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2023-02-07 Planning & Environment Meeting Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 7 February 2023
commencing at 9.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tom Wegener (Chair), Karen Finzel, Clare Stewart, Brian Stockwell
“Noosa Shire – different by nature”
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Full text of the other 70 sections
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
TABLE OF CONTENTS
ITEM PAGE
1. ATTENDANCE & APOLOGIES 3
2. CONFIRMATION OF MINUTES 3
3. PRESENTATIONS 3
4. DEPUTATIONS 3
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE 4
1 MCU22/0048 & OPW22/0089 – REPRESENTATIONS TO DEVELOPMENT
APPROVAL FOR A LANDING AND PRESCRIBED TIDAL WORKS SITUATED AT
222 GYMPIE TERRACE, NOOSAVILLEON 4
2 MCU19/0017.03 & RAL19/0004.03 – MINOR CHANGE TO DEVELOPMENT
APPROVAL FOR COMMERCIAL BUSINESS – TYPE 1 OFFICE, COMMERCIAL
BUSINESS – TYPE 2 MEDICAL & ANCILLARY DWELLING UNIT &
RECONFIGURING A LOT – ACCESS EASEMENT AT 36 HOFMANN DVE,
NOOSAVILLE 8
3 MCU22/0154 – APPLICATION FOR A MATERIAL CHANGE OF USE (FOOD &
DRINK OUTLET, SHOPS & OFFICES) AT 214 DAVID LOW WAY, PEREGIAN
BEACH 26
4 MCU19/0089.02 & OPW19/0160.02 – PLANNING & ENVIRONMENT COURT
APPEAL NO. DB928/2022 – APPLICATION FOR A MINOR CHANGE TO A
DEVELOPMENT APPROVAL FOR SERVICE STATION AND SHOP AND
OPERATIONAL WORKS – SIGNAGE AT 54 MARY STREET, NOOSAVILLE 43
6. REPORTS FOR NOTING BY THE COMMITTEE 51
5 DEVELOPMENT ASSESSMENT FEES & CHARGES VARIATIONS FOR 1 JULY
2022 TO 31 DECEMBER 2022 51
6 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY REPORT–
DECEMBER 2022 58
7. CLOSED SESSION 71
Page 2 of 71
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 07 FEBRUARY 2023
1. ATTENDANCE & APOLOGIES
2. CONFIRMATION OF MINUTES
The Minutes of the Planning & Environment Committee Meeting held on 6 December 2022
be received and confirmed.
3. PRESENTATIONS
Nil.
4. DEPUTATIONS
Nil.
Page 3 of 71
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 07 FEBRUARY 2023
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU22/0048 & OPW22/0089 – REPRESENTATIONS TO DEVELOPMENT APPROVAL
FOR A LANDING AND PRESCRIBED TIDAL WORKS SITUATED AT 222 GYMPIE
TERRACE, NOOSAVILLE ON
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development
Index ECM/ Application/ MCU22/0048 & OPW22/0089
Attachments Nil
APPLICATION DETAILS
Applicant Noosa River Enterprises Pty Ltd
Development Approval Material Change of Use - Landing (Vessel Hire)
Operational Works – Prescribed Tidal Works
Representations Received on 21 December 2022
Number of Submissions for Two (2)
Original Application
PROPERTY DETAILS
Property Address Jetty 222 Gympie Terrace Noosaville
RP Description Lot 160 CP 908649
Land Area 1658 m²
Existing Use of Land Commercial jetty and landscaping – O Boat Hire
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Locality Noosaville
Zone Recreation and Open Space
Overlays Flood Hazard
Assessment Type Representations made to original approval
Page 4 of 71
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 07 FEBRUARY 2023
EXECUTIVE SUMMARY
This report reviews representations made by the applicant to two conditions of the development
approval to upgrade existing infrastructure for O Boat Hire at Gympie Terrace, Noosaville. The
applicant specifically seeks conditions 14 regarding electricity reticulation and 22 requiring an audit
of the fuel facilities be deleted.
Condition 14 addresses Council’s duty of care in terms of public safety and still supports the
operation of the office and fuel bowser from the landing.
Condition 22 requires an audit of the existing fuel facility and is important to ensure this facility is
operating in a safe and serviceable condition for users and will not cause environmental harm.
It is therefore recommended that the representations be refused given the conditioned
requirements are commensurate with the extent of works proposed and are reasonably required.
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 7 February 2023 regarding representations made in relation to
Application No. MCU22/0048 & OPW22/0089 for a Development Permit for Material Change of
Use - Landing (Commercial) and Operational Works – Prescribed Tidal Works situated at Jetty 222
Gympie Terrace Noosaville and:
A. Refuse to delete conditions 14 and 22 for the following reasons:
Condition 14 addresses Council’s duty of care in terms of public safety, is commensurate
with the extent of works proposed and still supports the operation of the office and fuel
bowser from the landing.
Condition 22 is required to be undertaken to ensure the fuel system is in a safe and
serviceable condition for users and will not cause environmental harm. The third party testing
of service lines was undertaken 12 months ago and it is reasonable to undertake a full audit
of the system and ensure it has not been affected by any recent or new weather events as
well as vibrational or physical impacts.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. BACKGROUND
An application to upgrade the existing infrastructure for O Boat Hire at 222 Gympie Terrace,
Noosaville was approved at Council’s Ordinary meeting on 17 November 2022. The upgrade
includes an extension of the length of the jetty head which is a series of pontoons. Additional
pontoons extending off the jetty are also proposed.
The applicant suspended the appeal period on 6 December 2022 and made representations on 21
December 2022 to the development approval conditions. The representations are detailed below
and are made in response to conditions 14 and 22 which impose a limitation on electrical
reticulation and require an audit to be undertaken of the fuel facility.
At the time the application was publicly notified 2 properly made submissions were received. The
submitters were primarily concerned with the potential impacts of the works, with no support for
more party boats or jet skis on the river, which the applicant was not proposing.
2. ASSESSMENT
An assessment in relation to each of the submitted representations is provided below:
Page 5 of 71
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 07 FEBRUARY 2023
Condition 14 – Electrical Reticulation
14. There must be no electrical reticulation system carrying electricity in excess of 24 volts
beyond the revetment wall unless all switches and power outlets are positioned above the
1%AEP flood level.
Applicant’s Representation
The condition relates to electrical reticulation being provided above the 1% AEP flood level where
positioned past the revetment wall. This condition is generally applied to residential pontoons and
jetties and seems to have been included as a general condition and hasn’t considered the
commercial use (office, which is powered) and fuel bowser at the end of the structure. On this basis
we request that the condition be deleted.
Assessment of Representation
It is agreed that this condition is regularly applied to residential pontoons, however it has also been
previously applied to commercial jettys and pontoons. It addresses Council’s duty of care in terms
of public safety, is not onerous and still supports the operation of the fuel bowser. While the
condition may mean the electrical reticulation system for the office and fuel bowser are required to
be modified and/or upgraded this is considered reasonable given the extent of works proposed to
be undertaken to the jetty.
Condition 22 – Audit of Fuel Facility
22. To ensure the safety of persons accessing the approved works and to prevent environmental
harm, a safety audit of the on-site fuel storage tanks, bowsers and associate pipework,
valves, vents and systems shall be conducted by a suitably qualified professional and
submitted to Council for approval prior to the use of the new works (pontoon/jetty extensions).
The audit shall demonstrate that the fuel systems are in a safe and serviceable condition or,
where necessary, identify repair and rectification requirements to meet the relevant
Australian Standards and industry best practice environmental management. Any repair
works must be completed, with certification submitted by the auditor to Council, prior to the
use of the new works (pontoon/jetty extensions).
Applicant’s Representation
The proposed development does not include any modification to the existing onsite fuel storage
tanks, bowsers and associated pipework, valves, vents or systems and they will continue to
operate as they currently do. In addition, the applicant has routine safety audits undertaken for the
current fuel facility and the most recent was completed on 14 December 2021 (refer attached
certificate). With no modifications to the fuel system proposed and a current certificate in place,
there is no requirement for an additional audit as requested by Council and we therefore request
that this condition is also deleted.
Assessment of Representation
It is acknowledged that the plans indicate the existing fuel bowser is to remain in place including
the associated fuel lines etc. being located on the existing jetty structure.
Page 6 of 71
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 07 FEBRUARY 2023
Figure 1 – Existing Jetty and Approved Plans with fuel bowser located at end of jetty
Notwithstanding this significant works are proposed to the existing jetty and it is reasonable that
the applicant be required to undertake the audit and any identified repair works to ensure the fuel
system is in a safe and serviceable condition. This will ensure the system has not been affected
by any recent or new weather events as well as vibrational or physical impact from the new works.
The third party testing of service lines is noted but this was undertaken over 12 months ago and it
is desirable to conduct a full audit of the system.
3. CONCLUSION & REASONS FOR DECISION
It is concluded that conditions 14 and 22 are reasonable and relevant conditions, being
commensurate with the extent of works proposed to the landing and ensure the electrical system
and fuel facility is operating safely and optimally.
Departments/Sections Consulted:
Chief Executive Officer x Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
x Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 7 of 71
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
2 MCU19/0017.03 & RAL19/0004.03 – MINOR CHANGE TO DEVELOPMENT APPROVAL
FOR COMMERCIAL BUSINESS – TYPE 1 OFFICE, COMMERCIAL BUSINESS – TYPE 2
MEDICAL & ANCILLARY DWELLING UNIT & RECONFIGURING A LOT – ACCESS
EASEMENT AT 36 HOFMANN DVE, NOOSAVILLE
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development
Index ECM / Application/ MCU19/0017.03
Attachments 1. Amended Proposal Plans
APPLICATION DETAILS
Application No. MCU19/0017.03 & RAL19/0004.03
Development Approval Material Change of Use - Ancillary Dwelling Unit, Commercial
Business - Type 1 Office, Commercial Business - Type 2 Medical and
Reconfiguration of a Lot – Access Easement
Applicant Trident Group Holdings Pty Ltd
Request Received On 20 December 2022
PROPERTY DETAILS
Property Address 36-40 Hofmann Drive, Noosaville
RP Description Lot 6 SP 319209
Land Area 7999 m²
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Major Centre (Business Park Precinct 5A)
Overlays Land subject to Acid Sulfate Soils
Bushfire Hazard Overlay
Assessment Type Minor Change to Development Approval
Page 8 of 71
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
EXECUTIVE SUMMARY
This report reviews an application to make a minor change to a development approval for medical,
offices and an ancillary dwelling unit at 36-40 Hofmann Drive, Noosaville, within the Noosa
Business Centre. Amended plans have been lodged, removing the approved third storey,
basement and ancillary dwelling unit, reducing the total gross floor area and on-site car parking.
The proposed changes while significant, constitute a minor change to the development approval
under the Planning Act 2016. The proposed changes generally align with the current approval in
terms of site layout, setbacks, built form features and landscaping and are consistent with the
Noosa Plan 2006 and the Noosa Plan 2020 requirements for the site.
Overall, the proposal will support the continued development and vision for the Noosa Business
Centre to be a mixed-use business centre, serving the highest level needs of business, residents
and visitors within the Shire and providing a diverse range of employment opportunities.
The application is therefore recommended for approval with several changes recommended to the
conditions to reflect the amended plans lodged.
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 7 February 2023 regarding Application No. MCU19/0017.03 &
RAL19/0004.03 to make a minor change to an existing approval for Material Change of Use -
Ancillary Dwelling Unit, Commercial Business - Type 1 Office, Commercial Business - Type 2
Medical and Reconfiguration of a Lot – Access Easement situated at 36-40 Hofmann Drive,
Noosaville and:
A. Approve the change and remove the Ancillary Dwelling Unit from the approved list of uses.
B. Amend conditions 2, 4, 6, 25, 29, 41, 47 and 54 to read as follows:
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with
the approved plans listed within this Decision Notice. The approved plans are listed in
the following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
DA-00.00 21 Cover Sheet, prepared by thomson adsett 19/12/2022
DA-10.12 5 Site Context Plan – Adjusted Boundary, 19/12/2022
prepared by thomson adsett
DA-21.20A 43 Ground Floor Plan, prepared by thomson 19/12/2022
adsett
DA-21.21 30 Level 1 Plan, prepared by thomson adsett 19/12/2022
DA-21.30 18 Roof Plan, prepared by thomson adsett 19/12/2022
DA-30.10 21 Elevations, prepared by thomson adsett 19/12/2022
DA-31.10 19 Sections, prepared by thomson adsett 19/12/2022
DA-31.11 13 Sections, prepared by thomson adsett 19/12/2022
D-02391.01-C Change to Carparking & Proposed 12.09.2019
Easements, prepared by Martoo Consulting
Page 9 of 71
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
4. The number of practitioners on site must not exceed 63 at any one time. Any
Community Management Statement (CMS), tenancy agreement, lease or the like must
specify the maximum numbers of practitioners permitted for each tenancy/lease area.
Details of the proposed arrangement must be submitted to Council prior to the
commencement of use.
6. The maximum height of the roofline of the development must not exceed 10.2 metres
above the finished ground level and the natural ground level.
25. A minimum of 188 car parking spaces & 8 scooter/motorcycle spaces must be provided
and marked on the site and made available and accessible at all times while the use is
open for business. The works must be undertaken in accordance with an Operational
Works approval and must include in particular:
a. 4 disabled parking spaces within the car parking total;
b. 1 additional car space for the exclusive use for Lot 5 on SP264847 as per the
requirements of Condition 33;
c. pedestrian routes generally in accordance with the approved plans;
d. dimensions, crossfalls and gradients in accordance with Australian Standard
AS2890: Parking Facilities for the relevant user class.
29. Pedestrian and bicycle facilities must be provided for the development. The works must
be undertaken in accordance with an Operational Works approval and must include in
particular:
a. pedestrian pathways between the proposed car parking area and the building/s;
b. adequate separation of all specific pedestrian routes from vehicle access and
manoeuvring areas, and clear demarcation by pavement marking, signposts or
changes in surface materials or levels;
c. signage and lighting at strategic locations to direct people to building entries and
public toilet facilities;
d. pedestrian refuge areas at strategic locations within the carpark to ensure safe
and convenient congregating of pedestrians waiting to cross major access
driveways;
e. a total of 50 bicycle parking spaces;
f. end of trip facilities involving a minimum of 10 lockers, 3 male and 3 female
showers and change rooms. Where end of trip facilities are provided in separate
tenancies, each tenancy must have a minimum of 2 lockers and 1 unisex
shower/change room, provided the overall minimum total is achieved.
41. Proposed signage for the premises must be in accordance with Council’s Local Law
requirements.
47. Revised detention tank design calculations and documentation is to be provided which
identifies all assumptions and the methodology applied in deriving the tank design and
which is based on the recommendations of Australian Rainfall and Runoff 2019, QUDM
and The Noosa Plan 2020 (Water Quality and Drainage Code). Ensemble temporal
patterns are to be utilised for the analysis as well as the current rainfall intensities
recommended by Bureau of Meteorology. The detention tank is to either achieve non-
worsening for the range of durations relevant to the downstream drainage network or
is to demonstrate flows are consistent with the design of the network.
Page 10 of 71
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
54. The developer must provide waste storage and disposal facilities generally in
accordance with Waste Management Plan identified as Appendix E as submitted to
Council on 14 June 2019 and Planning Scheme Policy No. 9 “Waste Management”.
The facilities must include an external impervious area correctly sized for all refuse and
recycling containers and suitably screened from public places and neighbouring
properties. A bin wash area is required with a cold-water tap, hose and drain outlet
connected to sewer, via a bucket trap. The drain outlet must be designed to prevent
storm water entry to the sewerage system.
C. Delete condition 15.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks approval to change to an existing development approval for medical, office
and ancillary dwelling and an access easement that is current over land within the Noosa Business
Centre. The applicant advises a review of operational requirements of the building for a medical
fit out has been undertaken and has determined that a higher tenancy floor to ceiling height is
required. In order to achieve this increased tenancy height within the maximum height limit for the
site, a change to the approved built form is proposed to reduce from 3 storeys to 2 storeys. In
addition, the ancillary dwelling unit (caretaker’s residence), storeroom and basement car park are
to be removed.
The applicant has submitted amended plans of the development, showing these primary changes
and submits the following:
• Building height generally remains as approved and does not exceed a maximum height of
10.2m at any point, with the need for increased lift height now removed.
• Landscape open space has increased from 1278m2 (16%) to 1350m2 (17%).
• Whilst the site cover remains as approved, the total gross floor area has decreased from
6363m2 to 3801m2.
• As a result of the decrease in gross floor area, the following changes are proposed to car,
motorcycle and cycle parking space numbers:
o Car parking spaces have been reduced from 281 spaces to 188 on site spaces;
o Motorcycle parking spaces have been reduced from 46 spaces to 8 spaces; and
o Cycle parking has been reduced from 82 spaces to 50 spaces.
Page 11 of 71
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Figure 1 - Locality
2. BACKGROUND
A development approval for a Material Change of Use - Ancillary Dwelling Unit, Commercial
Business - Type 1 Office, Commercial Business - Type 2 Medical and Reconfiguration of a Lot –
Access Easement was issued on 17 October 2019, with a Negotiated Decision notice issued 19
December 2019.
A minor change was approved on 16 July 2020 for design changes to the building, including an
extension to the basement to include a Medical Linear Accelerator Bunker. Exerts of the approved
plans are included in Figures 2 and 3 below.
A further minor change was refused by Council at its Ordinary meeting on 15 September 2021 for
design changes including increased height from 10.2 metres to 11.55 (roof fascia) and 12.15
metres (top of the ridge of the roof), and 11.3 metres for the lift and stair overrun to 13.25 metres.
The proposed changes also included amendments to the plan’s balconies, roof overhangs and
façade treatment.
Figure 2 – Renderings of Approved Plans
Page 12 of 71
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Figure 3 – Approved Site Plan in context with surroundings
3. ASSESSMENT
3.1 Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017;
• The Noosa Plan.
As the original application was lodged under the Noosa Plan 2006, the application must be
assessed against the Noosa Plan 2006, though Council may also have regard to the requirements
of the Noosa Plan 2020.
The following codes from the Noosa Plan 2006 are applicable to this development:
• Noosaville Locality Code
• Business Uses Code
• Landscaping Code
• Works Codes
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the
Planning Act 2016. An application for a minor change to a development approval can only be made
in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
• the development would not result in a substantially different development as while the total
gross floor area is to be significantly decreased the proposed changes do not impact the
Page 13 of 71
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
ability of the development to operate as intended or remove a component that is integral to
the operation of the development.
• the change does not include prohibited development;
• the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new matters prescribed by regulation;
• where the original application was code assessable, the change would not cause the
application to become impact assessable.
3.3 Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and is zoned Shire Business Centre (Precinct
E4) under the Noosa Plan 2006. Precinct E4 is identified as an employment precinct and is
intended to provide for expansion of the Noosa industrial estate and a link between the industrial
estate and business uses in the centre. The approved development is a consistent use within the
zone and the original application was code assessable.
Under the Noosa Plan 2020, the site is zoned Major Centre and continues to be included in a
precinct (Business Park Precinct 5A) wherein offices and health care services are identified as
consistent uses. The built form requirements of the Noosa Plan 2020 are generally consistent with
the Noosa Plan 2006, with the maximum height for the precinct of 2 storeys and 10 metres
maintained, but plot ratio increased from 0.6:1 to 0.8:1.
The amended proposal plans are included as Attachment 1 with Figures 4 and 5 below including
some exerts of these.
Page 14 of 71
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Figure 4 – Renderings of Proposal Plans
Figure 5 – Proposed Site Plans in context with surroundings
The proposed changes remain consistent with the Noosa Plan 2006 and Noosa Plan 2020
requirements. The site layout remains generally comparable with the approved site layout and the
building retains many of the approved design elements, being well articulated with strong horizontal
and vertical design elements with a good mix of building materials. Balconies, large eaves and
varying roof lines continue to be incorporated and provide a building that is consistent with the
Noosa architectural style.
No changes are proposed to the following external parameters:
• Frontage setbacks, landscaping and site access remain unchanged;
• Frontage building design, materials and street appearance remain unchanged with
exception of adjustment for storeys decrease and a central plaza opening;
• Site access remains unchanged;
• Roof area, bioretention basin, detention tank and stormwater discharge remains
unchanged, with updated stormwater management plan to be submitted with operational
works application.
In terms of car parking, the proposal remains compliant with the required car parking for the
development, proposing 188 car spaces and 8 motorcycle spaces. As similarly raised with the
Page 15 of 71
Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
assessment of the original application, it is not known how many practitioners will be on site and
there is a risk that if the site has a large number of practitioners as typically seen for medical
centres, parking may become an issue, given there is no on-street parking for potential overflow.
Based on the provision of 190 equivalent spaces (188 car spaces and 8 motorcycle/scooter
spaces), and 3 spaces needed for each practitioner, this would equate to 63 practitioners. It is
therefore considered that the condition for a maximum number of practitioners be retained and
updated reflective of the reduced car parking which in reflected in changed Condition 4. . This is
also considered important given the percentage of tandem parking spaces has been increased
from that previously approved, with 48 tandem spaces proposed.
The changes to car parking reduce disabled spaces from 8 to 2 spaces, 1 on each level adjacent
to a shared area. These numbers do not comply with AS2890.6 (Parking Facilities), as 4 spaces
are required (based on 188 car parks). There is scope for the parking layout to dedicate a space
either side of the shared area as shown on each level and therefore Condition 25a) is
recommended to be amended to reflect the required numbers.
A number of minor and consequential changes to other conditions are recommended as follows:
• Delete existing condition 15 that requires the amalgamation of the land which was previously
2 lots, as amalgamation has occurred;
• Amend Condition 41 to reflect Council’s Local Law for signage;
• Amend Condition 47 to reflect Noosa Plan 2020 climate considerations;
• Amend Condition 54 to include the word ‘generally’ in accordance with, as the layout of waste
area layout has changed and update reference to current PSP 9.
4. CONSULTATION
4.1 Referral Agencies
Not Applicable
4.2 Other Referrals
The application was forwarded to the following internal Council specialist:
• Coordinator Engineering
5. CONCLUSION & REASONS FOR DECISION
The proposed changes align with the current approval and the Noosa Plan 2020, in terms of the
required design and built form parameters, landscaping and car parking. While the proposed
changes reduce the proposed floor area substantially and remove the caretaker’s residence, the
changes are considered minor pursuant to the Planning Act 2016 and are therefore recommended
for approval. A number of consequential changes are required to the conditions primarily to update
the plan references, which includes the recommendation of Condition 15 to be deleted given the
land has now been amalgamated and thus this condition is redundant.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 16 of 71
Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Page 17 of 71
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
NOOSA HEALTH PRECINCT , NOOSAVILLE - TRIDENT GROUP HOLDINGS PTY LTD
DEVELOPMENT APPLICATION
DRAWING LIST PARKING AREA
DRAWING L'ST- 34 | PARKING SCHEDULE (GARS) | Av@a Schadua (GFA) breaccown re P iy a ¢ oa = A)
Bay Length Bey Weth| — Descrpton | Count Narre ‘Area wr ie = na 7
DA-CO.00 — |COVER SHEET am hee
DA-10.12 |STE CONTEXT PLAN- ADJUSTED GROUND =LOOR GROUND FLOOR —> Wadd
BOUNDARY 5000 2300, small Car 4 South Build 88 mt L———_== : eas ape 4
DA-21.204 GROUND FLOOR PLAN 5400 2300 Srrail Sar 4 North Buiding 4187 me ne OT Zs H bay
DA-21.30 [ROOF PLAN 5400 280 | Disabled Carma Bay * ae 1,191 mi ‘ 4 ae | ae 4
DA222" |LEVE_1- “URNINGPAIHS: 7000 3600 [Droo-CT Camark Bay 2 Grane total 3,800 rm c oe 2 a J Pa bi / BA
DA22.20 | GROUND FLOOR - TURNING FATHS. soto ted [Drop OT Carpark Bay 4 Noth Riding 1.34 mt eee | lee
Desig eens LeveL ae : cat ill oa hee 1
DA20.19 — |F EVATIONS GROUND =LOOR: 101 a : meas a /
gol _SaE a x em bse is | PARKING SCHEDJLE (SICYCLS) = ‘ fg = _ ha 4
5400 2600 _| Disabled Carpok Bay“ Description — | ount e : eres P : i is ieee 7
LEVEL 1: 87 4 ie i] sii > 3
Grand tota: 188 EROUNE FLOOR, a il wT | Lh |
eae | | Hh = ee ide hes
LANDSCAPED OPEN SPACE PARKING SOI EDULE (WOTORCYCLES} Saves 8 i eS | | |
4350m? (17% OF 8 TE} Tasepies mae ay, nt all ew ! \ i
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Page 17 of 71Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Page 18 of 71
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
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&Section 20
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Page 20 of 71
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
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Page 20 of 71Section 21
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Page 21 of 71
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
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Page 21 of 71Section 22
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Page 22 of 71
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HOFMANN DRIVE, NOOSAVILLE QLD Dimersinns take precedence over
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Fortitude Valley MINOR AMENDMENT DA
Qld 4006 Australia
TRIDENT GROUP HOLDINGS PTY LTD TA# 18.0048.17 thomsonadsett.com DA-30.10 ‘igrtai2022Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Page 23 of 71
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
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TRIDENT GROUP HOLDINGS PTY LTD TA# 18,008.17 thomsonadsett.com DA-31.10 19/12/2022
Page 23 of 71Section 24
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Page 24 of 71
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
3) emai SNe SSS A x ROOF
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Page 24 of 71Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Page 25 of 71
IMPORTANT NOTE: PROPOSED NEW EASEMENT puneane |
This plan was prepared for Ribarja Pty. Ltd. as a proposal plan to accompany a (Access) T—PYLON SIGN. [COUNCIL ADVERTISING | J— PYLON SIGN
development application to Noosal Council and should not be used for any other Abt. 4m? ePnes PES J J, (PtiON2
‘purpose. The dimensions, areas and Ication of proposed works as shown hereon : a DEEP PLANTING H
‘are subject to the issue of all relevant development permits by Noosa Council, a field ory ' ZONE - BIO |
survey by a Consulting Cadastral Surveyor and also any additional requirements of EXISTING TREE T Fa RETENTION }
Noosa Council and any other authority which may have requirements under any AWE i
Televant legislaton_In particular, no reliance should be placed on the the information ANN ,
con this plan for any financial dealings involving the land. This note is an integral aaa yor! ina FIRE HYDRANT F iB
part of this plan. oe Ne : pal Ae ae onoP beF
The base plan information was that obtained from a Drawing Numbered ew cae nk oror LINE OF EXISTING EASEMENT. |Z
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Page 25 of 71Section 26
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
3 MCU22/0154 – APPLICATION FOR A MATERIAL CHANGE OF USE (FOOD & DRINK
OUTLET, SHOPS & OFFICES) AT 214 DAVID LOW WAY, PEREGIAN BEACH
Author Acting Coordinator Planning - Nadine Gorton
Environment and Sustainable Development
Index EMC/ Application/ MCU22/0154
Attachments Nil
APPLICATION DETAILS
Applicant AG22 Pty Ltd ATF Peregian Beach Shopping Centre Discretionary
Trust
Proposal Material Change of Use - Food and drink outlet, Shop & Offices
Properly Made Date 2 September 2022
Information Request Date 4 October 2022
Information Response Date 2 November 2022
Decision Due Date 17 February 2023
Number of Submissions Not applicable
PROPERTY DETAILS
Property Address 214 David Low Way Peregian Beach
RP Description Lot 74 P 9313
Land Area 271 m²
Existing Use of Land 5 shop tenancies
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Local Centre
Precinct Not applicable
Local Plan Area Coastal Communities Local Plan Area
Overlays Land Subject to Acid Sulfate Soils Overlay
Assessment Type Code
Page 26 of 71
Section 27
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
EXECUTIVE SUMMARY
An application to redevelop 214 David Low Way, Peregian Beach has been lodged with Council.
The site is zoned Local Centre, has an area of 271m2 and forms part of the Peregian Beach village
having frontage to the David Low Way – Grebe Street service road and the village square.
The applicant proposes to partially retain the existing single storey building and remodel it to retain
two shop tenancies and convert three tenancies for a food and drink outlet. A new upper floor level
is proposed for office tenancies and a small food and drink outlet and balcony overlooking the
square. The proposed uses are consistent with the zoning intent for the site and the building form
incorporates a range of materials and finishes that are consistent with the contemporary coastal
built form of the area.
Whilst the building generally meets Planning Scheme requirements it does not comply with
carparking, landscape open space and setback requirements. The proposed areas of non-
compliance are considered acceptable due to the small area of the site, the existing built form of
the area and the provision of an infrastructure agreement to address carparking contributions.
RECOMMENDATION
That Council note the report by the Acting Coordinator Planning to the Planning & Environment
Committee Meeting dated 7 February 2023 regarding Application No. MCU22/0154 for a
Development Permit for Material Change of Use - Food and drink outlet, Shops and Offices situated
at 214 David Low Way Peregian Beach and:
A. Approve the application subject to 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
DA200-A A Proposed ground level plan prepared by DT Architect 19.01.2023
DA201BA B Proposed upper floor plan prepared by DT Architect 19.01.2023
DA202-A A Proposed section prepared by DT Architect 19.01.2023
DA203-A A Proposed elevations prepared by DT Architect 19.01.2023
DA204-A A Proposed elevations prepared by DT Architect 19.01.2023
DA400 - Finishes schedule prepared by DT Architect 19.01.2023
Building Appearance
3. Ground floor shopfront glazing along all frontages must be fully transparent to a
minimum of 65% of the street frontage to allow passive surveillance and encourage
social interaction and must be provided at full height (floor to ceiling).
4. Any security screens on the premises must consist of grille or translucent screens and
not solid shutters, screens or roller-doors.
Page 27 of 71
Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
5. All mechanical equipment and other service infrastructure located on the site must be:
a. located not less than 2 metres from a property boundary.
b. fully enclosed or screened such that they are not visible from the street frontages
nor adjoining properties. Roof materials must be non-reflective and designed with
colours and styles to minimise the visual impact of the development.
Weather Protection
6. Street awnings must be provided along the full length of the western, eastern and
southern frontages as shown on the approved plans. The awnings must have a
minimum width of 2.4 metres from the building line or the same unless otherwise
approved and must be designed to provide continuous solar and rain protection and
promote all weather activity.
7. All ground floor shopfront glazing must be protected against vandalism by the use of a
form of safety glass such as toughened or laminated glass.
8. The eastern balcony area above ground floor must not be enclosed by permanent
fixtures such as shutters, louvres, glass panelling or the like.
9. During operating hours, pedestrian areas and entrances/exits to all stairwells, lifts,
foyers and public toilets must be well lit with vandal resistant lighting and with intensities
to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”.
Lighting must be designed to reduce the contrast between shadows and well-lit areas.
10. The approved use must not operate outside the hours of 6am to 10pm seven days a
week, except for Food and Drink Outlet which may operate on Friday and Saturday
until 12 midnight.
11. The requirements of this condition must be included in the Community Management
Statement for any body corporate for the subject site.
Operations
12. The operation of the food and drink outlet and associated activities must not result in
environmental nuisances such as noise, visual or odour impacts that unreasonably
diminish the amenity of the area or surrounding uses.
13. Any live music must be contained within an enclosed acoustically treated environment.
14. Acoustic live music (not reliant on electric or electronic equipment) must cease to
operate in outdoor spaces by:
a. 9:00pm Sunday – Thursday and public holidays
b. 10:00pm Friday and Saturday
15. Amplified live music must cease to operate in an outdoor space by 7:00pm seven days
per week
Currency Period
16. This development approval lapses if the use has not happened by 16 February 2028
unless an application to extend the currency period is approved by Council.
Building Height
17. The maximum height of the development must not exceed RL17.36 as detailed on
proposed elevations DA203-A.
18. Certification must be submitted to Council from a Licensed Surveyor which certifies
that the building does not exceed the maximum height requirement of this Decision
Notice.
Page 28 of 71
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Performance Bond
19. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000
must be submitted to Council, to secure performance of all conditions of this approval,
prior to the issue of a Development Permit for Operational Works. The cash bond or
trading bank guarantee will be returned on performance of the conditions of approval
less any costs incurred by Council in respect of enforcing performance of this permit.
Council reserves the right to call upon the bond or guaranteed sum to effect compliance
with conditions.
Street Identification
20. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate,
the building name.
DURING CONSTRUCTION
Retention of Existing Trees and Vegetation
21. All trees and surrounding vegetation identified on the detailed survey DWG 204099
004 DS rev 0 for retention must be protected in accordance with AS 4970, Protection
of trees on development sites.
22. A qualified person * must be engaged for the duration of the works to:
a. Oversee installation of all tree protection fencing prior to commencement of any
works onsite.
b. Supervise tree protection within the development site and frontages, prior to,
during and following construction in accordance with AS 4970, Protection of trees
on development sites.
c. Undertake a risk assessment of the ‘Pandanus tectorius’ that is extending within
the development footprint, and carry out amenity pruning in accordance with AS
4373, Pruning of amenity trees to protect the tree during the construction
process.
*(Refer to Advisory Note)
Water & Sewer Connections
23. An underground connection to reticulated water and sewerage must be provided to the
development site in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to the development site.
Services
24. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
25. Certification must be submitted to Council from all relevant service providers (Energex,
NBN and Unitywater) which certifies that the development has met the requirements
of this Decision Notice and all applicable legislation at the time of construction.
Page 29 of 71
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Easements
26. Unless otherwise agreed in writing by the relevant service provider, any public or third-
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted
at no cost to the Grantee. Where the Grantee is Council or a service authority, the
easement documentation must be in accordance with the Grantee’s standard
easement terms. Draft easement documentation must be submitted to Council for
endorsement.
All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
27. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
DEMOLITION WORKS
Performance Bond
28. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000
must be submitted to Council prior to the issue of a Development Permit for Building
Works for demolition, to secure the demolition conditions of this approval. The cash
bond or trading bank guarantee will be returned on performance of the demolition
conditions of this approval less any costs incurred by Council in respect of enforcing
performance of these demolition conditions. Council reserves the right to call upon the
bond or guaranteed sum to effect compliance with conditions.
Demolition must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting,
air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any
other emissions in accordance with the nuisance provisions of the Environmental
Protection Act 1994.
Waste Management
29. A Waste Management Plan (demolition) must be submitted in accordance with
Planning Scheme Policy PSP9 - Waste Management and approved by Council’s Waste
Coordinator prior to issue of a development permit for Building Works for demolition,
removal, or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste
for the effective reuse and recycling of such materials. Segregated wastes attract
significantly reduced disposal fees at the landfill with some items free. Higher gate fees
are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable
and waste materials. These must be located so that they are convenient and safe to
use.
The Plan must contain the following information:
a. The areas for the storage and separation of waste shown on a site plan;
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Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
b. A waste management table as indicated below is to be completed showing how
waste material is to be segregated - recycled – reused or disposed; and
c. Table – Waste Management Table
Note * If a demolition contractor is undertaking works, then the Waste Management
table is to be completed by the demolition contractor.
Damage to infrastructure
30. Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Litter, erosion and sediment control
31. All waste materials must be removed from site. Litter, erosion and sediment control
Litter, erosion and sediment control measures must be installed and maintained until
soils are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or
potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm
water drainage system (e.g. roadside gutter).
Asbestos
32. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
33. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the
work commences. Notification must be made using Form 65: Notification of licensed
asbestos removal work, demolition work or emergency demolition.
34. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science
licenses businesses that transport asbestos waste, and landfills that accept this waste.
35. All building materials containing asbestos, including asbestos cement sheeting or
roofing and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
36. It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
demolition of a building, the existing sanitary drain upstream from the connection point
for a service provider’s sewerage system must be sealed watertight. This work is
deemed as notifiable Work and must be carried out by a suitably licenced plumber who
must submit an As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC
(Queensland Building Construction Commission) within 10 days of completing the
work.
B. Include the following advisory note in addition to that standard advisory notes :
Activities within Road Reserve/Pathways/Car spaces
1. Safe vehicle and pedestrian access in the vicinity of the development must be
maintained at all times. Should closures of footpath/roads/carspaces be necessary to
carry out construction works, a permit from Council’s Infrastructure Section must be
obtained prior to any works being undertaken.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 31 of 71
Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
REPORT
1. PROPOSAL
This application seeks approval to partially retain the existing single storey building at 214 David
Low Way, Peregian Beach, renovate it and construct a new upper floor. Two of the existing shop
tenancies are to be retained as shops with the remaining three converted into a food and drink
outlet. A new upper floor is proposed over the existing level accessed by a central lobby and
stairwell and will include 2 new tenancies for offices and a food and drink outlet.
The building design provides an awning at the first floor around the eastern, western and southern
facades, which is similar to the existing awning on site and surrounding buildings. The plans detail
a number of features including:
• Walls – rendered concrete
• Upper and lower awnings – timber cladding
• Central timber pergola
• Anodised aluminium shopfront windows
• Timber cladding and anodised aluminium windows to ground floor eastern elevation (facing
the village square)
• Upper floor open deck overlooking the village square.
Figure 1 – Locality
Page 32 of 71
Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Figure 2 – Floor Plans
Page 33 of 71
Section 34
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Figure 3 – Elevations
2. SITE DETAILS
2.1 Background
The application was initially lodged seeking approval for a food and drink outlet, shops, offices and
a caretaker’s residence. Following discussion with the applicant, the applicant changed the
application removing the proposed caretaker’s residence and replacing it with a small food and
drink outlet, due to concerns regarding the lack of on-site car parking for a resident caretaker. The
revised plans also reduced gross floor area to ensure compliance with the Noosa Plan
requirements.
2.2 Site Description
The site is a regular shaped lot of 271m2 with a 10.4 metre frontage to the David Low way – Grebe
Street service road and the Peregian Beach village square. It is currently occupied by a single
storey commercial building with five shop tenancies. The site is generally flat with no vegetation or
landscaping on site. The site is connected to all services with no easements burdening the title.
Council records identify only one development approval for the site being for a restaurant and
takeaway granted in March 1986 (TPC 1780).
Page 34 of 71
Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Figure 4 – Street View of Site
Figure 5 – Aerial of street
2.3 Surrounding Land Uses
The Peregian Beach village provides local convenience shopping with some offices and
businesses located in the village serving surrounding residents and visitors. A public village square
is located central to the village which the subject land also fronts. Land surrounding the village is
generally used for dwellings and low-density unit developments and the Peregian Beach Hotel and
Peregian Village Market (including the IGA) is located on opposite side of the David Low Way.
3. ASSESSMENT
3.1 Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017;
Page 35 of 71
Section 36
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
• Noosa Plan 2020.
3.2 State and Other Statutory Instruments
State Planning Policy
The Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) with
all state interests integrated into the planning scheme, apart from Natural Hazards, risk and
resilience – coastal hazards which is only partly integrated.
The State Planning Policy contains no applicable additional provisions for the proposed
development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the application:
SEQ Regional Plan
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region. .
3.3 Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
• Local Centre Zone Code;
• Coastal Communities Local Plan Code;
• Business Activities Code
• Acid Sulphate Soils Overlay Code; and
• Works Codes.
The subject site is located in Peregian Beach and is zoned Local Centre. The proposed uses are
identified as consistent for the zone and are required to follow a code assessable application
process.
Criteria Planning Scheme Proposal Complies
Building height
• storeys 2 storeys max 2 storeys ✓
• metres 8 metres 8 metres ✓
Gross floor area or 378m² max 378 m² ✓
Plot ratio 1.4:1 max. 1.4:1 ✓
Boundary setbacks
• Northern Side 0.0 metres min 0.0 metres ✓
• Eastern Village square 0.0 metres ground floor and 0.0 and 2.0 metres to façade. X
2.0 metres first floor Awning extends 2.5m into
reserve
• Western Frontage ✓
0.0 metres min 0.0 metres
• Southern Village ✓
0.0 metres min 0.0 metres
square
Length of wall 15 metres max 11 metres ✓
Page 36 of 71
Section 37
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Criteria Planning Scheme Proposal Complies
Landscaped open space 27 m² min Nil (3.5m2 ground floor X
planter)
Carparking Additional development - 4 Nil X
spaces
Bicycle Spaces 1 bicycle space 0 X
Coastal Communities Local Plan Code
The proposed uses are consistent with the Local Plan Code requirements for Peregian Beach,
providing for local convenience shopping, business and employment services for nearby
permanent residents and visitors to the area.
The proposed development successfully includes active street frontages to the service road and
to the village square with ground level frontages inviting interaction at the street level. The proposal
will maintain and support the informal village-like atmosphere through its design, with the proposed
food outlet fronting the square supporting a continued vibrant atmosphere.
The land is adjacent to a primary streetscape treatment area identified on the Framework and
Character Plan for Peregian Beach and the development appropriately addresses this area
proposing almost full glazing along this frontage and an architectural entry way central to the
building. This entryway includes space for the planting of a feature tree that will be able to grow
into the upper level void area. A mix of building materials is proposed in the façade finishes, with
the building designed to suit the local climate, incorporating balconies, eaves and wide awnings at
ground level and internal floor to ceiling heights of 3.2m to 3.43m with use of made of louvre
screens to the western elevation.
Figure 6 – Framework & Character Plan – Peregian Beach
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Section 38
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Local Centre Zone Code
The proposed uses are consistent with the zoning intent and are of an appropriate type, scale and
intensity for the centre in terms of the Noosa Shire Centre Hierarchy. The proposed building
maintains the maximum height for Peregian Beach of 8 metres, 2 storeys and will have a site cover
generally consistent with other buildings in Peregian Beach which are at or close to 100%.
The building design includes horizontal and vertical articulation, uses materials that reflect the local
streetscape character of the area and includes a landscape feature tree and upper-level balcony
plantings that lends interest to the building consistent with scheme requirements.
The proposed building does not comply with acceptable measure AO12.1 for setbacks from the
village green of 2m for the first floor, though is considered to comply with the corresponding
performance outcome PO12. The applicant proposes to construct the building to the boundary to
the village green at the ground level which complies with scheme requirements, however the upper
floor, comprising a roofed balcony extends into the setback area. The building façade of this upper
level is setback 5.5 metres from the boundary with the balcony to remain open softening the built
form. The proposed setbacks are generally consistent with the existing development adjoining to
the north as shown below in Figure 7.
Figure 7 – Existing buildings facing the Village Square
PO12
Buildings and other structures are appropriately designed and sited to:
a) provide amenity for users of the premises, as well as preserve the visual and acoustic privacy
of adjoining and nearby properties;
b) allow space for required vehicle parking;
c) preserve existing vegetation to buffer the proposed building from adjoining uses;
d) allow for landscaping between buildings;
e) maintain the visual continuity and pattern of buildings and landscape elements within the
street;
f) avoid large areas of continuous wall planes by varying the building setback and using
appropriate techniques to provide visual relief; and
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
g) help protect the natural character and visual amenity of the locality.
AO12.1
Buildings and roofed structures are set back at least:
a) Frontage:
i. 0.0 metres for the ground floor; and
ii. 2 metres for the first floor excluding Peregian Beach which is 0.0 metres.
b) Other boundaries:
i. for Pomona, Kin Kin Cooran and Boreen Point 0.0 metres for the ground and first floor;
and
ii. for Peregian Beach 0.0 metres for the ground and first floor excluding those properties
that adjoin Lot 373 P93119, the village green, which have a minimum setback of 0.0
metres for the ground floor and 2 metres for the first floor from the boundary with the
village green.
c) 3 metres from boundaries that adjoin land in a residential zone.
The proposal also falls short of the minimum area required for landscaping (10% of the site) though
the proposed site layout is considered consistent with many other developments in Peregian Beach
which provide little to no landscaping on site with developments benefiting from the landscaping
within the village square.
The proposal involves the replacement of the existing awning with a new awning in the same
location. The Outcomes of the Code state:
PO21
Street awnings are designed and located to:
a) provide continuous weather protection to pedestrians;
b) maintain the continuity and style of adjacent awnings, especially in relation to height, scale,
form and materials;
c) contribute to an attractive streetscape environment;
d) promote an active front by encouraging pedestrian use of the street;
e) provide a feeling of enclosure and human scale for pedestrians so as to contribute to the
“sense of place”; and
f) have an adequate clearance distance from the kerb to prevent obstruction.
AO21
Street awnings:
a) are provided along the full frontage of the building and cover the footpath where no other
weather protection is provided for pedestrians as part of the building design;
b) are set back a minimum of 1 metre from the kerb and where including timber posts, the posts
are set back not less than 1 metre from the kerb;
c) are waterproof;
d) conform with the height, form and materials of awnings on adjoining properties which share
the same frontage;
e) where falling towards the street, are no less than 2.5 metres at their lowest point or where
cantilevered, are no less than 2.7 metres at their lowest point;
f) use an awning slope of within 15 degrees of adjacent awnings;
g) are no more than 500 millimetres higher or lower than adjacent awnings that are less than 2
metres away; and
h) are no higher than 3 metres in height.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
The new awning is considered to comply with the above outcomes and will maintain the continuity
and style of the adjacent awnings noting that most awnings in the village are flat (illustrated in
figure 5).
The proposed development otherwise meets the Local Centre Zone Code requirements, including
provision for street awnings, building entries visible and easily identifiable, a design that creates a
safe environment, and opportunities for appropriate lighting.
Business Activities Code
The proposal meets the requirements of the Business Activities Code apart from the ground floor
space does not have a minimum ceiling height of 3.5m to allow flexibility of use and adaption of
this space for a range of uses. The ground floor has a minimum ceiling height of 3.2m which is
dictated by the existing built form which is being retained in part. The Business Activities Code
also seeks that uses do not operate outside the hours of 6am to 10pm seven days a week, apart
from a food and drink outlet which may operate until 12 midnight on a Friday and Saturday. These
hours are generally consistent with existing businesses in the village.
Works Codes
• Driveways and Parking Code
The Driveways and Parking Code requires that parking is provided at a minimum rate of 1 space
per 20m2 of gross floor area, excluding the kitchen and food storage areas of the food and drink
outlet. Excluding kitchen and food storage areas the development has an assessable area of
363m2 which equates to a requirement of 18 spaces. Notwithstanding, it is reasonable that car
parking requirements are based on the increased likely demand for car parking for the proposed
development. Given the existing building has a floor area of 276m2 which is equivalent to 13.8
spaces, the increase in parking demand is 4 spaces.
No on-site car parking is proposed by the applicant due to the nature of the site, and the applicant
instead proposes to make a monetary contribution in lieu of on-site car parking through an
Infrastructure Agreement. In this regard the applicant has signed an Infrastructure Agreement,
committing to pay a total contribution of $53,512.00 for the 4 spaces.
Council’s Policy for Contributions in Lieu of the Provision of Onsite Car Parking outlines the
circumstances under which a monetary contribution might be made, defines how contributions are
to be obtained and expended and the contribution amount per space for each locality. The
application of the policy is at the full discretion of the Council since it must be through an
Infrastructure Agreement.
The policy states that Council may accept monetary contributions in lieu of on-site parking, despite
the requirements of the Noosa Plan, having regard to the following:
1. The premises are significantly constrained in terms of having restricted access, a small site
area with limited onsite manoeuvrability, located near a road intersection or otherwise
encumbered and unable to be readily amalgamated with adjoining land;
2. It is not practical or desirable from a town planning perspective to provide the required
amount of car parking onsite due to the nature and type of development adjoining the land;
3. It is in the community’s interest to provide for alternative car parking arrangements because
of traffic and or pedestrian safety concerns that might be caused by the development;
4. The provision of onsite car parking and access is not practical or desirable from a character
perspective, being within a central area and where additional footpath crossovers would
adversely impact upon the streetscape or result in the loss of significant road side vegetation;
5. The locality would benefit more from improved public transport, pedestrian or cycle facilities
compared to the provision of additional car parking onsite; and
Page 40 of 71
Section 41
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
6. The development complies with the Noosa Plan or the Council has determined that there are
reasons why the development should be approved despite any conflict with the assessment
benchmarks, in accordance with section 63(5)(e) of the Planning Act 2016.
The proposal meets the circumstances under which a monetary contribution might be considered
as the land is significantly constrained being small in area and it is not practicable or desirable to
require on-site parking from a character perspective given the manner sites with frontage to the
village square have developed.
4. CONSULTATION
4.1 Referral Agencies
The application was referred to the following Referral Agencies:
• Department of State Development, Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency pursuant to Schedule 10, Part 4, Division 3, Table 1, Item 1 –
Contaminated premises (unexploded ordnance)
The Department responded on 26 September 20222 (Ref: 2209-31078 SRA) providing the
following condition:
1. Provide written confirmation to the Department of State Development, Infrastructure, Local
Government and Planning by an approved contractor on the Australian Government,
Department of Defence, Unexploded Ordnance (UXO) Panel that the subject site has been
remediated and cleared of unexploded ordnances.
4.2 Internal Council Referrals
The application was forwarded to the following internal Council officers:
• Coordinator Engineering
• Senior Environment Officer
4.3 Public Notification
The application was not required to be publicly notified in accordance with the Planning Act 2016
given the application is required to follow a code assessment process.
5. CONCLUSION & REASONS FOR DECISION
The applicant seeks approval to renovate and extend the existing commercial building on site and
create a two storey building that will comprise shops, offices and food and drink tenancies. The
proposed uses are consistent with the zoning intent for the site and the building form incorporates
a range of materials and finishes that are consistent with the contemporary coastal built form of
the area.
Whilst the building generally meets Planning Scheme requirements it does not comply with
carparking, landscape open space and setback requirements. The proposed areas of non-
compliance are considered acceptable due to the small area of the site, the existing built form of
the area and the provision of an infrastructure agreement to address carparking contributions.
Page 41 of 71
Section 42
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 42 of 71
Section 43
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
4 MCU19/0089.02 & OPW19/0160.02 – PLANNING & ENVIRONMENT COURT APPEAL
NO. DB928/2022 – APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT
APPROVAL FOR SERVICE STATION AND SHOP AND OPERATIONAL WORKS –
SIGNAGE AT 54 MARY STREET, NOOSAVILLE
Author Acting Manager Development Assessment, Patrick Murphy
Environment & Sustainable Development
Index ECM/ Application/ MCU19/0089.02 & OPW19/0160.02/ Case/DB928/2022 PKA
Group Pty Ltd
Attachments Nil
EXECUTIVE SUMMARY
This report reviews and recommends settlement of a current appeal with the Planning &
Environment Court against Council’s decision to refuse an application to change the permitted
operating hours from 5am to 4am of the service station and permit 4 round Helios lights located on
the canopy to be illuminated.
During the course of the appeal, the applicant provided a Noise and Lighting Amenity Report which
demonstrated that the proposed opening hours would not impact residents of the nearby
townhouses. The report also demonstrated that lighting of the Helios lights would not cause any
nuisance or visually impact on the surrounding area, given the extent of existing outdoor lighting
for the service station and their small size.
It is therefore recommended that the appeal be settled, with a number of conditions to be amended
to reflect the proposed changes to the development approval.
RECOMMENDATION
That Council note the report by the Acting Manager Development Assessment to the Planning &
Environment Committee Meeting dated 7 February 2023 regarding Planning & Environment Court
Appeal No. DB928/2022 and agree to settle the appeal generally in accordance with the following
changes to the development approval:
A. Amend conditions 5, 103 and 105 to read as follows:
5. The approved use must not operate outside the hours of 4am to 10pm.
103. Advertising devices 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
A-7001 7 Signage Elevations, prepared by V Architecture 20.12.2021
105. This approval authorises the following signs as defined by the planning scheme and
shown on the Approved Plans. In this regard the plans must be amended to reflect the
following:
a. The pylon sign must be setback at least 1.50 metres from the front boundary
b. Each side of the pylon sign must not exceed a total of 4m2 of signage
c. A maximum of one pylon sign (S6) and 4 Helios signs on the canopy with band
(S1) are permitted to be illuminated for the site.
Page 43 of 71
Section 44
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
REPORT
On 17 March 2022, Council at its Ordinary meeting resolved to refuse an application to change the
permitted opening hours of the service station from 5am to 4am and permit illumination of 4 BP
Helios signs on the awning facia for the following reasons:
1. The proposed change does not constitute a minor change to the development approval as
the change in hours will increase the severity of known amenity impacts and likely attract
further submissions objecting to the change were the application to be publicly notified given
the site’s proximity to residential properties.
2. The proposed trading hours do not comply with Overall Outcomes 2 (d) & (h) and
Performance Outcome PO11 & PO24 of the Business Activities Code as the proposed hours
will adversely impact on nearby resident’s amenity.
3. The proposed trading hours do not comply with Overall Outcome 2(m) and Performance
Outcome PO42 of the District Centre Zone Code as the proposed change in hours will impact
the amenity of nearby residential premises as nearby residents would not reasonably expect
the service to be operational at this time.
4. The proposed illuminated signage does not comply with Specific Outcome AO7 and Overall
Outcome O7 of the Advertising Devices Code within the Noosa Plan 2006 as it proposes
more than one illuminated sign and is not compatible with the visual amenity of the
surrounding area.
5. The proposed additional illuminated signage is not consistent with provisions of the Local
Law signage requirements as the proposal exceeds the maximum number of signs permitted
to be illuminated and is prohibited by the Local Law.
Council also resolved at the meeting to:
• request the CEO to convene a Councillor workshop for Councillor’s, to allow the review and
further discussion, regarding the signage laws, and associated policies and
• request the CEO to, if necessary, provide a report to a future Council meeting outlining any
changes, updates or improvements to signage laws and policies, as may be proposed at the
Councillor workshop.
A workshop was subsequently held with councillors in August 2022 which provided an overview of
the local law signage requirements and opportunities for discussion on the provisions. There were
no changes, updates or improvements to the signage laws identified as required at this workshop.
As a result of Council’s decision to refuse the application, the applicant lodged an appeal to the
Planning & Environment Court seeking that the minor change to the development approval be
approved.
Page 44 of 71
Section 45
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Figure 1 – Subject Site
During the course of the appeal, mediation was attended with the Court registrar wherein the
applicant offered to undertake further noise testing and analysis by an experienced acoustic
consultant to support the proposed change in opening hours from 5am to 4am. It was also
proposed that the report would review any potential impacts from the proposed lighting of the 4
round Helios signs, with the lighting already installed in the Helios signs but not switched on.
Page 45 of 71
Section 46
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Following the mediation, the applicant produced a revised Noise and Lighting Amenity report which
was reviewed by an external specialist consultant for Council. Council’s consultant raised a
number of issues, identifying some gaps in the report and consequently a further assessment and
supplementary report was prepared by the applicant.
Proposed Change to Operating Hours - Noise
The reports detail the results from undertaking background noise readings and use of a noise
model to predict noise levels at the adjacent 2 storey town houses to the north of the site between
4am to 5am, being the only sensitive receptors, which are relevant to this noise assessment.
Notably the southern facades of these townhouses do not have any doors or windows and thus
the receiver points were placed at the most exposed window on the eastern façade of each
townhouse. The 1.8m to 3m high acoustic fence required by this development approval has also
been installed.
The report concludes that the trading of the BP between 4am and 5am will have no adverse impact
upon sleep disturbance of adjacent residents in the townhouses given that:
• Resultant Lamax events will be both compliant with recognised sleep disturbance criteria;
and
• Lower than existing ambient Lamax levels from passing traffic.
Proposed Lighting of Helios Signs
The applicant seeks approval for the illumination of 4 small round BP Helios signs that are located
within the LED strip lighting on the canopy façade. An elevation of the proposed signage on site
is provided in Figure 3 below:
The existing approval permits the illumination of one sign, and the pylon sign is currently
illuminated.
The LED strip is also illuminated on the canopy façade, with the LED strip on the canopy not
regulated by the Noosa Plan 2006 signage requirements.
Figure 3 – Proposed 4 Helios Signs
The reports detail the results from a lighting survey conducted to obtain illuminance measurements
on the northern boundary of the site with the Helios Signs both off and on. The testing shows no
change in light spill with the Helios signs operating and is not surprising given the small area of
each of the signs.
Page 46 of 71
Section 47
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Figure 3 – Without Helios Signs as viewed from Northwest
Figure 4 – With Helios Signs as viewed from Northwest
Page 47 of 71
Section 48
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
The proposed illumination of signage whilst will result in more than 1 illuminated sign for the service
station contrary to the Probable Solution S7.2, will not impact the visual amenity of the surrounding
area given the extent of outdoor lighting for the service station. It will also not create a nuisance,
glare or a traffic safety hazard and therefore is considered to reasonably meet O7 of the Advertising
Devices Code. Further, while the proposed lighting would be contrary to the local law, the
application to change the development approval which included an Operational Works approval
for advertising devices, is able to be lodged, assessed and decided by Council under the Noosa
Plan 2006.
The relevant probable solutions and specific outcomes of the Advertising Devices Code under the
Noosa Plan 2006 are included below for Council’s reference.
S7.1 Illuminated signs are not located in a Residential Zone, Rural Zone or Open Space
Conservation Zone.
S7.2 Where the advertising device is illuminated, it:-
a) has a maximum luminance of 350 candelas per m²;
b) does not incorporate flashing lights;
c) is switched off between 11:00pm and sunset of the following day; and
d) is limited to 1 sign per tenancy.
O7 An advertising device only incorporates illumination and lighting where it:-
a) is appropriate to its setting and is compatible with the visual amenity of the surrounding
area;
b) does not cause an environmental nuisance or distraction;
c) does not create glare, reflecting or flaring of colours; and
d) will not create a potential safety hazard, including a traffic safety hazard.
Council’s consultant for this appeal has reviewed the Noise and Lighting reports and concludes
the following:
The revised assessment considered lighting impacts associated with the Helios sign at the northern
boundary (which was not previously assessed) and an assessment of headlight impacts for nearby
receptors. Based on a review of the information provided, …the consultant… is comfortable that
the assessment undertaken is suitable to support the approval of the development on lighting
grounds.
Similarly for noise, the report in my view, provides sufficient information to support the approval of
the application.
It is therefore recommended that the appeal be settled, with a number of conditions amended to
reflect the proposed changes to the development approval. The proposed changes can now be
considered minor under the Planning Act 2016 given the additional information clearly
demonstrates no impacts for residents nearby.
Previous Council Consideration
Ordinary Meeting, 17 March 2022, Item 4, Page 12
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 8 March 2022 regarding MCU19/0089.02 and OPW19/0160.02 to make a minor
change to an existing approval for Material Change of Use - Retail Business - Type 2 Shop &
Salon, Retail Business - Type 5 Vehicle Uses and Operational Works – Signage situated at 52-54
Mary St Noosaville and:
A. Refuse the change for the following reasons:
1. The proposed change does not constitute a minor change to the development approval
as the change in hours will increase the severity of known amenity impacts and likely
attract further submissions objecting to the change were the application to be publicly
notified given the site’s proximity to residential properties.
Page 48 of 71
Section 49
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
2. The proposed trading hours do not comply with Overall Outcomes 2 (d) & (h) and
Performance Outcome PO11 & PO24 of the Business Activities Code as the proposed
hours will adversely impact on nearby resident’s amenity.
3. The proposed trading hours do not comply with Overall Outcome 2(m) and
Performance Outcome PO42 of the District Centre Zone Code as the proposed change
in hours will impact the amenity of nearby residential premises as nearby residents
would not reasonably expect the service to be operational at this time.
4. The proposed illuminated signage does not comply with Specific Outcome AO7 and
Overall Outcome O7 of the Advertising Devices Code within the Noosa Plan 2006 as
it proposes more than one illuminated sign and is not compatible with the visual
amenity of the surrounding area.
5. The proposed additional illuminated signage is not consistent with provisions of the
Local Law signage requirements as the proposal exceeds the maximum number of
signs permitted to be illuminated and is prohibited by the Local Law.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C. Request the CEO to convene a Councillor workshop for Councillors, to allow the review and
further discussion regarding the signage laws and associated policies.
D. Request the CEO to, if necessary, provide a report to a future Council meeting outlining any
changes, updates or improvements to signage laws and policies, as may be proposed at the
Councillor workshop.
Ordinary Meeting, 16 June 2022, Item 2, Page 5
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 7 June 2022 regarding Planning & Environment Court
Appeal D928 of 2022 and agree to defend the appeal.
Finance & Risks
Should Council not wish to settle the appeal, there will be further costs in defending the appeal and
while advice on prospects has not been received from Council’s barrister, based on the further
noise and lighting reports and advice by Council’ specialist consultant, a favourable outcome by
trial is unlikely.
Consultation
External Consultation - Community & Stakeholder
Thynne Macartney – Tim Quirk
Page 49 of 71
Section 50
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Internal Consultation
Nil
Departments/Sections Consulted:
Chief Executive Officer x Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
x Waste & Environmental Health Property
Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 50 of 71
Section 51
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
6. REPORTS FOR NOTING BY THE COMMITTEE
5 DEVELOPMENT ASSESSMENT FEES & CHARGES VARIATIONS FOR 1 JULY 2022 TO
31 DECEMBER 2022
Author Acting Manager Development Assessment, Patrick Murphy
Environment & Sustainable Development
Index ECM/ Subject/ Fees and Charges
Attachments Nil
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Acting Manager Development Assessment to Planning &
Environment Committee Meeting dated 7 February 2023 regarding waiver or partial waiver of
development application fees for 1 July 2022 to 31 December 2022 as detailed in the Report
REPORT
As part of Council’s budget each year, Council adopts its Fees and Charges for the financial
year, including its regulatory and commercial charges for lodgement of development applications.
The fees and charges policy for development applications cover a number of policy provisions
including delegation to the Director, Environment & Sustainable Development to “partially or
wholly waive a development fee where strict application of the scheduled fee is obviously
unreasonable for the type of application being received.”
This report identifies proposed applications where a fee variation has been granted for the last 6
months. Between 1 July 2022 and 31 December 2022 there were 13 proposed applications
where a partial waiver or full waiver of the development application fees was granted, with 12
agreed to in part and 1 refused. $66,235 was waived in fees for the 6 month period.
The tables below set out a summary of each application and the reason for the fee waiver.
Application No Applicant Application Details Fees & Charges Fee
Policy approved
MCU22/0115 Weir Distilling Material Change of Use Fee: $10,658.00 $7,993.50
Company P/L, C/- – Bar less 25% for use
Adams + Sparkes within an existing
Town Planning building =
$7,993.50 x 3
(inconsistent impact
assessment)
An application has been lodged for a Bar within the Medium Impact Industry Zone in Noosaville. The use is
inconsistent within this zone and therefore subject to the x3 multiplier.
Page 51 of 71
Section 52
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
The Bar is proposed to operate in association with the site’s distillery and the applicant suggests it will be
ancillary to the site’s industrial operations and therefore seeks that the code assessable application fee
apply. The bar will operate Friday to Sundays finishing at 10pm, be limited to a maximum of 60 seated
persons by bookings only and is proposed to be a destination and educational experience, rather than a
typical bar/pub.
There are no built form changes and therefore the 25% discount will apply with no multiplier given the
proposed bar is to operate ancillary to the distillery.
Application No Applicant Application Details Fees & Charges Fee
Policy approved
MCU22/0094 Stockwell Material Change of Use Fee: $13,170.00 x $19,755.00
Development – Childcare Centre 3 = $39,510.00
Group (inconsistent impact
assessment)
An application has been lodged for a Childcare Centre within the Business Park Precinct of the Noosa
Business Centre (Civic). The use is inconsistent within this Precinct and therefore subject to the x3 multiplier.
The Childcare Centre is proposed to be consistent and code assessable under the amendments to the
Noosa Plan 2020. The proposed use will support the Noosa Business Centre, providing childcare facilities
for staff working in the centre and residents. It is reasonably located in proximity to residential uses and
adjacent to the covenant area. The proposal does not achieve the required 10m landscape setback to the
frontage.
The applicant requests a partial refund in application fees suggesting the fee charged of $59,265 is
excessive.
It is agreed the fee charged of $59,265 is excessive and has been incorrectly calculated with no
consideration given to the proposal’s merits. It is recommended the multiplier of 3 not apply but a 1.5
multiplier be applied given the proposal’s non-compliance with the required 10m landscape setback totalling
$19,755.
Application No Applicant Application Details Fees & Charges Fee
Policy approved
OPW22/0104.01 JNE Developments Minor Change to $2330.00 $1525.00
Pty Ltd, C/- Tod Operational Works
Consulting
The applicant is seeking a fee reduction to apply to his minor change application.
The applicant is requesting to delete condition 3 requiring the submission of revised plans to add a ‘cut-off’
drain in lots 1 and 9 to capture run off from the adjoining properties. The requirement for a cut off drain in
lots 1and 9 was removed from the higher order approval (RAL21/0017 condition29b) as the condition was
originally written when there was retaining walls proposed in this location. It was subsequently agreed by
Council that the cut off drains were unnecessary if no retaining walls were proposed. The cut off drain will
direct overland flows across the road verge and particularly concrete footpath which is likely to result in
long term maintenance issues (potentially slippery footpath).
The application will need to be referred to an external consultant and therefore a 35% reduction in fees is
suggested, in order to cover Council assessment and the consultant fees.
Application No Applicant Application Details Fees & Charges Fee
Policy approved
Page 52 of 71
Section 53
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
MCU22/0202 Katie Rose Cottage Material Change of Use Fee: $9646.00 X $4823.00
Hospice C/- JFP -Residential Care 0.5 = $4823.00 for
Urban Consultants Facility not for profit
organization
$4823.00 X 3 =
$14,469.00 Impact
inconsistent
The applicant is seeking a fee reduction for a Residential Care Facility application.
The site currently has a Community Residence ‘Hospice’ use on site and the application seeks to increase
the size of the hospice to incorporate 2 new bedrooms, additional office & storage facilities, ancillary bath
& change rooms and a new multi-purpose room totalling an additional 375 m² of GFA.
The existing use is exempt development in accordance with Schedule 6 of the Planning Regulations 2017,
however, the proposed expansion will result in a new use triggering assessment.
The applicant suggests that even with a 50% fee reduction for not for profit organisations, the fee of
$14,469.00 is still unreasonable with due consideration of the scale of the development and
acknowledging the community non-profit status applying to the applicant and the critical community
service it provides to those in need. The applicant suggests a fee of $3,500.00 would be more appropriate
for the required assessment of the application.
The requested fee reduction is not supported as a report will be required to be prepared for Council and
advice sought on sight lines as the existing access appears unsafe which has been previously conveyed
to the operators. It is though agreed that no multiplier be charged as the application is for the expansion of
an existing community residence that has significant community benefit. A further 50% reduction may also
be applied for not for profit organisation. Therefore, a fee of $4,823.00 is considered more appropriate to
cover Council costs.
Application No Applicant Application Details Fees & Charges Fee
Policy approved
MCU22/0148 Pomona Village Material Change of Use $7,046.00 $1,195
Kitchen - Extension to liquor
licence for outdoor
dining area
Pomona Village Kitchen is a small restaurant/café which has been operating for quite some time. The use
was established when it was accepted development and no code assessable application was required. The
use has since expanded into the outdoor areas.
Council have been supportive of the unapproved outdoor areas on a temporary basis due to the covid
pandemic by agreeing to support the liquor licence in the outdoor area.
However, the applicants have been requested to apply for the relevant approval for the outdoor area for
some time.
The applicants state they cannot afford the scheduled fee due to their current economic circumstances and
still need to fund a planning consultant to apply on their behalf.
The applicant has requested Council waiver the fee in total but proposes that the fee be reduced to $1,000
if the total waiver is not supported.
It is recommended that the minimum delegated fee of $1195 be charged. This application is likely to require
a report to council as there is no additional car parking proposed and contributions in lieu of car parking are
unlikely to be a viable option for the business.
Application No Applicant Application Details Fees & Charges Fee
Policy approved
Page 53 of 71
Section 54
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
Material Change of Use
MCU22/0149 Noosa Heads Warehouse: $6,248
– Warehouse & Indoor
SLSC C/- Pivotal 155 m² = $6214
Sport and Recreation
Perspective Pty Ltd
Indoor Sport &
Recreation:
305 m² - $6282
Total: $12,496.00
An application has been lodged for a Warehouse and Training Facility associated with the Noosa Heads
Surf Life Saving club within the Venture Drive Enterprise Precinct of the Medium Impact Industry Zone
making it an impact assessable, consistent application.
The applicant states that the Noosa Heads SLSC is a not for profit entity and does not have a liquor licence
and that it is separate from the Noosa Heads Supporters Club. The applicant suggests that a 50% reduction
to the fees should be applied in line with the fees and charges which provides a 50% discount for community,
sporting and religious organisations not in possession of a permanent liquor or gaming licence.
The applicant further suggests that a further 25% reduction should be applied as the use will be within an
existing shed.
The applicant would like the fee of $4,252.88 to be applied which covers the warehouse use and only 192
m² use area for the indoor sport and recreation (less 50% and less 25%).
The applicant has not taken the full use area for the indoor sport and recreation into account. Furthermore,
the 25% discount for use within an existing building is only applicable when there are no built form changes.
This application includes the addition of a mezzanine floor and a small entry cover at the front of the shed.
The proposal does not meet the acceptable outcome for car parking, with a potential report to Council
The 50% discount is considered appropriate as the use is not connected to the Noosa Heads Supporters
Club making the fee of $6,248.00 applicable.
Application No Applicant Application Details Fees & Charges Fee
Policy approved
Material Change of Use
MCU22/0169 Noosa Women’s $2457 less 50% for $1228.50
– Community Use –
Shed not for profit
Women’s Shed
organisation =
$1228.50
An application has been lodged for a Community Use – Women’s Shed at Wallum Lane Noosa Heads. The
application is a community use and is eligible for a 50% discount to the fees being a community/not for profit
organisation in accordance with Council’s fees and charges policy.
The applicant has requested a full waiver of fees as the proposed use of the buildings will be to empower,
mentor, support and enhance the social, emotional and physical well-being of women through tool-based
skills for continued independence and growth.
The site already houses the established Men’s Shed.
Council’s fees and charges offer a 50% reduction to all community groups and not for profit organisations,
and does not offer a full fee waiver, given there is some cost to Council in assessing their application.
Therefore, a full fee waiver is not supported and the group will need to seek some funding to cover to the
development application fees. Notably a similar fee was charged for the Men’s Shed on the same property.
Application No Applicant Application Details Fees & Charges Fee
Policy approved
MCU22/0176 Robert Dunbar – Material Change of Use $6,214 less 25% for $2,330.00
C/- Adamson Town – Food & Drink Outlet use within an
Planning existing building =
$4,660.50
An application has been lodged for a Food & Drink Outlet within an existing shop at The Islander Resort
along Gympie Terrace. There is an existing approval for units and ancillary facilities on the site. Tenancy
21 was approved as a shop under the 1985 Planning Scheme.
Page 54 of 71
Section 55
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2023
The site is within the Tourist Accommodation Zone where a Food & Drink Outlet is Code Assessable along
Gympie Terrace.
The applicant has requested a reduction of fees as the proposed use is within an existing building and has
a floor area of less than 100 m². The applicant further states that the development is entirely consistent with
the Tourist Accommodation Zone in this location and is fully compliant in terms of the provision of carparking.
There is minimal assessment required as there are no built form changes. It is therefore recommended that
the minor change fee be applied.
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
RAP22/0032 Stephan Bryan C/- Referral Agency - $2,355 x 1/5 $971.00
JDBA Certifiers Planning – Dwelling multiplier due to
House non-compliance =
$3,532.50
Less fee paid for
Referral Agency
Building - $971 =
$2561.50
An application has been lodged for a Dwelling House in the Low Density Residential Zone in Peregian
Beach. The dwelling house has various areas of noncompliance which include site cover (51%), setbacks
(two sides) and less that 75% eaves (51%). This triggers a RAP (Referral Agency Planning).
The application was lodged on 9 September 2022 and loaded as a RAB (Referral Agency Building). The
applicant paid the relevant fee.
The applicant is requesting that the RAB fee be applied due to the minor nature of the non-compliances and
due to the delay caused between the internal referral. The applicant further advises that the non-
compliances were identified at time of lodgement and they were not advised it needed to be assessed by
Planning until 4 October 2022.
The applicant further states that the decision of which section should assess the application within Council
should have no bearing on the applicant. The delays have caused considerable cost increase associated
with the construction of the dwelling.
The applicant further quotes the fees charged by other Councils and requests the assessment fee be
reduced to what should be the applicable fee, noting the non-compliances directly relate to design and siting
matters.
The application will not meet statutory timeframes due to the delays caused internally. The lesser RAB fee
is considered insufficient, and the RAP fee is more appropriate without the multiplier applied, making the
fee $2355 less $971 already paid = $1384.
Application No Applicant Application Details Fees & Charges Fee
Policy approved
132001.210392.6 Gary Mounsey – Minor Change to Aged $2330.00 $1225.00
C/- Fluid Building Care (addition of carport
Approvals to unit 1)
An application has been lodged for a Minor Change to an Aged Care Facility. The change involves the
addition of a carport to a single unit within a multiple dwelling development. The applicant states that the
proposed building work is for a non-habitable, single storey, unenclosed carport and should be considered
a minor extension.
Previous changes in this complex have been assessed as GIA’s, due to their minor nature, but this carport
is proposed within the setback area and over a sewer easement and can therefore not be assessed as a
GIA. The applicant demonstrates that there is another structure built over the sewer easement within the
site.
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The applicant further states that although the carport will be encroaching within the 6m road frontage
setback, it is to be located behind the significantly vegetated and landscaped road reserve and will not be
visible by the opposite residents or road users of Lake Weyba Drive.
The fee for a minor change is $2330. The applicant is requesting that Council apply the minor change to a
Dwelling house, which is $1225. The assessment will be minor, and it is therefore recommended that the
minor change to a Dwelling house be applied.
Application No Applicant Application Details Fees & Charges Fee
Policy approved
Operational Works for
Not yet lodged Noosa AH & I $1225.00 $612.50
Landscaping,
Society
Earthworks & Clearing
Vegetation
An application is about to be lodged for Operational Works at the showgrounds in Pomona.
The application includes various aspects of work. The applicant is a not for profit organization and therefore
entitled to 50% discount on fees.
The applicant is requesting a full waiver of fees. The fees applied are already the minimum fee in the
Schedule of fees and charges.
The works proposed are going to require some assessment and site inspections and therefore the full waiver
of fees is not supported. The fee of $612.50 is applicable.
Application No Applicant Application Details Fees & Charges Fee
Policy approved
Minor Change to
OPW20/0004.01 Lee Smith C/- Bax $2330.00 $565.00
Operational Works for
Engineering
Stormwater, Drainage
Works, Earthworks,
Roadworks &
Landscaping
An application has been lodged for a minor change to an Operational Works approval for Stormwater,
Drainage Works, Earthworks, Roadworks & Landscaping at 30 Pine Street Cooroy.
The application involves a change to the type of driveway only and the applicant has requested the vehicle
crossover fee be applied instead of the minor change fee.
The works proposed are fairly minor and the assessment required will be minor too. Therefore, the reduced
fee is considered appropriate.
Previous Council Consideration
The fees and charges for development applications for this period were considered by Council at
the special budget meeting in June 2022.
Finance
The agreed variations to development application fees had no significant impact on the budget
for 2022/2023.
Risks & Opportunities
The fee variations are considered to be reasonable and adequately justified.
Consultation
External Consultation - Community & Stakeholder
Nil
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Internal Consultation
Nil
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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6 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY REPORT–
DECEMBER 2022
Author Acting Development Assessment Manager, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/Subject/ All Applications
Attachments 1. List of Applications decided by Delegated Authority – December 2022
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 7 February 2023 regarding planning applications that
have been decided by delegated authority.
REPORT
The Local Government Act 2009 allows, by resolution, a local government to delegate its powers
to the Mayor, CEO, a standing committee or a joint standing committee and the CEO to delegate
those powers to another employee of Council.
Under the current delegations for the Planning Act 2016 the ability to manage, assess and decide
a range of development applications are delegated to officers with the exception of the following
which are reported to Council for a decision:
a) an application for a variation request mentioned in section 61 of the Planning Act 2016 to
vary the effect of the planning scheme;
b) the approval of an application where there is substantial non-compliance with a stated policy
of the Council or a high order provision of the Planning Scheme being a desired
environmental outcome, or an overall outcome of a code;
c) the refusal of any application where Council is the assessment manager;
d) requests for change representations, and change applications to change or delete conditions
that were imposed by Council at an Ordinary Meeting or a Special Meeting;
e) and an application for a proposed development of significant community interest.
It should be noted though that due to the strict time frames of the Planning Act 2016, officers under
the current delegations have the ability to decide an application where the application has the
potential for 'deemed approval'.
In accordance with the current delegations, a wide range of development applications are decided
by Council officers each month, with a limited number of applications reported to Council for a
decision.
Attachment 1 lists applications that are decided by delegated authority during the month of
December 2022 (excluding applications seeking to remove a tree(s) adjacent to a building or
structure):
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Previous Council Consideration
Council receives monthly reports on planning applications that have been decided by delegated
authority.
Finance
Nil.
Risks & Opportunities
Nil.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Nil.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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ATTACHMENT 1
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ATTACHMENT 1
Decision Issued Under Delegated Authority
1 Application ID: 132000.200084.1
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Wayne Chung, Winnie Chung, Healthygold Pty Ltd TTE
Registered Plan: Lot 193 SP 129564
Location: 10 Swanbourne Way, Noosaville
Proposal: 19234 DA- Change to Development Approval - Add Two Shade Sails to Child Care Centre -
Wayne & Winnie Mei-Ling Chung & Healthygold Pty Ltd - Fluid Building Approvals
Decision: Approved
Decision Made Date: 19/12/2022
2 Application ID: 51993.575.01
Application Type: Material Change of Use - Other Change to Approval Code
Applicant: Pace Planning Pty Ltd
Registered Plan: Lot 1 BUP 13368, Lot 2 BUP 13368, BUP 13368
Location: Vista Alegre 1/11 & 2/11 Ventura Street, Sunrise Beach
Proposal: TPC 2515 - Other Change to DA - Alts & Adds to Unit 1 (DUPLEX DWELLING) - Pace
Planning
Decision: Approved
Decision Made Date: 19/12/2022
3 Application ID: 51995.1534.03
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Angelique Nadia Sweetman McInnes, Hugh Stuart McInnes
Registered Plan: Lot 5 BUP 104876, BUP 104876
Location: Casa Romana 5/6 Advance Place, Sunrise Beach
Proposal: TPC 2830 - Change to Development Approval - Change Dimensions of Patio & Add New
Deck and Spa to Unit 5 (MULTIPLE DWELLING- 6 UNITS) - Hugh & Angelique Mcinnes -
Casa Romana - Fluid Building Approvals
Decision: Approved
Decision Made Date: 19/12/2022
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4 Application ID: 51997.2399.01
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Raymond Kenneth Smith, Meagan Jane Smith
Registered Plan: Lot 8 SP 116711, SP 116711
Location: Riverside Noosa 4/235 Gympie Terrace, Noosaville
Proposal: 12517 TC - Change to Development Approval - Add Retractable Awning to Unit 4
(MULTIPLE DWELLING - 8 UNITS (COMBINED WITH 12516 TP) - Meagan & Raymond
Smith - Brennan Planning
Decision: Approved
Decision Made Date: 09/12/2022
5 Application ID: DBW/22/0081
Application Type: Building Works Assessable Against the PS - Code
Applicant: EarthCert Pty Ltd
Registered Plan: Lot 606 RP 883862
Location: 33 Masthead Quay, Noosaville
Proposal: Structures Within 4.5m of Revetment Wall - EarthCert Pty Ltd
Decision: Approved
Decision Made Date: 15/12/2022
6 Application ID: DBW22/0112
Application Type: Building Works Assessable Against the PS - Code
Applicant: Sharon Janice Schmidt
Registered Plan: Lot 25 RP 43995
Location: 16 Rectory Street, Pomona
Proposal: Alterations & Adds to Dwelling in Character Area - Sharon Schmidt - MyCert BCQ
Decision: Approved
Decision Made Date: 15/12/2022
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7 Application ID: DBW/22/0130
Application Type: Building Works Assessable Against the PS - Code
Applicant: Donald Briggs, Aline Briggs
Registered Plan: Lot 10 RP 908176
Location: 54 Gwandalan Road, Lake Macdonald
Proposal: Secondary Dwelling (Biodiversity) - Don & Aline Briggs - Coastal Building Certifications
Decision: Approved
Decision Made Date: 08/12/2022
8 Application ID: DBW22/0131
Application Type: Building Works Assessable Against the PS - Code
Applicant: Rachael Sophi Armstrong, Neil Gaghan
Registered Plan: Lot 11 SP 143416
Location: 57 Hayward Road, Lake Macdonald
Proposal: Dwelling House (Riparian & Ag Land) - Neil Gaghan & Rachael Armstrong - Brennan
Planning Pty Ltd
Decision: Approved
Decision Made Date: 08/12/2022
9 Application ID: DBW/22/0133
Application Type: Building Works Assessable Against the PS - Code
Applicant: EarthCert Pty Ltd
Registered Plan: Lot 15 RP 899841
Location: 24 Musa Vale Road, Cooroy
Proposal: Shed (Biodiversity) - EarthCert Pty Ltd
Decision: Approved
Decision Made Date: 06/12/2022
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10 Application ID: DBW22/0140
Application Type: Building Works Assessable Against the PS - Code
Applicant: Billie-Jo Erb
Registered Plan: Lot 1 SP 197585
Location: 586 Cooroy Belli Creek Road, Black Mountain
Proposal: Shed Outside of Building Envelope - Billie-Jo Erb - Pinnacle Certification
Decision: Approved
Decision Made Date: 08/12/2022
11. Application ID: DBW22/0142
Application Type: Building Works Assessable Against the PS - Code
Applicant: EarthCert Pty Ltd
Registered Plan: Lot 322 MCH 3591
Location: 7 Eastern Branch Road, Kin Kin
Proposal: Shed in Biodiversity/Riparian - EarthCert Pty Ltd
Decision: Approved
Decision Made Date: 06/12/2022
12. Application ID: DBW/22/0144
Application Type: Building Works Assessable Against the PS - Code
Applicant: Kenneth Patrick Willis
Registered Plan: Lot 4 RP 894113
Location: 44 Pine Street, Cooroy
Proposal: Additions to Dwelling House (Biodiversity) - Kenneth Willis - Adams + Sparkes Town
Planning
Decision: Approved
Decision Made Date: 19/12/2022
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13 Application ID: DBW/22/0154
Application Type: Building Works Assessable Against the PS - Code
Applicant: Building Approvals United QLD
Registered Plan: Lot 11M11111
Location: 39 Tristania Drive, Marcus Beach
Proposal: Additions to Dwelling House (Carport in Coastal Protection) - Building Approvals
United Qld
Decision: Approved
Decision Made Date: 20/12/2022
14 Application ID: DBW 22/0155
Application Type: Building Works Assessable Against the PS - Code
Applicant: Christopher William Sykes
Registered Plan: Lot 566 SP 291328
Location: 25 Ross Crescent, Sunshine Beach
Proposal: Additions to Dwelling House (Coastal Protection) - Christopher William Sykes -
Brennan Planning Pty Ltd
Decision: Approved
Decision Made Date: 22/12/2022
15. Application ~«-DEW220162,sts=~=<“CS~*é‘“‘~*SOS*~<“<;*<“‘“‘<2 2C*~S”W”!
Application Type: Building Works Assessable Against the PS - Code
Applicant: Mathew David Saggers
Registered Plan: Lot 354 P 93145
Location: 15 Spoonbill Street, Peregian Beach
Proposal: Carport (Landslide & Setback) - Matthew Saggers - Fluid Building Approvals
Decision: Approved
Decision Made Date: 13/12/2022
Page 5 of 12
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16 Application ID: DBW22/0168
Application Type: Building Works Assessable Against the PS - Code
Applicant: George Benjamin Smith
Registered Plan: Lot 193 SP 157049
Location: 11 Crab Apple Court, Black Mountain
Proposal: Additions to Dwelling House (Biodiversity) - George Smith - Survey Mark Pty Ltd
Decision: Approved
Decision Made Date: 08/12/2022
17 Application ID: MCU17/0510.01 & OPW17/0535.01
Application Type: Combined Application - Material Change of Use & Operational Works - Minor Change to
Approval
Applicant: Allastair Mouat, Kelly-Marie Mouat
Registered Plan: Lot 2 SP 295958
Location: 3 Vision Court, Noosaville
Proposal: Combined Application - Change to Development Approval - Addition of Mezzanine (Industrial
Business Type 2 (Production, alteration, repackaging & repairing) & Ancillary Dwelling Unit &
Operational Works Roadwork, stormwater, Drainage Work, Earthworks & Landscaping -
Alistair & Kelly-Marie Mouat - Building Suncoast Green
Decision: Approved
Decision Made Date: 19/12/2022
Page 6 of 12
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18 Application ID: MCU22/0031 & OPW22/0062
Application Type: Combined Application - Material Change of Use &
Operational Works - Code
Applicant: Pace Planning Pty Ltd
Registered Plan: Lot 4 SP 301620
Location: 11C Church Street, Pomona
Proposal: Multiple Dwelling (20 units) - Pace Planning Pty Ltd & Operational works —
Clearing of Vegetation
Decision: Refused
Decision Made Date: 21/12/2022
Application Type: Combined Application Material Change of Use & Operational Works - Minor Change to
Approval
Applicant: Stuart James Gibson, Janine Veronica Gibson
Registered Plan: Lot 322 RP 880346, Lot 322 RP 880346
Location: 38 Saltwater Avenue, Noosaville
Proposal: Change to the Development Approval - Landing & Jetty - Stuart & Janine Gibson C/- The
Jetty Specialist
Decision: Approved
Decision Made Date: 12/12/2022
20 ~=Application ID: MCU22/0082 & OPW22/0134
Application Type: Combined application - Material Change of Use & Operational Works- Code
Applicant: Taylor Court Development P/L
Registered Plan: Lot 1 SP 324340
Location: 1 Taylor Court, Cooroy
Proposal: Low Impact Industry - 2 Tenancies (Changed to 3) & Stormwater, Earthworks,
Landscaping, Access, Car Parking - Taylor Court Development Pty Ltd C/- Building
Suncoast Green
Decision: Approved
Decision Made Date: 08/12/2022
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21 Application ID: MCU22/0084
Application Type: Material Change of Use - Code
Applicant: Richard Dean Klinge TTE
Registered Plan: Lot 12 SP 216079
Location: 62 Gateway Drive, Noosaville
Proposal: Warehouse & Caretakers Accommodation - Richard Dean Klinge TTE - Brennen
Planning Pty Ltd
Decision: Approved in Part — Caretaker’s Accommodation Refused
Decision Made Date: 22/12/2022
22 = Application ID: MCU22/0128
Application Type: Material Change of Use - Code
Applicant: Paul Francis Cajetan Desouza, Janelle Kay Desouza
Registered Plan: Lot 7 SP 115866
Location: 178 Davis Road, Cootharaba
Proposal: Dwelling House (Biodiversity & Landslide) - Paul and Janelle Desouza - Adapt Town
Planning + Development Management
Decision: Approved
Decision Made Date: 06/12/2022
23. Application ID: MCU22/01 40
Application Type: Material Change of Use - Code
Applicant: Robyn Lynette Kildey
Registered Plan: Lot 616 C 56014
Location: 7 Ruby Street, Cooroy
Proposal: Multiple Dwelling (4 units) - Robyn Kildey - Murray and Associates (Qid) Pty Ltd
Decision: Approved
Decision Made Date: 14/12/2022
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24 = Application ID: MCU22/0146 & RAL22/0019 & OPW22/0213
Application Type: Combined Application - Material Change of Use, Reconfiguration of a
Lot and Operational Works - Code
Applicant: Integra Partnerships
Registered Plan: Lot 44 RP 139776
Location: 14 Wyandra Street, Noosa Heads
Proposal: Dual Occupancy, reconfiguring a Lot (1 lot into 3 community title subdivision &
Roadworks, Landscaping, Stormwater & Clearing Vegetation - Integra
Partnerships - Pivotal Perspective Pty Ltd
Decision: Approved
Decision Made Date: 09/12/2022
25 = Application ID: MCU22/0149
Application Type: Material Change of Use - Impact Applicant:
Noosa Heads Surf Life Saving Club Inc
Registered Plan: Lot 1 SP 173113, SP 173113 & SP 187860
Location: 1/11B Venture Drive, Noosaville
Proposal: Warehouse and Indoor Sport & Recreation - Noosa Heads Surf Life Saving Club - Pivotal
Perspective Pty Ltd
Decision: Approved
Decision Made Date: 16/12/2022
26 = Application ID: MCU22/0169
Application Type: Material Change of Use - Code
Applicant: Noosa Women's Shed
Registered Plan: Lot 17 SP 239726
Location: Sewerage Treatment Plant Wallum Lane, Noosa Heads
Proposal: Wallum Lane Noosa Heads - Community Use (Women's Shed) - Noosa Women's Shed
Decision: Approved
Decision Made Date: 19/12/2022
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27 ~— Application ID: MCU22/0170
Application Type: Material Change of Use - Code
Applicant: KX Pilates
Registered Plan: Lot 1 BUP 105301, BUP 105301
Location: 8 & 1/8 Venture Drive, Noosaville
Proposal: Indoor Sport & Recreation (Pilates) - KX Pilates - RG Strategic
Decision: Approved
Decision Made Date: 12/12/2022
28 Application ID: MCU22/0173 & OPW22/0246 & RAL22/0025
Application Type: Combined Application - Material Change of Use, Reconfiguration of a Lot & Operational Works
- Code
Applicant: Integra Partnerships
Registered Plan: Lot 43 RP 139776
Location: 12 Wyandra Street, Noosa Heads
Proposal: Dual Occupancy & Demolition - Integra Partnerships - Pivotal Perspective Pty Ltd
Decision: Approved
Decision Made Date: 19/12/2022
29 = Application ID: MCU22/0205 & OPW22/0310
Application Type: Combined Application - Material Change of Use & Operational Works - Code
Applicant: Simon Edward Harle
Registered Plan: Lot 221 N 21857
Location: 34 Cooran Court, Noosa Heads
Proposal: Landing & Jetty - Simon Harle C/- The Jetty Specialists
Decision: Approved
Decision Made Date: 19/12/2022
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30 = Application ID: OPW20/0004.01
Application Type: Operational Works - Minor Change to Approval
Applicant: Lee Gavin Smith
Registered Plan: Lot 1 RP 72902, Lot 1 RP 72902
Location: 30 Pine Street, Cooroy
Proposal: Minor Change to Development Approval - Road work, Drainage work & Earthworks - Lee
Smith C/- Bax Engineering Pty Ltd
Decision: Approved
Decision Made Date: 19/12/2022
31. = Application ID: RAP22/0011
Application Type: Referral Agency Planning - Referral Agency Response - Planning
Applicant: Coastal Building Certifications Pty Ltd
Registered Plan: Lot 384 RP 178548
Location: 16 Paluma Street, Sunrise Beach
Proposal: Dwelling House (Setbacks) - Coastal Building Certifications
Decision: Approved
Decision Made Date: 14/12/2022
32 ApplicationID. + ~«=RAP2N002%6.2=2°2°22°0 °°
Application Type: Referral Agency Planning - Referral Agency Response - Planning
Applicant: Magda Ellen Condon, Elliott Todd Condon
Registered Plan: Lot 168 P 93135
Location: 16 Lyrebird Court, Peregian Beach
Proposal: Dwelling House (Garage width & Setbacks) - Magda & Elliot Condon - Bartley Burns
Decision: Approved
Decision Made Date: 02/12/2022
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7. CLOSED SESSION
Nil.
Page 71 of 71