ADOPTION OF NOOSA COUNCIL STRATEGIC LAND ACTIVATION POLICY · ATTACHMENT 1. Noosa Council Strategic Land Activation Policy

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  OUT OF SCOPE
  This Policy does not apply to the following, which may be governed by separate Council policies:
   •       Non-Commercial Recreation Use: Recreational use by the community that is not associated
           with commercial activities or revenue generation.
   •       Community and Commercial Land Use Permits (Including Footpath Trading and Dining):
           Activities related to trading and dining on footpaths, which are governed by separate Council
           policies and specific Council regulations.
   •       Events and Festivals: Special events, festivals and public gatherings that are temporary and not
           part of long-term land activation projects.
   •       Essential Core Civil Infrastructure Projects: Construction of essential infrastructure not limited
           to roads, bridges and stormwater.
   •       Infrastructure Renewal or Replacement: Capital expenditure on renewal or replacement which
           are essential for operational continuity rather than strategic land activation.
   •       Environment Levy Program: Land acquisitions, management and maintenance which are
           governed by separate Council policy, guidelines and processes.

  REVIEW
  This policy will be reviewed once per Council term (every four years) or as required.

  DEFINTIONS

   Term                Meaning

   Land Assets         Properties or parcels of land owned, managed or influenced by Council that hold
                       value for their potential to support various activities, including both developed and
                       undeveloped areas.

   Land                The process of utilising or developing Land Assets to maximise their potential and
   Activation          value, aligning with Council’s strategic objectives. Also referred to as Activation.

   Land                The Land Activation Framework adopted by Council to guide the activation of land
   Activation          assets.
   Framework

   Acquisition         The process of obtaining Land Assets through purchase, lease, donation,
                       trusteeship, licencing or other legal means to support strategic objectives.

   Divesting           The process of selling or transferring ownership or control of Land Assets that are no
                       required for strategic objectives. Also referred to as Disposal.

   Holding             Retaining ownership or control of land without immediate plans for Land activation,
                       allowing for future use or activation when the timing or conditions are favourable.

   Continuing          The decision to maintain a Land Asset’s current use where it continues to align with
                       strategic objectives.

  COUNCIL POLICY

  01 – GUIDING PRINCIPLES
  Land Activation is guided by Noosa’s Sustainability Principles outlined in the Noosa Council Corporate
  Plan 2023-2028:


               Resources are sustainably managed so that the lifestyle and wellbeing of the community is
       1       enhanced whilst safeguarding our natural systems and without compromising the ability of
               future generations to meet their own needs.
       2       Noosa’s environment is protected, preserved, and managed in a manner that is nature
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             positive, low carbon and climate resilient and respects our traditional owners spiritual and
             cultural connection to Country.
             Noosa’s economy is prosperous, resilient, circular, diverse, and protective of its unique
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             environment, culture and heritage.
             Noosa residents belong to a community that values and respects its diversity, accessibility,
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             and affordability.
             Noosa’s community is inclusive, safe, connected, and resilient and encourages participation
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             and involvement across all life stages.
             Noosa’s community benefits from quality places, good asset management, services and
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             programs that enhance wellbeing, and support creative, active, and healthy lifestyles.
             Good governance and policy is achieved through forward planning, effective, efficient and
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             collaborative decision making, made in the interests of the community.

  02 – FRAMEWORK
  The Land Activation Framework is a structured process consisting of eight key steps across the
  framework lifecycle that guides the identification, evaluation and implementation of Council Land
  Activation projects.
  Details on each step within the Land Activation Framework is provided in the table below.

   Step 1              Background Information and Due Diligence

   Purpose             To systematically identify and review all critical information associated with the
                       proposed Land Activation to capture and understand all requirements, opportunities,
                       constraints and risks before progressing further.
   Key Actions         Conduct a comprehensive desk top analysis of the subject land, including land use
                       planning, overlay constraints, climate risks and development assessment,
                       environmental assessment, historical land use evaluation and legal considerations.
   Commitments No commitment to proceed.
               No dedicated budget – where investigation costs are required, existing operational
               budgets may be utilised.

   Step 2              Merit Assessment

   Purpose             To evaluate the concept and information gathered in relation to the proposed Land
                       Activation to:
                       • Ensure alignment with endorsed organisational strategies, plans and policies.
                       • Priority rank competing organisational strategies, plans and policies.
                       • Assess the concept and determine risks and opportunities with reference to risk
                         tolerance levels within Council’s Risk and Opportunity Framework.
                       • Assess highest, best and complimentary uses (current and future).
   Key Actions         • Internal stakeholder consultation to gather input and assess potential impacts.
                       • Desktop feasibility to assess the site suitability, viability and potential benefits of
                         the proposed Land Activation.
                       • Evaluate the extent to which the concept aligns with Council’s Strategies, Plans
                         and strategic objectives.
                       • Assessment of social, community, economic and environmental impacts.
                       • Review funding or grant opportunities.
   Outcomes            Evaluate benefits, impact, alignment and value before progressing further.
   Commitments No commitment to proceed.
               No dedicated budget – where investigation costs are required, existing operational
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                       budgets may be utilised.

   Step 3              Internal Council Officer (Working Group) Peer Review

   Purpose             Internal collaborative critical peer review of due diligence and merit assessment with
                       a focus on assessing value as well as competing or complimentary land use and
                       demand requirements.
                       The Working Group will consist of Council officers, and if required relevant
                       stakeholders.
                       In cases of conflicting needs or priorities, competing Land Activation may be
                       escalated to the Executive Leadership Team, ensuring a clear reporting line for final
                       decision-making.
                       The next step following internal review may include seeking Council approval,
                       revision or rejection.
   Key Actions         • Conduct internal stakeholder consultation to gather input and assess potential
                         impacts.
                       • Perform a desktop feasibility to assess the viability and potential benefits of the
                         proposed land activation.
                       • Assessment of social, community, economic and environmental impacts.
                       • Evaluate the potential to achieve complimentary financial, economic,
                         environmental and social outcomes.
                       • Issue an organisational call-out to ensure there are no other opportunities, ideas
                         or projects in place for the land.
   Commitments No commitment to proceed.
               No dedicated budget – where investigation costs are required, existing operational
               budgets will be utilised.

   Step 4              Budget Initiative Request

   Purpose             Secure funding for the development of a detailed business case, feasibility study or
                       master plan if needed, ensuring that the land activation concept is thoroughly
                       reviewed before advancing.
   Key Actions         • Budget request for undertaking detailed business case, feasibility or master plan
                         if required.
   Commitments Commitment to fund and undertake detailed review only.
               Outcomes of this stage will inform Council decision to proceed with the concept as
               a project.

   Step 5              Detailed Project Decision Review
   Purpose             In alignment to the QTC Project Decision framework, where considered appropriate
                       undertake the independent detailed business case to comprehensively understand
                       analysis to seek independent assessment of project value.
   Key Actions         • Pre-feasibility studies and business case, including needs, financial and ratepayer
                         assessment, risk assessment, economic impact, cost benefit, funding,
                         procurement and market approach and/ or concept master plan.
   Commitments Outcomes of this stage will inform Council decision to proceed with the concept as
               a project.
   Step 6              Implementation Planning

   Purpose             Review and finalise the procurement and market approaches, funding applications,
                       delivery (procurement, market and contract) model, budget, and project plan
                       including resourcing, to ensure a well-informed execution of the project that mitigates

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                       delivery risks and aligns to the intent.
     Key Actions       • Procurement and market approaches that comply with legislation and Council
                         policies.
                       • Detailed project planning to ensure successful project execution and operations
                         implementation.
                       • Risk mitigation in line with Council’s risk tolerance levels.
                       • Funding strategy and implementation.
                       • Where relevant, communication and engagement planning with consideration of
                         community risks and opportunities.
     Commitments There is Council commitment to proceed and with budget, but this may be subject to
                 successful external funding and/or market response for the land acquisition or
                 activation project.

     Step 7            Project Delivery

     Purpose           Delivery in line with the project plan per Council’s project management framework.
     Key Actions       •   Procurement in line with relevant legislation and Council policy.
                       •   Contract management in line with Council’s Contract Management Framework.
                       •   Project management in line with Council’s Project Management Framework.
                       •   Where relevant, community engagement in line with community and engagement
                           planning.
     Commitments There is Council commitment to proceed and with budget.

     Step 8            Knowledge Base and Lessons Learned (Ongoing)
     Purpose           Continually identify lessons learned from previous opportunity assessment and
                       uncover key regional and industry learnings to facilitate a culture of continuous
                       improvement for land activation projects.
     Key Actions       • Post-Project Review upon completion of projects.
                       • Knowledge Sharing via case studies and training sessions to share insights and
                         best practice.
                       • Continuous Improvement to inform future projects and refine Council policies and
                         procedures.
     Commitments There is Council commitment to proceed ongoing. No budget is required.

     Steps 1-8         Support
     Support           Operational procedures, forms, templates, and training will be provided throughout
                       Steps 1-8 of the Land Activation Framework to ensure consistent implementation,
                       support decision-making, and equip Council officers with the necessary tools and
                       knowledge for effective land activation.

  IMPLEMENTATION
  To ensure that the policy is effectively implemented, it should be embedded within Council’s business
  and operational processes. Key components of this approach include:
 •     Regular Scanning for Opportunities: Regular and proactive search for potential land activation
       opportunities that could deliver significant impacts for the community and Council. This involves a
       continuous review of Council’s land portfolio to identify underutilised or strategically important land
       assets that could be activated.
 •     Comprehensive Due Diligence: Before any land activation is undertaken, a thorough due
       diligence process should be conducted. This includes site analysis, environmental assessments,
       legal reviews, consultation with key stakeholders and needs assessment. The goal is to ensure
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       that all potential risks, challenges and opportunities are fully understood before a project proceeds.
 •     Centralised Register of Opportunities: A centralised register of prioritised land activation
       opportunities and projects that serves as a key resource for tracking and managing Council’s land
       assets, ensuring that opportunities are pursued in a coordinated and strategic manner.
 •     Land Activation Framework: A land activation framework that provides a structured process for
       evaluating and advancing land activation projects. This framework includes a Working Group
       Review process, where representatives from across Council’s departments and disciplines
       collaborate to assess the feasibility, alignment and potential impacts of proposed projects.

  POLICY COMPLIANCE
  All Land Activation should align with this Policy, to ensure optimal outcomes are achieved through
  comprehensive due diligence and merit-based assessment.

  ROLES AND RESPONSIBILITIES

 Councillors: Councillors will consider and adopt the Policy.

  Chief Executive Officer (CEO) and Executive Team: The CEO and Executive Team will endorse the
  Policy for adoption and provide leadership and commitment in complying with the Policy and relevant
  legislation and policies.

  Director Corporate Services: As the Policy owner, the Director Corporate Services is responsible for
  developing, implementing and maintaining the Policy, ensuring it aligns with organisational values and
  strategic objectives, while also engaging stakeholders, overseeing compliance, monitoring
  effectiveness, and facilitating ongoing revisions as needed.

  Commercial Business Advisor: Maintains the centralised register of land activation opportunities,
  projects, lessons learned and reference materials.

  Council Officer Strategic Land Working Group: The multidisciplinary working group provides internal
  peer review of any strategic land opportunities or concepts as a stage-gate before detailed assessment
  commences and ensures the opportunity or concept aligns to this Policy.

  Council Officers: Council officers undertaking the planning, approval, and implementation of strategic
  land activation projects must comply with the Policy. It is the responsibility of Officers to understand the
  meaning and intent of this Policy. Training materials will be made available to support officers in
  applying the Policy effectively and consistently.

  RELEVANT LEGISLATION AND POLICIES

  Council Policy:

      •    Financial Sustainability Policy
      •    Use of Project Decision Framework Toolkit Organisational Policy
      •    Land Tenure Policy
      •    Local Law (1) Administration
      •    Local Law (4) Local Government Controlled Areas, Facilities, Infrastructure and Roads
      •    Commercial Use of Community Land Policy
      •    Community Purpose Land and Infrastructure Tenure Policy
      •    Procurement Policy
      •    Enterprise Risk and Opportunity Management Policy and Framework
      •    Place Based Approach Organisational Policy

  Legislation:

      •    Land Title Act 1994
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         •   Land Act 1994
         •   Local Government Act 2009
         •   Local Government Regulation 2012
         •   State Planning Policy
         •   Body Corporate and Community Management Act 1997 (Qld)
         •   Environmental Protection Act 1994 (Qld)
         •   Planning Act 2016 (Qld)
         •   Property Law Act 1974 (Qld)
         •   Retail Shop Leases Act 1994 (Qld)
         •   Residential Tenancies and Rooming Accommodation Act 2008 (Qld)
         •   Work Health and Safety Act 2011 (Qld)

  HUMAN RIGHTS STATEMENT
  In developing this Strategic Land Activation Policy, the subject matter has been considered in
  accordance with the requirements of the Queensland Human Rights Act 2019. It is considered that the
  subject matter does not conflict with any human rights and supports a human rights approach to
  decision-making by Council.
  Council representatives will endeavour to act and make decisions under this Policy in a manner that is
  compatible with human rights. In particular, representatives will endeavour to:
         •   identify relevant human rights which may be affected by the action or decision,
         •   give proper consideration to the impact of its actions and decisions on human rights, and
         •   ensure that any conduct or decision by Council which limits an individual’s human rights is
             reasonable and justifiable.
  This Policy should be read in conjunction with Council’s Human Rights Policy.

  Version control:
   Version       Reason/ Trigger              Change (Y/N)   Endorsed/ Reviewed by   Date

   1.0           Create New                                  Council




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Strategic Land Activation Policy