Setbacks, Site Cover, Roof pitch, Eaves & Front fence)
          Decision:             Approved
          Decision Made Date:   06/07/2022
      29 ApplicationID.     | ~-RAP200002 2
          Application Type:     Referral Agency Planning - Referral Agency Response - Planning
         Applicant:             Gayle Yvonne Hall, Simon Alexander Hall
          Registered Plan:      Lot 13 N 10576
          Location:             27 Wyuna Drive, Noosaville
          Proposal:             Dwelling House (Height, Setbacks & Earthworks)
          Decision:             Approved
          Decision Made Date:   11/07/2022

                                                                                                     Page 10 of 10

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Section 50

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                             6 SEPTEMBER 2022


6    POLYSTYRENE ROUNDTABLE

Author           Environment Officer Coastal Management, Melissa Coyle
                 Environment and Sustainable Development Department

Index            ECM/ Environmental Management/ Sustainability

Attachments      1.    Polystyrene Round Table Minutes


EXECUTIVE SUMMARY
Council hosted a four-hour Polystyrene Round Table on Thursday 21 July 2022 to share
information and reflections on the impacts of pontoon and polystyrene debris on Noosa’s beaches,
and logistical challenges with its removal. Frank discussion from diverse points of view from key
government, environmental and community stakeholders yielded wide-ranging recommendations
to improve local and regional disaster response approaches, better engagement with community
groups, and better regulation and design standards for pontoons. Council is in discussion with
government, environmental and community stakeholders to consider and advance the
recommendations.

RECOMMENDATION
That Council note the report by the Environment Officer Coastal Management to the Planning &
Environment Committee meeting dated 6 September 2022 providing an update on the Polystyrene
Roundtable.

REPORT
Eighteen damaged pontoons from the Brisbane River floods in February 2022 washed up on
Noosa's beaches during March, along with other flood debris. The polystyrene used as pontoon
floatation was exposed and spread into the environment. The pontoons, other flood debris and lots
of large and small polystyrene pieces have been removed with a combination of Council and
community efforts and a mix of manual and mechanical techniques. Small, scattered pockets of
polystyrene beads, buried in the sand, continue to be exposed by wind and wave erosion, and
need regular, small clean-ups.
Council brought together a roundtable meeting to develop recommendations to better plan for, and
respond to, future marine debris disasters. The recommendations were compiled from the
roundtable presentations and discussions and are being distributed to participants for further
consideration.
1.   Polystyrene Roundtable
The Roundtable was hosted in the Noosa Council Chambers in Tewantin and online. The format
was a series of presentations from stakeholders who responded to the event, with time for
discussion after each – please see the minutes (provided at Attachment 1) for an attendee list and
discussion points. The diversity of views and the robust and frank discussion added real strength
and value to the recommendations. The Roundtable process is an effective format to build and
strengthen relationships with Council, government agencies, and environmental and community
stakeholders.
2.   Recommendations
Over-arching agreement was reached that extreme weather, marine debris events and other
environmental disasters are likely to be more common as the impacts of climate change increase.
Recommendations focused on improving State Government and Council responses to future
marine debris and coastal environmental disasters to reduce environmental, social, and financial

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impacts. Themes included lobbying for better recognition of marine debris events as pollution
incidents, better incorporating environmental considerations into disaster operations, and
developing regional and local relationships and disaster response processes.
Improving information accuracy and availability, better collaborating with community organisations
and residents and developing coastal clean-up resource hubs were also suggested. Reviewing
pontoon regulation, identification, construction, and tethering standards in response to expected
climate change impacts was also strongly supported.
3.     Future actions
The recommendations are being circulated to participants for consideration for future
implementation by the various agencies and organisations, while discussions to advance future
collaboration efforts are already happening. These include external discussions with Sunshine
Coast Council and community organisations about the potential for proactive community coastal
clean-up activities and internal discussions about disaster response processes. Discussions with
State agencies on improved disaster management processes and regulations is also ongoing.
Council continues to monitor for polystyrene beads on the beach and dunes and Queensland
Reconstruction Authority funding has been sought to continue Council and community
collaborations to address the expected small, irregular clean-ups needed as buried polystyrene
continues to be exposed by erosion.

Previous Council Consideration
Nil.

Finance
The wide-ranging recommendations from the Roundtable may have a positive impact on existing
and new Council, government and community disaster management processes and responses.
Better planned, timely and coordinated responses to future marine debris and coastal
environmental disasters are likely to reduce Council’s financial costs, both by reducing their impact
and extent and by facilitating participation by a wider pool of potential responders and volunteers.
Environmental and social impacts and subsequent costs are also likely to be reduced.
The specific recommendations from the Roundtable are yet to be costed as they are only
recommendations for consideration by the various agencies and organisations at this point. The
financial implications for Council will be considered as recommendations are further assessed for
implementation and may be subject to future Council budget bids.

Risks & Opportunities
Noosa Environment Strategy 2019 identifies the social and environmental values of coastal
ecosystems, and several targets and outcomes require them to be protected and enhanced. Noosa
Coastal Hazards Adaptation Plan 2021 describes coastal hazard risks from extreme weather and
requires appropriate, effective disaster responses that incorporate expected climate change. The
Noosa Liveability Study 2022 identified Noosa’s coastal landscapes and beaches as an essential
part of the local ‘look and feel’ and liveability that could be badly affected by future marine debris
and coastal environmental disasters.
Extreme weather events and accompanying marine debris and coastal environmental disasters
are becoming more likely as climate change continues. Learning from Council’s experiences from
this series of extreme weather events, the Roundtable recommendations, and the stronger
relationships developed through the Roundtable process will contribute to better disaster planning
and responses.




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                  6 SEPTEMBER 2022


Consultation
Departments/Sections Consulted:


 X   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   X   Infrastructure Services
     Director                      Director                                    Director
     Community Engagement          Building & Plumbing Services                Asset Management
     Customer Service              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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                                                       Page 53 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   6 SEPTEMBER 2022

          lefe) NOOSA
          @     | COUNCIL
                                                                                     ATTACHMENT 1

                                 Polystyrene Roundtable

               Held at 8:30 am - 12:30 pm, Thursday 21 July 2022 in the Noosa Council
                                            Chambers, Tewantin
             Purpose:
                -  Share information and learn from key government, environmental and community
                   stakeholders on the recent polystyrene pollution disaster on Noosa beaches.
                -  Develop recommendations for planning and responding to future marine debris disasters
                   more efficiently.
            Chair: Clare Stewart, Mayor, Noosa Shire Council (NSC)
            Attendees
            Name                                   | Roleand organisation

                                                     Foundation

                                                     Council

                                                     member

             —                                     eeeeae
             Aaron Purchase                          Regional Operations Manager Sunshine Coast
                                                     Queensland

                                                     Compliance Officer DES

                                                     Reconstruction Authorit

                                                     Systems

                                                     Regional Council
                                                     Council

             Minutes - Polystyrene Round Table - 21 July 2022                                Page 1

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                                                       Page 54 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               6 SEPTEMBER 2022

                                                  Planning Manager Sunshine Coast Council

                                                  Development NSC

                                                  Engagement NSC

                                                  Foreshores

            Minutes - Polystyrene Round Table - 21 July 2022                            Page 2

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                                                       Page 55 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                          6 SEPTEMBER 2022

               1.0. Welcome by Chair
               Mayor Clare Stewart acknowledged the Traditional Owners of the land and thanked the community
               for efforts during the polystyrene disaster.
               1.1.   Round table introductions

              2.0.    Polystyrene Event Outline

               2.1.   Chronology of Pollution Events — Presentation by CEO NSC
               Discussion:
               The polystyrene debris on Eastern Beaches in March 2022 year was an unprecedented
               environmental disaster. Impacts could have been reduced with a more efficient environmental
               disaster response and clear roles and responsibilities. There are useful lessons arising from this
               event that can help building disaster management capabilities for future events.
               There are long-term impacts from polystyrene on wildlife and food chain contamination, as the
               polystyrene will probably never be fully removed from the sand and dunes system.
               Prompt removal of pontoons from surf and polystyrene debris containment is best practice to
               reduce pollutant dispersal.
               The large pontoons posed a safety risk to swimmers and surfers.
               Better use of ocean current simulators to predict flood debris movement across the region
               may be able to provide an early warning system for future events.
               NSC acknowledged the importance of the event and the likelihood of more frequent major weather
               events of this type in the future due to climate change.
               Local and state governments need to learn, adapt, and work toward a more resilient community,
               explore best practices for employing and developing new problem-solving technologies, and work
               closely with community groups and volunteers during major events like this one.

              Minutes - Polystyrene Round Table - 21 July 2022                                      Page 3

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                            6 SEPTEMBER 2022

                1. MSQ perspective - Presentation by General Manager MSQ
               Discussion:
               There were rapid changes in weather conditions, from severe to extreme, meaning staff were
               stretched, and access to the Brisbane River restricted. At least 300 pontoons were lost, and over
               7,000 tonnes of debris removed from across south-east Queensland. There was significant
               damage to navigational aids, loss of a ferry, wharves, and a tanker loose in the Port.
               Local governments have been requested to provide cost figures to QRA on the recovery efforts
               and cleanup. NSC CEO offered to provide NSC costs.
               Monitoring polystyrene pollution impacts on the environment and wildlife (including locations and
               outcomes) should be included in the costs as the long-term effects are still unknown.
               MSQ to undertake a root cause analysis to better understand why so many polystyrene-filled
               structures broke away and adopt a preventive response for future flood events. This includes
               manufacturing standards for whole of life and installation, the need for inspections and ID
               requirements on pontoons and decommissioning standards including recycled materials.
               Risk analyses and standards review of pontoon building material is needed in light of increased
               extreme weather events. Tracking devices on pontoons will assist with the thousands of pontoons
               which are not registered to an owner. Past products standards, particularly regarding tethering,
               are not aligned with the increase in severity of climate events.

              Minutes - Polystyrene Round Table - 21 July 2022                                         Page 4

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                           6 SEPTEMBER 2022

               4.0.   Perspectives from Noosa Shire Council — Presentation by Director Infrastructure
                      Services and Project Coordinator Coastal, Flooding and Foreshores
               Disaster management first-response deals with personal safety first and the safe deployment and
               operation of machinery and equipment. Council staff were dealing with flood response across the
               whole of the shire ensuring safety and access; resources were stretched.
               There was no loss of life or serious injuries during this extreme Noosa Shire flood event.
               4.1.  Operational Challenges
                  e   Pontoon size and weight required chains rather than slings, which were not readily
                      available to enable the quick removal of the pontoons off the beaches.
                  e   Suitability of equipment - Mechanical groomer worked well on high tide mark
                  e   Difficulty sourcing large machinery and time delays transporting machinery to Noosa.
                  e   Lack of beach access to move in the large machinery.
               4.2.   Lessons Learnt

                  e   Pre-warning is essential to facilitating a prompt response.
                  e   Better beach accesses for large machinery is needed at suitable sites.
                  e   Ensure machinery to operate within various capacity limits are identified and available.
                      SCC should be approached for assistance.
                  e   Not breaking pontoons apart on the beach and moving large pontoon units resulted in less
                      clean-up being required afterwards.
                  e   Avoid polystyrene breaking down into small beans as it becomes more difficult to remove
                      from sand and dune system.
                  e   Need to work hand in hand with agencies to streamline efforts.
               4.3.   New Technologies

               Beach groomer and vacuum cleaner to remove smaller polystyrene from sand
               Vacuum cleaners fill up with sand quickly and fail to collect a large quantity of polyfoam, raising
               secondary impact on landfill.
               Discussion:
               NSC decided not to break pontoons to facilitate their removal from the beach. The pontoons were
               made of concrete, metal, and polystyrene, requiring multiple tools. It was difficult to reduce their
               size without releasing lots of polystyrene.
               Helicopters were considered and discussed with ADF, but the weight of the pontoons were above
               helicopter capacity.
               Vacuum cleaners were used on several occasions but ended up collecting more sand than
               polystyrene once the polystyrene was scattered.
               Pontoons should be built with different materials and manufacturing standards. Registration
               status, compliance and regulations need to be reviewed.
               Development of a local disaster working group is needed to respond to environmental disasters.
               Community coastal cleanup working groups would be beneficial, with collaborative support from
               Council.

              Minutes - Polystyrene Round Table - 21 July 2022                                        Page 5

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                            6 SEPTEMBER 2022

               5.0.   DES Perspective - Team Leader Waste Development and Southeast Compliance
                      Officer

               Existing requirements are in place under the Coastal Protection and Management Regulation
               (CPMR) 2017 for pontoon design.
               Review of regulation and practices needed to ensure the effectiveness of design standards for
               tethering systems and their ability to cope with large flood events.
               There is value in understanding if dislodged pontoons and infrastructure predate the 2017
               requirements.
               State’s CPMR requirements can be overridden         by local government planning scheme
               requirements where planning scheme requirements are more stringent. Further information for
               local governments to help with compliance and best practice standards is needed.
               The DES coastal branch is exploring review of the current processes which allow the rebuilding of
               2022 flood-damaged pontoons and structures without new DA requirements but incorporating the
               CPMR 2017 standard requirements.

               DES has a dedicated Pollution Hotline and funding available for clean-up activities. For more
               information and to report pollution incidents by phone, online or by email please see
               https://www.gld.gov.au/environment/management/pollution-
               management/reporting#:~:text=Phone day%2C%207%20days%20a%20week.
               Discussion:
               MSQ is in the process of reviewing pontoon building materials, potentially improving on the
               standard of wrapping of polystyrene to prevent pontoons from breaking apart.
               Concern about pontoon design guidelines and discussion about a standard regulation on keel
               shaped design and size to reduce drag. After the 2011 Brisbane River flood, ferry wharves were
               constructed in a shape similar to a ship keel and survived well. Both shape and angle to flow
               affects how the tethering system withstands flood events, both factors are being considered.
               Pontoons escaped due to both tether failure in flood (break, float off piles) and debris smashing
               into other pontoons, boats, and infrastructure.
               It may be possible to identify pontoon ownership through insurance claims, with opportunity to
               ensure the pontoon owner keeps the pontoon maintained within the standard. DES explained the
               difficulty involved in gathering proper evidence on standard compliance.
               MSQ plan to hold a series of workshops involving industry and manufacturers to review standards,
               including inclusion of a robust pontoon identification plate. This will require inspections and
               maintenance and regulation enforcement for insurance compliance requirements. It may be
               possible to link pontoon IDs with insurance requirements.

              Minutes - Polystyrene Round Table - 21 July 2022                                         Page 6

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               6.0.   Environmental Organisation Perspective — Director Ten Little Pieces
               Contributing environmental organisations for this presentation included Sea Shepherd, Tangaroa
               Blue, Cleanwater Group, Ocean Crusaders, Take 3 for The Sea, Coolum & North Shore Coast
               Care, Surfrider Foundation, Sunshine Coast Environmental Foundation, Reef Check Australia,
               and Ten Little Pieces.

               Environmental organisations worked collaboratively during the pontoon disaster to reduce and
               mitigate impacts caused by polystyrene debris.
               NSC environmental disaster response needs improvements and a range of recommended
               changes are required to avoid future impacts in collaboration with the community and other
               agencies.
               The impact of polystyrene pollution on sea animals and shorebirds is of extreme concern. Noosa
               Shire region has more than 300 endangered and vulnerable species. Only a fraction of the
               pollutants has been retrieved and disposed of. Polystyrene contains identified carcinogens and
               neurotoxins, it is easily ingested and absorbed by wildlife and lasts forever in the environment.
               Polystyrene pollution events should prompt the same response as an oil spill disaster due to
               toxicity and long-lasting effects of this pollutant on wildlife and the food chain.
               There is need for the development of a local disaster management group/coordinating mechanism
               to provide updates and ongoing emergency communication, including clear logistical information
               and maps with locations of debris and hazards. Centralised communication information and
               sharing including identification of pollution hotspots is required.
               Efficient community volunteer mobilisation with centralised media updates and daily briefing and
               updates is essential. This could include activation of a ‘phone tree’ of organisations with the
               capability to respond to environmental disaster emergency services.
               Council support for volunteer logistics and coordination would be helpful.
               Increase efficiency in resource allocation is needed with possible support from SES and military
               involvement where specialist equipment needed.
               There is need for identified debris collection points and access to landfill facilities at no cost to
               volunteers.

               Need machinery to move the pontoons above the tide zones and the provision of relevant
               equipment such as vacuums, brooms, sieves, containment barriers for regional and remote
               locations and beach buggies.
               Environmental organisations’ recommendations on emergency response methodology included
               communication, monitoring, debris retrieval, dispersal reduction, ongoing marine debris retrieval.
               Need a prompt response from natural disaster emergency services with mitigation activities
               underway within the first 24 to 48 hours of the event.
               Use of efficient containment measures with primary and secondary boundary protections to control
               and effectively contain material dispersal is needed.
               Also need GPS location and monitoring of the pollution movement.
               Appropriate pollution retrieval is needed that includes minimal material exposure and dispersal.

              Minutes - Polystyrene Round Table - 21 July 2022                                         Page 7

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Section 60

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   6 SEPTEMBER 2022




                                                       Page 60 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                              6 SEPTEMBER 2022

               Review and enforcement of current policies and regulations is needed. This includes requirements
               for identification plates to assist in tracking debris movement. Review pontoon design standards
               needs to be prioritized, including increasing pylon heights to prevent pontoons breaking loose.
               Consider banning the use of polystyrene in marine infrastructure - Compared polystyrene toxicity

                with that of asbestos and indicated the need to control polystyrene in the industrial environment.

               Use Save the Waves app to notify authorities in local disasters. The app uses snap send and
               solve principles on a global scale to notify stakeholders on emerging issues.
               Recovery of polystyrene is not over, and it will take time for the impacts of this event to unfold.
               The efforts of all environmental organisations which are still on the front line working to mitigate
               the negative effects of the 2022 flood event was acknowledged.

               7.0.   Community Perspective — Peregian Beach resident
               Photos of daily observations of the polystyrene debris disaster at Noosa open beaches were
               displayed, noting the Brahminy Beach Facebook page was the main source of information for
               many local residents.
               NSC failure to respond to the disaster promptly was highlighted- damages could have been
               reduced if a better response was implemented.
               Improvements to protect local coastal environment and build resilience in the community:
                   e   Noosa Council Disaster Management to review and include a coastal emergency disaster
                       response group.
                   e  A timely and informative dashboard that offers information from visitor agencies, web
                       pages and other areas where people go to gather information from trusted sources.
                   e   Emergency response that is timely and structured around the range of management
                      agencies.
                   e  Community needs clear direction about who will respond to coastal environmental
                      disasters.
                   e  Acoastal disaster management hub at one or more of the existing buildings along Noosa’s
                       Eastern Beaches, with relevant information and adequate clean up material housed in
                       ‘coastal cupboards’ on the side of toilet blocks.
               Importance of improved signage at the beaches during dangerous times was highlighted.
               The lack of clear communication about Noosa Council’s disaster management response reduced
               volunteers’ capability to work and mitigate polystyrene dispersal along the eastern beaches.
               The potential for a regional material recovery processing plant at Gympie was discussed.

              Minutes - Polystyrene Round Table - 21 July 2022                                           Page 8

                                                                                                      Page 60 of 63

Section 61

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   6 SEPTEMBER 2022




                                                       Page 61 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                           6 SEPTEMBER 2022

            8.0.   Recommendations

            Noosa Council CEO acknowledged all the discussion and wide-ranging recommendations from the Round
            Table.

            Recommendations compiled from the presentations and discussions are presented below for consideration
            for implementation by the nominated agencies and organisations.

            8.1. Build local and regional environmental disaster emergency | Local     Government    Association
            response governance arrangements with capacity to respond in a | Queensland, MSQ and DES
            timely manner. Identify and clearly document roles and responsibilities
            for the various management agencies for future marine debris and
            other pollution events.

            8.2. Advocate for significant marine debris to be a stand-up trigger for | Local Government Association
            State involvement in the clean-up process.                          Queensland,        environmental
                                                                                organisations,  and   community
                                                                                representatives.

            8.3. Establish a coastal disaster management hub at one or more of | Noosa  Council,  local  disaster
            the existing buildings along the eastern beaches.                   management group environmental
                                                                                organisations,  and   community
            Local disaster management group to update communications to help | representatives
            with council and community co-ordination and mobilization.
            Support volunteers by providing volunteer coordination, equipment
            and up to date information, including updates to a new online portal.

            8.4. Co-ordinate with Sunshine Coast Council, Gympie Council, local | Noosa Council, neighbouring local
            agency representatives and the community to develop centralised and | government areas, environmental
            local marine debris, coastal and environmental disaster procedures. | organisations, and  community
                                                                                representatives
            Improve containment methods and barriers to contain and minimise
            dispersal in future marine debris events.

            8.4. Implement a community information dashboard to provide | Noosa          Council,  environmental
            information using web pages, visitor centers and other areas where | organisations, and   community
            people go to gather information from trusted sources.               representatives

            8.5. Improve signage and other public information on the beaches | Noosa Council
            during dangerous times.

              Minutes - Polystyrene Round Table - 21 July 2022                                        Page 9

                                                                                                   Page 61 of 63

Section 62

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   6 SEPTEMBER 2022




                                                       Page 62 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                           6 SEPTEMBER 2022

            8.6. Upgrade some beach accesses to best practice standards to | Noosa Council
            facilitate emergency response.

            8.7. Gather information on the costs of responding to the crisis for | SEQ Council of Mayors and Local
            regional local governments. Build a case around the importance of | Government           Association
            improving standards and getting best practice response efforts in | Queensland
            place.

            8.8. Review and update the current 1 in 100 years event building | Local   Government    Association
            standard for flooding for pontoons to address more frequent extreme | Queensland, MSQ and DES
            events.

            Update pontoon, pile and attachment construction standards in
            response to expected climate change impacts
            Work with MSQ and DES to improve standards on designs and
            inspection processes, including:
               e   Pontoon identification plates
               e   Use of recycled and recyclable materials when possible
               e   Polystyrene not used where there is potential for release into
                   sensitive environments
               e   Pontoon outer layers designed to remain intact and better
                   contain floatation materials.
               e   Increase pylon height to prevent pontoon floating off them in
                   floods.
               e   Clear compliance inspection requirements and processes
               e   Mandatory insurance and compliance checks built into the
                   review of standards and guidelines
               e   Development application review, including review of DA
                   application process and exemption under the Act
               e   Tethering, and structural stability standards address expected
                   climate change impacts.
               e   Need for compliance checks, including tethering corrosion —
                   annual or every two years.

            8.9. Work in partnership with research groups and wildlife response | Noosa    Council,     research
            services to better understand the impact of polystyrene on wildlife and | institutes, SEQ Coast Care
            monitor its effect over time.                                       organisations

            8.10. Advocate for the use of more environmentally friendly materials | Local Government Association
            in marine infrastructure.                                           Queensland, DES, environmental
                                                                                organisations

            8.11. Create and widely publish articles, guidelines and other | Noosa       Council,  environmental
            information to document the pontoon and polystyrene disaster, | organisations,      and   community
            including what happened, reflections and assessment results and | representatives
            recommendations to improve responses to marine debris, coastal and
            environmental disaster procedures here and elsewhere.

              Minutes - Polystyrene Round Table - 21 July 2022                                       Page 10

                                                                                                   Page 62 of 63

Section 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   6 SEPTEMBER 2022


7.     CLOSED SESSION

Nil.




                                                       Page 63 of 63

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