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2016-12-12 General Committee Agenda
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AGENDA
General Committee
Meeting
Monday, 12 December 2016
commencing at 10am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson,
Joe Jurisevic, Frank Pardon, Brian Stockwell, Tony Wellington
“Engagement with our community to protect and enhance our lifestyle”
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Full text of sections 2 to 75 (of 81)
Section 2
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
ITEMS REFERRED FROM PLANNING & ENVIRONMENT COMMITTEE -
1 MCU6/0066 & OPW16/0133 - DEVELOPMENT APPLICATION FOR MATERIAL
CHANGE OF USE FOR A SERVICE STATION, CONVENIENCE SHOP AND FOOD
OUTLET AND OPERATIONAL WORKS FOR SIGNAGE AT 6 TAYLOR COURT,
COOROY
(Planning & Environment Committee Agenda, 6 December 2016, Item 1, Page 3)
Refer to Further Report provided at Page 3 of General Committee Agenda
Reason for referral: Cr Jurisevic disagrees with the recommendation
2 OPW16/0016 - APPLICATION FOR DEVELOPMENT PERMIT FOR OPERATIONAL
WORKS - PRESCRIBED TIDAL WORKS (DECK) AT 2 PARKYN COURT,
TEWANTIN
(Planning & Environment Committee Agenda, 6 December 2016, Item 3, Page 32)
Reason for referral: To allow the application to be discussed with all Councillors
ITEMS REFERRED FROM SERVICES & ORGANISATION COMMITTEE -
Nil.
REPORTS DIRECT TO GENERAL COMMITTEE 3
3 MCU16/0066 & OPW16/0133 - FURTHER REPORT - APPLICATION FOR
SERVICE STATION, CONVENIENCE SHOP & FOOD OUTLET & SIGNAGE AT 6
TAYLOR COURT, COOROY 3
4 MCU16/0090 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF
USE FOR WELLBEING TYPE 2 - SOCIAL (SUNSHINE BUTTERFLIES) AT 468
MCKINNON DRIVE, COOROIBAH 7
5 DRAFT DEVELOPMENT ASSESSMENT RULES FOR NEW PLANNING ACT 27
6 ENDORSEMENT OF BIODIVERSITY ASSESSMENT REPORT 36
7 AWARD OF TENDER 1516T043 WASTE MANAGEMENT CONTRACT 2017 - 2024 42
8 LEASING OF THE DEMOUNTABLE BUILDING AT BICENTENNIAL COMMUNITY
CENTRE 62
9 NOOSA BIOSPHERE RESERVE BOARD ANNUAL REPORT 64
10 OYSTER RESTORATION PROJECT - ACCEPTANCE OF DRAFT RESOURCE
ALLOCATION AUTHORITY CONDITIONS 68
11 FINANCIAL PERFORMANCE REPORT - NOVEMBER 2016 75
CLOSED SESSION -
Page 2 of 81
Section 3
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
REPORTS DIRECT TO GENERAL COMMITTEE
3 MCU16/0066 & OPW16/0133 - FURTHER REPORT - APPLICATION FOR SERVICE
STATION, CONVENIENCE SHOP & FOOD OUTLET & SIGNAGE AT 6 TAYLOR
COURT, COOROY
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM / Application / MCU16/0066 & OPW16/0133
Attachments 1. Plan of Development for the Industrial Estate
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the reports by the Development Planner to the Planning & Environment
Committee meeting dated 6 December 2016 and the General Committee meeting dated 12
December 2016 and refuse Application No. MCU16/0066 & OPW16/0133 for a Development
Permit for Material Change of Use of Premises - Retail Business Type 2 Shop & Type 5 Vehicle
Uses, Entertainment & Dining Business Type 1 - Food & Beverages and Operational Works for
Signage, situated at 6 Taylor Court, Cooroy for reasons outlined in the Planning & Environment
Committee Meeting Agenda dated 6 December 2016.
REVIEWED REPORT
1. BACKGROUND
A report on this application was considered by the Planning and Environment Committee on 6
December 2016 (Item 1, Page 3) and was subsequently referred to the General Committee
Meeting. During the course of discussions at the Planning and Environment Committee meeting,
Councillors requested additional information in relation to:
Information on the off-site effects of modern service stations;
Setbacks in relation to the Seqwater Development Guidelines – Development Guidelines
for Water Quality management in Drinking Water Catchments; and
Clarification on the 10 metre landscape buffer to Holts Road.
The impact on the Myall/Elm Street intersection
1.1. Off-site effects of modern service stations
Council’s Environmental Health Officers with extensive experience in Brisbane and Noosa Local
Government areas have observed numerous occurrences of leaking underground petroleum
storage systems (UPSSs) of older service stations. Information on impacts of modern service
station UPSSs was not able to be accessed in the time available. A message has been left with
Seqwater water Monitoring Department with no response at time of writing this report.
Page 3 of 81
Section 4
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
1.2. Seqwater Development Guidelines 2012
The following Table 1 compares the developments setbacks with the Seqwater Development
Guideline’s setbacks for Dangerous and Hazardous Substances Management, Storage and
handling with the developments’.
Feature Seqwater Proposal (Approx. distance)
Surveyed bank of an intermittent water 50m Drainage line/feature 110m
course
Surveyed bank of a permanent water 100m 250m
course
Water supply well, bore and/or dam 250m 370m
Nearest cut, embankment or other point 30m N/A
where effluent might surface
Upper flood margin level of an urban 400m 4km to Lake Macdonald
water supply storage
Natural grade 10% 4%
Flood immunity 1 metre above 1 in N/A
50
1.3. 10m landscape buffer to Holts Road
The original condition of the approval for the industrial estate required an increase in lot 4’s size
to allow a suitable building area and a 10m landscaped buffer to the Holts Road frontage. Lot 4 is
shown on the Plan of Development (POD) as Attachment 1. As part of the representations to the
condition of approval, the applicant at the time advised lot 4 would be dedicated as road reserve.
Lot 4 was therefore never increased in size but subsequently dedicated as road reserve. An
extract from Councils Senior Planning Officer representations report is provided below:
‘The applicant has since advised that they would prefer to enter into an agreement with
Council whereby on the cessation of the Boral Timber office, lot 4 be dedicated as road
reserve. The applicant has also advised that they would be prepared to ensure this area is
clear of any contaminants, buildings removed and that a strip be planted. The applicant has
advised further that Boral Timber are long term tenants and that this dedication may not
occur for some time. This approach is considered reasonable, as the proposed lot
dimensions are adequate for the need of Boral Timber and permits in the long term a buffer
to be achieved of the development to the Bruce Highway’.
Condition 11.5 of the approval required a 10 wide buffer to Holts Road. Condition 11.5 reads as
follows:
Condition 11.5
Lot 4 shall be amended to be a minimum of 40 metres wide in order to incorporate a future
10 metre landscape buffer to Holts Road. Alternatively Council may accept a legal
agreement that provides for the dedication of lot 4 as road reserve on the cessation of the
Boral Timber office. Where lot 4 is dedicated to Council, this land shall be free of any
contaminants, buildings/structures removed and a 10 metre wide buffer to Holts Road
planted in accordance with Council’s Policy on Landscaping Guidelines. All reasonable
costs associated with the legal agreement shall be reimbursed to Council.
The intent of the POD is for a 10m wide landscaped buffer to the full frontage of Holts Road to
screen development.
Page 4 of 81
Section 5
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
1.4. Myall/Elm Street intersection
Council’s external traffic consultant suggests the proposal would have a negligible positive
impact on the intersection.
2. CONCLUSION
No further information could be provided in regard to the off-site impacts of modern service
station due to time constraints, but substantial evidence of older service stations leaking UPSSs
has been identified. The development meets the setback requirements of the Seqwater
Development Guidelines 2012. The intent of the POD at the time was to have a 10m wide
landscape buffer to the full frontage of Holts Road after the dedication of lot 4. The
recommendation remains unchanged.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance X Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 5 of 81
Section 6
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GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
4 MCU16/0090 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
WELLBEING TYPE 2 - SOCIAL (SUNSHINE BUTTERFLIES) AT 468 MCKINNON
DRIVE, COOROIBAH
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM / Application / MCU16/0090
Attachments 1. Proposal Plan
2. Concurrence Agency Conditions
APPLICATION DETAILS
Applicant Sunshine Butterflies Inc
Proposal Development Permit for Material Change of Use of Premises -
Wellbeing Type 2 – Social (respite centre)
Properly Made Date 18 August 2016
Information Request Date 7 September 2016
Information Response Date 4 November 2016
Decision Due Date 15 December 2016
Number of Submissions 3 Submissions (1 objection and 2 in support)
PROPERTY DETAILS
Property Address 468 McKinnon Drive, Cooroibah
RP Description Lot 2 RP 214534
Land Area 20200m²
Existing Use of Land Sunshine Butterflies
STATUTORY DETAILS
SEQRP Designation Rural Living Area
Locality Cooroibah
Zone Rural Settlement
Overlays Biodiversity Overlay – Environmental Protection
Natural Hazards Overlay - High Potential Acid Sulfate Soils
Natural Hazards Overlay – High and Medium Bushfire Hazards
Assessment Type Impact
Page 7 of 81
Section 8
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting
dated 12 December 2016 regarding Application No. MCU16/0090 for a Development Permit for
Material Change of Use of Premises - Wellbeing Type 2 - Social (respite centre) situated at 468
McKinnon Drive, Cooroibah and:
A. Approve the application in accordance with the following conditions:
PLANNING
Approved Plans
1. 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
L002 A Landscape Concept Plan, prepared by Sunshine 20.9.2015
Gardens
Nature and Extent of Approved Use
2. The approved use is Wellbeing Type 2 – Social being for a respite centre for people
living with disabilities and their families and associated ancillary office and agricultural
uses. The approval does not include a cafe.
3. The maximum number of special events per year is six (6).
Landscaping
4. Existing trees on the site and within road reserves must be retained, except where
required to be removed to accommodate the approved use.
5. All native trees must be retained within the Biodiversity Overlay. The area must be
rehabilitated with koala food trees such as Eucalyptus robusta, Eucalyptus
tereticornis and Eucalyptus grandis
6. Screening vegetation must be planted along all boundaries in accordance with
Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines and the
approved Landscape Concept Plan. The planted vegetation must consist of native
and endemic species.
7. A minimum of 3m of screening vegetation must be provided between the boundary
and any car parking.
Built Form and Setbacks
8. The maximum height of the development must not exceed 9 metres at the pitch of the
roof above the finished ground level and the natural ground level and must be 2
storeys.
9. All buildings and structures must be setback a minimum of 6 metres from all
boundaries.
Performance Bond
10. 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.
Page 8 of 81
Section 9
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Street Identification
11. 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 developments name.
ENGINEERING
Site Access and Driveways
12. Sealed access driveways must be provided from McKinnon Drive to all parking and
manoeuvring areas of the development. The works must be undertaken in
accordance with the Department of Infrastructure, Local Government and Planning
response reference number SDA-0816-032888 dated 7 November 2016 and
generally in accordance with Council’s standard drawing RS-056.
13. Approval from the Department of Transport and Main Roads for the final design of the
site access and driveway works must be submitted in writing to Council prior to the
issue of any Development Permit for Operational Works.
Car Parking
14. A minimum of 21 car parking spaces must be provided and marked on the site 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. service vehicle parking, manoeuvring and standing spaces
b. dimensions, crossfalls and gradients in accordance with Australian Standards
AS/NZS2890.1:2004, AS/NZS2890.6:2009 and AS2890.2:2002.
15. The carparking area must be constructed with either a sealed surface or other bound
material that is suitable for the intended use. Certification of the proposed surfacing
from an RPEQ must be submitted as part of the operational works application.
16. 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.
17. Directional signage must be provided to direct visitors and guests to the car parking
spaces provided on site.
Traffic Management
18. A traffic management plan for both the regular operation of the development and any
special events must be submitted as part of the Operational Works application. The
traffic management plan must include but not be limited to:
a. day to day parking of the various vehicle types
b. parking for larger vehicles (buses, deliveries, waste collection etc)
c. overflow parking for special events
d. temporary traffic control measures on McKinnon Drive
e. endorsement by the Department of Transport and Main Roads.
Stormwater Drainage
19. Stormwater runoff from the development must be disposed of on-site without causing
scour or damage to the subject site or any adjoining property. The works must be
undertaken in accordance with an Operational Works approval and must include in
particular:
a. collection of runoff from the buildings and hardstand areas
Page 9 of 81
Section 10
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
b. collection of runoff from the carparking areas and access aisles
c. certification from an RPEQ that states the development of the site will not
create a worsening for downstream properties in regard to stormwater quality or
quantity.
Earthworks and Retaining Walls
20. All fill and associated batters must be contained entirely within the subject site unless
written permission from the respective landowner(s) is provided to Council.
Damage to Services and Assets
21. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the
development.
Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
Noise
22. Mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps etc on site should be situated within the building or suitably
provided with noise reduction measures and located as to prevent a noise nuisance
beyond the boundary of the site and not exceed the levels specified in Table 1.
TABLE 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
Noise level at noise sensitive place measured as the adjusted
PERIOD
maximum sound pressure level (L10, adj,T)
7am – 6pm Background noise level (L90,T) plus 5 dB(A)
6pm – 10pm Background noise level plus 5 dB(A)
10pm – 7am Background noise level plus 3 dB(A)
NOISE LIMITS AT A COMMERCIAL PLACE
Noise level at a commercial place measured as the adjusted
PERIOD
maximum sound pressure level (L10, adj,T)
7am – 6pm Background noise level (L90,T) plus 10 dB(A)
6pm – 10pm Background noise level plus10 dB(A)
10pm – 7am Background noise level plus 8 dB(A)
Page 10 of 81
Section 11
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
23. When requested by Council, a Noise Impact Assessment Report (NIAR) showing
monitoring and recording of noise levels must be undertaken to investigate any
complaint (other than a frivolous or vexatious complaint) caused by noise emissions
from operations at the premises. Such monitoring must be undertaken within a
reasonable and practicable timeframe nominated by Council and be performed by a
suitably qualified person in accordance with accepted guidelines and standards. The
report must be submitted to Council detailing the results of such monitoring and
recommendations for any measures to achieve compliance with limits outlined in
Table 1 of this Decision Notice.
For the purpose of measuring and certifying relevant noise conditions and reporting
(e.g. mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps, rooftop plant and equipment. etc) a suitably qualified person is
either:
i) a Registered Professional Engineer of Queensland, or
ii) an environmental consultant with a minimum of three (3) years current
experience in the field of acoustics.
Public Health Act 2005 - Rainwater Tanks
24. In accordance with the Public Health Act 2005, rainwater tanks must be constructed
with mosquito proof screens (made from either brass, copper, aluminium or stainless
steel), and constructed with a mesh size of no more than 1mm, and must be installed
in a way that does not accelerate corrosion. Tanks that contain flap valves must be
installed so that when closed, mosquitoes cannot pass through the valve. It is
unlawful under the Public Health Act 2005 to construct, install or be in possession of
a tank that does not comply with these requirements.
25. Where it is intended to use rainwater for drinking purposes, a suitable treatment
system is required to be installed to disinfect or treat the water to microbiological and
physical standards as described in the current Australian Drinking Water Guidelines
2011 to make it fit for drinking purposes.
Refuse
26. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial
and Industrial Premises”, including an external imperviously paved area correctly
sized for all refuse and recycling containers and suitably screened from public places
and neighbouring properties.
B. Find the following are sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. ‘Our Backyard’ offers rural type uses which are compatible with and maintains the
rural residential character of the area.
2. The proposal partially fills a gap in support services for people living with disabilities
and their families while not adversely impacting on surrounding rural residential
properties.
3. The proposal will generally add positively to Noosa’s social fabric providing a benefit
to the community and is consistent with the intent of Noosa Social Strategy.
C. Include the Department of Transport and Main Roads conditions as detailed in their
Concurrence Agency response dated 7 November 2016.
Page 11 of 81
Section 12
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
REPORT
1. PROPOSAL
The application seeks approval for the charitable organisation Sunshine Butterflies Incorporated
to establish ‘Our Backyard’, a hobby farm designed to improve lives of people with disabilities
and their families offering support, information and individual assistance. Our Backyard is
proposed to incorporate all Sunshine Butterflies activities in a rural setting which includes art,
drama, woodwork, horticulture, permaculture gardening, aquaculture, swimming and animal care.
The development proposes an administration office, respite house, sheds, therapy room and
general spaces and raised gardens for the various activities. Hours of operation are 9am to 4pm
with overnight respite consisting of 2 members/clients at a time. It is envisaged there would be 5 -
10 staff per day plus up to 20 clients per day. A free transport service is offered to clients from
town.
The development proposes 21 car spaces with access to the site being a dedicated entry and
separate exit point to maintain safety.
Events will include overnight camp outs up to 6 times per year and 3 major fundraising events
with up to 100 patrons attending each event. The implementation of parking would be managed
through a parking management plan which includes off site parking and shuttle bus drop off
arrangements.
On site sewage treatment is provided with temporary portaloos proposed for the occasional
special event.
The area of the site affected by the Biodiversity Overlay is proposed to be enhanced into a
koala/wildlife area.
The use has been operating in a limited capacity for approximately 1 year.
The application is before Council as the proposed use is inconsistent in the Rural Settlement
zone. Figure 1 is a master plan of the site.
Figure 1 – Site layout
Page 12 of 81
Section 13
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
2. SITE DETAILS
2.1. Background
The site previously operated as a nursery.
2.2. Site Description
The 2.01ha rectangular shaped lot has approximately 178m of frontage to McKinnon Drive and a
slight slope from the south west to the north east corner of the site where 3 dams exist. There is
a scattering of vegetation around the boundaries with no significant stands of vegetation existing.
2.3. Surrounding Land Uses
The site is surrounded by typical small rural residential holdings. An access easement serving a
battle axe property adjoins the site’s western boundary. Across McKinnon Drive is Tewantin
National Park.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policy
State Planning Policy mapping identifies the following applicable layers:
Transport Noise Corridor – Noise Corridor
Water Quality – Climatic regions, stormwater design objectives
Natural hazards Risk and Resilience – Bushfire Hazard
The proposal complies with the provision for water quality and bushfire hazard. The application
was referred to Department of Transport and Main Roads (DTMR) as a Concurrence Agency
who have provided conditions requiring an upgrade of McKinnon Drive and raised no noise
concerns in regard to the development.
South East Queensland (SEQ) Regional Plan 2009 - 2031
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 and does not trigger assessment
as the proposed Community Activity proposes less than 5000m² of Gross Floor Area (GFA) and
less than 250m² of incidental commercial activity. Furthermore, the proposal promotes the
outcomes of Regional Policy 6 which seeks to ensure cohesive and inclusive communities that
provide a full range of services.
Page 13 of 81
Section 14
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for a community activity within the Rural Living Area and is consistent with the
SEQ Regional Plan Regulatory Provisions.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Cooroibah Locality and is zoned Rural Settlement. The
proposed use is identified as inconsistent within the zone and is required to follow an impact
assessable application process.
The proposed use is defined as Wellbeing Type 2 - Social. The applicant, Sunshine Butterflies
Inc., a community organisation is providing a use that plays an important role in Noosa’s social
fabric supporting those living with disabilities and their families. The ‘Our Backyard’ is a unique
vision which requires a rural setting in close proximity to town to ensure no locational
disadvantage for clients.
Cooroibah Locality Provisions
The most relevant Overall Outcomes for assessment of the proposed inconsistent use include:
5.7.2 The overall outcomes sought for the Cooroibah Locality are the following—
a) New uses and works are located, designed and managed to—
i be compatible with other uses and works;
ii maintain the safety of people and works;
iii avoid significant adverse impacts on the amenity enjoyed by users of other premises,
including impacts on acoustic and visual qualities; and
iv avoid significant impacts to native habitat including fragmentation, attrition, or removal
of vegetation or significant habitat features;…
f) The dominant land uses are—
i rural settlement, at varying densities consistent with the environmental constraints of
the area; and
ii open space, comprising natural bushland settings in both public and private tenure;…
i) Residential and rural settlement uses in the area are supported by a community focal point,
with basic services to support the local community;…
m) Areas of native remnant or regrowth vegetation, including their biodiversity and habitat
values are protected;…
v) For the Rural Settlement Zone—detached housing on large lots—
i is the dominant building form, to the general exclusion of other uses;
ii incorporates designs that respond to, and are integrated with site characteristics
including steep slopes and native vegetation;
iii offers a relaxed rural lifestyle for residents;
iv contributes to the rural or semi-rural character and amenity of the area;
v may be located in close proximity to working farms or other rural industries;
vi offer convenient access to Tewantin via sealed roads;
vii include associated home-based businesses on large lots such that neighbours are not
impacted upon; and
viii are dominated by native vegetation and landscaping;
Page 14 of 81
Section 15
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
While the proposal is defined as a Wellbeing use and inconsistent in the zone, many of the
services offered are of a rural nature typically seen in the rural residential areas and therefore the
Overall Outcomes offer some support for the use. The proposal is compatible with the
surrounding area being of rural/semi-rural character which is utilising large open spaces in a
bushland setting for the farm based activities. The development is proposing to rehabilitate the
land affected by the Biodiversity Overlay, which is currently degraded and a landscaped buffer is
proposed along all boundaries. Given the rural nature of the use, significant impacts are unlikely
to the surrounding properties, albeit some unobtrusive and minor noise impacts may occur
occasionally when special fundraising events are held.
Notwithstanding the above, the proposal is inconsistent with the intent for the site and the
applicant must therefore demonstrate a need for the proposal within the subject zone. Need for a
development is commonly recognised as relating to community wellbeing. A development may
be said to be needed if, on balance, it improves community wellbeing. Wellbeing may be
improved by access to new services or facilities or a range of other ways. In addition, new uses
must be compatible with surrounding uses in terms of amenity, the environment and economics.
Need
The Noosa Social Strategy identifies that many community service providers are located outside
the Shire and ‘as a result Noosa Shire residents often have to travel to access services. Some of
these service providers are actively exploring the possibility of creating one stop shops to co
locate multiple services across the Shire in order to better meet the needs of their clients,
enhance information flow and achieve efficiencies of scale and better use of resources’.
Charitable organisations are an integral part of the social fabric providing essential services that
are to some extent not provided by the government or business sectors. The Social Strategy
states:
‘Not-for-profit community organisations fill the gaps left by the government and business sectors,
often providing direct assistance to the most vulnerable in the community. Support from
corporate sponsors and the community, as well as government at all levels, is needed to sustain
a healthy not-for-profit sector.’
The following key issue is outlined in Noosa Social Strategy as challenging to the Noosa
community:
‘Support, respite and affordable independent living options: Teenagers and adults with an
intellectual or physical disability (and their carers) living in the Noosa Shire have particular needs
that are not always being met particularly in living, vocational and study skills.’
A ‘one stop’ hobby farm based respite and support service is currently not readily available for
individuals living with disabilities and their families in Noosa. The proposal is a unique service
that partially fulfils the need outlined above by the Noosa Social Plan. It is considered the
application has merit in that it fulfils a need and is improving the wellbeing of the individuals and
families it supports as well as the community’s wellbeing by adding positively to Noosa’s social
fabric.
Land Use & Works Provisions
The following Planning Scheme Codes are most applicable to this application:
Community Uses Code
Landscaping Code
Engineering Works Codes
Biodiversity Overlay
Natural Hazards Overlay Code
Page 15 of 81
Section 16
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
The application has been assessed against each of the above applicable codes. The pertinent
issues arising out of the assessment against the codes are discussed below:
Access
McKinnon Drive is a State Controlled Road and concerns were raised by Council and DTMR in
regard to access to the site. DTMR have provided conditions requiring some upgrading works to
McKinnon Drive and restricted access to an entry only (western driveway) and exit only (eastern
driveway). This will ensure safety for people and property entering and exiting the site. Refer to
Attachment 2.
Carparking
It has been determined the proposed 21 formal car spaces is adequate for the proposed daily
operations. Concern is raised as to the carparking for special events as the applicant foresees
approximately 100 patrons attending the site. The applicant suggests that overflow parking for
special events can be managed through off site parking and shuttle buses. A condition is
recommended that a traffic and car parking management plan for special events to ensure there
is no impact on surrounding properties and to maintain safety.
Protected vegetation
The trees located in the lots eastern portion are protected by the Biodiversity Overlay. The
proposal seeks to enhance this area and provide a koala/natural habitat area. This meets the
intent of the Biodiversity Overlay Code while providing a vegetation buffer between the adjoining
rural residential use. A scattering of trees exist along the boundaries outside the Overlay. A
condition is recommended to retain this vegetation and provide some additional vegetation to
ensure a buffer to the adjoining neighbour.
Bushfire
The lot is separated by McKinnon Drive to Tewantin National Park, the highest bushfire risk area.
The adjoining lots are lightly vegetated and there is good separation between the existing and
proposed structures to ensure safety of people and property.
Effluent disposal
The applicant has provided an effluent disposal report that demonstrates the new effluent
disposal system is sufficient for the uses proposed on a daily bases. Portaloos are proposed for
special events to supplement the on site disposal system.
Assessment of Applicant’s Grounds for Approval
Applicant’s ground
The Sunshine Butterflies provide a valuable and needed service to the community and the
development of the facility on the subject site will clearly benefit the community by supporting and
improving the lives of individuals with a disability and their families.
Assessment
Agree. The Noosa Social Strategy outlines there is a need for this type of social infrastructure.
The assessment is whether the subject site is the best location for the use being located in a
rural residential area. This is addressed in this report.
Applicant’s ground
It is considered an over-riding need exists for the development in the public interest; and the
social, economic and environmental benefits in developing the site for this community use justify
approving the proposed development. The application has considerable merit and sufficient
planning grounds exist to approve the application despite the conflict with the Planning Scheme.
Page 16 of 81
Section 17
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Assessment
The proposal has merit and a justified community need which aligns with the Noosa Social
Strategy. This report addresses whether there is sufficient community benefit to justify approval
despite the conflict.
Applicant’s ground
The site is ideally situated to provide a spacious, desirable and relaxed rural setting for clients, an
engineering access study has determined McKinnon Drive can safely accommodate the access
traffic generated by the use, minimum noise impact will occur from the development, and the on-
site infrastructure has been appropriately upgraded to accommodate the use, which is located in
close proximity to a significant town centre.
Assessment
Some of the proposed services provided by Sunshine Butterflies are typically rural in nature and
conducive to a rural residential setting. The administration component is a quiet use unlikely to
negatively impact on the surrounding area. The applicant has demonstrated that traffic generated
by the use can be addressed by some upgrade works to McKinnon Drive. It is agreed that
minimal noise would be generated by the use and the new effluent disposal system can
accommodate daily operation with the addition of portaloos for larger special events.
4. CONSULTATION
IDAS Referral Agencies
The application was referred to Department of Transport and Roads as a concurrence agency.
Their assessment forms part of this report.
4.1. Other Referrals
The application was forwarded to the following internal Council specialists:
Engineering Officer
Environmental Health Officer
Environment Officer
4.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. Three (3) properly made submissions were received, 1 objection and 2 in
support. The following table provides a summary and assessment of the issues raised by
submitters.
Issues Comments
Supporting submissions
‘I believe that projects such as this will benefit both community and members of sunshine butterflies. This
project will also profoundly inspire the community around’.
‘This letter is to support the proposed development at Sunshine Butterflies on McKinnon Drive, Cooroibah.
We are the immediate neighbours living next’… door. ‘The combination of their work ethic and accumulated
skills, their passion for making a positive influence in these kids lives, their management structure and solid
foundational values, are the basis of why this organisation's proposed development project will have long
standing ongoing prospects for years to come’.
1 submission objecting to the proposal
Noosa Council should reject the application for the It is agreed the proposal is an inconsistent use in
following reasons the zone and conflicts with the planning scheme.
The proposed development is an inconsistent use The assessment as to whether there is an
overriding need is addressed in this report.
in a rural settlement zone
Conflicts with the Planning Scheme
Page 17 of 81
Section 18
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Issues Comments
Fails to justify an overriding need that outweighs
the constraints of the site
The scale and intensity of the uses exceeds what is The services offered are of a rural nature which are
appropriate for the site. generally uses seen in rural residential areas. The
fundraising events will be managed to minimise
impacts on the surrounding area.
The proposal …raises questions over projected staff Agree. A traffic and car parking management plan
numbers and given the facilities are open to the is conditioned to be provided to Council to formalise
public it is likely that at peak times visitor vehicles will off site parking and mini bus arrangements. The
out number proposed parking facilities. Questions are applicant suggests larger events will occur up to 3
raised on the applicants projected traffic and parking times per year.
volumes based on observation of numerous
fundraising and promotional events and activities
already undertaken on site.
Given the applicant’s failure to realistically predict the DTMR are a concurrence agency to the application
clients, staff and day visitors, it is considered the and have provided conditions for road upgrades to
traffic report and design for the entrance unreliable. It ensure safe entry to and access from a state
is probable during busier times vehicles will attempt controlled road.
to enter the property simultaneously, which is a
safety risk.
It is unclear whether live music will be included with Agree. Conditions could be included to ensure
the larger events. Music in rural/rural residential noise levels to not exceed acceptable levels should
areas raise planning conflicts. music be included at events.
We reject the applicant’s contention the ‘proposed Disagree. The site is approximately 5 kilometres
development is for a respite centre for disabled from Tewantin and considered in close proximity to
persons in a rural/rural settlement setting in close Noosa centres.
proximity to the Noosa town centres.
The proposal will create service issues for water and The site has adequate areas for delivery trucks and
portable toilet delivery truck. dedicated entry and exit points. Works conditioned
by DTMR will improve access.
‘It appears from the proposal the applicant intends to Agree. The café/kitchen does not form part of this
develop the site in the future to include such facilities application.
as a café. It is unclear from the proposal whether this
would be open to the public as well as clients. Such a
use is well beyond the scope of a "Wellbeing type 2’
It is of concern the applicant has proceeded with an The use has been operating in a limited capacity for
inconsistent use of the site and now seeks approximately 1 year. The applicant seeks approval
retrospective approval. Council endorsement of such for the existing and proposed use.
breaches of process creates a dangerous planning The applicant’s planning report outlines the
precedent. intended use of the site.
The applicant's conduct in operating outside a lawful
approval raises questions over the credibility of
information provided in support of this application,
particularly in regards to projected visitor numbers
and frequency of proposed events.
…the applicant failed to comply with Public Disagree. It has been determined the applicant has
Notification obligations as set out in the Sustainable undertaken Public Notification in accordance with
Planning Act 2009. The applicant only erected the SPA 2009.
signage on their property indicating the application
for a Material Change of Use on 24 or 25 November.
This was approximately one week prior to close of
submissions. This provided limited opportunity for the
community and neighbouring residents to provide a
properly made submission.
Page 18 of 81
Section 19
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
5. CONCLUSION
The proposed use is inconsistent in the Rural Settlement zone. However, the proposal offers
rural type uses typically found in the semi/rural areas, of which cannot be provided in an urban
area. There is a clear need for ‘Our Backyard’ proposal which partially fills a gap in supporting
people living with disabilities and their families; challenges which are outlined in Noosa’s Social
Strategy. Traffic and car parking raises some concerns. Road upgrades to the site’s frontage
would alleviate daily traffic concerns, and when a car parking and traffic management plan is
implemented, special events are unlikely to adversely affect the surrounding rural residential
uses. The proposal provides significant community benefit close to Tewantin with minimal
impacts on the surrounding rural residential area.
The following grounds are considered sufficient to overcome the conflict with the Planning
Scheme for the proposal:
1. ‘Our Backyard’ offers rural type uses which are compatible with and maintains the rural
residential character of the area.
2. The proposal partially fills a gap in support services for people living with disabilities and
their families while not adversely impacting on surrounding rural residential properties.
3. The proposal will generally add positively to Noosa’s social fabric providing a benefit to the
community and is consistent with the intent of Noosa Social Strategy
Departments/Sections Consulted:
Chief Executive Officer X Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance x Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 19 of 81
Section 20
Page 20 of 81
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s u& # ee : EsSection 22
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
ATTACHMENT 2
Page 22 of 81
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
ATTACHMENT 2
Our reference: SDA-0816-032888
Council reference: MCU16/0090
Your reference: SUN/010816
Attachment 1—Conditions to be imposed
Development Permit — Material Change of Use — Wellbeing Type 2 - Social
Schedule 7, Table 3, Item 1 — State-controlled road — material change of use —Pursuant to section
255D of the Sustainable Planning Act 2009, the chief executive administering the Act nominates
the Director-General of the Department of Transport and Main Roads to be the assessing authority
for the development to which this development approval relates for the administration and
enforcement of any matter relating to the following condition(s):
In accordance with approved plans
The development must be carried out generally in accordance Prior to the
with the following plans: commencement of
use and to be
e Landscape Concept Plan, prepared by Sunshine maintained at all
Gardens, dated 20 September 2015, drawing no. L002, times.
Revision A, as amended in red on 4/11/16 by TMR; and
e Basic Right Turn Lane Treatment (BAR) Layout, prepared
by TOD engineers and project managers, dated 28 July
2016, drawing no. 16520 SK1, revision A
Vehicular access to the state-controlled road
(a) The road access location(s), is to be located generally in Sy AE SIs.
accordance with:
Landscape Concept Plan, prepared by Sunshine Gardens,
dated 20 September 2015, drawing no. L002, Revision A,
as amended in red on 4/11/16 by TMR.
(b) | Road access works comprising a Basic Right Turn (BAR) (b) Se ad
and Basic Left Turn (BAL) treatment for the entry driveway, of use and to be
and a rural driveway standard (both driveways) must be maintained at all
provided at the road access location(s). times.
(c) The road access works must be designed and constructed | (C) Prior to the
in accordance with: commencement
IPWEA RS-056 Driveway 4.0m width and sealed from th of use and to be
° ° iveway 4.0m WI gated trom tne maintained at all
edge of the sealed road shoulder to the property times.
boundary, with minimum 450mm dia. RCP culvert and
sloping headwalls; and
Page 22 of 81Section 23
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Page 23 of 81
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
| | - TMR’s Road Planning and Design Manual. Po
Removal of redundant road access works
3: The existing vehicular property access as detailed in Landscape Prior to the
Concept Plan, prepared by Sunshine Gardens, dated 20 commencement of
September 2015, drawing no. L002, Revision A, as amended in the use.
red on 4/11/16 by TMR must be permanently closed and
removed.
Design Vehicle and traffic volume
4. The road access location is restricted to an entry only (western At all times.
driveway) and exit only (eastern driveway) arrangement, as
detailed in Landscape Concept Plan, prepared by Sunshine
Gardens, dated 20 September 2015, drawing no. L002, Revision
A, as amended in red on 4/11/16 by TMR.
(a) Stormwater management of the development must ensure no (a) At all times.
worsening or actionable nuisance to the state-controlled road.
(b) Any works on the land must not:
i. create any new discharge points for stormwater runoff ;
onto the state-controlled road; (b) At all times.
il. interfere with and/or cause damage to the existing
stormwater drainage on the state-controlled road;
ili. surcharge any existing culvert or drain on the state-
controlled road;
iv. reduce the quality of stormwater discharge onto the state-
controlled road.
(c) RPEQ certification must be provided to the Department of
Transport and Main Roads, confirming that the development | (c) Prior to the
has been designed and constructed in accordance with commencement
parts (a) and (b) of this condition. of use.
Page 23 of 81Section 24
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Page 24 of 81
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Our reference: SDA-0816-032888
Council reference: MCU16/0090
Your reference: SUN/010816
Attachment 2—Reasons for decision to impose conditions
The reasons for this decision are:
e Toensure the development is carried out generally in accordance with the plans of
development submitted with the application;
e Toensure the road access location to the state-controlled road from the site does not
compromise the safety and efficiency of the state-controlled road;
e To maintain the safety and efficiency of the state-controlled road by reducing the number of
road access;
e Toensure the turning movements of vehicles entering and exiting the premises via the road
access maintains the safety and efficiency of the state-controlled road; and
e Toensure that the impacts of stormwater events associated with development are minimised
and managed to avoid creating any adverse impacts on the state-transport corridor.
Page 24 of 81Section 25
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Page 25 of 81
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Our reference: SDA-0816-032888
Council reference: MCU16/0090
Your reference: SUN/010816
Attachment 3—Further advice
Advice to the Assessment Manager (SPA s287(6
1. Transport noise corridor:
Mandatory Part (MP) 4.4 of the Queensland Development Code (QDC) commenced on 1
September 2010 and applies to building work for the construction or renovation of a residential
building in a designated transport noise corridor. MP4.4 seeks to ensure that the habitable
rooms of Class 1, 2, 3 and 4 buildings located in a transport noise corridor are designed and
constructed to reduce transport noise. Transport noise corridor means land designated under
Chapter 8B of the Building Act 1975 as a transport noise corridor. A free online search tool can
be used to find out whether a property is located in a designated transport noise corridor. This
tool is available online at:
http://spp.dsdip.esriaustraliaonline.com.au/geoviewer/map/planmaking. This tool allows
searches on a registered lot number and/or property address to determine whether and how the
QDC applies to the land.
Further development permits, compliance permits or compliance certificates
2. Compliance contact details:
Pursuant to section 255D of the Sustainable Planning Act 2009, the Department of Transport
and Main Roads (TMR) has been nominated by the Chief Executive of the Department of
Infrastructure Local Government and Planning as the entity responsible for the administration
and enforcement of concurrence agency conditions within TMR’s area of interest.
The development must obtain a letter from TMR detailing satisfaction of compliance prior to
commencement of use or final inspection certificate or certificate of classification, whichever
occurs first.
The developer is advised an application for compliance assessment can be made to the
Development Assessment Team via [email protected] of the Department of
Transport and Main Roads (Please quote TMR16-018356).
3. Road access works approval: Under sections 62 and 33 of the Transport Infrastructure Act
1994, written approval is required from the Department of Transport and Main Roads to carry
out road works that are road access works (including driveways) on a state-controlled road.
Please contact the Department of Transport and Main Roads on [email protected] to
make an application for road works approval. This approval must be obtained prior to
commencing any works on the state-controlled road reserve. The approval process may require
the approval of engineering designs of the proposed works, certified by a Registered
Professional Engineer of Queensland (RPEQ). Please contact Transport and Main Roads as
soon as possible to ensure that gaining approval does not delay construction.
Page 25 of 81Section 26
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Page 26 of 81
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Advice for the Assessment Manager
Compliance:
Pursuant to section 255D of the Sustainable Planning Act 2009, the Department of Transport and Main
Roads (TMR) has been nominated by the Chief Executive of the Department of Infrastructure Local
Government and Planning as the entity responsible for the administration and enforcement of
concurrence agency conditions within TMR’s area of interest.
TMR request Council obtain evidences that TMR’s conditions have been satisfied (/etter from TMR
detailing satisfaction of compliance) prior to commencement of use.
Page 26 of 81Section 27
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
5 DRAFT DEVELOPMENT ASSESSMENT RULES FOR NEW PLANNING ACT
DOCUMENT INFORM AT ION
Author Manager, Planning & Environment, Kerri Coyle
Planning & Infrastructure Department
Index ECM/ Subject/ Planning Instruments/ State Planning
Attachments 1. Flow Chart of Application Process
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager, Planning & Environment to the General Committee
Meeting dated 12 December 2016 and request the Chief Executive Officer make a submission to
the State government on the draft Development Assessment Rules for the Planning Act 2016
seeking that:
1. The assessment time frames of the Sustainable Planning Act 2009 be maintained. The
time frames are proposed to be generally halved under the proposed Development
Assessment Rules and have the potential to significantly impact on Council resources and
achieving good planning outcomes for Noosa. The proposed shortened time frames will not
allow time to undertake a thorough assessment of development proposals and consult
appropriately with the community without additional resources to Council’s Development
Assessment team. Additional resources would need to be funded by raising fees and
charges for development applications, increasing costs for developers.
2. The Development Assessment Rules maintain and extend the time frame for applicants to
be able to revive a development application where it lapses. This ability is not consistent
with the identified intention for the development process to be ‘an applicant driven process’,
and is likely to create administrative problems for councils and lead to significant confusion
for the community, particularly submitters.
3. The opt-out step for information requests be deleted from the Development Assessment
Rules. The ability to opt-out of an information request in the Development Assessment
Rules is likely to add significant complexity to the development assessment process
without adding value as an applicant currently has multiple options in regard to giving a
response to a request for further information. It is critical that councils and state agencies
retain the ability to raise issues and identify further information that is required in order to
fully understand and assess development proposals.
4. Applicants be responsible for notifying all relevant entities of a change to the development
application given the identified intention for the development process to be ‘an applicant
driven process. S25.1 of the proposed Development Assessment Rules requires Councils
to give a copy of a notice of change to a development application to the relevant referral
agencies and advise on the effect of the change on the development process.’
5. Applicants be required to give notice of commencement of the public notification period to
assessment managers, given Council is responsible for ensuring that application material is
available for the community to review and determine whether submissions are properly
made S17.4 of the proposed Development Assessment Rules states that ‘the applicant
may give notice to the assessment manager of the intended start date of public notification’
and does not make this step mandatory.
Page 27 of 81
Section 28
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
REPORT
The Sustainable Planning Act 2009 is to be replaced with new planning legislation, which was
passed by Queensland Parliament on 12 May 2016. The replacement legislation includes:
The Planning Act 2016
The Planning and Environment Court Act 2016
The Planning (Consequential) and Other Legislation Act 2016
The new legislation is expected to commence on 3 July 2017. Development Assessment Rules
will support the Planning Act 2016 and a draft version is now open for public comment until
19 December 2016. A draft State Planning Policy, Planning Regulation 2017 and State
Development Assessment Provisions have also been released with consultation to close on 10
February 2017.
Statutory requirements for development assessment are included both in the Planning Act 2016
and the Development Assessment Rules and must be read concurrently for a complete picture of
how development assessment is intended to operate in the future.
The process for development assessment has reverted to an end to end approach and in this
regard is not unlike the Sustainable Planning Act 2009 as identified in the diagram below.
However, the time frames and decision rules for applications are vastly different and, as
contemplated for some time, the mandatory time frames have been significantly shortened with
no ability for Council to extend time frames without the applicant’s agreement. Time frames to
issue an information request and make a decision are essentially proposed to be halved.
The parts shown in black are those which are contained in the DA Rules.
The time frames for each part of the application process is set out in the diagram in
Attachment 1 with code and impact assessable applications required to follow the same process
with an additional 10 business days given to consider properly made submissions (but only
where received) for impact assessable applications.
Page 28 of 81
Section 29
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
The key differences introduced by the Development Assessment Rules are to the time period
permitted in which to:
issue an information request which has been limited to 10 business days where as
currently there is the ability to extend this period by a further 10 business days, giving a
total of 20 business days.
Issue a Decision Notice which has been limited to 35 business days, with this time frame
now including the time taken to issue an information request and issue the Decision Notice.
Currently there is the ability for Councils to extend the decision period by a further 20
business days, giving a total of 40 business days with a further 5 business days to prepare
and issue the Decision Notice. The Decision Notice now must also be received by the
applicant within the Decision Period.
Further changes that will impact on application processing include:
A time frame has now been imposed on requests for a Negotiated Decision Notice of 20
business days though this is included in the Planning Act 2016 and is not part of the
Development Assessment Rules. Currently under SPA there is no statutory time frame for
negotiations.
Reasons for a decision or conditions are required for all approvals, not just those in conflict
with the planning scheme. This is included in the Planning Act 2016 and is not part of the
Development Assessment Rules.
The ability for the applicant to choose not to receive an information request.
The ability for the applicant to ‘stop the clock’ for a cumulative period of up to 6 months
anywhere through the application process, apart from during the public notification period.
Conceivably this means the applicant may stop the decision period in order to amend the
application, with no restart requirement to the decision period or process unless the
amended development is substantially different.
Applicants will have up to 20 business days to ‘revive’ a lapsed application. Currently there
is an allowance for applications to be revived within 5 business days of a period ‘lapsing’.
Notably the following has continued with the Planning Act 2016:
Deemed approvals has continued for code assessable applications where not decided
within the Decision Period. Deemed refusals has continued for impact assessable
applications.
10 Business Day referral agency assessment period for Local Governments when
concurrence agency requirements apply.
The new planning legislation provisions, particularly the time frames set out by the Development
Assessment Rules, have the potential to significantly impact on Council resources and achieving
good planning outcomes.
Review of current workloads and processing times highlights that approximately 20%-30% of
applications would not be decided within the Planning Act 2016 and Development Assessment
Rules time frames, with officers over the last 3 years having a 20 business day target time frame.
This target time frame has been predominantly met for Operational Works applications but has
been exceeded increasingly for Material Change of Use and Reconfiguring a Lot applications due
to negotiations with applicants, referral to a Council meeting for a decision and over the last 11
months officers have advised it is due to workload. Planners have advised that the number of
enquiries has increased, with an increased number of pre-lodgements held and written searches
in the last 6 months evident.
Page 29 of 81
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GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Based on current workload trends, the Planning Act 2016 is highly likely to impact on the ability of
the DA Planning team to meet the statutory time frames imposed, and provide timely, considered
advice on planning matters and ultimately impact on the planning outcomes for Noosa Shire.
Current service levels will not be able to be maintained with current arrangements and practices.
There is also the real possibility of deemed approvals occurring and missed concurrence agency
responses.
Previous Council Consideration
Ordinary Meeting, 25 September 2014, Item 5, Page 18
That Council note the report by the Manager, Planning & Environment and Strategic Planner to
the Planning & Organisation Committee Meeting dated 16 September 2014 and request the
Chief Executive Officer to make a submission to the draft Planning and Development Bill 2014
and Planning and Environment Court Bill 2014 generally seeking that:-
A. The Department of State Development, Infrastructure and Planning undertake consultation
on the draft Planning and Development Regulations and Guidelines where much of the
practical impacts of the legislation changes for the community, development industry and
local governments will be located;
B. Local governments and their communities should continue to retain the ability to decide
through their planning schemes which developments will be required to be publicly notified
and have third party appeal rights;
C. Where an application conflicts with the planning scheme, the onus of proof should be on
the applicant to prove the merits of the proposal and justify the inconsistency rather than
what appears to be an onus on the assessment manager to prove that the intent of the
planning scheme should be upheld;
D. Section 89 of the Planning and Development Bill 2014 be amended to remove the
requirement for local governments to provide a notice to applicants and owners that their
approval will lapse, as this should be the responsibility for applicants and owners to
monitor;
E. A time limit requirement be included for Conversion Applications and Offset Establishment
Cost review requests to be made and undertaken during the period for a Negotiated
Decision Notice to reduce uncertainty for local governments;
F. An allowance be included for Local Governments to index all Infrastructure Charges from a
set base date in accordance with the applicable index to address increasing infrastructure
costs;
G. Councils should have the ability to issue an Infrastructure Charges Notice for minor
changes to development approvals issued prior to 1 July 2011 that involve an increase to
the intensity of the development and for extensions to the currency period; and
H. Provide within the P&D Bill the ability for local government planning schemes to also apply
to assessment of uses within the local government tidal area/river lease areas to support
improved management of marine activities and address potential impacts on adjacent
foreshores and uses.
Ordinary Meeting, 15 January 2015, Item 1, Page 3
That Council note the report by the Principal Strategic Planner and the Manager, Planning &
Environment to the General Committee dated 12 January 2015 and request the Chief Executive
Officer to make a submission to the Dept of State Development, Infrastructure and Planning
regarding the following points:
A. The Planning & Development Bill and Planning & Development Regulations are not clear in
the decision rules, particularly for those applications which conflict with the planning
scheme. It is considered that where an application conflicts with the planning scheme, the
onus of proof should be on the applicant to prove the merits of the proposal and justify any
inconsistencies;
Page 30 of 81
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GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
B. The Planning & Development Bill includes a clause that allows a regulation to prescribe the
assessment manager for a development application as any person from a class of persons
who have stated qualifications or characteristics. It is unclear whether this will result in an
additional class of private entities (chosen by the Minister) being identified as assessment
managers in place of councils for particular applications. This is of significant concern as
experience has demonstrated that private building certification has not always been
successful in implementing planning scheme requirements. This is particularly important for
any operational works applications that include works which are to become a public asset
and be maintained at ratepayers expense;
C. The Planning & Environment Court Bill maintains the specific criteria for making a costs
order introduced with the Sustainable Planning and other Legislation Amendment Bill 2012.
These rules do not serve the public interest of enabling the community, submitters, local
governments and developers to dispute planning decisions due to the risk and uncertainty
of the Court awarding costs against them. The previous Court powers to award costs in
circumstances where cases were frivolous or vexatious or instituted primarily to delay or
obstruct are considered sufficient protections from abuse of the system;
D. The definition of material change of use should not be limited to only increases in scale and
density of the premises, as there are circumstances where reducing the scale of the
development does materially change the site’s use. This is particularly relevant for
developments which include an important community use or the like. For example
removing the nursing home component from a retirement village may have a significant
social impact on an area;
E. The Planning & Development Bill maintains and extends the time frame for applicants to be
able revive a development application where it lapses. This ability is not consistent with the
principles for the DA Rules of being an applicant driven process, and is likely to create
administrative problems for Councils and lead to significant confusion for the community,
particularly submitters.
F. As Noosa Council values community engagement in its planning and development
decisions, we have concerns regarding changes that may serve to inhibit, obstruct or
minimise resident input. Reductions in public notification periods and removal of existing
requirements for notices to be placed in local newspapers are thus not supported and there
should be a minimum notification period for applications of 20 business days. We also have
concerns about the proposal that an applicant may choose to publicly notify a development
application as early as 5 days after the development application is properly made. We
believe submitters are better served under the current arrangement where public
notification is able to occur following the information request period;
G. Noosa Council has long enjoyed a locally popular planning scheme that is in part premised
on studies and deliberations concerning the ideal carrying capacity for our shire. We have
concerns that the Queensland Planning Reform Process may herald arbitrary
enlargements of the Urban Footprints within the Noosa Shire area;
H. Noosa Council does not support proposed changes relating to Community Infrastructure
designation that will remove local government powers to designate infrastructure. Nor do
we support the proposal for the State Planning Minister to be the sole designating Minister
for Infrastructure Designation in Queensland and to thus choose what developments can
proceed, be they public or private infrastructure, and have them exempt from planning
scheme requirements and from infrastructure charges; and
I. The maximum infrastructure charges prescribed by legislation remain unchanged since
being introduced in 2011. Infrastructure charges have dropped in real terms due to
indexation not being applied. This prohibits councils from making charges that reflect the
actual current costs of building infrastructure. Thus the proportional costs of public
infrastructure related to new development are being met by the community. Meanwhile the
State Government adds 3.5% annual indexation to its own fees and charges. Noosa
Council thus requests that annual automatic indexation of the current maximum capped
charges be introduced to reflect increasing costs of providing infrastructure.
Page 31 of 81
Section 32
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Ordinary Meeting, 22 October 2015, Item 1, Page 8
That Council note the report by the Manager, Planning & Environment, Principal Strategic
Planner and Infrastructure Assessment Coordinator to the Planning & Organisation Committee
Meeting dated 13 October 2015 and make a submission to the Department of Infrastructure,
Local Government and Planning on the draft Planning Bills in accordance with the following:
A. The Planning & Development Bill and Planning & Development Regulations are not clear in
the decision rules, particularly for those applications which conflict with the planning
scheme. It is considered that where an application conflicts with the planning scheme, the
onus of proof should be on the applicant to prove the merits of the proposal and justify any
inconsistencies. Further, clear grounds and/or reasons should be required to be provided
as part of the decision in order to ensure a transparent, accountable development
assessment system for the community;
B. The definition of material change of use should not be limited to only increases in scale and
density of the premises, as there are circumstances where reducing the scale of the
development does materially change the site’s use. This is particularly relevant for
developments which include an important community use or the like. For example
removing the nursing home component from a retirement village may have a significant
social impact on an area;
C. Case law on the SPA definition of ‘use’ makes it clear that secondary uses forming part of a
primary use must not only be incidental, but also necessarily associated such that it would
be impossible for the primary use to be carried out in the absence of the incidental use.
The definition proposed in the Bill related to ‘use’ fundamentally expands the activities that
may be carried out because secondary activities need not be necessarily associated with
the primary use to be considered part of that use and as a result, lawful. The regulation
and enforcement of activities that were not contemplated as part of a development
approval (although ancillary) may prove problematic for councils and undermine local
communities’ understanding of the development process;
D. The removal of the requirement to consider whether a person may make a properly made
submission objecting to change from the minor change test is likely to undermine the
communities input into development assessment matters, particularly where they may be
impacted upon by a proposed change;
E. The Planning Bill maintains and extends the time frame for applicants to be able revive a
development application where it lapses. This ability is not consistent with the principles for
the DA Rules of being an applicant driven process, and is likely to create administrative
problems for councils and lead to significant confusion for the community, particularly
submitters;
F. In the absence of demonstrable net benefit, no change is sought to the existing levels of
assessment or the terms used (i.e. code and impact) in the new legislation;
G. The proposed extension of Infrastructure Designation to privately owned infrastructure is a
significant policy shift and would remove due consideration by the community, third party
appeal rights and the need to comply with the planning scheme. Infrastructure charges
revenue would be forfeited and would result in a considerable cost shift onto councils and
their local communities. Statutory requirements around community infrastructure should at
a minimum enable council to have a statutory role similar to a referral agency and allow
consideration of local planning instruments in the designation process;
H. Key process matters (including the development assessment process) should not be
moved from the principal legislation and into subordinate legislation, given the potential
negative outcomes for Councils and the broader community. The framework should be
located in one statutory instrument to ensure genuine review processes cannot be
expedited without due consultation and engagement;
I. Attachment 1 of this report which includes comment on Draft Planning Bills provisions
relating to Infrastructure Charges as amended at the Planning & Organisation Committee
dated 13 October 2015;
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GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
J. Attachment 2 of this report which includes feedback to the Department of Infrastructure,
Local Government and Planning on the specific issues the Department requested comment
on;
K. The ability to opt-out of an information request in the Development Assessment Rules is
likely to add significant complexity to the development assessment process without adding
value, as an applicant has multiple options in regard to giving a response to a request for
further information. It is critical that Councils and state agencies retain the ability to raise
issues and identify further information that is required in order to fully understand and
assess development proposals. The opt-out step should be deleted from the Development
Assessment Rules;
L. The ability for applicants to determine at what point during the assessment stage public
notification will occur, including prior to a response to responding to an information request,
is likely to significantly complicate the development assessment process in contravention of
the intended outcome. This ‘floating’ public notification will also impact on local
government systems and process due to inconsistency in regard to when public notification
will take place. Further the purpose of public notification is to assist community members
in being informed of the proposed development, yet a ‘floating’ public notification
undermines certainty and community confidence in understanding the planning processes
and development proposals. It is critical that the community have all the information about
a development proposal, including responses to Council’s information request, when
making submissions to a development application. The public notification should only
occur after responses to the information request have been received and thus made public.
M. The removal of existing requirements for notices to be placed in local newspapers is also
not supported as it may limit the ability for the community to be aware of development
proposals and engagement in planning and development decisions;
N. The Planning Bill introduces the ability for costs to be awarded in regard to enforcement
notice appeals. However it is unclear in the drafting as to the rules when costs would be
awarded and it is considered that the same criteria as proposed for development
application appeals should apply to enforcement notice appeals; and
O. The State Government is to be commended in acknowledging that the planning system
must be grounded in local communities and for recognising and supporting the central role
of local government in land use planning and decision making. In addition, the commitment
the State Government has made to providing time and to consider funding support for local
governments to manage a transition process to new planning legislation is appreciated.
Council is also pleased that the former appeal cost provisions of SPA have been returned.
Finance & Risk
A number of options have been reviewed to address the likely impacts of the Planning Act 2016
and Development Assessment Rules such as making use of private certification as envisaged by
the Planning Act 2016, engagement of consultants, reporting by exception/fast tracking etc.
through a Service Review process. A Service Review concluded that these options will not
maintain the current service levels and standards for planning outcomes sought by the Noosa
community and the preferred option is for additional resources to be added to the DA Planning
team.
These additional resources would need to be funded by potentially raising fees and charges for
development applications by 10% or more.
Page 33 of 81
Section 34
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Consultation
External Consultation - Community & Stakeholder
The draft Development Assessment Rules are currently being publicly notified for comment by
the Department of Infrastructure, Local Government & Planning, with submissions closing on 19
December 2016.
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
Governance Infrastructure Planning & Design
Human Resources X Planning & Environment
Sustainability Strategic Land Use Planning
Page 34 of 81
Section 35
ATTACHMENT 1
Page 35 of 81
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Page 35 of 81Section 36
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
6 ENDORSEMENT OF BIODIVERSITY ASSESSMENT REPORT
DOCUMENT INFORM AT ION
Author Principal Strategic Planner, Rebecca Britton
Planning & Infrastructure Department
Index ECM/ Subject/ Environmental Management/ Environment Strategy/
Biodiversity Plan
Attachment 1. Biodiversity Assessment Report
(143pg attachment provided separately to this report; 2 x hard copies available in
Councillors’ Room)
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Principal Strategic Planner to the General Committee Meeting
dated 12 December 2016, and:
A. Endorse the Biodiversity Assessment Report provided at Attachment 1 for the purpose of
informing the development of an Environment Strategy and supporting Biodiversity
Conservation Plan; and
B. Request staff to prepare a discussion paper for the purposes of community consultation for
the development of an Environment Strategy and Biodiversity Conservation Plan.
REPORT
Eco Logical Australia Pty Ltd were engaged to prepare a Biodiversity Assessment Report and
Biodiversity Conservation Plan for Noosa Shire. Council staff also commissioned experts with
local knowledge to peer review the results. Both documents will help to identify biodiversity
values, threats and management challenges, guide decision making and set management
priorities, as well as identify and align conservation partnership opportunities with the broader
community.
The draft Biodiversity Assessment Report has been completed and will be an important reference
document for the development of the Biodiversity Conservation Plan and an overarching
Environment Strategy.
The Biodiversity Plan is still under development, subject to further input from the community.
Preparation work on the Environment Strategy will commence in early 2017.
This report provides an overview of the Biodiversity Assessment Report and its
recommendations, and also outlines a process for developing the Biodiversity Conservation Plan
and Environment Strategy through stakeholder and community consultation.
Page 36 of 81
Section 37
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
1. Biodiversity Assessment Report
The assessment report details the current and future status of biodiversity conservation in Noosa
Shire. It provides a scientific basis for the understanding of local biodiversity values. The report
builds upon existing flora and fauna studies prepared by Noosa Council in 2003 and Sunshine
Coast Regional Council in 2010. It also provides mapping of biodiversity values, including
vegetation communities, significant species habitat, threatened ecological communities,
waterways, wetlands, landscape corridors, ecological condition and conservation status. The
mapping uses a greater range of available information than previously, and takes advantage of
up-to-date processes and technology. Some field validation of vegetation records was also
completed.
The Assessment Report:
summarises biodiversity values and threats;
overviews land clearing patterns and rates;
overviews development risks using planning scheme zoning information;
presents a preliminary climate change vulnerability analysis that maps and ranks the
anticipated exposure and sensitivity of broad vegetation groups (BVGs) to climate change
impacts from coastal hazards, bushfire, increased temperature and evaporation;
maps and ranks biodiversity values across the Shire;
highlights some of Noosa’s conservation initiatives and programs and presents a series of
case studies demonstrating how actions are being implemented on the ground; and
identifies gaps in conservation management and recommends future conservation priorities
to guide the development of the Biodiversity Conservation Plan.
Biodiversity values
Key features identified for Noosa’s biodiversity include:
Approximately 55% of Noosa Shire is covered by native vegetation (remnant vegetation);
A diverse range of vegetation communities exist, which can be classified into 61 regional
ecosystem types (REs);
While Noosa Shire comprises 4.1% of the total area of south east Queensland (SEQ), it
contains representations of 39% of the REs that can occur in the bioregion;
Unique ecosystems exist including rare subtropical examples of patterned fens (grassy
wetlands), coastal lagoon systems, lakes and dune systems;
A number of ecological communities and flora and fauna species are recognised and
protected as endangered, vulnerable, near threatened etc. under state and federal
environmental law, including the critically endangered lowland rainforest community;
A great diversity of wildlife and plants are present (~1,340 species of plants and 348 species
of terrestrial vertebrate animals). At least 217 species of birds, 45 species of reptiles, 55
species of mammals, and 31 species of frogs are known from the area;
Notable fauna species are present such as Koala, Glossy Black Cockatoo, Water Mouse,
Ground Parrot, Coxen’s Fig Parrot, Powerful Owl, acid frogs, Cooloola Blind Snake, marine
turtles, migratory shorebird species, Mary River Cod and Australian Lungfish to name a few;
Critical habitats are present, including internationally recognised migratory bird habitats of
conservation importance at the mouth of the Noosa River and Noosa North Shore and marine
turtle nesting sites along the eastern beaches;
A network of core habitat areas provide ecological connectivity from a diverse cross-section
of ecosystem types and altitudinal ranges;
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GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Noosa River is the healthiest river system in SEQ with consistent A- to B+ report card ratings;
A network of diverse wetlands is present, of good ecological condition and encompassing
over 16,000 ha. Many are recognised as being of national or state significance; and
Over one third of the shire is covered by protected reserves which play a critical role in
conservation management locally and for the broader SEQ region.
Biodiversity Threats
Primary threats to Noosa’s biodiversity are identified as follows:
Climate change – Noosa Shire’s biodiversity has a high exposure and sensitivity to predicted
impacts of climate change. This includes increased disturbance to or loss of natural
ecosystems, flora and fauna due to –
o increased storm surge and coastal erosion;
o more frequent and intense flooding and storm activity;
o higher mean temperatures and increased number of extremely hot days;
greater intensity, spread and frequency of bushfires; and
o more frequent weeds encroaching into disturbed ecosystems.
Vulnerable communities may include rainforests, eucalypt forests, saltmarshes, mangroves,
wetlands, plant eating species (i.e. native folivores such as Koalas), and species vulnerable
to mass die-off in hot conditions (such as flying foxes).
Weeds and pest species – outcompete and prey on native species, smother and degrade
natural ecosystems and can reduce or eliminate ecosystems functions. Examples include
aquatic pest animals that prey on fish, crustaceans, frogs and reptiles, garden escapees of
exotic plant species, pest animals preying marine turtles, exotic vines in rural bushland areas,
and rural pests that degrade pasture and cause illness and injury to livestock and spread
disease.
Vegetation clearing – to make way for housing, infrastructure and agriculture – though this
has slowed considerably in recent decades due to local and state vegetation protection laws
and land use controls. A total of 584 hectares of remnant vegetation has been cleared post
1997 (1% of the remnant vegetation extent). Clearing of non-remnant woody vegetation
(regrowth vegetation and scattered trees) still occurs and is the main contributor of land
clearing in Noosa. These values provide landscape connectivity, potential threatened
ecological communities once mature, potential habitat trees and some threatened species
habitat;
Habitat fragmentation and development – from past broad-scale clearing and ongoing
development, resulting in loss of connectivity, barriers to movement and habitat disturbance
and loss for terrestrial and aquatic biodiversity;
Degrading processes – such as erosion and sedimentation into waterways, increasing litter
and declines in soil health;
Changing fire regimes - including changes to the natural frequency and intensity of fires
which can destroy ecological communities, alter recruitment patterns, and increase
susceptibility to weeds. Specific vegetation communities at risk include rainforest and dry vine
thickets, wet sclerophyll forests, heathlands and Melaleuca wetlands; and
Conflicts between humans and wildlife – mostly around urban areas where there is more
people and cars and domestic pets that attack wildlife. Also recreational use impacts from
illegal or uncontrolled activities such as arson and off-trail access to national parks and
reserves.
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GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Biodiversity Mapping
As part of the Biodiversity Assessment Report, a mapping analysis was carried out to determine
conservation significance of areas of biodiversity across the Shire. This identified and mapped
the distribution of different biodiversity values, then individually scored these values, using equal
weighing for each value at each location. Cumulative biodiversity scores at each location were
derived by adding individual scores (up to a maximum value of 39). Weighting was then given to
important values such as threatened ecological communities, remnant vegetation, riparian
vegetation and threatened species habitat. Results showed that biodiversity values of highest
significance are associated with waterways, (Noosa River, Kin Kin Creek, Sandy Creek,
Cooroora Creek, Ringtail Creek and Six Mile Creek), protected reserves and the scattered
pockets of remnant vegetation through the inland rural band of Noosa. A detailed description of
this methodology is included in the assessment report.
This biodiversity values mapping will help inform the Biodiversity overlay mapping for the new
planning scheme, although further detailed analysis is required at the individual property level.
Corridor mapping was also completed to identify and analyse existing and potential connecting
vegetation and habitat across the landscape. Habitat nodes, patches and corridors were
identified including their degree of connectivity. This will be used for further identification and
prioritising of potential vegetation offset areas, environment levy acquisitions, community
partnerships and restoration projects. Corridor mapping once further developed, may also be
included in the new planning scheme to help direct revegetation efforts as part of the
development assessment process.
Future Conservation Priorities
The Assessment Report identifies key conservation priorities to help build on existing
conservation initiatives and achievements and to ensure a comprehensive system of
conservation management. These are:
1. Protecting and enhancing local and regional biodiversity values;
2. Building resilience ecosystems that can adapt to changes and risks overtime;
3. Maintaining and enhancing connectivity across the landscape for flora and fauna; and
4. Council working together with conservation groups, government, research agencies and the
wider community to achieve great outcomes for the environment.
These priorities will be further explored as part of the development of the Environment Strategy
and Biodiversity Plan.
2. Environment Strategy
Council’s policy framework has the Corporate Plan as the lead policy document - under which sit
the Social Strategy and Local Economic Plan and, once complete, the Environment Strategy and
Transport Strategy.
The Environment Strategy will provide the high level policy direction for environmental
management in Noosa Shire. The following plans will sit under this strategy:
Biodiversity Conservation Plan (underway)
Land Conservation Plan (underway)
Noosa River Management Plan (not commenced)
Pest Management Plan (complete and being implemented)
Bushland Reserves Strategic Plan (underway)
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GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Koala Conservation Plan/Policy (complete and being implemented)
Climate Change Adaptation Plan
Bushfire Management Plan
Flood Management Plan (complete)
Coastal Management Plan (not commenced)
Waste Reduction and Recycling Plan (complete and being implemented)
Emissions Reduction Policy/Plan (policy complete).
Scoping of the Environment Strategy has commenced and development of the strategy will occur
in the first 3 months of 2017.
Key elements of the strategy will include:
Context and key issues for the Noosa environment;
Relationship to Council’s Sustainability Principles and local, state and federal policy
frameworks;
Council’s role in environmental management, conservation and community partnerships;
Environment ‘principles’ that this Council stands for and that are consistent with broader
community views about the way Noosa’s environment should be managed and conserved;
Key themes relevant to the environment such as Building Knowledge, Working Together,
Being Innovative, and Building Resilience;
Key directions for biodiversity conservation, waterways management, climate change
adaptation, emissions and waste reduction, natural hazards management and coastal
management;
Key statements, initiatives and processes needed to support the new planning scheme,
strategic and operational plans, ongoing implementation, monitoring and review; and
Showcasing Council environmental programs and initiatives that highlight successful on-
ground achievements and partnerships between Council and the community such as
Council’s Environment Levy Land Acquisition Program and working with Bushcare and Coast
Care Group volunteers.
The development of the strategy will include discussions with local and regional groups involved
in environment and natural resource management, as well as research institutions, state
agencies and other environment stakeholders, to draw common threads relevant to Noosa’s
future environmental management priorities.
From this targeted consultation, a discussion paper will be prepared to inform the community
about Council’s proposed approach and to seek comments and ideas on this. This feedback will
then enable the drafting the Environment Strategy and the Biodiversity Conservation Plan.
3. Biodiversity Conservation Plan
This plan will provide the detailed policy direction and actions specific to biodiversity conservation
arising from the Biodiversity Assessment Report and Environment Strategy. The focus of the plan
will be on maintaining and enhancing local biodiversity values through Council custodianship and
partnership with the community.
The policy direction and specific actions in this plan will:
form the foundation for biodiversity related policy and mapping within the new planning
scheme
inform Council’s acquisition program and community partnerships programs using the
biodiversity values mapping and corridor mapping from the Biodiversity Assessment Report
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GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
identify priority projects and programs for future budgets and for partnering with the
community
give direction to the development of the Climate Change Adaptation Plan and Bushland
Reserve Strategic Plan.
Previous Council Consideration
Nil.
Finance & Risk
The project has been resourced and funded through the Strategic Planning budget. The
Environment Strategy and Biodiversity Conservation Plan will continue to be developed with staff
from Environment Services and Strategic Planning.
Targeted and broader community consultation will help ensure these policy documents suitably
inform the community and align with community expectation.
Consultation
External Consultation - Community & Stakeholder
Targeted consultation with environment groups and stakeholders is planned to occur early in the
new year. Following this, broader community consultation on the discussion paper will be
organised via Council’s Your Say Noosa online feedback site.
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
Governance Infrastructure Planning & Design
Human Resources X Planning & Environment
Sustainability X Strategic Land Use Planning
Page 41 of 81
Section 42
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
7 AWARD OF TENDER 1516T043 WASTE MANAGEMENT CONTRACT 2017 - 2024
DOCUMENT INFORM AT ION
Author Manager Waste and Environmental Health, Wayne Schafer
Community Services Department
Index ECM/ Subject/ Waste Contract – Development and Tender Process 2015-
2017
Attachments 1 Crowe Horwath Executive Summary - Probity Audit Report –
Waste Management Contract Tender 2017- 2024.
2 Food Waste Trial - Letter to Residents.
3 AEC Group Ltd Letter – Outcomes from Waste Management
Contract Assessment Review
EXECUTIVE SUMMARY
Background
This report outlines the tendering process and outcome for the new 7 year waste management
contract, including:
the steps involved in the development of the tender documents;
the release of tenders (in partnership with Local Buy Pty Ltd) for an 8 week period
commencing 2 July 2016; and
the tender assessment process.
Tender scope
Companies were invited to tender on any combination of the following 3 Separable Portions
contained in the tender documents:
1. Separable Portion A – Collection of Solid Waste;
2. Separable Portion B – Management of Eumundi Rd Landfill; and
3. Separable Portion C – Resource Recovery.
Tenders Received and Tender Evaluation
6 companies submitted tenders, with the assessment of the tenders undertaken by an internal
tender evaluation panel. Probity surrounding the tender was overseen by an independent Probity
Auditor (Crowe Horwath). The Probity Auditor attended the evaluation meetings, scoring of
tenders and subsequent negotiation meetings with selected tenderers.
Awarding of Tender and Innovations
The report recommends the awarding of the new 7 year waste management contract for all 3
Separable Portions to Cleanaway Pty Ltd. Cleanaway submitted the most advantageous tender
to Council, with their tender providing significant financial advantage for Council when compared
to the next best offer.
Innovations in the new Contract
The report expands upon a range of exciting innovations available through awarding of the
contract to Cleanaway, including:
The ability to implement a new 3 bin collection service in the urban areas;
Better recycling initiatives;
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Section 43
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Improved collection services for Hastings street;
A greater range of bin sizes for waste and recycling;
Improved landfill management;
Recovering a greater range of materials at the Eumundi Road resource recovery facility; and
Significant improvement in the recovery and reuse of items in the bulk kerbside collection
service.
The contract also provides for Cleanaway to partner with Council in the development of recycled
materials for sale including blended soils and Australian standard compost.
RECOMMENDATION
That Council note the report by the Manager Waste and Environmental Health to the General
Committee Meeting dated 12 December 2016 regarding the new 7 year waste management
contract 2017 - 2024, and:
A Award the Contract to Cleanaway Pty Ltd for performance of a Waste Management
Contract 2017 – 2024 as detailed in tender documents under Separable Portions A, B, and
C, for an initial period of 7 years (at an estimated contract value of $46 million)
commencing on Monday 4 September 2017, and including the ability to award a first
extension of contract for a period of two years and a further second extension of one year;
B The awarding of the Contract being subject to Cleanaway Pty Ltd paying the specified
Contract Performance Bonds for each Separable Portion A, B and C as detailed in the
tender documents;
C Accept the option provided in the tender documents for the introduction of a 3 bin waste
collection service to single unit domestic dwellings in the urban areas to include a third bin
for garden waste from September 2017 as detailed in the tender documents, Part E
Annexure 1, Schedule 1 “10 Maps detailing the external boundaries of Township Areas”
D Agree to the continued provision of an optional garden waste collection service to
commercial and multi-unit domestic premises and other premises within 5 kilometres of the
identified urban garden waste service area;
E Request that staff develop a Policy for the provision of the garden waste service and report
to a future meeting of Council;
F Engage King and Company to finalise the relevant contractual documents including
amendments resulting from contract negotiations and agreed contract departures, for
signing by the successful tenderer.
REPORT
The purpose of this report is to present to Council outcomes of tender 1516T043 Waste
Management Contract 2017-2024, commencing on 4 September 2017. The initial contract period
is 7 years, with an option for a first 2 year extension to 2026 and a second extension of an
additional one year to 2027.
This report recommends the prompt acceptance of a successful tenderer to ensure that sufficient
time is available for the successful contractor to mobilise the required plant, equipment and staff
resources to facilitate a smooth transition to the next contract.
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Section 44
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Establishment of a Project Control Group and Tender Evaluation team
Early in 2016 the CEO established a waste contract project control group (WCPCG) to oversee
the development, letting and finalisation of the waste management contract. The WCPCG
subsequently established a tender evaluation team consisting of the Manager Waste and
Environmental Health, Coordinator Waste and Council’s Procurement and Contract Advisor.
Development of the Tender Documents
Draft tender documents were developed by the Manager Waste and Environmental Health in
consultation with waste management staff and the WCPCG. The draft documents were then
referred to King and Company legal services for review and amendment to ensure that the tender
and contract documents complied with contract law requirements, workplace health and safety
obligations and the specifications were consistent with achievable contractual outcomes without
disadvantage to Council.
Objectives of new Waste Management Contract 2017- 2024
The major objectives considered in preparing for the new contract were:
Expanding existing waste collection and disposal services to achieve the objectives of the
“Noosa Waste Reduction and Recycling Plan 2016-2024”;
Inclusion of those recommendations of the Community Jury (the future for Noosa's organic
waste) that were adopted by Council;
Finding an acceptable solution to Hastings Street waste collection issues (noise, public
safety, improved recycling);
Improving public place recycling and better recycling capacity for commercial premises;
Improving the ‘Kerbside’ bulk waste collection service;
Ensuring a smooth transition from the current contract to the next contract to avoid
community and business disruption;
Maximise the use of airspace in the landfill through diversion of waste and maximising
compaction of buried waste; and
Ensuring a high level of probity surrounding the tendering process.
Noosa / Local Buy Pty Ltd Alliance
As part of its alliance arrangement, Council and Local Buy Pty Ltd (an LGAQ subsidiary)
negotiated to include the new waste management contract under the alliance umbrella of
contracts (with the new contract considered a Local Buy Pty Ltd contract). The tendering process
was managed by Council, with financial and administrative support provided by Local Buy Pty
Ltd. Ongoing administration support for the life of the contract will also be provided by Local Buy
Pty Ltd as part of the arrangement.
Summary of the Letting of Tenders
Tenders were uploaded to LG Tender Box on Friday 1 July 2016 and advertised in both the
Courier Mail and Sunshine Coast Daily on Saturday 2 July 2016. Tenders closed at 2pm on
Tuesday 30 August 2016 after an 8 week tendering period. No tenderer asked for additional time
to prepare their tenders.
During the tender period the Manager Waste and Environmental Health conducted a tender
briefing session for prospective tenderers, in addition to organising 2 inspections of Council’s
waste disposal and processing facilities.
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Section 45
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
A total of 39 written tender queries were received from prospective tenderers and answered
during the tendering period. Some tenderers requested clarifications of the tender specifications
and others wanted to obtain additional data for preparation of their tender pricing. This number of
enquiries is considered normal for a complex waste management contract involving solid waste
collection, landfilling and resource recovery services.
Probity Management
Crowe Horwath Australasia was selected as the probity auditor for the tender process and
provided guidance, advice and assistance throughout the tender process. The probity auditor
was specifically involved in the following processes:
Development of the probity plan and procurement plan;
Oversight of the confidentiality declarations by staff involved in the tender;
Held meetings with key staff to explain their confidentiality obligations;
Attendance at the tender briefing session for tenderers held on 19 July and the inspection of
landfill, transfer stations and the resource recovery facility;
Tender opening from the LG Tender Box secure online system;
Attendance at the tender scoring sessions by the evaluation team;
Review of the scoring spreadsheets for correctness;
Attendance at the tender negotiation meetings ;
Provision of a “Probity Audit Report – Waste Management Contract Tender 2017-2024”
The executive summary from the auditor’s report has been included as Attachment 1 to this
report. There were no ‘substantial’ departures from the probity plan during the tender project.
Introduction of 3 bin Service (Waste, Recycling, Garden Waste) to Single Domestic
Premises
Part 2A Section 7 of the Waste Reduction and Recycling Regulations 2011 “DESIGNATION OF
AREAS BY LOCAL GOVERNMENTS FOR GENERAL OR GREEN WASTE COLLECTION”
prescribes:
Designation of areas
A local Government may –
(a) By resolution, designate areas within its local government area in which the local
government may conduct general waste or green waste collections: and
(b) Decide the frequency of general waste or green waste collection in the designated areas.
A note is attached to the end of Section 7 in the legislation indicating that if a local government
conducts a green waste service as a significant business activity, (Council’s waste management
activities are in fact a significant business activity) the requirements of the Local Government Act
in relation to business reform and competitive neutrality apply.
Concerns regarding Council conducting potential anticompetitive behaviour in introducing a 3 bin
service (including a fortnightly garden waste service) to single domestic dwellings in urban areas
were raised. The introduction of a garden waste service has the potential to negatively impact
those engaged in the provision of similar services, (i.e. gardeners removing garden waste from
premises as part of a paid provided service may lose business). To assess the risk associated
with this issue staff sought legal advice from King and Company, who advised it would be
prudent for Council to seek the opinion of the Australian Competition and Consumer Commission
(ACCC) prior to any introduction of the 3 bin service.
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Section 46
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Staff engaged AEC Group Pty Ltd to compile and present a report to the ACCC on Council’s
behalf regarding the proposal for the introduction of the compulsory 3 bin service to domestic
premises. The process included seeking comment from gardeners engaged in providing this
service now and the potential impact on their business due to the introduction of the garden
waste bin.
Advice was received from the ACCC that it was not clear that the introduction of a 3 bin system
would in itself breach the competition provisions of the Competition and Consumer Act (CCA),
and that if it did so both authorisation and notification would be formally required to provide
protection to Council from legal action for certain conduct that may breach the competition
provisions of the CCA where the public benefits from the conduct will outweigh the public
detriment .The ACCC also advised that Council could maintain a certain level of competition
within the 3 bin service to mitigate the impact on local competitors to largely maintain the viability
of those business operators.
To mitigate the risk of anti-competitive behaviour and minimise the impact on local businesses an
undertaking has been given to gardeners and to the ACCC that Council would not mandate the
third garden waste bin for unit complexes, or where the owner of a single dwelling employed a
service to remove garden waste. (which achieves the same objective as the garden waste
collection service).
King and Company also raised the issue of the number of recycling bins allowed under current
legislation. This matter was referred to the Department of Environment and Heritage Protection
(DEHP), recommending that the legislation be amended as suggested by King and Company.
The Department has a different opinion to King and Company and believes that Council is within
its lawful rights to implement a 3 bin service to include a garden waste recycling service. Based
on the Department’s advice staff believe that the risks associated with proceeding with a 3 bin
service are minimal.
Trial - Inclusion of Limited Food Waste in the Optional Garden Waste Bin
During the tender period a trial was undertaken by approximately 1,000 properties whereby a
limited volume of vegetable and fruit waste was included in their existing optional garden waste
bin service. This was to determine if there was capacity to include a limited range of food waste
in the fortnightly collection service without creating a nuisance from fly breeding, odour or other
objectionable outcomes. Results of the trial indicate that the proposal could reduce some organic
waste going to landfill, and it is considered worthwhile to give further consideration to extending
the limited inclusion of food to the whole community in the new contract. Further trialling during
the current contract is proposed.
The inclusion of this limited food waste will remove some organic loading from the landfill and at
the same time impose no additional cost to the community, compared to the cost of a garden
waste service without the inclusion of limited food waste. This goes part way to meeting the
Community Jury’s recommendation to implement a full weekly organic waste service, but does
not impose the significant additional cost of a waste processing facility required if a full organic
waste service was implemented. A copy of the flyer that was distributed to residents is included
as Attachment 2 to this report.
Invitation to tender
Tenders were invited for 3 separable portions of the waste management contract to ensure the
best available outcome could be achieved for Council. Tenderers were invited to tender on one
two or all three Separable Portions in any combination.
Separable Portion A – Solid Waste Collection;
Separable Portion B – Management of Eumundi Rd Landfill; and
Separable Portion C – Resource Recovery.
Page 46 of 81
Section 47
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Tenderers were also invited to nominate a discount on their tendered price if Council accepted:
Two separable portions offered;
All separable portions offered;
A first 2-year extension of the contract after the initial 7 year term; and
A second 1-year extension of the contract after the first 2 year extension.
Summary of Tenders Received
Tenders were received from six companies. The following table identifies the tender offers
received.
JJ
Portion Cleanaway Remondis SUEZ Pty URM Pty Veolia Pty
Richards
Combinations Pty Ltd Pty Ltd Ltd Ltd Ltd
Pty Ltd
Portion A -
Solid Waste YES YES YES YES YES
Collection
Portion B -
Operation of YES YES YES YES
Eumundi Road
Landfill
Portion C -
Resource YES YES YES YES
Recovery
Portion A +
Portion B + YES YES YES YES
Portion C
ABC Combined
Offer (cannot be YES YES
separated)
Portions A+B YES YES YES YES
Portions A+C YES YES YES YES
Portions B+C YES YES YES
YES YES YES
Alt Offer (1) – Alt Offer (1) Alt Offer (1)
Second – Second – Portions
Hand Hand A+BC
equipment equipment
Alternative Portion A Portions B
Tenders Offered and C
Alt Offer (2) –
Second
Hand
equipment
Portion B
Page 47 of 81
Section 48
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Alternative (Non-Conforming) Tenders
1. Cleanaway alternative tenders 1 and 2 proposed a small reduction in price via the use of
existing collection vehicles and landfill plant.
2. JJ Richards alternative tenders proposed the use of second hand plant for B and C.
3. Veolia A+BC offer proposed a combined price for BC as a lump sum offer. This was later
clarified and priced in accordance with the tender specifications and was then considered a
conforming tender.
The alternative non-conforming offers by Cleanaway and JJ Richards were reviewed as part of
the tender evaluation. However as previous waste management contracts have run for a period
of up to 10 years, the cost savings of using second hand equipment when compared to the risks
associated with contract performance and visual appearance of second hand plant were deemed
excessive to offset the limited financial advantage associated with these alternatives. A decision
was made by the evaluation team not to accept or evaluate the Cleanaway or JJ Richards
alternatives.
Combined ABC Tender Offers
Cleanaway and Veolia submitted a Tender for a Combined ABC Contract with no provision for
Council to accept any one Separate Portion. (Veolia also submitted a tender for each Separable
Portion). The combined ABC tenders offer the advantage to Council of managing only one
contractor, compared to dealing with 3 individual contractors if contracts were let for each of the
three separable portions. The combined ABC offers also provide cost savings through sharing
equipment across each separable portion.
Tender Evaluation Process
As a result of the number of tender variations received the tender evaluation team developed a
seven stage process to ensure that all potential contract permutations (as per the previous table)
were properly evaluated. This process is outlined below.
Stage 1 – Each Separable Portions scored individually – non price scoring
Tenders for individual separable portions were initially scored on a range of non-price evaluation
criteria that had been identified in the tender documentation and referee checks with local
governments where the tenderers currently operate a contracted service. The Probity Auditor
attended and guided the evaluation and scoring to ensure there was no bias in the scoring. The
non-price portion of the scoring amounted to 65% of the total score.
Stage 2 – Price scoring added to each Separable Portions
A score of up to 35% for price was then added to the non-price score to obtain a final score for
each Separable Portion. If discounts were offered by tenderers they were applied during this
process.
Stage 3 – Selecting the best offer A+B+C
The most advantageous tenders for each separable portion were then reviewed to find the best
offer for Council. The best offer was found to be the individual offers by Veolia for A+B+C.
Stage 4 – Scoring of Combination offers (e.g. A+BC)
The various combinations of offers were then scored to find the best of the combinations of
separable portions offered, as some offers provided a substantial discount if more than 1 portion
was accepted. The best combination offer was from Veolia A+BC combined, which was better
than the A+B+C offer by Veolia.
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Section 49
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Stage 5 – Scoring of ABC offers – (all Separable Portion Grouped together).
Two companies - Cleanaway and Veolia provided a combined ABC offer, (i.e. the offers were a
group offer of all separable portions which could not be separated. The offer by Cleanaway (the
only offer made by that company), was the best offer in the group, both in scoring of non-price
criteria and including price in the scoring. Cleanaway did not offer a financial discount on their
offer advising they had tendered their best price for their combined ABC offer. Veolia offered a
lump sum discount on their ABC offer. This discount was included in the financial evaluations.
Stage 6 – Determining the most advantageous tender for Council.
To ensure that the Cleanaway ABC offer was the most advantageous offer to Council overall, the
ABC offer provided by Cleanaway was then compared to:
The best offer found in Stage 3, (where the best combinations of offers for each of the
portions A+B+C had identified Veolia as the preferred tenderer);
The best offer of combinations of offers in Stage 4 – the Veolia A+BC offer; and
The Veolia ABC offer, (which is a better offer than the A+B+C offer by Veolia).
In the final analysis the combined ABC offer by Cleanaway was evaluated as the best offer both
from a non-price perspective and when price was taken into consideration. The Cleanaway offer
provides a total annual price differential of approximately $1.5 million over the next best offer (the
Veolia A+BC offer).
Stage 7 – Negotiations with shortlisted tenderers
The tender evaluation team held an evaluation meeting on Friday 11th November 2016 with
Cleanaway and Veolia as the two shortlisted tenderers to discuss and refine their submissions
and to endeavour to resolve areas of concern for Council in the offers made. The negotiations did
not change the evaluation team’s recommendation regarding the successful tenderer. Negotiated
contract enhancements will be included in the final contract documents where necessary
following further discussions between Council’s legal representatives and the contractor.
Given the large scale of the contract requirements, most tenderers submitted a Schedule of
Departures detailing where they could not comply, or were not prepared to comply fully with the
tender or contract requirements. Some of these departures are unacceptable to Council and
were the subject of the tender negotiation meeting on 11th November 2016 to present Councils
preferred outcome.
Proposed Successful Tenderer
The tender evaluation team recommends awarding a contract to Cleanaway Pty Ltd for their
combined ABC offer as the most advantageous offer to Council. Awarding the combined contract
to Cleanaway also provides the following advantages:
The appointment of a single contractor for all 3 separable portions will limit the potential for
conflicts between contractors that may arise on the landfill / resource recovery site if separate
contractors were to occupy the area. It also limits potential conflicts between the waste
collection contactor delivering waste for disposal or resource recovery.
One contractor is responsible for the whole chain of custody of waste – collection, resource
recovery, disposal thereby enhancing the opportunities to be creative with waste and
resources.
Page 49 of 81
Section 50
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Cleanaway are the incumbent contractor and have a good performance track record in Noosa
which means the transition from the current contract to the new contract should be relatively
seamless.
Cleanaway have experience in the Noosa garden waste collection service and will be able to
smoothly transition to the 3 bin service without significant impact on the community or
businesses.
Cleanaway have agreed to include limited food waste in the garden waste bin without
increasing their tendered price.
The Cleanaway tender offers other innovations identified elsewhere in this report.
Financial Evaluation by AEC Group Ltd
The scores and pricing summaries were then forwarded to AEC Group Ltd to review any trends
in the rise and fall formula or shire growth which would influence the proposal to engage
Cleanaway as the preferred tenderer. A copy of the summary by AEC is attached to this report as
Attachment 3. The information provided indicates that there is no anticipated influence over the
term of the contract that would change the recommendation for awarding the contract as
proposed in this report.
Zero Emission Initiatives
Waste vehicles consume a significant amount of diesel in the performance of the waste collection
service. Given Councils pursuit of Zero Emissions a significant effort was given to reducing the
impact of diesel consumption within the waste collection fleet. The following potential alternative
sources of powering the waste collection vehicles and the outcomes of the investigation are
detailed below.
Electric Power – The weight of the vehicles plus payload, terrain and requirement to
recharge the batteries means this is not currently a solution for waste collection vehicles. It is
only viable for smaller vehicles with short travel distances.
Biodiesel B20 – is a potential fuel source that is available and can be used in the collection
fleet. During tender negotiations the use of B20 was discussed with two tenderers shortlisted
for negotiations. Waste collection vehicles operate under full acceleration and deceleration
and have significantly different operational patterns of wear and tear to other vehicles used
for long haulage on highways.
Manufacturers are not prepared to warrant the motors in the collection vehicles proposed to
be used in the Noosa contract if they use B20.
The frequency of maintenance of the vehicles is shortened and costs are increased.
Diesel consumption per 100km is increased by 3%.
There may be a slight but not significant loss of power using this fuel.
The quality of B20 can fluctuate significantly from current suppliers and can result in damage
to engines.
The waste fleet performs an essential service and potential breaks in continuity of service
were seen as a significant risk by all contractors during negotiations.
None of the tenderers were openly prepared to risk using B20.
Biodiesel B100 – similar comments relate to B100 as for B20. However, there is a greater
risk of using B100 as trucks cannot revert back to diesel without a complete retrofitting of
engine seals and filters etc. Contractors were not prepared to risk losing the warranty on
engines used in the collection fleet by using this fuel.
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Section 51
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Landfill Gas (refined) – LMS currently hold the Council contract for extracting gas and
flaring it to the atmosphere, primarily to convert methane to carbon dioxide as a greenhouse
gas initiative. They have provided the entire infrastructure at no cost to Council and own the
rights to the gas. They obtain revenue from carbon credits with a small financial return to
Council. During the tendering period, Intelligas negotiated with LMS to secure a portion of the
landfill gas to power collection vehicles. The technology to power collection vehicles is
available and Cleanaway were prepared to seriously consider using this gas if it could be
secured. However, the negotiations were unsuccessful as LMS would not release the landfill
gas to Intelligas. LMS are pursuing generation of electricity as a long term business initiative.
Carbon credits are not available to LMS through powering collection vehicles with landfill gas.
This information was also tested by contacting another landfill gas company. They advised
that if they owned the landfill gas they would not use it to power collection vehicles as the
revenue return is much greater through generation of electricity. Regretfully the outcome of
powering collection vehicles with landfill gas is not available.
Improvements in the next Waste Management Contract
The new contract offers some exciting improvements in the performance of waste management
services. These improvements are summarised below.
Portion A – Solid Waste Collection Services
Introduction of a 3 wheelie bin service (waste, recycling and garden waste) to an additional
9,000 residents in single unit dwellings in the urban area. This will increase the current
service level from about 4,500 collections per fortnight to approximately 14,000 services,
while retaining the current optional service to commercial, multi residential and rural
premises.
Cleanaway agreed during negotiations to perform the kerbside bulk waste collection service
utilising 3 separate collection vehicles to collect:
o Recyclable metals;
o Reusable items (without compaction to prevent them being crushed and rendered useless
by the compactor); and
o General waste, transported to the resource recovery facility for further processing and
recovery of residual recyclable material before landfilling.
Some comingled recyclables collected in recycling vehicles will be delivered to the Eumundi
Road Resource Recovery Facility and bulked up in a large bin before delivery to the
Recycling facility at Bli Bli. This offers a cost saving and facilitates the provision of weekend
recycling collections.
A new bulk cardboard bin service using 3m3 and 4.5m3 bins will be offered to commercial
customers.
Cardboard delivered to the waste transfer station will be compacted and delivered to the
Kunda Park bulk cardboard receiving facility. Council will be paid for the cardboard with 30%
to the contractor. At the present time there is no revenue stream from this product.
The current bulk recycling bins are limited to one size (1.1m 3) capacity. The range of bulk
recycling bins will be increased to include 2m3 and 3m3 recycling bins for larger commercial
premises.
New 360 litre wheelie bins will be made available to the public for recycling, garden and
waste services as an additional option to the 240 litre wheelie bins currently provided.
Recycling service frequency for Council public place bins and commercial premises in high
profile areas will be increased from weekly to 3 times per week.
The contractor will provide an events waste and recycling service with an introduced
capability to provide weekend recycling services.
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Section 52
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
A street litter bin cleaning program will be implemented with on board washing of bins into the
waste collection vehicle, ensuring bins are washed immediately after service. Bins will be
washed at a frequency nominated by Council dependent upon location and usage patterns.
A GPS location will be identified for each street litter bin and bins bar coded. The contractor
will swipe the bar code to certify the bin has been collected allowing development of KPI’s for
servicing these bins, ensuring contractor performance and bin washing frequency.
A single pass waste collection vehicle will be provided to service Hastings Street and other
high use or congested areas. This vehicle is capable of collecting waste and recycling bins in
2 separate compartments on the vehicle in one pass. This avoids using two separate vehicles
with substantial improvement in reduced noise and traffic congestion and public safety.
The contractor has agreed to accept a limited volume of non-putrescible food organics with
the garden waste service if Council trials find this service can be implemented without
nuisance from odour and fly breeding.
Collection vehicles will be fitted with GPS location devices and linked to a web portal back at
Council to facilitate communication about service levels, missed services, updating Council’s
rating database with accurate bin servicing details.
Trucks will be fitted with the latest on board computer systems to enable the driver to “at the
press of a button” record a range of servicing issues that can be reported directly back to
Council.
Trucks livery will be painted in an approved attractive colour scheme to promote the Council
and its waste and recycling aspirations.
The Contractor has offered to pay $12,000 annually towards the cost of the current waste
education officer without an increase in the tendered prices submitted. The current officer is
engaged for 50% of their time – this offer would assist Council to increase the education
component.
Portion B – Operation of Eumundi Road Landfill
A larger landfill compactor will be employed on the landfill to increase compaction without
significant additional cost. The requirement for the compaction of waste buried on the landfill
has been increased from 850kg/m3 in the current contract to 900kg/m3 to improve the use of
air space at the landfill and extend its useful life. Substantial penalties apply in the new
contract for failure to achieve the required compaction rate.
Option to use roll out covers at the end of each day to cover waste instead of covering the
waste with soil. This will reduce the consumption of landfill space with soil, increase its useful
life and enable the use of the soil for value adding to organic waste. This requires further
research.
Final Capping of completed areas of the landfill to best practice standards at the tendered
rates with Council having the option of seeking external competing tenders for capping to
ensure value for money in the contractor prices.
Portion C – Resource Recovery
The contractor will revise the layout of the resource recovery facility where waste is sorted
and segregated to improve the recycling operations.
The sorting of waste (in addition to the current range of products sorted), may include hard
and soft plastics such as plastic car bumper bars, pvc pipe, polystyrene and foam rubber from
deconstructed mattresses.
The contractor has offered a bailer to assist in the processing of products.
The contractor will assist Council in marketing its segregated recyclable material using
existing agreements at a national level.
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Section 53
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Financial incentives are available to the contractor if they negotiate improvements in the
marketing of recovered material. (This is intended to facilitate the movement of surplus
stockpiles of recycled material at the resource recovery facility).
Agreement has been negotiated for the contractor to work with Council to develop two new
retail products, blended soil and Australian Standard compost, for sale to the public. The
revenue returned from sales will be used to offset the costs of production with surplus
revenue shared between Council and contractor.
Previous Council Consideration
Nil.
Finance & Risk
The waste management contract has historically been let for a 7 year period together with
optional extensions, often taking the contract period to 10 years. It is the largest contract entered
into by the Council, and as such presents a number of significant risks to Council, which are
summarised below:
Portion A Collections
Ensuring the implementation of the 3 bin service does not result in anticompetitive behaviour.
Failure to pay the Security Bond.
Financial failure of the contractor resulting in serious disruption to an essential waste
collection service in the community.
If a non performing contractor is engaged the impact on Council can be significant with
respect to damage to both reputation and also established relationships with the community.
Portion B Landfill
An underperforming contractor on the landfill and resource recovery facility can expose
Council to significant penalties under environmental legislation.
As holder of the Environmental Authority (Licence) with EPA, Council is exposed to significant
financial risks for breach of conditions and harm to its environmental credentials.
Poor operational performance on the landfill (under compaction of waste) also results in
consumption of valuable landfill air space, reducing the life of the landfill.
Portion C
The objectives of Council’s Waste Reduction and Waste Minimisation Plan 2016-2024”
cannot be achieved.
The range of materials recycled is not able to be sold as markets are not available.
Performance Bond Held to Reduce Risk
The contract provides for Council to hold a substantial performance bond on each of the
separable portions.
For Separable Portion A - $1,000,000;
For Separable Portion B - $750,000; and
For Separable Portion C - $200,000.
This bond is available to Council if the contractor defaults on the provision of services. If all or
any portion of the bond is used during the term the Contractor is required to immediately replace
the amount used to maintain the available bond as detailed above.
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GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Bankers Undertaking – from the Contractors Bank providing assurance that the tenderer can
undertake the financial commitments of the Contract.
AEC Group Ltd also undertook a review of the contractor’s financial capacity to undertake the
contract with risk levels deemed acceptable.
Consultation
External Consultation - Community & Stakeholder
During the development of the Waste Management Tender the following external consultation
was undertaken.
Noosa Community Jury – as a preliminary step in preparation for the next contract the
Community Jury was engaged to review the question, “How does Council reduce organic
waste to landfill” and recommendations made to Council.
Department of Environment and Heritage Protection – Requested for advice on the legalities
of the additional garden waste service.
Ian Christensen – Consultancy regarding the impact of including a garden waste service at
unit accommodation.
Unitywater - Investigation of opportunities to reduce carbon and work jointly with Council to
promote waste diversion and treatment of organic waste.
Intelligas – Investigating the potential use of Landfill Gas as a source of power for waste
collection vehicles.
King and Company – Legal advice on the tender documents and draft contract.
Local Buy Pty Ltd – Provided technical support in the development of tender documents and
financial support for the engagement of Probity Auditor, Legal Advice from King and
Company, tender advertising and facilitated the letting of tenders through the Local Buy
procurement system.
Crowe Horwath – Provided probity auditor services for the tendering process.
Rolfe Perry and Associates Pty Ltd – Conducted an audit and reporting on the volume of food
waste in the garden waste bins during the limited food waste trial in October/November 2016.
AEC Group Ltd – Preparation of a submission to the ACCC regarding the proposed additional
garden waste service seeking an opinion on anti-competitive behaviour by Council, if it
implemented the proposed Garden Waste Service.
AEC Group Ltd – Review of the tender scoring and financial analysis of the results to ensure
that the factors included in the tender for rise and fall over the 7 year period (fuel and oil,
labour price and Consumer Price index do not change the relativity of tender scores over the
term of the Contract that would make a difference to the recommendation.
Ipswich City Council – Discussions on their limited food waste included in the optional
fortnightly garden waste service under taken by Ipswich City Council. They have similar
experience to Noosa and have allowed the limited inclusion of non-putrescible food waste in
their fortnightly garden waste bin for 12,000 residents. They use ventilated bins for garden
waste with an air hole in the lid. Their garden waste is sent to a composting facility rather than
simple mulching.
Preliminary negotiations with Kunda Park cardboard recycling facility and verbal agreement to
accept delivered cardboard from Noosa Council. There will need to be a formal agreement
when the successful contract or is known. The proposal was also discussed with Visy
Recycling who verbally supported the proposal as bulk cardboard creates operational
difficulties with the MRF operation at Bli Bli.
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GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Internal Consultation
The Waste Contract Project Control Group have guided the project throughout the course of the
tender preparation, the letting of tenders and the evaluation of the tenders submitted. The group
comprised:
Director Community Services;
Director Corporate Services;
Procurement and Fleet Manager ;
Manager Waste and Environmental Health;
Waste Coordinator;
Governance Advisor; and
Procurement/ Contracts Advisor.
Given the significance of the Contract, other internal discussion has been strictly limited to avoid
any potential breach of confidentially and probity in the tendering and evaluation process.
Departments/Sections Consulted:
X Chief Executive Officer X Community Services X Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
x Waste & Environmental Health Revenue Services
Executive Office Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
Governance Infrastructure Planning & Design
Human Resources Planning & Environment
Sustainability Strategic Land Use Planning
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Section 56
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
ATTACHMENT 1
Page 56 of 81
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
:, ATTACHMENT 1
«« Crowe Horwath.
1.1. Introduction
Crowe Horwath was engaged by Noosa Council to perform Probity Auditor Agreed Upon Procedures (Probity
Audit) over the Noosa Council Waste Management 2017-2024 tender processes. This report documents the
findings identified from performing the Probity Audit services at Noosa Council during the period 1 July to
1 December 2016.
The Crowe Horwath team would like to acknowledge the assistance provided by Noosa Council personnel
during the course of the Probity Audit. Noosa Council Management and staff displayed a willingness to
identify improvements in their processes and were receptive of any feedback provided throughout the Probity
Audit.
1.2 Objective
The objective of the Independent Probity Auditor Agreed Upon Procedures was to:
» Ensure that Noosa Council conforms with processes designed to achieve value for money;
Check that there is accountability through all stages of the procurement process;
* Ensure that all bids are assessed and evaluated using the same criteria;
* Preserve public and bidder confidence in Noosa Council processes; and
> Improve defensibility of decisions to potential legal challenges or other external scrutiny.
In addition to the Probity Audit Agreed Upon Procedures, detailed in Appendix 2, we have provided Probity
Advisory services to assist Noosa Council in relation to:
» Developing the Waste Management Contract Probity Plan;
* The performance of probity briefing sessions for Noosa Council staff; and
« Assistance to the Project Leader throughout the Waste Management Contract procurement
process.
A detailed listing of the Probity Advisory services is detailed in Appendix 2.
We conducted the engagement in accordance with Standard or Related Services ASRS 4400 — Agreed
Upon Procedures Engagements to Report Factual Findings. This standard requires that we comply with
ethical requirements equivalent to other assurance engagements, including independence, and plan and
perform the agreed procedures to obtain factual findings.
1.3 Current Status of the Tender
At the conclusion of the Probity Audit services, the Waste Management Contract tender had proceeded to
the point of a report to Council being prepared detailing the evaluation team’s recommended outcome. This
report is due to be presented to Council in the General Committee meeting planned for 12 December 2016.
1.4 Overall Probity Assessment
Our overall assessment of the Waste Management 2017-2024 tender processes identified the following:
* The tender was undertaken in a manner that complies with Noosa Council procurement policy and the
established Probity Plan;
- All tenderers were given equal opportunity and were treated fairly and consistently; and
The relationship you can count.on st Se o
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GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
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GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
»— Crowe Horwath.
* The tender evaluation process was undertaken in a manner free of bias and the ranking is a true
representation of the tenderers offers.
1.5 Scope
We performed Agreed Upon Procedures in accordance with the scope included as Appendix 1 to this report.
A summary of the scope elements reviewed and findings identified is included in the table below:
Scope Element Findings Identified
Review Project / Tender Documentation -
Probity Plan 1
Physical Security and Risk Management -
Confidentiality and Conflicts of Interest -
Timeframes and Briefing Sessions 2
Procurement Method / Approach to Market -
Supplier Briefings -
Evaluation Criteria 3; 4,5
1.6 Exclusions
The probity audit was restricted to the performance of the Agreed Upon Procedures outlined in Appendix 2
and did not cover the following:
« The actual evaluations of tenders and / or proposals (other than observation of these processes); and
= Any legal undertakings if probity was breached or conflicts exist.
1.7 Limitations
The scope of our work was subject to the following limitations:
= The Probity Auditor services have only covered the Waste Management 2017-2024 tender processes up
to the report to Council setting out the evaluation results and the evaluation team’s recommended
outcome. The scope of work has not included consideration of post evaluation processes such as
recommendation approval, contract finalisation, final contract awards and unsuccessful offeror briefings.
* The Probity Auditor services have not provided assurance or advice on the technical content or
appropriateness of service design or specifications of the Waste Management 2017-2024 tender
processes.
1.8 Summary of Findings
A number of findings, summarised below, were identified during the performance of the Probity Auditor
services. In each case, recommendations raised were actioned by Council Management in a timely manner
and to the satisfaction of the Probity Auditor:
© Finding 1 — Revisions to Draft Probity Plan: A number of revisions were proposed to Council's draft
Probity Plan. These revisions were accepted by Council Management and implemented prior to the
release of tender documents to the market. Additionally, probity briefing sessions were held with Council
staff and prospective tenderers and a memo on probity considerations was issued to Councillors.
The relationship you can count on ee S22 ae
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GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
y Crowe Horwath..
» Finding 2 — Attendance at Briefing Session: One (1) prospective tenderer had more than the allowed
number of attendees at the briefing session. At the point Council became aware of this, the Probity
Auditor asked the prospective tenderer to have their extra attendees leave the briefing session. As these
representatives had attended a site visit, all other prospective tenderers were offered the opportunity for
an additional two (2) members of their organisation to undertake a site tour.
« Finding 3 — Scoring sheet Template Calculation Errors: Calculation errors were identified in the
scoring sheet template prepared by Council. These errors were corrected prior to the commencement of
the tender evaluation process,
» Finding 4 - Approach to Referee Interviews: The Probity Auditor provided recommendations to
Council on the manner in which to perform referee interviews to ensure consistency in approach. This
included developing a standardised set of questions and having the interviews completed by a staff
member not included in the evaluation team. These recommendations were accepted by Council.
« Finding 5 - Evaluation Meetings with Short Listed Tenderers: The Probity Auditor provided
recommendations to Council on the manner in which to undertaken negotiation meetings with shortlisted
tenderers, This included having the Probity Auditor attend the meetings as an independent observer.
These recommendations were accepted by Council.
A detailed listing of all Agreed Upon Procedures performed and Findings identified are included in
Appendix 2 to this report.
1.9 Basis and Use of this Report
This report has been prepared in accordance with the objectives, scope and approach set out in Appendix 1
and subject to the limitations set out in Appendix 3 (Basis and Use of the Report).
The relationship you can count on i at Heed zs oe 5‘
cect TO 2 ae
Page 58 of 81Section 59
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Page 59 of 81
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
“-< Crowe Horwath..
Disclaimer
This report is provided solely for Noosa Council for the purpose for which the services are provided, Unless required by law you shall not provide this report
to any third pary, publish it on a website or refer to us or the services without prior written consent. In no event, regardless of whether consent has been
provided, shail we assume any responsibility to any third party to whom our report is disclosed or otherwise made available. No copy, extract or quote from
our report may be made available to any other person without our prior written consent to the form and content of the disclosure.
The services provided in connection with the engagement comprise an advisory engagement which is not subject to assurance or other standards issued
by the Australian Auditing and Assurance Standards Board and, consequently no opinions or conclusions intended to convey assurance will be expressed.
This review report has been prepared at the request of Noosa Council in connection with our advisory engagement to perform review services as detailed in
our scoping letler dated 5 July 2016,
Due to the inherent limitations of any internal control structure, it is possible that fraud, error or non-compliance with laws and regulations may occur and
not be detected, Further, the internal control structure, within which the control procedures thal are subject to procedures we perform operate, is nol
reviewed in its entirety and, therefore, no opinion or view is expressed as to its effectiveness of the greater Internal control structure, The procedures
performed are not designed to detect all weaknesses in control procedures as they are not performed continuously throughout the period and the tests
performed on the control procedures are on a sample basis. Any projection of the evaluation of control procedures to future periods is subject to the risk
that the procedures may become inadequate because of changes in conditions, or that the degree of compliance with them may deteriorate. Crowe
Horwath (Aust) Pty Ltd provides no warranty regarding the accuracy or completeness of the information. All opinions, conclusions, forecasts or
recommendations are reasonably held at the time of compilation but are subject to change without notice by Crowe Horwath (Aust) Pty Ltd. Crowe Horwath
(Aust) Pty Lid assumes no obligation to update this dacument after It has been issued, Except for any liability which by law cannot be excluded, Crowe
Horwath (Aust) Pty Lid, its Directors, employees and agents disclaim all liability (whether in negligence or otherwise) for any error, inaccuracy, or omission
from the information contained in this document or any loss or damage suffered by the recipient or any other person directly or indirectly through relying
upen the information.
Crowe Horwath (Aust) Pty Ltd disclaims all liability to any party other than the client for which it was prepared in respect of or in consequence of anything
done, or omitted to be done, by any party in reliance, whether whole or pariial, upon any information contained in this report. Any party, other than the
client for which it was prepared, who chooses to rely in any way on the contents of this report, does it so at their own risk. The information in this document
and in any related oral presentation made by Crowe Horwath (Aust) Ply Ltd is confidential! between Crowe Honvath (Aust) Py Ltd and the client for which it
was prepared and should not be disclosed, used or duplicated in whole or in part for any purpose except with the prior writfen consent of Crowe Horwath
(Aust) Ply Ltd. An electronic copy or print of this document is an UNCONTROLLED COPY.
The relationship you.can count on a
Page 59 of 81Section 60
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
ATTACHMENT 2
Page 60 of 81
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
xm : 5 ATTACHMENT 2
NOOSA COUNCIL
mm
22 September 2016
4 F a re .
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aL ey = .
Dear Resident,
GARDEN WASTE BIN TRIAL - 1 OCTOBER TO 4 NOVEMBER 2016
We would like to thank you for choosing to have a garden waste bin and playing your part in
Noosa Council's effort to reduce the amount of organic waste reaching landfill.
Your household has been chosen to participate in a one month waste reduction trial.
During the trial we ask that you place your vegetable and fruit waste in your garden waste
bin. This waste will be mulched at Council's Resource Recovery Facility. During the trial
some bins will also be weighed and audited as part of the study.
To Get Started:
When: Please start adding your uncooked vegetable and fruit waste to your garden waste
bin from Sunday 1 October until Friday 4 November 2016.
WHAT CAN YOU PUT IN:
» Uncooked vegetables and fruit waste
» Leafy vegetables, peels, egg shells, tea bags and coffee grounds
»” lf you wish these can be wrapped in newspaper
>» If you already compost/worm farm, continue to do this
PLEASE DON’T PUT IN: Liquids, cooked food, dairy, meat, bones, bread or plastic bags.
Why are we doing it? As part of our Towards Zero Waste campaign we are investigating
different ways of reducing some of the organic food waste that is currently going to landfill,
without introducing a costly weekly organic food waste service.
Your participation is not compulsory however we would appreciate your support. For further
information contact Council’s Customer Service on 5329 6500.
Thank you for your assistance.
Wayne Schafer
MANAGER WASTE AND ENVIRONMENTAL HEALTH
For more information on reducing waste: www.noosa.qld.gov.au/waste-recycling
ee oa «= LE ie
Page 60 of 81Section 61
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
ATTACHMENT 3
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GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
ATTACHMENT 3
AEC Group Pty Ltd (Brisbane) =
PO Box 941
Spring Hill QLD 4004 I EC >
OUTCOME DRIVEN
29'" November 2016
Wayne Schafer
Manager Waste and Environmental Health
Noosa Council
Dear Wayne,
RE: REVIEW OF WASTE MANAGEMENT CONTRACT TENDER ASSESSMENT
AEC Group Pty Ltd (AEC) has undertaken a high-level review of the summary assessment spreadsheets
prepared by Noosa Council (Council) from the tender documentation received by prospective contractors for
Council's waste management contracts (consisting of separable portions A, B and C).
From Council's review summary spreadsheets, a preferred tenderer was identified when taking account of both
price and non-price components across the various permutations of contract combinations available to Council.
AEC has undertaken a review of the assessment approach undertaken by Council in addition to the financial
outcomes from the tendered rates for each separable portion and can confirm that Council's selection of the
preferred tenderer is in fact appropriate.
Regarding the potential risk associated with the financial costs to Council from changes in underlying rise and fall
indices during the contract, this is deemed to be negligible when compared to the cost difference between the
preferred tenderer and the next best tenderer which is of the order of $1.5 million per annum.
This is particularly the case given that the preferred tenderer has a relatively high proportion of costs assigned to
‘Other’ within rise and fall, which is generally considered a less volatile and less risky inflation variable than
‘Labour’ and ‘Fuels & Oils’. As such, no detailed sensitivity analysis is required on the rise and fall variables
during the contract.
Should you have any queries in relation to the above, please do not hesitate to contact me on 0438 550 018 or
Yours sincerely
7 Z 2
Gavin O’Donovan
Director — Finance
Page 61 of 81Section 62
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
8 LEASING OF THE DEMOUNTABLE BUILDING AT BICENTENNIAL COMMUNITY
CENTRE
DOCUMENT INFORM AT ION
Author Community Facilities Manager, Ash Saward
Community Services Department
Index ECM/ Subject / 72.01 – The J
Attachments Nil.
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Community Facilities Manager to the General Committee
meeting dated 12 December 2016 and:
A. Approve the leasing of the Bicentennial Community Centre (BCC) demountable building to
Montessori Noosa (Education for Generations Ltd) on a 5 X 5 lease, commencing January
2017; and
B. Provide approval to lease the BCC annexe, also to Montessori Noosa, when the school’s
enrolment levels reach sufficiently high numbers, likely within the next two to three years.
REPORT
The Bicentennial Community Centre (BCC) is a large multipurpose venue located within a
community precinct at Sunshine Beach. The venue, which opened in 1988, consists of a main
hall (now permanently leased to Noosa Gymnastics Club), a standalone demountable building
and a separate rear annexe.
The demountable was originally placed onsite by the University of the Sunshine Coast as their
first campus in the Noosa Shire. They vacated the building and shifted to The J following its
opening. Following the University's departure, Council elected to purchase the building and
subsequently leased it to United Synergies / Noosa Flexible Learning Centre for use as a school.
Noosa Flexible Learning Centre vacated the building in mid-2014 following the construction of
their own facility in Girraween Court, Sunshine Beach. Since this time the demountable has
predominately been utilised by Little Seed Theatre Company via an ongoing casual hire
agreement.
Management are seeking Council's approval to enter into a 5 X 5 lease for the demountable,
commencing January 2017, for use by Montessori Noosa, a recently accredited primary school to
be managed by not-for-profit entity Education for Generations Ltd. Montessori Noosa will be
aligned with Little Seed Theatre Company and will independently facilitate continued use of the
building by the group.
The proposed usage is consistent with the building's previous use and will provide a stable
income stream for Council at rates commensurate with those commanded in the commercial
marketplace.
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GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Management are also seeking agreement from Council for the future leasing of BCC's annexe,
also to Montessori Noosa. The demountable building will be large enough for Montessori Noosa
in their first couple of years of operation, however if they grow in line with expectations they
would like to expand into the annexe. While this is subject to adequate enrolment numbers, a
degree of certainty around Council's willingness to enter into such an arrangement would aid the
planning efforts of both parties.
Currently the annexe is utilised by a handful of regular casual hirers for approximately 12 hours
per week. There is minimal sporadic usage outside of these hirers. Management is confident that
a majority of hirers could be accommodated at either The J or Noosa Leisure Centre, or at some
of the surrounding school halls. Permanently leasing the annexe would generate much higher
revenue than under the current utilisation model.
Previous Council Consideration
Ordinary Meeting, 18 August 2016, Item 14, Page 10
That Council note the report by The J & BCC Coordinator to the Services & Organisation
Committee meeting dated Tuesday 9 August 2016, providing an update on the activities of The J
and BCC for the 2015/16 financial year.
Page 6 of the report presented to Services & Organisation Committee dated 9 August 2016
stated: “The demountable building is currently permanently utilised by Little Seed Theatre
Company, with negotiations underway with the group to commence a community school campus
from the beginning of 2017. It is management's intention to enter into a lease agreement with the
school.”
Finance & Risk
Nil.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer x Community Services x Corporate Services
Executive Officer to the Mayor & CEO x Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws x Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
Governance Infrastructure Planning & Design
Human Resources x Planning & Environment
Sustainability Strategic Land Use Planning
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Section 64
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
9 NOOSA BIOSPHERE RESERVE BOARD ANNUAL REPORT
DOCUMENT INFORM AT ION
Author Chief Executive Officer, Brett de Chastel
CEO’s Office
Index ECM/ Subject/ Noosa Biosphere Reserve Foundation - Management
Attachments 1. Annual Report from Noosa Biosphere Reserve Foundation Board
(28pg attachment provided separately to this report; 2 x hard copies available in
Councillors’ Room)
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 12 December 2016 and note the annual report for the financial year 2015/16 to Council by
the Noosa Biosphere Reserve Foundation which also incorporates their September 2016
quarterly report.
REPORT
As Council is aware, the Noosa Biosphere Reserve Foundation (NBRF) was established by
Council in 2015.
Council has two roles with the NBRF Board. Firstly, it has the right to appoint one director of the
Board with Mayor Wellington being the current appointee. Secondly, the Council provides
funding under a Funding Agreement entered into on 1 June 2015. Under that funding
agreement, NBRF is required to provide a number of reports and information to Council.
Council has now received the annual report from the NBRF Board pursuant to section 5.2 (a) of
the Funding Deed which is attached to this report for the information of Council.
The Funding Agreement between the Council and NBRF includes a number of reporting and
other requirements in clauses 4 and 5 of that Deed. The current status of some of those key
requirements are set out below:
Clause 4.2 – requirement for NBRF to seek Council’s approval before NBRF commits to any
purchase, contract, undertaking or activity that has financial commitments beyond the period
of approved funding where Council funding is required. NBRF has complied with this
requirement by seeking Council’s approval (resolution in December 2015) for its multi-year
projects.
Clause 5.1 (a) – a requirement to develop a management plan for the Noosa Biosphere
Reserve in accordance with the management principles set out in Schedule 7 of the
Environment Protection and Biodiversity Conservation Regulation 2000. Subsequent to
entering into the Funding agreement with NBRF, we became aware that this requirement only
applies to Biosphere Reserves that were managed by the Commonwealth e.g. Uluru. That
legislative requirement does not apply to non-Commonwealth administered Biospheres. As
such, this requirement is not needed for the Noosa Biosphere Reserve.
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GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Clause 5.1 (b) – Develop an Operational Plan and Budget aligned with the objectives for the
Company and the Public Trust for each financial year and submit to Council for review no
later than three months before the beginning of each financial year. NBRF advised in writing
on 31 March 2016 that their budget requirements for 2016/17 would be the same as for the
previous year. Given that this was shortly after the change of Chairperson and with the
absence of their project officer, no further details were provided. The attached report now
sets out in more detail their 2016/17 operational budget. In accordance with this operational
budget, the Chairperson of NBRF has advised that it is unlikely that NBRF will require the
payment of its 3rd and 4th quarter operational payments (totalling $70,000).
Clause 5.1 (e) – In conjunction with the Council, develop appropriate key performance
indicators that best reflect the performance of the NBRF against the objects of the Public
Trust and submit to Council for review no less than 3 months before the beginning of each
financial year. The attached report includes a number of performance indicators used by the
NBRF Board. They have developed a traffic light system which is a useful tool to keep track
of which projects are on track / need monitoring or are behind. Council staff have provided
NBRF with some additional suggested KPIs focused on issues such as percentage of non-
Council funds raised for projects. As indicated in the annual report from NBRF (see page 3
of annual report) the development of suitable KPIs is a work in progress. Staff will follow up
with NBRF to formalise the final set of KPIs which needs to be agreed by both parties.
Clause 5.2 (a) – Prepare an annual report for each financial year and submit to Council no
later than 30 November each year. The annual report is to include evidence that the funding
is being successfully applied to the objects of the company and public trust and particularly to
the delivery of projects funded by the Council contribution. The attached report has been
provided by NBRF in relation to this requirement. (Note that an annual report was not
required in November 2015 as there was no Council funding provided in 2014/15 – refer
Council resolution dated 7 May 2015).
Clause 5.2 (b) – Prepare a progress report against the utilisation of the funding towards the
NBRF program and performance against agreed key performance indicators to 31 December
each year (6 month progress report) and submit to Council no later than 31 January each
year. Two 6 monthly reports have been previously been received – 31 January 2016 (from
former Chair Scott Williams) and 13 July 2016 (from Campbell Corfe the current
Chairperson). The current Chair has also indicated that he would like to provide Council with
more frequent updates and the attached annual report also includes activities up to 30
September 2016 (the first quarter of the financial year).
Clause 5.2 (c) – Provide an audited financial report (which identifies the use of the funding
provided by Council for the NBRF program). The attached report from NBRF includes their
annual financial statements. Note that advice from the Chairperson is that this financial
report has been audited but due to a timing issue with the NBRF Annual General Meeting
(AGM scheduled for Friday 9 December) the signed version of the audited financial
statements has not yet been provided. That is expected to be provided once the auditor
physically signs the document for the AGM. A copy of the audited financial report will be
provided separately to Councillors and placed on Council’s website once it is received. That
is expected after the date this report was prepared but before the date of the final Council
meeting of the year.
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Section 66
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Previous Council Consideration
Ordinary Meeting, 7 May 2015, Page 12, Item 4
That Council note the report by the Executive Officer to the Planning & Organisation Committee
Meeting dated 28 April 2015 and:
A. Agree to the revisions made to the draft funding deed between Council and the Noosa
Biosphere Foundation Ltd as detailed in Attachment 1 to the report; and
B. Authorise the Chief Executive Officer to amend Clause 4 – Payments to provide for the
project funding under Clauses 4.1 B ii) and iii) to be paid after 30 June 2015 and to finalise
the arrangements.
Ordinary Meeting, 12 March 2015, Page 10, Item 3
That Council note the report by the Executive Officer to the Planning & Organisation Committee
Meeting dated 3 March 2015 and the further report to the General Committee Meeting dated 9
March 2015 and:
A. Agree to enter into a funding deed with the Noosa Biosphere Reserve Foundation Ltd as
provided in Attachment 1 to the report to Planning & Organisation Committee dated 3
March 2015 with the following changes:
1. Clause 4.1 Payments
Amend clause 4.1 b) ii) to read “$250,000 (excluding GST) – payable to the NBRF
Public Trust from the Environment Levy for projects that conserve and/or improve
biodiversity in the Noosa Shire and have tangible and measurable outcomes”.
Amend clause 4.1 b) iii) to read “$80,000 (excluding GST) – payable to the NBRF
Public Trust for economic projects consistent with the purposes of the Trust.
2. Clause 6.2 Repayment of Funding
Amend as outlined in the further report to General Committee dated 9 March 2015.
B. Authorise the Chief Executive Officer to make minor alterations to the Deed, as may be
necessary, and enter into a formal agreement with the Foundation;
C. Agree in principle to a one-off contribution of $10,000 being for the establishment and initial
operating costs of a community based incorporated association that is aligned with the
purposes of the Noosa Biosphere Reserve Trust, subject to no membership fees being
charged until after the second annual general meeting;
D. Apply the exception to the requirement for tendering under Section 236(1)(b)(ii) of the Local
Government Regulation 2012 for the occupancy of part of Council owned premises located
on Lot 1, RP96529 at 52 Doonella Street, Tewantin as the proposed lease is to a not for
profit community organisation; and
E. Authorise the Chief Executive Officer to enter into negotiations with the Noosa Biosphere
Reserve Foundation Ltd and finalise a lease for part of Council owned premises located on
Lot 1, RP96529 at 52 Doonella Street, Tewantin, for a period of 3 years, with a 3 year
option
Finance & Risk
The purpose of this report is to provide the Council with a copy of the NBRF annual report.
Obviously, the financial risk occurs if the NBRF does not deliver good outcomes in accordance
with the purpose of the funding. The annual report provides Council with details of that progress.
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Section 67
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Consultation
External Consultation - Community & Stakeholder
Liaison with Chairperson of the NBRF
Internal Consultation
All Councillors have received a briefing and presentation from the Chairperson of the NBRF on
the projects referred to in the annual report.
Departments/Sections Consulted:
X Chief Executive Officer Community Services Corporate Services
X Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
Governance Infrastructure Planning & Design
Human Resources Planning & Environment
Sustainability Strategic Land Use Planning
Page 67 of 81
Section 68
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
10 OYSTER RESTORATION PROJECT - ACCEPTANCE OF DRAFT RESOURCE
ALLOCATION AUTHORITY CONDITIONS
DOCUMENT INFORM AT ION
Author Environmental Officer, Cherie O’Sullivan
Planning & Infrastructure Department
Index ECM/ Project & Contract/ Noosa River Management/ Oyster Reef
Restoration Project
Attachments 1. Plans
2. Background Detail
3. Draft Resource Allocation Authority pending Council approval
(All three Attachments provided separately to this agenda (63 pages); 2 x hard copies available in
Councillors’ Room)
EXECUTIVE SUMMARY
Oyster reefs provide important diversity to fish habitats for their health. Noosa River previously
boasted extensive oyster reefs throughout its system, and these coincided with reports of very
successful fisheries.
Following awareness of the functional extinction of oyster reefs from Noosa River through over
harvesting and dredging, there has recently been support for a project to restore the oyster reefs
through the system.
The Nature Conservancy in conjunction with the Thomas Foundation, The Noosa Biosphere and
the University of the Sunshine Coast have undertaken extensive background studies to deliver
such a project to benefit the Noosa River. Reports on the project have previously been presented
to Council in Ordinary Meetings held on 22 October 2015 Item 7, Page 8 and 20 November 2014,
Item 1, Page 3.
As the works will be proposed on public land and in areas such as Declared Fish Habitat Areas,
and Tidal Areas, State government policies only provide for public entities, such as Noosa
Council, to be the applicant for approvals needed to allow for delivery of such restoration
activities.
Given the changes to the substrate in the bed of Noosa River required to allow oysters to recruit,
compared to the early 1900’s, it is necessary for human intervention to provide oyster reef
restoration units. These units will facilitate the restoration of oyster spat in a vertical profile
elevated above the river bed in a manner that can facilitate natural restoration processes.
Installation of oyster reef restoration units at the most appropriate sites requires a Resource
Allocation Authority (RAA) from the Department of Agriculture, Forestry and Fisheries (DAFF).
Given that oyster reef restoration is a novel concept in Queensland, the policies of the State
Government have not yet been established to easily allow for this to occur. DAFF is proposing a
number of conditions to facilitate their approval of the beneficial project. The conditions of note
include signage, monitoring and indemnification to the State for any damage to persons or
properties on the State land as a result of the works.
Given that Noosa Council’s only involvement is to facilitate development approval for the project,
there is a possibility for all costs associated with such indemnification to be passed on to the
other project partners. Noosa Council staff are currently seeking advice from its insurers
regarding the costs of such liabilities.
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Section 69
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
RECOMMENDATION
That Council note the report by the Environment Officer to the General Committee Meeting dated
12 December 2016, and:
A. Accept the Draft Resource Allocation Authority conditions proposed by the Department of
Agriculture Forestry and Fisheries on behalf of the project partners;
B. Authorise the development application for the project to be submitted as soon as possible
to facilitate deployment of the oyster reef restoration units in the March to May oyster spat
recruitment season;
C. Authorise the Chief Executive Officer to negotiate and enter into a formal agreement with
relevant project partners, which will result in nil additional cost to Council (following
payment of development application fees) associated with the project, following receipt of
the development approval.
REPORT
The purpose of this report is to notify Council of the conditions proposed in the Resource
Allocation Authority, and seek Council’s agreement to proceed with the lodgement of a
development application.
1. Background
In 2015, Dr Ruth Thurston of the School of Biological Sciences and Australian Research Council
Centre of Excellence for Coral Reef Studies, University of Queensland prepared a report
detailing the historical ecology of the Noosa Estuary Fisheries. This report is available on
Council’s website (a link to the report can be found here or visit www.noosa.qld.gov.au/rivers-
creeks).
This report identified that among many significant changes to Noosa’s river system, the once
plentiful oyster reef habitats throughout the Noosa Estuary that provided important habitat to
fisheries resources, became functionally extinct in the mid-late 1900’s. This was attributed to
heavy harvesting of the oysters and dredging of the substructure for road construction materials.
A report was subsequently prepared detailing management options to restore the ecology of
Noosa River for the benefit of fisheries habitats. It identified the restoration of oysters as one of
the key components to restore the health of fisheries habitats, and therefore fisheries in the
Noosa River. This report is also available on Council’s website (a link to the report can be found
here or visit www.noosa.qld.gov.au/rivers-creeks).
To supplement the findings and recommendations of these reports, The Nature Conservancy
undertook a feasibility study to determine the likelihood of being able to naturally restore oyster
reefs in the Noosa River system. The study involved placement of 160 settlement tiles throughout
the Noosa River System. Oyster larvae or oyster spat successfully recruited on a number of
settlement tiles. This indicated that viable oyster spat is still plentiful throughout the Noosa River.
However, it was also concluded that while oyster spat is still plentiful, there is inappropriate
substrate remaining for settlement of the oyster spat throughout the system.
Following this study, Noosa Council co-funded with the other partners, the preparation of a
project plan and development application, also providing in kind support to investigate the
possibility of restoring oyster reefs throughout the Noosa River system. The project proposal is to
establish oyster restoration units at 15 sites throughout the Noosa River. The location and design
for the proposed oyster reefs are shown in Attachment 1 to this report.
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GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
To ensure that the proposed design would not be substituting any fish habitat resources that
were unlikely to have been inhabited with oysters prior to their removal in the mid 1900’s, a
further assessment of the Noosa River system was undertaken by Ecological Service
Professionals on 25-26 October 2016 (the ESP report).
The ESP report quantified that approximately 9,585m2/yr of oysters were likely to have been
removed from the river system for sale each year through peak harvest season. This was in
addition to an unquantified amount of oyster reef substructures that were dredged to provide
materials for road construction etc.
The ESP report also identified that 16,850m2 of buried or functionally dead oyster beds that are
unable to naturally recruit, remain within the Noosa River System.
The reason natural recruitment has not occurred since the mid 1900’s is attributed to a reduction
in hard oyster reef structures for the oyster spat to recruit on, compared to what was available
prior to dredging.
Where hard structures do exist, they are at an inappropriate profile to facilitate the establishment
of an oyster reef. The reasons include frequent sedimentation over the flat hard substrate level
with the river bed which prohibits successful spat recruitment. Oyster spat recruitment is also
most efficient on other oyster shells, most likely due to the ideal micro water chemistry their own
organism creates.
Oyster reefs that previously existed in Noosa River were established prior to hydrological
changes in the catchment such as excessive forestry in the upper catchment and alteration of the
river mouth in the lower catchment and changes to the benthic geology through oyster dredging.
The lack of natural recruitment since oyster harvesting ceased in the mid 1900’s, and the new
river processes, indicates it is now too difficult for the oysters to recruit their natural reef
establishment processes on their own and assistance is needed to provide the vertical profiles
and structures best suited for the natural recruitment processes.
Establishment of a vertical profile, as is proposed in the oyster restoration unit’s design, will
provide sufficient surface areas throughout the under structure for the oyster spat to settle and
continue growing even where sediment and algae establish on the top.
Further, the results of recent studies identified that the vertical profile provided by oyster reefs (as
opposed to flat oyster beds) have been shown to establish different microclimates and therefore
may provide additional levels of resilience for aquatic organisms in changing water temperatures
associated with climate change. Therefore, supporting restoration of lost oyster bed
environments in the Noosa River system can be seen as demonstrating Noosa Council’s
commitment to improving climate change adaptation for our environmental resources.
The conceptual diagram below demonstrates why restoration units are necessary to assist the
establishment of the natural oyster spat recruitment process.
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Section 71
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
The Noosa Biosphere ®, Noosa Parks Association in conjunction with The Thomas Foundation
and the University of the Sunshine Coast are the main partners to deliver the proposed oyster
reef restoration initiative.
2. Status of application
To ensure that the oyster reef restoration proposal will not interfere with recreational pursuits
within Noosa River, it is proposed that all the oyster reef restoration units are located within an
area of the Declared Fish Habitat Area (state managed resource) of the Noosa River.
This requires a Resource Allocation Authority (RAA) from the DAFF, which will only be issued
where it can be demonstrated that the project will benefit the public. For this reason, the RAA can
only be issued to Noosa Council as a representative of the community.
Following the provision of a RAA, a development approval, from Council, would then be required
for Prescribed Tidal Works. The Department of Environment and Heritage Protection, Maritime
Safety as well as the Department of Agriculture Forestry and Fisheries are concurrence agencies
for such an approval and their role is to ensure the project design is consistent with State
Planning Policies for their particular jurisdictions. Again this approval can only be issued to
Noosa Council as a representative of the community.
DAFF is co-operating to progress the application, however, despite positive evidence of this
project’s application elsewhere throughout the world, as oyster reef restoration is a novel concept
in Queensland policies do not currently exist within DAFF to allow for a straight forward approval
for oyster reef restoration.
DAFF has therefore proposed to issue a RAA to Noosa Shire Council to enable the submission
of the development application for the Oyster Reef restoration Units, subject to a number of
conditions. The exact wording of the proposed conditions is provided in Attachment 3 but the
conditions of note are summarised as follows:
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Section 72
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
1. The approval can only be issued on a trial basis. If the oyster spat does not successfully
recruit to a pre-agreed density after three years, the applicant, being Noosa Shire Council
is required to remove the oyster reef restoration units in the 4th year.
2. Signage is necessary at each site to notify the community that the oyster reef restoration
units are being deployed on a trial basis only, and provide details on who to contact if there
are issues or complaints about the sites.
3. A requirement to indemnify the State government from any legal proceedings or costs that
may result from damage to person or property as a result of the works.
4. After three years, the reef structures can no longer receive maintenance and must be
considered a natural part of the ecosystem within the Declared Fish Habitat Area.
3. Monitoring
As the project will only be allowed to remain deployed for a 3 year period, monitoring of the units
is necessary to identify whether or not the oyster spat is recruiting on the restoration units at a
rate that they are likely to naturally cement around the restoration units within the 3 year trial time
frame.
Where this Key Performance Indicator, as agreed to by DAFF is not met, it will be Noosa
Council’s responsibility, as the RAA holder, to remove failed oyster reef restoration units following
their deployment. All other units will be permitted to remain, however will be considered a natural
feature of the declared fish habitat area.
4. Funding for partners
To date, funding in the form of in kind support for seeking relevant approvals for deployment of
the oyster reef restoration units and one third of the funding of the fees associated with the
preparation and submission of the development approvals has been provided by Noosa Council
staff. There is no further funding budgeted to be provided by Noosa Council for the project.
Previous Council Consideration
Ordinary Meeting, 20 November 2014, Item 1, Page 3
That Council note the presentation to a Council workshop on 14 November 2014 from The
Nature Conservancy and the Thomas Foundation in relation to proposed projects to improve the
environmental outcomes for the Noosa River, and
A. Authorise the Chief Executive Officer to write to The Nature Conservancy and the Thomas
Foundation advising that the Council will provide support for the two initial proposed projects
with a Council financial contribution of up to $25,000 and with Council also providing support
for any required interface to government agencies; and
B. Request the Chief Executive Officer to continue liaison with both The Nature Conservancy
and the Thomas Foundation regarding possible future projects for consideration and to
provide Council with updates as required.
Page 72 of 81
Section 73
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Ordinary Meeting, 22 October 2015, Item 7, Page 8
That Council note the report by the Environment Officer (Rivers and Coast) to the Planning &
Organisation Committee Meeting dated 13 October 2015 and:
A. Confirm support for the establishment of a small scale pilot oyster reef restoration project to
build further knowledge in this area of aquatic restoration of the Noosa Estuary; and
B. Agree to provide in kind technical support to the Thomas Foundation for the development of a
detailed project proposal.
Finance & Risk
Noosa Council’s Governance Advisor is currently seeking advice from Council’s insurer LGM
regarding any cost implications associated with indemnifying the state from any costs associated
with the project. At the time of writing this report no comment had been received, however, a
verbal update will be provided to Council at the General Committee meeting.
With respect to the costs of removal of any unsuccessful units, Thomas Schlacher, on behalf of
USC, has verbally agreed to cover the full cost of any necessary removal of the reef restoration
units.
The costs of signage are estimated to be around $30,000 (2 signs per site). Monitoring activities
will be performed by the University of the Sunshine Coast.
There will be some administrative burden associated with the project due to Council being the
nominated contact reference on the signage, including maintaining a register of comments and/or
complaints.
With respect to the above, formal agreements will need to be developed between Council and
the relevant project partners to ensure clarity with respect to parties’ respective obligations,
financial contributions and to protect Council’s interests.
Provided that suitable agreements can be made, or bonds sought from the project partners to
indemnify the Council from any costs associated with the project, the risk associated with the
project would be considered acceptable and beneficial in terms of demonstrating Noosa
Council’s commitment to The Noosa Plan Environmental Sector Vision which states:
The Noosa community has a commitment to environmental excellence and sustainability. The
impact of human settlement has been minimised. We manage, maintain, restore and preserve
our natural environment of:
a) biodiversity of flora and fauna;
b) air;
c) land;
d) water; and
e) forests and other ecosystems.
Restoration of oyster reefs that were anthropogenically removed in the pioneering days of Noosa,
will deliver community benefit in accordance with the Environmental Sector Vision of the Noosa
Plan, which is to restore natural environments impacted by Human Settlement.
Page 73 of 81
Section 74
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
Consultation
External Consultation - Community & Stakeholder
Following receipt of the draft conditions of the RAA, a meeting between Council and all project
partners was held on 30 November 2016. At that meeting, the project partners agreed to accept
the conditions of the RAA and agreed that further discussions would be held on funding the costs
associated with those conditions.
Others consulted to date regarding the project include
Sunfish.
Department of Agriculture, Forestry and Fisheries
Department of Environment and Heritage Protection
University of the Sunshine Coast
The Nature Conservancy
Oceanwatch
Internal Consultation
Paul Bright – Governance Advisor
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
X Governance Infrastructure Planning & Design
Human Resources X Planning & Environment
Sustainability Strategic Land Use Planning
Page 74 of 81
Section 75
GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2016
11 FINANCIAL PERFORMANCE REPORT - NOVEMBER 2016
DOCUMENT INFORM AT ION
Author Manager Financial Services, Wayne Jensen
Corporate Services Department
Index ECM / Subject / 22.09 – Monthly Financial Performance Report
Attachments 1. Statement of Comprehensive Income
2. Statement of Financial Position
EXECUTIVE SUMMARY
Overall year to date financial performance against budget shows a positive variance, with
revenue and expenditure continue to track slightly above and below budget respectively.
Financial Performance Summary to 30 November 2016
Current YTD Actual Variance Variance Status
YTD $m $m YTD
Budget %
$m
Recurrent Revenue $42.2 $43.2 $1.0 2.3% On track
Recurrent Expense $35.3 $34.7 $0.6 1.8% On track
Net Capital Revenue $1.9 $2.7 $0.8 40% On track
Capital Expenditure $5.6 $4.8 $0.7 13% On track
Financial statements including Statement of Comprehensive Income (profit & loss) and
Statement of Financial Position (balance sheet) are included as attachments for information of
Council.
Figure 1: Actual Performance Compared to YTD Budget
$50
$45
$40
$35
$30
$25
$20
$15
$10
$5
$-
YTD Budget ($m) YTD Actual ($m)
Operating Revenue Operating Expenditure
Page 75 of 81
The text continues on section 76.