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PLANNING & ENVIRONMENT REPORT - 132001 210127 3 - FINAL VERSION [As Published]
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PLANNING & ENVIRONMENT COMMITTEE MEETING 11 JULY 2023
5.2 132001.210127.3 - CHANGE TO DEVELOPMENT APPROVAL - CHANGING SHARED
ROOMS TO SINGLE ROOMS - OZCARE - 100 COOYAR STREET, NOOSA HEADS
Author Development Planner , Tara Norley
Development & Regulation Department
Index Application / 132001.210127.3
Attachments 1. ATTACHMENT 1 – 132001.210127.3 – PROPOSED CONDITIONS
2. ATTACHMENT 2 – 132001.210127.3 - PLANNER’S REPORT
3. ATTACHMENT 3 - 132001.210127.3 - INFRASTRUCTURE AGREEMENT
4. ATTACHMENT 4 - 132001.210127.3 - PROPOSAL PLANS
EXECUTIVE SUMMARY
Council approved a rezoning application in 1996 to change the zoning of the subject site to Special
Facilities (Aged Persons Home, Retirement Community, Respite Centre, Hydrotherapy Pool and
Ancillary facilities). Subsequent approvals over the site have resulted in the current Ozcare Noosa
Heads Aged Care Facility development, comprising of a 130 bed Residential Care Facility.
The applicant has lodged a Minor Change application over the site seeking approval for alterations
and additions to the existing residential care facility, including the removal of all 24 shared rooms, to
be replaced with 48 single occupancy rooms, primarily as a response to the Covid-19 global
pandemic. The proposal includes demolition and reconstruction of the existing Banksia, Casuarina
and Administrative and Services wings and minor alterations of the Acacia building, predominately
within the existing building footprint. The Banksia wing is proposed to also include a second storey
and a minor extension to the building footprint in the south eastern corner of the subject site. Although
the proposal results in an increase in gross floor area over the site, the proposal does not increase
the number of persons accommodated on the site, being a maximum of 130 as per the existing
approval.
The minor change application is required to be decided by Council due to the proposed Infrastructure
Agreement regarding works required to be carried out on Council land for the purposes of stormwater
works, access and bushfire mitigation measures.
RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting dated
11 July 2023 regarding Application No. 132001.210127.3 to make a minor change to an existing
approval for a Development Permit for a Material Change or Use for Stage 3 – Aged Persons Home
(20 Beds) situated at 100 Cooyar Street, Noosa Heads and:
A. Approve the change.
B. Amend the development description to read as follows:
o Development Permit for a Material Change of Use - Residential Care Facility (130 beds)
C. Amend conditions 15 and 26 as outlined in Attachment 1 - Proposed amended and additional
conditions
D. Delete conditions 1, 2, 23, 27 and 28.
Document Set ID: 22389362
Version: 24, Version Date: 05/07/2023
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Full text of sections 2 to 37 (of 57)
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING 11 JULY 2023
E. Include additional conditions as outlined in Attachment 1 - Proposed amended additional
conditions.
F. Agree to enter into an Infrastructure Agreement with Ozcare (the Owner) in respect of
construction of access track crossing, maintenance of vegetation buffer one and access track
(including crossing) for the Girraween Nature Refuge and the Residential Care Facility.
G. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Document Set ID: 22389362
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Section 3
ATTACHMENT 1 – 132001.210127.3 – PROPOSED CONDITIONS
Amended Conditions
Condition 15
15. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered SK-06, 07 issue B SK-8
& 9 Issue A dated 26/01/2000, SD1 (titled ‘Site Plan’), SD2, SD3, dated July 2005, SD4 dated
May 2005 and DA-1 dated September 2005, unless otherwise superseded by Condition 46
of this approval.
Condition 26
26. To enable efficient use of delivery spaces appropriate signage shall be installed to limit
delivery parking to a maximum time of 30 minutes.
Additional Conditions
When Conditions must be Complied With
45. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
46. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below and in conjunction with Condition 15 of this
approval.
Plan No. Rev. Plan/Document Name Date
1907NOO_ J Proposed Site Plan, prepared by Enrich 19/06/2023
Architecture
PD_A_002.0
1907NOO_ F Proposed Overall Ground Floor Plan, prepared 19/06/2023
by Enrich Architecture
PD_A_003.1
1907NOO_ F Proposed Ground Floor Plan, prepared by Enrich 19/06/2023
Architecture
PD_A_011
1907NOO_ F Proposed First Floor Plan, prepared by Enrich 19/06/2023
Architecture
PD_A_012
1907NOO_ A Proposed Acacia Wing Refurb., prepared by 19/06/2023
Enrich Architecture
PD_A_014
1907NOO_ F Site Sections and Elevations, prepared by Enrich 19/06/2023
Architecture
PD_A_250
1907NOO_ E Banksia Wing Elevations, prepared by Enrich 19/06/2023
Architecture
PD_A_310
1907NOO_ E Administration & Communal Area Elevations, 19/06/2023
prepared by Enrich Architecture
PD_A_311
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Section 4
1907NOO_ G Tree Removal Plan, prepared by Enrich 19/06/2023
Architecture
PD_A_001.2
01737 LC_01 B Landscape Site Plan, prepared by View March 2023
Landscape Architecture
01737 LC_02 B Landscape Concept Plan, prepared by View March 2023
Landscape Architecture
01737 LC_03 B Landscape Detailed Concept Plan, prepared by March 2023
View Landscape Architecture
01737 LC_04 B Suggested Planting Character, prepared by View March 2023
Landscape Architecture
Reference Documents
Plan No. Rev. Plan/Document Name Date
J000542 2 Bushfire Hazard Assessment & Management 21/03/2023
Plan, prepared by North Coast Environmental
Services
J000542 1 Bushfire Evacuation Plan, prepared by North 08/12/2022
Coast Environmental Services (Appendix 2 of the
Bushfire Hazard Assessment & Management
Plan, prepared by North Coast Environmental
Services)
WBFE965- OP1 Building Bushfire Safety and Spread Prevention 22/03/2023
001-2023 Strategy, prepared by Walkerbai Fire
Engineering
Building Height
47. The maximum height of the development must not exceed 9 metres above the ground level
for the roof of the Banksia building only, in accordance with the approved plans. All other
buildings in the development must not exceed 8 metres in height above the ground level
48. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the buildings do not exceed the maximum height requirement of this Decision
Notice.
Nature and Extent of Approved Use
49. The total number of persons residing on the premises at any one time must not exceed 130.
Performance Bond
50. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Operational Works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit. Council reserves the
right to call upon the bond or guaranteed sum to effect compliance with conditions.
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Section 5
Water & Sewer Connections
51. An underground connection to reticulated water and sewerage must be provided to the
premises in accordance with the standards and requirements of Northern SEQ Distributor–
Retailer Authority (Unitywater).
52. 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 the premises.
ENGINEERING
Site Specific Conditions
53. The use of the existing fire trail located on Council land (Lot 1 SP239726) for purposes other
than maintenance and for emergency services (eg temporary access for construction
purposes) must be administered through an Access Permit by Council’s Parks and Gardens
department.
54. The emergency vehicle access located on Council land (Lot 1 SP239726) must be
constructed and maintained in accordance with the ‘Infrastructure Deed in Respect of
Construction of Access Track Crossing, Maintenance of Vegetation Buffer Zone And Access
Track (Including Crossing) For The Girraween Nature Refuge And The Aged Care Facility’
and a subsequent Operational Works permit.
55. The existing vegetation adjacent to the access must be pruned to improve driver sight lines
to both vehicles and pedestrians travelling in Cooyar Street and along the footpath. The
Australian Standard for Off-Street Car Parking (AS2890.1) must be used as a guide as with
Austroads Guide to Traffic Engineering Practice Part 5 Intersections at Grade and any
associated addendum.
56. All works associated with this permit must ensure that the fire trail is kept functional and
operational during all stages of work and for all intended uses (drainage outlet and access
for emergency services).
Car Parking
57. A minimum of 44 car parking spaces must be provided and marked on the site and made
available and accessible at all times while the use is open for business. The works must be
generally in accordance with Proposed Overall Ground Floor Plan (PD_A_003.1 E) dated 23
March 2023.
Stormwater Drainage
58. Stormwater runoff from the development must be connected to a lawful point of discharge
without causing scour or damage to the subject site or any adjoining properties. The works
must be undertaken in accordance with an Operational Works approval and be generally in
accordance with STP Consultants’ Stormwater Layout Plan (SKC01) dated 21 March 2023
and (SCK02) dated 20 March 2023. The works must include, but not be limited to:
a. All Causeways (both temporary and permanent) must be constructed to comply with
all relevant sections of Queensland Urban Drainage Manual (QUDM);
b. All Causeways (both temporary and permanent) must be constructed to comply with
Section 10.3.5 of Sunshine Coast Council’s Open Space Landscape Infrastructure
Manual 2022 (Type 5 Fire Access Trail); and
c. Works must not adversely affect the existing water quality treatment capabilities of the
development as to result in pollutants exiting the site.
Easements
59. 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.
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Section 6
60. 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.
61. 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
62. All fill and associated batters must be undertaken in accordance with an Operational Works
approval and contained entirely within the subject site unless written permission from the
respective landowner(s) is provided to Council. The works must be generally in accordance
with STP Consultant’s Earthworks/Track Layout Plan (STP22-0347 SKC03) dated 23 March
2023.
63. 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
64. 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.
LANDSCAPING
Landscaping Works
65. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. the works shown on the approved Landscape Concept plans shown in the Approved
Plans
b. Vegetation clearing within the site is to be offset through the rehabilitation of the area
of vegetation adjacent to Cooyar Street. The area is to incorporate revegetation works
that offset all native vegetation removal that is proposed on the site.
c. control of all weeds species listed in the following standards and legislation:
i. declared plants under the Land Protection (Biodiversity Act 2014 and sub-
ordinate Regulation 2016).
ii. Noosa Local Government Area Pest Management Plan 2015-2019.
66. 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 expectancy is reached.
67. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
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Section 7
Retention of Existing Trees
68. The existing Allocasurina littoralis within the Bushfire buffer associated with Lot 1 SP239726
must be retained in accordance with an Arborist Report (or part thereof) prepared by a
qualified person* and endorsed through an Operational Works approval
*(Refer to Advisory Note)
69. The existing Allocasurina littoralis in the south-eastern portion of the subject site must be
retained, except where required to be removed to accommodate the approved building, in
accordance with the recommendations of an Arborist Report (or part thereof) prepared by a
qualified person* and endorsed through an Operational Works approval.
*(Refer to Advisory Note)
70. Prior to the prestart meeting, a bank guarantee or a bond of $10,000 must be lodged as
security for the protection of the trees identified for retention in the conditions of this approval
listed within this Decision Notice. The bond:
a. may be drawn upon by Council in its entirety if any one tree identified for retention is
damaged to the point where the tree cannot be saved (as confirmed by the project
arborist and agreed in writing by Council)
b. will be returned upon practical completion of all the operational works relating to this
development.
*(Refer to Advisory Note)
Fauna Management
71. Vegetation must only be removed or disturbed in accordance with a Fauna Management
Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational
Works approval.
*(Refer to Advisory Note)
72. Permanent artificial nesting boxes must be installed within the development site to provide
compensatory habitat for arboreal mammals and hollow dependent avian species. The
works must be undertaken in accordance with an Operational Works approval.
Bushfire Management
73. The development must be carried out in accordance with the Bushfire Hazard Assessment
and Management Plan v2 listed within this Decision Notice*.
*(Refer to Advisory Note)
74. The development must be carried out in accordance with the Building Bushfire Safety and
Spread Prevention Strategy listed within this Decision Notice*.
*(Refer to Advisory Note)
75. A 2.5 metre high non-flammable permanent fence must be constructed adjacent to the
southern extension of the existing building footprint in accordance with the recommendations
of the Bushfire hazard Assessment and Management Plan v2 listed in this Decision Notice.
76. 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)
77. A copy of the bushfire evacuation plan for the development must be provided to the nearest
fire authority.
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Section 8
ATTACHMENT 2 – 132001.210127.3 - PLANNER’S REPORT
1. PROPOSAL
The applicant seeks approval to change an existing development approval for a Material Change
of Use – Stage 3 – Aged Persons Home (20 Beds). The proposal includes alterations and additions
to the existing residential care facility (Ozcare Noosa Heads Aged Care Facility).
The minor change application is required to be decided by Council due to the proposed
Infrastructure Agreement regarding works required to be carried out on Council land for the
purposes of stormwater works, access and bushfire mitigation measures.
The existing Ozcare facility has been operating on site since the late 1990s. The applicant states
that, ‘as a response to the COVID-19 global pandemic, Ozcare has re-evaluated its
accommodation model to ensure the facility meets current legislative and market requirements for
aged care accommodation, and in particular eliminating shared bedrooms / ensuites as an
important issue of infection control’. The minor change therefore seeks to remove and/or
reconfiguring all 24 existing double rooms, providing 48 single rooms in lieu, across the Banksia
North, Banksia South, Casuarina and Acacia wings of the development. No changes are proposed
to the Eucalyptus and Darwinia wings of the development (refer to Figures 5 - 8).
The proposal includes demolition and reconstruction of the existing Banksia, Casuarina and
Administrative and Services wings, predominately within the existing building footprint. The
Banksia wing is proposed to also include a second storey and a minor extension to the building
footprint in the south eastern corner of the subject (refer to Figures 6 & 7). Minor changes are also
proposed to the Acacia wing, including the conversion of existing patios to additional internal
bedroom areas, and the addition of an activities room (refer to Figure 8). The applicant has
confirmed that the Acacia wing homes special care residents who require additional care
associated with mobility issues and dementia. The proposal to enclose the patios will provide for
additional internal floor area for support equipment (eg lifters), and noting that the units will still
open out onto landscaped gardens to the front and rear, whilst the proposal include the addition of
a communal activities room. As such, the proposal to enclose the patios will not impact on the
residents’ amenity and access to open space. The proposed alterations cannot be seen from the
road frontage.
Although the existing development will be extended to accommodate the new single rooms, the
overall number of beds provided on-site will not increase. In addition, there will be no increase in
residents or staff, and as such the proposed changes do not result in a material increase in the
intensity of the use occurring on-site, with the applicant stating ‘the intent is to improve the overall
amenity and operation of the facility, while not increasing the number of persons residing on-site’.
At present the facility accommodates a maximum of 130 persons, there is no proposed change to
the maximum number of persons to be accommodated.
The proposed room reconfiguration is detailed in the following table which was provided by the
applicant:
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Section 9
Figure 1: Proposed reconfiguration of rooms
Other minor internal alterations/additions are also proposed, including communal and
administration areas, and kitchen/laundry and servicing areas. The areas are all ancillary to the
Residential Care Facility use. No changes are proposed to the existing access from Cooyar Street
or the number of carparks provided on site, however some parking areas are proposed to be
reconfigured.
The following images detail the Locality and Proposal plans.
Figure 2: Locality
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Section 10
Figure 3: Subject Site
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Figure 4: Site Plan
Figure 5: Proposed redevelopment area shown in pink (whole site)
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Section 12
Figures 6 & 7: Proposed redevelopment area shown in pink
(Banksia & Casuarina wings - Ground Floor and First Floor) (excerpt of site)
Figure 8: Proposed redevelopment area shown in pink
(Acacia Wing) (excerpt of site)
2. BACKGROUND
• A rezoning application (51995.1551) to change the zoning of the subject site from Special
Facilities (Retirement Community / Multiple Dwelling) to Special Facilities (Aged Persons
Home, Retirement Community, Respite Centre, Hydrotherapy Pool and Ancillary facilities in
accordance with the Plan of Development) was approved on 2 February 1996. The first stage
of development comprised the construction of three separate buildings linked together by a
series of walkways.
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Section 13
• A subsequent application (51996.192332 – 3B-449) for Permitted Development Subject to
Conditions for an Aged Persons Home and ancillary facilities was approved subject to
conditions on 27 March 1996. A concurrent application (51996.1913 – TPC2905) for an
Additional Caretaker’s Unit was approved subject to conditions on 13 March 1996. Stage 2
of the development included the construction of two residential wings and the alteration to an
existing wing.
• A Development Permit (132001.210127) was issued on 9 August 2001 for a Material Change
of Use - Stage 3 – Aged Persons Home. Stage 3 included an additional 20 bed extension
extending on from stage 2, along the site’s southern boundary.
• A Minor Change approval (132001.210127.2 – 21675DA) was approved on 7 December
2005 approving an additional 20 beds in the low care facility component and an additional 8
high care beds. As part of the additions, car parking was also required to be relocated, with a
total of 53 parking spaces to be provided on site. It is noted that the current Minor Change
application seeks to change this approval.
3. REQUIREMENT FOR AN INFRASTRUCTURE AGREEMENT
The minor change application is required to be decided by Council due to the proposed
Infrastructure Agreement for the construction of an access track crossing and stormwater works,
and the maintenance of a vegetation buffer zone and the access track in the Council owned
Girraween Nature Refuge, to be carried out by the operator of the Residential Care Facility.
The Infrastructure Agreement is to remain in effect for the period that the residential care facility
operates on the subject site, and requires Ozcare to undertake the following:
• Construct and maintain an access track and causeway crossings / stormwater discharge
points. The access track is required to be maintained for access for both local fire services
and Council vehicles, and must be kept functional at all times
• Maintain the vegetation buffer zone along the north-eastern and south-eastern boundary of
the subject site on the Council land
• Obtain the necessary owners’ consent and subsequent approvals (e.g. Operational Works)
prior to accessing and undertaking works on the Council land.
• prepare a Maintenance Plan and Construction Management Plan for the works being
undertaken on the Council land, to be approved by Council prior to the commencement of
works.
Noosa Council endorsed the Noosa Bushland Reserve Strategic Fire Management Plan 2021 in
June 2021, which listed the Girraween Nature Refuge second in a list of 60 ‘priority reserves for
fire management’ (with reserves ranked in order of priority based on a risk assessment). The Fire
Management Plan permits a width of 20m of clearing (being 15m as a fire access trial and 5m fuel
reduction zone) on Council land (including the Girraween Nature Refuge) for land adjoining
Category A Vulnerable persons and buildings developments (ie nursing homes).
The applicant attended a subsequent pre-lodgement meeting with Council’s Development
Assessment team on 17 July 2021 to discuss the subject minor change proposal, prior to lodging
an application for assessment. Advice was provided at the pre-lodgement meeting that Council
agreed in principle to the use of Council land for bushfire vegetation maintenance, in accordance
with the requirements of the Noosa Bushland Reserve Strategic Fire Management Plan 2021, and
that Council would be agreeable to entering into an Infrastructure Agreement with Ozcare
regarding the above works required, including (but not limited to) the ongoing maintenance of the
access track and vegetation buffer.
A ‘Planting, Clearing or Damaging Vegetation in a Local Government Controlled Area Permit
Application’ was submitted to Council in May 2022 by Ozcare (RM2022/09056) for the removal of
vegetation within the Girraween Nature Refuge (Lot 1 SP239726). The application requested to
remove vegetation within this lot for fire management purposes. The works were required in order
to achieve a ‘low threat condition’ to the Ozcare development, as per current Australian standards
for construction of buildings in bushfire prone areas. The application included the removal of
vegetation for a fire access trail a width of 20m on the eastern flank of the development and 15m
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Section 14
along the southern side (refer to Figure 9), in accordance with the Noosa Bushland Reserve
Strategic Fire Management Plan 2021 requirements. Approval was granted subject to conditions
on 8 June 2022, including the requirement to retain She-oak trees (Allocasuarina littoralis) in
perpetuity within this area. The fire access trail has recently been installed in accordance with the
approval. Refer to below assessment of the Bushfire Hazard Overlay Code for further details on
bushfire mitigation measures.
Figure 9: Extent of approved fire access trail RM2022/09056
The area of the Girraween Nature Refuge utilised for fire access and fuel reduction purposes is
required to be maintained by the Residential Care Facility operator in perpetuity, or until the use
ceases, hence the requirement for an Infrastructure Agreement.
Council’s Environmental Operations Coordinator, Senior Environment Officer (Development
Assessment) and Engineering Coordinator (Development Assessment) were consulted in the
drafting of the Infrastructure Agreement to ensure requirements were established to ensure the fire
trail remains functional for firefighting purposes. These requirements were considered when
assessing the proposed stormwater works required to be carried out on Council land, the impact
construction activities would have on the longevity and functionality of the fire trail (from both a
firefighting and drainage perspective) and what rehabilitation/maintenance works would be
necessary post-construction. A subsequent Operational Works application will also be required to
be lodged for assessment, which will include a Maintenance Plan and Construction Management
Plan for the works, which will be conditioned to be complied with in any future Operational Works
approval, in accordance with the requirements of the Infrastructure Agreement.
4. ASSESSMENT
4.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
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Section 15
• Planning Regulation 2017;
• The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
• Community Facilities Zone Code
• Noosa Heads Local Plan Code
• Special Residential Code
• Works Codes
• Biodiversity, Waterways and Wetlands Overlay Code
• Bushfire Hazard Area Overlay Code
• Landslide Hazard Area Overlay Code
4.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the
Planning Act 2016. An application for a minor change to a development approval can only be made
in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
• the development would not result in substantially different development as the proposed
changes do not involve a new use or introduce new impacts or increase the severity of known
impacts;
• the change does not include prohibited development;
• the change would not require the application to be referred to an additional referral agency or
cause a referral agency to have regard to new matters prescribed by regulation;
• where the original application was code assessable, the change would not cause the
application to become impact assessable.
4.3. Statutory Instruments – Planning Scheme
The original development approval issued over the premises was approved under the 1990
Planning Scheme. The change application is to be assessed under the 1990 scheme, and regard
be given to the current planning scheme in effect i.e., Noosa Plan 2020.
The original development approval included Plan of Development No. 36 over the site that formed
part of the development approval and regulated the type or forms of development on the site.
Noosa Plan 2020 has ‘rolled in’ the provisions of most existing Plans of Development into the
current scheme provisions, including PoD No. 36 relating to the subject site. Accordingly,
requirements under the existing approval have been accurately reflected in the current scheme
provisions, where required.
Assessment of Proposed Changes
As outlined above, the proposal includes alterations and additions to three of the existing buildings
to reconfigure the bedrooms, removing all 24 shared rooms and replacing with 48 single rooms.
The redevelopment is predominately within the existing building footprint, with the Banksia wing
also proposed to include a second storey and a minor extension to the building footprint (‘Banksia
South’) in the south eastern corner of the subject site.
The overall number of beds provided on-site will not increase and there will be no increase in
resident or staff numbers. Other minor internal alterations/additions are also proposed, including
communal and administration areas, and kitchen/laundry and servicing areas. The areas are all
ancillary to the Residential Care Facility use. No changes are proposed to the access from Cooyar
Street or the number of carparks provided on site, however some parking areas are proposed to
be reconfigured.
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The applicant has requested to amend Conditions 1, 2, 15, 26 and 28 and to delete Conditions 23
and 27.
• Conditions 1 and 2 relate to emergency vehicle access
• Condition 15 relates to approved plans
• Condition 26 relates to useability of delivery parking spaces
• Condition 28 relates to onsite carparking
• Condition 23 relates to internal access works. These works have been completed and as
such the condition is no longer relevant.
• Condition 27 relates to the requirement for revised plans prior to an Operational Works permit
being issued. These works have been completed and as such the condition is no longer
relevant.
It is noted that the original development permit (132001.210127) related to ‘Stage 3’ of the
development only, being the Darwinia and Eucalyptus wings located along the south-western
boundary of the site (refer to Figure 10), whilst the previous minor change (132001.210127.2)
related to the Acacia wing in the northern portion of the lot (refer to Figure 11), whilst the current
minor change proposal relates to the Acacia, Banksia and Casuarina wings and administration and
services areas only (refer to Figure 12). It is therefore considered that to ensure clarity regarding
the current minor change proposal, rather than amending existing conditions as requested by the
applicant, a new suite of conditions is included in the recommendation specific to the proposed
minor change, with existing conditions to either predominately remain unchanged or be deleted
accordingly.
Figure 10: Original Approval area (132001.210127) Figure 11: Minor Change area (132001.210127.2)
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Section 17
Figure 12: Proposed redevelopment area (shown in pink)
Bushfire Hazard Overlay Code
The subject site is located within the mapped Bushfire Hazard Area under the Noosa Plan 2020.
The applicant has provided a Bushfire Hazard Assessment & Management Plan (BHAMP),
Bushfire Evacuation Plan and Building Bushfire Safety and Spread Prevention Strategy with the
application material.
The BHAMP provided by the applicant states ‘confirmed bushfire hazard areas are located to the
north, south and east of the site hence the provision of adequate separation between the proposed
buildings immediately flanking hazardous vegetation is required to provide a reasonable level of
safety to site occupants and emergency services staff’. As the existing Ozcare facility is located
close to the boundary, there is limited opportunity to reduce the surrounding bushfire fuel load
threat within Ozcare’s land. Therefore, the development requires bushfire mitigation measures to
be carried out within Council’s adjoining land (Lot 1 SP239726), with the BHAMP stating ‘the extent
of proposed separation is to constitute the extent of the recommended APZ (asset protection
zones) for the development. This means the APZ is to extend from the building edge through to
the limit of the NSC firebreak on the adjoining lot, which for clarity, extends 20m from the eastern
site boundary and 15m from the southern site boundary’. This statement aligns with the existing
approval to remove vegetation for fire management purposes within the Girraween Nature Refuge
issued by Council on the 3 May 2022, which included the removal of vegetation to a width of 20m
on the eastern flank and 15m along the southern side of the development to achieve a low bushfire
threat condition to the Ozcare development. Works in accordance with these approvals have since
been carried out on site. The BHAMP provided by the applicant also states ‘the approved fire break
will provide the site with a formal fire break separating the buildings and adjacent hazardous
vegetation. The fire break provides the opportunity for RFS vehicle access along the entire north,
east and south peripheries of the site…’. As outlined above, an Infrastructure Agreement has been
drafted to ensure the area within the Girraween Nature Refuge utilised for bushfire separation
purposes is maintained by Ozcare in perpetuity, or until the use ceases.
Council’s Senior Environment Officer has reviewed the documentation provided with the
application material and provided conditions, included in the recommendation, requiring the
development to be carried out in accordance with the Bushfire Hazard Assessment & Management
Plan and the Building Bushfire Safety and Spread Prevention Strategy. It is therefore considered
that, subject to the inclusion of appropriate conditions, the proposal complies with the relevant
provisions of the Bushfire Hazard Overlay Code.
Biodiversity, Waterways and Wetlands Overlay Code
The subject site contains areas of mapped Biodiversity Significance and Riparian Buffer Area along
the eastern and southern boundaries (refer to Figure 13).
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Figure 13: Biodiversity, Waterways and Wetlands Overlay mapping
It is noted that the Area of Biodiversity Significance mapping was identified prior to the exempt
clearing for bushfire protection recently being carried out in the southern end of the site and is no
longer considered accurate with on-ground vegetation conditions. In addition, Council’s Senior
Environment Officer has reviewed the proposal and confirmed that the Riparian Protection Area
mapping has been overrepresented on the site and captures the existing building and modified /
landscaped area in the eastern site extent (refer to Figures 14 & 15), stating that this area exhibits
limited woody vegetation and contains no macrophytes, hence the mapping is not considered
representative of onsite conditions.
Figure 14: Area of mapped Riparian Buffer Areas on east boundary (boundary shown in red)
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Figure 15: Tree Removal Plan
The applicant has provided an Ecological Assessment Report stating that numerous ‘least concern’
native trees (mostly paperbarks, banksia, macarangas and cheese trees), shrubs and
groundcovers within the existing landscaped garden beds around the perimeter of the existing
buildings to be renovated will be impacted by the works. In addition, minor quantities of vegetation
removal are required within the southern portion of the site for the extension to the Banksia South
wing, which is likely to include removal of four (4) of eight (8) Allocasuarina littoralis (black she-
oaks) identified on the site (refer to Figure 16). Inspection by the applicant’s ecologist has
confirmed that the trees are not feed trees for the Glossy Black Cockatoo. As such, a condition is
included in the recommendation requiring the retention of all she-oaks on site, where not required
to be removed for construction.
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Figure 16: Vegetation noted for possible removal
Council’s Senior Environment Officer has reviewed the Ecological Assessment Report and noted
that portions of the site have previously been cleared via bushfire exemptions. It is also noted that
all of the vegetation expected to be impacted by the proposal (refer to Figure 15) can be cleared
under numerous Noosa Council and State Government exemptions for bushfire protection
measures, including Schedule 6 of the Planning Regulation 2017.
A condition is included in the recommendation requiring cleared vegetation to be offset within the
development site. The offset is required to be undertaken within the area of vegetation adjacent to
Cooyar Street to assist in buffering the development from surrounding uses. Conditions have also
been included in the recommendation to ensure a suitably qualified and experienced fauna
spotter/catcher is on site during all vegetation clearing activities. It is therefore considered that,
subject to the inclusion of appropriate conditions, the proposal complies with the relevant
provisions of the Biodiversity, Waterways and Wetlands Overlay Code.
Community Facilities Zone Code
The subject site is zoned Community Facilities and the use, being an extension to an existing
Residential Care Facility, is consistent within the Community Facilities zone, noting that the site is
specifically annotated for this use under Noosa Plan 2020. The proposal predominately complies
with the relevant provisions of the Community Facilities Zone Code, including the proposed use
and built form (setbacks etc) with the only non-compliance being height and gross floor area.
Acceptable Outcome AO17.1 of the Community Facilities Zone Code requires that buildings and
other structures are no more than 8 metres in building height (refer to Figure 17). The proposal
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includes a portion of the Banksia wing roof up to 9m in height and as such does not comply with
A017.1.
Figure 17: Area of height encroachment
The proposal is therefore required to comply with corresponding Performance Outcome PO17 of
the Community Facilities Zone Code, which states:
PO17 Buildings and structures:
a. are low rise and have a visual bulk and architectural scale consistent with the character
of the area;
b. do not visually dominate the street and surrounding spaces;
c. preserve the amenity of surrounding development including privacy, views and access
to sunlight to residential dwellings;
d. respect the scale of the surrounding vegetation, maintaining a vegetated skyline; and
e. have a maximum building height of two storeys.
The area of non-compliance relates to the peak of the roof of the Banksia wing only. The building
is located along the north eastern boundaries of the site and is not viewable from any roads in
proximity, and as such will not visually dominate the street or surrounding areas. The building is a
maximum of two (2) storeys and will not result in visual bulk due to the location of the building being
screened from view outside of the site. The encroachment is considered minor in the context of
the whole of the development and does not raise any concerns. The proposal is therefore
considered to comply with Performance Outcome PO17 of the Community Facilities Zone Code.
Acceptable Outcome AO18.1 of the Community Facilities Zone Code requires that individual
buildings do not exceed a gross floor area (GFA) of 1000m2. The proposal includes individual
buildings in excess of 1000m2 GFA and as such does not comply with AO18.1. The proposal is
therefore required to comply with corresponding Performance Outcome PO18 of the Community
Facilities Zone Code, which states:
PO18 Buildings and other structures:
a. are fit for purpose and respect the scale of surrounding development;
b. do not present an appearance of bulk to adjacent properties, roads or other areas in the
vicinity of the site;
c. maintains natural site characteristics where possible, including native vegetation and
natural landforms;
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d. allows for adequate area at ground level for landscaping and site facilities; and
e. facilitates onsite stormwater management and vehicular access.
The proposal is for alterations and additions to an existing Residential Care Facility only. The
proposal will improve the health, safety and amenity of residents by removing all shared rooms
and replacing them with single rooms, ensuring the development is fit for purpose post the Covid-
19 pandemic. The extensions will not be visible from the road or other areas in the vicinity and will
allow for adequate landscaping and site facilities. The proposal is therefore considered to comply
with Performance Outcome PO18 of the Community Facilities Zone Code.
It is noted that the original rezoning approval which approved Plan of Development (PoD) No. 36
over the site allowed a maximum gross floor area (GFA) of 10,000m2, in lieu of an 8,000m2
maximum GFA under the 1990 planning scheme. The previous Minor Change approval approved
a total GFA of 8,271m2 over the site. The proposed 2940m2 additional floor area under this current
proposal will result in a total GFA of 10,364m2 and as such does not comply with the previous GFA
requirements under PoD No. 36.
The planning assessment report for the original rezoning approval confirms that the proposal was
for a staged development, with a final total of 120 beds originally proposed for the site. The
assessment report states ‘the gross floor area is governed by the nature of the intended use’ and
that ‘the reduced height of the buildings, the substantial setbacks to Cooyar Street and the absence
of any neighbouring residential properties give reason to conclude that the impacts of the changed
standards will not be greatly visible to nearby residents or of concern to adjoining properties’. As
such, the increase in GFA to 10,000m2 was supported under the rezoning approval. It is noted the
current Noosa Plan 2020 is considered to adequately reflect relevant provisions of old Plans of
Development where required, however does not include a maximum GFA for development within
the Community Facilities zone and as such, if the original application was lodged under the current
scheme, there would be no restriction on the total GFA allowable on the site.
The current proposal does result in a substantial increase in GFA on the site, however
notwithstanding this, the original approval was for a staged development with a total of 120 beds,
consisting of a mix of single and double rooms. The current proposal for 130 beds does not
substantially increase the scale of the development, with the increase in GFA as a result of the
proposal to remove all shared rooms and replace with single rooms, predominantly in response to
the Covid-19 pandemic. Therefore, the proposal to increase the GFA to over 10,000m2 does not
raise any concerns, particularly given the removal of a total GFA provision in the current scheme,
the improvement in the health, safety and amenity aspects of the development, that the proposed
built form complies with current requirements in terms of height and setbacks and that the
development is not viewable from the street frontage.
Noosa Heads Local Plan Code and Special Residential Code
The proposal complies with the relevant provisions of the Noosa Heads Local Plan Code and
Special Residential Code, particularly in relation to the provision of community facilities, built form
being integrated with the natural landscape and screened from public areas, and
development providing acceptable standards of health, safety and amenity for residents.
Carparking Works Codes
The proposal is for alterations and additions to the existing residential care facility only, with no
proposed increase in number of residents, staff or visitors to the site. The existing approval
conditioned the provision of 44 onsite carparks, whilst current requirements under Noosa Plan
2020 would only require 33 onsite carparks and one emergency vehicle space for a 130 bed
Residential Care Facility. The proposal retains the existing 51 carparks provided on site as part of
the existing approval and as such complies with both the previous approval and current
requirements.
5. CONSULTATION
5.1. Referral Agencies
Not applicable
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5.2. Other Referrals
The application was forwarded to the following internal Council specialists:
• Senior Environment Officer, Development Assessment
• Development Engineer, Development Assessment
• coordinator Engineering, Development Assessment
• Infrastructure Assessment Coordinator, Development Assessment
• Coordinator Environmental Operations, Environmental Services
6. CONCLUSION & REASONS FOR DECISION
The proposal is for alterations and additions to the existing Residential Care Facility (Ozcare) and
involves an expansion of the site’s gross floor area. The amended layout is in response to COVID-
19 with works required to meet current legislative and market requirements for aged care
accommodation, in particular eliminating shared bedrooms/ ensuites for the purpose of infection
control. The minor change does not seek to increase the number of residents or staff on site, with
no changes required to access or parking.
The minor change application is required to be decided by Council due to a proposed Infrastructure
Agreement between the facility operators and Council for the construction and maintenance of an
access track and stormwater works, and the maintenance of a vegetation buffer zone for bushfire
mitigation purposes in the Council owned Girraween Nature Refuge adjoining the subject site.
The proposal requires removal of minor quantities of vegetation on site to construct the extension
to the facility. Conditions have been included in the recommendation requiring the retention of
Allocasuarina littoralis (black she-oaks) where possible, as well as the provision of offset planting
on the subject site for all native vegetation removal that is proposed as part of the development.
It is recommended that the application be supported with conditions 1, 2, 23, 27 and 28 (relating
to emergency vehicle access, works already completed and onsite carparking) deleted, conditions
15 and 26 (relating to approved plans and onsite delivery vehicle parking) be changed to reflect
the changed development and current requirements, and additional conditions 45 to 77 be added
(specific to this minor change application only) to reflect current planning scheme requirements.
Departments/Sections Consulted:
Mayor Community Services Corporate Services
Councillors Director Director
Community Development Financial Services
Chief Executive Officer Community Facilities Fleet
Executive Support Libraries & Galleries ICT
Local Laws Procurement
Waste & Environment Health Property
Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings & Facilities
Governance Economic Development Civil Operations
People & Culture X Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design & Delivery
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Section 24
ATTACHMENT 3 - 132001.210127.3 - INFRASTRURE AGREEMENT
NOOSA SHIRE COUNCIL
OZCARE ACN 072 422 925
INFRASTRUCTURE DEED IN RESPECT OF CONSTRUCTION OF ACCESS
TRACK CROSSING, MAINTENANCE OF VEGETATION BUFFER ZONE AND
ACCESS TRACK (INCLUDING CROSSING) FOR THE GIRAWEEN NATURE
REFUGE AND THE AGED CARE FACILITY
DEVELOPMENT PERMIT: 132001.210127.3
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CONTENTS
1. INTERPRETATION 4
1.1 Nature of Deed...................................................................................... 4
1.2 Commencement.................................................................................... 4
1.3 Interpretation ......................................................................................... 4
1.4 Definitions ............................................................................................. 5
1.5 Other Expressions ................................................................................ 6
1.6 Rights and Obligations .......................................................................... 6
2. INFRASTRUCTURE DEED 6
2.1 Application of Act ..................................................................................6
2.2 Warranty of Ownership ......................................................................... 6
2.3 Deed to bind successors in title............................................................. 6
2.4 Deed conditional upon approval of Development Application ................ 6
3. INFRASTRUCTURE CONTRIBUTION 7
3.1 Infrastructure Agreement overrides Development Permit ...................... 7
3.2 Infrastructure Contribution..................................................................... 7
4. GOODS AND SERVICES TAX 8
5. DEFAULT BY OWNER OR APPLICANT 8
5.1 Rights of the Council on default ............................................................ 8
5.2 Application of money ............................................................................. 8
6. RECONFIGURATION OF THE SUBJECT SITE 8
6.1 Reconfiguring and compliance .............................................................. 8
6.2 Reconfiguring and non-compliance ....................................................... 8
7. SERVICE 8
7.1 Service by prepaid post......................................................................... 8
7.2 Deemed service .................................................................................... 8
7.3 Proof of service ..................................................................................... 8
7.4 Form of Notice ...................................................................................... 9
8. MISCELLANEOUS 9
8.1 Payment of costs .................................................................................. 9
8.2 Time...................................................................................................... 9
8.3 Place for payment of monies ................................................................. 9
8.4 Waiver................................................................................................... 9
8.5 Laches and delay .................................................................................. 9
8.6 Severance............................................................................................. 9
8.7 Warranty of authority ............................................................................. 9
8.8 Further assurances ............................................................................. 1 O
8.9 Amendment of deed ............................................................................ 10
SCHEDULE 1 11
EXECUTED AS A DEED 12
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THIS DEED is made on the date stated in item 1.
BETWEEN The Council
AND the Owner
RECITALS
A The owner has obtained various approvals (216575 DA / 132001.210127.3) in order
to construct and operate an aged care facility on the Subject Site.
B The owner has also obtained approvals (RM2022/09056 dated 7 June 2022 and
RM2020/53583 dated 7 October 2020) and carried out initial works for the clearing of
vegetation for a buffer zone for fire mitigation and access track upgrades on the
Council Land.
C The owner has agreed to undertake the following on the Council Land for the period
that the aged care facility is being operated on the Subject Site and on the terms set
out in this deed:
(i) construct the access track and causeway crossings / stormwater discharge
points upgrades on the Council Land generally in accordance with drawings
General Arrangement Plan STP220347 C102 A dated Jan 2023, Stormwater
Layout STP22-0347 SKO1 dated 21.03.23, Earthworks / Track Layout
STP22-0347 SKO3 dated 23.03.23, Causeway Crossing 1 STP22-0347
SKO5 dated 03.05.23, and Causeway Crossing 2 STP22-0347 SKO6 dated
03.05.23, prepared by STP Consultants;
(ii) maintain the access track and causeway crossings / stormwater discharge
points on the Council Land a minimum of:
(A) Fire trail (including the track, causeway crossings and stormwater
discharge): every 3 months
(8) Fuel Reduction Zone (FRZ): every 3 years
(C) Slashing/mowing: every 3 months
(iii) maintain the vegetation buffer zone along the north-eastern and south
eastern boundary of the Subject Site on the Council Land, refer to
RM2022/09056 dated 7 June 2022 and see also RM2020/53583 dated 7
October 2020:
(A) north-eastern boundary: maximum total width of 20m comprising
15m as a fire access trail / fuel free zone width and 5m fuel
reduction zone width;
(8) south-eastern boundary: maximum total width of 15m comprising a
15m fuel free zone width.
(iv) obtain the necessary owners' consent and subsequent approvals (e.g.
Operational Works) prior to accessing and undertaking works on the Council
Land.
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(v) prepare a Maintenance Plan and Construction Management Plan for the
works being undertaken on the Council Land to be approved by Council prior
to the commencement of works.
IT IS AGREED
1. INTERPRETATION
1.1 Nature of Deed
This deed accords with Clause 2.
1.2 Commencement
This deed commences on the Commencement Date.
1.3 Interpretation
(a) In this deed, unless a contrary intention appears, reference to:
( i) a clause is to a clause in this deed; and
(ii) the singular includes the plural and vice versa; and
(iii) any gender includes all other genders; and
(iv) a person includes a firm, a corporation, an association and a body,
whether incorporated or not and a government or statutory entity or
authority; and
(v ) legislation (including subordinate legislation) includes:
(A) statutory instruments under the legislation; and
(B) consolidations, amendments, re-enactments or
replacements of the legislation; and
(vi) writing includes any mode of representing or reproducing words in
tangible and permanently visible form and includes facsimile
transmission; and
(vii) this or any other deed includes the deed as varied or replaced and
is not affected by any change in the identity of the parties; and
(viii) a day is a Calendar Day
(b) Whenever more persons than one constitute a party, all the covenants,
deeds, conditions, restrictions and provisos on the part of that party
contained or implied in this deed bind those persons jointly and each of them
severally.
(c) This deed is in all respects to be interpreted in accordance with the laws of
the State of Queensland, and the parties irrevocably and unconditionally
submit to the non-exclusive jurisdiction of the courts of that state and any
courts which have jurisdiction to hear appeals from them, and waive any
right to object to proceedings being brought in those courts.
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(d) Nothing contained in this deed affects, prejudices or derogates from the
requirements of any statute or from the rights, powers and authorities of the
Council under the provision of any statute or under any declared policy of
the Council.
(e) All schedules to this deed form part of this deed and a reference to an item
is a reference to an item in Schedule 1 unless stated otherwise.
(f) Terms used in the Special Conditions which are not otherwise defined in
Clause 1.4 (Definitions) shall have the meanings assigned to them in the
Council's Planning Scheme.
1.4 Definitions
In this deed:
"Act" means the Planning Act 2016 (the "Act').
"Calendar Day" has the meaning given in section 36 of the Acts Interpretation Act
1954 (Qld).
"Chief Executive Officer" means the Chief Executive Officer of the Council and
includes the person (if any) for the time being acting as Chief Executive Officer.
"Commencement Date" means the date when this deed commences being the date
when the last party executes this deed
"Council" means the Local Government described in Item 3 of Schedule 1 and its
predecessors, successors, transferees and assigns.
"Council Land" means the land described in item 7 of Schedule 1.
"development" has the meaning given in the Act.
"Infrastructure Contribution" mean the maintenance contribution required under
clause 3.2.
"local government" has the meaning given in the Local Government Act 2009.
"local government area" has the meaning given in the Local Government Act 2009.
"lot" has the meaning given in the Act.
"Notice" means any certificate, demand or notice to be made, given or served by a
party under this deed.
"owner" has the meaning given in the Act and is the person described in item 4 of
Schedule 1 and includes:
(a) successors and permitted assigns in the case of a corporation, association
or other body whether incorporated or not; and
(b) executors, administrators and permitted assigns in the case of a natural
person.
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"Planning Scheme" means the planning scheme of the Council applicable for the
Subject Site.
"Special Conditions" means the conditions specified in item 6 of Schedule 1 with
which the Owner must comply.
"Subject Site" means the land described in item 5 of Schedule 1 and includes:
(a) any interest or estate in, on, over or under the land; and
(b) the airspace above the surface of the land and any estate or interest in the
land; and
(c) the subsoil of the land and any estate or interest in the subsoil; and
(d) any part or parts of the land; and
(e ) any estate or interest created in respect of any of the above matters.
"use" has the meaning given in the Act.
1.5 Other Expressions
If a term is not defined in this Deed it shall unless the context otherwise requires,
have the meaning given to it by:
(a) the Act; or
(b) the Macquarie Dictionary in the absence of a definition in the Act.
1.6 Rights and Obligations
Where rights or obligations are in respect to any contributions or works those rights
shall be rights in favour of Council and those obligations shall be obligations to
Council.
2. INFRASTRUCTURE DEED
2.1 Application of Act
This Deed constitutes an infrastructure agreement under the Act.
2.2 Warranty of Ownership
The owner warrants that, at the time of signing this agreement, it is the owner of the
land.
2.3 Deed to bind successors in title
The owner consents to the obligations under this Deed being attached to the Subject
Site and binding on the owner and the owner's successors in title in accordance with
Section 155 (When infrastructure agreements bind successors in title) of the Act.
2.4 Deed conditional upon approval of Development Application
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This Deed is conditional upon the approval of the owner's request for a minor change
in respect of the development on the Subject Site.
3. INFRASTRUCTURE CONTRIBUTION
3.1 Infrastructure Agreement overrides Development Permit
This Deed applies to the extent of any inconsistency with any development permit
and the Infrastructure Contribution payable hereunder is in addition to any conditions
of, or payments required by, any development permit and/or any infrastructure
charges notice given in respect of the development.
3.2 Infrastructure Contribution
On and from satisfaction of clause 2.4, but only while the aged care facility is being
operated on the Subject Site, the owner must at its cost:
(i) construct the access track and causeway crossings / stormwater discharge
points upgrades on the Council Land generally in acco_rdance with drawings
General Arrangement Plan STP220347 C102 A dated Jan 2023, Stormwater
Layout STP22-0347 SKO1 dated 21.03.23, Earthworks / Track Layout
STP22-0347 SKO3 dated 23.03.23, Causeway Crossing 1 STP22-0347
SKO5 dated 03.05.23, and Causeway Crossing 2 STP22-0347 SKO6 dated
03.05.23 prepared by STP Consultants;
(ii) maintain the access track and causeway crossings / stormwater discharge
points on the Council Land a minimum of:
(A) Fire trail (including the track, causeway crossings and stormwater
discharge): every 3 months
(B) Fuel Reduction Zone (FRZ): every 3 years
(C) Slashing/mowing: every 3 months
(iii) maintain the vegetation buffer zone along the north-eastern and south
eastern boundary of the Subject Site on the Council Land, refer to
RM2022/09056 dated 7 June 2022 and see also RM2020/53583 dated 7
October 2020:
(A) north-eastern boundary: maximum total width of 20m comprising
15m as a fire access trail / fuel free zone width and 5m fuel
reduction zone width;
(B) south-eastern boundary: maximum total width of 15m comprising a
15m fuel free zone width.
(iv) obtain the necessary owners' consent and subsequent approvals (e.g.
Operational Works) prior to accessing and undertaking works on the Council
Land.
(v) prepare a Maintenance Plan and Construction Management Plan for the
works being undertaken on the Council Land to be approved by Council prior
to the commencement of works.
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4. GOODS AND SERVICES TAX
The federal government has determined that rates and utility charges levied by local
government will be GST free. Accordingly, no component for GST is included in this
Infrastructure Contribution.
5. DEFAULT BY OWNER OR APPLICANT
5.1 Rights of the Council on default
If the owner fails to duly perform and fulfil any or all of its obligations under Clause 3
the Council may recover from the applicant the whole or any amount of the
Infrastructure Contribution not paid and its costs of recovery.
5.2 Application of money
The Council may apply any sum recovered or received by it pursuant to Clause 5.1
(rights of the Council on default) as far as the sum may extend to or towards all or
· any one or more of the following:
(a) reduction or discharge of the amount payable by the owner under this Deed;
and
(b) reimbursing itself for the cost of works done and/ or for any damages or costs
suffered by it as a consequence of such non payment.
6. RECONFIGURATION OF THE SUBJECT SITE
6.1 Reconfiguring and compliance
If the Subject Site is reconfigured under the provisions of the Act and the obligations
under this Deed have been satisfied, then this Deed no longer remains attached to
the reconfigured lots and the owner's successors in title are not bound by this deed.
6.2 Reconfiguring and non-compliance
If the Subject Site is reconfigured under the provisions of the Act and the obligations
under this Deed have not been satisfied, this Deed remains attached to the
reconfigured lots and the owner's successors in title remain bound by this deed.
7. SERVICE
7.1 Service by prepaid post
A Notice is sufficiently made, given or served by a party if left at or forwarded by
prepaid post in an envelope addressed to the other party or any of them (where there
are more persons than one person comprising the other party) at the address of that
party specified in Schedule 1.
7.2 Deemed service
A Notice if sent by prepaid post is deemed to have been made, given or served at
the time when in the due course of the post it would be delivered at the address to
which it is directed whether or not it is actually received.
7.3 Proof of service
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In proving service of a Notice made, given or served by the Council it is only
necessary for the Council to certify to that effect under the hand of the Chief Executive
Officer.
7.4 Form of Notice
(a) A Notice given by a party must be in writing and signed by the party.
(b) A Notice given by a party may be signed by an officer of that party or the
solicitor for that party.
(c) A party receiving a Notice is not obliged to enquire as to the authority of the
person signing the Notice.
8. MISCELLANEOUS
8.1 Payment of costs
The owner shall pay the Council's legal costs of and incidental to the preparation and
execution of this Deed on a solicitor own client basis.
8.2 Time
Time is, in all cases, of the essence.
8.3 Place for payment of monies
All monies payable to Council under this deed are payable free from all deductions
at the address of Council specified in Schedule 1.
8.4 Waiver
No waiver by the Council of any breach by the owner of any of the provisions of this
Deed shall be implied against the Council or be otherwise effective unless it is in
writing under the hand of the Chief Executive Officer.
8.5 Laches and delay
No laches or delay by the Council at any time or times in enforcing any of its rights,
powers and the like under this Deed prejudice or affect those rights or powers.
8.6 Severance
If any provision of this Deed cannot be given effect or full force and effect by reason
of statutory invalidity that provision shall be severed or read down but so as to
maintain and uphold so far as possible the remaining provisions of this deed.
8. 7 Warranty of authority
Any person signing this Deed:
(a) as attorney of any party warrants to the other parties that at the date of
execution that person has not received any notice or information of the
revocation of the power of attorney appointing that persons; and
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Section 33
(b) as an authorised officer, agent or trustee of any party warrants to the other
parties that at the date of execution that person has full authority to execute
· this deed in that capacity.
8.8 Further assurances
Each party agrees at its cost to do everything reasonably necessary to give effect to
this Deed.
8.9 Amendment of deed
(a) Despite any provision of this Deed, the parties may at any time agree to vary
the terms of this Deed
(b) No modification, variation or amendment of this Deed is of any force or effect
unless:
(i) it is in the form of an amendment Deed and has been signed by the
parties; and
(ii) where relevant the amendment Deed complies with the
requirements of the Act.
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Section 34
SCHEDULE 1
Deed Details
ITEM 1 Date The Commencement Date
ITEM2 Name of Deed Infrastructure Deed in respect of
construction of access track crossing,
maintenance of vegetation buffer zone and
access track (including crossing) for the
Giraween nature refuge and the aged care
facility
ITEM 3 Council Noosa Shire Council
9 Pelican Street, Tewantin in the State of
Queensland
PO Box 141, Tewantin OLD 4565
ITEM4 owner Ozcare
ACN 072 422 925
66 River Terrace
Kangaroo Point OLD 4169
ITEM 5 Subject Site Lot 9 on RP225312, title reference 17299066
ITEM6 Special Conditions nil
ITEM7 Council Land Lot 1 on SP239726, title reference 50928874
ITEMS DevelopmentApplication 132001.210127.3 - Minor Change to
and Permit Existing Approval
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Section 35
EXECUTED AS A DEED
This deed dated this day of 2023
BETWEEN NOOSA SHIRE COUNCIL a Local Government duly constituted under the
provisions of the Local Government Act 2009
("Council")
AND OZCARE ACN 072 422 925
("the owner")
SIGNED SEALED AND DELIVERED by the )
delegated officer for and on behalf of the ) ------············································--
NOOSA SHIRE COUNCIL ) Signature
)
) Name
)
) __________
) Dated
EXECUTED by the Owner OZCARE ACN 072 )
422 925 by its authorised signatory: )
)
)
)
) \)1N.ull£. t\.\l\�ne-__l)Av1!:)___
) Name of Authorised Signatory
)
) w, \ 'c / oS-[ 3
) Date
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Section 36
ATTACHMENT 4 - 132001.210127.3 - PRPOSAL PLANS
N 7079463515
E 509099909
1
SP239726
Emt C
RP86284
4
227
enricharchitecture.com
RP176147
REFUSE COLLECTION VEHICLE (RCV)
MANOEUVRING PATH SHOWN - INDICATIVE
ONLY. REFER CIVIL DWG STP22-0347.
Cooyar
EXISTING [email protected] | 07 3392 0235
38
RP225303
MAINTENANCE Office 3, 18-24 Duke Street, Kangaroo Point Qld 4169
Hargraves Briggs Jacuzzi Pty Ltd TA Enrich Architecture
98.000m
SHED
BOUNDARY
ACN 076 897 606 | ABN 90 076 897 606
Street
MHunable to open
228
RP176147
186° 53' 30"
COPYRIGHT:
PROPERTY
9
All rights reserved. This work is copyright and cannot be reproduced or
RP225312 REFUSE copied in any form or by any means (graphic, electronic or mechanical,
Gas tank slab EXISTING GAS TANK including photocopying) without the written permission of Hargraves
Briggs Jacuzzi Pty Ltd. Any licence, expressed or implied, to use the
document for any purpose whatsoever is restricted to the terms of the
6°53'05"
99.996
agreement or implied agreement between Hargraves Briggs Jacuzzi Pty
IL
Ltd and the instructing party.
ILIL16.661
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1 ISSUE DATE SUBJECT DRAWN
1 Truck 19
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RP225303
A 08/02/22 PRELIMINARY ISSUE EA
ENTRY/ Site BM 1:
X = 509086.211
Y = 7079394.511
Z = 20.476
B 14/02/22 CLIENT REVIEW EA
IL 16.713
EXIT 20
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5 F 24/02/23 REVISED REFUSE AREA EA
22
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G 07/03/23 REVISED DA COORDINATION EA
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OUTLINE OF PROPOSED BLDG REDEVELOPMENT
66
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50 5
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TREE CLEARING FOR SITE/BLDG REDEVELOPMENT
IL 16.624
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6
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OTHER VEGETATION UNAFFECTED BY PROPOSED WORKS
PARKS
50
SP239726
48
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EXISTING CAR
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DRAINAGE OUTLET
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30 The text continues on section 38.