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                    AGENDA


           Ordinary Meeting


            Thursday, 26 June 2014

                  commencing at 6pm
        Council Chambers, 9 Pelican Street, Tewantin




Crs Noel Playford (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Tony Wellington, Frank Wilkie
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Section 2

ORDINARY MEETING AGENDA                                                                                               26 JUNE 2014


TABLE OF CONTENTS

ITEM                                                                                                                             PAGE
1      ATTENDANCE & APOLOGIES .......................................................................................... 3
2      CONFIRMATION OF MINUTES ......................................................................................... 3
3      MAYORAL MINUTES ......................................................................................................... 3
4      NOTIFIED MOTIONS .......................................................................................................... 3
5      CONSIDERATION OF COMMITTEE RECOMMENDATIONS ............................................ 4
       INFRASTRUCTURE & SERVICES COMMITTEE RECOMMENDATIONS ......................... 4
       PLANNING & ORGANISATION COMMITTEE RECOMMENDATIONS .............................. 8
       GENERAL COMMITTEE RECOMMENDATIONS ............................................................. 29
6      ORDINARY MEETING REPORTS .................................................................................... 31
       1.      ASSESSMENT OF EXPRESSIONS OF INTEREST FOR COMMERCIAL HIGH USE
               PERMITS (1313E012) – FURTHER REPORT .......................................................... 31
7      PETITIONS ....................................................................................................................... 34
8      CLOSED SESSION ............................................................................................... 34
9      NEXT MEETING ............................................................................................................... 34
10     MEETING CLOSURE ....................................................................................................... 34




                                                                                                                        Page 2 of 34

Section 3

ORDINARY MEETING AGENDA                                                       26 JUNE 2014



1   ATTENDANCE & APOLOGIES




2   CONFIRMATION OF MINUTES

    The Minutes of the Ordinary Meeting held on 29 May, 2014 be received and confirmed.

    The Minutes of the Special Meeting held on 18 June, 2014 be received and confirmed.




3   MAYORAL MINUTES

    Nil.




4   NOTIFIED MOTIONS

    Nil.




                                                                               Page 3 of 34

Section 4

ORDINARY MEETING AGENDA                                                         26 JUNE 2014


5    CONSIDERATION OF COMMITTEE RECOMMENDATIONS

INFRASTRUCTURE & SERVICES COMMITTEE RECOMMENDATIONS

17 JUNE 2014 - Crs Sandy Bolton (Chair), Noel Playford, Bob Abbot, Frank Pardon

Other Councillors in Attendance: Cr Tony Wellington, Cr Joe Jurisevic

1    SUNSHINE COAST COUNCIL POLICY MEMORIALS AND PLAQUES
     That Council note the report by the Business Support Officer to the Infrastructure &
     Services Committee Meeting dated 17 June 2014 and repeal the Memorials and Plaques
     Policy that transferred to the Noosa Council from the Sunshine Coast Regional Council
     under the Local Government (De-amalgamation Implementation)Regulation.

2    NAMING REQUEST, ROOM AT COOROY LIBRARY
     That Council note the report by the Business Support Officer to the Infrastructure &
     Services Committee Meeting dated 17 June 2014; and defer consideration of this matter to
     allow staff to investigate alternative recognition options for families with an historical
     connection to the Lower Mill Site for consideration by Council.
     A.    Endorse the naming of the public room at Cooroy Library, commonly known as the
           Heritage Room, as “The Fenwick Room”; and
     B..   Request Community Services staff develop options and seek funding for a series of
           interpretive panels to be placed near the Fenwick Room depicting the Fenwick
           family’s connection to the mill and the site’s early history.


3    NOOSA COUNCIL TRAFFIC ADVISORY & SPEED MANAGEMENT COMMITTEE
     That Council note the report by the Team Leader, Transport Infrastructure Management to
     the Infrastructure & Services Committee Meeting dated 17 June 2014, and:
     A.    Note the minutes of the Noosa Traffic Advisory and Speed Management Committee
           held on 15 May 2014; and
     B.    Undertake the development of a policy to manage Segway use on road reserves and
           public land.


4    ROAD SAFETY AUDIT, CREEK ROAD, NOOSAVILLE
     That Council note the report by the Team Leader, Transport Infrastructure Management to
     the Infrastructure & Services Committee Meeting dated 17 June 2014 and undertake the
     suggested high priority improvements as detailed in Table 3.1 of the Matrix Traffic
     Consulting Audit Report as set out in Attachment 1 of the report by the Team Leader,
     Transport Infrastructure Management.

5    REPEAL OF TRANSPORT LEVY POLICY
     That Council note the report by the Design Services Manager to the Infrastructure &
     Services Committee Meeting dated 17 June 2014 and repeal the Public Transport Levy
     Policy that transferred to the Noosa Council from the Sunshine Coast Regional Council
     under the Local Government (De-amalgamation Implementation) Regulation.




                                                                                  Page 4 of 34

Section 5

ORDINARY MEETING AGENDA                                                           26 JUNE 2014


6   REPEAL OF COUNCILLOR EMERGENT CAPITAL WORKS & MINOR OPERATIONAL
    WORKS POLICY
    That Council note the report by the Manager Asset Planning to the Infrastructure &
    Services Committee Meeting dated 17 June 2014 and repeal the Councillor Emergent
    Capital Works & Minor Operational Works Policy that transferred to the Noosa Council from
    the Sunshine Coast Regional Council under the Local Government (De-amalgamation
    Implementation)Regulation.

7   CAPITAL PROGRAM DELIVERY STATUS - JUNE 2014
    That Council note the report by the Asset Planning Manager to the Infrastructure &
    Services Committee Meeting dated 17 June 2014 providing an update on the status of the
    projects within the 2013/14 Capital Works Program.

8   PAVEMENT MARKING SERVICES TENDER ASSESSMENT (1314T004)
    That Council note the report by the Civil Operations Manager to the Infrastructure &
    Services Committee Meeting dated 17 June 2014 and:
    A.   Award contract 1314T004 for Pavement Marking Services to Cook Family Holdings
         Pty Ltd as trustee for The Cook Family Trust t/as Suncoast Roadmarking for a two (2)
         year period commencing 1 July 2014 and expiring on 30 June 2016 and,
    B.   Authorise the exercise of the option to extend the contract for a further twelve (12)
         months, subject to:
         1.    Satisfactory performance by the contractor during the previous contract period;
               and
         2.    Review of the contractor’s proposed rates for the subsequent 12 month period
               which is to be undertaken at least two (2) months prior to the end of the
               contract period.; and
         3.    Infrastructure & Services Committee approval as least one (1) month prior to
               expiry of the contract period.


9   TRAFFIC CONTROL SERVICES TENDER ASSESSMENT (1314T006)
    That Council note the report by the Civil Operations Manager to the Infrastructure &
    Services Committee Meeting dated 17 June 2014 and:
    A.   Award Contract 1314T006 for Traffic Control Services to Aaction Traffic Control Pty
         Ltd for a two (2) year period commencing 1 July 2014 and expiring on 30 June 2016;
         and
    B.   Authorise the exercise of the option to extend the contract for a further period of up to
         twelve (12) months, subject to:
         1.   Satisfactory performance by the contractor during the previous contract period;
         2.   Review of the contractor’s proposed rates for the subsequent 12 month period
              which is to be undertaken at least two (2) months prior to the end of the contract
              period; and
         3.   Infrastructure & Services Committee approval at least one (1) month prior to
              expiry of the contract period.




                                                                                    Page 5 of 34

Section 6

ORDINARY MEETING AGENDA                                                          26 JUNE 2014




10   REPEAL OF ENVIRONMENT LEVY POLICY
     That Council note the report by the Coordinator Environmental Services to the
     Infrastructure & Services Committee Meeting dated 17 June 2014 and repeal the
     Environment Levy Policy that transferred to the Noosa Council from the Sunshine Coast
     Council under the Local Government (De-amalgamation Implementation) Regulation.


11   WALLACE PARK FLYING FOXES
     That Council note the report by the Environment Officer to the Infrastructure & Services
     Committee Meeting dated 17 June 2014 and:
     A.   Continue to monitor the flying fox population and provide information to residents on
          request as outlined in Option 1; and
     B.   Resolve to undertake flying fox non-dispersal mitigation actions as outlined in Option
          2A.


12   LOCAL AREA PEST MANAGEMENT PLAN
     That Council note the report by the Environment Officer to the Infrastructure & Services
     Committee Meeting dated 17 June 2014 and resolve to develop a Noosa Local
     Government Area Pest Management Plan 2014-2018 for Council consideration as outlined
     in Option 2 of the report.


13   PEST SURVEY PROGRAM 2014 - 2015
     That Council note the report by the Manager Waste and Environmental Health to the
     Infrastructure and Services Committee Meeting dated 17 June 2014 approve the following
     Pest Survey Programs for the Noosa Council region in accordance with section 241 of the
     Land Protection (Pest and Stock Route Management) Act 2002:

     1.   Survey Program 1 - 01/07/14 to 30/09/14 for the localities of Cooroy, Cooroy
          Mountain, Tinbeerwah, Cooroibah and that part of Doonan that is within the Noosa
          Council boundary;

     2.   Survey Program 2 - 01/10/14 to 31/12/14 for the localities of Black Mountain, Federal,
          and those parts of Ridgewood and Eerwah Vale that are within the Noosa Council
          boundary;

     3.   Survey Program 3 - 01/01/15 to 31/03/15 for the localities of Kin Kin, Pinbarren,
          Cooran and that part of Como that is within the Noosa Council boundary; and

     4.   Survey Program 4 - 01/04/15 to 30/06/15 for the localities of Pomona, Lake
          MacDonald, Ringtail Creek, Cootharaba, Noosa North Shore and Boreen Point.




                                                                                  Page 6 of 34

Section 7

ORDINARY MEETING AGENDA                                                     26 JUNE 2014


14   SUPPORT FOR RSPCA DESEXING CAMPAIGN
     That Council note the report by the Disaster Management & Public Order Manager to the
     Infrastructure & Services Committee Meeting dated 17 June 2014 and request the Chief
     Executive Officer to authorise payment of $12,000 to the RSPCA to support the
     de-sexing and microchip campaign.




Recommendation

The Infrastructure & Services Committee recommendations dated 17 June, 2014 be adopted
except where dealt with or held over by separate resolution.




                                                                             Page 7 of 34

Section 8

ORDINARY MEETING AGENDA                                                                 26 JUNE 2014


PLANNING & ORGANISATION COMMITTEE RECOMMENDATIONS

17 JUNE 2014 - Crs Frank Wilkie (Chair), Noel Playford, Joe Jurisevic, Tony Wellington

Other Councillors in attendance:       Nil.


1    DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR MULTIPLE
     HOUSING TYPE 4 - CONVENTIONAL AND VISITOR ACCOMMODATION TYPE 4 -
     CONVENTIONAL - MCU14/0008
     That Council note the report by the Planning Technical Officer regarding Application No.
     MCU14/0008 for a Development Permit for a Material Change of Use for Multiple Housing
     Type 4 – Conventional and Visitor Accommodation Type 4 – Conventional situated at 226
     David Low Way, Peregian Beach and;
     A.    Approve the application in accordance with the following 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 below, unless otherwise amended
                 by the conditions of approval.

                  Plan No.      Rev.   Plan Name, prepared by                            Date

                  A.01.1        K      Site Plan, prepared by Hinton Steel Frames        20-03-14

                  A.01.2        G      Renders, prepared by Hinton Steel Frames          20-03-14

                  A.01.3        G      Renders, prepared by Hinton Steel Frames          20-03-14

                  Units 1, 2 & 3

                                       Perspectives - Units 1, 2,& 3, prepared by        N.D
                                       Hinton Steel Frames

                  A.01.2        H      Ground Floor, prepared by Hinton Steel Frames     20-03-14

                  A.01.3        H      First Floor, prepared by Hinton Steel Frames      20-03-14

                  A.01.4        H      Elevations, prepared by Hinton Steel Frames       20-03-14

                  A.01.5        H      Elevations, prepared by Hinton Steel Frames       20-03-14

                  Units 4 & 5

                                       Perspectives - Units 4 & 5, prepared by Hinton    N.D
                                       Steel Frames

                  A.01.2        I      Ground Floor, prepared by Hinton Steel Frames     20-03-14




                                                                                         Page 8 of 34

Section 9

ORDINARY MEETING AGENDA                                                              26 JUNE 2014



               A.01.3        I   First Floor (annotated), prepared by Hinton Steel    20-03-14
                                 Frames

               A.01.4        I   Elevations, prepared by Hinton Steel Frames          20-03-14

               A.01.5        I   Elevations, prepared by Hinton Steel Frames          20-03-14

               Units 6 & 7

                                 Perspectives - Units 6 & 7, prepared by Hinton       N.D
                                 Steel Frames

               A.01.2        H   Ground Floor, prepared by Hinton Steel Frames        20-03-14

               A.01.3        H   First Floor, prepared by Hinton Steel Frames         20-03-14

               A.01.4        H   Elevations, prepared by Hinton Steel Frames          20-03-14

               A.01.5        H   Elevations, prepared by Hinton Steel Frames          20-03-14

               Units 8 & 9

                                 Perspectives - Units 8 & 9, prepared by Hinton       N.D
                                 Steel Frames

               A.01.2        J   Ground Floor, prepared by Hinton Steel Frames        20-03-14

               A.01.3        J   First Floor, prepared by Hinton Steel Frames         20-03-14

               A.01.4        J   Elevations, prepared by Hinton Steel Frames          20-03-14

               A.01.5        J   Elevations, prepared by Hinton Steel Frames          20-03-14

        Building Height
        3.    The maximum height of the development must not exceed 8 metres above the
              finished ground level and the natural ground surface and 2 storeys.
        4.    Certification must be submitted to Council from a Licensed Surveyor which
              certifies that the buildings do not exceed the maximum height requirement of
              this Decision Notice.
        Performance Bond
        5.    Security in the form of a cash bond or trading bank guarantee to the sum of
              $10,000 must be submitted to Council, to secure performance of all conditions
              of this approval, prior to the issue of a Development Permit for Operational
              Works The cash bond or trading bank guarantee will be returned on
              performance of the conditions of approval less any costs incurred by Council in
              respect of enforcing performance of this permit. Council reserves the right to
              call upon the bond or guaranteed sum to effect compliance with conditions.
        Street Identification
        6.    The street address of the development must be clearly visible and discernible
              from the primary frontage of the site by the provision of a street number and,
              where appropriate, the building name.




                                                                                      Page 9 of 34

Section 10

ORDINARY MEETING AGENDA                                                          26 JUNE 2014


        Building Appearance
        7.    All air conditioning units or other mechanical equipment must be located at
              ground level, or otherwise fully enclosed or screened such that they are not
              visible from the street frontages nor adjoining properties.
        8.    All deck and balcony areas above ground floor must not be enclosed by
              permanent fixtures such as shutters, louvres, glass panelling or the like.
        Internal design
        9.    Each unit must have a maximum of 1 bedroom. In this regard the wall between
              the kitchen and the adjoining room (containing the WC) must remain at half
              height.
        Fencing and Walls
        10.   Any street fencing must be set back an average of 1 metre from the front
              property boundary. Any fencing on the front boundary must either:
              (a)     not exceed a maximum height of 1.2m except for the block fence to the
                      east and north sides of the Energex transformer easement
              (b)     be of open construction.
        11.   The area of land between the fence and the front property boundary must be
              densely landscaped to screen any fencing and the development from the street.
        Clothes Drying and Storage Areas
        12.   Each dwelling unit must be provided with storage facilities pursuant to the
              Noosa Plan and to the satisfaction of Council. In this regard, an amended plan
              must be submitted as part of the operational works application.
        Community Management Statement
        13.   Any proposed Community Management Statement required for the
              development pursuant to the Body Corporate and Community Management Act
              1997 must be submitted to Council for endorsement at the same time as
              submission of the Building Format Plan (or similar) to Council for compliance
              assessment.
        Landscaping Works
        14.   The development site must be landscaped*. The works must be undertaken in
              accordance with an Operational Works approval and Planning Scheme Policy
              PSP 3 Landscaping Plants and Guidelines and must include in particular:
              (a)   to the north of the driveway, a minimum of a 1 metre wide landscaped
                    garden must be provided along the front boundary within the site
                    excluding the bioretention basin. This may narrow only at the south end of
                    the visitor parking space.
              (b)   to the south of the driveway, the area between the stepped screen wall
                    and the front boundary and the footpath must be densely landscaped and
                    must include 2 x 45 litre tall plantings appropriately placed to screen units
                    8 and 9.
              (c)   landscaping must be provided for the full length of the side and rear
                    boundaries. The landscaping must incorporate a combination of tall and
                    understorey plantings and must include;
                    (i)   a minimum of 4 x 45 litre suitable tall trees provided to the eastern
                          boundary to the rear of each of units 4 (planted outside of the
                          easement), 5, 6, and 7


                                                                                  Page 10 of 34

Section 11

ORDINARY MEETING AGENDA                                                           26 JUNE 2014


                    (ii)    dense screening to the southern boundary
                    (iii)   2 x 45 litre trees to the southern end of the driveway between units
                            7 and 9
              (d)   a landscaped garden must be provided for the full length of unit 8
                    northern elevation and must be as wide as practicable to ensure vehicle
                    turning can be achieved
              (e)   a minimum of a 0.6m wide landscaped garden must be provided for the
                    full length of unit 3 eastern elevation adjacent to the visitor parking space
              (f)   provision of 3 x 45 litre street trees within the road reserve. In this regard
                    1 tree must be located to the south side of the driveway and 2 trees to the
                    north of the driveway.
                    *(Refer to Advisory Note)
        15.   All landscape works must be established and maintained in accordance with
              horticultural best practice with construction techniques and irrigation that allow
              for 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.
        16.   All landscape works must be maintained generally in accordance with the
              approved design for the life of the development.
        ENGINEERING
        External Works
        17.   David Low Way must be upgraded for the length of its frontage to the subject
              site. The works must be undertaken in accordance with an Operational Works
              approval and must include in particular:
              (a)   construction of a pedestrian footpath in accordance with the conditions of
                    this Decision Notice
              (b)   reinstatement of the footpath and verge area to match the balance of the
                    site frontage, including the provision of topsoil and turf where the existing
                    verge is disturbed.
        Site Access and Driveways
        18.   A sealed access driveway must be provided from David Low Way to all parking
              and maneuvering areas of the development. The works must be undertaken in
              accordance with an Operational Works approval and must include in particular:
              (a)   a driveway crossover in accordance with IPWEAQ standard drawing SEQ
                    R-051
              (b)   suitable safety measures, including warning signage, to improve driver
                    awareness of pedestrians and enhance pedestrian safety
        19.   The internal driveway must be designed and constructed with widths, crossfalls
              and gradients in accordance with Australian Standard AS/NZS 2890.1:2004 -
              Parking Facilities.
        Car Parking
        20.   A minimum of 12 car parking spaces must be provided and marked on the site.
              The works must be undertaken in accordance with an Operational Works
              approval and must include in particular:
              (a)   3 visitor parking spaces within the total, which are clearly marked for that
                    purpose and accessible at all times for visitor use

                                                                                  Page 11 of 34

Section 12

ORDINARY MEETING AGENDA                                                        26 JUNE 2014




              (b)    crossfalls and gradients in accordance with Australian Standard AS/NZS
                     2890.1:2004 - Parking Facilities
              (c)    garages, including door openings, in accordance with section 5.4 of
                     Australian Standard AS/NZS 2890.1:2004 - Parking Facilities
        Pedestrian
        21.   Pedestrian facilities must be provided for the development. The works must be
              undertaken in accordance with an Operational Works approval and must
              include in particular a 2 metre wide concrete footpath within the road verge for
              the entire length of the site’s frontage to David Low Way.
        Stormwater Drainage
        22.   The site must be provided with a stormwater drainage system connecting to a
              lawful point of discharge. The works must be:
              (a)    generally in accordance with drawing number 17011-SW1 B prepared by
                     SCG Consulting Engineers
              (b)    undertaken in accordance with an Operational Works approval.
        Electricity and Telecommunication Services
        23.   Unless otherwise stipulated by telecommunications legislation at the time of
              construction, the development must be provided with all necessary conduits,
              pits and pipes to accommodate the future connection of optic fibre technology
              telecommunications.
        24.   Certification must be submitted to Council from all relevant service providers
              which certifies that the development has met the requirements of this Decision
              Notice and all applicable legislation at the time of construction.
        Earthworks and Retaining Walls
        25.   All fill and associated batters must be undertaken in accordance with an
              Operational Works approval, and contained entirely within the subject site
              unless written permission from the respective landowner(s) is provided to
              Council.
        Damage to Services and Assets
        26.   Any damage caused to existing services and assets as a result of the
              development works must be repaired at no cost to the asset owner at the
              following times:
              (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.
              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.
        ENVIRONMENT
        Waste Storage
        27.   The developer must provide waste storage and disposal facilities in accordance
              with Planning Scheme Policy 9, Waste Management, including an external
              imperviously paved area correctly sized for all refuse and recycling containers
              and suitably screened from public places and neighboring properties.

                                                                               Page 12 of 34

Section 13

ORDINARY MEETING AGENDA                                                            26 JUNE 2014




        28.     A bin wash area is required with a cold-water tap, hose and drain outlet
                connected to sewer, via a bucket trap. The drain outlet must be designed to
                prevent storm water entry to the sewerage system which can be achieved by a
                bunded area, with a nib wall height of 100mm maximum, enclosing a wash area
                of 700mm x 700mm minimum (max 0.7m²). Alternatively the waste area can be
                roofed, or any other appropriate design approved by council that would prevent
                storm water entry to the sewer.
        Noise
        29.     Written certification is required from a suitably qualified person confirming that
                sound pressure levels from all mechanical plant and equipment comply with the
                following :
                (a)   Air-conditioning and Refrigeration
                       7am to 10pm: Maximum level allowable = background + 5dB(A)
                       10pm to 7am: Maximum level allowable = background + 3dB(A)
                (b)   Pumps
                       7am to 7pm: Maximum level allowable = background + 5dB(A)
                       7pm to 10pm: Maximum level allowable = background + 3dB(A)
                       10pm to 7am: No audible noise.
                Assessment and certification is required immediately after installation of the
                equipment and prior to any occupation of the building. All equipment should be
                operating at the same time to test the overall noise level created, with the
                measurement location at either the residential boundary or outside the most
                exposed part of an affected building - whichever is the closest to the
                plant/equipment.
        30.     The certification must be submitted to Council, which certifies that operational
                noise from any fixed plant and equipment complies with the requirements of this
                Decision Notice.
        UNITYWATER
        31.     Reticulated water supply and sewerage must be provided to the development.
        32.     Construction activities must not impede the access of Unitywater or Fire
                Brigade personnel to vital infrastructure (eg. valves, fire hydrants and sewer
                access chambers).
        33.     The fire-fighting demand on Unitywater’s water supply system from the
                development must not exceed 15 litres per second.
        34.     The existing 150mm diameter asbestos concrete watermain in David Low Way
                must be replaced for the full frontage of the development site with DICL pipes.
                The replacement works must be completed prior to placing construction
                materials/site offices over or adjacent to the water main alignment.
        35.     A single Unitywater installed primary water meter must be provided immediately
                inside the property boundary. Additional water meters must be installed for
                each title of a community title or sub-lease scheme. Meters must be Unitywater
                approved, installed in accordance with Unitywater requirements and remain
                accessible at all times for reading and maintenance purposes.
        36.     Water meters must be located on alternative boundaries to electrical pillars.



                                                                                   Page 13 of 34

Section 14

ORDINARY MEETING AGENDA                                                          26 JUNE 2014


        37.   Buildings and other structures must maintain a minimum clearance of 1.5
              meters from Unitywater sewer mains, and 1.0 meter from a sewer manhole
              chamber or sewer inspection opening.
        38.   The level of the existing sewer manholes must be adjusted to suit the proposed
              finished surface levels. Work must be undertaken by Unitywater at the
              applicant’s cost or by the applicant’s private contractors following submission to
              Council of an Operational Works application and approval of the application.
        39.   Easements of between 3 and 10 metres must be provided over all Unitywater
              sewers located within property boundaries in accordance with the SEQ
              standards. Easements shall be centred over the pipe. Easement terms shall be
              the most current registered dealing held by the Department of Natural
              Resources & Mines and shall not be altered or amended.
        40.   Storm water retention systems and gross pollutant traps must maintain a
              minimum clearance of 1.5 meters from Unitywater water supply and sewerage
              infrastructure.
        41.   Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from
              Unitywater water mains and 1.5 metres from Unitywater sewerage mains.
              Landscaping plants within these clearances must be low growing when mature,
              and suitable approved varieties.
        42.   Construction works undertaken in the vicinity of Unitywater water supply or
              sewerage infrastructure must not adversely affect the integrity of the
              infrastructure. All costs associated with repair, replacement or alteration of
              infrastructure must be met by the applicant.
        ADVISORY NOTES
        The following notes are included for guidance and information purposes only and do
        not form part of the assessment manager conditions:
        Development Compliance Inspection
        1.    Prior to the commencement of the use, please contact Council's Development
              Audit & Response Unit to arrange a Development Compliance Inspection.
        Infrastructure Charges
        2.    This Development Permit will 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.
        Qualified persons – Landscaping
        3.    For the purpose of preparing a Landscape Plan, a qualified person is
              considered to be a landscape architect, landscape designer and/or horticulturist
              with a minimum of 3 years current experience in the field of landscape design.
        Building and Construction Industry (Portable Long Service Leave) Levy
        4.    The QLeave levy must be paid prior to the issue of a development permit where
              it is required. Council will not be able to issue a Decision Notice without receipt
              of details that the Levy has been paid. QLeave contact: 1800 803 481 (free
              call) or (07) 3212 6855.
        Co-ordination of Operational Works Assessment
        5.    Additional application fees apply to Operational Work applications where the
              different aspects of the works are lodged separately. Significant savings in
              application fees will result if all works are lodged in a single application.


                                                                                  Page 14 of 34

Section 15

ORDINARY MEETING AGENDA                                                             26 JUNE 2014


         Preparation of a Preliminary Construction Management Plan
         6.    A preliminary Construction Management Plan must be submitted with the
               Operational Works application and must address the following:
               (a)    traffic management during all aspects of the construction phase including:
                      (i)     a Traffic Management Control Plan in accordance with the Manual
                              of Uniform Traffic Control Devices (MUTCD) detailing all temporary
                              signage and traffic control measures prior to construction
                      (ii)    maintenance of safe pedestrian access for the areas affected by the
                              works during and after daily construction has ceased
                      (iii)   proposed fencing to the site during the construction phase of the
                              development
                      (iv)    provision for worker car parking
               (b)    maintenance and protection of water quality and existing drainage lines
                      through the construction site, through the implementation of appropriate
                      erosion and sediment control measures
               (c)    works programme identifying key components of the works and their
                      respective durations
               (d)    establishment of a communication protocol with the general public,
                      adjoining owners, emergency services and local businesses to advise of
                      agreed construction times, impacts on traffic, services and other relevant
                      issues
               (e)    identification of complaint management procedures including:
                      (i)     contact details for the on-site manager
                      (ii)    dispute resolution procedures
               (f)    it is acknowledged that the preliminary Construction Management Plan
                      will be a draft document requiring finalisation upon appointment of the
                      Principal Contractor employed to construct the works and a final
                      document will be required to be submitted at the Pre-Start Meeting for the
                      project.
         Unitywater
         7.    Connection to Unitywater live water mains and the Unitywater live sewer system
               must be undertaken by Unitywater at the applicant’s cost.
         8.    A 150mm diameter watermain is located within the road boundary fronting the
               development site in David Low Way. Construction works, heavy traffic crossing
               the main, excessive vibration and excavation close to the main may cause
               damage to the pipe. Extreme care is required when working close to this
               infrastructure. All costs associated with repair, replacement or alteration of
               infrastructure must be met by the applicant.
    B.   Find the following are sufficient grounds to justify the decision despite the conflict with
         the Planning Scheme:
         1.    The proposed small low cost permanent and visitor accommodation provides
               housing diversity ideally located in close proximity to the Peregian Beach
               neighbourhood centre and other social infrastructure.
         21.   The building design is a well-articulated coastal building style that presents as
               domestic scale and integrates well with development in the surrounding area.



                                                                                    Page 15 of 34

Section 16

ORDINARY MEETING AGENDA                                                         26 JUNE 2014


         32.   The development allows sufficient separation between buildings, neighbouring
               properties and adequate area for soft landscaping, outdoor recreation and
               clothes drying areas.
         43.   The site has been historically used for visitor accommodation.



2   REPRESENTATIONS IN RELATION TO DEVELOPMENT APPLICATION MCU13/0069
    SITUATED AT SOUND PARK - 90 NOOSA PARADE, NOOSA HEADS
    Item not dealt with by the Planning & Organisation Committee. Referred to General
    Committee for consideration.


3   HYDROX NOMINEES PTY LTD - PLANNING & ENVIRONMENT COURT APPEAL NO.
    1505 OF 2013
    That Council note the report by the Manager Planning & Environment regarding Planning &
    Environment Court Appeal No. 1505 of 2013 and authorise the Chief Executive Officer to
    finalise the appeal generally in accordance with the following 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 below.

           Plan No.        Rev.   Plan Name                                          Date
           2869 DA-00      F      Locality Plan,    prepared   by Leffler Simes      04/06/14
                                  Architects
           2689 DA-01      A      Existing Site Conditions, prepared by Leffler 13/04/12
                                  Simes Architects
           2869 DA-03      F      Site Plan, prepared by Leffler Simes Architects    04/06/14
           2869 DA-04      F      Floor Plan, prepared by Leffler Simes Architects   04/06/14
           2869 DA-05      E      Roof Plan, prepared by Leffler Simes Architects    23/05/14
           2869 DA-06      E      Elevation, prepared by Leffler Simes               25/07/13
           2869 DA-08      F      Sections, prepared by Leffler Simes                23/05/14
           2869 DA-09      E      Easement Plan, prepared by Leffler Simes           23/05/14
           2869 DA-11      A      Typical Details, prepared by Leffler Simes         26/05/14
           2869 DA-12      B      Sections with Sight Lines, prepared by Leffler 23/05/14
                                  Simes
           2869       DA- G       Site Plan - Stage 1, prepared by Leffler Simes     04/06/14
           020                    Architects
           2869 DA-21      B      Tenancy Floor Plan and Elevations, prepared 23/05/14
                                  by Leffler Simes Architects

                                                                                Page 16 of 34

Section 17

ORDINARY MEETING AGENDA                                                            26 JUNE 2014


    Nature and Extent of Approved Use
    3.    The ancillary café must not exceed 150m2 of gross floor area.
    4.    Deleted.
    Sunset Clause for Completion of Approved Development
    5.    The stage 2 Retail Business Type 4 - Showroom development lapses if the use has
          not happened by 28 March 2019.
    Land Amalgamation
    6.    All properties the subject of the development must be amalgamated, prior to the
          commencement of the use.
    Building Height
    7.    The maximum height of the main part of the Masters Home Improvement building
          (comprising the retail, timber and receiving areas) must not exceed 10 metres above
          finished ground level.
    8.    The mechanical plant shall be screened in accordance with the Approved Plans.
    9.    The maximum height of the garden centre area shall not exceed 9m above finished
          floor levels, and shall include a 5 degree pitch as generally indicated on the Approved
          Plans.
    10.   Certification must be submitted to Council from a Licensed Surveyor which certifies
          that the Masters Home Improvement Store building does not exceed the maximum
          height requirement of this Decision Notice.
    Performance Bond
    11.   Security in the form of a cash bond or trading bank guarantee to the sum of $35,000
          must be submitted to Council, to secure performance of all conditions of this
          approval, prior to the issue of a Development Permit for Operational Works. The
          cash bond or trading bank guarantee will be returned on performance of the
          conditions of approval less any costs incurred by Council in respect of enforcing
          performance of this permit. Council reserves the right to call upon the bond or
          guaranteed sum to effect compliance with conditions.
    Built Form
    12.   The exterior finishes indicated on the approved plans shall be maintained in the
          finished building, and include at minimum the modwood screen panels to the south
          elevation, PIR panels with exposed joints, FC sheet cladding, paint finish, groove
          lines to concrete wall panels in selected paint finish to those walls on the north.
    13.   The canopy proposed to the front entrance of the Masters building shall be in
          accordance with the Approved Plans, and remain exposed and open as a roof on
          columns.
    14.   The electrical transformer shall be located to the rear of the building, as indicated on
          the approved plans as ‘Transformer Option 1’.
    Signage
    15.   Any advertising sign or device is to comply with Council's policies on advertising,
          alternatively, an application for Operational Works (Signage) is required for any
          signage in excess of this requirement.
    16.   No signage is to be located along the northern elevation of the building facing Eenie
          Creek Road.
    Fencing
    17.   Deleted.

                                                                                   Page 17 of 34

Section 18

ORDINARY MEETING AGENDA                                                             26 JUNE 2014


    Waste Management
    18.   Refuse storage, removal and collection facilities must be provided in accordance with
          the following:
          (a)   The provision of separate waste bins for general and recyclable waste must be
                provided.
          (b)   The provision of hardstand impervious area for the permanent storage location
                of separate waste bins for general and recyclable waste; and
          (c)   The provision of a purpose built enclosure to the bin store to provide visual and
                aesthetic screening from streets and pedestrian pathways.
          (d)   The provision of a roofed wash-down area/s for the purpose of waste bin
                cleaning for all general and recyclable waste bins and fitted with a hose-cock
                and a drain connected to the sewer.
    19.   The development site must provide for the entry and exit of waste vehicles from the
          site in a forward direction and the means, without difficulty to align the vehicle with
          any waste container (includes waste compactor equipment) and enable waste
          collection at any time scheduled for collection. The means to full-fill this requirement,
          details must be provided as part of the application for Operational Works approval
          and must include in particular:
          (a)   Demonstration that all waste vehicles entering the site can appropriately
                manoeuvre on-site in accordance with the above and can readily align the
                collection vehicle with the waste containers, stored within a temporary on-site
                storage position to enable waste collection. *(Refer to Advisory Note)
    LANDSCAPING
    Landscaping Works
    20.   The development site must be landscaped generally in accordance with the
          Landscape Master Plan No. LC-02 Issue D dated 26/5/14, except where amended by
          these conditions. The works must be undertaken in accordance with an Operational
          Works approval and The Noosa Plan Planning Scheme Policy 3 Landscaping Plants
          and Guidelines and must include in particular:
          Road frontages and covenant areas
          (a)   Landscaping treatments to all road frontages to provide screening of the
                development.
          (b)   Restoration and replanting of all covenant areas and the northern road reserve
                area adjacent to Eenie Creek Road to provide a visual buffer to the
                development, including understorey, mid-story and canopy species in
                accordance with a restoration plan submitted for operational works approval.
                (i)   vegetated screening of northern and eastern boundaries of the site
                      designed such that 75% of the bulk of the building, including roof form will
                      be screened within 5 years.
          (c)   vegetated screening of any electrical transformers, pumps bin storage areas or
                ancillary mechanical plant equipment from the car park and road frontages.
          Car park area
          (d)   Provision of 100 litre shade trees of local native species to every 6 car parks.
          (e)   Deleted.
          (f)   Provision of dense understorey planting to car park shade tree mulched beds.



                                                                                    Page 18 of 34

Section 19

ORDINARY MEETING AGENDA                                                            26 JUNE 2014


          (g)   Provision of permanent pedestrian cross over strips (i.e. pavement, pavers) to
                car park shade tree beds to facilitate pedestrian movement, in order to prevent
                mulch compaction in beds.
          (h)   Provision of root barriers to all car park shade trees adjacent to any storm water
                treatment devices to prevent tree root infiltration of storm water media or pipes.
          (i)   Provision of 12 x 100 litre local native species in the garden beds on the
                southern side of the pedestrian shared zone aisle.
          (j)   removal of all weeds species listed in the following standards and legislation:
                (i)     declared plants under the Land Protection (Pest and Stock Route
                        Management) Act 2002 and sub-ordinate Regulation 2003
                (ii)    Undesirable species as listed in Planning Scheme Policy 3 Landscaping
                        Plants and Guidelines *(Refer to Advisory Note)
    21.   All landscape works must be established and maintained in accordance with
          horticultural best practice with construction techniques and irrigation that allow for
          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.
    22.   All landscape works must be maintained generally in accordance with the approved
          design for the life of the development.
    Treatment of Temporarily Vacant Land
    23.   Where some or all of the land remains vacant or undeveloped for more than 3
          months, following the commencement of Stage 1, the following works must to be
          carried out:
          (a)   the site must be graded (to the same level as the adjoining footpath wherever
                practicable) and turfed.
          (b)   the site must be landscaped with perimeter planting consisting of advanced
                specimens of fast growing tree species.
          (c)   drainage must be provided to prevent ponding.
          (d)   the site must be maintained so there is no sediment run-off onto adjacent
                premises, roads or footpaths.
          (e)   the site must be maintained to ensure no nuisance to adjacent premises, roads
                or footpaths.
          (f)   where fencing is installed to secure boundaries:
                (i)     the fencing must be durable and not capable of being pushed or blown
                        over.
                (ii)    the fencing type must not detract from local amenity (barbed wire is not
                        acceptable).
                (iii)   vandalism must be promptly repaired and any graffiti removed.
    Retention of Existing Trees
    24.   Existing trees in the covenant area and in the road verge must be retained in
          accordance with an Arborist Report submitted for operational works for the
          development prepared by a qualified person and referenced in a Development Permit
          for Operational Works.




                                                                                   Page 19 of 34

Section 20

ORDINARY MEETING AGENDA                                                             26 JUNE 2014


    FAUNA MANAGEMENT
    Fauna Management Plan
    25.   Prior to the commencement of any works over the subject land, a detailed Fauna
          Management Plan (FMP) must be lodged and approved by council delegate.
    26.   The FMP must include the following information:
          (a)   Staging of the clearing,
                (i)     areas to be cleared.
                (ii)    proposed dates for clearing.
                (iii)   if fauna spotter presence is needed in each and every stage.
          (b)   The Fauna Spotter is to:
                (i)     Provide a copy of the QPWS Rehabilitation Permit of the fauna spotter
                        catcher.
                (ii)    An assessment of the fauna likely to be impacted,
                (iii)   Ensure the clearing is conducting in a lawful manner.
                (iv)    Contact details of the nearest wildlife animal specialist veterinarian or
                        other appropriate party to humanely deal with injured wildlife.
                (v)     Provide comment on the clearing with relation to the provision contained
                        within SEQ Koala Conservation State Planning Regulatory provisions
                        Table 7 , column 2, parts 4 -7.
    Clearing of Vegetation
    27.   Prior to the commencement of any works over the subject land, a Vegetation
          Management Plan must be lodged with any operational works permit application. The
          plan must document the following items:
          (a)   Vegetation removal, tree felling and lopping must be undertaken in an
                environmentally sensitive manner that avoids damaging surrounding
                vegetation, trees and habitat.
          (b)   Cleared vegetation is to be suitably processed by one of the following methods
                and removed from the site:-
                (i)     Processing through a woodchipper or shredder. The resulting mulch is to
                        be stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5
                        metres high with a minimum of 10 metres between edges of heaps.
                (ii)    Disposal for firewood.
                (iii)   Disposal for landscaping purposes
                (iv)    Transport to alternative site for breaking down materials provided that all
                        necessary permits have been obtained to allow the alternate site to be
                        used for this purpose
                (v)     Re-use for construction materials
                (vi)    Environmental weed species (camphor laurel, lantana) cleared from the
                        site shall not be mulched, with the material to be removed from the site
                        and disposed of in a Council approved refuse tip.
                (vii) Disposal of cleared vegetation by burning or burying is not permitted.




                                                                                    Page 20 of 34

Section 21

ORDINARY MEETING AGENDA                                                           26 JUNE 2014


    CIVIL ENGINEERING UNIT
    Easements
    28.   Prior to the commencement of use, a 9 metre wide easement for access purposes
          must be registered against the title of Lot 1 SP222982 in favour of Lot 2 SP222982
          over the land area along the southern boundary of Lot 1 SP222982.
    Site Access and Driveways
    29.   A sealed access driveway must be provided from Hofmann Drive and the Eenie
          Creek Road service road to all parking and manoeuvring areas of the development.
          The works must be undertaken in accordance with an Operational Works approval.
    Parking
    30.   A minimum of 246 car parking and 4 motorcycle spaces must be provided and
          marked within stage 1, 34 car parking and 2 motorcycle spaces must be provided and
          marked within stage 2. The works must be undertaken in accordance with an
          Operational Works approval.
    31.   Motorcycle parking is to be provided in a location close to the entrance of the
          buildings.
    32.   All car parking areas and access driveways must be maintained exclusively for
          vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
    Service Vehicles
    33.   Service vehicle parking, manoeuvring and standing spaces must be provided on the
          site. The works must be undertaken in accordance with an Operational Works
          approval.
    Pedestrian and Bicycle Facilities
    34.   Pedestrian and bicycle facilities must be provided for the development. The works
          must be undertaken in accordance with an Operational Works approval and must
          include in particular:
          (a)   a 2.5 metre wide footpath within the Hofmann Road verge extending from the
                existing footpath adjacent to the roundabout at the entrance to the site to the
                existing footpath adjacent to the next roundabout to the northeast.
          (b)   pedestrian pathways extending through the middle of the carpark generally in
                accordance with the approved plans.
          (c)   adequate separation of all specific pedestrian routes from vehicle access and
                manoeuvring areas, and clear demarcation by pavement marking, signposts or
                changes in surface materials or levels.
          (d)   signage and lighting at strategic locations to direct people to building entries
                and toilet facilities.
          (e)   pedestrian refuge areas at strategic locations within the carpark to ensure safe
                and convenient congregating of pedestrians waiting to cross major access
                driveways
          (f)   a total of 30 bicycle parking spaces for stage 1, and 10 bicycle parking spaces
                for stage 2, which are to be located close to the entrance of the building.
          (g)   end of trip facilities involving 15 lockers, 2 showers and change rooms for stage
                1, and 5 lockers, 1 shower and change rooms for stage 2.




                                                                                  Page 21 of 34

Section 22

ORDINARY MEETING AGENDA                                                             26 JUNE 2014


    HYDRAULICS & WATER QUALITY
    Stormwater Drainage
    35.   The site must be provided with a stormwater drainage system connecting to a lawful
          point of discharge. The works must be undertaken in accordance with an Operational
          Works approval and QUDM, and must include in particular:
          (a)   the works described in section 3 and 5 of the Site Based Stormwater
                Management Report listed in this Decision Notice.
          (b)   collection and discharge* of stormwater to Hoffman Drive.
          (c)   extension of the site stormwater system to accommodate stormwater from the
                external catchment as nominated and shown in section 4 of the site based
                stormwater management report.
          (d)   Design calculations and comments outlining how external stormwater flows will
                be managed through the site from the external upstream catchment as
                proposed in section 4 of the site based stormwater management plan. Any final
                design must include:
                (i)     a site based drainage system which accepts and conveys existing minor
                        flows from Eenie Creek Road, Commerce Court and existing industrial
                        development to the west. Detailed design calculations must be submitted
                        with a concurrent operational works application which demonstrates no
                        additional afflux on upstream private and public land.
                (ii)    a site based drainage system which accepts and conveys external
                        upstream major flows up to and including the 1% AEP flood event,
                        without increasing afflux to existing upstream private and public land.
                (iii)   analytical justification that demonstrates design flows can enter any
                        proposed underground drainage system under appropriate blockage
                        conditions.
                (iv)    potential effects of flows in excess of the design flow including the
                        consequences of the Probable Maximum Flood.
                (v)     allowances made in the design for debris blockages of the inlet.
                (vi)    potential effects of debris blockages in excess of that allowed for in the
                        design.
                (vii) an easement for drainage purposes to be registered against the title of
                      the property in favour of Council over the land and drainage system which
                      conveys external flows through the site. The easement must be granted
                      at no cost to council.
          (e)   the use of gravity stormwater drainage and not surcharge pits.
           *(Refer to Advisory Note)
    Stormwater Quality Management
    36.   A stormwater quality treatment system must be provided for the development. The
          works must be undertaken in accordance with an Operational Works approval and
          the latest version of the Water Sensitive Urban Design Technical Design Guidelines
          for South East Queensland, and must include in particular:
          (a)   stormwater quality treatment devices of a size and location generally in
                accordance with those shown in section 5 of the of the Site Based Stormwater
                Management Plan listed in this Decision Notice.




                                                                                    Page 22 of 34

Section 23

ORDINARY MEETING AGENDA                                                             26 JUNE 2014


          (b)   bioretention devices which:
                (i)     are designed generally in accordance with IPWEQA Standard Drawing
                        No. WSUD-001.
                (ii)    incorporate a coarse sediment forebay (in addition to the required filter
                        media surface area), which is sized in accordance with the latest version
                        of the Water Sensitive Urban Design Technical Design Guidelines for
                        South East Queensland and designed generally in accordance with
                        IPWEQA Standard Drawing No. WSUD-005.
                (iii)   have safe, unobstructed and all weather access from the road frontage
                        for maintenance purposes, particularly for the coarse sediment forebay.
                (iv)    are provided with a high flow bypass to ensure that flows which exceed
                        the treatment capacity of the device are bypassed in order to avoid
                        damaging of the filter media or subjecting the filter media to excessive
                        sediment loads.
                (v)     are provided with a free-draining outlet from the sub-soil drainage system.
                (vi)    treat stormwater from all developed catchments (including roof and
                        carpark catchments) prior to discharge.
    37.   Permanent educational signage must be erected to educate the customers to the
          development about the function of the bioretention device(s). The dimensions,
          standard, presentation and location of the educational signage must be in
          accordance with an Operational Works approval. *(Refer to Advisory Note)
    Vegetated Devices
    38.   All stormwater quality treatment devices must be maintained in accordance with the
          Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The
          approved Operational Works drawings for the stormwater quality treatment system
          and detailed life cycle costing of the system must be attached as an addendum to this
          document. Records of all maintenance activities undertaken must be kept and made
          available to Council upon request.
    Rainwater Harvesting
    39.   Operating rainwater collection tanks must be provided for the development. The
          tanks must be provided in accordance with an Operational Works approval and must
          include in particular:
          (a)   the details identified in section 5 of the Site Based Stormwater Quality
                Management Plan listed in this Decision Notice
          (b)   a total tank capacity of 50 000 litres
          (c)   Deleted.
          (d)   re-use of harvested rainwater for internal non-potable uses and outdoor uses.
    40.   Certification must be submitted to Council from a qualified person* which certifies that
          the rainwater collection tank and associated reticulation have been installed in
          accordance with the requirements of this Decision Notice. *(Refer to Advisory Note)
    Easements
    41.   Unless otherwise agreed in writing by the relevant service provider, any public or third
          party infrastructure located on the subject site must be placed within an easement
          registered against the title of the property. All easements must be designed in
          accordance with the planning scheme and granted at no cost to the Grantee. Where
          the Grantee is Council or a service authority, the easement documentation must be in
          accordance with the Grantee’s standard easement terms.

                                                                                    Page 23 of 34

Section 24

ORDINARY MEETING AGENDA                                                           26 JUNE 2014


    42.   Draft easement documentation must be submitted to Council for endorsement.
    43.   All works must be kept clear of any existing or proposed easements on the subject
          land, unless agreed otherwise in writing by the Grantee.
    Earthworks and Retaining Walls
    44.   All fill and associated batters must be must be undertaken in accordance with an
          Operational Works approval, and contained entirely within the subject site unless
          written permission from the respective landowner(s) is provided to Council.
    Damage to Services and Assets
    45.   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.
    UNITYWATER
    Water and Sewerage
    46.   The fire-fighting demand on Unitywater’s water supply system from the development
          must not exceed 30 litres per second.
    47.   A single Unitywater installed primary water meter must be provided immediately
          inside the property boundary. Additional water meters must be installed for each title
          of a community title or sub-lease scheme. Meters must be Unitywater approved,
          installed in accordance with Unitywater standards and requirements and remain
          accessible at all times for reading and maintenance purposes.
    48.   Water meters must be located on alternative boundaries to electrical pillars.
    49.   Buildings and other structures must maintain a minimum clearance of 1.5 metres
          from Unitywater sewer mains, and 1.0 metre from sewer manhole chambers and
          inspection openings.
    50.   The applicant must adjust the level of the existing sewerage inspection opening as
          necessary to suit the proposed finished levels. Work must be undertaken by
          Unitywater at the owner’s cost. Where the existing sewerage inspection opening point
          is located within a sealed or concreted area, a brass cap is required to be fitted.
    51.   Storm water retention systems and gross pollutant traps must maintain a minimum
          clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure.
    52.   Redundant sewer pipes within the development site must be removed or slurry filled.
    53.   Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from
          Unitywater water mains and 1.5 metres from Unitywater sewerage mains.
          Landscaping plants within these clearances must be low growing when mature and
          suitable approved varieties.
    54.   Construction works undertaken in the vicinity of Unitywater water supply or sewerage
          infrastructure must not adversely affect the integrity of the infrastructure. All costs
          associated with repair, replacement or alteration of infrastructure must be met by the
          applicant.



                                                                                  Page 24 of 34

Section 25

ORDINARY MEETING AGENDA                                                            26 JUNE 2014


    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.” It 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.
    Unitywater
    3.   Connection to Unitywater live water mains must be undertaken by Unitywater at the
         applicants cost.
    4.   A Trade Waste permit is required prior to any stormwater, groundwater or sump
         pump discharge into Unitywater’s sewerage system.
    5.   The rising main crossing the north eastern corner of the site is no longer in use. No
         diversion is required. Pipework may exist in the ground and will need to be removed
         or slurry filled. A redundant gravity sewer pipe may be located within the southern
         portion of the site requiring removal or slurry filling.
    ENGINEERING
    Footpath Connectivity
    6.   It is advised to enter into discussions with the owner of the Noosa Civic (Lot 3
         SP246584), so as to complete a small portion of footpath adjacent to the office
         buildings within the western portion of their site adjoining the small roundabout along
         Hoffman Drive. This small section of unfinished pathway within private property, will
         provide connectivity to both the Noosa Civic Shopping Centre and the proposed
         development.




                                                                                   Page 25 of 34

Section 26

ORDINARY MEETING AGENDA                                                          26 JUNE 2014


    Building and Construction Industry (Portable Long Service Leave) Levy
    7.   From 1 January 2000, the Building and Construction Industry (Portable Long Service
         Leave) Levy must be paid prior to the issue of a development permit where one is
         required for the 'Building and Construction Industry'. This applies to Building Works,
         Operational Works and Plumbing and Drainage Works applications, as defined under
         the Sustainable Planning Act 2009, where the works are $80,000 or more and
         matching the definition of 'Building and Construction Industry' under the Building and
         Construction Industry (Portable Long Service Leave) Act 1991. Council will not be
         able to issue a Decision Notice without receipt of details that the Levy has been paid.
         Should you require clarification in regard to the amendments to the Building and
         Construction Industry (Portable Long Service Leave) Act 1991, you should contact
         QLeave on 1800 803 481 (free call) or (07) 3212 6855.
    Co-ordination of Operational Works Assessment
    8.   To assist Council to undertake an integrated assessment of the operational works
         application, all aspects of the works must be included in one (1) application and be in
         accordance with Council’s planning scheme. Additional application fees apply to
         applications where the different aspects of the works are lodged separately.
         Significant savings in application fees will result if all works are lodged in a single
         application.
    Preparation of a Preliminary Construction Management Plan
    9.   The works identified in this Decision Notice will be required to be carried out in
         accordance with a Construction Management Plan endorsed by Council through an
         approval for Operational Works.       To ensure expedient assessment of any
         Operational Works application, the applicant is advised to submit a preliminary
         Construction Management Plan that addresses the requirements of the planning
         scheme. In particular, the preliminary Construction Management Plan should
         address the following:
         (a)   traffic management during all aspects of the construction phase including:
               (i)     a Traffic Management Control Plan in accordance with the Manual of
                       Uniform Traffic Control Devices (MUTCD) detailing all temporary signage
                       and traffic control measures prior to construction
               (ii)    maintenance of safe pedestrian access across the frontage of the site
                       both during daily construction and after daily construction has ceased
               (iii)   proposed fencing to the site during the construction phase of the
                       development
               (iv)    approval of the Traffic Management Control Plan by the Department of
                       Main Roads (DMR) for any works on State controlled roads
         (b)   maintenance and protection of water quality and existing drainage lines through
               the construction site, through the implementation of appropriate erosion and
               sediment control measures
         (c)   works programme identifying key components of the works and their respective
               durations
         (d)   establishment of a communication protocol with the general public, adjoining
               owners, emergency services and local businesses to advise of agreed
               construction times, impacts on traffic and services and other relevant issues
         (e)   identification of complaint management procedures including:
               (i)     contact details for the on-site manager
               (ii)    dispute resolution procedures

                                                                                 Page 26 of 34

Section 27

ORDINARY MEETING AGENDA                                                            26 JUNE 2014


          (f)   details on the location of external fill sites/sources, the haulage route, type of
                vehicle to be utilised during filling operations and frequency of usage. NB any
                damage to the existing road system as a result of haulage operations shall be
                fully repaired at the applicant’s expense
          (g)   it is acknowledged that the Construction Management Plan will be a draft
                document requiring finalisation upon appointment of the Principal Contractor
                employed to construct the works and a final document will be required to be
                submitted at the Pre-Start Meeting for the project.
    HYDRAULICS AND WATER QUALITY
    Qualified Person
    10.   For the purpose of certifying that the design of the rainwater harvesting system is in
          accordance with the requirements of this decision notice, a qualified person is
          considered to be a Registered Professional Engineer of Queensland (RPEQ), builder
          or plumber.
    Lawful Point of Discharge
    11.   The applicant is advised that a lawful point of discharge for the development will need
          to be determined and demonstrated as part of a detailed design solution included
          with the Operational Works application.
    Bioretention Basin Educational Signage
    12.   Suggested wording for the permanent educational signage required by this Decision
          Notice is as follows:
          “BIORETENTION BASIN - This bioretention basin reduces the pollution of our
          waterways by reducing the amount of heavy metals, litter, suspended solids, and
          nutrients discharged to (insert name of receiving waters)”.
    Waste Management Operational Phase
    13.   For the purpose of demonstrating compliance with the waste management condition,
          the applicant is requested to contact Council’s Waste Management Branch. The
          respective waste collection vehicles (i.e. for collection of 240l wheelie bins, 1100l and
          greater bulk bins) and their dimensions will be provided upon standard drawings
          when requested.
          Note: Council’s Waste Contract does not include the supply of waste compactor
          equipment. Only the service of a compactor is provided under the contract by
          Council. Subsequently the applicant must ensure that any compactor intended for
          use by the development can be serviced utilising the Contractor provided Waste
          Compactor Servicing Vehicle.


4   CONTRIBUTION IN LIEU OF THE PROVISION OF OFF-STREET PARKING
    Item not dealt with by the Planning & Organisation Committee.                Referred to the
    General Committee for consideration.


5   COASTAL HAZARD MAPPING
    That Council note the report by the Senior Strategic Planner to the Planning & Organisation
    Committee Meeting dated 17 June 2014 regarding the State Government’s coastal hazards
    mapping and Local Government Association of Queensland’s legal advice on coastal
    hazards and Council liability issues.



                                                                                    Page 27 of 34

Section 28

ORDINARY MEETING AGENDA                                                          26 JUNE 2014


6    LAKE MACDONALD RECREATION MANAGEMENT DISCUSSION PAPER
     That Council note the report by the Senior Strategic Planner to the Planning & Organisation
     Committee Meeting dated 17 June 2014 and authorise the Chief Executive Officer to
     respond to the Seqwater Lake Macdonald Recreation Management Discussion Paper
     dated April 2014 in accordance with the issues identified in the report by the Senior
     Strategic Planner.


7    ASSESSMENT OF EXPRESSIONS OF INTEREST FOR COMMERCIAL HIGH USE
     PERMITS (1314E012)
     Item not dealt with by the Planning & Organisation Committee. Referred to General
     Committee for consideration.



8    FINANCIAL PERFORMANCE - MAY 2014
     That Council note the report by the Manager Financial Services to the Planning &
     Organisation Committee Meeting dated 17 June 2014.


9    NOOSA BIOSPHERE LTD - APPOINTMENT OF MEMBER REPRESENTATIVE
     That Council note the report by the Executive Officer to the Planning & Organisation
     Committee Meeting dated 17th June 2014 and nominate the Chief Executive Officer as the
     representative of Council to exercise all or any of the powers the Council may exercise,
     being the sole member of the Noosa Biosphere Ltd Company.


10   AMENDMENT TO COUNCILLORS' EXPENSES REIMBURSEMENT POLICY
     That Council note the report by the Administration Officer Executive to the Planning &
     Organisation Committee Meeting dated 17 June 2014 and repeal the existing Councillors’
     Expenses Reimbursement Policy and adopt the amended Councillors’ Expenses
     Reimbursement Policy as shown at Attachment 1 to the report.




Recommendation

The Planning & Organisation Committee recommendations dated 17 June, 2014 be adopted
except where dealt with or held over by separate resolution.




                                                                                 Page 28 of 34

Section 29

ORDINARY MEETING AGENDA                                                                    26 JUNE 2014


GENERAL COMMITTEE RECOMMENDATIONS

23 JUNE 2014 - Crs Tony Wellington (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Noel Playford, Frank Wilkie



1   CONTRIBUTION IN LIEU OF THE PROVISION OF OFF STREET PARKING - FURTHER
    REPORT
    That Council note the report by the Senior Strategic Planner to the General Committee
    Meeting dated 23 June 2014 and request Strategic Land Use Planning to prepare a
    detailed report addressing the feasibility of accepting contributions in lieu of the provision of
    off-street parking within each locality and, in the interim, not generally accept monetary
    contributions in lieu of the provision of off-street parking.



2   2014/2015 COMMUNITY GRANTS FIRST ROUND RECOMMENDATIONS
    Cr Jurisevic declared a perceived conflict of interest in this matter (as defined in section 173 of the
    local government Act 2009) due to his position as Club Registrar of the Noosa Dolphins Rugby
    Union Club. Cr Jurisevic believed he could consider this item impartially and in the public interest
    and therefore remained in the meeting room for the debate.
    Cr Playford declared a perceived conflict of interest in this matter (as defined in section 173 of the
    local government Act 2009) due to his membership of the Cooroora Historical Society Inc. Cr
    Playford believed he could consider this item impartially and in the public interest and therefore
    remained in the meeting room for the debate.
    Cr Wellington declared a perceived conflict of interest in this matter (as defined in section 173 of the
    local government Act 2009) due to his ex officio membership of the Cooroy Lower Mill Board. Cr
    Wellington believed he could consider this item impartially and in the public interest and therefore
    remained in the meeting room for the debate.
    That Council note the report by the Community Development Coordinator, to the General
    Committee dated 23 June 2014 and approve the first round of Community Grants
    recommendations for the financial year 2014/15 as set out in Attachment 1 to the report.

    Crs. Jurisevic, Playford and Wellington voted in favour of the recommendation.



3   ASSESSMENT OF EXPRESSIONS OF INTEREST FOR COMMERCIAL HIGH USE
    PERMITS 1314EOI2
    Cr Pardon declared a material personal interest in this matter (as defined in section 172 of the Local
    Government Act 2009) due to his fiance working for one of the applicants. Cr Pardon left the
    meeting room for discussion on this matter.
    That Council note the report by the Property and Facilities Manager to the Planning &
    Organisation Committee Meeting dated 17 June 2014 and note that a further report on the
    matter will be presented to the Ordinary Meeting on 26 June 2014.:
    A.    Issue 9 x 3 year permits to the following recommended permit holders:
            Activity                                              Recommended Permit Holder
            Learn to Surf – Main Beach 1                          Noosa Learn to Surf (No change)
            Learn to Surf – Main Beach 2                          Go Ride a Wave (No change)
            Kayak Hire & Tours – Main Beach                       Noosa Ocean Kayak Tours and Hire (No
                                                                  change)
            Beach Equipment Hire – Main Beach                     Dorajar Pty Ltd



                                                                                           Page 29 of 34

Section 30

ORDINARY MEETING AGENDA                                                              26 JUNE 2014


            Beach Equipment Hire – Between Rockwalls        Noosa Beach Hire (No change)
            Snacks and Drinks Refreshment Noosa Spit        Spit Beach Snacks (No change)

            Beach Massage – Main Beach                      Lynette Shannon (No change)

            Surf Dancing – between rockwalls                Surfdancer (No change)

            Kite Surfing Lessons – Noosa Rivermouth         Adventure Sports   Kitesurf Australia    (No
                                                            change)
     B.    Not issue a catamaran hire permit due to the submission of a response which did not
           satisfactorily address the evaluation criteria;
     C.    Note that the assessment panel did not consider Tropicsurf for permits due to
           breaches of the EOI Process Terms document; and
     D.    Rescind the Lions Park as a location for Commercial High Use permits.

     Cr Pardon rejoined the meeting.



4    REPRESENTATIONS IN RELATION TO DEVELOPMENT APPLICATION MCU13/0069
     SITUATED AT SOUND PARK, 90 NOOSA PARADE, NOOSA HEADS
     That Council agree in part to the representations submitted in relation to application
     MCU13/0069, situated at Sound Park described as Lot 32 N 21854 situated at 90 Noosa
     Parade, Noosa Heads, and issue a Negotiated Decision Notice in accordance with the
     following:
     A.    Approve a change to condition 9 to read as follows:
           9.    The approved use must not operate outside the hours of:
                  (a)   7am to 10pm Sunday to Thursday
                        (i)   except during the Christmas, Easter and September school holidays
                              where the use may operate from 7am to 10.30 pm Sunday to
                              Thursday. The dates for these holidays must be in accordance with
                              the Department of Education, Training and Employment (Education
                              Queensland) - School holidays for Queensland state schools.
                 (b)    7am to 12 midnight, Friday and Saturdayseven days per week.
           The requirements of this condition must be included in any lease agreement for the
           outdoor dining areas.
     B.    Agree to delete condition 10.




Recommendation

The General Committee recommendations dated 23 June, 2014 be adopted except where dealt
with or held over by separate resolution.




                                                                                     Page 30 of 34

Section 31

ORDINARY MEETING AGENDA                                                             26 JUNE 2014


6    ORDINARY MEETING REPORTS

1.   ASSESSMENT OF EXPRESSIONS OF INTEREST FOR COMMERCIAL HIGH USE
     PERMITS (1313E012) – FURTHER REPORT

Author              Property and Facilities Manager, Clint Irwin
                    Corporate Services Department

Index               Subject: Property Management/Commercial Activities

Attachments         Nil



EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Property and Facilities Manager to the Planning &
Organisation Committee dated 17 June 2014 and the Further Report to the Ordinary Meeting
dated 26 June 2014 and:
A.   Issue 9 x 3 year permits to the following recommended permit holders:
         Activity                                            Recommended Permit Holder
         Learn to Surf – Main Beach 1                       Noosa Learn to Surf (No change)
         Learn to Surf – Main Beach 2                                       Go Ride a Wave
                                                                               (No change)
         Kayak Hire & Tours – Main Beach                  Noosa Ocean Kayak Tours and Hire
                                                                              (No change)
         Beach Equipment Hire – Main Beach                                    Dorajar Pty Ltd
         Beach Equipment Hire – Between Rockwalls                          Noosa Beach Hire
                                                                                (No change)
         Snacks and Drinks Refreshment Noosa Spit                         Spit Beach Snacks
                                                                                (No change)
         Beach Massage – Main Beach                                         Lynette Shannon
                                                                                (No change)
         Surf Dancing – between rockwalls                                        Surfdancer
                                                                                (No change)
         Kite Surfing Lessons – Noosa Rivermouth          Adventure Sports Kitesurf Australia
                                                                                (No change)

B.   Not issue a catamaran hire permit due to the submission of a response which did not
     satisfactorily address the evaluation criteria;
C.   Exclude Tropicsurf for all permits on the basis of canvassing as noted in the report by the
     Property and Facilities Manager to the Planning & Organisation Committee Meeting dated
     17 June 2014; and
D.   Rescind the Lions Park as a location for Commercial High Use Permits.




                                                                                    Page 31 of 34

Section 32

ORDINARY MEETING AGENDA                                                            26 JUNE 2014


REPORT
At the General Committee Meeting on 23 June 2014, the CEO provided a verbal update to
Councillors on the results of a review of the EOI process. At that meeting it was noted that a
further report would be presented to the Ordinary Meeting on 26 June 2014.

The purpose of this additional report is to present the findings of the evaluation of Tropicsurf’s
applications for Learn to Surf 1 and Learn to Surf 2 located on Noosa Main Beach and the Stand
Up Paddleboard activity located at the Lions Park.

The Evaluation Panel met on 23 June 2014 after the General Committee Meeting and the
findings of the evaluation processes in summary are:

1.   Learn to Surf 1 – Tropicsurf scored third behind the recommended permit holder out of a
     total of four respondents;
2.   Learn to Surf 2 – Tropicsurf scored second behind the recommended permit holder out of a
     total of four respondents;
3.   Stand Up Paddleboard – Tropicsurf was scored and was the only applicant for this activity.

As a result of the evaluation processes there is no impact on the original permit holder
recommendations to the Planning & Organisation Committee Meeting dated 17 June 2014.

With respect to the Stand Up Paddleboard activity as noted in the report to the Planning &
Organisation Committee Meeting dated 17 June 2014, there are two available options to Council,
which include:

1.   Reoffer the permit by EOI to the open market.

2.   Not offer the permit due to the following:
     (a) There are four identical established businesses offering Stand Up Paddleboard
           lessons on the lower Noosa River, the closest being 150 metres away.
     (b) There has been a lack of interest shown by alternative respondents to the EOI, i.e.
           one applicant unlike activities such as Learn to Surf and Beach Equipment Hire.
     (c) The Policy states that Council reserves the right at its absolute discretion not to offer
           any permit having given sufficient consideration to the application on the community
           amenity and commercial businesses.
     (d) The area is highly utilised by the community for recreation purposes and at times is
           used for major events throughout the year.


Previous Council Consideration

Reference: Ordinary Meeting, 1 May 2014:

“That Council note the report by Coordinator Property and Land Management to the General
Committee Meeting dated 28 April 2014 and:
A.   Repeal the Commercial Use of Community Land Policy that transferred to the Noosa
     Council from the Sunshine Coast Regional Council under the Local Government (De-
     amalgamation Implementation) Regulation; and
B.   Approve the Commercial Use of Community Land Policy as attached to the report by
     Coordinator Property and Land Management to the General Committee Meeting dated 28
     April 2014 with dot point 5, under the heading “Guiding Principles”, to be amended to read
     – “A permit holder may only be granted a maximum of two permits from the range available
     to reduce the likelihood of a monopolistic permit environment while providing the
     opportunity for added local employment”.


                                                                                   Page 32 of 34

Section 33

ORDINARY MEETING AGENDA                                                            26 JUNE 2014


Reference, General Committee Meeting, 23 June 2014:

“That Council note the report by the Property and Facilities Manager to the Planning &
Organisation Committee Meeting dated 17 June 2014 and note that a further report on the matter
will be presented to the Ordinary Meeting on 26 June 2014.”


Finance & Risk

The costs that will be incurred in the administration of these permits are accommodated in
Council’s operational budget (predominately as labour costs) within the Corporate Services
Department.

Commercial High Use Permits including the EOI process are a high profile part of Council’s land
management. The activity locations are highly desirable community land parcels which are
extremely well patronised by tourists and locals and the activities have the potential to conflict
with commercial businesses with higher overheads operating similar services. The decision not
to award permits due to respondent conduct which conflicts with the EOI Process Terms is an
important consideration for Council.

The risk of issuing a permit when Council is aware of a breach to the EOI process may risk
Council’s reputation and public image. Commercial High Use Permits are highly competitive and
subject to complaints, driven by existing permit holders and other competitors trying to enter the
market.

History shows that competitors have taken complaints to the CMC and Ombudsman for
investigation regarding the transparency and rigour of the permit process.

Consultation

External Consultation - Community & Stakeholder

Nil.

Internal Consultation

      Director Corporate Services
      Manager Community Facilities
      Procurement Officer
      Governance Project officer

Departments/Sections Consulted:

X      Community Services                         Planning & Infrastructure
       Disaster Management & Public Order         Building & Plumbing Services
       Waste & Environmental Health               DA Planning
       Community Facilities                       Strategic Land Use Planning
       Cultural Facilities                        Asset Design & Investigations
                                                  Asset Planning
                                                  Civil Operations
                                                  Environment

X      Executive Office                       X   Corporate Services
       Community Engagement                       Finance
       Customer Service                           ICT
       Executive Support                          Procurement & Fleet
       Governance                                 Property & Facilities
       Human Resources                            Revenue Services



                                                                                   Page 33 of 34

Section 34

ORDINARY MEETING AGENDA                                                 26 JUNE 2014


7    PETITIONS




8    CLOSED SESSION

     Nil.




9    NEXT MEETING

     The next Ordinary Meeting will be held on 31 July, 2014 in the Council Chambers,
     9 Pelican Street, Tewantin commencing at 6pm.




10   MEETING CLOSURE




                                                                        Page 34 of 34

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