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

in this document derogates from or varies the 2003 Infrastructure Agreement (and in particular, clause
10 of the 2003 Infrastructure Agreement) except in the manner and to the extent described in the Special
Conditions”. Nothing in the Special Conditions of the 2020 Infrastructure Agreement varies the
effect of clause 10 of the 2003 Infrastructure Agreement.

The requirement in the 2003 Infrastructure Agreement to provide 10% of the site area as landscaping
within the Employment Precinct E1 (noting that 15% landscaping must be provided to the overall
Precinct when fully developed), mirrors the requirement under the current 2020 Noosa Plan to
provide 10% landscaping on the subject site.

Taking into account the history of the provision of open space and the series of agreements Stockwell
and Noosa Council have entered for the delivery of the future stages of the Business Centre, it has
been Stockwell’s long held view that:

   •   the requirement to provide 10 metres of planting to the frontage of Hofmann Drive in
       conditions 53a and 57 of the ROL for the Business Centre was intended to ensure that the
       relevant Business and Innovation Precincts were revegetated following the subdivision works
       until the ultimate development of the Precincts occurred pursuant to individual MCU
       applications for the end uses ultimately proposed on each lot;

   •   if Council’s intention is now that the requirement in conditions 53a and 57 of the ROL is that all
       future stages of development that front Hofmann Drive provide a 10 metre landscaped buffer
       along the frontage (with the exception of Lots 17 to 19), that this is in effect a requirement to
       provide open space for visual amenity purposes that is in direct conflict with the statement in
       clause 10 of the 2003 Infrastructure Agreement (ie that no further open space is to be required
       in the development of individual lots in the future stages of the development); and


   •   Where there is a conflict between Clause 10 of the 2003 Infrastructure Agreement and a later
       approval such as the ROL, clause 10 of the Infrastructure Agreement will override the later
       requirement and prevail.


For the reasons set out above, we respectfully do not accept that a 10 metre landscaping area is
required to be provided along the frontage of the Lot 4 Early Learning Centre proposal. Rather, the
minimum landscaping that may be require to be provided on the subject site is 10% of the site area,
as reflected in the provisions of both the 2003 Infrastructure Agreement and the current Noosa Plan
2020.

Notwithstanding that a 10 metre heavily vegetated landscaping strip has not been provided along the
frontage of the subject site as requested in Council’s RFI, it is our belief that the site and building
design achieves the visual amenity outcomes that Council hoped for along Hofmann Drive. To this
end, the revised proposal submitted with this RFI response sets the building back over 10 metres to
allow for the incorporation of a combination of 4.0 metres of heavy buffer vegetation which
effectively screens the proposed building and use from Hofmann Drive, and the positioning of the
children’s outdoor play areas behind this deep planting zone along the frontage. The combined open
space area to be provided on the site in the form of landscaping, landscaped outdoor play areas,
garden and pedestrian pathways and landscaped bio-retention areas amounts to 43.09% of the

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