2020-07-16 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                                 16 JULY 2020


Strict vegetation clearing restrictions prohibit clearing of koala habitat areas within Koala Priority
Areas. As such, future development is limited to the existing cleared footprint of the former TAFE
campus.
The protections of the site under Federal (threatened species), State and Council statutory
provisions now provide significant protection of the site’s environmental values. Council’s decision
to pursue negotiations to purchase the site occurred nearly two years ago and at this time the
comprehensive environmental protections referenced above were not in place.
Purchase Negotiations and Native Title
At Council’s Special Meeting on 31 August 2018, Council agreed for staff to continue negotiations
with the state regarding the future of the site. Subsequently, at Council’s Ordinary Meeting on 20
December 2018, Council resolved to continue to negotiate and if successful purchase the site for a
sum not greater than $1.7M, with funds to be sourced from a mix of Environment Levy and general
cash reserves. Following the meeting Council wrote to the State formally offering to purchase the
site for $1.7M.
As contractual negotiations commenced with the state they disclosed that Native Title still applied to
the site as a result of the State not submitting a Native Title assessment when the site was converted
from a reserve to freehold in 2006, which is a requirement under the Native Title Act 1993. The
implications of this disclosure is Council required the State to validate the grant of freehold over the
site by entering into an Indigenous Land Use Agreement (ILUA) with the Traditional Owners, the
Kabi Kabi First Nation people, prior to the purchase proceeding. These negotiations due to their
complexities can be protracted with indefinite completion timeframes.
Notwithstanding the issues noted above Council prior to the election continued to work with the State
on an Option to Purchase Agreement to reflect the parties’ intention to proceed with the purchase.
However, Council now finds itself in a continuing impasse with unknown completion timeframes and
increased contractual complexity in addition to the new COVID environment. As part of its due
diligence investigations and evidence based decision making process, Council has also
commissioned updated building condition assessments, property valuations, economic feasibility
and market rental assessments.
Potential Uses and Future Tenure
Previous Council pre-feasibility assessment of the site indicated a range of potential end users and
outcomes that would have reduced financial risk to ratepayers. However, staff now advise available
options have since reduced as a result of new development constraints and environmental
protections on the site. Consultants were commissioned to undertake a Strategic Land Use Options
Assessment to assess feasibility in detail. Brief commentary on these options is provided below.
Aged Care / Retirement – Previous indications were Noosa’s aging population was expected to
provide the most likely need/demand for the site, with an area of regrowth vegetation at the southeast
of the site (toward the Cooroy-Noosa Road frontage) identified as an opportunity for expanded
development footprint. Clearing for development in this area is now prohibited and the remaining
campus footprint, which is surrounded by vegetation and has only a single access and egress route,
would be unlikely to be feasible, particularly as this use requires very high levels of bushfire safety.
Tewantin Cemetery Expansion
Expansion of the Tewantin Cemetery to meet future needs was also identified as a potential outcome
for the adjoining land in the south eastern portion of the site but is no longer an option due to
environmental and clearing constraints.
Council Depot
The site provides insufficient hardstand or further developable areas to support relocation of
Council’s depot, which is currently considerably larger.




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