Noosa Lot 4 Early Learning Centre RFI Response 12.04.23 · MCU22/0094

        residential lots 17-19 and 10m wide to the remaining lots at the time of sealing the plan of
        subdivision
With Condition 57 requiring that this landscaping be maintained:
    57. All landscape works must be maintained generally in accordance with the approved design for
        the life of the development.
The 10 metres of landscaping is required prior to the plan seal for RAL18/0023, and it is expected that
the landscaping be maintained as the lots are developed. Therefore the proposed ‘4m wide buffer
planting’ within the Landscape Concept plan along Hofmann Drive is not adhering to the reconfiguration
approval.
Information Required
    1. Amend the layout and the Landscape Concept plans to include the required 10m of planting that
        will have been completed as per RAL18/0023 along Hofmann Drive.

Our Response
It is important to note that in 2003, Council and Stockwell entered an Infrastructure Agreement to
agree the requirements for the future stages of the Business Centre. The 2003 Infrastructure
Agreement essentially required Stockwell to deliver all significant road infrastructure and open space
areas upfront as part of Stage 1 of the development. This occurred prior to the Stage 1 development
occurring through the delivery of the Eenie Creek Road duplication, the construction of the Walter
Hay Drive connection and the dedication of significant Open Space Areas throughout the master
planned site.

Relevantly, the 2003 Infrastructure Agreement (which incorporates and reflects the requirements of
the original Master Plan 2 for the Business Centre) and subsequently the development Approval for
Stage 1 of the Business Centre required the conservation and dedication of:
    • Open Space Areas 1 and 2 (2.2 hectares) for the provision of open space and the preservation
        of visual amenity, in particular in providing a buffer to the National Park;
    • Open Space Areas 4 and 7 (2.6 hectares and 1.3 hectare) for the provision of open space, the
        preservation of visual amenity and the preservation of natural wetlands and drainage
        pathways; and
    • Open Space Areas 5 and 6 (0.2 hectares and 0.2 hectares) for the provision of open space and
        preservation of visual amenity.

Further, clause 10 of the 2003 Infrastructure Agreement provides that for the development of future
stages of the Business Centre, Stockwell is required to provide a minimum 10% of the area of each
Reconfigured Lot located within the Employment Sub-Precinct (the Early Learning Centre site is
located within Employment Sub-Precinct E1 under the 2003 Infrastructure Agreement). Clause 10
further provides that:

“…having regard to the contributions and physical infrastructure provided for in this Agreement, the
Applicant and its successors in title shall not be required in respect of Future Stages of the Business
Centre on the Land to undertake work…relating to…open space”.

A subsequent Infrastructure Agreement was entered into with Noosa Council in 2020, which simply
reflects in more detail the specific delivery of infrastructure in the context of the subdivision of the
Business Centre. To this end, clause 2.5 of the 2020 Infrastructure Agreement confirms that “nothing

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