Original source · versioned page text
2022-10-24 General Committee Meeting Agenda
Very large file: it may take a few minutes
The original of this document is very large (16.5 MB). Opening the original or downloading it may take a few minutes. Please be patient and don't click again. The page text is quick to read. If you are on mobile data, it is best to wait until you are on Wi-Fi.
Text sections have not been matched to the original PDF pages. Use the original document to check page numbers.
AGENDA
General Committee
Meeting
Monday, 24 October 2022
commencing at 10am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Karen Finzel, Joe Jurisevic, Amelia
Lorentson, Clare Stewart, Brian Stockwell, Tom Wegener
“Noosa Shire – different by nature”
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalLog in to download the original file
Very large file: the download may take a few minutes. If you are on mobile data, it is best to wait until you are on Wi-Fi.
Searchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of sections 2 to 88 (of 113)
Section 2
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
TABLE OF CONTENTS
ITEM PAGE
1. ATTENDANCE & APOLOGIES 3
2. CONFIRMATION OF MINUTES 3
3. PRESENTATIONS 3
4. DEPUTATIONS 3
5. ITEMS REFERRED FROM COMMITTEES 3
1 132008.176.04 - APPLICATION FOR EXTENSION TO CURRENCY PERIOD
FOR A DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF
PREMISES - RESORT DEVELOPMENT COMPRISING A MULTIPLE DWELLING
(109 DWELLING UNITS) AND ACCOMMODATION BUILDING (90
ACCOMMODATION UNITS) AND ANCILLARY FACILITIES AT 3 AND 7 SERENITY
CLOSE, NOOSA HEADS 3
2 T000074 NOOSA NORTH SHORE FERRY SERVICE TENDER 3
3 ADVERTISING SPENDING POLICY 3
6. REPORTS DIRECT TO GENERAL COMMITTEE 4
4 DBW21/0216 APPLICATION FOR BUILDING WORKS FOR A DWELLING HOUSE
AT 60 SEAVIEW TERRACE, SUNSHINE BEACH 4
5 MCU22/0067 – REPRESENTATIONS TO DEVELOPMENT PERMIT FOR
MATERIAL CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 401
SUNRISE ROAD, TINBEERWAH 31
6 MCU16/0044.02 APPLICATION FOR MINOR CHANGE TO DEVELOPMENT
APPROVAL DIGITAL HUB AT 255 DAVID LOW WAY, PEREGIAN BEACH
DECIDED UNDER DELEGATION 37
7 NOOSA RIVER OYSTER ECOSYSTEM RESTORATION PROJECT – FINAL
REPORT 40
8 CONTRACT NO. T000071 MCKINNON DRIVE COMMUNITY SPORTS FACILITY
REPLACEMENT – TENDER AWARD 68
9 2022 FLOOD EVENT RECOVERY FUNDING UPDATE 74
10 COMMUNITY DISASTER RESPONSE AND RECOVERY GRANT 78
11 ORGANISATIONAL ESTABLISHMENT 81
12 FINANCIAL PERFORMANCE REPORT – SEPTEMBER 2022 100
7. CLOSED SESSION 113
Page 2 of 113
Section 3
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
1. ATTENDANCE & APOLOGIES
2. CONFIRMATION OF MINUTES
The Minutes of the General Committee Meeting held on 12 September 2022 be received and
confirmed.
3. PRESENTATIONS
Nil.
4. DEPUTATIONS
Nil.
5. ITEMS REFERRED FROM COMMITTEES
PLANNING & ENVIRONMENT COMMITTEE
1 132008.176.04 - APPLICATION FOR EXTENSION TO CURRENCY PERIOD FOR A
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF PREMISES -
RESORT DEVELOPMENT COMPRISING A MULTIPLE DWELLING (109
DWELLING UNITS) AND ACCOMMODATION BUILDING (90 ACCOMMODATION
UNITS) AND ANCILLARY FACILITIES AT 3 AND 7 SERENITY CLOSE, NOOSA
HEADS
(Planning & Environment Committee Agenda, 11 October 2022, Item 1, Page 4)
Reason for referral – due to the significance of the issue.
SERVICES & ORGANISATION COMMITTEE
2 T000074 NOOSA NORTH SHORE FERRY SERVICE TENDER
(Services & Organisation Committee Agenda, 11 October 2022, Item 3, Page 4)
Reason for referral – due to the significance of the issue.
3 ADVERTISING SPENDING POLICY
(Services & Organisation Committee Agenda, 11 October 2022, Item 4, Page 39)
Reason for referral – for further discussion.
Page 3 of 113
Section 4
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
6. REPORTS DIRECT TO GENERAL COMMITTEE
4 DBW21/0216 APPLICATION FOR BUILDING WORKS FOR A DWELLING HOUSE AT 60
SEAVIEW TERRACE, SUNSHINE BEACH
Author Graduate Development Planner, Jada Lyons
Environment and Sustainable Development
Index ECM/Applications/DBW21/0216
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant GW Holdings P/L TTE
Proposal Building Works - Dwelling House
Properly Made Date 16 December 2021
Information Request Date 25 January 2022
Information Response Date 19 August 2022
Decision Due Date 27 October 2022
Number of Submissions Not applicable
PROPERTY DETAILS
Property Address 60 Seaview Tce Sunshine Beach Qld 4567
RP Description Lot 66 RP 81810
Land Area 549m²
Existing Use of Land Dwelling house
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential Zone Code
Precinct Not applicable
Local Plan Area Coastal Communities Local Plan Area
Overlays Coastal Protection Overlay
• Coastal Building Line
• Coastal Protection and Scenic Amenity
Landslide Hazard Overlay
• Moderate Hazard Area
Assessment Type Code
EXECUTIVE SUMMARY
This application relates to development of a new dwelling house on the subject site located at 60
Seaview Terrace, Sunshine Beach. The subject site is located in a mapped moderate landslide
hazard area under the Noosa Plan 2020 and included in the Coastal Management District and a
mapped erosion prone area with the inclusion of a coastal building line by the state. The applicant
has submitted a geotechnical investigation and a coastal hazard assessment with the application.
These reports have been reviewed by external consultants for Council and will assist in effectively
mitigating the risks of coastal erosion processes.
Page 4 of 113
Section 5
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
The proposed development seeks to vary provisions within the planning scheme in relation to site
cover, height, the inclusion of a rooftop terrace and building beyond the coastal building line. The
variations are considered reasonable and will not cause any detrimental impacts to the subject
site, surrounding properties or the streetscape. As such, the proposal is recommended for
approval.
RECOMMENDATION
That Council note the report by the Graduate Development Planner to the General Committee
Meeting dated 24 October 2022 regarding Application No. DBW21/0216 for a Development Permit
for Building Works - Dwelling House situated at 60 Seaview Tce Sunshine Beach and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
building being occupied, and then compliance maintained at all times while the use of the
building continues.
2. The applicant must provide a copy of the development approval to the private building
certifier who assesses the subsequent development application for a development permit for
building works for the construction of the Detached House and the associated deck and pool
area.
Approved Plans
3. Development must be undertaken strictly under the approved plans listed in the following
table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
DA001 B Site & Roof Plan Site Analysis, prepared by 16/08/2022
Durbach Block Jaggers
DA002 B Plans, prepared by Durbach Block Jaggers 16/08/2022
DA003 B Elevations Sheet 1, prepared by Durbach Block 16/08/2022
Jaggers
DA004 B Elevations Sheet 2, prepared by Durbach Block 16/08/2022
Jaggers
DA005 B Sections, prepared by Durbach Block Jaggers 16/08/2022
DA007 B Perspective Views, prepared by Durbach Block 16/08/2022
Jaggers
Amended Plans
4. Prior to the issue of any further development approvals amended plans must be submitted
to Council. The plans must reduce the extent of the rooftop terrace on the upper floor by 3
metres on the northern side and 3.7 metres on the southern side measured from the edge of
the proposed upper storey. The plans must be to the satisfaction of the Manager,
Development Assessment.
Approved Documents
5. Development must be undertaken strictly under the approved documents listed in the
following table unless otherwise amended by these conditions.
Page 5 of 113
Section 6
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Document
• Tectonic report “Geotechnical Investigation, Proposed residence 60 Seaview Terrace,
Sunshine Beach”, reference 21373-001-Rev 1 dated 29 March 2022.
• Royal Haskoing DHV report ‘Report 60 Seaview Terrace, Sunshine Beach Coastal
Hazards Assessment, reference PA2907 dated 14 February 2022.
Built Form
6. The maximum height of the development must not exceed 8 metres above the finished
ground level and the natural ground surface, except the central part of the upper storey roof
which must not exceed 8.38 metres.
7. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
building does not exceed the maximum height requirement of this Decision Notice.
Currency Period
8. This development approval lapses if the use has not happened by 28 October 2024, unless
an application to extend the currency period is approved by Council.
Performance Bond
9. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Building 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.
Landscaping
10. A minimum of 20% of the site must be retained as soft landscaping.
11. A mix of native landscaping, including ground covers, shrubs and trees are to be provided
for a width of 5 metres from the rear boundary of the site.
Coastal Protection
12. Gates must not be installed along the seaward property boundary to gain direct access to
the beachfront.
13. External colours and finishes of the building must comprise of muted/environmental tones
that blend with the natural environment.
14. All lighting associated with all works approved as part of this application must be positioned
and managed to reduce sky glow and light spill onto the beach to minimise disruption to turtle
nesting and sea-finding behaviour of hatchlings. Management measures include reduced
intensity, long wavelength lights; shielded, low to the ground, and directed onto areas of
interest; low reflectance building surfaces and paint; and tinted external glass. The following
are to be incorporated into the works approved as part of this application:
a. All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE)
must have 15% visible light transmittance tinting.
b. All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE)
must be fitted with opaque blinds, to be drawn from 8pm during turtle nesting and
hatching season (October – May).
c. All outdoor lights must have a maximum of 2700 K correlated colour temperature
(CCT). All indoor lights must have a maximum of 3000 K CCT. All lighting (interior and
exterior) must avoid the use of halogen, metal halide, or fluorescent lights.
Page 6 of 113
Section 7
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
d. Amber LED (590-610 nm) or low pressure sodium lighting must be used as a standard.
Warm white is to be used only where colour rendition is required. LED lights must not
contain short wavelength blue light and supplier should be asked to provide spectral
power curve of requested LEDs to prove the absence of short wavelengths.
e. The number and wattage of lights must be minimised.
f. All lights must be recessed into structures and roof, and directed away from the turtle
nesting habitat.
g. No lighting is permitted on the roof of the building.
h. All outdoor lights, including balcony lights, must be turned off between 8:00pm and
sunrise during turtle nesting and hatching season (October – May).
i. External feature lighting to the building must be positioned below 10 metres in height
and turned off between 8:00 pm and sunrise during turtle nesting and hatching season
(October – May).
j. No upward lights or vertical illumination of the building, vegetation or other structures
using lighting that shines into the sky to be used.
k. Where lighting is required for safety purposes (including all corridors above ground
level, stairwells, entry points etc.), the lighting of these areas must be activated by
proximity sensors or motion detectors with an associated deactivation of the lighting
after no more than 10 minutes during turtle nesting and hatching season (October –
May). For lighting in other areas, timers, proximity or motion activated light sensors
must be used wherever possible.
l. No decorative outdoor lighting is to be fitted to the buildings, open space or recreation
areas (e.g. Fairy/Christmas lights) during nesting and hatching season (October –
May).
m. Pool lighting must be switched off after 8:00pm during nesting and hatching season
(October – May).
n. All exterior lighting must be shielded by a minimum of 30 cm vertical shielding.
Geotechnical
15. A footing system and erosion protection system must be designed for the proposed
development to withstand the short-term erosion associated with a 500-year average
recurrence interval storm event combined with shoreline recession due to sea-level rise for
2100 climate change. The short-term erosion associated with a 500-year average recurrence
interval storm event combined with shoreline recession due to sea-level rise for 2100 climate
change to be considered for the design as per the recommendations of the Royal Haskoning
DHV report ‘Report 60 Seaview Terrace, Sunshine Beach Coastal Hazards Assessment’,
reference PA2907 dated 14 February 2022.
16. The footing system and erosion protection system must be in accordance with the works
detailed in the Tectonic report “Geotechnical Investigation, Proposed Residence 60 Seaview
Terrace, Sunshine Beach”, (Reference 21373-001-Rev 1 dated 29 March 2022) and other
supporting documents referenced in the Tectonic report.
17. In addition to the requirements of the Tectonic report, footings for the proposed house shall
extend below a line drawn at 28° extending upwards to the west from the base of the rear
point of the erosion event and be designed to accommodate the potential lateral load from a
landslide above this line.
18. The design must be accompanied by certification from a Registered Professional Engineer
of Queensland (RPEQ) specialising in geotechnical engineering that the design is
satisfactory and will provide a long-term factor of safety with respect to slope stability of not
less than 1.5.
Page 7 of 113
Section 8
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
19. Following construction, certification must be supplied to Council by an RPEQ specialising in
geotechnical engineering that the works have been constructed in accordance with the
approved design.
20. A dilapidation survey shall be carried out of all adjacent properties and structures before the
commencement of construction of the proposed development on the site.
21. Due to the risk of instability on the existing dune slope and the potential for settlement of
loose sand on the adjacent properties, vibrations must be kept to a minimum and must be
monitored during the construction of the development. Driven piles (both sheet piles and pile
footings) are not permitted on the site.
22. Landscaping at the rear of the property and the crest of the existing dune slope shall be
limited to a maximum surcharge of 5kPa unless a site-specific slope stability analysis is
carried out to demonstrate that higher loads are acceptable.
23. Under no circumstances shall building materials be temporarily stockpiled in the area of the
crest of the existing dune slope or on the slope.
24. Discharge of concentrated stormwater flows onto the dune slope must be avoided, and under
no circumstances will subsurface disposal of water be permitted using infiltration pits.
25. Stormwater runoff from gutters, down-pipes, driveways, and paved areas must be collected
and directed by pipes into the Council stormwater system along Seaview Terrace.
26. The existing dune slope and any areas disturbed by the construction of the proposed
development shall be revegetated as soon as possible to reduce the potential for erosion.
Earthworks
27. Earthworks required on-site must be carried out in accordance with Council’s Planning
Scheme Policy PSP6 Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or concentrate or direct overland flow on to an
adjoining property
28. All earthworks carried out on site must not affect the structural stability of the adjoining lands
and/or buildings and/or structures and/or services
29. All earthworks and associated retaining structures/batters, both above and below ground
level, both temporary and permanent, must be wholly contained within the subject site unless
written permission from the respective landowner(s) is provided to Council.
30. All earthworks must be undertaken in accordance with the provisions of Australian Standard
AS3798 “Guidelines on Earthworks for Commercial and Residential Developments”.
Significant Weather Events
31. Should a significant weather event occur which results in substantial erosion within the site,
and undermines the structure and/or renders the Detached House uninhabitable, the owner
must:
a. Immediately secure the perimeter of the property to prevent unauthorised access and
then undertake necessary works upon the land to make the Detached House safe and
suitable for habitation in a timely manner.
I. Any work proposed must be designed to ensure that the work will not cause
adverse impacts on other lands or on coastal processes.
II. Rock, concrete and like hard materials must not be used for the construction
of beach protection works.
III. Any work proposed to be carried out must be undertaken in accordance with
a Development Permit for Operational Works.
Page 8 of 113
Section 9
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
b. or remove the Detached House and all associated structures including the footpath
crossover and make the land safe at no cost to the Council.
Site Access and Driveways
32. A sealed access driveway must be provided from the existing formation in Seaview Terrace
to all parking and manoeuvring areas of the development. The works must be undertaken in
accordance with an Operational Works approval and must include a driveway located
generally in accordance with the approved plans.
Stormwater Drainage
33. Stormwater runoff from the development must be collected and disposed of in accordance
with the recommendations of the site specific geotechnical report. Stormwater runoff from
gutters, down-pipes, driveways, and paved areas must be collected and directed to Council
stormwater drainage system along Seaview Terrace. The works must be undertaken in
accordance with an Operational Works approval.
34. Prior to the commencement of the use a certificate must be issued by an RPEQ certifying
that the stormwater drainage system has been constructed in accordance with the conditions
of this permit.
Easements
35. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
36. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
37. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
38. 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:
38.1. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
38.2. 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.
39. A temporary fence must be constructed along the site’s boundary to the adjoining park
reserve to restrict access, with signage erected that ensures that no access is allowed’.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The proposal seeks to develop a new dwelling house on the subject site and demolish the existing
dwelling house. The subject site is located in the Coastal Protection Overlay and the Landslide
Hazard Overlay. The proposed dwelling house is to be located over three levels and includes a
rooftop terrace.
The lower level comprises a bedroom, two bathrooms, a wellness room, study, laundry, storage
areas and a lift to the ground floor.
Page 9 of 113
Section 10
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
The ground level consists of a two-car garage, kitchen, living and dining areas, a seaward facing
balcony, terrace area and pool.
The upper level consists of the master bedroom and an uncovered rooftop terrace.
Figure 1 – Locality
Figure 2 – Site Plan
Page 10 of 113
Section 11
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Figure 3 – Floor Plans
Figure 4 – East and West Elevations
Page 11 of 113
Section 12
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Figure 5 – North and South Elevations
Figure 6 – Sections
Page 12 of 113
Section 13
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Figure 7 – Render Views
2. SITE DETAILS
2.1. Background
A Material Change of Use for a Dwelling House in a Sand Dune Problem Area was approved on
12 July 1999.
2.2. Site Description
The site is a regularly shaped residential lot with an approximate area of 550m 2. The subject site
has a 16.7 metre frontage to Seaview Terrace and exhibits a moderate slope from west to east.
The site is currently improved by a dwelling house which is intended to be demolished. A small
amount of existing vegetation is located in the north-western and south-eastern corners of the site.
2.3. Surrounding Land Uses
North: No. 62 Seaview Terrace is located directly to the north of the subject site. The site includes
a dwelling house with a rear setback of 7.3 metres.
South: No. 58 Seaview Terrace is located directly to the south of the subject site – the site includes
a residential dwelling with a rear setback of 4.4 metres and a garage within close proximity of the
front boundary.
East: Vegetated dune system to Sunshine Beach
West: 57, 59 and 61 Seaview Terrace are located to the west of the subject site – 57 and 59
Seaview Terrace contain older dwelling houses and 61 Seaview Terrace has recently been
redeveloped. All three dwellings are located on land that is higher than the subject site.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017;
• Noosa Plan 2020.
Page 13 of 113
Section 14
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
3.2. State and Other Statutory Instruments
State Planning Policy
The State Planning Policy July 2017 (SPP) outlines matters relating to coastal processes and the
compatibility of urban land uses on sensitive sites. Measures have been outlined within the State
Planning Policy (State Interest Guideline – Coastal Environment) to avoid incompatible
development on sites subject to coastal hazards and that may pose a risk to natural processes.
This application is for a new dwelling house located on a residential zoned lot in the Coastal
Management District. A Geotechnical Investigation and a Coastal Hazards Assessment have been
submitted with the application material that outlines measures to mitigate the impacts of coastal
processes on people and property.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
• Low Density Residential Zone Code;
• Low Density Housing Code;
• Coastal Communities Local Plan Code;
• Coastal Protection and Scenic Amenity Overlay Code;
• Landslide Hazard Overlay Code; and
• Works Codes.
Locality Provisions
The subject site is located in the Sunshine Beach Locality and is zoned Low Density Residential.
The proposed use is identified as a consistent use with the zone and is required to follow a code
assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Criteria Planning Scheme Proposal Complies
Building height
• storeys 2 storeys max 3 storeys X
• metres 8 metres 8.37 metres X
Site cover 40% max 31% lower level X
51% ground level
16% upper level
51% bird’s eye view
Gross floor area 500m² max 376.8m² ✓
Boundary setbacks
• Frontage 6 metres min 0 metres to pool X
3 metres to garage
• Side (north) 1.5/2.0/2.5 metres min 0 metres to pool/ stairs X
Page 14 of 113
Section 15
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
1.5 metres to dwelling
• Side (south) 1.5/2.0/2.5 metres min 0 metres to garage X
1.45 metres to windows
2 metres to dwelling
• Rear Coastal building line
Where a coastal building line 4 metres to cantilevered deck X
exists on a lot, all buildings, 6 metres to dwelling
structures and retaining walls
Dwelling is 10 metres seaward
do not extend seaward of the
of coastal building line
coastal building line for the
site, other than –
1. Uncovered and
unenclosed cantilevered
balconies that do not
extend greater than 3
metres seaward of the
coastal building line; and
2. Are setback a minimum of
6 metres from the
seaward boundary
Roof terrace No roof terrace Roof terrace X
Landscaping < 20% min (109.8m2) 208.78m² ✓
Carparking 2 covered min 2 covered ✓
Coastal Building Line/ Geotechnical Issues
The subject site is located in the Coastal Protection and Scenic Amenity Overlay and a Coastal
Building Line of 15 metres exists on the site (see Figure 8 below). The front 12 metres and rear 10
metres of the subject site is also located in a mapped moderate landslide hazard area. The State
has identified the subject site as being within the Coastal Management District and an erosion
prone area.
Figure 9 below shows Council’s coastal hazards mapping that identifies the subject site as being
within an erosion prone area and details the extent of the site expected to be subject to erosion by
the years 2020, 2040, 2070 and 2100.
Figure 8 – Coastal Building Line
Page 15 of 113
Section 16
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Figure 9 – CHAP Coastal Hazards Mapping (Erosion Prone Area)
To address the known risks of instability and erosion the applicant has submitted a Geotechnical
Report and a Coastal Hazards Assessment, which have been reviewed by external consultants
(Geotechnical Engineer and Hydraulic Engineer). The submitted reports were amended after an
initial review by the external consultants and were determined to include methodology and
recommendations which appropriately address the landslide and erosion risks. The measures
proposed have been designed on the basis of a 500 year average recurrence internal storm event
and include:
• The proposed residence and any ancillary structures (including retaining walls and pools)
must be supported by footings founded at least 1 metre into natural medium dense to dense
(or denser) sands.
• Excavations close to site boundaries may necessitate the installation of temporary shoring
prior to excavation.
• Landscaping fill to the rear of the residence shall be limited to 0.5 m high, with surcharges
elsewhere (e.g. from structures, fill, etc.) not to exceed 10 kPa
• Ground vibrations during construction to be minimised and monitored.
• Revegetation of bare slopes around the development area and improvement to the
vegetation (e.g. with site appropriate natural species) on the natural high dune face
downslope of the residence.
• All collected roof water to be directed by pipes to the council stormwater system along
Seaview Terrace.
Overall Council’s consultants conclude that the Coastal Hazard Assessment and Geotechnical
Investigation have included recommendations that will sufficiently mitigate risks to the dwelling
house from coastal hazards during the lifespan of the structure.
Setbacks
The proposed dwelling house seeks to vary the front, rear and side setbacks as required by
Acceptable Outcomes AO9.1, AO9.2 and AO9.3 of the Low Density Residential Zone Code. The
correlating Performance Outcome states:
PO9
Buildings and structures are designed and sited to:
a) provide a high level of amenity to users of the subject site and adjoining premises,
including provision of visual and acoustic privacy and access to sunlight;
Page 16 of 113
Section 17
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
b) not unreasonably obstruct views or cause overlooking of private open space or habitable
areas of adjoining premises;
c) provide adequate distance from adjoining land uses;
d) preserve existing vegetation that will help buffer development;
e) allow for space and landscaping to be provided between buildings
including adequate area at ground level for landscaping with trees, shrubs and outdoor
living;
f) be consistent with the predominant character of the streetscape; and
g) protect the natural character and avoid adverse impacts on ecologically important
areas such as national parks, waterways and wetlands.
Front Setback
The applicant proposes a front setback of 3 metres in lieu of the required 6 metres. It is noted that
the site exhibits a steep slope from Seaview Terrace to the rear of the site and as such the
proposed front setback is a consequence of the site’s topography. The site also requires a greater
rear setback which further reduces the amount of developable space on the site.
Structures within the front setback include the garage and a pool on the front boundary. All other
parts of the proposed dwelling house comply with front setback requirements. The proposed front
setback is considered to comply with Performance Outcome PO9 as it will not detract from the high
level of amenity provided to adjoining properties and will improve the amenity to users of the subject
site. The proposed front setback is consistent with the predominant character of the streetscape,
with a number of dwelling houses on the seaward side of Seaview Terrace exhibiting garages and
structures within the front setback (58 Seaview Tce: 2 metres to garage, 52 Seaview Tce: 3 metres
to garage and pool, 50 Seaview Tce: 2.5 metres to garage, 44 Seaview Tce: 2.56 metres to
garage). Landscaping is also proposed within the reduced front setback to help buffer the
development from neighbouring properties.
Side Setbacks
The proposed dwelling house has a northern side setback of 0 metres to the stairs and 1.5 metres
to the dwelling. It is noted that only the proposed stairs in the side setback do not comply and that
the dwelling house is otherwise setback as per Acceptable Outcome AO9.2.
The reduced side setback is compliant with Performance Outcome PO9 as it will provide a high
level of amenity to users of the subject site and will not impact on adjoining premises with regard
to visual and acoustic privacy and access to sunlight. The reduced setback will not obstruct views
or cause overlooking of private open space or habitable areas of adjoining premises.
The applicant also proposes a southern side setback of 0 metres to the garage and 1.45 metres to
the windows on the second floor. The garage has a height of 2.7 metres and a length of 7.8 metres.
This is consistent with the QDC requirements which allow for a garage to be located on the
boundary where:
• The height does not exceed a height of 4.5 metres and a mean height of 2.5 metres;
• It is less than 9 metres long; and
• Is no closer than 1.5 metres to a habitable room window of an adjoining dwelling.
The proposed setback to the stairs is considered minor and will provide a high level of amenity to
users of the subject site and will not impact on adjoining premises with regard to visual and acoustic
privacy and access to sunlight.
Rear Setback
Performance Outcome PO3 of the Coastal Protection and Scenic Amenity Overlay Code states:
Where a coastal building line exists on a lot, all buildings, structures and retaining walls do
not extend seaward of the coastal building line for the site, other than —
1. uncovered and unenclosed cantilevered balconies that do not extend greater than 3
metres seaward of the coastal building line; and
2. are setback a minimum of 6 metres from the seaward boundary
Page 17 of 113
Section 18
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
The Purpose and Overall Outcomes of the Coastal Protection and Scenic Amenity Overlay Code
relate to the maintenance of coastal processes, the natural landform and the visual character and
scenic amenity of the area.
The proposed development is to be 10 metres seaward of the coastal building line and includes a
cantilevered balcony setback 4 metres from the rear boundary. The proposed rear setback will not
unreasonably obstruct any views or impact the visual and acoustic privacy and access to sunlight
of adjoining properties. The proposed rear setback is similar to that of the existing dwelling house
on the subject site and it is considered that the proposed setback will not worsen any current views
from neighbouring properties.
The following image details the extent of the proposed encroachment past the coastal building line.
Figure 10 – Extent of Proposed Dwelling House over Coastal Building Line
It is noted that the current dwelling house on the subject site sits 15 metres seaward of the coastal
building line (Figure 11 below). As such, the proposed rear setback will not cause any further
impacts to coastal processes or the natural landform than the dwelling house currently on the site.
Page 18 of 113
Section 19
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Figure 11 – Extent of Current Building Height over Coastal Building Line
It is also noted that most of the dwellings on the seaward side of Seaview Terrace extend beyond
the coastal building line.
Figure 12 – Extent of Development over Coastal Building Line on Seaview Terrace
Height
The proposed dwelling house is predominately under the maximum 8 metres building height as
required by Acceptable Outcome AO7.1 of the Low Density Residential Zone Code, with only a
small portion of the roof on the upper level above 8 metres.
Page 19 of 113
Section 20
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Figure 13 – Portion of Proposed Dwelling Over Height
PO7
Buildings and structures:
1. are low rise and present a building height consistent with structures on adjoining and
surrounding premises and with the predominant character of the area;
2. are designed to provide an interesting streetscape and complement landform
changes;
3. do not visually dominate the street or surrounding area;
4. respect the scale of surrounding vegetation and maintain a vegetated skyline;
5. do not unreasonably obscure views or lead to overshadowing of neighbouring
properties; and
6. do not exceed two storeys.
The proposed height encroachment is considered minor and will not visually dominate the street
or surrounding area. From the street, the proposed dwelling house will present as a two-storey
dwelling and as such is considered to be low rise and consistent with structures on adjoining and
surrounding premises. From Sunshine Beach, the dwelling will present as consistent with the
height of surrounding premises and the predominant character of the area. Figure 15 below shows
the current dwelling house visible from Sunshine Beach with the approximate additional height of
the proposed dwelling house.
Figure 14 – Front Elevation
Page 20 of 113
Section 21
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Figure 15 – Approximate Additional Height to be seen from Sunshine Beach
Site Cover
The proposed dwelling house has a site cover of 31% on the lower level, 51% on the ground level
and 16% on the upper level.
Acceptable Outcome AO8.1 of the Low Density Residential Zone Code requires that for a building
of two storeys, site cover of all buildings and structures on site does not exceed either 40% for both
storeys or 50% for one storey and 30% for the other. The proposed second level and upper level
exceed the site cover requirements by 1%.
PO8
Development:
1. is of a scale compatible with surrounding development and the particular
circumstances of the site;
2. has a low site impact to maximise the opportunity to retain site characteristics, such
as native vegetation and natural landforms;
3. allows the opportunity to provide soft landscaping between buildings;
4. does not present an appearance of bulk to adjacent properties, roads or other areas
in the vicinity of the site.
The proposed site cover is considered to comply with Performance Outcome PO8 as it is of a scale
that is compatible with surrounding development and does not present the appearance of bulk to
adjacent properties, roads or other areas in the vicinity of the site. The site will also contain an
extensive amount of soft landscaping between buildings.
Rooftop Terrace
The proposed dwelling house includes a rooftop terrace on the upper floor. Acceptable Outcome
AO16.3 of the Low Density Residential Zone Code requires that ‘development does not include
rooftop terraces’ and as such assessment against Performance Outcome PO16 is required.
PO16
Roof designs:
a) contribute positively to the character of the streetscape;
b) incorporate eaves and roof overhangs;
c) avoid boxy elevations on the front facade of the building;
d) do not present an appearance of excessive bulk to the street or neighbouring properties;
e) do not create opportunities for residents or building users to overlook the private open
space or view into habitable windows or doors of neighbouring properties.
Page 21 of 113
Section 22
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
A site inspection of the subject site determined that the proposed rooftop terrace in its current form
has the capacity to cause issues of overlooking to neighbouring properties, as the current dwelling
house already overlooks into the private open space of neighbouring properties (see Figures 15
and 16 below).
In order to comply with Performance Outcome PO16, a condition is to be included requiring
amended plans be submitted before the issuing of any further approvals that reduce the extent of
the rooftop terrace towards the rear of the site by a further 3 metres from the edge of the upper
level and maintain the proposed side walls/screens to ensure no issues of overlooking are created
to neighbouring properties.
Figure 16 – View from Current Dwelling House to the South
Page 22 of 113
Section 23
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Figure 17 – View from Current Dwelling House to the North
Coastal Protection and Scenic Amenity Overlay
To ensure the development complies with the Purpose and Overall Outcomes of the Overlay Code,
with particular regard to 2(b), conditions have been imposed relating to levels of illumination to
ensure that the development is sited to protect the natural beach experience and scenic amenity
of the coastal area, in particular regarding turtle breeding seasons.
4. CONSULTATION
4.1. Referral Agencies
The application was referred to the following Referral Agencies:
• Department of State Development, Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for building work on a premises completely or partly seaward
of a coastal building line.
The Department has responded advising that development is to be carried out in accordance with
the approved plans and that erosion and sediment control measures are to be installed and
maintained to prevent the release of sediment to tidal waters.
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers:
• Development Engineer
4.3. Other Referrals
The application was forwarded to the following external experts for review and/or comment
• Geotechnical Engineer
• Hydraulic Engineer
5. CONCLUSION & REASONS FOR DECISION
This application relates to the development of a dwelling located in the coastal protection and
scenic amenity overlay, landslide hazard overlay and subject to a coastal building line. The
application material includes a geotechnical investigation and a coastal hazard assessment that
Page 23 of 113
Section 24
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
have been reviewed by external geotechnical and hydraulic engineering consultants. Conditions
have been incorporated to reflect the recommendations of the review to ensure the dwelling’s
construction addresses the potential impacts of coastal erosion processes and landslide.
The proposed development seeks to vary provisions within the planning scheme in relation to site
cover, height, the inclusion of a rooftop terrace and building beyond the coastal building line. The
variations are considered reasonable and will not cause any detrimental impacts to the subject
site, surrounding properties or the streetscape. As such, the proposal is recommended for
approval.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 24 of 113
Section 25
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 25 of 113
Attachment 1
SUNSHINE TERRACE 5
: ee — Y
C40,
J Sy
ee eel urs ACS ee fete thst
i AT — — oe May
(| Swe es ty
a:
' | { ) * \
| fe S| f :
Y caaten L Fy)
iy \ / om \ ?
(“sri _ eat \
|
AL |
| |
l Wet!) IL
\ | 111 \
4 | 1 fe
I } LES
\ ot 1
an
| sara oo enna =
| i —
J k i
- 3 pm—~ i EY
7 / ~\ | | ——Hk
= I 48
/ PROPOSED NEW ~~ S iH i
| | / DWELLING FOR Nil i
EXISTING i ? PR NI
DWELLING NO.58 | “ Q) ~~
| _
| tl | / ; | | ~_
| |
| / | i =
| \ H :
‘| i >
; | HU | |
| I i
| Ke | / i
oi << i /
| i j 5
— = | :
{ ‘init 7 i ae
| iy | i -
fi mi — ed we
\ Ke fe eg ee / ev
\ a oO __ eZ —— Sz = : hen
BT ! NE
“se Yea fb
3 “Ss \ Se = cae aS
[ WO } f . V cen f 7
< / is
/ Oo fs ie
{ Oe
i \ ~~
oie JOB NO. CHECKED JOB TITLE
wa Ce eee: ee ———— fee —Toesempnign TEI 04 ND +s WILSON HOUSE SITE + ROOF PLAN
f Potts Point NSW eicidmens pe Mate gee imate saree SIR nag Sn oes 0 SEAVIEW TERRACE SUNSHINE SITE ANALYSIS
durbac! “ohare ie aaa rao aeave Se dawne apes Dard) & Bag Pie nr fr OY cl
i | A Biases fF am er aie FET ToRATRT
Se | =e Ee OM P|
SENT a enn ie Sener TS - aes
Donen at 2860187
‘fost seo ne 2002002
Page 25 of 113Section 26
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 26 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Cae 7 a 7 7
oN Nill ee dy Gere,
i = aay
| lie ™ Es = = a | i
a Poti oh : a ot 4 |
rr (i aa ti <a
h AEs ve (ean
ll dy Bib DLN es, | | Lo ai
"o _Al PTT feet || Bie) Ali)
oI ~ he [He | Pose ih Bee Th
| ee TH iE to=|_\ at a; "| + + 1 1
= , Lo 8 1 ams = r A
ee | er SS | || I
| | SSeS NG | itd
femor yy eal | ee 1
| (peers 1 | SSS) b| A
ee He | | iT HN 7 |-
| | E pe | | mn} HI ie
tt L | i - - | cH |
| — as ae | | | —— |
Re |. fe
pe ks oe | 7 LC : |
e Las ‘ ab pp ss . pee as
ao > ts —— —— wd p< OE
01 - LOWER GROUND FLOOR PLAN £100 (02 - GROUND FLOOR PLAN L100 03 - FIRST FLOORPLAN L100
dutchtiatngecm | Sanaa oe nemeemnee Ge Re eon = ee
Page 26 of 113Section 27
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 27 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Sao OE
ee
a
7 i {7 = —
ee iocorchtk 5 oe
TCS 0 ee i
= rl ae
A(T te
Cl! ER SSS
ttt |S ESS 8 ——SSSSSES
Page 27 of 113Section 28
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 28 of 113
a &
!
i
I
ne i
On eer
ae ~ a = '
SSS | Sa eae ee i
: Pern i
Bcc | Se eames i
ae: . ee = ee i ae i
SE | = i—_—— a =
co == Pa
t
: '
— — 1
Se cad
03 - SOUTHERN ELEVATION “196
:
3 3
i al : eee eee
‘ teeter. we a 7 ae | Bee —
‘ | io ee ee a Je
2} ee ee pang
¥ ‘ i i et Ear ere =
' eee I
5 | is | : ete. ees Pf
x
el lene EU
04 NOR TILRN LLEVA FON 1100
evel > CORY RIGHT LLGLNL ISSLF STATIS JOB NO. (CHECKED JOB TITLE
Des Staat plotiise p pclae ah met ee ECO ERC CEIOC Tro Das [es Roam WILSON HOLSE _ ELEVATIONS
— meee eee emer rem fF gue SCALE CLIENT REV. DRAWING No.
ree ee SEES eS mee MTOM: BRR, Demeorveati ons Von AL Int 8 SPOTS aN KR, B BAGO
monavenunnes
ere ee
Page 28 of 113Section 29
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 29 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
i
|
¥ yl
a : |
5 a i
| | |
i i i
i Tose i
eo | eo I | J fal :
“ | i % +— TT
{ (OR ee | ELL I=
3 _—_ z suest ie sano ressnce
| w | eee | bcceeenmmenndene
z i | ea 2
———
Cl S.ClONAA O2 S1ONCC
i
|
u i
a E |
@ a i
i — GE i
| !
, =| : | Be fk 1 ie}
7 aoe i |
{
iBtolnh oi || Le » | -Al =
a—=e5 geod
se te —— |. —| eee nn fe POR
02 - SECTICIN BS 04-8207 ON D-D
_—_———, ea? COPY 2CKI 132AC S.IF STA IE i JOB NO. ‘CHECKED 08 _. a TITLE .
( \) 9206 yx Steet Sonia oy omer eects 6 Br 8 Seat mans sane es Uae nut WILSGN HOUSE SECTIONS
[aes | SEOEE eecutwerrarcrars 4% i 7 prams Fe oarEenw ope yeh ss ANS
ue jp TSpesresn eee ieee §6e. Me SCALE : CUENT pry, REV. DRAWING NO:
ee paris Sie seasasmensaiadeemsareme ay, REESE ecucamneranee itty aL “Wt 88 crornevaneank | EER B BACOS
een Iversen ee 2008022
Page 29 of 113Section 30
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 30 of 113
|
| ea
K ‘ vite
= gs
= a) 1 eT
7 = = Sea. a * Aq
» Doe ee Ba) Setar es el
= Re a iat
<> a = | :
r So . oo SS 5
ey 3 = , ‘
B= SBe Ms Bie — :
Rds Si i, ecco Se ————— : :
= ——a mn a ai SSG —2 —— — ‘ A \
Be =:
) re
- Be Piece “a 5 ee cae eee ap onretiig ee ae ig ee ae PTA «Nc HATHA oC
: s = ; : . " i alg 7 Ba Was a 72 ae Ne) ee se ra
wa x : « ge ey OL ii BAN i. SAYER Dal iL
s 2 z cote a, Pane ajdt i Uae a PS le ay Wad:
1 i AS lee en Pil Pai. me
1 - VIEW | OOKING NORTH FAST FROM SEAVIFWY TRRRACE fe ees SES AE oy a vy i ae ei ide ~ fii
ese Mak NS et eum ot 0 RS her | Hi
LSM HE Iy.\ rae yf | i = Le WN deft
ACR SCAN AE NSP gn Aden = bg Top
— eid Ao: j mae (ye Tye ies HE SE es yy
03 - VF LOGKISG WEST =ROM SUNSH MF 3FACH
io. 5
ie i ; Y WG \J -
ee | K : —_—
3 or = Pee = oe
3 = ba ig — S| <—
ans Se =
¥ a
ee
F Sean
ee :
rae ead Sia 5
———
O02 - VILYY LOOKING SOUTH LAS! -ROM SiA¥ LYY TERRACE
exlp COPY 2 CHT L=57kD BALSA JOB NO. JCHECKED | JOB TITLE
2 ResynSrrest aera ere ee eaten «= aaa bade or tcprecrt ite Renee aS WILSCN HOUSE gare ense me
aoe a isd ces ah, ak ace 0 2a dec a a eae : BYGSS ANNE ION Nec DATE DRAWN |DRAWN ete ee ae PERSPECTIVE VIEWS
jaggers Tanz aes: 00 fiche Sas! pcr eros sows @ Dutsoy Soar ager uieet Atanas atta an jas
SEiaeaicdinatroyeetabiemaatss: «= | MIEN SCALE CLIENT yr REV. DRAWING No
coatscorktaeecem SESE ETO OP ee ome EE ara ne ceervnzeamn | EBB DACOT
Page 30 of 113Section 31
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
5 MCU22/0067 – REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 401 SUNRISE ROAD,
TINBEERWAH
Author Graduate Development Planner, Jada Lyons
Environment and Sustainable Development
Index ECM/ Applications/ MCU22/0067
Attachments Nil.
APPLICATION DETAILS
Applicant T & J Hodgkinson P/L
Development Approval Material Change of Use - Short-term accommodation
Representations Received on 7 September 2022
Number of Submissions for 2 Properly Made
Original Application
PROPERTY DETAILS
Property Address 401 Sunrise Rd Tinbeerwah Qld 4563
RP Description Lot 7 RP 207543
Land Area 1.97 hectares
Existing Use of Land Dwelling house and associated structures
STATUTORY DETAILS
SEQRP Designation Rural Living Area
Locality Tinbeerwah
Zone Rural Residential
Overlays Biodiversity, Waterways and Wetlands Overlay
• Area Subject to Biodiversity Overlay
Bushfire Hazard Overlay
• High Potential Bushfire Intensity
Landslide Hazard Overlay
• High Hazard Area
• Moderate Hazard Area
Koala Habitat Area
• Koala Priority Area
• Core Koala Habitat Area
Assessment Type Representations made to original approval
EXECUTIVE SUMMARY
The proposal seeks to make change representations to conditions of a development approval for
a Material Change of Use for Short Term Accommodation at 401 Sunrise Road, Tinbeerwah. The
applicant has made change representations to the following conditions of the decision notice:
Page 31 of 113
Section 32
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
5. The total number of guests accommodated at any one time must not exceed eight (8).
6. All outdoor areas, including balconies, decks, pools and the like, must not be used after 9pm
each night.
12. The driveway, including the crossover from Sunrise Road, must be sealed to the reasonable
satisfaction of the Manager Development Assessment.
15. The development must be provided with a potable water supply connected to each cabin.
The storage capacity of the potable water supply must be a minimum of 5000 litres per guest.
The storage capacity of the potable water supply must be a minimum of 4000 litres per guest
bedroom/unit/cabin.
It is recommended that conditions 5 and 15 be amended generally as requested by the applicant
and the request to change conditions 6 and 12 regarding outdoor use areas and driveway sealing
be refused.
RECOMMENDATION
That Council note the report by the Graduate Development Planner to the General Committee
Meeting dated 24 October 2022 regarding representations to Development Approval
(MCU22/0067) for a Material Change of Use - Short-term accommodation situated at 401 Sunrise
Rd Tinbeerwah and:
A. Agree to amend conditions 5, & 15 to read as follows:
5. The total number of guests accommodated at any one time must not exceed ten (10).
15. The development must be provided with an approved reticulated potable water supply.
The storage capacity of the potable water supply must be a minimum of 50,000 litres
(e.g., 1 x 50,000 litre tank or 2 x 25,000 litre tanks).
There is to be an adequate quantity of water to be made readily available for the
number of guests for the duration of the booking.
B. Refuse to the representations made for conditions 6 and 12 for the following reasons:
Condition 6
1. The use of outdoor areas by guests accommodated on the site has the potential to
adversely impact resident’s amenity, given the pool and outdoor areas are located
within reasonable proximity to nearby houses.
2. The restriction on use of outdoor areas only applies to use of the property for short
term accommodation and does not apply to the residential use of the property by
owners.
Condition 12
1. Sealing of the shared access driveway will improve the safety of the driveway for
visitors and guests; and
2. Sealing the shared access driveway will limit the potential impacts on neighbouring
residents’ amenity.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. BACKGROUND
A development application for a Material Change of Use for Short-Term Accommodation was
approved at Council’s Ordinary meeting on 18 August 2022.
The applicant suspended the appeal period and made representations on 7 September 2022 to
the development approval conditions. The representations are detailed below but primarily relate
Page 32 of 113
Section 33
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
to the number of guests accommodated at any one time, the restriction on outdoor areas to not be
used after 9pm each night, sealing the shared access driveway and supplying potable water to the
dwelling.
At the time the application was publicly notified 2 properly made submissions were received. The
submitters were primarily concerned with stormwater discharge to adjoining properties, unsafe
vehicle movement along Sunrise Road and the use and deterioration of the shared access
driveway.
2. ASSESSMENT
An assessment in relation to each of the submitted representations is provided below:
Condition 5
The total number of guests accommodated at any one time must not exceed eight (8).
Applicant’s Representation
The Floor Plan, prepared by RG Strategic and dated 14/4/2022, revision 01, details the dwelling
and the 4 x existing bedrooms. The Floor Plan details that the dwelling accommodated 10 x guests
at a time. The Floor Plan is approved by Council under Condition 2 of the Decision Notice.
It is proposed that Condition 5 be amended to be consistent with the approved plans.
Assessment of Representation
It is noted that within the original submitted application material the applicant advised that a
maximum of 4 bedrooms and 8 guests would be accommodated, which differs to the 5 beds and
10 guests indicated on the approved plans. As the proposal does not include any changes to the
existing dwelling house and will not change the number of bedrooms available for guests, it is
considered reasonable to amend condition 5 to reflect the number of beds in the approved plans
as follows:
5. The total number of guests accommodated at any one time must not exceed ten (10).
Condition 6
All outdoor areas, including balconies, decks, pools and the like, must not be used after 9pm each
night.
Applicant’s Representation
To limit the use of the outdoor areas to 9:00PM is restrictive and unreasonable considering:
• The dwelling and associated pool, balconies and decks are orientated to the North-east and
overlook the property’s bush as illustrated in the below photographs. As such, any potential
associated noise with the use of the outdoor areas is directed away from the neighbouring
properties;
• The subject site is a large rural residential allotment, and the outdoor areas and pool are
densely screened by vegetation which provides a significant buffer between the neighbouring
properties;
• The 9:00PM curfew unfairly restricts the guest’s ability to experience the scenic rural amenity
and the sub-tropical climate unique to the Noosa hinterland; and
• A similar approval by Noosa Council has conditioned the outdoor areas to be used by guests
until 10:00PM (MCU22/0006).
Page 33 of 113
Section 34
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Given the above reasons, it is requested that the Condition be revised to allow the outdoor area to
be utilised until 10:00pm by the short-term accommodation guests.
Furthermore, to restrict the use of the outdoor areas when the dwelling is being utilised by the
property owners is unreasonable. As such, it is recommended that the Condition be revised to
allow the owners of the property to enjoy their property without limitation.
It is proposed that Condition 6 of the Decision Notice is amended to read as:
6. All outdoor areas, including balconies, decks, pool and the like, must not be used by those
persons using the property for Short-Term Accommodation after 10pm each night.
Assessment of Representation
It is considered that the short-term accommodation use will have the potential to adversely impact
nearby neighbouring residents’ amenity compared with other approvals issued for short term
accommodation in rural areas. Similar approvals included a greater setback to neighbouring
properties than the subject site. The outdoor pool area is located approximately 5 metres from the
side property boundary and 35 metres from the neighbouring dwelling. Use of outdoor areas at
night has the potential to impact on the amenity of neighbouring properties and as such it is not
considered unreasonable to restrict the use of outdoor areas to 9pm each night.
Page 34 of 113
Section 35
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
The condition only applies to the use of the property for short term accommodation and not as a
private residence.
Condition 12
The driveway, including the crossover from Sunrise Road, must be sealed to the reasonable
satisfaction of the Manager Development Assessment.
Applicant’s Representation
It is an unreasonable imposition on the applicant to seal the entire length of the driveway and
crossover access to Sunrise Road.
The applicant agrees to seal the shared entry to Sunrise Road for a distance of 10 metres in
accordance with Council’s standards relevant to rural properties. The sealing of the crossover to
Sunrise Road will provide improved access to all properties who benefit from the easement
including 393, 399, 403 and the subject site 401 Sunrise Road.
It is unreasonable for Council to require the applicant to seal the complete length of the driveway
(in addition to the 6 metres agreed), a length of approximately 100 metres, when:
• The driveway is utilised by the subject site and three (3) additional properties (393, 399 and
403 Sunrise Road). As such, any works undertaken, and the associated costs should be
jointly shared by the property owners who benefit from the sealing and driveway
improvement; and
• The use of the dwelling for Short-term Accommodation is of a lessor scale and intensity than
that of the dwelling being used for permanent residence and occupied 100% of the time. As
such, is it unfair for the applicant to be burdened with all of the costs associated with the
sealing of the entire driveway.
It is proposed that Condition 12 of the Decision Notice is amended to read as:
12. The crossover from Sunrise Road must be sealed for a length of 10 metres to the reasonable
satisfaction of the Manager Development Assessment or to Council’s relevant standard for
rural driveways.
Assessment of Representation
Acceptable Outcome AO11.1 of the Visitor Accommodation Code seeks that ‘Visitor
Accommodation is directly accessible from a sealed road or a good standard gravelled road’, and
corresponding Performance Outcome PO11 seeks that ‘Safe vehicular access is provided to and
from the site without adversely impacting on the safety of the road network’.
It is considered that the short term accommodation use will increase vehicle traffic to the subject
site due to the number of guests that can be accommodated at any given time, in turn increasing
the amount of vehicle traffic on the shared access driveway and surrounding roads. The increase
in use of the driveway has the potential to create a greater dust and noise nuisance to the adjoining
properties at 393, 399 and 401 Sunrise Road that share the driveway with the subject site. As
such, it is not considered unreasonable to require the shared access driveway to be improved to
retain amenity for surrounding neighbours and safety of the road network.
Condition 15
The development must be provided with a potable water supply connected to each cabin. The
storage capacity of the potable water supply must be a minimum of 5000 litres per guest. The
storage capacity of the potable water supply must be a minimum of 4000 litres per guest
bedroom/unit/cabin.
Page 35 of 113
Section 36
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Applicant’s Representation
Condition 15 as currently worded is not relevant to the approved development and existing
dwelling. It is proposed that the Condition be amended as per below.
It is proposed that Condition 15 of the Decision Notice is amended to read as:
15. The development must be provided with a potable water supply. The storage capacity of the
potable water supply must be a minimum of 5,000 litres per guest.
Assessment of Representation
Condition 15 in its current format is not relevant to the approved use and as such officers are
agreeable to amend the condition.
After further consideration it is noted that the wording of the condition concerning potable water
supply is unclear with regard to the minimum amount of water to be supplied for each guest. As
such, the condition has been amended to clearly state the minimum water supply needed for the
approved 10 guests.
It is recommended that the requested changes to the condition be agreed to and condition 15 to
read as follows:
15. The development must be provided with an approved reticulated potable water supply. The
storage capacity of the potable water supply must be a minimum of 50,000 litres (e.g., 1 x
50,000 litre tank or 2 x 25,000 litre tanks).
There is to be an adequate quantity of water to be made readily available for the number of
guests for the duration of the booking.
CONCLUSION & REASONS FOR DECISION
The applicant has sought to make change representations to conditions 5, 6, 12 and 15 of the
decision notice. It is recommended that Council agree to amend conditions 5 and 15 regarding the
number of guests accommodated at any one time and supplying potable water to the premises but
refuse the representations in relation to conditions 6 and 12.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 36 of 113
Section 37
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
6 MCU16/0044.02 APPLICATION FOR MINOR CHANGE TO DEVELOPMENT APPROVAL
DIGITAL HUB AT 255 DAVID LOW WAY, PEREGIAN BEACH DECIDED UNDER
DELEGATION
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development Department
Index ECM/ Application/ MCU16/0044.02
Attachments Nil
EXECUTIVE SUMMARY
This report provides an update to Council on an application lodged by Council for a minor change
to the development approval for the Digital Hub. The application sought approval for a further
extension of the community house by 72m2 to facilitate an additional meeting area and storage
space.
The application was approved under delegation by officers pursuant to Council’s delegations for
the Planning Act 2016 notwithstanding it has been officers’ practice to report Council made
applications to a council meeting for consideration.
Assessment of the application concluded that the changes were a minor change to the
development approval pursuant to the Planning Act 2016, complied fully with the Noosa Plan 2020
requirements and would complement the existing Community House and Digital Hub.
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the General Committee
Meeting dated 24 October 2022 regarding Application No MCU16/0044.02 for a minor change to
the development approval for Commercial Business Type 1 Office, Entertainment & Dining
Business Type 1 Food & Beverages, Wellbeing Type 2 - Social and Open Space Type 1 Sport &
Recreation and Boundary Realignment situated at 253-255 David Low Way, Peregian Beach
REPORT
BACKGROUND
This report provides advice to councillors that an application lodged by Council for a minor change
to the development approval for the Digital Hub was decided by officers in accordance with
Council’s delegations for the Planning Act 2016. While Council’s delegations for the Planning Act
2016 provide for such applications lodged by Council to be decided under delegation by officers,
officers have had the practice of reporting these applications to a council meeting.
Notwithstanding this practice Council’s Infrastructure Services Director advised in this instance that
there were some contractual obligations that required the application to be decided before the
Council Ordinary meeting in October 2022.
APPROVAL DETAILS
The change to the development approval was sought to further renovate and expand the Peregian
Beach Community House. The approved minor changes include:
• An additional meeting facility and a new battery storage space to display the new
technologies to the Hub users and the general public.
• Creation of a weatherproof roof linking the existing Digital Hub and the renovated
community house.
Page 37 of 113
Section 38
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Under the original approval, the community house was approved to be extended by 115m2 for
use as part of the digital hub. The approved change permits a further extension of 72m2 to the
community house totalling 187m2.
Council’s architect for the project advises that the “extension is designed to complement the highly
awarded existing Community House by counterpoint as a solid simple shape that will not compete
with the lightweight angular shapes of the existing building. The new building is designed with
complimentary light timber screens and fin walls that work to reduce the bulk of the building and
break up the facades that face David Low Way and Woodland Drive. Plans of the extension are
included below.
The approved extension was assessed against the Noosa Plan 2020 and raised no issues. In this
regard while the proposal will result in a minor increase in floor area and thus may generate a
minor increase in car parking demand, the approved development provides in excess of the
planning scheme’s car parking requirements.
Similarly, while the extension to the community house is larger in floor area and higher than the
approved building, the proposed works have been designed to complement the existing built form,
with setbacks from the street frontages generally remaining the same. Overall, the approved
changes were considered a minor change to the development approval pursuant to the Planning
Act 2016 and were found compliant with the Noosa Plan 2020 requirements.
Previous Council Consideration
Not Applicable
Page 38 of 113
Section 39
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Finance
The project is currently funded under Council’s 2022-23 budget.
Risks & Opportunities
The approved expansion to the Peregian Beach Community House will form an integral part of the
Peregian Beach Digital Hub.
Consultation
External Consultation - Community & Stakeholder
The approved change constitutes a minor change to the development approval under the Planning
Act 2016 and pursuant to this Act public notification of the application was not required.
Internal Consultation
Departments/Sections Consulted:
x Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services x Environment & Sustainable Development x Infrastructure Services
Director x Director x Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 39 of 113
Section 40
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
7 NOOSA RIVER OYSTER ECOSYSTEM RESTORATION PROJECT – FINAL REPORT
Author Director Environment and Sustainable Development, Kim Rawlings
Environment & Sustainable Development Department
Index ECM/ Waterways Management – Noosa River / 21.34
Attachments 1. Noosa Oyster Ecosystem Restoration Project Final Report
(73 page attachment is provided separately to this agenda)
2. Noosa Shire Review of Oyster Restoration Project
EXECUTIVE SUMMARY
This report provides the final report for the Oyster Restoration project in the Noosa River in
accordance with the Alliance and Funding Agreement with The Nature Conservancy (TNC)
The very comprehensive final report provides an excellent level of detail and overview of all the
project related activities undertaken throughout the life of this significant ecological restoration
project for the Noosa River. It demonstrates substantial community and volunteer involvement
throughout all phases of the project culminating in the celebration of the project construction phase
on the shores of Noosa River in early September 2022.
Significantly Uncle Fred Palin during his welcome to country as part of this celebration stated the
following;
‘’ …Restoration of the shellfish reefs therefore represents a significant reconciliation step to renew
the cultural links of the Kabi Kabi to their sea country.
The Kabi Kabi vision is to unite our people and address the degradation to our traditional Country
and the continuing erosion of our cultural heritage sites and landscapes. Restoration of shellfish
reefs at Noosa and other waterways included in our Native Title claim is important to us. The Kabi
Kabi welcome the opportunity to work with our non-indigenous brothers and sisters who are making
a valuable contribution to “Caring for Country…..”
A copy of Uncle Fred’s full speech is included in the final report Attachment 1.
This report also provides a response to the requirements Council requested at the 21 April 2022
Ordinary meeting.
RECOMMENDATION
That Council note the report by the Director Environment and Sustainable Development to the
General Committee Meeting dated 24 October 2022 and note the Noosa Oyster Ecosystem
Restoration Project Final Report (provided as Attachment 1 to the report) as meeting the final
requirements of the Alliance & Funding Agreement, which concluded on 30 September 2022.
REPORT
At the July 2019 Ordinary Meeting Noosa Council endorsed entering into an Alliance & Funding
Agreement with international conservation organisation The Nature Conservancy, establishing a
strategic partnership for the primary purpose of undertaking oyster ecosystem restoration in the
Noosa River over three years.
The Alliance and Funding Agreement provided a series of deliverables and measurable outcomes
to be achieved over 3 years, with a final report to be endorsed by the Technical Advisory Group
and delivered to Council for approval within 90 days of the end of the financial year.
Page 40 of 113
Section 41
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
The Alliance & Funding Agreement Schedule A provides a Project Description, project milestones
and outcomes as well as outlining the scope of the partnership over three years. As part of the
deliverables for the project, a final report must be provided that addresses, at a minimum:
Activities undertaken during the subject financial year, status and progress against deliverables,
budget progress, income and expenditure, report against monitoring and evaluation program and
measurable outcomes and outline of proposed upcoming works/activities for future period.
Final Report
Noosa Oyster Ecosystem Restoration Project Final Report, attached to this report, fulfils this
requirement.
The report provides:
• An overview of the performance of the Noosa Oyster Ecosystem Restoration Project (the
“Project”) for the full project period from 30 July 2019 – 30 September 2022.
• A specific update for the final 7-month period between 1 March 2022 and 30 September
2022.
• A log of Six-Monthly and Annual Reports provided to Noosa Council.
• A log of the meeting minutes of the Technical Advisory Group.
• A log of all relevant permits and plans.
• Project achievements against deliverables and highlights.
• A financial summary of all project costs, including a breakdown of expenditure by project
activity.
• Details of extensive community consultation, including community workshops.
• Partnerships developed with local community groups and businesses to deliver education
programs, including the Shuck Don’t Chuck shell recycling program, shell washing
engagement project, oyster gardening project, senior schools project, Kabi Kabi and school
holiday program activities, and the junior schools’ project.
• An overview of media, construction communications, and communication products.
• A summary of the Shellebration event marking construction of the oyster reefs.
• Outline of Kabi Kabi involvement including naming of the reefs by Kabi Kabi elders.
• A summary of scientific work informing the project and other key areas of interest for Noosa
Council, such as a Noosa River sediment accumulation study and seagrass report.
• An overview of the baseline monitoring program that occurred in July and August 2022 and
details of the ongoing monitoring and management of the oyster reefs.
Ongoing commitments
TNC has ongoing commitments towards the monitoring and management of the oyster reefs in
Noosa and in support of Council and local groups. These commitments include:
• Annual ecological performance and shoreline erosion monitoring reporting to authorities –
twice in first year, then annually for 5+ years.
• Facilitating 2 reef seeding events (Event 1 = Oct 2022 + Event 2 = Oct 2023).
• Facilitating Oyster Gardening (Yr2) (2022-2023).
• Supporting Noosa River Sediment Accumulation Study (2022-2023).
• Monitoring reef condition - rubbish, public complaints (2022-2030).
• Maintaining 8 channel markers – annual checks + maintenance (until removal in agreement
with authorities or adoption by MSQ).
• Embedding the oyster reefs into local culture through actions with local riverside businesses,
Council, and community groups (under the Reef Builder project).
• Continuing to support Council and local groups with river science and management actions,
where possible.
Actions arising from previous Council resolution
At Council’s 21 April 2022 Ordinary Meeting Council noted the 6 monthly report from TNC in
accordance with the Alliance and Funding Agreement.
Page 41 of 113
Section 42
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
At this meeting Council also requested a number of items. This report provides an update of the
actions and response to these items as follows;
B. Authorise the CEO to commence negotiations with The Nature Conservancy regarding the
Noosa River Reef Restoration Alliance and Funding Agreement and report back to Council
on the outcomes;
The CEO and Director of Environment and Sustainable Development entered negotiations with
TNC on the current alliance arrangement and the potential for a further agreement. It was
determined by both parties to not enter into a further agreement as it was not deemed necessary.
The requirements of the project and alliance agreement have been met by TNC and completed by
the end of the term as specified in the Agreement.
Ongoing monitoring and evaluation of the Oyster reef restoration project is still required under the
State and Council permits, providing adequate mechanisms in place to ensure the ongoing
success of the project. It is intended and hoped that Council can continue to work collaboratively
with TNC and benefit from TNC’s immense expertise to support Council’s priorities and target for
the Noosa River to achieve an A rating for environmental health as articulated in Council’s
Environmental Strategy.
C. Note that a separate detailed report and considerations will be presented to Council
regarding the findings of the Current and Historical Distribution of Seagrass in the Noosa
Estuary Report presented by The Nature Conservancy.
A council workshop has been set to discuss this report, a further report will then occur to Council.
D. Review the procurement and administrative processes to instigate the project, risks
associated with the project and how these are to be mitigated and incorporated into Key
Performance Indicators and any other matters that the Council should be made aware of in
entering into the agreement.
An independent review was sought by Norton Rose Fulbright Australia, to review the processes to
instigate the project. This review report is attached (Refer Attachment 2)
The review provides an assessment of the process undertaken to instigate the project and the
reporting requirements of the project over the past 3 years. The review’s overall findings are;
Overall, our review found that the process adopted by Council was generally consistent with its
applicable policies and statutory requirements and identified no major (red flag) issues. We did
identify a small number of areas of improvement and recommendations for Council’s consideration.
E. That the CEO be requested to keep a full record of staff time and costs and ancillary
expenses associated with the conduct of the review and include these costs as part of the
report back to Council.
The cost of this independent review was $15,650. Staff time associated with this process totalled
approximately 30 hours which equates to approximately $4000.
F. Authorise the CEO as per the TNC Alliance Funding Agreement Clause 20.5 -
"Amendments to this agreement may be proposed by either Party at any time in writing
to the other Party. The terms of any amendments shall be negotiated by appointed
contact officers and given effect by written agreement signed by both parties”; and
G. Contact the TNC in writing with a request to see the receipts and financials as per the Noosa
Shire Council 'Project Acquittal Form'; and
This request was made to TNC and in response to this request TNC provided a range of further
information including;
• TNC Audited Financial Statements 30th June 2021
• TNC Expenditure Statement June 2022 – providing a breakdown of Council’s first milestone
payment $179,237 paid in Sept 2019 against expenditure categories
Page 42 of 113
Section 43
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
• TNC Breakdown of staff hours/labour relating to First Payment Noosa Council
• Expenditure Report July 21-Jul 22 as per agreed activity codes and the extra itemised detail.
• First invoice from M&J Marine for reef construction works.
• First invoice from Ecological Service Professionals (ESP) for baseline monitoring works
• Invoice from International Coastal Management for assistance with permit applications
• Resource Recovery Australia invoice for shell collections from restaurants in Noosa.
• International Coastal Management invoice for reef construction engineering oversight and
associated contract deliverables
Finance and Corporate Services Director reviewed the documentation provided relative to the
Council resolution.
The key elements of the information provided by TNC are:
• TNC have identified that the first invoice payment comprises primarily all salary costs with a
number of minor invoices for minor consultancy activities
• TNC have provided summary of salary costs by activity, but have advised are unable to
provide transactional information on staff and pay levels
• TNC have advised Director ESD it is impracticable to obtain FY21 historical minor
consultancy invoices from their finance records archives
• TNC have provided sample of major FY22 invoices to substantiate next milestone payment
from Council. This contains engineering and construction invoices
• TNC have advised Director ESD process has been implemented to collate all invoices
moving forward for distribution to Council for claim acquittal
• TNC have provided a copy of audited financial statements
In summary, whilst it is recognised that TNC have not provided all invoices for enabling complete
reconciliation of the first milestone payment, they have provided a sample and identified that the
majority of cost incurred is salary based and no invoice is available to reconcile this. To address
this, TNC have provided invoices to support the anticipated second milestone payment and have
committed to enacting processes to ensure all invoices and salary cost summary are provided with
claims for future process.
The supporting provision of financial statements, indicating the organisation is subject to financial
review and audit, provides a higher level of surety of sound financial management.
It is also noted that Finance recommends that for future process improvement, where Council
engages in funding arrangements of similar complexity and materiality, that the contract and any
supporting agreements clearly articulate the cost inputs (salary, in-kind and materials/services)
and the financial information provision requirements to support payment milestones. This will
provide certainty for both parties.
H. Contact the TNC to commence in writing negotiations for inclusion within the current TNC
Alliance Funding Agreement and/or any future TNC Alliance Funding Agreements to include
the proper disclosure of all funds spent to include but not limited to: all receipts and financials
to align with the Noosa Shire Council acquittal guidelines/policy to accurately show who each
supplier/contractor/receiver of funds/receipts etc., to align with all other recipients of Noosa
Shire Council Funding without prejudice the need to request in writing the information if
Council wishes to see it as per the current 'Project Acquittal Form'.
This request has been made; however, it is noted that the Alliance and Funding Agreement has
now been completed and at this stage it is not intended to enter into a further formal agreement
with .TNC. TNC have indicated that they will provide invoices for all major contracts against
milestone payments. Council has two milestone payments remaining to pay TNC.
Council officers and TNC have discussed ongoing collaborative projects as there are a range of
significant research and initiatives that are still required for our River system to continue to improve
Page 43 of 113
Section 44
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
water quality and ecological restoration. It is intended that an exchange of letters will occur outlining
an intention to continue to work with and collaborate with TNC on these matters.
Continuation of Partnership
The existing Funding and Alliance Agreement was executed in July 2019 and anticipated a 3-year
span, with final report generated in September 2022. TNC will continue to have a strong presence
in Noosa in order to monitor and evaluate the oyster restoration project as per requirements of
permits. There are many opportunities for ongoing collaborate work to continue with TNC for the
river and catchment related projects. This includes for seagrass conservation, sediment monitoring
and assessments, water quality monitoring and river restoration. It is not intended at this point to
extend or develop a new alliance agreement with TNC. Should Council wish to continue to benefit
from the significant expertise and innovation that TNC has, separate arrangements would need to
be considered.
Previous Council Consideration
Previous Council reports have set out a lot of detail on this project and for ease of reference, links
to those previous reports are provided here:
Planning & Environment Committee Agenda, 12 April 2022 – p78
https://www.noosa.qld.gov.au/downloads/file/3561/2022-04-12-planning-environment-meeting-agenda
General Committee Agenda, 13 September 2021 – p106
https://www.noosa.qld.gov.au/downloads/file/3115/2021-09-13-general-committee-meeting-agenda
General Committee Agenda, 15 July 2019 – p10
https://www.noosa.qld.gov.au/downloads/file/641/2019-07-15-general-committee-agenda-pdf
General Committee Agenda, 14 January 2019 – p15
https://www.noosa.qld.gov.au/downloads/file/566/2019-01-14-general-committee-meeting-agenda-pdf
Ordinary Meeting Minutes, 21 April 2022, Item 8, Page 6
That Council note the report by the Environmental Services Manager (Acting) to the Planning and
Environment Committee Meeting concerning the Noosa River Reef Shellfish Restoration Project
dated 12 April 2022 and;
A. Note the 6 monthly report for the project submitted in accordance with the Alliance & Funding
Agreement between Noosa Council and The Nature Conservancy;
B. Authorise the CEO to commence negotiations with The Nature Conservancy regarding the
Noosa River Reef Restoration Alliance and Funding Agreement and report back to Council
on the outcomes; and
C. Note that a separate detailed report and considerations will be presented to Council
regarding the findings of the Current and Historical Distribution of Seagrass in the Noosa
Estuary Report presented by The Nature Conservancy.
D. Review the procurement and administrative processes to instigate the project, risks
associated with the project and how these are to be mitigated and incorporated into Key
Performance Indicators and any other matters that the Council should be made aware of in
entering into the agreement.
E. That the CEO be requested to keep a full record of staff time and costs and ancillary
expenses associated with the conduct of the review and include these costs as part of the
report back to Council.
F. Authorise the CEO as per the TNC Alliance Funding Agreement Clause 20.5 - "Amendments
to this agreement may be proposed by either Party at any time in writing to the other Party.
The terms of any amendments shall be negotiated by appointed contact officers and given
effect by written agreement signed by both parties”;
Page 44 of 113
Section 45
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
G. Contact the TNC in writing with a request to see the receipts and financials as per the Noosa
Shire Council 'Project Acquittal Form'; and
H. Contact the TNC to commence in writing negotiations for inclusion within the current TNC
Alliance Funding Agreement and/or any future TNC Alliance Funding Agreements to include
the proper disclosure of all funds spent to include but not limited to: all receipts and financials
to align with the Noosa Shire Council acquittal guidelines/policy to accurately show who each
supplier/contractor/receiver of funds/receipts etc., to align with all other recipients of Noosa
Shire Council Funding without prejudice the need to request in writing the information if
Council wishes to see it as per the current 'Project Acquittal Form'.
Ordinary Meeting Minutes, 16 September 2021, Item 11, Page 24
That Council note the report by the Environmental Services Manager to the General Committee
Meeting dated 13 September 2021 and approve the Noosa River Oyster Project: Annual Report
No. 2 (provided as Attachment 1 to the report) as meeting the requirements of the Alliance &
Funding Agreement.
Ordinary Meeting Minutes, 17 September 2020, Item 7, Page 16
That Council note the report by the Environmental Services Manager to the General Committee
Meeting dated 14 September 2020 and approve the Noosa River Oyster Project: Annual Report
No. 1 (provided as Attachment 1 to the report) as meeting the requirements of the Alliance &
Funding Agreement.
Ordinary Meeting Minutes, 16 July 2020, Item 2, Page 7
That Council note the report by the Environmental Services Manager to the Planning &
Environment Committee meeting dated 7 July 2020 and:
A. Approve the Project Management Plan (provided as Attachment 1 to the report) as meeting
the requirements of the Project Implementation Plan outlined in the Alliance & Funding
Agreement subject to Council appointing an independent scientific expert to provide a review
of the project’s Monitoring Evaluation and Reporting Plan. The review is to include an
assessment of the effectiveness of the methodology, project’s goals, measures, outputs and
outcomes within the context of ecological restoration and the terms of the three-year contract,
and recommendations (if any) for improvement to be included in the Monitoring and
Evaluation Plan; and
B. Note the Terms of Reference of the Noosa River Oyster Restoration Project Technical
Advisory Group (provided as Attachment 2 to the report); and
C. Establish a Noosa River Stakeholder Reference Group to provide strategic input, local
knowledge and expertise into River Management initiatives, initially providing input into this
Shellfish Restoration project and more broadly into finalisation and implementation of the
Noosa River Plan, and
D. Delegate to the CEO to determine the Terms of Reference and undertake a process to
establish the Noosa River Stakeholder Reference Group together with the appropriate role
for Councillor representation on that Group.
Ordinary Meeting Minutes, 18 July 2019, Item 8, Page 18
That Council note the report by the Director, Environment & Sustainable Development Department
to the General Committee Meeting dated 15 July 2019 and:
A. Approve the Alliance and Funding Agreement with The Nature Conservancy provided as
Attachment 1 to the report; and
B. Authorise the CEO to make minor amendments to finalise the document and to sign and
execute the Alliance and Funding Agreement with The Nature Conservancy.
Page 45 of 113
Section 46
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Finance
The total project budget was spent. Costs were split evenly between The Nature Conservancy and
Noosa Council ($1.2m each).
In May 2021, TNC were successful in obtaining an additional $1.2 million for the Noosa project
from the $20 million TNC Australia-Australian Government Reef Builder Project. This brings the
total allocation to the project in Noosa to $3.6 million.
Over 40 percent of the total budget was spent through partnerships with the private sector with
$911,837 being invested in 10 significant contracts.
Risks & Opportunities
A risk at this stage of the project is that oyster recruitment fails, however this is not expected to
occur as recruitment is already evident at several sites. Measures are also in place to re-seed if
required.
Post construction monitoring will occur in Autumn 2023, and again in Spring 2023. Annual
ecological and shoreline monitoring will then be undertaken from Autumn 2024 in line with permit
conditions.
Queensland’s Department of Environment and Science has invited The Nature Conservancy to
join their Moreton Bay Shellfish Restoration Working Group and to develop a restoration suitability
model for shellfish restoration for the Moreton Bay Marine Park. This work is now underway.
Consultation
External Consultation - Community & Stakeholder
In the reporting period March to September 2022, The Nature Conservancy:
• Secured all permits with relevant State Government agencies and Noosa Council
• Entered into and completed contracts with key contractors including M&J Marine Services,
Ecological Service Professionals, International Coastal Management and Bribie Island
Research Centre.
• Delivered the construction outreach plan including strategic communications with residents,
and general communications to the community including public notices, signage, aids to
navigation etc.
• Continued to deliver the Shuck Don’t Chuck shell recycling project with local restaurant
partners.
• Completed the Noosa Senior Schools engagement project in partnership with Noosa
Environmental Education Hub. A documentary is now being developed by the school
students on the oyster reef project.
• Completed the Junior Schools engagement project in partnership with Noosa Biosphere
Community Association
• Completed phase 1 of the community-led Oyster Gardening project in partnership with Noosa
Integrated Catchment Association.
• Developed and distributed the Oyster Chronicle news circular. Direct circulation was to over
100 locally engaged stakeholders on the Noosa mailing list.
• Reached 21,800,727 people through mainstream media and 7,814 people through social
media.
• Supported a PhD student from Griffith University who is studying the diversity of oysters and
their settling patterns in the Noosa River estuary.
• Secured an official name for Noosa’s oyster reefs from the Kabi Kabi elders – the ‘Huon
Mundy Reefs’.
• Developed an oyster reef interpretive sign in partnership Kabi Kabi applicants and Council.
• Held the project ‘Shellebration’ launch event to celebrate the project’s achievements and
partnerships (7 September 2022 at Tewantin) with Kabi Kabi presence.
• Implemented a grant with the Noosa Parks Association to undertake baseline scientific
assessments of sediment accumulation patterns in the Noosa River.
Page 46 of 113
Section 47
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Further consultation activities are detailed in Table 2 on p10 of the Final Report, ‘Project
deliverables, outcomes and achievements’.
Internal Consultation
Departments/Sections Consulted:
x Chief Executive Officer Community Services x Corporate Services
Executive Support Director x Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 47 of 113
Section 48
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 48 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
: ——— ee
— a AD TR we Yan el ee et | 2 ed ee ie . Af nh AIT 3.
NORTON ROSE FULBRIGH JOAMENT 2
ee Confidential and privileged
iN | ~~ rr ans = apo a re nt ear|)
Noosa Shire Council
eT te eee ee ee ee ee eee eee Pee eee
Review of Noosa Oyster Ecosystem Restoration
= oe oe =. =
rroject
Key Issues Report “e
18 October 2022 : a aoe :
CLE)
Norton Rose Fulbright Australia
ae —-= Level 21,111 Eagle Street, Brisbane QLD 4000
seca Tel: +61 (7) 3414 2829
= Wii nortonrosstuleriaht. com
Our ref: 4055120 Pi ,
7 = = ~ : as - . a3
—— = = 7. A a a ; _—" iS Cee
—— C :
ao - —— 7
ee Pte f, '588 ' si
Page 48 of 113Section 49
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 49 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Review of Noosa Oyster Ecosystem Restoration Project
Key Issues Report — Noosa Shire Council Confidential and subject to legal privilege
18 October 2022
Contents
1 HOW WaS ‘thist REPO Prepared? rescence ses rere eer ene ec rmeeere reer eeerormueeneS. Confidential and privileged
2 BSA a Rr cnsecs nesses RE TUL NT ES ORT
Schedule 1 — Definitions... ccc ccccccccccecececececcececececececececseseseseteteteesestetsetetevetetseseeee 42 This document has been prepared for use by Noosa Shire Council only
: and includes confidential information. This document may be subject to
Schedule 2 — Scope Of TeViCW.... eesti eee eet ieeeetetetestesceeceeee TA legal professional privilege, which is not waived if this document has been
Annexure A= Documents:reviewed jsacncsissananenmcamernamennmanrmanineanermannnmuan LO mistakenly delivered or transmitted.
If you are not authorised to receive this document, you must not use
this document in any way and you must immediately notify, and
return this document to, Norton Rose Fulbright Australia.
APAC-#302981652-v3 2 © Norton Rose Fulbright Australia
Page 49 of 113Section 50
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 50 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Review of Noosa Oyster Ecosystem Restoration Project
Key Issues Report — Noosa Shire Council Confidential and subject to legal privilege
18 October 2022
1 Overall Finding 2.4 Currency of this Report
Our (Norton Rose Fulbright Australia}, review found that the process adopted by This Report is dated 18 October 2022 and reflects the findings from the review we
Council was generally consistent with its applicable policies and statutory have conducted as at 5.00pm (Brisbane time} on that date in respect of the Project.
requirements and identified no major (red flag) issues. Vve identified a small Unless specifically requested by Council, this Report will not be updated after that
number of areas of improvement and recommendations for Council's consideration time in connection with any matter in or which affects the Report. Please contact
which are outlined in the Key Findings of this Report. us if there is any aspect of the Report you would like us to update or expand on
Risk categories.
2 How was this Report prepared? We have placed each of our key findings in one of the following 3 risk categories:
2.1 Overall Finding
22 Who was this Report prepared for?
Ve have prepared this Report atthe request of Noosa Shire Council (Council) in ap ; ; :
connection with the procurement review for the Noosa River Oyster Ecosystem SCpacoheieee cerepgetepel ve. fraer a re crece ie
Restoration Project (Project) and the Alliance and Funding Agreement dated 25 action the short or medium require any action inthe
July 2019 between The Nature Conservancy Limited ABN 83 243 328 398 (TNC) term is recommended short term
and Council (Agreement).
Reliance on this Report is limited ta Council (see section 2.19 of Schedule 2}, and 25 Scope and limitations
to the assumptions and limitations detailed in this Report.
oo This Report should be read in light of the scope of our review set outin Schedule 2
2.3 Materiality Criteria and the reliance information, limitations, qualifications and assumptions set out in
this Report. In particular, it should be noted that our scope was not equivalent to a
This Report has been prepared on an “exceptions only" basis. It does not seek to legal due diligence process and our observations are based solely on the
provide an exhaustive review of all issues arising out of the Project or the Review information listed in Annexure A.
Materials. Instead, it highlights issues that, in our opinion, Council oughtto
consider and address in similar projects, including in respect of the application of Dated: 18 October 2022
Council grants.
Our review has considered the following two phases: OS
1. Phase One: Project initiation (process undertaken by Council to engage TNC :
and enter into the Agreement); and
2. Phase Two: Project delivery. Ren Niemann, Partner
In respect of the above, we note a third phase of the Projectis current being Caeanionbe hates Hattoritass:-Eulbright austoala
carried out, being the finalisation of the Project. As this phase is in progress, it is
beyond the scope of our review for the purposes of this Report.
AP AC #302981 652-3 3 © Norton Rose Fulbright Australia
Page 50 of 113Section 51
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 51 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Review of Noosa Oyster Ecosystem Restoration Project
Key Issues Report — Noosa Shire Council Confidential and subject to legal privilege
18 October 2022
3 Key findings
We have set out below our key findings from the review undertaken and our associated recommendations, where appropriate.
The categorisation of issues in this section is an assessment based on our understanding of the Project and the Agreement. It is also not a substitute for
reading the Report in full and reaching an independent judgement of the relative importance of each particular issue.
Item ti LC Sa bs-1 01-3 Recommended action
category
Phase 1: Project initiation (process undertaken by Council to engage TNC and enter into the Agreement)
1. Whether Council undertook appropriate steps to identify the suitable While Council consulted its Governance Team
regulatory and policy framework to implement this Project, e.g. requirements and Procurement Team to identify the appropriate
under the LGA, Community Grants Policy, Environmental Levy Policy and regulatory framework for this Project, in the future,
Environmental Grants Policy? we recommend Council undertake additional
project specific analysis when considering similar
NRF Observations: projects. For instance, this might involve:
Council took steps to identify the appropriate framework for this Project, ° a formal Step Re ee etal warn
which included internal consultation with Council’s Governance Team and ae der the Rat rthe proiect and aavise
Procurement Team. Based on the Review Material, it appears the ‘ Ae: te’ j tne oy Or Tres on oh ot ee
Governance Team, supported by the Procurement Team, considered the ate oh ae eee ee enpe en aes rant
applicability of the LGA to this Project (amongst Council’s other procurement funding and Howe best a reseed Th cn
related frameworks). Council’s Governance Team ultimately determined the that aavice fee: BOTE said HaWE a eetnan ts
Project to be a “grant type of financial distribution” and, based on the Council Beet leted BVARG GOSVeIRArOSs TAan
reports, considered the Environmental Levy Policy and Environmental Grants : ap y .
Rolie? ta AGol (including attaching relevant external advice
2 PPIY- necessary for this gate); and
e identifying relevant parties to the project and
their respective roles, rights and obligations
and how this may be treated under the LGA,
Community Grants Policy or Environmental
Policy or other applicable policy as this may
influence the relevant framework to be
applied. This could be part of the request
form outlined above.
APAC-#302981652-v3 4 © Norton Rose Fulbright Australia
Page 51 of 113Section 52
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 52 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Review of Noosa Oyster Ecosystem Restoration Project
Key Issues Report — Noosa Shire Council Confidential and subject to legal privilege
18 October 2022
Item Nand 4 Key issue Recommended action
category
i Whether TNC provided sufficient evidence to demonstrate its eligibility to To ensure the funding recipients provide all
receive the funding under the Environmental Policy and its application was relevant information when submitting their
otherwise in accordance with such requirements. proposals, Council may consider implementing
one or more ‘gates’ where applicants cannot
NRF Observations: proceed to the next stage of the proposal
evaluation process until they have provided all
TNC submitted the Proposal, which was a 19 page application for the Project — relevant information (such as not-for-profit status,
(dated 2019 — 2021 ), which contained a detailed overview of the Project's incorporation/ABN details, insurances and work
purpose, funding requirements, benefits to the local community (including place health and safety practices etc.). In relation
value for money and that the project is in the public interest) and alignment to this, Council might consider:
with Council’s Noosa Environment Strategy. While this Proposal addressed wa stnillar ferltenl fires feelesins ieifeenark
most of the relevant criteria, it did not address all of the criteria specified in li t lat lic Serr g d g
the Environmental Grants Policy. For example, the Proposal did not address ROCs SIUPAIE GPpISaNOn Onan
(in sufficient detail) TNC’s not-for-profit status, incorporation, ABN and bank complianes checklist that should be
account details, workplace health and safety practices and insurances that it completed by prapanans for the relevant
holds (or will effect for the Project). In this respect, we consider, based on grant proposal. This will ensure greater
the longstanding relationship Council had with TNC (which we understand gansistencs Ip inermatan ended and
was circa 4 years at the time of the Proposal) coupled with the Project being campllaner cheeks by Ceanell: end
subject to a formal contract being entered into (where the contract would e _ instituting internal processes that require
identify some of this information such as the ABN), these non-conformances appropriate delegated employees to confirm
to be minor. whether the proponent has passed an EOI
gate (based on the EOI form) and application
gate (based on the application form).
In addition to the above (and not specifically
relevant to our review of this Project), Council
may also look to build into its funding/grant
agreements obligations ensuring funding
recipients satisfy the relevant eligibility criteria at
all times throughout the funding term. This could
be built in to the terms of the funding agreement.
3: In assessing TNC’s Proposal, Council considered relevant assessment In the future, if Council considers a particular
criteria, as prescribed in the Environmental Policy (and other relevant policies project in isolation (i.e. Council’s consideration is
and procedures). For example, local content and community benefits similar to a ‘sole sourced’ project and is not
requirements. considering that project in comparison to other
potential applications that may be competing for
an allocation of the funding available), it should
APAC-#302981652-v3 5 © Norton Rose Fulbright Australia
Page 52 of 113Section 53
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 53 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Review of Noosa Oyster Ecosystem Restoration Project
Key Issues Report — Noosa Shire Council Confidential and subject to legal privilege
18 October 2022
yan) LSA id 4 LC abst) Recommended action
category
NRF Observations: set out detailed reasons in the internal
Based on the General Committee Meeting Report of 14 January 2019, assessment of an application (and subsequent
Council considered relevant assessment criteria. For example, Council: briefing to Council) as to its compliance with the
: s ea ; , ; criteria as well as a justification as to why the
e considered the risks and opportunities for the Project (noting that it project is being considered in isolation
appears that Council considered this Project in isolation to other :
environmental initiatives and actions that could have been available); / ae
* considered the Noosa Environment Strategy, specifically the alignment of his assessment and justification should also
the Project with a key focus area of this strategy, being “Waterways, include a detailed risk and opportunities
Wetlands & Coasts” (with the first priority of this focus being to [email protected] improve the health of waterways, wetlands and catchments);
e consulted with many internal and external stakeholders, e.g. the Noosa _—Note: this is not a material concern for the Project
Parks Association, Noosa Biosphere Reserve and both Council’s as the Council briefing report transparently
Governance office and Environmental and Sustainable Development identified that this Project had been considered in
office; and isolation (with an opportunity for additional
e considered local content, value for money and public interest criteria (this oration Foated. by Councillors to
was addressed both in the report itself and the report’s attachments). : 4 ee .
Separately, Council might consider the need fora
: . probity advisor to be appointed, as appropriate,
Notably, the above report did not specifically appear to address insurance for grant funding programs to monitor the
and work health and safety criteria. However, we note that this criteria was application of the program.
subsequently addressed in the Alliance Funding Agreement that was entered
into by the parties.
4. Stakeholder consultation undertaken. Council to ensure that its internal assessment
process has an action identified, as part of the
- . assessment, to ensure appropriate stakeholder
BRE Shservatlons: consultation is undertaken. If there are concerns
Council undertook substantive stakeholder consultation before, during and regarding the extent to which such consultation
after the proposal evaluation process. For example, the findings of such can be done at the assessment stage (e.g. due to
consultation were documented in the 2015 TNC Report and 2018 USC confidentiality or the sensitive nature of the
Report. The General Committee Report of 14 January 2019 also noted project), Council should retain an internal action to
Council had consulted with many external stakeholders as part of the Oyster — continue such consultation at subsequent
Reef Pilot Project. appropriate gates.
APAC-#302981652-v3 6 © Norton Rose Fulbright Australia
Page 53 of 113Section 54
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 54 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Review of Noosa Oyster Ecosystem Restoration Project
Key Issues Report — Noosa Shire Council Confidential and subject to legal privilege
18 October 2022
Item Nand 4 Key issue Recommended action
category
5: Appropriate controls on approvals applied. While minor in nature, we recommend Council
ensure (where appropriate) that any proposal and
NRF Observations: weighting assessments are considered for peer
: sO . ; : review and, where appropriate, identifies the
Subject to the matters identified at items 2 and 3 above, the Project was process to engage a peer reviewer (such as a
adequately documented and minuted when it was put to Council for subject matter expert). This will enable an
consideration in the applicable general meetings. The decision to proceed independent review of the proposal to ensure,
with the Project was made by Council resolution (specifically the general from a technical and financial perspective, the
meetings of 17 January 2019 and 18 July 2019), which was in accordance proposal is likely to achieve its expected
with both the LGA and Council’s delegations of authority. outcomes and be value for money.
Council passed the following resolutions in the Council meeting of 18 July Whether this is necessary in all cases will
2019: depending on meeting threshold criteria to be
e Council approved the Agreement as attached to the corresponding applied having regard to the extent of the funding
Council report; and available generally, the nature of the grant
e authorised Council’s Chief Executive Officer to execute the Agreement program, the nature of the propasal am the
on Council’s behalf with the TNC. proposed funding amount being applied for.
sa . ‘ In the case of the Project, as Council had an
In addition to the above, while a number of key internal stakeholders (e.g. . . ie oat
Council’s Chief Executive Officer and Council's Director of Environment and established history wit INS pefore the formal t
Sustainable Development) were consulted throughout the Project item Aodbint® enle os framers fl 7 a
assessment process, it is not clear (based on the Review Material) whether fe — et las nite fefi " Bok » In part,
the assessment and weighting decisions made by the relevant Council e solion ¢ UE be ae — he Sue
officers were subject to any peer review (although we note that Council and ane ae to e OSE a Some dai
TNC had an existing relationship and there were previous external reports I" Dake yent peer review which would tnen
about the proposed activities and outcomes to be achieved which Council evaluate.
could consider). 1. the merits of undertaking the suggested
oyster restoration program; and
2. the suitability of TNC as the recipient of
the funds.
It is noted that, in relation to the second question
(being the suitability of TNC), we understand that
TNC would have been the only appropriate
recipient given we are informed that they are the
only organisation in Australia undertaking such
work.
APAC-#302981652-v3 ip © Norton Rose Fulbright Australia
Page 54 of 113Section 55
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 55 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Review of Noosa Oyster Ecosystem Restoration Project
Key Issues Report — Noosa Shire Council Confidential and subject to legal privilege
18 October 2022
iyo) LS aim1 4 LCoS st Recommended action
category
6. Council complied with required disclosure requirements. For noting only.
NRF Observations: Note: where Council publishes specific projects
Council published the Project on its webpage, including details of TNC and on a standalone webpage, we recommend it also
the amount of funding provided by Council. publishes details of such projects on its
Environment & Climate Change Grants webpage
as well.
L, Contract used was appropriate for the Project. We recommend Council build in a check process
whereby the Governance Team reviews proposed
= . funding agreements to ensure they reflect
BEF SEseranons: activities and deliverables consistent with the
Council engaged an external law firm to oversee and advise on the initial review (see Item 1 above) and the relevant
preparation of the Agreement. grant policy and do not extend beyond the policy
The Agreement required TNC to carry out a broad range of activities, and framework into the procurement policy framework.
contemplates alliance and collaboration-type objectives, which may create Additionally, Council should consider ongoing
the risk of the Agreement being used to secure procurement outcomes monitoring of the activities and deliverables
outside of Council’s Procurement Policy being adhered to instead of a provided (e.g. upon the achievement of project
funding arrangement. milestones) as well ensuring that internal
processes reflect a need to ensure any material
change to the activities and deliverables under the
agreement are considered from Council’s
regulatory and policy framework.
Note: based on the Review Material, we have not
observed any instances of this Agreement being
used in any other manner other than for the
purpose for which it was intended, but wanted to
flag this as a potential issue for consideration in
future projects.
8. Appropriate governance structure was in place for the Project and For noting only (and as we understand, future
Agreement. projects will be subject to Council’s new Policy
Framework, which was recently adopted).
NRF Observations:
APAC-#302981652-v3 8 © Norton Rose Fulbright Australia
Page 55 of 113Section 56
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 56 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Review of Noosa Oyster Ecosystem Restoration Project
Key Issues Report — Noosa Shire Council Confidential and subject to legal privilege
18 October 2022
Item Nand 4 Key issue Recommended action
category
Based on the Review Material, Council has demonstrated material For similar funding grants, Council should ensure
compliance with the governance framework under the Agreement. that:
Council also endorsed the PMP and EMP required under the Agreement in e the funding agreement has a clear
the Council meeting of 7 July 2020. Based on the Council report, these plans governance framework appropriate to the
were subject to an independent review and appear to be sufficient for the project and identifies the remit of the structure
Project. and decision-making responsibility (if any);
The PMP detailed the Project deliverables, objectives and applicable and
completion dates; allocated responsibilities in respect of such e the governance framework is established and
deliverables/objectives; identified relevant stakeholders; established implemented with appropriate reporting and
management, project reporting and communication frameworks; identified the auditing requirements to support the functions
measurable outcomes (in relation to the deliverables and objectives); and of the governance framework.
contained both risk assessment and project budgeting information.
The EMP detailed the environmental, social and economic targets and goals
(and established the Project team and the Project Technical Advisory Group)
for the Project.
Phase 2: Project delivery
9: Monitoring Project progression (including assessment of relevant To assist Council in verifying that its funding
milestones). contributions are appropriately used by the
funding recipient, we recommend Council
NRF Observations: SOSHies that future naning ST SEMSUS:
Based on the Review Material, it appears that TNC provided adequate ° ae Sea e a rtm aieta amiestones or
updates to Council which addressed the Project’s progression. For example, z ee was aEseseed:
TNC provided both annual and six monthly reports in accordance with the PP
requirements of the Agreement (these reports addressed matters such as * have clear and substantial rights to audit
progress against agreed deliverables, unforeseen issues, work completed to records and request financial and other
date, community engagement and project finance etc.). substantiating information (to ensure
However, while the above reports were detailed in nature and addressed transparency of expenditure),
some of the requirements specified in the Agreement (e.g. the measurable « ensure that performance requirements
outcomes), they did not explicitly address how Council's funding has been include substantiation documentation on
expended. For example, the reports did not contain evidence to substantiate spending and meeting expenditure or
TNC’s reported expenditure of Council’s funding on the Project (e.g. in the procurement (e.g. local content/suppliers)
annual and six monthly reports) was actually incurred in the manner reported requirement as part of the provision of grant
and properly acquitted. In this respect, we do not consider this requiring funding;
immediate action as it is our understanding that Council has only paid TNC
APAC-#302981652-v3 9 © Norton Rose Fulbright Australia
Page 56 of 113Section 57
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 57 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Review of Noosa Oyster Ecosystem Restoration Project
Key Issues Report — Noosa Shire Council Confidential and subject to legal privilege
18 October 2022
Item Nand 4 LC -aYa bs-1 0) Recommended action
category
the first instalment under the Agreement (which was in the amount of e clearly define the nature of expenditure that
$179,237.00) and the other Deliverables are nearing completion, for which Council's funding can be applied to and
Council will carry out appropriate checks and balances. expenditure to which it cannot; and
e have clear rights, as appropriate, to enable
Council to suspend funding, perform
reconciliation of spending and appropriate
rights to recover overpayment or
inappropriate expenditure as well as
‘clawback’ rights where performance
outcomes have not been achieved.
This will also assist Council to achieve value for
money outcomes and will hold funding recipients
to account.
10. Compliance with reporting requirements (both under the agreement and the For noting only.
Council’s policies and procedures).
NRF Observations:
As noted in item 9 above, TNC has complied with its reporting requirements
under the Agreement (provision of annual and six monthly reports). In
addition to the reports, we understand Council's Executive Level Forum met
at least twice each financial year in respect of the Project as well as the
Project team and Project Technical Advisory Group meeting in accordance
with the requirements of the EMP.
FL. Evidence of approvals and satisfaction of other key requirements provided to —- For noting only.
Council (and verified by Council) as required by the agreement and relevant
Council policies and procedures.
NRF Observations:
TNC provided sufficient evidence of approvals and key Agreement
requirements to Council’s satisfaction. For example, TNC provided copies of
correspondence with relevant Government authorities (such as the State
Assessment Referral Agency and the Queensland Department of Resources)
APAC-#302981652-v3 10 © Norton Rose Fulbright Australia
Page 57 of 113Section 58
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 58 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Review of Noosa Oyster Ecosystem Restoration Project
Key Issues Report — Noosa Shire Council Confidential and subject to legal privilege
18 October 2022
Item Nand 4 LC -aYa bs-1 0) Recommended action
category
and provided copies of relevant approvals (such as the general fisheries
permit).
12. Council’s compliance with its disclosure requirements. For noting only.
NRF Observations:
This item interlinks with our observations at item 6 above, whereby Council
regularly provided updates on its website regarding Project
developments/milestones. Council has complied with its disclosure
requirements.
13. Project and performance audits carried out. Although detailed updates were provided by
TNC during this Project, Council might have
. . benefited from separate audit/s at appropriate
all caliealaealanacau ; : : stages during the Project to verify compliance.
While TNC provided annual and six monthly reports in accordance with the Note: given the nature of the milestones and the
reporting framework (refer to item 10 above), based on the Review Material, . . .
it is not clear the extent that Council performed any Project audits PAHent DAGOOHG BESInSLINSE Milesietes,
, this issue is not considered as one requiring
immediate action, but wanted to flag this as a
potential issue for consideration in future
projects.
14. Implemented the governance structure and undertook processes accordingly. For noting only.
NRF Observations:
Based on the Review Material, Council has demonstrated its compliance with
the governance framework discussed in item 8 above.
APAC-#302981652-v3 11 © Norton Rose Fulbright Australia
Page 58 of 113Section 59
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 59 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Review of Noosa Oyster Ecosystem Restoration Project
Key Issues Report — Noosa Shire Council Confidential and subject to legal privilege
18 October 2022
Schedule 1 — Definitions
In this Report, a reference to:
fs | means Australiancollars. = Environmental | means the Environmental Levy Policy endorsed 16
Levy Policy January 2020.
2015 TNC means the TNC Report to the Thomas Foundation
Report and Noosa Parks Association on Assessment of }EOIForm ——_| means Councils Expression of Interest form.
aquatic restoration and management options for
Noosa Estuary and Lakes dated 9 January 2015. means the Evaluation and Monitoring Plan attached
as Appendix 2 of the PMP.
2018 USC means the USC Monitoring of the Noosa River Oyster
Report Reefs: November 2017 — November 2018 Report Executive means the two key contact officers, those being the
dated December 2018. Level Forum Director of Oceans (TNC) and Director of Environment
and Sustainable Development who oversee the
2022 Report means the OPW/22/0029 — Noosa River Oyster Project.
Habitat Restoration Enhancement Project:
dated April 2022.
epee oe
Agreement means the Alliance and Funding Agreement dated 25
Criteria
Annual Report | means the Annual Report No. 1 — July 2019 to August
No. 1 2020. Measureable | means the outcomes specified in Schedule A of the
Outcomes Agreement which are associated with a deliverable to
Annual Report | means the Annual Report No. 2 — September 2020 to measure the achievement of the deliverable.
Noosa mean the Noosa Environmental Strategy 2019.
Strategy
Community means Council’s Environmental Levy Policy endorsed
Grants Policy | 16 January 2020. means the Bring Back the Fish Project Management
Plan 25 July 2019 — 30 September 2022.
Environmental | means Council’s Environmental Grants Policy
Grants Policy | endorsed 19 September 2019. Policy means Council’s 2022 Governance Framework.
Framework
APAC-#302981652-v3 12 © Norton Rose Fulbright Australia
Page 59 of 113Section 60
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 60 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Review of Noosa Oyster Ecosystem Restoration Project
Key Issues Report — Noosa Shire Council Confidential and subject to legal privilege
18 October 2022
Procurement means Council’s Procurement Policy endorsed 28 Six Monthly means the Six Monthly Report No. 2 — September
Policy June 2019. Report No. 2 2020 to February 2021.
Project is referred to in the material as the Noosa Technical Six Monthly means the Six Monthly Report No. 3 — August 2021 to
Technical Advisory Group and supports the project manager in Report No. 3 February 2022.
Advisory undertaking the Project. This group consists of
Group representatives from the TNC, NSC, Queensland Review means the documents listed in Annexure A.
Department of Environment and Science — Materials
Queensland Department of Agriculture and Fisheries,
Maritime Safety Queensland, Kabi Kabi Traditional TNC means the The Nature Conservancy Limited ABN 83
Owners, and independent aquatic ecologist/biologist. 243 328 398
Proposal means the proposal from TNC to Council in relation to USC Report Bringing fish life back to Noosa: restoring lost oyster
Phase || and II of Bring Back the Fish Oyster Reef reef habitats in Noosa Biosphere — Final Report
Restoration 2019-2021.
Report means this report (including any schedule or
annexure).
APAC-#302981652-v3 13 © Norton Rose Fulbright Australia
Page 60 of 113Section 61
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 61 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Review of Noosa Oyster Ecosystem Restoration Project
Key Issues Report — Noosa Shire Council Confidential and subject to legal privilege
18 October 2022
Schedule 2 — Scope of review
1 Scope of work and specific assumptions and limitations
1.1 Our scope of work comprises Norton Rose Fulbright undertaking an independent review of the procurement and administrative processes undertaken by Council to
instigate the Project in 2019, which includes:
(1) reviewing the procurement and administrative processes to instigate the Project;
(2) identifying the risks associated with the Project and how these risks are to be mitigated and incorporated into key performance indicators; and
(3) identifying any other matters that Council should be made aware of when pursuing similar projects in the future.
APAC-#302981652-v3 14 © Norton Rose Fulbright Australia
Page 61 of 113Section 62
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 62 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Review of Noosa Oyster Ecosystem Restoration Project
Key Issues Report — Noosa Shire Council Confidential and subject to legal privilege
18 October 2022
2 Limitations, qualifications and assumptions
2 Our verification review is subject to the limitations, qualifications and assumptions set out in this Report. If any of our assumptions or qualifications are incorrect, our
findings may need to be reviewed or amended.
a We have not taken any steps to verify the assumptions set out in this Report and assume, with respect to each addressee of this Report, that the addressee does not
know or suspect that any of those assumptions is incorrect. We have not made specific enquiries beyond the steps that are stated in this Report.
Our review
23 This Report has been prepared solely for the purpose of providing Council with an overview of the legal matters within the scope of our review and in accordance with
the terms of our engagement by Council. We have followed the Council's instructions when preparing this Report (which may not always be referred to in this Report).
2.4 In accordance with our scope of work set out in section 1 of this Schedule 2 and applying the Materiality Criteria, we have reviewed only the Review Materials.
25 This Report is limited to the matters expressly referred to in this Report and should not be extended by implication. This Report was prepared on an “exceptions only”
basis, which means it does not comprehensively report on all documents reviewed or investigations made and instead reports on the material legal issues identified in
accordance with the Materiality Criteria. While this Report may include some material which is not strictly required in a report of this nature, the inclusion of that
material does not expand the scope of this Report.
2.6 This Report is limited to the Project and does examine if there are any issues relating to the Council itself.
at We are not responsible for the representations, opinions or findings of any other person that may be referred to in this Report or the information provided to us. In
particular, Council may not have considered certain matters to be material matters to bring to our attention.
2.8 We do not have any obligation to inform you of any matter coming to our attention after the date of this Report that relates to or affects this Report.
Status of information provided to us
2.9 Although we have made every effort to ensure that the contents of this Report are accurate, we have not attempted to independently verify or audit the information that
has been given to us. In particular, we have not conducted any searches of public databases.
2.10 We have assumed that:
(1) except where apparent from the information provided, all information provided to us (regardless of form) is true and complete in all respects (and if an opinion
or belief, is honestly and reasonably held), is not misleading, and where applicable, is based on reasonable assumptions following proper enquiries, and no
other relevant information exists;
(2) all persons who answered our questions or otherwise provided us with information (whether verbally or in writing) were competent and duly authorised to
provide that information and there were no other persons we should have requested information from in each circumstance;
APAC-#302981652-v3 15 © Norton Rose Fulbright Australia
Page 62 of 113Section 63
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 63 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Review of Noosa Oyster Ecosystem Restoration Project
Key Issues Report — Noosa Shire Council Confidential and subject to legal privilege
18 October 2022
(3) all dates, signatures, seals and duty markings are authentic, and all documents we reviewed have been stamped (and any other applicable similar taxes have
been paid on them) to the extent necessary; and
(4) no term of any document (or document or arrangement referred to in it) has been amended by any of the parties orally, by conduct or course of dealing or
otherwise without us being made aware of it.
Copies of documents
2.11 We have assumed that:
(1) if we have reviewed a copy of a document, it is a true and complete copy of the original; and
(2) if a copy of a document does not include all the signature pages, or evidence of signature by all parties to it, the original document was properly executed.
Status of agreements and arrangements
2.12 We have assumed that:
(1) each document we reviewed is enforceable in accordance with its terms. We express no opinion about whether any document we reviewed is enforceable;
(2) except where apparent from the documents provided, any party entering into and performing their obligations under any agreement or arrangement had the
necessary capacity and power, and all necessary actions in all relevant jurisdictions have been taken to authorise the entry into and performance of that
agreement or arrangement;
(3) except to the extent expressly disclosed, there are no breaches under any agreement or arrangement referred to in the Review Materials and all those
agreements or arrangements are continuing; and
(4) except to the extent expressly disclosed, each condition precedent to any document or obligation under a document has been satisfied or waived.
212 Unless expressly stated in this Report, we have not conducted any investigations regarding the counterparties to any agreement or arrangement (including to
determine whether there are any undisclosed principals).
Human rights, bribery and corruption
2.14 This Report is not designed to and is not likely to reveal fraud, misrepresentation, bribery, corruption or human rights violations by any person.
Jurisdiction and applicable law
2.15 This Report is based on the laws of Queensland, Australia as at the date of this Report. We have not taken into account and express no opinion (express or implied)
in this Report about the laws of any other jurisdiction, and we have made no independent investigation in relation to any of those laws.
APAC-#302981652-v3 16 © Norton Rose Fulbright Australia
Page 63 of 113Section 64
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 64 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Review of Noosa Oyster Ecosystem Restoration Project
Key Issues Report — Noosa Shire Council Confidential and subject to legal privilege
18 October 2022
2.16 To the extent any agreement or arrangement we reviewed will be performed in any jurisdiction outside Australia, we have assumed the entry into the agreement or
arrangement and its performance will not be illegal or ineffective due to the laws of that jurisdiction.
2.17 We assume that each applicable law is constitutionally valid and otherwise enforceable.
Our knowledge
2.18 This Report represents, and the assumptions are based on, the knowledge of our partners and solicitors who, as at the date of the Report, were involved in its
preparation, and we have made no enquiries of any partner or solicitor who may have knowledge of matters relevant to anything referred to in the Report acquired
other than through preparing the Report.
Reliance on this Report
2.19 This Report is addressed to, and may only be relied on by, Council. Without our prior written consent, this Report may not be relied on by any other person.
Disclosure
2.20 This Report may not be filed with a government or other agency or quoted or referred to in a public document, or disclosed to any person other than:
(1) to those persons (such as auditors or regulatory authorities) who, in the ordinary course of the Council’s business, have access to its papers and records or
are entitled by law to see them and on the basis that those persons will make no further disclosure;
(2) if required by law or in accordance with an official directive or request;
(3) professional advisers retained by the Council for the purposes of advising it in connection with the transaction to which this Report relates; and
(4) in connection with any litigation or proposed litigation in relation to the transaction to which this Report relates or this Report.
Norton Rose Fulbright Australia
2.21 Norton Rose Fulbright Australia’s liability in respect of this Report is governed by its terms of engagement, and qualified by the scope of work, limitations, qualifications
and assumptions outlined in this Report.
APAC-#302981652-v3 17 © Norton Rose Fulbright Australia
Page 64 of 113Section 65
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 65 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Review of Noosa Oyster Ecosystem Restoration Project
Key Issues Report — Noosa Shire Council Confidential and subject to legal privilege
18 October 2022
Annexure A— Documents reviewed
The list below sets out the documents provided to us in connection with our limited scope legal verification review.
(1) Contract:
(a) Proposal from TNC to Council in relation to Phase || and II of Bring Back the Fish Oyster Reef Restoration 2019-2021; and
(b) the Agreement.
(2) Meeting Minutes and Agendas:
(a) General Committee Meeting Agenda dated 16 May 2022;
(b) Council Ordinary Meeting Minutes dated 21 April 2022;
(c) Council Ordinary Meeting Minutes dated 17 September 2020;
(d) General Committee Meeting Notes dated 14 September 2020;
(e) Planning and Environment Committee Meeting Report dated 7 July 2020;
(f) General Committee Meeting Agenda dated 15 July 2019;
(9) General Committee Meeting Report dated 14 January 2019;
(h) Council Ordinary Meeting Minutes dated 18 May 2017;
(i) Council Ordinary Meeting Minutes dated 15 December 2016;
0] Council Ordinary Meeting Minutes dated 19 November 2015; and
(k) Council Ordinary Meeting Minutes dated 22 October 2015.
(3) Council Policies:
(a) Procurement Policy endorsed 28 June 2019;
(b) Community Grants endorsed 21 May 2020;
(c) Environmental Grants endorsed 19 September 2019;
APAC-#302981652-v3 18 © Norton Rose Fulbright Australia
Page 65 of 113Section 66
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 66 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Review of Noosa Oyster Ecosystem Restoration Project
Key Issues Report — Noosa Shire Council Confidential and subject to legal privilege
18 October 2022
(d) Environmental Levy Policy endorsed 16 January 2020;
(e) 2022 Governance Framework; and
(f) Noosa Environmental Strategy 2019.
(4) Laws:
(a) Local Government Act 2009 (Qld); and
(b) Local Government Regulation 2072 (Qld).
(5) Report Papers:
(a) Oyster Reef information sheet;
(b) Technical Advisory Group Terns of Reference for the Project;
(c) TNC Report to the Thomas Foundation and Noosa Parks Association on Assessment of aquatic restoration and management options for Noosa
Estuary and Lakes dated 9 January 2015;
(d) USC Monitoring of the Noosa River Oyster Reefs: November 2017 — November 2018 Report dated December 2018;
(e) OPW22/0029 — Noosa River Oyster Habitat Restoration Enhancement Project: Assessment Manager Development Assessment dated April 2022;
(ff) Bringing fish life back to Noosa: restoring lost oyster reef habitats in Noosa Biosphere — Final Report; and
(g) Bring Back the Fish Project Management Plan 25 July 2019 — 30 September 2022.
(6) TNC Reports:
(a) Six Monthly Report No. 2 — September 2020 to February 2021;
(b) Six Monthly Report No. 3 — August 2021 to February 2022;
(c) Annual Report No. 1 — July 2019 to August 2020; and
(d) Annual Report No. 2 — September 2020 to August 2021.
APAC-#302981652-v3 19 © Norton Rose Fulbright Australia
Page 66 of 113Section 67
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 67 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Review of Noosa Oyster Ecosystem Restoration Project
Key Issues Report — Noosa Shire Council Confidential and subject to legal privilege
18 October 2022
(7) Letter and emails:
(a) letter dated 13 October 2021 from the Department of Resources;
(b) letter dated 7 April 2022 from the State Referral and Assessment Agency;
(c) letter dated 10 May 2022 from the Department of Agriculture and Fisheries;
(d) emails between Scott Ison and Craig Doolan; and
(e) email between Scott Waters and Norton Rose Fulbright providing overview of the Project.
(8) Permits:
(a) general fisheries permit dated 1 April 2021; and
(b) general fisheries permit dated 4 October 2021.
(9) Other:
(a) history of Council considerations and decision on River Health Restoration — Oyster Restoration;
(b) overview of meeting recommendations and resolutions on 13/10/2015, 22/10/2015, 10/11/2015, 19/11/2015, 12/12/2016, 15/12/2016 and
09/05/2017;
(c) map showing the resource allocation authority within Noosa River declared fish habitat area provided by the Department of Agriculture and Fisheries
on 8 April 2022; and
(d) Council’s Alliance Agreement Expression of Interest form.
APAC-#302981652-v3 20 © Norton Rose Fulbright Australia
Page 67 of 113Section 68
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
8 CONTRACT NO. T000071 MCKINNON DRIVE COMMUNITY SPORTS FACILITY
REPLACEMENT – TENDER AWARD
Author Buildings and Facilities Coordinator – Chris Steel
Infrastructure Services Department
Index ECM/ Project & Contract / T000071 McKinnon Drive Community Sports
Facility Replacement – Tender Award / Council Reports
ECM/ Subject / Contracting / Council Properties
Attachments 1. Evaluation Spreadsheet
EXECUTIVE SUMMARY
• This report provides a recommendation for the contract award of the preferred contractor for
Contract No. T000071 for Design and Construct of McKinnon Drive Community Sports
Facility Replacement.
• This is a lump sum price contract that will include all materials and services required for the
detailed design and construction of the project.
• In accordance with Council procurement policy and procedure, an Invitation to Tender (ITT)
was initiated and attracted one (1) response considered compliant for further assessment.
• The tender evaluation panel completed the evaluation process and considered Murphy
Builders Qld Pty Ltd to be most advantageous to Council, representing value for money as
evidenced by an independent Quantity Surveyor.
• The anticipated construction completion date is June 2023.
• Multiple Funding Sources Building Better Regions Fund (BBRF), Local Government Grants
and Subsides Program (LGSP), South East Queensland COVID Stimulus Program
(SEQCSP), QLD Cricket and Council (including ZEN Initiative)
RECOMMENDATION
That Council note the report by the Buildings and Facilities Coordinator to the General Committee
Meeting dated 24 October 2022, and award Contract No. T000071 for design and construction of
McKinnon Drive Community Sports Facility Replacement to Murphy Builders Qld Pty Ltd for the
lump sum price of $1,871,877 (excl. GST).
REPORT
1. Background
Council has recently demolished a facility at this location and completed architectural concept
designs for a replacement facility. The Council sought a design and construct tender for a compliant
and accessible multipurpose community facility in line with contemporary standards that will meet
current and future demands for the sporting complex.
This replacement facility will consist of four change rooms, kitchen space, six unisex spectator
toilets, umpire/first aid room, storage area and large multi-purpose undercover area (including 2
pickleball courts). It is recommended to construct the entire facility in one contract to maximise
time and financial efficiencies.
The site is located at Noosa District Sports Complex, 31 Butler St, Tewantin, with road access from
McKinnon Drive (refer Figure 1).
Page 68 of 113
Section 69
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Figure 1. Site location
Noosa District Sports Complex is home to existing community groups who will continue to operate
during all stages of construction (with the nearest groups being the adjoining Car Club and Navy
Cadet Shed, Cricket fields and storage shed and the Netball Clubhouse and car parking).
Construction works will require the Contractor to ensure impacts to other community groups and
playing fields are mitigated via appropriately developed security and safety methodologies and a
detailed plan.
In accordance with Chapter 6, Part 3 of the Local Government Regulation and Council’s
Procurement Policy, Council invited written tenders for the design and construction of McKinnon
Drive Community Sports Facility Replacement and was issued as a lump sum contract.
Council invited written tenders via the Council VendorPanel e-portal on 28 July 2022, advertised
on Council’s webpage on 28 July 2022, and advertised the tender within the Noosa Today
publication on 5 August 2022, with responses closing on 23 August 2022.
Statistics generated from VendorPanel e-portal identified that 64 separate suppliers viewed the
ITT. One (1) response was received within the VendorPanel e-portal from Murphy Builders Qld Pty
Ltd.
The submission received was deemed a conforming tender after an initial compliance review to
ensure the response met the minimum tender requirements.
2. Tender Evaluation
The conforming tender was evaluated using Council’s Weighted Attribute Evaluation spreadsheet
against the following evaluation criteria and weightings:
Criteria Weighting
Price 30%
Capability & Resourcing 10%
Contract Experience & Capacity 10%
Financial Capability 5%
Management Systems 15%
Methodology 20%
Contribution to Local Economy 10%
The evaluation was conducted by the Evaluation Panel consisting of the following members of
staff:
• Building & Facilities Coordinator (Contract Administrator)
• Building & Facilities Officer
• Community Development Officer (Sport and Recreation)
• Workplace Health and Safety Advisor (Safety Only)
Page 69 of 113
Section 70
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Each member of the Evaluation Panel read and declared that they understood and accepted the
probity requirements, which includes a declaration of conflicts of interest and confidentiality.
Attachment 1 – Evaluation Spreadsheet presents the evaluation outcome of the conforming
submission against the above criteria.
A financial capability assessment was conducted by AEC Group on behalf of Council in accordance
with Council Financial Capability Assessment Guideline and Policy.
The tender evaluation panel completed the evaluation process and considered Murphy Builders
Qld Pty Ltd to be most advantageous to Council, presenting value for money. Council staff engaged
an independent reputable quantity surveyor, Whittaker and Associates, to provide a quantity survey
of the project which further evidenced value for money of the tender submission. Murphy Builders
Qld Pty Ltd.’s tender submission demonstrated the following:
• A high level of previous experience undertaking projects of similar size and scope;
• Provided a detailed design and construction methodology and programme which aligns to
the contract specifications;
• Adequately resourced;
• Certified Environmental Management System (ISO 14001:2015);
• Certified Quality Management system (ISO 9001:2015);
• Certified Workplace Health and Safety system (ISO 45001:2018);
• Comprehensive policies and procedures to manage safety, quality and environmental
impacts throughout the contract.
3. Next Steps
Once awarded, the design and construction of the McKinnon Drive Community Sports Facility
Replacement project will commence immediately with the aim to achieve practical completion
before 30th June 2023.
Previous Council Consideration
Nil
Finance
The current allocated budget for the design and construction of the McKinnon Drive Community
Sports Facility Replacement is sufficient to cater for the tender award. The below table provides a
high-level breakdown of the project costs including the tendered contract price.
Item Cost (GST Excl)
Contract Value as Tendered $1,871,877
Remaining Project Elements including Contingencies $1,956,000
The funding sources for the project are detailed in the table below.
Funding Source Amount (GST Excl)
Australia Cricket Infrastructure Fund $100,000
Local Government Grants and Subsidies Program $390,000
Building Better Regions Fund $250,000
SEQ COVID Stimulus Program $350,000
ZEN Initiative Funding (solar component) $56,000
Council Capital $810,000
Total Funding $1,956,000
Page 70 of 113
Section 71
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Risks & Opportunities
Finance Risks Mitigation
Unfunded scope increases Completed concept designs will mitigate scope
increases. A review period for detailed design is
provided in project methodology. Further project
scope increase will be mitigated through the project
working group and the Capital Works Project
Control Group and Capital Works Executive
meetings.
Material price increases Confirmation of validation of quote to 90 days. This
risk will be mitigated by the nominated contractor
procuring subcontracts as soon as possible. Given
the current period of material supply volatility
Council is at risk of price increases beyond what the
contractor could reasonably account for. This will be
managed through a thorough Superintendent
assessment of price changes.
Contingency amount being insufficient The project team will endeavour to achieve project
savings in the design development to offset any
unforeseen additional costs with further oversight
from the Capital Works Project Control Group and
Capital Works Executive meetings.
Contractor becomes insolvent Council has carried out a financial viability check on
the preferred contractor which proved acceptable.
Program Risks Mitigation
Delays due to wet weather. Extensions of time over and above those provided
in the tender are assessed by the Superintendent.
The project is commencing in a traditionally wet
period and the risk is considered medium-high.
Resource risk The contractor has nominated a capable and
experienced project team to undertake
construction. Council’s resources to the project will
be monitored by the Project Control Group and
Capital Works Executive due to the high volume of
work in the capital works program.
Construction takes longer than allowed for The contractor is well resourced and has the
available resources to deliver this project
successfully. The risk is mitigated through the
contract.
Grant funding bodies and Council will be consulted
with to manage any variations to agreements.
Lead time of materials pushing the program out Many associated risks are mitigated by ordering the
materials as soon as possible after the tender
award. The contractor is aware and will manage this
risk and work closely together with Council's project
team to minimise residual timing risk.
Safety Risks Mitigation
The Contractor fails to ensure the work is Prior to commencement of works, contractor will
conducted safely and in accordance with minimum ensure management plans, Safe Work Method
standards Statements, Job Hazard Analysis (or similar), and
other documentation are submitted, reviewed, and
accepted by Council.
Council will undertake surveillance, regular safety
audits and inspections throughout the construction
period.
Page 71 of 113
Section 72
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Environment Harm Risks Mitigation
Works impact on the environment The construction phase is considered a low risk due
to small site footprint. The contractor will have a site
environmental management plan to identify and
manage site specific risks.
Scope & Quality Risks Mitigation
Risk of not meeting project objectives Compliance with project objectives will be managed
through regular reviews of the contractor’s design
and construction by the Project Manager,
Superintendent and other project team members as
required.
Public Disruption Risks Mitigation
Traffic and pedestrian disruption The construction works will result in periodic
disruption to the surrounding area. Due to the
relatively small scale of the construction this will be
able to be managed through the contractor’s traffic
and pedestrian management plan which will be
reviewed and monitored by the Project manager
and Superintendent.
Communication issues Council’s internal Infrastructure Communications
and Consultation Officer is appointed to the project
to assist with any communication issues. Key
stakeholders and Sporting Complex user groups
will be kept informed of project progress by
Council’s Sports Liaison Officer.
Noise from plant and equipment may be a cause of This will be minimised by working during normal
disruption to residents. working hours where possible. There are no
residents adjacent to the construction site, with the
closest residential property approximately 150m
away.
Consultation
External Consultation - Community & Stakeholder
Funding partners’ progress reports will be completed as per each programs funding agreement.
User groups will be updated via the quarterly Sporting Complex User group meetings or more
frequently as required.
Internal Consultation
Corporate Services (Procurement, Finance, Property), Infrastructure Services (Building and
Facilities and Project Delivery), Community Services (Community Development, Community
Facilities) and Executive Services (People and Culture - Workplace Health & Safety).
Departments/Sections Consulted:
Chief Executive Officer X Community Services X Corporate Services
Executive Support Director Director
X Community Development Financial Services
X Community Facilities Fleet
Libraries & Galleries ICT
Local Laws X Procurement
Waste & Environmental Health Property
Revenue Services
X Executive Services Environment & Sustainable Development X Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
X People and Culture (Safety) Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 72 of 113
Section 73
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 73 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
ATTACHMENT 1 Final Evstustion
NOOSA SHIRE COUNCIL Weighted Attribute Evaluation Spreadsheet - Final Evaluation (V.14-Dec-2021)
comet simonetmnyeemenes atRimbwatteniming Ateraieteneees |i (Maen ialie AterGaresine Atettng | asin |
comet Raat Sate | em Rial Garecow seiing | casino |
‘Conforming and Alternate Tenders Only a 2 3 4 s 6 7 8 s 20
Australian Business Number (ABN) $3127 208 718
Name of Tenderer (Respondent) Murpihy Builders Qic
as per Respondent Details ABN Pty Ltd
Date of Submission (as per VendorPanel) 23-Aug-22
Business Registered Address (City/State Only) Mociociads Qjd 4557
Price (Excl GST) S$ 188251800 $ - I$ - |$ - |$ - |$ - |$ - |$ - |$ - |$ -
PART A - Non price elements 2 c
Pty itd
Evalustion Criteria Weighting (%) (Weigyiedicore (Weighted Score Weigrtes Score (Waigtted Score ‘Winighted Score Weigtted ico (Weighned Score “Weigytes Zesre (Wegttes Sose Welgrtes teore
(Capability, Resourcing, Contract
E ~ and © ~ 20% 16.00 0.00 0.00 o.oo 0.00 0.00 0.00 0.00 0.00 0.00
Financial Capability 3% 350 0.00 000 0.00 0.00 0.00 oo ooo ooo 0.00
Management Systems 15% 12.99 0.00 0.0 o.oo 0.00 0.00 0.00 0.00 0.00 0.00
Methodology 20% 18.00 0.00 0.00 o.oo 0.00 0.00 0.00 0.00 0.00 0.00
(Contribution to Local Economy 10% 7.50 0.00 00 0.00 0.00 0.00 oo 0.00 000 0.00
| Technical Score 70% 38.30 000 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00
Normalised Technical Score (Tn) 70.00
PART - Price et, (Beced on A "i ‘Murphy Qi
Pty ita
Fees (Pc) 30% $1,882,518.00
Price Score 100 o o o o o o o o o
Normalised Price Score (Pn) 100 o o oO o o o o o o
| Weighted Price Score (Pw) 30.00
Total Score of price and non price elements 100.00
[a
‘The Assessment Panel confirms the above scores and weighting: of this evelustion anc confirms the evaluation has Deen concuctes in accordance with the Procurement Pian
‘Assessment Panel Position Title Initials ‘Signature
Evaluation Panel Chair & Azzesment Panel Member 1 Chris Steet cs xs
Assesment Panel Member 2 Amanda Tre at x
Assesment Panel Member 3 Mark Morgan MM xs
Assesment Panel Member 4 Craig Hodgson cH x
Assesment Panel Member 5 x
‘TOOO07 1 - Weighted Anribute Evaluation Workbook (0. Master) Page 1 14/10/2022
Page 73 of 113Section 74
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
9 2022 FLOOD EVENT RECOVERY FUNDING UPDATE
Author Director, Larry Sengstock
Infrastructure Services Department
Index ECM/ Subject / Disaster Management / Recovery
Attachments Nil.
EXECUTIVE SUMMARY
This Report provides an update on the financial progress of the funding sourced from the Disaster
Recovery Funding Arrangements (DRFA) administered by the Queensland Reconstruction
Authority (QRA) and funding by the State and Federal Governments.
The report provides and overview of the projects, the funding that is being sought to reconstruct
essential assets within the Shire along with a high level update on the status.
Council are seeking funding to reconstruct essential assets in the amount of $44.751 million with
a plan to meet the DRFA deadline finish date of June 30 2024.
RECOMMENDATION
That Council note the report by the Director Infrastructure Services to the General Committee
Meeting dated 24 October 2022 including;
A. providing an update on the financial progress of the reconstruction of essential assets
damaged during the 2022 flooding events in Noosa and;
B. Authorise the Chief Executive Officer to proceed with the necessary funding applications to
the Queensland Reconstruction Authority
REPORT
This report outlines the work resulting from the flooding event the shire experienced on 22 February
where intense rainfall fell over a thirteen (13) day period. Whilst the significant event impacted
properties, business and the local environment, this report focuses on the reconstruction of
essential assets (REPA) which is defined in the DRFA.
It is important to note that whilst this is asset and infrastructure focused, Council continues to work
with the community providing assistance in a variety of ways. The work supporting the community
in this way is not noted in this report.
1. Background
On 22 February 2022, a weather event resulted in intense rainfall which continued for 13 days.
The resulting floods impacted properties, public assets, critical assets, businesses, local
environment and the community. Noosa Shire Council opted to trigger an activation to access
support via the Disaster Recovery Funding Arrangements (DRFA) which is the jointly funded
program between the Australian and State Governments. In Queensland, the Queensland
Reconstruction Authority (QRA) is the agency administering the majority of grants supporting
Council’s with recovery costs associated with disaster. These funding mechanisms are phased to
provide financial assistance at different stages during recovery.
Page 74 of 113
Section 75
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
2. Reconstruction Plans
Funding Source Application Amount
Status
a. Counter Disaster Operations – at the time of disaster
Provides support for setting up disaster evacuation sites, supporting Assessment $202,535
residents with equipment such as sandbags, closing roads for road
safety and cleaning up where possible.
b. Emergency works – soon after the event
Focuses on the necessary remediation of essential assets such as Assessment $304,336
roads, waterway crossings and footpaths. For Council this was mainly
the repair of potholes and regrading unsealed roads.
c. Reconstruction of Essential Public Assets (REPA)
The remaining program of work that needs to be carried out. This work is the technically more
difficult, more resource intensive and more costly. Currently, 6 groups of projects have been
identified which are estimated to be worth $44.75m. This does not include the additional supporting
costs of project management and contingency costs.
i. One Major Landslide (Black Mountain Road) Pre-approval – $25M
o Construction expected to be finished by June 2024. based on
o Due to the value additional approval process at a Federal estimated
level will be needed. This step has been considered in the value
timing plan.
Project Status: Final Design sourcing is in progress and based
on this the next step is to obtain QRA approval via a market
tender.
ii. Ten landslips of high priority Assessment $3.26M
Black Mountain Road, Black Pinch Road, Musa Vale Road &
Weyba Esplanade as well as the work started at Sorbraon Street
(this includes betterment funding)
o Targeted for reconstruction in early 2023.
Project Status: Final Design sourcing is in progress and based
on this the next step is to obtain QRA approval via a market
tender.
iii. Further 18 landslips at various locations Development – $2.33M
o Reconstruction in the second half of 2023 – early 2024. for submission
o Funding Status: submission is in development for lodgement October 2022
in October 2022
Project Status: The final design is progressing and the plan is to
go to market via a tender in Q1 2023.
iv. Schreibers Road, Cooran Development $6M
A roadway over a waterway was damaged which has some
complex water pipe infrastructure. Staff are working on a plan to
rebuild a more resilient road. There are also plans in progress to
undertake interim works to protect the asset during the coming
storm season.
o Timing is to be determined based further stakeholder
approval.
o Prior to lodgement of application, QRA is pre-assessing the
betterment value needed for the intended design to protect
the water main.
Project Status: The design options are currently being
developed with input from the Water Utility Owner prior to further
submission to QRA.
Page 75 of 113
Section 76
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Funding Source Application Amount
Status
v. Golden Gully Road, Kin Kin Assessment $1M
Some reconstruction of section over waterways required.
Conditions of the grant required the road to be built to current
standards so these will be upgraded to meet with Department of
Agriculture and Fisheries requirements. Reconstruction planned
mid 2023.
Project Status: The final design is progressing and the plan is to
go to market via a tender in Q1 2023
vi. There are 75 roads that have been assessed as requiring some Assessment $2.14M
reconstruction and staff are determining the best undertake
complementary works to provide improved outcomes for the
roads for the community. Construction to proceed over the entire
2023 year.
Project Status: The most appropriate plan and capacity for
delivery are being reviewed. This will determine what work will
require outsourcing.
d. Other grants
Further grant funding is available to support the efforts of recovery from the floods. These grants are
focused on supporting recovery and resilience. The current grants that Council have been engaged in
are:
i. Clean Up Grant Development $100,000
o This supports the cost recovery of items not included in the to
REPA guidelines such as pontoon removal and polystyrene $120,000
clean-up.
o This is still in development but it is expected to recover cost
of $100k - $120k
ii. Community and Recreation Grants Assessment $4.62M
This includes reconstruction of Trail 4 (Black Pinch Rd), Boreen
Point Foreshore and investigation of Fire Trails.
iii. Community Development Grants Approved $535,334
Noosa has been granted funds to engage a Community Recovery
and Resilience Officer on a 2-year contract to support
communities directly affected by the floods. This figure includes
funding for engagement activities over the 2-years.
There are further grants that Council are pursuing such as Flexible Funding, Flood Risk
Management and Small Business recovery and resilience grants.
Previous Council Consideration
Nil
Finance
There has been one direct cost impact of $2,480 to date for the sensor equipment to Andersons
Road temporary road. This cost does not meet the REPA guidelines for flood recovery.
All other work to date is deemed as costs that are within the DRFA guidelines and will be funded,
to date $1.4M. This work encompasses the essential engineering and surveying work to develop
plans for reconstruction of assets.
Page 76 of 113
Section 77
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Weekly inspections and maintenance on Black Mountain Road, Andersons Road and Middle Creek
Road are being managed within the Civil Operations budget.
Risks & Opportunities
Opportunities
Noosa has developed a program of works quite rapidly thanks to the services of local project
management engineers, geotechnical engineers and surveyors. Additionally, bringing forward the
re-sheeting of Middle Creek Road, which is funded through a pre-existing Federal Government
grant, will reduce the increased maintenance costs due to increased road usage as a result of the
Black Mountain Road Landslide.
Risks
The current program does not forecast any direct financial risks to Council with staff continuing to
manage/mitigate risks to the program of work such as:
• Further forecasted weather impacts in January
• Supply chain issues for material
• Labour shortages internally and within the industry and suppliers.
Consultation
External Consultation - Community & Stakeholder
The project team and supporting Council departments continue to work with council.
See the Key Stakeholder Map below for more detail:
Affected
communities Emergency Local
QRA/NEMA
(BMR, BPR, Services Businesses
LEE)
Shire
Council Local MP’s
residents
Internal Consultation
• Procurement to ensure value for money outcomes and probity compliance
• Environment & Sustainable Development for guidance on areas such as waterway
management of tree offset planting
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services Environment & Sustainable Development X Infrastructure Services
Director Director X Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 77 of 113
Section 78
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
10 COMMUNITY DISASTER RESPONSE AND RECOVERY GRANT
Author Community Development Manager, Alison Hamblin
Community Services Department
Index ECM/18.15 Disaster Recovery/18.03 Community Resilience
Attachments Nil
EXECUTIVE SUMMARY
As part of the mental health support package for flood affected Australians announced on 9 March
2022, Noosa Council received $75,000 from the Public Health Network (PHN) to support
communities to recover and build resilience because of the severe weather and flooding event
across Southeast Queensland and New South Wales. PHN have been contracted to distribute the
funds on behalf of the Commonwealth Government.
With local governments best placed to respond to community need regarding disaster and flood
recovery, PHN approached Noosa Council to administer and deliver the Community Disaster
Response and Recovery Grant.
The purpose of this report is to provide background information and an overview of the Community
Disaster Response and Recovery Grant. The grant recommendations are being presented to
Council for its consideration and endorsement at the October round of meetings.
RECOMMENDATION
That Council note the report by the Community Development Manager to the General Committee
Meeting dated 24 October 2022 and approve Pomona and District Community House funding to
the value of $60,000 from the Disaster Response and Recovery grant to employ a part time social
worker until December 2023.
REPORT
Noosa Council in partnership with PHN sought applications from eligible organisations who were
able to employ a social worker to help people who are in crisis and need support as a result from
the recent disaster events. The maximum Community Disaster Response and Recovery grant was
$60,000.
The objectives of the Community Disaster Response and Recovery Program was to:
(a) allow communities the opportunity to choose their response to the loss, anxiety and distress
experienced as a result of severe weather and flooding events;
(b) promote wellbeing and healing among community; and
(c) strengthen social connectedness and assist communities with the recovery process.
Applicants had to specify:
• The community need to be addressed (what will your project achieve)
• Intended reach of Grant activity (i.e. estimated number of people to be impacted by Grant
activity)
• Anticipated impact of proposed Grant activity
One application was received – Pomona and District Community House (PCH). As part of their
application, PCH has clearly identified the need for a Social Worker to support Pomona and
surrounding communities impacted by the recent flood events.
Page 78 of 113
Section 79
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
PCH has sound knowledge and experience in supporting local communities impacted by disasters,
in particular flooding. PCH provided significant support and acted as a recovery centre for Noosa
Council, Centrelink, SES and Australian Red Cross in the Feb/March 2022 floods. During May
2022 PCH also supported communities affected by flooding, providing emergency shelter,
showers, and meals. PCH has good relationships with a broad range of support organisations,
Noosa Council, and key stakeholders in the community. PCH is also a member of the Northern
Sunshine Coast Social Services Network, Noosa Local Disaster Management Group,
Neighbourhood Centres Qld and Noosa Housing Stakeholders Reference Group.
The PCH social worker will:
• Respond to each communities’ local needs, support the development of relevant activities
(e.g., social groups, drop-in service) to the benefit of community members well-being and
social connectedness;
• Strengthen connectedness between the Hinterland communities. Broadening PCH reach to
support the surrounding Hinterland communities by having a regular presence in these
communities;
• Provide skills development to maintain good mental health for all;
• Build individual and community knowledge for dealing with disaster, to build resilience;
• Support in navigating services and funding available for those affected by the recent floods;
• Connect those requiring support to relevant information, resources and/or services; and
• Increase the profile of Pomona & District Community House to ensure new and current
community members are aware of the support PCH can offer.
Previous Council Consideration
Nil
Finance
Nil. The project is fully funded from the Commonwealth Government with $60,000 allocated to the
grant pool and $15,000 allocated to Council to administer the grants program.
Risks & Opportunities
There is limited risk with this project. Importantly, it provides the opportunity to deliver additional,
much needed mental health support services for flood impacted residents.
As per our Council grants policy, all grants go through an acquittal process whereby the applicant
reports on the funded project’s delivery.
The successful applicant will be required to:
• Enter into a funding agreement with Council
• Provide Council with a tax invoice for approved grant funding
• Provide Council with a copy of insurance cover
• Complete a Progress Report and Final Acquittal report
• Provide photographic evidence of project completion that can also be used for promotional
use Acknowledge funding bodies as specified in the funding agreement
The successful organisation will also work in partnership with Council’s Cat. C Community
Development Officer (Flood Recovery and Resilience) once appointed.
Page 79 of 113
Section 80
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Consultation
External Consultation - Community & Stakeholder
To effectively determine community need, consultation with the Northern Sunshine Coast Social
Services Network has occurred. Organisations involved in flood recovery advised that an
additional resource by means of a qualified social worker is required to support affected Noosa
Hinterland residents.
The Community Disaster Response and Recovery Grant was advertised in local media, e-
newsletters and through community networks.
Internal Consultation
This report has been developed in consultation with staff across Council including representatives
from the following areas:
• Community Development
• Financial Services
• Executive Services
• Executive Team
Departments/Sections Consulted:
x Chief Executive Officer x Community Services x Corporate Services
x Executive Support x Director x Director
x Community Development x Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
x Executive Services x Environment & Sustainable Development x Infrastructure Services
x Director x Director x Director
x Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
x Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 80 of 113
Section 81
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
11 ORGANISATIONAL ESTABLISHMENT
Author Director Executive Services, Debra Iezzi
Executive Services Department
Index ECM/ Council Meetings
Attachments 1. Proposed Organisational Structure
2. Long Term Temporary Project Positions (including positions
recommended for permanency) all departments.
3. Creation of Permanent Positions, Community Services Department
EXECUTIVE SUMMARY
The organisational establishment and status of long-term temporary project positions is regularly
reported to Council as part of the annual budget adoption and mid-year.
The purpose of this report to inform Council of recommended changes to the organisational
structure which if adopted will increase the number of permanent Full Time Equivalent (FTE)
positions by 21.2 from 394.91 to 416.11.
These recommended changes relate to:
• The review of long-term temporary project positions resulting in the conversion of 21
temporary roles to permanent roles which will increase the permanent FTE by 20.2
• The creation of two new permanent full-time positions in the Development Assessment
Branch and the ICT Branch
• The creation of two new long-term temporary project positions in the Community
Development Branch and the Development Assessment Branch.
• The review of casual positions within Community Facilities i.e., Noosa Leisure Centre, Noosa
Aquatic Centre and Noosa Community Support resulting in the creation of 20 permanent
roles and the conversion of an equivalent FTE of casual positions. These changes will not
increase the permanent FTE as the casual positions have ongoing funding and a
proportionate FTE in the permanent establishment.
• The review of casual Customer Service Officer positions in the Customer Service Branch
which recommends the increase the existing hours of 2 permanent part time positions in lieu
of the casual FTE provision. These changes will not increase the permanent FTE of the
branch as the casual positions have ongoing funding and a proportionate FTE in the
permanent establishment.
• Structural changes within the Infrastructure Services Department including:
o The redesignation of the Civil Operations Branch to Civil and Asset Operations.
o The transfer of the Asset Management function into Civil Operations.
o The abolishment of two vacant positions in the Asset Management function.
o The creation of the new position of Roads Infrastructure Coordinator (Civil Operations).
o The change in reporting lines of administrative positions within the department to report
to the Administration and Disaster Management Support Officer in the Director’s Office.
• The transfer of the permanent full-time position of People and Culture Systems Officer,
People and Culture Branch to the ICT Branch.
RECOMMENDATION
That Council note the report by the Director Executive Services to the General Committee Meeting
dated 24 October 2022 and adopt the Noosa Council organisational structure as set out in
Attachment 1 to the report.
Page 81 of 113
Section 82
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
REPORT
The proposed organisational structure (refer Attachment 1) identifies current Full Time Equivalent
(FTE) positions for each Department and Branch. The FTE is used as a unit of measure which
shows how many total full-time employees or part time employees add up to a full-time position.
Once adopted by Council it cannot be changed without a Council resolution. The detailed
structures within branches can be amended by the CEO provided the total permanent FTE is not
changed. This gives management the flexibility to fine tune the detailed structure depending on
operational requirements.
The last review of the organisational structure was reported to the Council Special Meeting on 28
June 2022. At that time there was an increase in the permanent establishment from 386.71 to
394.91 or 8.2 FTE.
This report recommends an increase in the permanent organisational establishment of Council
from 394.91 to 416.11 FTE (an increase of 21.2 FTE) because of:
• The review of long-standing temporary project positions and casual positions resulting in the
conversion of 21 temporary and casual positions to permanent.
• The creation three new permanent positions in the ICT Branch, Development Assessment
Branch and the Asset and Civil Operations Branch.
• The review of casual positions in the Noosa Aquatic Centre, Noosa Leisure Centre, Noosa
Community Support and Customer Service Branch.
• The restructure of the Civil Operations Branch to incorporate the Asset Management function
and the abolishment of two positions in the Asset Management function.
• The transfer of the position of People and Culture Systems Officer, People and Culture
Branch to the ICT Branch.
Details of the recommended changes follow.
Review of Existing Temporary Project Positions
The review of long-standing temporary and casual project positions identified 21 positions (or 20.2
FTE) for which there is an ongoing operational need beyond their project terms. Many of these
positions have been extended more than once to support the delivery of council services, progress
the implementation of Council strategies and to meet consistently high workloads. These positions
are marked “convert to permanent” in Attachment 2. As a result, the permanent establishment
of the relevant branches and departments will increase by 20.2 FTE. The remaining 37 long
standing temporary positions will remain on the basis that their terms will end at the completion of
projects or the fulfilment of grant obligations and completion of capital projects. The positions will
continue to be monitored by the Executive Team and reported to Council twice yearly.
New Permanent Positions
The creation of two new permanent full-time positions in the ICT Branch and Development
Assessment Branch is recommended which will increase the permanent establishment of the
branches and departments by 2 FTE. The purposes of these positions and funding sources are
identified in the following Table.
Dept Branch Position Comments
Corp ICT Business Process Purpose – to support the modernisation and
Serv Improvement Advisor transformation of Council’s systems and
processes to be efficient and effective.
Permanent full time, funded from savings from
various existing position vacancies for 2022/23
year. The additional position will require
additional general revenue budget funding for
the 2023/24 financial year.
Page 82 of 113
Section 83
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
E&SD Development Systems Administrations Purpose - to increase the branch’s capacity to
Assessment Officer enable identified improvements to be
addressed.
Permanent full time, funded from savings from
various existing position vacancies for the 22/23
year. The additional position will require
additional general revenue budget funding for
the 2023/24 financial year offset by fees and
charges revenue.
New Long Term Temporary Project Positions
The creation of two new long-term temporary project positions in the Development Assessment
Branch and the Community Development Branch is recommended. The positions will not increase
the permanent establishment. The purposes of these positions and funding sources are identified
in the following Table, they are also included in Attachment 2. The status of these positions will
be updated in the twice-yearly establishment reports to Council.
Dept Branch Position Comments
Com Community Disaster Recovery Officer Purpose - to build community resilience and
Serv Development preparedness for natural disasters. Temporary
full time, 2-year term, funded from the Disaster
Recovery Relief (Floods) Grant
E&SD Development Project Officer Purpose - to identify and assist in improving
Assessment business systems and processes within the
branch.
Temporary full time, 12-month term, funded
from existing 22/23 branch salaries budget
and 23/24 DA fees and charges revenue.
Review of community facilities resulting in the creation of permanent roles in substitution for
casuals (Noosa Aquatic Centre, Noosa Leisure Centre and Noosa Community Support) and the
transfer of the position of Community Development Officer Sport and Recreation to Facilities
Management
The review of the operations of community facilities including the Noosa Aquatic Centre, Noosa
Leisure Centre and Community Facilities Management has identified the need to stabilise various
roles being undertaken by casual employees to better support business operations and provide
greater employment security. The proposed changes detailed in Attachment 3 will result in the
creation of 20 permanent roles. There will be no impact on the permanent establishment of the
department as the creation of these roles will be offset by a reduction in the permanent salary
provision for casuals which have ongoing funding and a proportionate FTE in the permanent
establishment.
In addition, the position of Community Development Officer Sport and Recreation has been
transferred from the Community Development Branch to Facilities Management.
Review of casual positions Customer Services Branch
The review of casual Customer Service Officer positions in the Customer Service Branch identified
the need to increase the hours of 2 permanent part time positions to better meet operational needs
and rostering arrangements. There will be no impact on the permanent establishment of the
department as the creation of these roles will be offset by a reduction in the permanent salary
provision for casuals which have ongoing funding and a proportionate FTE in the permanent
establishment.
Page 83 of 113
Section 84
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Structural Changes in the Infrastructure Services Department
As a result of the review of the Civil Operations Branch the following changes to the organisational
structure are recommended:
• The redesignation of the Civil Operations Branch to Civil and Asset Operations.
• The transfer of the Asset Management function to the Civil and Asset Operations Branch.
• The abolishment of the two vacant positions of Asset Planning Co-ordinator (Asset
Management) and Asset Planning Manager because of the rationalisation of asset
management and its incorporation into civil operations, resulting in a decrease of 2 FTE.
• The creation of a new permanent full-time position of Roads Infrastructure Co-ordinator (Civil
Operations) resulting in an increase of 1 FTE.
• The change in reporting arrangements for administrative positions within the Infrastructure
Services Department to report to the Administration and Disaster Management Support
Officer in the Director’s Office.
People and Culture Branch
The transfer of the permanent full-time position of Project Officer, People and Culture Systems to
the ICT Branch, Corporate Services Department to increase connectivity for the position with ICT
and further advance P&C systems development.
Previous Council Consideration
Special Meeting 28 June 2022 Item 7, page 10
That Council note the report by the Director Executive Services to the Special Meeting dated 28
June 2022 and adopt the Noosa Council Organisational Structure as set out in Attachment 1 to the
report.
Finance
The proposed changes to the organisational structure for temporary positions converted to
permanent will be funded on the following basis:
• 2022/23 budget: No implication as these positions are already identified in the budget and
funded from existing revenue sources
• 2023/24 Budget Onward: No additional revenue and funding implications as these positions
are already funded. The conversion to permanent also in turn permanently allocates the
funding to these positions and cannot be reallocated to other projects.
The proposed changes to the organisational structure for new positions (both temporary and
permanent) will be funded on the following basis:
• 2022/23 budget: No implication as savings from existing vacant positions will be utilised.
• 2023/24 Budget Onward: New positions supporting fee generating activities will be funded
through a review of fees and charges, with all other new positions funded through General
Rates.
Risks & Opportunities
Temporary maximum term positions provide flexibility for Council particularly in the delivery of
significant projects which require specialised skills and experience. Casual employment also
provides flexibility for Council, especially for service areas where resourcing requirements vary
depending on the demand for Council services and from season to season.
The review of longstanding temporary and casual positions was undertaken in consideration of:
• The ongoing business need and continuity of the role.
• The terms of the positions and periods of extensions.
Page 84 of 113
Section 85
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
• Workloads and operational efficiency and effectiveness.
• Employees’ patterns of employment and Council’s obligations under Clause 20 of the Noosa
Council Certified Agreement relating to the conversion of temporary and casual positions.
• The retention of talented staff especially in a highly competitive labour market.
While temporary positions provide flexibility for Council particularly in the delivery of significant
projects where specialised skills and experience is required, the salary costs of these positions
require management oversight. The continuation of existing temporary project positions and the
creation of new permanent positions are reviewed in the budget development and approval
process.
A review of long-term temporary positions will continue be undertaken twice yearly.
There are no redundancies proposed. The process to finalise the proposed structural changes will
be undertaken by the People and Culture Branch subject to Council adoption.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
The Executive Team has reviewed all long standing temporary and casual positions.
Departments/Sections Consulted:
X Chief Executive Officer X Community Services X Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
X Executive Services X Environment & Sustainable Development X Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Page 85 of 113
Section 86
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 86 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
ATTACHMENT 1 Functions
TOTAL FTE —- 416.11
——, (—
[ Intemal Audit Chief Executive
WY
. Officer
( CEO's Office 4FTE
\ 2 FTE ) KO
eR (fp Environment and oT Cs
infrastructure Executive Services Sustainable Community Services Corporate Services
427.7 FTE 34.11 FTE Development 130.4 FTE 64.2 FTE
\ . 5 \ \ 66.7 FTE " \ }
SY a ay \. A} \ A) SS /
e Infrastructure Planning, e People and Culture e Environmental Services e Waste and Environmental e Property
Design and Delivery ¢ Governance ¢ Strategic Land Use Health ¢ Financial Services
¢ Buildings and Facilities ¢ Customer Service Planning « Local Laws e Revenue Services
e Civil and Asset e¢ Community Engagement ¢ Economic Development ¢ Community Facilities ¢ ICT
Operations ¢ Development ¢ Community Development ¢ Procurement
¢ Strategic Projects Assessment e Libraries and Galleries e Fleet
¢ Building and Plumbing
Note — Fixed term appointments approved by Council are not included within the FTE totals as shown on this structure.
Further details are available on the individual branch/team structures.
Page 86 of 113Section 87
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 87 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Community Services
DIRECTOR Administrative
COMMUNITY SERVICES Support
\ 1 FTE } PIE
Waste and Local Laws Community Facilities Community Libraries and Galleries
Environmental Health 12.7 FTE Management Development Management
21.85 FTE . 44FTE 5.2 FTE 2.ETE
Noosa Aquatic Centre} | Noosa Leisure Centre aoe | oe. Libraries Art Gallery
19.03 FTE 8.94 FTE 46FTE 20.27 FTE 24.71 FTE 4.7 FTE
Note — Fixed term appointments approved by Council are not included within the FTE totals as shown on this structure.
Further details are available on the individual branch/team structures. Total FTE: 130.4
Page 87 of 113Section 88
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Page 88 of 113
GENERAL COMMITTEE MEETING AGENDA 24 OCTOBER 2022
Corporate Services
a
DIRECTOR | Administrative
CORPORATE SERVICES | Support
| 2 FTE J) O6FTE
Froperty ; Financial Services Revenue Services ICT Procurement Fleet
a 11.4 FTE 6.5FTE 17.5 FTE 5.2 FTE 4FTE
Note — Fixed term appointments approved by Council are not included within the FTE totals as shown on this structure.
Further details are available on the individual branch’team structures. Total FTE: 54.2
ota = a
Page 88 of 113The text continues on section 89.