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Planning Report
Development Application
Planning Report
Material Change of Use for Markets
situated at Stan Topper Park 21 Reserve St, Pomona
described as lot 358 MCH5157
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Contents
1.0 Summary ........................................................................................................................... 3
1.1 Development application details ................................................................................................ 3
1.2 Planning instrument details ....................................................................................................... 3
2.0 Site details ......................................................................................................................... 4
2.1 Site description .......................................................................................................................... 4
2.2 Surrounding land uses ................................................................................................................ 5
3.0 Proposed development details .......................................................................................... 6
4.0 Planning assessment .......................................................................................................... 7
4.1 Heritage Overlay Code ............................................................................................................... 7
4.2 Recreation and Open Space Zone Code ...................................................................................... 7
4.3 Business Activities Code ............................................................................................................. 8
4.4 Driveways and Parking Code .................................................................................................... 11
5.0 State assessment and other matters ................................................................................ 12
5.1. Matters established in the Planning Regulation .............................................................................. 12
5.2 State Planning Policy ......................................................................................................................... 12
6.0 Conclusion ....................................................................................................................... 13
Client Name: Pomona Arts Inc/Pomona Country Markets
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version: 1
Date: 11 April 2022
This report is based on the QLD Government’s planning report template (Department of
Infrastructure, Local Government and Planning), which adopts a ‘report-by-exception’ approach. The
planning report only discusses the key issues and matters where a proposed development does not
exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd
accepts no responsibility for decisions or actions taken as a result of any data, information, statement
or advice, expressed or implied, contained within. To the best of our knowledge, the content was
correct at the time of publishing.
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1.0 Summary
1.1 Development application details
Proposed development: Material Change of Use for a Market
This application is a result of Market Permit MKT15/0001
condition 15 which requires a material change of use for the
market in the park.
Type of approval sought: Development Permit
Site address: Stan Topper Park 21 Reserve Street, Pomona.
Real property description: Lot 358 on MCH5157
Site area: Park area 1.74ha
Owner details: Noosa Council
Applicant details: Pomona Arts Inc / Pomona Country Markets c/- Pivotal
Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: State Planning Policy July 2017 incorporated into the Planning
Scheme.
Regional plan: SEQ Regional Plan 2009–2031 (version commenced 2 May
Designation: 2014) – Urban Footprint.
Planning scheme: The Noosa Plan 2020
Zone: Recreation and Open Space
Level of assessment: Code Assessment
Applicable overlays: • Bushfire Hazard Overlay – potential impact buffer
• Heritage and Character Area Overlay – character area and
local heritage site.
• Landslide Hazard Overlay
Applicable codes: Hinterland Villages Local Plan Code
Recreation and Open Space Zone Code
Business Activities Code
Works Code
State Referrals: Not Applicable - (The use is considered a “Excluded Material
Change of Use” and therefore does not have State Controlled
Road trigger).
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2.0 Site details
2.1 Site description
Table 1: Site description
Site Description
characteristic
Existing land use Park
Existing Planning N/A
Approvals
Easements N/A
Figure 1 - Aerial view and site identification. Source Noosa Council mapping system
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2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
Stan Topper Park is centrally located in Pomona with frontages to Pomona Connection Road,
Hospital Street and Memorial Ave
North Business uses typical of a hinterland village, including rear access to Pomona
Ambulance Station
West Dwelling houses and units fronting Hospital Street
East Pomona business centre with shops, food and drink outlets, offices and other
typical hinterland businesses fronting Pomona Connection Road
South SES within the Park itself and further to dwelling houses fronting School Street.
Figure 2 - Zone map
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3.0 Proposed development details
The application seeks to use Stan Topper Park for a Market. The Pomona Country market has been
operating from the Park for many years. The market offers the following to the locals and visitors to
the area:
- Open every Saturday 6.30am to 12.00pm, noting that set up starts at 5.30am and pack
down is usually completed by 1.00pm;
- Stalls include marquees, stall tents, trestle tables, and other types of equipment typically
found at a market;
- stall holders include:
o Farm to plate fresh fruit and vegetables;
o Local produce;
o Handcrafted goods;
o Bric a brac stalls;
o Home made local food;
o Local coffee;
o Refreshments;
o Some kids activities;
- Community meeting opportunities;
- Light entertainment.
- A maximum of 60 stalls (likely to average around 40 stalls).
A copy of the site plan.
Figure 3 - Market site plan in accordance with Council’s market
approval.
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4.0 Planning assessment
The proposed market is a consistent use in the Recreation and Open Space zone and required to
follow a code assessment application process if the market is conducted by a not-for-profit
organisation and located on Council land. In this case, The Pomona Country market is a not-for-
profit organisation and Stan Topper Park is Council controlled land resulting in a code assessment
application process.
An assessment against the relevant provisions of the codes is provided below.
4.1 Heritage Overlay Code
The site is affected by the Character Overlay and the former Pomona State School (Pomona and
District kindergarten and childcare centre) is located in the Park which is a Local heritage place.
While the site is affected by the heritage Overlay no building or building works result from the market
and as such there are no impacts to the heritage values of the former school or to the character of
the Park.
Every country village/town has markets and Pomona is no different. The market contributes to the
social fabric of historical Pomona and the casual lifestyle of the hinterland village. The markets
provide an outlet for farmers and hobby famers and local creatives to sell their wares in an informal
setting surrounded by one of Pomona’s historical sites.
4.2 Recreation and Open Space Zone Code
The application is required to be assessed against the Recreation and Open Space Zone Code and
the relevant provisions are provided below.
PO3
Development maintains the primary recreation function of land and maintains the ongoing provision
of recreation and open space land.
PO7
Temporary uses, such as markets or outdoor entertainment events, are supported by existing
facilities and do not significantly impact on the amenity, safe traffic environment and character of the
surrounding area.
The markets operate between the hours of 6.30am to midday with setup at around 5.30am to 6.00am
and pack up finished by 1:00pm each Saturday allowing the full usage of the park for recreational
activities the other 96% of the time. Noting that Stan Topper Park is not a sporting field that is booked
for sporting activities, but an open space area for community activities, with the main children’s
playground for Pomona located opposite the shops in Memorial Avenue under the trees.
The markets utilise the existing public amenities which, in accordance with the market permit, must
be left in a clean and tidy condition at the completion of the markets with an adequate supply of toilet
paper provided at the expense of the market.
While early setup may potentially have some small impact on nearby residents, it does not have a
significant impact on surrounding amenity as the market has been operating for many years and the
surrounding residents are used to the busyness on Saturday mornings. The market is part of
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Pomona’s fabric and character and is well supported by residents, local farmers and local handmade
producers and the like.
Light entertainment is provided and historically has been regulated by Council’s market permit to
comply with the noise emissions prescribed in the Environment Protection (Noise) Regulations 1997.
Similarly, lighting in the early mornings has historically complied with AS4282 – The Control of the
Obtrusive Effects of outdoor lighting. In this regard the amenity of the surrounding area is maintained
and not adversely affected by the operation of the market on Saturdays.
The streets surrounding Stan Topper Park are a slow speed environment with a pedestrian crossing
located across Pomona Connection Road to the Park. Pomona is a small hinterland village where
the road network is respected by the community and care is taken when approaching and in the
village area. The surrounding roads are sealed, in good repair and maintained to a reasonable
standard by Council, resulting in a safe traffic environment.
4.3 Business Activities Code
The application is required to be assessed against the Business Activities Code and the relevant
provisions are provided below.
AO30
The market is located on land included in the following zones:
(a) Major Centre zone;
(b) District Centre Zone;
(c) Local Centre Zone;
(d) Community Facilities Zone; or
(e) Recreation and Open Space Zone.
AO32.1
A minimum of 50% of stalls are used for one or more of the following:
(a) entertainment;
(b) sales of fresh food and produce;
(c) home-made goods; and
(d) activities conducted by or on behalf of a non-profit or community organisation.
AO32.2
Where market stalls are located adjacent to existing shops the market is not held on more than one
day per fortnight.
PO32
Markets:-
(a) promote community, entertainment, local food production, creative industries and non-profit
uses; and
(b) minimise economic impacts on established business in the vicinity of the market.
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AO33.2
Public toilets:
(a) are provided within the area of the market or are located within 250 metres of
the market;
(b) remain open and accessible for use during the market hours; and
(c) are maintained in a clean, safe and tidy state.
AO34.1
The use of amplified music, megaphones, public address systems and noise generating plant and
equipment is avoided.
AO34.2
Noise generated by the market complies with the level of noise emissions prescribed under the
Environment Protection (Noise) Regulations 1997.
AO34.3
Any outdoor lighting associated with the market is designed, installed, operated and maintained in
accordance with AS4282 – The control of the Obtrusive Effects of outdoor Lighting.
AO34.4
Heavy vehicles or commercial vehicles are not arriving on or parked around site before 6:00am
AO34.5
Any temporary lighting is dismantled immediately on closure of the markets.
The proposal fully complies with the above Acceptable Outcomes and performance outcomes when
considering the following-
• the market:
• is located in Stan Topper Park which is zoned Recreation and Open Space;
• has greater than 50% of the stalls selling fresh food and produce, home made goods or
activities conducted by not-for profit;
• is supported by local businesses;
• allows for local creative industries, food producers and the like to sell their produce/wares
without the ‘middleman’;
• is a place where community gathers, and where many social activities occurs;
• benefits local businesses as people venture in from surrounding farms and the nearby rural
residential areas to undertake other shopping and social activities during this time;
• public amenities are located within 250m of the markets being located in the north east corner
of Stan Topper Park and are left clean and tidy with adequate toilet paper at the completion of
the markets;
• Light entertainment is provided consistent with that expected at a country village market and
complies with the Environment Protection (Noise) Regulation 1997;
• Very little lighting is required, however in the cooler months’ early mornings, some lighting
maybe required for setup. The lighting, in accordance with the historical market permit issued
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by Noosa Council, is dismantled immediately after the markets and fully complies with AS4282
– The control of Obtrusive Effects of outdoor lighting; and
• Setup is from 5.30am to 6.00am with no vehicles permitted on the park prior to this time.
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4.4 Driveways and Parking Code
The proposal is required to comply with the minimum parking requirements outlined in the Driveways
and Parking Code.
For a market the following car parking is required:
(a) one space per stall (equivalent to); and
(b) sufficient spaces for the intended use.
The proposal provides carparking within the park for stall holders at a rate of at least 1 space per
stall fully complying with the code. Parking is sufficient for the market use as carparking is provided
within the surrounding streets and including nearly 50 car spaces within Church Lane unsealed road
reserve.
It is requested that Council considers that the market has been operating for many years without any
significant traffic or carparking issues. Figure 4 below shows the location of Church Lane car parking.
Figure 4 - Car parking area shown in Church Lane adjacent to the markets.
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5.0 State assessment and other matters
5.1. Matters established in the Planning Regulation
Pomona Connection Road is a state-controlled road, and the site is located within 25m of the state
transport corridor. It is considered that the proposed use is a “excluded material change of use” and
therefore does not trigger referral to SARA under Schedule 10, Part 9, Division 4, Subdivision 2,
Table 4, Column 2.
5.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part.
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6.0 Conclusion
This application seeks a Development Permit for a Development Permit for Material Change of Use
for a Market situated at Stan Topper Park 21 Reserve Street, Pomona. The proposed development
is code assessable and meets the relevant Performance Outcomes.
The Planning Act 2016 prescribes that a code assessment must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development
(The Noosa Plan 2020); and
(b) having regard to any matters prescribed by regulation.
Council, after carrying out the assessment—
(a) must decide to approve the application to the extent the development complies with all of
the assessment benchmarks for the development; and
(b) may decide to approve the application even if the development does not comply with
some of the assessment benchmarks; and
Examples—
1 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks.
2 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
response.
(c) may impose development conditions on an approval; and
(d) may, to the extent the development does not comply with some or all the assessment
benchmarks, decide to refuse the application only if compliance cannot be achieved by
imposing development conditions.
Example of a development condition—
a development condition that affects the way the development is carried out, or the management of uses
or works that are the natural and ordinary consequence of the development, but does not have the effect
of changing the type of development applied for
The assessment finds the development generally complies with the Overall Outcomes of the
applicable codes. The Assessment Manager’s favourable consideration of the above development
application is therefore recommended.
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