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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
3. MAKEPEACE ISLAND, PLANNING & ENVIRONMENT COURT APPEAL NO. D14 OF
2014
Author Coordinator, Development Assessment, Kerri Coyle
Community and Development
Index ECM/ Application / MCU13/0064
Attachments 1. Locality Plan
2. Proposal Plans
3. Delegated Officer Report
APPLICATION DETAILS
Applicant Makepeace island (Operations) Pty Ltd
c/- KHA Development Managers
Development Approval Development Permit for Material Change of Use of Premises –
Visitor Accommodation Type 4 Conventional
Number of Submissions 1 Not Properly Made Submission
PROPERTY DETAILS
Property Address Makepeace Island, Noosa North Shore
RP Description Lot 55 MCH 1667
Land Area 9.3ha
Existing Use of Land Detached House and Caretakers Residence
STATUTORY DETAILS
SEQRP Designation Regional Landscape & Rural Production Area
Locality Noosa North Shore
Zone Open Space Conservation
Overlays Riparian Buffer Area, Environmental Enhancement, High
Potential Acid Sulfate Solis, Flooding, Minimum Floor Heights
Assessment Type Impact Assessment
Page 39 of 231
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Section 2
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
RECOMMENDATION
That Council note the report by the Coordinator, Development Assessment titled Makepeace
Island, Planning & Environment Court Appeal No. D14 of 2014 in respect to development
approval MCU13/0064 for Visitor Accommodation Type 4 Conventional at Makepeace Island,
Noosa North Shore and agree to defend the appeal.
REPORT
1. Background
A Development Permit for Material Change of Use – Visitor Accommodation Type 4 Conventional
was issued on 22 November 2013, with a Negotiated Decision Notice issued on 19 December
2013.
Following approval of the application, the applicant made representations in relation to conditions
4, 15 and 16. In relation to those representations, a Negotiated Decision Notice was issued
agreeing to amend condition 16, but refusing to change conditions 4 and 15.
As a result of the decision to refuse to change conditions 4 and 15, the applicant has now lodged
Planning & Environment Court Appeal No. D14 of 2014. The applicant submits that the
conditions are unlawful because they are an unreasonable imposition on the use and are not
reasonably required in relation to the use of the premise and the development application ought
to be approved subject to lawful conditions.
2. Proposal
The application sought approval to use the existing Makepeace Island dwelling and facilities as a
‘boutique resort’ comprising 10 guest bedrooms, sleeping a maximum of 20 guests. No major
building works were proposed to accommodate the use, apart from minor upgrades to existing
access ways in order to satisfy the change of building classification to allow short term visitor
accommodation. An on-site manager (chef and hostess) will permanently reside in the
caretaker’s residence on the island. A general manager, skipper/activities coordinator,
maintenance staff and cleaning staff will access the site between 7am and 10pm, with some of
some of these staff intended to be accommodated within the caretaker’s residence during high
occupancy periods.
Access to the site will be via the island’s private boats, consisting of an electric river boat, with a
capacity of 10 guests, a speed boat with a capacity of 10 guests, as well as a barge. The
applicant advises that it will offer a complimentary car and bus service offering to pick up and
drop off from Brisbane and Maroochydore airports as well as any home or hotel on the Sunshine
Coast or Brisbane. An arrangement with the Noosa Marina (2 Parkyn Court, Tewantin) is
currently in place allowing guests to be picked up and dropped off by boat to and from the
marina. Two employees will park their vehicles at the end of Moorindil Street, from where they
will be picked up by the island’s transfer boat.
3. Site History
Council at its Ordinary Meeting held on 9 August 2007 agreed to a dwelling house to be
assessed against the superseded Planning Scheme on the site, subject to an Infrastructure
Agreement being entered into with Council. This meant that the dwelling was ‘self-assessable’
and did not require a planning approval.
Page 40 of 231
Section 3
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
On the 8 January 2008, the Infrastructure Agreement was subsequently settled by officers and
the owners of the island. The Infrastructure Agreement imposed a number of conditions,
including the restriction on vegetation removal, compliance with management plans, flooding and
the use of the buildings to be restricted only for a dwelling house. All management plans
mentioned within the Infrastructure Agreement applying to the development have been complied
with.
4. Application Assessment
A copy of the officer report is included as Attachment 3.
Conditions 4 and 15, which are the subject of appeal, are as follows:-
4. No more than 20 persons are to be accommodated on the island within the 3 bungalows
(comprising 2 bedrooms each) and bedroom wing (containing 4 double rooms), except for
the approved caretakers/staff dwelling (capable of sleeping 4 persons) as indicated on the
approved plans. No additional persons and/or guests are permitted on the island at any
time, apart from the on-site manager and staff.
15. Noise from amplified music and entertainment must not be audible at any affected
premises between the hours of 10:00pm and 7:00am.
The 2 conditions are considered critical to restrict noise emissions to an appropriate level in order
to protect the amenity of neighbouring residents. While the island is located in the Noosa River,
the closest residential properties are located just over 200 metres to the west in Cambridge
Court, Tewantin. The area is residential in nature and is not located within the visitor mixed use
precincts of Gympie Terrace where some level of noise might be anticipated by residents.
At the time of assessment of the development application, the applicant’s noise report modelled
noise and used the Office of Liquor Gaming and Racings criteria for amplified music. This criteria
allows significant emissions of noise over the background at various times of day or night and is
generally only suitable for entertainment precincts where pubs and clubs would usually establish.
This is not appropriate for the area given the proximity of residential properties and is
inconsistent with The Noosa Plan provisions for the area.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Not previously considered by Noosa Council.
Finance & Risk
Should the matter proceed to trial there will be costs in defending the appeal of approximately
$50,000.
CONSULTATION
External Consultation - Community & Stakeholder
At this stage the matter has been referred to Council’s solicitor for planning matters and advice
sought from an acoustic consultant.
Page 41 of 231
Section 4
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Internal Consultation
Departments/Sections Consulted:
Community Infrastructure x Community & Development
Asset Planning & Delivery Community Services
Civil Operations x Planning & Development
Environmental Services Health & Regulatory Services
Waste Management Business Facilitation
Community Resilience & Disaster Management
Executive Office Organisational Services
Communications & Governance Financial Services
Human Resources ICT
De-amalgamation Coordination Property & Contracts
Page 42 of 231
Section 5
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Page 43 of 231
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Attachment 1 — Locality Plan
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014 ATTACHMENT 2
Page 44 of 231
RELOCATED DS Sb
EXIST BUILD NE
. os TREE TO : LOCATION:
PROPOSED wo Xe MAKEPEACE ISLAND NORTH SHORE
* + BE RETAINED
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Page 44 of 231Section 7
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Page 45 of 231
REFERENCE TO TREE SURVEY =
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Page 45 of 231Section 8
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Page 46 of 231
REFERENCE TO TREE SURVEY LEGEND
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Page 46 of 231Section 9
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Page 47 of 231
LEGEND
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tees Sk or, UhiGiy Wee re peer ae SUNSHINE COAST REGIONAL COUNCIL
apie ea) C= Ce) oF) “ C2) a ° J
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Tenis court WATER ' Bao Oe oS J APPROVED
(wot vl ale to raved hrs FS Sarno oprumaes ) J McU 1310064. 22 NOV 13
HARVESTING AHD STORAGE ‘ y
On wo aides of he coutand ——gyyp Oe) etsAnio / HW TERMI ™€Q) sO ‘
then to discreet water tank storage “ . LAVIN AREA ‘a 400 4
under bulldhg Infrestucts-e} EXISTING SINGLE 4
TREES TO BE RETAINED ‘ i) aad aes EQ i 3
ou iy" > or
AS SHOWN som
Oss co 8: , LET & wie KEY
. ay ok
a —— a
EXISTING COUCH FLAT Lee OD) ve 85 = Py \
TOBE RETANED {c> Jo PRES ©) sara ‘you m0 5
ao Lig —e On Cs) un Nex ol
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EXISTING POWER A SF
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decumentaton) Si
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y % PRELIMINARY
REFERENCE 10 TREE SURVEY J LANDSCAPE PLAN
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2 bls socwenadin vudte bs fe Ould Surcy * y S
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seacoast eb N, a
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Page 47 of 231Section 10
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
ATTACHMENT 3
Page 48 of 231
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
ATTACHMENT 3
| Sunshine Coast DELEGATED REPORT
Regional Council PLANNING ASSESSMENT BRANCH
APPLICATION FOR DEVELOPMENT APPROVAL
Application No: MCU13/0064
Author: Jack Lewis - Development Planner
Project Director: Kerri Coyle - Coordinator Planning Applications North
APPLICATION DETAILS
Applicant: Makepeace Island (Operations) Pty Ltd
C/- KHA Development Managers
Proposal: Development Permit for Material Change of Use of
Premises - Visitor Accommodation Type 4 Conventional
Properly Made Date: 16/04/2013
Information Request Date: 10/05/2013
Info Response Received Date: 17/09/2013
Decision Due Date: 12/11/2013
Number of Submissions: One (1) Not Properly made Submission
PROPERTY DETAILS
PDivision:
Property Address: Makepeace Island NOOSA NORTH SHORE QLD 4565
RP Description: Lot 55 MCH 1667
Existing Use of Land: Detached House and Caretakers Residence
STATUTORY DETAILS
|SEQRP Designation: _—s_—i| Designation: Regional Landscape & Rural Production Area
Planning Scheme: The Noosa Plan (8 August 2011)
Planning Locality: Noosa North Shore
Planning Zone Open Space Conservation
Assessment Type:
PROPOSAL
The application seeks approval for a Material Change of Use — Visitor Accommodation Type 4
Conventional (10 bedrooms) on Makepeace Island, situated within the Noosa River.
The proposal involves operating the Makepeace Island dwelling and facilities as a ‘boutique resort’
comprising 10 guest bedrooms, sleeping a maximum of 20 guests. No major building works are
required to accommodate the use, apart from minor upgrades to existing accessways in order to
satisfy the change of building classification to allow short term visitor accommodation.
FM1404/9-01/10/2013 Page 1
Page 48 of 231Section 11
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Page 49 of 231
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
DELEGATED AUTHORITY REPORT
The applicant's report suggests staffing will vary depending on the number of guests, however two
onsite managers (chef and hostess) will permanently reside in the caretaker’s residence on the
island. In addition, a general manager, skipper/activities coordinator, maintenance staff member,
and cleaning staff (external company), will access the site between 7am and 10pm. During high
occupancy periods the applicant describes how the skipper and maintenance staff members can
also be accommodated within the caretaker’s residence.
Access to the site will be via the island’s private boats, consisting of an electric river boat with a
capacity of 10 guests, a speed boat with a capacity of 10 guests, as well as a barge with a
capacity of 15-18 cars.
The resort will offer a complimentary car and bus service offering pick up and drop off from
Brisbane and Maroochydore airports as well as any home or hotel on the Sunshine Coast or
Brisbane. An arrangement with the Noosa Marina (2 Parkyn Ct, Tewantin) is currently in place,
allowing guests to be picked up and dropped off by boat to and from the marina. Two employees
will park their vehicles at the end of Moorindal Street, from where they will be picked up by the
islands transfer boat.
A locality plan and existing layout plan is included below.
i )
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Hoe alae
Hp" Zo
| RR ns ee) 5
= gt — ee
Cony Jf Re oe
PBR fa oD] eT .
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\ (BEES Pi. care y, a:
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a Th rh > NES 4 Lint: te = = ie a = _ ; ‘
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lk ie ey Bape Cr
gt | LESS lek - ee
oe Me: a H fe SEPT H A Ey rade —
FM1404/9-01/10/2013 Page 2
Page 49 of 231Section 12
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Page 50 of 231
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
DELEGATED AUTHORITY REPORT
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SITE PLAN one
_. . am. MAKEPEACE ISLAND REFURBISHMENT ...
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scammers fOr ROBERT SHERRARD & GFT (TEE) PTYLTD = ARIE BOR cdc v0» AM
canyrgat 80350 - 8 Nov 2106
SITE DETAILS
FM1404/9-01/10/2013 Page 3
Page 50 of 231Section 13
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Page 51 of 231
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
DELEGATED AUTHORITY REPORT
Background / Site History
Council, at its ordinary meeting held on 9 August 2007 agreed for a dwelling house on the site to
be assessed against the superseded planning scheme. This subsequently made the development
‘self-assessable’, provided that an infrastructure agreement was entered into with Council.
On the 8 January 2008, the infrastructure agreement was subsequently settled by Council’s
solicitor and the owners of the island. The infrastructure agreement imposed a number of
conditions, including the restriction on vegetation removal, compliance with management plans,
flooding, and the use of the buildings to be restricted only for a dwelling house. All management
plans mentioned within the infrastructure agreement applying to the development have been
complied with.
A copy of the Infrastructure Agreement is included as Attachment 1.
Site Description
The island has a total area of 9.3 ha and is bound by the Noosa River. The majority of the island is
low lying and vegetated with mangroves. The existing development is located within the northern
portion of the island and includes nine separate buildings comprising:
e 1x4 bedroom building;
e =Kitchen/media building;
e Bar/longhouse;
e An open living building/wantilan adjacent to the pool;
e Boat shed;
e Caretaker’s residence; and
e 3x2 bedroom bungalows.
Access to the island is by boat, with the closest launch being from the end of Moorindil Street,
which is 750m to the north west of the site. Approximately 2km to the south of the site is the Noosa
Marina.
Existing services to the island include telecommunications, water, electricity and on-site sewer
treatment and disposal.
Surrounding Land Uses
The island is bound by the Noosa River, with the closest residential properties being located just
over 200m to the west of the development. The closest residences are located along the eastern
side of Tait Street and Cambridge Court, Tewantin.
ASSESSMENT
Framework for Assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009, the application must be assessed against each of the
following planning instruments to the extent they are relevant to the development:
e State Planning Policies;
e The South East Queensland Regional Plan;
e State Planning Regulatory Provisions; and
FM1404/9-01/10/2013 Page 4
Page 51 of 231Section 14
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Page 52 of 231
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
DELEGATED AUTHORITY REPORT
e The Noosa Plan
Of these, the planning instruments relevant to this application are discussed in the sections that
follow.
Statutory Instruments — State and Other
State Planning Policies
The relevant State Planning Policies have been deemed by the Minister for Local Government and
Planning as being appropriately reflected in Council’s planning scheme and therefore do not
warrant a separate assessment.
South East Queensland Regional Plan
The site is located within the Regional Landscape and Rural Production Area of the South East
Queensland Regional Plan. The proposal is for a small scale tourist activity within the designation
and is consistent with the regional land use intent, regional policies and desired regional
outcomes.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions are applicable to this application:
° Draft Coastal Protection Regulatory Provisions
The site is within the coastal management district and is made assessable against part 3 of the
regulatory provisions. The proposed development does not propose any additional building works
and includes an appropriate counter-disaster plan to address potential coastal hazards.
Statutory Instruments — Planning Scheme
The applicable planning scheme for the application is The Noosa Plan (8 August 2011). The
island is located within the Open Space Conservation zone of the Noosa North Shore locality, with
the proposed visitor accommodation use inconsistent within the zone. All residential uses
(including a detached house) within the Open Space Conservation zone are inconsistent.
Local Area Provisions
The Overall Outcomes of the Noosa North Shore locality seek only limited visitor accommodation
and services, confined to the visitor mixed use zone and the wilderness camping ground. The
locality code also seeks developments offering visitor accommodation to be low key, so as to
avoid changes to the character, as a result of excessive visitor numbers and adverse
environmental impacts from over-use.
While the site is not located within a Visitor Mixed Use zone, the proposal does not involve any
new buildings, structures or site works, which would adversely impact on the values intended to be
protected by the Open Space Conservation zoning. The visitor accommodation use will operate
within the existing development footprint. The applicant contends that the proposed development
provides for a unique visitor accommodation experience, which is low key and will have the same
impact as a dwelling being used for visitor purposes.
Land Use and Works Provisions
While there is already an established development on the site, the scale and intensity is limited by
it being used as a single let dwelling house. Besides requiring a Building Works application to
change the building classification under the Building Code of Australia (BCA), there is no
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additional building or site works required for the use to commence. The impacts of the proposed
change of use relate to noise, refuse management, effluent disposal, site access and flooding.
Noise
The applicant has submitted an acoustic impact assessment to address the potential noise
aspects of the proposed use. The assessment has established compliance with all relevant noise
criteria and limits. However, the applicant has modelled the liquor licence criteria for amplified
music, which allows a significant emission of noise over the background at various times of the
day or night.
The Office of Liquor Gaming and Racing’s (OLGR) criterion is generally suitable for an
entertainment precinct where pubs and clubs would usually establish. The proposal does not meet
the requirements of The Noosa Plan for development in close proximity to a residential area.
Therefore, conditions have been imposed to restrict noise emissions to a more appropriate level in
order to enhance and protect the amenity of neighbouring residents. These limits will be
enforceable by council at any time where a nuisance complaint is made about the use.
Refuse Management
Council’s environment specialist expects the site can accommodate acceptable refuse
management, subject to conditions of approval.
Effluent Disposal
The existing Plumbing Approval (2008/0402) was finalised on the 6 May 2010 and required an
advanced secondary novaclear aerated water treatment system with associated effluent disposal
area. An assessment of the existing wastewater infrastructure was finalised on the 1 July 2013.
The report concludes the wastewater treatment system is capable of accommodating the
proposed changes to the development, with no further works required.
Site Access
The site is only accessible by boat. The applicant indicates the island is to be serviced by 2 boats
and a barge from the end of Moorindil Street and the Noosa marina. The use generates the need
for parking of 2 vehicles at Moorindil Street and 1 vehicle at the Noosa marina.
Engineering Assessment Branch indicate there is sufficient informal carparking area at the
northern end of Moorindil Street to cater for the 2 spaces. While, the applicant advises the use of
the commercial boat to access the island requires pick up from a commercial marina berth at
Noosa marina. A single vehicle requirement in Noosa marina has been included as part of the
agreement with marina management. Due to the limited number of guests, it is considered that
any additional traffic movements can be catered for within the current network and conditions are
required for a car transfer service to be available to drop off and collect guests.
Flooding
Council’s Hydrology specialists provide the following key information for the site with respect to
flooding and coastal hazards:
e The elevation of the site is generally around 0.5m AHD with some areas up to 1m AHD.
e Peak 100 year ARI freshwater flood level is 3.0m AHD.
e Peak Predicted Maximum Flood (PMF) freshwater flood level is 4.35m AHD.
e The 100 year ARI storm tide level including projected sea level rise to 2100 is 2.9m AHD.
The building floor levels of the main residence for the lower level is 2.80m AHD and for the upper
level it is 4.90m AHD. Access to the site is via boat only.
Based on the above constraints, if this was a new development or intensification of an existing
development then it would not be recommended for approval. However, there are no works
proposed as a result of this application, with the proposed use operating within the existing
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development. Furthermore, the number of people who can stay at the development is not
proposed to increase.
The change of use does justify consideration of how the flood hazard and coastal hazard on the
site will affect the use. The lower levels of the main building are slightly below the current 100 year
ARI flood level, while the upper floor rooms are above the Predicted Maximum Flood (PMF). If the
structure of the main dwelling is sufficient to withstand hydrostatic and debris forces during a PMF
event then this may be a suitable flood refuge.
A Flood Emergency Management Plan has been submitted showing how a flood hazard is
proposed to be managed. The Flood Emergency Management Plan identifies a number of critical
issues, including that when the first warning of 1m at Tewantin is issued, the Makepeace Island
Jetty will be inaccessible, therefore making flood free access to the jetty and mooring areas
hazardous and potentially putting lives in danger. Therefore, the emergency procedures for the
island cannot be dependent solely on the system provided by the Queensland Flood Warning
Network. As a result, it is recommended that Makepeace Island implement its own independent
alert system.
CONSULTATION
IDAS Referral Agencies
Nil
Other Referrals
The application was forwarded to the following internal council specialists:
e Development Engineer, Engineering and Environment Assessment Branch
e Environment Officer, Engineering and Environment Assessment Branch
e Ecology Specialist, Engineering and Environment Assessment Branch
° Plumbing Specialist, Plumbing Services Branch
e Senior Strategic Planner, Strategic Land Use Planning Branch
Their assessment forms part of this report.
Public Notification
The application was publicly notified for 15 days in accordance with the requirements of the
Sustainable Planning Act 2009. One (1) not properly made submission was received.
The following table provides a summary and assessment of the issues raised by submitters.
| ssues | Comments
- Makepeace Island is at times | The proposal has the potential to disrupt the
disrupting the residential amenity of | residential amenity of the neighbouring residential
the surrounding residents along Tait | houses located less than 200m away from the
Street and Cambridge Court. existing buildings on Makepeace _ Island.
Conditions are recommended to restrict noise
emissions to a more appropriate level in order to
enhance and protect the amenity of neighbouring
residents, including:
- Restricting noise levels to 5db above
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background levels between the hours of 7am
and 10pm;
- Noise from amplified music not to be audible
from residential neighbours between 10pm
and 7am; and
-__Nouse of the barge between 10pm and 7am.
- Potential effects on the native | The proposal does not involve any additional
wildlife. building works or removal of vegetation. It is not
anticipated there will be any adverse impacts on
the local wildlife as a result of the change of use.
- Emergency services will find it | The building will need to be reclassified as a class
difficult to access the island. 2 building for visitor accommodation and
incorporate appropriate fire safety ratings. Water
supply is provided to the island for fire fighting
and the access to the island is only 750m from
the closest boat launch at Moorindil Street.
CONCLUSION
The proposed visitor accommodation use for Makepeace Island is to be located within the existing
development footprint, with no increase in in the number of persons able to be accommodated.
The applicant has provided sufficient information about the operational issues associated with the
development, which are considered to satisfactorily manage the associated impacts.
On balance, the proposed change of use is considered logical and reasonable in the context of the
current holiday letting, with the site impacts able to be appropriately managed and potential
environmental impacts mitigated. There will be no adverse impacts upon the environment and
appropriate noise conditions are recommended to ensure the residential amenity of neighbouring
dwellings along Tait Street and Cambridge Court are not compromised. To ensure future
intensification of the use is limited and natural values protected, appropriate conditions are
recommended relating to the use of the site.
Despite the inconsistency with the Open Space Conservation zoning, the following grounds of
approval are recommended:
o The visitor accommodation use is low key in its scale and provides a unique tourism
experience, which contributes to the North Shore Locality and Noosa generally.
o The proposed use is able to be accommodated within the existing building footprint and
does not involve any additional site works.
o Potential site impacts can be appropriately managed so as not to cause a nuisance to
nearby residential properties along Tait Street and Cambridge Court, Tewantin.
RECOMMENDATION
APPROVE WITH CONDITIONS Application No. MCU13/0064 for a Development Permit for
Material Change of Use of Premises - Visitor Accommodation Type 4 Conventional situated at
Makepeace Island NOOSA NORTH SHORE QLD 4565 as identified in the attached details
recommended for the Decision Notice.
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1. | APPLICATION DETAILS
Application No: MCU13/0064
Street Address: Makepeace Island NOOSA NORTH SHORE QLD 4565
Real Property Description: Lot 55 MCH 1667
Planning Scheme: The Noosa Plan (8 August 2011
2. _ DECISION DETAILS
The following type of approval has been issued:
° Development Permit for Material Change of Use - Visitor Accommodation Type 4
Conventional
3. | RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 4 years starting the day that this development
approval takes effect.
4. _ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior
to the use commencing, and then compliance maintained at all times while the use
continues.
Approved Plans
2. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed within this Decision Notice.
Nature and Extent of Approved Use
3. The buildings must be used for short term visitors only. The buildings must not be occupied
by persons for the purpose of permanent accommodation, excluding those persons in the
approved caretakers/staff dwelling.
4. No more than 20 persons are to be accommodated on the island within the 3 bungalows
(comprising 2 bedrooms each) and bedroom wing (containing 4 double rooms), except for
the approved caretakers/staff dwelling (capable of sleeping 4 persons) as indicated on the
approved plans. No additional persons and/or guests are permitted on the island at any
time, apart from the on-site manager and staff.
5. No advertising signs shall be erected or placed in anyway on the island.
6. A complimentary car transfer service shall be made available to all guests arriving and
departing the island.
Landscaping
7. The development must be undertaken in accordance with Approved Landscaping Plans.
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8. A “no clearing zone” must be established and maintained over the land outside the
development footprint on the Approved Site Plan. The following activities must not be
carried out within the no clearing zone:
(a) clearing, cutting down, poisoning, lopping or pruning of native vegetation which is
indigenous to, or planted within, the zone;
(b) soil/spoil dumping and/or compacting; and
(c) soil excavation, other than for planting indigenous native plants.
The following exceptions apply:
(a) declared plants under the Land Protection (Pest and Stock Route Management) Act
2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental
Weeds, Exotic Grasses and other plants identified in writing by Council;
(b) indigenous native trees which pose a well-founded threat to persons or property as
approved in writing by Council; and
(c) controlled bushfire burns to maintain ecological processes subject to submission of
a Bushfire Management Plan and agreed in writing by Council.
9. The development must be undertaken in accordance with the Rehabilitation and Weed
Management Procedures contained in approved Weed Management and Vegetation
Rehabilitation Plan for the site.
Refuse Management
10. The development must be provided with a refuse container storage area. This area is to
be:
(a) a fully enclosed and roofed area such that animals or vermin cannot access the
waste. In this regard it shall be fully enclosed on three sides using materials
compatible with the site (e.g. palings, lattice work, brick or blockwork, etc), and
provided with access gates or doors to facilitate easy access and removal of refuse
bins;
(b) adequate in size for general refuse bins and recycling bins;
(c) imperviously sealed with a bunded base (e.g. concrete, bitumen, etc);
(d) constructed generally in accordance with Planning Scheme Policy No. 9 “Waste
Management Multi-Dwellings and Commercial and Industrial Premises’.
11. A bin washdown pit lawfully directed to the effluent disposal must be provided for the
cleansing of all refuse bins. This may be a separate area or form part of the storage area
required in the above condition. Where this area is separate and is not roofed, the
stormwater catchment area must comply with plumbing and drainage requirements.
12. A Waste Management Plan (WMP) must be developed and implemented on site. This plan
shall:
(a) appoint the site management entity as responsible for administering the plan;
(b) require that all waste materials be segregated into general and recyclate waste
streams and stored within their appropriate refuse bin within the storage area;
(c) outline refuse obligations of patrons that stay on site,
(d) appoint person(s) responsible for the transportation of refuse containers from the
storage area to an approved Council refuse facility,
(e) appoint the person(s) responsible for cleaning bins on-site and maintaining the
storage area and litter bins in a clean and tidy state; and
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(f) where required, ensure the use of on-site litter bins for patrons,
(g) require the removal of all waste off site on a minimum weekly basis,
(h) require that all waste materials are adequately secured and covered when being
transported off site to the approved disposal facility.
13. Refuse obligations for patrons outlined in the WMP shall be included as part of a site
operational plan.
Acoustics
14. For noise from amplified music and entertainment between the hours of 7:00am and
10:00pm, the adjusted maximum sound pressure level Lajo, plus adjustments for tonal and
impulse components, must not exceed the background level Lago by more than 5 dB(A)
when measured at any affected premises.
15. Noise from amplified music and entertainment must not be audible at any affected
premises between the hours of 10:00pm and 7:00am.
16. Where a complaint (other than a frivolous or vexatious complaint) is made to Council about
noise from the premises, the following shall be provided to Council, when requested:
(a) have a suitably qualified acoustic consultant undertake a Noise Impact Assessment
(NIA) in accordance with relevant guidelines and standards, and have a report
submitted to Council for endorsement which outlines the findings of the NIA; and/or
(b) the installation of volume limiting devices and/or upgrade the sound reduction index
(R) value of windows, doors and/or shield mechanical plant and equipment, and/or
provide internal frequency absorptive or sound proofing treatments within the site,
and/or install acoustic barriers to mitigate or reduce noise impacts and have any
such upgrades or works certified by a suitably qualified acoustic consultant;
17. Service vessel movements associated with the approved use (including loading and
unloading and transport of patrons) for the use of the Registered Barge, must not occur
outside the hours of 7am to 10pm Monday to Sundays. The requirements of this condition
must be included into any accommodation agreement or equivalent operational plan.
ENGINEERING UNIT
Stormwater Drainage
18. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site.
Damage to Services and Assets
19. Any damage caused to existing services and assets above or below the ground must be
repaired:
(a) where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
(b) where otherwise, upon completion of the works associated with the development.
(c) Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
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HYDRAULICS AND WATER QUALITY
Flood Management
20. Access along the entire route between all habitable buildings and the jetty shall be a
minimum level of 0.9m AHD.
21. Install, maintain and monitor an on-site Alert System in accordance with Section 4 of the
Flood Emergency Plan listed in this Decision Notice.
22. The development shall be operated in accordance with the Flood Emergency Plan listed in
this Decision Notice and any updates of this plan. The plan shall be reviewed on an annual
frequency to incorporate lessons learned during the previous 12 month period. A
Registered Professional Engineer Queensland specialising in hydraulics and hydrology
shall be consulted if significant changes are required.
Plumbing, Drainage and Waste Water Treatment and Disposal
23. The development must be provided and operate in accordance with a Plumbing, Drainage
and an On-site Waste Water Treatment and Effluent Disposal System having a capacity
sufficient for the use and a wet weather storage facility with a 10,000 litre or 4 days storage
capacity at peak design flow as per the Future-Plus Environmental, Assessment of Existing
Wastewater Infrastructure.
5. REFERRAL AGENCIES
Not Applicable.
6. APPROVED PLANS
The following plans are Approved Plans for the development:
Approved Plans
PlanNo. [Rev |PlanNameSSSSC=«dte SC
VMRRNO A01 Site Plan 13/04/2007
LS01 Preliminary Landscape Plan Site Setout part 1 | 05-06-07
prepared by Landgraphics
LSO2 Preliminary Landscape Plan Site Setout part 2 | 05-06-07
prepared by Landgraphics
LSO3 Preliminary Landscape Plan Site Setout part 3 | 05-06-07
prepared by Landgraphics
7. _REFERENCED DOCUMENTS
The following documents are referenced in the assessment manager conditions:
Referenced Documents
‘DecumentNo. [Rev |DocumentName SSSSC« Date
CIV1063 1.2 Flood Emergency Management Plan — Makepeace | 17/09/2013
Island, Noosa Queensland, prepared by Contour
Consulting Engineers
AD07631REHAB Weed Management and Vegetation Rehabilitation | 15/05/07
Plan, prepared by Duke Environmental
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4225 Assessment of Existing Wastewater Infrastructure — | 08/04/2013
Proposed Change of Use Makepeace Island, Noosa
North Shore, prepared by Future-plus Environmental
8. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Equitable Access and Facilities
1. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in
addition to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
(a) the Disability Discrimination Act 1992 (Commonwealth);
(b) the Anti-Discrimination Act 1991 (Queensland); and
(c) the Disability (Access to Premises — Buildings) Standards
Aboriginal Cultural Heritage Act 2003
2. There may be a requirement to establish a Cultural Heritage Management Plan and/or
obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person
who carries out an activity must take all reasonable and practicable measures to ensure
the activity does not harm Aboriginal cultural heritage.” \t is an offence to fail to comply
with the duty of care. Substantial monetary penalties may apply to individuals or
corporations breaching this duty of care. Injunctions may also be issued by the Land and
Resources Tribunal, and the Minister administering the Act can also issue stop orders for
an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural
heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss
any obligations under the ACH Act.
Infrastructure Charges
3. This Development Permit may trigger an “Adopted Infrastructure Charge Notice” (if
applicable) to be issued in accordance with Council’s “Adopted Infrastructure Charges
Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the
Sustainable Planning Act 2009.
Noise
4. The applicant is advised to ensure that during the detailed building design and construction
phase, including the design, selection and installation of fixed plant and equipment, A/C
units and refrigeration plant, mechanical exhausts, acoustic enclosures/plant rooms and
the like, that the ongoing advice and design input of a qualified acoustic consultant is
sought and implemented to ensure that the operation of such plant and equipment
complies with statutory and planning noise limits. Mechanical plant and equipment must be
provided with appropriate acoustic enclosures/screening and located away from adjacent
noise sensitive premises.
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Rainwater Tanks — Public Health Act 2005
5. In accordance with the Public Health Act 2005, rainwater tanks must be constructed with
mosquito proof screens (made from either brass, copper, aluminium or stainless steel), and
constructed with a mesh size of no more than 1mm, and must be installed in a way that
does not accelerate corrosion. Tanks that contain flap valves must be installed so that
when closed, mosquitoes cannot pass through the valve. It is unlawful under the Public
Health Act 2005 to construct, install or be in possession of a tank that does not comply with
these requirements.
Food Act 2006
6. All areas where food is to be stored, handled or prepared for sale or sold must be
constructed and equipped in accordance with the provisions of the Food Act 2006 and the
Food Standards Code. The premises must be registered and the operators licensed with
Council under the aforementioned Act prior to the use commencing. Contact Council's
Healthy Places Unit via the Customer Service Centre for further information.
Plumbing, Drainage, Waste Water Treatment and Disposal System
7. The existing Plumbing and Drainage and a Waste Water Treatment and Disposal System
for the site is as mentioned in the report from Future-Plus Environmental, Assessment of
Existing Wastewater Infrastructure, Reference No 4225 Dated 1“ July 2013, capable of
accommodating the proposed changes to the development.
8. The existing system has been approved in accordance with the Queensland Plumbing and
Wastewater Code, Australian Standards AS/NZS3500, AS/NZS1547: 2000 “On-site
Domestic Wastewater Management”. lf the design requirements for the site change, a
Compliance Permit must be obtained from the Local Authority under the Plumbing and
Drainage Act 2002, in addition, where a development exceeds the accommodation or use
of 21 or more equivalent persons an Operator's Licence from The Department of
Environment and Heritage Protection (DEHP) will also be required.
9. _PROPERTY NOTES
Not Applicable.
10. PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable.
11. FURTHER DEVELOPMENT PERMITS REQUIRED
° Development Permit for Building Work (Change Building Classification)
12. SELF ASSESSABLE CODES
Not Applicable.
13. SUBMISSIONS
There was one (1) not properly made submission about the application.
14. REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
The Assessment Manager considers the decision conflicts with the planning scheme and the
following are sufficient grounds to justify the decision despite the conflict:
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1. The visitor accommodation use is low key in its scale and provides a unique tourism
experience, which contributes to the North Shore Locality and Noosa generally.
2. The proposed use is able to be accommodated within the existing building footprint and
does not involve any additional site works.
3. Potential site impacts can be appropriately managed so as not to cause a nuisance to
nearby residential properties along Tait Street and Cambridge Court, Tewantin.
4.15. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a “negotiated decision notice” will be
issued. Only one “negotiated decision notice” may be given. Taking this step will defer your
appeal period, which will commence again from the start the day after you receive a “negotiated
decision notice’.
16. OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on
line at www.sunshinecoast.gld.gov.au, or at Council Offices.
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Attachment 1 - Infrastructure Agreement | si
a ae VME SAE?
‘ = * ae "
NOOSA COUNCIL
AND
ROBERT JAMES SHERRARD & GFT (TEE) PTY LTD ACN 102 496 604 j
es . 4 ts tie 1 : é 7 = sla
‘ INFRASTRUCTURE AGREEMENT © |
MAKEPEACE ISLAND
3 ie get & :
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
THIS AGREEMENT is made on the date stated in Item 1 of Schedule 4.
Between: THE COUNCIL OF THE SHIRE OF NOOSA
("ihe Council’)
and: ROBERT JAMES SHERRARD and GFT (TEE) PTY LTD ACN
102 496 604
(‘the Owner’)
RECITALS |
A. The Owner Is the registered owner of the Land and has made application to
the Council over the Land for a material change of use of premises for a
Dwelling House to be assessed under the Superseded Planning Scheme.
B. The Owner and the Council wish to enter into an agreement about the
development of the Land as a Dwelling House.
IT IS AGREED
1. INTERPRETATION
1.4. Name of Agreement
This Agreement may be known in accordance with Item 2.
1.2 Commencement :;
; - This Agreement commences on the Commencement Date. . ,
1.3. Interpretation
(a) In this Agreemeni, unless a contrary intention appears, referance to—
(i) a clause is to a clause in this Agreement;
(ii) the singular includes the plural and vice versa;
(iii) any gender includes all other genders:
(iv) a person includes a firm, a corporation, an association and a
(v) legislation (including subordinate legislation) includes—
« statutory instruments made under the legislation:
Makepeace Isiand Infrastructure Agreement. + ~~~Page tof 18
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
* consolidations, amendments, re-enactments or
replacements of the legislation;
(vi) writing includes any mode of representing or reproducing words
in tangible and permanently visible form and includes facsimile
transmission; and .
(vil} this or any other document includes the document as varied or
replaced and is not affected by any change in the identity of the
parties. ,
. ,(b) The clause headings appearing in this Agreement are inserted for
» convenience of reference and do not affect the construction of this
Agreement. ‘
(c) If any words are italicised or otherwise printed differently, this has
been done for convenience only and does not afiect the construction
of this Agreement. . 1
: + > 2 3 e , ~e., # t
(d) A reference to a party includes that party's successors, assigns,
wa executors, or administrators,: ~ ; Ma Se
~—~“(e] Whanever more persons than one constitutes a party all the ~
covenants, agreements, concitions, restrictions and provisos on the
pari of thet party contained or implied in this Agreement bind those
persons jointly and each of them severally.
. (f) This Agreement is in all respects to be interpreted in accordance with
a ‘the laws of the State of Queensland, and the parties irrevocably and
unconditionally submit to the non-exclusive jurisdiction of the courts
of that state and any courts which have jurisdiction to hear appeals
from them, and waive any right to object to proceedings being
brought in those courts,
(g} Nothing contained in this Agreement affects, prejudices or derogates
from the requirements of any statute or from the rights, powers and
authorities of the Council under the provisions of any statute or under
any declared policy of the Council.
(h) An inclusive definition, or an example or particularisetion of a
provision, does not limit but may extend that definition or provision.
* +o 3. » % :
(i) Where a word or expression is'defined, other parts of speech and~
grammatical forms of that word or.expression have a corresponding
definition. = |
(j) All Schedules to this Agreement form part of this Agreement.
: (k) No rule of construction applies to the disadvantage of a party on the
basis that the party put forward the Agreement or any part of the
Agreement. ;
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() Areference to an item is a reference to an item in Schedule 1.
(m) Where this Agreement refers to 2 particular officer or job title within
the Council (for example the Manager of Land Usa), and the title or
duties of that officer change from the date hereof, the reference to the
particular officer will be deemed to be a reference to the officer who
holds the relevant duties from time to time,
“Act” means the Integrated Planning Act 1997 and includes the Local
Govemment (Planning and Environment) Act 1990 and the Local
Govemment (Planning & Environment) Regulation 1991 to the extent that
they are relevant to the Development Application by operation of the
Integrated Planning Act 1997 or the Acts Interpretation Act 1954.
“Agroement” means this Infrastructure Agreement.
“Appeal” means an appeal to the Court under the Act.
“Approved Plans " means all of the plans annexed to this Agreement,
i
(a) Architectural Drawings propared by ETS group {Annexure 1) and
entitled—
(i) AO1 RevC Site Plan deted April 2007;
(i) AO2 Rev C Setout Plan (Proposed Main Building) dated April
2007;
. (iii) AO3 Rev C Main Building Setout Plan — Ground Floor dated
- April 2007; '
(iv) AO4 Rev C Main Building Setout Plan — Upper Floor Plan dated
April 2007;
(v) Utility Building Plan dated 15 February 2007; and
(vi) Preliminary Floor Plan (Bedroom Wing) submitted to the Council
on 24 July 2007.
(0) Survey Plans: Survey Plans showing 0.85m Contour Plan No.
HO60602B prepared by Hass Survey dated 2 October 2006
(Annexure 2).
“Approved Reports” means all of the reports annexed to this Agreement; .
being: -
(a) Effluent Disposal System: Site and Soil Evaluation Report for
Proposed On-Site Wastewater Treatment System (FPE
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REF:SS2771-02) prepared by Future-Plus Environmental dated 20
_ June 2007 (Annexure 3).
(b) Preliminary Landscape Plan; Site Setout Part 1-3: Plan No. LS 01, LS
02, LSO3 Issue B prepared by Land Graphics dated June 2007
(Annexure 4).
(c) Acid Sulphate Soil Management Pian: prepared by Golder and
Associates dated May 2007 (Annexure 5).
(d) Ecological Assessment Report: (ACO7631ECO) prepared by Duke
Environmental dated May 2007 (Annexure 6). oe 8
(e) Weed Management and Vegetation Rehabilitation Plan
(AD07631REHAB) prepared by Duke Environmental dated May 2007
’ (Annexure 7), .
“Chief Executive Officer’ means the Chief Executive Officer of the
. Council and includés the person (if any) for the time being acting as Chief
- »'" Executive Officer of the Council... 0) 88 tte ar eat «a
_*Commencement Date” means the date stated in Item 1 of Schedule 1. .
“Council’ means the Local Government described in Item 3 of Schedule 1.
“Council's Agents” includes the Council's members, officers, agents,
servants, employees, contractors and subcontractors, and agents and
servants of the Council's contractors and subcontractors.
“at digg Xe °F hy ore - Hoes gh sie , . >
“Court’ means the Planning and Environment Court and in the event of an
appeal against a decision of the Planning and Environment Court includes
the Court of Appeal of the Supreme Court of Queensland and the High
Court of Australia in the circumstances of applications for leave to appeal
and appeals to those Courts. .
. "Default Notice" mezns a notice given under clause 6.
“Department means the govemment department or public sector unit
which administers the Act, unless its use is in the context of the Main
Roads Department. - ‘ “
"Development" mearis construction of the dwelling in accordance with
| the Approved Plans and Approved Reporter: . wf * vf
“Devalopment Application" means the application’ made by the Owner to
the Council described in Item 6 of Schedule 1. :
“Do” in relation to Works incudes carry out, provide, perform and
undertake.
“Dwelling House” hes the meaning in the Superseded Planning Scheme.
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“Force Majeure* means an event—
(a) being a decree of the Commonwealth Government or the State
Government, an act of God, industrial disturbance, act of public
enemy, war, international blockade, public fot, lightning, flood,
earthquake, fire, storm or other event whether of a kind herein
specified or otherwise; and
(b) — is not within the control of the party claiming Force Majeure:
an
(c) which could not have been prevented by the exercise by that person
of a standard of foresight, care and diligence consistent with that of a
prudent and competent person under the circumstances,
“Item” means an Item in Schedule 1
*Land’ means the land described in Item 5 of Schedule 1 and includes—
(a) any estate or interest in, on, over or under the land; and
(b) the airspace above the surface of the land and any estate or interest
in the land; and
. (c) the subsoil of the land and any estate or interest in the subsoil; and
(d) any part or parts of the land; and
(€) any estate or interest created in respect of any of the above matters.
. .. “Local Government? has the meaning given in_the Loca! Government Act
1993. .
“Manager Land Use" means the officer of the Council who heads the
section of the Council having responsibility for the subject matter in relation
to which the term is used and includes the officer (if any) for the time being
acting as the head of that section of the Council.
, “Notice” means any certificale, demand or notice to be made, given or
servec by a party under this Agreement.
“Schedule” means a schedule to this Agreement
“Sell” includes transfer, dispose of, and alienate and “Sale” has the .
corresponding meaning.
“Site works" means any works approved for operational work in
association with the proposed development, but excluding infrastructure
works, which the Owner is required to construct or for which the Owner is
; to make a contribution under this Agreement.
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“Strategic Plan® means the 1997 Strategic Pian for Noosa Shire.
- "Superseded Planning Scheme” means the 1997 Strategic Plan for
Noosa Shire and the Schedule to the Planning Scheme in force
immediately prior to the commencement of the current planning scheme on
3 February 2006.
“Use” has the meaning given in the Act.
“Works” means the infrastructure works, which the Owner is required to
. construct or for, which the Owner makes. a contibution under this
Agreement. — . /
1.6 Other Expressions
if a term ts not defined in this Agreement it shall unless the context
otherwise requires, have the meaning given to it by—
— fa), the Actor — “ay ate te
_(b)_ the Macquarie Dictionery in ihe absence of a definition in the Act. :
1.6 When Development Approvals Take Effect
If a provision of this Agreement refers to a Development Approval taking
effect in accordance with the Act, and there is an appeal to the Court
affecting the Development Approvel, the appeal will not be taken, for the
purposes of this Agreement, to be “finally decided” in terms of Section
. ,3.5.19(c) of the Act until all appeals to the Court of, Appeal and the High ,
Court of Australia, and any remittance of the primary appoal'back to the “a
Planning and Environment Court, have been finally decided. and no other
appeal affecting the decision of the Planning and Environment Court is
possible. a. .
2. INFRASTRUCTURE AGREEMENT, |
2.1. This Agreement is intended to constitute an infrastructure agreement under
the Act. — \
2.2 With respecttosecton5.2.3ontheAct—*
. (a) The obligations under this Agreement are not affected by a change in
Ownership of the Land except as‘' expressly provided: for in this ~
7 Agreement! and Wrike a v ees a Ts. -
(b) The fulfilment of the obligations under this:Agroentent does not
depend upon development entitlements that may be ‘affected by a
change to a planning instrument. / 2%
3. OBLIGATIONS OF PARTIES -
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3.1. Following commencement of this Agreement each party must—
(a) Doall things which by this Agreement it has undertaken to do;
(b) Perform all obligations, covenants and agreements on Its part under
this Agreement; and
(c) Submit to all rights and remedies of the other party under this
Agreement.
3.2 All obligations that the Owner is required to comply with pursuant to this
Agreement shal! be so done or paid within the time respectively provided in
this Agreement. ;
4, ENVIRONMENTAL UNDERTAKINGS
4.1. The Owner must adhere generally with the Approved Plans and follow and
implement the recommendations contained in the Approved Reports in
carrying out the Development on the Land.
4.2 With respect to reading and interpreting the Approved Plans and Approved
Reports—
(a) In the event of any conflict between the Approved Plans and the
Approved Reports, the improvements on the Land will be completed
generally in accordance with the Approved Pans contained as
Annexure 1; ’
(b) No vegetation will be removed or interfered with, unless the removal
of vegetation is alowed by and |s effected in accordance with the
~—— ams ome ——yreliminary Landscape Plans contained-in“Annexure 4; even though ~~ ~~~
other sections or parts of the Approved Reports may otherwise
seemingly allow for the removal of vegetation.
Example of the operation of clause 4.3(b), if the Landscape Plans
allow for the removal of sey 10 trees in a given area, the reference in ©
Table 5.7 on page 15 of the Weed Management Report to removal of
59 mature trees does not allow or sanction the removal of the 59
trees. The removal of trees will only happen if allowed in the
Landscape Plians.
4.3 The Owner, at its own cost, must obtain certificates from the respective
. authors of the Approved Plans and Approved Reports. Each certificate will
state, with respect to the matters contained in the particular document
provided by the author —
(a) That the author of the certificate has visited the Land and done any
necessary testing, inspection or analysis needed to provide the
certificate;
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(b) Whether the development has been completed generally in
accordance with the Approved Plans, or whether the
recommendations and requirements contained or referred to in the
Approved Reports have been complied with to the satisfaction of the
author of the Approved Plans or Approved Reports as the case may
be; ,
(c) If either:- ,
(i) The development has not been completed stricty In accordance
* with the Approved Plans; or
| (ii) The recommendations and requirements contained or referred -
to in the Approved Plans and Approved Reports have not been
complied with,
the areas and extent of non-compliance and steps needed to achieve
compliance; and 2
‘+ + (4) Any other matter reasonably tequied by Councilor the Owner.
4.4 The certificates will be obtained and provided to the Council within 30 days
gp
(a) First use or testing of the waste disposal systems, with respect to the
documents in Annexure 3; and
(b) Practical completion of the Development, with respect to the
win documents In Annexures 1, 2,and4—7 inclusive; and
(c) The expiration of 12 months and 24 months from the initiation of the
. maintenance period with respect to the document in Annexure 7.
4.5 The Owner shall not cause any adverse flooding. impacts“ on other
properties adjoining the Noosa River as a result of any filling or structures
altering surface levels and impeding flood flows across the Land.
4.6 It is agreed between the parties that subject to clause 4.1, the Council will .
consider the Development Application under the superseded planning
scheme,
5. USE OFLAND
5.1 The building referred to in the Development Application will—_-
(a) be used as a Dwelling house only, forthe exclusive use of one family:
and
(b) comply with the provisions of the Superseded Planning Scheme for a
Dwelling house. .
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6. DEFAULT
6.1 ~ Default Notice .
If @ party fails to punctually perform ‘its obligations under this Agreement
the non-defaulting party may give notice of that default to the defaulting
party, which notice will specify full particulars of the default.
6.2 Time for remedy
The defaulting party must remedy any default specified in a Default Notice
within reasonable time after receipt of the default notice. In determining a
reasonable time regard must be had to all relevant factors including—
(a) The nature and extent of the default;
(b) Whether any statutory approvals or processes must be obtained or
complied with;
(c) Whether the default poses any risk, nuisance or danger to users of
the Land, members of the public, or the environment, or is likely to
cause continuing loss or damage to any person:
(d) The existence of Force Majeure;
6.3 for a default involving failure to pay an instalment under this Agreement, a
reasonable time to remedy the default is taken as seven (7) days.
we REMEDIES
. 7.1__ If either party falls to remedy any default within the time required, and that
default consists of a failure to perform or properly perionm any works, then
the non-defaulting may perform, complete or rectify those works and
recover from the defaulting pary the reasonable costs of doing so
(induding reasonable charges for supervision, interest, administration,
legal and overheads),
7.2 The rights and remedies set out in clause 7.1 are in addition to any other
rights and remedies either party may have against the other at law.
8. DISPUTE
8.1 If there is any dispute as to—
(a) The meaning or effect of any provision of this Agreement or
(b) Whether any person has exercised any discretion or made any
decision or determination under this Agreement in accordance with
the requirements set out in this Agreement applying to that discretion,
decision or determination; or
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(c) Whether any person has acted or failed to act in accordance with the
provisions of this Agreement,
then, unless it is specified in this Agreement to the contrary, that dispute
must be determined im accordance with the following provisions of this
8.2 Notice of dispute -
(a). Any person who alleges the existence of a dispute may give to the
Council notice in writing of the dispute not later than fourteen (14)
_ ae ° | days or a period specified: by the Council efter—
oe (i) . Tie dispute arises or difference srises; or
_ (ii) ~The facts or circumstances giving rise to the dispute become
known to that person; or . ,
‘-. . (iii) “Such facts or circumstances ought to have become known to
, - ™ * that person. oe. OF ve IE & a _ OV ae .
1%.) The:notice of dispute is toidentitys °° |
“ (i) ‘The subject matter of the dispute; and
(ii) The provision/s of this Agreement in respect of which the
| Glepule arises. ,
8.3". Parties to conifer ©“ "+. * wr oes _*7 4
ye ie we! 6g “ae? @ Oe : -*.
Within ‘seven (7) days aftet a notice of dispute'is given the Council and the
person giving. the notice (in this section referred’ to as “the parties"-or
individually as "he party") must confer at least once to attempt to resolve
- the dispute. At the conference the parties must each be represented by a
_, person who has authority to agree to a resolution of the dispute on their
' behalf. Each party must use its best endeavours and take all reasonable
steps to attempt to resolve the dispute by agreement. For this purpose,
the parties must in good faith undertake investigations, hold meetings,
_ exchange information and conduct informal hearings as may be ~
considered necessary or desirable. | =.» . ..
9. ARBITRATION Dn Ee tee tae es
9.1 If-the dispute is not resolved within fourteen (14)"days after the ‘notice of
dispute ‘s given or if at any time either party (acting reasonably) considers
that the other is not using its best endeavours or taking all reasonable
steps to attempt to resolve the dispute by agreement, either party may give
notice to the other referring the dispute for determination by arbitration.
9.2 The parties must pay the arbitration costs equally but pay their own legal
. costs (if any).
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9.3. Where a determination (made through arbitration hald in accordance with
clause §.1 above) bears upon the meaning, enforceability, interpretation or
validity of any provision of this Agreement that determination is deemed for
all purposes to form party of and be incorporated in this Agreement.
10. SALE OF THE LAND
10.1. The parties to this Agreement agree that this is an infrastructure
agreement to which section 5.2.5 of the Integrated Planning Act epplies,
10.2 Notwithstanding the effect of section 5.2.5 of the Integrated Pianning Act
and clause 10.1 of this Agreement, the Owner shall not Sell the Land or
any part of the Land, pror to the performance and fulfilment of the Owner's
obligations under this Agreement unless the purchaser shall enter into a
deed of novation of this Agreement with the Council whereby the.
purchaser becomes contractually bound to the Council to perform and fulfil
the provisions of this Agreement or such of them as remain unperformed or
unfulfilled by the Owner at the time of such Sale.
10.3 Owner Remains Liable Until Purchaser Signs
. Until the proposed purchaser executes and delivers the required deed of
. novation or in the event of a Sale’being made otherwise than in
compliance with clause 10,.2— .
(a) the Owner remains liable for the performance and fulfilment of this
Agreement as though no Sale had taken place; and
(b) the Owner shall perform and fulfil such of its obligations under this
mn ~ Agreement as-have not been performed and fulfillod-immedietely or -
at such other time or times as the Council stipulates, even if the time
or times otherwise appointed for such performance and fulfilment
have not then arrived.
11. SERVICE
11.1 Service by prepaid post
A Notice is sufficiently made, given or served by a party if lefi at or
forwarded by prepaid post in an envelope addressed to the other party or
any of them (where there are more persons than one comprising the
Owner) at the address specified in Schedule 1.
11.2 Service by post
A Notice if sent by prepaid post is deemed to have been made, given or
served at the time when In the due course of the post it would be delivered
at the address to which It is directed whether or not It is actually received,
11.3 Proof of service . "
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In proving service of a Notice made, given or served by the Council it is
only necessary for the Council to certify to that effect-under the hand of the
Chief Executive Officer. In proving service of a Notice made, given or
served by the Owner it is only necessary for the Owner to certify to that
effect under the hand of a director of the Owner.
11.4 Form of Notice
(a) A Notice given by a party must be In writing and signed by the party.
(b) A Notice given by a party may be signed by an officer of that party or
a the solicitor for that party. ~ .
| (c) A party receiving a Notice is not obliged to enquire as to the authority
of the person signing the Notice.
12, MISCELLANEOUS
12,1 Paymentofcosts - eat ~
CO ee ee ree eft Rae |
Each party shall pay its own costs of ‘and incidental to the preparation of
this Agreement. ‘ ue
12.2 Time
Time is, in all cases, of the essence.
12.3. Place for payment of monies
All monies payable to a party under this Agreement are payable free from
all deductions at the'address of that party specified in Schedule 1. ,
12.4 Waiver ot . .
. No waiver by either party of any breach by the other party of any of the -
provisions of this Agreement shall be implied against the other party or-be
otherwise effective unless it is in writing under the hand of the Chief
Executive Officer or a director of the Owner. Oe
12.5 Laches and delay , ; | |
No laches or delay by the Council or the Owner at any time or times in
enforcing any of its rights, powers, and the like under this Agreement
prejucice or affect those rights or powers. foe oy
12.6 Power of entry .
(a) The Owner shall permit the Council and the Council's Agents
authorised by the Chief Executive Officer, at all reasonable. times
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during the operation of this Agreement to enter into and upon the
Land for the purposes of—
(i) examining and inspecting the state or condition of the Land;
(i) ascertaining whether the obligations of the Owner under this
Agreement have been duly performed and fulfilled;
(ii) making good at the cost and expense of the Owner any breach
of such obligations provided that a Notice shall be given to the
Owner before such expenditure is incurred; and/or
(iv) exercising the Councils rights under this Agreement to enter
into and upon the Land.
(b) The nights of access include the right to—
(i) Bring machinery, equipment and materials onto the Lands;
(ii) Effect and install works that are required or authorised to be
performed under this agreement.
(c) tn exercising any of these rignts—
(i) Reasonable care must be exercised not to cause damage or
injury to property or person; and }
(ii) The party exercising the right is deemed to be an invitee of the
registered owner and the occupier of the Land.
(cd) Ifthe Owner enters into any agreement that may-limit Council's rights
under this clause 12.6, such as (without limitation) a lease of the
Land or part thereof, the Owner will first obtain from the relevant party
a covenant in favour of the Council that the party will comply with this
‘Clause 12.6.
12.7 Severance.
If any provision of this Agreement cannot be given effect or full force and
effect by reason of statutory invalidity that provision shall be severed or
read down but so as to maintain and uphold so far as possible the
remaining provisions of this Agreement. .
12.8 Warranty of authority ’
Any person signing this Agreement—
(a) as attorney of any party warrants to the other parties that at the date
of execution that person has not received any notice or information of
ths revocation of the power cf atiomey appointing that person; and
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(b) as an authorised officer, agent or trustee of any party warrants to the
other parties that at the date of execution that person has full
authority to execute this Agreement in that capacity.
12.9 Further assurances
Each party agrees at its cost to do everything reasonably necessary to give
effect to this Agreement. .
12.10 Force Majeure
(a) Ifa party is unable by reason of an event of Force Majeure to carry . -
- + @ut-its obligations under this Agreement, that party must give a Notice
to the other party advising of the event of the Force Majeure as soon
as it is reasonably practicable after the event of a Force Majéure.
(b) If a party gives a Notice advising of an event of Force Majeure, that
party's obligations will be suspended during the period for which the
s - event of Force Majeure orits effectextends. |. wegay Re
’ (¢) Where the obligations of 4 party are dependent ‘upon’ the dccurrence
of specified circumstances, then the party will be relieved of its
obligations for so jong as there is a change or deviation or non-
occurrence of those circumstances arising from a matter beyond the
party's control .
12.11 Amendment of this Agreement
(a) Despite any provision of this Agreement, the Council and the Owner
‘ may at any time agree to vary the terms of this Agreement. :
(b) No modification, variation or amendment of this Agreement is of any
force or effect unless :
(i) it is in the form of an amendment agreement and has been
signed by the parties; and
(ii) where relevant the amendment agreement complies with the
requirements of the Act.
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SCHEDULE 1 - AGREEMENT DETAILS
ITEM 1 Date S Tea NOE y QOOB
ITEM2 Name of Agreement Makepeace Island Infrastructure
Agreement
ITEM3 Council .
Name of Local Government Nooss Shire Council
. Address 9 Pelican Street, Tewantin Qld 4565
ITEM4 Owner
Name Robert James Sherrard and GFT (TEE)
Pty Ltd ACN 102 496 604
Address. c/- Ernst & Young, Level 5 Waterfront
Place, 1 Eagle Street, Brisbane Qld
. 4000
ITEMS Land
Description Makepeace Island
Lot 55 on MCH1667
County/ Parish March/ Noosa
_ Area. 9.308 hectares
ITEM6 Development Application oo
Application for a Development Permit for Material Change of Use for a
Dwelling House on the Land lodged with the Council as Assessment
Manager under the Act on 8 March 2007.
ITEM7 Superseded Planning Scheme Designation
Zones Rural Preservation
. Strategic Plan Designations Open Space — Conservation &
Waterway Protection
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Executed as a Deed by— /\p .
coor) lf)
THE COMMON SEAL of the COUAGT 1 | )
attached by authority of a resolutifir ance Saeny (
_ witnessed by ROBERT JOHN ABUT thé Sacre a
Mayor and VICTOR BRUCE DAVIE tN 3 A au
the Chief Executive Officer Sth Exe Officer
. ‘ ‘ . ‘
EXECUTED by BRETT ALAN GODFREY, )
the sole director of GFT (TEE) PTY LTD )
ACN 102 496 604 in accordance with )
$.127 of the Corporations Act 2001 (Cth) =) Vy :
& ; : a) - SOB A actor “j=, &
EXECUTED by the said ROBERT ) /). Y
JAMES SHERRARD inthe presenceof: ). L/%
A | Whiten
__ Ziisiige cLinalstesel Sorta: |
oO NEVILLE JAMES WHITE ;
* SOLICITOR .
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
| Regional Council PLANNING ASSESSMENT BRANCH
APPLICATION NO: MCU13/0064
AUTHOR: JACK LEWIS
PROJECT DIRECTOR: DENIS WALLACE
TO BE COMPLETED BY PROJECT MANAGER / REPORT AUTHOR:
« Is referral required to the Councillor Delegated Sign Off Mailbox? YES
= Has a site inspection been undertaken? YES
= Has an email request for Infrastructure Contributions calculation YES
been sent to the Infrastructure Contribution Team?
* Is an Adopted Infrastructure Contribution Applicable? YES
Material to give to the Project Director
Qo A copy of any previous edited version of the report
Qo Plans and documents recommended to become Approved Plans and Documents
Qo Location plan / aerial photographs at appropriate scales
oO Site photos (where obtained)
a= 2
PROJECT MANAGER Cc , PROJECT DIRECTOR
Signature: <P Signature: em e | Le
Position: Development Planner Position: Coordinator Planning Applications North
Date:19 November 2013 Date:19 November 2013
TO BE COMPLETED BY PROJECT DIRECTOR:
(Note: to be signed after the Councillor Delegated Sign Off referral process is completed (where applicable))
| exercise delegation in accordance with the delegations adopted by Council on 12 December
2009: K - L
g
Signature: - Date: 22 November 2013
PROJECT DIRECTOR
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