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Response to Information Request - April 2019 Final
Attached to the e-mail Response to Information Request - RAL18/0023.
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.
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