Negotiated Report (Representations made) MCU22 0174 · MCU22/0174

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               1.     BACKGROUND
               A development approval for a Material Change of Use - Dual occupancy was issued on 22 March
               2023
               The applicant suspended the appeal period and made representations on 13 April 2023 to the
               development approval conditions. The representations are detailed below but relate to amending
               a landscaping condition to remove reference to a specific tree species.
               2.     ASSESSMENT
               An assessment in relation to each of the submitted representations is provided below:
               Condition 18
                              Landscaping
                      18.     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.       Detailed landscape plans undertaken by a qualified person generally in
                                       accordance with the works shown on the Approved Plans
                              b.       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.
                              c.       landscaping feature trees (45 litre Banksia integrifolia) provided within the
                                       eastern frontage landscape area.
                              d.       vegetated screening of the eastern elevation from Edward Street, designed such
                                       that 30% of the eastern elevation will be softened at maturity.
               Applicant’s Representation
               The applicant has requested that condition 18c ‘landscaping feature trees (45 litre Banksia
               integrifolia) provided within the eastern frontage landscape area’ be amended as follows:



               The applicant states the species option provided by Council for the landscaping feature tree is
               limiting.
               Assessment of Representation
               Council’s Senior Environment Officer has reviewed the request and raised no concerns with
               amending the condition. It is noted however that the ‘Primary Character Species’ list in Table
               SC6.3.4.1 lists a number of shrubs, trees etc, therefore it is recommended the condition be
               amended to include a minimum tree size from the Primary Character Species’ list, noting that a
               suitable species can be confirmed through the further Operational Works application process.
               3.     CONCLUSION & REASONS FOR DECISION
               RECOMMENDATION
               With regard to Application No. MCU22/0174 and the representations made, Council on 24 May
               2023 decided to:
               A.     Agree to amend condition18 to read as follows:
                      18.     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.       Detailed landscape plans undertaken by a qualified person generally in
                                       accordance with the works shown on the Approved Plans
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Document Set ID: 22436084
Version: 2, Version Date: 24/05/2023

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                              b.       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.
                              c.       landscaping feature trees (minimum 45 litre tree listed in Planning Scheme Policy
                                       PSP2 Landscaping - Table SC6.3.4.1 – Primary Character Species) provided
                                       within the eastern frontage landscape area.
                              d.       vegetated screening of the eastern elevation from Edward Street, designed such
                                       that 30% of the eastern elevation will be softened at maturity.
               B.     Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.




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Document Set ID: 22436084
Version: 2, Version Date: 24/05/2023