Negotiated Report MCU21 0110.pdf

                      •    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.



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


[OCR of page images]
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.

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