Negotiated Report MCU21 0110.pdf

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                                       Landslide Hazard Overlay
                                       - High Hazard Area
                                       - Moderate Hazard Area

                  Assessment Type      Representations made to original approval

                  Report reviewed by   Nadine Gorton
                                       29.07.2025




Document Set ID: 23969548
Version: 5, Version Date: 30/07/2025


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Assessment Type

Report reviewed by

Document Set ID: 23969548
Version: 5, Version Date: 30/07/2025

Landslide Hazard Overlay
- High Hazard Area
- Moderate Hazard Area

Representations made to original approval

Nadine Gorton
29.07.2025

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               REPORT
               1.       BACKGROUND
               At the 15 May 2025 Ordinary Meeting Council resolved to issue a development approval for a
               Material Change of Use - Resort Complex and ancillary Bar, Food and drink outlet, Outdoor sport
               and recreation and Club (minor extension to existing clubhouse).
               The applicant suspended the appeal period on June 10, 2025, and made representations on 12
               June 2025 to the development approval conditions. The representations are detailed below but, in
               short, primarily relate to:
                    •    Reduction of the Performance Bond from $200,000 to $75,000.
                    •    Amendment to the security gate condition, limiting its requirement to the loading dock and
                         storage areas only, excluding the basement car park.
                    •    Reduction in bicycle parking spaces from 53 to 20.
                    •    Correction to the roof water harvesting condition to reflect reduced water demand,
                         consistent with the significantly downsized pool.
                    •    Minor modification to a landscaping condition to better align with bushfire management
                         requirements and allow greater flexibility in the pot size of replacement trees.
               At the time the application was publicly notified 442 objections and 1 submission in support were
               received, of these 395 were properly made.
               The submitters were primarily concerned with:
                    •    amenity impacts
                    •    traffic and road safety
                    •    noise
                    •    site suitability
                    •    environmental impact
                    •    noise pollution
                    •    inconsistency with the purpose of the Recreation and Open Space zone
                    •    the scale of the development
               2.       ASSESSMENT
               An assessment in relation to each of the submitted representations is provided below:
               Condition 24

               Performance Bond

               Security in the form of a cash bond or trading bank guarantee to the sum of $200,000 must be
               submitted to Council, to secure performance of all conditions of this approval, prior to 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 comments:

               The applicant understands other hotel or resorts developments in South-East Queensland have
               typically attracted performance bonds much lower. As the proposed bond of $200,000 is
               significantly above industry benchmarks and is also disproportionate to the risk profile of the
               development as:



Document Set ID: 23969548
Version: 5, Version Date: 30/07/2025


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REPORT
1. BACKGROUND

At the 15 May 2025 Ordinary Meeting Council resolved to issue a development approval for a
Material Change of Use - Resort Complex and ancillary Bar, Food and drink outlet, Outdoor sport
and recreation and Club (minor extension to existing clubhouse).

The applicant suspended the appeal period on June 10, 2025, and made representations on 12
June 2025 to the development approval conditions. The representations are detailed below but, in
short, primarily relate to:

e Reduction of the Performance Bond from $200,000 to $75,000.

e Amendment to the security gate condition, limiting its requirement to the loading dock and
storage areas only, excluding the basement car park.

e Reduction in bicycle parking spaces from 53 to 20.

e Correction to the roof water harvesting condition to reflect reduced water demand,
consistent with the significantly downsized pool.

e Minor modification to a landscaping condition to better align with bushfire management
requirements and allow greater flexibility in the pot size of replacement trees.

At the time the application was publicly notified 442 objections and 1 submission in support were
received, of these 395 were properly made.

The submitters were primarily concerned with:
e amenity impacts
e traffic and road safety
e noise
e site suitability
e environmental impact
e noise pollution
e inconsistency with the purpose of the Recreation and Open Space zone
e the scale of the development
2. ASSESSMENT
An assessment in relation to each of the submitted representations is provided below:
Condition 24

Performance Bond

Security in the form of a cash bond or trading bank guarantee to the sum of $200,000 must be
submitted to Council, to secure performance of all conditions of this approval, prior to 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 comments:

The applicant understands other hotel or resorts developments in South-East Queensland have
typically attracted performance bonds much lower. As the proposed bond of $200,000 is
Significantly above industry benchmarks and is also disproportionate to the risk profile of the
development as:

Document Set ID: 23969548
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                      •    it is to be developed in a single stage;
                      •    is subject to multiple overlapping controls, including Operational Works approvals,
                           certifications and multiple inspections; and
                      •    there are no new public roads or major public infrastructure handovers as part of the
                           project that usually attract a bond requirement given the potential for uncompleted
                           works to occur that could burden general community.

               It is also requested that the condition be amended to clarify when the bond will be returned given
               some of the conditions relate to operational issues, which are ongoing. It is suggested that the
               bond ought to be returned once the use has commenced and the infrastructure and other works
               required by the approval have been provided.

               Applicant’s request:

               Amend the amount of a cash bond or trading guarantee by replacing the sum of $200,000 with
               $75,000. Further, clarify that the bond will be returned once the use commences operation and the
               conditions of approval requiring specific infrastructure works have been completed and does not
               relate to ongoing operational issues.

               Assessment of Representation

               The original performance bond amount of $200,000 was adopted as it was consistent with the
               amount applied to another recent resort approval.

               Upon review, it is acknowledged that the other recently approved resort development involved a
               higher level of risk, particularly due to the extent of works within the road reserve, including the
               construction of an upgraded roundabout and the realignment of Council’s stormwater
               infrastructure.

               In contrast, the Noosa Springs development presents a lower risk profile, and as such, a reduction
               in the bond amount is considered reasonable.

               Whilst a bond of $75,000 was requested, a bond of $100,000 is considered appropriate in context
               of the risk associated with potential non-compliance. Accordingly, amendment to the condition to
               reflect a $100,000 performance bond is supported. The wording of the condition is also to be
               amended to clarify that the release of the Performance Bond may occur once a compliance
               inspection of the completed works has been undertaken, with the works to be complaint with the
               requirements of the approval.

               Condition 37

               Public Safety

               After hours access to loading docks, storage areas and the basement carpark (including the vehicle
               ramp and all stairwells) must be restricted by a security gate, lockable doors and/or other suitably
               appropriate means. The basement carpark must be kept closed and locked at all times while the
               use is not operating.

               Applicant’s comments:

               Currently it is not intended to install a security gate to the basement carpark. As the condition
               presumes this infrastructure, it is requested the condition be reworded to remove this requirement.
               Further, being a Resort Hotel, the operation will be 24 hours per day with staff on site to manage
               any unruly or unsafe behaviour in the basement should that be the reason to require gates to the
               basement carpark.



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e itis to be developed in a single stage;

e is subject to multiple overlapping controls, including Operational Works approvals,
certifications and multiple inspections; and

e there are no new public roads or major public infrastructure handovers as part of the
project that usually attract a bond requirement given the potential for uncompleted
works to occur that could burden general community.

It is also requested that the condition be amended to clarify when the bond will be returned given
some of the conditions relate to operational issues, which are ongoing. It is suggested that the
bond ought to be returned once the use has commenced and the infrastructure and other works
required by the approval have been provided.

Applicant’s request:

Amend the amount of a cash bond or trading guarantee by replacing the sum of $200,000 with
$75,000. Further, clarify that the bond will be returned once the use commences operation and the
conditions of approval requiring specific infrastructure works have been completed and does not
relate to ongoing operational issues.

Assessment of Representation

The original performance bond amount of $200,000 was adopted as it was consistent with the
amount applied to another recent resort approval.

Upon review, it is acknowledged that the other recently approved resort development involved a
higher level of risk, particularly due to the extent of works within the road reserve, including the
construction of an upgraded roundabout and the realignment of Council’s stormwater
infrastructure.

In contrast, the Noosa Springs development presents a lower risk profile, and as such, a reduction
in the bond amount is considered reasonable.

Whilst a bond of $75,000 was requested, a bond of $100,000 is considered appropriate in context
of the risk associated with potential non-compliance. Accordingly, amendment to the condition to
reflect a $100,000 performance bond is supported. The wording of the condition is also to be
amended to clarify that the release of the Performance Bond may occur once a compliance
inspection of the completed works has been undertaken, with the works to be complaint with the
requirements of the approval.

Condition 37
Public Safety

After hours access to loading docks, storage areas and the basement carpark (including the vehicle
ramp and all stairwells) must be restricted by a security gate, lockable doors and/or other suitably
appropriate means. The basement carpark must be kept closed and locked at all times while the
use is not operating.

Applicant’s comments:

Currently it is not intended to install a security gate to the basement carpark. As the condition
presumes this infrastructure, it is requested the condition be reworded to remove this requirement.
Further, being a Resort Hotel, the operation will be 24 hours per day with staff on site to manage
any unruly or unsafe behaviour in the basement should that be the reason to require gates to the
basement carpark.

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               Applicant’s request:

               Delete reference to ‘basement car park’ and the last sentence of the condition so it states:

               After hours access to loading docks and storage areas must be restricted by a security gate,
               lockable doors and/or other suitably appropriate means.

               Assessment of Representation

               The installation of a security gate to the basement is not required noting a time restriction has not
               been applied to when this area can be accessed. Amendment to condition 37 in the form proposed
               by the applicant is supported.

               Condition 51

               Pedestrian and Bicycle Facilities

               Pedestrian and bicycle facilities must be provided for the development. The works must include in
               particular:

                      a. signage and lighting at strategic locations to direct people to building entries and public
                         toilet facilities;
                      b. a total of 53 bicycle parking spaces; and

                      c. end of trip facilities involving 27 lockers, 6 showers and change rooms within the
                         development.

               Applicant’s comments:

               It is requested that the requirement have regard to the location of the site, existing bicycle use and
               reasonable anticipated use upon completion of the development, having regard to the nature of
               the use being for luxury tourist accommodation.

               The current operational experience at Noosa Springs shows minimal demand for bicycle parking
               by staff or guests. Three (3) staff members currently use a bicycle to commute to work and up to
               another five (5) customers use a bicycle to travel to the fitness facilities each day. Existing bicycle
               parking allocations within the clubhouse grounds are adequate for that use. The other parts of this
               condition are acceptable.

               The provision of 53 spaces, either incorporating or in addition to the existing use, is considered
               excessive and unnecessary and out of proportion to the current use and expected demand. It is
               suggested a revised requirement of 20 bicycle spaces would be more than adequate having regard
               to the nature of the proposed use and existing facilities.

               Applicant’s request:

               Amend the condition to replace ‘53’ with a minimum of ‘20’ bicycle spaces to be provided.

               Assessment of Representation

               Whilst it is acknowledged that 53 bicycle spaces is a significant number and likely oversupply of
               the amount of bicycle spaces required the proposed reduction to 20 is considered excessive, a
               reduction to 30 bicycle spaces is supported.




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Applicant’s request:

Delete reference to ‘basement car park’ and the last sentence of the condition so it states:

After hours access to loading docks and storage areas must be restricted by a security gate,
lockable doors and/or other suitably appropriate means.

Assessment of Representation

The installation of a security gate to the basement is not required noting a time restriction has not
been applied to when this area can be accessed. Amendment to condition 37 in the form proposed
by the applicant is supported.

Condition 51
Pedestrian and Bicycle Facilities

Pedestrian and bicycle facilities must be provided for the development. The works must include in
particular:

a. signage and lighting at strategic locations to direct people to building entries and public
toilet facilities;
b. a total of 53 bicycle parking spaces; and

c. end of trip facilities involving 27 lockers, 6 showers and change rooms within the
development.

Applicant’s comments:

It is requested that the requirement have regard to the location of the site, existing bicycle use and
reasonable anticipated use upon completion of the development, having regard to the nature of
the use being for luxury tourist accommodation.

The current operational experience at Noosa Springs shows minimal demand for bicycle parking
by staff or guests. Three (3) staff members currently use a bicycle to commute to work and up to
another five (5) customers use a bicycle to travel to the fitness facilities each day. Existing bicycle
parking allocations within the clubhouse grounds are adequate for that use. The other parts of this
condition are acceptable.

The provision of 53 spaces, either incorporating or in addition to the existing use, is considered
excessive and unnecessary and out of proportion to the current use and expected demand. It is
suggested a revised requirement of 20 bicycle spaces would be more than adequate having regard
to the nature of the proposed use and existing facilities.

Applicant’s request:

Amend the condition to replace ‘53’ with a minimum of ‘20’ bicycle spaces to be provided.
Assessment of Representation

Whilst it is acknowledged that 53 bicycle spaces is a significant number and likely oversupply of

the amount of bicycle spaces required the proposed reduction to 20 is considered excessive, a
reduction to 30 bicycle spaces is supported.

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               Condition 56

               Water quality and quantity

               Operating roof water harvesting tanks must be provided for the development. The tanks must be
               provided in accordance with an Operational Works approval and must include in particular:

                      a. a total tank capacity of 135,000 litres

                      b. a catchment of not less than 2,800m2 of the building roof area

                      c. re-use of harvested stormwater for non-potable outdoor uses including irrigation of
                         landscaped areas and swimming pool top-up.

               Applicant’s comments:

               The original rainwater harvesting tank volume was based on the evaporation rates calculated for
               a significantly larger pool surface area. The size of the swimming pools was reduced significantly
               as part of the minor change. In particular, the pool surface area has reduced by approximately 60%
               and a revised capacity of 54,000 litres reflects this proportional change.

               Although part of the landscaped areas within the hotel may be irrigated from the freshwater
               harvesting, a significant proportion on the landscaped areas would be irrigated from the Noosa
               Springs irrigation system that draws water from the freshwater lakes of Noosa Springs. It is noted
               that any rainwater not harvested and stored in the tank at the hotel would flow into the drainage
               system that eventually discharges into the freshwater lakes of Noosa Springs. Therefore, using
               that Noosa Springs lake water for irrigation purposes is making productive use of the rainwater
               harvested in another manner and does not require use of potable water.

               The combined roof areas of Pavilions 1 to 4 of the hotel has a total of 2,439m2 . Reducing the
               minimum catchment area to say 2,000m2 is reasonable and provides for some areas that may not
               be efficiently drained to the rainwater harvesting catchment. In any event, a smaller catchment is
               consistent with the lower volume of water proposed to be stored in the preceding subclause.

               Applicant’s request:

               Please replace 135,000 litres with 54,000 litres consistent with the amended pool design having
               a substantially reduced surface area.

               Amend the reference in the subclause of ‘2,800m2 ’ to ‘2,000m2 ’

               Assessment of Representation

               The condition was applied as part of the consideration of the original 106 room hotel and was not
               amended when the development was scaled back to 69 bedrooms. It is acknowledged that a
               reduction in the stormwater harvesting requirements to reflect the reduced building and swimming
               pool footprints is appropriate. Accordingly, it is agreed to amend the condition as requested by the
               applicant.

               Condition 67




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Condition 56
Water quality and quantity

Operating roof water harvesting tanks must be provided for the development. The tanks must be
provided in accordance with an Operational Works approval and must include in particular:

a. a total tank capacity of 135,000 litres
b. acatchment of not less than 2,800mz2 of the building roof area

c. re-use of harvested stormwater for non-potable outdoor uses including irrigation of
landscaped areas and swimming pool top-up.

Applicant’s comments:

The original rainwater harvesting tank volume was based on the evaporation rates calculated for
a significantly larger pool surface area. The size of the swimming pools was reduced significantly
as part of the minor change. In particular, the pool surface area has reduced by approximately 60%
and a revised capacity of 54,000 litres reflects this proportional change.

Although part of the landscaped areas within the hotel may be irrigated from the freshwater
harvesting, a significant proportion on the landscaped areas would be irrigated from the Noosa
Springs irrigation system that draws water from the freshwater lakes of Noosa Springs. It is noted
that any rainwater not harvested and stored in the tank at the hotel would flow into the drainage
system that eventually discharges into the freshwater lakes of Noosa Springs. Therefore, using
that Noosa Springs lake water for irrigation purposes is making productive use of the rainwater
harvested in another manner and does not require use of potable water.

The combined roof areas of Pavilions 1 to 4 of the hotel has a total of 2,439m2 . Reducing the
minimum catchment area to say 2,000m2 is reasonable and provides for some areas that may not
be efficiently drained to the rainwater harvesting catchment. In any event, a smaller catchment is
consistent with the lower volume of water proposed to be stored in the preceding subclause.

Applicant’s request:

Please replace 135,000 litres with 54,000 litres consistent with the amended pool design having
a substantially reduced surface area.

Amend the reference in the subclause of ‘2,800m2 ’ to ‘2,000m2’

Assessment of Representation

The condition was applied as part of the consideration of the original 106 room hotel and was not
amended when the development was scaled back to 69 bedrooms. It is acknowledged that a
reduction in the stormwater harvesting requirements to reflect the reduced building and swimming
pool footprints is appropriate. Accordingly, it is agreed to amend the condition as requested by the
applicant.

Condition 67

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               Landscaping Works

               The development site must be landscaped in accordance with a Council endorsed landscape
               package prepared by a qualified person*. The works must be undertaken in accordance with an
               Operational Works approval and the Noosa Plan for that specific area and must include in
               particular:

                      a. the works shown on the Approved Landscape Concept Design Package Plans, with the
                         inclusion of the requirements of the approved Bushfire Hazard Assessment and
                         Mitigation Plan version 8, prepared by Rob Friend and Associates dated 25.02.2025.

                      b. Plant Pallet including hard and soft plant percentages, plant numbers, planting
                         locations, pot sizes and whether Noosa Native, Australian Native or Exotic;

                      c. a Landscape Management Plan including (but not limited to):

                             i.    landscape design principles for bushfire hazard areas in Part 5 of Bushfire
                                   Resilient Building Guidance for Queensland Homes (QRA 2020);

                            ii.    Certification from a qualified* person ensuring the Landscape Management Plan
                                   complies with the design principles in the Part 5 of Bushfire Resilient Building
                                   Guidance for Queensland Homes (QRA 2020) and the Bushfire Management
                                   Plan.

                           iii.    Management of branches overhanging building envelopes.

                      d. clear integration of the Bushfire requirements and recommendations identified within
                         the approved Bushfire Hazard Assessment Report & Mitigation Plan version 8 dated
                         25.02.2025, including landscaping treatments where maximum distances are permitted
                         including:

                             i.    a band of vegetation up to 20m wide along Resort Drive is to contain 100%
                                   less flammable plant species;

                            ii.    the remaining area greater than 20m from Resort Drive can contain no less than
                                   50% less flammable plant species in the understory and groundcover; and

                           iii.    regular maintenance of groundcover and understorey to reduce flammability
                                   within the landscaped area.

                      e. clear integration of the landscaping recommendations, for the purpose of odour
                         mitigation, identified in the Katestone report dated December 2020.

                      f.   A vegetated buffer of a height that avoids line of sight contact with the Sewage
                           Treatment Plant from any place or structure on the development site to Council’s
                           satisfaction.

                      g. Both sides of Resort Drive Road Reserve between the intersections of Links Drive and
                         Lakeview Rise must be rehabilitated and revegetated in accordance with the
                         landscaping recommendations of the approved Bushfire Hazard Assessment and
                         Mitigation Plan version 8, prepared by Rob Friend and Associates dated 25.02.2025.

                      h. The works must be undertaken in accordance with an Operational Works approval.

                      i.   Details of water quality treatment device plantings with a minimum of five plant species
                           and a plant density of 8 plants per square metre;



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Landscaping Works

The development site must be landscaped in accordance with a Council endorsed landscape
package prepared by a qualified person*. The works must be undertaken in accordance with an
Operational Works approval and the Noosa Plan for that specific area and must include in

a.

Document Set ID: 23969548

particular:
the works shown on the Approved Landscape Concept Design Package Plans, with the
inclusion of the requirements of the approved Bushfire Hazard Assessment and
Mitigation Plan version 8, prepared by Rob Friend and Associates dated 25.02.2025.

Plant Pallet including hard and soft plant percentages, plant numbers, planting
locations, pot sizes and whether Noosa Native, Australian Native or Exotic;

a Landscape Management Plan including (but not limited to):

i. landscape design principles for bushfire hazard areas in Part 5 of Bushfire
Resilient Building Guidance for Queensland Homes (QRA 2020);

li. Certification from a qualified* person ensuring the Landscape Management Plan
complies with the design principles in the Part 5 of Bushfire Resilient Building
Guidance for Queensland Homes (QRA 2020) and the Bushfire Management
Plan.

iii. | Management of branches overhanging building envelopes.

clear integration of the Bushfire requirements and recommendations identified within
the approved Bushfire Hazard Assessment Report & Mitigation Plan version 8 dated
25.02.2025, including landscaping treatments where maximum distances are permitted
including:

i. a band of vegetation up to 20m wide along Resort Drive is to contain 100%
less flammable plant species;

ji. the remaining area greater than 20m from Resort Drive can contain no less than
50% less flammable plant species in the understory and groundcover; and

iii. | regular maintenance of groundcover and understorey to reduce flammability
within the landscaped area.

clear integration of the landscaping recommendations, for the purpose of odour
mitigation, identified in the Katestone report dated December 2020.

A vegetated buffer of a height that avoids line of sight contact with the Sewage
Treatment Plant from any place or structure on the development site to Council’s
satisfaction.

Both sides of Resort Drive Road Reserve between the intersections of Links Drive and
Lakeview Rise must be rehabilitated and revegetated in accordance with the
landscaping recommendations of the approved Bushfire Hazard Assessment and
Mitigation Plan version 8, prepared by Rob Friend and Associates dated 25.02.2025.

The works must be undertaken in accordance with an Operational Works approval.

Details of water quality treatment device plantings with a minimum of five plant species
and a plant density of 8 plants per square metre;

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Page 8

                      j.   Details of all fencing and gates (including but not limited to height, construction type,
                           materials);

                      k. Details of tree protection methods provided by a qualified person* to be engaged to
                         protect trees identified within the conditions of this approval in particular vegetation
                         located within the mapped Koala Habitat Area to the north of the development site.

                      l.   Native trees of a minimum pot size of 100L to replace existing trees to be
                           removed from the site, at the rate of 1 replacement tree for every tree removed
                           that has a diameter greater than 200mm measured at 1.2 metres from ground
                           surface level.

                      m. Vegetated screening of any electrical transformers, bin storage areas and the like from
                         the road frontage.

                      n. Vegetation offsets in accordance with the recommendations Gondwana Ecology letter
                           dated 9 February 2023.

               Applicant’s comments:

               Some of the existing mature vegetation provides valuable screening and amenity to the site and it
               is intended to retain the existing trees, where possible. Full removal and replacement with new
               low-flammable plantings may have unintended environmental and visual amenity impacts.

               It is suggested the condition be amended to make it clear the requirement for 100% less flammable
               plant species applies to new landscaping only and to the north of the Resort Hotel fronting Noosa
               Drive. Confirm that retention of existing mature vegetation within this 20m area is intended even if
               the species are not classified as ‘less flammable’.

               There are compelling horticultural, environmental, and practical reasons why smaller native trees
               outperform larger 100L trees in the medium to long term.

                      •    The smaller trees establish root systems faster after transplanting as they suffer less root
                           disturbance, adapt more quickly to site conditions, and begin new root growth almost
                           immediately. A 100L pot size tree experience transplant shock and studies show it can
                           take 2-3 years for that size tree to match the health and vigour of smaller stock.
                      •    Smaller trees have much lower mortality and maintenance requirements.
                      •    The smaller stock also has a better root-to-shoot ratio i.e. the larger tree tends to have
                           an overdeveloped canopy relative to root mass leading to instability, windthrow risk, and
                           poor long-term form.
                      •    Native trees at 100L size may be difficult to source and the selected species and health
                           of the tree may be compromised.
                      •    The 100L trees are significantly more expensive and costly to transport.

               Accordingly, the requirement of 100L trees imposes an unnecessary cost and risk and smaller
               native trees enhances growth performance, improves survival and adaption, and delivers a better
               long-term landscape outcome.

               The landscaping and tree planning undertaken for the existing development demonstrates the level
               of commitment by the Noosa Springs Golf and Spa Resort to this issue, which has been established
               for over 20 years.

               Applicant’s request:




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j. Details of all fencing and gates (including but not limited to height, construction type,
materials);

k. Details of tree protection methods provided by a qualified person* to be engaged to
protect trees identified within the conditions of this approval in particular vegetation
located within the mapped Koala Habitat Area to the north of the development site.

|. Native trees of a minimum pot size of 100L to replace existing trees to be
removed from the site, at the rate of 1 replacement tree for every tree removed
that has a diameter greater than 200mm measured at 1.2 metres from ground
surface level.

m. Vegetated screening of any electrical transformers, bin storage areas and the like from
the road frontage.

n. Vegetation offsets in accordance with the recommendations Gondwana Ecology letter
dated 9 February 2023.

Applicant’s comments:

Some of the existing mature vegetation provides valuable screening and amenity to the site and it
is intended to retain the existing trees, where possible. Full removal and replacement with new
low-flammable plantings may have unintended environmental and visual amenity impacts.

It is suggested the condition be amended to make it clear the requirement for 100% less flammable
plant species applies to new landscaping only and to the north of the Resort Hotel fronting Noosa
Drive. Confirm that retention of existing mature vegetation within this 20m area is intended even if
the species are not classified as ‘less flammable’.

There are compelling horticultural, environmental, and practical reasons why smaller native trees
outperform larger 100L trees in the medium to long term.

e The smaller trees establish root systems faster after transplanting as they suffer less root
disturbance, adapt more quickly to site conditions, and begin new root growth almost
immediately. A 100L pot size tree experience transplant shock and studies show it can
take 2-3 years for that size tree to match the health and vigour of smaller stock.

e Smaller trees have much lower mortality and maintenance requirements.

e The smaller stock also has a better root-to-shoot ratio i.e. the larger tree tends to have
an overdeveloped canopy relative to root mass leading to instability, windthrow risk, and
poor long-term form.

e Native trees at 100L size may be difficult to source and the selected species and health
of the tree may be compromised.

e The 100L trees are significantly more expensive and costly to transport.

Accordingly, the requirement of 100L trees imposes an unnecessary cost and risk and smaller
native trees enhances growth performance, improves survival and adaption, and delivers a better
long-term landscape outcome.

The landscaping and tree planning undertaken for the existing development demonstrates the level

of commitment by the Noosa Springs Golf and Spa Resort to this issue, which has been established
for over 20 years.

Applicant’s request:

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               Amend the subparagraph by stating it applies to new planting as follows:

                      (i)       the band of vegetation up to 20 metres to the north of the Resort Hotel and fronting
                                Resort Drive will be reinforced with landscaping that contain 100% less flammable
                                plant species.

               Delete the requirement of a tree pot size by removing the words “of a minimum pot size of 100L”
               so the condition states:

               (l) Native trees to replace existing trees to be removed from the site, at the rate of 1 replacement
               tree for every tree removed that has a diameter greater than 200 millimetres measured at 1.2
               metres from ground surface level.


               Assessment of Representation

               The proposed amendments have been reviewed by Council’s Senior Environment Officer who
               agrees the proposed amendments provide improved clarity regarding the necessary locations for
               non-flammable species whilst the use of smaller pot sizes will not detract from the landscape
               outcomes supported as part of the original approval.

               Amendment to condition 67 to reflect the outcome sought in the representations made by the
               applicant are supported.




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Amend the subparagraph by stating it applies to new planting as follows:

(i) the band of vegetation up to 20 metres to the north of the Resort Hotel and fronting
Resort Drive will be reinforced with landscaping that contain 100% less flammable
plant species.

Delete the requirement of a tree pot size by removing the words “of a minimum pot size of 100L”
so the condition states:

(|) Native trees to replace existing trees to be removed from the site, at the rate of 1 replacement
tree for every tree removed that has a diameter greater than 200 millimetres measured at 1.2
metres from ground surface level.

Assessment of Representation

The proposed amendments have been reviewed by Council’s Senior Environment Officer who
agrees the proposed amendments provide improved clarity regarding the necessary locations for
non-flammable species whilst the use of smaller pot sizes will not detract from the landscape
outcomes supported as part of the original approval.

Amendment to condition 67 to reflect the outcome sought in the representations made by the
applicant are supported.

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Page 10

               3.     CONSULTATION
               3.1. Referral Agencies
               Not applicable
               3.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review:
               •      Senior Development Engineer, Development Assessment
               •      Senior Environment Officer, Development Assessment
               4.     HUMAN RIGHTS COMPATIBILITY STATEMENT
               In developing this Report, the subject matter has been considered in accordance with the
               requirements of the Queensland Human Rights Act 2019. It is considered that the subject matter
               does not conflict with any human rights and supports a human rights approach to decision making
               by Council. Council representatives will endeavour to act and make decisions under this report in
               a manner that is compatible with human rights. This report should be read in conjunction with
               Council’s Human Rights Policy.
               5.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The proposed minor change is therefore recommended for approval.
               The report is provided in accordance with Section 76 of the Planning Act 2016.
               RECOMMENDATION
               With regard to development approval MCU21/0110 (Material Change of Use - Resort Complex and
               ancillary Bar, Food and drink outlet, Outdoor sport and recreation and Club (minor extension to
               existing clubhouse), and the representations made, Council on 29 July 2025 decided to:
               A.     Agree to amend conditions 24, 37, 51, 56 and 67 to read as follows.


               24.    Security in the form of a cash bond or trading bank guarantee to the sum of $100,000 must
                      be submitted to Council, to secure performance of all conditions of this approval, prior to pre-
                      start meeting. The cash bond or trading bank guarantee will be returned on performance of
                      the conditions of approval, as determined by a compliance inspection once the development
                      has been completed, 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.


               37.    Afterhours access to loading docks and storage areas must be restricted by a security gate,
                      lockable doors and/or other suitably appropriate means.


               51.    Pedestrian and bicycle facilities must be provided for the development. The works must
                      include in particular:
                      a.      signage and lighting at strategic locations to direct people to building entries and public
                              toilet facilities;
                      b.      a total of 30 bicycle parking spaces; and
                      c.      end of trip facilities involving 27 lockers, 6 showers and change rooms within the
                              development.




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3. CONSULTATION

3.1. Referral Agencies

Not applicable

3.2. Internal Council Referrals

The application was forwarded to the following internal Council officers for review:

e Senior Development Engineer, Development Assessment
° Senior Environment Officer, Development Assessment
4. HUMAN RIGHTS COMPATIBILITY STATEMENT

In developing this Report, the subject matter has been considered in accordance with the
requirements of the Queensland Human Rights Act 2019. It is considered that the subject matter
does not conflict with any human rights and supports a human rights approach to decision making
by Council. Council representatives will endeavour to act and make decisions under this report in
a manner that is compatible with human rights. This report should be read in conjunction with
Council’s Human Rights Policy.

5. CONCLUSION & REASONS FOR DECISION

The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The proposed minor change is therefore recommended for approval.

The report is provided in accordance with Section 76 of the Planning Act 2016.
RECOMMENDATION

With regard to development approval MCU21/0110 (Material Change of Use - Resort Complex and
ancillary Bar, Food and drink outlet, Outdoor sport and recreation and Club (minor extension to
existing clubhouse), and the representations made, Council on 29 July 2025 decided to:

A. Agree to amend conditions 24, 37, 51, 56 and 67 to read as follows.

24. Security in the form of a cash bond or trading bank guarantee to the sum of $100,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to pre-
start meeting. The cash bond or trading bank guarantee will be returned on performance of
the conditions of approval, as determined by a compliance inspection once the development
has been completed, 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.

37. Afterhours access to loading docks and storage areas must be restricted by a security gate,
lockable doors and/or other suitably appropriate means.

51. Pedestrian and bicycle facilities must be provided for the development. The works must
include in particular:

a. signage and lighting at strategic locations to direct people to building entries and public
toilet facilities;

b. a total of 30 bicycle parking spaces; and

Cc. end of trip facilities involving 27 lockers, 6 showers and change rooms within the
development.

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Page 11

               56.    Operating roof water harvesting tanks must be provided for the development. The tanks must
                      be provided in accordance with an Operational Works approval and must include in
                      particular:
                      a.      a total tank capacity of 54,000 litres
                      b.      a catchment of not less than 2,000m2 of the building roof area
                      c.      re-use of harvested stormwater for non-potable outdoor uses including irrigation of
                              landscaped areas and swimming pool top-up.


               67.    The development site must be landscaped in accordance with a Council endorsed landscape
                      package prepared by a qualified person*. The works must be undertaken in accordance with
                      an Operational Works approval and the Noosa Plan for that specific area and must include
                      in particular:
                      a.      the works shown on the Approved Landscape Concept Design Package Plans, with
                              the inclusion of the requirements of the approved Bushfire Hazard Assessment and
                              Mitigation Plan version 8, prepared by Rob Friend and Associates dated 25.02.2025.
                      b.      Plant Pallet including hard and soft plant percentages, plant numbers, planting
                              locations, pot sizes and whether Noosa Native, Australian Native or Exotic;
                      c.      a Landscape Management Plan including (but not limited to):
                              i.       landscape design principles for bushfire hazard areas in Part 5 of Bushfire
                                       Resilient Building Guidance for Queensland Homes (QRA 2020);
                              ii.      Certification from a qualified* person ensuring the Landscape Management Plan
                                       complies with the design principles in the Part 5 of Bushfire Resilient Building
                                       Guidance for Queensland Homes (QRA 2020) and the Bushfire Management
                                       Plan.
                              iii.     Management of branches overhanging building envelopes.
                      d.      clear integration of the Bushfire requirements and recommendations identified within
                              the approved Bushfire Hazard Assessment Report & Mitigation Plan version 8 dated
                              25.02.2025, including landscaping treatments where maximum distances are permitted
                              including:
                              i.       the band of vegetation up to 20 metres to the north of the Resort Hotel and
                                       fronting Resort Drive will be reinforced with landscaping that contain 100% less
                                       flammable plant species.
                              ii.      the remaining area greater than 20m from Resort Drive can contain no less than
                                       50% less flammable plant species in the understory and groundcover; and
                              iii.     regular maintenance of groundcover and understorey to reduce flammability
                                       within the landscaped area.
                      e.      clear integration of the landscaping recommendations, for the purpose of odour
                              mitigation, identified in the Katestone report dated December 2020.
                      f.      A vegetated buffer of a height that avoids line of sight contact with the Sewage
                              Treatment Plant from any place or structure on the development site to Council’s
                              satisfaction.
                      g.      Both sides of Resort Drive Road Reserve between the intersections of Links Drive and
                              Lakeview Rise must be rehabilitated and revegetated in accordance with the
                              landscaping recommendations of the approved Bushfire Hazard Assessment and
                              Mitigation Plan version 8, prepared by Rob Friend and Associates dated 25.02.2025.




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56. Operating roof water harvesting tanks must be provided for the development. The tanks must
be provided in accordance with an Operational Works approval and must include in
particular:

a. a total tank capacity of 54,000 litres
b. a catchment of not less than 2,000m2 of the building roof area

Cc. re-use of harvested stormwater for non-potable outdoor uses including irrigation of
landscaped areas and swimming pool top-up.

67. The development site must be landscaped in accordance with a Council endorsed landscape
package prepared by a qualified person*. The works must be undertaken in accordance with
an Operational Works approval and the Noosa Plan for that specific area and must include
in particular:

a. the works shown on the Approved Landscape Concept Design Package Plans, with
the inclusion of the requirements of the approved Bushfire Hazard Assessment and
Mitigation Plan version 8, prepared by Rob Friend and Associates dated 25.02.2025.

b. Plant Pallet including hard and soft plant percentages, plant numbers, planting
locations, pot sizes and whether Noosa Native, Australian Native or Exotic;

Cc. a Landscape Management Plan including (but not limited to):

i. landscape design principles for bushfire hazard areas in Part 5 of Bushfire
Resilient Building Guidance for Queensland Homes (QRA 2020);

ii. Certification from a qualified* person ensuring the Landscape Management Plan
complies with the design principles in the Part 5 of Bushfire Resilient Building
Guidance for Queensland Homes (QRA 2020) and the Bushfire Management
Plan.

iii. | Management of branches overhanging building envelopes.

d. clear integration of the Bushfire requirements and recommendations identified within
the approved Bushfire Hazard Assessment Report & Mitigation Plan version 8 dated
25.02.2025, including landscaping treatments where maximum distances are permitted
including:

i. the band of vegetation up to 20 metres to the north of the Resort Hotel and
fronting Resort Drive will be reinforced with landscaping that contain 100% less
flammable plant species.

ii. the remaining area greater than 20m from Resort Drive can contain no less than
50% less flammable plant species in the understory and groundcover; and

iii. | regular maintenance of groundcover and understorey to reduce flammability
within the landscaped area.

e. clear integration of the landscaping recommendations, for the purpose of odour
mitigation, identified in the Katestone report dated December 2020.

f. A vegetated buffer of a height that avoids line of sight contact with the Sewage
Treatment Plant from any place or structure on the development site to Council's
satisfaction.

g. Both sides of Resort Drive Road Reserve between the intersections of Links Drive and
Lakeview Rise must be rehabilitated and revegetated in accordance with the
landscaping recommendations of the approved Bushfire Hazard Assessment and
Mitigation Plan version 8, prepared by Rob Friend and Associates dated 25.02.2025.

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                      h.      The works must be undertaken in accordance with an Operational Works approval.
                      i.      Details of water quality treatment device plantings with a minimum of five plant species
                              and a plant density of 8 plants per square metre;
                      j.      Details of all fencing and gates (including but not limited to height, construction type,
                              materials);
                      k.      Details of tree protection methods provided by a qualified person* to be engaged to
                              protect trees identified within the conditions of this approval in particular vegetation
                              located within the mapped Koala Habitat Area to the north of the development site.
                      l.      Native trees to replace existing trees to be removed from the site, at the rate of 1
                              replacement tree for every tree removed that has a diameter greater than 200mm
                              measured at 1.2 metres from ground surface level.
                      m.      Vegetated screening of any electrical transformers, bin storage areas and the like from
                              the road frontage.
                      n.      Vegetation offsets in accordance with the recommendations Gondwana Ecology letter
                              dated 9 February 2023.




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Document Set ID: 23969548

The works must be undertaken in accordance with an Operational Works approval.

Details of water quality treatment device plantings with a minimum of five plant species
and a plant density of 8 plants per square metre;

Details of all fencing and gates (including but not limited to height, construction type,
materials);

Details of tree protection methods provided by a qualified person* to be engaged to
protect trees identified within the conditions of this approval in particular vegetation
located within the mapped Koala Habitat Area to the north of the development site.

Native trees to replace existing trees to be removed from the site, at the rate of 1
replacement tree for every tree removed that has a diameter greater than 200mm
measured at 1.2 metres from ground surface level.

Vegetated screening of any electrical transformers, bin storage areas and the like from
the road frontage.

Vegetation offsets in accordance with the recommendations Gondwana Ecology letter
dated 9 February 2023.

Version: 5, Version Date: 30/07/2025