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Meeting papers
AGENDA
Planning & Environment
Committee Meeting
Tuesday, 10 October 2023
commencing at 9:30 AM
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tom Wegener (Chair), Karen Finzel, Clare Stewart, Brian Stockwell
“Noosa Shire – different by nature”
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PLANNING & ENVIRONMENT COMMITTEE MEETING 10 OCTOBER 2023
1. ATTENDANCE & APOLOGIES
2. CONFIRMATION OF MINUTES
3. PRESENTATIONS
4. DEPUTATIONS
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE
5.1. ZERO EMISSIONS NOOSA (ZEN) INC. GRANT FUNDING AGREEMENT
MCU22/0051 APPLICATION FOR MATERIAL CHANGE OF USE HARDWARE &
5.2.
TRADE SUPPLIES AT 178 EUMUNDI NOOSA ROAD, NOOSAVILLE
PLANNING & ENVIRONMENT COURT APPEAL NO. D130 OF 2023 –
5.3. APPLICATION TO RECONFIGURE A LOT (1 INTO 2 LOTS) AT 39-41 PICTURE
POINT CRESCENT, NOOSA HEADS
PLANNING & ENVIRONMENT COURT APPEAL NO. D153 OF 2023 –
APPLICATION FOR MATERIAL CHANGE OF USE – RELOCATABLE HOME PARK
5.4.
(COMMUNITY AND AFFORDABLE HOUSING – 32 DWELLINGS) AT 55 AND 70
CARPENTERS RD COOROY
PLANNING & ENVIRONMENT COURT APPEAL NO. D133 OF 2023 –
5.5. APPLICATION FOR BUILDING WORKS FOR A DWELLING HOUSE AT 60
SEAVIEW TCE, SUNSHINE BEACH
6. REPORTS FOR NOTING BY THE COMMITTEE
PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY AUGUST
6.1.
2023
7. CLOSED SESSION
8. MEETING CLOSURE
Page 2 of 68
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PLANNING & ENVIRONMENT COMMITTEE MEETING 10 OCTOBER 2023
5.1 ZERO EMISSIONS NOOSA (ZEN) INC. GRANT FUNDING AGREEMENT
Author Carbon Reduction Officer, Anne Nolan
Environmental Services Department
Index Subject/21.43 - Carbon Emission Reduction - Community ( Zero Emissions
Noosa ) ( ZEN )
Attachments 1. Attachment 1 - ZEN Inc Grant Agreement 25 Sept DRAFT
EXECUTIVE SUMMARY
Zero Emissions Noosa established in 2016, is an incorporated, not-for-profit, community
organisation with the key objective of assisting the Noosa community to achieve net zero emissions
in the Noosa local government area. It is the leading community organisation in this field in Noosa
and the only Noosa community organisation solely dedicated to emissions reduction across the
Noosa Shire. ZEN Inc. is supported by highly professional and dedicated volunteers that undertake
data driven, on ground project, advocacy and education to the wider Noosa Community to reduce
electricity and transport greenhouse gas emissions across the shire. These activities are in line with
Council's Corporate Plan and Climate Change Response Plan.
In its 2023/24 Budget, Council has allocated partnership funding to enable ZEN Inc. to support the
volunteer organisation with some capacity and project support through an employed coordinator.
This role is intended to encompass an array of responsibilities including administrative oversight,
governance support, member recruitment facilitation and assistance in grant application procedures.
This will enable ZEN Inc to focus its effort on project execution, thereby augmenting Noosa's
collective mission to reduce greenhouse gas emissions.
This report provides a concise overview of ZEN Inc.'s noteworthy accomplishments in aiding the
Noosa Shire's reduction of community greenhouse gas emissions, coupled with an overview of the
proposed three-year Partnership Agreement.
RECOMMENDATION
That Council note the report by the Carbon Reduction Project Officer to the Planning & Environment
Committee Meeting dated 10 October 2023 regarding Zero Emissions Noosa (ZEN)Inc and:
A. Authorise the Director Strategy and Environment to execute the Partnership Agreement
2023-2026 provided at Attachment 1 to the Report;
B. Authorise the Director Strategy and Environment to make minor changes to the Partnership
Agreement 2023-2026 prior to execution;
C. Note the annual funding contribution will be determined at annual budget considerations.
REPORT
Background
Zero Emissions Noosa Inc (ZEN Inc), established in 2016, is an incorporated, not-for-profit,
community organisation with the key objective of assisting the Noosa community to achieve net zero
emissions in the Noosa local government area. It is the leading community organisation in this field
in Noosa and the only Noosa community organisation solely dedicated to emissions reduction across
the Noosa Shire. ZEN Inc. seeks to make Noosa Shire a leading local government region in zero
emissions by supporting the community in the transition to net zero emissions through project
leadership, advocacy, and the provision of information to all sections of the Noosa community. ZEN
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PLANNING & ENVIRONMENT COMMITTEE MEETING 10 OCTOBER 2023
Inc is a highly professional community group, with many of its volunteer members providing
professional knowledge and expertise in the area of electricity systems, community batteries, energy
efficiency, data analysis and sustainable transport.
ZEN Inc. has two overall goals:
1. Promoting community actions to achieve net zero emissions
2. To be a sustainable organisation
ZEN Inc is project based, action orientated and data driven. To achieve Goal 1, ZEN Inc has
focussed on the two largest sources of Noosa's community emissions, namely stationary energy
(electricity) and transport. It has successfully implemented numerous projects including Solar for
Strata, Community batteries, Race to Zero and ZENDURO school education, the highly successful
EV Expo, continuing education and data analysis via their website, newsletters, social media and
community forums, continued advocacy for Environmental Upgrade Agreements (EUAs), walking
and cycling initiatives and Electrify Everything. All these projects are in line with Council's Climate
Response Plan. ZEN Inc has been supported in these projects via Council's Climate Change
Response grants and and the EV Expo MOU.
ZEN Inc actively seeks funding for projects from other sources. ZEN Inc was successful in a grant
from the Qld Dept of Environment and Science to develop a Business Plan for a network of batteries
across Noosa Shire. ZEN Inc also received funding for the Seeds of Change Project from Sandy
Bolton MP. ZEN Inc has successfully achieved tax deductible status for donation and actively seeks
out donation opportunities.
Members of ZEN Inc are also active members in Council's Climate Change Response Community
Reference Group and have participated in other Council initiatives such as the Biz to Zero forum.
To achieve its Goal 2 to be a sustainable organisation, ZEN Inc has set four objectives, namely
increased financial sustainability, efficient organisational operations, effective communications and
strong relationships. To date, Council has provided $18,000 per year through the Alliance Grants to
assist ZEN Inc with its administrative costs. This has enabled ZEN Inc to employ a coordinator on a
part time basis for one day per week.
ZEN Inc produces annual reports which are publicly available on their website detailing their projects,
initiatives and financial status. ZEN Inc also develops an annual strategic plan.
In order for ZEN Inc be a sustainable organisation, it requires the assistance of a full time coordinator.
The role of the coordinator is to undertake the administrative duties for the organisation, including
applying for grants, growing the membership and strengthening its internal operations and shoring
up its governance. This will enable volunteers to concentrate of ZEN Inc's strategic projects to
reduce Noosa's community emissions..
ZEN Inc Partnership Agreement
Council recognised the importance and the contribution that ZEN Inc. makes to implementing
Council's Climate Change Response Plan and moving towards net zero emissions for the Shire. As
such in the 2023/24 Council Budget, a new initiative was approved to enter into a three year
partnership funding agreement with ZEN Inc.
The three year Partnership Agreement is provided in Attachment 1. The Agreement between Noosa
Council and Zero Emissions Noosa Inc, covers the following:
• The term of the Agreement
• The funding arrangements and conditions
• Reporting Requirements
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PLANNING & ENVIRONMENT COMMITTEE MEETING 10 OCTOBER 2023
• Intellectual Property
• Obligations of each Party
• Indemnity
• Termination of the Agreement
• Dispute Resolution
• General Provisions
• Insurances
Entering into this three year agreement with ZEN Inc. will provide ongoing financial security to
employ a coordinator to enable the organisation to continue to enhance projects which align with
Council's Climate Response Plan to assist the Noosa community achieve net zero emissions.
Link to Corporate Plan
Theme No. 4. - Future
This theme is focused on our future, strengthening our relationship with First Nations peoples and to
ensure our community is prepared and resilient to change. A focus on youth, climate resilience and
adaptation, sense of place and destination management.
Objective 4.7
Fund and implement the Climate Change Response Plan to support Council, community and the local
economy to build resilience and preparedness for climate risks and to achieve net zero emissions by
2026.
Signature Projects
Advance the Sunshine Coast and Noosa Regional Climate Action Roadmap
Previous Council Consideration
Special Meeting, 20 June 2023, Item 2.6, Council Resolution 1
That pursuant to section 104 of the Local Government Act 2009 and section 170 of the Local
Government Regulation 2012, the budget for the financial year ending 30 June 2024, incorporating
statements of income and expenditure, financial position, cash flow, changes in equity, long-term
financial forecast, revenue statement and revenue policy, and 2023/24 capital program as contained
in the Noosa Council 2023/24 Budget document (provided as Attachment 1 to the Special Meeting
report dated 30 June 2023), be adopted.
Finance
In its 2022 Annual Report, ZEN Inc volunteers donated 79,00 hours of in-kind time, to a total value
of $350,000 (based on a minimum $44/hour).
Funding for the ZEN Inc Three Year Partnership Agreement is provided within Council's Operational
Budget and will be reviewed on an annual basis in line with Council's budgetary cycle.
Risk & Opportunities
Risks
The risks to Council of entering into this three year partnership agreement are low. ZEN Inc. has an
established track record of completing projects on time and on budget. The projects undertaken by
ZEN Inc. align with Council's Corporate Plan and the Climate Change Response Plan and
Environment Strategy.
Opportunities
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PLANNING & ENVIRONMENT COMMITTEE MEETING 10 OCTOBER 2023
Entering into a three year partnership with ZEN Inc. provides Council with considerable opportunities
for engagement with the Noosa Community to reduce emissions and enhance its resilience through
the continued valuable contribution of ZEN Inc.'s growing volunteer base. Providing financial security
to ZEN Inc. will enhance its ability to obtain funding sources, and provide a significant multiplier effect
to Council's investment.
Consultation
External Consultation - Community & Stakeholder
Zero Emissions Noosa Inc provided feedback which has been incorporated in the draft Partnership
Agreement (Attachment 1)
Internal Consultation
Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director X Director
Chief Executive Officer Community Development Financial Services
Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Governance Customer Experience Procurement
Commercial Property
Strategy & Environment Development & Regulation Infrastructure Services
X Director Director Director
X Strategic Land Use Planning Development Assessment Infrastructure Planning,
Design and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health Waste
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
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Page 7
ATTACHMENT 1 – ZEN INC GRANT AGREEMENT DRAFT
Partnership Agreement 2023 - 2026
Between
NOOSA SHIRE COUNCIL
ASN 97 969 214121
And
ZERO EMISSIONS NOOSA INC.
ABN 74 862 487 515
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Page 8
Partnership Agreement
BETWEEN
Noosa Shire Council (Council)
AND
Zero Emissions Inc (ZEN Inc.)
1. TERM
a) This three-year term of this Agreement commences on 26 October 2023, with an ini�al
funding amount of $65,000 allocated as per the 2023/24 Council budget, and con�nues un�l
30th June 2026, or at such �me as either party resolves to terminate the Agreement.
b) Prior to the end of the term of this Agreement, the par�es may consider extending the
agreement for a further term, or entering into a new Agreement, subject to agreement by
both par�es in wri�ng.
2. PROGRAM
The Noosa Council Corporate Plan 2023 – 2028 outlines the mission, goals and objec�ves for Noosa
over the next five years. A key objec�ve of the Corporate Plan is to “fund and implement the Climate
Change Response Plan to support Council, community and the local economy to build resilience and
preparedness for climate risks and to achieve net zero emissions by 2026”. The Corporate Plan
recognizes Noosa Council as a “funder” in that it provides funding to other organisa�ons/service
providers to deliver programs projects and services.
Zero Emissions Noosa Inc (ZEN Inc.), established in 2016, is an incorporated, not-for-profit,
community organisa�on with the key objec�ve of assis�ng the Noosa community to achieve net zero
emissions in the Noosa local government area. It is the leading community organisa�on in this field
in Noosa and the only Noosa community organisa�on solely dedicated to emissions reduc�on across
the Noosa Shire. ZEN Inc. seeks to make Noosa Shire a leading local government region in zero
emissions by suppor�ng the community in the transi�on to net zero emissions through project
leadership, advocacy, and the provision of informa�on to all sec�ons of the Noosa community.
For the purposes of this Agreement, Council will:
i. Work coopera�vely with ZEN Inc. on ac�vi�es and projects that align with the Climate
Change Response Plan and that will assist Noosa Council to implement this Plan and work
towards net zero emissions for the Noosa Shire
ii. Provide access, as determined by Council ac�ng reasonably, to staff resources, exper�se and
data to support progress of projects and community engagement.
Partnership Agreement between Noosa Council and ZEN Inc Inc 2023 – 2026 Page 1 of 14
Page 8 of 68
Partnership Agreement
BETWEEN
Noosa Shire Council (Council)
AND
Zero Emissions Inc (ZEN Inc.)
1. TERM
a) This three-year term of this Agreement commences on 26 October 2023, with an initial
funding amount of $65,000 allocated as per the 2023/24 Council budget, and continues until
30th June 2026, or at such time as either party resolves to terminate the Agreement.
b) Prior to the end of the term of this Agreement, the parties may consider extending the
agreement for a further term, or entering into a new Agreement, subject to agreement by
both parties in writing.
2. PROGRAM
The Noosa Council Corporate Plan 2023 — 2028 outlines the mission, goals and objectives for Noosa
over the next five years. A key objective of the Corporate Plan is to “fund and implement the Climate
Change Response Plan to support Council, community and the local economy to build resilience and
preparedness for climate risks and to achieve net zero emissions by 2026”. The Corporate Plan
recognizes Noosa Council as a “funder” in that it provides funding to other organisations/service
providers to deliver programs projects and services.
Zero Emissions Noosa Inc (ZEN Inc.), established in 2016, is an incorporated, not-for-profit,
community organisation with the key objective of assisting the Noosa community to achieve net zero
emissions in the Noosa local government area. It is the leading community organisation in this field
in Noosa and the only Noosa community organisation solely dedicated to emissions reduction across
the Noosa Shire. ZEN Inc. seeks to make Noosa Shire a leading local government region in zero
emissions by supporting the community in the transition to net zero emissions through project
leadership, advocacy, and the provision of information to all sections of the Noosa community.
For the purposes of this Agreement, Council will:
i. Work cooperatively with ZEN Inc. on activities and projects that align with the Climate
Change Response Plan and that will assist Noosa Council to implement this Plan and work
towards net zero emissions for the Noosa Shire
ii. Provide access, as determined by Council acting reasonably, to staff resources, expertise and
data to support progress of projects and community engagement.
Partnership Agreement between Noosa Council and ZEN Inc Inc 2023 — 2026 Page 1 of 14
Page 8 of 68Page 9
In accordance with its Strategic Plan, ZEN Inc. will :
I. Fund the majority of its projects through grants, dona�ons and diversified funding
sources
II. Work coopera�vely with Council and community in the iden�fica�on and
development of its ac�vi�es and projects to assist with implemen�ng the Climate
Change Response Plan and achieve net zero emissions for the Noosa Shire.
3. FUNDING OPERATIONAL EXPENSES
a) ZEN Inc. must, by no later than the end of February in each financial year, provide Council
with details of its Funding requirements for Opera�onal Expenses for the next financial year.
Council will consider the informa�on provided by ZEN Inc. as part of its annual budget
process.
b) ZEN Inc. must, by no later than the end of February in a financial year, also provide to Council
a Proposed Opera�onal Plan together with such informa�on as may be reasonably required
by Council so that Council may assess the Funding request including but not limited to, the
current ZEN Inc. Strategic plan, itemised dra� budget and current financial balance sheet.
c) Discussions between ZEN Inc. and Council about Funding will take into account each of the
following:
I. Any ongoing commitments as provided for in clause 5.2 of this Agreement; and
II. Council's annual budget process and overall funding constraints.
d) The amount of any Council contribu�on towards the Opera�onal Expenses for the financial
year will be determined by Council as part of its annual budget process and will, in any event
be subject to Clause 6 – Funding Condi�ons.
e) Payments are subject to GST where applicable having regard to the type of transac�on under
Australian Taxa�on legisla�on.
4. FUNDING PROJECTS
a) As far as is possible ZEN Inc. will fund the majority of its projects through grants, dona�ons
and sponsorships and in-kind contribu�ons from third par�es, including its project partners.
b) In addi�on to seeking third party funding ZEN Inc. may also choose to apply for relevant
grants under Council’s Grant Programs. These will be assessed against other applica�ons
received and the total amount allocated to the relevant grants program.
c) In addi�on to funding the Opera�onal Expenses of ZEN Inc. under clause 3,Council
may request ZEN Inc. to provide services on a commercial basis,
e.g undertake/facilitate studies or projects relevant to Council's role in the implementa�on
of the Climate Change Response Plan.
.
5. PAYMENTS
5.1. How payments are to be made
a) Council shall pay the Funding to ZEN Inc. by electronic transfer to a bank account (or
accounts) as no�fied in wri�ng to Council by ZEN Inc, with such bank accounts being In the
name of ZEN Inc. and such accounts being solely under the control of ZEN Inc.
Partnership Agreement between Noosa Council and ZEN Inc Inc 2023 – 2026 Page 2 of 14
Page 9 of 68
In accordance with its Strategic Plan, ZEN Inc. will :
I. Fund the majority of its projects through grants, donations and diversified funding
sources
ll. Work cooperatively with Council and community in the identification and
development of its activities and projects to assist with implementing the Climate
Change Response Plan and achieve net zero emissions for the Noosa Shire.
3. FUNDING OPERATIONAL EXPENSES
a) ZEN Inc. must, by no later than the end of February in each financial year, provide Council
with details of its Funding requirements for Operational Expenses for the next financial year.
Council will consider the information provided by ZEN Inc. as part of its annual budget
process.
b) ZEN Inc. must, by no later than the end of February in a financial year, also provide to Council
a Proposed Operational Plan together with such information as may be reasonably required
by Council so that Council may assess the Funding request including but not limited to, the
current ZEN Inc. Strategic plan, itemised draft budget and current financial balance sheet.
c) Discussions between ZEN Inc. and Council about Funding will take into account each of the
following:
|. Any ongoing commitments as provided for in clause 5.2 of this Agreement; and
Il. | Council's annual budget process and overall funding constraints.
d) The amount of any Council contribution towards the Operational Expenses for the financial
year will be determined by Council as part of its annual budget process and will, in any event
be subject to Clause 6 — Funding Conditions.
e) Payments are subject to GST where applicable having regard to the type of transaction under
Australian Taxation legislation.
4, FUNDING PROJECTS
a) As far as is possible ZEN Inc. will fund the majority of its projects through grants, donations
and sponsorships and in-kind contributions from third parties, including its project partners.
b) In addition to seeking third party funding ZEN Inc. may also choose to apply for relevant
grants under Council’s Grant Programs. These will be assessed against other applications
received and the total amount allocated to the relevant grants program.
c) In addition to funding the Operational Expenses of ZEN Inc. under clause 3,Council
may request ZEN Inc. to provide services on a commercial basis,
e.g undertake/facilitate studies or projects relevant to Council's role in the implementation
of the Climate Change Response Plan.
5. PAYMENTS
5.1. How payments are to be made
a) Council shall pay the Funding to ZEN Inc. by electronic transfer to a bank account (or
accounts) as notified in writing to Council by ZEN Inc, with such bank accounts being In the
name of ZEN Inc. and such accounts being solely under the control of ZEN Inc.
Partnership Agreement between Noosa Council and ZEN Inc Inc 2023 — 2026 Page 2 of 14
Page 9 of 68Page 10
b) Payments for contribu�on to Opera�onal Expenses for 2023/24 will be upon a receipt of a
valid tax invoice(s) from ZEN Inc.
5.2. Extended financial commitments
Before ZEN Inc. commits to any purchase, contract, undertaking or ac�vity that has financial
commitments beyond the period of approved Funding and for which purchase, contract, undertaking
or ac�vity ZEN Inc. will require Council Funding, ZEN Inc. must apply for and obtain approval from
Council prior to ZEN In. making the commitment.
5.3. Right to suspend funding
Without limi�ng the Council's rights, if a�er reques�ng ZEN Inc. to show cause, Council is sa�sfied:
a) ZEN Inc. does not have the capacity to manage the Funding; or
b) ZEN Inc. does not have the capacity to perform the program in line with its Strategic or
Opera�onal Plan; or
c) Council is unable to provide the Funding due to any legal impediment, then the Council may
at its sole discre�on:
I. Suspend payment of the Funding or an instalment of the Funding (whether or in
whole or in part) of the ZEN Inc. program.
6. FUNDING CONDITIONS
In return for receiving Funding from Council, ZEN Inc. must undertake appropriate planning, maintain
appropriate processes and procedures and undertake performance repor�ng including:
6.1 General requirements
a) Develop and regularly review a strategic plan outlining the goals and objec�ves for ZEN Inc.
so that its purpose and objec�ves will be achieved.
b) Develop an annual Opera�onal Plan se�ng out the priority ac�ons for the next financial year
in order to achieve the goals and objec�ves of the strategic plan.
c) Ensure the Funding is directed to the purposes for which it is assigned by Council.
d) Ensure ZEN Inc. obtain approvals to do work or conduct other ac�vi�es on Council owned or
managed lands or as required under State or Federal legisla�on prior to work or the ac�vity
commencing.
e) Provide recognition of Council Funding support in written material, advertising, media,
signage and reporting documents in relation to projects that Council has provided specific
project related funding to ZEN Inc. as well as in relation to broader program publicity where
appropriate.
.
6.2 Performance repor�ng
ZEN Inc. must monitor the ZEN Inc. ac�vi�es and submit writen reports to meet Council’s acquital
requirements, including but not limited to:
a) Provide an annual report against u�lisa�on of the Funding towards the ZEN Inc Opera�onal
Plan for the financial year or alterna�vely. as otherwise required by Council. The report is to
be prepared by February to help inform the proceeding budget process and should include:
• Projects and their current status;
Partnership Agreement between Noosa Council and ZEN Inc Inc 2023 – 2026 Page 3 of 14
Page 10 of 68
b) Payments for contribution to Operational Expenses for 2023/24 will be upon a receipt of a
valid tax invoice(s) from ZEN Inc.
5.2. Extended financial commitments
Before ZEN Inc. commits to any purchase, contract, undertaking or activity that has financial
commitments beyond the period of approved Funding and for which purchase, contract, undertaking
or activity ZEN Inc. will require Council Funding, ZEN Inc. must apply for and obtain approval from
Council prior to ZEN In. making the commitment.
5.3. Right to suspend funding
Without limiting the Council's rights, if after requesting ZEN Inc. to show cause, Council is satisfied:
a) ZEN Inc. does not have the capacity to manage the Funding; or
b) ZEN Inc. does not have the capacity to perform the program in line with its Strategic or
Operational Plan; or
c) Council is unable to provide the Funding due to any legal impediment, then the Council may
at its sole discretion:
I. Suspend payment of the Funding or an instalment of the Funding (whether or in
whole or in part) of the ZEN Inc. program.
6. FUNDING CONDITIONS
In return for receiving Funding from Council, ZEN Inc. must undertake appropriate planning, maintain
appropriate processes and procedures and undertake performance reporting including:
6.1 General requirements
a) Develop and regularly review a strategic plan outlining the goals and objectives for ZEN Inc.
so that its purpose and objectives will be achieved.
b) Develop an annual Operational Plan setting out the priority actions for the next financial year
in order to achieve the goals and objectives of the strategic plan.
c) Ensure the Funding is directed to the purposes for which it is assigned by Council.
d) Ensure ZEN Inc. obtain approvals to do work or conduct other activities on Council owned or
managed lands or as required under State or Federal legislation prior to work or the activity
commencing.
e) Provide recognition of Council Funding support in written material, advertising, media,
signage and reporting documents in relation to projects that Council has provided specific
project related funding to ZEN Inc. as well as in relation to broader program publicity where
appropriate.
6.2 Performance reporting
ZEN Inc. must monitor the ZEN Inc. activities and submit written reports to meet Council’s acquittal
requirements, including but not limited to:
a) Provide an annual report against utilisation of the Funding towards the ZEN Inc Operational
Plan for the financial year or alternatively. as otherwise required by Council. The report is to
be prepared by February to help inform the proceeding budget process and should include:
° Projects and their current status;
Partnership Agreement between Noosa Council and ZEN Inc Inc 2023 — 2026 Page 3 of 14
Page 10 of 68Page 11
• Leveraging achieved from Council Funding to ZEN Inc. calculated as total value of Funded
projects compared with Council approved project Funding;
• Growth in dona�ons {deduc�ble gi� recipient);
• Percentage of projects completed within target �meframes;
• Range of methods of communica�on u�lised and es�mated audience reach; and
• Other relevant informa�on.
b) Provide an audited financial report for the financial year and submit it to Council no later
than February each year, in line with ZEN Inc.’s current repor�ng period for the preceding
year. The audited financial report is to iden�fy the use of the Funding provided by Council for
the ZEN Inc. ac�vi�es. ZEN Inc. must maintain financial records in accordance with legisla�ve
requirements that iden�fy receipt and expenditure of the Funding for ZEN Inc. so that at all
�mes funding for the ZEN Inc. program is iden�fiable and ascertainable.
c) If required by Council, provide ad-hoc reports within 30 days of such request, or lesser
period se�ng out:
I. Any significant developments in or concerning the ZEN Inc. ac�vi�es and
II. Any significant delays or difficul�es encountered in performing the ZEN Inc. program in
accordance with this Agreement.
d) ZEN Inc. must permit the Council or its agent or representa�ve to have access to ZEN Inc.’s
records rela�ng to funding provided by Council and must cooperate with any audit or
informa�on request carried out or requested by Council.
e) For avoidance of doubt, the above paragraphs survive the expira�on or earlier termina�on of
this Agreement, except for paragraph c.
7 MANAGEMENT OF COUNCIL FUNDING
7 .1 Use of funding
a) ZEN Inc. must only expend the Funding:
I. For undertaking the ZEN Inc. ac�vi�es and purposes that are necessarily related to the
program, for which the funding was provided; and
II. Otherwise in accordance with the terms and condi�ons of this Agreement
b) ZEN Inc. must not use the Funding, any interest acquired from the Funds, any assets or the
existence of this Agreement as any form of security for any purpose, unless Council has given
its prior writen approval.
7.2 Repayment of funding
a) If ZEN Inc. fails to remedy a failure to comply with this Agreement in a substan�al respect within
30 days , or such longer period as the Council s�pulates a�er receiving no�ce requiring it to do
so, ZEN Inc. is liable, on demand from Council to repay to the Council the whole of the unspent
Funding provided for ZEN Inc. (or the amount of Funding paid as the case may be).
b) If ZEN Inc. fails to fulfil a term of this Agreement, or part of it, on the ZEN Inc. ac�vi�es, ZEN Inc.
is, subject to paragraph d) of this clause liable to repay to the Council the amount of unspent
money and the Council may recover that money from ZEN Inc. as a debt due to the Council.
c) If ZEN Inc. fails to spend the Funding, or part of it, on the ZEN Inc. ac�vi�es, ZEN Inc. is, subject
to paragraph d) of this clause, liable to repay to the Council the amount of unspent money and
the Council may recover that money from ZEN Inc. as a debt due to the Council.
d) If, at the end of the term of this Agreement, some of the Funding has not been spent or
commited to legi�mate con�ngency and reserves, that amount must be repaid to the Council
Partnership Agreement between Noosa Council and ZEN Inc Inc 2023 – 2026 Page 4 of 14
Page 11 of 68
° Leveraging achieved from Council Funding to ZEN Inc. calculated as total value of Funded
projects compared with Council approved project Funding;
° Growth in donations {deductible gift recipient);
° Percentage of projects completed within target timeframes;
° Range of methods of communication utilised and estimated audience reach; and
° Other relevant information.
b) Provide an audited financial report for the financial year and submit it to Council no later
than February each year, in line with ZEN Inc.’s current reporting period for the preceding
year. The audited financial report is to identify the use of the Funding provided by Council for
the ZEN Inc. activities. ZEN Inc. must maintain financial records in accordance with legislative
requirements that identify receipt and expenditure of the Funding for ZEN Inc. so that at all
times funding for the ZEN Inc. program is identifiable and ascertainable.
c) If required by Council, provide ad-hoc reports within 30 days of such request, or lesser
period setting out:
|. Any significant developments in or concerning the ZEN Inc. activities and
Il. | Any significant delays or difficulties encountered in performing the ZEN Inc. program in
accordance with this Agreement.
d) ZEN Inc. must permit the Council or its agent or representative to have access to ZEN Inc.’s
records relating to funding provided by Council and must cooperate with any audit or
information request carried out or requested by Council.
e) For avoidance of doubt, the above paragraphs survive the expiration or earlier termination of
this Agreement, except for paragraph c.
7 MANAGEMENT OF COUNCIL FUNDING
7 .1 Use of funding
a) ZEN Inc. must only expend the Funding:
|. For undertaking the ZEN Inc. activities and purposes that are necessarily related to the
program, for which the funding was provided; and
Il. Otherwise in accordance with the terms and conditions of this Agreement
b) ZEN Inc. must not use the Funding, any interest acquired from the Funds, any assets or the
existence of this Agreement as any form of security for any purpose, unless Council has given
its prior written approval.
7.2 Repayment of funding
a) If ZEN Inc. fails to remedy a failure to comply with this Agreement in a substantial respect within
30 days , or such longer period as the Council stipulates after receiving notice requiring it to do
so, ZEN Inc. is liable, on demand from Council to repay to the Council the whole of the unspent
Funding provided for ZEN Inc. (or the amount of Funding paid as the case may be).
b) If ZEN Inc. fails to fulfil a term of this Agreement, or part of it, on the ZEN Inc. activities, ZEN Inc.
is, subject to paragraph d) of this clause liable to repay to the Council the amount of unspent
money and the Council may recover that money from ZEN Inc. as a debt due to the Council.
c) If ZEN Inc. fails to spend the Funding, or part of it, on the ZEN Inc. activities, ZEN Inc. is, subject
to paragraph d) of this clause, liable to repay to the Council the amount of unspent money and
the Council may recover that money from ZEN Inc. as a debt due to the Council.
d) If, at the end of the term of this Agreement, some of the Funding has not been spent or
committed to legitimate contingency and reserves, that amount must be repaid to the Council
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(and the amount may be recovered as debt due to the Council) unless the Council provides
writen permission for all, or some of the amount to be spent in some other manner that Council
directs.
8 INTELLECTUAL PROPERTY
8.1 Intellectual property in council material
a) The Council will retain ownership of all Council Material, including Intellectual Property in
that Council Material but grants ZEN Inc. a royalty-free world wide, non-exclusive licence
(including a right of sub-licence to a third party), to use, reproduce, adapt the Council
Material on the condi�on that this licence is only granted for the purposes of this
Agreement.
b) The above men�oned licence may be terminated by the Council immediately upon writen
no�ce on the occurrence of any of the following events:
I. ZEN Inc. becomes insolvent, subject to administra�on, unable to meet its debts or ZEN
Inc. decides to windup the organisa�on itself for any reason whatsoever; or
II. The Council forms the reasonable view that ZEN Inc. is insolvent; or
III. The Council forms the reasonable view that ZEN Inc. is in breach of any provision of its
own cons�tu�on or any provision of this Agreement where that breach is not in the
opinion of the Council, capable of remedy.
c) The Council may also terminate the above men�oned licence on the occurrence of any of the
following events:
a) The Council forms the reasonable view that the ZEN Inc. is in breach of any provision
of its own cons�tu�on or any provision of this Agreement where that breach, capable
of remedy, and ZEN Inc. fails to remedy that breach within thirty (30) days, or such
longer period as Council s�pulates, a�er receiving no�ce from the Council requiring it
to do so.
d) Council may, pursuant to the above licence, authorise the use of any Council Logo by ZEN Inc.
in such manner and subject to such Condi�ons as the Council deems appropriate in its
absolute discre�on subject to it retaining full ownership of the Council Logo. ZEN Inc. agrees
that any Council Logo will only be used for a project where Council is working with ZEN Inc.
on that project or funding the project or in rela�on to broader program or project publicity
that aligns with the Climate Change Response Plan.
e) Upon the conclusion of the term of this Agreement or an earlier termina�on of this
Agreement ZEN Inc., will not retain any Council Material remaining in ZEN Inc.'s possession
and will immediately return all physical expression of the Council Material to the Council and
will destroy any electronic copies thereof. unless the Council no�fies ZEN Inc. otherwise in
wri�ng.
f) ZEN Inc. agrees to keep safely Council Material provided to ZEN Inc. for the purposes of this
Agreement and to abide by any obliga�ons of privacy and confiden�ality to which Council
may be bound in law.
g) Any adapta�ons, varia�ons or extensions made to the Council Material during the term of
the above men�oned licence, or any sub-licence shall become, upon its crea�on, the
property (including intellectual Property) of the Council.
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(and the amount may be recovered as debt due to the Council) unless the Council provides
written permission for all, or some of the amount to be spent in some other manner that Council
directs.
8 INTELLECTUAL PROPERTY
8.1 Intellectual property in council material
a) The Council will retain ownership of all Council Material, including Intellectual Property in
that Council Material but grants ZEN Inc. a royalty-free world wide, non-exclusive licence
(including a right of sub-licence to a third party), to use, reproduce, adapt the Council
Material on the condition that this licence is only granted for the purposes of this
Agreement.
b) The above mentioned licence may be terminated by the Council immediately upon written
notice on the occurrence of any of the following events:
I. ZEN Inc. becomes insolvent, subject to administration, unable to meet its debts or ZEN
Inc. decides to windup the organisation itself for any reason whatsoever; or
ll. The Council forms the reasonable view that ZEN Inc. is insolvent; or
i. The Council forms the reasonable view that ZEN Inc. is in breach of any provision of its
own constitution or any provision of this Agreement where that breach is not in the
opinion of the Council, capable of remedy.
c) The Council may also terminate the above mentioned licence on the occurrence of any of the
following events:
a) The Council forms the reasonable view that the ZEN Inc. is in breach of any provision
of its own constitution or any provision of this Agreement where that breach, capable
of remedy, and ZEN Inc. fails to remedy that breach within thirty (30) days, or such
longer period as Council stipulates, after receiving notice from the Council requiring it
to do so.
d) Council may, pursuant to the above licence, authorise the use of any Council Logo by ZEN Inc.
in such manner and subject to such Conditions as the Council deems appropriate in its
absolute discretion subject to it retaining full ownership of the Council Logo. ZEN Inc. agrees
that any Council Logo will only be used for a project where Council is working with ZEN Inc.
on that project or funding the project or in relation to broader program or project publicity
that aligns with the Climate Change Response Plan.
e) Upon the conclusion of the term of this Agreement or an earlier termination of this
Agreement ZEN Inc., will not retain any Council Material remaining in ZEN Inc.'s possession
and will immediately return all physical expression of the Council Material to the Council and
will destroy any electronic copies thereof. unless the Council notifies ZEN Inc. otherwise in
writing.
f) ZEN Inc. agrees to keep safely Council Material provided to ZEN Inc. for the purposes of this
Agreement and to abide by any obligations of privacy and confidentiality to which Council
may be bound in law.
g) Any adaptations, variations or extensions made to the Council Material during the term of
the above mentioned licence, or any sub-licence shall become, upon its creation, the
property (including intellectual Property) of the Council.
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8.2. Obliga�ons on ZEN Inc.
a) ZEN Inc. will immediately do all such things, take such reasonable steps, execute any
documents and follow such reasonable direc�ons as the Council from �me to �me
reasonably requests in order to protect, record or preserve the Intellectual Property in the
Council Material and this will include, but is not limited to, including such condi�ons,
limita�ons or restric�ons in any sub licences granted by NBRF pursuant to this Agreement
that the Council deems reasonably necessary to perfect, record or preserve the Intellectual
Property in the Council Material.
b) The Council shall have the right to take ac�on against any third par�es to prosecute or
defend legal proceedings including proceedings for an infringement of the Intellectual
Property in the Council Material. If ZEN Inc. becomes aware of any infringement or
suspected infringement it will promptly inform the Council and will provide all reasonable
assistance (excluding financial contribu�on to such proceedings) in any legal proceedings for
the defence or prosecu�on of the Intellectual Property.
c) Unless otherwise expressly exempted in wri�ng by the Council, ZEN Inc. will not grant a third
party sub-licence with a fixed term of greater than 3 years but may grant an op�on or
op�ons to extend that term subject to the provisions of clause 8.2 f)iii.
d) ZEN Inc. hereby acknowledges that the Council Material is the Intellectual Property of the
Council and shall act only in good faith when dealing with the Council Material in order to
best preserve the Council's Intellectual Property.
e) ZEN Inc. agrees that it will procure every sub-licence of the Council Material that it grants
pursuant to the Agreement, unless it has received an express writen exemp�on from the
Council to do otherwise, to include in those sub-licences the following:
I. An acknowledgement that the Intellectual Property in the Council Material is owned
by the Council and that the sub-licensing of the Council Material is provided with the
consent of the Council according to this Agreement;
II. Any licence granted by ZEN Inc. which grants the third party sub-licensee an op�on or
op�ons to extend the term of the sub-licence must be stated to be unenforceable and
invalid if the Council's licence of its Intellectual Property in the Council Material to ZEN
Inc. has been terminated for any reason prior to the proper exercise of that op�on by
the third party sub- licensee; and
III. Any other condi�on, limita�on or restric�on on the third party sub-licensee that the
Council deems reasonably necessary to include in such a sub-licence to perfect,
restore or preserve its Intellectual Property in the Council Material.
f) In order to ensure the applica�on of the above provisions ZEN Inc. will provide to the Council
copies of any proposed sub-licenses to third par�es granted pursuant to this Agreement in
advance of execu�on for the Council's approval. unless the Council expressly advises in
wri�ng otherwise.
8.3 Intellectual property in ZEN Inc. facilitated projects
Ownership of intellectual property from ZEN Inc. facilitated projects will be nego�ated on a project
by project basis and, merely by way of example, as follows:
a) Prior IP brought to a project by a project partner will remain the property of that partner.
b) Ownership of commercialisable IP (i.e.. patents etc) will be shared between partners
according to the financial contribu�on (cash and in-kind) to the project by each partner.
c) Ownership of non-commercialisable IP will be shared as per part(b) but with each partner
having the right to reproduce, communicate, adapt, extend, and u�lize that IP.
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8.2. Obligations on ZEN Inc.
a) ZEN Inc. will immediately do all such things, take such reasonable steps, execute any
documents and follow such reasonable directions as the Council from time to time
reasonably requests in order to protect, record or preserve the Intellectual Property in the
Council Material and this will include, but is not limited to, including such conditions,
limitations or restrictions in any sub licences granted by NBRF pursuant to this Agreement
that the Council deems reasonably necessary to perfect, record or preserve the Intellectual
Property in the Council Material.
b) The Council shall have the right to take action against any third parties to prosecute or
defend legal proceedings including proceedings for an infringement of the Intellectual
Property in the Council Material. If ZEN Inc. becomes aware of any infringement or
suspected infringement it will promptly inform the Council and will provide all reasonable
assistance (excluding financial contribution to such proceedings) in any legal proceedings for
the defence or prosecution of the Intellectual Property.
c) Unless otherwise expressly exempted in writing by the Council, ZEN Inc. will not grant a third
party sub-licence with a fixed term of greater than 3 years but may grant an option or
options to extend that term subject to the provisions of clause 8.2 fiii.
d) ZEN Inc. hereby acknowledges that the Council Material is the Intellectual Property of the
Council and shall act only in good faith when dealing with the Council Material in order to
best preserve the Council's Intellectual Property.
e) ZEN Inc. agrees that it will procure every sub-licence of the Council Material that it grants
pursuant to the Agreement, unless it has received an express written exemption from the
Council to do otherwise, to include in those sub-licences the following:
I. An acknowledgement that the Intellectual Property in the Council Material is owned
by the Council and that the sub-licensing of the Council Material is provided with the
consent of the Council according to this Agreement;
I. Any licence granted by ZEN Inc. which grants the third party sub-licensee an option or
options to extend the term of the sub-licence must be stated to be unenforceable and
invalid if the Council's licence of its Intellectual Property in the Council Material to ZEN
Inc. has been terminated for any reason prior to the proper exercise of that option by
the third party sub- licensee; and
i. Any other condition, limitation or restriction on the third party sub-licensee that the
Council deems reasonably necessary to include in such a sub-licence to perfect,
restore or preserve its Intellectual Property in the Council Material.
f) In order to ensure the application of the above provisions ZEN Inc. will provide to the Council
copies of any proposed sub-licenses to third parties granted pursuant to this Agreement in
advance of execution for the Council's approval. unless the Council expressly advises in
writing otherwise.
8.3 Intellectual property in ZEN Inc. facilitated projects
Ownership of intellectual property from ZEN Inc. facilitated projects will be negotiated on a project
by project basis and, merely by way of example, as follows:
a) Prior IP brought to a project by a project partner will remain the property of that partner.
b) Ownership of commercialisable IP (i.e.. patents etc) will be shared between partners
according to the financial contribution (cash and in-kind) to the project by each partner.
c) Ownership of non-commercialisable IP will be shared as per part(b) but with each partner
having the right to reproduce, communicate, adapt, extend, and utilize that IP.
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d) Copyright over any published work vests with the author of that work and can be u�lized
under fair dealing provisions.
e) Use of images, artwork and mul�ple reproduc�on of part or all of any published work is
subject to the permission of the copyright holder.
8.4 Dealing with intellectual property
ZEN Inc. warrants that it is en�tled, or will be en�tled at the relevant �me, to deal with the
Intellectual Property in both the Council Material and the ZEN Inc. Program Material in accordance
with this clause 8.
8.5 Consent to specified acts
ZEN Inc. agrees:
a) To obtain from each author of any ZEN Inc. Program Material a writen consent to the
Specified Acts (whether occurring before or a�er the consent is given) which extends
directly or indirectly to the performance of the Specified Acts by the Council or any person
claiming under or through the Council;
b) To obtain from each author of any ZEN Inc. Program Material a writen consent to the
Specified Acts (whether occurring before or a�er the consent is given} which extends
directly or indirectly for the Council's benefit in rela�on to the Council’s licensed use of
such material: and
c) Upon request to provide the executed original of each such consent to the Council.
9 INDEMNITY
9.1 General indemnity
ZEN Inc. indemnifies (and agrees to keep indemnified} the Council against any:
a) Cost or liability incurred by the Council;
b) Loss of or damage to property of the Council; or
c) Loss or expense incurred by the Council in dealing with any claim against it, including legal
costs and expenses on a solicitor/own client basis and the cost of �me spent, resources used,
or disbursements paid by the Council;
Arising from:
d) Any act or omission by ZEN Inc. or ZEN Inc.'s officers, agents, employees, contractors or
advisers (whether voluntary or paid) where there was fault on the part of the person
whose conduct gave rise to that cost, costs, liability, loss, damage or expense;
e) Any breach by ZEN Inc. of this Agreement; or
f) The use by Council of the material created for the purpose of this Agreement, including
any claims by third par�es about the ownership or right to use intellectual property or
Moral Rights.
9.2 Reduc�on of scope
ZEN Inc.’s liability to indemnify the Council under this clause will be reduced propor�onally to the
extent that any act or omission involving fault on the part of the Council contributed to the relevant
cost, liability, loss, damage or expense.
9.3 Preserva�on of other rights
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d) Copyright over any published work vests with the author of that work and can be utilized
under fair dealing provisions.
e) Use of images, artwork and multiple reproduction of part or all of any published work is
subject to the permission of the copyright holder.
8.4 Dealing with intellectual property
ZEN Inc. warrants that it is entitled, or will be entitled at the relevant time, to deal with the
Intellectual Property in both the Council Material and the ZEN Inc. Program Material in accordance
with this clause 8.
8.5 Consent to specified acts
ZEN Inc. agrees:
a) To obtain from each author of any ZEN Inc. Program Material a written consent to the
Specified Acts (whether occurring before or after the consent is given) which extends
directly or indirectly to the performance of the Specified Acts by the Council or any person
claiming under or through the Council;
b) To obtain from each author of any ZEN Inc. Program Material a written consent to the
Specified Acts (whether occurring before or after the consent is given} which extends
directly or indirectly for the Council's benefit in relation to the Council’s licensed use of
such material: and
c) Upon request to provide the executed original of each such consent to the Council.
9 INDEMNITY
9.1 General indemnity
ZEN Inc. indemnifies (and agrees to keep indemnified} the Council against any:
a) Cost or liability incurred by the Council;
b) Loss of or damage to property of the Council; or
c) Loss or expense incurred by the Council in dealing with any claim against it, including legal
costs and expenses on a solicitor/own client basis and the cost of time spent, resources used,
or disbursements paid by the Council;
Arising from:
d) Any act or omission by ZEN Inc. or ZEN Inc.'s officers, agents, employees, contractors or
advisers (whether voluntary or paid) where there was fault on the part of the person
whose conduct gave rise to that cost, costs, liability, loss, damage or expense;
e) Any breach by ZEN Inc. of this Agreement; or
f) The use by Council of the material created for the purpose of this Agreement, including
any claims by third parties about the ownership or right to use intellectual property or
Moral Rights.
9.2 Reduction of scope
ZEN Inc.’s liability to indemnify the Council under this clause will be reduced proportionally to the
extent that any act or omission involving fault on the part of the Council contributed to the relevant
cost, liability, loss, damage or expense.
9.3 Preservation of other rights
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The right of the Council to be Indemnified under this clause is in addi�on to, and not exclusive of, any
other right power or remedy provided by law, but the Council is not en�tled to be compensated in
excess of the amount of the relevant cost, liability, loss, damage or expense.
10 TERMINATION FOR FAULT
10.1 Right to terminate for default
In addi�on to the right to terminate provided for elsewhere in this Agreement the Council may
terminate this Agreement with immediate effect by giving no�ce to ZEN Inc. if:
a) ZEN Inc. breaches any provision of this Agreement and fails to remedy the breach within 30
days, or such longer period as Council s�pulates, a�er receiving no�ce requiring it to do so;
b) ZEN Inc. breaches a material provision of this Agreement and that breach is not, in the
opinion of the Council, capable of remedy;
c) ZEN Inc. no�fies the Council that the ZEN Inc. ac�vi�es are not to proceed; or
d) ZEN Inc. becomes insolvent , subject to administra�on, unable to meet its debts, or decides
to windup itself.
10.2 Obliga�on upon termina�on
On receipt of a no�ce of termina�on or reduc�on of the Funding, ZEN Inc. must:
a) Stop or reduce the performance of ZEN Inc. obliga�ons related to the Funding as specified
in the no�ce;
b) Take all available steps to minimise loss resul�ng from the termina�on or reduc�on;
c) Con�nue work on any part of the ZEN Inc. program not affected by the no�ce; and
d) Immediately return to Council any Funding rela�ng to the part of the ZEN Inc. ac�vi�es
affected by the no�ce and that has not, in the Council's opinion:
I. Been spent in accordance with this Agreement; or
II. Been commited by ZEN Inc. in accordance with this Agreement and is payable as a
current liability.
Or otherwise deal with any Funding held by ZEN Inc. as directed by the Council.
10.3 Council's liability upon termina�on for default
Where Council terminates this Agreement under clause 10, the Council:
a) Will be liable only for payments due and owing to ZEN Inc. under the payment provisions of
this Agreement as at the date of the no�ce; and
b) Will be en�tled to recover from ZEN inc.:
I. Any part of the Funding which has not been legally commited for expenditure by ZEN
Inc. in accordance with this Agreement and is not payable for ZEN Inc. as a current
liability by the date of the no�ce of termina�on is received; or
II. Any part of the Funding which has not, in the Council’s opinion, been spent by ZEN Inc.
in accordance with this Agreement; and
III. Where ZEN Inc. becomes liable to repay the Funds to the Council under clause 7.2.
10.4 Preserva�on of other rights
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The right of the Council to be Indemnified under this clause is in addition to, and not exclusive of, any
other right power or remedy provided by law, but the Council is not entitled to be compensated in
excess of the amount of the relevant cost, liability, loss, damage or expense.
10 TERMINATION FOR FAULT
10.1 Right to terminate for default
In addition to the right to terminate provided for elsewhere in this Agreement the Council may
terminate this Agreement with immediate effect by giving notice to ZEN Inc. if:
a) ZEN Inc. breaches any provision of this Agreement and fails to remedy the breach within 30
days, or such longer period as Council stipulates, after receiving notice requiring it to do so;
b) ZEN Inc. breaches a material provision of this Agreement and that breach is not, in the
opinion of the Council, capable of remedy;
c) ZEN Inc. notifies the Council that the ZEN Inc. activities are not to proceed; or
d) ZEN Inc. becomes insolvent , subject to administration, unable to meet its debts, or decides
to windup itself.
10.2. Obligation upon termination
On receipt of a notice of termination or reduction of the Funding, ZEN Inc. must:
a) Stop or reduce the performance of ZEN Inc. obligations related to the Funding as specified
in the notice;
b) Take all available steps to minimise loss resulting from the termination or reduction;
c) Continue work on any part of the ZEN Inc. program not affected by the notice; and
d) Immediately return to Council any Funding relating to the part of the ZEN Inc. activities
affected by the notice and that has not, in the Council's opinion:
I. Been spent in accordance with this Agreement; or
Il. Been committed by ZEN Inc. in accordance with this Agreement and is payable as a
current liability.
Or otherwise deal with any Funding held by ZEN Inc. as directed by the Council.
10.3. Council's liability upon termination for default
Where Council terminates this Agreement under clause 10, the Council:
a) Will be liable only for payments due and owing to ZEN Inc. under the payment provisions of
this Agreement as at the date of the notice; and
b) Will be entitled to recover from ZEN inc.:
I. Any part of the Funding which has not been legally committed for expenditure by ZEN
Inc. in accordance with this Agreement and is not payable for ZEN Inc. as a current
liability by the date of the notice of termination is received; or
ll. Any part of the Funding which has not, in the Council’s opinion, been spent by ZEN Inc.
in accordance with this Agreement; and
Ul. Where ZEN Inc. becomes liable to repay the Funds to the Council under clause 7.2.
10.4 Preservation of other rights
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Clause 10 does not limit or exclude any of the Council's rights under this Agreement.
11 DISPUTE RESOLUTION AND MEDIATION
Both par�es shall make genuine efforts to resolve any dispute arising out of, or in connec�on with
this Agreement by nego�a�on and discussion. If the par�es are unable to resolve a dispute within 14
days, then the dispute shall be referred to an agreed, qualified independent person to mediate
between both par�es. In the event the par�es are unable to agree on the independent person,
either party may refer this mater to the President of the Queensland Law Society to nominate an
appropriate person.
12 GENERAL PROVISIONS
12.1 Audit and access
a) ZEN Inc. agrees to give Council, or any persons authorized in wri�ng by the Council, access to
the premises where obliga�ons under this Agreement are being carried out
b) ZEN Inc. agrees to permit those persons to inspect and take copies of any material relevant
to this Agreement.
12.2 Insurance
a) ZEN Inc. agrees:
i. To effect and maintain adequate liability insurances specific to the opera�on of a Not for
Profit organisa�on, and as a minimum, public liability, product and director & officer
liability, volunteers and employee work cover.
ii. On request to provide proof of insurance acceptable to Council for its purposes under
this Agreement.
b) This clause con�nues in opera�on for so long as any obliga�ons remain in connec�on with
this Agreement.
12.3 Rela�onship of par�es
a) ZEN Inc. is not by virtue of this Agreement an officer, employee, partner or agent of the
Council, nor does ZEN Inc. have any Power or authority to bind or represent the Council.
Also, and for the avoidance of doubt, the par�es to this Agreement:
I. Are not carrying on a business in common with a view to profit; and
II. Under a not for profit model it is expected any profits from the EV Expo or other event
would go back into ZEN Inc.’s ongoing and/or broader program delivery. As per the EV
expo agreement any unspent funds from Council should come back to Council.
b) ZEN Inc. agrees:
i. Not to misrepresent its rela�onship with Council; and
ii. Not to engage in any misleading or decep�ve conduct in rela�on to the ZEN Inc..
program.
12.4 Waiver
a) A failure or delay by a party to exercise any right or remedy it holds under this Agreement
or at law does not operate as a waiver of that right.
b) A single or par�al exercise by a party of any right or remedy it holds under this Agreement
or at law does not prevent the party from exercising the right again or to the extent it has
not fully exercised the right.
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Clause 10 does not limit or exclude any of the Council's rights under this Agreement.
11 DISPUTE RESOLUTION AND MEDIATION
Both parties shall make genuine efforts to resolve any dispute arising out of, or in connection with
this Agreement by negotiation and discussion. If the parties are unable to resolve a dispute within 14
days, then the dispute shall be referred to an agreed, qualified independent person to mediate
between both parties. In the event the parties are unable to agree on the independent person,
either party may refer this matter to the President of the Queensland Law Society to nominate an
appropriate person.
12 GENERAL PROVISIONS
12.1 Audit and access
a) ZEN Inc. agrees to give Council, or any persons authorized in writing by the Council, access to
the premises where obligations under this Agreement are being carried out
b) ZEN Inc. agrees to permit those persons to inspect and take copies of any material relevant
to this Agreement.
12.2. Insurance
a) ZEN Inc. agrees:
i. To effect and maintain adequate liability insurances specific to the operation of a Not for
Profit organisation, and as a minimum, public liability, product and director & officer
liability, volunteers and employee work cover.
ii. ©Onrequest to provide proof of insurance acceptable to Council for its purposes under
this Agreement.
b) This clause continues in operation for so long as any obligations remain in connection with
this Agreement.
12.3. Relationship of parties
a) ZEN Inc. is not by virtue of this Agreement an officer, employee, partner or agent of the
Council, nor does ZEN Inc. have any Power or authority to bind or represent the Council.
Also, and for the avoidance of doubt, the parties to this Agreement:
I. Are not carrying on a business in common with a view to profit; and
I. Under a not for profit model it is expected any profits from the EV Expo or other event
would go back into ZEN Inc.’s ongoing and/or broader program delivery. As per the EV
expo agreement any unspent funds from Council should come back to Council.
b) ZEN Inc. agrees:
i. Not to misrepresent its relationship with Council; and
ii. Not to engage in any misleading or deceptive conduct in relation to the ZEN Inc..
program.
12.4 Waiver
a) A failure or delay by a party to exercise any right or remedy it holds under this Agreement
or at law does not operate as a waiver of that right.
b) Asingle or partial exercise by a party of any right or remedy it holds under this Agreement
or at law does not prevent the party from exercising the right again or to the extent it has
not fully exercised the right.
Partnership Agreement between Noosa Council and ZEN Inc Inc 2023 — 2026 Page 9 of 14
Page 16 of 68Page 17
12.5 Assignment
ZEN Inc. cannot assign its obliga�ons, and agrees not to assign its rights, under this Agreement
without the Council's prior writen approval. ·
12.6 Applicable law and jurisdic�on
a) This Agreement is to be construed in accordance with, and any mater related to it, is to be
governed by the law of Queensland.
b) The par�es submit to the jurisdic�on of the courts of that State.
12. 7 Survival
All of the provisions of clause 8 of this Agreement shall survive the termina�on of this Agreement.
12.8 Amendments
This Agreement can only be amended by an instrument in wri�ng signed by both par�es.
Partnership Agreement between Noosa Council and ZEN Inc Inc 2023 – 2026 Page 10 of 14
Page 17 of 68
12.5 Assignment
ZEN Inc. cannot assign its obligations, and agrees not to assign its rights, under this Agreement
without the Council's prior written approval. .
12.6 Applicable law and jurisdiction
a) This Agreement is to be construed in accordance with, and any matter related to it, is to be
governed by the law of Queensland.
b) The parties submit to the jurisdiction of the courts of that State.
12.7 Survival
All of the provisions of clause 8 of this Agreement shall survive the termination of this Agreement.
12.8 Amendments
This Agreement can only be amended by an instrument in writing signed by both parties.
Partnership Agreement between Noosa Council and ZEN Inc Inc 2023 — 2026 Page 10 of 14
Page 17 of 68Page 18
13 DEFINITIONS
Annual Report Means a report in line with an incorporated
associa�on in Qld, that without limita�on
includes audited financial statements,
achievements against key performance
measures and other ac�vi�es included in the
annual opera�onal plan underpinning the
objects of ZEN Inc..
Asset Means any asset or improvement acquired or
produced wholly or partly by the Funding or
Funds.
Council Means the local government exercising powers
vested under the Local Government Act 2009
and includes the area within the boundaries of
Council’s authority as prescribed under the
Local Government Act
Council Logo Means any indica, logos, emblems, symbols or
the like which are used by the Council to brand
and iden�fy itself in its day to day ac�vi�es.
Council Material Means any material, including without
limita�on, any so�ware, code, design
photographs, drawings, music, film, print,
layouts, documents, scripts, copy, logos and any
other materials in any medium, whether in hard
or electronic form provided by the Council to
ZEN Inc. to further the purposes and objec�ves
of ZEN Inc.
Fault In rela�on to Clause 9, fault means any
negligent or wrongful act or omission or wilful
conduct.
Funding or Funds Means the amount paid or payable under this
Agreement other than clause 4C.
GST Means the Goods and Services tax
Intellectual Property Means copyright, trademarks, designs, patents,
semi-conductor or circuit layout rights, trade
secrets. trade names, business names, company
names, domain names and all other proprietary
rights and any rights to registra�on whether
created on, before or a�er the date of this
Agreement.
Noosa Shire Council Means the local government exercising power
vested under the Local Government Act 2009
and includes the area within the boundaries of
Council's authority as prescribed under the
Local Government Act.
Partnership Agreement between Noosa Council and ZEN Inc Inc 2023 – 2026 Page 11 of 14
Page 18 of 68
13 DEFINITIONS
Annual Report Means a report in line with an incorporated
association in Qld, that without limitation
includes audited financial statements,
achievements against key performance
measures and other activities included in the
annual operational plan underpinning the
objects of ZEN Inc..
Asset Means any asset or improvement acquired or
produced wholly or partly by the Funding or
Funds.
Council Means the local government exercising powers
vested under the Local Government Act 2009
and includes the area within the boundaries of
Council’s authority as prescribed under the
Local Government Act
Council Logo Means any indica, logos, emblems, symbols or
the like which are used by the Council to brand
and identify itself in its day to day activities.
Council Material Means any material, including without
limitation, any software, code, design
photographs, drawings, music, film, print,
layouts, documents, scripts, copy, logos and any
other materials in any medium, whether in hard
or electronic form provided by the Council to
ZEN Inc. to further the purposes and objectives
In relation to Clause 9, fault means any
negligent or wrongful act or omission or wilful
conduct.
Funding or Funds Means the amount paid or payable under this
Agreement other than clause 4C.
Means the Goods and Services tax
Intellectual Property Means copyright, trademarks, designs, patents,
semi-conductor or circuit layout rights, trade
secrets. trade names, business names, company
names, domain names and all other proprietary
rights and any rights to registration whether
created on, before or after the date of this
Agreement.
Noosa Shire Council Means the local government exercising power
vested under the Local Government Act 2009
and includes the area within the boundaries of
Council's authority as prescribed under the
Partnership Agreement between Noosa Council and ZEN Inc Inc 2023 — 2026 Page 11 of 14
Page 18 of 68Page 19
Opera�onal Plan Means an annual plan for the conduct of the
opera�ons 0f ZEN Inc. during a financial year
that is aligned with the Strategic Plan of ZEN Inc.
Opera�onal Expenses Means expenses associated with. or atributable
to the opera�ons of ZEN Inc. including:
• Day to day expenses such as employee
payments, accoun�ng expense, licence fees.
adver�sing, legal costs, u�li�es, insurances,
publica�ons, educa�on and community
engagement expenses.
• Ac�ons to support project development
including project scoping and planning,
project management and project audi�ng.
Project Means an individual or collabora�ve ac�vity
that is carefully planned to achieve a par�cular
outcome and with specific start and end dates,
and may comprise mul�ple stages.
Property Means any legal or equitable estate or interest
(whether present or future and whether vested
or con�ngent) in real or personal property of
any descrip�on.
Specified Acts In rela�on to Clause 8.5 “Specified Acts” means
any of the following classes or types of acts or
omissions by or on behalf of the Council,
excluding false atribu�on of authorship:
i. Using, reproducing, adap�ng or
exploi�ng all or any part of the
ZEN Inc. Program Material, with
or without atribu�on of
authorship; or
II. Supplemen�ng the ZEN Inc.
Program Material with any other
material; or
III. Using the ZEN Inc. Program
Material in a different context to
that originally envisaged.
ZEN Inc. Program Material Means any material, including without
limita�on. any so�ware. code, designs.
photographs, drawings. music, film, print,
layouts, documents, scripts, copy, logos and any
other materials in any medium, whether in hard
or electronic form created by, or provided to
ZEN Inc. to further the purposes and objec�ves
of ZEN Inc. but expressly exclude any Council
Material.
Partnership Agreement between Noosa Council and ZEN Inc Inc 2023 – 2026 Page 12 of 14
Page 19 of 68
Operational Plan Means an annual plan for the conduct of the
operations Of ZEN Inc. during a financial year
that is aligned with the Strategic Plan of ZEN Inc.
Operational Expenses Means expenses associated with. or attributable
to the operations of ZEN Inc. including:
e Day to day expenses such as employee
payments, accounting expense, licence fees.
advertising, legal costs, utilities, insurances,
publications, education and community
engagement expenses.
e Actions to support project development
including project scoping and planning,
project management and project auditing.
Project Means an individual or collaborative activity
that is carefully planned to achieve a particular
outcome and with specific start and end dates,
and may comprise multiple stages.
Property Means any legal or equitable estate or interest
(whether present or future and whether vested
or contingent) in real or personal property of
any description.
Specified Acts In relation to Clause 8.5 “Specified Acts” means
any of the following classes or types of acts or
omissions by or on behalf of the Council,
excluding false attribution of authorship:
i. Using, reproducing, adapting or
exploiting all or any part of the
ZEN Inc. Program Material, with
or without attribution of
authorship; or
ll. Supplementing the ZEN Inc.
Program Material with any other
material; or
il. Using the ZEN Inc. Program
Material in a different context to
that originally envisaged.
ZEN Inc. Program Material Means any material, including without
limitation. any software. code, designs.
photographs, drawings. music, film, print,
layouts, documents, scripts, copy, logos and any
other materials in any medium, whether in hard
or electronic form created by, or provided to
ZEN Inc. to further the purposes and objectives
of ZEN Inc. but expressly exclude any Council
Material.
Partnership Agreement between Noosa Council and ZEN Inc Inc 2023 — 2026 Page 12 of 14
Page 19 of 68Page 20
.14 EXECUTION
Executed as an AGREEMENT on the day of 2023.
SIGNED SEALED AND DELIVERED BY Kim Rawlings as Director, Strategy and Environment for and on
behalf of NOOSA SHIRE COUNCIL.
Name: Kim Rawlings Posi�on: Director, Strategy and Environment
Signature: Witness:
SIGNED BY ZERO EMISSIONS NOOSA INC ABN 74 862 487 515
Name: Posi�on:
Signature: Witness:
Partnership Agreement between Noosa Council and ZEN Inc Inc 2023 – 2026 Page 13 of 14
Page 20 of 68
.14 EXECUTION
Executed as an AGREEMENT onthe day of 2023.
SIGNED SEALED AND DELIVERED BY Kim Rawlings as Director, Strategy and Environment for and on
behalf of NOOSA SHIRE COUNCIL.
Name: Kim Rawlings Position: Director, Strategy and Environment
Signature: Witness:
SIGNED BY ZERO EMISSIONS NOOSA INC ABN 74 862 487 515
Name: Position:
Signature: Witness:
Partnership Agreement between Noosa Council and ZEN Inc Inc 2023 — 2026 Page 13 of 14
Page 20 of 68Page 21
Partnership Agreement between Noosa Council and ZEN Inc Inc 2023 – 2026 Page 14 of 14
Page 21 of 68
Page 22
PLANNING & ENVIRONMENT COMMITTEE MEETING 10 OCTOBER 2023
5.2 MCU22/0051 APPLICATION FOR MATERIAL CHANGE OF USE HARDWARE & TRADE
SUPPLIES AT 178 EUMUNDI NOOSA ROAD, NOOSAVILLE
Author Acting Co-ordinator Planning, Nadine Gorton
Development & Regulation Department
Index ECM / Application/ MCU22/0051
Attachments 1. ATTACHMENT 1 - MCU220051 – PROPOSED CONDITIONS
2. ATTACHMENT 2 – ACTING COORDINATOR PLANNING REPORT
APPLICATION DETAILS
Applicant Bunnings Group Limited
Proposal Material Change of Use - Hardware and trade supplies
Properly Made Date 13 June 2022
Information Request Date 24 June 2022
Information Response Date 14 March 2023
Decision Due Date 27 October 2023
Number of Submissions Not applicable
PROPERTY DETAILS
Property Address 178 Eumundi Noosa Road, Noosaville
RP Description Lot 101 SP 279285
Land Area 2.6670 Hectares
Existing Use of Land Bunnings Warehouse and vacant portion
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Impact Industry
Precinct Not applicable
Local Plan Area Not applicable
Page 22 of 68
Page 23
PLANNING & ENVIRONMENT COMMITTEE MEETING 10 OCTOBER 2023
Overlays Land Subject to Acid Sulfate Soils
Landslide Hazard Overlay
Regional Infrastructure Overlay
Assessment Type Code
EXECUTIVE SUMMARY
This report considers an application for a Hardware and Trade supplies store to be constructed on
the vacant area of the existing Bunnings Warehouse site in Noosaville. The proposed building has
a total floor area of 1087m2 and comprises 2 levels, with car parking on the lower level and the trade
area on the upper level. The applicant intends to provide timber and trade supplies primarily to
professional builders and trades customers and is expected to operate independently of the existing
Bunnings Warehouse with no changes proposed to this store.
The site is zoned Medium Impact Industry under the Noosa Plan 2020 with the use identified as
consistent for this zone and required to follow a code assessment process. The proposed
development is considered consistent with the zoning intent, with the use industrial in nature,
providing bulk quantities of construction materials for the construction industry.
The proposed design also generally meets the built form outcomes sought by the planning scheme,
with the building’s height of 12.125 metres considered to be in context with the existing streetscape
and assisted by a 9 to 12 metre wide landscape setback. Some further work is required to the
building’s presentation to Gateway Driveway to provide additional interest to the street and in this
regard a 1.2m wide eave overhang is conditioned to be provided.
A total of 57 car parks is proposed on site and 6 light loading bays which satisfies the minimum car
parking requirements and likely demand. No bicycle parking spaces, or end of trip facilities are
shown on the plans and accordingly a condition is recommended requiring these facilities.
The application is therefore recommended for approval with conditions.
RECOMMENDATION
That Council note the report by the Acting Coordinator Planning to the Planning & Environment
Committee Meeting dated 10th October 2023 regarding Application No. MCU22/0051 for a
Development Permit for Material Change of Use - Hardware and trade supplies situated at 178
Eumundi Noosa Road Noosaville and:
A. Approve the application in accordance with the proposed conditions outlined in Attachment
1.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 23 of 68
Page 24
ATTACHMENT 1 – MCU22/0051 – PROPOSED CONDITIONS
PLANNING
When Conditions must be Complied With
1. 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.
Currency Period
2. This development approval lapses if the use has not happened by 26 October 2029, unless
an application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Operational Works
Plan No. Rev. Plan/Document Name Date
DA02 E Site Plan of Layout Proposed Bulk Trade 23.08.2023
Yard Undercroft Car Parking prepared by
Group 4 Architects
DA03 E Site Plan of Layout Proposed Bulk Trade 23.08.2023
Yard First Floor Level prepared by Group 4
Architects
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
DA04 D Site Plan of Layout Proposed Bulk Trade 22.08.2023
Yard Roof Plan prepared by Group 4
Architects
DA05 E Site Plan of Layout Proposed Bulk Trade 23.08.2023
Yard Typical Sections prepared by Group 4
Architects
DA06 E Site Plan of Layout Proposed Bulk Trade 23.08.2023
Yard Elevations prepared by Group 4
Architects
Amendments An eave overhang a minimum of 1.2 metres wide must be provided
to the building’s front façade to provide further interest to the street.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
4. The approved use must not operate outside the hours of 6am to 6pm Monday to Sunday.
5. The approved Bunning Warehouse Store on the balance area of the site must be operated
in accordance with the development approval (07/0256), which includes a significant
hardware component and trade sales area.
Page 24 of 68
Page 25
Building Appearance
6. External design features, materials and finishes must be as shown on the Approved Plans,
with no inclusions or alterations made without approval in writing by Council.
7. External colours and finishes must be of muted environmental tones, with broad expanses
of a single colour not permitted. Walls must be broken up by varying tones or design
elements and generally consistent with the colour scheme on the approved plans. The
proposed colour scheme must be different to the existing Bunnings Warehouse Store on the
balance area of the site.
8. Waste storage areas, and mechanical equipment are screened from the street.
9. No part of the site may be used for outdoor storage of materials.
10. All mechanical equipment and other service infrastructure located on the site must be:
a. located not less than 2 metres from a property boundary.
b. fully enclosed or screened such that they are not visible from the street frontages nor
adjoining properties. Where screened by landscaping, landscaping beds must be at
least 1.5 metres wide.
Staff Amenities
11. On site amenities, including seating, tables and rubbish bins, must be provided for staff
protected from weather and removed from any noisy or odorous activities.
12. End of trip facilities must be provided for staff including 2 lockers, 1 shower cubicle with an
ancillary change room, and 2 bicycle spaces must be provided on site.
Building Height
13. The maximum height of the development must not exceed 12.125 metres above the ground
level, including the exposed portion of the external façade of the building where excavation
is undertaken.
14. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the building does not exceed the maximum height requirement of this Decision
Notice.
Landscaping Works
15. The development site must be appropriately 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 generally shown on the Landscape Concept Plan 155.004.SD001B,
155.004.SD002B and 155.004.SD003B prepared by Citicene dated 9.02.2023 except
where varied by the conditions of this approval. The landscape plans are to incorporate
a three-tiered landscape buffer to the street frontage incorporating the following
additional species:
• Corymbia tessellaris
• Eucalyptus intermedia
• Melaleuca quinquenervia
• Banksia integrifolia
b. Vegetated screening of the proposed development from Gateway Drive, designed such
that the development is screened at maturity;
c. Vegetated screening of any electrical transformers, bin storage areas and the like from
the road frontage;
d. Provision of 1 street tree within the road reserve for every 8 metres of road frontage.
Page 25 of 68
Page 26
16. 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.
Fauna Management
17. 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)
Waste Management
18. A waste storage area must be designed and maintained in accordance with Planning
Scheme Policy PSP9 Waste Management and the Noosa Plan’s Waste Management Code.
The waste storage area must be:
a. imperviously paved and correctly sized for all refuse and recycling containers;
b. bunded and graded so that wastewater and bin leakage drain to the sewer;
c. provided with a conveniently located hosecock and backflow prevention device,
connected to a water supply to service the area; and
d. roofed or otherwise covered.
19. A Waste Management Plan must be prepared that details the type and quantity of waste
material that is likely to be generated by the development; where and how the waste will be
stored, disposed of and procedures for handling the waste. The Waste Management Plan
must be submitted and approved by Council prior to the issue of a Development Permit for
Operational Works.
Performance Bond
20. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 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.
Acid Sulfate Soil
21. The disturbance and release of Acid Sulphate Soils must be avoided by:
a. Undertaking an Acid Sulfate Soils investigation and soil analysis pursuant to the
National Acid Sulfate Soils Guidance.
b. not excavating or otherwise removing soil or sediment containing ASS;
c. not permanently or temporarily extracting groundwater that results in the aeration of
previously saturated ASS; and
d. not undertaking filling on land at or below 5 metres AHD that results in:-
i. actual ASS being moved below the water table; or previously saturated ASS
being aerated.
Where potential or actual Acid Sulfate Soil is identified, all works must be caried out in
accordance with an Acid Sulfate Soils Management Plan prepared by a qualified person*.
*(Refer to Advisory Note)
Page 26 of 68
Page 27
External Works
22. Gateway Drive must be upgraded for the length of its frontage to the subject site allowing for
suitable transition of works. The works must be undertaken in accordance with an
Operational Works approval, the approved plans of development and must include in
particular:
a. A road reserve dedication in favour of Council, maintaining a minimum verge width of
5m along the development frontage.
b. Modification of the existing pavement marking to extend the channelised right turn lane
(CHR).
c. Extension of the existing yellow line marking “No Stopping” zone.
d. Construction of a pedestrian footpath in accordance with the conditions of this Decision
Notice.
Condition 22 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Site Access and Driveways
23. Sealed access driveways must be provided from Gateway Drive to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must include in particular:
a. Driveway crossovers in accordance with IPWEA Standard Drawing RS-051 and the
approved plans of development.
b. Provide signage and line marking in accordance with the Department of Transport and
Main Roads Manual of Uniform Traffic Control Devices (MUTCD) that clearly denotes
separate entry and exit driveways for the development.
Car Parking
24. A minimum of 57 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
undertaken in accordance with an Operational Works approval and must include in particular:
a. Provision of vandal resistant public lighting with intensities to satisfy the requirements
of Australian Standard AS1158: Public Lighting Code;
b. One (1) disabled parking space/s within the use area;
c. Dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
25. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
26. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
Paving Treatment of Vehicle Movement Areas
27. Alternative materials, patterns, or threshold treatments must be used to articulate the
pavement treatment of vehicle movement areas.
Pedestrian and Bicycle Facilities
28. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in particular:
a. A two metre wide concrete footpath within the road verge for the entire length of the
site’s frontage to Gateway Drive and connecting to the existing path fronting Lot 11
SP170295.
b. Pedestrian pathways between the proposed car parking area and the building/s.
Page 27 of 68
Page 28
c. Adequate separation of all specific pedestrian routes from vehicle access and
manoeuvring areas, and clear demarcation by pavement marking, signposts or
changes in surface materials or levels.
d. Signage and lighting at strategic locations to direct people to building entries and public
toilet facilities.
e. Pedestrian refuge areas at strategic locations within the carpark to ensure safe and
convenient congregating of pedestrians waiting to cross major access driveways.
f. A total of 2 bicycle parking spaces
g. End of trip facilities involving 2 lockers, male and female showers and change rooms.
Condition 28a is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Stormwater Drainage
29. Carry out the development to ensure that adjoining properties, reserves and roads are
protected from ponding or nuisance from stormwater as a result of any works undertaken.
30. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with an Operational Works
approval, AS3500.3 and the Queensland Urban Drainage Manual, and must include in
particular:
a. Underground detention tanks and drainage works generally as shown in Appendix C
of the Site Based Stormwater Management Plan Rev 07, prepared by ACOR
Consultants, dated 24/08/2023
b. Collection and discharge of stormwater to Council’s underground pipe network in
Gateway Drive
c. Extension of the site stormwater system to accommodate stormwater from the external
catchment East of the site, including registration of drainage easements over the pipe
network within the subject site in favour of the upstream lot.
d. Cut off drains along the Eastern site boundary to convey external catchment flows up
to the 1%AEP climate change event into the pipe network within the site
e. The use of gravity stormwater drainage and not surcharge pits.
Condition 30 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Stormwater Quality Management
31. A stormwater quality treatment system must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and the Bioretention
Technical Design Guidelines (Water by Design, 2014), and must include in particular:
a. Stormwater quality treatment devices of a size and location generally in accordance
with those shown in Appendix C of the Site Based Stormwater Management Plan Rev
07, prepared by ACOR Consultants, dated 24/08/2023
b. A minimum 5kL rainwater harvesting tank, plumbed to supply toilet flushing and
landscape irrigation
c. Bioretention devices which:
i. Are designed generally in accordance with IPWEAQ Standard Drawing No. DS-
073.
ii. Are provided with a free-draining outlet from the sub-soil drainage system.
d. Incorporation of a primary stormwater quality treatment system for the effective
removal of gross pollutants.
Page 28 of 68
Page 29
32. Permanent educational signage must be erected to educate the customers to the
development about the function of the bioretention device(s). The dimensions, standard,
presentation and location of the educational signage must be in accordance with an
Operational Works approval.
33. All vegetated stormwater quality treatment devices must be maintained in accordance with
the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) and
primary treatment devices maintained in accordance with the manufacturer’s
recommendations. The approved Operational Works drawings for the stormwater quality
treatment system and detailed life cycle costing of the system must be attached as an
addendum to this document and kept on site by the operator of the development. Records
of all maintenance activities undertaken must be kept and made available to Council upon
request.
Easements
34. 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.
35. 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.
36. 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
37. 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 Operational works approval is to be
generally in accordance with the Bulk Earthworks Plan C03-001 and Bulk Earthworks Section
C03-101 dated 21.02.2023 and prepared by Acor Consultants
38. Design all earth retaining structures within private land in accordance with Australian
Standards, Building Code requirements and Noosa Planning Scheme current the time of the
operational works application and the following:
a. Earth retaining structures must be certified by a Registered Professional Engineer
Queensland (RPEQ) where exceeding 1.0m in height.
b. The minimum design life (the period assumed in design for which a structure or
structural element is required to perform its intended purpose without replacement or
major structural repairs) for the earth retaining structure that is specified in Table 3.1
of Australian Standard AS4678;
c. Earth retaining structures within the land and around areas of cut on or near the
boundaries of the site must be designed to allow for live and dead loads associated
with the land/premise’s current occupancy use;
d. Where the adjoining land use rights or zoning allows for industrial uses a minimum live
load of 25kPA must be allowed in the design of the retaining structure for these
adjoining premises.
e. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted
with a commercial grade safety fence.
Acid Sulfate Soils
39. If earthworks trigger assessment, prepare an Acid Sulfate Soil Investigation Report and if
required an Acid Sulfate Soils Management Plan prior to the commencement of works. The
reports and analysis are to be undertaken in accordance with the Noosa Plan 2020 and
prepared by a suitably qualified person.
Page 29 of 68
Page 30
40. Prior to the commencement of use, provide certification from a suitably qualified person that
all works have been undertaken in accordance with the Acid Sulfate Soil Management Plan.
Preparation of a Preliminary Construction Management Plan
41. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. Traffic management during all aspects of the construction phase including:
i. Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction.
b. Maintenance of safe pedestrian access for the areas affected by the works during and
after daily construction has ceased.
c. Provision for worker car parking.
d. Maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures.
e. Works programme identifying key components of the works and their respective
durations.
f. Include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details.
g. Identification of complaint management procedures including:
i. Contact details for the on-site manager.
h. Dispute resolution procedures.
i. If the proposed earthworks exceed 1000m3, provide details on the location of external
fill sites/sources, the haulage route, type of vehicle to be utilised during filling
operations and frequency of usage. NB any damage to the existing road system as a
result of haulage operations shall be fully repaired at the applicant’s expense.
j. It is acknowledged that the preliminary Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor employed
to construct the works and a final document will be required to be submitted at the Pre-
Start Meeting for the project.
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Page 31
ATTACHMENT 2 – (MCU22/0051) – ACTING COORDINATOR PLANNING REPORT
REPORT
1. PROPOSAL
This application seeks approval to establish a hardware and trade supplies yard on a vacant area
to the north of the existing Bunnings Warehouse at Noosaville. The applicant advises the trade
yard will provide for timber and trade supplies primarily to professional builders and trades
customers, rather than being targeted to retail customers, and is expected to operate
independently of the existing bunnings store on the southern portion of the site. The applicant
proposes no changes to the existing Bunnings Warehouse store which has an area of 7,592m2.
The proposed built form will comprise 2 levels, set into the site’s slope with parking for 57 cars
provided in an under croft level beneath the enclosed trade yard for ‘walk in’ customers. A short
term parking area (6 light loading bays) for customers collecting large quantities or bulky items is
also proposed to the building’s rear to enable customers to load from the upper level of the building.
A separate entry and exit are proposed to and from Gateway Drive.
The proposed trade yard will have a gross floor area of 1087m2 and has been designed along a
similar theme to the existing bunnings store, with concrete panels, and upper and lower levels
distinguishable through the white and green colour scheme. The proposed building comprises 2
storeys and is 12.125 metres in height measured to the roof pitch. The trade yard is proposed to
operate Monday to Sunday, 6am to 6pm.
Figure 1 – Locality
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Page 32
Figure 2 – Site Plan
Page 32 of 68
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Page 33 of 68
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Page 34 of 68
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Page 34 of 68Page 35
Figure 4 – Elevations & Section Plans
2. SITE DETAILS
2.1. Background
A development approval to Reconfigure 1 lot into 2 lots (REC14/0005) was issued on 4 July 2014.
An application to extend the currency period of this approval was approved on 27 September 2018
extending the currency period to 25 September 2020. An application to further extend the currency
period was approved on 18 September 2020 to 25 March 2023, which included the first 6 month
extension for an applicable event under section 275R (applicable event – Covid 19) of the Planning
Act 2016. This ROL approval remains current due to the further Covid extensions (18 months) and
if enacted, would permit the proposed bulk trade store to be located on a separate lot to the existing
Bunnings store. Figure 5 provides a plan of the approved subdivision layout.
A pre-lodgement meeting was held with the applicant regarding the proposed bulk trade store. At
this meeting concerns were raised that the proposal constituted an expansion of the existing
Bunnings store and an Other Change - impact assessable application, ought to be lodged. A
number of design requirements were also discussed including, car parking, building and landscape
setbacks, building height, building articulation and finishes. These issues as well as stormwater
were similarly raised in the information request to the applicant.
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Figure 5 – Approved Reconfiguring a Lot Plan
2.2. Site Description
The site has an area of 2.6635ha and is zoned Medium Impact Industry. The bulk trade yard
building is located on the northern portion of the site, which is vegetated, though notably this
vegetation is not mapped by the planning scheme’s Biodiversity, waterways and wetlands overlay,
nor the State’s Vegetation mapping.
2.3. Surrounding Land Uses
The site is located in an industrial area with the existing Bunnings Warehouse store fronting
Gateway Drive and Eumundi Noosa Road which is part of the major road network. Land in the
area has been developed for a range of uses, consistent with the planning scheme’s zoning pattern
at the time, including industrial uses, warehouses, service industries, office works, gym, self-
storage and a commercial car wash.
The site directly to the north of the site currently contains two industrial buildings that are accessed
off Vision Court.
3. ASSESSMENT
3.1. 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 2017;
• Planning Regulation 2017;
• Noosa Plan 2020.
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Page 37
3.2. State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan 2017
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the
application:
• SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment
benchmark contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The site is located in Noosaville and is zoned Medium Impact Industry. The proposed use is
defined as Hardware and trade supplies and is required to follow a code assessable application
process. Accordingly, the application must be assessed against each of the following codes to the
extent they are relevant to the development:
• Noosaville Local Plan Code;
• Medim Impact Industry Zone Code;
• Business Activities Code
• Works Codes
• Acid Sulfate Soils Overlay Code
• Landslide Hazard Overlay Code
• Regional Infrastructure Overlay Code
3.3.1 Local Plan Code
The site is located within the Noosaville Local Plan, and the following overall and performance
outcomes are most applicable to the proposed development.
(e) Development design and siting responds to the relatively flat topography of Noosaville by
creating visual interest and differentiation in built form through design and the application of:
i. a range of textures, colours, styles and finishes;
ii. a range of architectural elements within the context of a sub-tropical architectural
theme;
iii. varied roof heights, that cumulatively make a positive contribution to an interesting
skyline;
iv. varied setbacks which create opportunities for both landscaping and design variety;
and
v. retention of mature trees and the provision of new landscaping which create attractive
spaces between buildings.
(o) Development in the Low Impact Industry zone and the Medium Impact Industry zone
accommodates a broad range of industry and business uses, avoiding negative impacts on
the amenity of nearby residential areas.
(p) Activities in industry zones provide important services and products to the community and
provide a range of employment types.
PO15
Development in the Low Impact Industry zone and the Medium Impact Industry zone:
a) provides a range of enterprises that contribute to the economic diversity of the Shire and local
employment options;
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b) provides important industries and service-related functions to the whole of Noosa Shire but
particularly the coastal area;
c) offers a range and diversity of employment types;
d) does not accommodate uses better located in a centre zone
e) does not detract from the safe function or amenity of Eumundi Noosa Road, Walter Hay Drive
or Eenie Creek Road; and
f) does not accommodate uses that would harm the environment, including Eenie Creek, Lake
Doonella and Lake Weyba, through excessive pollutants.
The proposed use is industrial in nature, providing bulk quantities of construction material for the
construction industry requiring an industrial scale building. The proposed use is not expected to
generate fumes, odour or excessive noise beyond vehicle movements and loading/unloading of
goods, operating predominantly within the building and is well separated from the residential area
to the west. Some further design elements though are needed to create further visual interest to
the street, with the building presentation relatively ‘bland’ comparable to the existing Bunnings
store building.
3.3.2 Zone Code
The site is zoned Medium Impact Industry and is located outside the Gateway Drive West Makers
Precinct under the Noosa Plan. The following overall outcomes from the Medium Impact Industry
Zone Code are most applicable to the proposal:
(a) development facilitates the efficient use of land for medium impact industries and
supporting ancillary uses;
(e) new uses are located, designed and managed to be compatible with surrounding uses and
development;
(f) retail sales more appropriately located in business centres, such as shops, showrooms and
retail-based hardware supplies are avoided, except on land fronting Eumundi Noosa Road
or Eenie Creek Service Road Noosaville where showrooms may locate;
(k) buildings are well designed, safe and visually attractive;
(l) development is low rise building and does not present bulky to the street frontages;
(n) Building setbacks incorporate attractive landscaped areas to road frontages with greater
landscape setbacks provided to Eumundi Noosa Road;
The trade yard is consistent with the intent of the zone for industrial uses to locate, with the
applicant advising that no changes are proposed to the Bunnings Warehouse with the store
continuing to operate in accordance with the original approval. The applicant further advises that
in this regard Bunnings Warehouse stores and Bunnings Trade stores are targeted at different
markets/different customer groups and the goods and services are carefully tailored accordingly.
The two types of stores are noted as having a different external appearance and signage with the
trade store design being trade focused. Each store type provides a ‘one-stop shop’ to ensure a
trade customer does not also have to visit a warehouse store and product lines that are likely to
be required by both retail and trade customers are therefore duplicated across both stores.
Ordinarily trade centres are located separately from the retail warehouses, whereas the Noosaville
site will be an exception in that land which happens to be available adjoins the retail warehouse.
The above aspects are considered an important consideration of assessment given that Council
in approving the original Bunnings store, found that the store, while containing a significant retail
component and nursery, also included a significant hardware component and timber sales area
which was consistent with the industrial zoning of the site. The proposed trade store is considered
to provide an industrial use consistent with the intent of the zone.
The following table provides an assessment of the proposal against the key acceptable outcomes
for built form for the Medium Impact Industry zone.
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Criteria Planning Scheme Proposal Complies
Building height
• storeys 2 storeys max 2 storeys
• metres 10 metres 12.12 metres X
Site cover/Gross Floor Area Of a compatible scale with Comparable scale
surrounding development with surrounding
buildings
Boundary setbacks
• Frontage 6 metres min 9-11 metres
• Side 0 metres min 7.2 metres
Articulation, materials & Well articulated Limited X
finishes articulation, use of
Mix of external building
materials, variation
materials
in roof form, with
Varied Roof Form colours reflective
Colours are muted of the Bunnings
environmental tones branding
Landscaped open space 15% of the site, with a 15.7% and 60%
minimum of 60% forward of (inclusive of
the building line biodetention
Landscaping Setbacks basin)
6 metres min
9-12.5 metres
Carparking 22 min 57 covered
6 light loading bays
Bicycle Spaces 12 bicycle spaces 2 bicycle spaces X
End of Trip Facilities* 1 locker per 2 bicycle spaces Nil X
and;
*(required only where 5 +
spaces are required) 1 shower cubicle with ancillary Nil X
change room per 10 bicycle
spaces
The table demonstrates that the proposal meets the key acceptable outcomes, apart from building
height, articulation, materials and finishes and bicycle spaces and end of trip facilities. These
aspects are further discussed below.
Building Height
Performance Outcome Acceptable Outcome
PO8
Buildings and other structures— AO8.1
a) are low rise and have a visual bulk and architectural Buildings and structures are no more than 10 metres in
scale consistent with structures on adjoining and building height..
nearby land;
b) have a maximum building height of two storeys; AO8.2
Where excavation is required, the maximum portion of
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c) do not visually dominate the street or surrounding the exposed external façade of the building cannot
spaces; exceed 10 metres in building height..
d) preserve the amenity of surrounding residential
development including privacy, views and access to
sunlight; and
e) respond to the topography of the site and minimise
cut and fill where on a sloping site; and
f) are well articulated with strong horizontal and
vertical elements to provide interest to the street.
The proposed building exceeds 10 metres in building height, being 12.12 metres at the roof pitch.
The applicant submits that the proposal meets PO8 as:
• The subject site is located in a medium impact industry area and adjoins lots that are within the
Venture Drive Precinct, which promotes medium scale industrial land uses. Uses of this nature
typically require large, bulkier built form to accommodate industrial activities.
• Previously the design incorporated parapet walls that extended up beyond roof edges. This
concealed the roof form. The design has been revised to introduce eaves, and a pitched roof
is now visible. The effect of this twofold: -
- The revised design is now consistent in form with the surrounding development, including
with the form of the development which immediately adjoins at 11 to 13 Vision Court.
- This has also reduced the height of the building at the northern and southern elevations
and reduces the apparent mass and bulk of the building when viewed from the street.
• The proposed development is in context of the development at 11 to 13 Vision Court. This
adjoining development is now complete and operational. With the introduction of eaves and a
pitched roof to the proposal, building height is consistent with that of the existing adjoining
development. A streetscape elevation is provided below.
•
Figure 6 – Applicant’s streetscape elevation
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• Front setback is now between 9m to 12m from the street frontage (not including the land
dedication for road reserve widening). This is up to double the minimum 6m setback sought by
planning scheme acceptable outcomes.
• To further soften appearance of the development from the street, the increased front setback
will incorporate a landscape buffer to the Gateway Drive frontage. The buffer will be ‘three
tiered’ and consist of a variety of species including canopy trees, feature shrubs and ground
covers. This approach will ensure the proposed building is screened by vegetation from
Gateway Drive which will further contribute to reducing any potential visual dominance.
• Articulation will be provided by demarcating the upper and lower levels through paint colour.
Upper level will be painted in Bunnings traditional green colour. Lower level will be white.
Grooves in and between the concrete panels will be expressed to provided finer level detail,
texture and variation.
Buildings in the area range in height as follows:
• Office Works – opposite the site – 10 metres
• Existing Bunnings Store - 12 metres from natural ground level and 9.5m from finished ground
level
• 11 to 13 Vision Court - conditioned to 10 metres.
• Gateway Drive frontage buildings - 10 metres or less in height.
The proposed building façade to Gateway Drive exceeds the height of the buildings in the
surrounding area, but is considered to be in context with development in the area as partly
illustraded in figure 6 above.
The site generally sits lower than 11-13 Vision Court and the existing Bunnings Store noting that
significant earthworks including filling and excavation and ramping were undertaken to develop
these surrounding sites. The proposed building is to be set into the site, with a wide landscape
setback area available to street to undertake planting that will assist it in integrating with the
existing streetscape. The proposed height is considered acceptable.
Figure 7 – Frontage of site and adjoining development accessed off Vision Court
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Articulation, materials & finishes
Performance Outcome Acceptable Outcome
PO11
AO11.1
Buildings are designed and sited to provide visual
Development provides interest to the street with a
interest and amenity by—
well-articulated facade, a mix of
external building materials and a varied roof form.
a) providing well-articulated buildings with strong
horizontal and vertical design; elements to AO11.2
provide interest to the street; Buildings visible from the street are articulated and
b) using a variety of external building materials for use a mix of materials and appropriate design
external walls where such walls are visible from techniques to soften the bulk and scale of
the street; and the building.
c) providing an interesting and varied site layout
and roof design; AO11.3
d) articulating the roof with a, pitched or skillion Buildings are finished in colours of muted
design and complements the low rise character environmental tones. Broad expanses of a single
of the area and surrounding development; and colour are avoided with walls broken up by natural
e) incorporate materials, finishes and colours that tones or by design elements.
complement the natural environment.
Editor’s Note— Shades in the violet, blue, green
and yellow-green side of the spectrum, as well as
greys or browns, should be appropriate with whites
or bright colours restricted to trimmings.
The applicant submits that the proposal complies with the acceptable outcomes as
the upper and lower levels of the building will be expressed and distinguishable through the white
on green colour scheme, to provide articulation. Refer Figure 6 above.
The applicant has attempted to address the design concerns by incorporating some elements of
interest with higher level windows, changes in paint colour, grooves and roof pitching, however the
building’s presentation could be further improved through the provision of a wide eave overhang
to this front façade and rear. Conditions have been included accordingly.
Bicycle Spaces & End of Trip Facilities
The applicant submits that due to the generally bulky nature of goods sold at Hardware and Trade
stores, customers travelling to and from the proposed development are unlikely to be by bicycle
and therefore no customer bicyle parking spaces are practically required. The applicant anticipates
staff demand for bicycle parking to be low and based on an anticipated maximum of 10 staff,
provision of 2 bicycle parking spaces is considered appropriate.
While no bicycle parking spaces or end of trip faclities are shown on the plans, there appears
adequate space for inclusion of 2 parking spaces with provision also able to be made for 2 lockers
and a shower. Conditions have been included accordingly.
3.3.3 Business Activities Code
The proposal is consistent with the code’s requirements with the use compatible and consistent
with the type of activity, scale and intensity intended for the zone.
3.3.4 Stormwater
The application has been reviewed by Councils external consultant who has indicated that the
proposed Stormwater Management Plan appropriately takes a conservative approach to mitigate
peak discharges from the site. Conditions are recommended to be included as part of any approval.
3.3.5 Traffic Impacts
Councils Development Engineer has reviewed the proposal and noted that the impact to the
external traffic network (Eumundi Noosa Road/ Gateway Drive intersection) is between 1.5% to
3.1% of existing traffic volumes and is considered acceptable and consistent with the expected
land use.
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It was also noted that the traffic report accompanying the report detailed that 20 to 30% of trips to
the trade yard may also attend the existing Bunnings Warehouse store which equates to around
3-5 trips during peak weekend hours. Councils development engineer and external consultant
agreed that given the access arrangements, vehicles will be able to travel between the two
carparking areas via Gateway Drive if required without additional traffic impacts to the existing
intersections.
Councils external traffic consultant also reviewed the application and agreed that the proposed
access arrangement were acceptable on the basis that the trade component of the existing
Bunnings Warehouse store was maintained.
3.3.6 Overlay Codes
The site mapped as having the potential to contain Acid Sulfate Soils, with very small areas
identified as subject to potential landslide hazard and a water main running along the site’s frontage
to Eumundi Noosa Road.
As a condition of approval an investigation can be undertaken into Acid Sulfate Soils and a
management plan implemented where required. In terms of the Landslide Hazard Overly, the size
of the area mapped as moderate landslide hazard is negigible wit the applicant advising the detail
design will ensure stability of the site and surrounding land is maintained. The proposed works are
located well clear of the water main.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers:
• Coordinator Engineering
• Senior Environment Officer
4.3. Other Referrals
The application was forwarded to the following external experts for review and/or comment:
• Hydraulic engineer – Switchback Consulting
• Traffic specialist – Holland Traffic Consulting
• Council’s planning solicitor – Thynne Macartney
4.4. Public Notification
The application was not required to be publicly notified for comment, given the application is
identified as code assessable by the Noosa Plan 2020.
5. CONCLUSION & REASONS FOR DECISION
It is concluded that the proposal meets the outcomes sought for the medium impact industry zone,
serving the construction industry in the area. The applicant has also demonstrated that no changes
are proposed to the Bunnings Warehouse store, and will continue to function as approved having
a significant hardware component and timber sales area.
The proposed built form is similar to other buildings in the area, with the increased building height
in context with the streetscape and assisted by the wide landscape setback. A further design
element though is required to be incorporated to provide more visual interest to the building’s
presentation to Gateway Drive as required by the Noosa Plan 2020. Similarly, conditions are
recommended for some bicycle parking spaces and end of trip facilities be provided on site for
staff’s use.
Page 43 of 68
Page 44
Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director Director
Chief Executive Officer Community Development Financial Services
Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Governance Customer Experience Commercial Property
Strategy & Environment & Development & Regulation Infrastructure Services
Sustainable Development
Director x Director Director
Strategic Land Use Planning x Development Assessment Infrastructure Planning, Design
and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health Asset Management
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
Waste
Page 44 of 68
Page 45
PLANNING & ENVIRONMENT COMMITTEE MEETING 10 OCTOBER 2023
5.3 PLANNING & ENVIRONMENT COURT APPEAL NO. D130 OF 2023 – APPLICATION TO
RECONFIGURE A LOT (1 INTO 2 LOTS) AT 39-41 PICTURE POINT CRESCENT,
NOOSA HEADS
Author Acting Co-ordinator Planning, Nadine Gorton
Development & Regulation Department
Index ECM / Application / RAL22/0021 / Cases / D130/2023 / Heidi Meyer
Attachments 1. ATTACHMENT 1 – RAL22 0021 – Acting Co-ordinator Planning Report
EXECUTIVE SUMMARY
This report advises Council that an appeal has been lodged against a decision made by Council to
refuse a development application for Reconfiguring a Lot (one lot into two) at 39-41 Picture Point
Crescent, Noosa Heads.
The application was refused due to non-compliance with the Noosa Plan 2020 requirements for lot
sizes, character and amenity, duplication of services and constraints of the site.
The matter is in order for Council to defend the appeal.
RECOMMENDATION
That Council note the report by the Acting Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 October 2023 regarding Planning & Environment Court Appeal
No. D130 of 2023 and agree to defend the appeal.
Page 45 of 68
Page 46
ATTACHMENT 1 – RAL22/0021 – Acting Co-ordinator Planning Report
REPORT
On 20 July 2023 Council at its Ordinary meeting resolved to refuse an application to subdivide a
1447.3m2 High Density Residential zoned site at 39-41 Picture Point Crescent, Noosa Heads into
2 residential lots for the following reasons:
1. The proposal is contrary to Overall Outcomes 2(a), (b), (c) & (d), Performance Outcomes
PO5, PO6, PO7, and Acceptable Outcome AO5.1, AO5.2, AO7.3, AO7.4, AO7.5, AO7.7 of
the Reconfiguring a Lot Code as:
a. The proposed lots are not consistent with the size and character of surrounding lots
and are less than the required minimum lot size and width.
b. The proposed lots are irregular in shape, with the proposed lot shape not necessitated
by a curve in the road, topographical constraints, or the site’s vegetation, with the lot
shape constraining their future development for multiple dwellings.
c. The future development of the lots is likely to result in duplication of accessways and
services, excessive earthworks and modification to the landform which will impact on
the amenity and character of the area.
d. The proposed development is not consistent with the Overall Outcome 2(o) of the
Noosa Heads Locality Plan Code to accommodate a greater diversity in housing types
as the proposed reconfiguring a lot will limit the opportunities for further multiple
dwellings in Noosa Heads.
2. The proposed lots are not consistent with the Overall Outcome 2(f) and Performance
Outcome PO1 of the High Density Residential Zone Code to accommodate multiple
dwellings to the exclusion of dual occupancy and dwelling houses, as the proposed lots are
unlikely to be able to accommodate multiple dwellings consistent with the code’s built form
requirements.
3. The proposed development is contrary to Overall Outcome 2(c), (d) & (h), Performance
Outcome PO2 and Acceptable Outcome AO2 of the Biodiversity, Waterways and Wetlands
Overlay Code as the proposed lot boundaries transect a wildlife corridor and no rehabilitation
is proposed to improve this ecological linkage.
4. The proposed lots are in part located in a medium bushfire hazard area and the Bushfire
Management Plan does not make any assessment of the proposed development or identify
any bushfire mitigation measures, based on ecological principles, to minimise the risk to
people and property from bushfire hazard.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court. The applicant seeks that the development be approved
subject to reasonable and relevant conditions.
The matter is in order for Council to defend the appeal and the recommendation is worded
accordingly.
Previous Council Consideration
Not Applicable
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
Thynee Macartney – Tim Quirk
Page 46 of 68
Page 47
Internal Consultation
Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director Director
Chief Executive Officer Community Development Financial Services
Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Governance Customer Experience Commercial Property
Strategy & Environment & Development & Regulation Infrastructure Services
Sustainable Development
Director x Director Director
Strategic Land Use Planning x Development Assessment Infrastructure Planning, Design
and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health Asset Management
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
Waste
Page 2 of 2
Page 47 of 68
Page 48
PLANNING & ENVIRONMENT COMMITTEE MEETING 10 OCTOBER 2023
5.4 PLANNING & ENVIRONMENT COURT APPEAL NO. D153 OF 2023 – APPLICATION
FOR MATERIAL CHANGE OF USE – RELOCATABLE HOME PARK (COMMUNITY AND
AFFORDABLE HOUSING – 32 DWELLINGS) AT 55 AND 70 CARPENTERS RD
COOROY
Author Acting Co-ordinator Planning, Nadine Gorton
Development & Regulation Department
Index ECM/ Application/ MCU22/0039/ Case/ D153/2023/ Heidi Meyer
Attachments 1. ATTACHMENT 1 – MCU22 0039 – Acting Coordinator Planning, Report
EXECUTIVE SUMMARY
This report advises Council that an appeal has been lodged against a decision made by Council to
refuse a development application for a Material Change of Use - Relocatable Home Park
(Community and Affordable Housing – 32 Dwellings) at 55 and 70 Carpenters Road, Cooroy
The application was refused due to significant conflicts with the Noosa Plan 2020 including that the
site was not suitable for the proposed development as it was not well located, adjoined industrial
land, was not serviced by required infrastructure and was inconsistent with the Noosa Housing
Strategy 2022. While the proposed concept is not without merit as it sought to provide a
commendable response to the housing crisis, the development was out of character with the existing
and planned development for the area and insufficient information was provided demonstrating how
the affordable housing use would be provided.
The matter is in order for Council to defend the appeal.
RECOMMENDATION
That Council note the report by the Acting Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 October 2023 regarding Planning & Environment Court Appeal No.
D153 of 2023 and agree to defend the appeal.
Page 48 of 68
Page 49
ATTACHMENT 1 – MCU22/0039 – ACTING COORDINATOR PLANNING, REPORT
REPORT
On 17 August 2023, Council at its Ordinary meeting resolved to refuse a development application
for a Material Change of Use - Relocatable Home Park (Community and Affordable Housing – 32
Dwellings) at 55 and 70 Carpenters Road, Cooroy for the following reasons:
1. The proposed development is contrary to Section 3.2.2 of the Strategic Intent and Sections
3.3.1(b), (f) and 3.3.3 (a), (b), (c), (d), (e), (f) and (k) of the Strategic Outcomes of the Noosa
Plan 2020 as:
a. The proposed development is located outside the Urban Boundary, intrudes into a rural
residential area, and does not integrate well with the existing settlement pattern and
the broader urban areas of the Cooroy community.
b. The land is not suited or designated for the proposed housing form.
c. The land is located in the vicinity of industrial land uses and industrial zoned land that
has the potential to impact the amenity of residents.
d. The proposed development is likely to inhibit the development and future use of 70
Carpenters Road and land zoned Low Impact Industry in Jarrah Street due to potential
reverse amenity impacts.
e. The proposed development will need to provide its own infrastructure and is located
outside the Priority Infrastructure Area.
2. The proposed development is contrary to Overall Outcomes 2(b), (j), (l), (p), and PO14 of the
Local Plan Code for Cooroy which details that development is to be limited to land within the
urban boundary. The site is located outside the urban boundary and does not respond or
integrate well with Cooroy’s country town feel, with attached housing planned close to the town
centre and low to medium density semi-attached housing dispersed through existing
residential neighbourhoods.
3. The proposal is contrary to the Rural Residential Zone Code as the development will not
result in a high level of amenity for residents and it does not achieve the zoning intent for
houses on larger lots.
4. The proposal is contrary to the Overall Outcomes 2(c), (d), (f), (g) and (h) and PO1, AO1.1,
AO1.2, AO1.3, AO1.4, PO4, AO4, PO6, PO7 and PO9 of the Special Residential Zone Code
as:
a. The proposal does not have reasonable access to a variety of essential services and
facilities, including retail, commercial, social and medical facilities and public transport.
b. The proposal is not located so as to avoid conflicts with surrounding land uses.
c. The proposal is of a high density that is not compatible with the zoning intent and the
preferred character of the area. The proposal is of a design, layout and intensity that will
not integrate with the broader neighbourhood and allow residents to interact with the
wider community.
d. The proposed development is not appropriately sited and designed in a manner that is
compatible with the developed character of the area.
5. The proposal does not meet PO6 of the Driveways and Parking Code as the proposal
provides no car parking for likely visitors to the development.
6. The proposal has not demonstrated that safe and satisfactory roadway configuration is
achievable to the site from the Carpenters Road and Mary Street/ Jarrah Street roundabout.
7. The proposal does not meet PO6 of the Bushfire Hazard Overlay Code as it has not been
demonstrated that an efficient and safe evacuation route is available to residents and that
emergency vehicles can access the site.
Page 1 of 3
Page 49 of 68
Page 50
8. The proposal is not consistent with actions A5.3.1 to A5.3.6, A5.6.2, A5.6.3, and A5.7.2 of
the Noosa Housing Strategy 2022 as:
a. The land is not located within the urban boundary and is more than 400m from the town
centre, school and public transport.
b. The land is located where it would have a reverse amenity impact on industrial
business and land committed for industrial purposes.
c. The proposal is not well integrated within the community and is clustered in an isolated
area.
9. The proposal is unlikely to satisfactorily deliver the social outcomes sought as:
a. The land is not suited for the proposed development it has poor accessibility,
adjoins industrial land and is not well connected to services.
b. The proposal has not been designed to integrate well with the neighbourhood and
within the community with driveways extending around the permitter of the site and the
density not consistent with the surrounding character.
c. The applicant has provided no clear mechanisms that can be conditioned through a
development approval to achieve the proposed social/affordable housing outcomes.
10. The applicant has not demonstrated that the proposed development will not interfere with
koala habitat mapped by the state as being Core Koala Habitat Area or that the works in this
area are considered exempt works.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court. The applicant seeks that the development be approved
subject to reasonable and relevant conditions.
The matter is in order for Council to defend the appeal and the recommendation is worded
accordingly.
Previous Council Consideration
Not Applicable
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Page 2 of 3
Page 50 of 68
Page 51
Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director Director
Chief Executive Officer Community Development Financial Services
Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Governance Customer Experience Commercial Property
Strategy & Environment & Development & Regulation Infrastructure Services
Sustainable Development
Director x Director Director
Strategic Land Use Planning x Development Assessment Infrastructure Planning, Design
and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health Asset Management
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
Waste
Page 3 of 3
Page 51 of 68
Page 52
PLANNING & ENVIRONMENT COMMITTEE MEETING 10 OCTOBER 2023
5.5 PLANNING & ENVIRONMENT COURT APPEAL NO. D133 OF 2023 – APPLICATION
FOR BUILDING WORKS FOR A DWELLING HOUSE AT 60 SEAVIEW TCE, SUNSHINE
BEACH
Author Acting Co-ordinator Planning, Nadine Gorton
Development & Regulation Department
Index ECM / Application / DBW21/0216 / Case / D133/2023 EVJ Holdings Pty Ltd
Attachments 1. ATTACHMENT 1 – DBW21 0216 – ACTING CO-ORDINATOR PLANNING
REPORT
EXECUTIVE SUMMARY
This report advises Council that an appeal has been lodged against a decision made by Council
to refuse an application for a dwelling house at 60 Seaview Terrace, Sunshine Beach.
The application was refused by Council due to non-compliance with the Noosa Plan 2020
requirements for height, site cover, setbacks and overlooking due to issues associated with a
roof top terrace.
The matter is in order for Council to defend the appeal.
RECOMMENDATION
That Council note the report by the Acting Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 October 2023 regarding Planning & Environment Court Appeal
No. D133 of 2023 and agree to defend the appeal.
Page 52 of 68
Page 53
ATTACHMENT 1 – DBW21/0216 – ACTING CO-ORDINATOR PLANNING REPORT
REPORT
On 20 July 2023 Council at its Ordinary meeting resolved to refuse an application for a new dwelling
house to be constructed at 60 Seaview Terrace, Sunshine Beach for the following reasons:
1. The proposal does not comply with Acceptable Outcome AO7.1 and corresponding
Performance Outcome PO7 of the Low Density Residential Zone Code as it:
i. Is proposed to exceed 8 metres in building height from finished ground level;
ii. Will visually dominate the surrounding area; and
iii. Has the potential to obstruct views and cause overshadowing of dwellings within
proximity of the site.
2. The proposal does not comply with Acceptable Outcome AO8.1 and corresponding
Performance Outcome PO8 of the Low Density Residential Zone Code as it:
i. Exceeds site cover requirements of 50% for one storey and 30% for the other storey
or 40% for both storeys;
ii. Is not of a scale that is compatible with surrounding development;
iii. Has not included the opportunity for soft landscaping between buildings; and
iv. Presents an appearance of bulk to adjacent properties.
3. The proposal does not comply with Acceptable Outcome AO9.3 and corresponding
Performance Outcome PO9 of the Low Density Residential Zone Code as:
i. The northern side boundary setback does not comply with minimum side setback
requirements;
ii. The built to boundary garage and bin structures do not comply with minimum side
setback requirements;
iii. Will impact on the visual and acoustic amenity of adjoining premises;
iv. Has the capacity to cause issues of overlooking of private open space of adjoining
premises; and
v. Does not provide adequate distance from adjoining land uses.
4. The proposal does not comply with Acceptable Outcome AO16.3 and corresponding
Performance Outcome PO16 of the Low Density Residential Zone Code as the proposed
rooftop terrace will have the potential to obstruct views of dwellings within proximity of the
site and create issues of overlooking to neighbouring properties. the privacy walls associated
with the proposed roof top terrace will also create excessive bulk to neighbouring properties.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court. The applicant seeks that the development be approved
subject to reasonable and relevant conditions.
Since lodgement of the appeal, the applicant has requested an on-site meeting to discuss the
proposed dwelling. This meeting is expected to occur in the next few weeks with Council officers
and planning solicitor for the appeal.
The matter is in order for Council to defend the appeal and the recommendation is worded
accordingly.
Previous Council Consideration
Not Applicable
Page 53 of 68
Page 54
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
Thynee Macartney – Tim Quirk
Internal Consultation
Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director Director
Chief Executive Officer Community Development Financial Services
Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Governance Customer Experience Commercial Property
Strategy & Environment & Development & Regulation Infrastructure Services
Sustainable Development
Director x Director Director
Strategic Land Use Planning x Development Assessment Infrastructure Planning, Design
and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health Asset Management
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
Waste
Page 2 of 2
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Page 55
PLANNING & ENVIRONMENT COMMITTEE MEETING 10 OCTOBER 2023
6.1 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY AUGUST 2023
Author Development Assessment Manager, Patrick Murphy
Development & Regulation Department
Index ECM/Subject/All Applications
Attachments 1. ATTACHMENT 1 - LIST OF APPLICATIONS APPROVED BY
DELEGATED AUTHORITY - AUGUST 2023
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 10 October 2023 regarding planning applications that have
been decided by delegated authority.
REPORT
The Local Government Act 2009 allows, by resolution, a local government to delegate its powers to
the Mayor, CEO, a standing committee or a joint standing committee and the CEO to delegate those
powers to another employee of Council.
Under the current delegations for the Planning Act 2016 the ability to manage, assess and decide a
range of development applications are delegated to officers with the exception of the following which
are reported to Council for a decision:
a. an application for a variation request mentioned in section 61 of the Planning Act 2016 to
vary the effect of the planning scheme;
b. the approval of an application where there is substantial non-compliance with a stated policy
of the Council or a high order provision of the Planning Scheme being a desired
environmental outcome, or an overall outcome of a code;
c. the refusal of any application where Council is the assessment manager;
d. requests for change representations, and change applications to change or delete conditions
that were imposed by Council at an Ordinary Meeting or a Special Meeting;
e. and an application for a proposed development of significant community interest.
It should be noted though that due to the strict time frames of the Planning Act 2016, officers under
the current delegations have the ability to decide an application where the application has the
potential for 'deemed approval'.
In accordance with the current delegations, a wide range of development applications are decided
by Council officers each month, with a limited number of applications reported to Council for a
decision.
Attachment 1 lists applications that are decided by delegated authority during the month of August
2023 (excluding applications seeking to remove a tree(s) adjacent to a building or structure) with the
table below providing a snapshot of the total applications determined for the month.
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PLANNING & ENVIRONMENT COMMITTEE MEETING 10 OCTOBER 2023
Approved Refused
Development Applications Decided - August 2023
Material Change of Use 12 1
Reconfiguring a Lot 1
Building Work Assessable Against the Planning Scheme 10
Exemption Certificate 5
Operational works (includes combined with MCU) 10
TOTAL – APPLICATIONS DETERMINED UNDER DELEGATION 38 (97%)
TOTAL - APPLICATION DETERMINED BY COUNCIL 1 (3%)
Link to Corporate Plan
Not applicable.
Previous Council Consideration
Nil.
Finance
Nil.
Risk & Opportunities
Nil.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director Director
Chief Executive Officer Community Development Financial Services
Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Governance Customer Experience Procurement
Commercial Property
Strategy & Environment Development & Regulation Infrastructure Services
Director X Director Director
Strategic Land Use Planning X Development Assessment Infrastructure Planning,
Design and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health Waste
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
Page 56 of 68
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ATTACHMENT 1
Decision Issued Under Delegated Authority
1 Application ID: 132000.200165.1
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Ian D Roderick, Mary Mpala-Roderick
Registered Plan: Lot 11 SP 139015, SP 135565
Location: Summer Houses 11/5 Riverstone Court, Tewantin
Proposal: 19443 DA - Change to Development Approval - Addition to Lot 11 (Group House Devel
(7 houses) - M Mpala-Roderick & I Roderick - Ken Drew Town Planning P/L
Decision: Approved
Decision Made Date: 25/08/2023
2 Application ID: 132005.1600.02
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Corporation Of Trustees Of Roman Catholic Archdiocese
Registered Plan: Lot 1 RP 198277
Location: 75 Ben Lexcen Drive, Sunshine Beach
Proposal: 05/1600 - Change to Development Approval - Add Covered Pedestrian Entry (Educational
Establishment - Prep School Building) - The Corporation of the Trustees of the Roman
Catholic Archdiocese of Brisbane - Brennan Planning
Decision: Approved
Decision Made Date: 10/08/2023
3 Application ID: 132008.107.01
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Marinus Xenon Jansen, Julie Ann Jansen
Registered Plan: Lot 10 M 11113
Location: 41 Tristania Drive, Marcus Beach
Proposal: 08/0107 - Change to Development Approval - Alterations & Additions to Dwelling House -
Julie & Marinus Jansen - Brennan Planning
Decision: Approved
Decision Made Date: 09/08/2023
Page
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4 Application ID: 51901.4395.04
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Danya Cook Town Planning
Registered Plan: SP 248274, Lot 3 SP 248274
Location: Alamode 1/27 Noosa Parade, Noosa Heads
Proposal: TPC 527 - Minor Change to Development Approval - to internal floor plan, enclose deck -
Danya Cook Town Planning
Decision: Approved
Decision Made Date: 30/08/2023
5 Application ID: 51993.564.01
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Roger Harold Noakes, Carolyn Therese Noakes
Registered Plan: Lot 1 BUP 100158, BUP 100158
Location: Sonoma 1/10 Sunseeker Close, Noosaville
Proposal: TPC 2553 - Change to Development Approval - Alterations & Additions to Unit 1
(DUPLEX DWELLING) - Roger & Carolyn Noakes - Danya Cook Town Planning
Decision: Approved
Decision Made Date: 01/08/2023
6 Application ID: DBW22/0180
Application Type: Building Work Assessable Against the Planning Scheme - Code
Applicant: Project BA
Registered Plan: Lot 21 RP 225631
Location: 3 Cassowary Court, Doonan
Proposal: Additions to Dwelling House (Setbacks & Structures exceeding 500 m²) - Project BA
Decision: Approved
Decision Made Date: 25/08/2023
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7 Application ID: DBW23/0030
Application Type: Building Work Assessable Against the Planning Scheme - Code
Applicant: EarthCert Pty Ltd
Registered Plan: Lot 801 RP 910420
Location: 27 The Anchorage, Noosaville
Proposal: Works within 4.5m of Revetment Wall - EarthCert Pty Ltd
Decision: Approved
Decision Made Date: 08/08/2023
8 Application ID: DBW23/0038
Application Type: Building Work Assessable Against the Planning Scheme - Code
Applicant: Beatrice Anne Marshall
Registered Plan: Lot 2 RP 908667
Location: 30 Upper Pinbarren Creek Road, Pinbarren
Proposal: Additions to Dwelling House in Riparian Buffer Area (Secondary Dwelling over 65 sqm) -
Beatrice Anne Marshall
Decision: Approved
Decision Made Date: 28/08/2023
9 Application ID: DBW23/0052
Application Type: Building Work Assessable Against the Planning Scheme - Code
Applicant: Adi Putra Ngurah Gusti
Registered Plan: Lot 3 RP 851728
Location: 143 Goodchap Street, Noosaville
Proposal: Alterations & Additions to Dwelling House & reduced carparking - Brennan Planning
Decision: Approved
Decision Made Date: 17/08/2023
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10 Application ID: DBW23/0059
Application Type: Building Work Assessable Against the Planning Scheme - Code
Applicant: Nire 4 Pty Ltd TTE
Registered Plan: Lot 705 P 93127
Location: 28 Lorikeet Drive, Peregian Beach
Proposal: Dwelling House (Coastal Protection) - Nire 4 Pty Ltd (TTE) - Pivotal Perspective Pty Ltd
Decision: Approved
Decision Made Date: 14/08/2023
11 Application ID: DBW23/0061
Application Type: Building Work Assessable Against the Planning Scheme - Code
Applicant: EarthCert Pty Ltd
Registered Plan: Lot 81 SP 216088
Location: 219 Ferrells Road, Cooroy
Proposal: Dwelling House (Agricultural Land & Landslide) - EarthCert Pty Ltd
Decision: Approved
Decision Made Date: 15/08/2023
12 Application ID: DBW23/0064
Application Type: Building Work Assessable Against the Planning Scheme - Code
Applicant: NND Constructions
Registered Plan: Lot 2 RP 167264
Location: 885 Cooroy Noosa Road, Lake Macdonald
Proposal: Shed (Riparian Buffer Overlay) - NND Constructions - Project BA
Decision: Approved
Decision Made Date: 22/08/2023
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13 Application ID: DBW23/0066
Application Type: Building Work Assessable Against the Planning Scheme - Code
Applicant: Titan Enterprises Pty Ltd
Registered Plan: Lot 8 RP 202437
Location: 134 Ferrells Road, Cooroy
Proposal: Shed (Riparian Buffer Overlay, Landslide & Agricultural Land) - Titan Enterprises Pty
Ltd - Suncoast Building Approvals
Decision: Approved
Decision Made Date: 17/08/2023
14 Application ID: DBW23/0072
Application Type: Building Work Assessable Against the Planning Scheme - Code
Applicant: Queensland Family Pools and Spas Pty Ltd
Registered Plan: Lot 1 SP 264702
Location: 11 Maguires Lane, Cooran
Proposal: Pool in Riparian Buffer Zone - Queensland Family Pools and Spas Pty Ltd - Professional
Certification Group Pty Ltd
Decision: Approved
Decision Made Date: 21/08/2023
15 Application ID: EXE23/0021
Application Type: Exemption Certificate - Planning Act Request
Applicant: EarthCert Pty Ltd
Registered Plan: Lot 13 SP 193558
Location: 15 Sallwood Court, Pinbarren
Proposal: Exemption from Code Assessment for Garage & Pool in Landslide - EarthCert Pty Ltd
Decision: Approved
Decision Made Date: 25/08/2023
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16 Application ID: EXE23/0025
Application Type: Exemption Certificate - Planning Act Request
Applicant: Fluid Building Approvals
Registered Plan: Lot 4 RP 216712
Location: 24 King Parrot Lane, Black Mountain
Proposal: Exemption from Code Assessment for Shed within 200m of Agricultural Land - Fluid
Building Approvals
Decision: Approved
Decision Made Date: 25/08/2023
17 Application ID: EXE23/0026
Application Type: Exemption Certificate - Planning Act Request
Applicant: Pure Building Approvals
Registered Plan: Lot 1 RP 191236
Location: 528 Pomona Kin Kin Road, Pinbarren
Proposal: Exemption from Code Assessment for Additions to Dwelling House (Within 200m of
Agricultural Land) - Pure Building Approvals
Decision: Approved
Decision Made Date: 02/08/2023
18 Application ID: EXE23/0027
Application Type: Exemption Certificate - Planning Act Request
Applicant: Project BA
Registered Plan: Lot 3 RP 189879
Location: 72 Wust Road, Cooroy
Proposal: Exemption for Code Assessment for Shed in Landslide - Project BA
Decision: Approved
Decision Made Date: 09/08/2023
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19 Application ID: EXE23/0030
Application Type: Exemption Certificate - Planning Act Request
Applicant: Professional Certification Group Pty Ltd
Registered Plan: Lot 17 SP 156391
Location: 7 Morning Dew Clise, Cooribah
Proposal: Exemption from Code Assessment for Pool in Flood Overlay - Professional
Certification Group
Decision: Approved
Decision Made Date: 25/08/2023
20 Application ID: MCU20/0159.01 & OPW20/0245.01
Application Type: Combined Application - Material Change of Use & Operational Works - Minor Change to
Approval
Applicant: Karloo Constructions
Registered Plan: Lot 4 SP 295958
Location: 11 Vision Court, Noosaville
Proposal: Change to Development Application - Fencing Condition 15 (Low Impact Industry) &
Drainage Work, Landscaping, Stormwater, Earthworks, Carparking & Crossover - Karloo
Constructions - Building Suncoast Green
Decision: Approved
Decision Made Date: 01/08/2023
21 Application ID: MCU21/0002.01 & OPW21/0015.01
Application Type: Combined Application - Material Change of Use & Operational Works - Minor Change to
Approval
Applicant: Karloo Constructions
Registered Plan: Lot 5 SP 295958
Location: 13 Vision Court, Noosaville
Proposal: Change to Development Approval - Fencing Condition 15 (Low Impact Industry) &
Drainage Work, Landscaping, Stormwater, Earthworks, Carparking & Crossover - Karloo
Constructions - Building Suncoast Green
Decision: Approved
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Decision Made Date: 15/08/2023
22 Application ID: MCU22/0145 & OPW22/0212
Application Type: Combined Application - Material Change of Use & Operational Works – Code
Applicant: JMML Investments Pty Ltd
Registered Plan: BUP 4358, Lot 1 BUP 4358, Lot 2 BUP 4358
Location: Blue Vista 3 Henderson Street, Sunshine Beach
Proposal: Multiple Dwelling (3 units) & Road Work, Landscaping, Stormwater & Earthworks - JMML
Investments Pty Ltd - Pivotal Perspective Pty Ltd
Decision: Approved
Decision Made Date: 22/08/2023
23 Application ID: MCU22/0194
Application Type: Material Change of Use - Code
Applicant: Fastwin Investments P/L TTE
Registered Plan: Lot 106 C 5604
Location: 31 Tewantin Road, Cooroy
Proposal: Multiple Dwelling (3 units) - Fastwin Investments Pty Ltd – Adams + Sparkes Town Planning
Decision: Approved
Decision Made Date: 14/08/2023
24 Application ID: MCU23/0046
Application Type: Material Change of Use - Code
Applicant: Dannielle Louise Young
Registered Plan: Lot 38 RP 228902
Location: 4 Gumdale Court, Noosaville
Proposal: Home Based Business - Dannielle Louise Young
Decision: Approved
Decision Made Date: 08/08/2023
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25 Application ID: MCU23/0077
Application Type: Material Change of Use - Code
Applicant: Kayla Marshall, Luke Marshall
Registered Plan: Lot 8 RP 901384
Location: Sunrise Neighbourhood Shop 7/2 Grasstree Court, Sunrise Beach
Proposal: Extension to Existing Shop - Luke & Kayla Marshall - RG Strategic
Decision: Approved
Decision Made Date: 01/08/2023
26 Application ID: MCU23/0088
Application Type: Material Change of Use - Code
Applicant: Australian Telecommunications Commission
Registered Plan: Lot 5 SP 196846
Location: 88 Goodchap Street, Noosaville
Proposal: Telecommunications Facility (Additions to Existing) - Telstra (Australian
Telecommunications Commission) - Decon
Decision: Approved
Decision Made Date: 24/08/2023
27 Application ID: OPW22/0251
Application Type: Operational Works - Code
Applicant: Pipiriki Pty Ltd C/- Long View Consulting Engineers
Registered Plan: Lot 164 CP 907410
Location: 172 Gympie Terrace, Noosaville
Proposal: Revetment Wall Reconstruction - Pipirki Pty Ltd C/- Long View Consulting Engineers
Decision: Approved
Decision Made Date: 21/08/2023
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28 Application ID: OPW23/0077
Application Type: Operational Works - Code
Applicant: Jane Margaret Blake, Yellow Tin Pastoral
Registered Plan: Lot 77 MCH 546
Location: 42 Lukes Road, Cooroy Mountain
Proposal: Drainage, Stormwater. Earthworks, Roadworks & Carparking - Yellow Tin Pastoral C/-
Adapt Development Management Pty Ltd
Decision: Approved
Decision Made Date: 10/08/2023
29 Application ID: OPW23/0100
Application Type: Operational Works - Code
Applicant: Ashburton Pastoral Company P/L TTE
Registered Plan: Lot 4 T 16337
Location: 53 Doonella Street, Tewantin
Proposal: Road work, Landscaping, Access, Stormwater & Earthworks - Ashburton Pastoral Company C/
RG Strategic
Decision: Approved
Decision Made Date: 09/08/2023
30 Application ID: OPW23/0101
Application Type: Operational Works - Code
Applicant: Ashburton Pastoral Company P/L
Registered Plan: Lot 5 RP 73672
Location: 55 Doonella Street, Tewantin
Proposal: Road work, Landscaping, Access, Stormwater & Earthworks- Ashburton Pastoral Company C/
RG Strategic
Decision: Approved
Decision Made Date: 09/08/2023
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31 Application ID: OPW23/0114
Application Type: Operational Works - Code
Applicant: Avalon Projects Pty Ltd
Registered Plan: Lot 5 RP 69150
Location: 11 Ann Street, Noosaville
Proposal: Vehicle Crossover - Avalon Projects
Decision: Approved
Decision Made Date: 16/08/2023
32 Application ID: OPW23/0116
Application Type: Operational Works - Code
Applicant: Jaclyn Ann Gazal
Registered Plan: Lot 88 N 21847
Location: 47 Mossman Court, Noosaville
Proposal: Pontoon - Jaclyn Ann Gazal - Superior Jetties
Decision: Approved
Decision Made Date: 18/08/2023
33 Application ID: OPW23/0118
Application Type: Operational Works - Code
Applicant: Richard James Edwards, Shirley Ann Edwards
Registered Plan: Lot 36 RP 888575
Location: 76 Woodhaven Way, Cooroibah
Proposal: Vehicle Crossover - Richard & Shirley Edwards
Decision: Approved
Decision Made Date: 25/08/2023
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34 Application ID: RAL21/0014.01 & DBW21/0127.01
Application Type: Reconfiguring a Lot & Building Works - Minor Change to Approval
Applicant: Kate Elizabeth Mayne, Kent Leslie Mayne
Registered Plan: Lot 11 RP 43995, Lot 12 SP 335334, Lot 11 SP 335334
Location: 13 Rectory Street, Pomona
Proposal: Change to Development Approval - Height (Boundary Realignment) & Building Works within
a Heritage Area - Kate & Kent Mayne - Adapt Development Management Pty Ltd
Decision: Approved
Decision Made Date: 02/08/2023
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