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2022-04-19 General Committee Meeting Minutes

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                       MINUTES


         General Committee
              Meeting


               Tuesday, 19 April 2022

                                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”
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Section 2

GENERAL COMMITTEE MEETING MINUTES                                        19 APRIL 2022



1.   ATTENDANCE & APOLOGIES

     Cr Frank Wilkie (Chair)
     Cr Karen Finzel
     Cr Joe Jurisevic
     Cr Amelia Lorentson
     Cr Clare Stewart
     Cr Brian Stockwell
     Cr Tom Wegener

     EXECUTIVE
     S Waters Chief Executive Officer
     L Jensen, Acting Director Environment & Sustainable Development
     T Grauf, Acting Director Corporate Services

     APOLOGIES
     Nil.




     The meeting commenced at 10.00am.




2.   CONFIRMATION OF MINUTES
     Committee Resolution
     Moved:          Cr Stewart
     Seconded:       Cr Finzel
     The Minutes of the General Committee Meeting held on 14 March 2022 be received and
     confirmed.
                                                                  Carried unanimously.




3.   PRESENTATIONS

     Nil.




4.   DEPUTATIONS

     Nil.




                                                                           Page 2 of 39

Section 3

GENERAL COMMITTEE MEETING MINUTES                                                             19 APRIL 2022


5.   ITEMS REFERRED FROM COMMITTEES


PLANNING & ENVIRONMENT COMMITTEE


1    MCU21/0194 APPLICATION FOR MATERIAL CHANGE OF USE FOR ROADSIDE STALL
     AT 201 MARY RIVER ROAD, COOROY
     Refer to Further Report at Item 7.


2    51901.4116.01 - MINOR CHANGE TO AN EXISTING APPROVAL FOR (DUAL
     OCCUPANCY) AT 1/22 & 2/22 KINGFISHER DR PEREGIAN BEACH
     In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following
     declaration to the meeting of a declarable conflict of interest in this matter:
     I, Cr Wilkie, inform the meeting that I have a declarable conflict of interest in this matter in relation to
     the application in Item 5 – 51901.4116.01 as the applicants, Sharon and Morrie Barnes were on my
     list of campaign volunteers for the 2020 LG Elections. I choose to remain in the meeting room.
     However, I will respect the decision of the meeting on whether I can remain and participate in the
     decision.
     Committee Resolution
     Moved:              Cr Stockwell
     Seconded:           Cr Jurisevic
     That Cr Lorentson be appointed as Acting Chairperson of the meeting for this item for the purpose of
     considering the conflict of interest declaration by Cr Wilkie.
                                                                                        Carried unanimously.
     Cr Wilkie did not vote on the above motion

     Committee Resolution
     Moved:             Cr Stockwell
     Seconded:          Cr Wegener
     That Council note the declarable conflict of interest by Cr Wilkie and determine that it is in the public
     interest that Cr Wilkie participates and votes on this matter because Council believes that he does not
     stand to receive a personal benefit or loss in relation to this matter and do not have a close personal
     relationship with Sharon and Morrie Barnes and therefore a reasonable person would trust that the
     final decision is made in the public interest.
     For:         Crs Stewart, Stockwell, Finzel, Wegener and Lorentson
     Against:     Cr Jurisevic
                                                                                                       Carried.
     Cr Wilkie did not vote on the above motion.

     Cr Wilkie resumed the Chair.




                                                                                                 Page 3 of 39

Section 4

GENERAL COMMITTEE MEETING MINUTES                                                   19 APRIL 2022


    The following material was presented to the meeting in relation to this item:
         Cr Lorentson – refer to Attachment 1

    Motion
    Moved:          Cr Lorentson
    Seconded:       Cr Stewart
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 12 April 2022 regarding Application No. 51901.4116.01 to make a
    minor change to an existing approval for a Dual Occupancy at Brolga Place 1/22 & 2/22
    Kingfisher Dr Peregian Beach and request a further report for the Ordinary Meeting providing
    an alternative motion for approval.:
    A.   Refuse the change for the following reasons:
               1. The proposal does not comply with Overall Outcome 2 (c), Performance
               outcomes PO9, PO10, PO11, PO12 and PO14 of the Medium Density
               Residential Zone code in Noosa Plan 2020 as the proposed changes will:
                      a.   Exceed the maximum site cover and gross floor area sought for the
                           area;
                      b.   Contribute to the buildings bulk and scale, are not compatible with
                           the site’s small area and will dominates the streetscape; and
                      c.   Reduce the extent of landscape area provided for the site.
               2.     The proposal does not comply with Acceptable outcome AO12.1 and
                      corresponding Performance outcome PO12 (a) and (f) of the Medium
                      Density Residential Zone code in Noosa Plan, as the proposed setback to
                      the front boundary will:
                      a.   Bring the existing deck further forward of the adjoining premises (20
                           Kingfisher Dr) affecting their amenity; and
                      a.    Not be consistent with the predominant character of the streetscape.
               3.     The proposal is contrary to the Overall outcome (2) (b) and (c) and
                      Performance Outcomes PO4 & PO10 (b), & (e) of the Dual Occupancy and
                      Multiple Dwelling Code in Noosa Plan 2020 as:
                      a.   The existing building is of a bulk and scale that is not consistent with
                           the existing character sought for the area and the proposed changes
                           will contribute additional bulk and scale;
                      b.   The development does not contribute to the streetscape as the
                           proposed changes will encroach further into the front setback; and
                      c.   The proposed changes will reduce the extent of, and opportunities
                           for landscape areas on site.
    B. Note the report is provided in accordance with Section 63(5) of the Planning Act
       2016.
                                                                         Lost unanimously.
   Committee Recommendation
   Moved:           Cr Stockwell
   Seconded:        Cr Lorentson
   That the General Committee Agenda Item 2 be deferred to the Ordinary Meeting.
                                                                          Carried unanimously.


                                                                                     Page 4 of 39

Section 5

GENERAL COMMITTEE MEETING MINUTES                                                     19 APRIL 2022


3   MCU21/0083 - APPLICATION FOR A MATERIAL CHANGE OF USE – MULTIPLE
    DWELLINGS (8 X DWELLING UNITS) AT 25 AND 27 TOOLAR STREET, TEWANTIN
    Committee Recommendation
    Moved:           Cr Wilkie
    Seconded:        Cr Lorentson
    That Council note the report by the Project Coordinator Planning to the Planning &
    Environment Committee Meeting dated 12 April 2022 regarding, Application No.
    MCU21/0083 for a Development Permit for Material Change of Use - Multiple dwelling,
    situated at 25 & 27 Toolar St Tewantin and note that the applicant has stopped the decision
    period pursuant to the Planning Act 2016:
    :A.          Refuse the application for the following reasons:
            1.     The proposal results in a development that does not comply with the following
                   provisions of the Medium Residential Zone Code:
                   a.    Overall Outcome 6.3.2.2 (2) (c) as the scale and form of the proposed
                         development is not in keeping with the surrounding streetscape and
                         development.
                   b.    Acceptable Outcome AO12.1 and AO12.2 and Performance Outcomes
                         PO2, PO9, PO10, PO11, PO12 as:
                         i.     the proposal exceeds the maximum site cover and plot ratio sought
                                for the Medium Residential Zone and proposes insufficient front
                                setbacks
                         ii.    will be imposing on the neighbouring properties and visually
                                dominate the street;
                         iii.   will not be compatible with the scale of development in the
                                surrounding area;
                         iv.    will present excessive building bulk to adjacent and surrounding
                                properties, and the street;
                         v.     will not be in keeping with the character of the surrounding area;
                         vi.    will not be in keeping with the medium density residential amenity;
                                and
                         vii.   does not allow for sufficient landscaping and spacing between the
                                proposed building and the front boundary.
            2.     The proposal results in development that does not comply with the following
                   provisions of the Dual Occupancy and Multiple Dwelling Code:
                   a.    Overall Outcome 9.3.3.2 (2) (b) & (c) as the proposal exceeds the bulk and
                         scale of surrounding development, will not integrate with the surrounding
                         development and is inconsistent with the developed character of the
                         neighbourhood.
                   b.    Acceptable Outcome 10.1 and Performance Outcome PO10 as the
                         proposal does not provide sufficient landscaped areas and will not
                         effectively visually soften or reduce the bulk and scale of development.
    B.           Note the report is provided in accordance with Section 63(5) of the Planning Act
    2016.
                                                                              Carried unanimously.




                                                                                        Page 5 of 39

Section 6

GENERAL COMMITTEE MEETING MINUTES                                                   19 APRIL 2022


4   MCU17/0076.01 – APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT
    APPROVAL FOR MULTIPLE HOUSING TYPE 2 DUPLEX TO INCLUDE SHORT-TERM
    ACCOMMODATION & OPERATIONAL WORKS AT 1/25 EDWARD STREET,
    NOOSAVILLE
    Committee Recommendation
    Moved:           Cr Jurisevic
    Seconded:        Cr Wegener
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 12 April 2022 regarding Application No. MCU17/0076.01 and
    OPW17/0224.01 for an Other Change to a Development Permit for Material Change of Use
    – Multiple Housing Type 2 Duplex & Short-term accommodation & Operational Works,
    situated at 1/25 Edward St Noosaville and:
    A.   Refuse the application for the following reasons:
         1.     The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the
                community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will
                further erode the permanent housing in the area, impacting permanent resident
                amenity.
         2.     The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a)
                and (h) of the Medium Density Residential Zone Code as:
                a.    The proposal is located in an area that has a substantial number of
                      properties being used for visitor accommodation and/or properties
                      permitted for visitor accommodation. The introduction of additional short-
                      term accommodation within a duplex is not consistent with the purpose of
                      the zone.
                b.    The proposal seeks to establish a new short-term visitor accommodation
                      facility within a recently approved dual occupancy and is not located within
                      a well-established resort or holiday units.
         3.     The proposal is not consistent with 7.2.4.2 Purpose and Overall Outcomes (2)(t)
                and Performance Outcome PO21 of the Noosaville Local Plan Code as:
                a.    Additional visitor accommodation in the area is likely to result in detrimental
                      impacts on the residential amenity of permanent residents.
                b.    While the code seeks to maintain visitor accommodation in the area, it does
                      not seek to increase the extent of visitor accommodation within the area to
                      the detriment of permanent residents.
         4.     The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1)
                and (2)(f) of the Visitor Accommodation Code as:
                a.    The proposed visitor accommodation is not appropriately located and
                      integrated with permanent residents in the area given the number and
                      density of properties currently being used for visitor accommodation and/or
                      permitted for visitor accommodation.
                b.    The proposed visitor accommodation is likely to detract from the amenity
                      enjoyed by residents.
         5.     There is no need for additional short-term accommodation in the area.
         6.     The proposal does not comply with Performance Outcome PO12 of the Visitor
                Accommodation Code and Performance Outcome PO6 of the Driveway and
                Parking Code as insufficient car parking is proposed on site to address the likely
                parking demands on site.
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.



                                                                                      Page 6 of 39

Section 7

GENERAL COMMITTEE MEETING MINUTES                                                   19 APRIL 2022


    For:        Crs Stockwell, Wegener, Wilkie and Jurisevic
    Against:    Crs Lorentson, Stewart and Finzel
                                                                                          Carried.




5   OPW21/0133 – APPLICATION FOR OPERATIONAL WORK (PRESCRIBED TIDAL
    WORKS) AT 10-12 RAVENWOOD DRIVE NOOSA HEADS
    The following material was presented to the meeting in relation to this item:
         Excerpt from SARA response refer to Attachment 2

    Committee Recommendation
    Moved:             Cr Stewart
    Seconded:          Cr Finzel
    That Council note the report by the Development Engineer to the Planning & Environment
    Committee Meeting dated 12 April 2022 regarding OPW21/0133 application for Operational
    Works (Prescribed Tidal Works) and request a further report for the Ordinary Meeting
    providing an alternative motion for approval:
    A.    Refuse the application for the following reasons:
         1.     The proposal is contrary to PO1, PO9, PO13, and PO19 of the Waterways Works
                Code as it:
                1.1. will lead to cluttering and adverse amenity impacts on the character and
                     amenity of the waterway and adjoining lots;
                1.2. includes works outside the prolongation of boundaries of the lot;
     1.3 will result in berthed vessels encroaching over the prolongation of boundaries of the lot;
                1.4   when all vessels are moored, prevents the jet skis from leaving its dry
                      storage pontoon;
                1.5   will result in adverse amenity impacts and potential conflicts with users of
                      the neighbouring jetty and put at risk users’ safety.
    B.    Advise the applicant that the jetty must be modified to comply with the approved plans
          of development.
    For:        Crs Stewart, Finzel, Lorentson and Jurisevic
    Against:    Crs Stockwell, Wegener and Wilkie
                                                                                          Carried.




                                                                                     Page 7 of 39

Section 8

GENERAL COMMITTEE MEETING MINUTES                                                19 APRIL 2022


6   NOOSA RIVER OYSTER ECOSYSTEM RESTORATION PROJECT UDPATE
    Motion
    Moved:          Cr Stewart
    Seconded:       Cr Finzel
    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 cease negotiations with The Nature Conservancy
         regarding the Noosa River Reef Restoration Alliance and Funding Agreement and
         report back to Council on the outcomes; and and finalise project funding from Noosa
         Shire Council;
    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.
    C.   Request that the CEO provide a report to Council detailing project options utilising the
         previously allocated funding from this project.
    For:       Crs. Stewart, Finzel and Lorentson
    Against: Crs. Stockwell, Wilkie, Jurisevic and Wegener,
                                                                                            Lost.
    Motion
    Moved:           Cr Stockwell
    Seconded:        Cr Jurisevic
    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.

    Amendment No.1
    Moved:           Cr Stewart
    Seconded:        Cr Finzel
    That Item D be added to read:
    D.     Review the procurement process 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
    For:         Crs Stewart, Finzel, Lorentson, Jurisevic and Wilkie
    Against:     Crs Stockwell, and Wegener
                                                                                        Carried.

                                                                                   Page 8 of 39

Section 9

GENERAL COMMITTEE MEETING MINUTES                                                  19 APRIL 2022


    Amendment No.2
    Moved:            Cr Finzel
    Seconded:         Cr Stewart
    That Item D be amended to read:
    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
    For:             Crs Finzel, Stewart, Wilkie, Jurisevic and Lorentson
    Against:         Crs Wegener and Stockwell
                                                                                          Carried.
    Amendment No. 3
    Moved:            Cr Lorentson
    Seconded:         Cr Stewart
    That Item E and F be added to read:
    E.    Authorise the CEO to consult with community stakeholders and the broader community
          to gauge overall community support for the Renewal of the Noosa River Alliance and
          Funding Agreement (NRAFA);
    F.   Provide a further report on the outcomes of the consultation as well as the outcomes
         of the contract negotiation and seek a further resolution of the Council prior to entering
         into any further agreements.
    For:       Crs Lorentson, Stewart and Finzel
    Against: Crs Wilkie, Wegener, Jurisevic and Stockwell
                                                                                             Lost.
    Committee Recommendation
    Moved:            Cr Stockwell
    Seconded:         Cr Jurisevic
    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
    For:        Crs Jurisevic, Wegener, Stockwell and Wilkie
    Against:    Crs. Lorentson, Stewart and Finzel
                                                                                          Carried.

                                                                                     Page 9 of 39

Section 10

GENERAL COMMITTEE MEETING MINUTES                                                         19 APRIL 2022


6.   REPORTS DIRECT TO GENERAL COMMITTEE


7    FURTHER REPORT - MCU21/0194 FOR MATERIAL CHANGE OF USE APPLICATION
     FOR A ROADSIDE STALL AT 201 MARY RIVER ROAD, COOROY

Committee Recommendation
Moved:               Cr Stockwell
Seconded:            Cr Wegener
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 April 2022 and the further report to the General Meeting dated 19
April 2022 regarding Application No. MCU21/0194 for a Material Change of Use for a Roadside
Stall situated at 201 Mary River Road, Cooroy 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 the use commencing, and then compliance maintained at all times while the
             use continues.
             Approved Plans
     2.      Development undertaken in accordance with this approval must generally comply with
             the approved plans of development. The approved plans are listed in the following table
             unless otherwise amended by these conditions.
          Plan No.     Rev.   Plan/Document Name                                   Date
          22-02/01     B      Roadside Stall Visualisation and Site, prepared by   28/02/2022
                              Beverley Jorgensen Building Designer
          22-02/02     B      Site – Callout 1, prepared by Beverley Jorgensen     28/02/2022
                              Building Designer

     Currency Period
     3.      This development approval lapses if the use has not happened by 21 April 2028,
             unless an application to extend the currency period is approved by Council.
             Nature and Extent of Approved Use
     4.      The approved use must only involve the sale of fresh or processed produce produced
             on the site and surrounding properties, including:
             a. Honey that is produced on site from beehives
             b. Eggs that are produced onsite
             c. Fruit, vegetables and herbs that are grown on site and on nearby properties in the
                Cooroy Hinterland
             d. Bottled juices from the fruit and vegetables available for sale.
     5.      Food and drink must not be prepared and sold for consumption on the premises. No
             on-site dining is permitted.
     6.      The approved use must be operated by a permanent resident or residents of the
             detached house on the site. A maximum of two (2) employees are permitted.
     7.      The approved use must not exceed 40m2.

                                                                                          Page 10 of 39

Section 11

GENERAL COMMITTEE MEETING MINUTES                                                    19 APRIL 2022


     8.    The approved use must not operate outside the hours of 5:30am to 1:00pm Monday to
           Friday, and 7:30am to 4:00pm on Saturday and Sunday.
           Car Parking
     9.    A minimum of three (3) car parking spaces must be provided and marked on site and
           made available and accessible at all times while the use is open for business.
     10.   All car parking areas and access driveways must be constructed with a suitable
           formation and maintained exclusively for vehicle parking and manoeuvring and kept in
           a tidy and safe condition at all times.
     11.   Directional signage must be provided to direct visitors and customers to the car parking
           spaces provided on site.
B.   Advise the applicant that they may wish to make an application for a Low Use Commercial
     Activity to permit the operation of a mobile coffee bus on the road reserve immediately
     adjacent the roadside stall.

C.   Find the following matters relevant to the assessment and sufficient reason to approve the
     application:
     1.    The proposal meets the Strategic Intent of the Planning scheme which supports rural
           tourism and further acknowledging those aspects of the use are consistent with the aim
           to facilitate: “The evolution of traditional agriculture and the emergence of new sectors
           are supported by encouraging opportunities for value adding to occur before agricultural
           produce leaves the farm gate or leaves the region”
     2.    The use contributes to the overall outcome 2 (h) of the Rural Zone that envisages that
           “The establishment of outdoor recreation and small-scale tourism facilities in suitable
           locations is facilitated in a manner that does not significantly compromise the rural
           productivity or ecological values of the land.”
D.   Advise the applicant that if they wish to continue to operate the stall as a coffee shop an
     application is required for a food and drink outlet. The application should be lodged within 6
     months and during this time the use may continue to operate from the site subject to the use
     not causing any significant impacts on the area.
E.   That CEO be requested to prepare a set of amendments to the Noosa Plan 2020 that
     facilitate a broader range of small scale rural enterprises directly related to the production of
     local food, beverages, arts and crafts in order to provide opportunities for home-based
     business and related uses that are of a scale suitable for assessment as accepted or code
     assessable development.
                                                                              Carried unanimously.




                                                                                      Page 11 of 39

Section 12

GENERAL COMMITTEE MEETING MINUTES                                                         19 APRIL 2022


8     RAL21/0033 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF A LOT (1
      LOT INTO 8 LOTS) AT 60 GLENRIDGE DRIVE COOROIBAH
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter due to my
personal relationship with the applicant Mark Bain and the Bain Family who are family friends. We have
attended social events together, and our children have attended school together. As a result of my conflict
of interest, I will leave the meeting room while the matter is considered and voted on.

Cr Lorentson left the meeting.

Motion
Moved:             Cr Stockwell
Seconded:          Cr Wilkie
That Council note the report by the Development Planner to the General Committee Meeting dated
19 April 2022 and:
A.    Approve the application and Issue a Preliminary Approval in accordance with the following
      Conditions.
PLANNING
1.    Development undertaken in accordance with this approval must generally comply with the
      approved plans of development detailed below. These plans must be amended in
      accordance with the conditions.
       Plan No.                  Rev.   Plan/Document Name                                Date
       21598-P001                B      Locality and Site Plan                            21.03.2021
       21598-P003                B      Earthworks Plan                                   21.03.2021
       Doc 21598_RP1             B      Tod Engineering Report        in   support   of   24.03.2022
                                        Development Application
       J001001    RP01    to     A      Vegetation Management and Covenant Area           17.02.2022
       RP04                             Rehabilitation Plan Concept prepared by North
                                        Coast Environmental Services
       21-0288 FS001             V4     Flood Investigation                               1.04.2022
       J1001001                  V1     Bushfire Hazard Assessment and Management         23.12.2021
                                        Plan prepared by North Coast Environmental
                                        Services

2.    Amended plans and reports must be submitted to Council prior to any further development
      applications being made and must include the following:
      a.    Amend subdivision layout (Plan: 21598-P001 Rev B, 21598-P003 Rev C) detailing
            amalgamation of Lots 1 and 2.
      b.    Amend the subdivision layout and include the mapped Koala Habitat adjacent to
            Mckinnon Drive in one lot.
      c.    Update the fill level for the building envelope of proposed Lot 8 to the PMF Level.
      d.    Provide a Risk Assessment Report that demonstrates compliance with PO7 and AO7.1
            to AO7.3 of the Flood Hazard Overlay Code and addresses management of risks to
            occupants of the site having regard to Mckinnon Drive being not trafficable during a
            PMF event.
      e.    Amend Table 4-5 of the Flood Investigation – 60 Glenridge Dve, Cooroibah Version 4
            prepared by PeakUrban dated 01/04/2022 to address the following:

                                                                                           Page 12 of 39

Section 13

GENERAL COMMITTEE MEETING MINUTES                                                   19 APRIL 2022


           i.    The minimum fill level for proposed Lot 8 is to be amended to the PMF level. All
                 works are to be carried out generally in accordance with the updated flood
                 investigation report.
           ii.   The updated flood investigation report is to be submitted to Council for approval
                 prior to the issue of Development Permit.
      f.   Provide an effluent disposal report demonstrating that the house site areas can sustain
           appropriate disposal areas.
      g.   Provide a fencing plan that details:
           i.    no fencing within the covenant area
           ii.   no fencing or gates restricting access between lots in relation to the fire break
                 trail areas.
      h.   Investigate the provision of a temporary fire/emergency access to Mckinnon Drive.
      i.   Investigate the provision of an access road above the 1% AEP flood level
3.    All buildings and structures must be located within the building envelopes shown on Plan
      21598-P001 Rev B, prepared by TOD, dated 21st March 2021 (sic), as amended by this
      approval.
4.    Buildings within the proposed Lots are to be provided with finished floor levels in accordance
      with Table 4-5 of the updated flood investigation report required by this approval, unless a
      more recent Council flood study exists or a higher standard is defined in the Planning
      Scheme at the time of lodgement of application for Building Works.
5.    Unless otherwise stated, all works required by the conditions of this Decision Notice as
      relevant to each particular stage must be completed prior to submission of the subdivision
      plan to Council for compliance assessment for the particular stage.
6.    The development must be undertaken and operated in a manner that causes no detrimental
      effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
      lighting nuisance or other emissions.
      Currency Period
7.    This development approval lapses if the requirements of the conditions have not been
      completed and an application for plan seal is not lodged with Council by 12 April 2026 unless
      an application to extend the currency period is approved by Council.
      Plan of Development
8.    All future dwellings on the approved lots must be sited and constructed in accordance with
      the approved building envelopes and dwelling controls (ie. the “Plan of Development”) shown
      on the Approved Plans. A copy of the approved Plan of Development must be included in
      the contract of sale for the approved lots, together with a clause which requires future
      dwellings to be constructed in accordance with it.
9.    The applicant must prepare a metes and bounds building envelopes plan indicating House
      site areas and effluent disposal areas for the proposed lots. The areas must be in accordance
      with the approved plans as amended by these conditions. The plans must be submitted in
      both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The applicant must
      submit the plans to Council for approval prior to the endorsement of the Plan of Survey.
      Covenant
10.   Vegetation protection covenants must be registered against the titles of the properties over
      the land areas defined as the covenant areas as identified within Locality and Site Plans
      prepared by Tod Consulting Engineers and Project Managers on the Approved Plans
      pursuant to Section 97A of the Land Title Act 1994. The covenant document and a survey
      plan must be submitted to Council for endorsement prior to lodgement with the relevant titles

                                                                                     Page 13 of 39

Section 14

GENERAL COMMITTEE MEETING MINUTES                                                    19 APRIL 2022


      authority for registration of title. The covenant document must:
      a.    incorporate the requirements of this Decision Notice;
      b.    include Noosa Council as Covenantee;
      c.    reference Queensland Land Title Registry Standard Terms Document No. 715597513;
      d.    reference the Vegetation Management and Covenant Area Rehabilitation Concept
            Plan;
      e.    reference the Covenant Area Management Plan (or similar);
      f.    reference the Bushland Rehabilitation Program (or similar);
      g.    reference the Firebreak Trail Specification;
      h.    reference the Bushfire Hazard Assessment and Management Plan;
      i.    detail no fence construction to occur in covenant areas and fire break trail; and
      j.    reference the requirement for minimum 1.2m metre high dog proof fence along the
            entire common boundary of the vegetation protection covenants.
      k.    detail any future fencing around the external boundaries of the site to be fauna friendly.
      l.    allow the developer and his representatives to maintain the rehabilitation within the
            Covenant Areas on all Lots during the entire maintenance period.
11.   The vegetation protection covenant areas within each Lot must result in an area of not less
      than the areas detailed within the Locality and Site Plans 21598-P001 Rev B prepared by
      Tod Consulting Engineers and Project Managers and as amended by conditions of this
      approval.
12.   If a provision included in the covenant document is requisitioned or refused registration by
      the relevant titles authority, a substitute provision must be included in the document which
      as nearly as practicable addresses the objective sought by the requisitioned or refused
      provision. The wording of the substitute provision must be agreed by Council.
      Staging
13.   The development is to be staged in accordance with the Locality and Site Plans 21598-P001
      Rev B prepared by Tod Consulting Engineers and Project Managers and as amended by
      conditions of this approval with proposed Lot 8 requiring rehabilitation to be installed in
      accordance with an Operational Works Approval prior to the sealing of the Survey Plan for
      Stage 1.
14.   Stage 2 area must be maintained and managed until commencement of Stage 2 to not cause
      environmental impacts including but not limited to erosion and sediment control, weed
      invasion control, fire mitigation measures (e.g. mown grass).
      Land Rehabilitation
15.   Rehabilitation works must be undertaken in accordance with the Approved Vegetation
      Management and Covenant Area Rehabilitation Concept plan and in accordance with an
      Operational Works approval and the Noosa Plan 2020 and Planning Scheme Policy - PSP 2
      Landscaping with the exception of;
      15.1 The inclusion of additional maintenance schedule requirements within the Vegetation
           Management and Covenant Area Rehabilitation Concept plan including:
            15.1.1      Weed management to maintain a weed free zone around each planted
                        tubestock, mulch replenishment when required. Watering when required.
            15.1.2      Tree guarding of species susceptible to fauna damage.
            15.1.3      Replacement of all dead tubestock.


                                                                                      Page 14 of 39

Section 15

GENERAL COMMITTEE MEETING MINUTES                                                    19 APRIL 2022


           15.1.4      3 Monthly (or as required) weed maintenance within the assisted natural
                       regeneration areas.
      15.2 The inclusion of additional rehabilitation Performance Objectives including:
           15.2.1 Rehabilitation works must meet the following Performance Criteria for:
                 a.    Year One – 12 months after installation:
                       i.      Planted trees have achieved an average height of 1m.
                       ii.     Planted shrubs have achieved an average height of 0.4m.
                 b.    Year Two - 24 months after the installation:
                       i.      Planted trees have achieved an average height of 2m.
                       ii.     Planted shrubs have achieved an average height of 1m.
                 c.    Year Three - Final acceptance installation:
                       i.      Planted trees have achieved an average height of 3m.
                       ii.     Planted shrubs have achieved an average height of 1.2m.
                       iii.    Canopy and / or vegetative strata must not be devoid for any area
                               greater than 1.0m2 within any 10m2 sample.
                       iv.     Plant density shading out and/or self-mulching.
                 d.    The duration of the establishment period:
                       i.      Adherence to maintenance regime for rehabilitation and revegetation
                               areas.
                       ii.     No evidence of woody weeds reshooting from stumps, poisoned
                               trees or the regrowth of cut stumps.
                       iii.    No evidence of over-weeding or impact on non-target species.
                       iv.     Signs of indigenous recruitment in rehabilitation areas.
                       v.      Weed infestations less than 5% of the rehabilitation areas.
                       vi.     Any failed plants within the previous 12 month period have been
                               replaced.
                       vii.    Healthy and vigorous growth allowed to grow to full form.
                       viii.   Mulch layer sufficient to suppress weeds.
16.   Prior to the Operational Works Approval prestart meeting for the rehabilitation works of Stage
      1, a bank guarantee or a bond of $30,000 must be lodged as security for the completion of
      the rehabilitation works and three year performance maintenance period identified in the
      conditions of this approval.
17.   The following amounts of the bank guarantee/bond may be returned at the end of each
      performance criteria year following Council approval as follows:
      a.   Year 1 - $10,000
      b.   Year 2 - $10,000
      c.   Year 3 - $10,000
18.   Prior to the Operational Works Approval prestart meeting for the rehabilitation works of Stage
      2, a bank guarantee or a bond of $60,000 must be lodged as security for the completion of
      the rehabilitation and three year performance maintenance period identified in the conditions
      of this approval.



                                                                                      Page 15 of 39

Section 16

GENERAL COMMITTEE MEETING MINUTES                                                    19 APRIL 2022


19.    The following amounts of the bank guarantee/bond may be returned at the end of each
       performance criteria year following Council approval as follows:
       a.    Year 1 - $20,000
       b     Year 2 - $20,000
       c.    Year 3 - $20,000
20.    Council reserves the right to stop and start the maintenance period depending on
       performance.
21.    A Covenant Area Management Plan (or similar) and a Bushland Rehabilitation Program (or
       similar) must be prepared by a qualified person* and endorsed through an Operational Works
       approval.
22.    The land areas defined as vegetation protection covenants on the subject site identified for
       rehabilitation on the Approved Plans must be rehabilitated* and all weed species listed in the
       following standards and legislation removed:
       a.    Declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate
             Regulation 2016).
       b.    Noosa Local Government Area Pest Management Plan 2015-2019.
       c.    Undesirable Species as listed in Planning Scheme Policy 3 Landscaping Plants and
             Guidelines.
       The works must be undertaken in accordance with an Operational Works approval.
       *(Refer to Advisory Note)
23.    A “no clearing zone” must be established and maintained over the land area defined over the
       area identified as vegetation protection covenants on the Approved Plans. The following
       activities must not be carried out within the no clearing zone:
       a.    clearing, cutting down, poisoning, lopping or pruning of native vegetation which is
             indigenous to, or planted within, the zone
       b.    soil/spoil dumping and/or compacting
       c.    soil excavation, other than for planting indigenous native plants or for works which are
             a natural consequence of this approval.

       The following exceptions apply:
       i.    declared plants under the Biosecurity Act 2014, and any Council Listed Environmental
             Weeds, Undesirable species, Exotic Grasses and other plants identified in writing by
             Council
      ii.    indigenous native trees which pose a well-founded threat to persons or property as
             approved in writing by Council
      iii.   controlled bushfire burns to maintain ecological processes subject to submission of a
             Bushfire Management Plan and agreed in writing by Council.
24.    All rehabilitation and re-vegetation of the vegetation protection covenant areas must be
       installed prior to Council endorsement of the Plan of Survey for each stage.
       Retention of Existing Trees
25.    Existing trees on the site and in the Council road reserve must be retained in accordance
       with an Arborist Report for the development prepared by a qualified person* and referenced
       in a Development Permit for Operational Works.
       *(Refer to Advisory Note)
26.    The performance bond:

                                                                                      Page 16 of 39

Section 17

GENERAL COMMITTEE MEETING MINUTES                                                      19 APRIL 2022


      a.    may be drawn upon by Council in its entirety if any one tree identified for retention is
            damaged to the point where the tree cannot be saved (as confirmed by the project
            arborist and agreed in writing by Council).
      b.    will be returned upon practical completion of all the operational works relating to this
            development.
27.   The tree/s identified for retention in the conditions of this approval listed within this Decision
      Notice must be maintained in good health for the life of the tree.
      Vegetation Management
28.   An arborist’s report prepared by a suitably qualified person* is to be submitted for approval
      as part of the operational works application/s. The purpose of the arborist’s report is to
      identify the vegetation proposed to be removed on site. The vegetation to be retained in the
      vicinity of vegetation to be removed must be identified and tree protection measures detailed
      within the report.
      The works must be undertaken in accordance with an Operational Works approval.
      (*Refer Advisory Note)
      Works within Protected Land
29.   The following works must be undertaken for each stage within the land to be covered by the
      vegetation protection covenants prior to the submission of the sealing of the survey plan:
      a.    Treatment and control of declared plants under the Biosecurity Act 2014 and all
            undesirable species as listed in Planning Scheme Policy 3 Landscaping Plants and
            Guidelines to prevent regrowth.
      b.    Plantings in accordance with the Approved Vegetation Management and Covenant
            Area Rehabilitation Concept plan and a Covenant Area Management Plan (or similar)
            and a Bushland Rehabilitation Program (or similar) prepared by a qualified person* and
            endorsed through an Operational Works approval.
      c.    Removal of any structures, debris or materials foreign to a natural environment
      The works must be undertaken in accordance with an Operational Works approval.
      *(Refer to Advisory Note)

      Fauna Management
30.   Vegetation must only be removed or disturbed in accordance with a Fauna Management
      Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational
      Works approval.
      *(Refer to Advisory Note)
31.   Any domestic cats kept at all Lots must be permanently confined within buildings and/or cat
      enclosures for the purpose of protecting proximate wildlife. A clause must be included in the
      contract of sale which alerts purchasers to the requirement of this condition.
      Fencing to Protected Land
32.   A permanent fence must be constructed around the entire perimeter of the vegetation
      protection covenant area. The fence must be constructed in accordance with an Operational
      Works approval and must be to the following specification:
      a.    Fauna friendly fencing on all covenant boundaries (1.2 metres high, 3 strand plain wire
            (no barb), Bottom strand no less than 300mm off the ground;
      b.    1.2 metre high dog proof fence along the entire common boundary to the vegetation
            protection covenants.



                                                                                        Page 17 of 39

Section 18

GENERAL COMMITTEE MEETING MINUTES                                                     19 APRIL 2022


      c.    Include A5 sized signage with the wording “Vegetation Protection Covenant Area – No
            domestic animals” every 15m, durable, weather resistant and visually complementary
            to the natural environment.
      Community Awareness of Protected Land
33.   An Environmental Awareness and Education Brochure must be prepared and provided to all
      purchasers with the contract of sale. The brochure must provide educational information
      regarding the significance of the Vegetation Protection Covenant, the requirements of
      maintaining the Vegetation Protection Covenant and the potential negative impacts that may
      result from some resident activities such as the keeping of domestic pets, the disposal of
      green wastes, and etc.
      Landscaping Works
34.   The development site must be landscaped. The works must be undertaken in accordance
      with an Operational Works approval and the Noosa Plan for that specific area and PSP2 –
      Landscaping and must include in particular:
      a.    provision of 1 street tree within the road reserve for every 8 metres of new road.
      b.    removal of all weeds species listed in the following standards and legislation.
      c.    declared plants under the Land Protection (Biodiversity Act 2016 and sub-ordinate
            Regulation 2016).
      d.    The Noosa Council Biosecurity Plan 2020.
35.   All landscape works must be established and maintained in accordance with horticultural
      best practice with construction techniques that allow for healthy, sustained and vigorous plant
      growth. All plant material must be allowed to grow to full form.
36.   All entry statements, fences, batters, retaining walls and buffer plantings must be located
      entirely within private land and not within the public road reserve.
37.   All landscape works must be maintained generally in accordance with the approved design
      for the life of the development.
      Estate Entrance Feature
38.   Any proposed estate entrance feature must:
      a.    reflect a subdued local character, rather than an overbearing or contrived statement
      b.    comprise feature vegetation (either existing or planted) in preference to built forms
      c.    integrate with the landscape design of the balance of the estate
      d.    be constructed of durable and low maintenance materials
      e.    be treated with a graffiti resistant coating
      f.    not restrict pedestrian access
      g.    Any estate entrance works must be undertaken in accordance with an Operational
            Works approval.
      Easements
39.   A 20 metre wide continuous easement for fire break trail purposes must be registered against
      the title of each new lot. The easement must be:
      a. In favour of Council and Fire Services
      b.    Located over the land area defined by ‘Firebreak fire trail’ on the subject site identified
            on the Fire Break Trail Specification within the approval plans
      c.    Located outside of the proposed covenant area;


                                                                                       Page 18 of 39

Section 19

GENERAL COMMITTEE MEETING MINUTES                                                    19 APRIL 2022


      d.   Have no fencing between lots;
      e.   A continuous alignment through the lots.
40.   The Grantor is responsible for all maintenance and costs associated with the 20 metre wide
      easement.
41.   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.
      Bushfire Management – Reconfiguration Requirements
42.   All reconfiguration works must be carried out in accordance with the approved Bushfire
      Hazard Assessment and Management Plan.
      *(Refer Advisory Note)
43.   Certification must be submitted to Council from a qualified person* which certifies that the
      development has been constructed in accordance with the bushfire management conditions
      of this Decision Notice.
      *(Refer Advisory Note)
44.   The following clauses must be included in the contract of sale for all Lots which requires:
      a.   future dwellings to be constructed within the building envelopes shown on the
           Approved Plans AND in accordance with the approved Bushfire Hazard Assessment
           and Management Plan.
      b.   the trafficable fire break trail to be maintained, include unlocked 4m wide gates allowing
           access to Council and Fire Services and ensure compliance with the QLD SPP
           Bushfire 2019 firebreak trail specifications.
      c.   All future dwellings are to provide a dedicated 10,000 litre water supply for firefighting
           purposes.
45.   A Landholder Bushfire Information Kit is to be provided to all new owners detailing the
      performance requirements of the trafficable firebreak fire trails
      Road & Park Names
46.   The proposed names of roads must be lodged with the application for a Development Permit
      for Operational Works. Names are to be
      a.   Relevant to Australian, preferably local, history, flora, fauna, culture, landscape or
           physical characteristics.
      b.   If used, personal names should commemorate persons who have contributed
           significantly to the development of the region; demonstrated outstanding levels of civic
           service; or achieved role-model status in the wider community or donated property or
           funds for community benefit; and be recognised in memoriam.
      c.   Park names should be unique within the locality.
      d.   Approval will not be given to a name that may be construed as advertising, is more
           than one word, understanding that a geographic relationship such as Cooroy Mountain
           is permissible; is insensitive to diverse cultures and does not accord with community
           standards; and is not concise, easy to pronounce and spell and be without accent
           marks, apostrophes or hyphens.
      e.   Approval will not be given to a name that is the same or similar to the name of another
           road in the Shire, or of a road in close proximity in a neighbouring Shire. Names that
           are not easily pronounced, or may cause confusion to emergency services are to be
           avoided.

                                                                                     Page 19 of 39

Section 20

GENERAL COMMITTEE MEETING MINUTES                                                     19 APRIL 2022


      f.    All street signs on new roads (public and private) and parks shall be erected prior to
            works being accepted on maintenance.
      Boundary Encroachments
47.   Certification must be submitted to Council from a Licensed Surveyor which certifies that:
      a.    the setback/s to any new boundaries for any existing buildings remaining on the site
            comply with the relevant provisions of the planning scheme and the Building Act 1975,
            unless varied by this Decision Notice
      b.    all constructed access and roadworks (including associated fill batters and retaining
            walls) are fully contained within a dedicated reserve or registered easement
      c.    all utility services and connections (eg. electricity, telecommunications, water,
            sewerage) are wholly located within the lot they serve or alternatively included within
            an easement
      d.    all existing effluent disposal areas are wholly located within the lot they serve and
            comply with the boundary setback requirements of the Plumbing and Drainage Act
            2002 and associated codes and requirements
      e.    all dams (including ponded water, dam walls and associated spillway structures) are
            wholly located within the boundaries of a single lot
      f.    all retaining walls and structures are fully contained within the lot they retain any fill,
            including fill batters, are wholly contained within the subject site and not on adjacent
            properties
      External Works
48.   The table drains in the verge areas in the frontage of the subject site to Glenridge Drive must
      be reconstructed to be free draining. The works must be undertaken in accordance with an
      Operational Works approval and must include in particular:
      a.    The frontage of proposed Lot 8 must be completed prior to the sealing of the survey
            plan for Stage 1
      b.    The remainder of the frontage, including the proposed intersection, must be completed
            prior to the sealing of the survey plan for Stage 2. The intersection must be constructed
            generally in accordance with drawing No. 21598-P002, Revision B prepared by TOD
            engineers.
      Condition 48 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
      infrastructure.
49.   A new intersection must be constructed joining Glenridge Drive with the new road. The works
      must be undertaken in accordance with an Operational Works approval and be completed
      prior to the sealing of the survey plan for Stage 2. The intersection must be constructed
      generally in accordance with drawing No. 21598-P002, Revision B prepared by TOD
      engineers, the Engineering Report Document No. 21598_RP1, Revision B prepared by TOD
      engineers dated 24 March 2022 and must include in particular:
      a.    an intersection with vehicle priority maintained on Glenridge Drive
      b.    provision of sight distances adequate for the design speed of the road
      c.    truncation of the new property boundaries
      Condition 49 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
      infrastructure.
      New Roads
50.   The new road as shown on the Approved Plans must be constructed and dedicated as “road”.
      The works must be undertaken in accordance with an Operational Works approval and be

                                                                                       Page 20 of 39

Section 21

GENERAL COMMITTEE MEETING MINUTES                                                    19 APRIL 2022


      completed prior to the sealing of the survey plan for Stage 2. The works must include in
      particular:
      a.    a reserve width of 20 metres with widening at the cul-de-sac head and generally in
            accordance with the approved plan
      b.    a cross section generally in accordance with drawing No. 21598-P002, Revision B
            prepared by TOD engineers
      c.    a cul-de-sac head generally in accordance with drawing No. 21598-P002, Revision B
            prepared by TOD engineers and Council’s Planning Scheme Policy 6 – Engineering
            Design Standards
      d.    table drains and culvert drainage generally in accordance with drawing No. 21598-
            P002, Revision B prepared by TOD engineers and the approved flood investigation
      Condition 50 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
      infrastructure.
      Property Access and Driveways
51.   A residential driveway must be constructed to all lots in the relevant stage. The works must
      be undertaken in accordance with an Operational Works approval and:
      a.    be generally in accordance with drawing No. 21598-P002, Revision B prepared by TOD
            engineers and
      b.    be generally in accordance with Council’s Standard Drawing RS-056 and any
            associated addendum
      c.    include the access driveway servicing Lots 3 & 5.
52.   The existing vehicle access to McKinnon Drive is to be wholly removed and the area
      revegetated as part of these works.
53.   Vehicle access to Lots 1 - 8 is limited to the constructed driveway only. A clause must be
      included in the contract of sale for Lots 1 - 8 which requires vehicle access to be from the
      constructed driveway only, and which prohibits the driveway from being relocated without
      Council agreement.
      The following property notation, or similar, will be added to Council’s rates records for Lots 1
      – 8:
      Private Certifiers, owners and prospective purchasers are notified that special access
      requirements apply to this parcel of land. Contact Council's Planning Department for Details.
54.   Vehicle access to Lots 1, 2, 3 and 5 is limited to Glenridge Drive and the new road only. A
      clause must be included in the contract of sale for Lots 1, 2, 3 and 5 which prohibits vehicle
      access being taken from McKinnon Drive.
      The following property notation, or similar, will be added to Council’s rates records for Lots
      1, 2, 3 and 5:
      No vehicle access is permitted to this property from the McKinnon Drive.
      Stormwater Drainage
55.   Stormwater runoff from the development must be disposed of on-site without causing scour
      or damage to the subject site or any adjoining property.
      Services
56.   Underground reticulated electricity and telecommunication services must be provided to Lots
      1 - 7 in accordance with the standards and requirements of the relevant service provider.
57.   Unless otherwise stipulated by telecommunications legislation at the time of construction, the
      development must be provided with all necessary conduits, pits and pipes to accommodate

                                                                                      Page 21 of 39

Section 22

GENERAL COMMITTEE MEETING MINUTES                                                   19 APRIL 2022


      the future connection of optic fibre technology telecommunications.
58.   Certification must be submitted to Council from all relevant service providers (Energex and
      NBN) which certifies that the development has met the requirements of this Decision Notice
      and all applicable legislation at the time of construction.
      Easements
59.   Easements for drainage purposes must be registered in favour of Council against the title of
      all lots. The easements must fully contain those parts of the subject site below the 1%AEP
      flood level.
60.   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.
61.   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.
62.   All works must be kept clear of any existing or proposed easements on the subject land,
      unless agreed otherwise in writing by the Grantee.
      Earthworks and Retaining Walls
63.   All fill and associated batters must be undertaken in accordance with an Operational Works
      approval, and be generally in accordance with drawing No. 21598-P003, Revision B
      prepared by TOD engineering dated 21 March 2022 and the approved flood investigation or
      as amended by conditions herein. The earthworks must be completed prior to the sealing of
      the survey plan for Stage 2.
      Damage to Services and Assets
64.   Any damage caused to existing services and assets as a result of the development works
      must be repaired at no cost to the asset owner at the following times:
      a.   where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
           or
      b.   where otherwise, upon completion of the works associated with the development.
      Any repair work which proposes to alter the alignment or level of existing services and assets
      must first be referred to the relevant service authority for approval.


B.    Include the following property notes against the subject property in Council’s property record
      system:
      RAL21/0033 - Property Access Driveway
1.    The following notation applies to the approved lots:
      Private Certifiers, owners and prospective purchasers are notified that special access
      requirements apply to this parcel of land. Contact Council's Planning Department for Details.
      RAL21/0033- Property Access
2.    The following notation applies to approved lots 1, 2, 3 and 5:
      No vehicle access is permitted to this property from the McKinnon Drive.
      RAL21/0033- Property Access
3.    The following notation applies to the approved lots:



                                                                                     Page 22 of 39

Section 23

GENERAL COMMITTEE MEETING MINUTES                                                 19 APRIL 2022


     The access road to this property may be cut during flood periods. No alternative access is
     available.
     RAL21/0033 – Vegetation Protection Covenant
4.   The following notation applies to the approved lots:
     A Vegetation Protection Covenant applies to this lot. No clearing of vegetation is to occur
     within the covenanted area, except where in accordance with the terms of the covenant.
     RAL21/0033 – Ecological Preservation
5.   The following notation applies to the approved lots:
     To ensure the protection of vegetation on this lot, any dwelling on this lot is required by
     Council Approval RAL21/0033 to be constructed within the building envelope nominated on
     the approved Lot Reconfiguration proposal plan (see Council file reference RAL21/0033).
     A “no clearing zone” applies to this property for the purpose of vegetation protection. The
     landowner must maintain the property in accordance with the ecological preservation
     conditions of Council Approval RAL21/0033.
     RAL21/0033 – Bushfire Management
6.   The following notation applies to the approved lots:
     To ensure the safety of people and property on this property is maintained, all buildings and
     structures must be sited and constructed in accordance with the bushfire management
     conditions of Council Approval RAL21/0033 and associated Operational Work approvals.
     RAL21/0033 – Control of Domestic Cats
7.   The following notation applies to the approved lots
     Domestic cats are permitted on this lot provided that they are permanently confined within
     buildings or cat enclosures. This requirement is designed to protect lower canopy and ground
     nesting and feeding birds which occur proximate to the lot.
C.   Request that the Chief Executive Officer investigate the impacts of flooding on development
     in the Cooroibah area as part of the preparation of Local Disaster Management Plan for the
     Cooroibah Area and as part of future planning scheme amendments.


Amendment No.1
Moved:              Cr Jurisevic
Seconded:     Cr Stewart
That 2 h and 2 j be amended to read:
h.   Require the provision of a temporary fire/emergency access to Mckinnon Drive.
j.   Require the provision of an access road above the 1% AEP flood level
For:          Crs Stewart, Jurisevic, Stockwell, Wilkie and Wegener
Against:      Crs Finzel
                                                                                         Carried.




                                                                                   Page 23 of 39

Section 24

GENERAL COMMITTEE MEETING MINUTES                                                     19 APRIL 2022


Committee Recommendation
Moved:            Cr Stockwell
Seconded:         Cr Wilkie
That Council note the report by the Development Planner to the General Committee Meeting dated
19 April 2022 and:
A.   Approve the application and Issue a Preliminary Approval in accordance with the following
     Conditions.
PLANNING
1.   Development undertaken in accordance with this approval must generally comply with the
     approved plans of development detailed below. These plans must be amended in
     accordance with the conditions.
      Plan No.                Rev.   Plan/Document Name                               Date
      21598-P001              B      Locality and Site Plan                           21.03.2021
      21598-P003              B      Earthworks Plan                                  21.03.2021
      Doc 21598_RP1           B      Tod Engineering Report       in   support   of   24.03.2022
                                     Development Application
      J001001     RP01   to   A      Vegetation Management and Covenant Area          17.02.2022
      RP04                           Rehabilitation Plan Concept prepared by North
                                     Coast Environmental Services
      21-0288 FS001           V4     Flood Investigation                              1.04.2022
      J1001001                V1     Bushfire Hazard Assessment and Management        23.12.2021
                                     Plan prepared by North Coast Environmental
                                     Services

2.   Amended plans and reports must be submitted to Council prior to any further development
     applications being made and must include the following:
     a. Amend subdivision layout (Plan: 21598-P001 Rev B, 21598-P003 Rev C) detailing
        amalgamation of Lots 1 and 2.
     b.     Amend the subdivision layout and include the mapped Koala Habitat adjacent to
            Mckinnon Drive in one lot.
     c.     Update the fill level for the building envelope of proposed Lot 8 to the PMF Level.
     d.     Provide a Risk Assessment Report that demonstrates compliance with PO7 and AO7.1
            to AO7.3 of the Flood Hazard Overlay Code and addresses management of risks to
            occupants of the site having regard to Mckinnon Drive being not trafficable during a
            PMF event.
     e.     Amend Table 4-5 of the Flood Investigation – 60 Glenridge Dve, Cooroibah Version 4
            prepared by PeakUrban dated 01/04/2022 to address the following:
            i.    The minimum fill level for proposed Lot 8 is to be amended to the PMF level. All
                  works are to be carried out generally in accordance with the updated flood
                  investigation report.
            ii.   The updated flood investigation report is to be submitted to Council for approval
                  prior to the issue of Development Permit.
     f.     Provide an effluent disposal report demonstrating that the house site areas can sustain
            appropriate disposal areas.
     g.     Provide a fencing plan that details:
            i.    no fencing within the covenant area

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GENERAL COMMITTEE MEETING MINUTES                                                   19 APRIL 2022


           ii.   no fencing or gates restricting access between lots in relation to the fire break
                 trail areas.
      h.   Investigate Require the provision of a temporary fire/emergency access to Mckinnon
           Drive.
      i.   Investigate Require the provision of an access road above the 1% AEP flood level
3.    All buildings and structures must be located within the building envelopes shown on Plan
      21598-P001 Rev B, prepared by TOD, dated 21st March 2021 (sic), as amended by this
      approval.
4.    Buildings within the proposed Lots are to be provided with finished floor levels in accordance
      with Table 4-5 of the updated flood investigation report required by this approval, unless a
      more recent Council flood study exists or a higher standard is defined in the Planning
      Scheme at the time of lodgement of application for Building Works.
5.    Unless otherwise stated, all works required by the conditions of this Decision Notice as
      relevant to each particular stage must be completed prior to submission of the subdivision
      plan to Council for compliance assessment for the particular stage.
6.    The development must be undertaken and operated in a manner that causes no detrimental
      effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
      lighting nuisance or other emissions.
      Currency Period
7.    This development approval lapses if the requirements of the conditions have not been
      completed and an application for plan seal is not lodged with Council by 12 April 2026 unless
      an application to extend the currency period is approved by Council.
      Plan of Development
8.    All future dwellings on the approved lots must be sited and constructed in accordance with
      the approved building envelopes and dwelling controls (ie. the “Plan of Development”) shown
      on the Approved Plans. A copy of the approved Plan of Development must be included in
      the contract of sale for the approved lots, together with a clause which requires future
      dwellings to be constructed in accordance with it.
9.    The applicant must prepare a metes and bounds building envelopes plan indicating House
      site areas and effluent disposal areas for the proposed lots. The areas must be in accordance
      with the approved plans as amended by these conditions. The plans must be submitted in
      both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The applicant must
      submit the plans to Council for approval prior to the endorsement of the Plan of Survey.
      Covenant
10.   Vegetation protection covenants must be registered against the titles of the properties over
      the land areas defined as the covenant areas as identified within Locality and Site Plans
      prepared by Tod Consulting Engineers and Project Managers on the Approved Plans
      pursuant to Section 97A of the Land Title Act 1994. The covenant document and a survey
      plan must be submitted to Council for endorsement prior to lodgement with the relevant titles
      authority for registration of title. The covenant document must:
      a. incorporate the requirements of this Decision Notice;
      b.   include Noosa Council as Covenantee;
      c.   reference Queensland Land Title Registry Standard Terms Document No. 715597513;
      d.   reference the Vegetation Management and Covenant Area Rehabilitation Concept
           Plan;
      e.   reference the Covenant Area Management Plan (or similar);
      f.   reference the Bushland Rehabilitation Program (or similar);

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Section 26

GENERAL COMMITTEE MEETING MINUTES                                                   19 APRIL 2022


      g.   reference the Firebreak Trail Specification;
      h.   reference the Bushfire Hazard Assessment and Management Plan;
      i.   detail no fence construction to occur in covenant areas and fire break trail; and
      j.   reference the requirement for minimum 1.2m metre high dog proof fence along the
           entire common boundary of the vegetation protection covenants.
      k.   detail any future fencing around the external boundaries of the site to be fauna friendly.
      l.   allow the developer and his representatives to maintain the rehabilitation within the
           Covenant Areas on all Lots during the entire maintenance period.
11.   The vegetation protection covenant areas within each Lot must result in an area of not less
      than the areas detailed within the Locality and Site Plans 21598-P001 Rev B prepared by
      Tod Consulting Engineers and Project Managers and as amended by conditions of this
      approval.
12.   If a provision included in the covenant document is requisitioned or refused registration by
      the relevant titles authority, a substitute provision must be included in the document which
      as nearly as practicable addresses the objective sought by the requisitioned or refused
      provision. The wording of the substitute provision must be agreed by Council.
      Staging
13.   The development is to be staged in accordance with the Locality and Site Plans 21598-P001
      Rev B prepared by Tod Consulting Engineers and Project Managers and as amended by
      conditions of this approval with proposed Lot 8 requiring rehabilitation to be installed in
      accordance with an Operational Works Approval prior to the sealing of the Survey Plan for
      Stage 1.
14.   Stage 2 area must be maintained and managed until commencement of Stage 2 to not cause
      environmental impacts including but not limited to erosion and sediment control, weed
      invasion control, fire mitigation measures (e.g. mown grass).
      Land Rehabilitation
15.   Rehabilitation works must be undertaken in accordance with the Approved Vegetation
      Management and Covenant Area Rehabilitation Concept plan and in accordance with an
      Operational Works approval and the Noosa Plan 2020 and Planning Scheme Policy - PSP 2
      Landscaping with the exception of;
      15.1 The inclusion of additional maintenance schedule requirements within the Vegetation
           Management and Covenant Area Rehabilitation Concept plan including:
           15.1.1      Weed management to maintain a weed free zone around each planted
                       tubestock, mulch replenishment when required. Watering when required.
           15.1.2      Tree guarding of species susceptible to fauna damage.
           15.1.3      Replacement of all dead tubestock.
           15.1.4      3 Monthly (or as required) weed maintenance within the assisted natural
                       regeneration areas.
      15.2 The inclusion of additional rehabilitation Performance Objectives including:
           15.2.1      Rehabilitation works must meet the following Performance Criteria for:
                 a.    Year One – 12 months after installation:
                       i.    Planted trees have achieved an average height of 1m.
                       ii.   Planted shrubs have achieved an average height of 0.4m.
                 b.    Year Two - 24 months after the installation:


                                                                                     Page 26 of 39

Section 27

GENERAL COMMITTEE MEETING MINUTES                                                    19 APRIL 2022


                       i.      Planted trees have achieved an average height of 2m.
                       ii.     Planted shrubs have achieved an average height of 1m.
                 c.    Year Three - Final acceptance installation:
                       i.      Planted trees have achieved an average height of 3m.
                       ii.     Planted shrubs have achieved an average height of 1.2m.
                       iii.    Canopy and / or vegetative strata must not be devoid for any area
                               greater than 1.0m2 within any 10m2 sample.
                       iv.     Plant density shading out and/or self-mulching.
                 d.    The duration of the establishment period:
                       i.      Adherence to maintenance regime for rehabilitation and revegetation
                               areas.
                       ii.     No evidence of woody weeds reshooting from stumps, poisoned
                               trees or the regrowth of cut stumps.
                       iii.    No evidence of over-weeding or impact on non-target species.
                       iv.     Signs of indigenous recruitment in rehabilitation areas.
                       v.      Weed infestations less than 5% of the rehabilitation areas.
                       vi.     Any failed plants within the previous 12 month period have been
                               replaced.
                       vii.    Healthy and vigorous growth allowed to grow to full form.
                       viii.   Mulch layer sufficient to suppress weeds.
16.   Prior to the Operational Works Approval prestart meeting for the rehabilitation works of Stage
      1, a bank guarantee or a bond of $30,000 must be lodged as security for the completion of
      the rehabilitation works and three year performance maintenance period identified in the
      conditions of this approval.
17.   The following amounts of the bank guarantee/bond may be returned at the end of each
      performance criteria year following Council approval as follows:
      a.   Year 1 - $10,000
      b.   Year 2 - $10,000
      c.   Year 3 - $10,000
18.   Prior to the Operational Works Approval prestart meeting for the rehabilitation works of Stage
      2, a bank guarantee or a bond of $60,000 must be lodged as security for the completion of
      the rehabilitation and three year performance maintenance period identified in the conditions
      of this approval.
19.   The following amounts of the bank guarantee/bond may be returned at the end of each
      performance criteria year following Council approval as follows:
      a.   Year 1 - $20,000
      b    Year 2 - $20,000
      c.   Year 3 - $20,000
20.   Council reserves the right to stop and start the maintenance period depending on
      performance.
21.   A Covenant Area Management Plan (or similar) and a Bushland Rehabilitation Program (or
      similar) must be prepared by a qualified person* and endorsed through an Operational Works
      approval.

                                                                                      Page 27 of 39

Section 28

GENERAL COMMITTEE MEETING MINUTES                                                       19 APRIL 2022


22.   The land areas defined as vegetation protection covenants on the subject site identified for
      rehabilitation on the Approved Plans must be rehabilitated* and all weed species listed in the
      following standards and legislation removed:
      a.        Declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate
                Regulation 2016).
      b.        Noosa Local Government Area Pest Management Plan 2015-2019.
      c.        Undesirable Species as listed in Planning Scheme Policy 3 Landscaping Plants and
                Guidelines.
      The works must be undertaken in accordance with an Operational Works approval.
      *(Refer to Advisory Note)
23.   A “no clearing zone” must be established and maintained over the land area defined over the
      area identified as vegetation protection covenants on the Approved Plans. The following
      activities must not be carried out within the no clearing zone:
      a.        clearing, cutting down, poisoning, lopping or pruning of native vegetation which is
                indigenous to, or planted within, the zone
      b.        soil/spoil dumping and/or compacting
      c.        soil excavation, other than for planting indigenous native plants or for works which are
                a natural consequence of this approval.
      The following exceptions apply:
           i.   declared plants under the Biosecurity Act 2014, and any Council Listed Environmental
                Weeds, Undesirable species, Exotic Grasses and other plants identified in writing by
                Council
       ii.      indigenous native trees which pose a well-founded threat to persons or property as
                approved in writing by Council
      iii.      controlled bushfire burns to maintain ecological processes subject to submission of a
                Bushfire Management Plan and agreed in writing by Council.
24.   All rehabilitation and re-vegetation of the vegetation protection covenant areas must be
      installed prior to Council endorsement of the Plan of Survey for each stage.
      Retention of Existing Trees
25.   Existing trees on the site and in the Council road reserve must be retained in accordance
      with an Arborist Report for the development prepared by a qualified person* and referenced
      in a Development Permit for Operational Works.
      *(Refer to Advisory Note)
26.   The performance bond:
      a.        may be drawn upon by Council in its entirety if any one tree identified for retention is
                damaged to the point where the tree cannot be saved (as confirmed by the project
                arborist and agreed in writing by Council).
      b.        will be returned upon practical completion of all the operational works relating to this
                development.
27.   The tree/s identified for retention in the conditions of this approval listed within this Decision
      Notice must be maintained in good health for the life of the tree.
      Vegetation Management
28.   An arborist’s report prepared by a suitably qualified person* is to be submitted for approval
      as part of the operational works application/s. The purpose of the arborist’s report is to
      identify the vegetation proposed to be removed on site. The vegetation to be retained in the

                                                                                         Page 28 of 39

Section 29

GENERAL COMMITTEE MEETING MINUTES                                                  19 APRIL 2022


      vicinity of vegetation to be removed must be identified and tree protection measures detailed
      within the report.
      The works must be undertaken in accordance with an Operational Works approval.
      (*Refer Advisory Note)
      Works within Protected Land
29.   The following works must be undertaken for each stage within the land to be covered by the
      vegetation protection covenants prior to the submission of the sealing of the survey plan:
      a.   Treatment and control of declared plants under the Biosecurity Act 2014 and all
           undesirable species as listed in Planning Scheme Policy 3 Landscaping Plants and
           Guidelines to prevent regrowth.
      b.   Plantings in accordance with the Approved Vegetation Management and Covenant
           Area Rehabilitation Concept plan and a Covenant Area Management Plan (or similar)
           and a Bushland Rehabilitation Program (or similar) prepared by a qualified person* and
           endorsed through an Operational Works approval.
      c.   Removal of any structures, debris or materials foreign to a natural environment
      The works must be undertaken in accordance with an Operational Works approval.
      *(Refer to Advisory Note)

      Fauna Management
30.   Vegetation must only be removed or disturbed in accordance with a Fauna Management
      Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational
      Works approval.
      *(Refer to Advisory Note)
31.   Any domestic cats kept at all Lots must be permanently confined within buildings and/or cat
      enclosures for the purpose of protecting proximate wildlife. A clause must be included in the
      contract of sale which alerts purchasers to the requirement of this condition.
      Fencing to Protected Land
32.   A permanent fence must be constructed around the entire perimeter of the vegetation
      protection covenant area. The fence must be constructed in accordance with an Operational
      Works approval and must be to the following specification:
      a.   Fauna friendly fencing on all covenant boundaries (1.2 metres high, 3 strand plain wire
           (no barb), Bottom strand no less than 300mm off the ground;
      b.   1.2 metre high dog proof fence along the entire common boundary to the vegetation
           protection covenants.
      c.   Include A5 sized signage with the wording “Vegetation Protection Covenant Area – No
           domestic animals” every 15m, durable, weather resistant and visually complementary
           to the natural environment.
      Community Awareness of Protected Land
33.   An Environmental Awareness and Education Brochure must be prepared and provided to all
      purchasers with the contract of sale. The brochure must provide educational information
      regarding the significance of the Vegetation Protection Covenant, the requirements of
      maintaining the Vegetation Protection Covenant and the potential negative impacts that may
      result from some resident activities such as the keeping of domestic pets, the disposal of
      green wastes, and etc.
      Landscaping Works
34.   The development site must be landscaped. The works must be undertaken in accordance

                                                                                    Page 29 of 39

Section 30

GENERAL COMMITTEE MEETING MINUTES                                                     19 APRIL 2022


      with an Operational Works approval and the Noosa Plan for that specific area and PSP2 –
      Landscaping and must include in particular:
      a. provision of 1 street tree within the road reserve for every 8 metres of new road.
      b.    removal of all weeds species listed in the following standards and legislation.
      c.    declared plants under the Land Protection (Biodiversity Act 2016 and sub-ordinate
            Regulation 2016).
      d.    The Noosa Council Biosecurity Plan 2020.
35.   All landscape works must be established and maintained in accordance with horticultural
      best practice with construction techniques that allow for healthy, sustained and vigorous plant
      growth. All plant material must be allowed to grow to full form.
36.   All entry statements, fences, batters, retaining walls and buffer plantings must be located
      entirely within private land and not within the public road reserve.
37.   All landscape works must be maintained generally in accordance with the approved design
      for the life of the development.
      Estate Entrance Feature
38.   Any proposed estate entrance feature must:
      a.    reflect a subdued local character, rather than an overbearing or contrived statement
      b.    comprise feature vegetation (either existing or planted) in preference to built forms
      c.    integrate with the landscape design of the balance of the estate
      d.    be constructed of durable and low maintenance materials
      e.    be treated with a graffiti resistant coating
      f.    not restrict pedestrian access
      g.    Any estate entrance works must be undertaken in accordance with an Operational
            Works approval.
      Easements
39.   A 20 metre wide continuous easement for fire break trail purposes must be registered against
      the title of each new lot. The easement must be:
      a. In favour of Council and Fire Services
      b.    Located over the land area defined by ‘Firebreak fire trail’ on the subject site identified
            on the Fire Break Trail Specification within the approval plans
      c.    Located outside of the proposed covenant area;
      d.    Have no fencing between lots;
      e.    A continuous alignment through the lots.
40.   The Grantor is responsible for all maintenance and costs associated with the 20 metre wide
      easement.
41.   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.
      Bushfire Management – Reconfiguration Requirements
42.   All reconfiguration works must be carried out in accordance with the approved Bushfire
      Hazard Assessment and Management Plan.


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Section 31

GENERAL COMMITTEE MEETING MINUTES                                                    19 APRIL 2022


      *(Refer Advisory Note)
43.   Certification must be submitted to Council from a qualified person* which certifies that the
      development has been constructed in accordance with the bushfire management conditions
      of this Decision Notice.
      *(Refer Advisory Note)
44.   The following clauses must be included in the contract of sale for all Lots which requires:
      a. future dwellings to be constructed within the building envelopes shown on the Approved
         Plans AND in accordance with the approved Bushfire Hazard Assessment and
         Management Plan.
      b.   the trafficable fire break trail to be maintained, include unlocked 4m wide gates allowing
           access to Council and Fire Services and ensure compliance with the QLD SPP
           Bushfire 2019 firebreak trail specifications.
      c.   All future dwellings are to provide a dedicated 10,000 litre water supply for firefighting
           purposes .
45.   A Landholder Bushfire Information Kit is to be provided to all new owners detailing the
      performance requirements of the trafficable firebreak fire trails
      Road & Park Names
46.   The proposed names of roads must be lodged with the application for a Development Permit
      for Operational Works. Names are to be
      a.   Relevant to Australian, preferably local, history, flora, fauna, culture, landscape or
           physical characteristics.
      b.   If used, personal names should commemorate persons who have contributed
           significantly to the development of the region; demonstrated outstanding levels of civic
           service; or achieved role-model status in the wider community or donated property or
           funds for community benefit; and be recognised in memoriam.
      c.   Park names should be unique within the locality.
      d.   Approval will not be given to a name that may be construed as advertising, is more
           than one word, understanding that a geographic relationship such as Cooroy Mountain
           is permissible; is insensitive to diverse cultures and does not accord with community
           standards; and is not concise, easy to pronounce and spell and be without accent
           marks, apostrophes or hyphens.
      e.   Approval will not be given to a name that is the same or similar to the name of another
           road in the Shire, or of a road in close proximity in a neighbouring Shire. Names that
           are not easily pronounced, or may cause confusion to emergency services are to be
           avoided.
      f.   All street signs on new roads (public and private) and parks shall be erected prior to
           works being accepted on maintenance.
      Boundary Encroachments
47.   Certification must be submitted to Council from a Licensed Surveyor which certifies that:
      a. the setback/s to any new boundaries for any existing buildings remaining on the site
         comply with the relevant provisions of the planning scheme and the Building Act 1975,
         unless varied by this Decision Notice
      b.   all constructed access and roadworks (including associated fill batters and retaining
           walls) are fully contained within a dedicated reserve or registered easement




                                                                                     Page 31 of 39

Section 32

GENERAL COMMITTEE MEETING MINUTES                                                     19 APRIL 2022


      c.    all utility services and connections (eg. electricity, telecommunications, water,
            sewerage) are wholly located within the lot they serve or alternatively included within
            an easement
      d.    all existing effluent disposal areas are wholly located within the lot they serve and
            comply with the boundary setback requirements of the Plumbing and Drainage Act
            2002 and associated codes and requirements
      e.    all dams (including ponded water, dam walls and associated spillway structures) are
            wholly located within the boundaries of a single lot
      f.    all retaining walls and structures are fully contained within the lot they retain any fill,
            including fill batters, are wholly contained within the subject site and not on adjacent
            properties
      External Works
48.   The table drains in the verge areas in the frontage of the subject site to Glenridge Drive must
      be reconstructed to be free draining. The works must be undertaken in accordance with an
      Operational Works approval and must include in particular:
      a.    The frontage of proposed Lot 8 must be completed prior to the sealing of the survey
            plan for Stage 1
      b.    The remainder of the frontage, including the proposed intersection, must be completed
            prior to the sealing of the survey plan for Stage 2. The intersection must be constructed
            generally in accordance with drawing No. 21598-P002, Revision B prepared by TOD
            engineers.
      Condition 48 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
      infrastructure.
49.   A new intersection must be constructed joining Glenridge Drive with the new road. The works
      must be undertaken in accordance with an Operational Works approval and be completed
      prior to the sealing of the survey plan for Stage 2. The intersection must be constructed
      generally in accordance with drawing No. 21598-P002, Revision B prepared by TOD
      engineers, the Engineering Report Document No. 21598_RP1, Revision B prepared by TOD
      engineers dated 24 March 2022 and must include in particular:
      a.    an intersection with vehicle priority maintained on Glenridge Drive
      b.    provision of sight distances adequate for the design speed of the road
      c.    truncation of the new property boundaries
      Condition 49 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
      infrastructure.
      New Roads
50.   The new road as shown on the Approved Plans must be constructed and dedicated as “road”.
      The works must be undertaken in accordance with an Operational Works approval and be
      completed prior to the sealing of the survey plan for Stage 2. The works must include in
      particular:
      a.    a reserve width of 20 metres with widening at the cul-de-sac head and generally in
            accordance with the approved plan
      b.    a cross section generally in accordance with drawing No. 21598-P002, Revision B
            prepared by TOD engineers
      c.    a cul-de-sac head generally in accordance with drawing No. 21598-P002, Revision B
            prepared by TOD engineers and Council’s Planning Scheme Policy 6 – Engineering
            Design Standards
      d.    table drains and culvert drainage generally in accordance with drawing No. 21598-

                                                                                       Page 32 of 39

Section 33

GENERAL COMMITTEE MEETING MINUTES                                                    19 APRIL 2022


            P002, Revision B prepared by TOD engineers and the approved flood investigation
      Condition 50 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
      infrastructure.
      Property Access and Driveways
51.   A residential driveway must be constructed to all lots in the relevant stage. The works must
      be undertaken in accordance with an Operational Works approval and:
      a.    be generally in accordance with drawing No. 21598-P002, Revision B prepared by TOD
            engineers and
      b.    be generally in accordance with Council’s Standard Drawing RS-056 and any
            associated addendum
      c.    include the access driveway servicing Lots 3 & 5.
52.   The existing vehicle access to McKinnon Drive is to be wholly removed and the area
      revegetated as part of these works.
53.   Vehicle access to Lots 1 - 8 is limited to the constructed driveway only. A clause must be
      included in the contract of sale for Lots 1 - 8 which requires vehicle access to be from the
      constructed driveway only, and which prohibits the driveway from being relocated without
      Council agreement.
      The following property notation, or similar, will be added to Council’s rates records for Lots 1
      – 8:
      Private Certifiers, owners and prospective purchasers are notified that special access
      requirements apply to this parcel of land. Contact Council's Planning Department for Details.
54.   Vehicle access to Lots 1, 2, 3 and 5 is limited to Glenridge Drive and the new road only. A
      clause must be included in the contract of sale for Lots 1, 2, 3 and 5 which prohibits vehicle
      access being taken from McKinnon Drive.
      The following property notation, or similar, will be added to Council’s rates records for Lots
      1, 2, 3 and 5:
      No vehicle access is permitted to this property from the McKinnon Drive.
      Stormwater Drainage
55.   Stormwater runoff from the development must be disposed of on-site without causing scour
      or damage to the subject site or any adjoining property.
      Services
56.   Underground reticulated electricity and telecommunication services must be provided to Lots
      1 - 7 in accordance with the standards and requirements of the relevant service provider.
57.   Unless otherwise stipulated by telecommunications legislation at the time of construction, the
      development must be provided with all necessary conduits, pits and pipes to accommodate
      the future connection of optic fibre technology telecommunications.
58.   Certification must be submitted to Council from all relevant service providers (Energex and
      NBN) which certifies that the development has met the requirements of this Decision Notice
      and all applicable legislation at the time of construction.
      Easements
59.   Easements for drainage purposes must be registered in favour of Council against the title of
      all lots. The easements must fully contain those parts of the subject site below the 1%AEP
      flood level.
60.   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

                                                                                      Page 33 of 39

Section 34

GENERAL COMMITTEE MEETING MINUTES                                                   19 APRIL 2022


      against the title of the property.
61.   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.
62.   All works must be kept clear of any existing or proposed easements on the subject land,
      unless agreed otherwise in writing by the Grantee.
      Earthworks and Retaining Walls
63.   All fill and associated batters must be undertaken in accordance with an Operational Works
      approval, and be generally in accordance with drawing No. 21598-P003, Revision B
      prepared by TOD engineering dated 21 March 2022 and the approved flood investigation or
      as amended by conditions herein. The earthworks must be completed prior to the sealing of
      the survey plan for Stage 2.
      Damage to Services and Assets
64.   Any damage caused to existing services and assets as a result of the development works
      must be repaired at no cost to the asset owner at the following times:
      a.    where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
            or
      b.    where otherwise, upon completion of the works associated with the development.
      Any repair work which proposes to alter the alignment or level of existing services and assets
      must first be referred to the relevant service authority for approval.
B.    Include the following property notes against the subject property in Council’s property record
      system:
      RAL21/0033 - Property Access Driveway
1.    The following notation applies to the approved lots:
      Private Certifiers, owners and prospective purchasers are notified that special access
      requirements apply to this parcel of land. Contact Council's Planning Department for Details.
      RAL21/0033- Property Access
2.    The following notation applies to approved lots 1, 2, 3 and 5:
      No vehicle access is permitted to this property from the McKinnon Drive.
      RAL21/0033- Property Access
3.    The following notation applies to the approved lots:
      The access road to this property may be cut during flood periods. No alternative access is
      available.
      RAL21/0033 – Vegetation Protection Covenant
4.    The following notation applies to the approved lots:
      A Vegetation Protection Covenant applies to this lot. No clearing of vegetation is to occur
      within the covenanted area, except where in accordance with the terms of the covenant.
      RAL21/0033 – Ecological Preservation
5.    The following notation applies to the approved lots:
      To ensure the protection of vegetation on this lot, any dwelling on this lot is required by
      Council Approval RAL21/0033 to be constructed within the building envelope nominated on
      the approved Lot Reconfiguration proposal plan (see Council file reference RAL21/0033).


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Section 35

GENERAL COMMITTEE MEETING MINUTES                                                    19 APRIL 2022


      A “no clearing zone” applies to this property for the purpose of vegetation protection. The
      landowner must maintain the property in accordance with the ecological preservation
      conditions of Council Approval RAL21/0033.
      RAL21/0033 – Bushfire Management
6.    The following notation applies to the approved lots:
      To ensure the safety of people and property on this property is maintained, all buildings and
      structures must be sited and constructed in accordance with the bushfire management
      conditions of Council Approval RAL21/0033 and associated Operational Work approvals.
      RAL21/0033 – Control of Domestic Cats
7.    The following notation applies to the approved lots
      Domestic cats are permitted on this lot provided that they are permanently confined within
      buildings or cat enclosures. This requirement is designed to protect lower canopy and ground
      nesting and feeding birds which occur proximate to the lot.
C.    Request that the Chief Executive Officer investigate the impacts of flooding on development
      in the Cooroibah area as part of the preparation of Local Disaster Management Plan for the
      Cooroibah Area and as part of future planning scheme amendments.
For:        Crs Wilkie, Stockwell, Wegener and Stewart.
Against:    Crs Finzel, Cr Jurisevic
                                                                                             Carried.
Cr Lorentson returned to the meeting.




9     PEREGIAN BEACH SURF LIFESAVING CLUB – NEW LEASE REQUEST
Committee Recommendation
Moved:            Cr Wilkie
Seconded:         Cr Lorentson
That Council note the report by the Property Manager to the Services & Organisation Committee
Meeting dated 12 April 2022 and
A.    Authorise the CEO to enter into negotiations for a 10-year lease to Peregian Beach SLSC
      Inc. over Lot 165 MCH5180 (the whole building and surrounds) for Surf Lifesaving Purposes
      at Peregian Beach as generally outlined in the report subject to the Lessee:
      1.    Publishing annual reporting of progress toward establishment of the new Peregian
            Beach SLSC for the first three years of operations;
      2.    Setting aside a suitable area for Surf Lifesaving Queensland to oversee Noosa Shire
            contract lifeguard operations as per the Surf Lifesaving Queensland Sunshine Coast
            Branch proposal;
      3.    Agreeing that opportunities for ratepayer financial support will be by application through
            Council’s community grants program and no commitment is provided by Council for
            direct ratepayer financial support
      4.    Agreeing that building maintenance will be at Council’s discretion subject to its
            independent assessment and asset maintenance planning;
B.    Note Peregian Beach Surf Lifesaving Club Inc’s. request to operate the Peregian Beach
      Markets from May 2022 and authorise the CEO to issue the appropriate permit once Council
      has received a properly made application and undertaken its normal assessment process;
C.    Agree to consider as part of the 2022-2023 budget deliberations the allocation of $71,000

                                                                                      Page 35 of 39

Section 36

GENERAL COMMITTEE MEETING MINUTES                                                 19 APRIL 2022


     per annum plus CPI (for a total of three years) to fund SLSQ contract lifeguard services on
     Saturdays and public holidays in the surf lifesaving patrol season (September to May) for the
     purposes of providing lifesaving service continuity at Peregian Beach;
D.   Agree to consider as part of the 2022-2023 budget deliberations the allocation of $90,000 to
     re-paint the clubhouse building; and
E.   Apply the exception to the requirement for tendering of the lease under Section 236 (1) (b)
     (ii) of the Local Government Regulation 2012 as the lease is to a community organisation.
                                                                          Carried unanimously.




10   FINANCIAL PERFORMANCE REPORT – MARCH 2022
     Committee Recommendation
     Moved:             Cr Jurisevic
     Seconded:          Cr Wegener
     That Council note the report by the Financial Services Manager (Acting) to the General
     Committee Meeting dated 19 April 2022 outlining March 2022 year to date financial
     performance against budget, including changes to the financial performance report with the
     inclusion of key financial sustainability indicators.
                                                                         Carried unanimously.




7.   CLOSED SESSION

     Nil



Meeting closed 4.34pm.




                                                                                   Page 36 of 39

Section 37

GENERAL COMMITTEE MEETING MINUTES                          19 APRIL 2022


Attachment 1 – Cr Lorentson General Committee Report 2 –

22 Kingfisher Drive, Peregian Beach – Subject Site




20 Kingfisher Drive, Peregian Beach




18 Kingfisher Drive, Peregian Beach




                                                           Page 37 of 39

Section 38

GENERAL COMMITTEE MEETING MINUTES                                                19 APRIL 2022


16 Kingfisher Drive, Peregian Beach
16 Kingfisher Drive contains an existing Dwelling House which has a site cover of approximately
42.7% as illustrated in the figure below:




224 David Low Way, Peregian Beach




                                                                                  Page 38 of 39

Section 39

GENERAL COMMITTEE MEETING MINUTES             19 APRIL 2022


Attachment 2 - excerpt from SARA response –




                                              Page 39 of 39

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