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2021-02-25 Special Meeting Agenda
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AGENDA
Special Meeting
Thursday, 25 February 2021
commencing at 9.00am
Council Chambers, 9 Pelican Street, Tewantin
Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie
“Noosa Shire – different by nature”
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Full text of sections 2 to 72 (of 112)
Section 2
SPECIAL MEETING AGENDA 25 FEBRUARY 2021
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
REPORTS 3
1. MCU19/0114 & RAL19/0027 – APPLICATION FOR A SENIORS LIVING COMMUNITY,
NEW COOROY GOLF CLUBHOUSE & FACILITIES AND BOUNDARY REALIGNMENT &
ACCESS EASEMENT AT 30, 114, 122 & 144 MYALL STREET COOROY 3
MEETING CLOSURE -
Page 2 of 112
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REPORTS
1. MCU19/0114 & RAL19/0027 – APPLICATION FOR A SENIORS LIVING COMMUNITY,
NEW COOROY GOLF CLUBHOUSE & FACILITIES AND BOUNDARY REALIGNMENT
& ACCESS EASEMENT AT 30, 114, 122 & 144 MYALL STREET COOROY
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/ MCU19/0114 and RAL19/0027
Attachments 1. Proposal Plans – Seniors Living Community
2. Proposal Plans – Golf club house and buggy store
3. Proposal Plan - Indicative Golf Course Master Plan
4. Earthworks Plan
5. Infrastructure Agreement
6. Approved SARA plan - Myall Street
APPLICATION DETAILS
Applicant GTH Projects No. 4 Pty Ltd
Proposal Material Change of Use – Entertainment & Dining Type 2 Recreation
amusement fitness (Cooroy golf clubhouse), Multiple Housing - Type
3 Retirement and Special Needs (Seniors Living Community), and
Reconfiguring (Boundary Realignment & Access Easement)
Properly Made Date 12 September 2019
Information Request Date 18 October 2019
Information Response Date 6 May 2020
Decision Due Date 25 February 2021
Number of Submissions 396 – 346 in support, 48 objections and 2 impartial
PROPERTY DETAILS
Property Address 30, 114, 122 & 144 Myall Street COOROY Qld 4563
RP Description Lot 33 MCH 2281
Lot 1 SP 115864
Lot 2 SP 115864
Lot 3 SP 115864
Land Area 16.334ha
12.6ha
2.2ha
7.03ha
Existing Use of Land Golf course and undeveloped rural land
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroy and Lake Macdonald
Zone Open Space Recreation and Rural
Overlays Biodiversity Overlay: Environmental Protection Area and Riparian
Buffer
Natural Hazard Overlay: Bushfire
Natural Resource Overlay: Water Supply Catchment
Assessment Type Impact
Page 3 of 112
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EXECUTIVE SUMMARY
The application seeks approval for a seniors living community of 246 dwelling units. It is also
proposed to reconfigure the site’s lot boundaries such that part of the seniors living community will
be located on the golf course land.
To support the proposed development’s conflict with the planning scheme the applicant proposes
to construct a new golf club house, associated car park and buggy/cart store, pay the membership
for each resident within the seniors living community for 10 years and make a financial contribution
to the golf course for course improvements. The delivery of these works and financial contributions
to the Cooroy Golf Club are to be facilitated through a proposed Infrastructure Agreement.
The site is zoned Rural and Open Space Recreation and under the Noosa Plan 2006 the land is
intended to be appropriately managed and protected such that the scenic and environmental
values, the distinct rural amenity and agricultural productivity are preserved. For that part of the
site zoned Open Space Recreation, the land is to intended to be maintained for recreational
activities for the community.
The application raises concern due to the proposed development’s inconsistency with the planning
scheme’s zoning intent and the application has not demonstrated that there is a planning need for
the proposed development. The following concerns are also raised with the proposed
development:
• The proposed development seeks to use Rural and Open Space Recreation zoned land for
Multiple Housing which is an inconsistent use in these zones.
• The proposed development is for a high density residential development outside the
identified Urban Growth Boundary.
• The proposal will have a detrimental impact on the scenic vista from the major road network
and the entry into Cooroy township and will not appear as a logical extension to the Cooroy
township.
• The proposed built form and landscaping is not consistent with the preferred character within
Cooroy and will result in an appearance of excessive bulk, limited landscaping and continual
roof form.
• The proposal will result in the removal of significant vegetation and intrude significantly into
the site’s riparian buffer.
• Significant earthworks are proposed to accommodate the development, up to a maximum
depth of approximately 4.5m.
• The application proposes development within the Water Supply Catchment which may result
in adverse effects on the quality of water entering Lake Macdonald.
• The proposed development will impact on good agricultural land.
• It has not been demonstrated how potential noise impacts resulting from the new golf club
house will be appropriately mitigated.
• Insufficient visitor car parking spaces are proposed and are not appropriately located on site
whilst a one way roadway of insufficient width is also proposed.
Furthermore, the Infrastructure Agreement provided by the applicant does not satisfactorily secure
the delivery of the proposed works/financial contributions to Cooroy Golf Club and requires
amendment.
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RECOMMENDATION
That Council note the report by the Coordinator Planning, to the Special Meeting dated 25 February
2021 regarding Application MCU19/0114 and RAL19/0027 for a Development Permit for Material
Change of Use – Entertainment & Dining Type 2 Recreation amusement fitness, Multiple Housing
- Type 3 Retirement and Special Needs (Seniors Living Community) and Reconfiguring a Lot
(Boundary Realignment and access easement) situated at 30, 114, 122 and 144 Myall St Cooroy
and:
A. Refuse the application for the following reasons:
1. The proposal is not consistent with SEQ Regional Plan as the development would
result in a high density residential development within an area which contains
ecological vales and is not included with the planning schemes urban growth
boundaries.
2. The proposed development is contrary to State Planning Policy as it will irreversibly
impact on good agricultural land.
3. The proposed development is not consistent with Desired Environmental Outcomes of
the Noosa Plan 2006 as the proposal will adversely impact on good agricultural land,
is at odds with the expected rural character and amenity of the area and is more
suitably located within the urban growth boundary. The proposal will also result in the
loss of land intended to accommodate recreational activities for the community.
4. The proposed development is inconsistent with the Noosa Plan’s Strategic Framework
as the proposed development will not conserve land for agricultural purposes and will
result in development inconsistent with the rural character and amenity of the locality.
5. The proposed development is not consistent with Overall Outcomes 6.7.2 a) (i) and
(iv), c), d), r), s), y), cc), gg), rr) and ss) and Specific Outcomes O1, O3, O7, O8, O9,
O10, O15, O18, O19, O20, O25, O27, O81, O82 and O88 of Cooroy and Lake
Macdonald Locality Code as:
i. It results in high density residential development outside of the Urban Growth
Boundary which is not consistent with the Priority Infrastructure Plan.
ii. It utilises Rural zoned land for the purpose of Multiple Housing which is an
inconsistent use in the zone with the land intended to be maintained for its rural
character and use for agricultural.
iii. It utilises Open Space Recreation zoned land for the purpose of Multiple Housing
which is an inconsistent use in the zone with the land intended to be used for
recreational purposes.
iv. It utilises rural land intended to be protected and managed to preserve the scenic
and environmental values of the area.
v. It does not preserve agricultural land, conserve open space for biodiversity and
water quality purposes or provide development at a density consistent with the
sites environmental constraints and proximity to the Lake Macdonald water
supply catchment.
vi. The development does not minimise cut and fill and is excessive.
vii. The development results in adverse impacts on the sites environmental values.
viii. The development has the potential to impact on water quality of Lake Macdonald.
ix. The proposal will result in a detrimental impact on the scenic vista from the major
road network and the entry into Cooroy township.
x. The proposed built form does not complement traditional streetscape and
building forms.
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xi. The height of club house will dominate surrounding spaces and the existing
skyline.
xii. Parts of the development are located too close to Myall Street and are not
consistent with the streetscape.
xiii. The excessive site cover results in excessive bulk and development which is not
compatible with surrounding development.
xiv. The development has the potential to impact on the acoustic amenity of the
surrounding area, as no acoustic measures are proposed to be implemented for
the new golf club house.
6. The proposed development does not comply with Overall Outcomes 14.44.2 a), b) and
j) and Specific Outcomes O16 and O17 of the Residential Uses Code as:
i. It is proposed on land that is not suited to the development of residential
buildings;
ii. It is not consistent with the character of the neighbourhood;
iii. It does not maximise the use of the natural topography and minimise the need
for cut and fill; and
iv. It is not located within reasonable proximity to a variety of essential services.
7. The proposed development fails to meet Overall Outcomes 13.7.2 a), b), c), d) (i), (ii),
(iii) and (v), e) and g) and Specific Outcomes O1, O3, O4, O5, O6, O8, O9, O10, O14,
O15, O18 and O19 of the Biodiversity Overlay Code as the proposal will result in the
removal of significant vegetation and intrude into the site’s riparian buffer.
8. The application proposes development within the Water Supply Catchment which may
result in adverse effects on the quality of water entering Lake Macdonald contrary to
Specific Outcome O11 of the Natural Hazards and Natural Resources Overlay Code.
9. The proposal does not comply with Overall Outcome 14.111.2 (c) and Specific
Outcome O7 of the Driveways and Car Parking Code as:
i. Sufficient visitor parking is not provided and appropriately located for visitors of
the Retirement and Special Needs use; and
ii. Sufficient parking is not provided for the golf club house.
10. The proposal does not comply with Overall Outcome 14.111.2 (c) and Specific
Outcome O8 of the Driveways and Car Parking Code and Specific Outcome O7 and
O36 of the Residential Uses Code as internal driveways are too narrow to satisfactorily
accommodate internal traffic movements.
11. The proposed built form and landscaping is not consistent with the preferred character
within Cooroy and will result in an appearance of excessive bulk, limited landscaping
and continual roof form.
12. There is no significant need for the proposed development.
13. The proposal is not consistent with the provisions of the Noosa Plan 2020 which seek
that the land is developed for rural residential purposes.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The application proposes to develop an over 50’s seniors living facility in the form of 246 dwelling
units and associated communal facilities in five stages on land which is within the Rural Zone and
Page 6 of 112
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Open Space Recreation Zone. The applicant has applied for this use as a Multiple Housing Type
3 Retirement and Special Needs (Seniors Living Community).
The application also proposes to construct a new club house, associated car park and a buggy/cart
store for the Cooroy Golf Club situated on land within the Open Space Recreation zone. The club
house will be in a different position to the existing club house and will result in modification and
relocation of several holes. A Material Change of Use application for Entertainment & Dining Type
2 (Recreation amusement fitness) has been made for this new cub house.
A sales showroom for the seniors living facility is proposed adjacent to the Myall Street front
boundary and is to be accessed off the proposed new driveway/internal road. A three bedroom
manager’s unit is also proposed at the eastern end of this new internal road.
The dwelling units comprise 3 different design options, each with 3 roof form options. The dwelling
options and associated bedrooms/bathroom/car parking details are as follows:
The communal facilities are to include a club house, summer house, residence workshop, tennis
court, bocce green, swimming pool, recreational open space areas, visitor parking areas and an
RV compound parking area.
It is proposed that the development be undertaken in stages generally as follows:
• Stage 1 – Main entry road, sales showroom, managers residence, club house and resort
recreational facilities, bocce green and 46 dwelling sites;
• Stage 2 – 51 dwelling sites and emergency access to Myall Street / Nandroya Street
• Stage 3 – 41 dwelling sites;
• Stage 4 – 46 dwelling sites;
• Stage 5 – 62 dwelling sites, and manager’s workshop and summer house.
With regards to the delivery of works to the golf course including the construction of the new golf
club house and facilities, the applicant has advised that the works will be delivered in conjunction
with Stage 1 of the GemLife development via an Infrastructure Agreement. To also secure the
delivery of the works GemLife have proposed a bond 1.07 times the value of the works
($9,375,000). Financial contributions are also proposed to be made to the Cooroy Golf course
club.
Access and egress to the seniors living community and new golf club house is proposed from Myall
Street, approximately 260 metres north of the existing roundabout, and the internal road network
would be privately owned. An emergency access point is proposed approximately 90 metres north
of the roundabout. A total of 32 visitor parking spaces are proposed for the seniors living
community and each dwelling contains a double garage.
A landscape buffer for the seniors living community, which is generally 10 metres wide though
narrowing to the southern extent of the site to approximately 2.0 metres, is proposed to Myall Street
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whilst a 3 metre landscape buffer is provided to the eastern and southern common boundaries with
the golf course. Bulk earthworks for the site include an extensive cut area across the majority of
the elevated area, up to maximum depth of approximately 4.5 metres. Filling of the lower lying
ground in the north and south is expected to be generally 1 to 4 metres in height, although in areas
adjacent to the proposed bio-basins, it is noted that retained embankments may range from 3 to 5
metres. The proposed earthworks include filling a significant area within the site’s identified
Riparian Buffer.
The following images provide detail of the proposed development with additional proposal plans
and the Infrastructure Agreement included at Attachments 1, 2, 3, 4 and 5.
Figure 1: Indicative seniors living facility layout perspective
Figure 2: Seniors living facility site plan
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Figure 3: Seniors living facility staging plan
Figure 4: Seniors living facility club house (artist impression)
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Figure 5: Seniors living example of dwelling styles (artist impression
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Figure 6: Golf course master plan (part)
Figure 7: Golf course club house (artist impression)
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The boundary realignment component of the application involves the cancelling of lots 1, 2 and 3
on SP 115864 and the creation of 2 new lots as detailed in the following table:
Reconfiguring a Lot (Boundary Realignment)
Existing Lot Area Lot 1 SP 115864 – 12.6ha
Lot 2 SP 115864 – 2.229ha
Lot 3 SP 115864 – 7.033ha
Proposed Lot Area Proposed Lot 4 (cancelling Lot 2 & 3) – 11.08ha for seniors living community
Proposed Lot 5 (cancelling Lot 1) – 10.77ha for golf course
An access easement is proposed over the proposed entrance driveway to the seniors living facility
and to the new clubhouse which will burden proposed lot 4 and benefit proposed lot 5.
As a consequence of the boundary realignment, the dwelling units and associated facilities, with
the exception of the storm water bio-basins, will be located within proposed lot 4. The boundary
re-alignment results in 1.83 hectares of the golf course land, which is zoned Open Space
Recreation, being used for the development of the seniors living facility.
The current and proposed lot arrangement are detailed in the following images.
Figure 8: Current lot layout
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Figure 9: Proposed boundary realignment
The application was supported by a range of supporting material including:
• Town Planning Report
• Acoustic Report
• Traffic Engineering Report
• Geotechnical Investigation Report
• Engineering Services Report
• Bushfire Hazard Assessment and Management Plan
• Economic Need Assessment
• Community Needs Assessment
• Infrastructure Agreement
It is the applicant’s position that the proposal provides for the following community benefits, a
number of which are proposed to be delivered via an Infrastructure Agreement between Council
and the applicant.
Supporting the viability of an important community sports club (the Cooroy Golf Club)
The Cooroy Golf Club is an important community use which has been experiencing financial
hardship as a result of a declining membership base.
GemLife agree to be bound by an Infrastructure Agreement that will deliver a number of financial
and social benefits to the Cooroy Golf Club in an effort to make sure the club stays viable into the
future. A summary of these committed benefits is provided below:
a) Guaranteed membership boost – Guaranteeing 1 golf membership per new dwelling in the
GemLife resort for a period of 10 years.
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SPECIAL MEETING AGENDA 25 FEBRUARY 2021
b) New clubhouse facilities – Construction and fitout of a new golf clubhouse with a dedicated
pro shop, restaurant, café, function room, outdoor deck and terrace area. This clubhouse
has been designed to accommodate weddings and functions so that the club will have the
ability to generate supplementary income from such events (in addition to golf course
activities).
c) New and safer access – Safer vehicle access to the golf course and clubhouse via a new
private road and associated access rights. This is a significant improvement upon the existing
access and car park from Myall Street.
d) New and larger car park – A new car park with 97 dedicated car spaces to cater for patrons
of the golf course and clubhouse (significantly more than the current car park capacity).
e) New golf buggy storage facilities – A new golf buggy storage shed with space for the
permanent storage of 40 carts.
f) Modifications to golf course – Reconfiguring the golf course to maintain 18 holes whilst
accommodating a newly re-located club house, car park and associated access.
Promoting synergy between the golf course and GemLife retirement resort – GemLife are
committed to promoting a genuine synergy between the Golf Club and the retirement resort. The
benefits of co-locating retirement living with other land uses is well documented as being a positive
impetus for social interaction and inclusion. The GemLife community will result in a population of
around 500 people on the doorstep of the golf club, many of whom will take advantage of their
included membership by taking up the sport or taking advantage of the dining / leisure opportunities
available in the clubhouse. GemLife is optimistic that this development will re-enliven the club’s
membership base and result in improved social opportunities for both Golf Club members and
GemLife Residents.
Responds to the need for age specific housing – The need to provide housing for an ageing
population within the shire is well documented; in particular, by the Housing Needs Assessment
prepared by Briggs and Mortar for Noosa Council in 2017. This report identified a need for
additional retirement dwellings (particularly smaller and more affordable dwellings) to be provided
within the shire to meet the needs of an ageing population. The proposed development stands to
provide a direct response to this housing need by delivering 246 retirement living (resort style)
dwellings with access to complementary whole of life ‘ageing in place’ services to cater for
residents of Cooroy and the surrounding area.
It is noted that land opposite the site at 125 Myall Street, Cooroy (Lot 4 SP248479) is proposed to
be zoned ‘Community Facilities’ for a Residential Care Facility under the new Draft Scheme. We
consider the proposed re-zoning of 125 Myall Street to an urban zoning is a sensible planning
decision as it represents a logical continuation of urban development existing further to the north.
However, we consider that designation of the whole site for aged care purposes does not make
practical sense as an aged care facility only requires around 6000-8000sqm of land area whereas
the site is 6.665 hectares in size and a large balance area would be left over with no certain land
use outcomes.
The proposed GemLife site is considered more appropriate to deliver the retirement / ageing in
place services intended by the housing needs assessment due to the co-location benefits
stemming its co-location next to the complementary land use activity (i.e. the golf course) and 125
Myall Street, would be more appropriately located in a conventional urban zoning.
Ageing in place services offered – The proposed development will deliver an ageing in place
solution by virtue of GemLife’s partnership with Prescare who are a not for profit provider of aged
care support services. Residents of the Cooroy GemLife community will have access to the
services offered by Prescare which include: in home care, in home nursing, assisted shopping,
transport to appointments and social events, rehabilitation and physical therapy, respite care,
dementia services, pastoral and spiritual care, food and meal services, mobility equipment. This
partnership between Prescare and GemLife is significant as it provides an ageing in place solution
that will allow residents to be accommodated in their homes within the GemLife community for a
much longer time before the possibility of having to transition into high care. Therefore, whilst the
Page 14 of 112
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SPECIAL MEETING AGENDA 25 FEBRUARY 2021
proposal is not for a high care facility, it does deliver retirement living with ageing in place solutions
which are needed in the Cooroy area.
Assist in maintaining viability of township services – The retention of this segment of the
population within Cooroy assists in ensuring the ongoing viability of services and facilities in Cooroy
(such as local shops, community uses and medical services). Ensuring a critical population mass
within the Cooroy township means that there is less risk of key community, retail and medical
services being re-located to larger centres.
Employment generation – The proposed development stands to provide economic stimulus for
the Cooroy township by stimulating employment during construction and providing employment
opportunities during the ongoing operation of the facility (such as on site management, grounds
keeping and cleaning). This is considered to be an even more pertinent consideration in light of
the current economic turmoil created by COVID-19 and the developer is committed to commencing
the development as soon as approvals are obtained.
The following images provide a locality plan, details of the land parcels subject to the application
and the applicable zoning.
Figure 10: Locality Plan
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Figure 11: Lots included in the application
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Figure 12: Applicable Zones (Noosa Plan 2006)
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2. SITE DETAILS
2.1. Background
The history of development applications on land the subject of this application is detailed in the
following table. Previous applications on the site seeking a 78 lot reconfiguration, group housing
and associated restaurant and hotel were withdrawn after Council’s Information Request was sent.
Application Subject properties Details Outcome
Number
51901.4861 Generally land now Caravan Park (80 sites) Approved
known as 114 Myall 26 February 1985
Street
51989.642 Generally land now Golf course, club house and car Refused
known as 114 and 122 park
Myall Street
51989.706 Generally land now Rezone From Rural Catchment To Refused
known as 114 and 122 Special Facilities (Motel,
Myall Street Restaurant, Convention Room,
Service Station)
131999.982987 114 Myall Street Extension to golf course (additional Approved
(17613 DA) 9 holes) 27 April 2000
132000.200247 28 Myall Street Telecommunications Facility Approved
14 September 2000
152006.2047 122 and 144 Myall Lot Reconfiguration (78 lots) to be Withdrawn
Street assessed against superseded 18 March 2009
planning scheme
152006.2047.02 122 and 144 Myall Change to Development Withdrawn
Street Application 18 March 2009
132007.2500 122 and 144 Myall Material Change of Use - Withdrawn
Street Accommodation Building x 2, 16 March 2009
Group Housing Development - 78
Lots, Function Room, Restaurant &
Hotel Assessed Against the
Superseded Planning Scheme
132007.2501 28, 30, 102, 108, 114, Material Change of Use - Sport & Withdrawn
122 and 144 Myall Recreation (Golf Club) & Indoor 16 March 2009
Street Entertainment assessed against the
Superseded Planning Scheme
Details of previous application related to the subject land
2.2. Site Description
The application applies to 4 lots, 2 of which form part of the Cooroy Golf Club. The remaining 2
lots at 122 and 144 Myall Street are undeveloped and in separate ownership to the golf club.
The undeveloped lots have a frontage to Myall Street and are otherwise bound by the golf course.
The topography of these lots is characterised by a knoll at the southern end of 144 Myall Street
and slopes which extend north-west and south-east of this high point. The land falls approximately
13 metres to the north-west and 7 metres to the south-east.
A cleared area and access easement are located in the north-western corner of 122 Myall Street,
and adjacent to this area is a stream with vegetated banks.
The following image provides an aerial photograph of 122 and 144 Myall Street including contours.
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Figure 13: Aerial photograph of 122 and 144 Myall Street
2.3. Surrounding Land Uses
North: A mix of detached houses and dwelling units situated within the Attached Housing zone.
South: 1 Nandroya Road – a 6.1ha Rural Settlement zoned property which previously contained
an abattoir. A number of sheds are currently situated on the site.
East: Queensland Rail corridor
West: Myall Street with a range of uses situated on the western side of Myall Street including the
Cooroy Village Retirement village, Noosa District State School, detached houses and undeveloped
land. The undeveloped land is situated opposite the proposed location for the dwelling units.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017;
• The Noosa Plan 2006.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan 2006 is generally consistent with the State Planning Policy July 2017 (SPP) and
the SPP raises no further issues relevant to the proposed development.
The State Planning Policy Interactive Mapping site shows that the subject land is classified as
Agricultural Land Class A and B. The State Planning Policy on Economic Growth includes the
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following policy statement:
(2) Agricultural Land Classification (ALC) Class A and Class B land is protected 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 development that will have an irreversible impact on, or adjacent to, ALC
Class A or Class B land
(c) maintaining or enhancing land conditions and the biophysical resources underpinning
ALC Class A or Class B land.
The proposed development is contrary to the State Planning Policy which seeks to avoid
development that will have an irreversible impact on or adjacent to ALC Class A and Class B land.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan.
The SEQ Regional Plan recognises that….
The priority for developing land in the Urban Footprint is to accommodate urban growth.
However, the Urban Footprint is not an urban zone and does not imply that all land can be
developed for urban purposes.
For example, state forests and remnant vegetation will continue to be protected and
managed under relevant state legislation, including the Vegetation Management Act 1999,
Nature Conservation Act 1992 and Forestry Act 1959.
Land in the Urban Footprint may be unsuitable for urban purposes for other reasons including
constraints such as flooding, land slope and scenic amenity, and the need to protect
significant vegetation, which may include matters of national environmental significance and
parts of the regional biodiversity network.
The Urban Footprint also includes some areas designated or already developed for rural and
rural residential purposes that are located near urban services and facilities. Local
governments must investigate these areas for urban redevelopment opportunities as part of
their planning scheme reviews.
While the land has been included in the Urban Footprint of the SEQ Regional Plan Shaping SEQ
for a number of years Noosa Council has previously made representations to the State about its
objection to the inclusion of this land. Neither the current planning scheme, the 2012 draft of the
Sunshine Coast Regional Council planning scheme nor the now adopted Noosa Plan 2020 have
included it within the urban boundary for the town of Cooroy, as there was no need for this land to
accommodate urban development.
Council also made a submission to the State Government in response to the current SEQ Regional
Plan when in draft form. As part of this submission Council addressed the capacity of land within
the Urban Footprint to accommodate projected population growth. Noosa Council’s draft
submission to the draft SEQ Regional plan noted:
Council has concluded not to support any changes to the Urban Footprint under the new
ShapingSEQ for reason that there is no need demonstrated currently for additional urban
land to be allocated to Cooroy, or any other part of Noosa Shire. Council has previously
outlined in this submission that it considers sufficient capacity exists in the current Noosa
Plan to accommodate the projected demand for dwellings until 2041.
Although within the Urban Footprint the development would result in the creation of an urban
settlement within an area where the intent is to protect the landscape and capacity for rural
production. The proposed urban development is not located within an established village, is well
separated from the Cooroy township and is intended to be developed for rural residential lots under
the Noosa Plan 2020.
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Significant environmental values are also present within the Riparian Buffer in the north-west of
the site. This area contains a waterway and associated riparian vegetation and the development
will result in disturbance to the bank and significant vegetation removal within this area associated
with the extent of fill and development in this area. There is justified concern that the application
will impact on significant vegetation and fauna habitat which form important parts of the Noosa
biodiversity network.
Furthermore, the excessive earthworks proposed, with cuts up to 4 metres indicate that the site is
unsuitable for a seniors living development purposes where a flat environment is generally needed
for aging persons.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Cooroy and Lake Macdonald Locality and is zoned both Open
Space Recreation and Rural under The Noosa Plan 2006 and is located outside the Urban Growth
Boundary identified by the Noosa Plan 2006. The proposed use is defined as Multiple Housing
Type 3 Retirement and Special Needs as the proposal is for a seniors living community with
residents to reside in individual dwelling units.
The proposed use of Multiple Housing – Type 3 (Retirement and Special Needs) is identified as
an inconsistent use within the site’s Rural and Open Space Recreation zonings and is required to
follow an impact assessable application process.
The application must be assessed against the whole of the Noosa Plan 2006 to the extent the
provisions are relevant to the development and regard may be had to the new planning scheme
requirements for the site.
The Noosa Plan 2006 envisages that Rural zoned land will be predominantly used for open space
and farming activities. The intent is for this land to be appropriately managed and protected such
that the scenic and environmental values, the distinct rural amenity and agricultural productivity
are preserved. Land zoned Open Space Recreation is intended to be to be used for a variety of
passive and active recreation activities reflective of the existing golf course.
The planning scheme envisages that retirement villages would typically be located in the Semi-
Attached Housing and Community Services zones and within the defined Urban Growth Boundary.
Desired Environmental Outcomes
The following Desired Environmental Outcomes are relevant to the application:
a) AGRICULTURE USES
Agricultural industry is maintained by—
i. conserving land for economically viable and environmentally sustainable agricultural
purposes;
ii. preventing the fragmentation of agricultural land;
v. protecting agricultural pursuits from incompatible uses, particularly those more suitably
located within the urban growth boundary;
i) RESIDENTIAL USES
Urban and rural settlement for residential use is contained within the defined urban growth
boundaries shown on zoning maps ZM1- ZM9. It is developed to be consistent with—
i. the expected character and amenity for the particular locality; …….
The proposed development of 246 dwelling units does not meet these Desired Environmental
Outcomes as it does not conserve land for agricultural purposes. While the land has not been
identified as good agricultural land by The Noosa Plan 2006 or the Noosa Plan 2020 it is noted
that the land has been identified as good agricultural land by the mapping for the State Planning
Policy and has the capacity to be used for grazing purposes.
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The proposal would also result in a land use within a rural area that is more suitably located within
the urban growth boundary, close to services and facilities. The subject site is separated from the
urban growth boundary by the golf course.
The use of this land for urban development is not consistent with or envisaged by the scheme and
is at odds with the expected character and amenity of the area.
Locality Provisions
The following Overall and Specific Outcomes of the Cooroy and Lake Macdonald Locality Code
are relevant to this application:
6.7.2 The overall outcomes sought for the Cooroy & Lake Macdonald Locality are the following—
a) New uses and works are located, designed and managed to—
i be compatible with other uses and works;
…
iv avoid significant adverse effects on the natural environment, including native
habitat removal, fragmentation and attrition;
b) The Cooroy and Lake Macdonald Locality supports a growing urban and rural
settlement of permanent residents;
c) Urban development is limited to land within the Urban Growth Boundary as shown on
Map ZM3;
d) Development is consistent with the Priority Infrastructure Plan in Part 15;
r) The traditional built form of Cooroy is retained and new development complements
traditional streetscape and building forms;
s) Outside the town of Cooroy, development is characterised by—
i conservation of good quality agricultural land for agricultural purposes;
ii conservation of open space for biodiversity and water quality purposes; and
iii rural settlement at varying densities consistent with the available levels of
convenience and accessibility, environmental constraints and proximity to the
Lake Macdonald water supply catchment;
y) New areas of urban and rural settlement development are precluded from the part of
the locality within the catchment area of Lake Macdonald where the dominant goal is
the protection of water quality within the primary water supply source;
cc) The vistas offered from the major road corridors are protected and add to the attraction
of the locality for visitors and residents;
gg) Development within the catchment is restricted to protect water quality and its
associated environmental values. Subdivision and development within the water
catchment is limited and much of the land will remain as open space;
rr) For the Rural Zone—rural land is protected and appropriately managed such that:-
i Agriculture and habitat protection are the dominant land uses;
ii the scenic and environmental values, the distinct rural amenity and agricultural
productivity of the locality are preserved and are not adversely impacted as a
consequence of development on or adjacent to that land; and
iii locally appropriate enterprises such as bed and breakfast accommodation,
farmstays, cabins, camping grounds, roadside stalls and home based businesses
enhance the economic sustainability of the hinterland; and
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Specific Outcome O3 The function of, and visual amenity and character surrounding the,
major road network, including Diamond St, Cooroy–Noosa Road, Belli Creek Road and Lake
Macdonald Drive is protected and enhanced.
Specific Outcome O15 On sloping sites, buildings and structures are designed to maximise
the use of natural slope and minimise the need for cut and fill.
Specific Outcome O18 There are no significant adverse effects on biodiversity, natural
vegetation, native fauna habitat, landscape quality, water quality or cultural heritage values,
including those related to—
a) changes to natural drainage;
b) disturbance to any of the wetland systems;
c) management of landslide and fire risk;
d) erosion and the transport of sediments off site;
e) unmanaged public access;
f) effluent disposal;
g) changes to fauna habitat and behaviour; and
h) disturbance of buildings and features, including natural features, of cultural heritage
significance.
Specific Outcome O27 Protection of Lake Macdonald water supply
Treatment and disposal of waste water does not have any detrimental impact on Noosa’s
major water storage and supply - Lake Macdonald
Specific Outcome O81 Development on sloping sites—
a) is responsive to the natural topography of the site and minimises cut and fill;
b) does not visually dominate the hill slope or interrupt the skyline; and
c) is integrated with the natural site characteristics including vegetation;
Specific Outcome O82 The landscape character and visual amenity quality of hill slopes and
ridgelines are retained.
The proposed development partially aligns with the Overall Outcome which seeks that the Cooroy
and Lake Macdonald Locality supports a growing urban and rural settlement of permanent
residents but raises conflicts with the other Overall and Specific Outcomes.
Of primary concern is the proposed use of rural land, located outside of the Urban Growth
Boundary, for the purpose of a high density residential development.
The planning scheme seeks that rural zoned land is protected and managed such that agriculture
and habitat protection are the dominant land uses and the scenic values and distinct rural amenity
are preserved. The proposed development of 246 dwelling units is in stark contrast with the
schemes desired land use outcomes for the site and does not present visually as a logical
extension of the Cooroy township as the golf course separates the site from nearby urban
development.
While there may be a market for retirement communities in Noosa Shire this is in part as a result
of our own aging population but is also driven by residents from elsewhere retiring and seeking to
move to Noosa Shire. The latter is a demand unlikely to ever be met.
The applicant has provided an economic needs assessment and a community needs assessment
in support of the application. The economic need assessment asserts that there is currently an
indicative oversupply of 117 aged care places within the catchment area, with an undersupply of
independent living units and manufactured homes for 231 persons. Over the period to 2041, the
undersupply of independent living units and manufactured homes is projected to worsen to 406
persons given the current undersupply and aging population.
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In contrast Council’s Housing Needs Analysis (Briggs and Mortar, April 2017) includes a review of
the need for retirement villages. The analysis includes the following:
Adopting the 10% notional rate, the current provision is a theoretical shortfall of 63 units (in
2016, 746 units, compared to the required benchmark of 809 units). By 2036, an additional
515 units would be required to reach the benchmark. If all approved/proposed units are
constructed, the supply would be adequate to 2036. However if any of the approved
developments are not constructed, a deficiency would occur. Should the popularity of
retirement villages continue to increase over time as has occurred in Australia and to an even
greater extent overseas, it is also possible that a higher shortfall would arise in the future.
… At the very least, sites earmarked for aged housing, or with current approvals, will need
to be protected against other types of development, and redevelopment of existing sites into
a variety of aged housing forms, facilitated.
… The relatively few retirement village facilities in Noosa Shire (especially in coastal areas),
together with an apparent under provision of aged care places and home care packages ,
and a lack of smaller, more affordable dwellings and high levels of housing stress, belies the
needs of the current and future aged population of Noosa Shire. The choices are to move
away to other areas of the Sunshine Coast region to access residential services in potentially
cheaper accommodation, to return interstate if that was their origin, or to move into residential
aged care prematurely. Those renting are particularly vulnerable.
Retirement villages and residential care facilities are part (and an important part) of the
package of solutions but also important is the ability for people to age in place within their
existing town/community through improved housing choice and flexibility. In this regard, the
secondary dwelling amendments and an increase in the establishment of small unit or semi-
detached complexes not necessarily specifically for the aged, should contribute significantly.
The need for retirement villages and aged care facility was specifically considered with the planning
for Noosa Plan 2020 and it was concluded that sufficient sites were already identified for retirement
villages until 2036 but an undersupply was noted for aged care facilities. This is generally reflected
in the following comments from Council’s Strategic Planning Department:
In reviewing the current planning scheme and considering future needs for the aging
population of Noosa Shire, it became evident that a significant shortage in residential care
was emerging and set to worsen into the future. Noosa Council is particularly concerned
about the needs of our residents into the future when they can no longer live independently.
By the year 2041 we anticipate some 4,000 residents of Noosa Shire will be 85 years of age
or older, nearly this many again will be between 80 and 84. To put it another way, people 80
and over are projected to make up over 11% of the Shire’s population at that stage.
As a result of this review the new planning scheme re-zoned the land on the opposite side of Myall
Street, 125 Myall Street, from Rural Zone to Community Facilities Zone with an annotation
supporting a Residential Care Facility on the site. Furthermore the Urban Growth Boundary has
been amended to include 125 Myall Street but the subject site remains outside of the boundary. It
is noted that 125 Myall Street is large enough to accommodate both an aged care facility and self-
contained retirement units.
The applicant has suggested that the proposed development can provide housing for an ageing
population and that a partnership with PresCare will allow for ageing in place, thus satisfying the
need for additional aged care facilities in Noosa.
Whilst the applicant promotes GemLife’s partnership with PresCare as an ageing in place solution
it is noted that the services provided by PresCare and other providers are available to all persons
and are not contingent on being a resident in a facility such as the one proposed by the applicant.
Furthermore the proposal does not provide a transition to the higher levels of care which will
ultimately be required by residents.
It is also not apparent how the proposal offers greater choice in housing than that which exists in
Cooroy or indeed Noosa Shire already, apart from being within a managed community for the
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over 50’s, given all typical house styles shown on the architectural drawing are either 3 bedrooms
(with a double lock up garage and 2 bathrooms) or 2 bedrooms plus a “multi-purpose room” which
would be capable of being used as a guest bedroom. They do not offer small dwellings or anything
under 100 square metres of gross floor area.
While the Manufactured Homes (Residential Parks) Act allows purpose built parks targeted at the
over 50’s which have reduced up-front costs for residents because they are not purchasing the
land on which their dwelling sits, this does not guarantee any particular level of affordability.
Attractive country club recreational facilities are proposed to provide a point of difference and add
to the amenity of the estate but also lead to significant ongoing rents and fees for residents.
The scheme seeks that residential development is contained with the Urban Growth Boundary on
suitably zoned land. There remains other land closer to the centre of town available for attached
or semi attached forms of dwellings suitable for retirees and other approved retirement facilities
which have not yet been completed at Cooroy, Tewantin and Sunrise Beach.
The subject site also forms part of a rural buffer to the township of Cooroy and is a significant
component of the rural character which is experienced when entering and exiting the Shire. The
gentle grassed slope with views beyond to Mount Cooroy is characteristic of the scenic values
which the planning scheme seeks to protect.
Figure 14: View into site from Myall Street
As part of the Information Request the applicant was requested to demonstrate how a tree lined
access to Cooroy would be maintained and how the development would present to the various
vistas around the site. It was requested that a visual amenity analysis be provided including
photomontages of the development from key aspects, including the north and south approach of
the highway, Ferrells Road intersection, Myall Street roundabout and key elevated sites off Cooroy
Mountain Road. The applicant provided a written response only with no photographs provided.
The response maintains that the 10 metre mounded and planted buffer will generally mitigate the
loss of the existing open grassland view.
It is agreed that the proposed landscaping treatment will assist in maintaining a ‘treed’ entry,
however, the proposed development will still significantly compromise this outlook due to significant
earthworks and replace the outlook with high density built form and an acoustic fence. The
following plan from the applicant’s acoustic report details the recommended height and location of
the acoustic barrier and may be subject to change based on DTMR’s requirement for a revised
acoustic report.
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Figure 15: Acoustic barriers recommended in acoustic report
The proposed landscape buffer while will assist in partially screening the development, it will not
maintain the scenic character attributed to the landform and grassed paddocks which form the
current rural vista. It is also noted that some dwellings to the northern end of Myall Street frontage
will be on up to 3.5 metres of fill, and consequently there are parts of the retaining wall which will
be approximately 3 – 4 metres above the existing natural surface level. Dwellings to the southern
end of Myall Street will be approximately 4 metres below Myall Street. It is therefore likely that
views into the site will be dominated by built form including a continual ‘sea of roofs’ particularly
where the development is situated lower than the road level.
The development will also not appear as a logical extension to existing development being
separated from the township by the golf course and will therefore appear quite out of place.
The significant extent of earthworks required demonstrates that the site is not suitable for the
proposed development with the planning scheme seeking site responsive design in order to
minimise the extent of cut and fill.
Furthermore the proposal is not consistent with the Local Government Infrastructure Plan (LGIP)
as it seeks a high density development on land outside of the Priority Infrastructure Area (PIA). It
is noted that with regards to residential dwellings the LGIP is based on an assumption that the total
number of residential dwellings across the entire Shire will increase by 1,399 in the years 2016 -
2021, with an additional 510 dwellings by 2026. This represents approximately 191 dwellings per
year. The current proposal seeks an additional 246 dwellings on land which is not suitably zoned
or included within the PIA. The following images detail the Urban Growth Boundary and the Priority
Infrastructure Area.
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Figure 16: Aerial photograph detailing Urban Growth Boundary (blue line) and 144 Myall Street outlined in red
Figure 17: Aerial photograph detailing Priority Infrastructure Area (blue line) and 144 Myall Street outlined in
red
The proposal is also in conflict with the scheme outcomes which seek to protect water quality within
the water supply catchment area by limiting development and preserving open space. It is also
noted that a private sewerage pump is proposed which raises concern with regards to water quality
should the system fail or not be appropriately maintained.
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The boundary realignment proposed results in the use of Open Space Recreation zoned land for
the purpose of residential dwellings. The use of this land is contrary to the intended purpose of this
land for recreational activities.
Built form
The locality code includes built form requirements for new development and specific requirements
within the Rural Zone. It is generally expected that these requirements would relate to the
development of a single dwelling house and structures associated with rural activities such as
sheds/stables etc. The most relevant provisions for the built form associated with the proposed use
are those related to Multiple Housing Type 3 – Retirement and Special Needs.
As Multiple Housing Type 3 – Retirement and Special Needs is a consistent use within the
Community Services Zone and the Semi-Attached Housing zone these are considered to be the
more relevant provisions. The table below summarises the development’s level of compliance with
the built form provisions for the Community Services and the Semi-Attached Housing zones and
the car parking requirements with the Driveways and Car Parking Code.
Criteria Planning Scheme Proposal Complies?
Community Semi-Attached Community Semi-
Services Services Attached
Site Area - Minimum 800m2 11.08ha N/A
Population 160 person/ha 100 person/ha 73.27 per hectare
density
1 dwelling unit per 1 per 447m2 N/A
400m2
Gross floor N/A Max population Club house N/A
area density x 40m2 3,253m2
= 44,000m2 Managers
residence
262m2
Dwellings
35,670m2 approx.
Total
39,185m2
Site cover 50% 40% 48.3% advised by X
applicant
Building
height Dwellings:
• storeys 2 storeys max 2 storeys max 1 storey
• metres 8 metres 8 metres < 8 metres
Managers
residence:
2 storeys
7.218 metres
Seniors living
clubhouse:
2 storeys
9.872 metres X X
Setbacks Front: 6 metres Front: 6 metres Min: 2.1 metres to X X
Managers
workshop
Max: > 6
Other: Half the Other: Half the North: 9.78m
building height building height South: 3m
East: 1.89m X X
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Criteria Planning Scheme Proposal Complies?
Community Semi-Attached Community Semi-
Services Services Attached
Roof form 12 degrees and 12 degrees and Not detailed on - -
has minimum has minimum plans
600mm eaves to 600mm eaves to
at least 75% of at least 75% of
the perimeter of the perimeter of
the building the building
Carparking 1 covered space 1 covered space Double garage
per per provided
accommodation accommodation
unit or dwelling unit or dwelling 32 provided X X
unit; AND unit; AND
1 designated 1 designated Not provided X X
visitor space per visitor space per 4
4 accommodation
accommodation units or dwelling
units or dwelling units, or part
units, or part thereof; AND
thereof; AND 1 emergency
1 emergency vehicle space.
vehicle space.
Required: Required: Provided:
246 covered 246 covered 492
62 visitor 62 visitor 32
1 emergency 1 emergency 0
Landscaping Proposed Proposed Approx. 20% = X X
population population density 22,000m2
density x 40m2 x 40m2
= 32,472m2 = 32,472m2
In terms of built form, the majority of the sites for each dwelling are 13 metres wide by 21 metres
in depth whilst approximately 100 of the sites are 14 x 21 metres, representing an area of
approximately 273m2 and 294m2 respectively. It is proposed to construct a 3 bedroom dwelling on
each site with each dwelling type having a maximum width and length as follows:
Type 1: 12.6 x 17.1 metres
Type 2: 13.5 x 17.1 metres
Type 3: 13 x 17.4 metres
The above tables demonstrates the proposal is generally consistent with the built form parameters
associated with a retirement and special needs facility within the Community Services and Semi-
Attached Housing zones with the exception of site cover, landscaping, the height of the facilities
building and car parking. The site cover exceedance relates to the Semi-Attached Housing Zone
which is exceeded by approximately 8%.
Due to the significant site cover it is evident that the proposal will result in buildings being built in
very close proximity to each other with little opportunity for meaningful landscaping to be provided
between buildings or within the access driveways.
This will result in an appearance of continual built form and a ‘sea of roofs’ when viewed externally.
The limited opportunity for meaningful landscaping is not environmentally sustainable as minimal
shading will be provided to the dwellings and will result in increased dependence on mechanical
ventilation. It is also noted that the significant height and scale of the facilities building is likely to
result in the building being a dominant feature in the rural and open space landscape.
Whilst it is acknowledged that a retirement and special needs development may result in a different
built form outcome to other forms of residential development, the current proposal is not consistent
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with the rural character which the planning scheme seeks to protect at this location. Furthermore
the design of the proposed dwellings are not reflective of the built form characteristic of Cooroy.
The following image provides an aerial view of a Living Gems development in Logan Village noting
that the current proposal provides some additional landscaping (Living Gems is the parent
company of GemLife).
Figure 18: Aerial photograph of built form of Living Gems in Logan Village
Biodiversity – Riparian Buffer
Lot 2 (122 Myall Street) contains a creek line which dissects the front portion of the lot and flows
in a northerly direction. The creek carries flows from 220 hectares upstream and flows into Lake
Macdonald, a potable water supply storage area. Lake Macdonald drains into the 6 Mile creek
which feeds into the Mary River and finally into the Great Sandy Strait marine park.
Approximately 750m of this creek line dissects the golf course and the proposed development site,
with 130m upstream in lot 2. The Noosa Plan 2006 assigns a riparian buffer protection overlay of
75m each side of the creek whilst the Noosa Plan 2020 assigns a 100m buffer to each side of the
creek. The larger buffer is a result of the State’s requirements to protect creek lines which flow into
Mary River system. The proposed development significantly intrudes into these riparian buffers as
identified in Figure 19 below.
This unnamed tributary of the 6 Mile Creek system provides habitat values for threatened fauna
species. The site contains habitat suitable for state and commonwealth threatened species such
as the Giant Barred Frog, Tusked frog, Cascade Tree Frog and possibly the Green Thighed Frog.
Platypus have been reported at the golf club and the site contains suitable habitat. Koalas, Tusked
frogs and Giant Barred Frogs have been reported within 1km of the site.
The provision of a bridge crossing in this location will accelerate bank erosion and cause bed
lowering due to constraining high flows at the bridge. Bank erosion will lead to destabilisation of
existing trees and cause tree falls, thus further accelerating bank erosion. Loss of vegetation and
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destabilisation of the banks will increase light penetration into the waterway, increase sediments
and degrade in-stream and riparian habitat values in-situ and downstream. Rock armament will
result in loss of suitable habitat for threatened species. Furthermore the provision of dwellings, a
sewerage pump station, holding tanks and auxiliary power supply, RV storage area and road and
footpath network within the riparian buffer area sterilises the area for future ecological habitat
restoration intended by the planning scheme.
Extensive earthworks, and associated development, within the riparian buffer inhibit natural creek
bed movements and force energy dissipation associated with flood waters elsewhere. Provision of
required riparian buffers, habitat restoration and enhancement planting will mitigate the
aforementioned ecological hazards.
Considering the intensification of the site in a rural zone, the proposed use and the earthworks
required to undertake this use, the application of a suitable riparian buffer is paramount to achieve
the environmental outcomes of the Biodiversity Overlay Code. The current layout is not supported
due to encroachment in to the riparian buffer area.
The following images detail the waterway within the Riparian Buffer:
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The extent of proposed works within the Riparian Buffer is detailed in the following images.
Figure 19: Proposed works within the Riparian Buffer (2006 and 2020 planning schemes)
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Figure 20: Proposed works within the Riparian Buffer – 2006 (yellow) and 2020 (purple) planning schemes
Traffic and Car Parking:
The application was reviewed by both the Department of Transport and Main Roads (DTMR), as
a referral authority, and by a consulting traffic engineer. DTMR have advised the access to the site
from the north-western corner and associated left and right turning lanes in Myall Street is
acceptable. DTMR’s required access point results in significant works in the riparian buffer
attributed to the access driveway and bridge. DTMR have confirmed that an alternative access is
available at the southern end of the site and outside the riparian buffer.
The review of the proposal by the external traffic notes that in terms of the impacts on the broader
road system:
… the impacts are mainly on TMR roads and intersections and TMR have issued their
approval. Furthermore, the additional information supplied in the TTM report of 28 Nov 2019
is sufficient to verify that the traffic generation rates they used in the original TTM report of 9
September 2019, are appropriate. In that context, given that the golf club already exists
(acknowledging that the new clubhouse will be bigger), it is reasonable to assume that most
of the golf course traffic is already on the road system and will simply access the road system
at a new location further along Myall Street. Thus, the additional traffic is essentially that
associated with the retirement community, which being in the order of 25 in and 25 out in the
AM peak, would be less than 5% of existing peak hour volumes in Myall Street (about 500vph
in each direction in the AM peak) after allowance is made for some site traffic to be oriented
to/from the Bruce Highway, rather than all being associated with the Cooroy township
direction.
… if the relocatable home park were to operate in the future without age restriction, then the
associated traffic generation of the relocatable home park would be expected to be 2-3 times
greater than that associated with a retirement use (2-3 times higher than assumed in the
TTM reports), in which case the traffic impacts on the broader network would be significant.
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The consultant has identified inconsistencies between the architectural plans and plans within the
traffic report noting a variation in road widths. The architectural plans demonstrate 3.5 – 4.0 metre
widths in 2 locations on the site whereas the traffic report discusses two-way aisles. These narrow
road widths are not supported with all internal roads requiring a minimum width of 6.0 metres with
2.0 metre verges on each side. Whilst these requirements could be conditioned it is noted that this
will impact on the layout and likely reduce the applicant’s proposed yield.
In terms of car parking it is noted that a double garage is provided to each residence and an
additional 32 visitor spaces are provided with half of these located at the club house. This
represents a shortfall of 30 visitor spaces. Whilst the applicant seeks to rely on car parking within
the double garages to satisfy the visitor car parking requirement this is considered unreasonable
as it is impractical to expect that residents of the dwelling will make their garage spaces available
to visitors. The traffic report submitted with the application discusses visitor parking being permitted
on the internal 6.0m wide roadway however it is noted that in the “Use of the Park – visitors” section
of the “Special terms” document (part of the Site Agreement) specifies that visitors are not
permitted to park anywhere other than in the designated visitor carparks.
Furthermore, the location of the visitor car parking is unsuitable as it is not dispersed throughout
the development to enable easy access for visitors visiting residents in their homes.
Sufficient car parking has not been provided for the golf club house as 94 car spaces are proposed
in lieu of the 103 spaces required to service the 308 patrons who can be accommodated in the
restaurant, café, function room, golfers lounge and terrace areas. The shortfall in car parking is
further exacerbated as the golf club house car park will also be used by patrons of the golf course.
The application was also referred internally to the Infrastructure Planning Design and Delivery team
seeking advice regarding external pathway connections and the specific Noosa Council bus stop
infrastructure types. In regard to external footpath connections the design office has indicated that
it would be desirable for a footpath connection extending from the proposed bus stop on the
western side of Myall Street along the western side of Myall Street and connecting to the existing
pathway network on the northern side of Ferrells Road. The alignment of the footpath would need
to consider significant vegetation in Myall Street and 2 pram crossings in Ferrells Road. In regard
to bus stop infrastructure types the design office have advised that due to the routes that an R1
type shelter would be required on both sides together with the associated infrastructure as required
by Translink. Relevant conditions could be included to address these requirements.
Acoustic:
An acoustic report has been provided to establish traffic impacts to the development and to
determine acoustic criteria for onsite activities. The report includes recommendations for acoustic
barriers with a maximum height of 2.4 metres and building treatments to address traffic noise from
Myall Street. The report concludes that if the golf clubhouse is proposed as a licensed premises,
a detailed amplified music assessment will need to be conducted to determine the maximum
allowable noise levels for any amplified entertainment, in accordance with Office of Liquor and
Gaming Regulation (OLGR) requirements. Given the applicant indicates the golf club house will be
available for functions, it is reasonable to assume that the clubhouse will be licensed and therefore
it is appropriate that a detailed assessment be undertaken as part of this application to determine
the appropriate hours of operation and any limits on outdoor dining areas.
Stormwater:
The applicant’s proposed water quality and water quantity outcomes have been reviewed by an
external consultant who advises the applicant has addressed the significant issues in regard to
stormwater quantity/quality and any outstanding issue could be addressed by the inclusion of
reasonable conditions. Notably, the stormwater bio- basin for the senior living facility is proposed
on the golf course land and would require an easement to be created over these to allow
maintenance of these into the future.
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Sewer connection:
Documentation provided by the applicant includes a Decision Notice from Unitywater which
authorises and is limited to connection of network infrastructure and property services
infrastructure at Lots 2 & 3 SP115864 to Unitywater’s network infrastructure, and where relevant,
the establishment of water supply and sewerage network works infrastructure, subject to
conditions. The approval requires works to be in accordance with a Water Supply and Sewerage
Network Capacity Assessment prepared by the applicant which states the proposed development
will be serviced by a private pump station and rising main that is planned for connection to the SPS
CRY012 catchment, via a gravity main crossing across Myall Street. The rising main alignment will
be located within the subject site and allotments to north, parallel to the western property
boundaries.
The proposed location of the private pump station and rising main are detailed in the following
image:
Figure 21: Location of pump station and rising main
The proposed pump station within the dam catchment area raises concern, as it would potentially
result in the catchment being polluted should the system fail or not be adequately maintained.
Furthermore, the proposed siting of the pump station as detailed in the engineering plans is not
included on the architectural plans with the architectural plans detailing this area as a driveway.
It is noted that the alignment of the private main is within the vicinity of the existing tree line within
the golf course. This vegetation is an important component of the tree lined character experienced
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when entering and existing Cooroy. It is unclear as to whether the development of the rising main
will impact on this existing vegetation.
Community Benefit
The applicant seeks to justify the conflict with the planning scheme by promoting that the
development will result in a number of benefits to the community.
The application material states that the Cooroy Golf Club is facing a substantial deficit this financial
year as a result of a declining membership base. On this basis it is agreed that the provision of one
10 year golf club membership per dwelling and upgrades to the golf club facilities would provide a
significant stimulus to the financial viability of the golf club at least in the short term.
Whilst it is acknowledged that the golf club provides a facility for people to recreate and socialise,
the benefits proposed by the applicant are generally contained to the Cooroy Golf Club and its 346
current members. There is likely to be a significant portion of Cooroy residents who would derive
no or little benefit from the proposed upgrades to the golf club noting that only 38 of the 346
submissions made in support of the application were from residents of Cooroy and Cooroy
Mountain, though the use of the new club house for functions may have some wider community
benefit. In summary, whilst it is understood that the proposal has the support of the golf club and
its members because it offers an upgrade of facilities and some ongoing security to the club’s
future, the paid membership is only for 10 years and these benefits do not outweigh the proposal’s
conflicts with the planning scheme.
Infrastructure Agreement
The provision of a golf club membership and the carrying out of works to the golf club as proposed
by GemLife cannot be conditioned as part of a development approval as they are not considered
reasonable and relevant conditions as required by the Planning Act 2016. As detailed in the
applicant’s response to the Information Request, GemLife for this reason, have advised that they
are agreeable to be bound by an Infrastructure Agreement (IA) to deliver the proposed outcomes.
In the response to the Information Request the applicant advised:
The applicant has prepared an Infrastructure Agreement setting out the deliverables agreed
between GemLife and the Golf Club to provide Council with the surety required that these
benefits will be delivered. Council will be provided a copy of this agreement under separate
cover and the applicant is willing to execute this agreement prior to a development approval
being issued.
On 22 January 2021 the applicant provided an Infrastructure Agreement executed by the applicant
whilst the Cooroy Golf Club and the current landowners of 122 and 144 Myall Street (the Rural
zoned land) provided their consent to the agreement.
The agreement includes the following deliverables:
• Work contribution to design and construct a new golf club house.
• Work contribution to fit out new golf club house.
• Work contribution to design and construct a car park.
• Work contribution to design and construct new vehicle access road to new golf club house
(a shared access with the seniors living community).
• Work contribution to design and construct golf buggy storage shed.
• Financial contribution of 1 golf membership in the Cooroy Golf Club Inc. for each dwelling in
the seniors living community for a period of 10 years.
• Work contribution to design and construct retrofits to existing golf course layout.
• Financial contribution to Cooroy Golf Club Inc. for course improvements (not already covered
by Golf Course Draft Master Plan 7).
The agreement has been reviewed by Council’s external planning solicitor who has raised a
number of concerns relating to the capacity of the agreement to ensure that the proposed
works/financial contributions are delivered. It has also been advised that the Cooroy Golf Club
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must be a party to the agreement as the works are occurring on their land and they must be bound
to ensure the completion of the works. Should Council wish to approve the application, the
agreement would require amendment before Council decides the application.
4. DRAFT PLANNING SCHEME
The new Noosa Plan adopted by Council commenced on 31 July 2020, and as such it is
appropriate to give some weight to the content of this new scheme.
The Noosa Plan 2020 includes the land the subject of this application partly in the Rural
Residential Zone and partly in the Recreation and Open Space Zone. The land sits outside of the
Urban Area Boundary. As such it is not the intent of the scheme that this land be developed for
urban purposes within the life of the planning scheme. It is also outside of the Priority
Infrastructure Area. A new club house for the golf club is a suitable use within the Recreation and
Open Space Zone.
Figure 22: New planning scheme zoning
In preparing the planning scheme and in reviewing submissions pertaining to this property Council
considered the development potential and suitability of this site and it was considered that despite
its inclusion within the Urban Footprint of the SEQ Regional Plan, commitment of the land for
urban purposes was neither necessary nor appropriate.
As already indicated, urban development of this land is not planned for within this scheme and
the use is not supported in the zone.
5. CONSULTATION
5.1. Referral Agencies
The application was referred to the following Referral Agencies:
• Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for:
• Schedule 10, Part 9, Division 4, Subdivision 1, Table 1, Item 1 (Planning Regulation 2017)
Development application for material change of use stated in schedule 20 of the Planning
Regulation 2017
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• Schedule 10, Part 9, Division 4, Subdivision 2, Table 1, Item 1 (Planning Regulation 2017)
Development application for reconfiguring a lot within 25m of a state controlled road
• Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1 (Planning Regulation 2017)
Development application for a material change of use within 25m of a state-controlled road
and railway
The Department response included conditions relating to:
• Setback of the development from the railway corridor to be generally consistent with the
SARA approved pan;
• The development being carried out in accordance with supporting flood study and storm
water management report to ensure that the state-controlled road is not impacted;
• Provision of new bus stops on Myall Street;
• Provision of internal pedestrian pathway connecting to Myall Street, a pedestrian crossing at
the front of the site and pedestrian footpaths to the new bus stops;
• Roadworks in Myall Street including left and right turning lanes and road widening;
• Vehicular access to the state-controlled road (Myall Street);
• Emergency access;
• Provision of a noise barrier to address vehicular noise from Myall Street
The following image is an excerpt from the approved set of SARA plans and provides details of
works to the frontage of the site, a copy of this plan is included in Attachment 6
Figure 23: SARA approved plan – Myall Street
5.2. Other Referrals
The application was forwarded to the following internal Council officers:
• Coordinator Development Engineering
• Environment Officer
• Coordinator Environmental Health
The application was also reviewed by external consultants with regards to traffic and stormwater
quality and quantity.
5.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. 392 properly made submissions were received, 343 properly made submissions were made
in support of the application and 47 properly made submissions were made objecting to the
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application, 2 properly made applications were impartial. The following table provides a summary
and assessment of the issues raised by submitters.
Matters Raised Comments
Support:
Guaranteed membership boost – 246 golf It is acknowledged that the proposed works to the golf
memberships (1 for every dwelling in the course and provision of one membership per house
GemLife resort) guaranteed for a period of 10 for 10 years will be of financial benefit to the golf
years. course. However, the financial viability of the golf club
New Golf Club House – Construction and fit is not a satisfactory reason to justify the developments
out of a new Golf Club House for Cooroy Golf significant non-compliance with the planning scheme.
Club including dedicated pro shop,
restaurant, café, function room, outdoor deck
and terrace area. The clubhouse will be
equipped to cater for weddings and functions
so that the club can generate supplementary
income from events
New Golf Course Car Park – Construction of
a new 97 space car park for the golf course
New golf buggy storage facilities –
Construction of a 40 space golf buggy
storage shed.
Ensures continuing operation of the Cooroy
Golf Club
New and safer access – Construction of a The proposed access arrangements provides
new entry to the golf course from Myall improved access to the golf club, however the access
Street. is through the Riparian Buffer and requires works
Dedicated turning lanes into the GemLife/Golf within a water way. DTMR have confirmed that an
Club House to be provided alternative access is available at the southern end of
the site.
The concept of retirement living adjacent to a Whilst the golf course adds a point of difference for
golf course is appealing. Much needed the developers when marketing the development it is
retirement living and economic stimulus for not a requirement of the planning scheme.
Cooroy.
Delivers much needed retirement housing A housing needs analysis has identified a need for
and ageing in place solutions additional aged care facilities for people aged 80 and
over. The new planning scheme has re-zoned land on
the opposite side of Myall Street to facilitate the
development of an aged care facility. The applicant
has not demonstrated any planning need for the
proposed development.
Employment will be created in the ongoing Agreed
operation of the retirement resort.
The new 246 households will support local
businesses
The development is proposed on Whilst a significant portion of the land is cleared it
predominately cleared land continues to provide rural scenic amenity and could be
used for an agricultural/rural activity. The landscape
A 10m wide landscape buffer along Myall buffer is generally at least 10 metres however a
Street will be visually appealing significant section of the frontage at the southern end
of the site is less than 10 metres with a minimum
setback of 2.146 metres to the workshop. A landscape
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Matters Raised Comments
buffer will not completely screen the development
noting that the landscaping would filter views of the
development and that plants would take time to fill out.
Object:
Does not comply with the zoning within the Agreed – the proposal raises concern due to its non-
Noosa Plan compliance with the planning scheme particularly with
regards to the proposed high density residential use in
Proposal does not comply with Specific the Rural Zone, noting that the proposal conflicts with
Outcomes for Cooroy and Lake Macdonald the strategic intent for the site in both the Noosa Plan
Locality for amenity, major road network, 2006 and new planning scheme. The development will
density, setbacks, site cover, plot ratio and also result in a significant change to the existing
protection of Lake Macdonald water supply scenic amenity due to the transformation of the
existing grassed and treed rural outlook with modified
Proposal does not comply with Specific ground level, acoustic barrier and dense built form
Outcomes and Probable Solutions for Rural which would be partially screened with a planted
Zone as it is an inconsistent land use and vegetation buffer. The construction of a new access
does not provide sufficient buffer areas road and development of dwelling sites within the
Riparian Buffer are not supported due to the impact on
The site is impacted by the Riparian Buffer environmental values.
Does not comply with Residential Uses Code
Density of the proposal is incompatible with
surrounding Cooroy development
Development is located in the catchment area The planning scheme seeks to prevent works within
of the Lake Macdonald water supply the water supply catchment area. The development of
Private sewerage pump is not appropriate in a high density residential development is inconsistent
the dam catchment area with the intent to maintain the rural land. The siting of
a private sewer pump within the water supply
catchment area raises concerns as a system failure
would potentially result in effluent within the catchment
area.
Visibility of proposal from the major road The proposed built form and transformation of a rural
network and insufficient landscaping outlook to a residential development raises concern
with regards to the impact on the existing scenic views
Subject site is an example of Cooroy’s from the major road network.
hinterland beauty and will be damaged by
high density residential development
The application does not demonstrate an Agreed – the potential financial benefit to the golf club
overriding need for the development in the does not overcome the concerns with the proposals
public interest conflict with the planning scheme.
Falling membership or financial membership
is not an overriding need
Land should be used for agriculture Agreed – rural activities could be undertaken on the
land and would be consistent with the planning
Land could be used for market garden schemes intent for the site.
Land is outside Urban Growth boundary Agreed - the land is located outside of the town
boundary in both the current and new Noosa Plan and
the proposed development is not consistent with the
strategic intent for the site.
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Matters Raised Comments
This is an urban activity on land with an The land is within the SEQRP’s Urban Footprint
SEQRP designation of Regional Landscape although outside of the planning schemes town
and Rural Production boundary
Need is not in rural community with limited Whilst acknowledging resident’s concerns regarding
infrastructure in the town the capacity of existing infrastructure within Cooroy to
cope with the development it is noted that both DTMR
Myall and Elm Street intersection will be and Council’s consulting traffic engineer have
further impacted accepted the proposal. However, it is noted that the
proposal is outside of the Priority Infrastructure Area
Increased population will overload services (PIA) and results in the development of 246 dwellings
and facilities on one site in Cooroy whereas the PIA was based on
an assumption of an additional 280 dwellings per year
Road network cannot cope with additional across the entire shire for the years 2016 – 2021
traffic
Impact on Cooroy urban population
Car parking in Cooroy will not cope
Recent development is already placing a
strain on infrastructure
This is a permanent subdivision Whilst the development does have the appearance of
a residential subdivision with permanent dwellings the
The houses are not relocatable applicant has:
• Demonstrated that the dwellings will be certified
as relocatable;
• Not applied for a subdivision;
• Provided a site agreement which demonstrates
the mechanism by which home owners occupy
the site without the lease being defined as a
subdivision
Allotments are too small and streets too It is agreed that the size of the allotments are small
narrow to allow service vehicles to operate although these are generally consistent with lot sizes
for this type of land use. 6.0 metres road widths, with
2 metre verges on each side, would generally be
adequate to enable service vehicle movement. It is
agreed that the narrow (3.5 – 4 metre) one-way
roadways are not acceptable as there would be issues
using driveways and garages.
No adequate outdoor recreation areas for Whilst no specific outdoor area has been created for
children children there is no requirement within the planning
scheme for one to be provided.
No external works are proposed to provide If the development were to be approved conditions
cycling/pedestrian connectivity to Cooroy could be included requiring pedestrian/cycling
connectivity.
Cooroy already has sufficient number of Council has undertaken a housing needs analysis
retirement facilities which has identified a need for additional aged care,
but this development does not satisfy this need.
Will negatively impact local fauna Development within the Riparian Buffer is a concern.
A residential development on this land would
decrease grazing areas for local fauna
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Matters Raised Comments
Clubhouse expansion will adversely impact As the clubhouse is proposed as a licensed premises,
on residents a detailed amplified music assessment is required to
determine the maximum allowable noise levels for any
amplified entertainment, hours of operation and
limitations to any outdoor dining areas.
Adjoining landowners have as of right The proposed residential development is adjacent to
permission to conduct rural uses rural land and raises the potential for adverse amenity
High density creates social issues and All residential development can result in conflict and
neighbourhood disputes dispute between neighbours noting that there are a
number of higher density developments within the
Shire which do not result in an increased number of
neighbourhood disputes.
No guarantee of economic benefit from Not planning related matters
construction as GemLife may use their own
contractors
The development will impinge on any
proposal to by-pass the town
The clubhouse could include gaming
machines in the future
6. CONCLUSION & REASONS FOR DECISION
The application seeks to develop a senior living facility with 246 dwelling units and undertake
improvements to the adjoining golf club including the provision of a new club house.
The proposal raises concern due to significant conflict with the planning scheme as the subject site
is located within the Rural Zone and Open Space Recreation zone and outside of the town
boundary. It is intended that land within the Rural zone be used for agricultural/rural activities and
not for high density residential development. A high density residential development on the subject
site would have detrimental impacts on the rural scenic amenity and diminish the capacity for
agricultural/rural activity within proximity of the township. The built form of the development raises
concerns with regards to site cover, setbacks, and inconsistency with the character of Cooroy and
landscaping. The provision of car parking also raises concern as the proposed use of garages for
visitor parking is impractical.
A housing needs analysis undertaken for the new planning scheme has identified a need for aged
care facilities and consequently land on the opposite side of Myall Street has been re-zoned in the
new planning scheme to accommodate a residential care facility. The proposed development is
therefore additional to those needs.
The applicant maintains that the benefits arising from works to the golf club and a commitment that
each house will pay for one membership for 10 years justify the conflict with the planning scheme.
Whilst acknowledging the financial benefits for the golf club, the proposed benefits do not
overcome the proposal’s conflict with the planning scheme, as there are limited wider community
benefits. Furthermore the golf club works and proposed memberships cannot be conditioned as
part of an approval and require an Infrastructure Agreement be entered into to ensure that they
are delivered. The Infrastructure Agreement which has been provided by the applicant does not
ensure the delivery of the proposed works/financial contributions to the Cooroy Golf Club and
requires amendment.
As a consequence of the proposal’s significant conflicts with the Noosa Plan 2006 and Noosa Plan
2020 it is recommended that the application be refused.
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Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
x Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
Strategic Land Use Planning x Infrastructure Planning,
x
Design and Delivery
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Page 48 of 112Section 49
SPECIAL MEETING AGENDA 25 FEBRUARY 2021
Page 49 of 112
SPECIAL MEETING AGENDA 25 FEBRUARY 2021
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SPECIAL MEETING AGENDA 25 FEBRUARY 2021
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Page 50 of 112Section 51
SPECIAL MEETING AGENDA 25 FEBRUARY 2021
Page 51 of 112
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Page 51 of 112Section 52
SPECIAL MEETING AGENDA 25 FEBRUARY 2021
Page 52 of 112
SPECIAL MEETING AGENDA 25 FEBRUARY 2021
FOR APPROVAL
‘ME CONSIRUSIII
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Page 52 of 112Section 53
SPECIAL MEETING AGENDA 25 FEBRUARY 2021
Page 53 of 112
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SPECIAL MEETING AGENDA 25 FEBRUARY 2021
Page 54 of 112
SPECIAL MEETING AGENDA 25 FEBRUARY 2021
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Page 54 of 112Section 55
SPECIAL MEETING AGENDA 25 FEBRUARY 2021
Page 55 of 112
SPECIAL MEETING AGENDA 25 FEBRUARY 2021
FOR APPROVAL Bn
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Page 55 of 112Section 56
SPECIAL MEETING AGENDA 25 FEBRUARY 2021
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SPECIAL MEETING AGENDA 25 FEBRUARY 2021
Page 58 of 112
SPECIAL MEETING AGENDA 25 FEBRUARY 2021
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Version: 1, Version Date: 23/12/2020
Page 58 of 112Section 59
SPECIAL MEETING AGENDA 25 FEBRUARY 2021
Page 59 of 112
SPECIAL MEETING AGENDA 25 FEBRUARY 2021
FOR APPROVAL
HOT 38 CONSTRL TION
ETE: POOL EWE
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Page 59 of 112Section 60
SPECIAL MEETING AGENDA 25 FEBRUARY 2021
Page 60 of 112
SPECIAL MEETING AGENDA 25 FEBRUARY 2021
FOR APPROVAL
HOT 38 COMSTRLETION
. FERIIRESSREEH °CMDES COATED FR SH
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SPECIAL MEETING AGENDA 25 FEBRUARY 2021
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SPECIAL MEETING AGENDA 25 FEBRUARY 2021
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SPECIAL MEETING AGENDA 25 FEBRUARY 2021
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NOT FOR CONSTRUCTION
DESIGNER ‘HON ED' BLUCKWORK SELECTED METAL ROUF SHEETING ¢ 2° 10 5°
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SPECIAL MEETING AGENDA 25 FEBRUARY 2021
FOR APPROVAL
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SPECIAL MEETING AGENDA 25 FEBRUARY 2021
Page 72 of 112
SPECIAL MEETING AGENDA 25 FEBRUARY 2021
FOR APPROVAL
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