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2016-08-09 Planning & Environment Committee Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 9 August 2016
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell, Tony Wellington
“Engagement with our community to protect and enhance our lifestyle”
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Full text of sections 2 to 72 (of 114)
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 PLANNING & ENVIRONMENT COURT APPEAL D88/16 FOR ENFORCEMENT
NOTICE ISSUED TO SHARPE ENTERPRISES PTY LTD TTE (MCU14/0049,
COM16/0040, OPW14/0276 & D88/16) 3
2 PLANNING & ENVIRONMENT COURT APPEAL 3126/2015 FOR A REQUEST TO
CHANGE CONDITIONS OF A DEVELOPMENT APPROVAL FOR A MIXED USE
DEVELOPMENT AT 90 GOODCHAP STREET, NOOSAVILLE 8
3 IMPACTS OF RECENT COURT OF APPEAL DECISIONS BRISBANE CITY
COUNCIL V GERHARDT & GERHARDT V QUEENSLAND BUILDING AND
CONSTRUCTION COMMISSION 21
4 COUNCIL MOTION FOR 120TH LGAQ ANNUAL CONFERENCE 26
5 MCU15/0086 - REPRESENTATIONS TO CONDITIONS - DEVELOPMENT
APPROVAL FOR MATERIAL CHANGE OF USE - ENTERTAINMENT & DINING
BUSINESS TYPE 1 - FOOD & BEVERAGES SITUATED AT 2 BOTTLEBRUSH
AVENUE, NOOSA HEADS 31
6 MCU16/0012 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR
RETAIL BUSINESS TYPE 2 - SUPERMARKET AT 5 GARNET STREET, COOROY 46
7 MCU15/0122 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF
USE FOR COMMERCIAL BUSINESS TYPE 2 MEDICAL CENTRE AND RETAIL
BUSINESS TYPE 2 SHOP & SALON AT 52, 54, 56 & 58 GOODCHAP STREET AND
3, 5 & 7 VAL CRESCENT NOOSAVILLE 76
CLOSED SESSION 114
8 PLANNING & ENVIRONMENT
COURT APPEAL D121/15 FOR MATERIAL CHANGE OF USE FOR A MIXED USE
DEVELOPMENT (SERVICE STATION, SHOP, FAST FOOD, CAR WASH, SELF
STORAGE FACILITY & TOURIST PARK) 125 MYALL STREET, COOROY 114
Page 2 of 119
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 PLANNING & ENVIRONMENT COURT APPEAL D88/16 FOR ENFORCEMENT NOTICE
ISSUED TO SHARPE ENTERPRISES PTY LTD TTE (MCU14/0049, COM16/0040,
OPW14/0276 & D88/16)
DOCUMENT INFORM AT ION
Author Manager, Planning & Environment, Kerri Coyle
Planning & Infrastructure Department
Index ECM/Applications/MCU14/0049, COM16/0040, OPW14/0276 & Case D88/16
Attachments 1. Approved Signage Plans
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager, Planning and Environment to the Planning &
Environment Committee Meeting dated 9 August 2016 regarding Planning & Environment Court
Appeal D88/16 and agree to defend the appeal.
REPORT
Background
In March 2014 a Material Change of Use (MCU14/0049) – Industrial Business Type 1 – Warehouse
(Self Storage Units) was lodged by Sharpe Enterprises Pty Ltd for On Guard Self Storage at 64-
66 Rene Street, Noosaville .The application sought approval for a Material Change of Use of
premises for an Industrial Business – Type 1 Warehouse for a self-storage facility to establish in
an existing building and within a proposed new building. The applicant also sought approval for
signage to the front of the buildings totalling approximately 24m2, (OPW14/0276) which exceeded
the as-of-right provisions of the Noosa Plan.
The matter was reported to Council in November 2014 wherein Council resolved to approve the
application in part for the self-storage facility but refuse the requested signage as the signage was
considered excessive and contrary to the Advertising Devices Code of The Noosa Plan. Council
also requested that the applicant remove all excess signage from the existing building and ensure
all signage complies with the acceptable solutions of the Advertising Devices Code. The
acceptable solutions of the Advertising Devices code requires that no single sign exceed 4m2 and
the total signage not exceed a combined sign face area of 10m2 for each premise.
In December 2014 the applicant lodged an appeal in the Planning and Environment Court against
Council’s refusal of the signage. In June 2015 Council agreed to settle the appeal with a
Development Permit for Operational Works issued and Condition 5 of the Development Permit for
Material Change of Use amended to read:
5. Signage on site shall not exceed the total signage area for each building as identified in the
Signage Schedules on Drawing OGSS-001-06 Revision P Elevations 1 & 2 and dated 24
May 2015 prepared by Steve McGregor Design Service.
The appeal was settled on the basis that the total combined signage for the existing building would
not exceed 12.53m2 and 9.23m2 for the new building given each building was considered a
premises and the site could be reasonably subdivided into 2 lots.
Attachment 1 refers to the approved signage plan.
Page 3 of 119
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Construction of the second building was completed in late 2015 and Council officers on inspection
identified that signage on both buildings was not complying with the Court Order Development
Permit.
(Original building with signage not complying with Court Order Appeal on the left hand side –not
reduced as per approved plans and flags installed)
(Original Building with Excessive signage on right hand side not reduced as per approved plans)
Page 4 of 119
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
(Newly erected building with signage)
(Additional Identification Signage installed following construction and officer inspection)
Page 5 of 119
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Council officers issued an Advisory Letter in January 2016 requesting that the signage be modified
to comply with the Court Approval as originally agreed to by the owner (Sharpe Enterprises). On
22 February 2016 Council issued a Show Cause Notice to the owner and operator. Following the
issue of the Show Cause Notice various correspondence was exchanged between Sharpe
Enterprises and Council officers. On 24 June 2016 Council officers issued Sharpe Enterprises with
an Enforcement Notice. The Enforcement Notice required Sharpe Enterprises to comply with
Sections 580 of the Sustainable Planning Act 2009 by:
1. Reduce the extent of signage on site to ensure that signage on site does not exceed the total
signage area for each building as identified in the signage schedules on Drawing No. OGSS-
001-06 Revision P Elevations 1 & 2 and dated 24 May 2015 prepared by Steve McGregor
Design Service and the approved plans of development
2. Remove the additional free standing sign erected on the site.
On 4 July 2016 Sharpe Enterprises Pty Ltd lodged an appeal against the Enforcement Notice in
the Planning and Environment Court at Maroochydore. The appeal seeks that the Enforcement
Notice be withdrawn and the as built signage be ordered as being compliant with the development
approvals for the site.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting, 15 January 2015, Item 8, Page 18
That Council note the report by the Manager, Planning & Environment to the General Committee
Meeting dated 12 January 2015 regarding Planning & Environment Court Appeal D194 of 2014
and agree to defend the appeal.
Finance & Risk
There will be some costs for Council involved in defending the appeal and it is premature to advise
on the appeal prospects at this stage.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes – Council’s solicitor for planning matters
Internal Consultation
Nil
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
Governance Infrastructure Planning & Design
Human Resources Planning & Environment
Sustainability Strategic Land Use Planning
Page 6 of 119
Section 7
Page 7 of 119
AWNING FASCIA: SELECT ALUM. FRAMED
SELECT HORIZONTAL PERMANENT ALUM. VENTED ik [FOR GUENT APPROVAL [24.11.14
COLORBOND ‘CUSTOM-ORB’ LOUVRES [| FOR CUNT ArPKOVAL}.12:14
WALL CLADDING FIXED IN ACCORDANCE WITH Hoe ENP APPRENAL eee
MANUFACTURERS SPECIFICATIONS EXISTING STAGE 1 STORAGE UNITS
ARCHITECTURAL FEATURE
® ©@ © FASCIA PANELS @
SELECT FC SHEET
= il To) Ty ill +—~ _ 4
| If
a Po || -- J ss (a2 TRE]
[| SELFSTORAGE | TJ g Ho ae SEL STORAGS eT
- IM SSS | | 2 | i eons
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| SS ee ee HI a |
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—— yt ft WM ESS === S555 = 555522 = SNM | —— — Design Service
BSA Lic. 891035
PEDESTRIAN ACCESS DOOR PERFORATED AUTO SIGNAGE SCHEDULE ©
ROLLER SHUTTERS WIDTH |HEIGHT 7REA Notes
ELEVATION 1 ITEM (mm) (mm) ary. (sqm) ALL DIMENSIONS TO BE
SIGNAGE SCHEDULE | 1 [| 7700 | 765 | [ 59 | VERIFIED ON-SITE BEFORE
WIDTH [HEIGHT AREA { 7100 165 | 1 | 5:9 ANY CONSTRUCTION WORKS
ITEM ary 3660 COMMENCE
(mm) | (mm) (sqm) Ps fasae [aso |_| oa |
ae Cs [awe [a3 |
| | | TOTAL| 12.53
: A3 ORIGINAL SIZE
ON GUARD SELF STORAGE
SELECT COLORBOND ‘CUSTOM-ORB’ SELECT COLORBOND ‘TRIM-DECK’ ROOF VENTS WITH FIXED LOUVRES AWNING FASCIA:
WALL SHEETING FIXED IN ROOF SHEETING, RIDGE & BARGE (1000 X 1000 SQ x 600H) SELECT HORIZONTAL
ACCORDANCE WITH CAPPING, GUTTERS & DOWNPIPES COLORBOND ‘CUSTOM-oRB’ [>
MANUFACTURERS SPECIFICATIONS FIXED IN ACCORDANCE WITH WALL CLADDING
MANUFACTURERS SPECIFICATIONS Lot 280 on.SP104321
Ue | 64-66 RENE STREET
on ooo ae a NOOSAVILLE QLD 4566
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a ' BASEMENT LEVEL Foot rt | BASEMENT &
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= ; ; cy f f uf La [Pesonty | ones |
EXISTING RAMPED FIRE RATED — RC BLOCK FIRE
DRIVEWAY ACCESS DOOR WALL. TO ENG. SPECS. [crwcreaty | |
FRE WALL 3.0m nin HIGH ee
ELEVATION 2 TO AS2419 Dara
OGSS-001-06
Page 7 of 119Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
2 PLANNING & ENVIRONMENT COURT APPEAL 3126/2015 FOR A REQUEST TO
CHANGE CONDITIONS OF A DEVELOPMENT APPROVAL FOR A MIXED USE
DEVELOPMENT AT 90 GOODCHAP STREET, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Manager, Planning & Environment, Kerri Coyle
Planning & Infrastructure Department
Index ECM/Application 132007.12.6 & Subject/Case/3126/2015
Attachments 1. Locality Plan
2. Amended Car Parking Layout
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager, Planning & Environment to the Planning &
Environment Committee Meeting dated 9 August 2016 regarding Planning & Environment Appeal
3126/2015 and authorise the Chief Executive Officer to finalise the appeal generally in accordance
with the following:
A. Amend conditions 1, 10, 11, 12, 36 :
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No Plan/Document Name Date
CP2.02C-1 Overall Parking Layout, drawn by Middap Architecture Pty May 2016
Ltd
0427 – DA02E Site Plan – Overall Podium Level drawn by Middap 13/12/2007
Ditchfield Pty Ltd
9427 – DA03E Site Plan – Overall Upper Plan, drawn by Middap Ditchfield 13/12/2007
Pty Ltd
0427 – DA04E Stage 2 Carpark Plan, drawn by Middap Ditchfield Pty Ltd 13/12/2007
0427 – DA05E Stage 2 Stage 2 Podium Plan, drawn by Middap Ditchfield 13/12/2007
Pty Ltd
0427 – DA06E Stage 2 Upper Floor Plan, drawn by Middap Ditchfield Pty 13/12/2007
Ltd
0427 – DA07D Stage 2 Roof Plan, drawn by Middap Ditchfield Pty Ltd 13/12/2007
0427 – DA08D Existing Approved Elevations & Sections, drawn by Middap 13/12/2007
Ditchfield Pty Ltd
0427 – DA09D Proposed Elevations & Sections, drawn by Middap 13/12/2007
Ditchfield Pty Ltd
0715 - WD01.1 Working Drawings Carpark Layout, drawn by Middap April 2008
Ditchfield Pty Ltd
Plan of Lots 4, 5 & Emt D (Restricted) in Lot 4 SP 196846,
drawn by Jones Flint & Pike
10. The proposed development shall not exceed a maximum height of 2 storeys and 10
metres above natural ground level, with the exception of building B, which may be 3
storeys in height in accordance with the approved plans.
Page 8 of 119
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
11. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of work confirming compliance with the
maximum allowable building height as required by condition 10 of the approval.
12. The development is permitted a total maximum use area of 6,054m2 with each
individual use permitted the following maximum use areas at any one time:-
12.1 Education – Type 3 Adult – 2,723m2 comprising a maximum of 1,400m2
student contact area and 1323m2 of non-student contact area
12.2 Retail Business – Type 1 Local – 100m2
12.3 Retail Business Type 2 Shop and Salon or Entertainment and Dining
Business Type 1 Food and Beverages – 236m2 (includes 16m2 of outdoor
dining).
12.4 The remaining use area being available for:
Commercial Business Type 1 – Office
Commercial Business Type 2 Medical
Student contact area comprises all areas used for student lectures, tutorials
or the like.
36. The development shall provide car parking spaces on the site at a minimum rate of 369
car parking spaces (including 40 parking spaces for the childcare centre).
B. A contribution of $46,000 towards improvement of public transport infrastructure in lieu of the
potential shortfall of on-site car parking.
C. An application for a Development Permit for Operational Works shall be lodged with Council
to address the remediation of the adjoining environment reserve. This application shall
address the following matters:
1. Remove fill from park area;
2. Remove all stormwater outlets from park area;
3. Remove retaining structure from park area;
4. Remove smoko room from park;
5. Remove all debris from park;
6. Reinstate disturbed area to previous condition immediately prior to disturbance events;
7. Stabilise site for sediment and erosion;
8. Ensure all energy dissipaters associated with storm water are located outside the park;
9. Ensure stormwater entry into the park does not cause scouring;
10. Provide arborist appraisal of trees where works have occurred in their root zones and
replacement planting where appropriate;
All works required by the Development Permit for Operational Works shall be completed
within 12 months from the date of settlement of the appeal.
Page 9 of 119
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
REPORT
A report on an application to change conditions of an existing mixed use development approval at
the ‘Noosaville Medical & Professional Centre’ situated at 90 Goodchap Street, Noosaville was
considered by Council at its Ordinary Meeting on 2 July 2015.
The proposed changes primarily sought to allow for the expansion of the adult educational use
(Central Queensland University - CQU) from the approved maximum floor space of 1,600m2 to
2,723m2 within the existing buildings and delete the requirement for the construction of the multi-
storey carpark (which adds a further 79 spaces onsite). The proposed changes were reflective of
the mix of uses on site operating on site at the time, with the development operating in conflict with
the development approval conditions.
Council resolved to change conditions 1, 7, 8, 10, 12, 36, 38, 64, 65 & 66 of the existing approval,
allowing for the 2,723m2 of adult education using the site to remain, subject to the multi storey
carpark being constructed. At the time of the application, the applicant submitted that 315 on site
parking spaces were appropriate to meet the car parking demands of the mixed use development.
The multi storey carpark would increase the available car parking on site to 395 car parking spaces
(not including the 40 bays in the childcare centre which is subject to a separate approval).
On the 7 August 2015, the applicant lodged an appeal with the Planning and Environment Court
seeking the Court to amend conditions 1, 10, 11, 12 and 36 of the Development Approval. The
changes sought primarily relate to the requirement for the multi-storey car park. The applicant
indicates the cost estimate to build the multi storey carpark exceeds $3 million and is an
unreasonable imposition on the development. Notably, since the appeal was lodged, the owner
has fenced off the adjoining environment reserve to prevent people from parking their cars on this
land.
A detailed assessment of each of the contested conditions is included below
Conditions 1, 10 & 36
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered Site Plan Overall Parking
Layout 0427 DA01E, Site Plan Overall Podium Level 0427 DA02E, Site Plan Overall Upper
Plan 9427 DA03E, Stage 2 Carpark Plan 0427 DA04E, Stage 2 Podium Plan 0427 DA05E,
Stage 2 Upper Floor Plan 0427 DA06E, Roof Plan 0427 DA07D, Existing Approved Elevation
& Sections 0427 DA08D, Proposed Elevations & Sections 0427 DA09D, Proposed Carpark
Lower Level Plan 0427 DA10E, Proposed Carpark Mid Level Plan 0427 DA11E, Proposed
Carpark Upper Level Plan DA12E and Proposed Carpark Elevations & Sections 0427 DA13E
prepared by Middap Ditchfield Pty Ltd and dated May 2007 and Working Drawings Carpark
Layout 0715 WD01.1 prepared by Middap Ditchfield Pty Ltd and dated April 2008 and Plan
of Lots 4, 5 & Emt D (Restricted) in Lot 4 SP 196846 prepared by Jones Flint & Pike and as
may be amended by these conditions.
10. The proposed development shall not exceed a maximum height of:- 10.1 for buildings, 2
storeys and 10 metres above natural ground level, with the exception of building B, which
may be 3 storeys in height in accordance with the approved plans. 10.2 for the car park
structure, 8 metres above natural ground level, with the exception of the rendered block work
up stand (ie. lift overrun) adjacent to the driveway ramp which shall not exceed 10.5 metres
above natural ground level.
36. The development shall provide car parking spaces on the site at a minimum rate of 395 car
parking spaces.
Page 10 of 119
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Applicant’s Request
Conditions 1, 10 and 36 of the development approval require the construction of a multi-deck
carpark and the provision of 395 carparks. The applicant considers the provision of 395 carparks
including a multi-deck carpark is not an appropriate town planning and traffic engineering response.
They consider an appropriate provision is 355 carparks (315 onsite bays plus the 40 carparks
associated with the childcare facility) and thus there is no need to construct the multi-storey
carpark.
The applicant indicates that the cost of constructing the multi-storey carpark is estimated to exceed
$3,000,000. The applicant considers this cost to be an unreasonable imposition on the
development, notwithstanding the applicant with previous development approvals proposed its
construction.
Assessment of Request
Beard Traffic Engineering was engaged by officers during the assessment of the application to
comment on the requested changes to the use areas and associated carparking demand. At the
time of the assessment of the application Council’s consultant advised that the current
development uses could be reasonably assessed as requiring the following car parking:
Notably for the original development approval, car parking for the adult education was required to
provide car parking at the rate of 1 space per 20m2 (1:20) compared with subsequent stages
wherein the applicant agreed that a higher rate of 1 space per 10m 2 (1:10) was needed. This is
the reason for the different rates for the education use in the table above.
At the time of the assessment, the applicant’s proposal of 315 on-site parking spaces (not including
the 40 spaces for the childcare) was considered substantially below the normal design standard,
whereby the design peak parking demand is only exceeded by the actual parking demand for 10
to 20 hours per year. Beard Traffic Engineering considered at the time it could be reasonably
expected the current onsite carparking of 315 spaces would be exceeded by the actual parking
demand from the current uses for between 50 and 70 hours per year (~1.25hours per week). This
was considered unacceptable for the development particularly as nearby streets lacked capacity
to absorb any over flow at peak periods.
Since the lodgement of the appeal,
a revised car parking layout for the site has been provided identifying a total of 329 car
parking spaces (not including the 40 car parks associated with the childcare centre facility)
for the site. This new layout has incorporated a further 14 car parking spaces to the spaces
previously submitted by the applicant.
the applicant’s traffic engineer has undertaken further work, including survey work of the
site’s car parking, to support their proposal. Overall, the applicant asserts their proposed car
parking is more than adequate supply for the development as a whole.
“The survey data/car park counts undertaken by our client indicate that the greatest number
of cars parked on site at any one time was 307 (on 21 August 2014). Treating the
development as a ‘mixed use’ development would mean that no more than 343 car parking
were required for the development.
Page 11 of 119
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
The Council indicated that it had concerns regarding uncertainty with respect to future car
parking demand for the development. With respect, over 5 years of successful operation,
with not a single recorded complaint or a single instance of car parking demand at or in
excess of 85% should satisfy any and all concerns that the Council has in this regard. There
is simply no reasonable basis to assert that there is uncertainty regarding the car parking
needs for the development now and into the future.
On this basis, our client considers that the proposed car parks are more than sufficient to
meet the needs of the development now and into the future. Indeed, this number of parks is
likely to be in the order of 10% more than would be sufficient for the development (based on
the mixed use assessment), which should provide comfort to the Council regarding any future
uncertainties (not that our client considers there to be any uncertainties in this regard).”
The following table includes the findings of those surveys previously provided by the applicant to
the Council:
The following additional survey work has also been undertaken since the lodgement of the appeal:
Spot counts were also undertaken by the applicant’s traffic surveyor during inspections of the land
and a review undertaken of 16 historical aerial images of the land, dating back to 2010. The table
below includes these findings:
Page 12 of 119
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Since Council’s decision and lodgement of the appeal, officers have also regularly observed the
car parking for the development and while it has been found to be near full at times, no overflow
or parking issues have been observed.
Council’s traffic engineer, Beard Traffic Engineering, has reviewed the further material provided by
the applicant and advises that he considers that the future parking may be adequate depending
upon how the facility operates – such as if course structures change to include more student
contact hours (many lecturers currently choose to make their lectures available on line to students).
Mr Beard advises there is an undesirable degree of uncertainty about the design parking demands
which could be generated by use of the premises. However, based on the material supplied, if it
can be assumed that the nature of the future uses will not be significantly different from the existing
uses, in my opinion, there is a high probability that the parking provision proposed will be adequate.
Mr Beard further advises he is no longer able to maintain the position that the proposed car parking
is definitely or even mostly likely inadequate.
Page 13 of 119
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Further, the applicant through without prejudice negotiations has agreed to the following:
1. Restore the adjoining reserve land which was used by the applicant for car parking without
Council approval in accordance with an Operational Works permit to be completed within 12
months.
2. Contribute $46,000 towards improvement of public transport infrastructure in lieu of any
perceived shortfall of on-site car parking.
In respect to the contribution towards public transport, Council currently has a programme of
upgrading all the bus stops in the Shire, with the Goodchap Street bus stops due to be upgraded
in 2017/18 budget. There are currently 3 sets of bus stops in Goodchap Street and a contribution
of $46,000 is estimated to upgrade 1 of these stops, including 1 bus stop shelter and installation
and alterations to the kerb and channel and set down area for passengers.
Overall, given the likely evidence that the applicant has been operating the development
consistently for 5 years without any parking problems, (albeit with use of the adjoining Council
reserve for some of this time) and there is no discernible reason why this would change in the
future, and the submitted survey data it is recommended that Council accept the car parking as
proposed and the applicant’s offer. The alternative is potentially an expensive multi storey car
park, which on the applicant’s and Beard Traffic Engineering’s advice is likely to be underutilised.
Condition 11
11. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of the work confirming compliance with the
maximum allowable building height as required either by the conditions of the approval of
the Planning Scheme.
Applicant’s Request
The maximum building height of the development approval is controlled by condition 10 which
references the approved plans and empirical measures and is not controlled by the "planning
scheme".
Given the clear terms of condition 10 of the development approval, there is no reason which
warrants condition 11 requiring a survey to be submitted demonstrating compliance with the
maximum building heights in the planning scheme.
Assessment of Request
It is agreed that the existing condition should be amended to reflect the height limits specified in
condition 10. The condition shall be amended accordingly:
11. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of the work confirming compliance with the
maximum allowable building height as required by condition 10 of the approval.
Condition 12
12. The development is permitted a total maximum use area of 6,054m2 with each individual use
permitted the following maximum use areas at any one time:-
12.1 Commercial Business – Type 1 Office – 2,420m2;
12.2 Commercial Business – Type 2 Medical – 3,000m2
12.3 Education – Type 3 Adult – 2,723m2
12.4 Retail Business – Type 1 Local – 100m2
12.5 Retail Business Type 2 Shop or Entertainment and Dining Business Type 1 Food and
Beverages – 236m2 (includes 16m2 of outdoor dining).
Page 14 of 119
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Applicant’s Request
Condition 12 of the amended development approval specifies the permitted total maximum use
areas. Condition 12 should to be amended to reflect the development which has been constructed
on the subject land and the precise use areas can be identified in accordance with the following:
12. The development is permitted a total maximum use area of 6,054m2 with each individual use
permitted the following maximum use areas at any one time:-
12.1 Education Type 3 Adult (Student Contact) – 1,400m2
12.2 Retail Business Type 2 Shop and salon and Entertainment and Dining Business
Type 1 Food and Beverages – 236m2 (including outdoor dining).
12.3 Retail Business Type 1 - Local – 100m2
12.4 The remaining use area being available for:
Commercial Business Type 1 – Office
Commercial Business Type 2 – Medical
Education Type 3 – Adult
Assessment of Request
The applicant seeks to amend the condition to only restrict the student contact areas (i.e. lecture
theatres) and shop/restaurant areas, while the rest of the facility could interchange between office,
medical and other adult education facilities (i.e. library, tutorial and nurse training theatres and
office rooms).
It is reasonable to restrict the student contact areas and non-student contact areas as this relates
to the likely parking demand for the proposed educational use. Given office and medical uses
attract the same car parking rate of 1 space per 20m2 these uses may be interchangeable. The
applicant has agreed to the following revised wording.
12. The development is permitted a total maximum use area of 6,054m2 with each individual use
permitted the following maximum use areas at any one time:-
12.1 Education – Type 3 Adult – 2,723m2 comprising a maximum of 1,400m2 student
contact area and 1323m2 of non-student contact area
12.2 Retail Business – Type 1 Local – 100m2
12.3 Retail Business Type 2 Shop and Salon or Entertainment and Dining Business Type
1 Food and Beverages – 236m2 (includes 16m2 of outdoor dining).
12.4 The remaining use area being available for:
Commercial Business Type 1 – Office
Commercial Business Type 2 Medical
Student contact area comprises all areas used for student lectures, tutorials or the like.
Previous Council Consideration
Ordinary Meeting, 24 September 2015, Item 7, Page 8
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 15 September 2015 regarding Planning & Environment Court Appeal
3126/2015 and agree to defend the appeal.
Page 15 of 119
Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Finance & Risk
There will be significant costs for Council involved in defending the appeal and it is considered that
Council has limited prospects in the appeal given Council’s traffic engineering advice that he is no
longer able to maintain the position that the proposed car parking is definitely or even mostly likely
inadequate.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes
Beard Traffic Engineering
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development x Infrastructure Planning & Design
Governance x Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 16 of 119
Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
9
82
135 8
11
ATTACHMENT 1
84 13
10
GO
11 137
OD
15
CH
86
AP
13 139 12 17
ST
15
14 141 14
19
88
16
18
Subject Site 143
18
145
16
147
GO
OD
CH
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ST
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5/10
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VE
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UR
E
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R
6
LA 118 RD
S 117
ER SA
O
RAD NO
T 120 DI
4 UN
M
EU
122
2
124
Page 17 of 119
Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Page 18 of 119
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
ra)
Level 16, Waterfront Place
1 Eagle Street
Brisbane QLD 4000 Australia
GPO Box 169 Brisbane QLD 4001
DX 134 Brisbane
T +617 3338 7500
F +61 7 3338 7599
Our ref MFM:BGR:3752191
1 June 2016
[email protected]
Wakefield Sykes
Solicitor
Dear Wakefield WITHOUT PREJUDICE
Noosaville Medical & Professional Centre Pty Ltd v Noosa Council
P&E Appeal No. 3126 of 2015
We refer to your letter of 11 May 2016.
We enclose:
e Aplan titled Proposed
5 1 1 2 1 5 844 1740 116 33 96 Parking
5 1 1 2 1 6 974 1740 103 33 96 Layout
5 1 1 2 1 7 1088 1747 36 20 96 on
5 1 1 2 1 8 1137 1740 59 27 96 Site
5 1 1 2 1 9 1208 1741 56 26 97 369
5 1 1 2 1 10 1276 1741 108 27 96 Overall
5 1 1 2 1 11 1398 1742 116 33 96 Parking
5 1 1 2 1 12 1528 1742 122 33 96 Layout, Drawing Number
CP2.02C-1, Dated May 2016. This plan includes the relevant annotations with respect to the car
parking and property boundaries requested in your letter of 11 May 2016; and
e Aletter from Neil Viney addressing this plans compliance with the relevant Australian Standard.
Your letter of 11 May 2016 was correct in noting that this plan includes the 40 car parking spaces
required under the child care centre approval, which are located to the south of the child care centre
building (as part of the car park in that area that comprises a total of 51 spaces).
We await receipt of the Council's response with respect to this material.
Yours sincerely
Benjamin Rix Michael Marshall
Lawyer Partner
T +61 7 3338 7569
E [email protected]
www.tglaw.com.au ADVICE | TRANSACTIONS | DISPUTES
a Legal/46141985_1
Page 18 of 119Section 19
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Page 20 of 119
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
\ INEY TRAFFIC ENGINEERING
Tol one Engineering Pty Ltd 14 Narnoo Street
A.C.N. 073 918 162 Chapel Hill 4069
Tel: (07) 3878 3066
30 May 2016
Ref: 2039 J15
Shane Adamson Town Planning
PO Box 78,
Peregian Beach, QLD 4573
Planning and Environment Court Queensland - Appeal No 3126 of 2015
Between: Noosaville Medical & Professional Centre Pty Ltd Appellant
And: Noosa Council Respondent
Dear Shane
I refer to the Overall Parking Layout, Plan CP2.02C-1, prepared by Middap Architecture Pty
Ltd dated May 2016. The plan shows a car parking layout for the Noosaville Medical and
Professional Centre that provides parking for:
e 366 cars;
e 12 motorcycles (equivalent under the Planning Scheme to 3 cars); and
e Bicycle and scooter parking.
The plan indicates the formal parking arrangement proposed for the land to the south-west of
the Telstra site which is currently unsealed and used informally for parking. Of the 72 spaces
proposed for this new formal parking area, 60 are to be allocated and signed for staff parking
(2.4 metres wide) and the remaining 12 are to be available for general use (2.6 metres wide).
I have checked the plan and certify that the design complies with the requirements of
AS/NZS 2890.1:2004 (Australian/New Zealand Standard Parking - Facilities Part 1: Off-
Street Car Parking).
Yours faithfully
Neil Viney
RPEQ 04990
Page 20 of 119Section 21
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
3 IMPACTS OF RECENT COURT OF APPEAL DECISIONS BRISBANE CITY COUNCIL V
GERHARDT & GERHARDT V QUEENSLAND BUILDING AND CONSTRUCTION
COMMISSION
DOCUMENT INFORM AT ION
Author Manager, Planning & Environment, Kerri Coyle
Planning & Infrastructure Department
Index Subject / Noosa Planning Scheme
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager, Planning & Environment to the Planning &
Environment Committee Meeting dated 9 August 2016 and resolve for the purpose of Schedule 7,
Table 1 item 17 of the Sustainable Planning Regulation 2009 :
A. to be a concurrence agency for a building or structure which is a single detached class 1(a)(i)
building, class 1(a)(ii) building comprising not more than 2 attached dwellings or a class 10
building or structure in the circumstances outlined in Table 1 below; and
B. that the form of building works which do not comply with the acceptable solutions and/or
specific outcomes outlined in Column 3 of Table 1 of the relevant codes identified in Column
1 of Table 1 may:
(a) have an extremely adverse effect on the amenity or likely amenity of the locality; or
(b) be in extreme conflict with the character of the locality
Table 1 – Declared building form for amenity and aesthetic referral agency assessment in
Noosa Shire
Column 1 Column 2 Column 3
Code Concurrence Agency Acceptable Solution/Specific
Assessment Required Outcome
Building Works Code Where carrying out building work if S1.1, S2.3, S10.1, S11.1-S11.3
demolition, relocation or removal of S12.1, S13.1, S14.1, S15.1,
a building and not associated with a S16.1, S16.2, S17.1, S181-
material change of use and not S18.4, S20.1, S21,1, S21.2,
complying with the acceptable S22.1, S23.1-S23.3, S24.1-
solutions identified in column 3 of S24.7, S25.1-S25.6
this table.
Biodiversity Overlay Code Where involving interference with S9.1, S10.1
vegetation on premises identified
as Environmental Protection Area,
Environmental Enhancement Area
or Riparian Buffer Area on
Biodiversity Overlay Maps OM1.1
to OM9.1; or
Where on premises identified as
Riparian Buffer Area of Biodiversity
Overlay Maps OM1.1 to OM9.1,
except for demolition works.
Page 21 of 119
Section 22
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Column 1 Column 2 Column 3
Code Concurrence Agency Acceptable Solution/Specific
Assessment Required Outcome
Heritage Overlay Code Where involving a heritage site or O1, S2.1, O3, S4.1, S5.1-S5.3,
within a character area as defined O6, S7.1, O12
by the Division 5, 13.11 General
Provisions for the Heritage Overlay
Natural Hazard Overlay Where on land identified as Flood S20.1, S20.2
Code Hazard Area on Overlay Maps
OM1.3-9.3
Natural Resources Where within a Coastal Protection S17.1, O18,O19, S20.1, S20.2
Overlay Code Area identified on Overlay Map
OM4.5
REPORT
Recent judgements by the Planning & Environment Court, one of which was upheld by the
Queensland Court of Appeal has significant implications for many Queensland Councils, including
Noosa Council. This report seeks to update Council on the implications of this judgement and seek
a resolution from Council to enact the amenity and aesthetic provisions of Schedule 7, item 1 of
the Sustainable Planning Regulation 2009.
The judgement for Brisbane City Council v Gerhardt was made in relation to a development
application for building work on a dwelling located in a character area in Wooloowin, Brisbane. The
development application sought a development permit for changes to the external façade of a pre-
1946 dwelling located within a character area under Brisbane’s City Plan 2014. Brisbane City
Council considered that the proposed building work was made assessable by the character
provisions of the City Plan 2004.
The owners lodged the development application with a private building certifier. Council was a
concurrence agency for the application, with its role limited to assessing only the amenity and
aesthetic impact of the development application against the character provisions of the Brisbane’s
City Plan 2014. Council was made a concurrence agency pursuant to Schedule 7 of the
Sustainable Planning Regulation 2009.
On receiving the application, the Council advised the applicant the request was premature and a
preliminary approval for the building work lodged with Council was necessary before the
development application could be decided by the private building certifier.
The certifier subsequently sought declarations in the Planning & Environment Court principally that
no application for a development approval for building work was required to be made to or approved
by the Council for the proposed building work.
The court held:
Council failed to provide conditions or direct refusal of the application as a concurrence
agency for the application within the required time frame under the Sustainable Planning Act
2009.
The private building certifier was able to approve the building application and no further
application for building works was required to be made to Brisbane City Council.
Page 22 of 119
Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
1. Implications of decision
The decision enables a private building certifier to give a development permit for building work
made assessable under the Noosa Plan (for work which does not constitute a material change of
use – i.e. extensions to a dwelling house), without any statutory input or direction from Council
unless Council is identified by the SPA regulations as a concurrence agency. Further, pursuant to
the Building Act 1975 the building certifier is only required to assess the building work solely against
the building assessment provisions which include:
Alternative provisions under section 33 for site cover and setbacks
A prescribed aspect such as designation of a bushfire prone area and flood hazard area.
Notably, Council currently would only be a concurrence agency in respect to the alternative
provisions for site cover and setbacks.
Unfortunately, the building certifier is not required to assess the building works against any other
part of the planning scheme and so other matters considered by the community and Council as
important locally are ineffective and cannot be enforced. The decision has significant implications
on the ability of Council to protect public safety, biodiversity, amenity and character in the shire.
The only circumstance when the Council would be the assessment manager for a building works
is when an application is made instead to Council. However, this assessment would need to be
carried out by a building certifier employed or engaged by Council and Council’s building certifier
would be similarly limited to the building assessment provisions defined by the Building Act 1975.
The decision will affect the assessment of building works that the Noosa Plan seeks to regulate in
many areas including:
Biodiversity Overlay – extensions/additions to houses where located in the Riparian Buffer
Area, and/or interfering with vegetation in an identified Environmental Protection Area or
Environmental Enhancement Area;
Heritage Overlay – extensions/additions to houses where located on a heritage site or within
a character area or demolishing/removing a building involving a heritage site or within a
character area.
Natural Hazards and Natural Resources Overlays – carrying out building work in a landslide
hazard area, acid sulfate soils area where the works involve specific earthworks or where
the works are within a coastal protection area.
Matters previously sought to be regulated by the Building Works Code
Notably, the Noosa Plan provisions for works which constitute a material change of use continue
to apply and so apply to new dwelling houses or works which would constitute a material change
of use (i.e. addition of a third storey to an existing 2 storey dwelling).
2. Legislative Options
This matter has been reviewed by Wakefield Sykes, Council’s Solicitor for planning matters, to
clarify the implications of the decision and review options for Council. In discussions with Mr Sykes
the following options have been considered:
Option 1 – Take No Action
Taking no action will mean building works made assessable by the planning scheme may be
decided by private building certifiers without regard to all matters identified in the Noosa Plan.
Option 2 – Amendment of Legislation
The remedy for this matter is for amendments to be undertaken to the Sustainable Planning
Regulation 2009 to require provision for concurrence agency assessment by the local government.
This would be the simplest approach and Council would be a co-respondent in the event of any
appeal in relation to an application.
Page 23 of 119
Section 24
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Another approach which may be considered is to amend the Building Act 1975 to broaden the
definition of the building assessment provisions to allow for assessment against any provisions of
a planning scheme which apply solely to building work and amend the Sustainable Planning
Regulation 2009 and/or the Sustainable Planning Act 2009 providing for Council to undertake an
assessment manager’s role in such circumstances.
There are many considerations in determining what might be the preferred solution given the
complexity of the current legislative provisions. However, this issue needs to be resolved as a
matter of urgency to minimise confusion and to ensure that local governments can continue to
protect public safety, biodiversity, amenity and character of their local government area. Notably,
the new Planning Act as passed by parliament in May 2016 does not resolve the matter.
Option 3 - Partial Interim Solution
As a partial interim solution it is recommended that Council make a resolution in respect to the
amenity and aesthetic provisions under item 17 of Schedule 7 of the Sustainable Planning
Regulation 2009. This would provide Council with a concurrence agency role in respect to
applications for building works but only in relation to the amenity and aesthetic impact of buildings
or structures. Item 17 of Schedule 7 of the Sustainable Planning Regulations 2009 provides for
local governments to be a concurrence agency in respect to:
Building work for a building or structure if it is-
(a) a single detached class 1(a)(i) building, class 1(a)(ii) building comprising not more than 2
attached dwellings or a class 10 building or structure; and
(b) in a locality and of a form for which the local government has, by resolution or in its planning
scheme, declared that the form may-
(i) have an extremely adverse effect on the amenity, or likely amenity, of the locality; or
(ii) be in extreme conflict with the character of the locality
Council as a concurrence agency would have 10 business days from receipt of the application to
apply conditions or direct refusal of the application. If no response is provided by Council within
this time frame the private building certifier can decide the application as if the agency had
assessed the application and had no concurrence agency requirements. These time frames are
likely to impact on the resources of the DA Planning team and further review of the team and
workloads will be required to ensure no missed responses.
This approach does not provide a full solution to the matter but is the only option currently available
to Council to provide input into building works matters. It will only address amenity and character
matters that the Noosa Plan raises in respect to building works and does not address public safety
and biodiversity issues. Currently, LGAQ, state government officers, council officers and a number
of other bodies are meeting to discuss the implications of the decision and a way forward.
However, amendment to the legislation is likely to take some time to implement.
Previous Council Consideration
Nil.
Finance & Risk
The decision has significant implications on the ability of Council to protect public safety,
biodiversity, amenity and character in the shire. A resolution under the amenity and aesthetic
provisions is only a partial solution, is not fully satisfactory and is likely to have implications for
current resources for the DA Planning team which requires further consideration.
Page 24 of 119
Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes – Council’s solicitor for planning matters
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
Governance Infrastructure Planning & Design
Human Resources x Planning & Environment
Sustainability x Strategic Land Use Planning
Page 25 of 119
Section 26
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
4 COUNCIL MOTION FOR 120TH LGAQ ANNUAL CONFERENCE
DOCUMENT INFORM AT ION
Author Infrastructure Assessment Coordinator, Oddbjorn Ludvigsen
Planning & Infrastructure Department
Index ECM/Subject/41.36 - Local Government Infrastructure Plan (LGIP)
Attachments 1. NSC Motion for 120th LGAQ Annual Conference
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 9 August 2016 and agree to present a motion to the 120 th
LGAQ Annual Conference as provided at Attachment 1 to the report.
REPORT
The Local Government Association of Queensland (LGAQ) has called for motions for consideration
at their Annual Conference which will provide a definitive statement of the collective voice of local
government in Queensland. It is anticipated that both the Mayor, Cr Tony Wellington and Deputy
Mayor, Cr Frank Wilkie will be representing Noosa Council at the conference.
Infrastructure planning and charges reform has been an ongoing issue for many years, however
each time the legislation has changed, it has created further complications and difficulties for local
government to achieve the task of completing the required statutory documents and at significant
additional cost to do so for something that should otherwise be straight forward, fit for purpose and
simple to undertake and achieve.
The current Statutory Guidelines 03/14 and 04/14 for Local Government Infrastructure Plans
(LGIP), have reintroduced all the former Priority Infrastructure Plan and Charges Schedule
requirements that were discarded in 2011 that are clearly now irrelevant for the current
infrastructure charges and planning framework under the current Sustainable Planning Act 2009
and the new Planning Act that will commence in 2017.
For Council’s information, full details of the issue are provided in Attachment 1 in the background
section of the motion proposed. However in summary, much of the work required to be undertaken
to satisfy the Statutory Guidelines is considered to be a significant burden on local governments,
with no perceivable benefit from the information produced and also places an unnecessary
administrative and cost burden on Local Governments and their communities.
It is fitting that this issue be raised and discussed at the upcoming LGAQ conference to seek to
obtain a collective view and representation to the State Government for a common sense review
and amendment of the Statutory Guidelines for Local Government Infrastructure Plans.
Page 26 of 119
Section 27
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Previous Council Consideration
Ordinary Meeting, 21 July 2016, Item 9, Page 7
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 12 July 2016 and approve the Priority Infrastructure Area
(PIA) Maps provided at Attachment 1 for the proposed Local Government Infrastructure Plan
(LGIP) to replace the current Priority Infrastructure Plan (PIP) of the current Noosa Plan planning
scheme.
Finance & Risk
If the desired action is implemented and the unnecessary requirements were removed from the
Statutory Guidelines, it would:
greatly reduce the amount of time, resources, effort and costs to all local governments and
their communities;
enable concentration on detailing the future infrastructure requirements and costs necessary
in providing infrastructure for development growth;
have no impact on the purpose of a LGIP as described in sections 2.2 to 2.4 of the Statutory
Guideline 03/04 since this all relates to future infrastructure costs required for future
development;
have no impact for the Development Industry since the legislation has set the permissible
maximum charges, enabled establishment costs for future works for offsets to be revalued
by development and enabled conversion applications of non-trunk infrastructure to become
trunk infrastructure that is not currently in a LGIP; and
drastically speed up the ability for local governments to achieve LGIPs thereby promoting
the State Government’s desired direction for planning reform and not “at the expense of
community participation or the role of local government” per the Deputy Premier’s statement
May 2015 contained on the Department’s website.
Consultation
External Consultation - Community & Stakeholder
Ongoing liaison with the Manager – Planning, Development & Environment, Local Government
Association of Queensland
Internal Consultation
Director, Planning & Infrastructure
Manager, Planning & Environment
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
Governance Infrastructure Planning & Design
Human Resources X Planning & Environment
Sustainability Strategic Land Use Planning
Page 27 of 119
Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Attachment 1
Submitting council / organisation
Noosa Shire Council
Date of council / organisation resolution LGAQ Policy Executive district
18 August 2016 District 2 – South East Queensland North
Number and title of motion - Planning Powers – Amend, Simplify and Remove Unnecessary
Irrelevant Statutory Requirements for Local Government
Infrastructure Plans
Motion That the Local Government Association of Queensland make
representations to the State Government to amend the Statutory
Guidelines with respect to Local Government Infrastructure Plans to
remove the unnecessary and irrelevant requirements to enable a fit for
purpose, easily attainable and manageable process that does not create
unnecessary costs for Local Governments and their communities.
Background Local government infrastructure planning and charging framework has
been subjected to continual legislative change since the commencement
of the Integrated Planning Act 1997 and Sustainable Planning Act 2009
to the present day. However, each time the legislation has changed, it
has created further complications and difficulties for local government to
achieve the task of completing the required statutory documents and at
significant additional cost to do so for something that should otherwise be
straight forward, fit for purpose and simple to undertake and achieve.
The current adopted charges regime commenced in July 2011 applying
infrastructure charges through local government resolutions with
maximum charge levels capped under the State Planning Regulatory
Provision (adopted charges). These resolutions can also incorporate all
the trunk infrastructure network planning details otherwise required in a
Priority Infrastructure Plan (PIP) up until the cut-off date for when a new
current Local Government Infrastructure Plan (LGIP) must be in place.
It should be specifically noted that the pre 2011 PIPs (introduced by
legislative amendments in September 2004) required full costing of
existing and future trunk infrastructure along with demand catchment
apportionment specifically for the purpose of developing Infrastructure
Charges Schedules in determining the level of infrastructure charges that
development were to contribute towards each trunk network. These PIPs
required 3rd party review by the Queensland Competition Authority (QCA)
undertaken and paid for by the State Government as part of their review.
Due to the complicated, time consuming, resource and cost hungry
processes involved to prepare these PIPs with ICS’s, only a handful of
Local Government PIPs ever made it to the QCA review stage that
occurred during 2008-2009. Following these QCA reviews, this process
then ceased with commencement of further legislative reviews and
changes for infrastructure planning and charges.
On commencement of the 2011 adopted charges legislative
amendments, PIPs no longer contained Infrastructure Charges
Schedules (ICSs) as these are now obsolete under the new adopted
charges regime with only costing of future trunk infrastructure remaining
relevant. Subsequently, many Local Governments were able to instigate
the required infrastructure planning documents quickly, initially through
adopted charges resolutions prior to completing and adopting PIPs.
The July 2014 SPA legislative amendments continue the adopted
charges regime along with additional offset, revaluing and conversion
Page 28 of 119
Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
infrastructure provisions for development but also requires Local
Governments to have a new LGIP completed under new statutory
guideline requirements.
The LGIP Statutory Guideline 03/14 has now reintroduced all the former
PIP with ICS requirements that were previously discarded in the 2011
amendments through a Schedule of Works Model (SOW) but without any
logical reason or purpose for doing so. For example, it has reintroduced
full costing of both existing and future infrastructure along with allocating
demands on a per catchment basis for each trunk network that will
provide a cost rate per demand unit per catchment per network etc
identical to what the former ICS did. However, the infrastructure charges
to be issued are no longer determined in this way but instead continue to
be governed by the State Planning Regulatory Provision (adopted
charges) with capped maximums.
Also reintroduced are 3rd party reviews of draft LGIPs by an appointed
reviewer that must now also be engaged and paid for by Local
Government prior to State reviews under a drawn out time consuming
statutory process under Statutory Guideline 04/14. This issue has
previously been raised under the previous motion no 28 at the 118 th
LGAQ Annual Conference in 2014 but unfortunately has not instigated
any corrective actions by the State Government to date.
There clearly is no longer any need for these overly burdensome
requirements for costing of existing infrastructure, demand catchment
allocation and multiple reviews by different parties other than directly by
the local government itself. Furthermore, it also serves no purpose for the
development industry having had all their previous issues addressed via
the legislative tools regarding the level of charges, infrastructure offset,
revaluing and conversion provisions.
Therefore, much of the work required to be undertaken to satisfy the
Statutory Guidelines is now a complete waste of valuable time and
resources and places a completely unnecessary administrative and cost
burden on Local Governments and their communities for no real purpose
or tangible benefit.
The historical miniscule results over the last 20 years of numerous
infrastructure planning and charging reform is sufficient evidence that the
past and current framework is completely unreasonable and unworkable.
The LGIP requirements and whole process needs to be greatly improved
to become fit for purpose, easily attainable and manageable by Local
Government under a system that is simple, straight forward, not overly
bureaucratic and easily updatable. For example, enabling LGIP details to
remain in “charges resolutions” or simply apply the interim LGIP
amendment process (i.e. limited to Local Government review and Public
consultation) for all LGIP requirements would easily achieve this as has
already been clearly and satisfactorily demonstrated. In contrast, the new
LGIP requirements under the new Statutory Guidelines have nil results
to show since its introduction over two years ago.
The new Planning Act 2016 is due to commence next year and a draft
Interim Minister’s Guidelines and Rules document has just been released
on the Departments website. At this time, a full review of this new
Page 29 of 119
Section 30
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
guideline has not been completed but preliminary perusal highlights the
same unnecessary and irrelevant requirements continuing and a
potential for further complications.
This issue of how Local Governments have to undertake preparation of
LGIPs should be no different to the way the State has undertaken
preparation and implementation of its own State Infrastructure Plan which
is identical to an “Interim LGIP amendment”.
The current LGIP requirement is considered completely contrary the
statement on Department of Infrastructure, Local Government and
Planning website page “BETTER PLANNING FOR QUEENSLAND”
quote:
'We believe that planning reform can deliver a more efficient system
that supports investment and jobs, but don't believe this must come at
the expense of community participation or the role of local
government'.
Deputy Premier, Jackie Trad (May 2015)
What is the desired outcome That a simple and common sense review and amendment of the
sought? Statutory Guidelines 03/14 and 04/14 for Local Government
Infrastructure Plans be made to address the above mentioned concerns
to remove the current unnecessary and irrelevant requirements costing
What are the impacts (positive Local Governments and their communities’ unnecessary expense.
or negative) on local
government? If the unnecessary requirements were removed, it would:
greatly reduce the amount of time, resources, effort and costs to local
government;
enable concentration on detailing the future infrastructure
requirements and costs necessary in providing infrastructure for
development growth;
have absolutely no impact on the purpose of a LGIP as described in
sections 2.2 to 2.4 of the Statutory Guideline 03/04 since this all
relates to future infrastructure costs required for future development;
have no impact for the Development Industry since the legislation has
set the permissible maximum charges, enabled establishment costs
for future works for offsets to be revalued by development and
enabled conversion applications of non-trunk infrastructure to
become trunk infrastructure that is not currently in a LGIP; and
drastically speed up the ability for local governments to actually
achieve LGIPs thereby promoting the State Government’s desired
direction for planning reform and not “at the expense of community
participation or the role of local government” per the Deputy
Premier’s statement May 2015 contained on the department’s
website.
LGAQ comment
Page 30 of 119
Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
5 MCU15/0086 - REPRESENTATIONS TO CONDITIONS - DEVELOPMENT APPROVAL
FOR MATERIAL CHANGE OF USE - ENTERTAINMENT & DINING BUSINESS TYPE 1 -
FOOD & BEVERAGES SITUATED AT 2 BOTTLEBRUSH AVENUE, NOOSA HEADS
DOCUMENT INFORM AT ION
Author Coordinator Planning, Denis Wallace
Planning & Infrastructure Department
Index ECM/ Application/ MCU15/0086
Attachment 1. Applicant’s Representations to Conditions (including seating plan)
APPLICATION DETAILS
Applicant Village Bicycle
Proposal Development Permit for Material Change of Use of Premises -
Entertainment & Dining Business Type 1 - Food & Beverages
Property Address 2 Bottlebrush Avenue, Noosa Heads
RP Description Lot 157 RP88772
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning and Environment
Committee Meeting dated 9 August 2016 regarding representations to conditions of approval for
Development Permit MCU15/0086 for a Material Change of Use for Entertainment & Dining
Business Type 1 – Food & Beverages situated at 2 Bottlebrush Avenue, Noosa Heads and refuse
to change Conditions 3, 4 and 7.
REPORT
Reports regarding a development application for Material Change of Use for an Entertainment &
Dining Business - Type 1 Food & Beverages situated at 2 Bottlebrush Avenue, Noosa Heads were
presented to Council’s Planning & Organisation Committee Meeting dated 2 February 2016 (refer
agenda Item 2, Page 6) and Planning & Environment Meeting dated 7 June 2016 (refer agenda
Item 1, Page 3)
At its Ordinary Meeting held on 16 June 2016 Council decided to approve the application, subject
to conditions. The conditions of approval were amended from those recommended in the staff
reports to address the following issues:
Condition 3 was amended to allow use of the outdoor dining area to midnight on Sunday and
Monday nights (in addition to Friday and Saturday nights).
Condition 17 was added to apply a sunset clause, being a lapsing date of 21 June 2017, to
allow Council to consider the development’s compliance with the approval conditions when
it assesses a future application to extend the approval.
Under the provisions of the Sustainable Planning Act the applicant suspended its appeal period
and submitted representations to conditions of the approval (see Attachment 1). The Act requires
Council to consider the representations and give a new decision notice (a negotiated decision
notice) to all relevant parties.
Page 31 of 119
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Representations to Conditions
Details and assessment of the representations to the existing conditions are as follows.
Condition 3 – Hours of Operation
3. The approved use must not operate outside the hours of 5am to 12pm, with use of outdoor
dining area permitted after 10pm only on Friday to Monday nights inclusive.
Applicant’s Request
The original development application requested Council’s approval for the outdoor dining
component of the proposed use between the hours of 5am to 12pm Monday to Sunday (i.e. seven
days a week).
The applicant appreciates that in the above decision notice Council has approved the use of the
outdoor dining area for four (4) nights a week. The applicant is requesting that Council amend the
above decision notice to approve the seven (7) nights week as originally proposed.
Those matters raised in our submission to Council dated 5th May, 2016 continue to remain relevant
for this consideration. In summary, the grounds that support the applicant’s request include:
(a) The Village Bicycle Café was established to provide a suitable venue for local residents,
particularly part-time workers in local hospitality industry after venues at which they work at
close each night. Many of these part-time workers who start work mid-afternoon and finish
work between 8pm and 10pm. As such, it is preferable for trading hours to extend to 12pm
weekdays.
(b) The Village Bicycle operates differently to those surrounding similar venues which appear to
target visitors and holiday makers including backpackers and operate more as a hotel. The
Village Bicycle is a venue which deliberately wants to be a place where local residents mingle
and interact in the evenings and where a sense of community is fostered. For example the
venue supports local charities such the Salvation Army during the recent Red Shield Appeal
in funding providing aimed at local youth.
(c) Council has conceded that the proposed use can comply with noise level limitations until
12pm under noise limits set by Noosa Council which are stricter than those applied under
both the State Liquor Act 1992 and Liquor Regulation 2002 and the State Environmental
Protection (Noise) Policy 2008 once a 2.6m high wall is constructed as required by Council
in the above decision notice and in compliance with other conditions of approval. It would
therefore seem both logical and reasonable that if the proposed use is approved to operate
on its busiest trading evenings until 12pm four (4) nights a week, then it should not be an
issue to operate on the remaining three (3) nights when local patronage is commonly lower.
(d) Interestingly the feedback obtained by The Noosa Junction Association (who represents
business owners and land owners in The Junction) is that The Junction can appear a
somewhat inactive and uninviting place during these three week nights. The Association is
therefore of the opinion that having The Village Bicycle open during these three (3) nights
will assist The Junction be differentiated from the Noosa Civic and other more retail and
commercial focused precincts.
(e) The applicant however has experienced Council’s continued opposition to the use ... As
indicated above, the Village Bicycle operates so as to provide a venue for local residents,
particularly those working in the local hospitality industry. These part-time workers tend to
be better placed to use this type of venue on Tuesday to Thursday nights during holiday
periods when they are likely to be more actively employed because of increased patronage
of other hospitality related venues during such periods.
Page 32 of 119
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
The applicant requests that Condition 3 be amended as follows:-
The approved use must not operate outside the hours of 5am to 12pm.
Alternatively that Condition 3 be amended as follows:-
The approved use must not operate outside the hours of 5am to 12pm, with use of outdoor
dining area permitted after 10pm only on Friday to Monday nights of Tuesday to Thursday
nights when a public holiday, school holiday (i.e. State school holiday for South-East
Queensland) or show holiday (i.e. Noosa Council area).
Assessment
The issue of operating hours and, in particular, patron noise from late night use of the outdoor area
has been the subject of lengthy assessment in the previous two reports to Council. The reports
and subsequent deliberations by Councillors acknowledged the valued role the Village Bicycle
plays in Noosa Junction’s revitalisation. The condition as applied sought to strike a balance
between the business needs and the amenity of nearby residents and allowed outdoor operation
to midnight on Sundays and Mondays in addition to the staff recommendation for only Fridays and
Saturdays. Notably the previous assessment of the applicant’s noise reports did not “concede that
the proposed use can comply with noise level limitations” but sought to achieve an acceptable
balance, where noise risk remained.
No further assessment can be undertaken in regard to the performance of the new acoustic or
management measures (such as the acoustic fence) required by the suite of conditions because
they are yet to be fully implemented. In particular, the acoustic fence has not been erected.
The applicant’s request to amend the condition is not supported and it is recommended the
condition remain unchanged.
Condition 4 – Patrons in Outdoor Area
4. Patrons in the outdoor dining area must be seated and limited to 50.
Applicant’s Request
The original application identified areas within which outdoor dining was proposed to occur
because, among other things, of the need to balance that area within the existing premises that
will not be used for seating and the like as a result of this development proposal. Our subsequent
submission to Council dated 5th May, 2016 quoted that the applicant can provide up to 70 seats
within that outdoor dining area as identified in the original development application.
This submission also identified concern to Council’s requirement for all patrons to be seated and
suggested that following condition – ‘Patrons in the outdoor dining area must be have a seat
allocated on the premises and the number of seats in the external dining area is 70’. In the above
decision notice Council decided to impose the above condition 4. The applicant remains
concerned that confusion could result from that condition as currently worded. The applicant would
prefer that each patron has an allocated seat given that such a condition may further complicate
any claims of noncompliance of Council’s approval. Council appears to be convinced that only 50
seats are possible within the proposed outdoor dining area. It is unknown how Council arrived at
this figure with such confidence. In order to further assist Council in this regard, the applicant has
prepared the attached scaled seating diagram which confirms the 70 seats remain possible as
previously quoted to Council.
The applicant requests that Condition 4 be amended as follows:
Patrons in the outdoor dining area must be have a seat allocated on the premises and the
maximum number of seats in the external dining area is 70 and generally in accordance with the
seating diagram as provided to Council.
Page 33 of 119
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Assessment
As previously indicated to Council, staff had counted on site seating at 54 and consider the
requirement for patrons to be seated as reflective of the restaurant use applied for. The 70 patron
numbers suggested by the applicant is not reflective of its original application material, its acoustic
reporting or its application to Liquor Licencing. The applicant’s request to amend the condition is
not supported and it is recommended the condition remain unchanged.
Condition 7 – Sunset Clause
7. This development permit lapses on 21 June 2017, unless an application is received to extend
the approval. In assessing an extension to the approval, Council will have regard to any
breach details available from the Office of Liquor & Gaming Regulation and any other
relevant matters.
Applicant’s Request
The applicant wishes to register a number of concerns with this condition with Council in these
representations. These concerns include that the condition:-
(a) lacks clarity;
(b) is in conflict with relevant provisions of the Sustainable Planning Act; and
(c) lacks certainty/finality.
(a) Those matters that more specifically identify the applicant’s concern with respect to a
perceived lack of clarity include:-
I. Condition 7 states that “an application” needs to be lodged. It is assumed that this
reference is to a type of formal development application under the Sustainable
Planning Act. It is unclear what specific “application” is required to be lodged by this
condition. It may be that Council is referring to a formal request to extend the relevant
period under Section 383 of the Sustainable Planning Act or perhaps the
change/deletion of condition 7 is considered by Council to be a permissible change
that can occur by a request to change an existing development approval under Section
369 of the Sustainable Planning Act (as amended).
II. Condition 7 suggests that all Council requires is for an “application” to be simply lodged
before 21 June, 2017 and then the current development approval does not lapse. It is
unclear if that “application” needs to be also decided and approved by Council.
III. Procedurally, Condition 7 does not address the status of this current development
approval between 21 June, 2017 and any Council approval of the assumed request to
extend the relevant period. It is uncertain if Village Bicycle need to cease operations
after 21 June, 2017 until Council decides the application/request. The condition is
therefore considered to be unclear on this aspect as well.
IV. The above decision notice approves the use within the existing premises between 5am
and 12pm seven (7) nights a week as well as the outdoor dining area between 5am
and 10pm seven (7) nights a week and between 10pm and 12pm on four (4) nights a
week. The condition would mean that the development approval would no longer apply
to the proposed use both within the existing premises and in the outdoor dining area at
all times. The business would therefore need to close unless some form of limited
development was possible under the then relevant planning scheme. This is not only
unclear but unreasonable.
Page 34 of 119
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
(b) Those matters that more specifically identify the applicant’s concern with respect to being in
conflict with relevant provisions of the Sustainable Planning Act include:-
I. Condition 7 identifies a date (i.e. “21 June, 2017”) and not a period from when the
approval takes effect. Section 341 of the Sustainable Planning Act provides the ability
for a development approval to state ‘a different period from when the approval takes
effect’.
II. It is to be noted that the current approval requires works the following works to be
completed and the applicant is agreeable to undertaking such works:-
‘Condition 13: The 2.6m acoustic fence recommended by the approved Acoustic
Report must be erected within 3 months of this approval taking effect. The fence must
meet the construction standards required by the approved Acoustic Report.’
‘Condition 16: Dense native screening shrubs up to 3m in height must be established
on the Bottlebrush Avenue side of the new acoustic fence for its full length to visually
screen the fence.’
Obviously these works will only be commenced if this development approval takes
effect. It is suggested that, despite the condition nominating a date and not a period
from when the development approval takes effect, the 21 June, 2017 date is not
appropriate for a number of related reasons. These reasons include that the
compliance of such conditions may not have had such a sufficient time to have had
any noticeable impact by such a date.
(c) Those matters that more specifically identify the applicant’s concern with respect to a lack of
certainty/finality:-
I. The condition provides no certainty for the applicant as to the continuation of the
approved use noting that it is not possible for the use to be viable for significantly
reduced hours and the like.
II. It is also unrealistic for Council to require the construction of an acoustic fence and
‘dense native screening shrubs’ to grow to grow to at least 3 metre high when the use
may only be viably operate for 10 months from when the approval possibly takes effect
and perhaps 7 months from when the fence is completed and vegetation planted.
III. Condition 7 does not clearly indicate what Council will take into consideration when it
is assessing what is assumed to be a request to extend the relevant period under the
Sustainable Planning Act. The conditions states that I. ‘Council will have regard to any
breach details available from the Office of Liquor & Gaming Regulation and any other
relevant matters’. Such criteria are considered to be vague and uncertain.
IV. The applicant considers that the following are particularly relevant in this regard:-
a. Existing premises has never had a breach issued by the Office of Liquor &
Gaming Regulation and intends for this to continue. However there are some
breaches that could be issued which are of no relevance to whether Council
agrees to extend the relevant period. Such an open reference is not considered
appropriate.
b. More importantly Council is essentially deferring to others such as the Office of
Liquor & Gaming Regulation for a proper determination of a critical town planning
consideration, namely whether the use will continue after 21 June, 2017. The
condition therefore purports to reserve the right to make a further assessment to
others as well as Council and is therefore considered to be clearly ultra vires.
Page 35 of 119
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
c. The reference to ‘other relevant matters’ is a concern because it is considered to
lack finality and therefore offends the finality principle under law and the condition
should be deleted.
d. In this condition Council has essentially reserved the right to restrict hours of
operation should a nuisance occur by refusing to extend the relevant period after
21 June, 2017. There are numerous authorities in different planning regimes in
Queensland and New South Wales where such a condition was deemed to be
unlawful.
e. The condition leaves for later decision an important aspect of the development,
and the decision on that aspect could alter the proposed development in a
fundamental way, namely it will cease as at 21June, 2017. Consequently the
current decision notice with Condition 7 cannot be regarded as final. The
condition offends the finality principle and should therefore be deleted.
V. In any regard, with Condition 7 making such a vague and open reference of Council’s
assessment criteria, it may be that a determined neighbour may continue to lodge
regular complaints directed at the Village Bicycle with Council. To date Council has not
been forthcoming with providing the applicant with any information on such complaints
or even communication with the Office of Liquor & Gaming Regulation. Given the
investigations by Council following certain complaints with the applicant, it would
appear that such complaints can at times relate to other nearby premises and not the
Village Bicycle premises. Council should therefore keep accurate records of any such
complaint and thoroughly investigate each complaint and concisely document its
findings of any such complaint may be considered by Council to be ’any other relevant
matter.’ The applicant should also be given complete access to such complaints and
to Council’s documented findings of any such complete these complaints and/or
findings may be relied on by Council in any way to close Village Bicycle at 21 June,
2017.
[The applicant requests] Condition 7 be deleted from the development permit.
Assessment
To address some of the issues raised above, staff advise:
The application type to extend or remove the lapsing date would be a request to change a
condition of approval under S369 of the Sustainable Planning Act. Provided an application
was received prior the lapsing date, the development would not be considered to lapse while
Council assesses the request.
The lapsing condition is not a relevant period provision under the Act. The development is
already in operation (without a necessary development permit) and, as such, the approval
will take effect at the end of the applicant’s appeal period.
Once the approval takes effect, the applicant cannot choose to delay construction of the
acoustic fence required by Condition 13. The fence must be erected within 3 months.
The intent of Condition 16 requiring landscaping on the Bottlebrush Avenue side of the
acoustic fence is to visually screen the fence – not for acoustic attenuation.
Liquor Licencing breach action has been in abeyance pending the outcome of the subject
development application.
The applicant’s concern with the uncertainty placed on the business by the condition is noted. The
Sustainable Planning Act requires conditions to be reasonable and relevant. As such, they must
relate to relevant assessment provisions. Temporary approvals and sunset clauses are applied in
some circumstances by Council.
Page 36 of 119
Section 37
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
In this case, the condition is understood to have been applied by Councillors to allow review of the
adequacy of acoustic amenity provisions. Council’s concern with acoustic amenity is a relevant
consideration and it is recommended the condition remain unchanged.
Previous Council Consideration
Ordinary Meeting, 11 February 2016, Item 2, Page 7
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 2 February 2016 and defer consideration of Application No.
MCU15/0086 for an Entertainment & Dining Business – Type 1 Food & Beverages at 2 Bottlebrush
Avenue, Noosa Heads to a future Council Meeting at the request of the applicant to allow it to
provide further detail regarding the use of the outdoor dining areas.
Ordinary Meeting, 16 June 2016, Item 1, Page 9
That Council note the reports by the Coordinator Planning Assessment to the Planning &
Organisation Committee Meeting dated 2 February 2016 and the Planning and Environment
Committee Meeting dated 7 June 2016 regarding Application No. MCU15/0086 for a Development
Permit for Material Change of Use for Entertainment & Dining Business Type 1 – Food &
Beverages situated at 2 Bottlebrush Avenue, Noosa Heads and 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 Plan
2. Development undertaken in accordance with this approval must generally comply with the
approved plan of development. The approved plan is listed in the following table and may be
further amended by these conditions.
Plan No. Rev. Plan/Document Name Date
A0 - SITE PLAN October 2015
Nature and Extent of Approved Use
3. The approved use must not operate outside the hours of 5am to 12pm, with use of outdoor
dining area permitted after 10pm only on Friday to Monday nights inclusive.
4. Patrons in the outdoor dining area must be seated and limited to 50.
5. The outdoor dining areas within the site must be in accordance with those shown on the
approved plan, with no more than 40m2 used at any one time.
6. Service vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at
all on Sundays or public holidays.
7. This development permit lapses on 21 June 2017, unless an application is received to extend
the approval. In assessing an extension to the approval, Council will have regard to any
breach details available from the Office of Liquor & Gaming Regulation and any other
relevant matters.
Page 37 of 119
Section 38
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Noise
8. External speakers or amplified music are not permitted.
9. Internal amplified music must be directed away from the Bottlebrush Avenue frontage.
10. Refuse disposal, particularly glass bottles and the like, must be considerate of noise at all
times.
11. Management must ensure patrons leave the premises and street frontage promptly after
nightly closing time and do not mingle or otherwise cause noise nuisance to residents on
Bottlebrush Avenue.
12. The development must be undertaken in accordance with the recommendations of the
Acoustic Report prepared by ATP Consulting Engineers (Reference ATP150314-NIA-02)
dated 24 June 2015 and ATP’s addendum letters dated 9 October 2015 and 10 December
2015.
13. The 2.6m acoustic fence recommended by the approved Acoustic Report must be erected
within 3 months of this approval taking effect. The fence must meet the construction
standards required by the approved Acoustic Report.
14. Noise emissions from any new mechanical equipment associated with the development shall
comply with the following requirements:
14.1 Air-conditioning and Refrigeration
7am to 10pm: Background + 5dB(A)
10pm to 7am: Background + 3dB(A)
15. Written certification must be submitted from a suitably qualified person confirming noise
levels from any new mechanical equipment comply when measured at either the residential
boundary or outside the most exposed part of an affected building, whichever is the closest
to the equipment.
The assessment and certification is required immediately after installation of the equipment
and in a format approved by Council. All equipment should be operating at the same time to
test the overall noise level created.
Advice: It is highly recommended the person you engage to certify the installation is involved
prior to installation of any equipment so they can recommend where equipment is best
located. They can also advise about noise enclosures and make other suggestions to avoid
noise problems. It is a lot more costly to try and deal with noise problems after installation.
Landscaping
16. Dense native screening shrubs up to 3m in height must be established on the Bottlebrush
Avenue side of the new acoustic fence for its full length to visually screen the fence.
Refuse
17. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
Page 38 of 119
Section 39
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Consultation
External Consultation - Community & Stakeholder
Further correspondence was provided by the Office of Liquor and Gaming Regulation.
Internal Consultation
Nil.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance X Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 39 of 119
Section 40
Page 40 of 119
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Page 40 of 119Section 41
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Page 41 of 119
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
.
+Your Reference: MCU 15/0086
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Our Contact: Greg Martoo t
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1916-12 BOTTLEBRUSH AVE
NOOSA HEADS
PO Box 1684
NOOSA HEADS © 4507
Chief Executive Officer : - end aoe
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TEWANTIN Q 4565 at MAGLI BTRRES
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PO BOM 397
Attention: Denis Wallace GYMPIE: 0.4570
-07 5482 7440
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+ wew.martooconsulting. com
Dear Denis,
RE: REPRESENTATIONS TO CERTAIN CONDITIONS
Development Permit for Material Change of Use - Entertainment & Dining Business Type 1 -
Food & Beverages, 2 Bottlebrush Avenue, Noosa Heads, and described as part of Lot 157 on
RP 88772
Reference is made to Council’s Decision Notice dated 17‘ June, 2016 in relation to the above development
application and to the subsequent suspension of the appeal period dated 1 July, 2016 and lodged by Martoo
Consulting in order to make these representations.
The applicant has decided to make representations in response to the following three (3) conditions in the
above decision notice as detailed below:-
Conditions:- 3, 4and 11
Condition 3 — “The approved use must not operate outside the hours of 5am to 12pm, with use of outdoor
dining area permitted after 10pm only on Friday to Monday nights inclusive.”
Representation to Condition 3 —
The original development application requested Council's approval for the outdoor dining component of the
proposed use between the hours of 5am to 12pm Monday to Sunday (i.e. seven days a week).
The applicant appreciates that in the above decision notice Council has approved the use of the outdoor
dining area for four (4) nights a week. The applicant is requesting that Council amend the above decision
notice to approve the seven (7) nights week as originally proposed.
Those matters raised in our submission to Council dated 5'* May, 2016 continue to remain relevant for this
consideration. In summary, these grounds that support the applicant's request include:-
(a) The Village Bicycle Café was established to provide a suitable venue for local residents, particularly
part-time workers in local hospitality industry after venues at which they work at close each night.
Many of these part-time workers who start work mid-afternoon and finish work between 8pm and
10pm. As such, itis preferable for trading hours to extend to 12pm weekdays.
(b) The Village Bicycle operates differently to those surrounding similar venues which appear to target
visitors and holiday makers including backpackers and operate more as a hotel. The Village
© TOWN © URBAN © LAND © DEVELOPMENT
PLANNING DESIGN ~ SURVEYING MANAGEMENT
Page 41 of 119Section 42
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Page 42 of 119
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Bicycle is a venue which deliberately wants to be a place where local residents mingle and interact
in the evenings and where a sense of community is fostered. For example the venue supports local
charities such the Salvation Army during the recent Red Shield Appeal in funding providing aimed at
local youth.
(c) Council has conceded that the proposed use can comply with noise level limitations until 12pm
under noise limits set by Noosa Council which are stricter than those applied under both the State
Liquor Act 1992 and Liquor Regulation 2002 and the State Environmental Protection (Noise) Policy
2008 once a 2.6m high wall is constructed as required by Council in the above decision notice and
in compliance with other conditions of approval. It would therefore seem both logical and
reasonable that if the proposed use is approved to operate on its busiest trading evenings until
12pm four (4) nights a week, then it should not be an issue to operate on the remaining three (3)
nights when local patronage is commonly lower.
(d) Interestingly the feedback obtained by The Noosa Junction Association (who represents business
owners and land owners in The Junction) is that The Junction can appear a somewhat inactive and
uninviting place during these three week nights. The Association is therefore of the opinion that
having The Village Bicycle open during these three (3) nights will assist The Junction be
differentiated from the Noosa Civic and other more retail and commercial focused precincts.
(e) The applicant however has experienced Council’s continued opposition to the use which commonly
only operates in the late afternoons/evenings operating after 10pm between Tuesday and Thursday
any week. As indicated above, the Village Bicycle is operates so as to provide a venue for local
residents, particularly those working in the local hospitality industry. These part-time workers tend
to be better placed to use this type of venue on Tuesday to Thursday nights during holiday periods
when they are likely to be more actively employed because of increased patronage of other
hospitality related venues during such periods.
Requested Response: The applicant requests that Condition 3 be amended as follows:-
3. “The approved use must not operate outside the hours of 5am to 12pm”
Alternatively that Condition 3 be amended as follows:-
3. “The approved use must not operate outside the hours of 5am to 12pm, with use of outdoor dining
area permitted after 10pm only on Friday to Monday nights of Tuesday to Thursday nights when a
public holiday, school holiday (i.e. State school holiday for South-East Queensland) or show holiday
(i.e. Noosa Council area).”
Condition 4 - “Patrons in the outdoor dining area must be seated and limited to 50.”
Representation to condition 4 —
The original application identified areas within which outdoor dining was proposed to occur because, among
other things, of the need to balance that area within the existing premises that will not be used for seating
and the like as a result of this development proposal. Our subsequent submission to Council dated 5 May,
2016 quoted that the applicant can provide up to 70 seats within that outdoor dining area as identified in the
original development application. This submission also identified concern to Council’s requirement for all
patrons to be seated and suggested that following condition —
‘Patrons in the outdoor dining area must be have a seat allocated on the premises and the number of
seats in the extemal dining area is 70.‘
In the above decision notice Council decided to impose the above condition 4. The applicant remains
concerned that confusion could result from that condition as currently worded. The applicant would prefer
that each patron has an allocated seat given that such a condition may further complicate any claims of
Page 42 of 119Section 43
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Page 43 of 119
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
noncompliance of Council’s approval. Council appears to be convinced that only 50 seats are possible
within the proposed outdoor dining area. It is unknown how Council arrived at this figure with such
confidence. In order to further assist Council in this regard, the applicant has prepared the attached scaled
seating diagram which confirms the 70 seats remain possible as previously quoted to Council.
Requested Response: The applicant requests that Condition 4 be amended as follows:
Patrons in the outdoor dining area must be have a seat allocated on the premises and the maximum
number of seats in the external dining area is 70 and generally in accordance with the seating
diagram as provided to Council. ‘
Condition 7 — “This development permit lapses on 21 June 2017, unless an application is received
to extend the approval. In assessing an extension to the approval, Council will have regard to any
breach details available from the Office of Liquor & Gaming Regulation and any other relevant
matters ”
Representations to condition 7 —
The applicant wishes to register a number of concerns with this condition with Council in these
representations. These concerns include that the condition:-
(a) lacks clarity;
(b) is in conflict with relevant provisions of the Sustainable Planning Act; and
(c) lacks certainty/finality.
(a) | Those matters that more specifically identify the applicant's concern with respect to a perceived lack
of clarity include:-
I. Condition 7 states that “an application” needs to be lodged. It is assumed that this
reference is to a type of formal development application under the Sustainable Planning
Act. It is unclear what specific “application” is required to be lodged by this condition. It
may be that Council is referring to a formal request to extend the relevant period under
Section 383 of the Sustainable Planning Act or perhaps the change/deletion of condition 7
is considered by Council to be a permissible change that can occur by a request to change
an existing development approval under Section 369 of the Sustainable Planning Act (as
amended).
Il. Condition 7 suggests that all Council requires is for an “application” to be simply lodged
before 21 June, 2017 and then the current development approval does not lapse. It is
unclear if that “application” needs to be also decided and approved by Council.
Ul. Procedurally, Condition 7 does not address the status of this current development approval
between 21 June, 2017 and any Council approval of the assumed request to extend the
relevant period. It is uncertain if Village Bicycle need to cease operations after 21 June,
2017 until Council decides the application/request. The condition is therefore considered to
be unclear on this aspect as well.
IV. The above decision notice approves the use within the existing premises between 5am and
12pm seven (7) nights a week as well as the outdoor dining area between 5am and 10pm
seven (7) nights a week and between 10pm and 12pm on four (4) nights a week. The
condition would mean that the development approval would no longer apply to the
proposed use both within the existing premises and in the outdoor dining area at all times.
The business would therefore need to close unless some form of limited development was
possible under the then relevant planning scheme. This is not only unclear but
unreasonable.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Page 44 of 119
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
(b) Those matters that more specifically identify the applicant's concern with respect to being in conflict
with relevant provisions of the Sustainable Planning Act include:-
|. Condition 7 identifies a date (i.e. “21 June, 2017”) and not a period from when the approval
takes effect. Section 341 of the Sustainable Planning Act provides the ability for a
development approval to state ‘a different period from when the approval takes effect’.
Il. It is to be noted that the current approval requires works the following works to be
completed and the applicant is agreeable to undertaking such works:-
‘Condition 13: The 2.6m acoustic fence recommended by the approved Acoustic Report
must be erected within 3 months of this approval taking effect. The fence must meet the
construction standards required by the approved Acoustic Report.’ .....
‘Condition 16: Dense native screening shrubs up to 3m in height must be established on
the Bottlebrush Avenue side of the new acoustic fence for its full length to visually screen
the fence.’
Obviously these works will only be commenced if this development approval takes effect.
It is suggested that, despite the condition nominating a date and not a period from when
the development approval takes effect, the 21 June, 2017 date is not appropriate for a
number of related reasons. These reasons include that the compliance of such conditions
may not have had such a sufficient time to have had any noticeable impact by such a date.
(c) Those matters that more specifically identify the applicant's concern with respect to a lack of
certainty/finality:-
|. | The condition provides no certainty for the applicant as to the continuation of the approved
use noting that it is not possible for the use to be viable for significantly reduced hours and
the like.
ll. It is also unrealistic for Council to require the construction of an acoustic fence and ‘dense
native screening shrubs’ to grow to grow to at least 3 metre high when the use may only
be viably operate for 10 months from when the approval possibly takes effect and perhaps
7 months from when the fence is completed and vegetation planted.
Ill. | Condition 7 does not clearly indicate what Council will take into consideration when it is
assessing what is assumed to be a request to extend the relevant period under the
Sustainable Planning Act. The conditions states that ... ‘Council will have regard to any
breach details available from the Office of Liquor & Gaming Regulation and any other
relevant matters’. Such criteria are considered to be vague and uncertain.
\V. | The applicant considers that the following are particularly relevant in this regard:-
a. Existing premises has never had a breach issued by the Office of Liquor &
Gaming Regulation and intends for this to continue. However there are some
breaches that could be issued which are of no relevance to whether Council
agrees to extend the relevant period. Such an open reference is not considered
appropriate.
b. More importantly Council is essentially deferring to others such as the Office of
Liquor & Gaming Regulation for a proper determination of a critical town planning
consideration, namely whether the use will continue after 21 June, 2017. The
condition therefore purports to reserve the right to make a further assessment to
others as well as Council and is therefore considered to be clearly ultra vires.
c. The reference to ‘other relevant matters’ is a concern because it is considered to
lack finality and therefore offends the finality principle under law and the condition
should be deleted.
Page 44 of 119Section 45
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
d. In this condition Council has essentially reserved the right to restrict hours of
operation should a nuisance occur by refusing to extend the relevant period after
21 June, 2017. There are numerous authorities in different planning regimes in
Queensland and New South Wales where such a condition was deemed to be
unlawful.
e. The condition leaves for later decision an important aspect of the development,
and the decision on that aspect could alter the proposed development in a
fundamental way, namely it will cease as at 21June, 2017. Consequently the
current decision notice with Condition 7 cannot be regarded as final. The condition
offends the finality principle and should therefore be deleted.
V. In any regard, with Condition 7 making such a vague and open reference of Council’s
assessment criteria, it may be that a determined neighbour may continue to lodge regular
complaints directed at the Village Bicycle with Council. To date Council has not been
forthcoming with providing the applicant with any information on such complaints or even
communication with the Office of Liquor & Gaming Regulation. Given the investigations by
Council following certain complaints with the applicant, it would appear that such
complaints can at times relate to other nearby premises and not the Village Bicycle
premises. Council should therefore keep accurate records of any such complaint and
thoroughly investigate each complaint and concisely document its findings of any such
complaint may be considered by Council to be ..’any other relevant matter.’ The applicant
should also be given complete access to such complaints and to Council’s documented
findings of any such complete these complaints and/or findings may be relied on by
Council in any way to close Village Bicycle at 21 June, 2017.
Requested Response: That Condition 7 be deleted from the development permit.
The applicant requests that these representations be assessed by Council as soon as possible and that
Council issues a Negotiated Decision Notice which amends the original Decision Notice as requested
above.
Please do not hesitate to contact our Sunshine Coast office if Council requires any further information and/or
clarification in relation to these representations.
Yours faithfully,
OOS” tl
A pty Of - >
Z ff —
fff VAAN G9
Greg Martoo
Principal
martoo consulting
Encl. (1)
Seating Diagram for Village Bicycle
Page 45 of 119Section 46
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
6 MCU16/0012 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR
RETAIL BUSINESS TYPE 2 - SUPERMARKET AT 5 GARNET STREET, COOROY
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM / Application / MCU16/0012
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Creekgold Pty Ltd TTE
Proposal Development Permit for Material Change of Use of Premises
Retail Business Type 2 - Supermarket
Properly Made Date 17 February 2016
Information Request Date 2 March 2016
Information Response Date 28 June 2016
Decision Due Date 18 August 2016
PROPERTY DETAILS
Property Address 5 Garnet Street, Cooroy
RP Description Lot 14 RP 845961
Land Area 3,035m²
Existing Use of Land Previously Wimmers Soft Drinks & Cooroy Mountain Spring
Water factory
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroy and lake Macdonald
Zone Business Centre
Overlays No Overlays
Assessment Type Code Assessable
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 9 August 2016 regarding Application No. MCU16/0012 for a
Development Permit for Material Change of Use of Premises Retail Business Type 2 - Supermarket
situated at 5 Garnet Street, Cooroy and 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 undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
DA02 J Prop. Site Plan, prepared by Verve Building design & 28.06.2016
Concepts
DA03 L Car Park, prepared by Verve Building design & 28.06.2016
Concepts
DA04 L Ground Floor Plan, prepared by Verve Building design 28.06.2016
& Concepts
DA05 G Building Elevations & Perspectives, prepared by Verve 28.06.2016
Building design & Concepts
DA06 G Building Elevations & Perspectives, prepared by Verve 28.06.2016
Building design & Concepts
DA07 G Building Elevations & Perspectives, prepared by Verve 28.06.2016
Building design & Concepts
DA08 E Building Elevations & Perspectives, prepared by Verve 28.06.2016
Building design & Concepts
DA10 E Site Sections, prepared by Verve Building design & 28.06.2016
Concepts
DA12 C Rendered Perspectives, prepared by Verve Building 28.06.2016
design & Concepts
Pedestrian Access
3. Pedestrian access must be provided to Wimmers Lane from the ‘at grade/street level’ car
park. A car space may be removed to accommodate the access and the balance of the car
space landscaped.
4. The Approved Plans must be amended to incorporate the amendments listed within this
Decision Notice and resubmitted to Council prior to the issue of any Development Permit for
Operational Works*.*(Refer to Advisory Note)
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Building Height
5. The maximum height of the development must not exceed the Reduced Levels (RL) indicated
on the approved plans.
6. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
7. Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to
requesting the pre-start meeting. 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
8. 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.
Nature and Extent of Approved Use
9. The approved use must not operate outside the hours of 6am to 10pm, 7 days per week.
10. Delivery vehicles and associated activities must be limited to between 7:00am to 6:00pm
Monday to Saturday and not permitted on Sunday or public holidays.
Building Appearance
11. The external finishes to the western wall must be in accordance with the approved plans.
The colour scheme of the wall must provide interest, reflect the character of Cooroy and
submitted to Council prior to the issue of an Operational Works approval.
12. All mechanical equipment located on the site must be:
a. located not less than 2 metres from a property boundary
b. fully enclosed or screened such that they are not visible from the street frontages nor
adjoining properties. Where screened by landscaping, landscaping beds must be at
least 1.5 metres wide.
Weather Protection
13. The street awning must be provided as shown on the approved Site Plan. The awning must
be designed to provide solar and rain protection and promote all weather activity.
Landscaping Works
14. The development site must be landscaped. The works must be undertaken generally in
accordance with the approved plans, Planning Scheme Policy PSP 3 Landscaping Plants
and Guidelines and in accordance with an Operational Works approval and must include in
particular:
a. the works shown on the Approved Plans
b. an arborists report that provides the following but not limited to:
i. an assessment of the scope of works around the street trees
ii. a detailed recommendation for the method of construction near the trees to
ensure their health and vigour
c. all street trees must be retained except for the tree proposed to be removed for the
new crossover
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
d. the retention of the eucalypt located in the south eastern corner of the site
e. one centrally located car space along the eastern boundary must be removed and
replaced with landscaping which includes 1 x 100lt canopy tree
f. three (3) 100lt canopy trees in the car parking area located:
i. at each end of the central car spaces
ii. in the garden near the bike racks/seating area
g. the ‘road dedication’ land must be landscaped except where it is required for the vehicle
crossover and pedestrian access from the lower level car park
h. outdoor seating must be wholly within the site.
15. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures 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
Frontage Works
17. The full frontage of the subject site to Garnet Street must be upgraded generally in
accordance to the approved plans. The works must be undertaken in accordance with an
Operational Works approval and must include in particular:
a. construction of pedestrian concrete pathway 2.0m wide in accordance with the
requirements of Council specifications. Where necessary, the new pathways must be
extended beyond the frontage of the site to smoothly connect to the existing adjoining
pathway and achieve grades in compliance with the current standards
b. adjustment to, or the upgrade of, any existing underground services where necessary
c. removal of any unneeded or abundant underground pipelines (eg existing stormwater
pipeline)
d. relocating any existing aboveground public signs, fixtures, bins etc where required
e. replacement of any damaged sections of the existing kerb and channel
f. removal of any redundant property access and reinstatement of the kerb, footpath and
verge area to match the balance of the site frontage, including the provision of topsoil
and seed/turf for grassed verges as necessary
g. amendment and/or reinstatement of existing road linemarking.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-
trunk infrastructure.
18. The full frontage of the subject site to Wimmers Lane must be upgraded generally according
to the approved plans. The works must be undertaken in compliance with an Operational
Works approval and must include in particular:
a. crossover for the loading bay/strip incorporating a public footpath zone (1.5m wide)
landscape/grassed verge
b. a public footpath for the full frontage to Wimmers Lane
c. replacement of any damaged sections of the existing kerb and channel
d. removal of any redundant property crossover and reinstatement of the kerb, footpath
and verge area to match the balance of the site frontage.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-
trunk infrastructure.
19. All line marking for the modification to on-street parking, signage and installation of Raised
Reflective Pavement Markings (RRPM’s) must be undertaken in accordance with an
Operational Works approval and in compliance with the Manual of Uniform Traffic Control
Devices (MUTCD).
Site Access and Driveway
20. A sealed access driveway must be provided from Garnet Street to all parking and
manoeuvring areas of the development generally in accordance with the approved plans.
The works must be undertaken in compliance with an Operational Works approval and must
include in particular:
a. a driveway crossover in accordance with IPWEAQ standard drawing RS-051 at an
overall width not exceeding 9.0m
b. grades are to allow for compliant concrete pathway along the frontage
c. the modification, adjustment or relocation to any existing services affected by the
driveway construction
d. suitable safety measures, including warning signage, to improve driver awareness of
pedestrians and enhance pedestrian safety. Warning signage must be provided near
the exit driveways to warn motorists of pedestrian movement along the frontage
streets.
Car Parking
21. A minimum of 70 car parking spaces and 8 motor cycle spaces must be provided and marked
on the site generally in accordance with the approved plans and the relevant Australian
Standards. The works must be undertaken in compliance with an Operational Works
approval and must include in particular:
a. parking spaces Nos 31 to 37 must be allocated for staff parking, which is to be clearly
marked for that purpose
b. 2 disabled parking spaces within the total
c. 1 van loading zone in addition to the above required spaces
22. 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.
23. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
Loading Zone and Service Vehicles
24. Service vehicle parking, manoeuvring and standing spaces must be provided on the site via
Wimmers Lane generally in accordance with the approved plans, consultation with Council
and the response to Council’s information request by Pekol Traffic & Transport dated 28 June
2016. The works must be undertaken in accordance with an Operational Works approval and
must include in particular:
a. loading bay for a HRV
b. loading bay for refuse vehicle MRV.
Bicycle Facilities
25. Ten (10) bicycle parking spaces, 5 lockers and 1 shower cubicle with ancillary change room
must be provided for the development. Three (3) bicycle parking spaces may be provided
within the lower level/basement car park.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Electricity and Telecommunication Services
26. 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.
27. Certification must be submitted to Council from all relevant service providers which certifies
that the development has met the applicable legislation at the time of construction.
Undergrounding of Existing Overhead Power Connection
28. The existing overhead electricity connections to the site must be removed and any new
connection service must be provided underground.
Third Party Services
29. All necessary approvals from external service providers (eg Unitywater) and external parties
on which the development works are proposed or impacted on must have been obtained and
a copy of approval/s supplied to Council prior to obtaining Development Permit for
Operational Works.
Road Dedication
30. Prior to commencement of the use, a 1.5m wide road dedication for the length of the frontage
of the site along Wimmers Lane must be registered against the title of the property. All plans
submitted for Development Permit for Operational Works must show the required road
dedication. The dedication must be granted at no cost to Council.
Easements
31. 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.
32. Draft easement documentation must be submitted to Council for endorsement.
33. 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
34. All fill and associated batters must be must be undertaken in accordance with an Operational
Works approval and in compliance with the provisions of Australian Standard AS3798:
Guidelines on Earthworks for Commercial and Residential Developments. All earthworks
must be contained entirely within the subject site unless written permission from the
respective landowner(s) is provided to Council.
Stormwater Drainage
35. Stormwater drainage works must be undertaken in accordance with an Operational Works
approval. The works must be generally in accordance with Drawing No P002 Rev E - Job No
15087 dated 27/06/2016 and titled Preliminary Stormwater Drainage Layout and Details,
prepared by VT Consulting Engineers and must include but not be limited to:
a. removal of the redundant sections of the 525mm RCP stormwater drainage pipeline
within the site and in the Garnet Street road reserve
b. amendment to the alignment of the proposed 750mm by connecting the new pipeline
directly into the existing downstream stormwater manhole on the vehicular crossover
for Lot 46 C5602 (No 4 Emerald Street) on the opposite side of Wimmers Lane.
c. Investigation of the capacity and the condition of the existing downstream system to
ensure:
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
i. No adverse impact on operation of the existing stormwater system.
ii. No additional surcharge due to the new stormwater works, or only controlled
surcharge in accordance with the requirements of QUDM.
iii. CCTV investigation and field inspection report of the existing downstream system
extending to Emerald Street must be submitted to Council to demonstrate that
the downstream system is in good condition and all required repair or
improvements works are identified.
d. where necessary, undertaking upgrade or improvement works on the receiving
stormwater drainage system to ensure the overall stormwater drainage system
functions in accordance with the requirements of QUDM and/or to the satisfaction of
Council.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-
trunk infrastructure.
Stormwater Quality and Sensitive Design
36. 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, The Noosa Plan, The Queensland State Planning Policy and the Queensland
Urban Drainage Manual.
37. A stormwater quality treatment system to achieve the pollution reduction target of 90%
reduction in Gross pollutants, 80% reduction in Total Suspended Solids, 60% reduction in
Total Phosphorous and 45% reduction in total Nitrogen, compared to an unmitigated site
must be provided for the development. The design to achieve this must obtain Operational
Works approval and include:
a. stormwater quality treatment devices of a capacity and location generally in
accordance with those shown in section 5c-f of the of the Proposed Supermarket
Development Engineering Report & Stormwater Management Plan Rev C
b. RPEQ certification that the proposed proprietary device is consistent with the
Stormwater Australia SQID protocol (or its draft version)
c. the stormwater design must:
i. be in accordance with the endorsed design guide relevant to the stormwater
quality treatment devices
ii. incorporate a high flow bypass if peak flows into the system exceed 50L/s (or as
otherwise relevant for the stormwater quality treatment devices)
iii. be provided with energy dissipation to prevent re-suspension of accumulated
sediment
d. be designed such that the siphon activates following a 5mm rainfall event over the
catchment area of the device, or other equivalent activation relevant for the stormwater
quality treatment devices.
38. All stormwater quality treatment devices must be routinely checked, serviced and cleaned in
accordance with the manufacturer’s recommendations. Records of all maintenance activities
undertaken must be kept and made available to Council upon request. Where replacement
cartridges or other necessary components for the system become unavailable, an alternative
system is required to be retrofitted into the development to achieve an equivalent pollutant
reduction outcome.
39. Prior to commencement of use, a copy of a signed supply agreement between the site
operator and the stormwater filtration system supplier for the replacement of the stormwater
quality treatment device cartridges must be provided to Council. The supply agreement must
be for at least ten (10) replacement events.
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Stormwater Harvesting
40. Operating stormwater harvesting tanks must be provided for the development and must
include re-use of harvested rainwater for internal non-potable uses and outdoor uses.
Damage to Services and Assets
41. 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.
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.
ENVIRONMENTAL HEALTH
Acoustic Report –Design Stage
42. An acoustic report prepared by a suitably qualified person* must be submitted to council that
addresses the noise impacts from plant and equipment etc. on nearby residences and
commercial areas of Wimmers Lane and Garnet Street at the detail design stage prior to
commissioning the equipment. The acoustic report must demonstrate compliance with the
requirements specified in Table 1 of this Decision Notice when measured at either the
residential boundary or outside the most exposed part of an affected building, whichever is
the closest to the equipment. The acoustic report must address the following:
mechanical equipment such as a/c units, motors, refrigeration equipment,
compressors, pumps, rooftop plant and equipment, ventilation, fans, plant rooms,
refuse compactors and pumps etc. and;
the location of any plant and associated equipment,
measured background noise levels
a description of acoustic enclosures and screenings if used
attenuation measures to comply
Noise - Mechanical Plant and Equipment
43. Mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors,
pumps, rooftop plant and equipment etc. must be situated within the building where possible
or suitably provided with noise reduction measures and located as to prevent a noise
nuisance beyond the boundary of the site and not exceed the levels specified in Table 1 of
this Decision Notice.
TABLE 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
Noise level at noise sensitive place measured as the adjusted
PERIOD
maximum sound pressure level (L10, adj,T)
7am – 6pm Background noise level (L90,T) plus 5 dB(A)
6pm – 10pm Background noise level plus 5 dB(A)
10pm – 7am Background noise level plus 3 dB(A)
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NOISE LIMITS AT A COMMERCIAL PLACE
Noise level at a commercial place measured as the adjusted
PERIOD
maximum sound pressure level (L10, adj,T)
7am – 6pm Background noise level (L90,T) plus 10 dB(A)
6pm – 10pm Background noise level plus10 dB(A)
10pm – 7am Background noise level plus 8 dB(A)
44. When requested by Council, a Noise Impact Assessment Report (NIAR) showing monitoring
and recording of noise levels must be undertaken to investigate any complaint (other than a
frivolous or vexatious complaint) caused by noise emissions from operations at the premises.
Such monitoring must be undertaken within a reasonable and practicable timeframe
nominated by council and be performed by a suitably qualified person* in accordance with
accepted guidelines and standards. The report is to be submitted to council detailing the
results of such monitoring and recommendations for any measures to achieve compliance
with limits outlined in Table 1 of this Decision Notice.
45. Measurement of sound pressure levels (adjusted for tonality and impulse) must be in
accordance with Australian Standard AS1055.1 “Acoustics – Description and measurement
of environmental noise – General procedures”.
Outdoor Lighting Devices
46. Lighting associated with the use must be designed, sited, installed and tested to comply with
Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of
outdoor lighting” using a control level of 1.
47. Certification must be submitted to council from a suitably qualified person* prior to
commissioning the operation of the development which certifies that all outdoor lighting
devices comply with AS4282-1997 and the requirements of this Decision Notice.
Kitchen Exhaust
48. Kitchen exhaust points for the development must be located and operated in accordance
with Australian Standard AS1668.2-2002 “The use of ventilation and air-conditioning in
buildings” (specifically Section 5.10 – Air Discharges).
49. The development must be constructed with reticulated ducting inside the building where
possible and must transfer kitchen exhaust fumes to a vertical discharge point on the roof.
50. Certification must be submitted to council from a qualified person* prior to commissioning the
operation of the mechanical exhaust ventilation system for the kitchen which certifies that the
system complies with AS1668.2-2002 and the requirements of this Decision Notice.
Waste Disposal
51. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and
Industrial Premises” and an operational works approval. The facilities must include an
external impervious area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties. 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. This can be achieved
with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the
waste area can be roofed, or any other design approved by Council.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
52. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
53. A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9
“Waste Management Multi-Dwellings and Commercial and Industrial Premises”, must be
submitted for the day-to-day operation of the development and approved by Council’s Health
Section prior to issue of development permit for operational works. The Waste Management
Plan must include the following:
the types of waste that will be generated from the activities approved within the
development
estimated volumes or tonnage of both recyclables and waste generated
methods to be used for dealing with garden waste
initiatives to minimize waste either by waste prevention, reduction, re-use or recycling
description of procedures for getting all waste to the bins; the storage of bins and the
collection of bins by the contractor
a detailed description of vehicular access to collect waste. Where collection is off
street, access must allow vehicles to enter and leave the site in a forward direction.
REPORT
1. PROPOSAL
The application seeks approval for a single tenancy supermarket with a use area of 1,078m² on
the old Wimmers factory land which fronts Garnet Street and Wimmers Lane, Cooroy.
The supermarket is proposed as a full service IGA but with more focus on fresh food and gourmet
lines than traditional IGA businesses. The owner (who also owns the existing IGA in Cooroy)
indicates it will have a different internal look and feel to the old-fashioned supermarket ‘box’ layout
and run a different specials program to the existing IGA.
The proposal presents as a single storey building to Garnet Street and uses tilt panel construction
with external finishes consisting of stack bonded brick work, vertical timber look cladding and
stained timber cover battens. An entry court, seating and landscaping presents to Garnet Street.
A street awning covering a new footpath runs the length of the building while retaining all street
trees in Garnet Street except for 1 tree, which is proposed to be removed.
Small van deliveries are proposed to access from Garnet Street while HRV/MRV deliveries and
waste collection are accessed from Wimmers Lane. Seventy two (72) car spaces and 8
motorcycles spaces are provided in a ‘basement’ and ‘at grade/street level’ and 7 bicycle spaces
provided near the supermarket entrance on Garnet Street. Figure 1 below shows a rendered
perspective and the elevation from Garnet Street and Figure 2 are views from Wimmers Lane.
The application is before Council because of its significance for Cooroy.
Page 55 of 119
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Figure 1 – Views from Garnet Street.
Page 56 of 119
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Figure 2 - View from Wimmers Lane.
2. SITE DETAILS
2.1. Background
The land historically has been used for Wimmers Soft Drinks and, more recently, Cooroy Mountain
Spring Water businesses.
2.2. Site Description
The rectangular shaped lot has approximately 60m frontages to both Garnet Street and Wimmers
Lane. The lot accommodates the disused Wimmers Soft Drink building, which covers most of the
site, except for some hardstand area to the east side of the lot. The lot has approximately 3m of
slope from Garnet Street down to Wimmers Lane.
A garden with a mature eucalypt and some palm trees exists in the south east corner of the lot.
An existing stormwater easement conveys stormwater from pits in Garnet Street to pits in Wimmers
Lane. Figures 3 and 4 show the existing Garnet Street and Wimmers Lane frontages.
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Section 58
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Figure 3 – Existing Garnet Street frontage
Figure 4 – Existing Wimmers Lane frontage
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
2.3. Surrounding Land Uses
The site is adjoined by typical commercial uses to the east and west, except for 1 directly to the
west, which appears to be residential (the building closest to Wimmers Lane).
Directly to the north across Wimmers Lane are commercial uses, including recently approved
shops and offices on vacant land. Further to the west along Wimmers Lane are 2 residential uses
and a church hall and to the east are commercial uses.
Wimmers Lane provides sole vehicle access to some of these developments.
The subject site adjoins land affected by The Noosa Plan’s Heritage Character Area Overlay but
is not within the overlay area itself.
To the south across Garnet Street is the Cooroy Hotel and residential uses. Figure 5 below
identifies the subject site and some of Cooroy’s landmarks.
Figure 5 – Location aerial
Page 59 of 119
Section 60
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policy 2014 (SPP)
State Planning Policy Part E - Interim Development Assessment Provisions for Water Quality
applies to the development. A stormwater management plan has been submitted that
demonstrates compliance with the Acceptable Outcomes of the SPP code: Water quality.
Conditions are recommended to ensure compliance with the SPP.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Cooroy and Lake Macdonald Locality and is zoned Business
Centre. The proposed use is identified as consistent within the zone and is required to follow a
code assessable application process (with no public notification required). The supermarket
continues the strip shopping still apparent in Cooroy’s business centre and also supports Cooroy’s
role as the major business centre for Noosa’s hinterland area.
Cooroy and Lake Macdonald Locality Provisions
Specific Outcomes O48, O53, O54 and O56 and Probable Solution S58 require the following built
form provisions for development in Cooroy’s Business Centre zone:
O48 Cooroy business centre maintains its vibrant country town character through—
a) wide streets with on-street parking;
b) strip style development;
c) paved outdoor meeting and dining areas;
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Section 61
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
d) space for public art on footpaths; and
e) pedestrian friendly low-speed traffic environment.
O53 Buildings and structures within Cooroy’s Business Centre—
a) are a mixture of original lowset timber frame buildings and compatible new buildings;
b) are lowset single or double storey with second storeys set back from the property frontage;
c) are consistent in bulk and scale to buildings on adjacent premises;
d) incorporate awnings, supported by timber posts, with intimate pedestrian spaces below
awnings;
e) mount signage above awnings on parapet walls; and
f) incorporate transparent glazed shop fronts that add interest to the street
O54 Buildings are compatible with existing buildings including Federation and Art Deco styles,
without necessarily mimicking such styles, through—
a) roofs generally concealed behind parapet walls and not seen from the street;
b) the main entrance visually emphasised in the centre of the ground floor façade;
c) detailing and articulation for horizontal emphasis including awnings, parapet walls and first
floor balconies; and
d) signage befitting the architectural integrity of the building;
O56 Carparking does not visually dominate the streetscape.
Probable Solution S58.1 Street awnings—
a) are provided along the full frontage of the building and cover the footpath;
b) are set back 1m from the kerb;
c) are water proof;
d) are cantilevered;
e) include timber posts set back not less than 1m from the kerb
f) use an awning slope of within 15 degrees of adjacent awnings; and
g) are no more than 500mm higher or lower than adjacent awnings that are less than 2m away;
and
h) are designed and constructed to allow for the unencumbered growth of existing street trees;
or
i) are no higher than 3m in height.
The proposal presents single storey with direct access to Garnet Street maintaining the strip style
development the code seeks. While the customer entry is not centrally located, it is emphasised
by having a forecourt to Garnet Street with seating in a garden setting (refer to Figure 1 above for
a perspective of the forecourt). The proposed roof is concealed behind a traditional style parapet
and the design uses a range of external finishes including timber look cladding and stack bonded
brick work, which are materials consistent with the developed character of Cooroy.
The street awning, entry roof and articulated parapets provide the horizontal elements the Code
seeks. The street awning runs the width of the building and covers a new 2m wide footpath while
maintaining the existing character street trees. The built form is not traditional Federation or Art
Deco style, but given the above design elements, the proposal is a contemporary design that is
compatible with, but does not mimic, the historical architecture seen in Cooroy.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
A generous 5.8m landscaped setback is provided to the nearest car spaces facing Garnet Street
with a mature eucalypt being retained within this garden. A wine glass shaped median strip garden
will screen the centrally located spaces. The car parking area does not dominate the streetscape
being well screened by a landscaped setback.
The relevant planning provisions for the proposal are identified in Table 1 below:
Table 1 – Planning Scheme Parameters
Criteria Planning Scheme Proposal Complies
Site Area 3035m² 600m²
Plot ratio 1312 m²
0.8 up to 2,000m²; and 1938.5 m² max 0.43:1
0.3 for the balance over 2,000m²
Landscaped open space 10% of 303 m² min 288 m² (9.5%) X
site
Building height
storeys 2 storeys max 3 storeys X
metres 8 metres 9.4 metres X
Boundary setbacks
Frontage - Garnet Street 0 metres min 0.175 metres
Frontage – Wimmers Lane 0 metres min 1.5 metres
Side - West 0 metres min 0 metres
Side - East 0 metres min 14.5 metres
Carparking 71 spaces 74 car spaces
Use Area = 1078m² for car consisting of 72
parking calculation car spaces and 8
motor cycle
spaces
Bicycle Spaces 13 bicycle spaces 7 bicycle spaces
End of Trip Facilities* shown. Sufficient
space provided in
*(required only where 5 + spaces
basement.
are required) End of trip facilities X
End of trip
facilities
Landscaping
The proposal is deficient of 0.5% (15m²) of landscaping and does not provide 1 canopy tree for
every 4 lineal car spaces as required by the Probable Solutions of the Landscaping Code. The
Code seeks to reduce the visual impact of car parking areas, alleviate urban ‘heat sink’ and to
retain existing mature trees.
While the proposal is deficient of 15m² of landscaping, the majority of landscaping is to the Garnet
Street frontage providing good screening to the car parking. Customer seating and bicycle hoops
are provided near the forecourt entry in a garden setting which also softens any car park impact.
Notwithstanding the above, additional shade trees could be provided in the car park to alleviate
urban ‘heat sink’.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
The development provides 3 excess car spaces to the Planning Scheme requirements. Given
these excess car spaces, 1 space along the eastern boundary could be conditioned to be replaced
by landscaping and incorporate a canopy tree. Conditions are also recommended requiring the
retention of mature trees in the site’s footpath reserve and incorporating 100lt canopy tree plantings
within the site.
Building height
Probable Solution S7.1 requires building height of 8m and 2 storeys. The proposal seeks a building
height of 9.4m and 3 storeys to a portion of the ‘rear’ or ‘back of house’ of the building which faces
Wimmers Lane. The third storey (mezzanine) is 5m wide and 11m long and is to be used for an
office, WC, staff room and a plant room.
Given the proposal does not comply with the Probable Solution; it must be assessed against the
corresponding Specific Outcome O7 and relevant Overall Outcomes of the Code which read:
6.8.2 The overall outcomes sought for the Cooroy & Lake Macdonald Locality are the following—
a) New uses and works are located, designed and managed to—
i be compatible with other uses and works;
ii maintain the safety of works;
iii avoid significant adverse impacts on the amenity enjoyed by users of other
premises, including acoustic and visual qualities; and
iv avoid significant adverse effects on the natural environment, including native
habitat removal, fragmentation and attrition;
Specific Outcome O7 Buildings and other structures—
a) are low rise and present a building height consistent with structures on adjoining and
surrounding premises;
b) have a maximum building height of 2 storeys;
c) do not visually dominate the street, surrounding spaces or the existing skyline;
d) preserve the amenity of surrounding land uses;
e) respect the scale of existing vegetation; and
f) respond to the topography of the site by avoiding extensive excavation and filling.
The proposal’s roof is approximately 3.5m lower than both of the eastern adjoining developments
roofs and consistent in height to the western development’s roof near Garnet Street, but
substantially higher than the adjoining cottage near Wimmers Lane. The applicant has provided a
streetscape comparison of Garnet Street shown in Figure 6 below.
Figure 6 – Streetscape height comparison
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Section 64
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
While the proposal is significantly higher than the adjacent cottage near Wimmers Lane, the
parapet height is approximately 0.5m lower than the existing building’s roof. Furthermore, the
adjoining development historically has had a high block wall on the boundary as seen in Figure 7
below.
Figure 7 – Block wall on the western boundary of the subject site. The cottage to the left side of
image.
A 5m wide 3 storey portion (mezzanine) is setback 1.5m from Wimmers Lane and houses a plant
room, staff room and office space. The mezzanine is deemed to be a 3rd storey as the portion of
the car park located directly below the mezzanine does not constitute a basement under The
Noosa Plan. This portion of the car park protrudes significantly above the natural ground level due
to the sites slope having a fall of approximately 3m from the sites Garnet Street frontage to
Wimmers Lane. Given the small size of the additional storey, it does not add to building bulk and
is hidden by design (i.e. is not perceptible as a storey due to the building façade), and raises no
concerns. Figure 8 below shows the 3 storey portion.
Page 64 of 119
Section 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Figure 8 – Wimmers Lane back of house views with the 3 storey portion outlined in red
The additional building height consists of the third storey, parapets and screening devices that hide
service infrastructure on the roof. The parapets are features of the architectural design and reflect
Cooroy character elements. The proposal does not dominate its primary frontage (Garnet Street),
as it presents a height consistent with surrounding buildings. The proposal adjacent to Wimmers
Lane preserves the existing amenity having a building height lower than exists and similar to other
building heights in the immediate area. Overall, the proposed building height is considered to meet
the Overall Outcomes of the Code and Specific Outcome O7.
Wimmers Lane
Wimmers Lane widening
Specific Outcomes O4 and O5 of the Cooroy and Lake Macdonald Locality Code promote the use
of laneways for access to new uses in Cooroy. In particular Specific Outcome O5 is relevant to this
development having deliveries from Wimmers Lane and reads:
Specific Outcome O5 - Access for new uses is only taken off a laneway where upgrading works
are carried out to the laneway to enable the laneway to accommodate the anticipated levels of
traffic.
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Section 66
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Currently, Council does not have a strategy for the use of or for improvements to Wimmers Lane.
However, Council has established a practice of requiring previous developments to dedicate 1.5m
of land to Wimmers Lane road reserve or provide a Public Thoroughfare easement. Figure 9 below
shows the location of the previous land dedications and approved Public Thoroughfare easement
(yet to be developed). Council’s Infrastructure Planning and Design section indicates that a
Pedestrian and Access study of Cooroy, which will include Cooroy’s laneways is likely to be
undertaken in 2016/2017.
Figure 9 – Location of dedications and public thoroughfare easement
The reasons for the previous dedications and public thoroughfare easement were:
A development required additional road width to provide safe vehicle access, being located
on the corner of Wimmers Lane and Wattle Street
a redevelopment immediately adjoining the above development extended the road widening
the Emerald Street development’s approved Public Thoroughfare easement extended the
possibility to widen the Lane
Therefore, a 1.5m wide road widening is consistent with road widening required by other
developments on the southern side of Wimmers Lane and a condition is recommended
accordingly.
Traffic Impacts
The applicant submitted a Traffic Impact Assessment (TIA) which assessed the impacts of the
development on the surrounding road system. Council engaged an external traffic consultant to
review the TIA. A variety of issues were raised and addressed in the information response, except
for the 2 matters discussed below.
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Section 67
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Wimmers Lane
A 36m wide ‘roll over’ kerb is proposed in Wimmers Lane to accommodate HRV and MRV delivery
vehicles as shown in Figure 10 below.
Figure 10 – Location of the ‘roll over’ kerb
Council’s traffic consultant suggests that such a wide ‘roll over’ kerb is not a preferred outcome as
it is not ideal for pedestrian movements. However, The Noosa Plan encourages Wimmers Lane
for vehicle use (such as a service laneway) and there is no future planning to suggest otherwise.
The extended crossover is supported by Council’s engineers and conditions are recommended
requiring detailed design at the operational works stage.
Garnet Street sight lines
In year 2027 at peak hour the modelled queue length from the Garnet St/Myall St/Maple St
roundabout will impede sight lines of right turn vehicles leaving the site. The queue length is
projected to be 32.9m (4.6 vehicles) meaning that 1 vehicle length will impede the sight line. While
this is not a preferred outcome, the queue is also modelled to be moving relatively quickly in a slow
speed environment. It is considered this minor impediment at peak hours in 2027 for only for a
short period is acceptable to maintain the safety of those turning right. Figure 11 provides a
depiction of the 2027 situation.
Page 67 of 119
Section 68
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
Figure 11 – Sight line diagram annotated to show the 2027 peak hour queue
Other Planning Matters
Specific Outcome O52 requires pedestrian connectivity between business uses is enhanced in
Cooroy’s Business Centre zone. The development has provided pedestrian access, including
disabled access to Wimmers Lane via the ‘basement’ car park. This is not satisfactory for
pedestrians providing poor permeability through the site. An option is to provide stairs in the north
east corner of the at grade/street level car park. This would remove 1 car space but raises no
concern as the development is providing excess to that required by the planning scheme.
Noise
The applicant provided an acoustic report that addressed noise from the supermarket use. Noise
generated by customers raises no concerns being generally traffic and trolley noise between
business hours which are indicated to be between 6am and 9pm daily. All commercial noise to
sensitive receptors also meet the relevant noise standards when deliveries are limited to between
7am and 6pm Monday to Saturday and not at all on Sundays and public holidays.
4. CONSULTATION
4.1. Referrals
The application was forwarded to the following internal Council specialists:
Water Quality Officer
Ecologist
Engineering Officer
Waste and Environmental Health Officer
The application was also forwarded to Holland Traffic Consulting to peer review the applicants
Traffic Impact Assessment.
Their assessment forms part of this report.
Page 68 of 119
Section 69
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2016
5. CONCLUSION
The proposed supermarket design is not a traditional Federation or Art Deco building style but is
considered a contemporary commercial design consistent with the Planning Scheme’s intent for
the business centre and complements the established character of Cooroy. The development
presents well to Garnet Street with seating and paved areas in a landscaped setting screening the
car park. Building height preserves existing amenity of adjoining properties with the mezzanine not
apparent due to the building design and is considered to meet the relevant Overall and Specific
Outcomes of the Code. The development is recommended for approval subject to conditions.
Departments/Sections Consulted:
Chief Executive Officer X Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 69 of 119
Section 70
Page 70 of 119
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