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Response to Information Request - April 2019 Final

Attached to the e-mail Response to Information Request - RAL18/0023.

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                                                                    Court Appeals & Dispute Resolution
                                                                    Applications & Assessment
                                                                    Due Diligence & Compliance
                                                                    Project Management General
                                                                    Development Advice




Friday, 26th April 2019


Our Ref: 18028
Council Ref: RAL18/0023

Chief Executive Officer
Noosa Council
PO Box 141
Tewantin QLD 4565
By Email: [email protected]

Attention: Patrick Murphy, Coordinator Planning

Dear Patrick

Response to Information Request
Development Application for Reconfiguring a Lot (19 Allotments plus New Road) for the
“Noosa Business Centre” at 28 Eenie Creek Road, Noosaville, described as Lot 3 on
SP246584

We provide a response in full to the information request by Noosa Council that was issued on
21 December 2018, for the abovementioned development application.

The response includes the following documents:
    • Attachment 1- Revised Subdivision Plan prepared by Bennett and Frances dated 03.04.2019.
    • Attachment 2- Technical Memorandum prepared by Cardno dated 23.04.2019.
    • Attachment 3 - Civil Engineering Plans prepared by Barlow Shelly dated 18.04.2019.
    • Attachment 4- Advice regarding offsets from Hopgood Ganim dated 24.04.2019.
    • Attachment 5- Flora Survey report prepared by Gondwana Ecology Group dated 15.04.2019.
    • Attachment 6- Ecology report prepared by Gondwana Ecology Group dated 15.04.2019.
    • Attachment 7- Site Based Stormwater Management Plan prepared by Barlow Shelly dated
        17.04.2019.
    • Attachment 8 - Bushfire Management Plan prepared by Consultancy Bureau dated 25.04.2019.

 The following response provides all the information requested by Noosa Council Pursuant to section
 26.1 of the Development Assessment Rules.
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Page 2

1. Demonstrate how a civic space and inter-regional transit facility could be included within
   Precincts E1 and E6 respectively;

Response

Development of Precinct E1 under the current Noosa Planning Scheme and the Village Green
Space under the Draft Framework & Character Plan (Figure 7.2.4.5) (Figure 1.) notates a civic
space. The proposed Subdivision Plan prepared by Bennett and Frances provides for Lot 3
which is 4.343 ha.

The Lot configuration and size of Lot 3 provides sufficient land to accommodate a civic space
within Precinct E1 or a Village Green Space as part of Village Mixed use Precinct and Business
Park areas which will be part of a future application for Stage 3.

Development of E6 under the existing Noosa Plan and under the Draft Framework & Character
Plan (Figure 7.2.4.5) (Figure 1) notates the requirement for a Transit Facility near the northern
entry off Walter Hay Drive.

The Technical Memorandum prepared by Cardno provides an analysis of the existing transit
facilities and the requirement for a sub- regional transit facility.

That analysis confirms there is sufficient remaining capacity in all existing bus routes to
accommodate additional commuters and service the Noosa Business Centre into the future.

Notwithstanding, the Technical Memorandum prepared by Cardno has demonstrated a
concept for a sub- regional transit facility to over an area of 4,590m² in Lot 1, as indicated in
Figure 1.


In addition, the Technical Memorandum prepared by Cardno demonstrates a preliminary
design for the potential sub-regional transit facility. This is also shown below in Figure 2.

The alternative location in Lot 1 provides better local amenity and coverage to the overall
Noosa Business Centre and enables a 400m walkable catchment as shown in Figure 3 below.

The physical, locational and spatial requirements of the sub regional transit facility in Lot 1
means it is centrally located in between the existing ‘Noosa Civic’ development and the
showrooms and is also well placed to provide ready access to the proposed new Village Mixed
Use and Business Park areas (Figure 1). It is also logical, given the proposed altered access
arrangements at the entry to the NBC from the northern access from Walter Hay Drive ensuring
is functions as an integrated public transport node, with pedestrian and bicycle paths linking
with nearby urban areas.

Page 3

2. Demonstrate how the provision of pedestrian and bicycle paths and external connections
   from the civic space and transit hub to existing and future development is to be achieved.

Response

The Technical Memorandum prepared by Cardno reviewed the existing pedestrian and cycling
facilities within the vicinity of the Noosa Business Centre.

The review confirmed that external connections to the Noosa Business Centre incorporate a
mix of on-street cycle lanes and pedestrian paths. The pedestrian and cycle network plan is
generally in line with the Noosa Business Centre Framework and Character Plan, with key
pedestrian and cycling links maintained along the proposed extension of Hofmann Drive,
connecting to Walter hay Drive.

Proposed future applications for Lots 3 and 7 will ensure the continuation of the internal road
at Lots 8 and 9 to the centre access road and the continuation of active travel links.

Upon completion of the internal connection, the pedestrian and cycle network plan will provide
on- street cycling lanes on all proposed roads to ensure connectivity and easier movement of
cyclists.

Future applications will also see the completion of the east-west green link shown through Lot
3 and the internal green link which connects north-south along the western boundary of Lot
3.

3. A staging plan for the release of lots, vegetation removal and the provision of associated
   services. The clearing of vegetation should be undertaken in a sequential manner consistent
   with the likely demand for take up of the lot.

Response

To ensure the continuing success of the Noosa Business Centre it is intended to clear all
developable parts of the site consistent with the intent of the Noosa planning scheme.


In functional terms, the Reconfiguration of Lot will provide land which is capable of
immediately attracting new investment and new development. It will also deliver significant
road and civil infrastructure to the Noosa Business Centre and to Noosa. The failure of the
Noosa Business Centre to capitalise on new development opportunities will inevitably result in
the opportunity being taken up in other locations and potentially delaying or even forfeiting
the future growth of the Noosa Business Centre. Consequently, it is not practical for the land
to be cleared in stages.


It is noteworthy that large areas of the site amounting to 12.63 ha have already been protected
from development and dedicated as Conservation Park.


The expectation is that some of the Noosa Business Park land once titled will be sold while

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other parts of the site will continue to be developed by the applicant.

4. An amended lot layout which includes greater variation of lot sizes.

Response

Bennett and Frances have prepared a revised Subdivision Plan that provides for Lot sizes that
vary considerably in size and frontage which allows for a range of development opportunities
for the Noosa Business Centre. The table below summarises the proposed Lots types:

   Lot                      Frontage (m)                       Lot Size
   1                                                           12.782ha
   2                        145                                9550m²
   3                        245                                4.343ha
   4                        55                                 2365m²
   5                        37                                 2307m²
   6                        89                                 2473m²
   7                        245                                2.975ha
   8                        30                                 3257m²
   9                        89(perimeter) 30(along easement)   3274m²
   10                       100                                4733m²
   11                       35                                 4999m²
   12                       37                                 7972m²
   13                       42                                 4117m²
   14                       42                                 4005m²
   15                       115                                4247m²
   16                       260                                4525m²
   17                       33                                 2716m²
   18                       33                                 2542m²
   19                       32                                 2235m²
   20                       42                                 2149m²
   21                       94                                 4288m²
   22                       115                                3817m²
   23                       138                                5055m²
   24                       85                                 6079m²
   25                       102                                1.497ha



The previous Subdivision Plan provided for the majority of the Lots to have a minimum area
of 4,000m² consistent with the Reconfiguring a Lot Code (performance outcome O1) in the
current Noosa planning Scheme.

Under the draft New Noosa Plan, there has been a significant shift in the minimum allotment
size being allowed, this to be 400m².

The revised Subdivision Plan in effect provides for a range of Lot sizes that enables the draft
New Noosa Plan as proposed in Figure 7.2.4.5 (NBC Framework and Character Plan).

In all instances the depth, frontage and size of the lots has considered location of built form,
setbacks, landscaping, and car parking to ensure they can feasibly be developed for a range of
business types and sizes.

Page 5

 The size of Lots has also considered constraints such as, Open Space protection and bushfire
 mitigation. In addition, Lot 3 and 7 are sized to provide for a mixed use village centre that is
 integrated with the existing ‘Noosa Civic’ development and other uses consistent with the Draft
 Framework & Character Plan (Figure 1). This also includes provision for a transit centre to the
 north west and civic space area as part of the proposed Village Mixed Use and Village Green
 Space area.

Proposed Transit
Centre Location




 Figure 1 – Extract of the Draft Framework & Character Plan

Page 6

Figure 2 – Preliminary Design of Transit Facility (Source Figure 2-4 Cardno)




Figure 3 – Existing Bus Location – Walkable Catchment (Source Cardno Figure 2-5)

Page 7

 Information Required
 5. Functional civil engineering layout plans showing details of the proposed road layout,
     intersection details, and potential access driveway locations for each allotment, as well as
     longitudinal sections for the proposed roads.

Response

 Barlow Shelly prepared draft civil engineering plans in response to Item 5.

 The plans provide for the proposed road layout, intersection details, longitudinal sections,
 access locations, water and sewerage locations and connections as well as stormwater
 management details (discussed further below). The civil engineering plans demonstrate how
 infrastructure is to be provided to adequately service the development.

 6. Traffic engineering report prepared by an RPEQ including assessment of:

     a) The traffic engineering aspects of the road layout details, intersection configurations, and
        access driveways requested in item 5.

     b) Justification for the proposed separation distances between intersections and driveways
        to the access roundabouts on Walter Hay Drive.

     c) Identify how the proposed transit facility at proposed lot 4 would be satisfactorily
        accessed and that the allotment size is sufficient to accommodate the transit facility,
        through provision of a concept layout.


     d) Comparison of the traffic generating potential of the proposed subdivision, with that
        envisaged by the masterplan, and then assessment of any additional impacts generated
        as a result.
Response

 Cardno have prepared a Technical Memorandum to address item 6.

 In summary, Cardno advise:

     •   The Noosa Business Centre will predominately gain vehicular access from the existing
         two roundabouts along Walter Hay Drive, with no additional external intersections
         being proposed. The spacing between the two existing Noosa Business Centre access
         intersections is 470m.

     •   The desirable minimum intersection spacing for Local Roads and Collector Roads is 60m
         and 75m, respectively for intersections located on the same side of the road. A review
         of the internal layout confirms the intersection spacing across the internal road network
         complies with the minimum spacing requirements for local and collector roads.

     •   In terms of traffic generation, the land uses envisaged and the developable yield for

Page 8

       the Noosa Business Centre are not expected to differ from those allowed under the
       Noosa Planning Scheme and to be generally consistent with the Draft Framework and
       Character Plan (Figure 1). This means that the proposed development is expected to
       cater for the existing and future traffic generation at the NBC.

7. Provide evidence to support the Town Planning Report argument that under the
   Infrastructure Agreement no further contributions, including provisions of offsets in
   accordance with the Environmental Offset Act 2014, are required to be provided. Specifically
   provide written advice from the administrating body of the Environmental Offset Act 2014,
   Department of Environment and Science, that the proposed development is not required to
   provide koala offsets.


Response


Hopgood Ganim have prepared an advice to response to item 7.

In summary Hopgood Ganim advise the following:

 •   condition 12 of the Stage 1 Approval and the Infrastructure Agreement provided for
     dedication to the Council of Open Space Areas A and B (comprising 12.63ha) of land as
     part of Stage 1, which has been done;
 •   in the Infrastructure Agreement, the Council recognised that dedication to the Council
     of Open Space Areas A and B was an appropriate commitment “to meet environmental
     needs” of the Shire Business Centre land (including the subject Land);
 •   the Infrastructure Agreement provided for ongoing management of private Open Space
 •   areas “to meet the environmental requirements”;
 •   given the above, The Infrastructure Agreement provided immunity from conditions in
     development approvals for future stages (namely any subsequent development of the
     Shire Business Centre) requiring any further dedication of land for, inter alia, nature
     conservation, bushland preservation and like purposes;
 •   Council could not be satisfied that the proposed development the subject of the
     Development Application will, or is likely to, have the requisite significant residual impact;
     and
 •   in determining whether to impose an environmental offset condition, consider condition
     12 of the Stage 1 Approval and clause 4.1 of The Infrastructure Agreement which resulted
     in the dedication of land for substantially the same matter and impact, being the ultimate
     development of the Shire Business Centre. Having considered the condition (and
     Infrastructure Agreement), the Council could not reasonably form a view that an
     environmental offset condition is required for the Development Application.

8. Provide evidence the requirement of the Nature Conservation Act 1992 has been met in
   relation to protected plants.

Gondwana Ecology Group has prepared a Flora Survey Report addressing item 8 of the
information request.

Page 9

Response


The Flora Survey Report concludes that … this survey provides notification to DEHP that the
activity is exempt under Section 261ZA and there will be no impacts on threatened species.
Thereare no threatened plants occurring within the subject land (clearing area). The threatened
plants outside the clearing area are not at risk from the project activities. Nevertheless,
management measures during clearing operations will be in place as part of the development
approval conditions to ensure no inadvertent clearing by site contractors. In accordance with the
Guidelines, a protected plant clearing permit is not required from DEHP.

Consequently, the ecologist has confirmed that the requirements under the NCA in terms of
undertaking a specific flora survey for the site have been met, which is to be submitted to the
DEHP under separate cover.

9. Provide an up to date flora and fauna assessment of the habitat values which will be
   impacted upon by the development.

Response

As above Gondwana Ecology Group have prepared a Flora Survey Report which also responds to Item
9 of the Information Request.

In summary, Gondwana Ecology advise:

     •   the State Wildnet database identifies no known records for plants or animals (listed as
         threatened under the regulations of the Nature Conservation Act 1992 and/or
         Environment Protection and Biodiversity Conservation Act 1999) within 5km of the
         subject land. Further, that the majority of these species would either be restricted to
         habitats that do not occur within or adjacent to the subject land. Further, the likelihood
         of occurrence threatened plants or animals have also been considered;

     •   under part 4.4 of the Ecology Report, Table 3 provides for the habitat for threatened
         flora and an assessment of the likelihood of their occurrence on the subject land. The
         report states that of the species identified under Table 3, most of these are unlikely to
         be found on the site but a few of the species could possibly be found; however, no
         actual threatened flora species have been recorded on the site;

     •   under part 4.5, it is stated that a … single Grey-headed Flying-fox (vulnerable under
         the Commonwealth EPBC Act 1999) was recorded feeding in a bloodwood during the
         evening survey. The habitat for threatened fauna and an assessment of the likelihood
         of their occurrence on the subject land is provided in Table 4;

     •   Table 4 considers the threatened fauna habitat and likelihood of occurrence, with the
         majority of the species considered unlikely to be found on the subject land with the
         exception of the grey-headed flying fox, discussed above. It is noted that no koala was
         found on the subject land, but it is advised that they could occasionally traverse the
         land;

Page 10

    •   as a consequence of the development, the site is being cleared of trees and other
        vegetation. Avoiding disturbance to the surrounding bushland is the primary measure
        to minimise broader ecological impacts. Management of fauna during the clearing
        process will also ensure unnecessary fauna mortality; and

    •   provided primary mitigation measures are implemented the clearing of vegetation
        from the land will not have a significant impact upon the existing flora and fauna values
        on the land and in the locality more generally.

10. Provide a staging plan for vegetation clearing to provide infrastructure required to access the
    proposed lots.

Response

It is not intended to clear the vegetation in stages but rather make the site development ready
consistent with the intent under The Noosa Plan. It is suggested that for a considerable amount
of the time the development potential of the Noosa Business Centre has not been realised
because the site is not available for development.

The subject land has been earmarked for high-intensive development, primarily providing for
employment generating uses since the commencement of the 1997 Strategic Plan. Further,
with the development of Stage 1 providing for the existing ‘Noosa Civic’ development a
considerable amount of land containing the key environmental values beside Eenie Creek was
dedicated for conservation purposes. The current proposal plan is entirely consistent with the
intent of The Noosa Planning Scheme and provides for vegetated covenant areas fronting
Walter Hay Drive, with other private open space areas already protected within the site.

While it is not intended to clear the land in stages, any potential managed impacts can be
mitigated through approval conditions with respect to standard best-practice design and
construction. These mitigation measures have been discussed above.

11. Provide a preliminary stormwater treatment design which details the area required to treat
    stormwater to current standards.

Response

Barlow Shelly Consulting Engineers have prepared a Site- Based Stormwater Management Plan
in response to item 11.

In summary Barlow Shelly advise:

   •    stormwater quality improvement devices (SQIDs) will treat the road reserve, which is great er
        than 2,500m², therefore pollutant reduction targets must be met as per the Noosa Plan, Water
        Sensitive Urban Design (WSUD) Technical Manual by Healthy Waterways and the State Planning
        Policy 2017 (SPP);

   •    the efficiency of the SQID’s during operational phase have been assessed using a

Page 11

       MUSIC model as outlined in Section 4.3 of the report;

   •   civil design plans have been prepared for the treatment and management of
       stormwater drainage;

   •   a treatment train consisting of bioretention systems and vegetated swales are
       proposed to mitigate pollutant load to meet the WSUD pollutant load reduction
       targets. The bioretention systems are situated in the road reserve or proposed drainage
       reserve and will be designed in accordance with the WSUD technical guidelines. When
       the individual lots are developed, they will require SQIDs to satisfy stormwater runoff
       pollutant removal targets meet current standards;

   •   the proposed allotments will be cleared as a part of the proposed reconfiguring a lot.
       Given the proposed use of the allotments will trigger a development application for a
       material change of use, the development potential and corresponding stormwater
       runoff and treatment requirements will be imposed on each of these new
       developments; and

   •   each of these future developments will be required to provide their own SQID's to
       satisfy stormwater runoff pollutant removal targets for the specific lot. The SQID's
       modelled with this report are to address stormwater runoff from the road reserves only.

12. Provide a Bushfire Management Plan which addresses the risks posed by Bushfire and how
    the subdivision design addresses these risks.

Response

The Consultancy Bureau has prepared a Bushfire Management Plan (BMP) to response to item
12.

In Summary, Consultancy Bureau advise:


   •   the power line buffer against Area 2 (proposed Lots 23-25) provides an adequate
       protection for this small unit area. The power line clearing extends out to Eenie Creek
       Road and isolates the small area of National Park north of these allotments (Area 2);

   •   the open space area to the south adjoining proposed Lots 12 – 15 requires a 20m buffer
       from development which is to be cleared and is to be used for carparks and access,
       with no buildings to be constructed within this area;

   •   with respect to the southernmost section of proposed Lot 12, which adjoins the
       environmental covenant area, the immediate 20 metres in this environmental covenant
       is to be managed as follows:
            o all weeds to be removed;
            o all understorey up to 6m in height will be removed and the ground fuels
               maintained at <8 tonnes/ha by physical means;

Page 12

           o   the management works being the responsibility of the owner of Lot 12.

   •   it is recommended that proposed Lots 12-15 are each provided with a fire hydrant with a hose
       and reel along the outer boundary of each lot adjoining the parkland to the south; and

   •   the proposed extension of the previously approved development will materially improve the
       bushfire safety for the entire precinct. The SPP Hazard Mapping confirms the need for a set of
       mitigating actions to ensure the safety of people and property. The details in section four of this
       Bushfire Management Plan confirm the capacity to comply with the current Noosa Plan Natural
       Hazards Overlay Code.

13. Provide a concept management plan for the open space areas which addresses the
    management of these lands, including bushfire, tree/limb drop, weed control and other
    matters as deemed relevant.

Response

   As above Gondwana Ecology Group have prepared a Flora Survey Report which also
   responds to Item 13 of the Information Request.

In summary, Gondwana Ecology Group advise:

   •   areas proposed as covenants to the east of Lots 2 and 7 to 11 (i.e. west of Walter Hay
       Drive) and south of Lots 23 to 25 (i.e. north of Walter Hay Drive) are for screening and
       buffering purposes, forming part of OS3 and primarily for the preservation of visual
       amenity;

   •   the area to the south of Lot 12 (Covenant L), which is an environmental buffer area for
       the setback to Eenie Creek and also for the management of bushfire to some extent
       (referred to below);

   •   the area to the west (Covenant K) required primarily for stormwater drainage purposes
       (OS5);

   •   areas in the west (Covenant J) which is to be retained for stormwater drainage purposes
       (OS7 – Environmental Drainage). No activities are necessary within these areas prior to
       vegetation clearing the subject land. Activities immediately prior to vegetation clearing
       would require the installation of temporary protective fencing. It is intended that
       protective fencing be provided around large trees (i.e. trees on boundary to be retained
       within the covenant area). Both tree protection measures and the associated setbacks
       are to be incorporated into the management of these areas;

   •   it is also proposed that rehabilitation will occur along the open space boundary
       immediately adjacent to the development area (i.e. following all construction works) to
       reinstate any disturbance due to fencing and edge effects;

   •   with respect to Covenant L (proposed Lot 12), this is to be also managed as a bushfire

Page 13

       setback area. Retention of canopy trees and removal of mid-storey in accordance with
       the BMP, with the immediate (southern-most) 20m in this environmental covenant area
       to be managed in this manner; and

   •   it is also proposed to undertake maintenance for any disturbed planted areas for a
       period of 24 months following completion of initial planting. Weed control is to form
       part of the monitoring and maintenance. It is suggested that the proposed Open Space
       Management Concept is acceptable for the ongoing management of the open space
       areas throughout the site.

14. Details of how Lot 16 will be accessed.

Response

The Technical Memorandum prepared by Cardno reviewed how Lot 16 will be accessed.

The access location will be a minimum of 6m from the tangent point of the adjacent
intersections in line with Australian Standard 2890.1. Additionally, to ensure driver safety a
minimum sight distance of 45m for a driveway fronting a 50km/hr road is required.
Consequently, the access driveway for Lot 16 is to be a minimum of 45m from adjacent
intersections. The indicated driveway location is shown in Figure 4 (below). This illustrates that
the driveway location is suitably located to ensure sufficient sight distance to adjacent
intersections.




Figure 4 – Indicative Driveway Location (source Cardno Figure 5-1)

Page 14

15. Clarification of how development can occur on Lot 16 in lieu of setback requirements
    associated with the lots continual frontage and irregular shape, this may include indication
    of what uses the lot has been designed to accommodate.

Response

While it is accepted that proposed Lot 16 is an isolated parcel of land, the allotment is of
sufficient size being 4,525m² to provide adequate building setbacks and landscaping to the
perimeter of the road frontages. Access to Lot 16 is to be provided to the south as shown in
Figure 4.

Summary
In summary the applicant has considered the issues raised in the information request and
addressed those issues. This has resulted in the proposal Subdivision Plan being revised 1.

The applicant has also considered the Draft New Noosa Plan, in particular the Draft Framework
& Character Plan and has held discussions with Council officers about the development of the
land. This has also influenced the changes made to the allotment sizes which now provides for
a greater amount of variety, while retaining the ability to meet the objectives under the
planning scheme to provide for business and employment generating uses.

It is suggested that the above responses and the associated reports attached, address the
issues raised in the information request. In accordance with section 14.1 of the Development
Assessment Rules, this completes the response to the information request under section 13.2
and processing of the application should continue.

Should you have any questions with respect to the above, please contact me.

Yours faithfully




Shane Adamson (BEngTech, GDURP, MPIA, MQELA)
Town Planning Specialist
Director - Adamson Town Planning Pty Ltd

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