MCU21-0110 - Representations to conditions of approval.pdf

CHANGE REPRESENTATIONS UNDER SECTION 75 OF THE PLANNING ACT 2016
Development Application No: MCU21/0110
Applicant: Noosa Springs Real Estate Pty Ltd
Premises: Lot 4 SP178340, 61 Noosa Springs Drive, Noosa Heads

Pursuant to section 75 of the Planning Act 2016 (Qld), the applicant makes representations about the following conditions of the Development Approval issued by
Council on 15 May 2025. The applicant respectfully requests Council’s favourable consideration of the representations and looks forward to discussing the issues
as required and receiving a Negotiated Decision Notice accordingly.

 Decision Notice Condition                   Comment                                                         Requested Amendment

 14. Real Time Odour Monitoring              The applicant acknowledges the importance of managing           It is requested that the condition be deleted and that
                                             odour impacts from the Noosa Wastewater Treatment Plan          the matter be discussed before the representations are
 (a) Monitoring Equipment Intent             (NWTP) for the comfort of the hotel guests. The applicant’s     decided.
                                             odour expert strongly advises that the most effective
 Install and maintain a real time odour      response to any odour detection by hotel staff or a guest
 monitoring system which continuously        staying at the resort, if that occurs, is the implementation
 samples odour on the resort site and        of the Odour Complaint Management Plan (OCMP)
 provides real time updates to resort        required by condition 15.
 management of odour concentrations.
 The monitoring system must monitor          It is intended that the OCMP will manage any complaints,
 relevant odour indicators (such as          if any are received, in an effective and decisive manner. It
 Hydrogen Sulphide) and provide real         will be imperative for the continued operation of the resort,
 time alerts via email/SMS to resort         that the resort operator deal with any complaints, should
 management when trigger levels are          that need ever arise.
 reached/exceeded. The monitoring
 weather station with real time output for   The applicant has advised that the Noosa Springs Golf and
 comparison to odour results to identify     Spa Resort has operated from the site for over 25 years
 potential odour source location.            without receiving a single odour complaint from the many
                                             hundreds of thousand guests that have attended the site
                                             during this time. Requiring upfront, continuous real-time
 Upon receipt of an odour alert, resort
 staff are to implement management           monitoring despite this record implies a risk that has never
 actions to monitoring results are below     materialised and conflicts with evidence-based planning
 the trigger level.                          principles considered for the development. Further, it is
                                             noted that the condition does not apply to the existing



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[OCR of page images]
CHANGE REPRESENTATIONS UNDER SECTION 75 OF THE PLANNING ACT 2016
Development Application No: MCU21/0110

Applicant: Noosa Springs Real Estate Pty Ltd

Premises: Lot 4 SP178340, 61 Noosa Springs Drive, Noosa Heads

Pursuant to section 75 of the Planning Act 2016 (Qld), the applicant makes representations about the following conditions of the Development Approval issued by
Council on 15 May 2025. The applicant respectfully requests Council’s favourable consideration of the representations and looks forward to discussing the issues
as required and receiving a Negotiated Decision Notice accordingly.

Decision Notice Condition
14, Real Time Odour Monitoring
(a) Monitoring Equipment Intent

Install and maintain a real time odour
monitoring system which continuously
samples odour on the resort site and
provides real time updates to resort
management of odour concentrations.
The monitoring system must monitor
relevant odour indicators (such as
Hydrogen Sulphide) and provide real
time alerts via email/SMS to resort
management when trigger levels are
reached/exceeded. The monitoring
weather station with real time output for
comparison to odour results to identify
potential odour source location.

Upon receipt of an odour alert, resort
Staff are to implement management
actions to monitoring results are below
the trigger level.

Comment

The applicant acknowledges the importance of managing
odour impacts from the Noosa Wastewater Treatment Plan
(NWTP) for the comfort of the hotel guests. The applicant’s
odour expert strongly advises that the most effective
response to any odour detection by hotel staff or a guest
staying at the resort, if that occurs, is the implementation
of the Odour Complaint Management Plan (OCMP)
required by condition 15.

It is intended that the OCMP will manage any complaints,
if any are received, in an effective and decisive manner. It
will be imperative for the continued operation of the resort,
that the resort operator deal with any complaints, should
that need ever arise.

The applicant has advised that the Noosa Springs Golf and
Spa Resort has operated from the site for over 25 years
without receiving a single odour complaint from the many
hundreds of thousand guests that have attended the site
during this time. Requiring upfront, continuous real-time
monitoring despite this record implies a risk that has never
materialised and conflicts with evidence-based planning
principles considered for the development. Further, it is
noted that the condition does not apply to the existing

Requested Amendment

It is requested that the condition be deleted and that
the matter be discussed before the representations are
decided.