2016-03-01 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                   1 MARCH 2016


4.    CONCLUSION
The general principle of the covenant provides an alternative to removing the uncontrolled fill and
permits further development of the site in a controlled manner that does not destabilise the site
and provides for stability for the development into the future.


Previous Council Consideration

Nil


Finance & Risk

Nil


Consultation

External Consultation - Community & Stakeholder

Nil

Internal Consultation

Building
The covenant in principle and geotechnical report was referred to Council’s Building section for
comment. Their comments are as follows:

“The recommendations provided in the report appear sufficient for a building certifier to take the
necessary action in determining the course of treatment for any building work approval”

Council’s Solicitor
The covenant in principle and geotechnical report was also referred to Council’s solicitor. The
solicitor recommended that Council agree to include the alternative for a covenant as part of an
amended condition and provided the following wording:

9.2   The owner of the subject land will enter into a covenant with the Council pursuant to
      Section 97A of the Land Title Act 1994.
      The purpose of the covenant is to stipulate that any development of proposed Lot 102 is to
      be carried out in accordance with the specifications and recommendations of the attached
      report by Douglas Partners dated 7 September 2015 reference “Report on Geotechnical
      Investigation 178 Eumundi-Noosa Road, Noosaville”.
      At the time of application for building works and/or associated earthworks, the applicant
      must provide certification from a suitably qualified geotechnical engineer stating that the
      proposed works are in accordance with the Douglas Partners report.
      The covenant will be prepared by the applicant and lodged with the Council prior to release
      of the survey plan for this approval for perusal by the Council’s solicitor at the cost of the
      applicant.




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