PLANNING & ENVIRONMENT REPORT - 132001 210127 3 - FINAL VERSION [As Published]

               •    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
                                                                                                      Page 6 of 16

Document Set ID: 22389362
Version: 24, Version Date: 05/07/2023