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2210-31715 SRA - Information request

Attached to the e-mail 132008.176.05 - SRA application correspondence - Information request - 3 & 7 Serenity Close, Noosa Heads.

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GE33-N




SARA reference:       2210-31715 SRA
Council reference:    132008.176.05



6 December 2022

 Calile Malouf Investments Pty Ltd
 C/- Project Urban
 PO Box 6380
 MAROOCHYDORE BC QLD 4558
 [email protected]


Attention:       Scott Sobey



Dear Scott


SARA information request - 3 & 7 Serenity Close, Noosa
Heads
(Given under section 12 of the Development Assessment Rules)

This notice has been issued because the State Assessment and Referral Agency (SARA) has identified
that information necessary to assess your application against the relevant provisions of the State
Development Assessment Provisions (SDAP) has not been provided.

 Public Passenger Transport
 1.      Issue:
         The General Arrangement Plan Level 01, prepared by Richards + Spence, dated 06/10/2022,
         drawing number SD-A-012-01-G_Level 01, revision U and Appendix C of the Traffic Engineering
         Report, prepared by TTM, dated 07/10/2022, reference number 22BRT022 RP01_1 make
         provision for the setdown of a single unit rigid bus of 14.5m in length on the rear driveway to the
         development in Serenity Close with vehicle turnaround in the Serenity Close cul-de-sac.

         It is acknowledged that to achieve vehicle turnaround, this arrangement may be required.
         However, insufficient information has been provided to demonstrate that the bus setdown facility
         is adequate, namely:
                On-street car parking is likely to inhibit bus turnaround in Serenity Close.
                The bus setdown facility will be partly in the road verge and partly on the site and thus
                  be reliant on part of the road reserve which may be required for road purposes. It is
                  unclear as to whether passengers can embark and disembark from the front and back
                  doors of a bus onto the development site.


                                                                         South East Queensland (North) regional
                                                                         office
                                                                         Mike Ahern Building, Level 3, 12 First
                                                                         Avenue, Maroochydore
 Page 1 of 7                                                             PO Box 1129, Maroochydore QLD 4558
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               The bus setdown facility appears to be located in a 'back of house' arrangement.
               The bus setdown facility does not have a clearly designated passenger waiting area and
                boarding point.
               To reach the reception of the resort complex it appears that passengers using a
                bus/coach would need to walk through the service vehicle loading dock and up stairs to
                level 02 or level 03 and then walk down a long passageway in a back of house style
                arrangement to reach the lobby and check-on lounge.

       Action:
       Provide revised proposal plans and supporting traffic engineering information to demonstrate
       compliance with performance outcome (PO)26 – PO31 of State code 6: Protection of State
       transport networks (State code 6) of the SDAP. In particular, the following should be addressed:
           a) Demonstrate how bus turnaround will be able to be achieved at all times, given on-street
              car parking is allowed in the Serenity Close cul-de-sac. Advice is provided that unbroken
              yellow no stopping line may need to be considered.
           b) Demonstrate that the bus setdown facility will be provided in a 'front of house' location
              with respect to the resort complex reception and check-in lounge. Whilst bus/coach
              turnaround will likely need to be achieved via Serenity Close with a bus zone parallel to
              the loading dock, the actual bus setdown arrangement for passengers should be
              convenient, accessible and legible with respect to the resort complex customer entry. An
              indented bus zone (parallel to kerb) and adjacent pathway arrangement along Serenity
              Close could be considered, for instance, near the retail entry. The applicant should also
              consider potential options for bus setdown via Grant Street if that is capable of
              accommodating the maximum design vehicle swept path.
                A perpendicular bus zone is generally not recommended for passenger loading although
                the constraints of bus turnaround are acknowledged. All passenger loading and
                unloading, including from the front and back doors of a bus where a perpendicular
                arrangement is proposed should be on the site. The applicant should consider providing
                a longer bus zone on the site by altering the building layout to accommodate this if they
                can demonstrate that the bus setdown facility can only be provided of the Serenity Close
                cul-de-sac.
                The applicant may also like to potentially consider providing a designated mini-bus
                parking space in the passenger loading zone on Level 03, noting that the swept path of
                the passenger loading area will need to cater for a taxi catering for people with
                disabilities.
           c) Demonstrate that the bus setdown facility will include a covered passenger waiting area
              with seats and a safe boarding and alighting point.
           d) Demonstrate that a safe, direct and convenient pedestrian pathway will be provided
              between the bus setdown facility (boarding point and waiting area) and the resort
              complex lobby which is DDA compliant. This should minimise vehicular/pedestrian
              conflict with service vehicle docking arrangements and any other vehicles on the
              Serenity Close driveway.

2.     Issue:
       The Traffic Engineering Report, prepared by TTM, DWA, dated 7/10/2022, report reference
       22BRT022 RP01_1, revision 2 alludes to providing a private ferry service from Settler's Cove
       Jetty to Noosa Woods (western side of Hastings Street) exclusively for guests of the resort
       complex.
       Action:



State Assessment and Referral Agency                                                           Page 2 of 7

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       Provide revised proposal plans and supporting traffic engineering information to demonstrate
       compliance with PO26 – PO31 of State code 6. In particular, the following should be addressed:
       a) Provide details of the proposed private ferry service and how this would be achieved. It is
          unclear as to whether the pathway from Serenity Close to the Settler's Cove ferry terminal is
          public or private.
       b) Provide details of how resort guests will be transferred to and from the ferry service and
          whether this will be via bus/mini-bus/coach or active transport. The pathway between
          Settler's Cove and Serenity Close is approximately 130m in length and there is an
          approximate 80m distance between the pathway and the proposed resort complex (back of
          house). It is likely passengers will need to be transported to the resort complex entry in
          Grant Street.

       c) Demonstrate that adequate capacity will be provided in the bus setdown facility or
          passenger loading zone to cater for any regular bus or mini-bus services for a private ferry
          shuttle and that provision will be made on site for bus lay-by parking where the buses/mini-
          buses are owned and operated by the resort. The passenger loading zone would need to
          be designed for the swept path of the maximum design vehicle likely to use it.

       d) Demonstrate that active transport infrastructure including safe, direct, convenient and
          inclusive pedestrian paths will be provided as part of the development and in the external
          road network to cater for any pedestrian and cyclist movements associated with the private
          ferry service.

State code 25: Development in South East Queensland koala habitat areas (State code 25)
3.     Issue:
       The application material has not provided a response against State code 25 or any information
       that can be used to address State code 25.

       Action:
       Provide a response to the latest version of State code 25 in its entirety, identifying how the
       proposed development meets each PO. The latest version of State code 25 is available at:
       https://planning.dsdmip.qld.gov.au/planning/better-development/the-development-assessment-
       process/the-states-role/state-development-assessment-provisions.
       For more information regarding how to demonstrate compliance with the relevant State codes,
       please see: http://www.dlgrma.qld.gov.au/resources/policy/sdap/v2/introductory-sections.pdf.
       Please refer to the Guideline: State code 25: Development in South East Queensland koala
       habitat areas (Guideline: State Development Assessment Provisions (des.qld.gov.au) in
       responding to State code 25. The guideline contains information on how to respond to particular
       PO and outlines specific information requirements. It should be noted that if the PO has no
       relevance to the proposed development a response of “not applicable” and a statement as to
       why it is not relevant is required.

4.     Issue:
       The application material mentions a previous development approval over the lot issued by
       Noosa Shire Council. The development approval and development plans were not provided with
       the application material.

       Action:
       Provide a copy of the development approvals and development plans that exist over the site.

5.     Issue:


State Assessment and Referral Agency                                                          Page 3 of 7

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       The application material has not provided an assessment of the koala habitat area on site. An
       arborists report was provided for the additional area of proposed clearing, however an ecological
       assessment report is required for the whole site.

       Action:
       To demonstrate compliance with State code 25, it is recommended a koala habitat values
       assessment, carried out by a suitably qualified ecologist, be undertaken to identify koala habitat
       areas, koala habitat and koala habitat values that exist on site. The results of this assessment
       should be provided with the application and should be used to guide the location, siting, design
       and phasing of the proposed development to demonstrate compliance with State code 25.
       The koala habitat values assessment should include a tree survey plan that identifies the
       location of all native trees on site along with:
            identification numbers that correspond to each tree
            GPS coordinates for each tree
            the species of each tree
            the height of each tree
            the circumference of each tree at 1.3m above the ground
            the tree protection zone of each tree
            special features that exist on each tree (e.g., hollows (including approximate size),
                nests, scratches, termitaria, etc.)
            what tree species utility it has been assigned by Appendix 4 of Spatial modelling for
                koalas in South East Queensland
            if a tree is a koala habitat tree, whether it is a non-juvenile koala habitat tree (NJKHT)
            whether each tree is inside or outside the mapped koala habitat area
            whether each tree is to be retained or removed (noting that trees which could be
                removed by exempted development created as a natural and ordinary consequence of
                the development being approved (e.g. firebreaks, fire management lines, access tracks,
                fences) are considered trees to be removed)
            identifies the number of non-juvenile koala habitat trees proposed to be removed
                located in mapped koala habitat areas.

6.     Issue:
       The application material has not discussed how the remaining mapped koala habitat on site will
       be protected in perpetuity. The application material should discuss legal security measures such
       as environmental covenants to protect the proposed eco zones.

       Action:
       Provide a report prepared by a suitably qualified ecologist that:
            identifies areas of existing mapped koala habitat on site and investigates mechanisms to
               protect these areas through a legal security mechanism such as an environmental
               covenant.
            provides a map or shape file of the location of the covenant area. Demonstrates
               alternative development options that have been considered to retain more mapped
               koala habitat (e.g. all covenant locations that were considered), taking into consideration
               the results of koala habitat value assessments.
            provides details of improvements to the identified covenant areas by removing weeds
               and planting koala food trees endemic to the site (based on the sites regional
               ecosystem).

7.     Issue:
       The application material does not demonstrate any mitigation of impacts to koala habitat.



State Assessment and Referral Agency                                                            Page 4 of 7

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                                                                                             2210-31715 SRA



       Action:
       It is advised that the applicant consider mitigation measures such as:
              retaining koala habitat area in locations that will allow koalas to use and move through
                 the site
              retaining koala habitat area which have been identified through an ecological survey as
                 being of higher use for koalas (e.g., retaining components of koala habitat areas with
                 more records or other signs of koala use (i.e., scats or tree scratching) or areas that
                 contain koala habitat trees preferred by koalas (e.g., blue gum))
              retaining particular koala habitat trees that koalas are using which have been identified
                 through an ecological survey and ensuring that koalas can move safely between the
                 koala habitat tree and other koala habitat areas
              improving degraded koala habitat areas that are to be retained on the site by removing
                 weeds and planting koala food trees endemic to the site (based on the sites regional
                 ecosystem(s))
              minimising impacts on retained habitat and koalas using the area by:
                o providing a buffer between development and any retained koala habitat, and/or
                o managing edge effects on retained koala habitat including:
                      changes in soil condition, such as nutrients and erosion
                      altered hydrological flow
                      the introduction or increase of weed and exotic plant species
                      disturbances to vegetation
                      a modified fire regime
                      the introduction of predators to koalas
                      increased light, noise or dust.

8.     Issue:
       The application material has not demonstrated how the design of the proposed development will
       not adversely impact the movement of koalas through the site.

       Action:
       Provide the following information, prepared by a suitably qualified ecologist:
            any actions that will be undertaken on land retained to avoid fragmenting koala habitat
               areas that will improve connectivity between koala habitat areas (e.g., removing
               barriers, revegetating with koala habitat trees, the density of plantings, the distance
               between planted trees, encouraging natural revegetation, incorporating principles of
               koala-sensitive design (described in the Koala-sensitive design guideline)).
            provides an assessment of the connectivity values and safe koala movement
               opportunities that would exist on the site post-development.
            identifies barriers to movement that will be proposed by the development (e.g.
               established roads, fences, and retaining walls, introduction of residential threats such as
               pools and dogs and areas without koala habitat trees that increase the time koalas
               would need to spend on the ground).
            outlines measures that will be undertaken to ensure koalas can move safely within and
               between highly connected patches of koala habitat area.
            provides justification for why the proposed measures are suitable for providing safe
               koala movement opportunities.
       For more information see the Koala-sensitive Design Guideline A guide to koala-sensitive design
       measures for planning and development activities Koala Sensitive Design Guideline


9.     Issue:
       The application material has not discussed matters of State environmental significance (MSES)


State Assessment and Referral Agency                                                             Page 5 of 7

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                                                                                              2210-31715 SRA



        that could occur on the site or potential impacts to MSES as a result of development of the site.
        An arborists report was provided for the additional area of proposed clearing, however an
        ecological assessment report is required for the whole developments impacts on MSES.

        Action:
        The applicant should provide a report prepared by an appropriately qualified ecologist that:
             identifies all MSES on site and provides a likelihood of occurrence list for these MSES
                based on the habitat values found on site.
             demonstrates how impacts to the identified MSES have been avoided to the greatest
                extent possible.
             where all or part of a MSES cannot be avoided, demonstrates how any impacts to
                MSES that cannot be avoided have been minimised and mitigated to the greatest extent
                possible (e.g., through alteration of proposed development configuration (multi-story
                instead of single-story buildings, smaller development footprint, planting on site, etc)).
             provides a significant residual impact assessment for any residual impact on each
                identified MSES (after all avoidance, minimisation and mitigation measures have been
                demonstrated) in accordance with:
                    o Chapter 2A of the Queensland Environmental Offsets Policy for koala habitat:
                         https://www.environment.des.qld.gov.au/__data/assets/pdf_file/0018/102834/off
                         sets-policyv1-8.pdf
                    o DSDMIP Significant Residual Impact Guideline provides for all other MSES:
                         (http://www.dlgrma.qld.gov.au/resources/guideline/planning/dsdip-significant-
                         residual-impact-guideline.pdf)
                    o quantifies the maximum extent of proposed significant residual impact to each
                         MSES both in area (ha) and on a plan.


How to respond
You have three months to respond to this request and the due date to SARA is 6 March 2023.

You may respond by providing either: (a) all of the information requested; (b) part of the information
requested; or (c) a notice that none of the information will be provided. Further guidance on responding to
an information request is provided in section 13 of the Development Assessment Rules (DA Rules).

It is recommended that you provide all the information requested above. If you decide not to provide all
the information requested, your application will be assessed and decided based on the information
provided to date.

You are requested to upload your response and complete the relevant tasks in MyDAS2.

As SARA is a referral agency for this application, a copy of this information request will be provided to the
assessment manager in accordance with section 12.4 of the DA Rules.




 State Assessment and Referral Agency                                                             Page 6 of 7

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                                                                                                                         2210-31715 SRA




If you require further information or have any questions about the above, please contact Danika Cowie,
Principal Planning Officer, on (07) 5352 9776 or via email [email protected] who will
be pleased to assist.

Yours sincerely




Paul Gleeson
Principal Planning Officer

cc        Noosa Shire Council, [email protected]

 Development details

 Description:                Development permit                    Material change of use for an other change for a resort complex and
                                                                   shop

 SARA role:                 Referral agency

 SARA trigger:              Planning Regulation 2017

                            Schedule 10, Part 9, Division 4, Subdivision 1, Table 1
                            State transport infrastructure generally

                            Schedule 10, Part 10, Division 3, Subdivision 3, Table 1
                            Development interfering with koala habitat area outside koala priority areas

 SARA reference:            2210-31715 SRA

 Assessment criteria:       State Development Assessment Provisions (version 3.0)
                                 o    State code 6: Protection of State transport networks
                                 o    State code 25: Development in South Est Queensland Koala habitat areas




 State Assessment and Referral Agency                                                                                         Page 7 of 7

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