Negotiated Report (Representations made) RAL20 0021

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Patrick Murphy, Coordinator Planning
Development Assessment

APPLICATION DETAILS
Application No.	RAL20/0021
Development Approval	Development Permit to Reconfigure a Lot (1 Lot into 19 and park)
Applicant	Vantralia Pty Ltd
Representations Received On	4 June 2021
Number of Submissions for Original Application	Not applicable

PROPERTY DETAILS
Property Address	2 Pearsons Rd Cooroy Qld 4563
RP Description	Lot 3 RP 113733
Land Area	17450m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy
Zone	Low Density Residential Environmental Management and Conservation
Overlays	Biodiversity Overlay – Riparian Buffer and Waterway Flood Hazard Overlay
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit to Reconfigure a Lot (1 Lot into 19 and park) was issued on 30 April 2021
The applicant suspended the appeal period and made representations on 4 June 2021 to the development approval conditions. The representations are detailed below but primarily relate to stormwater management, waterway rehabilitation and landscaping requirements.

assessment
An assessment in relation to each of the submitted representations is provided below:
Applicant’s Representation
Condition 7: Works within Protected Lands
The following works must be undertaken within the land to be dedicated to the Crown as a reserve for the purpose of an Environmental Park and Lot 99 RP881300:
The construction of a pathway in accordance with drawing number 2035-01 (master Layout & SWMP Plan 1of 3) Rev E dated 16.04.2021.
Rehabilitation and re-vegetation of the waterway and park area.
The Condition 7(b) implies that revegetation of the park area on Lot 99 in RP881300 is required. The only Works to be undertaken within Lot 99 is the construction of a natural channel design extension of the waterway as shown on the approved plans and the revegetation of the riparian width of this constructed waterway. As such it is requested that the condition be amended as follows:
7 (b) Rehabilitation of the park area within the proposed Lot 100 – Environmental Park.
7 (c) Revegetation of the riparian width only of the constructed waterway within proposed Lot 100 and existing Lot 99 in RP881300.
7 (d) Construction of the bio-basin and detention basin as per the approved plans with these stormwater systems being vegetated as proposed i.e., bio-basin as per the guidelines an detention basin to be turfed.
Assessment of Representation
It is agreed that the current wording of the condition requires the rehabilitation and revegetation of all of Lot 99, which is an existing lot owned by the State with Council as Trustee. The condition proposed by the applicant is generally supported as is it clarifies the extent of proposed works required in both lots 99 and 100. As discussed later in this report the request for the detention basin to be turfed is not supported and therefore proposed condition 7(d) is not recommended to be included. It is recommended that condition 7 be amended to read:
The following works must be undertaken within the land to be dedicated to the Crown as a reserve for the purpose of an Environmental Park and Lot 99 RP881300:
The construction of a pathway in accordance with drawing number 2035-01 (master Layout & SWMP Plan 1of 3) Rev E dated 16.04.2021.
Rehabilitation of the park area within the proposed Lot 100 – Environmental Park.
Revegetation of the riparian width only of the constructed waterway within proposed Lot 100 and existing Lot 99 in RP881300.

Applicant’s Representation
Condition 8: New Roads
The new road shown on the Approved Plans must be constructed in accordance with the conditions of the Decision Notice and dedicated as road reserve at no cost to Council. The new road must join smoothly with the existing formation of Blue Wren Court. The works must be undertaken in accordance with Council’s Planning Scheme Policy 6 – Engineering Design Standards. The works must include in particular:
e. installation of Street and Pathway Lighting
There should be no need for extra pathway lighting within the new road reserve as the paths within the new road reserve are lit by street lighting. Therefore, it is requested that Condition 8(e) be amended to:
e.	Installation of street lighting within the road reserve.
Assessment of Representation
The intent of the condition is to provide suitable lighting on those paths that may be used during the late afternoon and night. This type of path would connect the development site to the major pathway networks and public transport. It is noted that the other pathways in the area that traverse through parklands to connect to other estates do not have lighting.

In this instance Council’s lighting concerns relate to the pathway between Lots 6 & 7 connecting through to Spotted Gum Court. The distance between the existing and proposed roads is approximately 60m with a change in direction at the rear property boundary line. This distance and alignment creates concerns that suitable lighting levels may not be available at the midpoint of the pathway. The extent of lighting required will be determined during the subsequent operational works application.  It is also noted that the land between Lots 6 & 7 will be dedicated as “road” as part of the subsequent survey plan, similar to that created by SP305293 (Spotted Gum Court).
While Council agrees that the condition does require clarification to the extent of lighting required it is recommended that the condition be reworded as follows:
e.	Installation of street lighting within the road reserve and where required on the pathway between Lots 6 & 7 and Spotted Gum Court to ensure this pathway is appropriately lit.

Applicant’s Representation
Condition 10: Property Access and Driveways
A residential driveway must be constructed to Lot 2-15. In regard to Lots 8 & 9 the access must extend from the road formation to the end of the access handle/easement.
The works must be undertaken in accordance with an Operational Works approval.
The planning scheme does not require that each new urban lot has a driveway constructed. The construction of driveways can only be justified to ensure driveways are not built over bio-pods or where rubbish bins are placed for collection. The only Lots that have a frontage constrained by bio-pods and rubbish bin stands are Lots 3, 4, 6-11 and 13. The remaining Lots can provide the driveways in accordance with the building applications for dwellings.
Therefore, the Condition 10 should be changed to:
10. 	A residential driveway must be constructed to Lots 3, 4, 6-11 and 13 and with respect to Lots 8 & 9 the access must be extend from the road formation to the end of the access handle/easement.

Assessment of Representation
The intent of the condition is for those lots that have a constrained location for the future driveway due to infrastructure in the road reserve (bio-pods, pathways or vegetation) or the shape/distance of the frontage. In that regard Council considers that lots 1 & 2 do not require construction by the developer but the remaining lots do. It is recommended that the condition be reworded as follows:
10.	A residential driveway must be constructed to Lot 3 -15. In regard to Lots 8 & 9 the access must extend from the road formation to the end of the access handle/easement.

The works must be undertaken in accordance with an Operational Works approval.

Applicant’s Representation
Condition 12: Pedestrian Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
2.0 metre wide footpaths as indicated on the approved plans within the new road reserve and within the proposed Park
A 2.0 metre wide footpath extending north through the adjoining Park to the footbridge
A 2.0 metre wide footpath between proposed Lots 6 and 7 and extending to the south along the pathway between Lots 39 and 40 SP305293 to the formation of Spotted Gum Court. The works must include any necessary modification to the existing storm pit located in the pathway between Lots 39 and 40 SP305293.
The pathway must be:
Adequately lit
Turfed either side of the pathway
Designed to ensure inhibit vehicle access
A connection to the existing pathway on the southern side of Spotted Gum Court
Pram crossings on either side of Spotted Gum Court and where required on the new road.
Condition 12 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
With respect to c. the pathway reserve between Lots 39 and 40 on SP305293 was created as a part of Stage 4 of Erindale Park in 2018; however, Council did not impose a Condition to construct the footpath within the pathway reserve as a part of the development. It is extremely onerous upon the developer of the subject property to be required to construct a pathway within a recent adjoining development. The applicant seeks the property to be required to construct a pathway within a recent adjoining development. The applicant seeks the deletion of the requirement to construct the pathway between Lots 39 and 40 on SP305293.
Further with respect to point c., it is noted that the stormwater pit does not require modification as the pathway crossing needs to be higher than the stormwater pit, which has been constructed to be a sag pit in the pathway and has been designed to back up water up to 100mm deep and 3m wide in an intense storm event. The applicant also seeks the deletion of the requirement to make any amendment to a stormwater pit that was constructed in a previous development.
With respect to points d. and e. it is extremely onerous to complete the construction of a pathway to connect to the existing pathway on the southern side of Spotted Gum Court and install pram crossings for the aforesaid reasons. The actual construction of the pathway is problematic as kerb inlet stormwater pits are located in the kerbs in Spotted Gum opposite the pathway. The kerb inlet pits include substantial lintels along the kerb which will not permit the installation of pram crossings.
Accordingly, the applicant seeks deletion of points d. and e. from Condition 12.
Therefore it is requested that Condition 12 be amended to:
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
b)	2.0 metre wide footpaths as indicated on the approved plans within the new road reserve and within the proposed Park
b)	a 2.0 wide footpath extending north through the adjoining Park to the footbridge
c)	a 2.0 metre wide footpath between proposed Lots 6 and 7.
Condition 12 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Assessment of Representation
The relevant code from the planning scheme (Transport, Roads and Drainage Code) has a number of overall outcomes and specific outcomes that require development to provide infrastructure that encourages travel by means other than private vehicles and connects to the wider pathway networks and public transport. It is noted that the preliminary engineering plans submitted as part of the subject application, specifically drawing number 2035-03E prepared by Callaghan and Toth, indicate the extent of pathways required by the condition. It is noted that this plan indicates that the sections of pathway within Spotted Gum Court are aligned to be west of the existing stormwater inlet pits in the kerb. It is apparent from the representations that the applicant believes that Council requires modifications to these stormwater inlet pits in the kerb. This is not correct. The intent of the condition is for modifications to be made to the existing pit located between Lots 39 and 40 on SP305293 (Nos 12-14 Spotted Gum Court) in order to make it safe to be included in a pathway. This may be as little as changing the type of grate on the pit or replacing the grate with a solid lid and will be determined as part of the subsequent operational works application. It is recommended that Council do not agree to change the condition

Applicant’s Representation
Condition 13: Stormwater Quality
Stormwater Quality Treatment must generally be in accordance with the Integrated Water management Plan revision 3 16 Lot Reconfiguration at Pearsons Road, Cooroy for Noosa Council April 2021, except as follows:
Gross Pollutant Traps are not approved. Alternative measures to achieve the pollutant reduction predicted for the GPT’s must be provided.
Gross Pollutant Trap is a generic term used for music node. The actual device proposed in the MUSIC model is a coarse sediment trap that Water by Design require as a pre-treatment to a bio-basin. The music node pollution reduction values were reduced to 50% sediment reduction only to reflect the course sediment trap. Therefore, it is requested that Condition 13(a) be change to:
“Gross Pollutant Traps are not approved. Alternative measures to achieve the pollutant reduction predicated for the GPT must be provided such as a coarse sediment trap”.
Assessment of Representation
Coarse sediment fore bays are the pre-treatment Water by Design require as a pre-treatment to a biobasin. MUSIC Modelling Guidelines V3.0 -2018 states that coarse sediment fore bays, typically provided to manage coarse sediment entering bio retention basins, are not specifically designed to remove TSS. Those guidelines recommend that coarse sediment fore bays are not credited with TSS removal and should not be modelled as sediment basins in MUSIC.
MUSIC Modelling Guidelines V3.0 -2018 also state that assessment authorities should not accept models using GPT node unless the applicant has demonstrated that:
• The proposed reduction efficiencies are justified by rigorous scientific testing and results are published in a credible engineering/scientific journal. Copies of the supporting published paper must be lodged with the development application
• The modelled pollutant reduction efficiency reflects the published figures.
The applicants proposal to include additional wording of “such as a coarse sediment trap” does not change the outcome achievable by the current wording of the condition. Therefore, it is recommended to decline the requested change to Condition 13a.
Applicant’s Representation
The first applicant for Operational Works submitted to this approval must include an amended Integrated Water Management Plan (IWMP). The amended IWMP submitted for approval must include an updated MUSIC model prepared in accordance with the Healthy Land and Water, Water by design Music Modelling Guidelines, which demonstrate the minimum pollution reduction targets of 80% reduction in Total Suspended Solids, 60% reduction in Total Phosphorous and 45% reduction in Total Nitrogen are achievable by the detail design, required by this approval. Rainwater Reuse tanks, or first flush diverters may be included to achieve the required targets.
Noosa Council has not been approved to ‘opt-in’ to the relevant Queensland Development Code (QDC) to require rainwater tanks for new houses in urban sub-divisions therefore it is considered that legally Council cannot require property owners to connect a rainwater tank. Therefore, it is requested that the last sentence “Rainwater Reuse tanks, or first flush diverters may be included to achieve the required targets.” Be deleted. THAT IS Condition 13(b) be amended to:
The first application for Operational Works submitted pursuant to this approval must include an amended Integrated Water Management Plan (IWMP). The amended IWMP submitted for approval must include an updated MUSIC model prepared in accordance with the Healthy Land and Water, Water by design Music Modelling Guidelines, which demonstrate the minimum pollution reduction targets of 80% reduction in Total Suspended Solids, 60% reduction in Total Phosphorous and 45% reduction in Total Nitrogen are achievable by the detail design, required by this approval.
Assessment of Representation
The condition is worded that rainwater tanks or first flush diverters may be used to achieve targets. Whilst Council is not requiring for rainwater tanks or first flush diverters to be used it is not possible to require future dwellings to be provided with water tanks. It is recommended that the condition be amended as requested by the applicant so that it reads:
The first applicant for Operational Works submitted to this approval must include an amended Integrated Water Management Plan (IWMP). The amended IWMP submitted for approval must include an updated MUSIC model prepared in accordance with the Healthy Land and Water, Water by design Music Modelling Guidelines, which demonstrate the minimum pollution reduction targets of 80% reduction in Total Suspended Solids, 60% reduction in Total Phosphorous and 45% reduction in Total Nitrogen are achievable by the detail design, required by this approval.
Applicant’s Representation
Pollutant reduction target calculations must include reduction obtained for Catchment F
Please not that pollutants for Catchment F flow into Blue Wren Ct Bioretention Basin. The MUSIC model for Blue Wren Court development included Catchment F as a source node and the Bio-Basin achieves the target reductions. Therefore, it is requested that Condition 13 (c) be amended to:
Pollutant reduction target calculations for Blue Wren Ct must include Catchment F pollutant reductions and should form part of the amended IWMP.
Assessment of Representation
The State Planning Policy requires that developments achieve pollutant reduction targets of 80% reduction in TSS, 60% reduction in TP and 45% reduction in TN. The current wording of the condition only requests that that pollutant reduction targets are demonstrated, and does not prohibit for catchment F to be treated in the Blue Wren Ct Bio retention basin. Because each development application is to be assessed on its own merits, it is recommended to not change Condition 13c as requested.
Applicant’s Representation
Appendix 1 of the amended IWMP must clearly outline special detail design elements required by any building or plumbing design to achieve the minimum pollutant reduction targets for the development
Since rainwater tanks are not to be constructed, the only other special design elements required are that some lots have property notes stating that roof downpipes to be connected to supplied kerb adapters in the road. It is requested to amend Condition 13(d) to:
“Appendix 1 of the amended IWMP must clearly outline special design elements, such as roof water connections to kerb required by any building or plumbing design to achieve the minimum pollutant reduction target for the development”.
Assessment of Representation
Noting the amendment to condition 13b the applicant’s proposed amendment to this condition is supported such that Condition 13d now reads as follows:
Appendix 1 of the amended IWMP must clearly outline special design elements, such as roof water connections to kerb required by any building or plumbing design to achieve the minimum pollutant reduction target for the development.

Applicant’s Representation
The applicant must include a proposal for approval, which demonstrates how any detail design elements to be included in Appendix 1 of the amended approved IWMP, will be included and able to be legally enforced for buildings on the development.
This condition is only required for rainwater tanks, which it is considered cannot be enforced by law, as Council have not opted-in to the relevant Queensland Development Code (QDC). Therefore, it is requested that this condition be deleted.
Assessment of Representation
Agreed – condition to be deleted

Applicant’s Representation
All contracts of sale must include the additional detail design measures necessary to achieve the minimum stormwater pollutant reduction targets and submitted as part of any Operational Works application.
As per the response for Condition 13(e) it is also requested that this condition be deleted.
Assessment of Representation
Agreed – condition to be deleted
Applicant’s Representation
Condition 22:
A private easement for drainage purposes must be registered against the title of proposed Lot 8 in favour of proposed lots 9 and 18, Lot 2 on RP113733. The term of the easement must place the maintenance responsibilities on the grantor.
It is understood that Condition requires the easement to be registered in favour of Lot proposed 16, not 18. The Conditions also requires the Easement to be created to benefit Lots 1 and 2 on RP113733. This will require all of the owners of those Lots to execute the Easement document.
This requirement may place the applicant in a dubious position by having to approach adjoining owners to request an action that they may not agree to, even if it is for their benefit.
The applicant requests an amendment to the Condition, so that if the adjoining owners do not respond favourably to the request within 60 days of being approached in writing by the applicant; the easement is registered in favour of Noosa Council. Accordingly, the applicant requests the amendment of Condition 22 to:
“An easement for drainage purposes must be registered against the title of proposed Lot 8 in favour of proposed lots 9 and 16, Lot 2 on RP113733 and Lot 1 on RP113733. However, should the owners of either or both Lots 1 and 2 on RP113733 not agree to the execution of the Easement document within 60 days of a written request from the applicant; the Easement can be prepared to benefit Noosa Shire Council.
The term of the easement must place the maintenance responsibilities on the grantor.”
Assessment of Representation
The applicant’s representations are correct in that Council’s intent is for these easements to be private easements and Council not be involved with the ongoing administration and maintenance of the easements. It is acknowledged that it is problematic obtaining authority from adjoining property owners even when the easements benefit their properties. The issue for Council is how to record the adjoining property owner’s position for future reference and Council has some concern with the wording proposed by the applicant. It is recommended that the condition be reworded as follows:

22.	An easement for drainage purposes must be registered against the title of proposed Lot 8 in favour of proposed lots 9 and 16, Lot 2 on RP113733 and Lot 1 on RP113733. However, should the owners of either or both Lots 1 and 2 on RP113733 not agree in writing to the execution of the Easement document within 60 days of a written request from the applicant; the Easement can be prepared to benefit Noosa Shire Council.

The term of the easement must place the maintenance responsibilities on the grantor.
Applicant’s Representation
Condition 23:
A private easement for drainage purposes must be registered against the title of proposed Lot 10 in favour of Lot 1 on RP113733. The term of the easement must place the maintenance responsibilities on the grantor.
The applicant also requests the amendment of this Condition in accordance with the reasons stated in response to Condition 22. Therefore, the applicant requests that the Condition be amended to:
“An easement for drainage for drainage purposes must be registered against the title of proposed Lot 10 in favour of Lot 1 on RP113733. However, should the owners of Lot 1 on RP113733 not agree to the execution of the Easement document within 60 days of a written request from the applicant; the Easement can be prepared to benefit Noosa Shire Council.
Term of the easement must place the maintenance responsibilities on the grantor.”
Assessment of Representation
Assessment as per Condition 22 and condition to be reworded as follows:

23.	An easement for drainage purposes must be registered against the title of proposed Lot 10 in favour of Lot 1 on RP113733. However, should the owners of Lot 1 on RP113733 not agree in writing to the execution of the Easement document within 60 days of a written request from the applicant; the Easement can be prepared to benefit Noosa Shire Council.

The term of the easement must place the maintenance responsibilities on the grantor.

Applicant’s Representation
Condition 31: Landscaping Works
The development site must be landscaped. The work must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
Provision of 1 street tree with a minimum pot size of 100 litres planted within the road reserve for every 8 metres of road frontage including the cul-de-sac.
Provision of turfed area to road frontages.
Condition 31(a) requires a street tree for every 8m of road frontage. The road frontage in front of the lots, totals 230m and would result in 28 street trees. This is considered unreasonable to achieve placement of all these trees within the road reserve; particularly around the head of the cul-de-sac due to driveways and rubbish bin pads. The preliminary works plans lodged with the application show 15 trees can be located within the development that provides a streetscape in accordance with the character of the local area. The applicant requests the imposition of a Condition that imposes landscaping requirements in accordance with the preliminary works plans.
Condition 31(a) also requires the provision of street trees of a minimum pot size of 100 litres; however it is not that Planning Scheme Policy 2 Landscaping requires street trees to be planted with a minimum pot size of 45 litres. The applicant requests the imposition of a Condition in accordance with the Policy.
Accordingly, we request that Condition 31(a) be amended as follows:
“Provision of 15 street trees along the frontage of the Lots with a minimum pot size of 45 litres planted within the road reserve, excluding the head of the cul-de-sac.”
Assessment of Representation
It is acknowledged that the shape of the cul-de-sac may constrain the capacity for plantings as requested by the condition noting driveways and the need bin storage areas will also occupy this area, it is also noted that the 15 trees detailed on the plans provides for adequate coverage of street trees. It is also reasonable that the minimum pot size accord with the size detailed in the policy, therefore it is recommended to amended condition 31(a) to read:
Provision of 15 street trees along the frontage of the Lots with a minimum pot size of 45 litres planted within the road reserve, excluding the head of the cul-de-sac.

Applicant’s Representation
Condition 32: Landscaping Works
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form and be refurbished when its life expectance is reached.
This condition states that the landscape works be maintained for “the life of the development” which is ambiguous. The last sentence also reads that after the plants reach their life expectancy the contractor is to replace. It is requested the condition be amended as follows:
“All landscape works must be established and maintained over the one-year maintenance period and in a manner that ensures healthy, sustained and vigorous plant growth.”
Assessment of Representation
It is agreed that the wording of the condition should be amended such that maintenance is limited to the one-year maintenance period with the condition amended to read:
All landscape works must be established and maintained over the one-year maintenance period and in a manner that ensures healthy, sustained and vigorous plant growth.

Applicant’s Representation
Condition 33:
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
It is requested that this condition be deleted as it appears to be a repetition of the start of Condition 32.
Assessment of Representation
Agreed  - recommended to delete condition 32
Applicant’s Representation
Condition 36: Rehabilitation Works of Waterway and Park
Rehabilitation of the Waterway – the area to be rehabilitated must be generally 5m from the top of bank of the waterway from the new road south of lot 15 to the creek in 99RP881300 as shown on drawing number 2035-01 (Master Layout & SWMP Plan 1 of 3) Rev E dated 16.04.2021.
From discussions at a meeting with Council staff this waterway is considered as minor which would attract a 10m wide riparian corridor. The swale is currently designed as 5m wide bank to bank and it is noted that the existing waterway does not have banks in most locations and its width varies. If the riparian width is 5m from the top of the design bank the riparian zone will spill over into Lot 15 and into the detention basin. Therefore, it is requested that Condition 36(a) be amended to comply with the discussions and changed to:
”Rehabilitation of the Waterway – the area to be rehabilitated must be generally 5m form the centreline of the waterway; from the new road south of Lot 15 to the creek in Lot 99 in RP881300 as shown on drawing number 2035-01 (Master Layout & SWMP Plan 1 of 3) Rev E dated 16.04.2021.
Assessment of Representation
It is agreed that the condition be amended to better reflect discussions which occurred with Council staff which acknowledged the degraded nature of waterway and practical impediments such as lot 15’s boundary and the detention basin. It is agreed to amend the condition to read:
a.	Rehabilitation of the Waterway – the area to be rehabilitated must be generally 5m form the centreline of the waterway; from the new road south of Lot 15 to the creek in Lot 99 in RP881300 as shown on drawing number 2035-01 (Master Layout & SWMP Plan 1 of 3) Rev E dated 16.04.2021.

Applicant’s Representation
Mature native vegetation within the waterway corridor must be retained in-situ unless required to be removed for the conduct of the approved use or where the vegetation poses a well-founded risk; supported by a written report from a qualified person.
It is understood that Condition 36(b) relates to the area of the waterway corridor between the new road south of Lot 15 and the creek in Lot 99 in RP881300. Therefore, for clarity it is requested that Condition 36(b) be amended to:
“Mature vegetation within the waterway corridor to be retained in situ if possible, unless required to be removed for the construction of the natural channel (waterway) south of Lot 15, or where vegetation poses a risk. Where vegetation is required to be removed to reduce safety risks this request is to be supported by a written report from a qualified person.”

Assessment of Representation
It is agreed that the amended condition as proposed by the applicant provides greater clarity regarding the extent of works required in this area, particularly acknowledging that specific works are required to the waterway which may impact on tree retention. A minor change is required to the wording propose by the applicant to rectify a grammatical error. It is recommended that the wording be amended to read:
b.	Mature vegetation within the waterway corridor must be retained in situ if possible, unless required to be removed for the construction of the natural channel (waterway) south of Lot 15, or where vegetation poses a risk. Where vegetation is required to be removed to reduce safety risks this request is to be supported by a written report from a qualified person.

Applicant’s Representation
Retention of existing bed and banks of the waterway unless required to be modified to ensure function of the approved stormwater system.
All meetings with Council, it was concluded that the bed and banks should be reshaped into a vegetated swale with stone low flow base and vegetated banks with coir mesh, as per the works that were undertaken in Stage 3 of Erindale Park. It is therefore requested that this condition be deleted.
Assessment of Representation
The deletion of the condition is not supported as it will result in the type of works required in this area to be unclear. It is recommended that the condition be amended to reflect that the applicant may reshape the bed and banks into a vegetated swale with stone low flow base and vegetated banks with coir mesh. It is therefore recommended that the condition be amended to read:
c.	Retention of existing bed and banks of the waterway unless required to be modified to ensure function of the approved stormwater system, which may include reshaping into a vegetated swale with stone low flow base and vegetated banks with coir mesh.
Applicant’s Representation
Revegetation of the park area, including the detention basin, ensuring plantings maintain sufficient separation from the proposed pathway in the park, using a staggered growth forms, grading from grasses, shrubs through to trees either side of the pathway, where applicable.
The detention basin on the submitted plan 2035-01 is shown as turfed. This is normal practice within a bank. There are bank safety issues and public safety issues if the pathway is hidden from street view. Therefore it is requested that the condition be amended as follows:
“Revegetation of the park area, ensuring plantings maintain sufficient separation form the proposed pathway in the park, using a staggered growth forms, grading from grasses, shrubs through to trees either side of the pathway, where applicable, excluding the detention basin.”
Assessment of Representation
CEPTD requirements can be achieved with low shrubbery and native grasses, the planting of vegetation reduces maintenance costs into the future as otherwise the area would require regular mowing. The applicants request to amended condition 36d. is therefore not supported.

RECOMMENDATION
With regard to Application No. RAL20/0021, and the representations made, Council on 9 July 2021 decided to:
A.	Agree to amend conditions 7, 8e, 10, 13b, 13d, 22, 23, 31a, 32 and 36a, b, and c. to read as follows:
The following works must be undertaken within the land to be dedicated to the Crown as a reserve for the purpose of an Environmental Park and Lot 99 RP881300:
The construction of a pathway in accordance with drawing number 2035-01 (master Layout & SWMP Plan 1of 3) Rev E dated 16.04.2021.

Rehabilitation of the park area within the proposed Lot 100 – Environmental Park.

Revegetation of the riparian width only of the constructed waterway within proposed Lot 100 and existing Lot 99 in RP881300.
The new road shown on the Approved Plans must be constructed in accordance with the conditions of this Decision Notice and dedicated as road reserve at no cost to Council. The new road must join smoothly with the existing formation of Blue Wren Court. The works must be undertaken in accordance with an Operational Works approval and be designed and constructed in accordance with Council’s Planning Scheme Policy 6 – Engineering Design Standards. The works must include in particular:
Installation of street lighting within the road reserve and where required on the pathway between Lots 6 & 7 and Spotted Gum Court to ensure this pathway is appropriately lit.

A residential driveway must be constructed to Lot 3 -15. In regard to Lots 8 & 9 the access must extend from the road formation to the end of the access handle/easement.
The works must be undertaken in accordance with an Operational Works approval.
Stormwater Quality Treatment must generally be in accordance with the Integrated Water management Plan revision 3 16 Lot Reconfiguration at Pearsons Road, Cooroy for Noosa Council April 2021, except as follows:
The first applicant for Operational Works submitted to this approval must include an amended Integrated Water Management Plan (IWMP). The amended IWMP submitted for approval must include an updated MUSIC model prepared in accordance with the Healthy Land and Water, Water by design Music Modelling Guidelines, which demonstrate the minimum pollution reduction targets of 80% reduction in Total Suspended Solids, 60% reduction in Total Phosphorous and 45% reduction in Total Nitrogen are achievable by the detail design, required by this approval.

Appendix 1 of the amended IWMP must clearly outline special design elements, such as roof water connections to kerb required by any building or plumbing design to achieve the minimum pollutant reduction target for the development.

An easement for drainage purposes must be registered against the title of proposed Lot 8 in favour of proposed lots 9 and 16, Lot 2 on RP113733 and Lot 1 on RP113733. However, should the owners of either or both Lots 1 and 2 on RP113733 not agree in writing to the execution of the Easement document within 60 days of a written request from the applicant; the Easement can be prepared to benefit Noosa Shire Council.
The term of the easement must place the maintenance responsibilities on the grantor.

An easement for drainage purposes must be registered against the title of proposed Lot 10 in favour of Lot 1 on RP113733. However, should the owners of Lot 1 on RP113733 not agree in writing to the execution of the Easement document within 60 days of a written request from the applicant; the Easement can be prepared to benefit Noosa Shire Council.

The term of the easement must place the maintenance responsibilities on the grantor.
The development site must be landscaped. The work must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
Provision of 15 street trees along the frontage of the Lots with a minimum pot size of 45 litres planted within the road reserve, excluding the head of the cul-de-sac.
All landscape works must be established and maintained over the one-year maintenance period and in a manner that ensures healthy, sustained and vigorous plant growth.

36. 	Rehabilitation works must be undertaken in accordance with an Operational Works approval and Planning Scheme Policy - PSP 2 Landscaping. An ecological rehabilitation plan must be submitted, prepared by a suitably qualified person* (* refer Advisory Notes) for the waterway and park area and must include in particular:
Rehabilitation of the Waterway – the area to be rehabilitated must be generally 5m form the centreline of the waterway; from the new road south of Lot 15 to the creek in Lot 99 in RP881300 as shown on drawing number 2035-01 (Master Layout & SWMP Plan 1 of 3) Rev E dated 16.04.2021.

Mature vegetation within the waterway corridor must be retained in situ if possible, unless required to be removed for the construction of the natural channel (waterway) south of Lot 15, or where vegetation poses a risk. Where vegetation is required to be removed to reduce safety risks this request is to be supported by a written report from a qualified person.

Retention of existing bed and banks of the waterway unless required to be modified to ensure function of the approved stormwater system, which may include reshaping into a vegetated swale with stone low flow base and vegetated banks with coir mesh.

B.	Delete conditions 13e, 13f and 33
C.	Refuse to amend conditions 12, 13a and 13c for the following reasons:
The proposed development is required to provide adequate pedestrian/bicycle connectivity in accordance with the Transport, Roads and Drainage Code to encourage travel by means other than private vehicles and provide connection to the wider pathway networks and public transport.
The water quality conditions are consistent with the requirements of the State Planning Policy and the Noosa Plan 2020.
D.	Refuse to delete condition 36g for the following reasons:
A grassed detention swale is not supported as CEPTD requirements can be achieved with low shrubbery and native grasses, the planting of vegetation reduces maintenance costs into the future.
E.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

[word/footer1.xml]
Page 13 of 13

[word/header1.xml]
3