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2022-06-16 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday 16 June 2022
commencing at 5pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING AGENDA 16 JUNE 2022
TABLE OF CONTENTS
ITEM PAGE
1. ATTENDANCE & APOLOGIES 3
2. CONFIRMATION OF MINUTES 3
3. MAYORAL MINUTES 3
4. PETITIONS 3
5. NOTIFIED MOTIONS 4
1 NOTIFIED MOTION – CR AMELIA LORENTSON – BURGESS CREEK 4
6. PRESENTATIONS 7
7. DEPUTATIONS 7
8. CONSIDERATION OF COMMITTEE REPORTS 8
1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 7 JUNE 2022 8
2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT 7 JUNE 2022 13
3 GENERAL COMMITTEE MEETING REPORT 7 JUNE 2022 17
9. ORDINARY MEETING REPORTS 30
1 FURTHER REPORT – MCU21/0146 DEVELOPMENT APPLICATION FOR A
MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING (90 DWELLING UNITS) AT
28 EENIE CREEK ROAD, NOOSAVILLE 30
10. CLOSED SESSION 49
11. PUBLIC QUESTION TIME 49
12. NEXT MEETING 49
13. MEETING CLOSURE 49
Page 2 of 49
Section 3
ORDINARY MEETING AGENDA 16 JUNE 2022
1. ATTENDANCE & APOLOGIES
2. CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 19 May 2022 be received and confirmed.
3. MAYORAL MINUTES
4. PETITIONS
Page 3 of 49
Section 4
ORDINARY MEETING AGENDA 16 JUNE 2022
5. NOTIFIED MOTIONS
1 NOTIFIED MOTION – CR AMELIA LORENTSON – BURGESS CREEK
NOTICE OF MOTION
SUBMITTED BY COUNCILLOR: Cr Lorentson
COUNCIL MEETING: Ordinary Meeting, 16 June 2022
I hereby notify of my intention to move the following motion at the Ordinary Meeting
to take place on Thursday, 16 June 2022:
That Council request the Chief Executive Officer to provide a report to a future meeting outlining:
A. Actions to be undertaken by Council to manage the Burgess Creek Mouth, including erosion
management;
B. Council’s current and future plans in relation to the management of outflows and water quality
from the Unity Water Wastewater Treatment Plant discharging into Burgess Creek;
C. Council’s obligations as a trustee, including, but not limited to:
1. Council’s responsibilities and obligations for stormwater pipes, culverts and other
infrastructure which stormwater and treated wastewater are channelled;
2. Council’s duties in respect of downstream erosion caused to dunes and beaches as a
result of storm water discharge and wastewater outflows from the Unity Water
Wastewater Treatment Plant; and
D. Possible funding options and opportunities from State and Federal governments for long-term
infrastructure solutions.
9 June 2022
Councillor Lorentson Date
To all Councillors and Directors
I hereby confirm that Cr Lorentson intends to move the motion shown above at the Ordinary
Meeting to be held on 16 June 2022.
9 June 2022
Chief Executive Officer Date
Page 4 of 49
Section 5
ORDINARY MEETING AGENDA 16 JUNE 2022
COUNCILLOR COMMENT
The Northern End of Sunshine Beach to Plover Street at Peregian is a Reserve under the Qld Land
Act for Recreational Purposes of which Council is a Trustee.
Under the Act, Noosa Council is bound as trustee over State land to exercise its duty of care for the
land and the beaches under its control.
The motion requests that Council resolve the matters addressed in the motion regarding Burgess
Creek.
Over the last 2 months, I have been met with residents regarding the significant damage of the
Burgess Creek Foreshore and concerns regarding the discolouration of the Burgess Creek flow.
They are concerned that the treated wastewater and stormwater flowing out of Burgess Creek is
causing possible pollution, possible health risks and significant erosion to our dunes and beaches.
The 4 metre drop from the dunes to the beach is a potential source of injury for beach-users. And
the erosion is threatening public infrastructure, roads and the coastal ecosystem.
Historically, Council has dug the creek and redirected the flow into the ocean.
Residents have raised concern, that failure to have done so over recent months, and the recent
downpour that they believe has pushed all the stormwater into the creek plus the treated wastewater
from Unity Water, has resulted in the significant foreshore damage.
The treated wastewater and stormwater are flowing consistently, eroding dunes by what some
residents estimate at 2 metres a day.
Over the last two months CEO and Council staff have met with residents and have advised residents
that action is underway to re-establish the river mouth of the Burgess Creek and re-direct the creek
discharge to the ocean.
This motion seeks details of this commitment, data and urgent action, e.g.:
Unity Water figures on amount of wastewater discharge over the last 20 years;
The actual amount of stormwater being discharged into the Creek;
Evidence that the footage entering the creek is in fact naturally occurring tannins;
WARNING - creek water contains treated sewage effluent. How much sewage effluent? What
are acceptable levels?
Including, short-term solutions such as temporarily barricading portions of the beach where there
is a risk of someone being hurt, and other actions such as re-profiling the beaches and sand to stop
the dune erosion.
And longer-term solutions, such as an armour rock revetment system at the creek mouth or the
use of geofabric bags.
Also, this motion requests that Council investigates and explores potential partners and partnership
opportunities and funding with State and Federal government to develop a water management plan.
For example, Bondi Beach:
“In 2012 Waverley Council built the Bondi Stormwater Scheme, which diverts 50 million litres of
stormwater from being discharged into the ocean every year and treats it so it can be re-used for
public cleaning, toilets and irrigation.” Jason Boon, The History of Bondi Sewer
Page 5 of 49
Section 6
ORDINARY MEETING AGENDA 16 JUNE 2022
Noosa residents pay stamp duty and land tax to the State government and given the recent 36.5 %
increase in land valuations, there is a strong case for Council to put together a funding package for
the State government.
“Land valuations overview: Noosa Shire Council On 31 March 2022, the Valuer-General released
land valuations for 22,183 properties with a total value of $13,087,399,600 in the Noosa Shire
Council area. The valuations reflect land values as at 1 October 2021 and show that Noosa Shire
Council has increased by 36.5 per cent overall since the last valuation issued in 2019… There
have been significant increases within the residential market sectors of existing well-located
properties, specifically located close to beach. Canal front properties with quality dwellings have
remained strong since the last valuation.” Resources, Qld Government website.
Noosa Beaches and our coastal dunes are one of our most important natural assets and must be
prioritised.
Burgess Creek: Access 38
Page 6 of 49
Section 7
ORDINARY MEETING AGENDA 16 JUNE 2022
6. PRESENTATIONS
Nil.
7. DEPUTATIONS
Nil.
Page 7 of 49
ORDINARY MEETING AGENDA 16 JUNE 2022
6. PRESENTATIONS
Nil.
7. DEPUTATIONS
Nil.
Page 7 of 49Section 8
ORDINARY MEETING AGENDA 16 JUNE 2022
8. CONSIDERATION OF COMMITTEE REPORTS
1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT - 7 JUNE 2022
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Brian Stockwell (Chair)
Cr Karen Finzel
Cr Tom Wegener
Cr Clare Stewart
Cr Amelia Lorentson (non-Committee Councillor for Item 1-2, 4-7)
Cr Frank Wilkie (non-Committee Councillor)
EXECUTIVE
S Waters, Chief Executive Officer
L Jensen, Acting Director Environment and Sustainable Development
APOLOGIES
Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 MCU21/0009 - APPLICATION FOR A MATERIAL CHANGE OF USE - HOME BASED
BUSINESS (BED AND BREAKFAST) AT 7 BERRIMA ROW, NOOSA HEADS
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 7 June 2022 regarding Application No. MCU21/0009 for a
Development Permit for Material Change of Use - Home-based business (Bed and Breakfast),
situated at 7 Berrima Row, Noosa Heads and:
A. Refuse the application for the following reasons:
1. The development does not provide sufficient car parking and therefore does not
comply with:
a. Overall Outcome 2(c) and Performance Outcome PO12 of the Home Based
Business Code; and
b. Overall Outcome 2(b) and Performance Outcome PO6 of the Driveways and
Parking Code;
2. The development will adversely impact on the surrounding amenity given that
insufficient on site car parking is proposed and therefore does not comply with:
a. Overall outcome i) and Performance Outcome PO3 of the High Density
Residential Zone Code;
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 8 of 49
Section 9
ORDINARY MEETING AGENDA 16 JUNE 2022
2 MCU19/0089.02 & OPW19/0160.02 - PLANNING & ENVIRONMENT COURT APPEAL NO
D928 OF 2022 – MINOR CHANGE TO DEVELOPMENT APPROVAL FOR RETAIL
BUSINESS TYPE 5 VEHICLE USES, RETAIL BUSINESS TYPE 2 SHOP AND
OPERATIONAL WORKS – SIGNAGE AT 52 – 54 MARY STREET NOOSAVILLE
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 7 June 2022 regarding Planning & Environment Court
Appeal D928 of 2022 and agree to defend the appeal.
3 RAL21/0033 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF A LOT (1 LOT
INTO 8 LOTS) AT 60 GLENRIDGE DRIVE COOROIBAH
That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
due to the significance of the issue
4 MCU21/0104 – APPLICATION FOR MATERIAL CHANGE OF USE – UNDEFINED USE -
MOTORCYCLE/SCOOTER SALES AND REPAIR SITUATED AT 16 RENE ST
NOOSAVILLE
That Council note the report by the Development Planner to the Planning and Environment
Committee Meeting dated 7 June 2022 regarding Application No. MCU21/0104 for a Material
Change of Use - Motorcycle/Scooter Sales and Repair, situated at 16 Rene St Noosaville and:
A. Approve the application in accordance with the following conditions:
PLANNING
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.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Sheet Rev. Plan/Document Name Date
No.
A01 C Site Plan and Floor Plan MCU Application, prepared by RG 20/05/2022
Strategic
B01 B MCU Application Plan (elevations rear building), prepared by RG 22/12/2021
Strategic
Currency Period
3. This development approval lapses if the use has not happened by 16 June 2028,
unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4. The approved use includes motorcycle, motor scooter, electric scooter and electric
motorcycle sales, servicing and repairs, including ancillary sale of
motorcycles/scooters and associated accessories.
5. The indoor and outdoor sales use area is limited to the areas identified in pink, as
shown on the approved plan A01, Issue C dated 20/05/22.
Page 9 of 49
Section 10
ORDINARY MEETING AGENDA 16 JUNE 2022
6. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation
of excessive noise, lighting nuisance or other emissions.
Car Parking
7. A minimum of 6 car parking spaces and 2 motorcycle 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, including access to the parking, must be
undertaken in accordance with an Operational Works approval and must include
in particular:
a. 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;
b. Directional signage must be provided to direct customers to the car parking
spaces provided on site.
Service Vehicles
8. Service vehicle parking, manoeuvring, and standing spaces must be provided on
the site and must include in particular a loading bay for a single unit truck 12 metres
x 3.6 metres.
Landscaping
9. The development site must be landscaped in accordance with the approved site
plan and be provided to a minimum of 15% of the site. The works must be
undertaken in accordance with an Operational Works approval and PSP2
Landscaping in Noosa Plan, for that specific area and must include in particular:
a. the works shown on the Approved Plans;
b. A 2 metre wide landscaping strip along the Rene St road frontage of the
subject site, exclusive of the access driveway;
c. 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.
d. All landscape works must be maintained generally in accordance with the
approved design for the life of the development.
Stormwater Drainage
10. 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 and generally in accordance with report titled
“Preliminary Stormwater Management Plan”, rev 0, dated 7 October 2021 and
prepared by RECOR Pty Ltd.
Easements
11. 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.
12. 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.
Page 10 of 49
Section 11
ORDINARY MEETING AGENDA 16 JUNE 2022
13. 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
14. All fill and associated batters must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council.
All earthworks must be undertaken in accordance with the provisions of Australian
Standard AS3798: Guidelines on Earthworks for Commercial and Residential
Developments.
15. Where the development involves excavation or filling over, or adjacent to,
drainage, water supply or sewerage infrastructure, all access chamber surface
levels must be adjusted to provide a freeboard of 100mm above the finished
ground surface level.
16. All retaining walls must be designed and constructed in accordance with the
planning scheme and must be certified by an RPEQ where exceeding 1.0m in
height. All retaining walls that are publicly accessible and exceed 1.0m in height
must be fitted with a commercial grade safety fence.
Damage to Services and Assets
17. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the
development.
Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C. Find the following matters relevant to the assessment and sufficient reason to approve
the ‘Motorcycle/Scooter Sales’ component of the application:
a. The proposal is complementary and directly associated with the proposed
industrial use.
b. The proposal will not compromise the use of the area from being used for
predominantly industrial activities.
5 CLIMATE CHANGE RESPONSE GRANTS – 2022/23 ROUND ONE
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a prescribed conflict of interest in this matter in relation
to the proposed funding allocations to the Noosa Lions Football Club. I am the current President of the
Noosa Lions Football Club and was responsible for the grant applications currently before Council. As
a result of my conflict of interest, I will now leave the meeting room while the matter is considered and
voted on.
That Council note the report by the Carbon Reduction Project Officer to the Planning &
Environment Committee Meeting dated 7 June 2022 and approve the Climate Change
Response Grants as outlined in Attachment 1 to this report.
Page 11 of 49
Section 12
ORDINARY MEETING AGENDA 16 JUNE 2022
6 ENVIRONMENT GRANTS – ROUND 17
That Planning & Environment Committee Agenda Item 6 be referred to the General Committee
for further consideration.
7 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – APRIL 2022
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 7 June 2022 regarding planning applications that have
been decided by delegated authority for April 2022.
Committee Recommendation
That the report of the Planning & Environment Committee dated 7 June 2022 be received and the
recommendations therein be adopted except where dealt with by separate resolution
Page 12 of 49
Section 13
ORDINARY MEETING AGENDA 16 JUNE 2022
2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT - 7 JUNE 2022
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Joe Jurisevic (Chair)
Cr Amelia Lorentson
Cr Clare Stewart
Cr Frank Wilkie
Cr Tom Wegener (non-Committee Councillor)
Cr Karen Finzel (non-committee Councillor)
EXECUTIVE
S Waters, Chief Executive Officer
L Sengstock, Director Infrastructure Services
T Grauf, Acting Director Corporate Services
K Contini, Director Community Services
APOLOGIES
Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 CONTRACT NO. T000067 – REGISTER OF PRE-QUALIFIED SUPPLIERS FOR
PROVISION OF TRADE SERVICES
That Council note the report by the Buildings and Facilities Coordinator to the Services &
Organisation Committee Meeting dated 7 June 2022, and
A. Award Contract No. T000067 for a Register of Pre-qualified Suppliers for the Provision
of Trade Services for a period of two (2) years commencing on 23 June 2022 to the
suppliers listed in Attachment 2 to the report.
B. Subject to satisfactory performance of the suppliers, authorise the CEO to approve the
option to extend the contract at the expiry of initial term for a further two (2) terms of up
to two (2) years each ending on 22 June 2028.
2 REQUEST FOR QUOTATION FOR LIFEGUARD SERVICES - SURF LIFESAVING
QUEENSLAND
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter as my
daughter, Giorgia Lorentson, is employed by Surf Life Saving Queensland (SLSQ) as a casual
lifeguard. It could be viewed that I have a have a conflict of interest, however I do not believe a
reasonable person could have a perception of bias as my daughter’s employment is of a casual nature
and not exclusively bound to SLSQ. Therefore, there is no benefit or loss specific to my daughter, from
the outcome of this application. Therefore, I will choose to remain in the meeting room. However, I will
respect the decision of the meeting on whether I can remain and participate in the decision.
Page 13 of 49
Section 14
ORDINARY MEETING AGENDA 16 JUNE 2022
That Council note the report by the Property Manager to the Services & Organisation
Committee Meeting dated 7 June 2022 and:
A. Apply the exception to the requirement for entering into a medium-sized contractual
arrangement or large sized contractual arrangement without first inviting written quotes
or tenders under Section 235 (a) of the Local Government Regulation 2021 as there is
only one supplier who is reasonably available to provide the service;
B. Note while a written quote is not specifically required to engage Section 235 (a) of the
Local Government Regulation 2012 a formal quotation process is preferred because it:
1. Enables an assessment of the quotation to be completed against nominated
assessment criteria;
2. Provides the opportunity to determine and confirm value for money to Council and
the community;
3. Supports the principles of transparent and evidence-based decision making;
C. Issue a Request for Quotation for Lifeguard Services to Surf Lifesaving Queensland in
accordance with Section 235 (a) of the Local Government Regulation 2012 given Surf
Lifesaving Queensland is the only supplier identified by Council as reasonably able to
provide the service;
D. Agree to the quotation assessment criteria and weightings detailed in the report;
E. Note the new Lifeguard Services Agreement term is proposed to be for an initial 1 x 5
year term and an additional 1 x 5 year option (current agreement terms) with the new
agreement to commence 29 October 2022; and
F. Agree to consider a further report at a future round of Council meetings detailing the
assessment results of Surf Lifesaving Queensland’s Request for Quotation response.
3 2022 – 2023 COMMUNITY GRANTS PROGRAM – COMMUNITY PROJECT GRANTS
(ROUND ONE) AND THREE-YEAR AGREEMENTS - OVERVIEW
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 7 June 2022 regarding Round One 2022-23
Community Project Grants and the Three-Year Alliance, Signature and Festive Season
Agreements subject to adoption of Council’s 2022/23 budget.
4 2022 – 2023 COMMUNITY PROGRAM FUNDING – COMMUNITY PROJECT GRANTS
(ROUND ONE) - EVENTS
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation to
the funding recommendation to Noosa Rugby Union Club Inc. My husband is a member and sponsor
and my son plays for this club. Although I have a declarable conflict of interest, I do not believe a
reasonable person could have a perception of bias because I believe I do not stand to receive a personal
benefit or loss in relation to this funding. Therefore, I will choose to remain in the meeting room. However,
I will respect the decision of the meeting on whether I can remain and participate in the decision.
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 7 June 2022 and approve Round One 2022-23
Community Project Grants – Events provided in Attachment 1 to this report subject to adoption
of Council’s 2022/23 budget.
Page 14 of 49
Section 15
ORDINARY MEETING AGENDA 16 JUNE 2022
5 2022 – 2023 COMMUNITY PROGRAM FUNDING – COMMUNITY PROJECT GRANTS
(ROUND ONE) - EQUIPMENT
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 7 June 2022 and approve Round One 2022-23
Community Project Grants – Equipment provided in Attachment 1 to this report subject to
adoption of Council’s 2022/23 budget.
6 2022 – 2023 COMMUNITY PROGRAM FUNDING – COMMUNITY PROJECT GRANTS
(ROUND ONE) - INFRASTRUCTURE
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 7 June 2022 and approve Round One 2022-23
Community Project Grants – Infrastructure provided in Attachment 1 to this report subject to
adoption of Council’s 2022/23 budget.
7 2022 – 2023 COMMUNITY PROGRAM FUNDING – COMMUNITY PROJECT GRANTS
(ROUND ONE) – PROGRAM/PROJECTS
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 7 June 2022 and approve Round One 2022-23
Community Project Grants – Program/ Projects provided in Attachment 1 to this report subject
to adoption of Council’s 2022/23 budget.
8 2022 – 2023 COMMUNITY GRANTS – THREE YEAR COMMUNITY ALLIANCE
AGREEMENTS
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following
declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Wilkie, inform the meeting that I have a prescribed conflict of interest in this matter as I am an
executive member (president) of the Noosa Arts Theatre, one of the recommended recipients of an
Alliance Grant. As a result of my conflict of interest, I will now leave the meeting room while the matter
is considered and voted on.
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 7 June 2022 and approve 22/23 Three Year
Community Alliance agreements as provided in Attachment 1 to this report subject to adoption
of Council’s 2022/23 budget.
9 2022 – 2023 COMMUNITY GRANT PROGRAM – THREE SIGNATURE COMMUNITY
EVENTS GRANTS
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation to
the funding recommendation to Noosa Rugby Union Club Inc. My husband is a member and sponsor
and my son plays for this club. Although I have a declarable conflict of interest, I do not believe a
reasonable person could have a perception of bias because I believe I do not stand to receive a personal
benefit or loss in relation to this funding. Therefore, I will choose to remain in the meeting room. However,
I will respect the decision of the meeting on whether I can remain and participate in the decision.
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 7 June 2022 and approve the Three Year Signature
Community Events grants as provided in Attachment 1 to this report subject to adoption of
Council’s 2022/23 budget.
Page 15 of 49
Section 16
ORDINARY MEETING AGENDA 16 JUNE 2022
10 2022 – 2023 COMMUNITY GRANTS – THREE YEAR FESTIVE SEASON EVENT GRANTS
(1 JULY 2022 – 30 JUNE 2025)
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 7 June 2022 and approve Three Year Festive Season
Event grants provided in Attachment 1 to this report subject to adoption of Council’s 2022/23
budget.
11 REGIONAL ARTS DEVELOPMENT FUND (RADF) – GRANT RECOMMENDATIONS 2021-
22
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following
declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Wilkie, inform the meeting that I have a prescribed conflict of interest in this matter as I am an
executive member (president) of the Noosa Arts Theatre, one of the recommended recipients of a RADF
Grant. As a result of my conflict of interest, I will now leave the meeting room while the matter is
considered and voted on.
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 7 June 2022 and approve the Regional Arts
Development Fund recommendations for Round 17 as outlined in Attachment 1 to the report.
12 FURTHER REPORT - COUNCILLOR REPRESENTATION ON VARIOUS BOARDS,
EXTERNAL ORGANISATIONS AND WORKING GROUPS 2022
That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated 19
May 2022 and the further report to the Services and Organisation Committee Meeting dated 7
June 2022 and make the following Councillor appointments (noting that these supersede any
prior appointments):
A. Appoint Cr Stewart - Mayor as Chair and Cr Stockwell and Cr Wegener to the Climate
Change Response Project Control Group; and
B. Appoint Cr Wilkie as Chair, and Cr Finzel and Cr Lorentson to the Climate Change
Response Plan Community Reference Group.
Committee Recommendation
That the report of the Services & Organisation Committee dated 7 June 2022 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Page 16 of 49
Section 17
ORDINARY MEETING AGENDA 16 JUNE 2022
3 GENERAL COMMITTEE MEETING REPORT - 13 JUNE 2022
ATTENDANCE & APOLOGIES
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
EXECUTIVE
S Waters, Chief Executive Officer
T Grauf, Acting Director Corporate Services
K Rawlings, Director Environment and Sustainable Development (via Microsoft Teams)
L Jensen Acting Director Environment and Sustainable Development
D Iezzi, Director Executive Services
L Sengstock, Director Infrastructure Services (via Microsoft Teams)
APOLOGIES
Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 RAL21/0033 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF A LOT (1 LOT
INTO 8 LOTS) AT 60 GLENRIDGE DRIVE COOROIBAH
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter due to my
personal relationship with the applicant Mark Bain and the Bain Family who are family friends. We have
attended social events together, and our children have attended school together. As a result of my
conflict of interest, I will leave the meeting room while the matter is considered and voted on.
That Council note the report by the Development Planner to the Planning and Environment
Committee meeting of 7 June 2022 and:
A. Approve the application and Issue a Development Approval in accordance with the
following Conditions:
PLANNING
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development detailed below. These plans must be amended in
accordance with the conditions.
Plan No. Rev. Plan/Document Name Date
21598-P001 D Locality and Site Plan 23.05.2021
21598-P002 C Roadworks and Drainage details 05.05.2021
21598-P003 E Earthworks Plan 23.05.2021
Doc 21598_RP1 B Tod Engineering Report in support of 24.03.2021
Development Application
Page 17 of 49
Section 18
ORDINARY MEETING AGENDA 16 JUNE 2022
Plan No. Rev. Plan/Document Name Date
J001001 RP01 to B Vegetation Management and Covenant Area 05.05.2022
RP04 Rehabilitation Plan Concept V2 prepared by
North Coast Environmental Services
21-0288 FS001 V5 Flood Investigation by Peak Urban 05.05.2022
J002001 RP05 B Fencing Plan (issue B V2) 05.05.2022
J1001001 V2 Bushfire Hazard Assessment and Management 05.05.2022
Plan prepared by North Coast Environmental
Services
2. All works are to be carried out generally in accordance with the Flood Investigation – 60
Glenridge Dve, Cooroibah Version 5 prepared by Peak Urban dated 05/05/2022.
3. All buildings and structures must be located within the building envelopes shown on Plan
21598-P001 Rev D, prepared by TOD, 23.05.2022, as amended by this approval.
4. Buildings within the proposed Lots are to be provided with finished floor levels in
accordance with Table 4-5 of the approved flood investigation report, unless a higher
standard is defined in the Planning Scheme at the time of lodgment of application for
Building Works
5. Unless otherwise stated, all works required by the conditions of this Decision Notice as
relevant to each particular stage must be completed prior to submission of the
subdivision plan to Council for compliance assessment for the particular stage.
6. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting nuisance or other emissions.
Currency Period
7. This development approval lapses if the requirements of the conditions have not been
completed and an application for plan seal is not lodged with Council by 16 June 2026
unless an application to extend the currency period is approved by Council.
Plan of Development
8. All future dwellings on the approved lots must be sited and constructed in accordance
with the approved building envelopes and dwelling controls (ie. the “Plan of
Development”) shown on the Approved Plans. A copy of the approved Plan of
Development must be included in the contract of sale for the approved lots, together with
a clause which requires future dwellings to be constructed in accordance with it.
9. The applicant must prepare a metes and bounds building envelopes plan indicating
House site areas and effluent disposal areas for the proposed lots. The areas must be
in accordance with the approved plans as amended by these conditions. The plans must
be submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates.
The applicant must submit the plans to Council for approval prior to the endorsement of
the Plan of Survey.
Covenant
10. Vegetation protection covenants must be registered against the titles of the properties
over the land areas defined as the covenant areas as identified within Locality and Site
Plans Rev D prepared by TOD Consulting Engineers and Project Managers on the
Approved Plans pursuant to Section 97A of the Land Title Act 1994. The covenant
document and a survey plan must be submitted to Council for endorsement prior to
lodgement with the relevant titles authority for registration of title. The covenant
document must:
a. incorporate the requirements of this Decision Notice;
b. include Noosa Council as Covenantee;
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Section 19
ORDINARY MEETING AGENDA 16 JUNE 2022
c. reference Queensland Land Title Registry Standard Terms Document No.
715597513;
d. reference the Vegetation Management and Covenant Area Rehabilitation Concept
Plan;
e. reference the Covenant Area Management Plan (or similar);
f. reference the Bushland Rehabilitation Program (or similar);
g. reference the Firebreak Trail Specification;
h. reference the Bushfire Hazard Assessment and Management Plan;
i. detail no fence construction to occur in covenant areas and fire break trail; and
j. reference the requirement for minimum 1.2m metre high dog proof fence along the
entire common boundary of the vegetation protection covenants.
k. detail any future fencing around the external boundaries of the site to be fauna
friendly.
l. allow the developer and his representatives to maintain the rehabilitation within the
Covenant Areas on all Lots during the entire maintenance period.
11. The vegetation protection covenant areas within each Lot must result in an area of not
less than the areas detailed within the Locality and Site Plans 21598-P001 Rev D
prepared by TOD Consulting Engineers and Project Managers and as amended by
conditions of this approval.
12. If a provision included in the covenant document is requisitioned or refused registration
by the relevant titles authority, a substitute provision must be included in the document
which as nearly as practicable addresses the objective sought by the requisitioned or
refused provision. The wording of the substitute provision must be agreed by Council.
Staging
13. The development is to be staged in accordance with the Locality and Site Plans 21598-
P001 Rev D prepared by TOD Consulting Engineers and Project Managers and as
amended by conditions of this approval with proposed Lot 8 requiring rehabilitation to be
installed in accordance with an Operational Works Approval prior to the sealing of the
Survey Plan for Stage 1.
14. Stage 2 area must be maintained and managed until commencement of Stage 2 to not
cause environmental impacts including but not limited to erosion and sediment control,
weed invasion control, fire mitigation measures (e.g. mown grass).
Land Rehabilitation
15. Rehabilitation works must be undertaken in accordance with the Approved Vegetation
Management and Covenant Area Rehabilitation Concept plan and in accordance with an
Operational Works approval and the Noosa Plan 2020 and Planning Scheme Policy -
PSP 2 Landscaping with the exception of:
15.1 The inclusion of additional maintenance schedule requirements within the
Vegetation Management and Covenant Area Rehabilitation Concept plan
including:
15.1.1 Weed management to maintain a weed free zone around each planted
tubestock, mulch replenishment when required. Watering when
required.
15.1.2 Tree guarding of species susceptible to fauna damage.
15.1.3 Replacement of all dead tubestock.
15.1.4 3 Monthly (or as required) weed maintenance within the assisted
natural regeneration areas.
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Section 20
ORDINARY MEETING AGENDA 16 JUNE 2022
15.2 The inclusion of additional rehabilitation Performance Objectives including:
15.2.1 Rehabilitation works must meet the following Performance Criteria for:
a. Year One – 12 months after installation:
i. Planted trees have achieved an average height of 1m.
ii. Planted shrubs have achieved an average height of 0.4m.
b. Year Two - 24 months after the installation:
i. Planted trees have achieved an average height of 2m.
ii. Planted shrubs have achieved an average height of 1m.
c. Year Three - Final acceptance installation:
i. Planted trees have achieved an average height of 3m.
ii. Planted shrubs have achieved an average height of 1.2m.
iii. Canopy and / or vegetative strata must not be devoid for
any area greater than 1.0m2 within any 10m2 sample.
iv. Plant density shading out and/or self-mulching.
d. The duration of the establishment period:
i. Adherence to maintenance regime for rehabilitation and
revegetation areas.
ii. No evidence of woody weeds reshooting from stumps,
poisoned trees or the regrowth of cut stumps.
iii. No evidence of over-weeding or impact on non-target
species.
iv. Signs of indigenous recruitment in rehabilitation areas.
v. Weed infestations less than 5% of the rehabilitation areas.
vi. Any failed plants within the previous 12 month period have
been replaced.
vii. Healthy and vigorous growth allowed to grow to full form.
viii. Mulch layer sufficient to suppress weeds.
16. Prior to the Operational Works Approval prestart meeting for the rehabilitation works of
Stage 1, a bank guarantee or a bond of $30,000 must be lodged as security for the
completion of the rehabilitation works and three year performance maintenance period
identified in the conditions of this approval.
17. The following amounts of the bank guarantee/bond may be returned at the end of each
performance criteria year following Council approval as follows:
a. Year 1 - $10,000
b. Year 2 - $10,000
c. Year 3 - $10,000
18. Prior to the Operational Works Approval prestart meeting for the rehabilitation works of
Stage 2, a bank guarantee or a bond of $60,000 must be lodged as security for the
completion of the rehabilitation and three year performance maintenance period
identified in the conditions of this approval.
19. The following amounts of the bank guarantee/bond may be returned at the end of each
performance criteria year following Council approval as follows:
a. Year 1 - $20,000
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Section 21
ORDINARY MEETING AGENDA 16 JUNE 2022
b. Year 2 - $20,000
c. Year 3 - $20,000
20. Council reserves the right to stop and start the maintenance period depending on
performance.
21. A Covenant Area Management Plan (or similar) and a Bushland Rehabilitation Program
(or similar) must be prepared by a qualified person* and endorsed through an
Operational Works approval.
22. The land areas defined as vegetation protection covenants on the subject site identified
for rehabilitation on the Approved Plans must be rehabilitated* and all weed species
listed in the following standards and legislation removed:
a. Declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate
Regulation 2016).
b. Noosa Local Government Area Pest Management Plan 2015-2019.
c. Undesirable Species as listed in Planning Scheme Policy 3 Landscaping Plants
and Guidelines.
The works must be undertaken in accordance with an Operational Works approval.
*(Refer to Advisory Note)
23. A “no clearing zone” must be established and maintained over the land area defined over
the area identified as vegetation protection covenants on the Approved Plans. The
following activities must not be carried out within the no clearing zone:
a. clearing, cutting down, poisoning, lopping or pruning of native vegetation which is
indigenous to, or planted within, the zone.
b. soil/spoil dumping and/or compacting.
c. soil excavation, other than for planting indigenous native plants or for works which
are a natural consequence of this approval.
The following exceptions apply:
i. declared plants under the Biosecurity Act 2014, and any Council Listed
Environmental Weeds, Undesirable species, Exotic Grasses and other
plants identified in writing by Council.
ii. indigenous native trees which pose a well-founded threat to persons or
property as approved in writing by Council.
iii. controlled bushfire burns to maintain ecological processes subject to
submission of a Bushfire Management Plan and agreed in writing by Council.
24. All rehabilitation and re-vegetation of the vegetation protection covenant areas must be
installed prior to Council endorsement of the Plan of Survey for each stage.
Retention of Existing Trees
25. Existing trees on the site and in the Council road reserve must be retained in accordance
with an Arborist Report for the development prepared by a qualified person* and
referenced in a Development Permit for Operational Works.
*(Refer to Advisory Note)
26. The performance bond:
a. may be drawn upon by Council in its entirety if any one tree identified for retention
is damaged to the point where the tree cannot be saved (as confirmed by the
project arborist and agreed in writing by Council).
b. will be returned upon practical completion of all the operational works relating to
this development.
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Section 22
ORDINARY MEETING AGENDA 16 JUNE 2022
27. The tree/s identified for retention in the conditions of this approval listed within this
Decision Notice must be maintained in good health for the life of the tree.
Vegetation Management
28. An arborist’s report prepared by a suitably qualified person* is to be submitted for
approval as part of the operational works application/s. The purpose of the arborist’s
report is to identify the vegetation proposed to be removed on site. The vegetation to be
retained in the vicinity of vegetation to be removed must be identified and tree protection
measures detailed within the report.
The works must be undertaken in accordance with an Operational Works approval.
(*Refer Advisory Note)
Works within Protected Land
29. The following works must be undertaken for each stage within the land to be covered by
the vegetation protection covenants prior to the submission of the sealing of the survey
plan:
a. Treatment and control of declared plants under the Biosecurity Act 2014 and all
undesirable species as listed in Planning Scheme Policy 3 Landscaping Plants and
Guidelines to prevent regrowth.
b. Plantings in accordance with the Approved Vegetation Management and Covenant
Area Rehabilitation Concept plan and a Covenant Area Management Plan (or
similar) and a Bushland Rehabilitation Program (or similar) prepared by a qualified
person* and endorsed through an Operational Works approval.
c. Removal of any structures, debris or materials foreign to a natural environment
The works must be undertaken in accordance with an Operational Works approval.
*(Refer to Advisory Note)
Fauna Management
30. 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)
31. Any domestic cats kept at all Lots must be permanently confined within buildings and/or
cat enclosures for the purpose of protecting proximate wildlife. A clause must be included
in the contract of sale which alerts purchasers to the requirement of this condition.
Fencing to Protected Land
32. A permanent fence must be constructed around the entire perimeter of the vegetation
protection covenant area. The fence must be constructed in accordance with an
Operational Works approval and must be to the following specification:
a. Fauna friendly fencing on all covenant boundaries (1.2 metres high, 3 strand plain
wire (no barb), Bottom strand no less than 300mm off the ground;
b. 1.2 metre high dog proof fence along the entire common boundary to the
vegetation protection covenants.
c. Include A5 sized signage with the wording “Vegetation Protection Covenant Area
– No domestic animals” every 15m, durable, weather resistant and visually
complementary to the natural environment.
Community Awareness of Protected Land
33. An Environmental Awareness and Education Brochure must be prepared and provided
to all purchasers with the contract of sale. The brochure must provide educational
information regarding the significance of the Vegetation Protection Covenant, the
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Section 23
ORDINARY MEETING AGENDA 16 JUNE 2022
requirements of maintaining the Vegetation Protection Covenant and the potential
negative impacts that may result from some resident activities such as the keeping of
domestic pets, the disposal of green wastes, and etc.
Landscaping Works
34. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and the Noosa Plan for that specific
area and PSP2 – Landscaping and must include in particular:
a. provision of 1 street tree within the road reserve for every 8 metres of new road.
b. removal of all weeds species listed in the following standards and legislation.
c. declared plants under the Land Protection (Biodiversity Act 2016 and sub-ordinate
Regulation 2016).
d. The Noosa Council Biosecurity Plan 2020.
35. All landscape works must be established and maintained in accordance with horticultural
best practice with construction techniques that allow for healthy, sustained and vigorous
plant growth. All plant material must be allowed to grow to full form.
36. All entry statements, fences, batters, retaining walls and buffer plantings must be located
entirely within private land and not within the public road reserve.
37. All landscape works must be maintained generally in accordance with the approved
design for the life of the development.
Estate Entrance Feature
38. Any proposed estate entrance feature must:
a. reflect a subdued local character, rather than an overbearing or contrived
statement.
b. comprise feature vegetation (either existing or planted) in preference to built forms.
c. integrate with the landscape design of the balance of the estate.
d. be constructed of durable and low maintenance materials.
e. be treated with a graffiti resistant coating.
f. not restrict pedestrian access.
g. Any estate entrance works must be undertaken in accordance with an Operational
Works approval.
Easements
39. A 20 metre wide continuous easement for fire break trail purposes must be registered
against the title of each new lot. The easement must be:
a. In favour of Council and Fire Services.
b. Located over the land area defined by ‘Firebreak fire trail’ on the subject site
identified on the Fire Break Trail Specification within the approval plans.
c. Located outside of the proposed covenant area.
d. Have no fencing between lots.
e. A continuous alignment through the lots.
40. The Grantor is responsible for all maintenance and costs associated with the 20 metre
wide easement.
41. 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.
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Bushfire Management – Reconfiguration Requirements
42. All reconfiguration works must be carried out in accordance with the approved Bushfire
Hazard Assessment and Management Plan.
*(Refer Advisory Note)
43. Certification must be submitted to Council from a qualified person* which certifies that
the development has been constructed in accordance with the bushfire management
conditions of this Decision Notice.
*(Refer Advisory Note)
44. The following clauses must be included in the contract of sale for all Lots which requires:
a. future dwellings to be constructed within the building envelopes shown on the
Approved Plans AND in accordance with the approved Bushfire Hazard
Assessment and Management Plan.
b. the trafficable fire break trail to be maintained, include unlocked 4m wide gates
allowing access to Council and Fire Services and ensure compliance with the QLD
SPP Bushfire 2019 firebreak trail specifications.
c. All future dwellings are to provide a dedicated 10,000 litre water supply for
firefighting purposes.
45. A Landholder Bushfire Information Kit is to be provided to all new owners detailing the
performance requirements of the trafficable firebreak fire trails
Road & Park Names
46. The proposed names of roads must be lodged with the application for a Development
Permit for Operational Works. Names are to be
a. Relevant to Australian, preferably local, history, flora, fauna, culture, landscape or
physical characteristics.
b. If used, personal names should commemorate persons who have contributed
significantly to the development of the region; demonstrated outstanding levels of
civic service; or achieved role-model status in the wider community or donated
property or funds for community benefit; and be recognised in memoriam.
c. Park names should be unique within the locality.
d. Approval will not be given to a name that may be construed as advertising, is more
than one word, understanding that a geographic relationship such as Cooroy
Mountain is permissible; is insensitive to diverse cultures and does not accord with
community standards; and is not concise, easy to pronounce and spell and be
without accent marks, apostrophes or hyphens.
e. Approval will not be given to a name that is the same or similar to the name of
another road in the Shire, or of a road in close proximity in a neighbouring Shire.
Names that are not easily pronounced, or may cause confusion to emergency
services are to be avoided.
f. All street signs on new roads (public and private) and parks shall be erected prior
to works being accepted on maintenance.
Boundary Encroachments
47. Certification must be submitted to Council from a Licensed Surveyor which certifies that:
a. the setback/s to any new boundaries for any existing buildings remaining on the
site comply with the relevant provisions of the planning scheme and the Building
Act 1975, unless varied by this Decision Notice.
b. all constructed access and roadworks (including associated fill batters and
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Section 25
ORDINARY MEETING AGENDA 16 JUNE 2022
retaining walls) are fully contained within a dedicated reserve or registered
easement.
c. all utility services and connections (eg. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included
within an easement.
d. all existing effluent disposal areas are wholly located within the lot they serve and
comply with the boundary setback requirements of the Plumbing and Drainage Act
2002 and associated codes and requirements.
e. all dams (including ponded water, dam walls and associated spillway structures)
are wholly located within the boundaries of a single lot.
f. all retaining walls and structures are fully contained within the lot they retain any
fill, including fill batters, are wholly contained within the subject site and not on
adjacent properties.
External Works
48. The table drains in the verge areas in the frontage of the subject site to Glenridge Drive
must be reconstructed to be free draining. The works must be undertaken in accordance
with an Operational Works approval and must include in particular:
a. The frontage of proposed Lot 8 must be completed prior to the sealing of the survey
plan for Stage 1.
b. The remainder of the frontage, including the proposed intersection, must be
completed prior to the sealing of the survey plan for Stage 2. The intersection must
be constructed generally in accordance with drawing No. 21598-P002, Revision D
prepared by TOD engineers.
Condition 48 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
49. A new intersection must be constructed joining Glenridge Drive with the new road. The
works must be undertaken in accordance with an Operational Works approval and be
completed prior to the sealing of the survey plan for Stage 2. The intersection must be
constructed generally in accordance with drawing No. 21598-P002, Revision C prepared
by TOD engineers, the Engineering Report Document No. 21598_RP1, Revision B
prepared by TOD engineers dated 24 March 2022 and must include in particular:
a. an intersection with vehicle priority maintained on Glenridge Drive
b. provision of sight distances adequate for the design speed of the road
c. truncation of the new property boundaries
Condition 49 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
New Roads
50. The new road as shown on the Approved Plans must be constructed and dedicated as
“road”. The works must be undertaken in accordance with an Operational Works
approval and be completed prior to the sealing of the survey plan for Stage 2. The works
must include in particular:
a. a reserve width of 20 metres with widening at the cul-de-sac head and generally in
accordance with the approved plan
b. a cross section generally in accordance with drawing No. 21598-P002, Revision C
prepared by TOD engineers
c. a cul-de-sac head generally in accordance with drawing No. 21598-P002, Revision
C prepared by TOD engineers and Council’s Planning Scheme Policy 6 –
Engineering Design Standards
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ORDINARY MEETING AGENDA 16 JUNE 2022
d. table drains and culvert drainage generally in accordance with drawing No. 21598-
P002, Revision C prepared by TOD engineers and the approved flood investigation
Condition 50 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Property Access and Driveways
51. A residential driveway must be constructed to all lots in the relevant stage. The works
must be undertaken in accordance with an Operational Works approval and:
a. be generally in accordance with drawing No. 21598-P002, Revision C prepared by
TOD engineers and
b. be generally in accordance with Council’s Standard Drawing RS-056 and any
associated addendum
c. include the access driveway servicing Lots 3 & 5.
52. The existing vehicle access to McKinnon Drive is to be wholly removed and the area
revegetated as part of these works.
53. Vehicle access to Lots 1 - 8 is limited to the constructed driveway only. A clause must
be included in the contract of sale for Lots 1 - 8 which requires vehicle access to be from
the constructed driveway only, and which prohibits the driveway from being relocated
without Council agreement.
The following property notation, or similar, will be added to Council’s rates records for
Lots 1 – 8:
Private Certifiers, owners and prospective purchasers are notified that special access
requirements apply to this parcel of land. Contact Council's Planning Department for
Details.
54. Vehicle access to Lots 1 to 8 is limited to Glenridge Drive and the new road only. A clause
must be included in the contract of sale for Lots 3 and 4 which prohibits vehicle access
being taken from McKinnon Drive.
The following property notation, or similar, will be added to Council’s rates records for
Lots 3 and 4:
No vehicle access is permitted to this property from the McKinnon Drive.
Stormwater Drainage
55. Stormwater runoff from the development must be disposed of on-site without causing
scour or damage to the subject site or any adjoining property.
Services
56. Underground reticulated electricity and telecommunication services must be provided to
Lots 1 - 7 in accordance with the standards and requirements of the relevant service
provider.
57. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
58. Certification must be submitted to Council from all relevant service providers (Energex
and NBN) which certifies that the development has met the requirements of this Decision
Notice and all applicable legislation at the time of construction.
Easements
59. Easements for drainage purposes must be registered in favour of Council against the
title of all lots. The easements must fully contain those parts of the subject site below the
1%AEP flood level.
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ORDINARY MEETING AGENDA 16 JUNE 2022
60. 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.
61. 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.
62. 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
63. All fill and associated batters must be undertaken in accordance with an Operational
Works approval, and be generally in accordance with drawing No. 21598-P003, Revision
E prepared by TOD engineering dated 2305.2022 and the approved flood investigation
or as amended by conditions herein. The earthworks must be completed prior to the
sealing of the survey plan for Stage 2.
Damage to Services and Assets
64. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
B. Include the following property notes against the subject property in Council’s property
record system:
RAL21/0033 - Property Access Driveway
1. The following notation applies to the approved lots:
Private Certifiers, owners and prospective purchasers are notified that special access
requirements apply to this parcel of land. Contact Council's Planning Department for
details.
RAL21/0033- Property Access
2. The following notation applies to approved lots 3 and 4:
No vehicle access is permitted to this property from the McKinnon Drive.
RAL21/0033- Property Access
3. The following notation applies to the approved lots:
The access road to this property may be cut during flood periods. No alternative access
is available.
RAL21/0033 – Vegetation Protection Covenant
4. The following notation applies to the approved lots:
A Vegetation Protection Covenant applies to this lot. No clearing of vegetation is to
occur within the covenanted area, except where in accordance with the terms of the
covenant.
RAL21/0033 – Ecological Preservation
5. The following notation applies to the approved lots:
To ensure the protection of vegetation on this lot, any dwelling on this lot is required by
Council Approval RAL21/0033 to be constructed within the building envelope
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ORDINARY MEETING AGENDA 16 JUNE 2022
nominated on the approved Lot Reconfiguration proposal plan (see Council file
reference RAL21/0033).
A “no clearing zone” applies to this property for the purpose of vegetation protection. The
landowner must maintain the property in accordance with the ecological preservation
conditions of Council Approval RAL21/0033.
RAL21/0033 – Bushfire Management
6. The following notation applies to the approved lots:
To ensure the safety of people and property on this property is maintained, all buildings
and structures must be sited and constructed in accordance with the bushfire
management conditions of Council Approval RAL21/0033 and associated Operational
Work approvals.
RAL21/0033 – Control of Domestic Cats
7. The following notation applies to the approved lots:
Domestic cats are permitted on this lot provided that they are permanently confined
within buildings or cat enclosures. This requirement is designed to protect lower canopy
and ground nesting and feeding birds which occur proximate to the lot.
RAL21/0033 – Building Envelopes
8. The following notation applies to the approved lots:
All buildings and structures must be located within the building envelopes registered over
this lot.
RAL21/0033 – Finished Floor Levels
9. The following notation applies to the approved lots:
In order to achieve appropriate levels of flood immunity, all buildings and structures must
be provided with finished floor levels in accordance with Table 4-5 of ‘Flood Investigation
– 60 Glenridge Dve, Cooroibah Version 5’ prepared by PeakUrban dated 05/05/2022
unless a higher standard is defined in the Planning Scheme at the time of lodgement of
application for Building Works. This flood report is available from Council under
development permit number RAL21/0033.
C. Request that the Chief Executive Officer investigate the impacts of flooding on
development in the Cooroibah area as part of the preparation of Local Disaster
Management Plan for the Cooroibah Area and as part of future planning scheme
amendments.
2 ENVIRONMENT GRANTS – ROUND 17
That General Committee Agenda Item 2 be deferred to the Ordinary Meeting dated 16 June
2022.
1 MCU21/0146 - APPLICATION FOR A MATERIAL CHANGE OF USE – MULTIPLE
DWELLINGS (90 DWELLINGS) AT 28 EENIE CREEK ROAD, NOOSAVILLE
That General Committee Agenda Item 1 be referred to the Ordinary Meeting 16 June 2022 for
a further report with amended conditions.
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ORDINARY MEETING AGENDA 16 JUNE 2022
2 T000069 TENDER CONSIDERATION PLAN – NOOSA SPIT DREDGING AND BEACH
NOURISHMENT
That Council note the report by the Project Officer Infrastructure Services to the General
Committee Meeting dated 13 June 2022 and:
A. Resolve to prepare and adopt the proposed Tender Consideration Plan for the
procurement of dredging services for the Noosa Spit Dredging and Beach Nourishment
project, under section 230 of the Local Government Regulation 2012 and;
B. Delegate authority to the Chief Executive Officer to enter into a contract with a supplier
in accordance with the process contemplated in the Tender Consideration Plan, within
the Chief Executive Officer’s financial delegation, in order to achieve the objectives of
the Tender Consideration Plan.
3 NOOSA ENVIRONMENT STRATEGY MONITORING REPORT
That Council note the report by the Acting Environmental Services Manager to the General
Committee Meeting dated 13 June 2022 and provide the Year 2 biennial report on progress
towards the 12 targets outlined in the Noosa Environment Strategy 2019.
4 FINANCIAL PERFORMANCE REPORT – MAY 2022
That Council note the report by the Financial Services Manager (Acting) to the General
Committee Meeting dated 13 June 2022 outlining May 2022 year to date financial performance
against budget, including changes to the financial performance report with the inclusion of key
financial sustainability indicators.
5 INCOMING CEO REPORT
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 13 June 2022 and that;
A. matters raised regarding organisational renewal be the subject of a Councillor -
Executive Team workshop to collaboratively develop a change management program
that seeks to drive the organisation towards a more sustainable, high performing, agile
and future focussed Council and;
B. the identified opportunities for policy reform be considered as part of the development of
a new Corporate Plan and;
C. the CEO provide a further report back to the Council on any non-compliance matters
identified in the Mode Report on the Tewantin Administration Building as soon as
possible and;
D. a summary of the incoming CEO Report be provided to the community.
Committee Recommendation
That the report of the General Committee dated 13 June 2022 be received and the recommendations
therein be adopted except where dealt with by separate resolution
Page 29 of 49
Section 30
ORDINARY MEETING AGENDA 16 JUNE 2022
9. ORDINARY MEETING REPORTS
1 FURTHER REPORT – MCU21/0146 DEVELOPMENT APPLICATION FOR A MATERIAL
CHANGE OF USE FOR MULTIPLE HOUSING (90 DWELLING UNITS) AT 28 EENIE CREEK
ROAD, NOOSAVILLE
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM / Application / MCU21/0146
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Coordinator Planning to the General Committee Meeting dated
13 June 2022 and the further report to the Ordinary Meeting dated 16 June 2022 regarding
MCU21/0146 for a Development Permit for a Material Change of Use – Multiple dwellings (90 small
dwelling units) situated at 28 Eenie Creek Rd Noosaville and:
A. Approve the application in accordance with the following conditions:
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
and may be further amended by the conditions of this approval.
Plan No. Rev. Plan/Document Name Date
DA010 N Development Summary, prepared by mode 13.05.22
DA100 Q Site plan, prepared by mode 13.05.22
DA101 F Site plan – Level 2, prepared by mode 13.05.22
DA102 F Site plan – Level 3, prepared by mode 13.05.22
DA103 F Site plan – Roof, prepared by mode 13.05.22
DA104 P Basement floor plan, prepared by mode 13.05.22
DA111 O Building A – Level 01, prepared by mode 13.05.22
DA112 N Building A – Level 02, prepared by mode 13.05.22
DA113 N Building A – Level 03, prepared by mode 13.05.22
DA114 N Building A – Roof plan, prepared by mode 13.05.22
DA121 N Building B – Level 01, prepared by mode 13.05.22
DA122 N Building B – Level 02, prepared by mode 13.05.22
DA123 N Building B – Level 03, prepared by mode 13.05.22
DA124 N Building B – Roof plan, prepared by mode 13.05.22
Page 30 of 49
Section 31
ORDINARY MEETING AGENDA 16 JUNE 2022
Plan No. Rev. Plan/Document Name Date
DA131 O Building C – Level 01, prepared by mode 13.05.22
DA132 O Building C – Level 02, prepared by mode 13.05.22
DA133 O Building C – Level 03, prepared by mode 13.05.22
DA134 N Building C – Roof plan, prepared by mode 13.05.22
DA200 M Elevations - Site, prepared by mode 13.05.22
DA201 M Elevations - Site, prepared by mode 13.05.22
DA210 P Elevations – Building A, prepared by mode 31.05.22
DA211 P Elevations – Building A, prepared by mode 31.05.22
DA220 P Elevations – Building B, prepared by mode 31.05.22
DA221 P Elevations – Building B, prepared by mode 31.05.22
DA230 O Elevations – Building C, prepared by mode 31.05.22
DA231 O Elevations – Building C, prepared by mode 31.05.22
DA300 O Sections, prepared by mode 31.05.22
DA301 O Sections, prepared by mode 31.05.22
DA302 N Sections, prepared by mode 31.05.22
DA500 B External finishes, prepared by mode 13.05.22
DA001 K Perspective – Building A, prepared by mode 13.05.22
DA002 C Perspective – Building A, prepared by mode 13.05.22
DA003 K Perspective – Building B, prepared by mode 13.05.22
DA004 C Perspective – Building B, prepared by mode 13.05.22
DA005 F Perspective – Building C, prepared by mode 13.05.22
2021-060 D Hofmann Drive, Noosa Apartments – Landscape March 2022
SK00 Concept
2021-060 D Hofmann Drive, Noosa Apartments – Landscape March 2022
SK01 Concept
2021-060 D Hofmann Drive, Noosa Apartments – Landscape March 2022
SK02 Concept as annotated by Council
2021-060 D Hofmann Drive, Noosa Apartments – Landscape March 2022
SK03 Concept as annotated by Council
2021-060 D Hofmann Drive, Noosa Apartments – Landscape March 2022
SK04 Concept
2021-060 D Hofmann Drive, Noosa Apartments – Landscape March 2022
SK05 Concept
2021-060 D Hofmann Drive, Noosa Apartments – Landscape March 2022
SK06 Concept
2021-060 D Hofmann Drive, Noosa Apartments – Landscape March 2022
SK07 Concept
2021-060 D Hofmann Drive, Noosa Apartments – Landscape March 2022
SK08 Concept
2021-060 D Hofmann Drive, Noosa Apartments – Landscape March 2022
SK09 Concept
C02 B Vegetation Clearing Layout Plan 02/11/2021
Page 31 of 49
Section 32
ORDINARY MEETING AGENDA 16 JUNE 2022
Plan No. Rev. Plan/Document Name Date
N/A 3 Bushfire Hazard Assessment (BHA) Property 17-19 February 2022
Hofmann Drive Noosaville Lot 5 on SP222982
prepared by Queensland Bushfire Planning
Nature and Extent of Approved Use
2. The approved use must not commence until the acoustic treatment works required under
development approvals 132002.220285.D and RAL18/0023 have been completed and
certified as compliant with the conditions of these approvals by a suitably qualified
person.
3. The approved use must not commence until all works required by RAL18/0023 have
been completed.
4. The multiple dwelling units must be small dwellings as defined by The Noosa Plan 2020.
5. The study rooms must not be used as a bedroom with these rooms to have at least one
wall with a maximum height of 1.5 metres or limited to sliding doors, concertina doors or
the like.
Study rooms are rooms detailed on the plans which do not include a bed within the
furnishings
6. The basement must be backfilled so that the development does not present as more
than 3 storeys.
Currency Period
7. This development approval lapses if the use has not happened by 16 June 2028, unless
an application to extend the currency period is approved by Council.
Built Form and Development Appearance
8. The maximum height of the development must be in accordance with the approved
plans.
9. Certification must be submitted to Council from a Licensed Surveyor which certifies that
the buildings do not exceed the maximum height requirement of this Decision Notice.
10. All air conditioning units or other mechanical equipment must be fully enclosed or
screened such that they are not visible from the street frontages nor adjoining properties.
11. All deck and balcony areas above ground floor must not be enclosed by permanent
fixtures such as shutters, louvres, glass panelling or the like, except where required to
satisfy any privacy condition of this Decision Notice.
12. Screening must be provided to the pad mounted transformer and must be painted in a
muted colour derived from the approved colour palette to reduce the visual impact of the
infrastructure in the streetscape.
13. The development must incorporate the colour scheme and proposed mix of building
materials as outlined in the approved colour palette and approved plans.
Performance Bond
14. Security in the form of a cash bond or trading bank guarantee to the sum of $50,000
must be submitted to Council, to secure performance of all conditions of this approval,
prior to pre-start meeting. 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.
Page 32 of 49
Section 33
ORDINARY MEETING AGENDA 16 JUNE 2022
Protection of Privacy
15. Where windows or balconies overlook or have the potential to overlook the private open
space of nearby properties or view into habitable windows within 10 metres, the following
measures must be implemented to prevent the overlooking:
a. Balconies must include screening devices; and/or
b. Windows must have a minimum window sill height or 1.7 metres above floor level;
and/or
c. Windows must be fitted with translucent glazing; and/or
d. Windows must be fitted with fixed external screens.
Street Identification
16. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate,
the building name.
Water & Sewer Connections
17. An underground connection to reticulated water and sewerage must be provided to the
development site in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
18. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to the development site.
Fencing and Walls
19. Any front fence proposed must be located on the boundary clear of the 6m landscaping
required to the site’s frontage to Hofmann Drive and:
a. no more than 1.2 metres high; and
b. contain openings that ensure it is 50% transparent.
Clothes Drying Areas
20. Each dwelling unit must be provided with access to an outdoor clothesline which is
screened from public view.
Community Management Statement
21. Any proposed Community Management Statement required for the development
pursuant to the Body Corporate and Community Management Act 1997 must be
submitted to Council for endorsement at the same time as submission of the Building
Format Plan (or similar) to Council for compliance assessment.
22. All clauses and by-laws of the proposed Community Management Statement must
accord with the requirements of this Decision Notice and, in particular, must include the
following additional clauses:
a. The site includes a stormwater management and water quality treatment system.
b. The stormwater management and water quality treatment system must be
maintained in accordance with the Water by Design (2009) Maintaining Vegetated
Stormwater Assets (Version 1).
c. The full cost of maintaining the system in accordance with the Water by Design
(2009) Maintaining Vegetated Stormwater Assets (Version 1) must be included in
the proposed levies for each dwelling owner/body corporate.
d. Any domestic cats kept on the property must be permanently confined within
buildings and/or cat enclosures for the purpose of protecting proximate wildlife.
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ORDINARY MEETING AGENDA 16 JUNE 2022
e. The Environmental Management and Conservation Zone land must be maintained
in its natural vegetated state with all declared plants under the Land Protection
(Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003,
and any Council Listed Environmental Weeds, Exotic Grasses and other plants
identified in writing by Council removed.
ACOUSTIC
Noise Amenity
23. Design and construct the proposed residential development in accordance with the
recommendations and noise criteria identified in the Letter dated 23.09.21 from Acoustic
Logic to Stockwell Development Group Ref 20210208.3/0411A/R2/OB and Appendix A
of the letter - Report dated 23.09.21 Acoustic Logic “Noise Residential Apartments,
Hofmann Drive, Development Application” dated 23.09.21 Revision 4 Document
Reference 20210208.3/2309A/R4/JJM”.
Road Traffic Noise
24. Design and construct all residential dwellings to achieve design internal noise levels of
AS 2107:2016 “Recommended Design Sound Levels and Reverberation Times for
Building Interiors” as provided in Section 4.4 of the approved Acoustic Logic report dated
23.09.21.
25. Building façade and roof construction is to achieve the acoustic ratings as required in
Section 6.1 Tables 19 and 20 and Appendix A, Section 6.2 and Section 6.3 of the
Approved Acoustic Report (Acoustic Logic Report dated 23.09.21).
26. Sealing of Window frames in the external façade is to comply with Section 6.4 of the
Approved Acoustic Report (Acoustic Logic report dated 23.09.21).
27. Provide mechanical ventilation or air-conditioning to all road traffic noise affected rooms
as identified in Section 6.5 and Appendix C of the Approved Acoustic Report (Acoustic
Logic Report dated 23.09.21)
28. Provide certification from an appropriately qualified acoustic consultant prior to
Certificate of Classification that the residential buildings have been constructed in
accordance with the requirements of the Approved Acoustic Report (Acoustic Logic
report dated 23.09.21) and the measured internal noise levels in respect to road traffic
noise comply with the AS2017:2016 levels in Section 4.4 of the approved acoustic report.
29. Provide certification from an appropriately qualified consultant that mechanical
ventilation or air-conditioning has been installed in all habitable rooms affected by road
traffic noise as identified in Section 6.5 and Appendix C of the Approved Acoustic Report
(Acoustic Logic Report dated 23.09.21).
Mechanical Plant Noise
30. Design and install all mechanical plant as part of the development to comply with Section
7.1 and Table 22 of the Approved Acoustic Report (Acoustic Logic Report dated
23.09.21)
31 Provide certification from an appropriately qualified acoustic consultant prior to
Certificate of Classification that the mechanical plant has been installed with the
requirements of the Approved Acoustic Report (Acoustic Logic report dated 23.09.21)
and the measured noise levels of operational plant comply with Table 22 of the Approved
Acoustic Report (Acoustic Logic Reported dated 23.09.21).
ENGINEERING/TRAFFIC
External Works
32 Hofmann Drive must be upgraded for the length of its frontage to the subject site. The
works must be undertaken in accordance with an Operational Works approval,
completed prior to the commencement of the use and must include in particular:
Page 34 of 49
Section 35
ORDINARY MEETING AGENDA 16 JUNE 2022
a. construction of a pedestrian footpath in accordance with the conditions of this
Decision Notice
b. removal of all existing property access (driveway/crossovers) and reinstatement of
the kerb, footpath and verge area to match the balance of the site frontage,
including the provision of topsoil and turf where the existing verge is grassed
Site Access and Driveways
33. A sealed access driveway must be provided from the formation in Hofmann 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. a driveway crossover generally in accordance with Council standard drawing RS-
051 and any associated addendums
b. access aisles and ramps in accordance with AS/NZS2890.1:2004 Parking
Facilities
Car Parking, Pedestrian and Bicycle Facilities
34. A maximum of 125 car parking spaces must be provided and marked on the site and
made available and accessible at all times. The works must be undertaken in accordance
with an Operational Works approval and must include in particular:
a. Minimum 9 visitor parking spaces and 4 motorcycle/scoter spaces within the total,
which are clearly marked for that purpose and accessible at all times for visitor use.
These spaces must be located outside of the basement.
b. 1 disabled parking space within the total
c. dimensions, crossfalls and gradients in accordance with Australian Standard
AS/NZS2890.1:2004 Parking Facilities
35. 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 a 2
metre wide concrete footpath within the Hofmann Drive road reserve extending across
the full frontage of the sites and connecting to the new pathway to the east of the site.
This condition is imposed pursuant to s145 of the Planning Act 2016 being necessary
trunk infrastructure identified by Council’s LGIP to service the development.
36. 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. a 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
ii. maintenance of safe pedestrian access for the areas affected by the works
during and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of the
development
iv. approval of the Traffic Management Control Plan by the Department of
Transport and Main Roads (DTMR) for any works on State controlled roads
v. provision for worker car parking
b. maintenance and protection of water quality and existing drainage lines through
the construction site, through the implementation of appropriate erosion and
sediment control measures
Page 35 of 49
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ORDINARY MEETING AGENDA 16 JUNE 2022
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, adjoining
owners, emergency services and local businesses to advise of agreed construction
times, impacts on traffic, services and other relevant issues.
e. Include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details.
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
ii. dispute resolution procedures
h. details on the location of external fill/dump 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
i. 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.
Easements
37. 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.
38. 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.
39. 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
40. All earthworks and associated batters/retaining structures 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.
Damage to Services and Assets
41. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
Stormwater Drainage
Page 36 of 49
Section 37
ORDINARY MEETING AGENDA 16 JUNE 2022
42. 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 and the Queensland Urban Drainage Manual, and must include in
particular:
a. the detention system generally as described in Site Based Stormwater
Management Plan, prepared by ADG, dated 28th October 2021;
b. provision for the extent of inundation outside of batters of bioretention devices to
be confined to grassed areas only not to impact pathways, structures or the pool
and associated infrastructure for any event up to and including the 1%AEP at year
2100. A plan showing the extent of inundation and details of proposed signage for
grassed areas subject to inundation are to be provided with the application for
operational works;
c. extension of the site stormwater system to accommodate runoff from any external
catchment areas which drain onto the subject site at the time of the operational
works application being lodged. Any flowpath through the site which conveys
external catchment flows is to be provided with a drainage easement in favour of
the external property, with registration of the easement required prior to
commencement of use;
d. the use of gravity stormwater drainage and not surcharge pits to the maximum
extent practicable. Surcharge pits may only be used where the catchment is
composed of roof surfaces only;
e. provision of rainwater tanks for the capture and reuse of roofwater for the irrigation
of communal landscaping; and
f. accommodation for both severe storms or severe blockage of the underground
drainage network. A Severe Storm/Severe Blockage Assessment for the drainage
system proposed for the site is to be provided with the development application for
operational works, and is to demonstrate that finished floor levels will not be
inundated under either a severe blockage of the underground drainage network in
the 1%AEP event at year 2100, or for a severe storm exceeding the 1%AEP based
on design blockage.
Stormwater Quality Management
43. 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 latest
version of the Water Sensitive Urban Design Technical Design Guidelines for South East
Queensland, and must include in particular:
a. stormwater quality treatment devices of a size and location generally in accordance
with those shown in Site Based Stormwater Management Plan, prepared by ADG,
dated 28th October 2021;
b. bioretention devices which:
i. are designed generally in accordance with the Bioretention Technical Design
Guidelines (Water by Design, 2012)
ii. are designed generally in accordance with IPWEQA Standard Drawing No.
DS-073, DS-075, DS-076, and DS-078
iii. are provided with a free-draining outlet from the sub-soil drainage system
44. Permanent educational signage must be erected to educate the residents of 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.
Page 37 of 49
Section 38
ORDINARY MEETING AGENDA 16 JUNE 2022
45. All stormwater quality treatment devices must be maintained in accordance with the
Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). 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. Records of all maintenance activities undertaken must be kept and made
available to Council upon request.
46. Any proposed Community Management Statement required for the development must
include Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1)
and must include the full cost of maintaining the system in accordance with Water by
Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The cost of
maintaining the system must be included in the proposed levies for each unit owner.
Landscaping Works
47. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and the Noosa Plan for that specific
area and Planning Scheme Policy (PSP2) - Landscaping and must include in particular:
a. the works shown on the Approved Plans with the exception of substituting
Archontophoenix cunninghamiana (Bangalow Palm) for an appropriate species
selected from the Noosa Plan 2020 PSP20 Landscaping policy or endemic to
Noosa. Palms are not appropriate for this location (see section 6 of PSP2 –
Landscaping.
b. a 6 metre wide planted buffer, consisting of local native plant species suitable for
the location, as shown on the Approved Plans and as required by condition 53 of
RAL18/0023;
c. the provision of mature landscaping within the basement, as a consequence of the
deletion of the 9 car parking spaces, which protrudes through an opening at the
podium levels between buildings A and B;
d. protection of vegetation within the 10 metre wide Environmental and Conservation
Zone;
e. vegetation installed for landscaping adjacent to the 10 metre wide vegetation strip
protected by the Environmental and Conservation Zone and Covenant J must only
include Noosa native species and not include any of the undesirable species as
detailed within the Noosa Plan 2020 - Scheme Policy 3 Landscaping;
f. the use of large tree species to provide visual screening of the bulk of the buildings
from Hofmann Drive and provide shade to the units from the afternoon sun,
including 100 litre specimens;
g. vegetated screening of any electrical transformers, bin storage areas and the like
from the road frontage;
h. provision of 1 advanced or ex-ground street tree within the road reserve for every
8 metres of road frontage; and
i. control of all weed species listed in the following standards and legislation:
i. declared plants under the Land Protection (Biodiversity Act 2014 and sub-
ordinate Regulation 2016).
Noosa Local Government Area Pest Management Plan 2015-2019.
48. All entry statements, fences, batters, retaining walls and buffer/screen plantings must be
located entirely within private land and not within the public road reserve.
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ORDINARY MEETING AGENDA 16 JUNE 2022
49. 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.
50. All landscape works must be maintained generally in accordance with the approved
design for the life of the development.
Retention of Existing Vegetation
51. The 10 metre wide existing vegetation protected by the Environmental Management and
Conservation Zone must be retained in accordance with an Arborist Report prepared by
a qualified person* and endorsed through an Operational Works approval as detailed on
the Approved Plans with the exception of the extent of vegetation clearing required within
the 10 metre wide Environmental Management and Conservation Zone for the proposed
600mm building encroachment and 2 metre wide x 36 metres long swale as detailed on
the approved plans. Vegetation removal within the Environmental Management and
Conservation Zone must not extend beyond the 2 metre wide swale.
*(Refer to Advisory Note)
52. The report must be resubmitted to Council incorporating the above amendments prior to
the issue of any Development Permit for Operational Works.*
*(Refer to Advisory Note)
53. Prior to the prestart meeting, a bank guarantee or a bond of $30,000 must be lodged as
security for the protection of the tree/s identified for retention in the conditions of this
approval. The bond:
a. may be drawn upon by Council in its entirety if any one tree identified for retention
is damaged to the point where the tree cannot be saved (as confirmed by the
project arborist and agreed in writing by Council)
b. will be returned upon practical completion of all the operational works relating to
this development.
54. The tree/s identified for retention in the conditions of this approval must be maintained in
good health for the life of the tree.
Vegetation Protection
55. A “no clearing zone” must be established and maintained over the land area identified
as ‘Existing Vegetation to be Retained’ on the Approved Plans. The following activities
must not be carried out within the no clearing zone:
a. clearing, cutting down, poisoning, lopping or pruning of native vegetation, which is
indigenous to, or planted within, the zone
b. soil/spoil dumping and/or compacting
c. soil excavation, other than for planting indigenous native plants.
The following exceptions apply:
a. declared plants under the Land Protection (Pest and Stock Route Management)
Act 2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental
Weeds, Exotic Grasses and other plants identified in writing by Council
b. indigenous native trees which pose a well-founded threat to persons or property
as approved in writing by Council
c. controlled bushfire burns to maintain ecological processes subject to submission
of a Bushfire Management Plan and agreed in writing by Council.
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ORDINARY MEETING AGENDA 16 JUNE 2022
Fencing to Protected Land
56. A permanent fence must be constructed:
a. Along the length of the boundary of approved Lot 17 adjacent to Covenant J,
terminating at the southern end of the mapped Environmental Management and
Conservation Zone, and
b. Along the full extent of the southern edge of the Environmental Management and
Conservation Zone, with the exception of the 36 metre length of the swale where the
fence is to be located on the northern side of the swale.
c. To the perimeter of the off-leash dog area.
d. The fencing related to a. and b. must be fauna friendly.
e. The fence must be constructed in accordance with an Operational Works approval
for Landscaping.
Fauna Management
57. 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)
58. Any domestic cats kept on the property must be permanently confined within buildings
and/or cat enclosures for the purpose of protecting proximate wildlife. All and successive
community management statements must include a provision to enable the enforcement
of this requirement.
Environment
59. Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994)
must not be released from the site or to waters within the site, or be likely to be released
should rainfall occur, unless all reasonable and practicable measures are taken to
prevent or minimise the release and concentration of contamination.
60. Erosion and sediment control measures must be installed and maintained to minimise
erosion on the site and to minimise the export of sediment and associated pollutants
from the site. The erosion and sediment control measures must be designed, installed
and maintained in accordance with current best practice standards
(*Refer to Advisory Notes).
61. Limit soil exposure on the site to a distance of no more than 2m beyond the extent of
earthworks shown on the approved plans except where the exposed soil is effectively
stabilised without delay and prior to rainfall occurring.
Bushfire Management
62. The development must be carried out in accordance with section ‘Bushfire Risk
Mitigation’ of the Bushfire Hazard Assessment (V3) dated February 2022 prepared by
Queensland Bushfire Planning listed within this Decision Notice.
63. Certification must be submitted to Council from a qualified person* which certifies that
the development has been constructed in accordance with the bushfire management
conditions of this Decision Notice, prior to the commencement of use.
*(Refer to Advisory Note)
WASTE DISPOSAL
64. Prior to the issue of any Operational Works approvals the Operational Waste
Management Plan must be amended to reflect that all waste collection will be undertaken
by Council’s contractor via rear lift trucks with the trucks collecting 1100 litre bins.
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ORDINARY MEETING AGENDA 16 JUNE 2022
65. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy 9 - Waste Management. The facilities must include an
impervious area, within the site, correctly sized for all refuse and recycling containers
and suitably screened from public places and neighbouring properties. A bin wash area
is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket
trap. The drain outlet must be designed to prevent storm water entry to the sewerage
system.
66. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
67. Storage, disposal and management of solid, liquid and vegetative waste is conducted in
a safe and ecologically sustainable manner without environmental nuisance. In this
regard, vegetated waste must be disposed of via a green waste bin or at a local transfer
station.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
A report on this application was considered at the General Committee meeting on 13 June 2022
recommending the proposed multiple dwelling be approved subject to conditions. The applicant has
raised concerns with some of the recommended conditions. During the course of discussion,
councillors requested that officers prepare a further report to review the applicant’s submission.
Condition 5
5. The study rooms must not be used as a bedroom with these rooms to have at least one wall
with a maximum height of 1.5 metres.
Study rooms are the rooms detailed on the plans which do not include a bed within the
furnishings.
Applicant’s position
Our DA proposed a 2A type which was a 2 bedroom with single bathroom. The bedroom was an
internal room with borrowed light and ventilation from other areas within the apartment. We have
successfully delivered this type in many previous developments with support of building certifiers.
The council officers held concerns this style created a room reliant on mechanical ventilation. It is
important to note that this product type addressed a lower price point for purchasers who seek the
amenity of a two bedroom who are unable to pay the purchase price of a full 2-bedroom, 2
bathrooms. We agreed with the officers to rename this product to be a one bedroom with Multi-
Purpose Room. The above condition severely restricts all amenity of this room with the requirement
of a wall at maximum height of 1.5m. Covid has highlighted how important a home office can be and
how important spaces are that allow occupants to live in multiple spaces within residences.
Conditioning the use and design of this room to a low level wall , prevents privacy and using the
room for multiple purposes. The use of this room is at the discretion of the owner and it could be
anything from a home theatre, spare room, play room, home office. It forms part of the residences
amenity and improves the liveable space within the apartment.
We envision this room with a high-level window at 1.8 m across the width of the wall and a door and
do not propose the wall at a maximum height of 1.5m
We ask this condition to be removed.
Officer response
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The requirement for a 1.5-metre-high wall was included to ensure that the room can not be used as
a bedroom due to concerns with the extent of ventilation and light available to the room.
It is acknowledged that other mechanisms may be available to prevent the room from being used as
a bedroom noting that the condition currently includes the wording that the study rooms must not be
used as bedrooms. The applicant’s request to delete the condition is not supported. It is also noted
that any Infrastructure Charges calculation would be based on the number of bedrooms available
within a unit.
It is recommended that the condition be re-worded to read:
5. The study rooms must not be used as a bedroom with these rooms to have at least one wall
with a maximum height of 1.5 metres or limited to sliding doors, concertina doors or the like.
Study rooms are rooms detailed on the plans which do not include a bed within the furnishings
Condition 14
14. Security in the form of a cash bond or trading bank guarantee to the sum of $100,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to pre-
start meeting. 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
Applicant’s position
Condition 14 is open ended and does not appear to be attached to specific project work. The
purpose of plan sealing at the completion of a project is to ensure the development meets all
Development Approval conditions before sealing the plan. If it doesn’t, then simply the plans are not
sealed preventing us from moving forward until satisfied. We do not feel this condition is reasonable
nor specific enough to enable considered administration and satisfaction.
We ask this condition to be removed.
Officer response
A performance bond condition is consistently applied to development approvals which involve
significant works and is consistent with Planning Scheme Policy 5 - Performance bonds which notes
that the bonds are used as an incentive to a developer to construct properly or develop in accordance
with the conditions of approval. The bond is returned of completion of the development and on
satisfactory completion of the conditions determined by inspection.
The applicant’s request to delete the condition is not supported but the condition could be amended
to reduce the bond to $50,000 noting that a separate bond is recommended in relation to tree
retention and there is minimal works required on public land for the development.
It is recommended that the condition be re-worded to read:
14. Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 must be
submitted to Council, to secure performance of all conditions of this approval, prior to pre-start
meeting. 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.
Condition 20
20. Each dwelling unit must be provided with access to an outdoor clothes line which is screened
from public view.
Applicant’s position
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We seek clarity on this item. We do not believe providing an outdoor clothes line for every dwelling
is practicable.
Stockwell’s proposed wording –
Provide residents with access to an outdoor clothesline in the common area which is screened from
public view.
Officer response
The condition does not require that each dwelling unit be provided with an outdoor clothes line. The
condition requires that each unit has access to an outdoor clothes line which is screened form public
view. Accordingly, there is no need to change this condition.
Condition 34
34. A maximum of 125 car parking spaces must be provided and marked on the site and made
available and accessible at all times. The works must be undertaken in accordance with an
Operational Works approval and must include in particular:
a. Minimum 9 visitor parking spaces and 4 motorcycle/scoter spaces within the total, which
are clearly marked for that purpose and accessible at all times for visitor use. These
spaces must be located outside of the basement.
b. 1 disabled parking space within the total
c. dimensions, crossfalls and gradients in accordance with Australian Standard
AS/NZS2890.1:2004 Parking Facilities
Applicant’s position
The below table was included within our development application for the proposed number of car
parking bays and was supported by a traffic report. Stockwell made a conscious decision to include
appropriate numbers of car bays in response to reviewing many of the historical approvals within
Noosa. Many of the historical applications received significant numbers of submitters expressing
concerns over inadequate parking provisions. Secondary to this consideration there will be limited
street parking availability along Hofmann Drive. We had held many discussions with the officers
around this and this proposed condition had never been communicated. We have taken the project
to market with these car bays and the sales include the car bays. This condition jeopardises those
contracts.
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We ask the proposed car parking is amended to allow a maximum of 134 carparking spaces as
provided for in the Development Application and supported by our traffic engineer.
Officer response
The Noosa Plan 2020 seeks to reduce the reliance on private motor vehicles and support a public
transport strategy by imposing a maximum limit on the number of car parking spaces that
developments provide in centre zones. The recommended condition is therefore consistent with this
intent and the provision of additional car parking above the 125 originally conditioned is not
warranted for this site given the pedestrian linkages around the site, existing public transport routes
and planned future transit hub within proximity of the subject site. Whilst the applicant may have
already taken the project to market with sales including the additional bays this is not relevant to
Council’s assessment, as the Planning Act 2016 specifically excludes a person’s personal
circumstances, financial or otherwise from the assessment of development applications.
Condition 47 (47c)
47. The development site must be landscaped. The works must be undertaken in accordance with
an Operational Works approval and the Noosa Plan for that specific area and Planning Scheme
Policy (PSP2) - Landscaping and must include in particular:
a. the works shown on the Approved Plans with the exception of the following:
i. Substitute Archontophoenix cunninghamiana (Bangalow Palm) for an appropriate
species selected from the Noosa Plan 2020 PSP20 Landscaping policy or endemic
to Noosa. Palms are not appropriate for this location (see section 6 of PSP2 –
Landscaping.
a. a 6 metre wide planted buffer, consisting of local native plant species suitable for the
location, as shown on the Approved Plans and as required by condition 53 of
RAL18/0023 ;
b. the provision of mature landscaping within the basement, as a consequence of the
deletion of the 9 car parking spaces, which protrudes through an opening at the podium
levels between buildings A and B;
c. protection of vegetation within the 10 metre wide Environmental and Conservation Zone;
d. vegetation installed for landscaping adjacent to the 10 metre wide vegetation strip
protected by the Environmental and Conservation Zone and Covenant J must only
include Noosa native species and not include any of the undesirable species as detailed
within the Noosa Plan 2020 - Scheme Policy 3 Landscaping;
e. the use of large tree species to provide visual screening of the bulk of the buildings from
Hofmann Drive and provide shade to the units from the afternoon sun, including 100 litre
specimens;
f. vegetated screening of any electrical transformers, bin storage areas and the like from
the road frontage;
g. provision of 1 advanced or ex-ground street tree within the road reserve for every 8
metres of road frontage; and
h. control of all weed species listed in the following standards and legislation:
i. declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate
Regulation 2016).
ii. Noosa Local Government Area Pest Management Plan 2015-2019.
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Applicant’s position
Stockwell does not support this condition and it achieves a very negative design outcome for the
project. Planting trees from the basement will create a large open-air cavity (void) to the basement
which exposes the basement area to weather, flooding, rubbish, leaves, falling trees and branches
and fall risk and safety for children. In addition it has an overall impact on the building structure and
the cost of the building construction.
We believe the purpose of the inclusion of this condition was to increase deep planting in the space
between the buildings. This was previously addressed with the officers by increasing the space
between Buildings A and B and moving the buildings behind a 6m setback zone. It was agreed that
this outcome was acceptable, and we closed the matter.
The below exert from the site plan shows extensive deep planting already proposed for this space
with further support of shrubbery and lower planting behind to ensure the density is supported. This
is well in excess of the required 6 metre buffer as per the planning scheme.
Officer response
It is acknowledged that a significant landscaped area is located between the front boundary and the
area identified to provide deep planting. It is also acknowledged that modification to the design of
the basement to accommodate the basement may result in some additional cost to the developer.
Notwithstanding, the removal of 9 car spaces from within the basement provides the opportunity for
an iconic vegetated outcome which will significantly enhance the separation between buildings A
and B. The matters raised by the applicant with regards to safety can be overcome by the provision
of balustrading.
Condition 53
53. Prior to the prestart meeting, a bank guarantee or a bond of $30,000 must be lodged as
security for the protection of the tree/s identified for retention in the conditions of this approval.
The bond:
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a. may be drawn upon by Council in its entirety if any one tree identified for retention is
damaged to the point where the tree cannot be saved (as confirmed by the project
arborist and agreed in writing by Council)
b. will be returned upon practical completion of all the operational works relating to this
development.
Applicant’s position
We do not have objection to a bond being held against works. We do feel however that loss of a full
$30,000 is unreasonable. There is no provision to replace the tree nor adjustment of value for one
tree over many. We understand and appreciate the intent of this bond/guarantee is to deter works
from causing damage with an appropriate stick in the vent this is not respected.
We propose amended wording to (a) as follows –
Council may request damaged trees to be replaced with a species of that which was damaged of
an appropriate size against the tree lost/damaged. In the event it is not replaced then Council may
call upon the Bond/bank guarantee to the value of the replacement tree, labour and associated works
to a 1.5 times value. In the event more than 5 trees are damaged the whole bond may be called
upon.
Officer response
Ensuring the protection of vegetation within the covenant area and the Environmental Management
and Conservation Zone is important, also noting the proximity of the works from these areas and the
potential risk for this vegetation to be damaged. Trees in these areas are mature trees and
consequently have a high value and not able to be replaced like for like and therefore the
recommended condition is considered appropriate.
Condition 56
56. A permanent chain wire fence, at least 1.8 metres high, must be constructed along the entire
length of the boundary of Lot 17 adjacent to Covenant J and along the full extent of the
southern edge of the Environmental Management and Conservation Zone, with the exception
of the 36 metre length of the swale where the fence is to be located on the northern side of
the swale. The fence must be constructed in accordance with an Operational Works approval
for Landscaping
Applicant’s position
We appreciate the need to ensure protection of the covenant J (OS7) area and buffer areas adjacent
and at the rear of our site. We hold no issue with fencing Covent J from the project site however ask
for flexibility on the presentation of this fence rather than being prescriptive. We wish to preserve the
aesthetic presentation for the new residents.
We do not support fencing the buffer area at the rear of the site for the following reasons. Fencing
would be unsightly creating an odd area as an isolated zone with no access for maintenance
including any litter which may be blown into the area. The area is not promoted as a usable space
by the project. The recreational pool area turns its back to this space restricting resident movement
into the area along with the proposed dog off leash area being fenced along this buffer line. In the
last remaining length of the area, we have positioned a bio-retention area and Building C is placed.
This demonstrates a careful consideration to restrict resident access whilst maintaining the ability to
maintain and preserve the area as is intended. This area is also located on a steep batter, which
would render the area unattractive for residents to wish to enter it. We feel this requirement is
unreasonable and not necessary. Further we wish to note that the covenant J wording already
requires specific fencing along the shared boundary with the project site.
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Given this we ask for this condition to be removed.
Officer response
The protection of covenant J from intrusion by people and domestic animals is important to protect
the ecological purpose of the covenant area. In this regard the requirement for fencing should be
maintained however it is acknowledged that greater flexibility can be provided regarding how this is
to be achieved.
Fencing to the southern perimeter of the Environmental Management and Conservation Zone has
been recommended to protect the environmental values and connectivity this area provides for
fauna. The connectivity being from Environmental Management and Conservation Zone on the
southern side of Hofmann Drive and the covenant area to the east of the site. This is detailed in the
following image.
Figure 1: Connectivity provided by the Environmental Management and Conservation Zone (Green)
To ensure that the fencing to the covenant J and Environmental Management and Conservation
Zone do not block this connectivity it is recommended that the fencing be wildlife friendly. The
applicant has advised that the off leash dog area will be fenced. It is therefore recommended that
the condition be amended to read as follows:
56. A permanent fence must be constructed:
a. Along the length of the boundary of approved Lot 17 adjacent to Covenant J, terminating
at the southern end of the mapped Environmental Management and Conservation Zone,
and
b. Along the full extent of the southern edge of the Environmental Management and
Conservation Zone, with the exception of the 36 metre length of the swale where the
fence is to be located on the northern side of the swale.
c. To the perimeter of the off-leash dog area.
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d. The fencing related to a. and b. must be fauna friendly.
e. The fence must be constructed in accordance with an Operational Works approval for
Landscaping.
Other matters:
At the General Committee meeting councillors also requested further details/clarification on the
following matters:
Dimensions of the proposed outdoor space at the rear of the units
Requirements for collection and separation of green waste
Consideration in the community management statement for maintenance of the area zoned
Environmental Management and Conservation
Availability of on street carparking in Hofmann Drive
The area of the proposed outdoor space to the rear of the units is approximately 2,400m2. This does
not include the 1,200m2 area within the Environmental Management and Conservation Zone.
The applicant has advised that it is likely that a contractor will be used to maintain the landscaped
areas and that green waste would be disposed of at a local transfer station. An overall outcome of
the Waste Management Code seeks that the storage, disposal and management of solid, liquid and
vegetative waste is conducted in a safe and ecologically sustainable manner without environmental
nuisance. It is therefore recommended that a condition be included to reflect this intent. It is
recommended that the condition read as follows:
Additional Condition to be Included – Condition 67
67. Storage, disposal and management of solid, liquid and vegetative waste is conducted in a safe
and ecologically sustainable manner without environmental nuisance. In this regard, vegetated
waste must be disposed of via a green waste bin or at a local transfer station.
To ensure the ongoing preservation of the Environmental Management and Conservation Zone it is
recommended that condition 22 be amended to include a requirement to maintain the Environmental
Management and Conservation Zone land.
The width of Hofmann Drive, at approximately 5.0 metres, is not suitable for the provision of on-
street carparking.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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ORDINARY MEETING AGENDA 16 JUNE 2022
10. CLOSED SESSION
Nil.
11. PUBLIC QUESTION TIME
Nil.
12. NEXT MEETING
The next Ordinary Meeting will be held on 21 July 2022 at the Council Chambers, 9 Pelican
Street, Tewantin commencing at 5pm.
13. MEETING CLOSURE
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