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2020-08-31 Special Meeting Agenda
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AGENDA
Special Meeting
Monday, 31 August 2020
commencing at 10.30am
Council Chambers, 9 Pelican Street, Tewantin
Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
SPECIAL MEETING AGENDA 31 AUGUST 2020
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
REPORTS 3
1 TEMPORARY EVENT PERMIT APPROVALS DURING COVID-19 PANDEMIC 3
2 RAL18/0023 – PLANNING & ENVIRONMENT COURT APPEAL NO. 765 OF 2020 –
REFUSAL OF APPLICATION FOR RECONFIGURING A LOT (1 LOT INTO 23 LOTS)
AT 28 EENIE CREEK ROAD, NOOSAVILLE 15
MEETING CLOSURE -
Page 2 of 35
Section 3
SPECIAL MEETING AGENDA 31 AUGUST 2020
REPORTS
1 TEMPORARY EVENT PERMIT APPROVALS DURING COVID-19 PANDEMIC
Author Property Manager, Clint Irwin
Corporate Services Department
Index ECM/ 34.60 Licences/Permits/Registrations
Attachments 1. Media Articles COVID-19 Outbreaks
2. Noosa Triathlon Letter of Support - Business Associations
3. Email from Noosa Junction Association
EXECUTIVE SUMMARY
The events industry like many sectors of the community has been severely impacted by the
COVID-19 pandemic and is grappling with the challenges of running events in the pandemic
environment. While many events at international, national, state and local level have been
cancelled or postponed there are many event organisers who wish to continue with their events
and Council is continuing to receive a number of event permit requests.
The State Government recently released a framework for the events industry, designed to assist
event organisers to manage risk associated with the transmission of infectious diseases such as
COVID-19. The framework categorises events based on the number of people attending and each
event must receive State approval or comply with a COVID Safe Checklist depending on the scale
of the event.
The framework is a comprehensive management approach and will serve as a useful tool for event
organisers; however there are some important issues it does not consider. The framework is silent
on the issue of public liability insurance for COVID-19 (and the availability of such) and does not
consider the health, social, financial and reputational damage to an area and the ripple effect on
business, tourism and the community should a COVID-19 outbreak occur as a result of a Council
permitted mass gathering.
Given the risk factors identified in this report, it is recommended Council take a precautionary
approach to approving mass gathering events in the current COVID-19 environment and approve
markets and events of not more than 500 people (Category 3 events under the State framework)
after assessment against a number of risk based criteria. Furthermore, it is recommended a
COVID-19 Event Reference Group be established to assess event applications and monitor
developments in relation to the current COVID-19 environment to ensure an appropriate risk-
based approach continues to be applied to events, without compromising community health, long
term business and tourism viability and the Noosa Brand.
RECOMMENDATION
That Council note the report by the Property Manager to the Special Meeting dated 31 August
2020 and:
A. Refuse Temporary Event permit applications for Category 1 events (greater than 10,000
people) and Category 2 events (not fewer than 500 or more than 10,000 people);
B. Agree to consider an update report regarding Category 1 and Category 2 events and the
broader events environment at Council’s February 2021 round of meetings;
Page 3 of 35
Section 4
SPECIAL MEETING AGENDA 31 AUGUST 2020
C. Allow Category 3 events including markets with fewer than 500 people subject to Council’s
normal permit application assessment and approval process and the following additional
assessment criteria:
Satisfactory completion of a COVID Safe Event Checklist including a signed and
displayed Statement of Compliance;
Events to be focused towards Sunshine Coast participants only;
No provision of alcohol (not licensed) unless the applicant has sought an exemption
from Council and the exemption has been formally considered by Council;
Consideration of the potential for the event to attract larger attendance numbers than
forecast;
Events that have capacity to implement controlled seating and allocated areas will be
preferred to those with uncontrolled movement of people, i.e. attendees intermingling
onsite; and
Current health advice from the State.
D. Approve the establishment of the COVID-19 Event Reference Group as outlined in the report;
and
E. Authorise the CEO to review and amend membership of the COVID-19 Event Reference
Group as required.
REPORT
1. Background
The COVID-19 pandemic has severely impacted communities around Australia. The events
industry has not been immune from its effects with media describing the pandemic as a wrecking
ball through the industry. Internationally, many high profile events such as Wimbledon have been
cancelled. The Olympics have been postponed to 2021 and major Queensland events such as
Riverfire and the Ekka have been cancelled. Locally, many event organisers have also cancelled
events given heightened concerns with the risk of continuing with organised activities during the
COVID-19 pandemic environment.
Recognising the many important economic, community and social benefits events provide to
communities, the State, through the Queensland Tourism Industry Council (QTIC), released the
Industry Framework for COVID Safe Events (the Framework) as part of its stage 3 relaxations for
easing COVID emergency restrictions.
Council continues to receive event applications from organisers wishing to operate events. Other
than the Framework provided by the State, Council currently has no assessment framework for
event requests in the COVID-19 environment to address what it perceives as significant risks. This
report proposes a management approach that will reduce risk for Council, businesses, the tourism
industry and the broader community.
2. State Government Industry Framework for COVID Safe Events
The Framework is the product of a collaboration between the State Government (the State) and
Griffith University’s Mass Gathering Collaboration and seeks to assist event organisers to manage
risks associated with the transmission of infectious diseases such as COVID-19. The Framework
does not purport to eliminate the risk of COVID-19 transmission stating that there remains risk
associated with any activity involving the congregation of a significant number of people and that
event organisers should be mindful of this and manage risk effectively.
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SPECIAL MEETING AGENDA 31 AUGUST 2020
The Framework includes a number of Chief Health Officer approved COVID Safe Event Plans and
divides events into 3 categories:
Category 1 – an event involving more than 10,000 people onsite at any given time. Typically
these events are large scale participation events in the public domain, e.g. festivals. The
event organiser must obtain approval of its COVID Safe Event Plan from the State’s Chief
Health Officer;
Category 2 – an event involving 500 – to fewer than 10,000 people onsite at any given time,
e.g. medium scale participation events in the public domain such as an expo in an outdoor
venue with managed access such as a showground. The event organiser must obtain
approval of its COVID Safe Event Plan from a QLD Public Health Unit; and
Category 3 – an event involving fewer than 500 people on site at any given time, e.g. a small
scale participation event and small scale market/stall event in the public domain. The event
organiser must complete and adhere to the COVID Safe Event Checklist and sign and display
a Statement of Compliance.
The Framework notes the State assumes responsibility for monitoring and enforcing compliance
with approved COVID Safe Event Plans while Council will continue to perform its role in relation to
the non-public health aspects of event plans and issuing permits.
3. Public Liability Insurance
Council requires event organisers to obtain public liability insurance cover to protect Council
against insurance claims. While the Framework is a valuable management tool to assist event
organisers plan for and deliver events in the COVID-19 environment it does not address insurance
requirements for COVID-19.
Council’s investigations have highlighted there are currently no insurance products available which
are free of COVID-19 exclusions. Council takes on increased financial risk by allowing large events
to proceed without adequate insurance coverage for COVID-19 due to the risk of incurring COVID
related litigation.
4. Reputational Risk
There has been significant effort expended over many years by different interest groups including
tourism bodies and businesses regarding the development of the ‘Noosa Brand’ (the Brand). The
Brand has iconic status within Australia and has global recognition in international tourism markets.
The tourism industry is a critical economic driver within Noosa Shire and gives rise to a number of
symbiotic relationships in market supply chains. The extent of this level of interdependence was
exposed during recent COVID-19 lockdowns with border closures and free movement restrictions
severely impacting local businesses and economic activity.
For many years, event tourism has been encouraged to inject money into the Noosa economy
outside the main holiday periods. In the COVID-19 environment, however, this strategy presents
significant risks to the business and tourism sectors. The key risks to these sectors in the wake of
COVID-19 transmission are immediate financial damage and longer term reputational damage to
the Brand from a second wave lockdown. Arguably, business owners and tourism bodies will lose
much more by reintroduced lockdowns than they would have ever gained economically in the short
term from an approved event.
If the Brand is damaged as outlined above important questions include - Is the Brand irrevocably
damaged or can it be rebuilt with concerted effort and resources? What is the nature of the overall
impact? Will there be a recovery and how long will it take?
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Section 6
SPECIAL MEETING AGENDA 31 AUGUST 2020
Council is also not immune to reputational damage from allowing events to occur which are the
source of a COVID-19 cluster and broader community transmission of the virus. Its reasons for
allowing mass gatherings to proceed in light of known concomitant health, community, tourism and
brand risks will certainly be subject to scrutiny if COVID-19 transmission occurs.
5. Options
Option 1: Allowing both Category 1 events and Category 2 events to proceed
Council allows Category 1 and 2 events to proceed on community land in Noosa Shire
This option involves Council allowing Category 1 events (more than 10,000 participants) and
Category 2 events (500 – 10,000 participants) to proceed on community land in Noosa Shire with
a COVID Safe Event Plan but without insurance coverage for COVID-19.
Opportunities
1. Economic boost for many sectors of the local economy.
2. Potential for well managed COVID safe ‘large’ events to proceed.
3. Provides opportunity for many of the Noosa’s best known events to continue.
4. Reinforces that Noosa is ‘open’ for business, event tourism etc.
5. Approval of the COVID Safe Event Plan and compliance is the responsibility of the State.
6. Community acceptance is likely to be higher if virus transmission is low and border
restrictions are maintained to minimise transmission from interstate.
Risks
1. Congregations of large numbers of people present a higher risk of COVID-19 transmission.
2. Significant financial and reputational risk for businesses and tourism if a COVID-19 outbreak
occurs prompting a second wave lockdown.
3. Council will be exposed to reputational damage and financial risk for COVID related litigation
as a result of inadequate or no event organiser insurance coverage. Council’s defence of
claims will be funded by the ratepayer.
4. If the event is a ‘free range’ event without defined seating and allocated areas particularly for
onlookers the event is unlikely to adhere to approved COVID Safe Event Management Plans
increasing the risk of COVID-19 transmission.
Option 2: Council refuses to issue a permit for any event
Council does not allow Category 1, 2 or 3 events to proceed on community land in Noosa Shire
This option involves Council not allowing Category 1, 2 or 3 events and markets to proceed on
community land in Noosa Shire.
Opportunities
1. Risk of COVID-19 transmission within the community as a result of an event is eliminated.
2. Council’s reputation and reputational risk to the Brand moving into the Christmas holiday
period will be untainted.
3. Financial risk to Council from COVID related litigation and financial losses to businesses are
avoided.
4. For businesses and tourism the period from September 2020 – end January 2021 without
events is likely to be busy, given the increased south east Queensland drive market and
school holiday periods.
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SPECIAL MEETING AGENDA 31 AUGUST 2020
Risks
1. There will be sectors of the community and other interest groups who will want events to
proceed (in line with the Queensland ‘Good to Go’ messaging).
2. Council will be subject to criticism for not allowing any events and will need to respond to
justify excluding events given there is a State framework in place.
3. Council might be seen as a ‘nanny state’ for not allowing any events.
4. Not allowing any events to proceed may have negative impacts on social cohesion and
community wellbeing.
5. Some events will lose momentum and not return or may be attracted elsewhere.
Option 3: Allow Category 3 Events to proceed
This option sees Council allowing Category 3 events to proceed on community land in Noosa Shire
This option involves Council allowing Category 3 events and markets (fewer than 500 participants)
to proceed on community land in Noosa Shire with a COVID Safe Event Plan, meeting additional
Council criteria (see below of this report) but without insurance coverage for COVID-19.
Opportunities
1. Allows smaller community style events to proceed.
2. Provides the community with opportunities to connect which enhances social cohesion and
wellbeing.
3. Encourages event organisers to adapt to low risk event management during the pandemic.
Risks
1. The risk of COVID-19 transmission is not entirely eliminated.
2. Risks of suit and liability are arguably reduced.
3. Given Council will likely not approve every Category 3 event application due to not meeting
criteria noted below, Council may be viewed as overly cautious and a ‘kill joy’.
6. Category 3 Event Decision Making Framework
Allowing some Category 3 events (noted as Option 3 above) to proceed will provide the opportunity
for small scale community events/markets to proceed subject to assessment against the following
proposed criteria:
Satisfactory completion of a COVID Safe Event Checklist including a signed and displayed
Statement of Compliance (State requirement).
The event being targeted to Sunshine Coast participants only.
No provision of alcohol - i.e. not licensed (if an event applicant advises the service of alcohol
is critical to the success of the proposed event, the application will be referred to Council for
consideration).
Consideration of the potential for the event to attract larger attendance numbers than
forecast.
Events that have capacity to implement controlled seating and allocated areas will be
preferred to those with uncontrolled movement of people, e.g. ‘free range’ attendees
intermingling onsite.
Current health advice from the State.
In consideration of satisfactorily meeting the criteria above and comparatively low risk of COVID-
19 transmission, Category 3 event organisers will not be required to hold public liability insurance
for COVID-19.
Page 7 of 35
Section 8
SPECIAL MEETING AGENDA 31 AUGUST 2020
7. COVID-19 Event Reference Group
The ‘Roadmap to easing Queensland’s Restrictions’ is a State Government plan which provides a
gradual and staged approach to reconnect communities and facilitate economic recovery by
supporting business, industry and jobs. The Roadmap stages are implemented in response to
COVID-19 transmission rates in Queensland and interstate.
Queensland’s recovery is not occurring in a continuous easing trend, instead restrictions have
tightened and eased in response to COVID-19 clusters and community transmission both in
Queensland and interstate. This pattern of easing and tightening is likely to remain in place for the
foreseeable future. Consequently, it is recommended Council develops an Event Decision Making
Framework based on a fixed set of criteria (outlined above) and appoints a COVID-19 Reference
Group to administer the Framework and modify it as COVID-19 community transmission ebbs and
flows and other related factors emerge. Fundamental, over-arching risk factors Council should
consider include:
Experience within Queensland and New Zealand highlights border control measures do not
create an impenetrable force field of protection against COVID-19 (see Attachment 1); and
Evidence has shown there will always be a lag between the time of infections to the discovery
and response to outbreaks by authorities.
Given these risk factors and the potential for mass gathering events to spread COVID-19 it is
proposed Council:
Adopt a precautionary approach to approving large scale events;
Implement its own ‘wait and see’ approach to easing control measures adopted by the State
to assess the efficacy of those measures and their impact on COVID-19 transmission before
considering changing its approach; and
Establish its own COVID-19 Event Reference Group.
It is recommended Council’s ongoing approach to managing the issues noted above be facilitated
through the establishment of a COVID-19 Event Reference Group. The purpose of the group will
be to:
Review and make decisions regarding event application requests as per Category 3 EDMF
assessment criteria (see above);
Review Category 3 EDMF assessment criteria having regard to current health advice from
the State, emerging risk factors etc.; and
Consider timing and risk of allowing Category 1 and 2 events to proceed which will inform a
further report to Council in February 2021.
Consider opportunities to re-establish events industry and economy.
Membership of the Event Reference Group is proposed to include – Director Corporate Services,
Director Community Services (joint chairpersons), Property Branch, Community Development
Manager, Economic Development Manager, COVID Taskforce Chairperson and other external
groups or individuals as invited.
Page 8 of 35
Section 9
SPECIAL MEETING AGENDA 31 AUGUST 2020
8. Support for Noosa Triathlon – Business Associations
Noosaville Business Association and Hastings Street Association
These associations have provided combined feedback specifically in relation to the Noosa
Triathlon scheduled for 31 October – 1 November 2020 (see Attachment 2) and support the Noosa
Triathlon based on the following criteria:
Origin of competitor: Queensland only
Competitor numbers: 3,500
No VIP or spectator stand
No spectators in key locations to minimise large clusters and allow for physical distancing
All spectators, workforce and athletes educated on personal hygiene and encouraged to stay
at home if they experience COVID-19 like symptoms
Hand sanitiser and hand wash stations in key locations
All accommodation minimum 3 night stay
The understanding that the COVID Safe Event Plan is approved and delivered
Ensure volume and frequency of event shuttle buses and Noosa Ferry minimises groups of
athletes and spectators congregating
Event village and registration restricted to competitors only and in scheduled collection
periods
The Associations provide further commentary in relation to the recent Ekka long weekend with
more than 5,000 rooms filled demonstrating we continue to operate with the ongoing risk of COVID.
We believe numbers managed through an IRONMAN event is significantly more manageable than
the transient public visiting Noosa.
Noosa Junction Association
The Noosa Junction Association supports the Noosa Triathlon if the event can be undertaken with
adequate COVID safety measures (see Attachment 3).
Discussion
Many of the criteria identified by the Business Associations are worthy of consideration and would
be likely part of a COVID Safe Event Plan submitted by Ironman (the event organiser), however
management of spectators including total numbers remains a key concern.
There is undoubtedly a risk of COVID-19 transmission in the Noosa community due to general
visitation from tourists, day trippers etc. However, general visitation is different to an organised
event because an event has the effect of attracting and concentrating numbers of people in an
area. If Council approves an event at the scale suggested it enlivens the risks identified in option
1 above.
9. Conclusion
COVID-19 has severely impacted the national economy and the events industry has not been
immune to these impacts. The State has developed an Industry Framework for COVID Safe Events
which is a helpful tool to assist event organisers conduct events in the COVID environment. While
the Framework is a worthy initiative directed at providing assistance to event organisers it does not
guarantee COVID transmission will not occur at events.
Page 9 of 35
Section 10
SPECIAL MEETING AGENDA 31 AUGUST 2020
Under the Framework, Council is still obliged to play its role in assessing and permitting events
and a critical role of which is ensuring event organisers have adequate insurance cover. Insurance
cover for COVID-19 is an issue the Framework does not address.
Investigations have identified there are no insurance products available for COVID-19 and without
adequate insurance cover Council will have to absorb the expense of any COVID related litigation
directed against it, which may be significant. While COVID-19 insurance cover is important the
cover would only save Council the litigation expense; it would not provide the silver bullet against
COVID transmission within the community.
Of concern is the reputational damage that could occur as a result of COVID-19 transmission
originating from a mass gathering event which Council approved. Damage to Council’s reputation
would be certain and resultant damage to the Brand could be long lasting and is economically
unquantifiable.
Notwithstanding State approval of a COVID Safe Event Plan, Council may decline to permit an
event if it is not satisfied the potential short term social and economic benefits outweigh the
potential adverse health, social and longer term consequences of the event. Council has a broad
responsibility to the whole community (of which the business and tourism community are important
sectors) and it may refuse permission for an event (or for that matter categories of events) if not
satisfied with the level of COVID risk posed.
Accordingly, it is recommended only Category 3 events including markets are considered for
approval in accordance with criteria outlined in this report and in consultation with a new COVID-
19 Event Reference Group. Category 1 and 2 events are proposed not to be approved by Council
until such time as COVID-19 exclusions are removed from event organiser policies and the
potential financial, community health and reputational risks of approving mass gathering events in
the COVID-19 environment have decreased to lower levels and been formally considered by
Council in February 2021.
Previous Council Consideration
Nil.
Finance
This item has been discussed within the report.
Risks & Opportunities
This item has been collectively discussed in ‘Options Analysis’ within the report.
Consultation
External Consultation - Community & Stakeholder
King & Company Solicitors
Noosaville Business Association
Noosa Junction Business Association
Hastings Street Association
Internal Consultation
Director Corporate Services
Director Community Services
Governance Advisor
Property Advisor
Property Officer
Page 10 of 35
Section 11
SPECIAL MEETING AGENDA 31 AUGUST 2020
Departments/Sections Consulted:
Chief Executive Officer X Community Services X Corporate Services
Executive Officer X Director X Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws X Property
Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
X Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 11 of 35
Section 12
SPECIAL MEETING AGENDA 31 AUGUST 2020
ATTACHMENT 1
Media Articles COVID-19 Outbreaks
Queensland records three new coronavirus cases, as police set to charge two women over
'deceitful' border crossing (ABC News): https://www.abc.net.au/news/2020-07-30/coronavirus-
queensland-three-women-ongoing-investigation/12503248
Scramble for answers as authorities reveal coronavirus-infected Auckland woman travelled to
Rotorua (ABC News): https://www.abc.net.au/news/2020-08-12/auckland-coronavirus-
lockdown-after-new-cases-appear/12548500
Coronavirus Victoria: Melbourne quieter than it has ever been
https://www.news.com.au/world/coronavirus/australia/coronavirus-victoria-melbourne-
covid19-live-updates/live-coverage/96ddfb9741be030c652d4f7df6749cef
Noosa Number 5 in Top 10 Queensland LGAs on JobKeeper
https://www.brisbanetimes.com.au/national/queensland/three-qld-regions-where-almost-half-
of-businesses-rely-on-jobkeeper-20200812-p55l15.html
Page 12 of 35
Section 13
SPECIAL MEETING AGENDA 31 AUGUST 2020
Page 13 of 35
SPECIAL MEETING AGENDA 31 AUGUST 2020
Attachment 2: Noosa Triathlon Letter of Support
Noosa Junction Business Association
Noosaville Business Association
Hastings Street Association
24 August 2020
Clint Irwin
Property Manager
Noosa Council
Level 3, 9 Pelican Street
Tewantin Qid 4565
Dear Clint
RE Noosa Triathlon 2020
Firstly we would like to acknowledge and thank you for the open communication you
have provided to us to understand the degree of measured risk that Noosa Council
needs to undertake when reviewing the application for this event permit.
We have discussed the revised event with IRONMAN and together as the Business
Associations, being Noosaville, Noosa Junction and Hastings Street, we would
support the event on the following criteria:
« Origin of Competitor : Queensland residents only
« Competitor numbers : 3500
« No VIP or Event spectator stand
« No spectators in key locations to minimise large clusters and allow for
physical distancing
« All spectators, workforce and athletes educated on personal hygiene and
encouraged to stay at home if they experience COVID-19 like symptoms
e« Hand sanitiser and hand wash stations in key locations
« All accommodation minimum 3-night stay
« The understanding that the COVID Safe Event Plan is approved and delivered
« Ensure volume and frequency of event shuttle buses and Noosa Ferry
minimises groups of athletes and spectators congregating
« Event village and registration restricted to competitors only and in scheduled
collection periods
It is worth noting that Noosa recently experienced more than 5000 rooms filled,
excluding air BnB with the Ekka Long Weekend and therefore this demonstrates we
continue to operate with the on-going risk of COVID. We believe numbers managed
through an IRONMAN event is significantly more manageable than the transient
public visiting Noosa.
With kind regards
Michael Tozer, President, Noosa Junction Business Association
Joel Laventure, President, Noosaville Business Association
Emma Hull, President, Hastings Street Association
Page 13 of 35Section 14
SPECIAL MEETING AGENDA 31 AUGUST 2020
Page 14 of 35
SPECIAL MEETING AGENDA 31 AUGUST 2020
Attachment 3: Noosa Triathlon Letter of Support - Noosa Junction Association
Noosa Tri letter of Support August 24 08 2020.pdf _
bir) 72KB
From: Michael Tozer <[email protected]>
Sent: Wednesday, 26 August 2020 11:45 AM
To: Clint Inwin <[email protected]>
Cc: Chris Brinkley <[email protected]>; Judi Lalor <[email protected]>
Subject: FW: Noosa Triathlon 2020
Good morning Clint,
Noosa Junction Association would like to qualify the contents of the attached letter.
NJA committee supports the Triathlon IF this event can be undertaken with adequate COVID safety measures.
NJA does NOT support “All accommodation minimum 3 night stay”.
NJA does NOT support “Queensland residents only” - this is a decision for Council and Event organisers NOT Noosa Junction Association.
Kind Regards Michael
Michael Tozer
Noosa Junction Association
0412 429 460
Page 14 of 35Section 15
SPECIAL MEETING AGENDA 31 AUGUST 2020
2 RAL18/0023 – PLANNING & ENVIRONMENT COURT APPEAL NO. 765 OF 2020 –
REFUSAL OF APPLICATION FOR RECONFIGURING A LOT (1 LOT INTO 23 LOTS) AT
28 EENIE CREEK ROAD, NOOSAVILLE
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development Department
Index ECM/ Application/ RAL18/0023/ Case/ Stockwell
Attachments 1. Proposed Subdivision Plan
2. Infrastructure Agreement
3. Deed of Agreed Delivery Arrangement
(Note: Attachments 2 & 3 are provided separately to this report)
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Special Meeting
dated 31 August 2020 regarding Planning & Environment Court Appeal No. 765 of 2020 and:
A. Agree to settle the appeal generally in accordance with the following conditions:
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the submission of the subdivision plan to Council.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with
the following approved plans of development (as amended, if required).
Plan No. Rev. Plan/Document Name Date
034389.59 V1 Proposed Subdivision, Sheet 1 15/01/2020
034389.59 V1 Diagram A and Diagram B, Sheet 2 15/01/2020
034389.59 V1 Diagram C and Diagram E, Sheet 3 15/01/2020
034389.59 V1 Proposed Easements & Covenants, Sheet 4 15/01/2020
as amended to incorporate the following amendments, and any other amendments
required by the conditions:
2.1. identification of the proposed emergency access for Lot 23 and that the proposed
emergency gate is located in the road reserve in accordance with condition 8;
2.2. identification of the proposed emergency access gates on Hofmann Drive and
Walter Hay Drive for the emergency access easement across Lots 11-15 (as
described in condition 21;
2.3. replacement of Easements AN and AM, with a singular 6m easement marked
‘AM’ as required by condition 36(a);
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SPECIAL MEETING AGENDA 31 AUGUST 2020
2.4. provision of stormwater easements on Lots 8 and 9 and in accordance with
condition 27;
2.5. provide an access easement named AF for access to proposed Lot 24 as
required by condition 36(a).
3. All lot numbering on the subdivision plan to be submitted to Council for plan sealing
must remain as shown on the Approved Plans.
Currency Period
4. The Currency Period for this development approval lapses if all conditions have not
been complied with, and the plan of survey lodged with Council for endorsement by 31
August 2024, unless an application to extend the currency period is approved by
Council.
Acoustic Measures for Residential Lots & Office Lot
5. Prepare and submit to Council for approval with an Operational Works application a
revised acoustic report which includes measures to mitigate noise generate from the
shopping centre operations and equipment, including deliveries, truck movements and
rubbish collection. This report should consider attenuation at the noise source as well
as a noise barrier along the shared boundary of Lots 19 and 21. All measures to
mitigate noise must be implemented prior the submission of the subdivision plan to
Council.
Noise attenuation is required to achieve the following acoustic quality for potential
residential uses on Lots 17-19. The measurement location must include receivers
being placed at the closest point to the future residential and office buildings.
Criteria (measured at the receptor) dB(A)
Sensitive receptor Time of Day
LAeq,adj,1hr 1 LA1,adj,1hr2
Daytime and evening
35 45
(habitable spaces)
Dwelling (indoors)
Night-time
30 40
(sleeping areas)
1Acoustic descriptor/noise target for continuous noise sources (eg. Mechanical plant).
2Acoustic descriptor/noise target for transient impacts arising from loading dock
activities (e.g. truck movements, reversing alarms, compactor, trolley etc.)
Water & Sewer Connections
6. An underground connection to reticulated water and sewerage must be provided to
each lot in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to each lot.
External Works
7. Prior to the sealing of the survey plan a vehicle access to proposed Lot 23 must be
constructed at no cost to Council. The works must be undertaken in accordance with
an Operational Works approval, be generally in accordance with drawing number 1856-
R08 Revision J prepared by Barlow Shelley and include an access extending from the
existing roundabout in Walter Hay Drive to the property boundary.
8. Prior to the sealing of the survey plan a new emergency vehicle exit from proposed Lot
23 must be constructed at no cost to Council. The works must be undertaken in
accordance with an Operational Works approval. The exit must extend from the
property boundary to the existing formation of the south bound lanes of Walter Hay
Drive and be for emergency vehicles only. The exit must:
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SPECIAL MEETING AGENDA 31 AUGUST 2020
8.1. be located in the north western section of the Walter Hay Drive frontage
8.2. include a crossing in the median of Walter Hay Drive that is sufficient to permit
emergency vehicles to exit the site and access the north bound lanes of Walter
Hay Drive
9. Prior to the sealing of the survey plan a new pedestrian access from Lot 23 to the
existing pathway network must be constructed at no cost to Council. The works must
be undertaken in accordance with an Operational Works approval. The pedestrian
connection must be located in the north western part of the site and extend to the
existing pathway network in the Eenie Creek Road road reserve to the east of the
underpass.
10. Prior to the sealing of the survey plan a new pedestrian connection from the existing
pathway network in Hofmann Drive to proposed Lot 1 must be constructed at no cost
to Council. The works must be undertaken in accordance with an Operational Works
approval. The connection must be located to the south of the existing roundabout at
the intersection of Hofmann Drive with the internal access road for “Noosa Civic” and
connect to the existing internal pathway network within proposed Lot 1.
New Roads
11. The new public road shown on the Approved Plans (extension of Hofmann Drive) must
be constructed in accordance with the conditions of this Decision Notice and dedicated
as road reserve at no cost to Council. The works must be undertaken in accordance
with an Operational Works approval and be generally in accordance with drawings
number 1856-R04 revision K, 1856-R05 revision K and 1853-R06 revision J prepared
by Barlow Shelley. The works must include but not be limited to kerb and channel,
footpaths, street lighting, services, linemarking, stormwater drainage and landscaping.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
12. Approval of the proposed subdivisional road layout is subject to final operational works
approval and any associated changes to the subdivision road layout that arise as part
of the operational works approval and any construction changes.
13. The road reserve boundaries between public and private roads must be located to
accommodate all constructed pedestrian routes within the public road reserve around
all sides of the proposed roundabouts.
14. The road reserve boundaries adjacent to the proposed emergency access gates must
be located to ensure that:
14.1. all elements of the emergency access gates are wholly contained within the road
reserve,
14.2. the swing areas (inward opening) of the gates is not impeded by fencing and is
protected by the terms of Easements AY and AQ.
15. Clearly visible signage must be erected at the threshold of the private roads. The
signage must clearly indicate to motorists and pedestrians that they are entering a
private road system.
Private Roads
16. Prior to the sealing of the survey plan, the private road within Lot 3 (Road B adjacent
to Lots 10-16) must be constructed with a centrally located 10m carriageway. The
works must be in accordance with an Operational Works approval and be generally in
accordance with drawing number 1856-R05 revision K prepared by Barlow Shelley.
The works must include but not be limited to kerb and channel, footpaths, street
lighting, services, linemarking, stormwater drainage and landscaping.
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Section 18
SPECIAL MEETING AGENDA 31 AUGUST 2020
17. Prior to the sealing of the survey plan, the private road within Lot 3 (Road C – adjacent
to lots 7-9) must be constructed with a centrally located 12m carriageway having 1.5m
on-road cycle lanes on each side. The works must be in accordance with an
Operational Works approval and be generally in accordance with drawings numbered
1856-R05 revision K and 1856-R07 revision J prepared by Barlow Shelley. The works
must include but not be limited to kerb and channel, 3m footpath on the western side,
street lighting, services, linemarking, stormwater drainage and landscaping. The road
must be designed to cater for on-street parking to be added when future development
occurs on lots 3 and 7.
18. Prior to the sealing of the survey plan, the entrance road between Lots 2 and 7 must
be constructed. The works must be in accordance with an Operational Works approval
and be generally in accordance with drawing number 1856-R17 revision J prepared by
Barlow Shelley. The works must include but not be limited to kerb and channel,
footpaths, street lighting, services, linemarking, stormwater drainage and landscaping.
Property Access and Driveways
19. Prior to the sealing of the survey plan access to the lots must be provided generally in
accordance with the access management plan shown on drawing numbered 1856-R03
revision J prepared by Barlow Shelley unless modified herein:
a. access to proposed for Lots 4, 8-10, 15, and 16 must 9.0m wide (minimum) and
be provided as part of subdivision operational works,
b. access to proposed Lots 3, 5, 6, 7 and 17-22 must be constructed as part of the
future development of the lots,
c. all movements access for lots 11-14 must be constructed as part of the future
development of the lots
Property notations will be added to Council’s rates records for Lots 3, 5, 6, 7, 11-14
and 17-22 advising owners, prospective purchasers and private certifiers of the access
requirements.
20. Vehicle access to Lots 4, 8-10, 15, and 16 is limited to the constructed driveway only.
A clause must be included in the contract of sale for Lots 4, 8-10, 15, and 16 which
requires vehicle access to be from the constructed driveway only, and which prohibits
the driveway from being relocated without Council agreement.
Emergency Access Route (Lots 11-15)
21. The 6m wide emergency access route through Lots 11-15 connecting Hofmann Drive
and Walter Hay Drive must be constructed. The works must be undertaken in
accordance with an Operational Works approval and be generally in accordance with
drawings numbered 1856-R04 revision K and 1856-R05 revision K prepared by Barlow
Shelley. The works must include but not be limited to:
a. locked gates controlling access at Hofmann Drive and Walter Hay Drive. The
gates are to be installed by the developer in land areas fully controlled by Council
and clear of any service allocations in the road reserve,
b. the emergency access route, driveways and gates to Hofmann Drive and Walter
Hay Drive are to be designed to suitably accommodate all QFES vehicles that
could reasonably access the emergency access route.
22. In regard to the emergency access route, and adjacent parking along that route, at the
rear of lots 12-15:
a. any future development of the individual lots (Lots 11-15) must include provision
of a vehicular linkage between the private road (Road B) and the emergency
access route. The linkage must be sufficient to permit vehicles to access the
parking spaces within the relevant lot on the emergency access route,
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Section 19
SPECIAL MEETING AGENDA 31 AUGUST 2020
b. any future development of the individual lots must be designed such that service
vehicle activity for the day to day operation of the lot remains clear of the
emergency access route,
c. the pedestrian access points to buildings on the individual lots are designed and
positioned so that any associated parking along the emergency access route is
limited to the individual lot.
Car Parking
23. Parking located along the emergency access route within Lots 11-15 must be limited
to the individual lot. The easement documents for the emergency access route must
include sufficient detail to limit the movement of vehicles and parking to the individual
lot and clear of the emergency access route.
Pedestrian and Bicycle Facilities
24. 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:
a. the on-road bicycle lanes as shown on the approved plans,
b. the footpath network as shown on the approved plans,
c. the footpath within proposed Lots 3 and 4, being Easement Al and Easement
AO, must be constructed as part of the subsequent development of Lots 3 and
4. The pathway is to extend from the Hofmann Drive frontage to the common
boundary between Lots 3 and 24. The works must be undertaken in accordance
with an operational works approval and include a 3m wide sealed surface,
drainage d suitable lighting for pedestrian safety (CPTED). Despite condition 1,
the timing for the construction of the pathway is at the time of the subsequent
development of Lots 3 and 4,
d. the footpath on the northern side of Hofmann Drive must be extended from the
crossing point adjacent to Lot 4 to the north west for the full frontage of Covenant
J,
e. all footpaths and associated infrastructure located within private property must
be maintained by the property owner.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Stormwater Drainage
25. All stormwater drainage infrastructure must be located outside of the open space
covenants unless approved as part of an Operational Works application.
26. As part of any future Material Change of Use application for proposed Lot 4, 5 or 6, a
Stormwater Management Plan is to be provided and stormwater quality treatment
devices are to be incorporated into the site layout such that the pollutant load reduction
targets specified in Appendix 2, Table B of the State Planning Policy 2017 are achieved
(refer property note).
27. A stormwater quality treatment system must be provided for the development. The
works must be undertaken in accordance with an Operational Works approval and the
Bioretention Technical Design Guidelines (Water by Design, 2012), and must include
in particular stormwater quality treatment devices of a size and location generally in
accordance with those shown in the Site-based Stormwater Management Plan –
Version 5, prepared by Barlow Shelley Consulting Engineers Pty Ltd, dated 2nd
December 2019. The bio retention devices are required to treat runoff from the bushfire
access and carparks within Lots 12-15.
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SPECIAL MEETING AGENDA 31 AUGUST 2020
28. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be undertaken in accordance with an Operational
Works approval in compliance with the relevant sections of Queensland Urban
Drainage Manual.
29. Stormwater runoff from the development must be controlled and disposed of into a
lawful point of discharge and in a manner that does not cause scour or damage to the
subject site or any adjoining property including Council’s drainage system.
30. Any drainage line or stormwater outlet located within the adjoining vegetation covenant
or easement area must be aligned to minimise the impacts on existing vegetation with
the final alignment determined on-site in agreement with Council’s delegate.
31. Streetscape bioretention devices are to be detailed with the Operational Works
application and are to specifically address the following:
a. are designed generally in accordance with the Bioretention Technical Design
Guidelines,
b. are designed generally in accordance with IPWEQA Standard Drawing No.
WSUD-001 are provided with a free-draining outlet from the sub-soil drainage
system,
c. are designed with offsets to underground services in accordance with utility
services provider’s requirements,
d. allow for the safe movement of pedestrians along the road verge either through
provision of a path behind the device or pedestrian refuge in the case of no path
being provided,
e. have stable batter slopes which are designed to avoid the need for safety fencing
or bollards, or incorporate grates,
f. have plantings setback from the road pavement a sufficient distance to not affect
the road pavement during operation or re-setting,
g. are designed with a connection from the kerb to the filter media surface which is
sufficiently robust and not prone to blockage.
32. All stormwater quality treatment devices contained in private lots must be maintained
in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater
Assets (Version 1). The approved Operational Works drawings for the stormwater
quality treatment system and detailed life cycle costing of the system must be attached
as an addendum to this document. Records of all maintenance activities undertaken
must be kept and made available to Council upon request.
Electricity and Telecommunication Services
33. Underground reticulated electricity and telecommunication services must be provided
to each lot in accordance with an approval for Operational Works and the standards
and requirements of the relevant service provider.
34. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
35. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and all
applicable legislation at the time of construction.
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Section 21
SPECIAL MEETING AGENDA 31 AUGUST 2020
Easements
36. The easements for the development must be in accordance with the schedule indicated
on drawing number 034389.59 sheet 4 of 4 prepared by Bennett and Francis dated 15
January 2020 except as modified herein:
a. Lot 1:
i. Combine Easement AM & AN with a width of 6m, which will require
amendment to Covenant J to accommodate the combined easement.
ii. New Easement AF must be created between Lots 2 and 7 to include the
area of the adjacent “new road” connecting to Walter Hay Drive, along with
secondary access to Lot 24 by way of left in and left out access along the
full northern boundary of Lot 24. It is noted that primary access to Lot 24
is by way of the new roundabout.
b. Lot 3:
i. Easement AL – benefit lots 1, 4 and Public Thoroughfare, with a minimum
width of 4m
ii. Easement AK – benefit lots 1, 6, 7, 8, 9
iii. Easement AP – benefit lots 10, 11, 12, 13, 14, 15, 16
c. Lot 4:
i. Easement AO – benefit lots 1, 3, and Public Thoroughfare, with a minimum
width of 4m
d. Lot 11:
i. Easement AY – benefit lots 1, 3, Emergency vehicles and Council
e. Lot 12:
i. Easement AX – benefit lots 1, 3, Emergency vehicles and Council
f. Lot 13:
i. Easement AW – benefit lots 1, 3, Emergency vehicles and Council
g. Lot 14:
i. Easement AV – benefit lots 1, 3, Emergency vehicles and Council
h. Lot 15:
i. Easement AQ – benefit lots 1, 3, Emergency vehicles and Council
37. The private road easement AK between lots 3 and 7 must have a minimum width of
25m and be sufficient to accommodate an ultimate “main street” environment as
described in Figure 6.4.1.5 – Section A2 – 25m Main Street without median of the New
Noosa Plan and as shown below:
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Section 22
SPECIAL MEETING AGENDA 31 AUGUST 2020
38. 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.
39. 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.
40. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
41. All fill and associated retaining structures/batters must be undertaken in accordance
with an Operational Works approval and be generally in accordance with drawing
numbers 1856-R04 Revision K, 1856-R05 Revision K, 1856-R06 Revision J and 1856-
R07-2 Revision J prepared by Barlow Shelley. All works must be contained entirely
within the subject site unless written permission from the respective landowner(s) is
provided to Council.
42. 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.
Damage to Services and Assets
43. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
Page 22 of 35
Section 23
SPECIAL MEETING AGENDA 31 AUGUST 2020
Land Rehabilitation
44. The land area identified as Open Space 3 (OS3) on Schedule 4 Shire Business Centre
(Map) in the Noosa Plan on proposed lot 23 must be rehabilitated, where necessary,
to provide a vegetated screen of future development, exclusive of any Council
approved infrastructure. All plants must be local native species suitable for the area
and the species selection consistent with the naturally occurring species in the area.
The landscaping must be reflective of the surrounding natural landscape. The works
must be undertaken in accordance with an Operational Works approval.
45. No infrastructure is to be installed in the OS3 land area, unless:
a. in accordance with a Council endorsed management plan; or
b. to connect directly into existing stormwater infrastructure, with any disturbance
to vegetation in OS3 minimised and rehabilitated in accordance with a
Development Permit for Operational Works.
Vegetation Preservation
46. Existing vegetation on the undeveloped site and in the road reserve where within 10m
of public access or public infrastructure must be retained in accordance with an Arborist
Report (or part thereof) prepared by a qualified person* and endorsed through an
Operational Works approval to manage the risk to the public.
*(Refer to Advisory Note)
Fauna Management
47. Vegetation must only be removed or disturbed in accordance with a Fauna
Management Plan for the development prepared by a qualified person* and referenced
in a Development Permit for Operational Works. *(Refer to Advisory Note).
48. Clearing for the subdivision will occur generally in accordance with clearing plan Ref:
034389.59 dated 13 July 2020 (Extent of Subdivision Clearing), with the exception that
vegetation must be retained along the full frontage of lot 23 to Walter Hay Drive apart
from the identified driveway access location. All clearing will be subject to an
application for operational works.
Fencing to Protected Land
49. A permanent fence must be constructed along boundary of lot 17 and covenant J, the
entire length of the interface of the site with the park reserve at Lot 5 SP222982, Lot 3
SP182845 and the southern aspect of Lot 147 NPW889 (at the corner of Eenie Creek
Rd and Walter Hay Drive). The fence must be constructed in accordance with an
Operational Works approval and must be to the following specifications:
a. 1.8 m high chain wire fence.
b. Include single person access gate (minimum opening of 1200mm) in a suitable
location generally in the location of the rear of lot 13.
c. Include signage for each lot interface stating the land is a fauna reserve.
d. The fence must be located adjacent to the northern Boundary of Covenant L.
Bushfire Management
50. The development must be carried out in accordance with Updated Bushfire
Management Plan For Undeveloped Areas Of Noosa Civic prepared by The
Consultancy Bureau Pty Ltd, dated December 2019, with the following amendments to
be included and constructed in accordance with an Operational Works approval:
a. Lot 23 emergency egress to be located at the southern point of Easement E on
SP167978 perpendicular to Walter Hay Drive and include treatment to the
medium strip of Walter Hay Drive to allow for Urban fire appliance cross over.
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Section 24
SPECIAL MEETING AGENDA 31 AUGUST 2020
b. Provision of access control gates to each emergency access points within the
road reserve.
c. Provision of a formed 6m emergency access within the 20m buffer to the rear of
future lots 11 to 15.
d. Inclusion of any emergency access markers and alike to the emergency access
roads and entry/exit points.
e. Inclusion of management requirements of the owner of lot 1 for fuel loads
associated with the 20m break between proposed lots 3 and 7, interface of
covenant J, and the 20m buffer in lot 23.
f. Include the specific provision of no clearing of Covenant areas for bushfire
management.
The report must be resubmitted to Council incorporating the above amendments prior
to the issue of any Development Permit for Operational Works.
51. Certification must be submitted to Council from a qualified person* which certifies that
the development has been constructed in accordance with the bushfire management
conditions of this Decision Notice.
*(Refer to Advisory Note)
Treatment of Temporarily Vacant Land
52. The following works must be carried out if some or all of the cleared land remains
vacant or undeveloped for more than 3 months after the approved vegetation clearing:
a. the site must be graded to prevent ponding (to the same level as the adjoining
footpath wherever practicable), and the surface effectively stabilised.
b. the site must be maintained to ensure no nuisance to adjacent premises, roads
or footpaths.
c. where fencing is installed to secure boundaries:
i. the fencing must be durable and not capable of being pushed or blown over
ii. the fencing type must not detract from local amenity (barbed wire is not
acceptable)
iii. vandalism must be promptly repaired, and any graffiti removed.
Landscaping Works
53. The development site must be landscaped in accordance with the Noosa Plan’s
Landscaping Code and Planning Scheme Policy Landscaping Plants and Guidelines.
The landscaping must be reflective of the surrounding natural landscape and must be
reflective of the surrounding natural landscape. The works must be undertaken in
accordance a plan prepared by a qualified person* and in accordance with an
Operational Works approval and must include in particular:
a. Local native plant species suitable for the location in mulched garden beds within
the lots that front to Hofmann Drive and the future extension of Hofmann Drive
that are 6m wide to the residential lots 17-19 and 10m wide to the remaining lots
at the time of sealing the plan of subdivision.
b. Supplementary plantings to the median strip in the southern extent of Hofmann
Drive.
c. provision of a minimum of one ex-ground or advanced street tree within the road
reserve for every 8 metres of new road between proposed lot 3 and 7 within
garden beds.
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Section 25
SPECIAL MEETING AGENDA 31 AUGUST 2020
i. the garden beds must be a minimum of 6m2 and contain a mix of shrubs
and grasses.
d. Provision of sufficient volumes of structured soil media suitable for advance root
growth for street trees, in accordance with the written recommendations of an
industry accredited horticulturist or arborist.
e. 100mm deep mulching and landscaping to any batter within road reserves that
exceed 1 in 4 slope (25%).
f. planting works to the median strip and/or roundabout that do not interfere with
driver sight lines at any time.
g. Achieve the park-like settings as set out in the Shire Business Centre Zone
(Division 9) of the Noosaville Locality Plan in the Noosa Plan by ensuring:
i. Retention of suitable vegetation within the road reserve through project
design and services location,
ii. Limiting the disturbance to the root zones of retained vegetation.
(*Refer Advisory Notes)
54. All landscape works must be established and maintained in accordance with
horticultural best practice with construction techniques that allow for healthy, sustained
and vigorous plant growth. All plant material must be allowed to grow to full form.
55. All entry statements, fences, batters, retaining walls and buffer/screen plantings must
be located entirely within private land and not within the public road reserve.
56. All third-party service provider infrastructure must be clearly shown on submitted
landscape plans and have landscaping provided to screen the bulk of the infrastructure.
57. All landscape works must be maintained generally in accordance with the approved
design for the life of the development.
Lot 24
58. The Applicant must, at no cost to the Council:
(i) Dedicate to Council proposed Lot 24 for public transport infrastructure as shown
on the subdivision plan; but
(ii) Notwithstanding condition 1, only after amendment to Council’s planning scheme
has taken effect which shows the provision for transit designated only in the
location consistent with Lot 24 on the subdivision plan.
Future Environmental Offset
59. For the purposes of calculating any environmental offset that might be required for the
ultimate development of Lot 3 on SP246584 for the Shire Business Centre, the plan
described as 034389.59 prepared by Bennett & Francis Pty Ltd and dated April 2020
shows the maximum extent of clearing (i.e. 12.4943ha). For the avoidance of doubt,
while the plan shows the maximum extent of clearing for offset purposes, the clearing
ultimately undertaken will not necessarily be the maximum extent (noting that the Shire
Business Centre is to occur in a park like setting).
Infrastructure Agreement
60. The Applicant/Owner shall comply with the terms of any Infrastructure Agreement
applying to the land.
B. Enter into an Infrastructure Agreement to provide for the transference of Lot 24 to Council as
a future transit lot at nil cost to Council and enable Council to condition the necessary land
dedication and works required for the development.
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Section 26
SPECIAL MEETING AGENDA 31 AUGUST 2020
C. Note that Lot 24 has been valued by Savills Valuations Pty Ltd for Council as $1,475,000
exclusive of GST, with the appellant’s valuation being between $2.9 - $3.2 million dollars.
D. Commence a planning scheme amendment process in accordance with the Minister’s
Guidelines and Rules to show the provision for a transit facility designated only in a location
consistent with lot 24 on the Approved Plan.
E. Enter into a deed of Agreed Delivery Arrangement to provide a mechanism for the proposed
offset arrangements for clearing of koala habitat pursuant to the Environmental Offsets Act
2014.
F. Transfer the Financial Settlement Offset Amount to the Council’s offset account to be held in
trust in accordance with the requirements of the Environment Offset Act 2014 and the deed
of Agreed Delivery Arrangement.
REPORT
On 20 February 2020, Council, at its Ordinary meeting resolved to refuse an application to
reconfigure 1 lot into 23 lots at 28 Eenie Creek Road, Noosaville for the following reasons:
1. The proposal is inconsistent with 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 inconsistent with biodiversity assessment benchmarks (1), (2), (4) and (5) of
Part E of the State Planning Policy as the development will adversely impact upon koala
habitat, with koala populations recognised as being matters of both national and state
environmental significance.
3. The proposal is inconsistent with assessment benchmarks (3) and (4) natural hazards, risk
and resilience of Part E of the State Planning Policy as the 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 will adversely impact upon koala habitat, does not maximise the
retention of existing vegetation, and proposes to prematurely clear significant vegetation
inconsistent with the needs of the community contrary to Overall Outcomes 13.7.2a)i,
13.7.2a)iii, 13.7.2a)iv, 13.7.2b), 13.7.2c), 13.7.2d) i, 13.7.2d)vii, 13.7.2g), and Specific
Outcomes O1b, O2, O3, O7, O8b), O11, O16, O18a), O18b), O18f), O18h), O19b), O19c),
O19d), O19g) and O19i) of the Biodiversity Overlay Code.
5. The proposed development is inconsistent with the Overall and Specific Outcomes of the
Noosaville Locality Code in the following respects:
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 contrary to Overall Outcomes
11.7.2j) and tt)viii), Specific Outcomes O25, O100, O101, O127, O138 and O156.
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 and fails to address the future amenity
of Lot 21, contrary to Specific Outcome O1.
iii. The proposal does not retain suitable existing vegetation to ensure future development
will be within a park like setting contrary to Specific Outcome O3, O22 and O125.
iv. The proposal will adversely impact on the site’s environmental values contrary to
Overall Outcomes 11.7.2a)iv and 13.7.2a)ii, Specific Outcomes O3, O22 and O125.
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SPECIAL MEETING AGENDA 31 AUGUST 2020
6. The proposed subdivision is inconsistent with 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 contrary to Overall Outcomes 14.181.2f), Specific Outcomes
O8 and O9.
ii. The proposed lots will have a significant adverse impact on the natural environment
and will not retain the sites natural environmental values contrary to Overall Outcomes
14.181.2g), Specific Outcomes O21b and O22.
7. Bushfire mitigation measures do not satisfactorily address the risk of bushfire contrary to
Overall Outcomes 13.30.2a), 13.30.2c), Specific Outcomes O4, O7, O8, O9, O11 and O12
of the Natural Hazards Overlay Code.
8. Bushfire mitigation measures result in the removal of vegetation contained within OS3 as
detailed in Schedule 4 (Shire Business Centre Map) of the Noosa Plan.
9. The proposed development is contrary to the draft Noosa Plan provisions, which support the
refusal of the development application for the same reasons as those applicable under the
current Noosa Plan because of non-compliance with 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.
10. The proposed development cannot be conditioned to comply with the above assessment
benchmarks.
11. There are no matters that would warrant approval of the development application
notwithstanding the noncompliance with the assessment benchmarks.
As a result of Council’s decision to refuse the subdivision, the applicant lodged an appeal to the
Planning & Environment Court. The applicant seeks that the development should be approved with
reasonable and relevant conditions.
The primary issues of contention in the appeal included:
Bushfire mitigation measures
Acoustic measures for residential lots
Fulfilment of the planning scheme’s requirement for parklike setting
Impacts of clearing koala habitat with no offset proposed
Submission of a suitable Infrastructure Agreement
During the course of the appeal court mediation was attended and a series of without prejudice
meetings were held, which resulted in the following proposal put forward by the appellant:
Dedicate to Council (without cost to Council) proposed lot 24 being the Transit lot, with the
dedication to occur after the Noosa Plan is amended which shows the provision for the transit
lot only in a location consistent with proposed lot 24 on the survey plan.
Agreement that the proposed dedication of lot 24 is in full and final satisfaction of any
obligation to provide environmental offsets (including in relation to koala and koala habitat)
in respect of the ultimate clearing and development of the land.
The appellant also provided a copy of the following:
A revised Infrastructure Agreement to deliver the proposed dedication of lot 24 and enable
Council to condition the necessary land dedication and works required for the subdivision
that Council was currently prevented from conditioning by an Infrastructure Agreement
entered into at the time of construction of stage 1 of Noosa Civic.
A deed of Agreed Delivery Arrangement to provide a mechanism for the proposed offset
arrangements for clearing of koala habitat pursuant to the Environmental Offsets Act 2014.
Page 27 of 35
Section 28
SPECIAL MEETING AGENDA 31 AUGUST 2020
A copy of the proposed plan of subdivision is included as Attachment 1 which remains largely the
same as that lodged earlier this year when the application was decided by Council.
Bushfire Mitigation, Acoustic Measures & Parklike Setting
The bushfire, acoustic and requirements for a parklike setting were resolved on the basis of the
implementation of a bushfire plan, preparation of an acoustic management plan and conditions
requiring landscape garden beds to be provided along Hofmann Drive Road up to 10 metres wide.
These requirements are all required to be implemented prior to sealing of the plan of survey and
will ensure that the risk of bushfire is minimised, and noise from the existing loading dock and
mechanical equipment from Noosa Civic is mitigated as far as practicable for future lot users
through an acoustic fence and baffling of mechanical equipment. Notably, further acoustic
measures will also likely be required in the design and layout of any future multiple dwellings on
proposed lots 17-19.
The required landscape garden beds include a 6m wide bed to residential lots 17-19 and 10m wide
bed to the remaining lots to Hofmann Drive will continue the current landscape treatment to this
road that was achieved with stage 1. It is expected that with the future development of lots 3 and
7, areas of existing vegetation will be retained to further assist in achieving the parklike setting
envisaged for the Noosa Business Centre. It is though reasonable that this be identified with the
future development of these lots rather than as part of this subdivision approval.
Koala Habitat
The subject lot is mapped as Koala Assessable Development Area containing Bushland Habitat
by State Planning Regulatory Provisions mapping as identified below:
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 any unavoidable
clearing to be offset. Due to the scale and nature of the development, the site will be predominantly
cleared, with the total area of habitat to be cleared being 12.44943ha.
Using the methodology of the Queensland Government Environmental Offset Policy v1.6 the
quantum of the offset should be balanced against the previously dedicated land for environmental
purposes and an area of land registered on title as environmental covenant with Stage 1 of the
Shire Business Centre. Furthermore clearing for bushfire mitigation is exempt from offsets,
resulting in a final net impact area of 9.8943ha.
On this basis the koala habitat offset has been assessed as being $1,132,996.29 - the Financial
Offset amount, derived from the Queensland Government Financial Offset Calculator.
Page 28 of 35
Section 29
SPECIAL MEETING AGENDA 31 AUGUST 2020
The proposed dedication of lot 24 for a transit lot does not in itself satisfy the Planning Regulations
2017, the provisions of the Environmental Offsets Act 2014 or The Noosa Plan’s Biodiversity
Overlay provisions which seek an environmental offset to counterbalance the impacts of clearing
the site’s koala habitat.
However, the dedication of lot 24 to Council can facilitate the conservation outcome intended,
provided Council sets aside monies that would otherwise be used to purchase the transit lot, to
offset the loss of koala habitat. Notably the transit lot would be considered future trunk
infrastructure that is generally planned and provided for by Local Government and services multiple
areas and developments. The transit lot has been valued by an external valuer for Council as
$1,475,000 exclusive of GST, with the appellant’s valuation suggesting the lot is valued at between
$2.9 - $3.2 million.
Notably the payment of a Financial Offset Amount must be made to the Council’s trust fund, with
the requirements for such a trust fund governed by s89 of the Environmental Offsets Act 2014.
This includes the offset being made prior to any clearing of Koala Habitat being undertaken. If the
application had been lodged after the 7 February 2020 when the regulations changed then the
offset payment would be required to be made to the state.
Infrastructure Agreement
Attachment 2 includes a copy of the draft Infrastructure Agreement which is to be entered into.
The Infrastructure Agreements provides for
1. Dedication of Lot 24 to Council but only after an amendment to Council’s planning scheme
takes effect which shows the provision for transit designated only in a location consistent
with Lot 24 on the subdivision plan.
2. Conditioning of the subdivision approval for land dedication and works required for the
subdivision that Council was prevented from by the 2003 Infrastructure Agreement: including:
Construction of a new emergency vehicle exit from proposed lot 23
Emergency access route through lots 11-15 connecting Hofmann Drive and Walter Hay
Drive
Pedestrian access from Lots 1 and 23 to the existing pathway network
Construction of a pedestrian pathway from Hofmann Drive to Lot 24 with future
development of Lots 3 and 4.
Construction of the Hofmann Drive extension as a public road
Provision of easement arrangements between lots.
Deed of Agreed Delivery Arrangement
Attachment 3 includes a copy of the draft Delivery Deed which is to be entered into pursuant to
the Environmental Offsets Act 2014 and Regulation.
The appellant considers that it is necessary to proceed under this Act in order to deliver the offset,
because, although the infrastructure agreement provides for the transfer of Lot 24, it was
concerned that as the infrastructure agreement under Planning Act 2016 excludes land for an
environmental offset, it was not possible under the Infrastructure Agreement to effectively preclude
the Council from seeking further offsets in respect of the subject land.
The purpose of the Delivery Deed is therefore to provide protection to the appellant against further
requirements by the Council for environmental offset in respect to the site and also provide for
payment of the offset for clearing koala habitat.
The delivery arrangements are complex because of the legislation that underpins the Delivery
Deed but the terms of the deed essentially provide for:
The appellant giving the Council notice of election pursuant to the Environmental Offset Act
to deliver the offset condition by way of a financial settlement offset.
Page 29 of 35
Section 30
SPECIAL MEETING AGENDA 31 AUGUST 2020
The Council to respond by giving notice of decision under the Environmental Offset Act which
states the way in which the entity is required to deliver the offset is by way of financial
settlement offset. This is identified in item 1 schedule 1 of the Delivery Deed.
These steps precede the execution of the deed by the parties.
Under clause 4(a) of the Delivery Deed, (and after the development approval takes effect)
the appellant must pay the amount of $1 to the Council prior to starting any clearing of koala
habitat.
The Council then within 20 days acknowledges the payment by the appellant and makes a
financial contribution of $1,132,996.29 to the Council’s offset account to be held in trust in
accordance with the Act’s requirements. The Council then provides the appellant with written
confirmation of the contribution.
Under clause 2.6 of the Delivery Deed, once these steps are implemented, it is
acknowledged by the Council that the financial offset amount is in full satisfaction of all
requirements in relation to the offset condition and any further requirement in relation to
environmental offset for any development of the subject land is precluded.
Conclusion
It is therefore recommended that Council settle the appeal on the basis of the conditions negotiated
and enter into an Infrastructure Agreement and Deed of Agreed Delivery Arrangement.
In this regard it should be noted that both the Infrastructure Agreement and Deed of Agreed
Delivery Arrangement will be finalised prior to the approval being issued by the Planning &
Environment Court.
Lot 24, the transit lot, will then be transferred to Council upon amendment to the planning scheme,
with Council required to transfer the Financial Offset Amount to Council’s trust fund prior to any
clearing of koala habitat from the site.
Previous Council Consideration
Ordinary Meeting Minutes, 30 April 2020, Item 10, Page 10
That Council note the report by the Manager Development Assessment to the Ordinary Meeting
dated 30 April 2020 regarding Planning & Environment Court Appeal No. 765 of 2020 and agree
to defend the appeal.
Finance
The Infrastructure Agreement provides for the transference of Lot 24 at nil cost to Council. Lot 24
has been valued at $1,475,000 for Council with the appellant’s valuation suggesting the lot’s value
is much higher being between $2.9 - $3.2 million.
The Deed of Agreed Delivery Arrangement provides that Council will make a financial contribution
of $1,132,996.29 to the Council’s offset account to be held in trust to offset the significant residual
impact of clearing koala habitat.
Risks & Opportunities
The proposed offset arrangements for clearing koala habitat while are not straightforward do
provide a satisfactory arrangement and will achieve the conservation outcome envisaged by the
Environmental Offsets Act 2014 and deliver the land required for the planned future transit lot.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes Solicitor
Page 30 of 35
Section 31
SPECIAL MEETING AGENDA 31 AUGUST 2020
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development x Infrastructure Services
Director x Director x 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
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 31 of 35
Section 32
ATTACHMENT 1
Page 32 of 35
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Page 33 of 35
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Page 33 of 35Section 34
Page 34 of 35
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5 1 1 1 38 2 569 2440 17 21 10 ey
5 1 1 1 38 3 713 2458 5 4 10 .
4 1 1 1 39 0 404 2442 817 134 -1
5 1 1 1 39 1 404 2442 42 134 0 :
5 1 1 1 39 2 550 2498 29 59 33 a
5 1 1 1 39 3 767 2555 2 2 56 |
5 1 1 1 39 4 803 2479 418 91 26 eee
4 1 1 1 40 0 359 2534 834 139 -1
5 1 1 1 40 1 359 2534 33 83 50 3
5 1 1 1 40 2 414 2566 65 88 36 ¥
5 1 1 1 40 3 537 2534 66 121 21 mi
5 1 1 1 40 4 675 2568 55 57 25 *
5 1 1 1 40 5 732 2567 134 60 60 £2
5 1 1 1 40 6 1050 2566 143 107 69 (Ne
4 1 1 1 41 0 400 2626 722 41 -1
5 1 1 1 41 1 400 2630 37 34 0 f
5 1 1 1 41 2 449 2649 4 1 21 :
5 1 1 1 41 3 706 2634 13 24 0 f
5 1 1 1 41 4 783 2626 5 5 0 :
5 1 1 1 41 5 831 2628 41 33 22 a
5 1 1 1 41 6 887 2640 7 17 32 7
5 1 1 1 41 7 902 2652 12 9 60 2
5 1 1 1 41 8 1032 2648 90 19 0 iS
4 1 1 1 42 0 364 2712 824 49 -1
5 1 1 1 42 1 364 2712 18 29 66 x
5 1 1 1 42 2 558 2718 52 42 4 \e
5 1 1 1 42 3 693 2718 38 23 43 a
5 1 1 1 42 4 824 2725 22 21 23 es
5 1 1 1 42 5 1002 2725 23 36 95 7
5 1 1 1 42 6 1050 2715 67 46 6 ie,
5 1 1 1 42 7 1231 2704 45 60 43 =.
5 1 1 1 42 8 1293 2718 30 12 73 ~
4 1 1 1 43 0 480 2807 1052 87 -1
5 1 1 1 43 1 480 2839 5 7 41 :
5 1 1 1 43 2 586 2824 3 6 8 .
5 1 1 1 43 3 660 2838 3 2 54 ~
5 1 1 1 43 4 822 2824 3 7 59 j
5 1 1 1 43 5 970 2831 5 5 6
3 f fe ne 7 Fy = ~N
RN / a FE } Boundaries of the sub ject land
Ss Ze ly N coietean radi oe
Ny eT Ss SY a. 7 ~; Indicative lot layout compiled trom design
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mess Site {a i> ee , Contout [htortridtion compiled tretr
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Page 34 of 35Section 35
Page 35 of 35
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dP roposedtasements Proposed Covenants
Easement AA is 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 aver 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 Lats 2 and 22
Easement AM |s a pedestrian access easement and will benefit proposed lot 3 and 4
Easement AN is 4 pedestrian access easernent and will benefit proposed lot 3 and 4
| NT [uence propsdosind?
will benefit proposed lots 1 and 22
Easement AL is a4 metre wide pedestrian access easement burdening Lot 3 and will benefit Nil
proposed lots 1, 4 and Noosa Shire Council
Easement AK \s @ wehicular access easement over the new North-South Unk Road and will
benefit proposed lots 6,7, 8 and 9.
Easement AP is a vehicular access easement and will benefit proposed lots 10, 11, 12, 13,
14, 15 and 16
a proposed lots 3, 1 and Noosa Shire Council
tN
P|
eee eee
preservation of wisusal amen
eee |
preservation of visual amenit
ere ee
preservation of visual areant
ae
preservation of visual amenit
Easement AY is a vehicular access easernent for emergency fire vehicle access only, and Proposed Covenant AR is Open Space for the purpose of
will benefit proposed lot 1, 12,13,14 and 15 and will be managed by Lot L _preservation of visual amvenity*
fasement AX |s 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
Easement AW is a stormwater and velwcular access easerment for cars, emergency Nil
firefighting appliances and car parking benefiting propased Lots 1,11,12, 14,15 and will be
managed by lat 1
Easement AZ \s a stormwater easement and will benefit proposed Lot 14 eee
fasement AV is a stormwater and vehicular access easement for cars and emergercy Nil
rranaged by Lot 1
= ae
Easement AQ is a stormwater and vehicular access easernent for cars and emergency Nil
managed by Lot 1.
me
A
me
a ma
benefit proposed Lots 1 and 2.
Nil 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*
ht
As per terms of existing Covenant fon Lot 2 on SP182845 *
Page 35 of 35