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2016-06-07 - Planning & Environment Committee Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 7 June 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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Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 FURTHER REPORT - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE
OF USE - ENTERTAINMENT & DINING BUSINESS TYPE 1 - FOOD &
BEVERAGES SITUATED AT 2 BOTTLEBRUSH AVENUE, NOOSA HEADS -
MCU15/0086 3
2 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE RETAIL
BUSINESS - TYPE 2 SHOP & SALON AT UNIT 3, 9 LIONEL DONOVAN DRIVE,
NOOSAVILLE - MCU15/0116 27
3 NOOSA PARKLANDS DRAFT PARK MANAGEMENT PLAN 36
4 AMENDMENTS TO ENVIRONMENT LEVY POLICY 48
5 PLANNING STUDY ON AGRICULTURE AND AGRICULTURAL LAND 57
CLOSED SESSION 60
6 PLANNING & ENVIRONMENT
COURT APPEAL D384/16 FOR A DEVELOPMENT APPLICATION FOR
OPERATIONAL WORKS PLACING AN ADVERTISING DEVICE - SIGNAGE AT 78
- 80 RENE STREET, NOOSAVILLE - OPW15/0214 60
Page 2 of 65
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 FURTHER REPORT - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF
USE - ENTERTAINMENT & DINING BUSINESS TYPE 1 - FOOD & BEVERAGES
SITUATED AT 2 BOTTLEBRUSH AVENUE, NOOSA HEADS - MCU15/0086
DOCUMENT INFORM AT ION
Author Coordinator - Planning, Denis Wallace
Planning & Infrastructure Department
Index ECM/ Application/ MCU15/0086
Attachments 1. Previous Report to Council
2. Applicant’s Additional Information & Submission to Council
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 Qld 4567
RP Description Lot 157 RP 88772
RECOMMENDATION
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 and Saturday nights.
Page 3 of 65
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
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.
Noise
7. External speakers or amplified music are not permitted.
8. Internal amplified music must be directed away from the Bottlebrush Avenue frontage.
9. Refuse disposal, particularly glass bottles and the like, must be considerate of noise at all
times.
10. 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.
11. 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.
12. 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.
13. Noise emissions from any new mechanical equipment associated with the development
shall comply with the following requirements:
13.1. Air-conditioning and Refrigeration
7am to 10pm: Background + 5dB(A)
10pm to 7am: Background + 3dB(A)
14. 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
15. 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
16. 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 4 of 65
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
REPORT
A Report was presented to Council’s Planning & Organisation Committee 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. Refer Item 2, Page 6
of the Planning & Organisation Committee Agenda dated 2 February 2016 (included as
Attachment 1).
At its Ordinary Meeting held on 11 February 2016 Council resolved to defer consideration of the
application, at the request of the applicant, allowing them to provide further detail regarding the
use of the outdoor dining areas.
In seeking deferment, the applicant’s key concerns were the conditions recommended by staff
limiting the use of the Village Bicycle’s outdoor areas. They read:
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 and Saturday nights.
4. Patrons in the outdoor dining area must be seated and limited to 50.
Council Planning and Environmental Health officers met with the applicant on 15 February 2016
and discussed the issues raised in the development assessment report, particularly noise. Staff
reiterated previous advice that they considered the most appropriate way to attenuate patron
noise from the outdoor areas would likely be the partial enclosure of those areas.
The applicant submitted their formal response to the deferment on 5 May 2016. The response is
included as Attachment 2. The following supporting documents were also lodged:
Public comments of support from an online “change.org” petition started by the Village
Bicycle (from approximately 1300 people and totalling 90 pages).
Petition of Support (with approximately 600 signatures and totalling 47 pages).
Hard copies of the comments and petition can be made available for Councillors’ perusal. The
sections that follow provide further assessment of the issues raised in the applicant’s submission.
Need for a late night venue of this type
The applicant’s comments regarding the need for the Village Bicycle venue, the niche it fills and
its popularity with locals, visitors and hospitality workers are noted and not disputed. The
comments are reinforced by the broad support shown in the submitted public comments and
petition. The development assessment report before Council aims to facilitate the use, subject to
conditions staff consider necessary to meet the outcomes sought by The Noosa Plan’s
Noosaville Locality Code and Business Uses Code to protect the amenity of existing nearby
residents. The report highlights the use is consistent with the site’s Business Centre zoning and
broadly desirable but specific noise considerations are raised due to the site’s frontage to
Bottlebrush Avenue.
Noise
Noise has been the critical assessment issue. The applicant’s submission makes the following
summary points:
(a) The applicant has been very cooperative in providing amended reports and advice to
Council as it “experimented” with the height of the acoustic fence and acceptable noise
levels above background noise levels after 10pm.
(b) It should be noted that noise specialists engaged by the applicant have identified
compliance with Council’s most recent request in relation acceptable noise levels above
background noise levels after 10pm which is more stringent than both the State Liquor Act
1992 and Liquor Regulation 2002 and the State Environmental Protection (Noise) Policy
2008.
Page 5 of 65
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
(c) It is understood that Council has not engaged any suitably qualified and experienced noise
consultant to review the reports and advices of the applicant’s noise expert. The applicant
has not had any advice from Council that it disagrees with the findings of the original
detailed report and subsequent advices as requested by Council.
(d) Queensland Office of Liquor and Gaming Regulation commonly investigate any complaints
in relation to licensed premises and issues formal breach notices if any noncompliance is
identified. The applicant wishes to highlight that to date the Queensland Office of Liquor
and Gaming Regulation has not issued any breach notices against the Village Bicycle
Café.
(e) In attempting to recommend conditions of approval for this development application, the
most recent Council report and recommendation drew some similarities between mixed use
residential, commercial and hospitality development in Hastings Street and the proposed
hospitality development on a commercial site and the residential development on a
residential site across Bottlebrush Avenue. It is considered that it is not fully appropriate to
rely on selected Council’s planning scheme provisions applicable to certain sites fronting
Hastings Street and to then transpose these directly onto this development application in
order to arrive at approved hours of operation.
(f) At the meeting with Council staff on the 15th February, 2016, Council suggested that a roof
be constructed over the proposed outdoor dining area. The applicant has investigated such
a suggestion and it is not an option at this stage.
The applicant’s Acoustic Reports were assessed by Council environmental health and planning
officers. The principal concern with the applicant’s acoustic assessment is it suggests marginal
compliance with acoustic levels based on acoustic modelling. Patron noise was recorded at the
premises on Saturday 2nd and Sunday 3rd May 2015, with recording devices visible on the site
and known to management. The modelling indicates allowable patron noise at 3 metres from the
source to achieve acceptable limits at receivers is 74dB(A). The on-site limit required under the
Village Bicycle’s current Liquor Licence being 75dB(C) (which is a different frequency weighting).
Staff consider the acoustic modelling results indicate marginal compliance and operational
compliance would rely heavily on management to attempt to limit patron noise to the 74dB(A)
level late at night at a drinking venue. As the submission notes, the Acoustic consultant
recommendations include:
To ensure compliance with the recommended limits on patron noise emissions, the following
noise management measures must be implemented:
• Staff actively encourage patrons to keep the noise down; …
By way of comparison, Sogo Bar to the south on Noosa Drive is required to close its outdoor
terrace at 10pm each night and for patrons to then be inside behind an airlock.
The proposed increase in the height of the acoustic fence to the Bottlebrush Avenue frontage to
2.4m should offer some appreciable noise attenuation but is unlikely to adequately contain noise.
Figures 1 & 2 below indicate the lines of site from seated and standing positions at the southern
end of the outdoor area. The dummy fence extension shown extends to roughly the eaves height
and the balustrade height of the upper level units opposite for seated and standing heights
respectively.
Page 6 of 65
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Figure 1 - Line of site from seated position showing dummy fence extension at left
Figure 2 - Line of site from standing position showing dummy fence extension at left
Page 7 of 65
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Further comment was sought from Office of Liquor and Gaming Regulation (OLGR) staff. They
indicated formal breach action has been in abeyance pending this development application.
OLGR’s Senior Compliance Officer provided the following written statement:
Under section 47 of the Liquor Act 1992, I am able to disclose certain particulars to you, as
follows:
A liquor licence was approved over this site on 17 April 2014.
The site was identified as being noise sensitive during the application process and the
licence was conditioned so as to require patrons who were consuming liquor in the outdoor
area to be restricted by way of having to be seated. The application for the licence advised
seating capacity as being 22 indoors and 40 outdoors.
The first noise complaint was received by OLGR on 21 May 2014.
Noise complaints have been ongoing since that time.
Complaints predominantly relate to noise from patrons in the outdoor area.
The licensee attempted some noise attenuation by building a fence, along the boundary
line fronting Bottlebrush Avenue, in the latter part of 2014. This did not prove effective.
On 7/3/2015, OLGR established that there was unreasonable noise emanating from
patrons in the outdoor area and this was made known to the licensee.
In June 2015, the licensee made application for the abovementioned seating condition to
be removed from the liquor licence and, as a result, OLGR became aware that the Council
approved use did not extend to the outdoor area.
OLGR is also aware that submissions have been made to Council in relation to noise
attenuation works over the site, to mitigate the patron noise emanating from the premises.
OLGR is awaiting the outcome of the application to Council, to determine the approved use
for the outdoor area and any related noise attenuation works, before taking any further
action in relation to the noise complaints.
Discussions with OLGR officers indicate noise complaints continue to be received. Note that
once a development permit is issued for this application, enforcement of noise limits will broadly
be the responsibility of OLGR.
The applicant’s submission seeks to amend Condition 3 recommended in the previous staff
report to allow it to continue to use of the outdoor area to 12pm, 7 days a week. This change is
not supported for the reasons previously identified in the assessment report and the previous
recommendation is maintained.
Patron numbers and seating
Recommended Condition 4 would limit outdoor patrons to roughly the observed seating numbers
on site (54 seats were counted and 50 were conditioned) and require patrons to be seated.
These provisions aimed to help address patron noise and maintain reasonable expectations for
the dining use sought by Village Bicycle under both its planning and liquor applications. The
submission seeks to amend the condition to allow for 70 “allocated” seats. Notably, OLGR
advises the liquor licence application lists seating capacity at 40. The change is not supported
and the previous recommendation is maintained.
Page 8 of 65
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
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.
Consultation
External Consultation - Community & Stakeholder
Comments provided by the Office of Liquor and Gaming Regulation are included.
Internal Consultation
Council’s Environmental Coordinator and Public Health Officer provided further assessment
comments.
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
x 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 9 of 65
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
ATTACHMENT 1
Page 10 of 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
ATTACHMENT 1
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 2 FEBRUARY 2016
2 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE =-
ENTERTAINMENT & DINING BUSINESS TYPE 1 - FOOD & BEVERAGES
SITUATED AT 2 BOTTLEBRUSH AVENUE, NOOSA HEADS - MCU 15/0086
Author Coordinator Planning Assessment, Denis Wallace
Planning & Infrastructure Department
Index ECM / Application / MCU15/0086
Attachments __ Nil
APPLICATION DETAILS
Applicant Village Bicycle
Proposal Development Permit for Material Change of Use - Entertainment &
Dining Business Type 1 - Food & Beverages
Properly Made Date 15/10/2015
Information Request Date 9/11/2015
Information Response Date 14/12/2015
Decision Due Date 11/02/2016
Number of Submissions Not Applicable
PROPERTY DETAILS
Property Address 2 Bottlebrush Ave NOOSA HEADS QLD 4567
RP Description Lot 157 RP 88772
Land Area 546m?
Existing Use of Land Office/Retail
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosa Heads
Zone Business Centre
Overlays Nil
Assessment Type Code
RECOMMENDATION
That Council note the report by the Coordinator Planning Assessment to the Planning &
Organisation Committee Meeting dated 2 February 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:
Page 6 of 81
Page 10 of 65Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Page 11 of 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 2 FEBRUARY 2016
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
AO - 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 and Saturday nights.
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 40m? 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.
Noise
7. External speakers or amplified music are not permitted.
8. — Internal amplified music must be directed away from the Bottlebrush Avenue frontage.
9. Refuse disposal, particularly glass bottles and the like, must be considerate of noise at
all times.
10. 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.
11. 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.
12. 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.
13. Noise emissions from any new mechanical equipment associated with the
development shall comply with the following requirements:
13.1. Air-conditioning and Refrigeration
e 7am to 10pm: Background + 5dB(A)
° 10pm to 7am: Background + 3dB(A)
Page 7 of 81
Page 11 of 65Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Page 12 of 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 2 FEBRUARY 2016
14. 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
15. 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
16. 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.
REPORT
1. PROPOSAL
The application seeks development approval for a Material Change of Use of Premises for
an Entertainment & Dining Business - Type 1 Food & Beverages at 2 Bottlebrush Avenue,
Noosa Heads. The proposal seeks to ratify the use of outdoor dining areas currently being
used in front of the Village Bicycle and Bean Drop businesses. The food and beverages
business use of the existing internal tenancies can occur as-of-right, subject to self-
assessable provisions under The Noosa Plan. However, addition of new outdoor dining
areas triggers a code assessable development application.
The proposed outdoor dining areas comprise:
° A 40m? L-shaped area around the front and side wall of Village Bicycle
° An 18m’? area in front of Bean Drop Cafe
The applicant indicates the businesses operate during the following hours:
° Bean Drop Café 5am — 2pm
° Village Bicycle 2pm — 12pm
The proposal plan shows a portion of shared outdoor dining area in front of the Village
Bicycle to be used at varying times, with no more than 40m? to be used at any one time.
The proposal plan and site photographs are included as Figures 1—5 below. The application
is before Council due to noise concerns raised by neighbours.
Page 8 of 81
Page 12 of 65Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Page 13 of 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 2 FEBRUARY 2016
”
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Page 9 of 81
Page 13 of 65Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
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5 1 1 1 71 1 3329 2216 10 37 28 eoSection 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Page 17 of 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 2 FEBRUARY 2016
‘hoe. Nek ae” See es —
. an eS - ; ¢ . ;: er a 3
1S ‘ i ao
. af \ y fe _
1 “9 ad i — i, =
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Figure 6 — Adjacent Bottlebrush Terraces Units
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:
e State Planning Policies;
° the South East Queensland Regional Plan;
° State Planning Regulatory Provisions; and
e The Noosa Plan;
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
The site is located within the Urban Footprint Area of the SEQ Regional Plan. The proposed
use is consistent with the regional policies and regulatory provisions of the SEQ Regional
Plan.
3.3. Statutory Instruments — Planning Scheme
The site is located in the Noosa Heads Locality and is zoned Business Centre. The
proposed use is identified as a consistent use within the zone and is required to follow a
code assessable application process.
Land Use & Works Provisions
The following codes which regulate land use and design are applicable to this application:
e Noosa Heads Locality Code;
° Business Uses Code;
° Landscaping Code; and
e Engineering Works Codes
The application has been assessed against each of the above applicable codes. The
pertinent issues arising out of the assessment against the codes are discussed below:
Page 13 of 81
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Page 18 of 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 2 FEBRUARY 2016
Carparking and Use Areas
The Driveways and Parking Code calculates parking demand for food and beverage
businesses based on net use areas, exclusive of kitchens and the like. The proposal seeks
to maintain the development’s existing net use by limiting the use of the outdoor dining area
to 40m? at any one time. This is considered reasonable and a condition is recommended
accordingly.
Noise
Noise is the critical aspect of the assessment. The introduction of outdoor dining areas on
the site introduces new noise sources with the potential to negatively impact on the amenity
of existing residences in Bottlebrush Avenue. In particular, the areas are within the line of
sight of some units in the adjacent Bottlebrush Terraces at 1 Bottlebrush Avenue and noise
complaints have been received from residents. Outcome O20 of the Business Uses Code
requires:
Development is designed and sited to avoid noise emissions that unreasonably diminish the
amenity of the area or surrounding uses.
The Noosa Heads Locality Code similarly seeks to protect the amenity of existing residents.
The applicant engaged acoustic consultants, ATP Consulting Engineers, to assess the
development’s noise impacts. The originally submitted Noise Impact Assessment report
material applied a maximum noise criteria at the nearest receiver at the Bottlebrush Terraces
of Background+5dB(A) and modelled marginal compliance with this limit based on the
construction of a 2.0m acoustic fence along the site’s Bottlebrush Avenue boundary.
Council planning and health officers had concerns with the potential for noise impacts under
the modelled scenario and requested the applicant provided further noise assessment
addressing:
e More stringent noise criteria of Background + 3dB(A) after 10pm;
° Use of more robust noise attenuation measures;
e Consideration of relocating some parts of the outdoor dining area.
The amended acoustic assessment resulted in the following noise criteria at sensitive
receivers:
Table 2.1 Noise Criteria
. Ws Criteria
Day . 55
(7:00am to 6:00pm) Background noise level (Lago,1)* + 5dB(A) (50 +5)
i . 50
6-00p ae eooom Background noise level (Laso,t) + 5dB(A) 45 +5
so000n 7-00 am Background noise level (Lago,r) + 3dB(A) 40 3 3
The assumed evening and night-time background levels of 45dB(A) and 40dB(A) are
considered reasonable and appropriate for the location. They correlate with urban settings
having some traffic and commerce noise and are supported by the ATP’s background noise
recordings in the area.
ATP’s assessment notes the existing OLGR liquor licence applies the following enforceable
limit:
Noise emanating from the premises including amplified and non-amplified noise and patron
noise must not exceed 75dB(C), fast response, when measured approximately 3 metres
from the primary source of the noise.
Page 14 of 81
Page 18 of 65Section 19
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 2 FEBRUARY 2016
ATP’s assessment finds both the OLGR criteria and the sensitive receiver criteria listed
above can be achieved provided the following measures are undertaken:
e Erection of a 2.6m high acoustic fence constructed of ship-lapped timber, fibre cement or
similar;
e To ensure compliance with the day-time/evening (6am to 10pm) noise limit the
instantaneous volume level in dB(A), at 3m from any of the speakers, must not exceed
80dB(A);
e To ensure compliance with the night-time (10pm to 6am) noise limit the instantaneous
volume level in dB(C), at 3m from any of the speakers, must not exceed 84dB(C) with bi-
fold glass doors open.
e No speakers or live entertainers to be located outside of the building perimeter at any-
time. The speakers shall always be located along the north-eastern wall facing in the
south-westerly direction.
A 2.6m fence exceeds a standard 2m fence height limit but is considered acceptable in this
location, given the fence sits below the footpath, as shown below.
Oe ce as
a Pop ; i . h Datta * ba
ee eS. P
Pie ed J
, Sat a hea
Figure 7 — Existing Timber Fence (Approx. 1.5m high)
Overall, the assessment of noise impacts for this development is vexed. The site is within
Noosa Junction’s Business Centre zone and is unique in having a primary frontage to Noosa
Drive and a secondary frontage to Bottlebrush Avenue. The Noosa Drive end of Noosa
Junction is increasingly becoming a focal point for food and beverage businesses that add to
the vitality of the area and serve an important function for both locals and tourists. While it is
desirable to see the vitality of Noosa Junction continue to increase, The Noosa Plan also
seeks to protect the amenity of existing residences. Future development of sites east along
Bottlebrush Drive could potentially raise major noise conflicts for residents opposite.
The submitted noise assessments indicate reasonable noise criteria can be achieved but are
based on modelled predictions and there is risk actual levels will exceed modelled levels.
Council asked the applicant to consider additional attenuation measures such as an acoustic
roof and wall to better enclose the outdoor area, as well as reduced business hours but the
applicant only proposed the acoustic fence and requests existing business hours be
maintained. In regard to business hours it submits:
Page 15 of 81
Page 19 of 65Section 20
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Page 20 of 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 2 FEBRUARY 2016
“Our current trading hours are 4pm-midnight Mon-Sat, and 12.30-midnight Sun. Our kitchen
is open every night to 11.30pm. We cater to a lot of the hospitality staff who work in Noosa
that don't usually finish work until after 10pm when most other kitchens in Noosa are closed
apart from McDonald's. We have worked very hard to establish late night dining, so to lose
this would be very detrimental to our business. We feel a restriction on our trading hours
would be slightly unfair considering other businesses within very close proximity are allowed
to trade until midnight (and beyond). It was always our goal to create a relaxed social
environment within our community and in our short time of trading have secured a rather
large local following. The majority of which are made up of local hospitality workers who
know they can have an after work drink with something to eat.”
Discussions with State Liquor Licencing officers indicate they consider the business location
to be problematic and currently causing unacceptable levels of patron noise for adjacent
residents. They advise patron noise is pervasive late at night and difficult to
contain/manage. To date OLGR investigation and resolution of complaints about the Village
Bicycle remain unresolved and OLGR is awaiting the outcome of this application.
On balance, use of the outdoor area to midnight 7 days a week in this location is not
supported by Council officers because of the likely ongoing amenity impacts on residents.
Outdoor use to midnight is only recommended on Fridays and Saturdays, which is consistent
with The Noosa Plan’s provisions for the Visitor Mixed Used zoned areas along Gympie
Terrace and Hastings Street and provides residents with some respite.
Further noise management measures should comprise:
° Construction of the 2.6m high acoustic fence to the Bottlebrush Avenue.
° Planting of dense native shrubs to 3m high to screen the acoustic fence.
e External speakers or amplified music are not permitted.
° Internal amplified music to be directed away from the Bottlebrush Avenue frontage.
e Patrons in the outdoor use area to be seated and limited to 50 (per current seating).
Conditions are included in the recommendation accordingly.
4. CONSULTATION
4.1. IDAS Referral Agencies
Not Applicable
4.2. Other Referrals
The application was forwarded to the following internal Council specialists:
° Environmental Health Officer
4.3. Public Notification
Not Applicable
Page 16 of 81
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Page 21 of 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 2 FEBRUARY 2016
5. CONCLUSION
The application is for a consistent food and beverages use within the Business Centre zone
and triggers code assessment due to the addition of outdoor dining areas. The site’s
secondary frontage to Bottlebrush Avenue raises specific noise concerns and complaints
about patron noise have previously been received from adjacent residents in Bottlebrush
Avenue.
The noise assessment for this development is considered vexed. Food and beverages uses
add to the vitality of Noosa Junction and the area toward Noosa Drive increasingly supports
restaurant and bar businesses valued by locals and tourists. It is desirable to see the area
continue to revitalise, provided new uses respect the amenity of existing residents.
The applicant’s acoustic modelling indicates the development can comply with relatively
strict noise limits at the nearest residences via the construction of an acoustic fence and
other measures. However, the noise assessment is a modelled scenario only and patron
noise at licensed premises is known to be difficult to control. The current daily use of the
outdoor area to midnight is not considered appropriate in this location close to adjacent
residents and The Noosa Plan seeks to limit late night trading to Fridays and Saturdays in
similar circumstances within the Visitor Mixed Use zone. As such it is recommended use of
the outdoor area be limited to those two nights and the following noise management
measures be required:
° Construction of the 2.6m high acoustic fence to the Bottlebrush Avenue.
e Planting of dense native shrubs to 3m high to screen the acoustic fence.
e External speakers or amplified music not permitted.
e Internal amplified music to be directed away from the Bottlebrush Avenue frontage.
° Patrons to be seated in the outdoor dining area and limited to 50, per current seating
numbers.
The application is recommended for approval, subject to conditions.
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
x Waste & Environmental Health Revenue Services
[ x | Executive Office [>] 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 17 of 81
Page 21 of 65Section 22
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Page 22 of 65
ATTACHMENT 2
Your Reference: MCU 15/0086
Our Reference: 02018 LO1 GM
Our Contact: Greg Martoo t
consulting
5 May, 2016 emcees
+ SUNSHINE COAST OFFICE
12/-12 BOTTLEBRUSH AVE
NOOSA, HEADS
PO BOM 164
NOOSA HEADS O 4587
Noosa Council . a ees en
P.O. Box maikiiimartcocorsulting com
TEWANTIN Q 456
+ GYMPIE OFFICE
38 MASH STREET
GYMPIE
Attention: Denis Wallace PO BOX 304
GYMPIE Q 4870
- 07 5462 7440
-O7 S482 4957
maikiimartooconsuling. com
Dear Denis, + weeve.mantocoonsulting. com
RE: ADDITIONAL INFORMATION & SUBMISSION TO COUNCIL
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 the above development application which is currently being assessed by Noosa
Council.
The applicant acknowledges that Council staff had previously recommended approval subject to certain
conditions in a report that was tabled at Council’s Planning and Organisational Committee meeting held on 2
February, 2016.
Upon reviewing that report and recommendation by Council staff in this meeting agenda, the applicant
requested that Council delay its assessment until a meeting is held between the applicant and Council staff
so that certain matters referenced in the report can be discussed with staff and possibly researched further
by the applicant. The applicant appreciates that Council agreed to its request. Following the requested
meeting with Council staff on the 15" February, 2016 it was necessary for the applicant to undertake further
research.
The applicant is now in a position to provide this submission to Council so that it can complete its
assessment of the above development application.
Background
The need for a venue that served food and drinks for those people who just want to able to casually socialise
in the evening was identified by Luke and Trevor (the applicant partnership) when they worked for local
hospitality businesses. There were limited suitable venues where local residents could visit, particularly after
work whether that be a 5.00pm for regular 9am to 5pm workers or after say 8am to 10am for those part-time
workers in many of the local restaurants and cafes. The preference was for a venue where local residents
could mingle and interact rather than be dance, listen to music or be otherwise entertained.
Village Bicycle Café was established by Luke and Trevor with this specific purpose in mind. Like anything
new whether it is initiated by the public or private sectors, there were some matters that need to be
monitored and rectified and/or improved where necessary. Through the experience and commitment of
Luke and Trevor, Village Bicycle Café is continually improving its operations and its customer’s satisfaction.
As a result Village Bicycle Café has become well patronised by local residents as well as certain visitors to
Noosa. In fact, it has become widely acknowledged that Village Bicycle Café is the only venue of its type
© TOWN © URBAN © LAND @ DEVELOPMENT
PLANNING DESIGN SURVEYING MANAGEMENT
Page 22 of 65Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Page 23 of 65
open in The Junction after 8:30pm weekdays. Council is encouraged to the committee of the Noosa
Junction Association if further confirmation is required in this regard.
From the commencement of Village Bicycle there has one nearby resident in a residential unit at 1
Bottlebrush Avenue who voiced his concern about the Village Bicycle Café, as he has understood to have
done previously with certain other surrounding uses. Luke and Trevor have attempted to meet with him to
identify his specific concerns so that they could attempt to address them. Unfortunately the resident claimed
that he will not stop complaining until the venue is closed regardless of what change to its operations are
undertaken. It is understood that this resident may have gained the support of several other residents in this
unit complex.
The Current Development Application
The current application seeks a development permit to use part of the outdoor dining area within the part of
the above site in addition to the inside of one of existing commercial premises on that site. No such approval
would have been required under the Noosa Planning Scheme had Village Bicycle Café been able to be
operate fully within the existing commercial premises. The current application was compiled so that the area
of proposed outdoor seating equals that area within the existing commercial premises which is used for the
kitchen, service and storage areas and thereby avoiding the need for any increase in onsite carparking or
demand on relevant community infrastructure.
Luke and Trevor provided a noise report that was prepared by a reputable qualified environmental
engineering consultancy who are recognised in noise and vibration specialists and have been
engaged by public and private sector clients on as wide variety of projects throughout Australia. As
part of this noise report, noise levels were measured in various location s including that outside 1
Bottlebrush Avenue which is the closest noise sensitive use. The noise was measured on a Saturday
night which commonly experiences the highest level of patronage on any trading night. These noise
levels were recorded with the existing 1.5m high timber paling fence in place. The noise specialist’s
report provided an array of information including details of the noise level measurements as well as
the computer modelling undertaken to calculate the operational noise levels of the Village Bicycle Café
in isolation from the general acoustic amenity at the surroundings. The noise report identified that
operational noise levels from the Village Bicycle Café before 10pm were within the required noise
limits and for after 10pm only exceeded the noise limit in only one of the six octaves (being the 250 Hz
octave) and that the modelled exceedance was only 1 dB(A) based on the noise limits defined under
the Liquor Act 1992 and Liquor Regulation 2002.
The noise specialist then undertook noise modelling based on increasing the height of the existing wooden
paling fence by 0.9 metres making it 2.4m high. The noise specialists identified that there were no modelled
exceedance of the Noise limit LA1o in any of the six octaves and that there was in fact a further reduction
across all six octaves.
The noise specialists concluded that the operation of Village Bicycle café will not result at unreasonable
noise at the nearest noise sensitive places based on the noise limits defined under the Liquor Act 1992 and
Liquor Regulation 2002, providing the following recommendations are implemented:
To ensure compliance with the recommended limits on patron noise emissions, the following
noise management measures must be implemented:
e Staff actively encourage patrons to keep the noise down;
e At closing time, staff ensure patrons move away from the premises as quickly and quietly as
possible; and
e Allow outdoor patrons to be standing, thus allowing free movement between tables, which can
alleviate problem of patrons calling out to one another.
In addition to the patron noise management measures, the following additional noise control
measures are recommended:
Page 23 of 65Section 24
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Page 24 of 65
e Raising the height of the existing 1.5m high timber noise barrier fence to 2.4m with 0.9m
addition, which will be added in a seamless way with no gaps between the existing timber
palings and the addition; or
e Construction of a new 2.4m high acoustic fence alongside or in place of the existing fence on
the north-eastem boundary;
e The intent of the provision of higher acoustic fence is to screen the direct line of view from the
outdoor dining area of the café to the top floor of Bottlebrush Townhouses; and
e /f a new acoustic fence is constructed, suitable materials are timber, fibre-cement, aerated
concrete (Hebel) or other material with a minimum density of 12.5 kg/m?.
Noosa Council then requested that the applicant reassess noise impacts from Village Bicycle Café on the
nearest noise sensitive places if the height of the proposed acoustic fence was reduced from the
recommended 2.4 metres to 2 metres and based on a more demanding standard being the noise
standards from Environmental Protection (Noise) Policy 2008. The applicant fully complied with
Council's request. The applicant's noise specialists then undertook revised modelling to conclude that with
the requested 2 metre high acoustic fence and with implementation of the other noise control measures
outlined in the original detailed report, the operation of Village Bicycle Café will not result in unreasonable
noise at the nearest noise sensitive places under the noise standards from Environmental Protection
(Noise) Policy 2008.
Noosa Council then requested a “more robust solution” and requested further modelling such that the noise
limits for post 10pm was even more demanding than those under the Environmental Protection (Noise)
Policy 2008 and thereby much more demanding than those under the Liquor Act 1992 and Liquor
Regulation 2002. The applicant again fully complied with Council's request. The applicant again
commissioned its noise specialists to undertake further noise modelling as requested by Council and
provided modelled noise levels for first and second floor balcony at 1 Bottlebrush Avenue. In further advice
to Council the noise specialist confirmed that with the proposed 2.6 metre high acoustic fence and
implementation of the other noise control measures as outlined in the original detailed report that the
operation of Village Bicycle café will not result in unreasonable noise at the nearest noise sensitive places
under Council's own “more robust” noise standards.
It is understood that the concerned resident at 1 Bottlebrush Avenue may have arranged his own noise
assessment and supplied some information to Noosa Council. Unfortunately neither Council nor the nearby
resident will supply copy of that assessment to the applicant for whatever reason. Likewise, there is a
suggestion from Council that the Queensland Office of Liquor and Gaming Regulation had undertaken its
own noise assessment. Unfortunately Queensland Office of Liquor and Gaming Regulation will not release
any information for whatever reason. The applicant would have preferred the opportunity to review any
other information being relied upon by others especially given the cooperation extended to Council as it
“experimented” with fence heights and noise levels.
The applicant has relied on noise level assessments by a recognised qualified experienced professional
noise expert who used appropriate noise recording equipment and undertook modelling using recognised
computer software. The background information recording, modelling and recommendations were all
published and made available to any party who had an interest in them. It is unknown why noise
assessments undertaken by others has not been made available to the applicant.
The Council Staff Report and Recommendation
As indicated above the applicant acknowledges that Council staff had previously recommended approval
subject to certain conditions in a report that was tabled at Council’s Planning and Organisational Committee
meeting held on 2 February, 2016.
The applicant consider that a number of matters including the following need to be acknowledged when
reviewing the staff report:-
Page 24 of 65Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Page 25 of 65
(a) The applicant has been very cooperative in providing amended reports and advice to Council as it
“experimented” with the height of the acoustic fence and acceptable noise levels above background
noise levels after 10pm.
(b) It should be noted that noise specialists engaged by the applicant have identified compliance with
Council’s most recent request in relation acceptable noise levels above background noise levels
after 10pm which is more stringent than both the State Liquor Act 1992 and Liquor Regulation 2002
and the State Environmental Protection (Noise) Policy 2008.
(c) It is understood that Council has not engaged any suitably qualified and experienced noise
consultant to review the reports and advices applicant's own noise expert. The applicant has not
had any advice from Council that it disagrees with the findings of the original detailed report and
subsequent advices as requested by Council.
(d) Queensland Office of Liquor and Gaming Regulation commonly investigate any complaints in
relation to licensed premises and issues formal breach notices if any noncompliance is identified.
The applicant wishes to highlight that to date the Queensland Office of Liquor and Gaming
Regulation has not issued any breach notices against the Village Bicycle Café.
(e) In attempting recommend conditions of approval of this development application, the most recent
Council report and recommendation drew some similarities between mixed use residential,
commercial and hospitality development in Hastings Street and the proposed hospitality
development on a commercial site and the residential development on a residential site across
Bottlebrush Avenue. It is considered that it is not fully appropriate to rely on selected Council's
planning scheme provisions applicable to certain sites fronting Hastings Street and to then
transpose these directly onto this development application in order to arrive at approved hours of
operation.
(f) At the meeting with Council staff on the 15" February, 2016, Council suggested that a roof be
constructed over the proposed outdoor dining area. The applicant has investigated such a
suggestion and itis not an option at this stage.
The applicant is prepared to accept all conditions as recommended by Council staff with the exception of
parts of recommended Conditions 3 and 4 as explained below.
3. “The approved use must not operate outside the hours of 5am to 12pm, with use of outdoor
dining area permitted after 10pm on Friday and Saturdays nights”
The Applicant’s Concern with this recommended condition: As indicated above, the Village Bicycle
Café was established to provide a suitable venue for local residents to mingle and interact, and a major
component of patrons are those part-time workers in many of the local restaurants and cafes after these
venues close. It is suggested that some 9am to 5 pm workers may not fully appreciate the needs of many
part-time workers in the local hospitality industry who finish work say between 8pm and 10pm (note
commonly work later Friday and Saturday nights). These part-time workers and they often seek to find a
similar suitable venue when they finish work on week days that regular workers seek at 5pm week days
especially Fridays. The continued success of the Village Bicycle Café as currently operating is to be open
for those hours as proposed in the current development application. The business model being adopted and
successfully being implemented by the applicant simply could not work with early closure on Sunday to
Thursday nights as proposed in the recommended condition.
Interestingly the Council report recommends approval for the outdoor dining area to operate until 12pm on its
busiest nights ((.e. Friday and Saturday nights) but recommends closure at 10pm on the other quieter nights.
Council advises that requiring the Village Bicycle Café to close early five nights a week will provide a respite
for the residents across Bottlebrush Avenue. It would appear that Council considers that Village Bicycle
Café can comply with those noise limits that are more stringent than both the State Liquor Act 1992 and
Liquor Regulation 2002 and the State Environmental Protection (Noise) Policy 2008 with the construction of
a 2.6m high wall and compliance with other conditions for Fridays and Saturdays but cannot comply for the
quieter trading nights. The applicants consider that Council’s rationale is not reasonable nor logical.
The Applicant’s Request: That recommended Condition 4 be amended as follows - ”
Page 25 of 65Section 26
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Page 26 of 65
3. “The approved use must not operate outside the hours of 5am to 12pm”
4. ‘Patrons in the outdoor dining area must be seated and limited to 50. ‘
The Applicant’s Concern with this recommended condition: When compiling those conditions of
approval that relate to ongoing operations, the applicant prefers that such conditions are able to be clearly
interpreted, implemented and monitored by any party with an interest in establishing compliance. These
conditions should therefore be complied so as to minimise the potential of any confusion or differences in
their interpretation. It is considered that the above recommended condition as currently compiled could
create confusion and differences in interpretation.
It is suggested that patrons will need to stand and walk at times to enter and leave the venue, order food and
drinks from inside the building, to use the onsite toilets from time to time, and so on. Being a venue that
attracts local residents, it is highly likely that some interaction may occur briefly between patrons as they
move to and from their seats. The condition as currently worded states that “patrons in the outdoor dining
area must be seated...”.. It is suggested that the intent of the condition is that each patron should be
allocated a seat and as such no patron should be required to stand due to not having a seat. It is strongly
suggested that the recommended condition should be reworded.
It is further understood that Council itself identified the maximum number of seats from counting seats in
photographs supplied in the current development application. The figure 50 was not a number supplied by
the applicant. The applicant advises that a total of 70 seats exists in the outdoor dining area and as such itis
requested that this condition adopt this correct number.
The Applicant’s Request: That recommended Condition 4 be amended as follows -
4. ‘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. ‘
The applicant has been surprised by the local public support for its proposal since the local newspaper itself
instigated an article on the current development application. The applicant has obtained support from
nearly 2000 people whereby approximately 1300 people provided online support and in doing so offered
comments and approximately 600 people signed a petition at the counter of the premises whereby over 90%
of the signatures were from people who can considered to be “local residents”. Copies are enclosed for
Council’s records.
The applicant appreciates the willingness of Council to delay its assessment to provide the applicant the
ability to meet with Council staff and investigate certain matters. The applicant now requests that Council
completes its assessment of the development application. Council remains welcome to contact our
Sunshine Coast office if there are any matters that require clarification.
Yours sincerely,
LY[ le SFE
Uy ALBAAVGD
Greg Martoo
Principal
martoo consulting pty Itd
Page 26 of 65Section 27
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
2 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE RETAIL
BUSINESS - TYPE 2 SHOP & SALON AT UNIT 3, 9 LIONEL DONOVAN DRIVE,
NOOSAVILLE - MCU15/0116
DOCUMENT INFORM AT ION
Author Coordinator Planning, Denis Wallace
Planning & Infrastructure Department
Index ECM / Application / MCU15/0116
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Glenroe Holdings Pty Ltd Tte
Proposal Development Permit for Material Change of Use of Premises -
Retail business Type 2 - Shop
Properly Made Date 17 December 2015
Information Request Date 14 January 2016
Information Response Date 14 April 2016
Decision Due Date 15 June 2016
Number of Submissions 19 (in support)
PROPERTY DETAILS
Property Address Unit 3, 9 Lionel Donovan Drive Noosaville
RP Description Lot 3 SP119455
Land Area 232 Square Metres
Existing Use of Land Industry
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Industry
Assessment Type Impact
Page 27 of 65
Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 7 June 2016 regarding Application No. MCU15/0116 for a
Development Permit for Material Change of Use for a Retail Business – Type 2 Shop and Salon
situated at Unit 3, 9 Lionel Donovan Drive, Noosaville and:
A. Approve the application in accordance with the following conditions:
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
- - Proposal Plan prepared by RG Strategic 07/12/15
Nature and Extent of Approved Use
3. The approved retail use may only operate in association with an industrial (catering)
business operating from the subject tenancy.
4. The shop/café and outdoor dining use areas must not exceed the areas shown on the
approved plan.
Street Identification
5. 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.
B. Find the following are sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. The retail food business helps meet the needs of workers in the immediate area.
2. The retail use is associated with an industrial (catering) uses on the site.
3. The use will not impact significantly on existing retail businesses in Noosa due to its
minor scale.
REPORT
1. PROPOSAL
The application seeks development approval for a Material Change of Use of Premises for a
Retail Business – Type 2 Shop & Salon in relation to a component of the existing business at
Unit 3, 9 Lionel Donovan Drive, operating as the Kitchen Shed. The application seeks to ratify
the Kitchen Shed’s retail shop/cafe component on the site which sells food and beverages to the
public. On-site seating is proposed to be limited to 10 seats in accordance with The Noosa Plan’s
land use definition for a Retail Business – Type 2 Shop & Salon, being:
The use of premises for an activity that is generally found in a shopping complex, strip or centre.
The use includes a shop, hairdressing salon, appliance repairs, alterations, dry cleaning and a
café with dining facilities for up to 10 people.
Page 28 of 65
Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
The applicant’s description of the proposal includes:
On site storage, production kitchen and administration provide for the operation of the Kitchen
Shed’s primary business which is wholesaling food and beverage directly to restaurants, off site
function and event catering, production kitchen for Gaston’s restaurant, and the provision of such
product from onsite as a shop / café with seating for up to 10 persons.
The shop as defined provides the opportunity for the product produced or wholesaled from
Kitchen Shed to be available for customers to purchase and if they choose sit on site and
consume. Provision has been made for up to 10 chairs and a table to enable this to occur.
Hours of operation for the shop are from 7am – 3pm Monday to Friday, to coincide with the
worker activity within the Lionel Donovan Drive precinct. You are able to purchase a coffee,
freshly baked product or sandwich and takeaway or eat on site. This use as a shop is ancillary to
the primary focus of the industrial use and as such only uses 19.7m2 [subsequently amended to
14.7m2] of the Gross Floor Area of the development.
An extract from the proposal plan is shown in Figure below, with the green and pink areas
nominated by the applicant as the shop use areas and the balance being the compliant industrial
floor space. Note the tenancy is 232m2 in total and includes an upper floor office and storage
area.
Figure 1 – Proposal Plan Extract
The full proposal plan is included as Attachment 1. No additional works are proposed, with the
shop fitout already complete. A photograph of the existing retail shop component is shown in
Figure 2 below. The application also seeks a reduction in the application fee, as detailed later in
this report.
Page 29 of 65
Section 30
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Figure 2 – Kitchen Shed retail food counter viewed from front entrance
2. SITE DETAILS
2.1. Background
The existing industrial building on the site was constructed around 1999. Council issued
development permit 18477 DA for Warehouses on the site in February 2000.
Prior to the business establishing at the site Council received a formal request for written
planning advice seeking confirmation the business could establish under self-assessable
provisions for an industrial use, and including proposal plans. Council responded by letter dated
22 April 2016 advising that the sale of food and beverages for consumption on premises is
separately defined as a shop/café use.
In August 2015 Council received a complaint indicating the business was operating without
approval. Council’s Development Compliance Officer wrote to the operator on 19 August 2015
advising the use should cease or a development application be lodged.
2.2. Site Description
The site is an existing tenancy within an industrial development. The building has a floor area of
approximately 650m2 and is divided into 3 tenancies, with the subject tenancy being 232m2. 14
car spaces are available at the front of the building on a large concrete apron. The public
entrance to the Kitchen Shed is through a roller door.
2.3. Surrounding Land Uses
The site is surrounded by a mix of motor vehicle uses and industry uses within the Lionel
Donovan Drive motor vehicle precinct. The neighbouring site to the east is vacant. An aerial
photograph of the site and its surrounds is shown in Figure 3 below.
Page 30 of 65
Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Figure 3 – Aerial Photograph of Site
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each
statutory planning instrument relevant to the development, which for this application include:
The Single State Planning Policy;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
the Planning Scheme for the local government area; and
Assessments against these are discussed in the sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policies
Not applicable.
Page 31 of 65
Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
South East Queensland Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan 2009 – 2031 and the associated
Regulatory Provisions.
3.3. Statutory Instruments – Planning Scheme
The site is located in the Noosaville Locality and is zoned industry. The proposed retail use is
identified an inconsistent use within the zone and required to follow an impact assessable
application process.
Locality Provisions
The Overall Outcomes sought for the zone under the Noosaville Locality Code state:
For the Industry Zone—land in this zone—
i. consists of the Noosaville Industrial Estate, being Noosa’s principal industrial centre;
ii. is protected for industrial functions including Industrial business Type 2 to the exclusion of
incompatible uses including Residential Uses, Community Uses, Commercial business and
most sport and recreation uses and Retail business uses;
iii. has high accessibility to arterial roads and the Bruce Highway;
iv. does not accommodate uses that would harm the environment through excessive noise,
odour, dust, or other waste;
v. is developed in a fashion that does not detract from the character of its locality or impact on
the major road network;
vi. provides important industries and service-related businesses to the whole of Noosa, but
particularly the coastal area and the north-east area of the former Maroochy Shire; and
vii. provides for a high level of runoff water quality to Eenie Creek and Lake Doonella;
The shop/café use raises conflicts with (ii) above and therefore raises a high-level planning
scheme conflict for which the Sustainable Planning Act requires there must be sufficient grounds
to overcome the conflict if the application is to be supported. The applicant recognises the
conflict and identifies the following grounds:
whilst the proposal comprises an inconsistent use, this use is not considered to be
‘incompatible development’. Takeaway food establishments are not uncommon in industrial
areas, serving the needs of a range of tradespersons and employees working in the nearby
area;
the Use Area of the inconsistent shop relates to a total of 19.7m2 [now 14.7m2] which is a
minor portion (approx. 5%) of the overall use area;
the proposal will provide workers with choice and quality options for lunches, thus providing a
desirable social outcome for the local workforce;
the proposal, in providing for conveniently located retail services, provides the opportunity for
increased walkability – contributing to contemporary triple bottom line considerations; and
the proposed development will neither compete with nor, as a result, threaten the viability of
existing large format retailers. Rather, it will be a proportionate complement to the higher
order retailing that already services the identified Trade Area’s population.
In all, the main existing use (which represent 95% of the development footprint) comprise
‘consistent’ uses within the Industry Zone and by nature fundamentally support the Overall
Outcomes for the Noosaville locality. The ‘inconsistent use’ proposed is minor in nature, ancillary
to and complimentary with the main uses.
Page 32 of 65
Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
The application notes a recent development approval MCU14/0102 for a service station, shop,
tradies café and industrial tenancies at nearby land fronting both Eumundi Noosa Road and
Lionel Donovan Drive identified a need for a tradies café in the area to service the needs of
workers in the catchment. However, subsequent changes to that approval deleted the trade café
use and replaced it with a KFC fast food outlet with drive through. The applicant states:
As detailed within Council’s own reporting there is a need for a café to service the Lionel
Donovan precinct. The applicant’s proposed cafe will meet this need for more and better
lunchtime options for the local workforce. It is easily accessible for pedestrian access, operates
hours that are complementary to the businesses within the precinct, and has a floor space which
is minor and significantly under that which council’s [previously reported as] sustainable.
The grounds to allow the use identified by the applicant are broadly supported. The proposal
does represent a minor non-conforming component of the Kitchen Shed business and the overall
development within the complex. The Kitchen Shed operation has been inspected and observed
to be performing bone fide industrial functions, which the applicant states include:
Food preparation and production for Gaston’s Restaurant.
Food preparation and production for Kitchen Shed catering.
Facilities and equipment for hire for food producers to undertake food preparation in an
approved and licensed kitchen.
Storage of equipment for both Gaston’s and Kitchen Shed’s off site catering, i.e. tables,
chairs, crockery and glass wear etc.
Wholesale supplier and distributor of specific restaurant products to other restaurants and
caterers, i.e. coffee, beverages.
The application material also provides customer survey feedback, which it says demonstrates
customers predominantly work in the immediate area and are buying lunch to eat off site.
It is considered the Kitchen Shed shop/café does help meet the needs of workers in the
catchment, particularly those within the Lionel Donovan Drive precinct. The approved KFC fast
food outlet may meet some needs for local workers but not to the extent of the previously
proposed tradies café on that site. The proposed retail use is supported, with grounds to
overcome the planning conflict identified in the recommendation section of this report.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Driveways & Carparking Code
The application has been assessed against each of the above applicable codes and can comply
subject to standard conditions. The small net use area of the café does not trigger a requirement
for additional parking spaces.
4. CONSULTATION
4.1. IDAS Referral Agencies
Nil.
4.2. Other Referrals
Nil.
Page 33 of 65
Section 34
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. 19 properly made submissions were received. All submissions were in
support of the development and completed on a template pro-forma stating the following:
The statements made in the submissions are noted and generally supported.
5. CONCLUSION
The application seeks approval for a shop/café, which is identified as an inconsistent use with
Noosaville’s Industry zone under The Noosa Plan. The Kitchen Shed operation has been
inspected and observed to be predominantly a bona fide industrial business for storage and
processing associated with Gaston restaurant and an off-site catering business. The shop/café
use is a minor component and meets identified need for a lunch facility in the area. In particular,
for workers in the Lionel Donovan motor vehicle precinct.
It is considered sufficient grounds exist to support the application, despite the planning conflict,
and these are identified in the recommendation section of this report. The application is
recommended for approval, subject to conditions.
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 34 of 65
Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Page 35 of 65
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=Section 36
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
3 NOOSA PARKLANDS DRAFT PARK MANAGEMENT PLAN
DOCUMENT INFORM AT ION
Author Principal Environment Officer, Peter Milne
Planning & Infrastructure Department
Index ECM/Subject/Parks and Reserves
Attachments 1. Draft Noosa Parklands Park Management Plan (60 pages – provided
separately to this agenda. Two hard copies available in the Councillors Room)
2. Noosa Parklands Wooroi Creek Hydrological Report
RECOMMENDATION
That Council note the report by the Principal Environment Officer to the Planning & Environment
Committee Meeting dated 7 June 2016 and agree to commence public consultation on the Draft
Noosa Parklands Park Management Plan.
REPORT
Council has received a number of complaints about Heritage Park concerning maintenance,
mosquitos, potential flooding and bushcare plantings. One resident has lodged a complaint with
the Local Government Ombudsman. In response to these complaints, the Manager Civil
Operations proposed the development of a park management plan. Funding was allocated
through the budget review process and Ecosure Consultants were engaged to develop the Plan.
The purpose of the management plan is to clarify the management intent for the park, identify the
park’s values and help resolve some of the issues residents have raised.
Heritage Park Bushland Reserve and Recreation Area cannot be managed in isolation. The
parks have connecting pathways, a waterway and a fire trail network. Therefore the management
plan incorporates the following parks as shown on Map 1 (below):
Heritage Park Bushland Reserve
Heritage Park Recreation Area
Harlow Bushland Reserve
Satinay Bushland Reserve
Palm Grove Park
Palm Grove Bushland Reserve
Lomandra Park
Lomandra Bushland Reserve
The Draft Plan identifies the management objectives of protecting and enhancing the natural,
cultural, recreational and community values of the park. Issues that have been raised by
residents concern management of pest plants and animals, natural hazards, standard of
recreational facilities, and signs and education. These issues are discussed below.
1. Pest plants and animals
Like other areas in Noosa Shire, weeds have become established in the park either by natural
dispersal or through the dumping of garden waste. Council will continue to manage weeds in
accordance with the Noosa Shire Pest Management Plan 2015-2019 and the Parks and Natural
Areas Section operational work priorities. The Heritage Park Bushland Reserve Group is very
active with weed control in the area and Council will continue to support this programme.
Page 36 of 65
Section 37
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Map 1. The Noosa Parklands Park System
One particular issue that has been raised is that the Heritage Park lagoon is currently infested
with the waterweed Salvinia molesta. This waterweed is a Class 2 declared weed and was
probably introduced into the lagoon from the emptying of a fish tank. Council has attempted to
remove the weed in the past without success. In consultation with Noosa and District Landcare, it
is unlikely that the weed will ever be eradicated. A maintenance programme to keep the weed
‘down’ would cost $5,000 per annum ongoing and would not eradicate the weed. There is no
evidence the waterweed is dispersing along the waterway, and there is also risk of translocating
the weed to other areas from netting and disposal. A maintenance programme may improve the
visual appearance of the lagoon for short periods, but will have questionable environmental
benefits. It is a recommendation of the Plan that the Salvinia be left to natural processes and not
be interfered with.
2. Natural hazards
The Noosa Local Disaster Management Plan 2015-2016 identifies fire and flood as being
Noosa’s highest natural hazard risk areas.
Wooroi Creek flows through Noosa Parklands, and like other creeks in Noosa Shire, floods
during peak rain events. There has been some local flooding of roads (pers. comm. with local
resident). It has been the practice for Council to clean out natural debris collecting next to
boardwalks within the waterway as a measure to mitigate flooding at a cost of $4,000 per annum.
Hydrology and Water Management Consultants have assessed the effectiveness of this practice
and provided advice.
Because the boardwalks occur in the flood plain, flood waters simply overtop the debris or flow
around the obstruction. Therefore the practice of removing debris from the waterway is ineffective
for flood mitigation purposes and is more of amenity issue.
Page 37 of 65
Section 38
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
It is a recommendation of the Plan that the practice of removing natural debris from the waterway
discontinue. Removal of debris and vegetation can actually cause more erosion problems by
exposing soil and increasing potential water velocity. It is more important that roadway culverts
be kept clear because the roadway could act as a barrier to flood waters. Similarly, the Lomandra
plantings that define the boundary between mown areas and bushland reserve, also have limited
impact on retaining floodwaters during peak events. A copy of the hydrology report is included in
the Plan.
The parks surrounding Noosa Parklands are rated as having a high to very high bushfire hazard
rating. The Queensland National Parks and Wildlife Service have recently completed 15-20m fire
trails around the boundary of Noosa Parklands and Tewantin National Park. Internal fire trails
have been established around Council’s reserve system, but the Plan proposes continued fire
trail works to consolidate the fire trail network. The highest risk areas (Harlow and Satinay
Bushland Reserve) are currently being assessed for fire fuel hazard by consultants which will
determine whether planned burns are needed. Fire management at Noosa Parklands parks will
continue to be managed in accordance with the Noosa Shire Bushland Reserve Fire
Management Plan 2015.
Council’s Parks and Natural Areas team complete pathway and fire trail inspections to check for
hazardous trees. The Plan supports the case for a pro-active risk/benefit assessment of the park
recreation area trees to inform future tree management programs.
Council’s Vector Management section has undertaken mosquito trapping in Noosa Parklands.
The mosquitos identified are Aedes procax which breed in bushland ground pools, probably in
the surrounding National Park and in temporary ponds in Wooroi Creek. The species can be a
vector in disease transmission. Some residents have suggested that the temporary ponds in
Heritage Park could be drained to reduce mosquito breeding. This measure would have a limited
impact on mosquito populations because ponding also occurs in neighbouring localities.
Mosquitos can travel for many kilometres to bush and garden areas in Noosa Parkland and local
mitigation activities would not alleviate this. The Plan recommends against draining of creek
ponds because it is unlikely to reduce mosquito population and such an action would impact on
other native species.
3. Recreational values
The Plan acknowledges the recreational value of the park to local residents. As a local park, the
recreational facilities provided are considered adequate for demand and the provision of open
grass areas is sufficient space for recreational users. Apart from a proposed new pathway
linkage at the southern end of Heritage Park (see Map 2), two new bench seats and new signs,
there are no further embellishments needed for the park. The new pathway, seating and signs
could be considered for funding from the Priority Infrastructure Plan (PIP). Map 2 also shows a
proposed pathway renewal at the southern end of Heritage Park. Council will continue to manage
the recreation park and connecting pathways along with shire-wide park operational
management priorities.
Noosa Parklands Park Action Plan
Fifteen actions to implement the Plan are identified in the Action Plan. Key actions include:
Review and upgrade park signage including installing an interpretive sign at each of the
main park entrances;
Develop a whole of site ecological restoration plan based on Council’s Pest Management
Plan and Biodiversity Operational Assessment (BOA) plan done previously;
Improve the pathways at the southern end of Heritage Park by constructing a new pathway
link and renewing the existing path;
Page 38 of 65
Section 39
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Continue to implement the Noosa Bushland Reserve Fire Management Plan actions in
relation to fire trail development and planned burns, if required;
Provision of additional arborist resources to undertake a pro-active risk/benefit assessment
of the park recreation areas to inform future tree management programs.
Map 2. Noosa Parklands Park Infrastructure map (update map)
Previous Council Consideration
Nil.
Finance & Risk
Fire trail works are already funded through the 2015/2016 operational budget.
The pathway ‘missing link’, extra seating and interpretive signs would cost $76,000 and is
proposed as an item in the review of the Priority Infrastructure Plan (PIP) for Council’s new Local
Government Infrastructure Plan (LGIP).
A pro-active risk/benefit assessment of trees undertaken by a qualified contractor is required in
the Noosa Parkland Park recreation areas.
Page 39 of 65
Section 40
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Consultation
External Consultation - Community & Stakeholder
It is proposed that a six week public consultation period for the Plan be undertaken through
Council’s Your Say Noosa web portal.
Several residents, Noosa and District Landcare and the Heritage Park Bushland Care Group
have been consulted during development of the draft Plan.
Internal Consultation
Cr Joe Jurisevic
Civil Operations-Parks and Natural Areas
Environmental Health-Pest and Vector Management
Departments/Sections Consulted:
Chief Executive Officer x Community Services x Corporate Services
Executive Officer to the Mayor & CEO Community Facilities x Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
x Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service x Civil Operations
Economic Development x Infrastructure Planning & Design
Governance x Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 40 of 65
Section 41
Page 41 of 65
ATTACHMENT 2
PO Box 120 Coolum Beach Qld 4573
Hydrology & Water M0408 194629
. Email [email protected]
Management Consulting Web www.hydrologyandwater.com.au
ABN 25 153 466 981 ACN 153 466 981
4" May 2016 Our Reference: J00225Lt1 V4
Noosa Council
By email: [email protected]
Effectiveness of Debris Removal in Relation to Property Protection at Noosa Parklands.
1. INTRODUCTION
Hydrology and Water Management Consulting Pty Ltd (HWMC) has been commissioned to provide
Noosa Council with advice in relation to the effectiveness of removing debris from the Noosa
Parklands floodplain and creeks, specifically in relation the potential for protecting properties from
flooding. For the purpose of this report, the term debris encompasses the range of naturally
occurring loose ‘woody’ material found on the floodplain and within creek banks. It covers materials
such as palm fronds, sticks, branches and fallen logs.
HWMC is a specialist hydraulic consultancy that has considerable experience carrying out flood
investigation for local governments and the development industry. We are based on the Sunshine
Coast and over the last few years we have carried out several flood investigations on behalf of
Noosa Council. This includes development of the Daintree Estate flood mitigation strategy situated
in the adjacent catchment to the north of Noosa Parklands.
2. SCOPE OF WORK
This project has been carried out in accordance with the agreed scope of works which has included
the following key tasks:
e Review of background material
e Field visit to gain appreciation of catchment and floodplain.
e Analysis of historical rainfall
e Reporting
3. BACKGROUND
Residents at Noosa Parklands have expressed concern about the frequency that flooding is
occurring through the Parklands. The community has expressed concern that the accumulation of
wooden debris and palm fronds across the floodplain and within the creek channels exposes their
homes to an increased flood risk.
In order to help understand this risk, Noosa Council have commissioned HWMC to carry out this
investigation which is being undertaken in combination with the Noosa Parklands Park Management
Plan.
Image 3-1 is a photo taken which shows the extensive covering of fallen palm fronds across the
forest floor.
Residents have also expressed concern over the planting of Lomandra within the floodplain. There
concerns are that the Lomandra plants hold back floodwaters and increase flood levels near their
properties.
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Page 41 of 65Section 42
Page 42 of 65
< Management Consulting
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Page 42 of 65Section 43
Page 43 of 65
< Management Consulting
4. CATCHMENT DESCRIPTION
Noosa Parklands is situated between Cooroy-Noosa Road and Golf Course Drive in Tewantin. It is
situated within the Wooroi Creek catchment which drains northwards to the Noosa River. The
location of Noosa Parklands is shown on Image 4-1 and the topography of the catchment is shown
on Image 4-2. The Wooroi Creek total catchment area draining to Golf Course Drive just
downstream of the estate is 6.3km?.
The floodplain elevation at the downstream extent of the estate is generally around 4.5 m AHD
which is approximately 1.5 m above the 1% Annual Exceedance Probability (AEP) Noosa River
flood level.
The main branch of Wooroi Creek through the Noosa Parklands Estate has a floodplain width
typically in the range of between 80m to 160m.
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Page 43 of 65Section 44
Page 44 of 65
Hydrology & Water
Management Consulting
2
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Page 44 of 65Section 45
Page 45 of 65
< Management Consulting
5. EFFECTIVENESS OF DEBRIS REMOVAL FOR FLOOD PROTECTION
In most cases it is generally not considered appropriate to remove debris from a natural floodplain
for the purpose of flood management. While increased levels of debris will generally have some
impact on peak flood levels, on a wide flat floodplain such as that of Wooroi Creek, these increases
would generally be expected to be minor.
There are a range of issues with clearing debris from a natural creek system, with one of these
being that clearing debris will often cause more debris to become available. The reason for this is
that debris acts to slow flood waters down. Removal of debris will speed up flood waters which will
in turn have potential to increase erosion and cause more debris to become available (e.g. trees
more likely to fall as creek banks erode).
It is considered standard practice for local governments to leave natural debris in place in a natural
creek system. Without extenuating circumstances, debris should typically only be removed for the
purpose of flood management when it is nearby to hydraulic structures (e.g. culverts) which have
potential to become blocked.
6. IMPACT OF THE LOMANDRA PLANTINGS
Lomandra plants are commonly used for planting along water courses because they are a hardy
plant tolerant of wet and dry periods and they are an effective soil stabiliser. Generally, the planting
of Lomandras in a bushland floodplain setting is appropriate however care should be taken to
minimise the potential for these plantings to obstruct flow paths which may impact upon properties
or infrastructure. While it is unlikely that these plantings will have a large impact during large floods
because their resistance to flow becomes drowned out as leaves are pushed over with floodwaters,
it is possible that dense plantings of Lomandras could impact upon the frequency of flooding during
minor / moderate events and could therefore potentially cause a nuisance, rather than a hazard.
While the current Lomandra plantings are not considered a significant issue in relation to flood
hazard, it is recommended that the risk from future plantings be mitigated by:
1. Avoiding dense planting in areas know to be active flow paths nearby to any properties or
infrastructure that may be sensitive to flooding;
2. Allow breaks in any continuous rows of planting;
3. Align any rows of planting parallel to flow paths rather than perpendicular to flows.
7. HISTORIC RAINFALL ANALYSIS
In light of community concerns that the frequency of flooding through the parklands can be
attributed to high level of debris, HWMC has undertaken an analysis of historic rainfall which has
been recorded by the Bureau of Meteorology at the Mount Tinbeerwah Alert rainfall gauge.
A response time for a catchment of this size would be expected to be between 1 to 2 hours. What
this means is that, for example, steady rainfall over a period of a day is unlikely to produce flood
levels that are as high as those produced by intense rainfall that falls over a 1 to 2 hour period.
Therefore, when considering peak flood events for the estate, rainfall intensities recorded over a 2
hour period are of most relevance. Peak two hour rainfall intensities recorded every month for the
full historic record are shown on an enclosed chart.
This chart shows that since 2008 there has been 4 separate occasions where greater than 150mm
has been recorded over a 2 hour period at the Mount Tinbeerwah Alert rainfall gauge. Rainfall
intensities of this magnitude would be expected to cause flows to break out from creek banks and to
flow across the floodplain, regardless of debris levels.
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Page 45 of 65Section 46
Page 46 of 65
< Management Consulting
8. CONCLUSSIONS
Clearing of the natural debris from the Wooroi Creek floodplain and creek system would be
expected to provide only a marginal and relatively short term potential reduction in major event peak
flood levels through the estate. Generally, clearing of natural debris from a natural creek system is
not considered best practice for flood mitigation. The main exception to this is where debris is
located near a hydraulic structure that is at risk of becoming blocked.
It is noted that there may be other reasons to carry out certain debris clearing activities, such as
improved amenity, however the benefits of these would need to be weighed against the monetary
and environmental cost of these activities.
Please feel free to contact us with any queries and we look forward to hearing any feedback you
may have.
Kind Regards,
Rob Stewart MIEAust CPEng
Director
RPEQ 13272
Enc: Chart of Historic Rainfall Intensities
|
Page 46 of 65Section 47
Page 47 of 65
Rainfall Total (mm)
= BR N N
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6/2002
9/2002 s
o
222002 &
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3
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9/2003 e
12/2003
ss —
6/2004
9/2004
12/2004
3/2005
6/2005
9/2005
12/2008 ——————____
3/2006
6/2006
9/2006
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3/2007 <0
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9/2007 SO
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a
6/2009 a > a
9/2009 an o &.
12/2009 a
3/2010 Qa =
o
S010 & 3
9/2010 Oo
— _ ~~ =
22/2010 ——+$—_ a
——— |
3/2011
6/2011
9/2011
2201. ———T
3202 —
6/2012
9/2012
12/2012
3/2013
6/2013
9/2013
=
12/2013 8
3/2014 ———___— &
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3/2015 6
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9/2015 &
12/2015 i
v 8 a
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o
olSection 48
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
4 AMENDMENTS TO ENVIRONMENT LEVY POLICY
DOCUMENT INFORM AT ION
Author Manager Planning and Environment, Kerri Coyle
Planning & Infrastructure Department
Index ECM/ Subject/ Environment Levy
Attachments 1. Amended Environment Levy Policy
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager Planning and Environment to the Planning &
Environment Committee Meeting dated 7 June 2016 and adopt the amended Environment Levy
Policy as set out in Attachment 1 to the report.
REPORT
This report considers the funding principles associated with the Environment Levy Policy and
provides recommendations to Council regarding the expenditure of funds to support the
maintenance of acquired lands with the levy.
1. Background
The Environment Levy Policy was adopted by Council on the 15 January 2015. The purpose of
the Environment Levy is to raise funds to conserve and/or improve biodiversity in the Noosa
shire. The key aims of the levy are to:
Protect environmentally significant land through acquisition;
Support the Voluntary Conservation Agreement program where such involvement adds to
the protection/enhancement of biodiversity in the Noosa Shire and/or promotes or
enhances biodiversity and wildlife corridors; and
Allow for the provision of funding to the Noosa Biosphere Reserve Trust so that Noosa
Biosphere Reserve Foundation Ltd may undertake projects that are in keeping with the
purpose of the Levy.
The Environment Levy generates approximately $1.8M per annum. This levy is apportioned
across the above 3 programmes in accordance with Council’s annual budget review and
programme priorities. In respect to the acquisition of environmentally significant land, the
Environment Levy Policy states the funds can be used for acquisition of lands and
(i) Assessment of land under consideration for purchase through the Levy.
(ii) The purchase costs of acquiring parcels of land including any associated consultancy, legal
fees, transfer fees and background assessments.
(iii) Engaging third parties to act on Council’s behalf in the negotiation and acquisition of priority
properties.
(iv) The immediate establishment costs associated with acquired parcels of land including but
not limited to management planning, fencing, weed management and fire management
Page 48 of 65
Section 49
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
2. Management of Environmental Levy Acquired Land
Since 1996, 32 parcels of land covering 1500ha, have been purchased with the Environment
Levy, with 6 of these parcels dedicated as national park. The acquisition of environmentally
significant land is part of a wider strategy for landscape protection and
preservation/enhancement of biodiversity in Noosa Shire.
However, weed invasions, various land use encroachments, inappropriate recreation use and
feral animals all impact on the environmental values of these reserves. Ongoing management in
the form of weed and pest control as well as fire-trail maintenance is required to protect these
values now and for future generations. Generally, funding of these activities has occurred from
general rates although historically funding for these purposes has been limited. Consequently in
some instances significant works is required to be undertaken and is necessary if the biodiversity
values of these reserves are to be maintained and enhanced in the future.
The levy is not currently used for operational matters, but it would be reasonable to allocate
some of the levy funds towards on-going maintenance costs of land acquired with the
environment levy. This would be consistent with the overall intent of the levy to conserve and/or
improve biodiversity in Noosa Shire. Funding for this purpose may be allocated to the
management of these lands in accordance with Council’s annual budget review and approved
Management Plans for individual reserves, including a fully costed maintenance programme.
Previous Council Consideration
Ordinary Meeting, 15 January 2015, Item 6, Page 18
That Council note the report by the Principal Environment Officer to the General Committee
Meeting dated 12 January 2015 and
A. Adopt the Noosa Environment Levy Policy as set out in Attachment 1;
B. Endorse the development of an Environment Levy Guideline to guide the implementation of
the Environment Levy Policy;
C. Endorse the development of Strategic Biodiversity Corridor maps to assist with the
implementation of the Environmental Levy; and
D. Endorse the formation of an Environment Levy Working Group consisting of the Council
staff identified in the report minus the Coordinator Financial Services but including
Councillor Wellington.
Finance & Risk
Costs will be drawn annually from accumulated Environment Levy Funds, subject to budgetary
processes.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Civil Operations
Page 49 of 65
Section 50
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
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 50 of 65
Section 51
ATTACHMENT 1
Page 51 of 65
ATTACHMENT 1
| ¢ ) | NOOSA Council Policy
© | COUNCIL ENVIRONMENT LEVY POLICY
Corporate Plan Reference: Looking after community assets
Endorsed by Council: <Insert Date of Ordinary Meeting >
Policy Author: Director Planning & Infrastructure
POLICY PURPOSE
The purpose of the Environment Levy (“the Levy”) is to raise funds to conserve and/or improve
biodiversity in the Noosa Shire. This policy outlines the environmental and administrative principles
that will provide direction for the allocation of Environment Levy funds by Council.
The head of power for the Levy comes from Section 94 of the Local Government Act 2009 that
gives Council the ability to impose a separate charge on all rateable land in the shire. In doing so,
Council can only use funds raised via a separate charge for the specific purpose identified in the
revenue statement adopted each year as part of Council’s annual budget process.
In that context, this policy provides guidance and further details about how the Council will manage
the Levy and its implementation.
Key aims of the Levy are to:
e Protect environmentally significant land through acquisition;
e Support the Voluntary Conservation Agreement program where such involvement adds to the
protection/enhancement of biodiversity in the Noosa Shire and/or promotes or enhances
biodiversity and wildlife corridors; and
e Allow for the provision of funding to the Noosa Biosphere Reserve Trust so that Noosa
Biosphere Reserve Foundation Ltd may undertake projects that are in keeping with the
purpose of the Levy.
POLICY SCOPE
This policy applies to all programs, activities or incentives that are directly or indirectly funded or
supported, wholly or partly, by the Levy.
Council will review the amount of the Levy each year as part of the preparation of the annual
budget and adoption of the annual revenue statement.
The Levy will be supported by an Environment Levy Guideline to guide staff in operational matters
relating to the implementation of the Environment Levy Policy.
POLICY STATEMENT
The allocation of Levy revenue will be limited to the following three primary output categories:
1. Acquisition of Environmentally Significant Land
The acquisition of environmentally significant land shall be part of a wider strategy for landscape
protection and preservation/enhancement of biodiversity in the Noosa Shire. One or more of the
following approaches may result in land purchases:
e _Landholders contacting Council with an offer to sell;
e Council contacting owners of high priority parcels of land with offers to purchase;
Page 51 of 65Section 52
Page 52 of 65
COUNCIL POLICY - ENVIRONMENT LEVY POLICY
e Purchasing land that’s already for sale on the open market;
e Seeking expressions of interest from owners interested in selling their land.
Determining which properties might be purchased shall be achieved by compiling a Preferred
Acquisition List. Council will establish an Environment Levy Working Group to develop and
review the list in consideration of the following priorities:
Biodiversity Attributes
The land will preserve or enhance biodiversity in the Noosa Shire and the land has biodiversity
attributes that warrant high-level protection.
Regional Ecosystem (RE) Attributes
The land will make a significant contribution to the resilience of regional and locally significant
ecosystems, particularly where those ecosystems are considered to be at risk.
Connectivity
The land will add to an identified or potential wildlife corridor consistent with a longer-term strategic
land conservation strategy. The land may thus fall within Council’s identified Strategic Biodiversity
Corridors.
Consolidation
The land will consolidate and build on existing areas managed for nature conservation consistent
with a longer term strategic land conservation strategy.
Species Protection
The land contains plant and/or animal species that are identified as being Endangered, Vulnerable
or Near Threatened under the Queensland Nature Conservation Act, 1992 and the Nature
Conservation (Wildlife) Regulations 2006, or identified as locally significant species.
Threat Level
The land is identified as meeting some or all of the above criteria and is not adequately protected
under statutory mechanisms and is under threat of inappropriate development or other
inappropriate land use.
Value for Money
The land represents good value for money.
Environmental offsetting and rehabilitation potential
The land may be vegetated or already cleared or partly cleared, and located within a strategic
biodiversity corridor, and is suitable for purchase for environment offset opportunities.
Priority properties will undergo detailed assessments before being recommended for purchase.
2. Support for Voluntary Conservation Agreements
The Voluntary Conservation Agreement (VCA) program is a high level protective mechanism that
supports private landholders wishing to conserve their property’s environmental values in
perpetuity by registering a covenant on title over some or all of the property.
A conservation covenant is the legal mechanism used to permanently protect the portion of the
property covered by the VCA. It is registered under the Queensland Land Title Act 1994.
Conservation covenants place conditions on the title that run with the land and are binding on
future owners.
Page 52 of 65Section 53
Page 53 of 65
COUNCIL POLICY — ENVIRONMENT LEVY POLICY
Through its support for VCAs, Council may choose to work with landholders to protect biodiversity
beyond the confines of state and Council owned land. Thus partnerships may be generated
between landholders and Council to conserve natural values on privately owned land. Council will
provide incentives to VCA landholders for environmental works as per an agreed Environment
Management Plan and/or imposition of an environmental covenant on the land title. It is noted that
VCAs, by significantly expanding the overall conservation estate, can represent excellent value for
dollar spend.
Similar to the Acquisition of Environmentally Significant Land program, potential VCA properties
will be assessed on their biodiversity attributes, regional ecosystem attributes, connectivity,
consolidation, species protection, and rehabilitation opportunities. VCAs that are proposed for land
that is identified on Council’s Preferred Acquisition List will receive the highest priority. VCAs that
contribute to Strategic Biodiversity Corridors will also be considered favourably.
Where land acquisition may not be an option for a particular parcel of land, the VCA program may
be a suitable alternative for the landholder.
Council will establish an Environment Levy Working Group to make annual recommendations to
Council regarding new and ongoing support for individual Voluntary Conservation Agreements.
3. Contributions to the Noosa Biosphere Reserve Trust
The principal purposes contained in the Trust Deed for the Noosa Biosphere Reserve Trust are:
(i) advancing the protection and enhancement of a significant aspect of the natural environment,
being the natural ecosystems and biodiversity of the Noosa Biosphere Reserve; and
(ii) advancing research, education and information about a significant aspect of the natural
environment, being the Noosa Biosphere Reserve.
As Trustee of the Noosa Biosphere Reserve Trust, the Noosa Biosphere Reserve Foundation Ltd
may utilise funds held in the Trust to achieve the purposes of the Trust.
The purposes of the Noosa Biosphere Reserve Trust are in keeping with the overarching purposes
of this policy. Council may thus choose to allocate a proportion of the Levy funds to Noosa
Biosphere Reserve Trust to fund projects that are directed towards protecting and advancing the
natural environment.
The Levy amount to be contributed to the Noosa Biosphere Reserve Trust will be determined by
Council as part of the annual budget process.
It is expected that projects approved by Noosa Biosphere Reserve Foundation Ltd that utilise Levy
contributions will be for projects that conserve and/or improve biodiversity in the Noosa Shire and
which have tangible and measurable outcomes.
USE OF REVENUE
e The apportionment of Environment Levy funds across the three programs of Acquisition of
Environmentally Significant Land, Support for Voluntary Conservation Agreements and
Contributions to Noosa Biosphere Trust will be subject to Council’s annual budget review and
program priorities.
e All revenue including any revenue raised through approved Levy business activities is to be
accounted for separately from Council’s general revenue and shall not at any time be available
for expenditure as general revenue.
e The Levy can be used for leveraging grants and partnership opportunities from the state and
federal governments and other agencies, provided there is no impediment to achieving the
agreed outcomes of Levy funding.
e Financial management of Levy revenue must be in accordance with relevant legislation and
Council policies.
Page 53 of 65Section 54
Page 54 of 65
COUNCIL POLICY - ENVIRONMENT LEVY POLICY
FUNDING PRINCIPLES
Management of EL funds shall be subject to the following principles.
1. Acquisition of Environmentally Significant Land
a) | Funds can be expended on acquisition of environmentally significant lands. These funds can
be used for:
(i) | Assessment of land under consideration for purchase through the Levy.
(ii) | The purchase costs of acquiring parcels of land including any associated consultancy,
legal fees, transfer fees and background assessments.
(iii) Engaging third parties to act on Council’s behalf in the negotiation and acquisition of
priority properties.
(iv) The immediate establishment costs associated with acquired parcels of land including
but not limited to management planning, fencing, weed management and fire
management.
b) Council may seek to maximise opportunities for purchasing lands utilising external funding
where appropriate.
c) The Levy revenue may not be used to acquire land for parks where the primary purpose is
recreation.
d) Any acquisition and disposal of land will be carried out in accordance with the Local
Government Act 2009.
e) _ Initiatives able to be undertaken after the land is acquired with Levy funds include but are not
limited to:
(i) | The excision and sale of portions of acquired land that are deemed unsuitable for the
purpose of the Levy and the considered future use will not adversely impact upon the
identified values of the balance area.
(ii) | On-selling an acquired site to a purchaser who undertakes a statutory covenant (or
other statutory mechanism) that is registered on the land title (in accordance with the
Land Title Act 1994) and expressly protects and manages the conservation values of
the property.
(ili) The agistment, hiring, leasing, renting or selling any part, portion or product derived
from acquired land including any built structures and any agricultural or natural
resources generated within, on or under the property provided that these activities do
not conflict with the ecological and waterway protection and management of the
property and is consistent with other principles contained in this Policy.
f) Recurrent land management operational costs related to Council owned land should not be
funded from the Levy, apart from land acquired with the Environment Levy.
2. Funding for Voluntary Conservation Agreements
a) Costs of surveying the covenant.
b) Costs associated with developing the agreement.
c) A potential rate contribution when all outcomes of the Environment Management Plan are
met.
Page 54 of 65Section 55
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COUNCIL POLICY - ENVIRONMENT LEVY POLICY
3. Funding of Noosa Biosphere Reserve Trust
Levy funds may be allocated to Noosa Biosphere Reserve Trust for dissemination by Noosa
Biosphere Reserve Foundation Ltd in accordance with the purposes of the Trust Deed.
The amount of money allocated from the Levy to Noosa Biosphere Reserve Trust will be
determined during annual budget deliberations. Information provided by Noosa Biosphere Reserve
Foundation Ltd to Noosa Council may be used to help make this determination.
ENVIRONMENT LEVY GUIDELINES
Specific provisions for implementing Acquisition of Environmentally Significant Land and Support
for Voluntary Conservation Agreements will be detailed in the Environment Levy Guidelines.
With regard to Acquisition of Environmentally Significant Land, the Guidelines will include details
about identification of Strategic Biodiversity Corridors, identification of at-risk Regional Ecosystems
and Species, methodology for developing the Preferred Acquisition List, assessment criteria for
land being considered for purchase, review of the effectiveness of the land acquisition program,
and mechanisms for reporting on the Acquisition program.
With regard to Support for Voluntary Conservation Agreements, the Guidelines will include
eligibility criteria, minimum and maximum financial incentives based on the size and suitability of
the land under covenant, components of the Environmental Management Plan including fire
management planning, and processes for developing a VCA with a landholder.
ENVIRONMENT LEVY WORKING GROUP
The Environment Levy Working Group will make recommendations to Council on the spending
of Environment Levy funds. The Committee will consist of:
Principal Environment Officer
Senior Environment Officer (Planning)
Natural Areas Operations Coordinator
Coordinator Property and Land Management
Principal Strategic Planner (Land Use)
Coordinator Financial Services
One Councillor appointed by Council
DEFINITIONS
“Biodiversity” refers to the variety of all life forms - all the different plants, animals and micro-
organisms, and the ecosystems of which they are a part.
“Environment’ refers to the use of the word to describe the natural (not man-made) environment
of the region and includes the natural ecological systems of air, water, soil and associated species
of flora and fauna.
“Environment Levy” ” refers to a Levy raised by Noosa Council (in accordance with section 94 of
the Queensland Local Government Act 2009), on all rateable properties within its jurisdiction, in
order to meet the objectives in this policy.
“Regional Ecosystem” refers to distinct vegetation communities associated with specific
landforms and soil types as identified by the Queensland Herbarium.
“Wildlife Corridor” refers to a link of wildlife habitat, generally native vegetation, which connects
core areas of wildlife habitat to allow for the safe movement of fauna species and sustains wildlife
populations.
“Noosa Biosphere Reserve Trust" refers to the entity governed by the Noosa Biosphere Reserve
Trust deed, with Noosa Biosphere Reserve Foundation Ltd as its sole Trustee.
Page 55 of 65Section 56
Page 56 of 65
COUNCIL POLICY - ENVIRONMENT LEVY POLICY
“Noosa Biosphere Reserve Foundation Ltd" refers to the company limited by guarantee
governed by the Constitution of Noosa Biosphere Reserve Foundation Ltd.
“Strategic Biodiversity Corridors” are broad tracts of vegetated, cleared and partly cleared land,
extending across the Noosa landscape that consolidate or connect core habitat, and can occur
across private and/or public land.
FURTHER INFORMATION REGARDING VOLUNTARY CONSERVATION AGREEMENTS
e Areas on subject land can remain exempt from the Voluntary Conservation Agreement and
can be used for other purposes (e.g. grazing, orchards, open space).
e AVCA does not grant any public right of access to the land.
e AVCAis entirely voluntary.
e AVCA takes account of the needs and circumstances of the landholder.
e VCAs provide significant incentives for the landholder to contribute to biodiversity in the Noosa
Shire.
e Properties that have conservation covenants may be available for grants and other funding
from state and federal governments.
RELATED POLICIES AND LEGISLATION
e Local Government Act 2009.
e Existing Biodiversity Strategies and Pest Management Plans.
e Biodiversity Overlay and associated provisions-The Noosa Plan planning scheme for Noosa
Shire
e Qld Environmental Offsets Policy 2014
e Vegetation Management Act 1999
e Nature Conservation Act 1992
e Land Act 1994
Page 56 of 65Section 57
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
5 PLANNING STUDY ON AGRICULTURE AND AGRICULTURAL LAND
DOCUMENT INFORM AT ION
Author Principal Strategic Planner, Rowena Skinner
Planning & Infrastructure Department
Index ECM/ Subject/ Rural Planning
Attachments 1. Agriculture and Agricultural Land in Noosa Shire 2016 (78 pages –
supplied separately to this agenda – 2 hard copies available in the Councillors’ room)
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 7 June 2016 and endorse the study “Agriculture and Agricultural Land
in Noosa Shire 2016” for the purpose of informing the new Planning Scheme.
REPORT
This report presents to Council a planning study into Agriculture and Agricultural Land in Noosa
Shire. The planning study represents an update of an earlier study prepared in 1995 and it
considers contemporary opportunities and challenges for agriculture in Noosa. The purpose of
the planning study is to inform the new planning scheme. It makes recommendations on how the
planning scheme can facilitate rural enterprises as a priority sector, advance the State’s Planning
Interest in Agriculture and protect the amenity and environment of the Noosa hinterland.
1. State Planning Interest
The State’s planning interest in Agriculture is that planning protects the resources on which
agriculture depends and supports the long-term viability and growth of the agricultural sector.
The State’s interest in Agriculture is advanced through the following policies:
Considering the strategic economic significance of important agricultural areas by
promoting and optimising agricultural development opportunities and enabling increased
agricultural production in these areas.
Protecting Agricultural Land Classification (ALC) Class A and Class B land for sustainable
agricultural use by:
(a) avoiding fragmentation of ALC Class A or Class B land into lot sizes inconsistent with
the current or potential use of the land for agriculture;
(b) avoiding locating non-agricultural development on or adjacent to ALC Class A or
Class B land; and
(c) maintaining or enhancing land condition and the biophysical resources underpinning
ALC Class A or Class B land
Facilitate the growth in agricultural production and a strong agriculture industry.
The State’s expectation is that Local Governments will incorporate and integrate these policies
through their planning schemes.
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Section 58
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
2. Relationship with the Local Economic Plan
Council’s Local Economic Plan has identified Rural Enterprise as one of the priority sectors to
drive diversity in the local economic structure. The plan suggests this sector is a good fit with the
sustainability aspirations of this community, offers growth potential and has the opportunity to
leverage a number of the region’s competitive advantages and consumer trends.
The Local Economic Plan also identifies effective land use planning, specifically through the
planning scheme as a mechanism to advance this sector by accommodating changing business
and industry practices and needs.
3. Recommendations for the new planning scheme
The planning study includes various recommendations for the new planning scheme. While the
legislative framework is changing and the terminology and template for planning schemes is still
evolving, recommendations can be summarised in the following points:
The Strategic Framework should make statements
recognising that Noosa Shire is renowned for its landforms and landscape features,
extensive open space and the clean environment;
recognising the contribution of agriculture to Noosa Shire in terms of economic
diversification, food security, cultural (landscape) heritage and stewardship of the land;
describing what is expected of rural enterprises in terms of their impact on the environment;
acknowledging the reliance of a successful agricultural sector on the appropriate planning
of well serviced towns and villages centres to provide rural industries, employment,
community infrastructure, employee housing and services; and
in support of complementary land uses that support the viability of agriculture and do not
alienate or diminish agricultural productivity on the same or surrounding lands.
Mapping should
Clearly define boundaries to urban areas and rural residential estates, distinguishing where
urban growth and non-rural uses will and will not be supported.
Include an agricultural land overlay which is the local interpretation of the State’s
Agricultural Land Classification (ALC) Class A and Class B land, having removed lands
less suitable for agriculture.
Land use zones and overlays should
Identity where the preferred dominant land use is for agricultural pursuits or associated
rural enterprises as opposed to rural living or conservation purposes;
Be supported by desired outcomes that make clear the intention for the land and the uses
and development that would be supported thereon.
Tables of Development and Development Codes should
Ensure that the strategic intent to enable increased agricultural production is actually
facilitated through the scheme;
Minimise the number of agricultural pursuits and rural enterprises that require planning
approval within the rural zone;
Contain very clear desired outcomes and quantifiable solutions to allow self-assessment
wherever possible;
Allow for planning assessment where there is no certainty as to the potential impact of the
development or where conditions are necessary to qualify the development;
Discourage urban uses which are not compatible with agricultural pursuits from
establishing in the rural zone.
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Section 59
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
Previous Council Consideration
Nil.
Finance & Risk
Nil.
Consultation
External Consultation - Community & Stakeholder
The planning study is intended to inform the new planning scheme. While the document could
be shared with key stakeholders such as Department of Agriculture and Fisheries, Country
Noosa and Noosa District Landcare for feedback, it is not anticipated that there will be specific
community consultation on the document. However when the New Planning Scheme Directions
Paper is released for public comment in the second half of this year, this document will be
publicised through the Your Say Noosa community engagement portal, along with other
endorsed planning studies and policy documents.
Internal Consultation
The planning study has been prepared in consultation with Council’s Economic Development
Branch and Planning & Environment Branch.
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
X Economic Development Infrastructure Planning & Design
Governance X Planning & Environment
Human Resources X Strategic Land Use Planning
Sustainability
Page 59 of 65
Section 60
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 JUNE 2016
CLOSED SESSION
6 PLANNING & ENVIRONMENT COURT
APPEAL D384/16 FOR A DEVELOPMENT APPLICATION FOR OPERATIONAL
WORKS PLACING AN ADVERTISING DEVICE - SIGNAGE AT 78 - 80 RENE STREET,
NOOSAVILLE - OPW15/0214
DOCUMENT INFORM AT ION
Author Manager Planning & Environment, Kerri Coyle
Planning & Infrastructure Department
Index ECM/ Application/ OPW15/0214 & Case/ D384/16 Storage First
Attachments Nil
REASON FOR CLOSED SESSION
This report was considered in closed session in accordance with Section 275 (1) of the Local Government
Regulation 2012, which permits the meeting to be closed to the public for business relating to the
following: -
(f) starting or defending legal proceedings involving it
Page 60 of 65