MCU22/0051 Representations To Development Approval For Material Change Of Use - Hardware & Trade Supplies At 178 Eumundi Noosa Road, Noosaville · Attachment 2 - (MCU22/0051) - Planning Officer'S Report

Condition 20 – Performance Bond
20.   Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
      be submitted to Council, to secure performance of all conditions of this approval, prior to the
      issue of a Development Permit for Operational Works. The cash bond or trading bank
      guarantee will be returned on performance of the conditions of approval less any costs
      incurred by Council in respect of enforcing performance of this permit. Council reserves the
      right to call upon the bond or guaranteed sum to effect compliance with conditions.
Applicant’s Representation
The applicant requests that the condition be deleted as:
This appears to assume that Bunnings will not comply with the approval, which is contrary to a
proper legal approach. Further, it is unclear how long the security needs to be maintained given
that some conditions will need to be maintained over the life of the development (e.g. condition
16).
Assessment of Representation
The condition is consistent with Planning Scheme Policy No. 4 Performance Bonds.
Notwithstanding this, the condition could be amended to provide clarity that the bond will be
returned on completion of the development subject to satisfactory performance of the conditions
of approval at that time.
Conditions 21, 39 & 40 – Acid Sulfate Soils
21    The disturbance and release of Acid Sulphate Soils must be avoided by:
      a.    Undertaking an Acid Sulfate Soils investigation and soil analysis pursuant to the
            National Acid Sulfate Soils Guidance.
      b.    not excavating or otherwise removing soil or sediment containing ASS;
      c.    not permanently or temporarily extracting groundwater that results in the aeration of
            previously saturated ASS; and
      d.    not undertaking filling on land at or below 5 metres AHD that results in:-
            i.    actual ASS being moved below the water table; or previously saturated ASS
                  being aerated.
      Where potential or actual Acid Sulfate Soil is identified, all works must be caried out in
      accordance with an Acid Sulfate Soils Management Plan prepared by a qualified person*.
      *(Refer to Advisory Note)
39.   If earthworks trigger assessment, prepare an Acid Sulfate Soil Investigation Report and if
      required an Acid Sulfate Soils Management Plan prior to the commencement of works. The
      reports and analysis are to be undertaken in accordance with the Noosa Plan 2020 and
      prepared by a suitably qualified person.
40.   Prior to the commencement of use, provide certification from a suitably qualified person that
      all works have been undertaken in accordance with the Acid Sulfate Soil Management Plan.
Applicant’s Representation
Conditions 21, 39 and 40 relate to carrying out an acid sulfate soils investigation and potential
preparation of an Acid Sulfate Soils Management Plan if required. There is some overlap in the
requirements of condition 21 as compared with conditions 39 and 40.
All requirements with respect to acid sulfate soils should be consolidated into one or two conditions
contained in one section of the approval. Having requirements with respect to acid sulfate soils
split across separate sections in the approval, as is currently the case, may lead to confusion.
Assessment of Representation
It is agreed that there is repetitiveness in the 3 conditions and therefore it is recommended that
conditions 39 & 40 be deleted and Condition 21 incorporate the requirement for certification.