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Letter response to further issues - Noosa Council.pdf
Court Appeals & Dispute Resolution
Applications & Assessment
Due Diligence & Compliance
Project Management
General Development Advice
Tuesday, 14th February 2023
Our Ref: 16022
Council Ref: MCU21/0110
Chief Executive Officer
Noosa Council
PO Box 141
Tewantin, QLD 4565
By Email: [email protected]
Attention: Patrick Murphy, Acting Manager Planning
Dear Patrick,
Response to Further Issues Request - Proposed ‘Boutique Hotel’, Noosa Springs Golf and
Spa Resort, 61 Noosa Springs Drive, Noosa Heads, described as Lot 4 on SP178340
Reference is made to my email of 24 January 2023, advising that in response to the further
issues raised by Council the applicant will be making a “minor change” to the application.
The further issues were raised on 3 November 2022 and discussed at a subsequent meeting
onsite with consultants, about the impact the tennis courts would have on koala habitat within
the Core Koala Habitat Area, which would have resulted in the loss of 19 Non-Juvenile Koala
habitat Trees (NJKHTs). Further, concerns were raised about the loss of other vegetation within
the Area of Biodiversity Significance under the Biodiversity Overlay Mapping.
Pursuant to section 26.1 of the Development Assessment Rules the change being made is in
response to the request for further information. It is also noted Council has agreed to extend
the decision making period until 16 March 2023. A new set of the proposal plans, including
the change is provided as Attachment 1.
The changes being made to the proposed development include the following:
• All four tennis courts have been relocated above the upper car parking levels as shown
on the amended Site Plan (refer Figure 1 - Drawing No. DA1.00). This change includes
the relocation of the tennis pavilion centrally located within the tennis courts
themselves. The tennis courts are elevated to provide additional covered car parking
beneath as shown on the Tennis Courts plan (Drawing No. DA2.04).
Adamson Town Planning Pty Ltd
(ACN: 163 798 374 | ABN: 73 163 798 374)
M| 0437 754 420 Mail: PO Box 894, Cooroy QLD 4563
‘Noosa Boardroom’, 28 Eenie Creek Road, Noosaville QLD 4566
Email| [email protected] Web| www.adamsontownplanning.com.au
[OCR of page images]
Court Appeals & Dispute Resolution
Applications & Assessment
A a i i ] S oO ri Due Diligence & Compliance
Project Management
TY Pp TOW Nn P | a Nn Nn i n g General Development Advice
SPECIALIST SERVICES, PRACTICAL SOLUTIONS
Tuesday, 14‘ February 2023
Our Ref: 16022
Council Ref: MCU21/0110
Chief Executive Officer
Noosa Council
PO Box 141
Tewantin, QLD 4565
By Email: patrick [email protected]
Attention: Patrick Murphy, Acting Manager Planning
Dear Patrick,
Response to Further Issues Request - Proposed ‘Boutique Hotel’, Noosa Springs Golf and
Spa Resort, 61 Noosa Springs Drive, Noosa Heads, described as Lot 4 on SP178340
Reference is made to my email of 24 January 2023, advising that in response to the further
issues raised by Council the applicant will be making a “minor change” to the application.
The further issues were raised on 3 November 2022 and discussed at a subsequent meeting
onsite with consultants, about the impact the tennis courts would have on koala habitat within
the Core Koala Habitat Area, which would have resulted in the loss of 19 Non-Juvenile Koala
habitat Trees (NJKHTs). Further, concerns were raised about the loss of other vegetation within
the Area of Biodiversity Significance under the Biodiversity Overlay Mapping.
Pursuant to section 26.1 of the Development Assessment Rules the change being made is in
response to the request for further information. It is also noted Council has agreed to extend
the decision making period until 16 March 2023. A new set of the proposal plans, including
the change is provided as Attachment 1.
The changes being made to the proposed development include the following:
e All four tennis courts have been relocated above the upper car parking levels as shown
on the amended Site Plan (refer Figure 1 - Drawing No. DA1.00). This change includes
the relocation of the tennis pavilion centrally located within the tennis courts
themselves. The tennis courts are elevated to provide additional covered car parking
beneath as shown on the Tennis Courts plan (Drawing No. DA2.04).
Adamson Town Planning Pty Ltd
(ACN: 163 798 374 | ABN: 73 163 798 374)
M| 0437 754 420 Mail: PO Box 894, Cooroy QLD 4563
‘Noosa Boardroom’, 28 Eenie Creek Road, Noosaville QLD 4566
Email] [email protected] Web| www.adamsontownplanning.com.au
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Page 2
“Adamson Town Planning, specialising in providing higher order town planning
advice”
Figure 1 – Extract of Site Plan
• The proposed height of the tennis courts, including the fencing remains below the 8m
height requirement with the structure stepping down the slope consistent with the
carparking levels. The lighting for the tennis courts will exceed the 8 metre height
requirement, which cannot be avoided. The lights will be hooded as is normally the
case to reduce their impact off the site, with no light spillage adversely impacting other
properties.
• The tennis courts are well removed from the road frontage in Resort Drive, this being
about 15.6m at the closet point and will mostly be screened by existing vegetation.
While the tennis courts now adjoin the western boundary of Resort Drive at the entry
to the Resort, this reduced setback will have no impact on the existing road reserve,
given this part of the road reserve provides access to the subject land. It is not expected
the proposed tennis courts will have an adverse impact on the streetscape. Further, the
tennis courts are well removed and screened from nearby residential properties.
• The tennis courts being an elevated structure will increase the amount of site cover by
approximately 6.59% with the total site cover for the development as a whole being
less than 25%, which is relatively low.
• There is also a minor increase in parking with one additional standard carpark and one
additional PWD carpark being provided. The number of undercover carparks has also
increased from 107 to 188 because of the relocation of the tennis courts and the solar
panels (discussed below).
• There is also a minor increase in GFA at the Entry Link Level and Basement level, which
relates to the relocated Tennis Pavilion (refer Planning Data – Drawing No. DA0.02);
and
• The relocation of the tennis courts has meant the solar panels previously provided in
this location have been shifted to above the decked carpark near the western boundary
(refer Figure 1). The proposed solar panels will form a light weight roof over the
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16022 – Noosa Springs “Boutique Hotel”
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A
Adamson
Town Planning
“Adamson Town Planning, specialising in providing higher order town planning
advice”
Figure 1 — Extract of Site Plan
e The proposed height of the tennis courts, including the fencing remains below the 8m
height requirement with the structure stepping down the slope consistent with the
carparking levels. The lighting for the tennis courts will exceed the 8 metre height
requirement, which cannot be avoided. The lights will be hooded as is normally the
case to reduce their impact off the site, with no light spillage adversely impacting other
properties.
e The tennis courts are well removed from the road frontage in Resort Drive, this being
about 15.6m at the closet point and will mostly be screened by existing vegetation.
While the tennis courts now adjoin the western boundary of Resort Drive at the entry
to the Resort, this reduced setback will have no impact on the existing road reserve,
given this part of the road reserve provides access to the subject land. It is not expected
the proposed tennis courts will have an adverse impact on the streetscape. Further, the
tennis courts are well removed and screened from nearby residential properties.
e The tennis courts being an elevated structure will increase the amount of site cover by
approximately 6.59% with the total site cover for the development as a whole being
less than 25%, which is relatively low.
e There is also a minor increase in parking with one additional standard carpark and one
additional PWD carpark being provided. The number of undercover carparks has also
increased from 107 to 188 because of the relocation of the tennis courts and the solar
panels (discussed below).
e There is also a minor increase in GFA at the Entry Link Level and Basement level, which
relates to the relocated Tennis Pavilion (refer Planning Data — Drawing No. DAO.02);
and
e The relocation of the tennis courts has meant the solar panels previously provided in
this location have been shifted to above the decked carpark near the western boundary
(refer Figure 1). The proposed solar panels will form a light weight roof over the
2|Page
16022 — Noosa Springs "Boutique Hotel”
Page 3
“Adamson Town Planning, specialising in providing higher order town planning
advice”
carparks on the upper deck level but only over the carparks themselves (refer Carpark
Elevations & Sections – Drawing No. DA2.03). It is noted the deck carpark is over the
existing lower level carpark, which is situated well below the level of the entry driveway
into the site. The combined structure is well below the 8m height requirement. Despite
being located close to the western boundary, this additional structure will not have an
adverse impact on adjoining properties, given the golf course land (Lot 3 on SP175340)
forms part of the Noosa Springs Golf and Spa Resort. Further, will be screened by
vegetation in this location and generally not visible off the site.
With respect to other changes being made, the applicant is intending to make use of the area
of the site which originally contained the tennis courts, given the NJKHTs are being retained.
This area is to be used for passive recreation as shown in the amended Landscape Concept
Plan refer Figure 2 (Attachment 2).
Figure 2 – Extract of Landscape Concept Plan
The use of this part of the subject land will include the following:
• All weather bush pathway meandering through the trees to be retained.
• Provision of small timber decks/platforms with seating amongst the existing
vegetation.
• Art work in various locations within a vegetated setting.
• Interpretive signage provided for various plants and trees; and
• Small cabanas beside the open lawn areas within existing cleared areas.
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16022 – Noosa Springs “Boutique Hotel”
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&
Adamson
Town Planning
“Adamson Town Planning, specialising in providing higher order town planning
advice”
carparks on the upper deck level but only over the carparks themselves (refer Carpark
Elevations & Sections —- Drawing No. DA2.03). It is noted the deck carpark is over the
existing lower level carpark, which is situated well below the level of the entry driveway
into the site. The combined structure is well below the 8m height requirement. Despite
being located close to the western boundary, this additional structure will not have an
adverse impact on adjoining properties, given the golf course land (Lot 3 on SP175340)
forms part of the Noosa Springs Golf and Spa Resort. Further, will be screened by
vegetation in this location and generally not visible off the site.
With respect to other changes being made, the applicant is intending to make use of the area
of the site which originally contained the tennis courts, given the NJKHTs are being retained.
This area is to be used for passive recreation as shown in the amended Landscape Concept
Plan refer Figure 2 (Attachment 2).
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© sp 46 Tees pavilion
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Figure 2 — Extract of Landscape Concept Plan
The use of this part of the subject land will include the following:
e All weather bush pathway meandering through the trees to be retained.
e Provision of small timber decks/platforms with seating amongst the existing
vegetation.
e Art work in various locations within a vegetated setting.
e Interpretive signage provided for various plants and trees; and
e Small cabanas beside the open lawn areas within existing cleared areas.
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16022 — Noosa Springs “Boutique Hotel”
Page 4
“Adamson Town Planning, specialising in providing higher order town planning
advice”
Understorey management and landscaping is to be provided within this location. During the
onsite inspection, it was noted the understorey is currently infested by weeds, which is required
to be managed and does not provide ecological value. The additional understorey planting
will consist of species from the Closed Forest Areas list Table 8.3 - Secondary Character -
Small/Medium Shrubs, Vines and Groundcovers provided in the LCP for Zone 6 (refer
Attachment 2).
It is logical to make some use of this part of the site while maintaining the koala habitat. This
vegetated area will now be a feature of the resort with the pathways and other facilities being
integrated and linking to other usable open space areas and the lagoon pool.
The above are the only changes made to the proposal plans and constitute a minor change1.
In any event, the change is being made in response to further advice received from the Council.
Consistent with part 26.1 of the Development Assessment Rules the development assessment
process does not stop; however, the applicant is making representations to the State
Assessment Referral Agency (SARA) given the conditions of approval relate to the removal of
NJKHTs, which is now not occurring.
Ecological Advice
As requested, Gondwana Ecology has provided further advice about the loss of vegetation
within four nominated areas of the site, which includes the land within the designated Core
Koala Habitat Area (and MSES area) and also the areas designated an Area of Biodiversity
Significance under the Biodiversity Overlay (refer Attachment 3).
Dr Watson has confirmed the proposed development will result in the removal of 63 koala
habitat trees (refer summary table below), noting that none of these trees are within the Core
Koala Habitat Area to the north of the development, given the tennis courts have now been
relocated. The majority of these koala habitat trees (greater than 50%) are brushbox, which is
not necessarily a preferred koala habitat tree.
1
PA2016, Schedule 2
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16022 – Noosa Springs “Boutique Hotel”
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‘
“Adamson Town Planning, specialising in providing higher order town planning
advice”
Understorey management and landscaping is to be provided within this location. During the
onsite inspection, it was noted the understorey is currently infested by weeds, which is required
to be managed and does not provide ecological value. The additional understorey planting
will consist of species from the Closed Forest Areas list Table 8.3 - Secondary Character -
Small/Medium Shrubs, Vines and Groundcovers provided in the LCP for Zone 6 (refer
Attachment 2).
It is logical to make some use of this part of the site while maintaining the koala habitat. This
vegetated area will now be a feature of the resort with the pathways and other facilities being
integrated and linking to other usable open space areas and the lagoon pool.
The above are the only changes made to the proposal plans and constitute a minor change’.
In any event, the change is being made in response to further advice received from the Council.
Consistent with part 26.1 of the Development Assessment Rules the development assessment
process does not stop; however, the applicant is making representations to the State
Assessment Referral Agency (SARA) given the conditions of approval relate to the removal of
NJKHTs, which is now not occurring.
Ecological Advice
As requested, Gondwana Ecology has provided further advice about the loss of vegetation
within four nominated areas of the site, which includes the land within the designated Core
Koala Habitat Area (and MSES area) and also the areas designated an Area of Biodiversity
Significance under the Biodiversity Overlay (refer Attachment 3).
Dr Watson has confirmed the proposed development will result in the removal of 63 koala
habitat trees (refer summary table below), noting that none of these trees are within the Core
Koala Habitat Area to the north of the development, given the tennis courts have now been
relocated. The majority of these koala habitat trees (greater than 50%) are brushbox, which is
not necessarily a preferred koala habitat tree.
TREE RETAIN REMOVE
Brushbox 113 51*
Gum 11 0
Cypress 62 38
Wattle 18 4
Bloodwood 29 12*
She-oak 19 7
Banksia 6 2
Note = 63 koala habitat trees removed
1 PA2016, Schedule 2
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16022 — Noosa Springs “Boutique Hotel”
Adamson
Town Planning
Page 5
“Adamson Town Planning, specialising in providing higher order town planning
advice”
It is also noted that 7 Sheoak trees are to be removed with 3 of these trees having cones. While
some of the trees have cones, Gondwana Ecology has confirmed there is no evidence of the
site being used as a cockatoo feed tree.
Gondwana Ecology has recommended that offset planting occur with 120 koala habitat trees
(ratio of approximately 2:1) and 25 Sheoaks (ratio of more than 3:1) to be provided in two
areas within the golf course to close gaps between existing koala habitats. The golf course and
the planting areas are adjacent to conservation land, this being a further benefit to planting
and enhancing the area. Other ecological enhancement measures have also been
recommended.
Given the NJKHT’s are now not being removed from within the Core Koala Habitat Area, there
is no requirement for a financial environmental offset to be provided. Accordingly,
representations will be made to SARA about changing the referral agency’s conditions of
approval.
It is also noted that under the state mapping, this area is regulated vegetation, which is now
being protected. Consequently, it is likely SARA will not have any concerns with the proposed
development and the majority of the conditions will either be amended or deleted.
Bushfire Advice
With respect to the risk from bushfire, the applicant has obtained further advice from Rob
Friend and Associates about the proposed change, in terms of the retention of koala habitat
trees to the north of the proposed resort. The further advice provided by Rob Friend and
Associates is provided as Attachment 4A with an amended Bushfire Hazard Assessment &
Mitigation Plan also provided as Attachment 4B.
In essence, Mr Friend has confirmed the retention of koala habitat trees to the north of the
proposed resort can be maintained in a low fuel state and will not present a bushfire risk. It is
noted that understorey management of the area is required, which is consistent with making
passive recreational use of this part of the site. This will include the provision of a few low level
timber decks with seating, a pathway, a small number of cabanas beside the open lawn areas,
with landscaping comprising suitable species as shown in the Landscape Concept Package.
Summary
The proposed minor change has been made in response to further issues raised by Council
about the impact the proposal will have on koala habitat trees and other vegetation. This has
resulted in the relocation of all tennis courts above the upper carpark levels. This change
provides for the retention of the 19 NJKHTs previously sought to be removed. Further, will
allow for the passive reactional use of this area by quests, with limited infrastructure being
provided.
5|Page
16022 – Noosa Springs “Boutique Hotel”
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|
“Adamson Town Planning, specialising in providing higher order town planning
Adamson
advice
Town Planning
It is also noted that 7 Sheoak trees are to be removed with 3 of these trees having cones. While
some of the trees have cones, Gondwana Ecology has confirmed there is no evidence of the
site being used as a cockatoo feed tree.
Gondwana Ecology has recommended that offset planting occur with 120 koala habitat trees
(ratio of approximately 2:1) and 25 Sheoaks (ratio of more than 3:1) to be provided in two
areas within the golf course to close gaps between existing koala habitats. The golf course and
the planting areas are adjacent to conservation land, this being a further benefit to planting
and enhancing the area. Other ecological enhancement measures have also been
recommended.
Given the NJKHT's are now not being removed from within the Core Koala Habitat Area, there
is no requirement for a financial environmental offset to be provided. Accordingly,
representations will be made to SARA about changing the referral agency's conditions of
approval.
It is also noted that under the state mapping, this area is regulated vegetation, which is now
being protected. Consequently, it is likely SARA will not have any concerns with the proposed
development and the majority of the conditions will either be amended or deleted.
Bushfire Advice
With respect to the risk from bushfire, the applicant has obtained further advice from Rob
Friend and Associates about the proposed change, in terms of the retention of koala habitat
trees to the north of the proposed resort. The further advice provided by Rob Friend and
Associates is provided as Attachment 4A with an amended Bushfire Hazard Assessment &
Mitigation Plan also provided as Attachment 4B.
In essence, Mr Friend has confirmed the retention of koala habitat trees to the north of the
proposed resort can be maintained in a low fuel state and will not present a bushfire risk. It is
noted that understorey management of the area is required, which is consistent with making
passive recreational use of this part of the site. This will include the provision of a few low level
timber decks with seating, a pathway, a small number of cabanas beside the open lawn areas,
with landscaping comprising suitable species as shown in the Landscape Concept Package.
Summary
The proposed minor change has been made in response to further issues raised by Council
about the impact the proposal will have on koala habitat trees and other vegetation. This has
resulted in the relocation of all tennis courts above the upper carpark levels. This change
provides for the retention of the 19 NJKHTs previously sought to be removed. Further, will
allow for the passive reactional use of this area by quests, with limited infrastructure being
provided.
5|Page
16022 — Noosa Springs “Boutique Hotel”
Page 6
“Adamson Town Planning, specialising in providing higher order town planning
advice”
The relocation of the tennis courts will not result in any adverse impacts, with the courts being
well setback from Noosa Drive and mostly screened by existing vegetation. Further, requires
the relocation of the solar panels from this area to above the decked carpark near the western
boundary. It is not expected that these changes will cause any adverse amenity impacts.
While the development will result in the removal of other trees under the Biodiversity Overlay,
Gondwana Ecology has recommended offset planting within the golf course to close the gaps
to improve connectivity for koala movement. The planting of koala habitat trees in this area
will enhance the existing environment for koalas. A number of Sheoaks are also to be provided.
Further, Rob Friend and Associates has provided advice confirming the proposed change and
retention of koala habitat will not affect the risk of bushfire, with an updated Bushfire
Assessment & Mitigation Plan being provided. Previous advice from Rob Friend and Associates
has confirmed the offset planting within the golf course will not worsen the risk from bushfire.
The minor change addresses the retention of koala habitat in the Core Koala Habitat Area and
provides for offset planting for the removal of other vegetation from within the Biodiversity
Overlay.
It is requested the application not be decided until SARA has provided an amended referral
agency response about the change.
Please advise if you have any other concerns about the proposal.
Yours faithfully
Shane Adamson
Shane Adamson (BEngTech, GDURP, MPIA, MQELA)
Town Planning Specialist
Director - Adamson Town Planning Pty Ltd
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16022 – Noosa Springs “Boutique Hotel”
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“Adamson Town Planning, specialising in providing higher order town planning ?
Adamson
advice
Town Planning
The relocation of the tennis courts will not result in any adverse impacts, with the courts being
well setback from Noosa Drive and mostly screened by existing vegetation. Further, requires
the relocation of the solar panels from this area to above the decked carpark near the western
boundary. It is not expected that these changes will cause any adverse amenity impacts.
While the development will result in the removal of other trees under the Biodiversity Overlay,
Gondwana Ecology has recommended offset planting within the golf course to close the gaps
to improve connectivity for koala movement. The planting of koala habitat trees in this area
will enhance the existing environment for koalas. A number of Sheoaks are also to be provided.
Further, Rob Friend and Associates has provided advice confirming the proposed change and
retention of koala habitat will not affect the risk of bushfire, with an updated Bushfire
Assessment & Mitigation Plan being provided. Previous advice from Rob Friend and Associates
has confirmed the offset planting within the golf course will not worsen the risk from bushfire.
The minor change addresses the retention of koala habitat in the Core Koala Habitat Area and
provides for offset planting for the removal of other vegetation from within the Biodiversity
Overlay.
It is requested the application not be decided until SARA has provided an amended referral
agency response about the change.
Please advise if you have any other concerns about the proposal.
Yours faithfully
Shaue Aedamsou
Shane Adamson (BEngTech, GDURP, MPIA, MQELA)
Town Planning Specialist
Director - Adamson Town Planning Pty Ltd
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16022 — Noosa Springs “Boutique Hotel”