2020-08-31 Special Meeting Agenda

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.

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