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                       AGENDA


            Ordinary Meeting


          Thursday 17 February 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                                    17 FEBRUARY 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                                                    3

6.     PRESENTATIONS                                                       3

7.     DEPUTATIONS                                                         3

8.     CONSIDERATION OF COMMITTEE REPORTS                                  4

       1   PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 8 FEBRUARY
           2022                                                            4

       2   SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 8 FEBRUARY
           2022                                                            6

       3   GENERAL COMMITTEE MEETING REPORT – 14 FEBRUARY 2022             8

9.     ORDINARY MEETING REPORTS                                            29

10.    CLOSED SESSION                                                29

11.    PUBLIC QUESTION TIME                                                29

12.    NEXT MEETING                                                        29

13.    MEETING CLOSURE                                                     29




                                                                 Page 2 of 29

Section 3

ORDINARY MEETING AGENDA                                                  17 FEBRUARY 2022



1.   ATTENDANCE & APOLOGIES




2.   CONFIRMATION OF MINUTES

     The Minutes of the Ordinary Meeting held on 20 January 2022 be received and confirmed.




3.   MAYORAL MINUTES




4.   PETITIONS




5.   NOTIFIED MOTIONS

     Nil.




6.   PRESENTATIONS

     Nil.




7.   DEPUTATIONS

     Nil.




                                                                                 Page 3 of 29

Section 4

ORDINARY MEETING AGENDA                                                     17 FEBRUARY 2022


8.    CONSIDERATION OF COMMITTEE REPORTS


1     PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 8 FEBRUARY 2022

ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Brian Stockwell (Chair) (via Microsoft Teams)
Cr Karen Finzel (via Microsoft Teams)
Cr Tom Wegener (via Microsoft Teams)
Cr Clare Stewart (via Microsoft Teams)

Cr Amelia Lorentson (non-Committee Councillor) (via Microsoft Teams)

EXECUTIVE
L Sengstock, Acting Chief Executive Officer
L Jensen, Acting Director Environment & Sustainable Development (via Microsoft Teams)

APOLOGIES

Nil


COMMITTEE RECOMMENDATIONS TO COUNCIL


1     NOOSA COUNCIL CARBON FOOTPRINT REPORT FY 2020/2021
      That Council note the report by the Project Officer, Carbon Reduction to the Planning &
      Environment Committee Meeting dated 8 February 2022 that includes a calculation of the FY
      2020/201 Carbon Footprint for Noosa Council as an organisation and its progress towards the
      target of net zero emissions by 2026.


2     NOOSA ENVIRONMENT STRATEGY IMPLEMENTATION YEAR TWO ANNUAL UPDATE
      That Council note the report by the Acting Environmental Services Manager to the Planning &
      Environment Committee Meeting dated 08/02/2022, providing the year 2 annual report on the
      implementation of the Noosa Environment Strategy



3     WATER PLANNING FOR NOOSA SHIRE
      That Council note the report by the Acting Environment Services Manager to the Planning &
      Environment Committee Meeting dated 8 February 2022 and note:
      A.   the information pertaining to water security and management in Noosa Shire and the
           various water planning processes currently underway as discussed in this report and
           summarised in Attachment 1,
      B.   the formation of an internal Working Group to co-ordinate involvement, communication
           and outcomes from the water planning processes, and
      C.   the proposal to call an Environmental Round Table with Natural Resource Management
           groups to engage on the topic of regional water strategy.

                                                                                    Page 4 of 29

Section 5

ORDINARY MEETING AGENDA                                                                    17 FEBRUARY 2022


4    NOOSA RIVER ALGAE MONITORING UPDATE
     That Council note the report by the Environment Officer (Rivers and Coast) to the Planning &
     Environment Committee Meeting dated 8 February 2022 concerning the Noosa River Algae
     Monitoring Project Update with a meeting of environment experts being convened in the near
     future to consider next steps.


5    PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY FOR NOVEMBER &
     DECEMBER 2021
     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 application by Altum Constructions in Item 31 – MCU20/0150.1. I have a close personal friendship
     with Leigh and Rob McCready, who are associated with the applicant. As a result of my conflict of
     interest I will now leave the meeting room while the matter is considered and voted on.
     In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following
     declaration to the meeting of a declarable conflict of interest in this matter:
     I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter in relation to the
     application by Altum Constructions in Item 31 – MCU20/0150.1. Leigh McCready who is associated
     with the applicant was involved in a volunteer capacity with my 2020 election campaign where I was one
     of three candidates that ran as a group known as 'Future Noosa' (which is no longer an entity). As a
     result of my conflict of interest I will now leave the meeting room while the matter is considered and
     voted on.
     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 declare I have a prescribed conflict of interest in this matter as follows: Suncoast Building
     Approvals are identified as the applicant in number 26 for Development Application EXE21/0035. I
     contracted Suncoast Building Approvals to undertake Building Certification for my proposed residence
     in Boreen Point on the 29 November 2021. This process is currently underway. The total fees associated
     with the completion of the certification and inspection regime is $5,904 which includes Noosa Council
     Plumbing and Drainage fees. As a result of my conflict of interest I will now leave the meeting room
     while the matter is considered and voted on.
     That Planning & Environment Committee Agenda Item 5 be referred to the General Committee
     for further consideration.



6    MCU21/0013 & OPW21/0031 – PLANNING & ENVIRONMENT COURT
     APPEAL NO. BD2677 OF 2021 – REFUSAL OF AN APPLICATION FOR MULTIPLE
     DWELLING UNITS (19 UNITS), FOOD & DRINK OUTLET, INDOOR SPORT &
     RECREATION, HEALTH CARE SERVICE, OFFICE & OPERATIONAL WORKS AT 30-32
     DOONELLA ST, TEWANTIN
     That Planning & Environment Committee Agenda Item 7 be referred to the General Committee
     due to the significance of the issue.




Committee Recommendation
That the report of the Planning & Environment Committee dated 8 February 2022 be received and
the recommendations therein be adopted except where dealt with by separate resolution.




                                                                                                     Page 5 of 29

Section 6

ORDINARY MEETING AGENDA                                                        17 FEBRUARY 2022


2      SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 8 FEBRUARY 2022


ATTENDANCE & APOLOGIES

COUNCILLORS
Cr Joe Jurisevic (Chair)
Cr Amelia Lorentson
Cr Clare Stewart
Cr Frank Wilkie

Cr Karen Finzel (non-Committee Councillor)
Cr Tom Wegener (non-Committee Councillor)

EXECUTIVE
L Sengstock, Acting Chief Executive Officer & Director Infrastructure
K Contini, Director Community Services

APOLOGIES
Nil.

COMMITTEE RECOMMENDATIONS TO COUNCIL


1      2021 DELEGATIONS OF AUTHORITY ANNUAL REVIEW
       That Services & Organisation Committee Agenda Item 1 be referred to the General Committee
       due to the significance of the issue.


2      BBRF GRANT APPLICATION FOR NOOSA DISTRICT SPORTS COMPLEX – STAGE 1
       That Council note the report by the Community Development Officer (Sport and Recreation)
       to the Services & Organisation Committee Meeting dated 8 February 2022) and:
       A.   Approve the submission of a Building Better Regions Fund Round 6 application for a $3
            million $4,145,000 project to construct the Noosa District Sports Complex Internal Road
            and Pathway upgrade with 50% ($1,500,000 $2,072,500) to be funded through Council’s
            budget and the remaining 50% funded through the BBRF grant, pending a successful
            outcome.
       B.   Supplement the 2023/2024 budget with an additional $600,000 $1,172,500 Council
            general revenue funding to increase the budget allocation of Council funds to $1,500,000
            $2,072,500 in total, subject to any reallocation between financial years should the grant
            be successful and there be capacity to deliver the project early.


3      HOLIDAY PARKS FEES AND CHARGES
       That Council note the report by the Property Advisor – Commercial Property to the Services &
       Organisation Committee Meeting dated 8 February 2022 and:
       A.   Set fees and charges for the Noosa Holiday Parks to align with the cessation of the end
            of the July 2023 Queensland school holidays; and
       B.   Adopt the Proposed General Cost Recovery Fees and Commercial Charges schedule
            for Noosa Holiday Parks for the period ending Monday 10 July 2023 as detailed in the
            tables contained within the report.

                                                                                       Page 6 of 29

Section 7

ORDINARY MEETING AGENDA                                                     17 FEBRUARY 2022


4    NOOSA HOLIDAY PARKS UPDATE REPORT TO 31 DECEMBER 2021
     That Council note the report by the Property Advisor – Commercial Property to the Services &
     Organisation Committee Meeting dated 8 February 2022 providing an update on operations of
     the Noosa Holiday Park Business Activity to 31 December 2021.



5    CAPITAL PROGRAM DELIVERY STATUS – 31 DECEMBER 2021
     That Council note the report by the Infrastructure Planning, Design & Delivery Manager to the
     Services & Organisation Committee Meeting 8 February 2022 providing an update on the
     delivery of the 21/22 capital program as at 31 December 2021.



6    CUSTOMER SERVICE OPERATIONAL REPORT 2021
     That Council note the report by the Customer Service Manager to the Services & Organisation
     Committee Meeting dated 8 February 2022 providing an update on the activities of the Noosa
     Customer Service Branch.




Committee Recommendation
That the report of the Services & Organisation Committee dated 8 February 2022 be received and
the recommendations therein be adopted except where dealt with by separate resolution.




                                                                                    Page 7 of 29

Section 8

ORDINARY MEETING AGENDA                                                                     17 FEBRUARY 2022


3     GENERAL COMMITTEE MEETING REPORT – 14 FEBRUARY 2022


ATTENDANCE & APOLOGIES

COUNCILLORS
Cr Frank Wilkie
Cr Karen Finzel (via Microsoft Teams)
Cr Joe Jurisevic (via Microsoft Teams)
Cr Amelia Lorentson
Cr Clare Stewart (via Microsoft Teams)
Cr Brian Stockwell (via Microsoft Teams)
Cr Tom Wegener

EXECUTIVE
L Sengstock, Acting Chief Executive Officer & Director Infrastructure Services
L Jensen, Acting Director Environment & Sustainable Development (via Microsoft Teams)
T Grauf, Acting Director Corporate Services (via Microsoft Teams)
D Iezzi, Director Executive Services (via Microsoft Teams)
K Contini, Director Community Services (via Microsoft Teams)

APOLOGIES
Nil

COMMITTEE RECOMMENDATIONS TO COUNCIL


1     PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY FOR NOVEMBER &
      DECEMBER 2021
      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 application by Altum Constructions in Item 31 – MCU20/0150.1. I have a close personal friendship
      with Leigh and Rob McCready, who are associated with the applicant. As a result of my conflict of
      interest I will now leave the meeting room while the matter is considered and voted on.
      In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following
      declaration to the meeting of a declarable conflict of interest in this matter:
      I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter in relation to the
      application by Altum Constructions in Item 31 – MCU20/0150.1. Leigh McCready who is associated
      with the applicant was involved in a volunteer capacity with my 2020 election campaign where I was one
      of three candidates that ran as a group known as 'Future Noosa' (which is no longer an entity). As a
      result of my conflict of interest I will now leave the meeting room while the matter is considered and
      voted on.
      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 declare I have a prescribed conflict of interest in this matter as follows: Suncoast Building
      Approvals are identified as the applicant in number 26 for Development Application EXE21/0035. I
      contracted Suncoast Building Approvals to undertake Building Certification for my proposed residence
      in Boreen Point on the 29 November 2021. This process is currently underway. The total fees associated
      with the completion of the certification and inspection regime is $5,904 which includes Noosa Council
      Plumbing and Drainage fees. As a result of my conflict of interest I will now leave the meeting room
      while the matter is considered and voted on.


                                                                                                      Page 8 of 29

Section 9

ORDINARY MEETING AGENDA                                                     17 FEBRUARY 2022


2   REFER TO REPORT 10 (CLOSED SESSION ITEM)


3   2021 DELEGATIONS OF AUTHORITY ANNUAL REVIEW
    That Council note the report by the Governance Officer to the Services & Organisation
    Committee Meeting dated 08 February 2022 and adopt:
    A.   New Delegations - Pursuant to section 257 of the Local Government Act 2009, to
         delegate the powers of the Local Government outlined in the Delegations of Authority
         provided at Attachment 1, to the Chief Executive Officer of Council;
    B.   Updated Delegations - Pursuant to section 257 of the Local Government Act 2009, to
         delegate the powers of the Local Government outlined in the Delegations of Authority
         provided at Attachment 2, to the Chief Executive Officer of Council; and
    C.   Unchanged Delegations - Pursuant to section 257 of the Local Government Act 2009, to
         delegate the powers of the Local Government outlined in the Delegations of Authority
         provided at Attachment 3, to the Chief Executive Officer of Council.



4   30 TOULAMBI STREET, NOOSA HEADS DESCRIBED AS LOT 15 RP129286 - SITE
    INVESTIGATION FOR SOCIAL HOUSING AND MEMORANDUM OF UNDERSTANDING
    WITH COMMUNITY HOUSING PROVIDER
    That Council note the report by the Senior Strategic Planner to the General Committee Meeting
    dated 14 February 2022 and agree to:
    A.   Not proceed with any further investigation at 30 Toulambi Street for social or affordable
         housing;
    B.   Resolve to amend the Noosa Plan 2020 by having 30 Toulambi Street included in the
         Environmental Management and Conservation Zone;
    C.   Delegate to the Chief Executive Officer to finalise the details of a Memorandum of
         Understanding with Coast2Bay Housing Group to allow collaboration and investigations
         for social housing/affordable housing outcomes on Council owned land and other land
         or opportunities across the Shire.
    D.   Invite the Federal Member for Wide Bay to a roundtable meeting to discuss the
         implications of the phase-out of the National Rental Assistance scheme.
    E.   Prepare an updated Management Plan for Pinnaroo Park in accordance with the Noosa
         Bushland Reserve Strategic Management Plan and refer the consideration of this to the
         2022/2023 budget process.
    F.    Acknowledge the commitment, dedication, local knowledge and years of volunteering
         work from the former Pinnaroo Park Community Bushland Care Group and adjacent
         residents who have assisted with management activities within the Reserve, including
         assisting with the control of environmentally damaging weed species, assisting with
         revegetation of denuded areas by planting local native species and for providing
         opportunities for community members to connect and become involved in the
         management of bushland values of the area.




                                                                                    Page 9 of 29

Section 10

ORDINARY MEETING AGENDA                                                         17 FEBRUARY 2022


5   MCU21/0162 - APPLICATION FOR A MATERIAL CHANGE OF USE – COMMUNITY USE
    (SURF MUSEUM), FOOD AND DRINK OUTLET, INDOOR SPORT AND RECREATION AND
    OFFICES AT 3 HILTON TERRACE, TEWANTIN
    That Council note the report by the Development Planner to the General Committee Meeting
    dated 14 February 2022 regarding Application No. MCU21/0162 for a Development Permit for
    Material Change of Use - Community Use (Surf Museum), Food and Drink Outlet (Restaurant),
    Indoor Sport and Recreation (Gym) & Offices situated at Noosa Lakes Resort 3 & 95/3 Hilton
    Tce Tewantin:
    A.   Approve the application in accordance with the following conditions:
         PLANNING
         When Conditions must be Complied With
         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.
          Plan No.   Rev.   Plan/Document Name                                             Date
          TP101      A      Site Plan, Skeco Building Design                               13/08/21
          TP202      A      Existing First Floor Plan, Skeco Building Design (annotated)   13/08/21
          TP203      A      New Ground Layout Plan, Skeco Building Design (annotated)      13/08/21
          TP204      A      Café Bar Restaurant, Skeco Building Design                     13/08/21
          TP205      A      Gymnasium, Skeco Building Design                               13/08/21
         Nature and Extent of Approved Use
         3.    Service vehicle movements associated with the approved use (including loading
               and unloading) must not occur outside the hours of 7am to 6pm Monday to
               Saturday and not at all on Sundays or public holidays.
         4.    The outdoor dining area associated with the Food and Drink establishment must
               not exceed 39m2.
         5.    Classes in the gymnasium are limited to a maximum of 10 people at any given time
               (excluding staff).
         6.    The offices must be in accordance with the approved first floor plan, and include a
               minimum of 16 small office tenancies, with rooms 17 and 18 comprising a shared
               multi-purpose room and boardroom.
         Currency Period
         7.    This development approval lapses if the use has not happened by 17 February
               2028, unless an application to extend the currency period is approved by Council.
         Street Identification
         8.    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.
         Damage to infrastructure
         9.    Any damage to footpaths, street plantings, natural vegetation/trees kerb and
               channel, bridges or roadways must be repaired or reinstated to at least pre-existing
               conditions.


                                                                                       Page 10 of 29

Section 11

ORDINARY MEETING AGENDA                                                      17 FEBRUARY 2022


         Building Appearance
         10.   All mechanical equipment and other service infrastructure located on the site must
               be:
               a.   located not less than 2 metres from a property boundary
               b.   fully enclosed or screened such that they are not visible from the street
                    frontages nor adjoining properties. Where screened by landscaping,
                    landscaping beds must be at least 1.5 metres wide.
              No part of the site may be used for outdoor storage of materials unless specified
              on the Approved Plans or the conditions of this Decision Notice. Materials stored
              outside of the building must not exceed 4 metres in height or half the height of the
              building, whichever is the greater.
         Car Parking
         11.   A minimum of 31 car parking spaces must be provided and marked on the site and
               made available and accessible at all times while the uses are open for business.
               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.
         12.   Directional signage must be provided to direct visitors and customers to the car
               parking spaces provided on site.
         Landscaping Works
         13.   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 must include in particular:
               a.   the works shown on the Approved Plans
               b.   revitalisation of the existing landscape beds and landscape setbacks along
                    the Hilton Terrace Road frontage of the subject site (where the conference
                    building is located), exclusive of the access driveway, generally
                    uncompromised by infrastructure items.
         14.   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.
         15.   All landscape works must be maintained generally in accordance with the
               approved design for the life of the development.
    B.   Refuse the proposed Offices for the following reasons:
         1.    The proposed Offices are not consistent with the purpose of the Tourist
               Accommodation Zone as the use does not support short-term accommodation and
               tourist attractions.
         2.    The proposed Offices are not consistent with Overall Outcomes (2)(a), (2)(b) and
               (2)(y) and Performance Outcomes PO1, PO2, PO3 and Acceptable Outcome 3.2
               of the Tourist Accommodation Zone Code because:
               a.   The offices will not complement and enhance the function and attractiveness
                    of the areas a visitor destination as the offices do not cater to the needs of
                    visitors or residents enjoying the area.
               b.   The offices will not serve visitors and preserve the role of the area as tourism
                    focus area.
               c.   Offices are not intended to establish in the Tourist Accommodation zone
                    unless they support the area’s accommodation facilities and tourism and
                    recreation activities.

                                                                                    Page 11 of 29

Section 12

ORDINARY MEETING AGENDA                                                      17 FEBRUARY 2022


         3.    The proposed offices are contrary to the Strategic Intent and Outcomes for the
               Shire as commercial offices are intended to be located in the defined centres and
               key visitor areas intended for tourism activities.
         4.    There is no need for additional land or floor space outside the designated business
               centres for offices.
    B.   Find the following matters relevant to the assessment and sufficient reason to approve
         the application:
         1.    The proposal is consistent with the Tourist accommodation zone overall outcome
               2(b) which envisages that visitor accommodation in the urban areas is supported
               by a mix of business activities which create a vibrant atmosphere and complement
               and enhance the function and attractiveness of the area as a visitor destination
         2.    The office space will encourage business tourism and act as an incubator for start-
               up businesses and is of a scale that is ancillary to the visitor accommodation.
         3.    The office space is of a nature and scale that is compatible with the mixed-use
               character and coastal amenity of the area.
         4.    The proposed office space will not compromise the viability of the Noosa Shire
               centres hierarchy considering the specific nature of office space and it small gross
               floor area.
    C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.



6   ORGANISATIONAL STRUCTURE
    That Council note the report by the Director Executive Services Department to the General
    Committee Meeting dated 14 February 2022 and adopt the Noosa Council Organisational
    Structure as set out in Attachment 1 to the report.



7   COUNCILLOR REPRESENTATION ON COUNCIL OF MAYORS WORKING GROUPS
    That Council note the report by the Acting Chief Executive Officer to the General Committee
    Meeting dated 14 February 2021 and
    1.   Appoint Cr Stewart as Council’s representative on the SEQ 2032 Legacy Working Group;
    2.   Appoint Cr Joe Jurisevic as Council’s representative and Cr Tom Wegener as the proxy
         for the SEQ Waste Working Group;
    3.   Appoint Cr Amelia Lorentson as Council’s representative and Cr Karen Finzel as the
         proxy for the SEQ Economic Development Working Group.



8   FINANCIAL PERFORMANCE REPORT – JANUARY 2022
    That Council note the report by the Financial Services Manager (Acting) to the General
    Committee Meeting dated 14 February 2022 outlining January 2022 year to date financial
    performance against budget, including changes to the financial performance report with the
    inclusion of key financial sustainability indicators.




                                                                                    Page 12 of 29

Section 13

ORDINARY MEETING AGENDA                                                                17 FEBRUARY 2022


9    OPERATIONAL PLAN PROGRESS REPORT – SECOND QUARTER 2021-22
     That Council note the report by the Chief Executive Officer to the Services and Organisation
     Committee Meeting dated 14 February 2022 regarding the 2021-22 Operational Plan and:
     A.    Note the progress report for the 2021-22 Operational Plan to 31 December 2021
           provided as Attachment 1; and
     B.    Note the status of Council’s Key Performance Indicators provided as Attachment 2.




10   MCU21/0013 & OPW21/0031 – PLANNING & ENVIRONMENT COURT
     APPEAL NO. BD2677 OF 2021 – REFUSAL OF AN APPLICATION FOR MULTIPLE
     DWELLING UNITS (19 UNITS), FOOD & DRINK OUTLET, INDOOR SPORT &
     RECREATION, HEALTH CARE SERVICE, OFFICE & OPERATIONAL WORKS AT 30-32
     DOONELLA ST, TEWANTIN
     In accordance with Chapter 5B of the Local Government Act 2009, Cr Jurisevic provided the following
     declaration to the meeting of a declarable conflict of interest in this matter:
     I, Cr Jurisevic declare I have a declarable conflict of interest in this matter as the matter is a planning
     application for a Doonella St property that is at least in part owned by Chris Wright, as I understand it.
     My family and I have had a close relationship with Chris Wright and his family over the years that we
     have lived in Tewantin. The nature of the relationship stems from my wife having worked for Chris’ wife,
     Kelly and in the same office where Chris’ business is located. Kelly was also the Treasurer of the
     Sunshine Beach State High School P&C during my term as P&C President. My wife and I attended
     Chris and Kelly’s wedding as well as several social gatherings at each other’s houses over the years as
     our children were close friends and attended the same playgroup and schools growing up. As a result
     of my conflict I will leave the meeting room while the matter is considered and voted on.
     That Council note the report by the Manager Development Assessment to the General
     Committee Meeting dated 8 February 2022 regarding Planning & Environment Court Appeal
     No. BD267 of 2021 and agree to settle the appeal generally in accordance with the following
     conditions:
     MATERIAL CHANGE OF USE - MCU21/0013
     PLANNING
     When Conditions must be Complied With
     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.
           Plan No.    Rev.    Plan/Document Name                                                 Date
           SD01        13      Site Plan, prepared by Archicology P/L                             08/07/21
           SD02        12      Ground / Carpark Plan, prepared by Archicology P/L                 08/07/21
           SD03        10      Level 1 Plan, prepared by Archicology P/L                          31/05/21
           SD3A        2       LHA-SDA Compliance Plan, prepared by Archicology P/L               14/05/21
           SD04        6       Level 2 Plan, prepared by Archicology P/L                          23/04/21
           SD06        6       Roof Plan, prepared by Archicology P/L                             31/05/21
           SD10        10      Elevations, prepared by Archicology P/L                            08/07/21
           SD11        10      Elevations, prepared by Archicology P/L                            08/07/21
           SD12        7       Sections A, B, prepared by Archicology P/L                         23/04/21
           SD13        7       Sections C, D, prepared by Archicology P/L                         14/05/21

                                                                                               Page 13 of 29

Section 14

ORDINARY MEETING AGENDA                                                         17 FEBRUARY 2022


          Plan No.   Rev.   Plan/Document Name                                          Date
          SD14       10     3D Impression 01, 02, prepared by Archicology P/L           08/07/21
          SD15       9      3D Impression 03, 04, prepared by Archicology P/L           08/07/21
          SD16       6      3D Impression 05, 06, prepared by Archicology P/L           23/04/21
          SD17       6      3D Impression 07, prepared by Archicology P/L               23/04/21
    Nature and Extent of Approved Use
    3.    No more than one Food and drink outlet is approved to operate at any one time and must
          be located in one tenancy only as identified on the approved plans of development. The
          Food and drink outlet must only operate between the hours of 7am and 9pm, 7 days per
          week.
    4.    Class sizes for the Indoor Recreation use are not to exceed 5 persons at any one time
          between the hours of 9am and 5pm.
    5.    All dwelling units must have a gross floor area of no more than 100m 2 pursuant to the
          definition of a ‘small dwelling’ under the Noosa Plan 2020.
    6.    Service vehicle movements associated with non-residential uses on the premises
          (including loading and unloading) must not occur outside the hours of 7am to 6pm
          Monday to Saturday and not at all on Sundays or public holidays. The requirements of
          this condition must be included in the Community Management Statement for any body
          corporate for the subject site.
    Currency Period
    7.    This development approval lapses if the use has not happened by 17 February 2028,
          unless an application to extend the currency period is approved by Council.
    Building Height
    8.    The maximum height of the development must not exceed the building height and
          storeys shown on 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.
    Performance Bond
    10.   Security in the form of a cash bond or trading bank guarantee to the sum of $30,000
          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.
    Built form
    11.   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.
    12.   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.
    13.   External finishes must be as per the approved plans of development.
    14.   External colours must be muted environmental tones that blend with the natural
          environment.
    15.   The Energex PMT and the Fire hydrant booster must be finished in a colour that blends
          with the natural environment and the development.
    Communal Recreation Areas


                                                                                     Page 14 of 29

Section 15

ORDINARY MEETING AGENDA                                                     17 FEBRUARY 2022


    16.   Communal recreation area/s must be provided as shown on the approved plans of
          development.
    Street Identification
    17.   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
    18.   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).
    19.   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.
    ENGINEERING
    Site Access and Driveways
    20.   Sealed access driveways must be provided from Doonella Street to all parking and
          manoeuvring areas of the development. The works must be undertaken in accordance
          with the conditions of this Decision Notice and must include in particular:
          a.   driveway crossovers generally in accordance with Council’s standard drawing RS-
               051;
          b.   suitable safety measures, including warning signage, to improve driver awareness
               of pedestrians and enhance pedestrian safety. Warning signage must be provided
               near the exit ramp from the parking area to warn motorists of pedestrian movement
               along the frontage street.
    Car Parking
    21.   Thirty three (33) 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
          the conditions of this Decision Notice and must include in particular:
          a.   for the residential development, a maximum of 20 parking spaces within the total,
               which are clearly marked for that purpose and accessible at all times; and
          b.   the balance of carparking for the commercial uses; and
          c.   12 motorcycle spaces; and
          d.   disabled parking spaces as shown on the approved plans; and
          e.   dimensions, crossfalls and gradients in accordance with Australian Standard
               AS2890: Parking Facilities.
    22.   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.
    23.   Directional signage must be provided to direct visitors and customers to the car parking
          spaces provided on site.
    Pedestrian and Bicycle Facilities
    24.   Pedestrian and bicycle facilities must be provided for the development. The works must
          be undertaken in accordance with the conditions of this Decision Notice and must include
          in particular:
          a.   a 2 metre wide concrete footpath within the road verge, the same colour as the
               existing (dark), for the entire length of the site’s frontage to Doonella Street;

                                                                                   Page 15 of 29

Section 16

ORDINARY MEETING AGENDA                                                      17 FEBRUARY 2022


          b.   a 2m wide concrete pathway for the full length of the ‘public thoroughfare’
               easement, along the full length of the easement located along the northern
               boundary
          c.   pedestrian pathways between the proposed car parking area and the building/s;
          d.   adequate separation of all specific pedestrian routes from vehicle access and
               manoeuvring areas, and clear demarcation by pavement marking, signposts or
               changes in surface materials or levels;
          e.   signage and lighting at strategic locations to direct people to building entries and
               public toilet facilities;
          f.   bicycle parking spaces and lockers as shown on the approved Ground / Carpark
               Plan (Plan SD02, Iss.12).
    Stormwater Drainage
    25.   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 the conditions of
          this Decision Notice.
    Services
    26.   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.
    27.   27.Certification must be submitted to Council from all relevant service providers
          (Energex, NBN and Unitywater) which certifies that the development has met the
          requirements of this Decision Notice and all applicable legislation at the time of
          construction.
    Easements
    28.   A 3 metre wide easement for “Public Thoroughfare” must be registered against the title
          of the property in favour of Council. The easement must be located as shown, in red, on
          Drawing No. SD03, titled “Level 1 Plan”, Issue 10, dated 31/05/2021 and prepared by
          Archicology P/L.
    29.   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.
    30.   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.
    31.   All works must be kept clear of any existing or proposed easements on the subject land,
          unless agreed otherwise in writing by the Grantee.
    Geotechnical Stability
    32.   All works must be carried out generally in accordance with geotechnical investigation
          report 18151-001-Rev0, titled: “Proposed Commercial & Residential Development 30-32
          Doonella St Tewantin”, dated 22 June 2018 and prepared by Tectonic Geotechnical and
          Environmental Engineers.
    33.   Certification must be submitted to Council from a qualified person* which certifies that
          the development has been constructed in accordance with the recommendations
          contained in geotechnical investigation report 18151-001-Rev0, titled: “Proposed
          Commercial & Residential Development 30-32 Doonella St Tewantin”, dated 22 June
          2018 and prepared by Tectonic Geotechnical and Environmental Engineers, and that the

                                                                                    Page 16 of 29

Section 17

ORDINARY MEETING AGENDA                                                       17 FEBRUARY 2022


          development has a minimum factor of safety against landslip of 1.5 in the long term.
          *(Refer to advisory Note)
    Earthworks and Retaining Walls
    34.   All fill and associated batters must be undertaken in accordance with the conditions of
          this Decision notice, and 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.
    35.   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.
    36.   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.
    37.   The retaining wall located to the north of the bio basin (shown on section D of
          A6035/21/D1, E with a TOW of RL8.4) must be amended to not exceed 0.8m above the
          NGL. The area between this retaining wall and the footpath further north can either be
          tiered (retaining walls no greater than 0.8m above NGL) or battered (1:4) to the footpath
          to the north.
    Damage to Services and Assets
    38.   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.
    Water quality
    39.   The site must be provided with a stormwater drainage system connecting to a lawful
          point of discharge. The works must include in particular:
          a.    Water quality treatment features that achieve the following pollutant reduction
                targets as measured by a MUSIC model developed in accordance with the Water
                by Design MUSIC modelling guidelines;
          b.    the use of gravity stormwater drainage and not surcharge pits;
          c.    A stormwater quality treatment system must be provided for the development that
                achieved 80% reduction in Total Suspended Solids, 60% reduction in Total
                Phosphorous, 45% reduction in Total Nitrogen compared to an unmitigated
                scenario. The works must be undertaken in accordance with an Operational Works
                approval and the Water by Design Guidelines.
    40.   All stormwater quality treatment devices must be maintained in accordance with the
          Water by Design (2009) - Maintaining Vegetated Stormwater Assets (Version 1). A copy
          of this document must be retained on the site together with the approved Operational
          Works drawings for the stormwater quality treatment system and a detailed life cycle
          costing of the system attached as an addendum. Records of all maintenance activities
          undertaken must be kept and made available to Council upon request.
    41.   Any proposed Community Management Statement required for the development must

                                                                                     Page 17 of 29

Section 18

ORDINARY MEETING AGENDA                                                       17 FEBRUARY 2022


          include the Water by Design (2009) – Maintaining Vegetated Stormwater Assets (Version
          1) document and must include the full cost of maintaining the system in accordance with
          that document.
    42.   Operating rainwater collection and stormwater harvesting tanks must be provided as
          shown identified in section 6.2 of the Engineering Report & Stormwater Management
          Plan report For Proposed Residential and Commercial Tenancies at 30-32 Doonella St
          (A6035/21/ENG/RevB). The tanks must be provided in accordance with an Operational
          Works approval.
    43.   Certification must be submitted to Council from a qualified person* which certifies that
          the rainwater collection tank/s and associated reticulation has/have been installed in
          accordance with the requirements of this Decision Notice.
          *(Refer to Advisory Note)
    Acid Sulfate Soils
    44.   All waters, including stormwater runoff, groundwater seepage and leachate must achieve
          the following quality prior to release from the site at all times:
          a.    a pH range of 6.5-8.5 pH units;
          b.    50mg/L maximum total suspended solids concentration;
          c.    0.3mg/L maximum total iron concentration;
          d.    0.2mg/L maximum total aluminium concentration; and
          e.    no visible plume at either the point of release from the site or within a waterway.
    ENVIRONMENTAL HEALTH
    Waste Storage
    45.   The developer must provide waste storage and disposal facilities in accordance with
          Planning Scheme Policy 9, Waste Management, including an external imperviously
          paved area correctly sized for all refuse and recycling containers and suitably screened
          from public places and neighbouring properties.
    46.   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 is to be designed to prevent storm water entry
          to the sewerage system which can be achieved by a bunded area, with a nib wall height
          of 100mm maximum, enclosing a wash area of 700mm x 700mm minimum (max 0.7m²).
          Alternatively, the waste area can be roofed, or any other appropriate design approved
          by Council.
          Noise
    47.   Written certification is required from a suitably qualified person confirming that sound
          pressure levels from all mechanical plant and equipment comply with the following:
          a.    Air-conditioning and Refrigeration
                   •   7am to 10pm: Maximum level allowable = background + 5dB(A)
                   •   10pm to 7am: Maximum level allowable = background + 3dB(A)
          b.      Pumps
                   •   7am to 7pm: Maximum level allowable = background + 5dB(A)
                   •   7pm to 10pm: Maximum level allowable = background + 3dB(A)
                   •   10pm to 7am: No audible noise.
    48.   The certification must be submitted to Council, which certifies that operational noise from
          any fixed plant and equipment complies with the requirements of this Decision Notice.


                                                                                     Page 18 of 29

Section 19

ORDINARY MEETING AGENDA                                                       17 FEBRUARY 2022


    Kitchen Exhaust (Food and drink outlet)
    49.   Kitchen exhaust points for the Food and drink outlet must be located and operated in
          accordance with Australian Standard AS1668.2-2002 “The use of ventilation and air-
          conditioning in buildings” (specifically Section 5.10 – Air Discharges).
    50.   The development must be constructed with reticulated ducting inside the building to
          transfer kitchen exhaust fumes to a discharge point on the roof.
    51.   Submission of written certification must be provided from a suitably qualified person
          confirming that the kitchen exhaust is constructed, installed and is operating in
          accordance with Australian Standard AS1668.2-2002.
    52.   The assessment and certification is required immediately after installation of the
          equipment and prior to any occupation of the building, and in a format approved by
          Council.
    Outdoor Lighting Devices
    53.   Lighting associated with the use must be designed, sited, installed and tested to comply
          with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive
          effects of outdoor lighting” using a control level of 1.
    54.   Certification must be submitted to Council from a qualified person which certifies that all
          outdoor lighting devices comply with the requirements of this Decision Notice at the time
          of commissioning.
          For the purpose of certifying outdoor lighting devices for the development, a qualified
          person is:
          a.    a Registered Professional Engineer of Queensland;
          b.    an environmental or electrical design consultant with a minimum of 3 years current
                experience in the field of outdoor lighting.
    LANDSCAPING
    55.   The development site must be landscaped. The works must be undertaken in
          accordance Noosa Plan PSP 2 – Landscaping and generally in accordance with the
          approved Landscaping Plans and in particular:
          a.    A 1m wide garden along the south side of the ‘public thoroughfare’ easement must
                be provided which includes native species that effectively screen the development
                and grow to a minimum mature height of 4m.
          b.    Plantings along the eastern side of the bio basin must grow to a minimum height
                of 3-4m and provide screening to the car parking area.
          c.    Landscaping works to provide a suitable visual screening buffer between the
                building and the easement with a minimum garden bed width of 800mm.
          d.    The proposed 25 litre pot size feature trees within the front setback (facing
                Doonella Street) must be replaced with 45 litre pot size plants (the SYZ hem, CUP
                ana, ELA ret, ACR imp species)
          e.    The existing street trees in the road reserve may be removed. If removed they
                must be replaced with 4 x ex-ground Delonix regia (poinciana’s) as shown on the
                approved operational works landscape plans.
    56.   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.



                                                                                     Page 19 of 29

Section 20

ORDINARY MEETING AGENDA                                                      17 FEBRUARY 2022


    Signage
    57.   Advertising devices must comply with Council’s signage policy.
    OPERATIONAL WORKS - OPW21/0031
    Approved Plans
    58.   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.
      Plan No.          Rev.   Plan/Document Name                                       Date
      SD02              12     Ground / Carpark Plan, prepared by Archicology P/L       08/07/2021
      A6035/21/EW01     F      Earthworks Layout Plan, prepared by Alta Engineering     25/05/2021
      A6035/21/R01      F      Roadworks Layout Plan, prepared by Alta Engineering      25/05/2021
      A6035/21/R03      E      Roadworks Doonella Street – Cross Sections, prepared     25/05/2021
                               by Alta Engineering
      A6035/21/R04      B      Roadworks Setout Plan, prepared by Alta Engineering      25/05/2021
      A6035/21/R08      A      Roadworks Boundary Cross Sections, prepared by Alta      25/05/2021
                               Engineering
      A6035/21/D01      E      Stormwater Layout Plan, prepared by Alta Engineering     25/05/2021
      A6035/21/D02      E      Stormwater Drainage Details, prepared by Alta            25/05/2021
                               Engineering
      A6035/21/D03      B      Stormwater Drainage Setout Plan, prepared by Alta        25/05/2021
                               Engineering
      A6035/21/WQ01     E      Stormwater Treatment Catchment Plan, prepared by Alta    25/05/2021
                               Engineering
      A6035/21/WQ02     E      Stormwater Quality Layout Plan and Notes, prepared by    25/05/2021
                               Alta Engineering
      A6035/21/WQ03     E      Stormwater Quality Bio Basin Calculations and Details,   25/05/2021
                               prepared by Alta Engineering
            CD-001      J      Vegetation Management Plan, prepared by Project Urban    2021.05.28
            CD-002      L      Landscape Plan – In Ground, prepared by Project Urban    2021.05.28
            CD-003      K      Landscape Plan – In Ground, prepared by Project Urban    2021.01.25
            CD-004      I      Landscape Plan – On Podium, prepared by Project Urban    2021.01.25
            CD-005      I      Landscape Plan – Boundary Fences, prepared by Project    2021.01.25
                               Urban
            CD-200      L      Construction Details, prepared by Project Urban          2021.01.25
            CD-201      C      Planting Schedule, prepared by Project Urban             2021.01.28
            CD-202      B      Planting Schedule, prepared by Project Urban             2021.07.07
    CURRENCY PERIOD
    59.   The Currency Period for this development approval lapses if the development has not
          substantially started by 17 February 2024, unless an application to extend the currency
          period is approved by Council.
    PRIOR TO COMMENCEMENT OF WORKS
    Engineering
    60.   All necessary approvals from external service providers (e.g. Unitywater) and external
          parties on which the development works are proposed have been obtained and a copy
          supplied to Council.
    61.   A condition report of the drainage system must be completed for agreement prior to the
          prestart meeting. The condition report is to include a CCTV inspection of the existing
          pipe and must include at least 50m upstream and downstream of all works.
    62.   A condition report including photographs of the frontage of the site must be completed
          and submitted to council prior to the prestart meeting.
    63.   Certificates demonstrating currency of public liability insurance and works insurance

                                                                                    Page 20 of 29

Section 21

ORDINARY MEETING AGENDA                                                       17 FEBRUARY 2022


          covering the works must be submitted to Council prior to the prestart meeting.
    64.   Council must be contacted at least 5 working days prior to any works commencing to
          organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500.
          The pre-start meeting must include the relevant parties for the following aspects of the
          works:
          a.   Civil engineering works;
          b.   Landscape works;
          c.   Erosion and sediment control works;
          d.   Other relevant parties.
    65.   A Construction Management Plan must be submitted to Council prior to the pre-start
          meeting and must specifically address the following:
          a.   Traffic Management during all aspects of the construct phase including:
               i.     A Traffic Management Control Plan in accordance with Manual of Uniform
                      Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
                      control measures prior to construction;
               ii.    Maintenance of safe pedestrian access across the frontage of the site both
                      during daily construction and after daily construction has ceased;
               iii.   Proposed fencing to the site during the construction phase of the
                      development;
               iv.    Adequate parking arrangements for construction workers;
               v.     No queuing of trucks is permitted on residential streets, especially prior to
                      7.00am. Further parked trucks must have engines turned off.
          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;
          c.   Provision for safe pedestrian access across the frontage of the site both during
               daily construction and after daily construction has ceased;
          d.   Works programme identifying key components of the works and their respective
               durations;
          e.   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 and services and other relevant issues;
          f.   Include a post out to the local residents and businesses advising of the proposed
               development, the expected time frames and the site contact details.
          g.   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;
          h.   identification of complaint management procedures including:
               i.     contact details for the on-site manager;
               ii.    dispute resolution procedures;
          i.   For haulage operations involving significant volumes of excavated material being
               transported off the site: details on the location of external site, the haulage route,
               type of vehicle to be utilised during excavation operations and frequency of usage.
               NB any damage to the existing road system as a result of haulage operations must
               be fully repaired at the applicant’s expense.


                                                                                     Page 21 of 29

Section 22

ORDINARY MEETING AGENDA                                                        17 FEBRUARY 2022


    66.   Any changes to the details associated with the supervising RPEQ or Principal Contractor
          during construction, must be notified to council in writing within five business days of the
          change occurring.
    67.   Any conflict between the development and an existing or proposed service must be
          referred to the relevant service authority for determination prior to commencement of
          works.
    DURING CONSTRUCTION
    Engineering
    68.   All works must be supervised by a Registered Professional Engineer of Queensland
          (RPEQ) who is independent of the Developer and Principal Contractor, and they must
          certify that all works conform to the Operational Works permit. Where municipal works
          are involved, such confirmation must be submitted for the respective hold points prior to
          any site inspection by Council Officers.
    69.   All works must be constructed and work procedure undertaken in accordance with:
          a.    The approved plans/documents and conditions detailed in this Decision Notice;
          b.    All relevant Noosa Council Planning Scheme Policies, standard drawings,
                standard specifications and guidelines;
          c.    The latest version of the Healthy Waterways document “Water Sensitive Urban
                Design Technical Design Guidelines for South East Queensland” for all water
                quality devices to be constructed on site.
    Roadworks
    70.   The installation and/or modification of any traffic signs, street signs, line marking and
          Raised Reflective Pavement Markings (RRPMs) must be in accordance with the Manual
          of Uniform Traffic Control Devices (MUTCD). New or relocated signage must be installed
          using the VLok installation system. All new signage must be Class 1 retroreflective
          material in accordance with AS 1906.1, Retroreflective materials and devices for road
          traffic control purposes – Part 1: Retroreflective sheeting.
    71.   The developer must notify Council’s Traffic Engineer for any works involving the removal
          or modification of existing council traffic signs and/or parking bays prior to such works
          commencing.
    Pavement Design and Construction
    72.   Pavement design for privately owned works must be undertaken in accordance with the
          relevant standards. Structural integrity of the driveway and car park areas will remain
          the responsibility of the property owner/developer and must be certified by an RPEQ.
    Works within Road Reserve/Reinstatement
    73.   Safe pedestrian access on all streets in the vicinity of the development must be
          maintained at all times. Should footpath/road closures be necessary to carry out
          construction works, Council’s Engineering Officer must be notified prior to the proposed
          closure and all requirements complied with.
    74.   All frontage works must match neatly with existing road and verge/footpath features.
          Additional works beyond the frontage may be required to provide an acceptable transition
          to existing road and verge/footpath profiles.
    75.   Electrical conduits or other services proposed to be installed within existing and
          proposed road reserves under existing sealed carriageways, concrete pathways,
          concrete/sealed driveways or significant vegetation must be installed by boring.
          Trenching is not permitted, unless specifically approved by Council.



                                                                                      Page 22 of 29

Section 23

ORDINARY MEETING AGENDA                                                      17 FEBRUARY 2022


    Pathways
    76.   All pathways must be constructed in accordance with the following requirements:
          a.   All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065;
          b.   Provision must be made for disabled access at all kerb crossings associated with
               pathways, in accordance with Council's current standards;
          c.   All paths must have a slip resistant surface, with a colour to match the existing
               (dark);
          d.   Expansion and contraction joints must provide a flush finish. Installation of joints
               by saw cutting is preferred to ensure a smooth ride for cyclists;
          e.   Pram ramps where required.
          f.   The required work includes any modifications to ensure the footpath finishes flush
               with all existing service covers and the like, or alternatively these services are
               raised or altered, so as not to create a pedestrian safety hazard.
    77.   Pathways must:
          a.   terminate in a manner that ensures smooth transition to existing surfaces for public
               safety;
          b.   be designed and constructed to comply with the Disability Discrimination Act
               (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428
               Design for access and mobility.
    Site Access and Driveways
    78.   Driveway crossovers must be constructed generally in accordance with Council’s
          Standard Drawing RS-051.
    79.   Any existing unnecessary or redundant property accesses must be removed, and the
          kerb, footpath and verge area reinstated to match the existing footpath and/or verge
          treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil
          and grass seed or turf, and must be maintained by the developer until established.
    80.   The following must be complied with during the construction of the required
          crossover/driveway:
          a.   The driveway surfacing must consist of either an approved hot mixed asphaltic
               concrete or patterned/plain concrete;
          b.   The driveway must be constructed so as not to concentrate stormwater runoff onto
               neighbouring properties;
          c.   Where there is an existing pedestrian path, a matching crossfall must be provided
               for the driveway on the alignment of the path, for the full width of the path;
          d.   The property accesses must be located a minimum of 1m clear of existing power
               poles, streetlights or other signage. The developer is responsible for any necessary
               relocation of existing services to provide this clearance and must contact the
               relevant service authorities and comply with their requirements in relation to these
               works.
    Earthworks and Retaining Walls
    81.   All earthworks must be undertaken in accordance with the provisions of AS 3798
          Guidelines on Earthworks for Commercial and Residential Development, with
          geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a
          minimum of ‘Level 2’ as defined in Appendix B. Test results as required by AS 3798, and
          a certificate of quality and uniformity of fill must be provided by a RPEQ and submitted
          to Council prior to Council undertaking the On-Maintenance inspection.

                                                                                    Page 23 of 29

Section 24

ORDINARY MEETING AGENDA                                                         17 FEBRUARY 2022


    82.   Fall protection must be provided to retaining walls that are over 1m high.
    83.   Slope and batters are a maximum grade of:
          a.    1 in 6 where in proximity to waterbodies;
          b.    1 in 4 for grassed areas;
          c.    1 in 3 for planted areas;
          d.    1 in 2 for combined structural engineering and planting solutions.
    Stormwater Drainage
    84.   Appropriate scour protection must be provided at the outlet of all stormwater pipes
          including temporary outlets.
    85.   Works associated with this permit must not adversely impact on the existing drainage
          conditions on other properties (e.g. by blocking or interfering with natural overland flows).
    86.   Construction of all internal stormwater drainage works must comply with the relevant
          section/s of Australian Standard AS/NZS 3500.3.
    Landscaping
    87.   The development site must be landscaped. The works must be undertaken in
          accordance Noosa Plan PSP 2 – Landscaping and generally in accordance with the
          approved Landscaping Plans and in particular:
          a.    The along the south side of the easement must include native species that
                effectively screen the development and grow to a minimum mature height of 8m.
          b.    Plantings along the eastern side of the bio basin must grow to a minimum height
                of 4m and provide screening to the car parking area.
          c.    The proposed 25 litre pot size feature trees within the front setback (facing
                Doonella Street) must be replaced with 45 litre pot size plants
          d.    The existing street trees in the road reserve may be removed. If removed they must
                be replaced with 4 x ex-ground Delonix regia (Poinciana’s) 400L trees as shown
                on the approved landscape plans.
    88.   The finished level of all mulch in garden beds and landscaped medians is to be a
          minimum of 50mm below the level of the adjacent top of kerb. All landscaping is to be
          constructed in accordance with Council’s Planning Scheme Policy PSP2 Landscaping.
    89.   Suitable root barriers must be installed where proposed trees are adjacent to paths,
          pavement etc in accordance with Council’s Planning Scheme Policy PSP2 Landscaping.
    Damage to Services and Assets
    90.   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.
    Erosion & Sediment Control - Works adjacent to High Ecological Significance Water
    91.   Prior to the requesting the pre-start meeting the applicant must engage a Certified
          Professional and Erosion Control to prepare and provide to Council scheduling plans for
          the development which demonstrate that construction can be undertaken in a manner
          consistent with Accepted best practice standards and all relevant conditions of this

                                                                                       Page 24 of 29

Section 25

ORDINARY MEETING AGENDA                                                          17 FEBRUARY 2022


          approval. * (Refer to Advisory Note).
    92.   The applicant must engage a CPESC, or other suitably trained professional, (i.e. who
          has completed the CPESC training, and has a minimum of 5 years site experience
          supervising Erosion and Sediment Control management) to undertake weekly site visits
          to inspect and certify whether or not required Erosion and Sediment controls are properly
          installed and maintained to achieve the requirements on this approval.
    93.   Construction must be managed such that less than 2,500m2 of soil is exposed at any
          time.
    94.   Exposed soil is only permitted between the months of May to October, and all
          catchments with these soils must drain to sediment treatment features to achieve 50mg/L
          TSS prior to release of waters from the site. Outside these months the site must achieve
          a C factor of 0.05 at all times.
    95.   A construction hold point with a council delegate and supervising RPEQ must be
          established prior to commencement of cut to fill earthworks for each stage of the
          development. The hold point must be held as soon as reasonably practical and prior to
          the first rain event forecast following initial tree clearing or removal of soil stabilising
          material for each stage. At the hold point inspection, all required sediment basins, drains
          and bunds to divert waters away from disturbed soil or soils about to become exposed
          through cut to fill activities must be installed. All areas that will not require earthworks in
          the imminent cut to fill operation must be stabilised to prevent entrainment of sediments
          into receiving waters.
    96.   Cut to fill earthworks must not commence until after the Supervising CPESC has certified
          that all installed erosion and sediment controls required by this approval are sized in
          accordance with conditions of the approval and the written acceptance of the certification
          is provided to the supervising RPEQ by Council officers.
    97.   Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
          Regulation 2019) 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.
    98.   Sediment and erosion control measures must be in place prior to works commencing. If
          such measures are not in place or are not satisfactory, “on the spot” fines may be issued.
          Such fines can be issued if sediments from the site are found to enter or have the
          potential to enter Council’s stormwater system, natural waterways, any downstream
          stormwater filtration system or adversely impacting on other properties. The sediment
          and erosion control design and measures have NOT been approved, it is the site's
          Supervising Engineer who is responsible for ensuring that the sediment and erosion
          control measures have:
          a.    Been duly designed by an RPEQ or CPESC and constructed in accordance with
                "best practise" methods;
          b.    Been revised by an RPEQ or CPESC to address the issues raised by changes in
                the projected construction schedule and/or methods;
          c.    Been revised to address predicted rainfall events, and
          d.    Achieve the desired environmental outcomes.
    99.   Council may request further controls to be installed should the implemented measures
          be found inefficient.
    100. The erosion and sediment control measures must be designed, installed and maintained
         in accordance with the supervising engineer instructions and the current best practice
         standards * (Refer to Advisory Note).


                                                                                         Page 25 of 29

Section 26

ORDINARY MEETING AGENDA                                                         17 FEBRUARY 2022


    101. The developer must ensure non-essential exposure of soil is prevented by restricting the
         extent of disturbance and minimising the duration of soil exposure to adverse weather
         conditions and effectively turf, cover or stabilise any disturbed area without delay and
         prior to rainfall occurring.
    102. The developer in conjunction with the engaged CPESC must ensure measures installed
         to divert the upstream water are designed and certified by the supervising RPEQ and
         installed prior to commencement of bulk earthworks.
    103. The developer must ensure sediment does not leave the site or enter onto adjoining
         properties or Council’s drainage system due to surface runoff or on tyres of vehicles
         and/or machinery. It is essential to implement appropriate approved erosion and
         sediment control measures throughout the site during all phases of construction including
         vehicle shakedown pad/grid (or similar) at the access to the construction site. Where
         sediments or other contaminants are deposited on a road, they must be removed so as
         not to enter Council’s drainage system or waterways.
    104. Prior to the completion of the development, all site surfaces must be effectively stabilised.
         For the purpose of this condition, an effectively stabilised surface is defined as one that
         does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or
         gully erosion or lead to sedimentation, or lead to water contamination.
    Water Sensitive Design
    105. The active filter media of the bioretention device must be 27m². Active filter media area
         is the area of the bioretention basin surface that is not covered by any impermeable
         structure such as a sediment forebay, riser, etc.
    106. During construction and establishment of the bioretention devices, the supervising
         RPEQ must certify forms contained in section 3.15 of the Construction and
         Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by
         Design, 2009). These forms and certification must be submitted to council prior to the
         sealing of the survey plan.
    107. A construction hold point with a council delegate must be established once the
         bioretention device underdrainage pipe work is installed. At the time of inspection, a
         sample of the drainage layer, transition layer, and filtration media materials must be
         stockpiled onsite accompanied by laboratory results that demonstrate that the media
         complies with the specifications contained in the latest version of the Guidelines for Soil
         Filter Media in Bioretention Systems (Facility for Advancing Water Biofiltration) and that
         the minimum hydraulic conductivity of 180mm/hr or as specified on the approved
         engineering plans will be achieved. The drainage layer, transition layer, and filtration
         media materials shall not be installed until the catchment draining to the bioretention
         device has 80% groundcover as determined by council’s delegate.
    108. Eighty percent (80%) of the catchment flowing to the bioretention basin must be
         effectively stabilised prior to the construction holdpoint for the Bioretention device.
    109. Prior to the release of the plan of survey, the supervising RPEQ must certify must certify
         that all hardstand areas of the development drain to a bioretention device designed and
         constructed in accordance with all relevant conditions of this approval, the Water by
         Design Bioretention Technical Design Guidelines, relevant aspects of the IPWEAQ
         Standard Drawing WSUD-drawing series and Construction and Establishment
         Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009).
    Bioretention Devices - Landscaping
    110. Landscape plans must include a mixture of at least five of the following species for
         planting in the bioretention basin extended detention surface at a minimum density of 8
         plants/m2:
          a.    Carex appressa

                                                                                       Page 26 of 29

Section 27

ORDINARY MEETING AGENDA                                                       17 FEBRUARY 2022


         b.     Carex fascicularis
         c.     Ficinia nodosa
         d.     Juncus usitatis
         e.     Lomandra longifolia
         f.     Ghania sieberiana
    111. Landscape plans for the areas surrounding the bioretention basin filter media footprint
         must be arranged to minimise shading to the filter media footprint are. Suitable plants
         include the following:
         a.     Cared appressa
         b.     Carex fascicularis
         c.     Ficinia nodosa
         d.     Juncus usitatis
         e.     Lomandra longifolia
         f.     Ghania sieberiana
         g.     Banksia robur
         h.     Dianella brevipendunculata
         i.     Themada triandra
         j.     Cymbopogan refractus
         k.     Melaleuca thymifolia
    112. Where landscaping/garden beds are proposed adjacent to the bioretention basin, or
         where the basin is located adjacent to naturally forested areas, a 900mm deep root
         barrier must be installed to the interface between the landscape/garden/forest area and
         the bioretention basin to prevent root intrusion to the biobasin infrastructure.
    113. Landscaping to the surface of the bioretention basin filter media area must not
         commence until 80% of building work within each contributing catchment is complete or
         after 3 years, whichever occurs first. An uncompleted works bond of 150% of the value
         of the planting to the surface of the bioretention basin filter media area must be provided
         to Council prior to the release of the Plan of Survey.
    114. Where required, mulch within the batters of bioretention basins must be installed in a
         manner that it will not escape into receiving stormwater drainage infrastructure or water
         courses.
    Bioretention Devices - Education
    115. The development shall be provided with approved permanent signage that is deigned in
         accordance with Noosa’s Look and Feel document to educate the public on the function
         of the bioretention basin. The wording for the signage for each bioretention basin is to
         include: “BIORETENTION BASIN - This bioretention basin reduces the pollution of our
         waterways by reducing the amount of heavy metals, litter, suspended solids, and
         nutrients discharged to Lake Doonella”.
    FOLLOWING CONSTRUCTION / PRIOR TO THE ON-MAINTENANCE INSPECTION
    Certification
    116. Upon completion of the work a certificate must be issued by an RPEQ certifying that the
         works have been constructed in accordance with the Operational Works permit.
    117. A condition report of the drainage system must be completed for agreement prior to
         requesting the works to be accepted On-Maintenance. The condition report is to include
         a CCTV inspection of the existing pipe and must include at least 50m upstream and
         downstream of all works.
    As Constructed Plans and ADAC XML Files (Council)
    118. Prior to acceptance of civil works to become Council assets “On Maintenance”,
         satisfactory “As-Constructed” records must be submitted to Council. The bundle of “As


                                                                                     Page 27 of 29

Section 28

ORDINARY MEETING AGENDA                                                     17 FEBRUARY 2022


         Constructed” information must include:
         a.    As-Constructed Engineering Drawings. Data is to be submitted in an electronic
               drawing file format (.dwg), with all plans clearly endorsed “As-Constructed”, along
               with the accompanying hardcopies (PDFs of the As-Constructed .dwg drawing
               files), and;
         b.    ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed)
               prepared in accordance with industry standards and recorded in “MGA - UTM56 /
               GDA94” projection.
         c.    Please Note: Further information and advice relating to the as-constructed drawing
               presentation, as-constructed survey capture and associated guidelines for
               preparation of a compliant ADAC XML digital file are available on the webpage
               titled “As-Constructed Guidelines” and accessible at the Noosa Council Website:
               Planning & Development / Development Tools & Guidelines / As-Constructed
               Guidelines.
         d.    The “As-Constructed” drawings will require certification by a:
               i.    Qualified experienced Civil Engineer (RPEQ) confirming design intent and
                     conformance with applicable standards and specifications, along with the
                     relevant descriptions of assets, services and structures and;
               ii.   Licensed Surveyor in regard to the cadastral and locational information,
                     levels and applicable survey datum.
         e.    The data must be in accordance with Council’s “Planning Scheme Policy 6 –
               Engineering Design Standards”, and fully detail the levels for all engineering works
               including but not limited to the drainage network and structures, finished ground
               and pavement surface levels.
    On Maintenance
    119. All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
         Council’s relevant Planning Scheme Policy prior to the On-Maintenance inspection. To
         achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
         a.    certification that all works have been undertaken and completed in accordance with
               the requirements of this Permit;
         b.    as Constructed details in accordance with Council’s Planning Scheme Policy;
         c.    maintenance and operational manuals for all proprietary or site specific devices.
    Off Maintenance
    120. Prior to requesting an Off Maintenance inspection the developer must provide a written
         request for the Off Maintenance inspection.
    121. A re-inspection fee in accordance with Council’s Fees and Charge Register will be
         charged where:
         a.    a Council inspection reveals works do not comply with approval requirements;
         b.    submitted certification falsely states works comply with approval requirements.



Committee Recommendation
That the report of the General Committee dated 14 February 2022 be received and the
recommendations therein be adopted except where dealt with by separate resolution.



                                                                                    Page 28 of 29

Section 29

ORDINARY MEETING AGENDA                                                      17 FEBRUARY 2022


9.    ORDINARY MEETING REPORTS
      Nil.




10.   CLOSED SESSION
      Nil.




11.   PUBLIC QUESTION TIME

      1.     BREE JOHNSON
             Q1. Noosa Councillor Clare Stewart, now the Kin Kin quarry is operational and the only
                 access for the quarry trucks to Kin Kin is via McKinnon Drive, this has now become
                 a major safety issue as I have found it extremely unsafe as I have now been forced
                 to share McKinnon Drive with the quarry trucks to access the disability school of
                 Sunshine Butterflies. I, Bree Johnson want to know what you as the Mayor of
                 Noosa are prepared to do to make McKinnon Drive safe for people with disabilities
                 and the general public now McKinnon Drive is used by the quarry trucks.
             Q2. Noosa Councillors including Councillors Amelia Lorentson and Clare Stewart, what
                 is the next step/steps that I, Bree Johnson have to do in terms of having my
                 extension of the Lake Cooroibah bike and walking path to Silverwood Drive
                 become a reality to have a safer option for the accessing the disability school of
                 Sunshine Butterflies and for a safer option for the general residents of Cooroibah
                 who access Tewantin and Noosa Areas using their bikes.



12.   NEXT MEETING

      The next Ordinary Meeting will be held on 17 March 2022 at the Council Chambers, 9 Pelican
      Street, Tewantin commencing at 5pm.




13.   MEETING CLOSURE




                                                                                    Page 29 of 29

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