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SUPERSEDED Negotiated Report (Representations made) OPW25 0042 (As Published) · OPW25/0042

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               REQUEST FOR NEGOTIATED DECISION REPORT
               Author                  Senior Development Engineer, Daniel Epps
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                      OPW25/0042

                  Development Approval                 Operational Works - Drainage Works, Earthworks

                  Applicant                            Calile Malouf Investments P/L TTE

                  Representations Received On          28 August 2025

                  Negotiated Decision Due Date         9 October 2025

                  Report Reviewed & Finalised          Will Lowe – 11 September 2025
                  By

                  Number of Submissions for            NIL
                  Original Application


                  PROPERTY DETAILS

                  Property Address                     7 Serenity Cl Noosa Heads Qld 4567

                  RP Description                       Lot 11 SP 195871, Lot 10 SP 335472

                  Land Area                            1213.0000 m²
                                                       11880.000 m²

                  Existing Use of Land                 Vacant


                  STATUTORY DETAILS

                  SEQRP Designation                    Urban Footprint

                  Zone                                 Tourist Accommodation & Environmental Management and
                                                       Conservation

                  Precinct                             Not applicable

                  Local Area Plan                      Noosa Heads

                  Overlays                             Acid Sulfate Soils, Biodiversity, Waterways and Wetlands,
                                                       Bushfire Hazard, Landslide Hazard, and Koala Habitat Area

                  Assessment Type                      Representations made to original approval



                                                                                                     Page 1 of 7

Document Set ID: 24109099
Version: 6, Version Date: 25/09/2025
Full text of the other 6 pages

Page 2

               1.     BACKGROUND
               A development approval for Operational Works - Drainage Works, Earthworks was issued on 12
               August 2025
               The applicant suspended the appeal period and made representations on 28 August 2025 to the
               development approval conditions. The representations are detailed below but primarily relate to
               the compliance and municipal works bonds, extent of dilapidation reporting, and public
               engagement.
               2.     ASSESSMENT
               An assessment in relation to each of the submitted representations is provided below:
               Existing Condition 5
               5.     A site control and/or compliance bond of $100,000 is to be submitted to Council prior to the
                      pre-start meeting. The pre-start meeting will only be held once Council's Construction
                      Engineering Officer has confirmation that the bond monies have been received by Council.
                      The bond will be refunded less any costs incurred by Council in ensuring compliance with
                      these conditions or any additional inspections incurred for substandard work or work
                      undertaken not in accordance with this permit.
               Applicant’s Request
               The applicant has requested existing condition 5 be deleted due to a performance bond imposed
               under condition 28 of the higher order approval (132008.176.05).
               Assessment of Request
               The $200,000 performance bond imposed under condition 28 of the higher order approval
               (132008.176.05) and is intended to secure the performance of the conditions held within the higher
               order approval, not this Operational Works approval.
               The $100,000 compliance bond is imposed to secure the performance of the conditions held within
               this Operational Works approval – which includes conditions that are not included in the higher
               order approval. For example, condition 11 (Construction & Traffic Management, Dilapidation
               Reporting, Pavement & Traffic Impacts).
               Recommendation
               It is recommended existing condition 5 remain unchanged.


               Existing Condition 11c
               11.    An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
                      submitted to Council for agreement prior to the pre-start meeting and must specifically
                      address the following:
                      c.      A Dilapidation Report for the haulage route commencing from the Serenity Close cul-
                              de-sac and concluding at the Reef – Eenie Creek roundabout (inclusive). The report
                              must include:
                              i.       a video inspection of the defined route; and
                              ii.      an itemised list of each existing defect.
               Applicant’s Request
               The applicant has requested existing condition 11c be amended and replaced with the following
               amended condition:
               11.    An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
                      submitted to Council for agreement prior to the pre-start meeting and must specifically
                      address the following:


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Document Set ID: 24109099
Version: 6, Version Date: 25/09/2025

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                      c.      A Dilapidation Report for the haulage route commencing from the Serenity Close cul-
                              de-sac and concluding at the Reef – Eenie Creek Grant Street/Noosa Drive
                              roundabout (inclusive). The report must include:
                              i.       a video inspection of the defined route; and
                              ii.      an itemised list of each existing defect.
               Assessment of Request
               The applicant has requested to reduce the extent of the dilapidation reporting from the major road
               network due to the existing substantial traffic volumes, which has the potential to include heavy
               vehicles that are not associated with the proposed works.
               It is understood that the applicant is concerned about being held accountable for defects caused
               to the haulage route in areas that are currently highly trafficked, including by other heavy vehicles
               not associated with the proposed works.
               The haulage route between the Serenity Close cul-de-sac and the Reef Street/Eenie Creek Road
               roundabout is likely to experience degradation during haulage due to the geometry of the route
               (i.e., roundabouts, tight turns, up-and-down grades, etc.). While the haulage route west of the
               Weyba Road/Noosa Drive bridge is likely to experience substantial traffic volumes, these volumes
               are unlikely to include heavy vehicles under load. Engineering suggest that it is a reasonable
               imposition, and in the interest of protecting both parties, for the applicant to undertake dilapidation
               reporting on the entire haulage route.
               Recommendation
               It is recommended existing condition 11c remain unchanged.


               Existing Condition 11d iv.
               11.    An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
                      submitted to Council for agreement prior to the pre-start meeting and must specifically
                      address the following:
                      d.      Construction/Traffic Management during all aspects of the construct phase including:
                              iv.      Restricting on-street car parking to facilitate safe turning widths for HV’s. (*)
                                       (*) Refer to Advisory Note
               Applicant’s Request
               The applicant has requested existing condition 11d iv be amended to remove reference to an
               Advisory Note, or the Advisory Note to be included in the Decision Notice.
               Assessment of Request
               The condition refers to Advisory Note 15 – Road Reserve Permit.
               The purpose of this Advisory Note is to advise the applicant that additional activities in Council’s
               road reserve for the purpose of acting of this development permit mat require a Road Reserve
               Permit.
               The removal of the “(*) Refer to Advisory Note” has no consequence to the condition.
               Recommendation
               It is recommended existing condition 11d iv be amended to read as follows:
               11.    An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
                      submitted to Council for agreement prior to the pre-start meeting and must specifically
                      address the following:
                      d.      Construction/Traffic Management during all aspects of the construct phase including:
                              iv.      Restricting on-street car parking to facilitate safe turning widths for HV’s. (*)
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Document Set ID: 24109099
Version: 6, Version Date: 25/09/2025

Page 4

                                       (*) Refer to Advisory Note


               Existing Condition 11g
               11.    An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
                      submitted to Council for agreement prior to the pre-start meeting and must specifically
                      address the following:
                      g.      Establishment of a communication protocol including an on onsite public information
                              session, and correspondence to adjoining owners, emergency services and local
                              businesses to advise of agreed construction times, impacts on traffic and services and
                              other relevant issues.
               Applicant’s Request
               The applicant has requested existing condition 11g be amended and replaced with the following
               amended condition:
               11.    An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
                      submitted to Council for agreement prior to the pre-start meeting and must specifically
                      address the following:
                      g.      Establishment of a communication protocol in the form of an information and
                              response website including an on onsite public information session, and
                              correspondence to adjoining owners, emergency services and local businesses to
                              advise of agreed construction times, impacts on traffic and services and other relevant
                              issues.
               Assessment of Request
               The applicant has requested to substitute the onsite public information session with an interactive
               ‘one stop shop’ website for information distribution and complaint resolution. The applicant has
               expressed concern that an onsite public information session is likely to attract those opposed to
               the development and believes the request is unreasonable given an approval has been issued.
               Engineering considers the proposal an improvement from the original condition and is supportive
               of the request.
               Recommendation
               It is recommended existing condition 11g be amended to read as follows:
               11.    An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
                      submitted to Council for agreement prior to the pre-start meeting and must specifically
                      address the following:
                      g.      Establishment of a communication protocol in the form of an information and
                              response website including an on onsite public information session, and
                              correspondence to adjoining owners, emergency services and local businesses to
                              advise of agreed construction times, impacts on traffic and services and other relevant
                              issues.


               Existing Condition 11h
               11.    An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
                      submitted to Council for agreement prior to the pre-start meeting and must specifically
                      address the following:
                      h.      Include a post out to the local residents and businesses, including all the residents
                              along the haulage route up to Reef-Eenie Creek roundabout advising of the proposed
                              development including the expected time frames and the site contact details.
               Applicant’s Request

                                                                                                        Page 4 of 7

Document Set ID: 24109099
Version: 6, Version Date: 25/09/2025

Page 5

               The applicant has requested existing condition 11h be amended and replaced with the following
               amended condition:
               11.    An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
                      submitted to Council for agreement prior to the pre-start meeting and must specifically
                      address the following:
                      h.      Include a post out to the local residents and businesses, including all the residents
                              along the haulage route from the Serenity Close cul-de-sac up to Reef-Eenie Creek
                              Grant Street/Noosa Drive roundabout advising of the proposed development
                              including the expected time frames and the site contact details.
               Assessment of Request
               The applicant has requested condition 11h be amended to be consistent with the requested change
               to 11c.
               While Engineering recommends the extent of dilapidation reporting remains as originally
               conditioned, Engineering is generally supportive of this request due to the establishment of the
               information and reporting website required as part of condition 11g but recommends the post out
               conclude at the Leslie/Noosa Drive roundabout rather than the Grant Street/Noosa Drive
               roundabout.
               Local residents and businesses west of the Lesie/Noosa Drive roundabout will be able to access
               the information and reporting website which achieves the intent of original condition.
               Recommendation
               It is recommended existing condition 11h be amended to read as follows:
               11.    An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
                      submitted to Council for agreement prior to the pre-start meeting and must specifically
                      address the following:
                      h.      Include a post out to the local residents and businesses, including all the residents
                              along the haulage route from the Serenity Close cul-de-sac up to Reef-Eenie Creek
                              the Leslie/Noosa Drive bridge roundabout advising of the proposed development
                              including the expected time frames and the site contact details.


               Existing Condition 13
               13.    Prior to the commencement of municipal works associated with this development, Council
                      requires the provision of a bank guarantee, or a cash bond, of not less than 10% (minimum
                      of $5000) of the value of the municipal works.
               Applicant’s Request
               The applicant has requested existing condition 13 be deleted due to an existing performance bond
               imposed under condition 28 of the higher order approval (132008.176.05).
               Assessment of Request
               Consistent with Engineering’s assessment of the requested removal of condition 5, the municipal
               works bond strictly relates to the municipal works (i.e., works to be Council owned) and does not
               form any part of the higher order approval, nor the Operational Works compliance bond.
               This bond secures the performance of the asset and provides a financial incentive for any
               rectification works to occur during the maintenance period. Council will not accept works as On
               Maintenance without a municipal works bond (aka, ‘Maintenance Bond’).
               Recommendation
               It is recommended existing condition 13 remain unchanged.



                                                                                                       Page 5 of 7

Document Set ID: 24109099
Version: 6, Version Date: 25/09/2025

Page 6

               3.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme. The
               requested changes to the conditions do not raise any significant issues and are therefore
               supported. The application is therefore recommended for approval.
               The report is provided in accordance with Section 76 of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No. OPW25/0042, and the representations made, Council on 10
               September decided to:
               A.     Agree to amend conditions 11d iv, 11g & 11h to read as follows:


               11.    An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
                      submitted to Council for agreement prior to the pre-start meeting and must specifically
                      address the following:
                      a.      All recommendations identified in the Road Safety Audit (included in reference
                              documents).
                      b.      Methods for addressing traffic impacts identified in the Traffic Impact Assessment
                              (included in reference documents) and including:
                              i.       Demonstrating how the project will ensure haulage does not exceed 75 inbound
                                       or 75 outbound trucks per day, and no more than 10 trucks in / 10 trucks out per
                                       hour.
                              ii.      How truck movements will be monitored and verified (e.g. through delivery
                                       dockets, traffic counters, or similar).
                      c.      A Dilapidation Report for the haulage route commencing from the Serenity Close cul-
                              de-sac and concluding at the Reef – Eenie Creek roundabout (inclusive). The report
                              must include:
                              i.       a video inspection of the defined route; and
                              ii.      an itemised list of each existing defect.
                      d.      Construction/Traffic Management during all aspects of the construct phase including:
                              i.       A Parking Management Plan for construction workers
                              ii.      A waste collection/haulage conflict management plan prepared in collaboration
                                       with Noosa Council’s Waste Team identifying waste collection times and haulage
                                       schedules designed to avoid traffic conflicts.
                              iii.     A Traffic Management Control Plan in accordance with Manual of Uniform Traffic
                                       Control Devices (MUTCD) detailing all temporary signage and traffic control
                                       measures prior to construction.
                              iv.      Restricting on-street car parking to facilitate safe turning widths for HV’s.
                              v.       Maintenance of safe vehicle and pedestrian access across the frontage of the
                                       site both during daily construction and after daily construction has ceased.
                              vi.      Proposed fencing to the site during the construction phase of the development.
                      e.      Maintenance and protection of water quality and existing drainage lines through the
                              construction site through the implementation of appropriate erosion and sediment
                              control measures.
                      f.      Works programme identifying key components of the works and their respective
                              durations.



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Document Set ID: 24109099
Version: 6, Version Date: 25/09/2025

Page 7

                      g.      Establishment of a communication protocol in the form of an information and response
                              website, and correspondence to adjoining owners, emergency services and local
                              businesses to advise of agreed construction times, impacts on traffic and services and
                              other relevant issues.
                      h.      Include a post out to the local residents and businesses along the haulage route from
                              the Serenity Close cul-de-sac to the Leslie/Noosa Drive bridge advising of the
                              proposed development including the expected time frames and the site contact details.
                      i.      Include signage in prominent locations on the boundaries of the site advising of the
                              proposed development, the expected time frames and the site contact details.
                      j.      identification of complaint management procedures including:
                              i.       contact details for the on-site manager.
                              ii.      dispute resolution procedures.
                      k.      details on the location of external fill/dump sites/sources, the haulage route, type of
                              vehicle to be utilised during filling operations and frequency of usage. Note any
                              damage to the existing road system as a result of haulage operations shall be fully
                              repaired at the applicant’s expense.


               B.     Refuse the representations made to Conditions 5, 11c & 13 for the following reasons:


                    1. Council has decided to refuse the representations made to Condition 5. The $100,000
                       compliance bond is imposed to secure the performance of the conditions held within this
                       Operational Works permit, not the conditions of the higher order Material Change of Use
                       permit (132008.176.05).
                    2. Council has decided to refuse the representations made to Condition 11c. The proposed
                       haulage route is likely to experience degradation due to the geometry of the roads (i.e.,
                       roundabouts, tight turns, extent of road furniture, up-and-down grades, etc.). Council
                       acknowledges the haulage route west of the Webya Road/Noosa Drive currently
                       experiences substantial traffic volumes; however, these volumes are unlikely to consist of
                       heavy vehicles under load. Council believes the condition is reasonable and relevant and
                       is in the best interest of both parties to protect themselves during haulage works.
                    3. Council has decided to refuse the representations made to Condition 13. The bond is
                       imposed to secure the performance of any municipal asset(s) and provides a financial
                       incentive for the applicant to undertake the necessary maintenance and/or rectification
                       works on the asset during the maintenance period and before asset handover to Council.
                       Council will not accept an asset as ‘on maintenance’ without a municipal works bond
                       (referred to as a ‘Maintenance Bond’).




                                                                                                        Page 7 of 7

Document Set ID: 24109099
Version: 6, Version Date: 25/09/2025

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