2019-06-17 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA     17 JUNE 2019


                                   ATTACHMENT 1




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GENERAL COMMITTEE MEETING AGENDA                                                       17 JUNE 2019

                                                                                    ATTACHMENT 1
      In the Planning and Environment Court                                  No. 2881 of 2018

      Held at: Brisbane

      Between:       NOOSA AIRFIELD PTY LTD                                        Appellant

      And:           NOOSA SHIRE COUNCIL                                         Respondent

                                         MEDIATION AGREEMENT

  The parties agree to resolve the appeal on the following basis:

  1. The Appellant will remove:

         (a) concrete and other builders waste from Location 1;
         (b) concrete fill material and rubble adjacent to causeway in Location 2; and
         (c) concrete and other builders waste in Location 3 and adjacent access way.

     As shown on attached plan (Attachment A)

  2. The Appellant will provide certification from a suitably qualified person that any material to be
     retained on-site, for the purpose of the maintenance of the landing strip, is clean fill.

  3. The Appellant will undertake the removal of fill (as per Point 1 above) and provide the
     certification as per Point 2 within 90 days of this agreement. If the Appellant requires
     additional time to complete the works due to circumstances beyond their control, it will
     contact Council to seek an extension. Council will not unreasonably refuse to grant an
     extension request.

  4. By 4pm 26 April 2019, the Appellant will prepare and submit a dimensioned plan showing the
     proposed vegetation rehabilitation areas and future car parking area in Location 3. This plan
     does not imply any approval of the car parking area by the Council.

  5. At the next available Council meeting, Council officers will recommend to Full Council that the
     appeal be resolved on the basis of Points 1 to 4 above.

  6. Subject to approval of the Full Council to the proposed works in Points 1 to 4 above, within:

        a) 90 days of the Full Council approval, the Appellant will submit to Council for approval a
            Revegetation Plan for Location 3 detailing the revegetation, species type and
            maintenance regime. The maintenance regime being no less than 3 years. The Council
            will not unreasonably withhold approval of the Revegetation Plan.
        b) 90 days of the approval of the Revegetation Plan the Appellant will undertake the
            works required by that Revegetation Plan.

  Subject to Council approval in Point 5 above, the appeal will be dismissed and the parties agree to
  bear their own costs.

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