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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 49

Section 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;

                                                                                      Page 18 of 49

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.

                                                                                      Page 19 of 49

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

                                                                                         Page 20 of 49

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.

                                                                                    Page 21 of 49

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

                                                                                     Page 22 of 49

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.

                                                                                      Page 23 of 49

Section 24

ORDINARY MEETING AGENDA                                                               16 JUNE 2022




    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

                                                                                      Page 24 of 49

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

                                                                                      Page 25 of 49

Section 26

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.

                                                                                       Page 26 of 49

Section 27

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

                                                                                      Page 27 of 49

Section 28

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.




                                                                                    Page 28 of 49

Section 29

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.

                                                                                    Page 33 of 49

Section 34

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

Section 36

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.




                                                                                      Page 38 of 49

Section 39

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.



                                                                                      Page 39 of 49

Section 40

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.

                                                                                      Page 40 of 49

Section 41

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



                                                                                      Page 41 of 49

Section 42

ORDINARY MEETING AGENDA                                                                 16 JUNE 2022


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

                                                                                        Page 42 of 49

Section 43

ORDINARY MEETING AGENDA                                                              16 JUNE 2022



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.




                                                                                      Page 43 of 49

Section 44

ORDINARY MEETING AGENDA                                                                 16 JUNE 2022



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.



                                                                                        Page 44 of 49

Section 45

ORDINARY MEETING AGENDA                                                                    16 JUNE 2022


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:



                                                                                            Page 45 of 49

Section 46

ORDINARY MEETING AGENDA                                                                  16 JUNE 2022


      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.

                                                                                         Page 46 of 49

Section 47

ORDINARY MEETING AGENDA                                                              16 JUNE 2022


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.

                                                                                      Page 47 of 49

Section 48

ORDINARY MEETING AGENDA                                                                  16 JUNE 2022


       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




                                                                                         Page 48 of 49

Section 49

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




                                                                                 Page 49 of 49

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