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2016-04-19 Planning & Environment Committee Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 19 April 2016
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Joe Jurisevic, Ingrid Jackson, Brian Stockwell, Tony Wellington
“Engagement with our community to protect and enhance our lifestyle”
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Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR RETAIL
BUSINESSES -TYPE 5 VEHICLE USES (SERVICE STATION & TYPE 2 SHOP
AND RECONFIGURING A LOT (1 LOT INTO 2 LOTS & ACCESS EASEMENT) AT
115 EUMUNDI NOOSA ROAD NOOSAVILLE (MCU15/0095 & REC15/0022) 3
2 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
TRANSPORT TYPE 3 - DEPOT SITUATED AT 44 NANDROYA ROAD, COOROY
(MCU15/0085) 27
3 PLANNING & ENVIRONMENT COURT APPEAL D35/16 FOR A DEVELOPMENT
APPLICATION FOR OPERATIONAL WORKS (CLEARING VEGETATION) IN AN
ENVIRONMENTAL COVENANT AREA AT 6 SERENITY CLOSE, NOOSA HEADS
(OPW15/0195) 37
4 DRAFT NOOSA SHIRE KOALA CONSERVATION PLAN 2016 43
REPORTS FOR NOTING BY THE COMMITTEE -
CLOSED SESSION -
Page 2 of 46
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR RETAIL
BUSINESSES -TYPE 5 VEHICLE USES (SERVICE STATION & TYPE 2 SHOP AND
RECONFIGURING A LOT (1 LOT INTO 2 LOTS & ACCESS EASEMENT) AT 115
EUMUNDI NOOSA ROAD NOOSAVILLE (MCU15/0095 & REC15/0022)
DOCUMENT INFORM AT ION
Author Coordinator Planning, Denis Wallace
Planning & Infrastructure Department
Index ECM / Applications / MCU15/0095 & REC15/0022
Attachments 1. Proposal Plans
2. Air Quality Assessment Report
(2 x copies of Attachment 2 provided in Councillors’ Room)
APPLICATION DETAILS
Applicant Synergy Property Partners
Proposal Material Change of Use of Premises - Retail Business Type 2
Shop and Type 5 Vehicle Uses; &
Reconfiguring a Lot – 1 Lot into 2 Lots and Access Easement
Properly Made Date 27 October 2015
Information Request Date 06 November 2015
Information Response Date 26 November 2015
Decision Due Date 24 March 2016
Number of Submissions 357 Properly Made
4 Not Properly Made
PROPERTY DETAILS
Property Address 115 Eumundi Noosa Road Noosaville Qld 4566
RP Description Lot 30 SP170751
Land Area 5,019m2
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Industry
Overlays Low Potential Acid Sulphate Soils Area
Assessment Type Impact
Page 3 of 46
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 19 April 2016 and refuse Application No. MCU15/0095 & REC15/0022
for a Development Permit for a Material Change of Use of Premises - Retail Business Type 2
Shop & Type 5 Vehicle Uses and Reconfiguring a Lot – 1 Lot into 2 Lots, situated at 115
Eumundi Noosa Rd, Noosaville for the following reasons:
1. The service station poses unacceptable risks to human health, safety and wellbeing at
adjacent existing uses, in particular to children using directly adjacent school facilities.
2. The development provides insufficient buffers to adjacent extremely sensitive school uses.
3. The development conflicts with The Noosa Plan’s Noosaville Locality Code and Business
Uses Code as it is incompatible with, and has the potential to adversely impact on, the
adjacent school users.
4. The service station is unable to contain emissions within the site, as sought by The Noosa
Plan for sites adjoining community uses.
5. A precautionary approach should be applied pursuant to the Sustainable Planning Act
2009, given the development’s significant health and safety risks for adjoin the adjoining
sensitive uses.
REPORT
1. PROPOSAL
The application seeks approval for a Material Change of Use of premises for a service station
and retail shop and Reconfiguring a Lot to subdivide the existing lot into 2 lots and an access
easement. The service station and shop comprises:
a 254m2 service station building
a refuelling canopy over 3 refuelling bowsers with 6 filling positions
180,000L of underground fuel storage tanks
10 car parks and 2 motorcycle spaces
1 Loading service bay and screened bin enclosure
The applicant does not nominate the area of the service station’s retail shop component but it is
approximately 100m2. The business is proposed to operate 24hrs a day, 7 days a week. The
application includes a preliminary landscaping plan indicating landscape areas to most of the
site’s Walter Hay Drive and Eumundi Rd frontages. An extract of the proposed site plan and an
architectural perspective are shown in Figures 1 and 2 below.
Page 4 of 46
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
Figure 1 – Proposal Plan Extract
Figure 2 – Architectural Perspective
Page 5 of 46
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
The subdivision component of the application seeks to divide the existing 5,018m2 lot into 2 lots,
as indicated in Figure 1 above. The proposed lot sizes are 2,915m2 (Lot 1 to contain the service
station) and 2,104m2 (Lot 2 balance lot). An access easement is proposed over a common
access driveway off Eumundi Road, with this intended to be the only future access point for both
lots. The entrance driveway is positioned just to the south of an existing 33kV power pole within
the road reserve.
The site is zoned Industry, with the service station use identified as consistent within the zone
under The Noosa Plan and the shop use identified as inconsistent. The application is before
Council due to the inconsistent use component, the number of public submissions received for
the application (367) and the recommendation for refusal of the application.
2. SITE DETAILS
2.1. Background
The site formed part of the former Noosa Council depot, which was reconfigured in 2004 into six
parcels (five to the south of Walter Hay Drive) and the road reserve for Walter Hay Drive North.
The Lutheran Church purchased the lot from Council in 2008.
A development application for a Material Change of Use for a fast food restaurant (Hungry Jacks)
and Reconfiguration of a Lot (1 into 2 lots and access easement) on the site was lodged in June
2011 but was withdrawn in September 2011.
A pre-lodgement meeting was held with the applicant to discuss the current proposal on 7 July
2015, which identified matters to be addressed in an application.
2.2. Site Description
The site is a 5,018m2 irregularly shaped allotment sitting to the east of the intersection of
Eumundi Noosa Road and Walter Hay Drive. The site has 157m frontage to those roads and the
major roundabout at their intersection.
The site slopes gently southwest at around 4 degrees toward Walter Hay Drive. The majority of
the frontage has been retained by a small retaining wall near the boundary to about 600mm high,
as shown in the street view below.
Page 6 of 46
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
Figure 3 – Street View
The lot is mostly cleared but contains some scattered stands of native trees including
bloodwoods, melaluecas and casurinas, with a number toward the site’s frontage. A locality plan
is shown in Figure 4 below and an aerial photograph of the site and surrounds is shown in Figure
5.
Figure 4 – Locality Plan
Page 7 of 46
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
Figure 5 – Aerial View
2.3. Surrounding Land Uses
An ENERGEX substation abuts the site to the northeast. The Good Shepherd Lutheran College
abuts the site to the southeast. A mix of industrial, commercial, vehicle and medical uses are to
the northwest, west and southwest across Eumundi Noosa Road and Walter Hay Drive. A mixed
use service station, industrial and retail development has been approved over 2 lots across the
intersection to the southwest, with that site fronting both Eumundi Noosa Road and Lionel
Donovan Drive.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
Page 8 of 46
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
3.2. State and Other Statutory Instruments
State Planning Policy
The development is within a mapped potential acid sulphate soils area and triggers assessment
against the State Planning Policy in regard to Water Quality. This aspect is assessed in Section
3.3 of this report, with the development able to comply, subject to appropriate conditions.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies and Regulatory Provisions of the SEQ Regional Plan.
3.3. Statutory Instruments – Planning Scheme
The site is located in the Noosaville locality and is zoned Industry. A service station is identified
as a consistent use within the zone and would otherwise be subject to code assessment,
however, the retail shop component is identified as an inconsistent use and the application is
therefore required to follow an impact assessable application process.
Locality Provisions
The retail shop component raises conflicts with the uses sought within the zone. Generally
speaking, The Noosa Plan seeks to avoid retail shops (of the type normally expected within
shopping centres and retail shopping strips) from the Industry zone. Overall Outcome 11.8.2 (y)
of the Noosaville Locality Code states:
For the Industry Zone—land in this zone—
… is protected for industrial functions including Industrial business Type 2 to the exclusion of
incompatible uses including Residential Uses, Community Uses, Commercial business and most
sport and recreation uses and Retail business uses;
Given the retail shop use’s planning conflict, the Sustainable Planning Act requires the
assessment to identify sufficient grounds to overcome the conflict for the application to be
supported. The applicant’s submits the following grounds in support of the retail shop:
The proposed use is considered to be an appropriate and reasonable form of development
within the area in which it is located.
The proposed development is of a type, scale and intensity that is consistent with a
reasonably anticipated service station type development.
The proposal will comprise high quality, improved landscaping which is considered to soften
the visual impact on the hard surface areas and improve the current appearance of the site.
The existing vegetated buffer is to be continued along Walter Hay Drive and established trees
are to be retained where possible.
The proposal is considered to significantly improve the visual amenity of the existing site and
adjoining area by incorporating modern architectural qualities, improved landscaping and
upgraded street frontages.
The application demonstrates compliance with all relevant local and state provisions including
all relevant codes.
It is agreed the retail shop component is an ancillary and commonly expected component of a
modern service station development. The convenience retail role of service stations has largely
replaced traditional corner stores, which have all but disappeared, and now form an important
part of the retail network to meet residents’ needs. The site is located on Eumundi Noosa Road,
a major arterial road, and will serve the high levels of passing traffic. Whilst the development will
probably compete with a recently approved service station on the opposing corner of Eumundi
Noosa Rd and Walter Hay Drive (MCU14/0102.02), this is not a significant matter for the
assessment, given the service station is a consistent use within the zone.
Page 9 of 46
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
At around 100m2, the retail shop component will not significantly detract from the site’s overall
industrial function, nor the Industry zone more broadly, and it will not have a significant impact on
Noosa’s existing retail centres.
Specific Outcome O1 of the code concerns the compatibility of new uses with existing
development, it states:
O1 Uses are located, designed and operated to avoid significant adverse changes to the light, air
quality, noise, accessibility or other conditions enjoyed by users of associated, adjoining or
nearby uses.
Significant concerns are raised in regard to this outcome due to the service station’s location
adjacent to the Good Shepherd Lutheran College. This issue is discussed in detail in Section 3.4
of this report.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Engineering Works Codes
Landscaping Code
Reconfiguring a Lot Code
The application has been assessed against each of the above applicable codes. The primary
issues arising out of the assessment against the codes are discussed below:
Code Discussion
Business Uses The development can broadly meet the provisions of the code, subject to the
Code conditions ensuring compliance with a range of outcomes including, layout,
pathway connections, waste, landscaping and access. It does, however, raise
significant concerns with health and safety discussed in Section 3.4 of this report.
Driveways & The development provides 10 car spaces, 2 motorbike spaces and a loading zone
Parking Code in addition to the bowser fill-up positions, which is considered sufficient to cater for
the parking demand for the use and meets the outcomes of the Code. Vehicle
manoeuvring areas are sufficient for all vehicles that will access the site, including
tankers. The long entry driveway provides an on-site queuing length of around
50m and will avoid off-site impacts from queuing.
Reconfiguring The development meets the provisions of the Code, with both proposed lots
a Lot Code exceeding the minimum 1,000m2 lot size required for Noosaville’s Industry zone.
The common driveway location avoids multiple accesses in proximity to the
Eumundi Noosa Road/Walter Hay Drive roundabout. Conditions can be applied
to address frontage works, access provisions, and the like.
Landscaping The proposal meets minimum landscaped area and setback requirements under
Code the Code, with the service station site providing double the required 15%
landscaped area at 30% of proposed that lot. Some removal of existing trees on
the site will be required but there is opportunity to retain approximately 10 within
the site frontage. An extract of the submitted preliminary landscaping code is
shown in Figure 6 below.
Page 10 of 46
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
Figure 6 – Preliminary Landscaping Plan Extract
Overlay Provisions
The site is within a Low Potential Acid Sulphate Soils Area, being approximately 9.0m AHD at its
lowest level. Given the extensive earthworks required for the underground fuel storage tanks,
conditions are recommended requiring further soil assessment and the implementation of an acid
sulphate soils management plan for the site, if necessary, prior to commencement of any
earthworks.
3.4. Primary Assessment Issues
Health Impacts & Sensitive Adjacent Land Uses
The development raises concerns due to its location beside the Good Shepherd Lutheran
College and associated health, wellbeing and safety risks. Outcome O1 of the Noosaville
Locality Code states:
Uses are located, designed and operated to avoid significant adverse changes to the light, air
quality, noise, accessibility or other conditions enjoyed by users of associated, adjoining or
nearby uses.
Page 11 of 46
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
Overall Outcome 11.8.2 (a) for the Noosaville Locality includes:
New uses and works are located, designed and managed to—
i be compatible with other uses and works;
ii maintain the safety of people and works;
iii avoid significant adverse impacts on the amenity enjoyed by users of other premises,
including acoustic and visual qualities; …
Outcomes O65, O66 and O76 of the Business Code state:
O65 Industrial business is conducted in an ecologically responsible manner, operating without
deleterious impacts on immediate, surrounding or downstream environments and ecological
processes, including avoiding the release of pollutants that would adversely affect the quality of
the land, air or water.
O66 Where adjoining an existing residential use or a community use or land included in a
residential zone any emissions of odour, dust, air pollutants, noise, light or vibration does not
spread beyond the site boundaries.
O76 Service stations are located only where they are compatible with the existing and proposed
amenity and development of a neighbourhood and where they are appropriate given the existing
or likely future traffic movements in the area.
Overall Outcome 14.11.2 (b) includes:
Business Uses meet the needs and expectations of the Noosa community in terms of providing—
…
iii development that is compatible with the existing character and amenity of the streetscape
and surrounding area;
…
vii safety and security for property owners, employees and patrons;
The development raises significant concerns with the health and safety of children and others at
the Good Shepherd Lutheran College uses, specifically:
A toddler / learn-to-swim pool located approximately 5m from the common boundary;
An open air 25m long swimming pool located approximately 16m from the common
boundary; and
A gymnasium located approximately 3m from the common boundary.
Volatile Organic Compounds (VOCs) in fuel vapour are known to have long-term health effects
and include benzene, a known human carcinogen also present in tobacco smoke and car
exhaust fumes.
The Noosa Plan does not provide specific assessment provisions relating to airborne fuel vapour
or prescribe buffer distances for service stations from adjacent uses. Many older existing service
stations in Noosa abut residential properties and provide minimal buffers. However, the proposed
development raises unique considerations, with the adjacent uses considered extremely
sensitive because they involve young children, including toddlers and babies.
The separation distances to the nearest congregation areas for children are approximately 35m
(toddler pool), 47m (25m pool) and 41m (gymnasium) as indicated in Figure 7 below. The
balance of the school is buffered by a carpark and the nearest classroom is approximately 124m
from the bowsers.
Page 12 of 46
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
Figure 7 – Separation Distances to School
A review of available planning guidelines for buffer distances to service stations did not reveal
any statutory material applicable to the development, with environmental controls under the
Environmental Protection Act requiring air quality limits to be met on site.
A 2010 study by the University of Murcia, Spain suggests provision of a minimum buffer of 50m,
with 100m preferable to sensitive receivers such as schools (citation: Isabel M. Morales Terrés,
Marta Doval Miñarro, Enrique González Ferradas, Antonia Baeza Caracena, Jonathan Barberá
Rico. Assessing the impact of petrol stations on their immediate surroundings. Journal of
Environmental Management, 2010; 91 (12): 2754), though there is uncertainty to what extent the
study applies to Australian conditions or reflects the environmental controls applied to service
stations under Queensland’s Environmental Protection Act.
The most contemporary Queensland Local Government planning scheme dealing with the issue
is the Brisbane City Plan 2014. Its Service Station Code, Outcome O7, prescribes air quality and
odour criteria and allows an air quality impact report to be undertaken in accordance with an
associated Planning Scheme Policy to demonstrate compliance.
The issue of airborne hazards was initially raised with the applicant in Council’s Further
Information Request, to which the applicant responded:
Page 13 of 46
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
Benzene as an active constituent of Motor Spirit is 1% [volume/volume] as legislated in Australia.
This is a minor fraction of total chemical compounds in Motor Spirit. With the advent of modern
VR1 systems and fibreglass underground tanks the vapour fraction escaping to the environment
has reduced to extremely low levels that poses no detrimental health impacts to those living in
close proximity to Petrol Stations.
The refuelling canopy is some 46m to the boundary with the school that backs onto the sports
hall and swimming. There are no classrooms within at least 100-150m of the petrol station. This
separation distance alone is more than sufficient to neutralise / dilute any minor trace benzene
particulates to such a degree and to be undetectable.
Upon review of the public submissions Council issued an additional information request about the
issue, with officers previously unaware of the toddler pool location. The request noted the
extremely sensitive adjacent uses and requested the applicant demonstrate compliance with the
Brisbane City Service Station Code Outcome O7 and provision of an associated air quality
impact assessment.
The applicant responded on 15 February 2016 submitting an Air Quality Assessment prepared by
its consultant, Air Noise Environment Pty Ltd (included as Attachment 2 to this report). The
assessment modelled fuel emissions using Ausplume, a recognised modelling tool for regulatory
assessments. The report indicates conservative modelling assumptions have been made and
finds peak emissions of VOCs to be those for benzene at approximately 30% of annual criteria
set under the State’s Environmental Protection (Air) Policy 2008. All other VOCs are modelled at
well within air quality criteria limits.
Council engaged MWA Environmental to undertake a peer review of the applicant’s Air Quality
Assessment. Their review found the overall methodology undertaken was reasonable and had
adopted suitable air quality objectives. MWA noted the modelling used CSIRO TAPM software
rather than local observation data and it considers incorporation of data for the Tewantin
meteorological station would have been reasonable. However, it notes:
… based upon our review of the meteorological dataset applied to the dispersion model and
considering our overall review, the assessment outcome is unlikely to be sensitive to
incorporation of otherwise of the Tewantin observation data.
That is, given peak emissions for benzene are approximately 30% of maximum criteria, use of
Tewantin weather data would not be likely to cause a difference of a magnitude that would result
in emissions exceeding the criteria.
Notably, the Assessment also indicates the applicant is willing to incorporate Stage 2 vapour
recovery. MWA Environmental finds:
The service station is proposed to incorporate Stage 1 and Stage 2 vapour recovery systems to
minimise emissions from the following processes:
Stage 1 Vapour Recovery - Essentially a ‘vapour balance’ system which pipes air displaced from
the underground storage tanks back into the tanker truck when filling. Significantly reduces the
emission ‘peak’ that would occur during filling of the underground storage tanks without the
system.
Stage 2 Vapour Recovery - Refuelling nozzles (handles) incorporate a seal and pipe connected
to a vacuum pump to return air displaced from vehicle fuel tanks when filling back into the
underground storage tank. Significant reduction in the emissions that occur during vehicle
refuelling.
The proposed Stage 1 and Stage 2 vapour recovery systems represent best-practice emission
control for a service station.
Page 14 of 46
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
MWA’s review concludes:
Overall, it is considered that the air quality report adequately demonstrates that the proposed
service station satisfies Performance Outcome PO7 of the Brisbane City Plan 2014 Service
Station Code, as required by the Noosa Council Request for Additional Information.
Conditions could be applied to an approval to address the development’s operation and could
include:
Requirement for incorporation Stage 1 & Stage 2 fuel vapour recovery;
Maximisation of buffer for fuel storage tank vents from school boundary;
Provision of tall screening vegetation (such as Elaeocarpus eumundii) between the bowsers
and the school boundary to aid in vapour plume dispersal;
Monitoring of operational emissions to ensure air quality objectives are met;
Extensive standard conditions applying to service station developments to address
Workplace Health and Safety Queensland and Environmental Protection Act requirements;
and
Requirement for a disaster management plan;
Such measures would seek to achieve best practice for a service station development. In
particular, Stage 2 vapour recovery (containing refuelling vapours from bowser nozzles) is a
control not currently seen in the Noosa area. Despite measures that may be incorporated, the
use will still result in increases in harmful emissions in close proximity of the school’s facilities
where children congregate. It is also important to note the assessment of health risks for this
application has not been exhaustive. Some concerns remain regarding other ingestion pathways
for VOCs (other than inhalation) such as via pool water ingestion or contact, but this is beyond
the expertise of specialists involved to date and would require studies by other medical/chemical
specialists.
The extent of workplace health and safety restrictions applied to service stations also reflects
their significant safety risk. Whilst the likelihood of a fuel explosion at a new development may
be low, the result at this location could be catastrophic.
A true best practice land use planning approach is to avoid the close proximity of the service
station to the school. The Sustainable Planning Act provides for the application of a
precautionary principle when considering development and describes it as: the principle that lack
of full scientific certainty should not be used as a reason for postponing a measure to prevent
degradation of the environment if there are threats of serious or irreversible environmental
damage.
Given the proximity of very young children to this development it is considered appropriate to
apply a precautionary principle to avoid the service station use on the site due to the risks to their
health and safety. The development is considered to conflict with the Specific and Overall
Outcomes of the Noosaville Locality Code and Business Uses Code that seek to ensure new
uses are compatible with existing uses and do not introduce unacceptable impacts or risks.
Traffic
Public submissions to the application raise concerns the development may exacerbate existing
traffic congestion in the area during school during drop off and pick up times for the Good
Shepherd School. Council’s Transport and Traffic Planning Section indicate they have concerns
with existing congestion in the area as well as the potential impact of the loss of the site for
informal parking currently used by the school. Council officers have met with the school and
members of the local Traffic Advisory Committee and would prefer the owner place the
application on hold until off-site traffic issues associated with the development are further
discussed. However, this is outside the assessment framework for this application and no such
direction has been received from the owner or applicant. It is also important to note the site does
not form part of the required car parking for the school under existing development approvals.
Page 15 of 46
Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
The assessment of traffic issues for this application finds:
Primary traffic congestion issues in the area at peak school times are observed at the school
entrance off the Goodchap Street roundabout 100m to the north of the site, with the location
of the development access unlikely to have significant impacts on traffic flow.
The traffic generation of the development is commensurate with development expected on
the site under The Noosa Plan’s provisions.
The driveway location provides the maximum available buffer distance from the Walter Hay
Drive roundabout and the left-in, left-out arrangement is appropriate to minimise traffic
impacts.
The long driveway entrance of approximately 50m provides sufficient vehicle queuing
distance to avoid offsite traffic conflicts resulting from customer fuelling or bulk refuelling
trucks.
Refuelling times could be conditioned outside of peak school traffic times.
As such, the development is not considered to raise unacceptable traffic impacts.
3.5. Noosa Plan Amendments
Draft amendments to The Noosa Plan are being considered by the State and are expected to
take effect later this year. The amendments have been reviewed and do not alter this
assessment in any significant ways.
4. CONSULTATION
4.1. IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Advice Agency - ENERGEX
ENERGEX is an advice agency for application due to the site’s proximity to the neighbouring
electrical substation. It provide its Advice Agency response by letter dated 17 December 2015
requesting Council apply conditions to any approval requiring a survey of the 33kV power line
that traverses the northern corner of the site and the creation of an electrical easement for the
line.
4.2. Other Referrals
The application was forwarded to the following internal Council specialists:
Senior Environmental Health Officer
Environmental Health Coordinator
Development Engineer
Coordinator Waste
4.3. Public Notification
The application was publicly notified for 15 business days between 30 November to 18
December 2015 in accordance with the Sustainable Planning Act 2009. 357 properly made and
4 not properly made submissions were received. Two properly made submissions attached
petitions including a total of 151 signatures. All submissions object to the development and the
vast majority came from parents, students and the broader school community. The public
response represents a significant reaction by the school community, given the total current
students at the school is around 750. A submission was also received from the Noosa Parks
Association. The following table provides a summary and assessment of the issues raised by
submitters.
Page 16 of 46
Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
Issues Comments
Health & Safety
The service station and its gas and
underground fuel tanks directly adjoin high The development is able to meet air quality
usage community facilities and the existing criteria, such as in the Environmental
HV Electricity substation. Protection (Air) Policy but still results in
emissions from the site. The Noosa Plan
Adjoining facilities include an open air seeks to ensure new uses are compatible with
swimming pool and toddler pool, school existing uses and, specifically, that emissions
class rooms including the HPE Centre and do not result from development adjoining a
Music rooms which see continual school school use.
use. The proposal is considered to have
unacceptable risks to the health, wellbeing
Health and safety impacts of toxic fumes and safety of children and others at the
from inhalation (benzene, the mixing of school. A precautionary approach to avoiding
petrol chemical fumes with chlorinated pool the service station use on this site is
fumes and its documented links to cancer), recommended.
potential for fire and gas explosions
exhibiting unreasonable risk to life.
Up to 900 children could potentially be
affected by the proposed development, as
well as staff and community members. The
community facilities are in use weekdays
from 6am until 7.30pm and on Saturdays
also.
There are children in local area with
existing respiratory health issues and there
are concerns due to potential traffic
increases and fumes from the service
station.
The HPE Centre [gym] has a series of high
level air intake louvers facing the site. If a
“vapour wall” is built there is nothing
preventing the fumes going over the barrier
into the HPE Centre.
Concern for families and staff that use the
Day Care Centre. Exacerbated health and
safety risks due to close proximity to the
power station, Telstra facility and additional
proposed service station.
The proposed use is inappropriate for the
area considering other surrounding land
uses of community services, housing, open
space and recreation zones.
Page 17 of 46
Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
Issues Comments
Traffic
The proponent and the QTraffic report has
failed to take into account relevant Concern regarding existing congestion in the
information including increased traffic area at peak school times is acknowledged.
volume in already congested peak hours However, the traffic generation levels are
and increased volume of local traffic at the commensurate with consistent commercial
Walter Hay Drive roundabout and the development allowed on the site by The
adverse traffic impact on the community Noosa Plan.
members including cyclists. Whilst alternate uses of the site may generate
less traffic movements and/or help to
The site would be better to use as school ameliorate school parking issues, that is a
parking as it currently is used as an matter for the owner.
overflow car park area for upwards of 40
cars per day. Queuing lengths within the development are
significant at approximately 50m and are
The proponent’s Traffic Management Plan acceptable.
has problems with buffers from the Good
Shepherd Lutheran College.
The applicant failed to provide an adequate
response to Noosa Council’s information
request in regard to queuing in the road
and traffic conflict in the shared access
area (easement) for peak school commute
times.
There are not enough pedestrian
crossings.
Land Use
It is agreed the development raises concerns
A service station right next to a school is with health and safety which conflict with
unheard of in Noosa. It would be wrong associated outcomes of The Noosa Plan and
regardless of orientation, visual barriers, for which a precautionary principle to avoid the
stand-off distances, etc. development should apply.
Noosa Council as Assessment Manager
has the duty to adhere to the precautionary
principle as set out in the Sustainable
Planning Act 2009
It should be refused on the grounds of
public interest.
Need
Need for the service station use has not been
There is no community need for another assessed because it is identified as a
service station due to Council having consistent use on the site under The Noosa
already approved another service station Plan.
on Walter Hay Drive. The current approved
service station is also a more acceptable
distance from the school.
Page 18 of 46
Section 19
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
Issues Comments
Commercial Impacts
The retail shop component is considered an
Concerns with impacts the proposed ancillary component commonly expected with
development will have on small business. a modern service station. The development
would service the needs of passing traffic on
There aren’t sufficient grounds for the Eumundi Road. It is likely to compete directly
approval of the shop. with the approved service station and retail
shop adjacent to the southwest on Eumundi
Road but should not have significant impacts
on other businesses, with limited convenience
retail facilities in the surrounding area.
Commercial Gain
Not a matter for this assessment.
The school board should not benefit from
the sale of land that was bought from
Noosa Council at a reduced rate due to its
use for community purposes.
Acoustic & Visual Amenity
The development is not considered to raise
General amenity of the local area would be any acoustic, visual amenity or spill light
compromised. The proposed development concerns that cannot be addressed by
would impact acoustic and visual amenity conditions.
including:
o Residents of surrounding area Loitering at the development is not considered
including the retirement village a reasonable concern for the development
o Pedestrians type or its proposed design.
o School children whilst studying
o Other amenity concerns raised
include:
o Safety concerns regarding strangers
loitering around the proposed service
station conducting possibly unlawful
activities
o Excessive lighting emitted from
proposed service station
o Impacts to the visual amenity of Walter
Hay Drive, where the school is in a
‘green zone’.
Public Notification
The 15 business day public notification
The Notice of Commencement was too
complied with statutory provisions of the
short a timeframe for Public Notice
Sustainable Planning Act.
advertising at Eumundi Noosa Road.
Habitat
Vegetation removal on the site is relatively
Concerns for natural environmental
minor and reasonably expected, given the
impacts including, native habitat removal,
industrial zoning. The vegetation present
fragmentation and attrition.
does not have significant habitat or
connectivity values.
Page 19 of 46
Section 20
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
5. CONCLUSION
The application seeks approval for a service station with an included retail shop component. The
service station is a consistent use within the site’s industrial zoning and the development would
be broadly supportable on sites elsewhere in the zone but raises specific concerns due to its
location adjoining the Good Shepherd Lutheran College. The Noosa Plan seeks to ensure new
uses are compatible with existing uses, avoid impacts on air quality and amenity, and contain
emissions within sites adjoining a community use.
The service station use proposes best current practice vapour recovery methods and can be
conditioned to achieve best practice in a number of other ways. However, harmful emissions are
unable to be fully contained within the site and some degree of hazardous pollution is necessary
for the development to occur. The site is in very close proximity to uses highly sensitive to
potential health impacts, being the school’s toddler pool, 25m pool and gymnasium. All of which
are within 50m of the proposed fuel bowsers. Given the highly sensitive adjacent uses involving
very young children and the potential outcome from a fuel explosion, best practice land use
planning is to avoid the service station use at this location.
This assessment is also unable to be exhaustive about the potential health risks in association
with fuel vapour’s interaction with pool water, ingestion or contact with pool water, and the like.
As the hazards of fuel constituents to human health are known and the adjacent uses involve
young children most at risk, it is appropriate that a precautionary approach be applied.
The development’s siting and emissions are considered to conflict with The Noosa Plan’s
Noosaville Locality Code and Business Uses Code and the application is recommended for
refusal, with detailed reasons listed in the recommendation section of this report.
Departments/Sections Consulted:
Chief Executive Officer X Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
X Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service X Civil Operations
Economic Development X Infrastructure Planning & Design
Governance X Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 20 of 46
Section 21
Page 21 of 46
z PARKING SCHEDULE LEASE SCHEDULE ( )
s DISABLED (6.4m x 2.4m) 1 PETROL SITE 2444? V
-with 5.4m x 2.4m shared bay between VACANT LAND 2574m*
SOTORGraE al ; am : (ACCESS EASEMENT 467m*) 4 0 5 10 15 20m
‘ORCYCLE (3.0mx 1, oaece cece” Pe el Le
TOTAL 5018m? \ —
_—=— /
PETROL SITE COVERAGE al a
LANDSCAPING 739m! 30.2% ==
BUILDING 2am? 10.4% ee 04 RPD
CANOPY 319m? 13.1% LOT 30 on SP 170751
PAVENENT 132m 46.3% / 1
} TOTAL SITE AREA: 5018nt
TOTAL LEASE AREA 24am? = 100% 5
/
_/
BUILDING AREAS wee
SERVICE STATION 194.7n¢ es
REFUSE & SERVICES YARD _56.2n* Sees “AF d
TOTAL 253.6m* ee g > 1S ]
Ls KZ PRE
ef fo
a i a
FUEL STORAGE ; jo) é | St
/ / / a Ey
UNLEADED 91 60,000L / i 'Z | PEF ec
/ Ye ff sx
UNLEADED 95 30,000L, VACANT LAND SeAy/ | | To
UNLEADED 98 30,000L & fey of FR
DIESEL 60,000L kr ~~ / f/f fay
TOTAL FUEL STORAGE — 180,000L ~ / [it fo]
REMOTE FUEL 7 ~ / Mt
—— De ronle r é SS | __ AR & WATER
* FUEL TYPES ARE INDICATIVE ONLY & UNDERGROUND STORMWATER / f ed
MAY BE SUBJECT TO CHANGE DURING DETENTION TANK WITH t n Pay ~~ \ 4
DETAIL DESIGN STAGE. TOTAL FUEL FILTRATION SYSTEM TO COMPLY ro é / \ : 'D04))
STORAGE WILL NOT EXCEED 500,000L WITH DMISION 20 WATER | > Hi 1 |
SENSITIVE DESIGN CODE / / SS / 1 of
THE SITE WILL BE PROVISIONED WITH CAC TIVE ONE) {| /(9@ >See fy
ALL NECESSARY UNDERGROUND PIPE AN | ‘Sx. ates £
WORK FOR VR2 / a Mog ee) 18
af N piper pa ae. %,
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GENERAL NOTES eee OOS Oe) Jag 4 SY N E RGY
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ACCESS iL" a. 8 he PROPERTY PARTNERS
Cenc write wae f je \— avs “# b es
ACCORDANCE WITH AS2890.1 & AS2890.6. f fae”
CARPARKING AREAS TO BE MIN. 5.4m(L) x 2.6m(W) / PT
FOR STANDARD PARKS & MIN. 5.4m(L) x 2.4m(W) ; | A [609s] or [DA APPROVAL
FOR DISABLED PARKS. DIRECT AL GEE f | ee
| , \ | pater]
entry | ext if ——e
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MATERIALS SHOWN ARE INDICATIVE & MAY
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FINAL DETAIL DOCUMENTATION ‘Tes tocameot may bt Be copied, repretucad, retained ot fiscleta te any unaetbarised
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2 TL AGG SUGANO ADIGATIE PROPOSED SERVICE STATION for SYNERGY
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NO ee
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D.A. ISSUE /45193 p02 —
—"Section 22
Page 22 of 46
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Page 23 of 46
CANOPY LINK TO BULDING TO CAR CANOPY PRIME SIGN
PROVIDE ALL WEATHER PROTECTION 3 0 5 10 15m
i Xi —<o
CANOPY aoe
a a6
| SUE | _— RPO
0 LOT 30 on SP 170751
CONCRETE TILT PANEL ROOFED & SCREENED
Uo WALLS TOBE PAINTED BIN & SERVICE YARD TOTAL SITE AREA: 501m
/ 1 SOUTH ELEVATION
\D02 / 1: 300
ROOFED & SCREENED CANOPY LINK TO BULDING TO CAR CANOPY FUEL VENTS PRIME SIGN
BIN & SERVICE YARD PROVIDE ALL WEATHER PROTECTION
CANOPY
/_ = a 4600
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Sa ALL SIGNAGE SHOWN FOR INDICATIVE
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5 © ‘it Covered by Copyright ant all rights are revered by Tur Faragher § Assecates.
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parset, either whully ot part, wPtvat prier consent ia wring from Tam Faragher &
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D.A. ISSUE |15193 DO4 ASection 24
Page 24 of 46
RPD
LOT 30 on SP 170751
TOTAL SITE AREA: 5018nf*
ee COLOURS & SELECTED BULDING
MATERIALS SHOWN ARE INDICATIVE & MAY
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D.A. ISSUE /|45193 pos ASection 25
Page 25 of 46
§ Z)
5
: NOTES Vv
4 0 5 10 15 20m
VEGETATION Metres
peal - AREAS AROUND ENTRANCES, EXITS & PEDESTRIAN
a a= CROSSING POINTS TO CONSIST OF LOW SHRUBS &
a GROUND COVERS TO ENABLE GOOD VISIBILITY FOR
= ‘SAFE MOVEMENT OF VEHICLES & PEDESTRIANS. RPD
/ LOT 30 on SP 170751
/ - LANDSCAPE PLANTINGS TO BE VERIFIED WHEN
DETALED DESIGN LOCATES PROPOSED TOTAL SITE AREA: 5018m?
UNDERGROUND SERVICE LINES, WITH AN EMPHASIS
ON DROUGHT HARDY SPECIES.
__ ~ ALL PAVEMENT AREAS TO HAVE 150mm CONTINUOUS
CONCRETE BARRIER TO LANDSCAPE AREAS.
L - THS DRAWING IS INTENDED AS A LANDSCAPE
“\ - CONCEPT DRAWING ONLY. AT THE OPERATIONAL
[PLES WORKS STAGE, AFULLY DETAILED LANDSCAPE PLAN
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D.A:. ISSUE |15193 p06 ASection 26
Page 26 of 46
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5 1 1 1 83 1 158 2220 34 23 61 oSection 27
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
2 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR TRANSPORT
TYPE 3 - DEPOT SITUATED AT 44 NANDROYA ROAD, COOROY (MCU15/0085)
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM / APPLICATION / MCU15/0085
Attachment 1. Proposal Plans
APPLICATION DETAILS
Applicant AH Forge
Proposal Development Permit for Material Change of Use - Transport
Type 3 – Depot
Properly Made Date 3 September 2015
Decision Due Date 28 April 2016
Number of Submissions Nil
PROPERTY DETAILS
Property Address 44 Nandroya Road Cooroy Qld 4563
RP Description Lot 2 RP 193949
Land Area 21,760m2
Existing Use of Land Transport depot, detached house and associated sheds
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroy & Lake Macdonald
Zone Rural Settlement
Overlays Natural Resources
- Water Supply Catchment
- Gas Pipeline Buffer
Assessment Type Impact
Page 27 of 46
Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 19 April 2016 regarding Application No. MCU15/0085 for a
Development Permit for a Material Change of Use - Transport Type 3 - Depot situated at 44
Nandroya Rd, Cooroy and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
08-2692AD Plan showing location of new shed at lot 2 on 12-05-2015
RP193949, prepared by Max Watterson &
Associates
Q0427-SITE Site Layout, prepared by AJS Surveys 17-02-2016
2 of 6 Floor Plan, prepared by Fineline Residential 2 December 2014
Design
3 of 6 Elevations, prepared by Fineline Residential 2 December 2014
Design
6 of 6 Roof Plan, prepared by Fineline Residential 2 December 2014
Design
Earthworks
3. Earthworks required on site must be carried out in accordance with Council’s
Planning Scheme Policy PSP5 Engineering Design Standards, so as not to cause the
additional ponding of water on any adjoining lands or concentrate or direct overland
flow on to an adjoining property.
Advice Agency
4. The development must comply with the Energex Limited Referral Response dated 16
March 2016, reference HBD 5059698 346062.
B. Find the following sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. The use is existing on the site and the development will not negatively impact on the
developed character or amenity of the area.
Page 28 of 46
Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
REPORT
1. PROPOSAL
The application is for constructed sheds at an existing transport depot at 44 Nandroya Road,
Cooroy. The application would otherwise be a ‘Change to an Existing Approval’ but because
there is an additional State Referral Agency since the original approval, a Material Change of
Use application is required, pursuant to the Sustainable Planning Act 2009. The application is
before Council as the Transport Use is inconsistent in the Rural Settlement zone.
The site has been used as a transport depot (formerly Bells Transport & Cooroy Mountain Spring
Water) since 1981 with the new owners seeking to gain approval for the unapproved works. The
unapproved works comprise a 535m² (16.9m long x 31.7m wide x 7.8m high) shed constructed
adjacent to the existing workshop and a 165m² open sided shed over the existing wash bay. The
works are shown below in Figure 1.
Figure 1 – Unapproved Sheds
Page 29 of 46
Section 30
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
The largest shed provides cover for what was an outside vehicle and equipment storage area
and the smaller shed covers the existing wash bay. There is no proposed change to the nature or
intensity of the existing use.
2. SITE DETAILS
2.1. Background
On the 20 March 1981, Council approved a Transport Depot (TPC1326).
2.2. Site Description
The lot slopes up from Nandroya Road to the south western property boundary that adjoins the
Bruce Highway.
Existing is a 590m² shed and a 342m² administration building (approximately) which are sited
close to the south western boundary (to Bruce Highway frontage). A fuel storage area and a
300m² wash bay are located in the southern corner of the site.
Access to the lot is sealed with large hardstand areas to the front of the sheds. A 3,500m²
unsealed turn around and parking area is located between the existing caretaker’s house and
sheds and administration building.
An existing caretaker’s residence is located in the northern corner of the lot fronting Nandroya
Road.
Figure 2 - Subject Site outlined in purple
Page 30 of 46
Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
2.3. Surrounding Land Uses
The site is located approximately 2.2km southeast of Cooroy’s town centre. The Bruce Highway
adjoins the south west boundary; across Nandroya Road to the north is a small enclave of rural
residential lots and the North Coast Railway line beyond these lots.
Directly adjoining the site to the east is a 3.024ha lot owned by the Department of Transport &
Main Roads (DTMR) which is heavily vegetated. Straddling the common eastern property
boundary is a 40m wide easement containing high voltage power lines and large stanchions. The
easement is seen in red hatching in Figure 2 above.
To the west, the site adjoins a 7,477m2 lot which includes a detached house, associated sheds
and an existing 41m high NBN tower. This house is approximately 110m away from the subject
sheds.
Further to the west across the Bruce Highway, a clay resource quarry, small rural holdings and a
recently approved RV Park exist.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions; and
The Noosa Plan
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposed use
is consistent with the regional policies and regulatory provisions of the SEQ Regional Plan.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Cooroy & Lake Macdonald Locality and is zoned Rural
Settlement. The proposed use is identified as an inconsistent use within the zone and is required
to follow an impact assessable application process.
Locality Provisions
Transport Use
The transport use has been operating lawfully since 1981.
Although the area is zoned Rural Settlement, there are a number of non-residential uses in close
proximity, such as high voltage power lines traversing the site and a 41 metre NBN tower on
neighbouring land to the north west. The site adjoins the Bruce Highway and additionally, a
railway depot is located beyond the small rural residential allotments opposite the site.
There is no proposed intensification of use, as the large shed provides cover to approved vehicle
and storage areas and the smaller shed provides cover for the wash bay. The structures do not
create any additional impacts on the rural residential amenity than existed prior to the structures
erection.
Page 31 of 46
Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
Given the use has been operating since 1981 and the new sheds since approximately 2013, and
no submissions were received from residents as part of this impact assessable application
process, the development is considered compatible with the rural residential enclave and the
existing character of the area.
Setback
The Noosa Plan seeks a 6m setback to buildings and structures in the Rural Settlement zone.
The shed is setback between 3.85 metres and 4.92 metres and an awning is setback 0.14
metres to the Bruce Highway frontage. The setback raises no concern as there are only brief
filtered views of the shed through road reserve vegetation from the Bruce Highway and the
Highway generally sits considerably lower than the lot, which impedes any view of the sheds.
Overlay Provisions
The site is affected by the Natural Resources Overlay and subject to the Natural Resources
Overlay Code - Water Supply Catchment and Gas Pipeline Buffer. An assessment against the
Code is provided below.
Water Supply Catchment
The Code seeks to ensure that development does not adversely affect the quantity and quality of
water from development sites into the Shire’s water courses and storage facilities. The sheds are
sited to areas which were previously hardstand areas and as such there is little change to the
water quantity or quality of runoff to that existed prior to the erection of the sheds.
Gas Pipeline Buffer
Probable Solution S14.1 of the Natural Resources Overlay Code requires that there is no
increase to the number of people congregating within 200m of the gas pipeline. This application
seeks approval for structures that do not involve an increase in the intensity of the use or the
number of people onsite and is considered to meet the provisions of the Code.
4. CONSULTATION
4.1. IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Concurrence
Department of Infrastructure, Local Government ad Planning – State Controlled Road
The Department is a concurrence agency because the subject site abuts a State Controlled
Road. The department provided conditions that ensure the impacts of stormwater associated with
the development are minimised and managed to avoid any adverse impacts on the State
transport corridor.
Advice
Energex Limited
Energex is an advice agency as the subject is affected by an Energex Easement. Energex
approve the development but are in discussions with the owner for the relocation of the wash bay
(out of the easement) or to increase the height of the power lines.
The wash bay encroaches 1.18m into the easement and does not meet the minimum height
separation distance between the roof and the power lines above. After discussion with the
applicant the wash bay roof can easily be reduced in height to meet Energex requirements. A
condition is recommended to ensure the applicant complies with Energex’s response dated 16
March 2016.
4.2. Other Referrals
The application was forwarded to Council’s Engineering Officer for comment.
Page 32 of 46
Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. No submissions were received.
5. CONCLUSION
Despite the Transport use conflicting with the Rural Settlement Zone, the application seeks
approval for structures for an existing use that does not create any further impacts on the rural
residential character or amenity of the area. There is no increase to the number of people onsite
and the quantity and quality of stormwater runoff from the site will not negatively impact on the
Shire’s waterways or storage facilities.
Despite the conflict with The Noosa Plan, the following is considered grounds to support the
application:
The use is existing on the site and the development will not negatively impact on the
developed character or amenity of the area.
The sheds do not raise any significant planning concerns and are recommended for approval,
subject to conditions.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance x Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 33 of 46
Section 34
Page 34 of 46
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
3 PLANNING & ENVIRONMENT COURT APPEAL D35/16 FOR A DEVELOPMENT
APPLICATION FOR OPERATIONAL WORKS (CLEARING VEGETATION) IN AN
ENVIRONMENTAL COVENANT AREA AT 6 SERENITY CLOSE, NOOSA HEADS
(OPW15/0195)
DOCUMENT INFORM AT ION
Author Environment Officer, Conor Neville
Planning & Infrastructure Department
Index ECM/ Applications (T1): OPW15/0195 & 152003.220620.2 and Case
D35/2016 Body Corporate For Elandra Settlers Cove Community Titles
Scheme 37351
Attachments 1. Aerial layout
2. Tree locations
3. Koala Trees
APPLICATION DETAILS
Appellant Body Corporate for Elandra Settlers Cove Community Titles Scheme
37351 Body
Original Application Operational Works for Clearing Vegetation OPW15/0195
Properly Made Date 12 October 2015
Decision 2 November 2015
Negotiated Decision 12 February 2016
Appeal Filed 10 March 2016
PROPERTY DETAILS
Property Address 6 Serenity Close Noosa Heads
RP Description Lot 0 SP18826
Land Area 7149m2
Existing Use of Land High Density Residential
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosa Heads
Zone Urban
Overlays Biodiversity Overlay – Environmental Protection Area, Riparian Buffer
Area
Natural Hazard – Medium Bushfire Hazard, Landslide Hazard Area
Assessment Type Code Assessable
Page 37 of 46
Section 38
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
RECOMMENDATION
That Council note the report by the Environment Officer to the Planning & Environment
Committee Meeting dated 19 April 2016 regarding Planning and Environment Court Appeal
D35/2016 and agree to defend the appeal.
REPORT
In October 2015, Council received an application to clear vegetation located within an
environmental covenant area to the rear of the Elandra Apartments located at 6 Serenity Close,
Noosa Heads (refer Attachment 1). The application was lodged as a code assessable application
under the Planning Scheme. As the vegetation was located within an area protected by an
environmental covenant, the application was required to seek written approval from Council in
accordance with item 5 of the covenant.
The application involved up to 8 trees and sought to remove tree limbs, prune canopies and roots
and remove one dead tree.
A Development Permit for Operational Works Clearing of Native Vegetation under the Planning
Scheme was issued on 2 November 2015. The permit authorised the pruning of limbs and roots
originating from the covenant area that extended to the lawn area or were hazardous. The permit
also authorised the removal of dead vegetation in the covenant area.
The permit did not support the pruning of up to 30% of a Eucalyptus tereticornis (Blue gum) or
the pruning of a group of Acronychia trees because insufficient grounds existed and the
vegetation was in an ecologically significant area (Attachment 2 and 3).
The applicant suspended the appeal period on 19 November 2015 and made representations on
3 December 2015 to the development approval conditions.
The representations to conditions sought to amend Condition 1 to allow pruning of up to 30% of a
Eucalyptus tereticornis (Blue Gum a.k.a. Tree 1) and the pruning of a group of Acronychia trees
(a.k.a. Tree Group) (Attachment 2).
A Negotiated Decision Notice was issued under delegation to the applicant on the 12 February
2016 with Council deciding to:
A. Refuse to change Condition 1 as:
the removal of up to 30% of the canopy of Tree 1 is not warranted as Tree 1 is not
touching the building and the request is premature.
The pruning of the tree group for promoting lawn growth or understorey growth is not
warranted and not supported by approved management plans.
B. Approve a change to Condition 2.
C. Refuse to change Advisory Notes 2 and 3 as:
The advisory note 2 provides information clarifying the importance of the vegetation
in the covenant area with relation to the lawn area
The advisory note 3 is factual and highlights the need to protect habitat and food
resources of the koala.
The Negotiated Decision Notice is the subject of the Appeal.
Page 38 of 46
Section 39
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
The appellant states:
the removal of 30% of the canopy of Tree 1 is warranted because the branches
overhanging the residential area are:
o Creating a risk to people and property
o Contributing to bushfire fuel on ground and in gutters
o Causing the trunk to interfere with the fence
o Creating a physical conflict between the canopy and adjacent buildings
o Creating shade
o Creating root conflict between the paving and retaining walls.
and
o The pruning is consistent with the fire management plan
o The fire management plan requires the subject trees to be pruned.
o The pruning will not impact on the local koala population nor cause a notable impact
on available food and habitat.
o The pruning is consistent with the terms of the covenant.
The pruning of the Tree Group is warranted because:
o The tree group was planted as part of the restoration plan and are preventing
groundcover and lower storey establishment.
o The establishment of groundcover and lower storey vegetation will stabilise the bank.
o The pruning is consistent with the fire management plan.
The Council assessment to date has included detailed consideration of the grounds for interfering
with the covenant vegetation and staff remain firmly of the view that the conditions issued are
warranted and reasonable. It is in order for the Council to defend the appeal and the
recommendation is worded accordingly.
Previous Council Consideration
Not applicable.
Finance & Risk
There will be costs for Council involved in defending the appeal and it is premature to advise on
the appeal prospects at this stage.
Consultation
External Consultation - Community & Stakeholder
Legal advice has been received from Council’s solicitor.
Internal Consultation
Nil
Departments/Sections Consulted:
Chief Executive Officer Community Services X Corporate Services
Executive Officer to the Mayor & CEO Community Facilities X Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance X Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 39 of 46
Section 40
Page 40 of 46
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Page 40 of 46Section 41
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| | | a= {Section 43
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
4 DRAFT NOOSA SHIRE KOALA CONSERVATION PLAN 2016
Author Principal Environment Officer, Peter Milne
Planning & Infrastructure Department
Index ECM/Koala Policy
Attachments 1. Draft Noosa Shire Koala Conservation Plan
(Note : 2 x copies of attachment provided in Councillors’ Room)
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Principal Environment Officer to the Planning & Environment
Committee Meeting dated 19 April 2016 and agree to commence public consultation on the Draft
Noosa Shire Koala Conservation Plan.
REPORT
In July 2015, Council adopted the Noosa Koala Conservation Policy. The policy provides for the
development of a Koala Conservation Plan to implement practical actions to help conserve
koalas. Note that any actions to help conserve koalas will also benefit other fauna species and
their habitat.
The Draft Koala Conservation Plan proposes the following key objectives:
1. Conserve koalas and habitat though statutory provisions
The Plan outlines National and State policy, plans and legislation concerning koalas. The Plan
also includes measures to strengthen local government powers in conserving koala habitat
through the Noosa Planning Scheme and Council policy instruments.
2. Conserve koalas and habitat though non-statutory means
Non-statutory measures include programs to support protection and enhancement of koala
habitat through the Land for Wildlife Program, Voluntary Conservation Agreement (VCA) program
and the Bushland Care Volunteer Program. The Environment Levy is also a mechanism that can
be used to purchase land as a measure to conserve koala habitat.
3. Improve understanding of koala needs and behaviour
Council provides in-kind support to the University of Sunshine Coast with their research to better
understand the health and sustainability of Noosa Shire’s koala populations. This research helps
Council and the community direct conservation actions towards areas of highest priority.
4. Improved data collection and mapping of local populations
Currently there are various databases and maps concerning koalas and their habitat. Council will
continue to use the State statutory mapping to inform development assessment. Recently
Council has developed non-statutory local koala habitat maps which can be used as extrinsic
material to inform development assessment. Council has also developed koala threat mapping
which provides guidance on prioritising areas for Council and community conservation actions.
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Section 44
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
5. Informed infrastructure decisions
Local maps identify known koala habitat areas within the Noosa Shire. The Plan proposes that
Council capital and operational works within known koala habitat areas must comply with
Councils Tree Management on Council Land Policy and the Koala Conservation Policy.
6. Effective wild and domestic dog control
Domestic dog attacks on koalas account for a small number of fatalities and it is unknown what
impact wild dogs have on Noosa Shire’s koala populations. The Plan proposes a number of
actions in relation to wild and domestic dogs including enforcement, targeted wild dog control in
mapped koala habitat areas and more research into the significance of wild dog attacks.
7. Implement translocation of koalas consistent with State policy
The State has very stringent controls with translocating koalas. While there may be some
benefits of translocation, the Plan recommends that a cautious approach be taken and there is a
strict adherence to State policy.
8. Increased community awareness and participation in koala conservation
Council is already involved with a number of environmental programs and events. Awareness of
koala conservation can be promoted through these mechanisms in partnership with local
environmental groups.
Action Plan
The Plan identifies twenty-eight (28) actions to help meet the above objectives. Some of the
actions have already been delivered (e.g. local koala habitat mapping) and other actions are an
ongoing part of Council and community activities. The following actions are worth noting:
The latest round of proposed planning scheme amendments include provisions for
protecting trees outside the Noosa Plan Biodiversity Overlay (former Temporary Local
Planning Instrument-Vegetation Protection);
The Plan proposes to restore koala habitat on private land next to mapped koala habitat
areas. These plantings would be protected under the new vegetation protection planning
scheme provisions if approved by the State. A new initiative will be included as part of the
2017/18 budget process;
Council will be providing in-kind support to University of Sunshine Coast for koala research
over the next 3 years;
Council infrastructure projects in mapped known koala habitat areas will need to be
consistent with Council’s Tree Management on Public Land Policy and the Koala
Conservation Policy.
The Plan proposes an audit of current koala infrastructure (e.g. road underpasses) be
undertaken and infrastructure ‘gaps’ be identified;
Council’s wild dog control program is to target areas adjacent to mapped known koala
habitat.
Page 44 of 46
Section 45
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
Previous Council Consideration
Ordinary Meeting, 30 July 2015, Item 7, Page 8
That Council note the report by the Principal Environment Officer to the Planning & Organisation
Committee Meeting dated 21 July 2015 and:
A. Thank the public submitters and key stakeholders for contributing to the development of the
Noosa Koala Conservation Policy;
B. Adopt the Noosa Koala Conservation Policy provided at Attachment 2 to the report; and
C. Commence the development of a Shire-wide Koala Conservation Plan to implement the
policy.
Finance & Risk
The Plan proposes funding over five (5) years to restore koala habitat on private land. A new
initiative will be included in the 2017/18 budget process for consideration.
Once the koala infrastructure audits are completed, cost to rectify / install new infrastructure (e.g.
underpasses and fencing) can then be determined for future budget consideration also.
It is anticipated that the application of Council’s Tree Management on Public Land Policy and the
Koala Conservation Policy in koala habitat areas will likely incur additional costs for Council
future capital works budget particularly in relation to offset provisions.
Consultation
Preliminary consultation has been undertaken with local koala interest groups during Plan
development.
It is proposed to conduct targeted stakeholder consultation and broad community consultation on
the Plan over a six week period through the ‘Your Say Noosa’ web portal.
External Consultation - Community & Stakeholder
The draft Plan identifies the individuals, organisations and government departments to be
specifically consulted, including:
Koala interest groups
Wildlife rescue and care organisations
Research agencies
Natural resource management groups
Environment groups
Tourism organisations
National, State and Local Government agencies
Internal Consultation
The Plan has undergone internal consultation with the Departments and Sections identified
below.
Page 45 of 46
Section 46
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 19 APRIL 2016
Departments/Sections Consulted:
Chief Executive Officer X Community Services X Corporate Services
Executive Officer to the Mayor & CEO Community Facilities X Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
X Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service X Civil Operations
Economic Development X Infrastructure Planning & Design
Governance X Planning & Environment
Human Resources X Strategic Land Use Planning
Sustainability
Page 46 of 46