Delegated Report - Code - Planning OPW24 0047 (2).pdf

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                                                          Figure 1 – Loc




                                                             locality


               2.     APPLICATION BACKGROUND
               The application has occurred as part of multiple complaints from residents who live within the golf
               course housing enclaves known as Noosa Springs. Investigation into vegetation removal on the
               11th fairway was identified by officers as routine maintenance of the golf course facilities, and in
               researching the history of the site concluded that an updated golf course management plan should
               be considered to identify area of maintenance / tree removal through the preparation of an arborist
               report, revegetation and rehabilitation areas, ephemeral lake edge management, fertilizer and
               chemical usage requirements, turf management requirements and general maintenance
               requirements of a golfing facility.


               3.     SITE DETAILS
               3.1. Site History
               The site has operated as a Golf Course / resort and private housing development constructed circa
               2007.
               3.2. Site Description
               The site consists of private housing (community tile) development amongst a golf course setting.
               The golf course is a mixture of man made waterways (lakes), landscaped golf course areas, with
               remnant native vegetation within some fairways as well as surrounding the golf course on its outer
               boundaries.




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Figure 1 - Loc

 

locality

2. APPLICATION BACKGROUND

The application has occurred as part of multiple complaints from residents who live within the golf
course housing enclaves known as Noosa Springs. Investigation into vegetation removal on the
11" fairway was identified by officers as routine maintenance of the golf course facilities, and in
researching the history of the site concluded that an updated golf course management plan should
be considered to identify area of maintenance / tree removal through the preparation of an arborist
report, revegetation and rehabilitation areas, ephemeral lake edge management, fertilizer and
chemical usage requirements, turf management requirements and general maintenance
requirements of a golfing facility.

3. SITE DETAILS
3.1. Site History

The site has operated as a Golf Course / resort and private housing development constructed circa
2007.

3.2. Site Description

The site consists of private housing (community tile) development amongst a golf course setting.
The golf course is a mixture of man made waterways (lakes), landscaped golf course areas, with
remnant native vegetation within some fairways as well as surrounding the golf course on its outer
boundaries.

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               3.3. Surrounding Land Uses
               The golf course and residential development is bound by Noosa National Park to the south, Weyba
               Creek and associated Esplanade to the west, and Girraween Sports Complex and Nature Refuge
               to the east.
               4.     ASSESSMENT
               4.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •      State Planning Policy;
               •      South East Queensland Regional Plan;
               •      Planning Regulation 2017; and
               •      Noosa Plan 2020 (25 September 2020).
               4.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •     Landscaping Code
               •     Overlay Code – Biodiversity, waterways and wetlands
               The application has been found to generally comply with all applicable statutory instruments. The
               pertinent issues arising out of the assessment are discussed below:

               Vegetation Clearing
               A site inspection was undertaken regarding the vegetation clearing. Clearing works were
               identified as hazard reduction works, some of which was historical. Additional works had been
               postponed until council had undertaken an inspection. Significant damage was identified to the
               fences along the boundaries with trees growing thorough and damaging fences and creating
               breaks in the barrier which would allow people to enter the premises.
               Council investigations concluded that selective vegetation removal had occurred in specific areas
               of the course. This removal aligns with the reasonable need to install and safeguard
               infrastructure, ensure the safety of patrons and visitors, and meet the essential horticultural
               standards for managing a golf course. The course has undertaken revegetation works to
               compensate for the vegetation removal that has occurred. This included the planting of
               Lophotemon suaveolens (12), Elaeocarpus reticulatus (12), Lomandra longifolia (100), Dianella
               caerulea (100), Pennisetum alopecuroides (100).




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3.3. Surrounding Land Uses

The golf course and residential development is bound by Noosa National Park to the south, Weyba
Creek and associated Esplanade to the west, and Girraween Sports Complex and Nature Refuge
to the east.

4. ASSESSMENT
4.1. Instruments for Statutory Assessment

Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:

° State Planning Policy;

° South East Queensland Regional Plan;

° Planning Regulation 2017; and

° Noosa Plan 2020 (25 September 2020).

4.2. Noosa Plan 2020

The following codes from the Noosa Plan 2020 are applicable to this development:

e Landscaping Code
° Overlay Code — Biodiversity, waterways and wetlands

The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:

Vegetation Clearing

A site inspection was undertaken regarding the vegetation clearing. Clearing works were
identified as hazard reduction works, some of which was historical. Additional works had been
postponed until council had undertaken an inspection. Significant damage was identified to the
fences along the boundaries with trees growing thorough and damaging fences and creating
breaks in the barrier which would allow people to enter the premises.

Council investigations concluded that selective vegetation removal had occurred in specific areas
of the course. This removal aligns with the reasonable need to install and safeguard
infrastructure, ensure the safety of patrons and visitors, and meet the essential horticultural
standards for managing a golf course. The course has undertaken revegetation works to
compensate for the vegetation removal that has occurred. This included the planting of
Lophotemon suaveolens (12), Elaeocarpus reticulatus (12), Lomandra longifolia (100), Dianella
caerulea (100), Pennisetum alopecuroides (100).

“ a

 

Jame Photo showing other trees leaning on and starting to damaging the fence on the 11" hole.

— ae I Se — ae

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               Turf and Vegetation Management Plan
               It is recognised that the assessment is of a golf course, and the course managers are committed
               to maintaining the high standards expected. It would be incorrect to assume that no vegetation
               management will occur, as addressing hazards on the course is an integral part of the overall
               course management strategy. Managing vegetation within the golf course is required to ensure
               balanced aesthetics, playability, ecological outcomes and most importantly safety.

               The submitted Noosa Springs Golf and SPA Resort Turf Management Plan has addressed the
               following areas:
                    • Nutrition (Greens)
                    • Irrigation suitability testing
                    • Irrigation Systems (Cirrus)
                    • Herbicides
                    • Fungicides

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Turf and Vegetation Management Plan

 

It is recognised that the assessment is of a golf course, and the course managers are committed
to maintaining the high standards expected. It would be incorrect to assume that no vegetation
management will occur, as addressing hazards on the course is an integral part of the overall
course management strategy. Managing vegetation within the golf course is required to ensure
balanced aesthetics, playability, ecological outcomes and most importantly safety.

The submitted Noosa Springs Golf and SPA Resort Turf Management Plan has addressed the
following areas:

Nutrition (Greens)
Irrigation suitability testing
Irrigation Systems (Cirrus)
Herbicides

Fungicides

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                    •    Insecticides
                    •    Lake and wetland management
                    •    Identification of buffer zones / habitats
                    •    Vegetation management plan
                    •    Landscaping Schedule
                    •    Weeding
                    •    Planting Zone Enrichment
                    •    Revegetation
                    •    Planting Catalogue
                    •    Arboricultural Report
                    •    Tree planting guidelines
                    •    Tree work – Maintenance Log Book

               A Vegetation Management Plan has been prepared by Consult Arborist that provides guidance
               on the active management of the treescape at the golf course to ensure that the course
               continues to enhance the aesthetics, amenity that the trees provide for patrons. This includes a
               hole by hole schedule of works to be undertaken.

               An Arboricultural Report has been provided which undertook a visual tree assessment of trees in
               accessible amenity areas throughout the golf course grounds. Focus of the report was to identify
               trees that may pose health and safety concerns and trees that directly or indirectly pose a threat
               to players, staff and guests or may negatively impact buildings and infrastructure. For each tree
               observed health attributes, and structural condition were identified and used to provide a risk
               rating / priority of works, and recommendations for the management of the tree.


               5.       CONSULTATION
               5.1. Referral Agencies
               Not Applicable
               5.2. Internal Council Referrals
               Not applicable
               6.       CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The application is therefore recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No OPW24/0047 for Operational Works - Clearing Vegetation under
               planning scheme situated at 61 Noosa Springs Dr Noosa Heads Qld 4567 and described as Lot 2
               SP 100810, Lot 3 SP 178340, it is recommended the application be in accordance with the
               following details for the Decision Notice:




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e Insecticides

e Lake and wetland management

e Identification of buffer zones / habitats
e Vegetation management plan

e Landscaping Schedule

e Weeding

e Planting Zone Enrichment

e Revegetation

e Planting Catalogue

e Arboricultural Report

e Tree planting guidelines

e Tree work — Maintenance Log Book

A Vegetation Management Plan has been prepared by Consult Arborist that provides guidance
on the active management of the treescape at the golf course to ensure that the course
continues to enhance the aesthetics, amenity that the trees provide for patrons. This includes a
hole by hole schedule of works to be undertaken.

An Arboricultural Report has been provided which undertook a visual tree assessment of trees in
accessible amenity areas throughout the golf course grounds. Focus of the report was to identify
trees that may pose health and safety concerns and trees that directly or indirectly pose a threat
to players, staff and guests or may negatively impact buildings and infrastructure. For each tree
observed health attributes, and structural condition were identified and used to provide a risk
rating / priority of works, and recommendations for the management of the tree.

5. CONSULTATION

5.1. Referral Agencies

Not Applicable

5.2. Internal Council Referrals

Not applicable

6. CONCLUSION & REASONS FOR DECISION

The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.

The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION

With regard to Application No OPW24/0047 for Operational Works - Clearing Vegetation under
planning scheme situated at 61 Noosa Springs Dr Noosa Heads Qld 4567 and described as Lot 2
SP 100810, Lot 3 SP 178340, it is recommended the application be in accordance with the
following details for the Decision Notice:

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               1.      APPLICATION DETAILS

                   Application No:                  OPW24/0047

                   Street address:                  61 Noosa Springs Dr Noosa Heads Qld 4567

                   Real property description:       Lot 2 SP 100810, Lot 3 SP 178340

                   Planning Scheme:                 Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for a Operational Works - Clearing Vegetation under planning scheme
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

                       APPROVED PLANS
               1.      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

                            -                   1       Noosa Springs Golf and Spa Resort Turf and -
                                                        Vegetation Management Plan, prepared by,
                                                        Peter Woods – Gold Course Superintendent

                       CURRENCY PERIOD
               2.      The Currency Period for this development approval lapses if the development has not
                       substantially started by 18 February 2027, unless an application to extend the currency
                       period is approved by Council.
                       DURING CONSTRUCTION
                       General
               3.      Where damage occurs to any Council asset as a result of the development works, it must be
                       repaired immediately where it creates a hazard that presents risk to person or property. Other
                       damage must be repaired prior to completion of works.
               4.      All ongoing works including day to day golf course management must be constructed and
                       work procedure undertaken in accordance with;
                       a.       the approved ‘Noosa Springs Golf and Spa Resort Turf and Vegetation Management
                                Plan’ approved as part of this decision notice.
                       b.       All relevant Council Planning Scheme Policies, standard drawings, standard
                                specifications and guidelines.
                       *(Refer to Advisory Note)
               5.      The works log that is part of the approved management plan must be maintained and indicate
                       any works undertaken on site. The works log must be provided to Council upon request.
               6.      The approved management plan must be revised/amended at regular intervals not
                       exceeding five years. The revised amended plan must be submitted to Council for approval.

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1. APPLICATION DETAILS

Application No: OPW24/0047

Street address: 61 Noosa Springs Dr Noosa Heads Qld 4567
Real property description: | Lot 2 SP 100810, Lot 3 SP 178340

Planning Scheme: Noosa Plan 2020 (25 September 2020)

2. DECISION DETAILS
Council decided to issue the following type of approval:
e Development Permit for a Operational Works - Clearing Vegetation under planning scheme
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
APPROVED PLANS

1. 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

 

- 1 Noosa Springs Golf and Spa Resort Turf and | -
Vegetation Management Plan, prepared by,
Peter Woods — Gold Course Superintendent

 

 

 

 

 

 

CURRENCY PERIOD

2. | The Currency Period for this development approval lapses if the development has not
substantially started by 18 February 2027, unless an application to extend the currency
period is approved by Council.

DURING CONSTRUCTION
General

3. | Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.

4. All ongoing works including day to day golf course management must be constructed and
work procedure undertaken in accordance with;

a. the approved ‘Noosa Springs Golf and Spa Resort Turf and Vegetation Management
Plan’ approved as part of this decision notice.

b. All relevant Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.

*(Refer to Advisory Note)

5. | The works log that is part of the approved management plan must be maintained and indicate
any works undertaken on site. The works log must be provided to Council upon request.

6. The approved management plan must be revised/amended at regular intervals not
exceeding five years. The revised amended plan must be submitted to Council for approval.

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                      Plant Pest Management
               7.     Plant pest (weeds) must be managed to:
                      a.      Ensure declared plants under the Land Protection (Biodiversity Act 2016 and sub-
                              ordinate Regulation 2016) are controlled and prevented from spreading.
                      b.      Oversee management of environmental weeds identified in the Noosa Biosecurity Plan
                              2020, utilising techniques that minimise regrowth, prevent damage to non-target
                              species, retain conservation values and maintains site stability.
                      VEGETATION PROTECTION
                      Retention of Existing Trees and Vegetation
               8.     All trees and vegetation identified for retention must be protected in accordance with AS
                      4970, Protection of trees on development sites.
                      Vegetation Clearing
               9.     Prior to felling or pruning, all trees are to be inspected for wildlife (i.e. koalas, possums, birds’
                      nests etc). If wildlife is present, the tree must not be felled or pruned until the wildlife has left
                      the tree or has been removed by a qualified person*.
               10.    All tree and vegetation removal works must be undertaken by a qualified person*.
                      a.      No damage to vegetation for retention.
                      b.      Legal disposal of all removed vegetation and debris.
                      *(Refer to Advisory Note)
                      Landscape / Rehabilitation after Vegetation Clearing
               11.    Landscape and rehabilitation of cleared areas must:
                      a.      Be undertaken immediately following completion of the works that required the
                              clearing.
                      b.      Result in the area being stable and landscaped or revegetated in accordance with the
                              Noosa Springs Golf and Spa Resort Turf and Vegetation Management Plan.
                              *(Refer to Advisory Note)
               5.     REFERENCE DOCUMENTS

               Not applicable.
               6.     REFERRAL AGENCIES

               Not applicable.
               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Retention of Existing Trees
               1.     The existing trees on adjoining properties must be retained and protected during construction
                      wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
                      operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
                      construction of the development which is the subject of this development approval.
               2.     All tree management outside the scope of works identified in the approved golf course
                      management plan must be submitted to Council for review and approval.
                      Qualified Person
               3.     Qualified Person, for the purpose of:

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Plant Pest Management
7. Plant pest (weeds) must be managed to:

a. Ensure declared plants under the Land Protection (Biodiversity Act 2016 and sub-
ordinate Regulation 2016) are controlled and prevented from spreading.

b. Oversee management of environmental weeds identified in the Noosa Biosecurity Plan
2020, utilising techniques that minimise regrowth, prevent damage to non-target
species, retain conservation values and maintains site stability.

VEGETATION PROTECTION
Retention of Existing Trees and Vegetation

8. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.

Vegetation Clearing

9. Prior to felling or pruning, all trees are to be inspected for wildlife (i.e. koalas, possums, birds’
nests etc). If wildlife is present, the tree must not be felled or pruned until the wildlife has left
the tree or has been removed by a qualified person*.

10. All tree and vegetation removal works must be undertaken by a qualified person’.
a. No damage to vegetation for retention.
b. Legal disposal of all removed vegetation and debris.
*(Refer to Advisory Note)
Landscape / Rehabilitation after Vegetation Clearing
11. Landscape and rehabilitation of cleared areas must:

a. Be undertaken immediately following completion of the works that required the
clearing.

b. Result in the area being stable and landscaped or revegetated in accordance with the
Noosa Springs Golf and Spa Resort Turf and Vegetation Management Plan.

*(Refer to Advisory Note)
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:

Retention of Existing Trees

1. The existing trees on adjoining properties must be retained and protected during construction
wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
construction of the development which is the subject of this development approval.

2. All tree management outside the scope of works identified in the approved golf course
management plan must be submitted to Council for review and approval.

Qualified Person

3. Qualified Person, for the purpose of:

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                      a.      Undertaking, supervising tree works and preparing arboriculture certification, is
                              considered to be a person with a minimum three years current experience in tree
                              protection, hazard identification/mitigation assessment and either:
                              i.       International Society of Arboriculture (ISA) certification; or
                              ii.      A Diploma of Arboriculture.
                      b.      Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.


               8.     PROPERTY NOTES

               Not applicable.
               9.     VARIATION APPROVAL DETAILS

               Not applicable.
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

               Not applicable.
               11.    SUBMISSIONS

               Not applicable.
               12.    RIGHTS OF APPEAL

               You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
               Planning Act 2016 is attached.
               During the appeal period, you as the applicant may suspend your appeal period and make written
               representations to Council about the conditions contained within the development approval. If
               Council agrees or agrees in part with the representations, a negotiated decision notice will be
               issued. Only one negotiated decision notice may be given.
               13.    OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available online at
               www.noosa.qld.gov.au or at Council Offices.




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a. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation assessment and either:

i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.

b. Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.

8. PROPERTY NOTES

Not applicable.

9. VARIATION APPROVAL DETAILS

Not applicable.

10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.

11. SUBMISSIONS

Not applicable.

12. RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.

During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.

13. OTHER DETAILS

If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.

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