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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 11 October 2016
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Joe Jurisevic (Chair), 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 11 OCTOBER 2016
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 ZERO EMISSIONS NOOSA™ - ORGANISATIONAL STRATEGY 3
2 DISCUSSION PAPER - NOOSA PLAN 28
3 132003.221194.01 - CHANGE AN EXISTING APPROVAL FOR A MULTIPLE
DWELLING OF 4 DWELLING UNITS SITUATED AT 215 GYMPIE TERRACE
NOOSAVILLE 34
4 MCU16/0088 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
FOR AN ENTERTAINMENT AND DINING BUSINESS TYPE 1 FOOD AND
BEVERAGES (RESTAURANT) AT 3/287 GYMPIE TERRACE, NOOSAVILLE 39
5 MCU16/0047 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF
USE FOR A LIFESTYLE & GARDEN CENTRE AT 37 GIBSON ROAD
NOOSAVILLE 49
6 PBA16/0016 PLANNING & ENVIRONMENT COURT APPEAL 111/2016 FOR A
DEVELOPMENT APPLICATION FOR BUILDING WORKS WITHIN COASTAL
PROTECTION AREA SITUATED AT 26 LORIKEET DRIVE, PEREGIAN BEACH 70
7 IMPACTS OF RECENT COURT OF APPEAL DECISIONS BRISBANE CITY
COUNCIL V GERHARDT & GERHARDT V QUEENSLAND BUILDING &
CONSTRUCTION COMMISSION 72
CLOSED SESSION 75
8 P&E COURT APPEAL D171/2015
FOR A MATERIAL CHANGE OF USE FOR CULTIVATION TYPE 2 - INTENSIVE
(GREENHOUSE) & RECONFIGURING A LOT (ACCESS EASEMENT) SITUATED
AT 271 & 305 LAKE MACDONALD DR, LAKE MACDONALD 75
Page 2 of 86
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 ZERO EMISSIONS NOOSA™ - ORGANISATIONAL STRATEGY
DOCUMENT INFORM AT ION
Author Executive Manager, Debra Iezzi
Executive Office
Index ECM/Subject/Emission Reduction Projects
Attachments 1. Zero Emissions Noosa™1 Organisational Strategy 2016-2026
EXECUTIVE SUMMARY
Not Applicable.
RECOMMENDATION
That Council note the report by the Executive Manager to the Planning & Environment
Committee Meeting dated 11 October 2016 on the outcomes of the organisation’s baseline
greenhouse emissions assessment and
A. Adopt the Zero Emissions Noosa™ Organisational Strategy 2016-2026 provided at
Attachment 1 to the Report; and
B. Note that work is proceeding on the development of a detailed Action Plan to implement
the Strategy.
BACKGROUND
In May, 2016 Council adopted the Noosa Council Emission Reduction Policy which commits
Council to a reduction in carbon and greenhouse emissions with a view to establishing a zero net
emissions target for Council’s operations and services. The policy aim is to drive greater
efficiency in Council’s use of natural resources by:
Investing in appropriate actions such as new technologies and options that focus on clean
energy.
Leading by example and inspiring change by demonstrating best practice options to the
community.
Measuring and monitoring to demonstrate progress towards achieving the stated objective
of achieving zero net emissions.
A strategy and action plan is required to support the policy intent. The first step before
developing a strategy and action plan to achieve zero net emissions is to define the boundaries
for the emissions inventory and calculate the baseline greenhouse emissions footprint in
accordance with the Greenhouse Gas Protocol.
REPORT
Establishment of greenhouse emissions footprint (baseline data)
Beyond Zero Emissions Inc. (BZE), a climate solutions think-tank, was engaged by Council to
undertake work to establish a greenhouse emissions (CO2e) baseline across Council activities –
buildings, waste, transport (fleet) and public lighting. The project involved a site audit, verification
1
Registration of trademark pending.
Page 3 of 86
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
of available data and a suggested organisational framework to embed zero emissions
governance into Council’s operations. They also provided some observations to feed into the
strategy and action plan development.
One of the most important and challenging decisions required in the development of a
greenhouse gas (GHG) emission inventory is to define the boundaries for the inventory i.e. what
is in and what is not. The approach taken has been to include emissions from all operations for
which Council has legislated responsibility and where it has the full authority to introduce and
implement operating policies.
The exception to this approach is public lighting. The current regulatory framework results in the
bulk of public lighting assets in Noosa Shire being owned and operated by Energex. This means
Council does not currently have authority to take direct action to reduce GHG emissions from
public lighting, although this may change in the future. While Council does not currently have
authority for public lighting, it has been included in the inventory as Council has regulatory
responsibility for the payment of energy consumption for this activity. It is expected that the
detailed Action Plan to support delivery of this Strategy will include an initiative to investigate
means by which public lighting can transition to more energy efficient lighting.
The inventory excluded:
Leased facilities (e.g. Sunrise Beach shops), but included those where there is a component
of the activity that generates emissions and that component is paid for by Council (e.g.
Bicentennial Hall, Doonella House, Noosa Transit Centre etc).
Emissions from staff commuting to and from work other than if utilising a Council provided
vehicle.
Business travel via air or rail.
Emissions in embedded goods and some contracted services.
BZE used their in-house methodology to assess the baseline emission value. Their advice is that
the methodology is consistent with the Greenhouse Gas (GHG) Protocol (World Resources
Institute) and National Greenhouse and Energy Reporting Scheme Measurement Technical
Guidelines.
The assessment indicates total emissions being 10,713 tonnes CO2e based on available data for
2015-16. Data for fuel utilised for waste collection services was excluded due to probity issues
with the new tender currently under evaluation. So the baseline figure will need to be adjusted
after the contract is awarded (post December 2016). The baseline figure will also need to be re-
calculated over time as data capture is improved (particularly for scope 3 emissions).
No estimate has been made of potential growth in emissions – e.g. for new or expanded
buildings or facilities; new public lighting through Council works or contributed assets, or
expansion of services that may include embedded emissions.
Table 1: Summary of Noosa Council’s GHG emissions by sector
Sector GHG Emissions (tonnes CO2e)
Energy
Buildings – electricity 2,799
Buildings – gas 32
Street lights 2,099
Liquid fuel (non-transport) 546
Transport 628
Waste 4609
TOTAL 10,713
Page 4 of 86
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Figure 1: Noosa Council's GHG emissions x sector
Buildings (electricty & gas)
26% Public lighting
43%
Liquid fuel (non-
transport)
Transport
20%
Waste
6% 5%
Key points from the audit are:
As expected the highest percentage (43%) of emissions comes from Waste activities and
specifically landfill operations due to methane gas emissions and fuels utilized for waste
collection services and complementary activities such as concrete crushing and mulching
green waste.
Council’s buildings and facilities are the next highest source of emissions at 26%. At least
a quarter of the energy consumption is due to heating and pumping pool water at the
Noosa Aquatic Centre, followed by the 3 Council owned Holiday Parks, the Tewantin
Administration building and surprisingly the Cooroy Library which had many energy
efficiency measures incorporated into its design. Further investigation is needed into the
causes of the higher than expected emissions from the Cooroy Library.
The third highest level of emissions is from public lighting at 20% (lighting of roads,
pathways, parks etc.)
The information provided by sectors is very useful for understanding the major contributors to
Council’s greenhouse emissions. It is also useful to look at the emissions in terms of the
requirements of International and Australian legislation. The GHG Protocol sets the global
standard for how to measure, manage and report on greenhouse emissions based on direct and
indirect emissions which are defined as follows:
Direct GHG emissions are emissions from sources that are owned or controlled by the
reporting entity.
Indirect GHG emissions are emissions that are a consequence of the activities of the
reporting entity, but occur at sources owned or controlled by another entity.
The GHG Protocol further categorises these direct and indirect emissions into three scopes.
Scope 1: All direct emissions from owned or controlled sources.
Scope 2: Indirect emissions from the consumption of purchased energy (e.g. electricity,
heat or steam).
Scope 3: Other indirect emissions (not included in scope 2) that are in embedded into
goods & services; contracted or leased activities.
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Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
The National Greenhouse and Energy Reporting Act 2007 (NGERA) & Regulations and the
National Greenhouse and Energy Reporting (Measurement) Determination 2008 establish the
legislative framework for a national greenhouse and energy reporting system. The legislation and
technical guidelines have been aligned with international standards so that there is a single
approach. Council’s method will be to align with existing standards to provide consistency and to
reduce risk in the event of legislative change.
The BZE report (corrected) indicates that Council’s emissions by scope are as follows:
Table 2: Summary of Noosa Council’s GHG emissions by scope
Scope and sector GHG Emissions (tonnes CO2e)
Scope 1
Waste (Landfill Operations) 4,609
Liquid-fuel (non-transport) 205
Transport 628
Scope 1 Total (5442)
Scope 2
Buildings – electricity 2,799
Buildings – gas 32
Street lights (council owned) 167
Scope 2 Total (2,998)
Scope 3
Out-sourced activities (goods & 341
services; contracted or leased
activities)
Street lights (non-council owned) 1932
Scope 3 Total (2273)
TOTAL 10,713
Figure 2: Noosa Council's GHG emissions x scope
Scope 1 - Direct Emissions
21%
Scope 2 - Purchased
Energy
51%
Scope 3 - Embedded
28%
Emissions (Goods &
Services)
The above graph demonstrates that the bulk of emissions come from scope 1 activities with
fugitive emissions from waste landfill being the highest source of emissions.
There are gaps in the data for scope 3 activities and there is a need to continually improve the
capture of this information.
Page 6 of 86
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Strategy Development
After establishing the baseline of Council’s greenhouse emissions footprint, the next step is to put
in place a Strategy to set out the principles and a decision making framework to guide actions to
achieve the zero net emissions target.
The proposed Strategy is provided as Attachment 1. The Strategy proposes eight (8) key actions
that set the parameters for delivery of the Strategy and development of the Action Plan. The
Strategy needs to be supported by a detailed action plan that will take time to fully develop. The
plan will establish capital funding needed to implement changes. The initial plan is proposed to
cover a 5 year period and ultimately the 10 year period of the Strategy. An internal Project
Control Group is being established to guide development of the plan which will be referred to
Council for endorsement.
Previous Council Consideration
Ordinary Meeting Minutes, 19 May 2016, Item 2, Page 10
That Council note the report by the Executive Manager to the Planning and Environment
Committee Meeting dated 10 May 2016 and the further report to the General Committee Meeting
dated 16 May 2016 and adopt the Emission Reduction Policy provided at Attachment 1 to the
General Committee Report.
Finance & Risk
Resourcing
Resourcing requirements to implement the Strategy will be identified and prioritised in the
development of the Action Plan. Where any additional resourcing above current levels is
identified, an outside of budget funding business case will be prepared and presented to the
Leadership Team for consideration.
Strategy Implementation
There will be financing implications to implement the strategy and detailed action plan. It is
intended that the Action Plan cover an initial 5 year period and ultimately the full 10 year period of
the Strategy. Identified projects contained in the Action Plan will ultimately feed into the annual
budget process and be subject to determination of priorities in context with other Council funding
needs.
The risk for Council in not doing anything is potential for:
1. Legislation change that will enforce a requirement for action.
2. Rising energy costs impacting on service delivery and Council’s cost base.
Consultation
External Consultation - Community & Stakeholder
The review of Noosa Council’s emissions undertaken by BZE informed the development of the
Zero Emissions Noosa Organisational Strategy 2016-2026.
Page 7 of 86
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Internal Consultation
The Mayor and CEO were consulted in the development of the Zero Emissions Noosa
Organisational Strategy 2016-2026. In addition, a small working group comprised of the
Corporate Services Director, Executive Officer and Executive Manager contributed to the
development of the Strategy.
Departments/Sections Consulted:
X Chief Executive Officer Community Services X Corporate Services
x 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
X Executive Office Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
Governance Infrastructure Planning & Design
Human Resources Planning & Environment
Sustainability Strategic Land Use Planning
Page 8 of 86
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Attachment 1
Page 9 of 86
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
ay c aa ¢
Attachment 1
Zero Emissions Noosa:
Organisational Strategy
2016 — 2026
a -
Page 9 of 86Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Page 10 of 86
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
The words Zero Emissions Noosa ™ are subject to trademark application by Noosa Council
© Noosa Council 2016
General Enquiries:
By telephone: (07) 5329 6500
By email:[Mail@noosa did gov aul
Fax: (07) 5329 6501
Street Address: 9 Pelican Street, TEWANTIN
Postal address: PO Box 141, TEWANTIN QLD 4565
Endorsed by Noosa Council [date to be inserted] or insert document date
Page 10 of 86Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Page 11 of 86
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Table of Contents
Zero Emissions Noosa™ — Organisational Strategy Page 1
Page 11 of 86Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Page 12 of 86
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
1. Executive summary
Noosa Council endeavours to be a positive example to the community by managing its resources
efficiently and sustainably. This Zero Emissions Noosa™ (ZEN) Organisational Strategy (the
Strategy) is a further commitment by Council to support the community’s aim for a sustainable
future and builds on previous work done by the organisation to reduce its emissions over the past
15 years.
While there is no legislative requirement for Council to have a plan to reduce greenhouse gas
(GHG) emissions as a response to climate change, Council wishes to continue to take the initiative
to be resource efficient. It is worth noting that many other local governments throughout Australia
have also chosen to take direct, local action.
Being a coastal locality, Noosa Shire is vulnerable to the predicted impacts of climate change in
relation to coastal inundation and sea level rise. There are many other potential impacts as well.
These include habitat loss, species extinctions, reduced water supply, more intense weather
events etc. It is in Council’s and the community’s interest to mitigate those impacts by reducing
Council's GHG emissions.
It also makes good financial sense to take action to reduce Council's direct reliance on fossil based
energy. With the cost of traditional energy sources steadily increasing, Council has a responsibility
to reduce its usage as far as practicable, to improve its energy efficiency and to become better
insulated against future price fluctuations.
The Strategy aims to achieve an ambitious zero net emissions target by 2026.
The process to achieve zero net emissions includes:
= Calculating emissions as best as possible;
= Reducing emissions wherever possible; and
= Offsetting any remaining emissions that cannot be reduced.
emission
reductions
mm _f
> + wh \ = ZERO
= ew” | EMISSIONS
=>
emissions remaining emissions offset projects
Figure 1: Extract from Australian Government Guide to Going Carbon Neutral
Zero Emissions Noosa™ — Organisational Strategy Page 2
Page 12 of 86Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
The purpose of the Strategy is to establish a decision-making framework to provide a cost-effective
way forward for the Council in achieving zero net emissions. It sets out some key actions and is
supported by a detailed Zero Emissions Noosa™ (ZEN) Organisational Action Plan (the Action
Plan) that will define, drive and prioritise abatement activities to achieve carbon neutrality.
The principles that underpin the Strategy are:
1. Leadership by Council with the support of the community.
2. Acceptance that we have a moral obligation to act.
3: Pursuit of multiple benefits.
4. Action that is prioritised by impact.
The plan provides for the following key actions:
KEY ACTION 1 Council will continue to improve its knowledge and data collection. It will
measure emissions using credible measurement tools.
KEY ACTION 2 GHG emissions will be measured annually. Progress towards the defined
zero net emissions target will be included in Council’s annual reporting.
KEY ACTION 3 The decision-making framework outlined in the Strategy will be used when
determining the appropriate approach to reduce emissions for a specific
activity.
KEY ACTION 4 A detailed Action Plan will be developed that will prioritise actions over an
initial 5-year period (and ultimately 10 years). Funding of actions will be
considered as part of the annual budget development process.
KEY ACTION 5 The process outlined in the Strategy will be utilised when determining the
appropriate approach to purchase of carbon offsets.
KEY ACTION 6 Decision-making for the Action Plan initiatives requiring capital investment
will be based on detailed cost-benefit analysis. It will also ensure that
recommended actions contribute to Council's ongoing financial
sustainability and have the greatest potential to reduce emissions.
Innovative methods of delivery and appropriate financing models may also
be considered.
KEY ACTION 7 Appropriate resourcing (people & systems) will be provided and Council will
also ensure an appropriate governance framework is established to ensure
effective delivery, monitoring and reporting on implementation of the
Strategy and Action Plan.
KEY ACTION 8 The Strategy will be reviewed at least biennially (every 2 years) to ensure
the approach remains appropriate to legislative, political, economic and
social contexts. The detailed Action Plan will be reviewed annually as part
of the budget development process.
Zero Emissions Noosa™ — Organisational Strategy Page 3
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
2. Principles
2.1 Principle 1: Leadership by Council with the support of the community
This principle recognises Council’s role to provide leadership and set an example of best practice
for the community. It also recognises that Council will share any knowledge gained through
delivery of the Strategy. Although this Strategy is targeted specifically at Council operations and
activities, Council also acknowledges its role in providing leadership for the community’s transition
towards a zero emission future.
2.2 Principle 2: Acceptance that we have a moral obligation to act
This principle recognises the moral obligation for Council to “do its bit” in response to the serious
long-term threat that climate change poses. This includes threats to the planet as well as threats to
the local economy, the Noosa Shire environment and residents’ lifestyle. Council assumes an
obligation to act beyond legislative requirements to help create a truly sustainable future. Council
also acknowledges that action to mitigate climate change is the shared responsibility of
governments at all levels, businesses, communities and individuals.
2.3 Principle 3: Pursuit of multiple benefits
It is acknowledged that there are often multiple benefits associated with reducing GHG emissions.
Actions to reduce emissions can result in financial, environmental, health and/or social rewards.
Implementing the Strategy will also enhance the Noosa Shire’s resilience and adaptability.
2.4 Principle 4: Action that is prioritised by impact
This principle supports actions being developed and prioritised according to their ability to affect
change. Council will ensure its decisions are sound by applying appropriate and up-to-date
analysis and risk-management tools.
3. Objectives
The principles above are supported by the following core objectives:
= To help mitigate climate change and provide a sustainable future by reducing Council’s GHG
emissions to a zero net position.
= To ensure that reduction in GHG emissions will not impact on Council's long-term financial
sustainability nor result in any significant financial impost on ratepayers.
4. Policy Context
4.1 International
In December 2015, the international community unanimously adopted an ambitious agreement to
decarbonise the global economy and to limit the impact of climate change. The UNFCCC COP21
Paris Agreement commits 195 nations to hold the increase in global average temperature to “well
below” 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to
1.5°C above pre-industrial levels.
Zero Emissions Noosa™ — Organisational Strategy Page 4
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
4.2 Australian Government
The Australian Federal Government became a member of the Kyoto Protocol in 2008 and has a
current commitment to reduce the nation’s emissions by 26-28 percent on 2005 levels by 2030.
4.3 Queensland Government
Through its paper Advancing Climate Action Queensland, the Queensland Government has noted
that, due to a lack of climate action over recent years, the state’s emissions “will increase ... 34 per
cent by 2030 on 2000 levels”. The State Government is pursuing a range of strategies including
development of a climate adaption strategy, implementing a coastal hazards adaptation program,
as well as pursuing opportunities for alternative energy and changed land management practices.
4.4 Local Government
A number of local governments around Australia have already established targets. Both Adelaide
City Council and the City of Melbourne ambitiously aim to be carbon neutral by 2020. Byron Bay
aims for zero emissions by 2025. Brisbane City Council is hoping to be carbon neutral by 2031.
Sydney City intends to reduce emissions by 70% by 2030. Frankston intends to be carbon neutral
by 2025. Meanwhile, Moreland City Council in northern Melbourne became carbon neutral for
Council operations in 2012 (as certified under the National Carbon Offset Standard - Carbon
Neutral Program).
4.5 Noosa Council
At a local level, the Noosa Council Emission Reduction Policy adopted 19 May 2016 commits
Council to a reduction in carbon and GHG emissions with a view to establishing a zero net
emissions target in Council’s operations and services. The policy aim is to drive greater efficiency
in Council’s use of natural resources by:
= Investing in appropriate actions such as new technologies and options that focus on clean
energy.
= Leading by example and inspiring change by demonstrating best practice options to the
community.
= Measuring and monitoring to demonstrate progress towards achieving the stated objective of
achieving zero net emissions.
Other policies and strategies that have been developed that support Council’s zero net emissions
efforts include adoption of the Waste Reduction and Recycling Plan 2016-2024. Work is also
underway to develop a fresh and innovative Transport Strategy. The Strategy is also aligned with
Council's Sustainability Principles.
5. Target
The Strategy proposes that Council operations and service activities will reach zero net
emissions by 2026. This is an ambitious target that will be dependent upon ongoing commitment
by future Councils. It may also be impacted by the changing economic environment, technological
advances, and legislative changes.
The target will become one of Council’s sustainability indicators to ensure progress can be tracked
and reported over time.
Zero Emissions Noosa™ — Organisational Strategy Page 5
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Achievement of the target requires:
= A detailed Action Plan that will drive and prioritise GHG emission abatement activities.
= Acost-benefit analysis model which identifies net benefits of potential GHG emission reduction
projects.
= Ongoing commitment of annual funding (operating and capital).
= Ongoing data collection, use of credible GHG measurement techniques, plus effective
monitoring and reporting systems.
= Flexibility to adjust to the rapid pace of technological change and shifting cost efficiencies that
may arise.
= An appropriate internal governance framework plus internal champions to drive the necessary
changes.
= Participation by Council's employees to drive organisational behaviour change.
= Aninternal and external communications plan.
6. Background
6.1. Noosa context
Being a coastal locality, Noosa Shire is vulnerable to the predicted impacts of climate change in
relation to coastal inundation and sea level rise. Of course there are many other potential impacts
as well. These include habitat loss, species extinctions, reduced water supply, more intense
weather events etc. It isin Council’s and the community’s interest to mitigate those impacts by
reducing Council’s GHG emissions.
The Noosa Shire area is at real risk of not only experiencing the physical effects of climate change
but also the flow on effects to the local economy and resident lifestyles.
Regardless of the potential impacts from climate change, Council has a responsibility to minimise
the financial impact on ratepayers that the threat of rising fuel, utility and other charges pose.
Council also has a responsibility to continue to strive to achieve best practice in line with the
Shire’s designation as a UNESCO Man and the Biosphere Reserve and the long standing
commitment by the community to living sustainably within the natural environment.
Like many local governments in Australia, the pre-amalgamation Noosa Council participated in the
International Council for Local Environmental Initiatives (ICLEI) Cities for Climate Protection (CCP)
program. Council joined the program in 2001. Some of the projects undertaken at the time
include: installation of movement sensors on office lighting; reshaping of the organisational vehicle
fleet to accommodate smaller, more fuel-efficient vehicles; a pilot project trialling bio-diesel fuel for
trucks; plus general emission avoidance and waste reduction strategies. In more recent years six
Council buildings & facilities have had solar power installed.
The CCP program was complemented by a travel behaviour change scheme aimed at reducing
reliance on motor vehicles whilst encouraging the use of public transport, walking and cycling. Part
of the program that continues to this day is the free holiday bus initiative. This encourages people
to travel by public transport in order to reduce both traffic congestion and vehicle emissions. An
electric bus trial initiated by the new Noosa Council is expected to commence in 2017.
Zero Emissions Noosa™ — Organisational Strategy Page 6
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
6.1.1 Defined emissions boundaries — greenhouse gas (GHG) inventory
One of the most important and challenging decisions required in the development of a GHG
emission inventory is to define the boundaries for the inventory i.e. a list of what is included and
what is not. The approach taken has been to include GHG emissions from all operations for which
Council has legislated responsibility and where it has full authority to introduce and implement
operating policies.
The exception to this approach is public lighting. The current regulatory framework results in the
bulk of public lighting assets in Noosa Shire being owned and operated by Energex. This means
Council does not currently have authority to take direct action to reduce GHG emissions from
public lighting, although this may change in the future. While Council does not currently have
authority for public lighting, it has been included in the inventory as Council has regulatory
responsibility for the payment of energy consumption for this activity. It is expected that the
detailed Action Plan to support delivery of this Strategy will include an initiative to investigate
means by which public lighting can transition to more energy efficient lighting.
The recent independent audit of Council’s emissions inventory included emissions from energy
used in all Council operated and owned buildings, Council fleet, waste and public lighting. The
calculations excluded:
= Leased facilities (such as the Sunrise Beach Shopping Centre), unless there is a component of
the activity that generates emissions that are paid for by Council (e.g. Bicentennial Hall,
Doonella House, Girraween Sports Complex, and Noosa Transit Centre).
= Emissions from Council employees commuting to and from work unless they are utilising a
Council provided vehicle.
= Business travel via air or rail.
= Emissions in embedded goods and some contracted services.
The inventory boundaries were used to estimate Council’s current baseline GHG emissions.
6.2 GHG emission scopes
GHG emissions refer to the release of a number of gases that contribute to the greenhouse effect
which is considered responsible for climate change. This includes methane which is particularly
important in relation to gases released from Council's landfill site. (Refer to glossary for details.)
The GHG Protocol sets the global standard for how to measure, manage and report GHG
emissions based on direct and indirect emissions. These are defined as follows:
= Direct GHG emissions are emissions from sources that are owned or controlled by the
reporting entity.
= Indirect GHG emissions are emissions that are a consequence of the activities of the
reporting entity, but occur at sources owned or controlled by another entity.
The GHG Protocol further categorises these direct and indirect emissions into three scopes as
shown in Figure 2 below:
= Scope 1: All direct emissions from owned or controlled sources.
= Scope 2: Indirect emissions from the consumption of purchased energy (electricity, heat or
steam).
= Scope 3: Other indirect emissions (not included in scope 2) that are embedded into goods &
services; contracted or leased activities.
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Figure 2: Extract from Hobson Bay Council Corporate Greenhouse Strategy
The National Greenhouse and Energy Reporting Act 2007 (NGERA) & Regulations and the
National Greenhouse and Energy Reporting (Measurement) Determination 2008 establish the
legislative framework for a national GHG and energy reporting system. The legislation and
technical guidelines have been aligned with international standards so that there is a single
approach. Council’s method will be to align with existing standards to provide consistency and to
reduce risk in the event of legislative change.
The Australian regulations define scope 1 and scope 2 emissions as “the release of greenhouse
gas emissions into the atmosphere either as a direct result of an activity that constitute the facility
(scope 1) or as a result of activities that consume electricity, heat or steam at the facility (scope 2).”
No definitions are provided for scope 3. They remain important in fully accounting for an
organisation’s total emissions, but in some instances can be more difficult in terms of gathering
data and driving change.
If the Commonwealth Government decides that Local Government will need to report emissions
under the NGERA, scope 1 and 2 are likely to be mandatory.
Using the defined inventory as per clause 6.1.1, for Council operations the scopes are applied as
follows:
Council vehicle fleet (heavy and light fleet) tailpipe emissions.
Waste landfill emissions (methane gas).
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Type Activity Emission Source
Buildings Tewantin Administration Building _ Electricity
Noosaville Depot Electricity
Pomona Depot Electricity
Community Facilities* Noosaville Library Electricity
Cooroy Library Electricity
The J Electricity and gas
Noosa Aquatic Centre Electricity and gas
Noosa Leisure Centre Electricity and gas
Noosa Community Support Centre Electricity
Cooroy Butter Factory (subject to changed Electricity & gas
arrangements)
Bicentennial Hall & Annex Electricity
Amenity blocks (Public Toilets) Electricity
Doonella House Electricity
Barbeques Electricity
Holiday Parks Noosa River Caravan Park Electricity and gas
North Shore Beachfront Campground Electricity and gas
Boreen Point Campground Electricity and gas
Cooroy RV Stopover Electricity
Public Lighting Roads, Parks, Pathways and Waterways Electricity
(Council owned) Navigation Lights
Waste Landfill operations, transfer stations, buildings — Electricity
and facilities
Sporting fields* Girraween Sports Complex (subject to Electricity
changed arrangements)
Transport facilities Noosa Transit Centre (leased but Council pays Electricity
a component of the operations cost including
electricity)
Noosa Waters Lock and Weir
Other facilities SES buildings (Tewantin, Cooroy, Boreen Electricity
Point & Pomona)
Noosa Main Beach Sand Recycling system
Ringtail Quarry
Stormwater facilities
*The majority of community and sports club buildings owned by Council are operated under lease arrangements with
community organisations who assume responsibility for consumable payments such as electricity and gas. While not
included in the inventory boundary, as the asset owner, Council may still take actions or provide incentives to reduce
emissions as necessary.
Purchased Goods & — Emissions embedded in purchased goods (e.g. asphalt, pre-mixed
Services concrete)
While embodied emissions relating to Council’s procurement activities
are not recorded by Council, a sustainable procurement policy is in place
that recommends the use of climatically and environmentally friendly
goods and services.
Zero Emissions Noosa™ — Organisational Strategy Page 9
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Public lighting (not As at August 2016 there are 5,665 public lights in the Noosa shire, with
owned by Council) the majority owned and operated by Energex. As Council has legislated
responsibility to meet the cost of electricity consumption it has been
included in the inventory and classified as scope 3 (contracted services).
Contracted or leased _—_ Fuels used to deliver services such as:
services
«= Waste collection.
= Concrete crushing at the landfill and Ringtail Quarry.
= Green waste mulching.
=" Mowing.
= Street sweeping.
* Capital works and asset maintenance activities.
= Noosa River Ferry (leased operation).
« Other contractor transport (not owned or managed by Council).
Business travel Travel by air where payment for an offset does not occur at the time of
booking (could be covered by Council policy requiring this to occur).
Rail travel.
The current data available for scope 1 and 2 activities is considered satisfactory with much of it
available from the providers e.g. energy and transport fuel accounts.
Some of the Scope 3 activities are also supported by satisfactory data (waste activities and
Energex owned public lighting), but there is a current gap in data for most other contracted
services. Scope 3 activities represent a reasonable proportion of Council activities, so continued
improvement is required in the collection of data to complete Council’s understanding of the GHG
components of these activities. Improvements will occur via a range of actions but the first step is
likely to be through the capture of information at the procurement stage and via contractual
arrangements.
6.2.1 Baseline GHG emissions footprint
As a first step in establishing the Strategy, Council engaged Beyond Zero Emissions Inc., a climate
change solutions think-tank, to undertake an independent audit of Council’s operations and
services, to develop an emissions inventory and to determine a baseline GHG emissions footprint.
No estimate has been made for any potential growth in emissions e.g. for new or expanded
buildings or facilities, new public lighting through Council works or contributed assets, or expansion
of services that may include embedded emissions.
The assessment indicates total emissions being 10,713 tonnes CO2e based on available data for
2015-16. Emissions are shown by sector in Figure 3 below and by scope in Figure 4. Data for fuel
utilised for waste collection services was excluded due to probity issues as the new waste tender
was under evaluation at the time of the audit. So the baseline figure will need to be adjusted after
the waste contract is awarded (post December 2016). The baseline figure will also need to be re-
calculated over time as data capture is improved (particularly for scope 3 emissions).
Zero Emissions Noosa™ — Organisational Strategy Page 10
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@ Buildings (electricty & gas)
@ Public lighting
@ Liquid fuel (non-
transport)
@ Transport
m Waste
Figure 3: Noosa Council’s GHG emissions x sector
It is clear that activities with the most opportunity to reduce emissions come from:
e Waste management services.
e Electricity consumed at Council buildings & facilities (incl. Holiday Parks).
e Public lighting (both Council and Energex owned).
m@ Scope 1 - Direct Emissions
@ Scope 2 - Purchased
Energy
™ Scope 3 - Embedded
Emissions (Goods &
Services)
Figure 4: Noosa Council’s GHG emissions x scope
The largest source of emissions under Scope 1 is from waste landfill. Improved knowledge and
data capture is required to accurately calculate the emissions generating Scope 3 activities.
KEY ACTION 1:
Council will continue to improve its knowledge and data collection. It will measure emissions using
credible measurement tools.
KEY ACTION 2:
GHG emissions will be measured annually. Progress towards the defined zero net emissions
target will be included in Council’s annual reporting.
Zero Emissions Noosa™ — Organisational Strategy Page 11
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In seeking to achieve best practice Council’s approach to achieving zero net emissions will be
based on the following prioritised hierarchy for decision making — Figure 5.
© Avoid generating emissions by behaviour change initiatives such as:
© Switch off equipment (auto shut down computers at night).
: © Use natural ventilation (buildings & vehicles).
1. Avoid Reset thermostats (use economy settings).
© Reduce car trips (use technology for meetings).
*Rationalise equipment (reduce number of refrigeration units, printers, etc.).
e Reduce energy use by energy efficiency measures such as:
*Replace light fittings with LED or other low energy lamps.
Install motion sensors on lighting.
72. Red EIS) Utilise alternative fuels.
Replace fleet with best in class fuel efficient, hybrid or electric vehicles (fit for purpose).
Change to renewable energy sources such as:
Install solar photovoltaic panels on Council buildings or at Council facilities.
Install small or large scale generation schemes (e.g. at landfill sites).
3. Chan A=) ¢ Purchase accredited GreenPower® (nil return on investment so last resort option).
¢Use offsets such as:
* Purchase of eligible carbon offset units (from Clean Energy Regulator).
re Offset * Bio-sequestration (tree planting).
Figure 5: Hierarchy of Decision Making Framework for Zero Emissions Noosa™
As shown in the hierarchy above, actions that avoid or reduce emissions should be prioritised
ahead of any renewal energy generation. The purchase of carbon offsets would only be pursued
after emissions have been reduced and energy sources switched to renewable resources to the
fullest extent practical. This hierarchy is recognised as environmental best practice for energy and
GHG emission management.
The Australian Government National Carbon Offset Standard provides guidance on what is a
genuine offset unit.
KEY ACTION 3:
The decision-making framework outlined in the Strategy will be used when determining the
appropriate approach to reduce emissions for a specific activity.
KEY ACTION 4:
A detailed Action Plan will be developed that will prioritise actions over an initial 5-year period
(and ultimately 10 years). Funding of actions will be considered as part of the annual budget
development process.
Zero Emissions Noosa™ — Organisational Strategy Page 12
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8. Carbon Offsets
Carbon offsets are projects that indirectly compensate for emissions by:
e Investing in emissions avoidance or reductions elsewhere; or
e Removing carbon from the atmosphere, usually by storing in trees or soils.
Offsets can be purchased from voluntary or mandatory schemes. Figure 6 below outlines the steps
Council should follow in pursuing the purchase of offsets:
Figure 6: Decision making process for the purchase of offsets
Projects that generate offsets may be accredited to various standards. Council should select a
standard that aligns with its own organisational principles.
The number of opportunities for major offset projects is limited because of availability of suitable
sites and capital costs. Appropriate offset projects may need to be located outside of the Shire
boundaries.
As noted above, pursuit of carbon offsets is a last resort option when considering actions towards
net zero emissions.
Zero Emissions Noosa™ — Organisational Strategy Page 13
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9. Cost analysis — Marginal Abatement Cost
Curve
A Marginal Abatement Cost Curve (MACC) will be used to compare the relative cost and
effectiveness of potential GHG emission reduction strategies. An assessment tool will calculate
whether proposed emission reduction projects are cost effective for ratepayers and have the most
potential to reduce emissions.
Innovative methods of delivery and various financing models will be investigated to help enable
and/or fund actions in the detailed Action Plan.
KEY ACTION 6:
Decision-making for the Action Plan initiatives requiring capital investment will be based on
detailed cost-benefit analysis. It will also ensure that recommended actions contribute to Council’s
ongoing financial sustainability and have the greatest potential to reduce emissions. Innovative
methods of delivery and appropriate financing models may also be considered.
10. Strategy implementation
10.1 Funding and resources
Implementation of the Strategy will be progressed through the Action Plan and through Council’s
annual budget process via the allocation of operating and capital funds and the provision of
adequate resources (people & systems).
Opportunities for grants from other tiers of government will also be sought to assist in the delivery
of the required actions. Partnership arrangements may also be considered.
10.2 Employee engagement
To deliver significant change it is vitally important that Council employees are involved in the
process. Council’s employees will need to integrate GHG implications into planning and decision-
making for all activities, including their day-to-day use of facilities and equipment.
Effective employee engagement will be achieved by:
e The Leadership Team being champions for the Strategy and Action Plan.
e Aneffective communication plan that will provide the activity with the necessary profile in
Council and also inform the community on achievements and milestones.
e Identifying appropriate resources to co-ordinate the Strategy and Action Plan delivery.
e Establishing an internal Council ZEN team to act as ambassadors for net zero emissions and
to oversee monitoring, reporting and review of the Strategy and Action Plan.
e Create opportunities for all employees to provide input.
e Provide opportunities to celebrate successes and milestones.
Zero Emissions Noosa™ — Organisational Strategy Page 14
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10.3 External engagement
Council will lead by example. It will communicate its learnings and share its knowledge with the
community.
Council may provide advice to residents and community groups who are wishing to reduce their
own emissions and will endeavour to work closely with community based organisations that are
working with the community to achieve a zero net emissions future.
KEY ACTION 720
Appropriate resourcing (people & systems) will be provided and Council will also ensure an.
appropriate governance framework is established to ensure effective delivery, monitoring and
| reporting on implementation of the Strategy and Action Plan.
11. Monitoring and review
The Strategy and the associated Action Plan will be reviewed to ensure that they are on-track to
achieve Council’s goals. Council will make amendments as required and ensure that progress
reporting is being regularly undertaken. The following review process will be undertaken:
11.1. Annually
= Re-inventory of the organisation’s emissions.
= Assessment of progress against targets.
= Analysis of the costs and benefits of actions compared with the cost and benefits of purchasing
certified offsets.
= Measurement of the impact of implemented actions.
= Review of the Action Plan to ensure that it can still meet the Strategy objectives.
= Compilation of information for the annual reporting to include, where possible, the total cost per
tonne of CO2e saved.
11.2 Biennially
In addition to the above items to be reviewed annually, at least every 2 years Council will ensure
the approach remains appropriate in respect of legislative, political, economic, scientific,
technological and social contexts.
Zero Emissions Noosa™ — Organisational Strategy Page 15
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Carbon Neutral Means reducing your greenhouse gas emissions where possible
and using offsets to compensate for the remainder to achieve zero
net emissions.
Carbon Offset ls a credible method of reducing emissions of carbon dioxide or
greenhouse gases made in order to compensate for an emission
made elsewhere.
Climate Change A change in the pattern of weather, and related changes in oceans,
land surfaces and ice sheets, occurring over time scales of
decades or longer that may be caused by natural or human
induced activities.
COQ2e Is an abbreviation of 'carbon dioxide equivalent’ and is the
internationally recognised measure of greenhouse emissions.
There are many types of greenhouse gases. Six such gases are
controlled by the Kyoto protocol.
Direct Emissions Greenhouse gas emissions that are caused directly by actions
taken by the owner or controlling entity.
GHG Emissions Footprint An inventory of all greenhouse gases produced to directly or
indirectly support human activities within a defined boundary based
on available data. Can also be referred to as a Carbon Footprint.
The words greenhouse gas and carbon have become synonymous
in everyday speech.
Greenhouse Effect The trapping of the sun's warmth in a planet's lower atmosphere,
due to the greater transparency of the atmosphere to visible
radiation from the sun than to infrared radiation emitted from the
planet's surface.
Greenhouse Gas Any of the atmospheric gases that contribute to
the greenhouse effect by absorbing infrared radiation produced by
solar warming of the Earth's surface. They include carbon dioxide
(CO2), methane (CH4), nitrous oxide (NO2), and water vapour.
Greenhouse (GHG) Protocol Is an international accounting tool that sets the global standard for
how to measure, manage, and report greenhouse emissions.
GreenPower® The GreenPower® Program is a government managed scheme
that enables Australian households and businesses to displace
their electricity usage with certified renewable energy, which is
added to the grid on their behalf to decrease greenhouse
emissions due to electricity generation.
Indirect Emissions Greenhouse gas emissions that occur outside of the organisation
but are generated upstream or downstream as a consequence of
the organisation’s actions.
Zero Emissions Noosa™ — Organisational Strategy Page 16
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Kyoto Protocol The Kyoto Protocol is an international agreement linked to the
United Nations Framework Convention on Climate Change, which
commits its Parties by setting internationally binding emission
reduction targets.
Marginal Abatement Cost Is a cost analysis model which compares the relative cost and
Curve effectiveness of potential carbon emission reduction strategies.
Man and the Biosphere The intergovernmental scientific program under the name “Man
and the Biosphere Program’ that is facilitated by UNESCO.
Solar photovoltaic (Solar PV) An array of photocells which convert sunlight to electricity.
UNESCO The United Nations Educational, Scientific and Cultural
Organisation.
UNFCCC COP21 Paris Paris Agreement under the United Nations Framework Convention
Agreement on Climate Change sealed on December 2015.
Zero Net Emissions The same meaning as carbon neutral.
Zero Emissions Noosa™ The words are a trademark of Noosa Council. The words may only
(ZEN) be used by Noosa Council and any other parties licensed by
Council to use the trademark.
Zero Emissions Noosa™ — Organisational Strategy Page 17
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2 DISCUSSION PAPER - NOOSA PLAN
DOCUMENT INFORM AT ION
Author Planning Scheme Project Manager, Raul Weychardt
Planning & Infrastructure Department
Index ECM/ Project and Contract: Planning Scheme Review 2016 – Consultation
/Community Engagement & Feedback
ECM/ Subject/ Planning Instruments/ Noosa Plan Planning Scheme
Attachments 1. The New Noosa Plan Discussion Paper (64 page document provided
separately to this report; 2 hard copies provided in the Councillors’ room)
2. Community Engagement Summary
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Planning Scheme Project Manager to the Planning &
Environment Committee Meeting dated 11 October 2016 and:
A. Endorse the document The New Noosa Plan Discussion Paper for the purpose of engaging
with the community; and
B. Endorse the community engagement activities proposed in the Community Engagement
Summary.
REPORT
Council has resolved to prepare a new planning scheme to replace The Noosa Plan 2006. This
report is intended to enable Council to engage with the community by means of a Discussion
Paper prior to preparing a draft new Noosa Plan.
1. Preparing the New Noosa Plan
The new Noosa Plan will be prepared under the Sustainable Planning Act 2009. Drafting of the
plan will be undertaken in 2017. The Act outlines the process for preparing a new planning
scheme and more detailed requirements and specifications are contained in the statutory
guideline Making and Amending Local Planning Instruments. The guideline only requires public
consultation of a proposed planning scheme after it has been endorsed by the Minister and this is
programmed to occur in 2018. The consultation period specified is of 30 business days’ duration.
This report proposes an additional non-mandatory step of engaging with the community about
future planning and development in Noosa prior to commencing to draft the new Noosa Plan.
2. Discussion Paper
To facilitate community engagement, a Discussion Paper has been prepared that outlines ideas
for how the new Noosa Plan could address future community needs and expectations. The
Discussion Paper provides an early opportunity for the community to have input. For ease of
reading and responding with feedback, the Discussion Paper is divided into themes and localities
as set out below.
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Themes Localities
Settlement Hinterland and rural areas
Housing choices Hinterland villages
Economy and employment Cooroy Township
Community wellbeing Noosa North Shore
Transport and movement Tewantin
Biodiversity and environment Noosaville
Natural hazards and resilience Noosa Heads
Coastal Communities
Feedback received on the Discussion Paper will be addressed in a report to Council in early
2017. It will thereafter be used as an important resource in preparing the new Noosa Plan. The
Discussion paper is Attachment 1 of this report.
3. Community Engagement Plan
A community engagement plan has been prepared to guide the activities Council will undertake
to enable the community to provide feedback. Attachment 2 is a summary of the plan.
Previous Council Consideration
Council, at its meeting of 6 March 2014 resolved to commence the process of making planning
scheme amendments to the Noosa Plan. At the same time Council resolved not to proceed with
the previous Sunshine Coast Regional Council Draft Planning Scheme process which applied to
the Noosa Shire area.
Ordinary Meeting, 6 March 2014, Item 3, Page 7
That Council note the report by Project Leader, Strategic Planning, Planning & Development to
the Planning & Organisation Committee dated 25 February 2014 and:
A. Resolve not to proceed with the previous Sunshine Coast Regional Council Draft Planning
Scheme process which applied to the Noosa Shire area;
B. Resolve to commence the process of making planning scheme amendments to the Noosa
Plan;
C. Authorise the Chief Executive Officer to advise the Minister of Council’s proposal to
commence the process of making planning scheme amendments; and
D. Respond to persons who made Noosa-relevant submissions to the draft Sunshine Coast
Planning Scheme in 2012 to advise them of Council’s intention regarding a planning
scheme review.
Following Councillor workshops and preliminary consultation, Council, at its meeting of 28 August
2014 resolved to make various amendments to The Noosa Plan 2006. These amendments will
soon take effect as the Minister has advised of her approval subject to conditions. A separate
report to Council addresses adoption of the amendments.
Ordinary Meeting, 28 August 2014, Item 4, Page 15
That Council note the report by the Senior Strategic Planner to the Planning & Organisation
Committee dated 19 August 2014 and the further report to the General Committee Meeting dated
25 August 2014 and:
A. Resolve to amend the planning scheme for the Shire of Noosa in accordance with the
proposed amendments as outlined in the report submitted to the Planning & Organisation
Committee on 19 August 2014, subject to following amendments:
i) with setbacks in the Detached Housing zone, change “one other boundary” to “rear
boundary” and delete “(either sides or rear)”. Also include “Blocks that back onto
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reserves are exempt from the rear setback rule and may use determinants for “other
boundaries” on their rear boundary”. On blocks with more than one street frontage,
one common boundary shall be considered the rear boundary;
ii) within the Agriculture Uses Code amend the minimum lots size for grazing of poultry
as follows:
for lots of at least 4ha in size, up to 50 poultry are allowed with a setback of 40m
to the nearest boundaries;
for lots 10ha or greater, up to 1,000 poultry are allowed with a setback of 100m to
the boundaries.
iii) within the Community Uses Code for Open Space Type 2 camp ground, amend the
minimum lot size to 10ha and make them consistent only in the rural zone;
iv) within the Community Uses Code, Table 14-19 Open Space Type 2 camp ground,
remove specific requirements for Amenities and make reference to compliance with
the local law for accommodation parks;
v) within the Visitor Accommodation Code, Table 14-34 Type 1 Home Hosted, insert a
new solution S13.2 requiring a minimum boundary setback of 10 metres to side or
rear boundaries;
vi) within the Visitor Accommodation Code, Table 14-36 Type 3 Rural, insert a new
solution S34.2 requiring a minimum boundary setback of 40m to side and rear
boundaries; and
vii) add zoning and code provisions to apply to commercial leases on and adjacent to the
bank of the Noosa River.
B. Request the Chief Executive Officer to write to the Minister for State Development,
Infrastructure and Planning requesting a State Interest Review of the proposed
amendments and the Minister’s approval for Council to commence public consultation on
the proposed amendments.
Council has also initiated a review of the Priority Infrastructure Plan to bring it into compliance
with the Sustainable Planning Act as a Local Government Infrastructure Plan.
In December 2015 Council considered a report that provided an overview of the timeline,
resource requirements, estimated budget and other considerations for undertaking a new
planning scheme project. As a consequence, budget provision has been made for preparing the
new scheme and assembling a project team.
Ordinary Meeting, 17 December 2015, Item 3, Page 7
That Council note the report by the Special Projects Officer and Director, Planning &
Infrastructure to the Planning & Organisation Committee Meeting dated 8 December 2015 and:
A. Note the draft project brief for the new planning scheme project; and
B. Authorise the CEO to make an application to the Minister for an extension of time to amend
Council’s Priority Infrastructure Plan in accordance with the Local Government and Other
Legislation Amendment Act (No. 2) 2015 amendments to the Sustainable Planning Act
(2009) (SPA) sections 997, 979, 983 and 996.
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In September 2016, Council resolved to prepare a new planning scheme.
Ordinary Meeting, 15 September 2016, Item 5, Page 8
That Council note the report by the Planning Scheme Project Manager to the Planning &
Environment Committee Meeting dated 6 September 2016 in relation to the proposal to prepare a
New Planning Scheme and:
A. Endorse the document The Noosa Plan 2006 - Ten Year Review as provided at
Attachment 1 to the report;
B. Propose to prepare a new Planning Scheme for the whole of Noosa Shire;
C. Authorise the Chief Executive Officer to prepare a Statement about State Interests; and
D. Advise the Minister of this decision.
Finance & Risk
Costs associated with production of the Discussion Paper and undertaking community
engagement are estimated at $9,000. These are in addition to staff time.
There are no risks seen in engaging the community about a new Noosa Plan prior to its drafting.
Engaging the community at this stage of preparing a new Noosa Plan is not mandatory. The risks
of not engaging with the community prior to preparing the new Noosa Plan relate to the lack of
knowledge about current community views on the general future of planning and development in
Noosa. Also Council would lack the more detailed feedback that is anticipated on the various
themes and localities addressed in the Discussion Paper.
Consultation
External Consultation - Community & Stakeholder
Nil. This report is intended to enable Council to commence community engagement as a
preliminary step to preparing a new Noosa Plan.
Internal Consultation
A Project Working Group was established to facilitate corporate input to the Discussion Paper
and community engagement. Several branches within Council were represented.
Departments/Sections Consulted:
Chief Executive Officer X Community Services X Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support X Community Development X ICT
Libraries & Galleries Procurement & Fleet
Local Laws X Property & Facilities
Waste & Environmental Health Revenue Services
X Executive Office X Planning & Infrastructure
X Community Engagement X Building & Plumbing Services
Customer Service Civil Operations
X Economic Development X Infrastructure Planning & Design
Governance X Planning & Environment
Human Resources X Strategic Land Use Planning
Sustainability
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NT 2
The New Noosa Plan Discussion Paper LD
Community Engagement Activities
Project Name New Noosa Plan — Discussion Paper
Period for Consultation 24 October 2016 to 12 December 2016
Stakeholders and Activities
External Key Stakeholders
See Table below
Internal Key Stakeholders
Council Leadership Team Planning & Environment Branch
Community Development Team Waste & Environmental Health Team Economic Development Officer
Community Engagement Team Building & Plumbing Branch Infrastructure Planning & Design
Branch
Customer Service Team Local Laws Team Property Section
Discussion Paper (approx. 60 pages of text)
Double sided 1 page information sheet and single sided poster
Feedback form
General Engagement Activities
Internal
e Home page intranet
e Emails directly to Customer Service, Planning & Environment, Plumbing & Building, Community
Development, economic development, property, and Executive Office/Councillors
e Personal briefings for Councillors and teams as requested
e Council staff pop-ups at Council chambers Tewantin and Depot Noosaville and Pelican Brief
e Project Working Group briefed
External
e Media release
e Letters and E-letters
e Your Say Noosa (YSN) page.
e Dedicated webpage and home page slider, Council Facebook page
e Video - used on webpage and on a loop at pop ups
e Static displays — Noosa Council Chambers, Cooroy Library, Noosaville Library, Mobile Library (poster and
papers)
e Pop up displays/information sessions at Cooroy, Pomona, Cooran, Kin Kin, Boreen Point, Noosaville, Noosa
Heads, Peregian Beach, Noosa North Shore (presence of planners and Councillors for 3-4 hours)
e Noosa Council Chambers — ability to talk to a planner
e Target 2 - 3 high school classes for youth input - Invite 30 sec video
e Pop-up at Noosaville farmers market & adjacent to Noosa Heads surf club
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Targeted Engagement Activities
a
Stakeholders Discussion Paper Engagement
All Stakeholders Media Release, Website homepage
Your Say Noosa, Council Facebook
Static displays, Emails to community groups
Your Say Noosa, Pop-ups
agencies, Other Local Governments
and Infrastructure Agencies
Key Groups Email information & ‘Your Say Noosa’ hyperlink for distribution to members
Social/Cultural, Traditional Owners,
Education Providers, Planning,
Development and Built Environment
Groups)
[wed «| NR TonyWagionisendsofemerson
Page 33 of 86Section 34
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
3 132003.221194.01 - CHANGE AN EXISTING APPROVAL FOR A MULTIPLE DWELLING
OF 4 DWELLING UNITS SITUATED AT 215 GYMPIE TERRACE NOOSAVILLE
Author Manager, Planning & Environment, Kerri Coyle
Planning & Infrastructure Department
Index ECM/ Application/ 132003.221194.1
Attachments 1. Locality Plan
2. Powerline Plan
APPLICATION DETAILS
Applicant Mr Derek James Tatton
Proposal Changes to original approval
Properly Made Date 10 August 2016
PROPERTY DETAILS
Property Address “Wai Cocos” 215 Gympie Terrace, Noosaville
RP Description Lot 1 RP 75738
Existing Use of Land Multiple Dwelling - 4 Units
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Visitor Mixed Use
Assessment Type Change to Approval
RECOMMENDATION
That Council note the report by the Manager Planning & Environment to the Planning &
Environment Committee Meeting dated 11 October 2016 regarding a request to change a
development approval, Application No. 132003.221194.1, situated at “Wai Cocos” 215 Gympie
Terrace Noosaville and agree to delete condition 45.
REPORT
1. PROPOSAL
This application seeks to change an existing approval for a multiple dwelling of 4 units by deleting
condition 45 relating to the undergrounding of power along the site’s frontage to Gympie Terrace.
Page 34 of 86
Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
2. SITE DETAILS
2.1. Background
A Development Permit for Multiple Dwelling (4 units) was issued on 19 May 2005 prior to the
commencement of the Noosa Plan. Condition 45 of the development approval states that:
45. The existing overhead electricity wire to the Gympie Terrace frontage of the development
shall be redirected underground to help beautify the Gympie Terrace streetscape and aid
with the growth of street trees. This work shall be at no cost to Council.
This condition was included in the approval as at the time Energex had a programme of
contributing a third of the cost of undergrounding power line, with Council similarly matching a
third of the cost of undergrounding the power lines for Gympie Terrace in some instances. There
was no Council Policy in place at the time and consequently conditioning development approvals
to underground the power lines was not consistently applied. Notably, this Energex programme
ceased around the time this development was approved.
The development proceeded to completion, with all conditions apart from condition 45 fulfilled. At
the time of completion of the development, there is correspondence on file which advises:
the cost to complete the works was in the order of $20,900, although subsequent
correspondence from the applicant indicates the works would cost $75,000; and
it was preferred to complete the undergrounding of the power lines with the development of
the adjoining properties given the current power pole locations.
Accordingly, the applicant requested that Council retain part of the $80,000 performance bond to
secure performance of this condition in the future. Since that time the developer was declared
bankrupt and the bond of $80,000 is still currently with Council.
The trustee of the bankrupt estate has requested the release of the bond and was advised that
prior to the release of the bond, the condition would need to be satisfied or alternatively an
application lodged seeking agreement from Council to delete the condition. Notably, the consent
of the current Body Corporate was provided with this application pursuant to the Sustainable
Planning Act 2009.
3. STATUTORY PROCESS
The applicant has requested to make a change to a development approval under s369 of the
Sustainable Planning Act 2009. A request to change a development approval under s369 can
only be made in circumstances where that change would constitute a ‘permissible change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a permissible change on grounds that.
The change would not result in a substantially different development
The change would not require the application to be referred to additional concurrence
agencies;
The original application was impact assessable and the proposed changes would not likely
cause a person to make a properly made submission, with no submissions previously
lodged against the development approval;
The change would not cause the approval to involve prohibited development.
On this basis, the applicant has followed lawful process in making a request under s369 of the
Act.
Page 35 of 86
Section 36
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
4. ASSESSMENT
The superseded planning scheme and the Noosa Plan codes contain no requirement for
developments to underground power lines in Gympie Terrace. The incentive programme offered
previously by Energex has long ceased and the cost of the works in many instances becomes
prohibitive where power lines from a single power pole extend across roads and across multiple
property frontages. Council also ceased funding the works at the time the Energex programme
ceased.
Attachment 2 identifies the existing power lines and power poles in proximity to the site and
highlights that multiple sites are affected. Installing an additional power pole to the eastern side of
the property and running the lines underground across the subject site’s frontage would be of
little benefit to Gympie Terrace streetscape in isolation and in the absence of a funded
programme.
On this basis it is considered not reasonable and relevant to maintain the condition to
underground the power lines for the site. It is recommended that condition be deleted and the
bond be returned to the estate.
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 36 of 86
Section 37
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Attachment 1
Page 37 of 86
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
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Page 38 of 86
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
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5 1 1 1 52 4 2159 2289 48 34 96 86Section 39
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
4 MCU16/0088 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
AN ENTERTAINMENT AND DINING BUSINESS TYPE 1 FOOD AND BEVERAGES
(RESTAURANT) AT 3/287 GYMPIE TERRACE, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM / Application / MCU16/0088
Attachments Nil
APPLICATION DETAILS
Applicant TWX Pty Ltd
Proposal Development Permit for Material Change of Use of Premises -
Entertainment & Dining Business Type 1 - Food & Beverages
(restaurant)
Properly Made Date 04 August 2016
Decision Due Date 20 October 2016
Number of Submissions Nineteen properly made submissions (18 objections and 1
conditional support) and 5 Not Properly Made
PROPERTY DETAILS
Property Address Offshore Noosa 3/287 Gympie Terrace Noosaville
RP Description BUP 106812
Lot 3 BUP 106812
Land Area 247m²
4164m²
Existing Use of Land 30 multiple dwelling and 2 shops
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Visitor Mixed Use
Overlays Natural Hazard : High Potential Acid Sulfate Soils Overlay
Natural Hazard : Flooding Overlay
Assessment Type Impact
Page 39 of 86
Section 40
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 11 October 2016 regarding Application No. MCU16/0088 for a
Development Permit for Material Change of Use for Entertainment and Dining Business Type 1
Food and Beverages (restaurant) situated at lot 3/287 Gympie Terrace, Noosaville and approve
the application in accordance with the following conditions:
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
WD.20 E Proposed Floor plan, prepared by Cab Roto 04/07/16
WD.03 Area Plan, prepared by Cab Roto 11/07/16
Noise
3. The development must be undertaken in accordance with the recommendations of the
Acoustic Assessment prepared by RoadPro Acoustic dated 3 August 2016. In this regard,
the acoustic wing walls and acoustic roof panel must be designed to complement the
existing building and streetscape to the reasonable satisfaction of the chief executive
officer. Prior to the installation of these works the plans must be submitted to Council
demonstrating compliance with this condition.
4. External speakers or amplified music are not permitted.
5. Internal amplified music must be directed internally to the tenancy.
6. Refuse disposal, particularly glass bottles and the like, must be considerate of noise at all
times.
7. The Noise Management Plan submitted with the application must be amended to include
site specific operational measures to minimise potential noise nuisance for surrounding
residents and a complaints management process. The Noise Management Plan must
incorporate the recommendations of the Acoustic Assessment prepared by RoadPro
Acoustic dated 3 August 2016. The amended Noise Management Plan must be submitted
to Council prior to the commencement of the use.
8. Noise emissions from any new mechanical equipment associated with the development
must comply with the following requirements:
a. Air-conditioning and Refrigeration
7am to 10pm: Background + 5dB(A)
10pm to 7am: Background + 3dB(A)
9. Written certification must be submitted from a suitably qualified person confirming noise
levels from any new mechanical equipment comply when measured at either the residential
boundary or outside the most exposed part of an affected building, whichever is the closest
to the equipment.
The assessment and certification is required immediately after installation of the equipment
and in a format approved by Council. All equipment should be operating at the same time
to test the overall noise level created.
Page 40 of 86
Section 41
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Advice: It is highly recommended the person you engage to certify the installation is
involved prior to installation of any equipment so they can recommend where equipment is
best located. They can also advise about noise enclosures and make other suggestions to
avoid noise problems. It is a lot more costly to try and deal with noise problems after
installation.
Nature and Extent of Approved Use
10. The approved use must not operate outside the hours of:
a. 6.30am to 9.30pm Monday to Thursday
b. 6.30am to 10.30pm Friday, Saturday and public holidays
c. The outdoor dining area must not be used after 8pm until the acoustic wing walls and
acoustic roof panel is installed pursuant to the recommendations of the RoadPro
Acoustic Assessment dated 3 August 2016.
11. Service vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at
all on Sundays or public holidays.
12. The use area including outdoor seating must not exceed 67m2 as indicated on the
approved plan.
Protection of Privacy
13. To ensure privacy is protected between adjoining properties, the western acoustical
designed wing wall must be designed to maintain privacy of the neighbouring unit. In this
regard, the wall must be either translucent glazing or a solid portion to obscure direct views
to the western unit.
Outdoor Lighting Devices
14. Light spillage from the development including advertising, security and flood lighting etc is
designed, sited, installed, shaded and appropriately directed so as to prevent a nuisance to
residential areas and vehicular traffic.
Kitchen Exhaust
15. Kitchen exhaust points for the development must be located and operated in accordance
with Australian Standard AS1668.2-2002 “The use of ventilation and air-conditioning in
buildings” (specifically Section 5.10 – Air Discharges).
16. Certification must be submitted to council from a qualified person* prior to commissioning
the operation of the mechanical exhaust ventilation system for the kitchen which certifies
that the system complies with AS1668.2-2002 and the requirements of this Decision
Notice.
Refuse
17. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
REPORT
1. PROPOSAL
The application seeks approval for a Material Change of Use of Premises for an Entertainment &
Dining Business - Type 1 Food & Beverages. The applicant seeks to change the existing
shop/café use (formerly known as Riva and Elvis café) to a family orientated restaurant and
wishes to continue utilising the covered forecourt for outdoor dining. The new layout includes a
Page 41 of 86
Section 42
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
gelato bar, a small internal dining area centrally located toward the front of the tenancy and the
majority of the dining area within the forecourt, similar to that exists.
The floor area is 182m² (including the outdoor dining area) and the proposed hours of operation
are:
Sunday to Thursday – 6am to 10pm
Friday and Saturday – 6am to midnight
The proposal plan and site photograph are included as Figures 1 and 2 below. The application is
before Council due to community interest particularly noise concerns raised by neighbours.
Figure 1 – Layout
Figure 2 – Street View
Page 42 of 86
Section 43
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
2. SITE DETAILS
2.1. Background
On 26 September 1996 Council approved 03997 TR for 30 multiple dwelling units, 2 shops and
on site mangers office.
The previous business operator erected an impervious shade structure without the relevant
building or planning approvals. It is estimated from historical aerials the structure has existed for
more than 13 years. The applicant (new business operator) is now progressing toward gaining
relevant building and planning approvals for the structure.
The building approval for the fit out triggered accessible access requirements as the existing
disability ramp does not meet current standards. The ramp is proposed to be altered to comply,
with minor changes to the landscaping within the frontage.
The Body Corporate provided consent for the lodgement of this application and is also a
submitter providing conditional support for the proposal.
2.2. Site Description
The site is located on the corner of Gympie Terrace and Weyba Drive and is within the Village
Mixed Use zone. The subject tenancy sits approximately 0.8m above the footpath level nestled
amongst the units. The outdoor seating area and shade structure sit forward of the built form
within the frontage. A garden screens a portion of the outdoor dining area from Gympie Terrace
and is well screened from Weyba Drive.
A locality and zoning plan of the site and surrounding area is shown in Figure 3 below.
Figure 3 – Locality and Zones
Page 43 of 86
Section 44
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
2.3. Surrounding Land Uses
To the north and across Gympie Terrace is the Noosa River Foreshore Park and T Boat and Jet
Ski hire jetty.
To the south along Weyba Road are typical multiple dwellings except for 2 restaurants, 1 directly
adjoining the subject site and the other near the Weyba Road/Noosa Parade roundabout.
To the east and across Weyba Street is the Attached Housing zone where multiple dwellings
typically seen in Noosaville exist.
Directly adjoining (including above) within the complex are residential units. The Red Emperor
fish shop is within the residential complex and located approximately 17m to the west. Further to
the west within the Visitor Mixed Use zone along Gympie Terrace are residential developments,
(except for a commercial restaurant development on the corner of James Street), until Edward
Street where mixed use developments increase and dominate street level from Thomas Street to
The Cockleshell.
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 Noosaville Locality and is zoned Visitor Mixed Use. The
proposed use is identified as a consistent use within the zone and is required to follow an impact
assessable application process.
Locality Provisions
The relevant provisions of the Noosaville Locality Code for the Visitor Mixed Use zone include:
S55.1 Business Uses are Entertainment & dining businesses or Retail businesses offering food,
shopping, entertainment and personal services to residents and visitors.
S56.2 Business Uses operate only between the hours of 7am to 10pm, 7 days a week, except
Friday and Saturday, where Entertainment and dining business uses may operate until 12
midnight.
S57.2 Development incorporates outdoor dining or seating areas.
In addition to the above Probable Solutions, mixed use developments must meet Specific
Outcome O56 which reads:
O56 Mixed-use development, incorporating accommodation units, is designed and operated to
ensure business uses do not have any adverse impact on the amenity enjoyed by
residents, including impacts associated with—
a) visual and acoustic privacy;
b) safety and security; and
c) lighting.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
The Noosa Plan provides support for the proposed restaurant providing the business does not
adversely impact on the amenity of the residential uses that surround the site. The proposed use
does not raise any significant planning concerns except for noise and some potential overlooking.
Noise
The applicant seeks the following operating hours:
6am to 10pm Sunday to Thursday
6am to midnight on Friday and Saturday nights
The applicant has submitted an Acoustic Assessment by RoadPro Acoustics that uses the Liquor
Regulation 2000 noise criteria; criteria used by Office of Liquor and Gaming Regulation (OLGR)
for enforcing noise under a liquor licence. The applicant has also provided an Operational Noise
Management Plan which outlines processes to mitigate noise and noise complainant
management.
The Body Corporate and submitters have also raised concerns in regard to noise, siting the
extended trading hours (compared to the hours of the previous business). The Body Corporate
has provided conditional support providing the noise mitigation measures are incorporated.
Based on experience with previous business operators the Body Corporate requests the hours of
operation are limited to:
7.30am – 9.30pm on weekdays (assume Monday to Friday)
7am – 10.30pm weekends and public holidays (assume includes Sunday night)
In response to the Body Corporate request to limit the hours of operation, as a compromise the
applicant has advised the following:
The operating hours are vital to ensure viability and to be commercially competitive with
adjoining cafes / restaurants within Noosaville. The breakfast trade through the morning is
one where a 6.00am opening is vital and necessary to be consistent with other
establishments along Gympie Terrace. In recognition of the items raised within the BC
submission the applicant is accepting a 9.30pm close Sun – Thurs and a 10.30pm close on
Fri, Sat and Public Holidays.
The Acoustic Assessment provides recommendations to minimise noise in relation to waste
disposal, music and general operational noise but states in relation to patron noise that:
The calculated potential noise impact levels indicate that patrons conversing in the outdoor
area pose a risk of the criteria being exceeded during all time periods. It is expected that
during the daytime this is unlikely to be an issue, particularly given the previous use of the
tenancy. However, adjoining residents could reasonably be expected to be more sensitive
during the evening and night-time periods.
The Acoustic Assessment suggests the proposal is similar to the previous ‘Elvis Café’ which
regularly seated up to 30 to 40 people in the outdoor dining area. It is agreed the proposed
change of use from a shop to a restaurant is of a technical nature, as the outdoor dining area has
historically been used for seating patrons of the former takeaway shop. Given that units directly
adjoin the subject tenancy and patron noise may exceed noise criteria, the Acoustic Assessment
suggests the outdoor dining area operate no later than 8pm where no noise mitigation measures
are installed. To allow later operation the Acoustic Assessment recommends transparent
acoustic barriers to the sides of the outdoor area (transparent to maintain the open feel) and
replace the membrane roof with a ‘sandwich’ type panel to reduce noise to the unit above.
The Acoustic Assessment does not indicate modelled noise levels after these measures are
incorporated but states:
The proposed café/restaurant can be operated in a manner that achieves the Outcomes of
the Noosa Plan i.e. without adverse effects on noise in the area.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
The measures required to do this are predominately operational in nature, and are
therefore dependent on staff being very aware of the potential for noise generation, and
pro-actively addressing it as required.
Suggestions have been made to address potential noise sources, however these shouldn’t
be considered to be exhaustive. In particular, the outdoor dining area could be improved
considerably from an acoustical viewpoint with relatively simple additional construction.
The Acoustic Assessment does not clearly demonstrate that when the noise mitigating measures
are installed that the Liquor Regulation 2000 noise criteria can be achieved. However, given the
historical use (including operating hours) and the proximity to the residential units, the following
hours of operation are considered reasonable:
6.30am – 9.30pm Sunday to Thursday
6.30am - 10.30pm Friday, Saturday and Public Holidays
To maintain amenity of the neighbouring and surrounding units, a condition is recommended to
ensure the outdoor dining area is not used after 8pm until the noise mitigating measures
recommended in the Acoustic Assessment are incorporated.
Overlooking
The patrons using the outdoor dining area may have the opportunity to overlook the adjoining
unit to the west. A garden is established to this area but to ensure privacy, a portion of the
acoustic screen, recommended by the Acoustic Assessment could be translucent to mitigate any
overlooking. This will also maintain the outdoor ambiance. A condition is recommended
accordingly.
Land Use & Works Provisions
The following codes which regulate land use and design are applicable to this application:
Noosaville Locality Code;
Business Uses Code;
Landscaping Code; and
Engineering Works Codes
The application has been assessed against each of the above applicable codes. The pertinent
matters arising out of the assessment against the codes are discussed below:
Car Parking
The original approval allowed 12 car spaces for the 2 shops in addition to the multiple dwelling
spaces.
The subject tenancy, at the time, had a GFA of 146m² and was permitted to use the outdoor
seating area. The second shop (currently the Red Emperor) has a GFA of 70m² which is
equivalent to 3.5 spaces, leaving 8.5 spaces available for the subject tenancy.
The proposed use area of 67m² attracts 7 car spaces (1 space per 10m² or part thereof); within
the 8.5 spaces allowed for under the original approval.
4. CONSULTATION
4.1. Referrals
The application was forwarded to Council’s Health department and their comments form part of
this report.
4.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. Nineteen (19) properly made submissions and 5 not properly made
submissions were received. The following table provides a summary and assessment of the
issues raised by submitters.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Issues Comments
The proposal would have a negative impact on Disagree.
Noosaville being a family friendly area The proposal is for a family orientated restaurant which
is consistent with other restaurants along Gympie
Terrace. It is also noted the proposal includes a
gelateria (ice cream bar) and designated seating for
that purpose.
Noise would have a negative impact on Agree.
adjoining units The applicant has submitted an Acoustic Assessment
which addresses noise matters. Conditions are
recommended to include acoustic measures which will
reduce noise and limit operating hours to no later than
10.30pm and 8pm if no measures are incorporated.
Alcohol consumption increases patron noise. The Planning Scheme does not regulate liquor
consumption.
The proposal will create unruly and rowdy Disagree.
behaviour The proposal is for a family orientated restaurant and a
gelato bar.
No establishments operate the proposed hours Although Gympie Terrace restaurants may generally
(most close around 9pm) close around 9pm they are permitted to operate
(generally) to midnight on Friday and Saturday nights.
No buses run after 12.05am and therefore A condition is recommended to limit operating hours to
loitering could occur. no later than 10.30pm on Friday and Saturday nights
and 9.30pm on other nights.
The garden was used in front of the complex The applicant has provided toilets on-site including
as people didn’t know of the public toilets in disabled facilities.
the park near T-boats.
Dining and entertainment options are already The Planning Scheme supports restaurants in the
available in the area and Hastings Street. It is Visitor Mixed Use zone providing there are no
not a commercial area and restaurants should significant negative impacts on surrounding residents.
be located toward Thomas Street.
No car parking on-site There is no additional traffic generation when compared
to the previous shop use. The proposal meets the
Planning Scheme requirements.
If the proposed hours of operation are Disagree.
approved it will open the flood gates. Each application is assessed on its merits. Restaurants
in the area are permitted to operate to midnight on
Friday and Saturday nights.
The proposal is a bar not a restaurant. Disagree.
The proposal meets the definition of Entertainment and
dining type 1 food and beverages (restaurant). The
layout does not appear to be conducive to that required
for a bar. Furthermore, the proposal includes a gelato
bar and associated seating area.
There is no change to the exhaust fan for the Conditions are included to ensure the exhaust fans
additional capacity required for the restaurant. meet the relative Australian Standards.
Patrons will have direct view into the adjoining The area has historically been used for outdoor seating.
unit. An established garden separates the seating area and
the unit. To improve privacy a condition is included to
provide a privacy screen. In addition, the outdoor
seating plan indicates the seats setback from the edge
of the outdoor area.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
5. CONCLUSION
The application is for a consistent food and beverage use within the Visitor Mixed Use zone. The
proposal raises site specific noise concerns from surrounding residents. The Planning Scheme
supports restaurants providing the business does not create adverse impacts on the surrounding
residents. The former shop has historically operated as a takeaway food outlets where patrons
used the outdoor seating area. It is considered the proposal is not unlike the historical use. The
proposal can maintain amenity and meet the provisions of the Planning Scheme when the hours
of operation are limited and some acoustic and privacy measures are incorporated. The proposal
does not raise any other planning concerns and is recommended to be supported subject to
conditions.
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
Waste & Environmental Health Revenue Services
Executive Office Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
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5 MCU16/0047 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE
FOR A LIFESTYLE & GARDEN CENTRE AT 37 GIBSON ROAD NOOSAVILLE
DOCUMENT INFORM AT ION
Author Coordinator Planning, Denis Wallace
Planning & Infrastructure Department
Index ECM/ Application/ MCU16/0047
Attachments 1. Proposal Plans
2. Proposed Table of Uses
APPLICATION DETAILS
Applicant Mr RC Rogers
Proposal Development Permit for Material Change of Use of Premises -
Undefined Use - Lifestyle & Garden Centre
Properly Made Date 16 May 2016
Information Request Date 7 June 2016
Information Response Date 2 August 2016
Decision Due Date 7 November 2016
Number of Submissions Six (5 Properly Made, 1 Not Properly Made)
PROPERTY DETAILS
Property Address 37 Gibson Road Noosaville
RP Description Lot 1 RP 802167
Land Area 3,860m2
Existing Use of Land Garden Centre & Cafe
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Attached Housing
Overlays Flood Hazard Area
Minimum Floor Height Area
Potential Acid Sulphate Soils Area
Assessment Type Impact
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 11 October 2016 regarding Application No. MCU16/00 for a
Development Permit for a Material Change of Use for an Undefined Use – Lifestyle and Garden
Centre situated at 37 Gibson Road, Noosaville and:
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
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
05.0516.1.1 - Plan of Development prepared by Andrew April 2016
McKellar Design
30.0813.1.2 - First Floor Plan / roof plan prepared by Andrew August 2013
McKellar Design
30.0813.1.2 - Elevations prepared by Andrew McKellar Design August 2013
Nature and Extent of Approved Use
3. Approved sub-uses within individual tenancies on the site shall be generally in
accordance with the following table of uses:
Pavilion Scheme Definition Specific Use Area
2
Pavilion 1 Retail Business Limited to the display and sale of garden and 265m
Type 4 Showroom lifestyle related goods primarily of a bulky nature
including external shade systems, home products
and furniture. Examples include:
Furniture and furnishings-
indoor/outdoor/alfresco
Design and display of furniture and furnishings
Outdoor related homewares
Outdoor/alfresco cooking equipment/BBQ
Spa and pools
Garden items
Retail business Limited to the display and sale of goods of a
Type 2 Shop & garden and lifestyle nature including home
Salon products, giftware, clothing, and health and
wellbeing products and may include:
Artisan pantry - specialty food items, fresh food
2
products, herbs, etc. not exceeding 50m
Retail Business The use of premises for the retail sale of landscape
Type 7 Garden & and garden products and supplies and products
Lifestyle Centre made by local artisans. The term includes the sale
of plants, seeds, pots, gardening tools, bagged
landscaping products (such as fertilisers, potting
mix, mulch and stones) outdoor furniture and
lighting, letterboxes, garden ornamentation, art, and
literature on gardening. The premises may also be
used as the sales office for swimming pools or
spas. The use includes an ancillary coffee shop.
2 2
Entertainment and Café (17m of storage and kitchen) with a 17m
2
dining business – maximum seating area of 82m
Type 1 food & 2
82m
beverages
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Pavilion Scheme Definition Specific Use Area
2
Pavilion 2 Commercial Limited to home/interior and landscaping design 106m
Business Type 1 and wellbeing services. Examples include:
office Interior/ exterior/landscape design office
Relaxation tanks/Spa
Commercial Limited to natural therapies. Examples include
Business Type 2 Health and Wellbeing products and services
Medical
Alternative therapy clinic
Naturopath/ Osteopath/ massage
Retail Business
Type 7 Garden &
Lifestyle Centre
2
Pavilion 3 Ground level - Limited to the display and sale of garden and 205m
2
205m Retail Business lifestyle related goods primarily of a bulky nature
Type 4 showroom including external shade systems, home products
and furniture. Examples include:
Furniture and furnishings-
indoor/outdoor/alfresco
Outdoor/alfresco cooking equipment/BBQ
Spa and pools
Garden items
Retail Business Limited to the display and sale of goods of a garden
Type 2 Shop & and lifestyle nature including home products,
Salon giftware, clothing, and health and wellbeing
product. Examples include:
Homewares and outdoor related products
Outdoor cooking/BBQ products
Clothes shop (26m ) including garden related
2
items
2
Pavilion 3 Education Type 3 Examples include: 110m
Upper Level Adult Cooking classes
Design classes
Lifestyle /wellbeing education
Commercial Limited to natural therapies. Examples include:
Business Type 2 Alternative therapy clinic
Medical
Naturopath/ Osteopath/ massage
Entertainment and Yoga/ Pilates studio ( maximum of 17 persons)
dining business –
Type 2 Recreation,
amusement &
fitness
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Pavilion Scheme Definition Specific Use Area
2
Nursery Retail Business – Nursery and lifestyle centre (minimum area of 1,000m
2
Type 7 Garden and 1000m )
Lifestyle Centre –
2
minimum 1000m
4. The nursery use must be retained as the principal use on the site at all times and
have a minimum use area of 1,000m2.
5. The total dining area for the café must not exceed 82m2, being the shaded area
indicated on the approved plan of development.
6. Retail food sales (such as the artisan pantry) within Pavilion 1 must not exceed an
area of 50m2.
7. Medical uses on the site must not exceed 110m2 and no more than 3 medical
practitioners must operate from the site at any time.
8. Yoga/Pilates classes must not be conducted between 10am-3pm.
9. The development must not operate outside the hours of 7am to 7pm.
10. Any advertising signage shall have a maximum 4m2 sign face area, and a combined
sign face area projecting to the street of no more than 10m2.
11. All plants and goods are to be displayed on site within the property boundaries.
There is to be no display plants and goods on the streets about the site.
Amenity
12. There is to be no detrimental effect upon the amenity of the neighbourhood by reason
of the creation of excessive noise, lighting nuisance or other emissions.
Noise
13. External speakers or amplified music are not permitted.
14. Internal amplified music must not be audible at the property boundaries.
15. Refuse disposal, particularly glass bottles and the like, must be considerate of noise
at all times.
16. An acoustic fence must be constructed along the southern property boundary within 3
months of this approval taking effect. The fence is to be constructed to a height of 3
metres along the full length of the common boundary with Lot 2 SP120996 and a
minimum of 10m length of the eastern portion of the common boundary with Lot 1
SP120996. Fence materials shall be timber (ship-lapped palings), fibre-cement,
aerated concrete (Hebel) or other material with a minimum density of 12.5kg/m2 with
no gaps.
17. Noise emissions from any new mechanical equipment associated with the
development shall comply with the following requirements:
17.1. Air-conditioning and Refrigeration:
7am to 10pm: Background + 5dB(A)
10pm to 7am: Background + 3dB(A)
18. On installation of any new mechanical equipment OR if requested by Council, written
certification must be submitted from a suitably qualified person confirming noise
levels from any mechanical equipment comply when measured at either the
residential boundary or outside the most exposed part of an affected building,
whichever is the closest to the equipment.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
19. Service vehicle movements associated with the development (including loading and
unloading) and noise generating activities (such as leaf blowers, gurneys, waste
removal, disposal of bottles, and the like) must not occur outside the hours of 7am to
6pm.
Spill Light
20. Lighting associated with the use must be designed, sited, installed and tested to
comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the
obtrusive effects of outdoor lighting” using a control level of 1.
21. Certification must be submitted to Council from a suitably qualified person* within 6
months of this approval taking effect which certifies that all outdoor lighting devices
comply with AS4282-1997 and the requirements of this Decision Notice. * See
advisory note.
Landscaping
22. The site shall be landscaped in accordance with the provisions of The Noosa Plan.
Carparking
23. A minimum of 39 off street carparking spaces, 4 scooter parking bays and 8 bicycle
parking bays as indicated on the approved plan of development. All vehicles must
enter and exit the site in a forward direction.
24. Linemarking must be completed to both the development’s carparks in accordance
with the approved plans.
Refuse
25. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
26. An imperviously paved area must be provided to accommodate all refuse and
recycling containers to the reasonable satisfaction of Council’s Environmental Health
Officer. This area is to be aesthetically screened from any road frontage or adjoining
property boundary and is to be set back a distance of two (2) metres from any road
frontage. A suitable hosecock, hoses and approved drainage outlet to Council’s
sewer, are to be located in the vicinity of the refuse container area for washing
containers.
B. Find the following are sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. The site has an existing development permit for a retail garden centre and café.
2. The development’s mix of uses is consistent with contemporary garden and lifestyle
centres and is appropriate for the site’s location, being on a collector road and
adjacent Noosaville’s Business Centre zone.
3. The development will not introduce significant negative impacts on adjoining
residents, or the visual and residential amenity of the surrounding area.
REPORT
1. PROPOSAL
The application seeks development approval for a Lifestyle & Garden Centre on the site. The
site is already developed for an approved retail garden centre and coffee shop, known as Acres
Noosa, shown below.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Figure 1 – Front Entrance of Acres Noosa
The intent of the proposal is to allow greater flexibility of uses (i.e. types of commercial tenants)
than previously approved. The application arose following Council development compliance
action. Some tenants within the centre, such as a dress shop, expanded cafe and other
proposed tenants, did not accord with the approval given. Following meetings with the applicant
it agreed to seek a new approval involving a broader range of uses.
The proposed Lifestyle & Garden Centre is not a defined use under The Noosa Plan. The
applicant describes the use as follows:
Undefined Use – Lifestyle and Garden Centre including nursery (minimum of 1000m2), interior
and exterior design, external shade systems, gardening and landscaping sales and services,
outdoor furniture, home products and giftware, clothing, educational flexi space, pantry, café and
outdoor dining, health and wellbeing products and services.
The applicant indicates the development generally aligns with the existing approval for the site
but seeks the following changes:
Inter-changeability of uses across the site;
Clarification of the range of uses permitted on the site;
Additional seating for the centre and cafe along side boundary;
Removal of 19 seat café limitation and replacement with an area defined on the proposal
plans;
Change to hours of operation for Friday and Saturday nights up to 8 pm [from7pm].
Through the course of the assessment the applicant was asked to better define the uses sought
on the site and the spaces in which they are proposed. As a result, the applicant submitted a
table included in Attachment 2. The table lists the component uses sought and the spaces
within the development where they are proposed.
The proposed ground floor layout is shown in Figure 2 below and the full plans are included as
Attachment 1.
The application is before Council due to conflicts with the planning scheme provisions for the
site’s residential zoning.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Figure 2 – Ground Floor Plan Extract
2. SITE DETAILS
2.1. Background
The site was approved in 1997 as a Retail Garden Centre and Coffee Shop. A description of the
existing approvals is outlined below:
Application No. Decision and Date
51997.2289 On the 15 December 1997, Council issued an approval for a Retail Garden
Centre and Coffee Shop. The original application was publicly notified, with
no submissions received.
MCU10/2083 A development application for a Convenience Centre (shops, fast food,
restaurants and office) on the site was refused by Council in July 2011.
The applicant appealed the decision (Marquette Bowen Pty Ltd vs
Sunshine Coast Regional Council & Ors) but subsequently withdrew the
appeal.
51997.2289.01 On the 15 October 2012, Council approved a permissible change to the
existing development approval for a garden centre. The changes involved
the redevelopment of the existing nursery building, including an additional
mezzanine, as well as upgrades to the display and carparking areas. The
approval also included moving the approved coffee shop from the main
building towards the display area, and including outdoor seating for 19
persons.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Application No. Decision and Date
MCU13/0095 On 2 August 2013, Council approved 275m2 of enclosed decked area for
the retail display of outdoor furniture, adjacent to the nursery landscaping
area. At the time the original application was publicly notified, one properly
made submission was received. The submitter was primarily concerned
with the location of the waste storage areas located along the western
boundary of the site.
MCU13/0095.01 On 15 October 2013 Council approved further changes to the
development, comprising:
- Deletion of proposed mezzanine floor (204m2) within the existing
building located along the southern boundary of site, and replace with
the existing fibreglass domed section of the existing building with a roof
form similar to the other approved buildings on the site;
- New upper floor level (110m2) located in the centre of the site over the
approved shop and display area, to be used as a flexi-space for
activities such as education or community groups;
- Relocate bin area and remove loading area along western boundary.
2.2. Site Description
The site is a 3,860m2 rectangular lot fronting Gibson Road (80m frontage) and Skipper Place
(45m frontage). The development on the site comprises 2 primary buildings/pavilions, 2 smaller
buildings, open-space nursery and retail areas, and carparks accessed from each road frontage:
The main carpark accessed from Gibson Road has spaces for 31 cars and the smaller carpark at
the rear of the development off Skipper Place has 8 car spaces.
An aerial photograph and locality plan of the development are shown below.
Figure 2 – Site Aerial Photograph
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Figure 3 - Locality Plan
2.3. Surrounding Land Uses
The site adjoins multiple residential dwelling units to the south and west. Detached houses are
located to the east and southeast. The Noosa Homemaker Centre showrooms and mixed
commercial uses are located across Gibson Road to the northeast. The Villa, Noosa Village
Shopping Centre and Gibson Road showrooms are to the northeast. Noosa Waters Estate is
south of the site.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each
statutory planning instrument to the extent they are relevant to the development, including:
the State Planning Policy;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Preliminary Approval Overriding the Planning Scheme for the land; and
the Planning Scheme for the local government area;
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policy
The proposal complies with the Single State Planning Policy 2014.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
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 of the SEQ Regional Plan and the associated regulatory
provisions.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and is zoned Attached Housing. The
proposed use is undefined and therefore required to follow an impact assessable application
process.
Locality Provisions
The commercial use(s) proposed are inconsistent with the site’s residential zoning but generally
seek to adapt and modify the existing commercial approval for the retail garden centre and café.
The site has proximity to Noosaville’s business centre and frontage to Gibson Road, a major
arterial road. The existing approval sought to allow a moderate amount of commercial intensity to
take advantage of the site’s location, while maintaining the residential amenity for adjacent
residents.
The current proposal does not significantly alter the nature of the development and is
supportable, provided impacts on residents continue to be limited. The primary source of
impacts relate to overall parking demand and the scale and hours of operation of the café use.
These aspects are discussed further in the primary assessment issues below.
The applicant originally sought to have full flexibility for all “sub-uses” across all spaces in the site
but this would potentially have allowed the site to operate entirely as a retail shop or restaurant,
which would significantly increase the intensity of the use. The submitted table of uses was
prepared to better define the uses and spaces in which they are to occur. The table reads:
Pavilion Scheme definition Specific Use Area
Pavilion Retail business Limited to the display and sale of garden and lifestyle 265m2
1- Type 4 Showroom related goods primarily of a bulky nature including
external shade systems, home products and furniture.
Examples include:
Furniture and furnishings-
indoor/outdoor/alfresco
Design and display of furniture and furnishings
Outdoor related homewares
Outdoor/alfresco cooking equipment/BBQ
Spa and pools
Garden items
Retail business Limited to the display and sale of goods of a garden
Type 2 Shop & and lifestyle nature including home products, giftware,
Salon clothing, and health and wellbeing products.
Examples include:
Artisan pantry - specialty food items, fresh food
products, herbs, etc.
Retail Business The use of premises for the retail sale of landscape
Type 7 – Garden & and garden products and supplies and products made
Lifestyle Centre by local artisans. The term includes the sale of plants,
seeds, pots, gardening tools, bagged landscaping
products (such as fertilisers, potting mix, mulch and
stones) outdoor furniture and lighting, letterboxes,
garden ornamentation, art, and literature on
Page 58 of 86
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Pavilion Scheme definition Specific Use Area
gardening. The premises may also be used as the
sales office for swimming pools or spas. The use
includes an ancillary coffee shop
Entertainment and Café (17m2 of storage and kitchen) including 17m2
dining business – outdoor seating area of 82m2
Type 1 food & 82m2
beverages
Pavilion Commercial Limited to home/interior and landscaping design and 106m2
2 Business Type 1 wellbeing services. Examples include:
office Interior/ exterior/landscape design office
Relaxation tanks/Spa
Commercial Limited to natural therapies. Examples include
Business Type 2 Health and Well being products and services
Medical
Alternative therapy clinic
Naturopath/ Oesteopath/ massage
Retail Business
Type 7 – Garden &
Lifestyle Centre
Pavilion Ground level - Limited to the display and sale of garden and lifestyle 205m2
3 Retail business related goods primarily of a bulky nature including
205m2 Type 4 showroom external shade systems, home products and furniture.
Examples include:
Furniture and furnishings-
indoor/outdoor/alfresco
Outdoor/alfresco cooking equipment/BBQ
Spa and pools
Garden items
Retail business Limited to the display and sale of goods of a garden
Type 2 Shop & and lifestyle nature including home products, giftware,
Salon clothing, and health and wellbeing product. Examples
include:
Homewares and outdoor related products
Outdoor cooking/BBQ products
Clothes shop (26m2) including garden related
items
Pavilion 3 Education Type 3 Examples include: 110m2
Upper Adult Cooking classes
Level
Design classes
Lifestyle /wellbeing education
Commercial Limited to natural therapies. Examples include:
Business Type 2 Alternative therapy clinic
Medical
Naturopath/ Oesteopath/ massage
Entertainment and Yoga/ pilates studio ( maximum of 17 persons)
dining business –
Type 2 Recreation,
amusement &
fitness
Page 59 of 86
Section 60
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Pavilion Scheme definition Specific Use Area
Nursery Retail Business – Nursery and lifestyle centre (minimum area of 1000m2
Type 7 Garden and 1000m2)
Lifestyle Centre –
minimum 1000m2
The table is considered to provide a logical framework for future uses on the site. Generally, the
uses sought do not introduce new amenity impacts and retain the character of the previously
approved development. No new uses are proposed that raise concerns with impacts on the
amenity of nearby residents by way of noise, odour, or the like. The primary assessment issues
concern overall parking demand for the site and amenity considerations relating to the expanded
café operation and operating hours. These are discussed further below.
Land Use, Works and Overlay Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Driveways and Carparking Code
Landscaping Code
Engineering Works Codes
Natural Hazards Overlay Code
The application has been assessed against each of the above applicable codes and generally
complies, or can be conditioned to comply with each. Car parking is discussed further below.
Primary Assessment Issues
Car Parking
A total of 39 car parking spaces and 4 motorcycle spaces are proposed on the site. Council staff
raised concern with the development’s potential parking demand and requested the applicant
demonstrate how demand will be met on site.
The applicant submitted a traffic assessment prepared by TTM Consulting. The assessment
noted that parking provision at full planning scheme rates for the highest cumulative potential
uses would require 65 car spaces, with the calculation as follows:
Page 60 of 86
Section 61
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Figure 4 – TTM highest Cumulative Parking Demand Calculation
However, TTM Consulting submits that parking generation will be less because:
The proposed development is a specialised centre (lifestyle and garden) and includes a variety of
land uses geared toward lifestyle and nursery consumption. The intent of the development is for
customers to have access to a range of complimentary uses in one location rather than each use
being a trip attractor on its own.
The assessment also included feedback from the developer/tenants indicating:
The vast majority of visitors to the nursery also visit Pavilion 3
The nursery/Pavilion 3 peak is typically 9-11am and 2-4pm on weekdays and weekends
Pavilion 1 does not have a peak period;
Parking duration is typically less than 45 minutes for each tenancy. This is supported by the
photos provided with the survey as very few cars are captured in more than 1 photo;
Approximately 20% of customers walk or cycle to the site rather than drive;
Approximately 70% of customers visit more than one tenancy; and
Customers visiting more than one business typically visit 2-4 tenancies.
The applicant is willing to limit the customer parking to 2hr duration and has approached a
parking management provider to this effect.
Page 61 of 86
Section 62
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
TTM Consulting note only Pavilion 2 and the upper level of Pavilion 3 are currently vacant. Its
adopted parking demand approach was to undertake a parking survey on Monday 4 July 2016,
which identified an existing peak demand of 22 cars. TTM Consulting then calculated total
demand by allowing Council’s parking rates for the untenanted parts of the development, which it
estimates will require a further 14 spaces. It also indicated:
If Council have concerns with the proposed uses and parking supply, it may be reasonable for
Council to Condition that Commercial Business Type 2 [Medical] can only be in one of the vacant
tenancies and not both. This allows the applicant to have flexibility to provide this use in either
tenancy based on customer/operator demands and should satisfy Council concerns with the
suitability of parking supply. This would result in the maximum parking requirement for the vacant
tenancies being up to 14 spaces (Commercial Business Type 2 in Pavilion 2 and Commercial
Business Type 1 or Entertainment and Dining Business Type 2 in the upper level of Pavilion 3).
The overall parking demands would therefore be a maximum of 36 spaces, which is catered for
with the proposed parking layout and TTM’s recommendations.
Council traffic engineers, Holland Traffic Consulting (HTC), undertook a peer review of the
submitted traffic assessment. HTC inspected the site during business hours and advised the
following concerns:
… nursery and showroom uses are typically busier on weekends than on weekdays, and nursery
uses are typically busier in Spring and Summer than in the middle of winter. Also, at my isolated
inspection there were more than the 22 cars on the site that TTM adopted as the existing design
demand for the entire site except the upper level of Pavilion 3 and Pavilion 2.
I also have concerns about permitting Retail Business Type 2 in Pavilion 1. For example, the
description they have used would permit a mini “fresh food market”. This would generate
significantly higher parking demands than the current showroom use.
Overall, HTC’s peer review recommends:
… the parking provisions would be sufficient, provided the following conditions are included:
Retail Business Type 2 in Pavilion 1 is prohibited in Pavilion 1 or restricted to a low floor
area (say 50m2).
Commercial Business Type 2 is restricted to a total of 110m2 for the overall site, and there
is to be no more than 3 practitioners operating from the site at any one time. This is
basically as per TTM’s suggestion.
A number of conditions are recommended to limit uses on the site accordingly.
Expanded Café Operation
The site has an existing approval for a café limited to 19 seats. The Acres development
established on the site exceeds this limit. The application seeks to remove the seating limit and
obtain approval for a designated café area shown on the plans, with a dining area of 80m 2
(shown shaded on the plans). Seating currently on site in that area is approximately 48 seats
and the café has a liquor licence.
Objections from adjoining neighbours have been received and moderate levels of patron noise
have been observed by Council staff at their premises mid-morning, with the café seating only
around 1/3 occupied. Four “pods” seating around 24 people have been established (without
approval) along the southern boundary and the adjoining residents’ indicate they experience
fairly constant patron noise, with an existing open paling fence providing little acoustic
attenuation.
No acoustic assessment has been undertaken by the applicant but neighbours have requested
additional controls to protect their amenity, including:
An acoustic fence along the common boundary to 3metres high, which would also assist
with line of sight into the property and light spill
Page 62 of 86
Section 63
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Council refuse to extend the Friday & Saturday operating hours requested by the applicant
Staff cease smoking cigarettes after hours in the dining area
Security lighting be reviewed to ensure that spill light is minimised
Noise from mechanical equipment and cold rooms be minimised
The changes to the café scale are supported, with conditions recommended requiring
construction of an acoustic fence and other measures relating to noise, smoking and spill light.
Hours of Operation
The application seeks approval to trade for an additional hour on Friday and Saturday nights.
The applicant submits:
The centre has approval to operate 7 days a week with operating hours of 7am to 7 pm. The
applicant also seeks approval for the centre to be open till 8pm on Fridays and Saturdays to
enable flexibility to meet the needs of today’s consumer and the change in consumer habits.
The request is not supported because it represents a further departure from the original
development approval intent for a garden centre. The primary concern is the additional impact
on neighbours’ amenity by the licenced café operating into evening hours. Evening licenced
dining on the site would not reasonably have been expected by residents under the provisions of
The Noosa Plan. Additional patron noise is an unreasonable impact on their amenity and is not
supported.
4. CONSULTATION
4.1. IDAS Referral Agencies
Not applicable.
4.2. Other Referrals
Nil.
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. 5 properly made submissions and 1 not properly made submission were
received, comprising:
4 objections
1 conditional objection
1 petition of support including of approximately 316 signatures
The following table provides a summary and assessment of the issues raised by submitters.
Issues Comments
Object
The dining area of the café creates regular and Conditions are recommended to erect a 3m high
constant patron noise to adjacent residents. acoustic fence to provide noise attenuation to
adjacent residents
A walk in cold room has been installed adjacent to The acoustic fence and mechanical equipment
the residences to the south and creates mechanical noise conditions are recommended to address
noise at all hours. this issue.
Leaf Blowers are used near the southern boundary The conditioned acoustic fence will assist in
fence every day at 7am-7.30 causing noise nuisance. reducing this noise nuisance.
Water blasting/gurney equipment has been used on A condition is applied limiting noise generating
a number of occasions prior to 6am. activity to after 7am.
Page 63 of 86
Section 64
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Issues Comments
The liquor licence was issued for the site without Agreed. Hours of operation will be between 7am
notification or consultation of neighbours. The – 7pm as outlined in conditions of approval.
request to extend trading hours (from 7pm to 8pm on
Friday and Saturday) should be rejected, because it
will cause further nuisance.
The site does not have development approval for the The existing development approval for the café
service of alcohol. use is sufficient to obtain a Liquor Licence and
further development approval is not required.
Further impacts likely from loud music, etc. from the Conditions are recommended prohibiting
café. amplified music, and the like, audible beyond the
property boundary.
Spill light from security lighting currently impacts on A condition is recommended to address this
neighbours’ amenity. issue.
Patrons can see into neighbouring properties. The conditioned 3m high acoustic fence will
assist with this issue.
Interchangability of uses across the site would allow The full interchangability of uses originally
for any retail business to operate within the central proposed across the site was not supported by
square area which creates increased customer traffic staff and has been replaced by the proposed mix
and impacts alcohol. of uses shown on the submitted table of uses.
The amended proposal is considered to provide
an appropriate use framework and is supported,
subject to some additional recommended
conditions.
The proposed yoga operator upstairs will likely A condition is recommended prohibiting classes
generate 15-20 people. The business will not “fit” between 10am – 3pm to avoid peak retail and
with other uses on the site and parking demand will dining hours on the site.
impact on other businesses in the centre.
Overflow parking would require customers and staff Conditions are recommended to limit the overall
to park in surrounding streets and create safety intensity and parking demand of the development
concerns. to try and ensure parking demand is met on site.
This position is supported by the consulting traffic
engineers involved in the
application/assessment.
Support
Petition of support grounds state: Noted.
The development:
- Ratifies the existing lifestyle & garden centre
uses on the site
- Provides a unique Lifestyle and Garden Centre
for the area that is not provided elsewhere in the
Shire
- Reflects current industry norms for garden
centres
- Is compatible with the surrounding area as it is
low scale and well designed with extensive
landscaping
- Includes state of the art water harvesting,
provision for soalr power generation and storage
and extensive use of LED lighting to ensure the
development has minimal impact on the
environment
Page 64 of 86
Section 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
5. CONCLUSION
Acres Noosa Garden and Lifestyle Centre has an existing approval for a retail garden centre and
café but has not been operating fully in accordance with the approval and seeks greater flexibility
for commercial tenancies. The “undefined” garden and lifestyle centre use is inconsistent with the
site’s residential zoning under The Noosa Plan but the development remains broadly consistent
with the intent of the existing approval for the site. The submitted table of uses for the
development’s tenancies will create a suitable control over the mix and intensity of uses.
Parking demand and residential amenity are the primary issues raised by the application. Traffic
assessment by the applicant’s and Council’s consulting engineers indicate on-site parking for the
centre will be sufficient, provided some conditions are applied.
Objections were received from adjoining residents indicating they have been experiencing fairly
constant levels of café patron noise. It is considered reasonable that residents’ amenity be
addressed by construction of an acoustic fence and further requirements be applied to manage
smoking, noise and spill light. It is also recommended that the development’s existing operating
hours are maintained and not extended.
The application is 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 65 of 86
Section 66
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Page 66 of 86
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DEVELOPMENT PARAMETERS PLAN OF DEVELOPMENT RPD —
LOT 1
RP 802167
Space area PARISH OF WEYBA 0 2000 5000 10000 20000
Nurser' 1000sqm max site lan scale
Clothing 26sqm max Approved uses for site - include but not limited to : interior and exterior design, ai design Client Location Drawing Drawn Scale
Outdoor Seating 16sqm max RALPH C. ROGERS PLAN OF DEVELOPMENT AM 1:100@A1
Vehicle Parking 37 car spaces external shade systems, gardening and landscaping sales and services, OR NOMINEE 37 GIBSON ROAD 1:200@ A3
8 scooter spaces outdoor furniture, home products and giftware, clothing, educational flexi space, pantry, Project NOOSAVILLE Drawing no. Date
8 bicycle spaces café and outdoor dining, health and wellbeing products and services. 62 hilton terrace QBSA reg. 65073 PROPOSED GARDEN 05.0516.1.1 APRIL 2016 1 A
noosaville (07) 5449 9066
amacdesign@ozem ail.com. au LIFESTYLE CENTRE ———Section 67
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Page 67 of 86
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
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Page 67 of 86Section 68
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Page 68 of 86
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Page 69 of 86
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
>| JOPOSED GARDEN & ULF (Se \V, —) G 1 NUT 1
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Pavilion Scheme Specific Use Area BRINN [eetintion [IU
definition
Pavilion J « Retail business Type 4 Limited to the display ond sale of garden and lifestyle related goods primarily of a 265m2 Retail! business Type 2 Limited to the display and sale of goods of o garden and lifestyle nature including
Showroom bulky neture including external shade systems, home products and furniture. Shop & Salon home products, giftware, clothing, and health and wellbeing product. Examples
Examples include; inchede:
Furniture and furnishings: indoor/outdoor/falfresca . Homewares ond outdoor related products
Design and display of furniture and furnishings * Outdoor cooking/B8Q products
ouldoor reloted homewares . Clothes shop (26m2) inciuding garden related items
outdoor/alfresca cooking équipment/B8Q
Spe and pools
Garden items
Pavilion 3 Education Type 3 Adult Exovmples inetuele: 110m2
Retail business Type 2 Limited to the display and sale of goods of o garden and lifestyle nature including loper Level
Shop & Salon home products, giftware, clothing, and health and wellbeing products, Examples . Cooking classes
include: ‘ Design classes
. Lifestyle /wellbeing education
Artisan pantry - specialty food items, fresh food products, herbs, etc
Commercial Business Limited to natural therapies, Examples include:
Retail Gusiness Type 7 — The use of premises for the retail sale of landscape and gorden products and supplies Type 2 Medical
Gorden & Lifestyle and products made by local artisans, The term includes the sale of plants, seeds, pots,
Centre gardening tools, bagged landscaping products (such as fertilisers, potting mix, mulch 2 Altermative therapy clinic
and stones) outdoor furniture and lighting, Jetterboxes, garden omamentotion, art, * Naturopath/ Oesteopath/ massage
and literature on gardening, The premises may also be used as the sales office for
swimming pools ar spas, The use includes an ancillary coffee shop
Entertainment and Yoga/ pilates studio ( maximum of 17 parsons)
dining business = Type 2
Entertainment and Café (17m2 af storage and kitchen) including outdoor seating area af B2m2 1?m2 Recreation, amusement
dining business = Type 1 & fitness
food & beverages B2m2 Nursery Retail Business = Type 7 Nursery and lifestyle centre (minimum area of 1000m2) 10ddm2
Pavilion 2 Commercial Business Limited to home/interior and landscaping design and wellbeing services. Examples Garden and Lifestyle
Type 1 office include: Centre - minimum
41000m2
Interior exterior/londscape design office
Relaxation tanks/S
na
Commercial Business Limited te natural therapies. Examples include
Type 2 Medical
Health and Well being products and services
Alternative therapy clinic
Noturopath/ Oesteopath/ massage
Retail Business Type 7 -
Garden & Lifestyle
Centre
Pavilion 2 Grownd lewel - Limited to the display and sale of garden and lifestyle related goods primarily of a Wim?
205m2 Retail! business Typed bulky nature including extemal shade systems, home products and furniture.
showroom Examples include;
Furniture and fumishings-indoor/outdoor/alfresco
oulddor/alfresca cooking equipment/B8Q
Spo and pools a) design
Garden items
andrew mckellar design
62 hilton terrace
noosaville (07) 5449 9066
[email protected]
Page 69 of 86Section 70
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
6 PBA16/0016 PLANNING & ENVIRONMENT COURT APPEAL 111/2016 FOR A
DEVELOPMENT APPLICATION FOR BUILDING WORKS WITHIN COASTAL
PROTECTION AREA SITUATED AT 26 LORIKEET DRIVE, PEREGIAN BEACH
Author Development Planner, Wilhelm Koschade
Planning & Infrastructure Department
Index ECM / Applications / PBA16/0016 & Case / 111/2016
Attachments Nil
APPLICATION DETAILS
Applicant Nicholls Building Pty Ltd
Proposal Proposed Building Works within Coastal Protection Area
Number of Submissions Not Applicable
Appeal Filed 22 August 2016
PROPERTY DETAILS
Property Address 26 Lorikeet Drive, Peregian Beach
RP Description Lot 706 P 93127
Land Area 675m²
Existing Use of Land Detached Dwelling
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Eastern Beaches Locality
Zone Detached Housing Zone
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 11 October 2016 regarding Planning & Environment Court Appeal
111/2016 and agree to defend the appeal.
REPORT
A report on a development application for Building Works within a Coastal Protection Area,
situated at 26 Lorikeet Drive, Peregian Beach was considered by Council’s Planning &
Environment Committee on 12 July 2016 (Agenda Item 1, Page 3). At its Ordinary Meeting on 21
July 2016 Council resolved to refuse the Building Works application.
The following reasons were identified for refusal of the Building Works application:
1. The proposed building works conflicts with the provisions of The Noosa Plan’s Natural
Resources Overlay Code.
2. The application fails to provide revegetation within a 5.0m setback from the seaward
boundary to assist in maintaining natural coastal processes including the natural cycles of
erosion and accretion of foreshore areas.
Page 70 of 86
Section 71
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
3. The works would not advance The Noosa Plan’s precautionary approach, which seeks to
improve coastal resilience.
4. The proposed works are located in a Coastal Hazard Area – Erosion Prone Area under the
State Planning Policy and the maintenance of a 6m setback in this area is consistent with
the policy provisions to address the potential risks associated with coastal erosion and the
projected impacts of a variable climate.
Following Council’s decision, an appeal was lodged with the Planning and Environment Court on
22 August 2016 by the applicant. The appeal seeks approval of the development application for
building works.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting Minutes, 21 July 2016, Item 1, Page 5
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 July 2016 and refuse Application No. PBA16/0016 for a Preliminary
Approval for Building Works assessable against the Planning Scheme, situated at 26 Lorikeet
Drive, Peregian Beach for the following reasons:
1. The proposed building works conflicts with the provisions of The Noosa Plan’s Natural
Resources Overlay Code.
2. The application fails to provide revegetation within a 5.0m setback from the seaward
boundary to assist in maintaining natural coastal processes including the natural cycles of
erosion and accretion of foreshore areas.
3. The works would not advance The Noosa Plan’s precautionary approach, which seeks to
improve coastal resilience; and
4. The proposed works are located in a Coastal Hazard Area – Erosion Prone Area under the
State Planning Policy and the maintenance of a 6m setback in this area is consistent with
the policy provisions to address the potential risks associated with coastal erosion and the
projected impacts of a variable climate.
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 & Stakeholders
Nil.
Internal Consultation
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 71 of 86
Section 72
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
7 IMPACTS OF RECENT COURT OF APPEAL DECISIONS BRISBANE CITY COUNCIL V
GERHARDT & GERHARDT V QUEENSLAND BUILDING & CONSTRUCTION
COMMISSION
Author Manager, Planning & Environment, Kerri Coyle
Planning & Infrastructure Department
Index ECM/ Subject / Noosa Planning Scheme
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager, Planning & Environment to the Planning &
Environment Committee Meeting dated 11 October 2016 and amend the existing Council
decision in relation to this matter (reference – Council meeting dated 18 August 2016, Planning &
Environment Committee recommendation 3 on page 5 of the Council meeting minutes) by
replacing the current Table 1 with the following new Table 1:-
Table 1 – Declared building form for amenity and aesthetic referral agency assessment in Noosa
Shire
Column 1 Column 2 Column 3
Code Concurrence Agency Assessment Required Probable Solutions/Specific
Outcomes
Building Works Where carrying out building work not Table 14-44 S1.1, S2.3, S10.1,
Code associated with a material change of use and S11.1-S11.3 S12.1, S13.1,
not complying with the Probable Solutions S14.1, S15.1, S16.1, S16.2,
identified in column 3 of this table. Applies to S17.1, S181-S18.4, S20.1,
all localities if a locality or zone is not S21,1, S21.2, S22.1,
identified. Table 14-45 S23.1-S23.3,
Table 14-45 S24.1-S24.7,
S25.1-S25.6
Biodiversity Overlay Where involving interference with vegetation Table 13.2 S9.1, S10.1
Code on premises identified as Environmental
Protection Area, Environmental Enhancement
Area or Riparian Buffer Area on Biodiversity
Overlay Maps OM1.1 to OM9.1; or
Where on premises identified as Riparian
Buffer Area of Biodiversity Overlay Maps
OM1.1 to OM9.1, except for demolition works.
Heritage Overlay Where involving a heritage site or within a Table 13.5 O1, S2.1, O3, S4.1,
Code character area as defined by the Division 5, S5.1-S5.3, O6, S7.1, O12
13.11 General Provisions for the Heritage
Overlay
Natural Hazard Where on land identified as Flood Hazard Area Table 13.10 S20.1, S20.2
Overlay Code on Overlay Maps OM1.3-9.3
Natural Resources Where within a Coastal Protection Area Table 13.17 S17.1, O18,O19,
Overlay Code identified on Overlay Map OM4.5 S20.1, S20.2
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Section 73
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
REPORT
A report was presented to Council’s Planning & Environment Committee Meeting on 9 August
2016 regarding the recent judgements by the Planning & Environment Court and their
implications on the assessment of building works that The Noosa Plan seeks to regulate.
This report is intended to provide a brief update to Council on discussions with the Department of
Infrastructure, Local Government & Planning regarding potential legislation amendments and
seek a minor amendment to the amenity and aesthetic resolution.
Since the report to Council in August 2016, officers have participated in a working group
comprised of officers from the Department of Infrastructure, Local Government & Planning,
representatives of private building certifiers group and officers from a number of other
Queensland Council’s affected by the judgements. LGAQ have also made a submission to the
department seeking urgent amendments to the planning legislation to generally return the status
quo for building works assessable against planning schemes. The department is yet to formally
advise Councils on their intentions in respect to this matter, but indications are that legislative
amendments will be undertaken to return the ability for Council’s to regulate locally important
matters.
A minor amendment has also been identified as necessary to the amenity and aesthetic
resolution to provide clarity that these referral provisions apply to all building works and not just
demolition, relocation or removal works (see Column 2 of the table below).
Previous Council Consideration
Ordinary Meeting, 18 August 2016, Item 3, Page 5
That Council note the report by the Manager, Planning & Environment to the Planning &
Environment Committee Meeting dated 9 August 2016 and resolve for the purpose of Schedule
7, Table 1 item 17 of the Sustainable Planning Regulation 2009:
A. to be a concurrence agency for a building or structure which is a single detached class
1(a)(i) building, class 1(a)(ii) building comprising not more than 2 attached dwellings or a
class 10 building or structure in the circumstances outlined in Table 1 below; and
B. that the form of building works which do not comply with the Probable Solutions and/or
Specific Outcomes outlined in Column 3 of Table 1 of the relevant codes identified in
Column 1 of Table 1 may:
(a) have an extremely adverse effect on the amenity or likely amenity of the locality; or
(b) be in extreme conflict with the character of the locality
Table 1 – Declared building form for amenity and aesthetic referral agency assessment in
Noosa Shire
Column 1 Column 2 Column 3
Code Concurrence Agency Assessment Probable Solutions/Specific
Required Outcomes
Building Works Where carrying out building work if Table 14-44 S1.1, S2.3, S10.1,
Code demolition, relocation or removal of a S11.1-S11.3 S12.1, S13.1, S14.1,
building and not associated with a S15.1, S16.1, S16.2, S17.1,
material change of use and not S18.1-S18.4, S20.1, S21,1,
complying with the Probable Solutions S21.2, S22.1,
identified in column 3 of this table. Table 14-45 S23.1-S23.3,
Applies to all localities if a locality or
Table 14-45 S24.1-S24.7, S25.1-
zone is not identified.
S25.6
Biodiversity Overlay Where involving interference with Table 13.2 S9.1, S10.1
Code vegetation on premises identified as
Environmental Protection Area,
Environmental Enhancement Area or
Page 73 of 86
Section 74
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Riparian Buffer Area on Biodiversity
Overlay Maps OM1.1 to OM9.1; or
Where on premises identified as
Riparian Buffer Area of Biodiversity
Overlay Maps OM1.1 to OM9.1, except
for demolition works.
Heritage Overlay Where involving a heritage site or Table 13.5 O1, S2.1, O3, S4.1,
Code within a character area as defined by S5.1-S5.3, O6, S7.1, O12
the Division 5, 13.11 General
Provisions for the Heritage Overlay
Natural Hazard Where on land identified as Flood Table 13.10 S20.1, S20.2
Overlay Code Hazard Area on Overlay Maps OM1.3-
9.3
Natural Resources Where within a Coastal Protection Table 13.17 S17.1, O18,O19,
Overlay Code Area identified on Overlay Map OM4.5 S20.1, S20.2
Finance & Risk
The judgements have significant implications on the ability of Councils to effectively regulate
building works under their planning schemes and the amenity and aesthetic provisions provide
only a partial solution to the matter.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Departments/Sections Consulted:
x 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 Disaster Management
Governance Infrastructure Planning & Design
Human Resources x Planning & Environment
Sustainability Strategic Land Use Planning
Page 74 of 86
Section 75
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
CLOSED SESSION
8 P&E COURT APPEAL D171/2015 FOR
A MATERIAL CHANGE OF USE FOR CULTIVATION TYPE 2 - INTENSIVE
(GREENHOUSE) & RECONFIGURING A LOT (ACCESS EASEMENT) SITUATED AT
271 & 305 LAKE MACDONALD DR, LAKE MACDONALD
DOCUMENT INFORM AT ION
Author Manager, Planning & Environment, Kerri Coyle
Planning & Infrastructure Department
Page 75 of 86
Section 76
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 OCTOBER 2016
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Page 86 of 86