Council Planning Report MCU17/0035

MCU17/0035 APPLICATION FOR A DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE OF PREMISES – OPEN SPACE TYPE 2 CAMPGROUND FOR 240 WILDERNESS TRACK  AND ROAD 205 NOOSA NORTH SHORE

Document information

Author	Coordinator Planning, Patrick Murphy
	Environment & Sustainable Development Department

Index	Application/ECM/MCU17/0035

Attachments	1.	Proposal Plan

APPLICATION DETAILS
Applicant	Noosa Council
Proposal	Development Permit for Material Change of Use of Premises - Community Uses - Open Space Type 2 - Campground
Properly Made Date	27 April 2017
Information Request Date	N/A
Information Response Date	N/A
Decision Due Date	11 August 2017
Number of Submissions	2
PROPERTY DETAILS
Property Address	Noosa North Shore Beach Camp Ground 240 Wilderness Trk Noosa North Shore Road 205 NOOSA NORTH SHORE  QLD  4565
RP Description	Lot 1010 NPW 686 Lot 32 MCH 4399
Land Area	58.8 hectares 58.26 hectares
Existing Use of Land	Caravan Park and Campground and National Park
STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Locality	Noosa North Shore
Zone	Open Space Recreation Open Space Conservation
Overlays	Biodiversity Natural Hazard-  Bushfire and Acid Sulphate Soils
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 8 August regarding Application No. MCU17/0035 for a Development Permit for Material Change of Use of Premises  - Open Space Type 2 Campground situated at 240 Wilderness Track, Noosa North Shore and approve the application in accordance with the following conditions:
When Conditions must be Complied With
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
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
D-02174-01-C		Proposal Concept Plans	24/04/2016
Use
Resident guests of the campground must not stay longer than 12 weeks in a year.
The maximum number of camp sites permitted is 200 on site at any one time.
Environmental Health
Sanitary Facilities are to be installed to the following requirements:
Unless an accommodation is fitted with a sanitary convenience, as a minimum standard provide for the exclusive use of the park occupants separate sanitary conveniences for each sex in accordance with the table below; and
No. of sites	No. of water closets and pans for females	No. of water closets and pans for males	Length of urinals for males
Up to 40	1 for every 12 sites of part thereof	1 for every 15 sites or part thereof	0.6m
Above 40	An additional 1 for every 20 sites or part thereof	An additional 1 for every 20 sites or part thereof	0.6m for every 40 sites or part thereof
Sanitary facilities must be located generally in the locations shown on the approved plan and at least 6 metres from any camp site.
Where 10 or more water closet fixtures are provided, ensure that at least 1 such closet fixture and its compartment or cubicle is constructed, equipped and provided with access in accordance with AS1428, Code of Practice for Design Rules for Access by the disabled; and
Ensure all sanitary conveniences are constructed to ensure privacy to the satisfaction of an authorized person; and
Ensure shower facilities are installed:
With separate drainage points for the discharge of water into the drainage system; and
In a separate compartment or cubicle which is constructed to ensure privacy to the satisfaction of an authorized person; and
Provide for suitable laundry facilities including laundry tubs, washing machines and clothes lines in a centrally located area; and
Provide sewage or a drainage system in conformity with the requirements of the local government for the carrying off and disposal of all wastes from every water closet fixture, urinal, ablutionary facility, laundry facility and site; and
Provide waste water disposal points throughout the site which are:
Provided with a water stand pipe; and
Provided with an impervious paved area measuring not less than 1m x 1m and graded to a central drainage inlet which is connected to sewage or drainage system.
Retention of Existing Trees
Existing trees on the site and in the road reserve must be assessed by a qualified arborist and retained and protected where possible. Where mature trees are to be removed, reasonable grounds must be given by the qualified arborist. Any tree removed must be replaced with a similar suitable tree species in a similar location, where practicable.
In order to protect existing vegetation and natural habitat values, waste water must not be disposed of on-site and must be collected and appropriately treated or disposed of off-site.
Pest plant species, including “Undesirable species” as listed in Planning Scheme Policy 3 Landscaping Plants and Guidelines and Noosa Council’s Pest Management Plan as amended from time to time, must be controlled on site.
Bushfire and Natural Hazards
The development must be carried out in accordance with section 6 of the Bushfire Risk Assessment and Bushfire Risk Management Plan for the Noosa North Shore Beach Campground Upgrade Revision 1 March 2017 prepared by Ecological Natural Area Management.
A copy of the Bushfire Risk Assessment and Bushfire Risk Management Plan for the Noosa North Shore Beach Campground Upgrade Revision 1 March 2017 prepared by Ecological Natural Area Management must be provided to the nearest fire authority.
The development must be carried out in accordance with the Bushfire Risk Assessment and Bushfire Risk Management Plan for the Noosa North Shore Beach Campground Upgrade Revision 1 March 2017 prepared by Ecological Natural Area Management.
Vegetation Management
Works within Protected Land
The following works must be undertaken within the land generally located east of the site and to the north of the site to remedy historic camping encroachment on the dune system.
Restoration of the cleared areas of the dune system to a natural state similar to dune vegetation structure found at immediately north of the Third Cutting.
Restoration works must occur between the latitudes of -26.3307 and -26.3357.
The establishment of restoration works must commence within 12 months from date this development permit takes effect.
Restoration establishment works must be successfully completed within 36 months from date this development permit takes effect.
The restoration works must be maintained in good order for the life of the development.
Public access from the camp ground, through the esplanade, to the beach must be controlled to prevent disturbance to the restoration area.
Fencing to Protected Land
A permanent fence must be constructed along the entire length of the eastern interface of the site. The fence must be constructed to protect the esplanade from public access generally in accordance with the alignment on the approved plan and include:
Controlled beach access points;
Signage promoting the restoration works.

REPORT
PROPOSAL
This application seeks to formalise use of the area of historic encroachment to the south of Lot 32 for the purpose of a campground. Lot 32 has existing use rights for the campground whereas the area of encroachment does not. The tenure arrangements for the encroachment area are currently being formalised. The following image clarifies the delineation between Lot 32 and the encroachment area to the south of the site:

Area of encroachment
Area of encroachment
LOT 32
LOT 32
Figure 1: Lot 32 and the area of encroachment to the south of the site
The application includes advice that the applicant also intends to rehabilitate, revegetate and upgrade the entire campground with works to include:
Weed removal.
Removal of camping from sensitive esplanade and dune area.
Rehabilitation and replanting of encroachments to the north and east.
Full fencing and rehabilitation of the dune area (Esplanade), including a multitude of informal beach access tracks and campground encroachment.
Formalisation/consolidation of a small number of beach access tracks/boardwalks.
Revegetation across the campground site to create individual, defined “bush camping” style sites.
New effluent and wastewater system to cease on-site treatment. Holding tanks will be used and waste will be carted for treatment at a Unitywater treatment plant.
Minimised disturbance/removal of existing native vegetation.
The existing entrance to the site will be maintained and improved with a new kiosk and reception area proposed.
The area of the extension will be used for camping purposes with grassed sites and road access however no further amenities will be provided on this portion of the site.
The proposed works remain within the existing approved 200 camping sites limit.
Attachment 1 provides concept plans of the proposed upgrade.
site details
Background
In 1986, Noosa Council approved a rezoning of the site to the Special Facilities (Campground) zone to permit camping from the site. A lease was subsequently entered into with the State allowing for a campground of up to 200 sites and associated facilities.
In April 2006, Council resolved to:
Adjust the boundary of the Noosa North Shore Beach Campground to the south involving revocation of part of Lot 1010 NPWS 686.
Dedicate the road reserve over the existing formation of the Wilderness Track through Lot 1010 NPW 686 (Regional Park - Great Sandy Resource Reserve), requiring excision from National Park.
Transfer the balance area west of the road dedication to National Park (very small piece of land that would be alienated as part of the road dedication).
In December 2015, Council resolved to engage a multi-disciplinary team to assess options and develop a master plan for the upgrade of the campground.
The Department of Environment and Heritage Protection (DEHP) are currently progressing the excision of the southern portion of the site from National Park.
Separate to this application, Council has lodged survey plans with the State which detail, the creation of road to the west of the site (including the carparking area in front of the main access) and inclusion of the area to the south of the existing boundary.
Site Description
The report submitted with the application provides the following description of the site:
The land, the subject of this application (to be known as the site), is located at 240 Wilderness Track, Noosa North Shore and described as Lot 32 on MCH4399 and Part of Lot 1010 on NPW686.
Lot 32 contains an approved existing campground known as the Noosa North Shore Beachfront Campground and is of an irregular shape with direct frontage to the unmade gazetted road called the Esplanade which forms the eastern boundary of the site. Lot 32 is bounded to the north, west and south by the Great Sandy Resources Reserve. The existing campground is approved for up to 200 sites which comprise informal grassed and wooded camp sites which are located within the existing vegetation and are accessed by sand and gravel tracks that wind through the vegetation. The south-eastern corner of this lot site is relatively open with grassed camping extending into the road and adjoining lot.
The Noosa North Shore Beachfront Campground also provides an entry kiosk and office, manager’s residence and central amenities block with septic tanks and shed to the centre front of the site. Car parking facilities for 21 cars and 3 trailers are provided to the front of these facilities. This lot is well vegetated with a mixture of native vegetation and some cleared camping sites.
The existing campground has extended beyond the boundaries of Lot 32 into the Esplanade to the west and southwards into Lot 1010 which is the Great Sandy Resources Reserve. The northern corner of this portion of the site has been cleared through camping activities with a loop road extending from the approved campground to this portion of the site.
The site currently gains access off a sealed access track that extends through the Great Sandy Resources Reserve and connects to Beach Road to the south which is a gazetted road.
Documentation and aerial photography provided with the application indicates that the campground has been operating beyond the approved boundaries since the 1980’s.
The following images detail the locality plan.
Subject site
Subject site
Figure 2: Subject site
Encroachment areas
Encroachment areas
Subject site
Subject site
Figure 3: Subject site including areas of encroachment

Separate zoning applies to the existing campground and the Great Sandy Reserve. The following image details the relevant land zoning.

Open Space Conservation
Open Space Conservation
Open Space Recreation
Open Space Recreation
Figure 4: Applicable land zoning

Campground area
Campground area
Area of remediation
Area of remediation
Figure 5: Summary of proposal
Surrounding Land Uses
North	National Park - Great Sandy Resources Reserve
South	National Park - Great Sandy Resources Reserve – further south of the National Park is freehold land
East	National Park - Great Sandy Resources Reserve
West	Foreshore
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
State Planning Policies
The following State Planning Policies are applicable to this application:
Biodiversity
Coastal Environment
Water Quality
Natural Hazards Risk and Resilience

Biodiversity
The application does not propose to remove vegetation whilst remediation works will reinstate areas which have been impacted by the encroachment of the campground on to foreshore land. Existing camping areas and the new camping areas to the south are to be located within existing cleared areas.
Coastal Environment
Previous encroachment within the Crown foreshore land has resulted in a deterioration of environmental values. The rectification of the use area will stop the use of the foreshore land. Furthermore the foreshore land is to be fenced to allow for defined beach access areas.
The proposal requires assessment against the State Assessment Development Provision Module 10 – Coastal Protection. The applicant has provided an assessment against this module. It is considered that the applicant’s assessment satisfactorily addresses the relevant performance outcomes of this module. Of note is that the development does not propose any habitable structures, is located outside of medium and high storm inundation areas and involves the removal of campsites within the frontal dunes.
Water Quality
Not triggered.
Natural hazards Risk and Resilience
The majority of the site is mapped as being affected by the Potential Impact Buffer. The applicant has provided a Bushfire Risk Assessment and Bushfire Risk Management Plan which has been reviewed by an Environmental Officer who advises:
The applicant has provided a bushfire management plan and disaster management plan which adequately identifies and addresses the natural hazards associated with the use of the site. The development can be conditioned to comply with these plans.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Regional Landscape and Rural Production Area (RLRPA) of the SEQ Regional Plan. The RLRPA identifies land with regional landscape, rural production or other non-urban values. It protects this land from inappropriate development, particularly urban or rural residential development.
The RLRPA includes land with one or more of the following values:
significant biodiversity
regional ecosystems that are endangered or of concern
national parks, conservation parks, resources reserves or other conservation areas
koala habitat
good quality agricultural land and other productive rural areas
cultural and landscape heritage values (traditional and non-indigenous)
natural economic resources, including extractive resources and forestry plantations
water catchments, water storages and groundwater resources
native forests
coastal wetlands
land that forms strategic and regionally significant inter-urban breaks
The designation maintains existing land use rights which ensure that activities such as tourism and outdoor recreation can continue. The campground site has existing use rights for 200 camp sites and it is considered that the expansion of the campground into the southern lot will not compromise the above values as the proposal will not impact on the management of natural assets and no vegetation is proposed to be removed.
The application has been reviewed by Council’s Environment Officer who has made the following observations:
Vegetation within the site
No new clearing of the site is proposed with the proposed camp sites being located within and under the existing canopy. It is anticipated on-going vegetation management will be required associated with site maintenance.
Restoration of esplanade and previously disturbed areas subject to historic camping encroachment
The applicant has proposed to restore areas where historic camping encroachment has occurred on the esplanade and National Park land. Suitable conditions can be applied to rectify the encroachments and restore the dune system, which will provide added resilience to storm surge impacts.
Lawful disposal of waste waters
A recent site visit noted the discharge of grey water into the dune system. These areas are highly sensitive to changes in nutrient status. Increases in phosphates and nitrates in this low nutrient system will cause damage to the ground water and associated vegetation community. Regulation of waste water discharge will reduce vegetation management requirements and groundwater pollution.
State Planning Regulatory Provisions
The SEQ Regional Plan Regulatory Provisions do not apply to the application as Lot 32 is considered urban property in the context of the SEQ Regional Plan and approximately 20 camp sites will be located on the existing National Park. Therefore it is considered that the 300 person threshold will not be exceeded.
Statutory Instruments – Planning Scheme
The subject site is located in the Noosa North Shore Locality and is zoned Open Space Recreation and Open Space Conservation. The proposed use is identified as a consistent use within the zone and is required to follow an impact assessable application process.
Locality Provisions
Noosa North Shore Locality Code
A number of overall outcomes of the Noosa North Shore Locality Code are applicable to this application, specifically:
10.7.2 	The overall outcomes sought for the Noosa North Shore Locality are the following—
New uses and works are located, designed and managed to—
be compatible with other uses and works;
maintain the safety of people and works;
avoid significant adverse impacts on the amenity enjoyed by users of other premises, including acoustic and visual qualities; and
avoid significant adverse effects on the natural environment, including native habitat removal, fragmentation and attrition;
The Noosa North Shore Locality retains its primary role as a substantial coastal area largely dedicated to conservation;
Development is secondary to and dominated by its open space setting with a very low intensity and scale of operation;
Limited visitor accommodation and services are provided in the locality, confined to the Visitor Mixed Use Zone, and the wilderness camp in the Open Space Recreation Zone;
The locality maintains its substantially natural state, with little effect from development;
It is considered that the proposal complies with these outcomes as:
The proposed works and extension to the campground area are consistent with the existing approved use on Lot 32;
Site amenity and safety is improved with facilities upgrades;
The re-vegetating of the foreshore area improves the natural environment;
The proposal will not detract from the Noosa North Shore primary role as a substantial coastal area largely dedicated to conservation;
The proposed campground is open space and of low scale within existing cleared areas and generally surrounded by vegetation; and
Whilst the campground is to extend into the Open Space Conservation Zone it is noted that this extension has the support of the Department of Environment and Heritage Protection (DEHP) and that as part of a separate process land is to be transferred to National Park west of the road dedication.
The Noosa North Shore Locality Code also seeks the following outcomes in respect to the site:
For the Open Space Recreation Zone—areas of open space contribute to the desired lifestyle of residents by offering a variety of recreational experiences conducive to community interaction and wellbeing;
For the Open Space Conservation Zone—natural environmental values of the highest order and warranting conservation status are—
protected for their importance in contributing to ecological sustainability including maintenance of water quality, beach protection, and provision of habitat and open space linkages; and

appropriately managed to the general exclusion of development or any further subdivision of freehold lots.
The proposal provides for a recreational experience consistent with how the land is currently enjoyed by the community.
The proposal formalises the existing land use within the Open Space Conservation Zone resulting from the encroachment into this area. The amount of sites remains at 200 which is consistent with the original lease with the State. The proposal also rectifies encroachment which has occurred in the foreshore area and remediates the environmental values within this area.
The proposal complies with the Specific Outcomes and Probable Solutions of the Noosa North Shore Locality Code, the Open Space Recreation Zone and the Open Space Conservation Zone.
The following items are also of note:
Specific Outcome O44 and Probable Solution for the Open Space Recreation Zone
O44 The scale and intensity of development on Lot 32 on MCH4399 is not increased.
S44.1 For Lot 32 on MCH4399 there is no intensification or expansion of population density, building height, site cover, gross floor area or plot ratio of the development in existence at the time of gazettal of this Plan.
The proposal complies with this provision as the lease with the State provides for 200 camp sites and the number of camp sites is not being increased. The proposed new structures provide for the amenity of the occupants of the campground and are of a reasonable form and scale.
Specific Outcomes 48, 49 and 50 for the Open Space Conservation Zone
O48 Public lands are dedicated to conservation outcomes; AND
O49 Public lands are used for passive recreation with facilities limited to sand tracks for access; AND
O50 Private lands are retained in their natural state.
Noosa Council is currently working with the State Government to rectify land tenure arrangements on the Noosa North Shore.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Community Uses Code
Engineering Works Code
Landscaping Code
The application has been assessed against each of the above applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Probable Solution S28.1 of the Community Uses Code requires that for campgrounds outside of urban settlements:
i) the site density does not exceed 20 camp sites per hectare
ii) the maximum number of camp sites on any site does not exceed 100; and
Whilst the facility does not comply with this probable outcome it is noted that the existing facility has a lease for 200 campsites. The proposal maintains the 200 campsites, is accommodated within the natural landscape and will not detract from the rural or environmental character of the area.
Overlay Provisions
The following overlay codes are applicable to this application:
Biodiversity Overlay – Environmental Protection
Natural  Hazard – Bushfire and Acid Sulphate Soils
Whilst the Biodiversity Overlay applies to the site there is no assessment required against this provision as the proposal does not seek to remove vegetation. Campsites are to be located within existing cleared areas.
As the proposal only involves minor earthworks the development does not trigger assessment against the Acid Sulphate Soil provision of the Natural Hazard Code.
The proposal does require assessment against the Natural Hazard Bushfire Overlay. A Bushfire Risk Assessment and Bushfire Risk Management Plan were submitted with the application. This report has been reviewed by Council’s Environment Officer who has provided conditions to ensure compliance with these plans.
cONSULTATION
IDAS Referral Agencies
The application was not required to be referred to any IDAS Referral Agencies.
Other Referrals
The application was forwarded to the following internal Council specialists:
Environmental Officer
Environmental Health
Climate Change Adaptation - Strategic Land Use Planning Branch
Their comments form part of the consideration of this application.
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. Two properly made submissions were received. The following table provides a summary and assessment of the issues raised by submitters.
Issues	Comments
Request for a day use area for picnics Preference for current level of service which is basic and occupants need to be self-sufficient.	It is noted that day use facilities/activities are available between the 1st and 3rd cutting in an area that is accessible for two-wheel drive vehicles. Furthermore it is reasonable for the campground to provide facilities only for users of the campground. Provision of public facilities within the campground may cause conflict with other users of the park and result in excessive demand on facilities. The level of service is not changing – visitors to the park will still need to be self-sufficient
conclusion
The proposed Community Use - Open Space Type 2 (Campground) in the Open Space Conservation zone is a consistent use within the zone and does not raise any significant planning concerns. The land to the south of the existing campground is owned by the Queensland Parks and Wildlife Service who have consented to the making of the application. The application seeks to formalise a historic encroachment into this area with camp sites to be located in degraded areas. Therefore no vegetation is proposed to be removed and the environmental values of the remainder of the site and the surrounding areas will be maintained or improved.
The application has demonstrated compliance with the relevant provisions of the Noosa Plan and will allow for the continuing use of the site for the purpose of recreational camping within the natural setting. The continuing use will comply with the number of sites approved under the lease and is considered to be consistent with provisions of the Noosa Plan.
Departments/Sections Consulted:
	Chief Executive Officer	x	Community Services	x	Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws	x	Property
		x	Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service		Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture	x	Environmental Services		Disaster Management
		x	Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	8 AUGUST 2017