102995-10 Permissible change request

To resolve this, we propose amendment to condition 9 to provide for an either / or scenario:
allowing the option to provide an earthworks certification for lot 102 OR registering a covenant
over the lot.

We provide suggested new wording for the condition below:

     “9.1 Certification of the earthworks undertaken on the lots provided by a RPEQ must be
     submitted to Council prior to the sealing of the survey plan. The certification must include:
     (a) Certification that the works have been undertaken in accordance with the provisions of AS
     3798 ‘Guidelines on Earthworks for Commercial and Residential Development’
     (b) Test results as required by AS 3798,
     (c) Certification of the quality and uniformity of the materials.

     This certification must be lodged with any Development Permit for Building Works to the
     Building Certifier.

     OR

     9.2 An as alternative to condition 9.1, at the time of lodgement of the survey plan with the
     Department of Natural Resources and Mines, register a covenant pursuant to section 97A of
     the Land Title Act 1994 over proposed allotment 102 (“Covenant Lot”). The covenant must
     be in accordance with the following:
     (a) For the purpose of the preservation of the Covenant Lot and any buildings to be
         constructed on the Covenant Lot, so that it may be used for industrial or commercial
         purposes without the risk of subterranean soil movement that could render the Covenant
         Lot unfit for industrial or commercial use;
     (b) All “development” (as defined in the Sustainable Planning Act 2009, regardless of the
         level of assessment) must comply with the requirements of the “Report on Geotechnical
         Investigation: 178 Eumundi-Noosa Road, Noosaville” prepared by Douglas Partners and
         dated 7 September 2015 (Project Ref: 33984.02);
     (c) Prior to any Development Permit for Building Works and associated earthworks for the
         Covenant Lot, the allotment owner must obtain certification from a suitable qualified
         geotechnical engineer stating that the proposed works are appropriate for the Covenant
         Lot. This certification must be lodged with any Development Permit for Building Works to
         the Building Certifier.
     (d) The certification described in 9.2(c) must make reference to, and be in accordance with
         the requirements of the “Report on Geotechnical Investigation: 178 Eumundi-Noosa
         Road, Noosaville” prepared by Douglas Partners and dated 7 September 2014 (Project
         Ref: 33984.02); and
     (e) The covenant must be in favour of Noosa Council.”

This request is supported by a Geotechnical Report as prepared by Douglas Partners Pty Ltd
dated 7 September 2015, as requested by Noosa Council. Refer to Attachment A.

INDEMNITY:

Pursuant to the advice received from Mark Lewis via email correspondence to Jason Eden), we
understand that Council sought ongoing indemnity that protects Council from any action from the
current owners or any subsequent owners.

Legal advice sought by Bunnings Properties Pty Ltd indicates that an approval condition cannot
require an indemnity.




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