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2020-02-17 General Committee Agenda
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AGENDA
General Committee
Meeting
Monday, 17 February 2020
commencing at 10am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson,
Joe Jurisevic, Brian Stockwell, Tony Wellington
“Noosa Shire – different by nature”
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Section 2
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
DEPUTATIONS -
ITEMS REFERRED FROM PLANNING & ENVIRONMENT COMMITTEE -
1 MCU18/0166 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE
SERVICE AND UTILITY - TYPE 3 TOWER, SITUATED AT 244 TABLELANDS
ROAD, COORAN
(Planning & Environment Committee Agenda, 11 February 2020, Item 1, Page 3)
Reason for referral – Significance of the issue
2 OVERVIEW OF PLANNING APPEALS
(Planning & Environment Committee Agenda, 11 February 2020, Item 3, Page 57)
Reason for referral – Significance of the issue
3 ADOPTION OF CONSOLIDATED VERSIONS OF NOOSA SHIRE COUNCIL
LOCAL LAW NO. 1 (ADMINISTRATION) 2015, SUBORDINATE LOCAL LAW NO.
1 (ADMINISTRATION) 2015 AND SUBORDINATE LOCAL LAW NO. 4 (LOCAL
GOVERNMENT CONTROLLED AREAS, FACILITIES AND ROADS) 2015
(Planning & Environment Committee Agenda, 11 February 2020, Item 4, Page 66)
Reason for referral – Significance of the issue
ITEMS REFERRED FROM SERVICES & ORGANISATION COMMITTEE -
4 NOOSA COMMUNITY HEALTH AND WELLBEING PLAN 2019-2024
(Services & Organisation Committee Agenda, 11 February 2020, Item 1, Page 3)
Reason for referral – For further consideration
REPORTS DIRECT TO GENERAL COMMITTEE 3
5 DBW19/0031 - DEVELOPMENT PERMIT FOR BUILDING WORKS ASSESSABLE
AGAINST THE PLANNING SCHEME - DETACHED HOUSE (COASTAL
PROTECTION), SITUATED AT 102 LORIKEET DRIVE, PEREGIAN BEACH 3
6 FINANCIAL PERFORMANCE REPORT - JANUARY 2020 15
7 FURTHER REPORT - RAL18/0023 DEVELOPMENT APPLICATION FOR
RECONFIGURATION OF A LOT (1 LOT INTO 23 LOTS) AT 28 EENIE CREEK
ROAD, NOOSAVILLE 28
CLOSED SESSION -
Page 2 of 47
Section 3
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
REPORTS DIRECT TO GENERAL COMMITTEE
5 DBW19/0031 - DEVELOPMENT PERMIT FOR BUILDING WORKS ASSESSABLE
AGAINST THE PLANNING SCHEME - DETACHED HOUSE (COASTAL PROTECTION),
SITUATED AT 102 LORIKEET DRIVE, PEREGIAN BEACH
DOCUMENT INFORM AT ION
Author Development Planner, Nadine Kirley
Environment and Sustainable Development Department
Index ECM/Application/DBW19/0031
Attachments 1. Proposal Plans (Note: Attachment has been provided separately to this report)
APPLICATION DETAILS
Applicant Ahisma Nominees Pty Ltd
Proposal Building Work - Detached House (Coastal Protection)
Properly Made Date 15 November 2019
Information Request Date 25 November 2019
Information Response Date 12 December 2019
Decision Due Date 06/March 2020
Number of Submissions Not Applicable
PROPERTY DETAILS
Property Address 102 Lorikeet Dr Peregian Beach Qld 4573
RP Description Lot 524 P 93121
Land Area 513 m²
Existing Use of Land Detached House
STATUTORY DETAILS
SEQRP Designation Urban
Locality Eastern Beaches
Zone Detached Housing
Overlays Natural Resources Overlay
Assessment Type Code
Page 3 of 47
Section 4
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting
dated 17 February 2020 regarding Application No. DBW19/0031 for a Development Permit for
Building Work - Detached House (Coastal Protection) situated at 102 Lorikeet Drive, Peregian
Beach and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to 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
SD 1.00 E Schematic Design Site Plan (as amended by 24/10/2019
Council)
SD 1.01 E Schematic Design Basement Floor Plan 24/10/2019
SD 1.02 E Schematic Design Ground Floor Plan 24/10/2019
SD 1.03 E Schematic Design First Floor Plan 24/10/2019
SD 1.04 E Schematic Design Roof Plan 24/10/2019
SD 2.00 E Schematic Design North and South Elevations (as 24/10/2019
amended by Council)
SD 2.01 E Schematic Design East & West Elevations 24/10/2019
SD 4.00 F Schematic Design Section A & B (as amended by 09/12/2019
Council)<
SD 4.01 E Schematic Design Section C & D (as amended by 24/10/2019
Council)
SD 4.02 E Schematic Design Sections 1 & 2 (as amended by 24/10/2019
Council)
SD 4.03 E Schematic Design Sections 3 & 4 (as amended by 24/10/2019
Council)
SD 5.01 E Schematic Design Concept Images 24/10/2019
SD 5.02 E Schematic Design Concept Images 24/10/2019
SD 5.04 E Schematic Design Concept Images 24/10/2019
SD 5.05 E Schematic Design Concept Images 24/10/2019
Page 4 of 47
Section 5
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Setback
3. The setback to the rear boundary must be a minimum of 6.0m to the building wall.
4. Only cantilevered building elements may be built within the reduced rear setback
area in accordance with amendments by Council shown on the approved plans.
Building Height
5. The maximum height of the development must not exceed 8 metres above the
finished ground level and the natural ground surface.
6. Certification must be submitted to Council from a Licensed Surveyor prior to issue of
a certificate of classification which certifies that the building does not exceed the
maximum height requirement of this Decision Notice.
7. No part of the Class 10a storeroom on the southern boundary of the site is to exceed
3.5 metres above natural ground level within the 1.5m side boundary setback area.
Currency Period
8. The Currency Period for this development approval lapses if the development has not
commenced and all conditions have not been complied with within 4 years of the
commencement of the approval, unless an application to extend the currency period
is approved by Council.
Performance Bond
9. Security in the form of a cash bond or trading bank guarantee to the sum of
$10,000.00 must be submitted to Council prior to the issue of a Development Permit
for Building Works to secure performance of all conditions of this approval. The cash
bond or trading bank guarantee will be returned on performance of the conditions of
approval less any costs incurred by Council in respect of enforcing performance of
this permit. Council reserves the right to call upon the bond or guaranteed sum to
effect compliance with conditions.
Landscaping
10. A minimum of 20% of the site must be retained as soft landscaping.
11. A minimum 5 metre wide soft landscape buffer must be provided along the eastern
site boundary with no more than 5m2 of paved or impervious area located in the 5
metre setback as annotated by Council on the approved plans.
12. Native trees and shrubs selected from the preferred plant species list for Coastal
Beachfront Areas in Planning Scheme Policy PSP03 Landscaping Plants and
Guidelines are to be planted in the 5 metre landscape buffer. Vegetation must be
planted to cover at least 50% of the 5 metre setback area between the proposed
detached house and the eastern boundary of the site in accordance with Council’s
Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. The remaining
50% may be planted turf species capable of withstanding coastal environment
otherwise must be planted out with native trees and shrubs. The planted vegetation
must have a minimum pot size of 140 mm and consist of native, endemic species
with a mature over-storey height of not less than 1.5 metres and a maximum spacing
of 3.0 metre centres.
13. All landscape works must be maintained generally in accordance with the approved
design for the life of the development.
Site Access and Driveways
14. A sealed access driveway must be provided from Lorikeet Dr to the proposed garage
of the development. The works must be undertaken generally in accordance with the
approved plans and must be undertaken under a Road Reserve permit.
Page 5 of 47
Section 6
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Stormwater Drainage
15. Stormwater runoff from the development must be disposed of on-site without causing
scour or damage to the subject site or any adjoining property. The works must be
undertaken in accordance with a site specific Stormwater Management Plan
(SWMP), prepared by a suitably qualified person. The SWMP must include an onsite
infiltration system without the need for pumps.
16. The site specific SWMP must be approved as part of the subsequent Building Permit.
Easements
17. 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.
18. 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.
19. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
20. All works must be carried out in accordance with a Geotechnical Report (or part
thereof) prepared by a qualified person* and endorsed through the Building Permit.
*(Refer to Advisory Notes)
Earthworks and Retaining Walls
21. All earthworks must be contained entirely within the subject site unless written
permission from the respective landowner(s) is provided to Council. All earthworks
must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
22. Where the development involves excavation or filling over, or adjacent to, drainage,
water supply or sewerage infrastructure, all access chamber surface levels must be
adjusted to provide a freeboard of 100mm above the finished ground surface level.
23. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All
retaining walls that are publicly accessible and exceed 1.0m in height must be fitted
with a commercial grade safety fence.
24. All earthworks must be undertaken in accordance with the recommendations of
report: “Site Investigation Data and Indicative Potential Acid Sulfate Soil Report”,
prepared by CSI Soil Testing Pty Ltd, dated 29/01/2020
Coastal Protection
25. Gates must not be installed along the eastern property boundary to gain direct
access to the beachfront.
26. External colours and finishes of the building must comprise of muted/environmental
tones that blend with the natural environment.
B. Find the following matters relevant to the assessment and sufficient reason to approve the
application:
1. The cantilevered design of the building results in no significant impact to the natural
coastal processes of the dunal system.
Page 6 of 47
Section 7
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
2. The reduced setback of the building does not encroach into the area of the 2100
coastal erosion mapping prepared in conjunction with Council’s Draft Coastal
Hazards Adaptation Plan.
3. The proposal includes soft landscaping within the 5 metre setback area including
native planting and turf and a small area of impervious paving up to approximately 5
metres in area.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks a reduced setback to the rear boundary of the lot adjoining the coastal dune
area of Peregian Beach. The proposed detached house is proposed to be constructed on the
site to include basement parking and two upper levels of living area. The overall height of the
proposed building is within the maximum 8 metre height limit. The applicant seeks approval for a
reduction in the setback to the building on the rear, coastal boundary. Ground floor deck and
upper level balcony elements are proposed to cantilever into the 6 metre setback area by 1 metre
for the full width of the building. The eave overhang on the upper level extends a further 900mm
into the setback area at approximately 7.26m above ground level. The setback to the wall of the
basement is consistent with the 6 metre setback sought by the Natural Hazards Overlay Code.
Resulting setback variations would be 5.0 metres to the face of the balcony and deck, and 4.1
metres to the outermost projection of the roof overhang.
Artist impressions of the proposed building show perspective views from the west and east in
Figure 1, Figure 2 and Figure 3 below. Figure 4 illustrates the floor plan of the ground level
and the proposed setbacks to the basement wall (6.0 metres), cantilevered deck and balcony
(5.0 metres) and the upper level roof overhang (4.1 metres).
Figure 1: Western perspective from Lorikeet Drive
Page 7 of 47
Section 8
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Figure 2: Perspective from rear illustrating cantilevered building elements.
Figure 3: Perspective from rear illustrating 6 metre setback to basement wall beneath cantilevered deck.
Page 8 of 47
Section 9
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Figure 4: Ground Floor Plan showing cantilever and landscaped area in setback.
2. SITE DETAILS
2.1. Background
An existing dwelling was established on the site and recently demolished with the approval of a
prior development application for a new detached house. The applicant is seeking approval for a
new building design on the property.
2.2. Site Description
The subject site is an irregular shaped lot which is currently vacant residential land following the
recent removal of the existing house. The land is gently sloping to the east with a fall of
approximately 1.5m. Existing fencing is located along the side and front boundaries. The rear
boundary is unfenced. An existing sewer gravity main and house connection are located in the
rear setback area for the full width of the site. he site contains no significant vegetation. Figure 5
below shows the current vacant site location.
Page 9 of 47
Section 10
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Figure 5: Site Location
2.3. Surrounding Land Uses
The site is located within a residential area with premises to the north, south and opposite on the
western side of Lorikeet Drive being existing detached dwellings. The eastern boundary of the
site abuts the dune area of the coastal zone which is predominantly vegetated.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against the assessment
benchmarks in the Noosa Plan and having regard to any matters prescribed by regulation.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban area of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
Building Works Code
Natural Resources Overlay Code
Page 10 of 47
Section 11
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Locality Provisions
The subject site is located in the Eastern Beaches Locality and is zoned Detached Housing. The
proposed use is identified as a consistent use within the zone.
Land Use & Works Provisions
Building Works Code
The application has been assessed against the building works code. The pertinent issues arising
out of the assessment against the code are discussed below:
Code Outcome Discussion
Setbacks The probable solution for this Specific Outcome requires
development to meet the minimum setbacks stated in
O1 Buildings and other structures are
Schedule 1 – Minimum Boundary Setbacks.
appropriately designed and sited to—
Schedule 1 provides that premises in the Eastern Beaches
a) provide amenity for users of the
Coastal Protection Area have a minimum setback no further
premises as well as preserve the
seaward than the coastal building line or in accordance with
visual and acoustic privacy of
the Coastal Protection Area provisions of the Natural
adjoining and nearby land uses;
Resources Overlay Code (which requires a 6m setback from
b) preserve any existing vegetation the rear boundary), whichever is the greater.
that will buffer the proposed
The proposed development is seeking approval for a 4.1
building from adjoining uses;
metre minimum setback to the outermost projection (OMP) of
c) allow for landscaping to be the building. The proposed upper level balcony and ground
provided between buildings; level deck are cantilevered into the setback area to a setback
of 5 metres to the face of these building elements. The roof
d) maintain the visual continuity and
overhang on the upper level extends a further 900mm to result
pattern of buildings and
in the 4.1 metre setback to the OMP. The basement wall
landscape elements within the
setback remains consistent with the 6.0 metre setback.
street;
Consequently, no part of the building structure touches the
e) for class 10a buildings, do not ground within the setback area.
visually dominate the street;
The cantilevered building design is unlikely to result in any
f) avoid any significant adverse significant adverse impacts on the natural values of the
impacts on the natural values of foreshore or the natural cycles of erosion and accretion in the
watercourses and their dune areas. The lower deck extends for the full width of the
foreshores, including those of the building with a finished floor level approximately 900mm above
Noosa River and its lakes; and the ground. The upper balcony is approximately 4.05 metres
above ground level and the roof overhang another 3.2 metres
g) do not interrupt the natural cycles higher again. Visual continuity will be maintained as adjacent
of erosion and accretion of premises are setback similar distances from the rear
watercourses and foreshore boundary.
areas.
No significant vegetation exists on the site. The applicant is
proposing a combination of turf and native planting in the
reduced 5 metre setback area. Planting will assist in
stabilising the sandy soils, minimising potential erosion.
The proposal is considered to comply with O1 of the code.
Page 11 of 47
Section 12
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Natural Resources Overlay Code
The application has been assessed against the Natural Resources Overlay Code. The pertinent
issues arising out of the assessment against the code are discussed below:
Code Outcome Discussion
Coastal Protection Areas The Probable Solution for this Specific Outcome seeks to
maintain a minimum 5 metre width of native landscaping
O18 The siting and design of
including groundcovers, shrubs and trees in the setback area
development and materials used
seaward of the proposed building to protect the coastal dune
within the Coastal Protection Area, as
system.
identified on the Natural Resources
Overlay Maps, do not cause any The applicant proposes to include a landscaped area of 5
significant adverse impacts on the metres which includes turf and native planting in accordance
coastal resources of the location nor with PSP03 Landscaping Plants & Guidelines. A concrete
interrupt the natural cycles of erosion bench seat and paved area is proposed in the north-eastern
and accretion of foreshore areas and corner of the site. Figure 6 below this table, is an extract from
beaches. the site plan which illustrates the proposed hard landscaping
in the rear setback area. The small section of hard
landscaping in this instance is considered acceptable provided
the remainder of the setback area is soft landscaping
comprising 50% of the remaining area as planted trees and
shrubs and 50% turf. A condition requiring no more than 4m2
of hard landscape can be applied to the decision notice if
approved to ensure that the predominant landscaped area is
pervious, soft landscape treatment.
The cantilevered building design is unlikely to result in any
significant adverse impacts on the natural values of the
foreshore or the natural cycles of erosion and accretion in the
dune areas as the encroachment into the setback area is
above ground level.
The proposal is considered to comply with O18 of the code.
O21 Where a coastal building line No coastal building line exists on this property. The proposed
does not exist on properties fronting cantilevered elements of the building will encroach by 1 metre
the beachfront or a reserve adjoining to the lower deck and upper balcony with the roof overhang on
the beachfront– buildings, other the upper level encroaching a further 900mm.
structures and retaining walls are
The proposal does not comply with Specific Outcome O21.
setback a minimum of 6m from the
seaward boundary of the site. The Natural Resources Overlay Code Overall Outcomes
require that in coastal protection areas, development:-
i does not adversely impact upon natural coastal
processes; and
ii is designed and sited to protect the natural beach
experience and visual amenity enjoyed by residents and
others.
Building foundations and basement excavation is proposed to
be setback in accordance with the code requirements and only
cantilevered elements encroach into the setback area. With
no physical connection to the ground, little or no impact on the
natural processes of the coastal area is likely. The reduced
setback of the cantilevered elements are also unlikely to result
in the natural beach experience and visual amenity of the area
being compromised in this instance.
Page 12 of 47
Section 13
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Hard landscaping in the 5 metre
setback area roughly 4-5m2 is
minor in the overall landscaping
Applicant proposes planting in this
area in accordance with Planning
Scheme Policy PSP03
Proposed turf
Figure 6: Extent of hard landscaping proposed in 5 metre setback area
4. DRAFT PLANNING SCHEME
The Draft New Noosa Plan identifies the site within the Low Density Residential Zone. The site is
subject to the Coastal Protection and Scenic Amenity Overlay in the draft scheme. The minimum
rear boundary setback in the draft planning scheme is identified as 6 metres in the Coastal
Protection and Scenic Amenity Overlay which is consistent with the current scheme
requirements.
5. CONSULTATION
5.1. Referral Agencies
No external referral was required in relation to this application.
5.2. Other Referrals
The application was forwarded to the following internal Council officers:
Principal Strategic Planner
Environmental Officer
The application was referred to Council’s Principal Strategic Planner for comment on the rear
boundary relaxation in respect of the building’s proximity to the draft coastal protection overlay
and draft erosion hazard mapping. The Principal Strategic Planner has advised that draft erosion
hazard mapping is currently being refined and is likely to have less of an impact on this particular
site than initially modelled.
Page 13 of 47
Section 14
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
As the proposal seeks to preserve the 5 metre landscaped buffer within the setback area, this is
likely to provide added stability and therefore the cantilevered design is considered appropriate in
this instance.
No further issues have been raised as a result of the internal referrals noted above.
6. CONCLUSION & REASONS FOR DECISION
The proposed development to construct a detached house consisting of a basement level,
ground level and upper level seeks a boundary relaxation to the rear, coastal boundary. The
encroaching elements of the building include ground floor deck, upper balcony and upper level
roof overhang resulting in a minimum setback of 4.1m to the OMP on the roof overhang and 5m
to the face of the deck and balcony. The basement level is set back the required 6 metres from
the boundary. The Natural Resources Overlay applies to the development and requires in a
Specific Outcome of the code, a minimum 6 metre setback. The purpose of the overlay code is to
protect the coastal processes and dunal systems and mitigate the impact of erosion in the
coastal zone. Draft coastal hazard mapping demonstrates that current modelling excludes this
site from the potential erosion prone area. With the cantilevered design, the proposal is
considered to have little or no detrimental effect on the natural coastal processes as the building
elements do not touch the ground.
The application is recommended to the Council for approval.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
X
Design and Delivery
Page 14 of 47
Section 15
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
6 FINANCIAL PERFORMANCE REPORT - JANUARY 2020
DOCUMENT INFORM AT ION
Author Manager Financial Services, Trent Grauf
Corporate Services Department
Index ECM/ Subject/ 22.09 – Monthly Financial Performance Report
Attachments 1. Statement of Income and Expenditure (Profit & Loss and Capital)
2. Statement of Financial Position
3. Statement of Cash Flows
EXECUTIVE SUMMARY
Year to date (YTD) operating performance against current budget as at 31 January 2020 is
positive, with operating revenue continuing to track above budget and operating expenditure
below budget. The YTD operating position, both budget and actual, is significant reflecting the
recognition of revenue associated with rates and charges levied in January. This position will
degrade over the next five months as services funded by rates and charges are delivered.
YTD Financial Performance Summary
Budget Actual Variance Variance
Status
$m $m $m %
Operating Revenue $86.8 $87.8 $1.0 1.2% On Track
Operating Expense $55.5 $53.8 $1.8 3.2% On Track
Operating Position $31.2 $34.0 $2.8 8.9%
Capital Revenue $3.3 $4.4 $1.1 32.2% Above Budget
Capital Expenditure* $12.7 $12.5 $0.2 1.5% On Track
* Reflects constructed assets and intangibles only (excludes contributed)
Financial statements including Statement of Income & Expenditure, Statement of Financial
Position (balance sheet), and Statement of Cash Flows are included as attachments for
information for Council.
Figure 1: Actual Performance Compared to Budget
$100
$86.8 YTD Budget ($m)
$90 $87.8
YTD Actual ($m)
$80
$70
$60 $55.5 $53.8
$50
$40
$30
$20
$10
$-
Operating Revenue Operating Expenditure
Page 15 of 47
Section 16
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
YTD performance against Council’s key measures of financial sustainability have been calculated
as at January 2020. These indicators enable the reader to assess Council’s success in managing
its budget, cash and debt as well as undertaking sustainable asset management. The table
below contains a snapshot of a number of key measures, with full detail included in the report.
YTD Measures of Financial Sustainability
Target Target Current Actual Status
Value Date Budget YTD
Operating Surplus Ratio 0-10% 30 June 2020 0.0% 38.7% On Track
Net Financial Liabilities Ratio <60% Ongoing -9.4% -51.1% Above Target
Cash Cover Ratio 3 months Ongoing 6.6 months 9.4 months Above Target
Asset Sustainability Ratio > 90% 30 June 2020 108% 43.1% On Track
RECOMMENDATION
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 17 February 2020 outlining January 2020 year to date financial performance
against budget, including key financial sustainability indicators.
REPORT
Operating Revenue (YTD Benchmark 58.3%)
Council has received 88% ($87.8 million) of its operating revenue budget ($99.9 million).
Commentary on each revenue category is provided below.
Category Summary Comments
Rates and Levies $70.0 million (102%) of the General rates $145k above YTD budget (100%
annual budget of $68.7 or $51.1 million of $51.0 million budget earned)
million has been earned Waste utility charges $333k above YTD budget
(100% or $13.1 million of $12.8 million budget
earned)
Fees and $4.8 million (72%) of the $6.7 Development related fees $37k above YTD
Charges million annual budget has budget (81% or $1.3 million of $1.6 million
been earned budget earned)
Cemetery fees $51k above YTD budget (81%
or $185k of $229k budget earned)
Community land use permits $37k above YTD
budget (69% or $284k of $410k budget
earned)
Plumbing application fees $27k above YTD
budget (69% or $671k of $971k budget
earned)
Building application fees $40k below YTD
budget (53% or $340k of $730k budget spent)
Sale of Goods $5.6 million (55%) of the Noosa Leisure Centre $45k above YTD budget
and Services $10.1 million budget has (64% or $365k of $575k budget earned)
been received Holiday Park sales $69k below YTD budget
(54% or $1.7 million of $3.9 million budget
earned) – 1 month delay in planned opening of
North Shore Campground offset by lower
expenditure
Page 16 of 47
Section 17
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Category Summary Comments
Noosa Aquatic Centre admission and other
revenue $22k below YTD budget (53% or
$798k of $1.5 million budget earned)
Waste disposal fees $136k below YTD budget
(55% or $2.3 million of $4.3 million budget
earned)
Interest $928k (66%) of the $1.4 Interest on overdue rates and charges $54k
Received million annual budget has above YTD budget (64% or $254k of $400k
been earned budget earned)
Investment revenue $50k above YTD budget
(67% or $674k of $1.0 million budget earned)
Recent downward movements in interest rates
will be monitored over the next few months for
any negative impact on overall interest
revenue budget
Other Revenue $1.5 million (65%) of the $2.3 On track
million budget has been
earned
Operating $2.8 million (57%) of the $5.0 50% or $1.1 million of the financial assistance
Grants, million budget has been grant was again prepaid in June 2019 and may
Subsidies received impact on Council’s 2019/20 final operating
position if the prepayment approach is
discontinued by the Australian government
All other operating grants are in line with
budget forecasts at this stage
Unitywater On track Unitywater distributions are fixed each year so
Distributions little budget variance risk
Figure 2: Operating Revenue Position by Type (Excluding Rates)
$7.0
$5.7 $5.6 YTD Budget ($m)
$6.0
YTD Actual ($m)
$4.8
$5.0
$4.3
$4.0
$3.0 $2.7 $2.8
$2.1 $2.1
$2.0
$0.8 $0.9 $0.9 $0.8 $0.6 $0.7
$1.0
$0.0
Charges
Other
Goods &
Income
Grants
Unitywater
Services
Sales of
Rental
Interest
Fees &
Share of
Page 17 of 47
Section 18
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Operating Expenditure (YTD Benchmark 58.3%)
Actual operating expenditure is currently 54% ($53.8 million) of full year budget ($99.8 million).
Detailed commentary for each expenditure category is provided below.
Category Summary Comments
Employee Costs $18.4 million (55%) of the Under expenditure for permanent staff salaries
annual budget of $33.5 and wages ($1.9 million) partially offset by
million has been expended additional spend on casual staff and external
labour hire ($633k)
Employee overtime and allowances $290k
above YTD budget (90% or $855k of $953k
budget spent) in part due to recent fire events
Staff training $39k below budget (25% or $86k
of $337k budget spent)
Materials and $23.4 million (45%) of the Waste Management materials and services
Services $45.8 million annual budget $338k below YTD budget (52% or $5.5 million of
has been expended. $10.6 million budget spent)
Library services $124k below YTD budget (43%
or $462k of $1.1 million budget spent) – timing
of library collection purchases and programs
Parks & Gardens operations and maintenance
programs $108k below YTD budget (50% or
$2.2 million of $4.3 million budget spent) –
timing of arborist work and park maintenance
pending wet weather events
Holiday Parks $90k below YTD budget (52% or
$712k of $1.4 million budget spent) – delay in
planned opening of North Shore Campground
offset by lower revenue
Community Properties $75k below YTD budget
(32% or $143k of $444k budget spent) – timing
of maintenance and utility charges
Public Amenity materials and services $68k
below YTD budget (49% or $241k of $495k
budget spent)
Public Utility costs $67k above YTD budget
(128% or $122k of $95k spent) – emergent
lighting works on David Low Way and at Noosa
Woods
Disaster Management $100k above YTD budget
(419% or $100k of $27k budget spent) – staff,
traffic control and other contract costs
associated with recent fire events. QRA grant
claim has been submitted to partially recover
costs.
Hasting Street Maintenance Levy $162k above
YTD budget (171% or $384k of $225k budget
spent) – tree lighting replacement program to be
funded from reserve in BR3
Development assessment legal appeals costs
$249k above YTD budget (76% or $836k of $1.1
million budget spent) – slightly offset by
increased revenue
Finance Costs On track Nil
Depreciation On track Nil
Other Expenses On track Nil
Page 18 of 47
Section 19
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Figure 3: Operating Expenditure Position by Type
$30.0
YTD Budget ($m)
$24.5 $23.4
$25.0 YTD Actual ($m)
$19.1 $18.4
$20.0
$15.0
$10.9 $10.9
$10.0
$5.0
$0.9 $0.9 $0.1 $0.1
$0.0
Finance Costs
Materials
Depreciation
Employees
Other
Capital Revenue
YTD capital revenue of $4.4 million received comprises cash contributions from developers ($1.4
million) and capital grants ($2.9 million). Included in the capital grants is an additional amount of
$1 million received to fund bushfire disaster recovery activities.
Note that the timing of capital grant receipts are generally dependent on the timing of grant
conditions and also capital delivery performance, and that the timing of the receipt of developer
contributions (both cash and contributed) is unpredictable.
Figure 4: Capital Revenue by Type
$3.5
$2.9
$3.0
YTD Budget ($m)
$2.5 YTD Actual ($m)
$2.0 $1.8
$1.5 $1.4 $1.4
$1.0
$0.5
$0.1 $0.1
$0.0
Subsidies
Contributions
Contributed
Grants /
Assets
Cash
Page 19 of 47
Section 20
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Capital Program
Actual capital expenditure (excluding contractual commitments) is $12.5 million (YTD budget
$12.7 million). Detailed discussion of progress in the delivery of the capital works program is
provided through a separate report by the Asset Planning Manager.
Figure 5: Capital Program Delivery Performance
$12.0 $11.3 $11.1
$10.0 YTD Budget ($m)
YTD Actual ($m)
$8.0
$6.0
$4.0
$2.0 $1.4 $1.4
$0.0
Capital works Other capital
Cash Management and Investment Performance
Total cash on hand at the end of January was $62 million, including funds held in trust and for
restricted purposes (e.g. unexpended levy and grant funds), the prepaid financial assistance
grant, January rate levy funds beginning to flow in, and unspent monies committed for funding
capital projects which are underway and will continue during the financial year.
The following pie charts present the mix of cash held at January 2020 by agency (graph on the
left) and by credit risk rating (graph on the right). All funds have been invested in accordance with
the Investment Policy and in consideration of the principles of ethical investment, preservation of
capital, return on investment and counterparty thresholds.
Figure 6: Closing Cash Held by Agency and Credit Rating
Bendigo A3
3% (Bendigo)
CBA A1 + 3%
16% (CBA + NAB +
Wpac)…
A1 +
QTC (QTC)
81% 81%
Page 20 of 47
Section 21
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
The following chart monitors the 12-month trend on total cash and the agencies invested. Bi-
annual rates were levied again in January. While the bulk of cash from the rates levy is forecast
to be received in February, early payments during January provided for in increase in cash
overall of $7 million. This will reinvested in February in line with Council’s Investment Policy.
Figure 7: 12 Month Trend of Cash Invested by Agency
90,000,000
80,000,000
70,000,000
60,000,000
50,000,000
40,000,000
30,000,000
20,000,000
10,000,000
-
Feb-19 Mar-19 Apr-19 May-19 Jun-19 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20
Bendigo TD Westpac TD NAB TD Suncorp TD CBA TD QTC CBA Operating
Measures of Financial Sustainability
The following table incorporates a set of financial sustainability indicators to further assist in
managing Council financial performance. There are no current material emerging risks regarding
performance for the first half of the financial year.
Category Comments
Operating Surplus Ratio Intent: Identifies the extent to
which revenues cover
operational expenses, to ensure
community equity is not
degraded
Target: 0 – 10%
Target Date: 30 June
Result: 38.7%
Comment: The ratio is at the
second peak for the year with
the levying of January rates.
Page 21 of 47
Section 22
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Category Comments
Cash Expense Cover Intent: Indicates how long
council can continue paying its
day-to-day expenses from cash
at bank without needing
additional cash flows
Target: > 3 months
Target Date: Ongoing
Result: 9.4 months
Comment: Council is forecast
to remain above target for the
financial year and remain
fiscally flexible to accommodate
unforeseen events. Peaks will
occur following rating periods
Asset Sustainability Ratio Intent: Measures the extent to
which assets are being replaced
as their condition degrades to
ensure service potential is
maintained
Target: 90% of depreciation
budget spent on renewals
annually
Target Date: 30 June
Result: In line with budget
Comment: The ratio has been
revised at Budget Review 2 with
the revised capital budget. The
actual result will progressively
increase each month as
expenditure on renewal projects
occurs.
Net Financial Liabilities Ratio Intent: Outlines the level that
net Council debt can be
serviced by operating revenues.
A ratio below zero implies that
liabilities are less than cash
(and other current assets) and
there is adequate borrowing
capacity available if needed.
Target: less than 60%
Target Date: Ongoing
Result: (51.1%)
Comment: Council has low
debt levels and strong cash
holdings reflected in the YTD
result.
Page 22 of 47
Section 23
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Category Comments
Investment Return Intent: Ensure appropriate
return on investment yield for
cash at bank.
Target: 0.25% above current
Bloomberg commonwealth 10
year bond rate yield (February =
0.97%)
Target Date: Ongoing
Result: 1.55%
Comment: Regardless of the
steady decline in long term
bond rates (due to international
market factors), Council’s
investment return still remains
above target
Rates in Arrears Intent: Ensuring that the
amount of unpaid rates remains
sustainable and does not
negatively impact cash flows
Target: 5% industry benchmark
Target Date: Ongoing
Result: 5.6%
Comment: Arrears % slightly
above target. Debt recovery
measures are continuing.
Previous Council Consideration
Nil.
Finance
As above.
Risks & Opportunities
Council’s risk register includes a number of risks that could impact on ongoing financial
sustainability. Effective budget management and reporting is an important risk mitigation tool.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
All areas of Council are consulted as part of the regular monitoring of budget performance.
Page 23 of 47
Section 24
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Departments/Sections Consulted:
X Chief Executive Officer X Community Services X Corporate Services
Executive Officer Director X Director
Executive Support Community Development X Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
X Executive Services X Environment & Sustainable Development X Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 24 of 47
Section 25
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Page 25 of 47
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Noosa Council ATTACHMENT 1
Statement of Income and Expenditure
For the Year Ended 30 June 2020
As at 31 January 2020
Current Current
Budget Budget Actual Variance Annual
2020 YTD YTD YTD Budget
($'000) ($'000) ($000) ($'000) %
Profit and Loss Statement
Revenue
Recurrent Revenue
Rates, levies and charges 68,702 69,569 70,012 443 102%
Fees and charges 6,642 4,313 4,780 467 72%
Interest received 1,410 824 928 104 66%
Sale of Goods and major services 10,127 5,735 5,573 (162) 55%
Sale of contract and recoverable works 23 - 1 1 2%
Rental & lease income 1,296 857 807 (50) 62%
Other income 985 638 705 67 72%
Grants, subsidies, contributions and donations 4,999 2,686 2,830 144 57%
Unitywater Distributions 5,650 2,133 2,133 - 38%
99,833 86,755 87,769 1,014 88%
Expenses
Recurrent Expenses
Employee benefits 33,517 19,106 18,432 (675) 55%
Materials and services 45,863 24,472 23,362 (1,111) 51%
Finance costs 1,528 891 916 24 60%
Depreciation 18,713 10,916 10,916 0 58%
Other expenses 188 138 135 (2) 72%
99,809 55,524 53,760 (1,764) 54%
Operating Result 24 31,231 34,009 2,778
Summary of Capital Revenue and Expenditure
Capital Funding
Capital cash contributions and infrastructure charges 2,134 1,354 1,351 (3) 63%
Contributed assets 2,000 112 112 - 6%
Capital grants and subsidies 5,281 1,830 2,895 1,065 55%
Cash / revenue 27,337 11,407 11,351 (56) 42%
New loan borrowings - - - - 0%
Other capital revenue - - - - 0%
Total Capital Revenue 36,753 14,703 15,709 1,007
Capital Expenditure
Contributed assets 2,000 112 112 - 6%
Capital works - constructed assets 26,091 11,298 11,072 (226) 42%
Capital works - other capital 4,781 1,352 1,383 31 29%
Loan repayments 3,880 1,940 2,069 129 53%
Other capital expenses - - 1,073 1,073 0%
Total Capital Expenditure 36,753 14,703 15,709 1,007
Page 25 of 47Section 26
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Page 26 of 47
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Noosa Council ATTACHMENT 2
Statement of Financial Position
For the Year Ended 30 June 2020
As at 31 January 2020
Current Actual Actual
Budget YTD Full Year
2020 2020 2019
($'000) ($'000) ($'000)
Current Assets
Cash and cash equivalents 43,942 62,360 55,981
Trade and other receivables 9,290 36,089 6,666
Inventories 198 201 198
Other current assets 2,466 3,362 4,541
55,897 102,012 67,386
Non Current Assets held for sale - - -
Total Current Assets 55,897 102,012 67,386
Non Current Assets
Trade and other receivables 49,718 49,718 49,718
Other non current Assets - - -
Investments 60,978 60,978 60,978
Investment property 3,300 3,300 3,300
Property, plant and equipment 916,382 886,107 885,912
Intangible assets 7,170 6,397 5,953
Total Non Current Assets 1,037,548 1,006,499 1,005,861
Total Assets 1,093,445 1,108,511 1,073,247
Current Liabilities
Trade and other payables 5,078 11,800 9,594
Borrowings 2,414 1,786 3,112
Provisions 4,630 3,075 4,918
Other 2,778 1,701 2,768
Total Current Liabilities 14,900 18,362 20,392
Non Current Liabilities
Trade and other payables - - -
Borrowings 19,555 21,120 21,120
Provisions 12,054 11,523 11,523
Total Non Current Liabilities 31,608 32,643 32,643
Total Liabilities 46,508 51,006 53,035
Net Community Assets 1,046,937 1,057,505 1,020,212
Community Equity
Asset Revaluation Surplus 68 337 50,809 50,809
Retained Surplus / (Defeciency) - - -
Shire Capital 978,600 969,402 951,918
Current Year Net Earnings - 37,294 17,485
Total Community Equity 1,046,937 1,057,505 1,020,212
Page 26 of 47Section 27
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Page 27 of 47
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Noosa Council ATTACHMENT 3
Statement of Cash Flows
For the Year Ended 30 June 2020
As at 31 January 2020
Current Actual Actual
Budget YTD Full Year
2020 2020 2019
($'000) ($'000) ($000)
Cash flows from operating activities
Cash Flows from Operating Activities
Receipts from Customers 85,969 55,463 92,597
Payments to Suppliers and Employees (84,340) (45,499) (78,821)
1,629 9,964 13,776
Receipts:
Investment and Interest Revenue Received 4,010 2,124 4,763
Rental Income 1,290 807 1,281
Non Capital Grants and Contributions 4,976 2,830 5,447
Income Tax Equivalent Received 1,200 937 1,754
Income from Equity Investments 1,850 - 1,487
Payments:
Borrowing Costs - - -
Interest Expense (1,282) (69) (133)
Net Cash Inflow/(Outflow) from Operating Activities 13,673 16,594 28,375
Cash Flows from Investing Activities
Receipts:
Proceeds of Sale of Property, Plant and Equipment 10 38 383
Grants, Subsidies, Contributions and Donations 7,415 4,246 5,140
Payments:
Payments of Property, Plant and Equipment (28,809) (11,617) (24,848)
Payments for Intangible Assets (2,063) (938) (1,347)
Net Movement in Loans and Advances - 125 (625)
Net Cash Inflow/(Outflow) from Investing Activities (23,447) (8,146) (21,297)
Cash Flows from Financing Activities
Receipts:
Proceeds from Borrowings - - -
Payments:
Repayment of Borrowings (2,264) (2,069) (15,290)
Net Cash Inflow/(Outflow) from Financing Activities (2,264) (2,069) (15,290)
Net Increase/(Decrease) in Cash and Cash Equivalents held (12,038) 6,379 (8,212)
Cash and Cash Equivalents at the beginning of the reporting period 55,981 55,981 64,193
Cash and Cash Equivalents at the end of the reporting period 43,943 62,360 55,981
Page 27 of 47Section 28
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
7 FURTHER REPORT - RAL18/0023 DEVELOPMENT APPLICATION FOR
RECONFIGURATION OF A LOT (1 LOT INTO 23 LOTS) AT 28 EENIE CREEK ROAD,
NOOSAVILLE
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM / Application / RAL18/0023
Attachments 1. Plan of Survey submitted 22 January 2020
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Special Meeting dated 28
October 2019 and the further report to the General Committee Meeting dated 17 February 2020
regarding Application No. RAL18/0023 for a Development Permit for Reconfiguring a Lot – (1 Lot
in 23 Lots) situated at 28 Eenie Creek Road, Noosaville and:
A. Refuse the application for the following reasons:
1. The proposal is contrary to schedule 11, part 2, section 7 of the Planning Regulation
2017 as the development is situated in a koala assessable development area and
does not avoid clearing non-juvenile koala habitat trees in circumstances in which
any significant residual impact of the clearing is unable to be offset.
2. The proposal is contrary to the State Planning Policy as the proposed development
will adversely impact on koala habitat, with koala populations recognised as being
matters of both national and state environmental significance.
3. The proposal is contrary to the State Planning Policy as the proposed development
does not facilitate an appropriate disaster management response and recovery
capacity and capabilities as the emergency access points are unable to be
implemented.
4. The proposed development is contrary to the Overall and Specific Outcomes of the
Noosaville Locality Code as:
i. The proposal does not provide a satisfactory pedestrian and cycle network for
the future development of the area and fails to provide satisfactory linkages with
the existing development in the Shire Business Centre as these are unable to
be implemented.
ii. The proposal fails to ensure a high level of residential amenity as it does not
provide for acoustic fencing to lots 17, 18 and 19 or provide any noise
mitigation measures to existing plant equipment and loading dock areas. The
proposal also fails to address the future amenity of Lot 21.
iii. The proposal fails to provide for suitable retention of existing vegetation to allow
for future development to be within a park like setting.
iv. The proposal will adversely impact on the site’s environmental values.
Page 28 of 47
Section 29
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
5. The proposed development is contrary to the Biodiversity Overlay Code as the
proposal will adversely impact on koala habitat, does not maximise the retention of
existing vegetation, and proposes to prematurely clear significant vegetation
inconsistent with the needs of the community.
6. The proposed subdivision is contrary to the Reconfiguring a Lot Code as:
i. Insufficient provision has been made for walking and cycling linkages with the
existing development in the Shire Business Centre as the proposed network
and linkages are unable to be implemented.
ii. The proposed lot will have a significant adverse impact on the natural
environment and will not retain the sites natural environmental values.
7. The proposed development is contrary to the Natural Hazards Overlay Code as
bushfire mitigation measures do not satisfactorily address the risk of bushfire as they
are not envisaged by the Shire Business Centre Map and are unable to be
implemented.
8. The proposed development is contrary to the draft Noosa Plan provisions, which
reinforce the current Noosa Plan’s requirements for pedestrian/cycle links, an
appropriate response to the site’s natural hazards and protection of the site’s
environmental values including vegetation retention.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. BACKGROUND
A report on this application was prepared for the Special Meeting on 28 October 2019
recommending that the application be refused. At the meeting a deferral motion was considered
by Council and it was agreed that a decision on the application would be deferred until 22
November 2019 to provide the applicant with the opportunity to amend the proposal to address
the grounds of refusal raised in the Special Meeting report. The grounds of refusal within the
Special Meeting report generally relate to the application’s non-compliance with the following:
Planning Regulation 2017; (Koala Habitat)
State Planning Policy (koala habitat and disaster management);
Overall and Specific Outcomes of the Noosaville Locality Code;
Biodiversity Overlay Code;
Reconfiguring a Lot Code;
Natural Hazards Overlay Code (bushfire);
Traffic Management;
Stormwater Management; and the
Draft Noosa Plan
An on-site meeting was held with the applicant on 30 October 2019 and on 1 November 2019 the
applicant provided amended documentation to address the issues raised in the report. The
documentation included an amended plan of survey which resulted in the net loss of 1 lot. On 8
November 2019 the applicant submitted an amended version of the Bushfire Management Plan
(BMP) which was based on a further amended subdivision plan. On 11 November the applicant
submitted an amended subdivision plan to match the plan included in the Bushfire Management
Plan.
Page 29 of 47
Section 30
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
In a letter accompanying the amended documentation the applicant summarised the changes as
follows:
We are no longer seeking to subdivide Lots 23-25. This is reflected in the attached revised
plan of subdivision;
We have provided for a 4 metre wide emergency services access road in single ownership
at the rear of lots 12-15, within the rear bushfire setback from Hofmann Drive to OS3 at
Walter Hay Drive;
We have extended the width of the private road servicing Lots 10-16 to provide a 10 metre
pavement width. This delivers a 3.5 metre lane in each direction along with a 3 metre
parking lane along the southern side of the road. It has already been agreed that there will
not be parking alongside the northern side of the road to maintain sight lines for access to
Lot 16;
We have provided for a separate lot for a future transit centre in accordance with Council's
request; we have also provided for access to this lot by way of public road with the
dedication of the access road into the site up to and including the internal roundabout;
We have provided for a 6 metre wide pedestrian thoroughfare easement in accordance
with the Noosa Business Centre Character and Framework Plan in the draft planning
scheme. This easement is situated adjacent to the eastern boundary of Lot 1 and the
western boundary of Lots 3 and 4, and extends across open space covenant J to provide
for future connectivity into Noosa Civic;
We have provided for a 25 metre easement for the new north-south private road that will be
the main street of the Village Mixed Use precinct.
A report was completed in preparation of the 21 November Ordinary Meeting. When preparing
the report it was evident that a number of outstanding issues remained and accordingly the
applicant was advised the amendments had not satisfactorily addressed the issues raised and
the application would be recommended for refusal. In response to this advice on 14 November
2019 the applicant stopped the assessment period until 29 November 2019 to hold a working
session with relevant Stockwell and Noosa Council stakeholders at Noosa Council.
Further meetings were held with the applicant on 15, 21 and 26 November 2019 to review
outstanding issues including traffic management and vehicle access, vegetation removal, koala
offsets, bushfire management, pedestrian and bicycle network and the inter-regional transit
facility.
The applicant committed to providing the updated information by 2 December 2019. At the
meeting officers advised that a minimum of 3 weeks would be required to undertake the
assessment of the new material, and a further 10 business days to allow the matter to be
reported to Council. On 2 December 2019 the applicant stopped the assessment period for 10
business days requiring a decision to be made on the application by 20 December 2019.
The additional information was provided on 3 December 2019 and did not include, as agreed,
supporting documentation to the deed of variation to the Infrastructure Agreement. This only
allowed 13 business days for the additional information to be reviewed by Council officers and
external consultants and for a report to be written and considered by Council.
The updated information included a further amended survey plan and accompanying reports for:
Civil engineering;
Stormwater Management;
Bushfire Management;
Working draft deed of variation to the existing Infrastructure Agreement; and
Revised clearing plan
Page 30 of 47
Section 31
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Further correspondence was received from the applicant on 6 December 2019 regarding bushfire
management. Material supporting the proposed deed of variation was submitted on 13 December
2019.
At the time a Further Report was completed in preparation for the 20 December 2019 Ordinary
Meeting with Council’s consultants for the matter, including traffic, bushfire and stormwater
engineering, not able to undertake a full assessment of the new information and plans and
provide detailed comments to Council. Council officers were also only able to undertake a
preliminary review of the matter. There was also insufficient time to receive legal advice
regarding the proposed deed of variation to the Infrastructure Agreement.
The recommendation of the Further Report was for the application to be refused, primarily on the
same grounds as detailed in the report originally prepared for the Special Meeting on 28 October
2019. The applicant was advised of the proposed recommendation and that additional time was
required to enable full assessment of the material submitted on 3 December 2019. Accordingly
on 14 December 2019 the applicant extended the Decision Making Period until 31 January 2020.
On 10 January a further meeting was held with the applicant. Also in attendance at the meeting
were the applicant’s engineer and Council’s consulting traffic engineer. The meeting addressed
the material submitted on 3 December and primarily related to:
Traffic/car parking management associated with a 350 metre long 20 metre wide hardstand
area for the purpose of bushfire protection to the rear of lots 12 -15;
The functionality of proposed emergency access from lot 23 to Eenie Creek Road;
Stormwater management,
Vegetation removal and the maintenance of a parklike setting;
The acoustic impacts of existing plant equipment adjacent to proposed lots 17, 18 and 19;
Amendments required to the plan of survey; and
General feedback on the proposed deed of variation
On 17 January the applicant extended the decision making period until 21 February 2020. On 22
January 2020 the applicant provided further updated plans and reports allowing 14 business
days for the material to be reviewed by Council’s external consultants and for a Further Report to
be written.
Due to the changing nature of the material and concerns with the limited time to review the
material a request was made to the applicant on 24 January requesting that the decision making
period be extended until 20 March 2020. The applicant did not agree to extend the decision
making period and a decision on the application is now due on 21 February 2020.
2. PROPOSAL
The revised information provided on 22 January 2020 details a 23 lot reconfiguration generally
consistent with the original layout with the exception of:
Lots 17 -20 being amalgamated into 3 lots (lots 17 - 19);
Lots 23 -25 being amalgamated into 1 lot (lot 23);
The inclusion of lot 24 for a future transit facility;
The inclusion of a 20 metre wide easement to the rear of lots 11 - 15 for the purpose of a
fire buffer, stormwater, access for vehicles and emergency firefighting appliances and car
parking; and
4 metre wide thoroughfare easements to the west of lots 3 and 4 and adjacent to Covenant
J and traversing Covenant J to provide connection with the existing shopping centre.
Page 31 of 47
Section 32
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
The following information was also provided by the applicant:
Revised engineering plans addressing lot access, road construction and reduced
earthworks;
Revised vegetation clearing plan;
Acoustic report addressing the impacts of plant associated with Noosa Civic on future
residential development of lot 17, 18, 19 and 21; and
An amended deed of variation to the current Infrastructure Agreement
The updated survey plan is detailed below and included as Attachment 1:
Figure 1: Amended layout provided 22 January 2020
Page 32 of 47
Section 33
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
3. ASSESSMENT
Koala Habitat – Planning Regulation and State Planning Policy
The applicant acknowledges that Council’s assessment will necessarily address the Planning
Regulation and State Planning Policy requirements for koala habitat however they remain of the
view that there is no significant residual impact resulting from vegetation clearing works on the
site. This view is based on the previous dedication of land for the purpose of open space and
recreation at the time that Stage 1 was developed.
Council officers maintain that the application does not comply with both the Planning Regulation
2017 and the State Planning Policy. These are new state requirements that address the decline
in the koala population and habitat and the previous dedication of land does not fully address the
residual impact of the new development. Given the size of the land and location of suitable non-
juvenile koala food trees, koalas are likely to utilise the area for feeding purposes. The Planning
Regulation 2017 requires development to avoid clearing non-juvenile koala habitat trees, and
where clearing cannot be avoided, the clearing is minimised with unavoidable clearing offset.
The koala habitat offset has now been assessed as being $1,149,428, after further refinement by
officers of the area requiring to be assessed.
As a consequence of the existing Infrastructure Agreement conditions cannot be included for a
monetary offset to koala habitat, therefore the proposal is unable to comply with the relevant
koala habitat assessment benchmarks. To comply with the state requirements the current
infrastructure agreement would need to be varied through a deed of variation.
Bushfire Management
The applicant has amended the survey and bushfire management plans in response to concerns
regarding bushfire management.
The area previously identified as lots 23 - 25 is now a single lot and it is proposed that a
secondary emergency access be provided via the existing Energex easement to travel north and
connect with Eenie Creek Road. A letter of support from Queensland Parks and Wildlife Services
(QPWS) was provided however made no reference to specific plans or types of works supported.
Engineering plans detailing the access were provided on 29 January 2020 and provided to
QPWS who expressed concern with the proposed alignment of the emergency access track and
associated earthworks. Further concerns relate to practical issues associated with connecting the
emergency access track with the Eenie Creek Road and the proposed route of the track running
adjacent to vegetation which has the potential to be subject to bushfire.
However, an alternative solution has been identified which is supported by Council’s consulting
traffic engineer and bushfire expert. The alternate route provides a second emergency access in
the south-west of the site to Walter Hay Drive. The access requires removal of vegetation within
the Open Space Precinct at the site’s frontage and modification of the central median strip within
the internal road to allow vehicles to exit the site in a westerly direction, away from potential fires.
The alternative solution has been raised with the applicant who has advised that they are
supportive of conditions to this effect. Notably though Council is stopped from conditioning these
works by the current Infrastructure Agreement as the works are external to the site. This could be
overcome by a deed of variation to the Infrastructure Agreement.
The applicant has also modified the survey plan in response to concerns with the proposed
covenant for bushfire management purposes to the rear of proposed lots 12 -15 by constructing a
20 metre wide hard surface to the rear of these lots. The 20 metre wide hard surface will operate
as a fire buffer and an emergency access road to be accessed by locked gates at both Hofmann
Drive and Walter Hay Drive. This area will also include car parking situated on either side of the
emergency access road to service the related lot in which the parking is situated and will only be
accessible to vehicles via access from lot frontages. Easements will govern access and car
parking arrangements. The following images detail the proposed 20 metre wide area and
associated emergency access track and vehicle parking.
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Section 34
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Figure 2: Survey plan detailing 20 metre wide easements to the rear of lots 11 -15
Page 34 of 47
Section 35
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Figures 3 and 4: 20 metre wide hard surface to rear of lots 11 -15 (yellow)
The proposed emergency easement to the rear of lots 11 -15 is generally supported and will
result in works to connect the emergency access road to Walter Hay Drive noting that there is a
significant difference in levels between Walter Hay Drive and the boundary of lot 11. These works
are external to the site and would require amendment to the Infrastructure Agreement.
It is also noted that the applicant has amended the extent of fill to the rear of lots 11 – 15 and
reduces the extent of fill from approximately 5 metres to approximately 1.8 metres at its highest
point.
Road layout and lot access
A number of concerns were raised in the original report regarding road layout and access to lots.
The applicant has provided amended engineering drawings which have been reviewed by
Council’s traffic consultant. In summary Council’s traffic consultant advises that the outstanding
matters regarding the road layout and traffic access have been resolved, subject to conditions.
Lot for Inter-Regional Transit Facility
The amended plan of survey provides for a separate lot (lot 24) for the future transit use, with an
area of 4912m2. The applicant also proposes to dedicate the new road to the east of lot 24 to
Council to facilitate access to this lot, which would be sufficient to accommodate bus and
pedestrian access to the future transit centre. The issues raised in the original report regarding
the transit facility are considered to be resolved by this amended plan.
Pedestrian and Cycle Network
The amended survey plan provides for a 4 metre wide pedestrian thoroughfare easement
adjacent to the full extent of lots 3 and 4 and across Covenant J. The applicant has proposed 2
separate easements across Covenant J, but only 1 x 6 metre easement is required.
The applicant has identified that suitable pedestrian connectivity is available via an existing
pathway to the west of lot 23 to Noosa Civic. The applicant has proposed connectivity from lot 23
to the existing pathway.
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Section 36
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
The applicant has also agreed to improve pedestrian connectivity between the existing
commercial building and Hofmann Drive by constructing a small link section between the existing
building pathway and the Hofmann Drive pathway. This includes works external to the site
therefore variation to the existing Infrastructure Agreement is required.
Vegetation Removal
The proposed extent of vegetation removal has been amended and reduced to now only include
the areas required to be filled to facilitate road construction and services.
The revised clearing plan demonstrates that vegetation is proposed to be cleared from lots 4 -6,
8 – 16 with some vegetation removed to the front of lots 17 -19 and within lots 2 and 23. The
applicant had proposed to maintain a 6 metre wide strip of vegetation to the frontage of all lots
however due to stormwater management is now proposing to retain a vegetated strip to the
frontage of lots 6, 9 and 10 and 6 metres wide of replanting to the frontages of lots 4, 5, 6, 15 and
16. A copy of this plan is detailed in the figure below:
Figure 5: Amended clearing plan
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GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Six metres of retained and replanted vegetation is intended to facilitate the parkland setting
envisaged by the planning scheme to an extent.
Acoustic impacts
The applicant has prepared an acoustic report assessing the noise impacts of the existing Noosa
Civic loading docks and traffic noise from Hofmann Drive on lots 17 – 19. The draft planning
scheme identifies these lots as being suitable for high density residential development. The
report identifies that noise generation in the loading dock will come from trolley collection,
delivery trucks, mechanical plant and the compactor. The report recommends that future
development carry out detailed assessment to ensure that the identified noise sources are
adequately addressed and acoustic treatment to facades applied to ensure compliance with
indoor noise levels. The report does not recommend noise mitigation works be carried out as part
of the subdivision of the land.
The report has been reviewed by Council’s Environmental Health Coordinator who has
recommended that if an approval were to be issued a condition should be included requiring all
existing noise generating equipment within Lot 1, such as mechanical plant or equipment, air
conditioning units, garbage collection areas or similar, trolleys, delivery trucks, and vehicle traffic
be modified in such a way so as to protect the acoustic privacy of future residents of lots 17 -19.
The condition would require that noise levels generated by any of these activities or equipment
not exceed a LAeq 15mins 5dB above background noise at the closest sensitive receptor point.
The applicant’s position that acoustic treatment to future buildings be addressed at the time of
future development is not supported as it is not appropriate to only require future development to
incorporate sound reduction construction methodologies. It is recommended that noise mitigation
occur at the time new lots are created and in this regard it is recommended that a condition be
included on any approval requiring the construction of a 3 metre high acoustic wall to the
boundaries of lots 17 – 19 and 21 where they abut lot 1.
Further noise mitigation measures may also be required as part of future construction of the
residential development.
It has also been identified that noise generation from lots 10 -16 which are zoned Innovation
Zone in the draft planning scheme is likely to impact on the current and future residential uses on
Hofmann Drive. To mitigate this noise an acoustic fence may be required to the western
boundary of lot 15, but as the noise mitigation device is limited to one lot this could be part of a
future application over this lot.
Stormwater
The extent of earthworks has been amended and results in the maximum extent of fill reducing
from approximately 5 metres to approximately 1.8 metres. The change in levels has required
amendment to how stormwater is managed and accordingly a revised Site Based Stormwater
Management Plan (SBSWP) has been provided and reviewed by Council’s consulting hydrology
engineer. The amended SBSWP addresses the concerns raised in the original report including
the removal of all devices from covenant areas, detailing stub connections and removing flows
from lot 7 into a bio-retention basin and also satisfactorily responds to the changes in surface
levels.
Lot sizes
The original report raised concern with the size of proposed lots 6, 9 and 23. As lots 23 -25 have
been replaced with one lot the concern regarding the size of lot 23 has been addressed. The
applicant has also provided further information on the developable areas within lots 6 and 9 and it
is acknowledged that sufficient area is provided within these lots to accommodate future
development. It is noted that 11 of the proposed lots do not comply with the minimum lot size of
the current scheme however these lots comply with the lot size provisions within the draft
scheme.
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Section 38
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Infrastructure Agreement
In 2003, the applicant entered into an Infrastructure Agreement which in part provided for
infrastructure items to be provided by the applicant. The applicant notes that these items
included:
Dedication of approximately 11ha of public open space
Duplication of Eenie Creek Road Stage 1
Construction of Walter Hay Drive extending the Sunshine Coast Motorway from Emu
Mountain Road to Eenie Creek Road (by the applicant and the State Government)
Dedication of 6ha of land for the construction of Walter Hay Drive
Construction of bike and pathway network linking the NBC to the local network (by the
applicant and Council)
The agreement provided that there would be no requirement for contributions to be paid (by way
of conditions imposed on any application) nor pay infrastructure charges associated with the
future development of the land provided that the intensity of development of a future stage did
not exceed that envisaged by MasterPlan 2 (MP2). Furthermore, the Infrastructure Agreement
prohibits Council including conditions on any future application requiring further dedication of land
or works external to the site.
The applicant has provided a deed of variation which proposes to vary the existing Infrastructure
Agreement by:
Insertion of a new clause stating that the intensity of development contemplated by the
Draft Framework and Character Plan in the draft Noosa Plan does not exceed the intensity
of development contemplated by Master Plan 2. The implication of this clause is that
infrastructure charges could not be levied against future development of the land which
complies with the Draft Framework and Character Plan, noting that the draft Framework
plan is at a scale that provides overall intent however no detail regarding the scale of
development permitted.
Insertion of a new clause stating that previous dedications of Open Space fully offsets the
residual impact of any clearing of koala habitat trees to undertake development of the Shire
Business Centre as contemplated by MP2 (and where, to the extent relevant, amended by
the Draft Framework and Character Plan);
Dedication of lot 24 for the transit facility and dedication of the new public road to provide
access to the lot at no cost to Council; and
Insertion of new clauses to facilitate the dedication of land and conditioning of the
subdivision to undertake works prohibited by the current Infrastructure Agreement,
specifically:
o Design, construction and dedication of a small section of land as a public road to
provide access to the transit centre lot at no cost to Council;
o Design, construction and dedication of the Hofmann Drive extension as a public road
at no cost to Council;
o Provision of a 4 metre wide pedestrian thoroughfare easement adjacent Covenant J;
o Facilitation of emergency access to Walter Hay Drive from lot 11;
o Facilitation of emergency access to Walter Hay Drive from lot 23;
Page 38 of 47
Section 39
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
Intensity
It is the applicant’s position, based on their own traffic assumptions, that the intensity of the
development contemplated by the Draft Framework and Character Plan in the draft Noosa Plan
is comparable to the intensity of development contemplated by Master Plan 2. The applicant’s
position is not agreed with as the draft scheme currently envisages a greater level of intensity of
development than MP2.
Council’s Infrastructure Assessment Coordinator has undertaken a review of the intensity
envisaged by MP2 and compared it with the intensity permitted by the draft planning scheme
based on gross floor area and impervious area differences. The Coordinator has then calculated
the difference in infrastructure charges payable under MP2 and the draft planning scheme using
the applicant’s assumption of how the site might develop in the future. Based on the applicant
assumptions the difference in infrastructure charges payable would amount to approximately $4
million. However, if the highest and best use for the lots is assumed the future Infrastructure
Charges payable could amount to approximately $10 million. Signing the current deed of
variation would mean that Council would forego these Infrastructure Charges with future
development of the land.
Dedication of Lot 24 for Transit facility/Koala offsets
The proposed dedication of lot 24 for a transit facility satisfies the long term planning for the Shire
Business Centre to include such a facility to support public transport in the Shire. The dedication
of this land offers significant benefit to the community and in the absence of the proposed
dedication of the land through the deed of variation, Council may be required to purchase this
land in the future for the purposes of a transit centre.
Required Works to support the proposed subdivision layout and bushfire management
requirements
The deed of variation includes all relevant matters that Council is stopped from conditioning
under the current Infrastructure Agreement with the exception of one of the emergency bushfire
access points to Walter Hay Drive and footpath connection from Hofmann Drive. The deed of
variation also refers to the unsupported Eenie Creek Road emergency access point. The
proposed wording in the deed of variation around the works required is also on the basis of the
works being satisfactory to both parties and in accordance with the conditions imposed on any
approval. For clarity reasons, it is preferred that the wording be amended to include the actual
conditions to ensure that the deed encapsulates the specific works required.
Other
The ‘Background’ section of the deed of variation includes statements to the effect that the
proposed development is consistent with the draft Noosa Plan. These statements are detailed
below:
E. Stockwell’s development application for reconfiguration of a lot responds to the Draft New
Noosa Plan and has been designed to accommodate development in accordance with the
Draft New Noosa Plan.
F. The parties have agreed to amend the Infrastructure Agreement to align with the
development intent for The Land as set out in the Draft New Noosa Plan, in accordance
with the terms and conditions set out in the deed.
As the application does not satisfactorily address the draft scheme’s objectives with regard to
vegetation protection and minimising adverse impacts on koalas and their habitat it is not agreed
that the application in its entirety is consistent with the draft planning scheme. Further, Council’s
planning solicitor has advised that this wording would be problematic for Council in the event the
applicant appealed any conditions of approval. Therefore these proposed clauses are not
acceptable and should be deleted.
Page 39 of 47
Section 40
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
The matters of concern have been relayed to the applicant and a request was made to extend
the decision making period to provide sufficient time for the issues associated with the deed of
variation to be resolved. On 3 February 2020 the applicant advised that they were not agreeable
to a further extension however sought to continue to work with Council officers to rectify the
issues associated with the deed of variation. In order to meet the decision making timeframe set
by the applicant it was not possible to satisfactorily resolve the issues around the deed of
variation at the time of writing this report.
In the absence of a deed of variation Council is unable to issue an approval that includes
conditions addressing works external to the land and resolve the koala habitat offset
requirements, given the current limiting Infrastructure Agreement provisions.
Changes to planning framework – South East Queensland Koala Conservation Strategy
2019 - 2024
The Nature Conservation (Koala) Conservation Plan 2017 was amended by the Nature
Conservation and Other Legislation (Koala Protection) Amendment Regulation 2020 SL No. 9
and commenced on 7 February 2020. The amendments included changes to the Environmental
Offsets Act 2014, Nature Conservation Act 1992, Planning Regulation 2017 and Vegetation
Management Act 1999. The purpose for these amendments was to bring into effect the South
East Queensland Koala Conservation Strategy 2019-2024 and the associated statutory mapping.
The new planning framework implements new clearing restrictions, prohibiting clearing of koala
habitat areas (KHA) within Koala Priority Areas (KPA). The State Government will assume
responsibility for assessing development proposing clearing of koala habitat areas outside Koala
Priority Areas, against a new State code for Development in South East Queensland Koala
Habitat Areas. For developments that don’t involve clearing of koala habitat but are within Koala
Priority Areas, the Local Government is required to assess the proposal against new assessment
benchmarks. A number of exemptions apply to clearing of KHA in KPA including a one off
clearing of 500m2 for residential use, essential management including bushfire, native forestry
harvesting and access tracks.
Under the new South East Queensland Koala Conservation Strategy 2019-2024 mapping, the
Shire Business Centre site has no mapped koala habitat areas but the north eastern portion of
the lot is within a Koala Priority Area. As such, if an application was lodged today, the mapping
excludes any requirements for the proponent to provide environmental offsets in accordance the
Environmental Offsets Act 2014. The assessment benchmarks which would apply if an
application were made under the new framework would require the proponent to ensure a safe
koala movement measure, and includes providing opportunities for koalas to feed, disperse and
seek refuge; or reducing threats to koalas.
The current State Planning Regulatory Provisions for Koala Conservation still apply as the
application was properly made prior to the commencement of the Nature Conservation and Other
Legislation (Koala Protection) Amendment Regulation 2020 SL No. 9 (Section 29).
Whilst the State planning framework for koala habitat protection has changed it is important to
note that the provisions of the Noosa Plan’s Biodiversity Overlay also apply to the site and
includes outcomes which seek to protect koala habitat but where clearing is unavoidable
minimise the clearing and provide a biodiversity offset.
The entire site is subject to the Biodiversity Overlay, with the site’s vegetation identified as
Environmental Enhancement. The Biodiversity Overlay seeks to protect vegetation from the
impacts of development and includes the following outcomes:
Specific Outcome O1
Vegetation of local origin on premises identified as—
…….
b) Environmental Enhancement Area on Biodiversity Overlay Maps OM1.1 – OM9.1, is
protected from the impacts of development by—
i. avoiding edge effects;
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Section 41
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
ii. avoiding fragmentation; and
iii. maintaining vegetation in manageable and viable configurations.
Specific Outcome O2
For the purpose of Reconfiguring a Lot new lots are only created where they minimise the
fragmentation and maximise the retention of existing vegetation.
Specific Outcome O7:
Development is designed, constructed and operated to—
a) avoid adverse impacts on koalas and koala habitat;
b) provide measures to assist the survival of koala populations in the area to mitigate any
potential threats or risks to koalas;
c) provide for safe and appropriate koala movement across the landscape; and
d) provide for a net gain in mature and actively regenerating koala habitat.
Specific Outcome O11:
Habitat trees (including dead trees) and recruitment habitat trees are protected for native fauna
habitat, where practicable.
The application has not demonstrated that these outcomes are achieved as it is proposed to
completely clear lots 4 - 6 and 8 – 16, with the exception of 6 metres of vegetation to the front of
lots 6, 9 and 10. Clearing will also occur on the remaining areas of the site when the lots are
developed and/or further subdivided. As such, the proposal will adversely impact on koala
habitat, does not maximise the retention of existing vegetation and proposes to prematurely clear
significant vegetation.
The site is covered by the Biodiversity, Waterways and Wetlands Overlay in the draft Noosa
Plan. The Biodiversity, Waterways and Wetlands Overlay Code in the draft Noosa Plan also
reinforces the outcomes sought under the current scheme and includes outcomes which seek to
minimise adverse impacts on koalas and their habitat.
4. COMMUNITY INTEREST
The application is subject to code assessment and therefore is not subject to public notification.
The Planning Act 2016 limits the assessment to the assessment benchmarks within the planning
scheme and matters prescribed by regulation (i.e. State Planning Policy). There is no opportunity
for Council to consider any other relevant matter, including submissions.
Nevertheless due to the significance of the application and visibility within the media
communication has been received raising the following issues:
Impact of the development on existing residential development within Hofmann Drive;
The proposed development will result in the loss of a significant amount of native
vegetation and will impact on wildlife, particularly koala habitat;
A decision on the application should not be made whilst legislation and policy reform are
likely in Queensland;
Not appropriate for residential development adjacent to noisy loading dock which contains
powerful industrial lighting;
Hofmann Drive is a No-Through Road and it is not appropriate to direct traffic from a major
arterial road down a quiet residential street. Heavy and commercial vehicles will use the
extended Hofmann Drive as will vehicles using it as a short cut;
Council should purchase the land for conservation purposes;
Laws will be changing regarding residential development in bushfire hazard zones;
Lots too small and not enough car parking
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Section 42
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
5. CONSULTATION
The application was forwarded to the following internal Council officers:
Strategic Planning
Environment Officer
Coordinator Engineering
Asset Infrastructure
Environmental Health
The application was also reviewed by external consultants with regards to traffic management,
stormwater and bushfire management. Their assessment forms part of this report.
6. CONCLUSION
Consideration of this application was originally set down for a Special Meeting on 28 October
2019. At the meeting a deferral motion, which was requested by the applicant, was considered
and agreed to by Councillors. The motion deferred consideration of the application to 22
November 2019 to allow Council staff to undertake further discussions with the applicant in order
for the matter to be considered at the 21 November Ordinary Meeting. On 1 November 2019 the
applicant provided an amended survey plan and supporting documentation to Council.
Prior to the 21 November Ordinary Meeting the applicant was advised that the amendments had
not satisfactorily addressed the issues raised and the application would be recommended for
refusal.
Over the following months the applicant provided additional information which was reviewed by
Council’s officers. Despite numerous meetings and discussions with the applicant the additional
information failed to fully resolve all of the issues identified by Council officers. These issues
primarily related to koala offsets, bushfire management, vehicle access and the deed of variation
to the Infrastructure Agreement. Incremental extensions to the decision making period
accompanied the amended information provided by the applicant.
The updated information provided by the applicant on 22 January 2020 has now resolved a
number of the outstanding issues in relation to the proposed subdivision layout, with the
exception of addressing the sites significant koala habitat. However, due to the existing
Infrastructure Agreement Council is prohibited from including conditions relating to dedication of
land and works external to the site and payment of a monetary contribution to offset koala
habitat.
The applicant prepared a deed of variation to the Infrastructure Agreement however the deed
includes provisions which are not supported based on the following:
The deed includes provisions stating that the intensity of the development permitted under
the draft planning scheme is not greater than that envisaged by MP2. This position is not
supported, noting that calculations by Council’s Infrastructure Assessment Coordinator has
identified that development under the draft planning scheme would be of a great intensity
than envisaged by MP2. Accepting that applicant’s position would result in Council
foregoing approximately $4 – 10 million in Infrastructure Charges.
The deed proposes a clause which seeks to acknowledge that previous dedications of
Open Space fully offset the residual impact of any clearing of koala habitat trees to
undertake development of the Shire Business Centre as contemplated by Master Plan 2.
This position is not supported as previous land dedications are insufficient to satisfy the
current offset requirements.
The deed includes statements to the effect that the proposed development is consistent
with the current and draft planning scheme. This is not agreed with.
The deed does not adequately detail required works for the subdivision and the provisions
should include the actual conditions.
Page 42 of 47
Section 43
GENERAL COMMITTEE MEETING AGENDA 17 FEBRUARY 2020
The deed does not include all works which Council is prohibited from conditioning under
the current Infrastructure Agreement.
The deed annexes an outdated survey plan.
In the absence of a suitable resolution of issues it is therefore recommended that the application
be refused.
Departments/Sections Consulted:
Chief Executive Officer x Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
x Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development x Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
x Strategic Land Use Planning x Infrastructure Planning,
Design and Delivery
Page 43 of 47
Section 44
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Page 47 of 47
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| Prapaied Easements —=~=~*~“‘*~*”!!”!”!”!”!!!” CR repesed Covenants SCS
Easement AA |s a vehicular access easement over the existing private road and will benefit Nil
proposed Lots 2 and 22
Easement AC is a vehicular access easement providing service vehicle access over the
existing driveway and will benefit proposed Lots 2 and 22
Easement AE is vehicular access easement providing service vehicle access and will benefit
proposed Lots 2 and 22
Easement AM is 4 pedestrian access easement and will benefit proposed lot 3 and 4
Easement AN is a pedestrian access easement and will benefit proposed lot 3 and 4
|? \Mittercttpapesedesind2 ne
will benefit proposed lots 1 and 22
Easement Al is a 4 metre wide pedestrian access easement burdening Lot 3. and will benefit Nil
proposed lots 1, 4 and Noosa Shire Council
Easement AK is a vehicular access easernent over the new North-South Link Road and will
benefit proposed lots 6,7, 8 and &.
Easement AP is a vehicular access easement and will benefit proposed lots 10, 11, 12, 13,
14, 15 and 16 |
Easement AO is a pedestrian access easement for new private road 8 and will benefit Nil
proposed lots 3, 1 and Noosa Shire Council
a
I
preservation of visual amenity*
ree
preservation of visual amenity*
= Eee
SS _ preservation of visual amenity*
preservation of visual amenity*
| 1H | Uibeneteproposedlot 1 1213,4andis ond wilbemanaged byLotgresenatonctvsualamenty” |
fasement AY |s a venicutar access easement for emergency fire vehicle access only, and Proposed Covenant AR |s Open Space for the purpose of
Easement AX is a stormwater and vehicular access easement for cars, emergency Nil
firefighting appliances and car parking benefiting proposed Lots 1, 11, 13, 14 and 15 and
will be managed by Lot 1
fasement AW is a stormwater and vehicular access easement for cars, ermergency Nil
firefighting appliances and car parking benefiting proposed Lots 1,11,12, 14,15 and will be
managed by lot 1
Easement AZ is a stormwater easement and will benefit proposed Lot 14
eee
Easement AV is a stormwater and vehicular access easement for cars and emergency Nil
managed by Lot 1
Easement AQ is a stormwater and vehicular access easement for cars and ermergency Nil
firefighting appliances and car parking benefiting proposed Lots 1, 11,12,13,14 and will be
managed by Lot 1.
ee
Easement AB \s a vehicular access easement over the existing access driveway and will Nil
benefit proposed Lots 1 and 2. |
Nal Covenant AG is for the purpose of a building exclusion zone
to mitigate bushfire risk
Covenant AH is Open Space for the purpose of visual
amenity*
ot
As per terms of existing Covenant | on Lot 2 on SP182845 *
Page 47 of 47