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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 11 April 2017
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell, Tony Wellington
“Noosa Shire – different by nature”
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Full text of sections 2 to 91 (of 106)
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 HOUSING NEEDS ASSESSMENT 3
2 SUBMISSION TO PROPOSAL BY ECO CAMP PTY LTD TO RECLASSIFY
FISH HABITAT AREA AT ELANDA POINT 14
3 LOCAL GOVERNMENT INFRASTRUCTURE PLAN (STORMWATER - DSS) 22
4 LGIP SUBMISSION ON MINISTER'S GUIDELINES AND RULES 26
5 DEVELOPMENT OF THE CLIMATE CHANGE ADAPTATION PLAN 35
6 OPW16/0189 - DEVELOPMENT APPLICATION FOR OPERATIONAL WORKS
PRESCRIBED TIDAL WORKS - EXTENSION TO AN EXISTING DECK 290 GYMPIE
TERRACE NOOSAVILLE 45
7 MCU16/0099 & OPW16/0218 - DEVELOPMENT APPLICATION FOR MATERIAL
CHANGE OF USE FOR A SERVICE AND UTILITY TYPE 3 (TOWER) AND
OPERATIONAL WORKS FOR ACCESS AT 23 JIRRIMA CRESCENT, COOROIBAH 58
8 MCU16/0075 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
OF PREMISES - DETACHED HOUSE (19) AT 90 BEACH ROAD, NOOSA NORTH
SHORE 72
9 MCU16/0012 - PLANNING & ENVIRONMENT COURT APPEAL 5023 OF 2016
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR RETAIL
BUSINESS TYPE 2 SUPERMARKET AT 5 GARNET STREET, COOROY 103
CLOSED SESSION -
Page 2 of 106
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 HOUSING NEEDS ASSESSMENT
DOCUMENT INFORM AT ION
Author Principal Strategic Planner, Rowena Skinner
Planning & Infrastructure Department
Index ECM/ Projects & Contracts/ Planning Scheme Review 2016 - Planning
Studies
ECM/Subject/Planning Instruments – Social Policy and Housing
Attachments 1. Noosa Council Housing Needs Assessment prepared by Briggs &
Mortar Pty Ltd (229 page attachment provided separately to this report)
EXECUTIVE SUMMARY
This report brings forward a Housing Needs Assessment for Noosa Shire, prepared by Briggs and
Mortar Pty Ltd. The Housing Needs Assessment is a requirement of the State Planning Policy -
State Interest Guideline on Housing Supply and Diversity, and is a key initiative of Noosa’s Social
Strategy of 2015.
The Housing Needs Assessment is intended to provide a clear understanding of the current
housing situation in Noosa Shire and with consideration of local demographics, project housing
needs into the future. It also reviews competing interests between permanent residents and short
term visitors for housing stock.
The Housing Needs Assessment finds that Noosa Shire is well supplied with larger detached
houses but appears to have a limitation on housing choice and that for some members of the
Noosa Shire community there is a lack of housing that meets their specific needs. Particular issues
are:
• Housing affordability, especially for low income households and key workers;
• A lack of accessible or adaptable housing for older people and people with specific needs;
• A theoretical mismatch of housing size and household size;
• A shortage of affordable and appropriate aged accommodation;
• A lack of housing diversity, and particularly smaller dwellings;
• Low levels of social and emergency housing;
• Conflict between resident and visitor accommodation.
Recommendations, primarily for the planning scheme review process, are focussed on improving
housing choice and facilitating a greater mix of housing styles.
RECOMMENDATION
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 11 April 2017 and endorse the Housing Needs Assessment prepared
by Briggs & Mortar for the purpose of informing the drafting of the new planning scheme.
Page 3 of 106
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
REPORT
The Noosa Social Strategy of 2015 identified, under the theme of Accessible, Diverse and
Affordable Communities, that Council would undertake a Housing Needs Assessment to inform
planning and advocacy. Also, a Housing Needs Assessment is a requirement of the Queensland
State Planning Policy – State Interest Guideline on Housing Supply and Diversity and is intended
to inform the preparation of a new planning scheme. Consequentially local consultants Briggs and
Mortar Pty Ltd were engaged to prepare the Housing Needs Assessment.
1. Households, Housing Supply and Dwelling Characteristics
From the Housing Needs Assessment, the earlier Community Profile and publications released
from the Queensland Government Statisticians Office, it is evident that Noosa Shire has a
distinctive demographic profile, reflective of its attraction as a coastal lifestyle destination. At 30
June 2015 the estimated resident population of Noosa Shire was 53,515 persons. Over the 10
years from 2005 to 2015 the average annual growth rate was 1.2%, noticeably less than that for
the State of Queensland at 2.0%. Resident growth rate is anticipated to slow further in the future.
The draft SEQ Regional Plan suggests the population of Noosa Shire will increase by 9,500
between 2015 and 2041, reaching a figure of 63,000.
At 30 June 2015 the proportion of the estimated resident population aged 65 years and over for
Noosa Shire was 22.4%, higher than the State figure of 14.4%. Compared to the State average
most age groups over the age of 45 are over represented.
The median age for Noosa Shire residents at 30 June 2015 was 47.2 years, which had risen from
42.7 in the preceding 10 years. The Queensland Government predicts it will be 50.6 years by 2036.
By comparison the median age for the State has risen from 35.9 years to 36.9 years in the same
10 year period, and it is predicted to reach 39.9 years by 2036.
At the 2011 census 5.0% of Noosa Shire residents were in need of assistance with a profound or
severe disability. This was slightly higher than the State figure.
At the 2011 census there were a reported 18,922 households, of which 23.6% were lone person
households. This proportion is only slightly higher than the State’s. At 1.1% and 4.0% respectively
the proportion of multiple family households and group households were both marginally lower
than the State figures. The occupancy rate for Noosa Shire was 2.4 persons per household, slightly
lower than the State figure of 2.6.
At the 2011 census there were a reported 13,912 families in Noosa Shire, 47.8% of which were
“couple families without children”; 35.8% of which were “couple families with children”; and 15.6%
of which were one-parent families.
Of the 18,920 occupied private dwellings counted in Noosa at the 2011 census, 80% (or 15,135)
were separate houses, 1,874 were semi-detached, 1,644 were apartments, 196 were
caravans/cabins/houseboats and 63 were something other (such as improvised housing or a flat
attached to a workspace).
The draft SEQ Regional Plan calls for an additional 5,900 dwellings to be provided in Noosa Shire
during the 20 years from 2011, the majority of which will be through infill development.
Since the date of the 2011 census, building approval has been given for over 1,700 net additional
dwellings in Noosa Shire. At 79% the majority were for detached houses and approximately 1/3
of these had a listed floor area of 300m2 or more and nearly 18% had a stated project value of
$500,000 or more (which does not include land value). Approval was given for 116 multiple
housing units, 74 duplex dwellings (37 duplexes), 41 secondary dwellings and 258 independent
retirement living units. During this period only 3 rural “cottages” were specifically built as visitor
accommodation.
Page 4 of 106
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
The following table from Briggs and Mortar’s report highlights that the most common form of
household is the 2 person household followed by the 1 person household (accounting for a total of
nearly two thirds of all households). By comparison, at 44.7% the most highly represented dwelling
size was 3 bedrooms followed by 4 bedrooms at 27.2%. Therefore a theoretical mismatch occurs
where small households (of 1 or 2 people) are living in large dwellings (or 3 or more bedrooms).
Obviously this may be through preference however in some instances it may be through a lack of
choice.
Figure 1 Household Size by Dwelling Size Noosa Shire 2011
Household Bedrooms Not Total
Size stated
None 1 2 3 4 5+
One person 73 548 1,443 1,873 501 61 168 4,667
(24.4%)
Two persons 22 183 1,506 3,973 2,030 215 78 8,007
(41.9%)
Three persons 7 8 286 1,363 894 137 19 2,714
(14.1%)
Four persons 0 11 107 1,015 1,168 183 13 2,497
(13.1%)
Five persons 3 0 19 244 458 149 6 879
(4.6%)
Six persons 0 0 3 56 115 86 0 260
(1.4%)
Seven 0 0 0 7 30 25 0 62
persons (0.3%)
Eight or more 0 0 0 6 12 10 0 28
persons (0.1%)
Total 105 750 3,364 8,537 5,208 866 284 19,114
(0.5%) (3.9%) (17.6%) (44.7%) (27.2%) (4.5%) (1.5%) (100%)
According to the 2011 census Noosa Shire has a high proportion of fully owned homes (36.1% of
occupied private dwellings). 31.9% are being purchased and 28.5% are rented.
Within the private housing market there is a high proportion of unoccupied dwellings, many of which
were holiday homes, and also dwellings occupied only by visitors/tourists on Census night 2011.
The number of new rental bonds lodged with the Residential Tenancy Association, across most
forms of housing has been decreasing over the last few years.
Median rents for flats and units in Noosa Shire are quite comparable with the State figures however
rents for houses are typically higher than the State. Median rents for most dwelling types have
trended upwards over the last decade and there has been a decline in rental vacancy rates over
the last five years from around 4-5% to around 1-2%.
The median dwelling sale price in Noosa Shire rose by an estimated annual average rate of 1.8%
between 2005 and 2015, a slightly lower rate than the State’s; but the median dwelling sale price
in Noosa Shire has remained higher than the State at all times between 1998 and 2015.
There were 383 public housing rental dwellings in Noosa Shire, more than half of which were in
Tewantin, and other significant numbers in Cooroy, Sunrise Beach and Noosa Heads. Around
50% of households living in public housing in Noosa Shire in 2015 were lone person households,
and around 25% were single parent households. Around 54% of households residing in public
housing had a member of the household with a disability.
There is a perceived mismatch in dwelling size and household size in public housing dwellings,
with many smaller households in larger dwellings. Of all the households on the Social Housing
Page 5 of 106
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
Register, 59% were lone person households and 80% were households where a member of the
family had a disability.
Around 50 households on the public housing waiting list were categorised as homeless. Some
on the waiting list had been waiting at least 10 years.
There is very limited community housing available in Noosa Shire, with only 21 community housing
rental dwellings. There is a very limited amount of transitional and emergency housing available
in Noosa Shire, with government services located out of the area (many in Nambour).
2. Housing Needs for Specific Groups
Aged Accommodation
Despite increasing availability of home care and people being able to stay in their own homes
longer, there is forecast to be a shortfall of Residential Aged Care places in Noosa Shire and
particularly in the coastal urban areas where younger/independent retirees are currently well
represented.
Benchmarking aged care provision at a local government or locality scale is no longer undertaken
by the Australian Government, and data provided by the Australian Government is structured
around aged care planning regions. The Sunshine Coast aged care planning region encompasses
the local government areas of Sunshine Coast, Noosa and much of Gympie Region (including
Gympie itself but excluding Kilkivan). At this regional level the number of allocated residential aged
care places and home care places are already lower than national benchmarks. With population
growth and delivery of new facilities there can be temporary deficits or surpluses however by 2026,
both residential and home care places are projected to be in deficit, even if all places that have
been provisionally allocated are delivered.
The Housing Needs Assessment examined aged care beds that have been allocated amongst the
existing facilities at Kabara Hostel Cooroy, Ozcare Noosa Heads, Carramar Hostel and Noosa
Nursing Centre Tewantin, or provisionally allocated at Noosaville even though no facility has been
built and no development approval granted.
Additionally, a number of additional aged care facilities are proposed or approved however aged
care places have not been allocated to these facilities by the government as far as can be
determined:
Palm Lake Care has a current development approval for a 120 bed aged care facility with its
Retirement Resort at Cooroy
Sundale Tewantin has a current development approval for a 60 bed aged care facility within
its proposed Retirement Village at Tewantin
Blue Care has development approval for a 118 bed aged care facility at Grasstree Court,
Sunrise Beach.
It is not understood why these approved facilities have not proceeded, however, even if all of these
facilities are provided, a shortfall of 87 places would again emerge by 2031, and grow to a shortfall
of 199 places by 2036.
There is also a theoretical shortfall in the number of independent living units and while some of this
need may be met by increasing smaller, affordable dwellings through community, and allowing
secondary dwellings for unrelated parties, it is anticipated that there will be an ongoing and possibly
increasing demand for retirement communities.
Page 6 of 106
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
People with a Disability
Noosa Shire currently has a relatively high proportion of people who need assistance with one or
more core activities including self-care, mobility and communication because of a long-term health
condition, disability or old age, and this will only increase over time as the population ages.
Special accommodation in Noosa Shire for people with disabilities was found to be extremely
limited. These people can also be in low income groups. Of all the households on the Social
Housing Register, 80% were households where a member of the family has a disability.
The rollout of the National Disability Insurance Scheme (anticipated 2017 on the Sunshine Coast)
may add to existing demand as people choose to leave current housing arrangements to enter into
private market and community housing options. However, while the NDIS has brought attention to
the needs of people with a disability, housing has not been central to its priorities, and only around
28,000 or 6% of NDIS participants, most likely those with profound rather than moderate disability,
will be eligible for Specialist Disability Accommodation (SDA) funding. Housing stress and
undersupply faced by a much broader group of people with disability who are ineligible for SDA
support remains a challenge.
There has been very little uptake of voluntary universal housing design elements, although the
State continues to contemplate incentives, partnerships and regulations.
Affordable dwellings for people with disabilities are needed, either through special group
accommodation or through increasing the number of dwellings that are adaptable or universally
designed at least to a moderate level (such as having an accessible bathroom and bedroom on
the ground floor).
Low income and vulnerable groups
The Noosa Social Strategy 2015 identified several key issues with potential implications for
housing. These included: emerging vulnerable groups in the community and disengaged people,
a rise in homelessness, a shortage of affordable housing (and housing diversity), a lack of short-
term crisis housing and limited support respite and affordable independent living options for people
with an intellectual or physical disability (and their carers).
The relatively high rents and sale prices of housing within Noosa Shire compared with other areas
can place households with lower income levels under financial strain. This includes single person
households and single parent households as well as young people. The problem is particularly of
concern for people renting.
In the recent past the unemployment rate for Noosa Shire was tracking higher than the State figure
and as an example the 2011 census revealed 682 Noosa Shire families with children less than 15
years of age with no employed parent. Since mid-2015 the local unemployment rate has lessened
(4.5% in December 2016), however local employment is still dominated by sectors such as retail,
accommodation and food services which are often casual and lower paying employment.
‘Key workers’ (or workers in Noosa Shire’s key industries) are crucial to the economy. Some
employees are commuting considerable distances to places outside the shire to secure affordable
accommodation.
A shortage of affordable housing options can lead to homelessness. There were a total of 152
homeless people identified in the Shire in 2013, with nearly two thirds of these located in the
hinterland. Additionally, there are much greater numbers of people within the community at risk of
homelessness. Such households will be struggling to make ends meet and are particularly
vulnerable to rent increases, job losses etc. Others are in need of safe transitional housing
because, for example, they are enduring domestic violence.
While Noosa has a small, dedicated network of service providers who attempt to assist these
people there is a lack of emergency accommodation in the Shire, which is only partially offset by
rural campgrounds, showgrounds etc (all of which are located some distance from urban areas).
Page 7 of 106
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
As already indicated there is a very limited supply of public, community and transitional housing
available and the waiting list for public housing is long. It is unlikely additional public or community
housing will be built in Noosa Shire given the high value of land. People at personal risk and
families with children are given priority over others.
3. Accommodating Visitors
Tourism is one of the Shire’s key economic sectors and in recent years’ growth has been strong
(average growth rates in tourism visitation averaging 2.5% per annum over the last decade). It is
difficult to accurately determine the amount of accommodation available to tourists and visitors in
Noosa and even harder to predict with certainty the demand for tourism accommodation in the
future. Accommodation can take a number of forms, such as resorts, hotels, motels and bed and
breakfast establishments and tourist parks, units within multiple dwelling complexes (capable of
use by residents or visitors) as well as holiday homes, rooms in private dwellings or private
dwellings let either consistently or occasionally by visitors.
The line between permanent and visitor accommodation has blurred and there is generally little
restriction on self-contained accommodation being used for visitors or permanent residents.
Because of a shortage of small dwelling units there are many permanent residents (typically single
people) residing in resorts which have not necessarily been designed to provide a suitable
permanent home. This can affect the overall operation and profitability of the complex.
At the same time houses and residential apartments offer more space and privacy for guests and
have become very popular options with visitors, especially extended families and multiple families
staying together. In areas particularly popular with visitors such as Noosaville, Noosa Heads and
the beaches, property owners can currently achieve a higher return from the visitor market than
from permanent tenants and as a result some properties cease to be available to permanent
residents and thereby adds pressure to rents on offer to permanent tenants. This situation can
obviously fluctuate with the strength of the visitor market but can have a negative effect on the
amenity and social fabric of residential neighbourhoods.
Continued ongoing growth in tourism in line with that of the last decade will have substantial
impacts on the supply and cost of residential housing and the lifestyle of residents. The report
identifies there are risks associated with perpetually meeting the demand for visitor
accommodation and suggests more sustainable ways of growing the industry be pursued (such as
diversifying and improving on the products offered). In addition to protecting ‘visitor only’ resort
sites, Council may wish to consider whether some neighbourhoods should be earmarked as
‘resident only’, particularly areas that would offer appropriately designed and well located small
dwellings to permanent occupants.
4. Future needs for increased diversity in housing
The Housing Needs Assessment has relied on various models to estimate future housing needs
for Noosa Shire and to quantify the ‘mismatch’ between our forecast population and demographics
(including number of households, size of households, age of households etc.) and the housing
existing and being built.
The consultants have recommended a “low change scenario” where a subtle shift occurs in
housing provision in the life of the next planning scheme. A decreased proportion would be large
detached houses while an increasing proportion would be other forms of housing such as small
detached houses, independent living units for retirees, small semi-detached dwellings (such as
duplexes) and small attached dwellings. This change is shown in the following figure.
Page 8 of 106
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
Figure 2 Projected dwelling mix to meet assumed resident household needs 2011-2036
The Housing Needs Assessment highlighted two principal ways to meet resident dwelling stock
needs – through the take-up of secondary dwelling provisions, and new stock (infill/greenfield
development).
The Housing Needs Assessment examined several examples of innovative developments or new
types of housing models that could be considered in Noosa. Some of these offered interesting
learnings for Noosa Shire however none were seen as providing large scale solutions to housing
needs here. The new planning scheme can facilitate innovative responses provided they meet
fundamental design principles.
5. Conclusions and Opportunities for Council
The Housing Needs Assessment concludes by identifying many actions that Council might
consider to potentially improve housing choice in Noosa Shire. Some of these have direct
implications for the new planning scheme and some do not. The following generally represent the
recommendations made by the Housing Needs Assessment.
1) Identify the following key housing needs of Noosa Shire as targeted development priorities:
a. Small multiple dwellings;
b. Secondary dwellings;
c. Small dwelling houses on small lots;
d. Retirement facilities and residential aged care, particularly where co-located;
e. New models for key worker and student accommodation;
f. Universally designed or adaptable housing.
2) Make optimal use of remaining available undeveloped land within the urban footprint/ town
boundaries to provide smaller lots and increased dwelling densities in appropriate locations.
3) Explore any additional opportunities for greenfield land.
4) Facilitate and encourage diversity through infill development, particularly in terms of the
encouragement of smaller dwellings.
Page 9 of 106
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
5) As part of the planning scheme review, consider each area of unconstrained, undeveloped,
well located urban land, and where appropriate consider zoning it for semi-attached or
attached housing or small lot (nominally 450m2) development. Small lot development could
be accompanied by a Dwelling House (Small Lot) Code to limit dwelling housing size and
protect residential amenity.
6) Explore any established areas suitable for density “uplift” such as the splitting of existing
lots or inclusion of attached or semi-attached housing.
7) Reconsider the approach of the current planning scheme provisions which encourage the
development of large duplexes rather than other smaller attached units.
8) Review levels of assessment to minimise regulation and encourage the delivery of desired
housing options. For instance, planning assessment may not be necessary for a duplex in
all zones and multiple housing may be made code assessable in zones where they are an
intended use.
9) Consider provisions in the new planning scheme to cater for smaller, more affordable
housing options (particularly by students and key workers) in the Business Centres of
Noosa Junction and the Shire Business Centre and the planning parameters in these key
Business Centres be drafted to ensure the viability of mixed use development under the
scheme (for example GFA increased, parking requirements be reviewed to potentially
reduce required resident car parking but include alternatives such as scooter and bicycle
parking).
10) Re-introduce acceptance of payments in lieu of on-site parking requirements in locations
where public offstreet carparks can be increased in capacity and used by shoppers/workers
during the day and residents at night.
11) Explore innovative models for mixed use developments which allow the provision of
‘rooming accommodation’ for groups such as students and transient workers.
12) Encourage the development of vibrant hubs around all Business Centres with a diversity of
small dwelling types.
13) Consider minimum densities in key locations to achieve preferred dwelling outcomes.
14) Consider incentives for small dwelling provisions in some zones / locations.
15) Work with the owners / developers of key properties in the Shire Business Centre and
Noosa Junction in an effort to achieve quality outcomes that deliver small dwellings.
16) Consider the potential for creation of walkable mixed use neighbourhoods (where a broad
range of services are within a 400m radius) to assist in stimulating development around
Business Centres such as Tewantin and Cooroy where intensification has been slow to
proceed.
17) Facilitate and encourage the development of affordable and appropriate accommodation
for the ageing population of Noosa Shire, particularly options that allow ageing in place.
18) Preserve existing and approved retirement and aged care sites solely for that purpose.
19) Review and potentially broaden the range of zones within which aged accommodation
facilities are permitted to increase the options for finding sites.
20) Minimise the level of assessment required for modifications and minor additions to existing
retirement and aged care facilities.
21) Consider inclusion of small-scale commercial, retail and community uses in Retirement
Facilities or Residential Care Facilities as consistent uses, possibly subject to code
assessment.
22) Consider planning scheme provisions which provide opportunities for ageing in place such
as the dividing of a detached house into two or more separate dwelling units or bedsits
Page 10 of 106
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
(depending on the location and site area) subject to compliance with building codes and
fire regulations.
23) Retain and review provisions for group houses or co-housing models that provide adequate
independence as well as security for residents.
24) Promote and encourage existing opportunities under the current planning scheme such as
the small dwelling provisions and secondary dwelling provisions.
25) Monitor the take up of secondary dwellings over a year and specifically review compliance
with scheme provisions and any concerns of applicants and neighbours. At the completion
of the timeframe, review the appropriateness of limitations such as the gross floor area,
number of bedrooms and the need for them to be physically attached to the main house,
informed by consultation with the building and design industry.
26) Consult with local property investors and the design community for their urban design and
revitalisation expertise with the aim of identifying suitable planning parameters for mixed
use activity centres. The acceptability of the resultant design parameters would be subject
to public consultation during the plan preparation process.
27) Maintain the wide range on zones in which a community residence (a dwelling used for
accommodation for up to six persons who require assistance or support with daily living
needs plus a resident carer) is consistent with a minimal level of assessment.
28) Allow community residences to be co-located with Retirement Facilities and Residential
Care Facilities.
29) Adopt an approach of education and encouragement to increase the number of adaptable
dwellings in Noosa Shire, including:
a. Development and introduction of a policy encouraging a proportion of residential
dwellings to contain specified adaptable housing elements, and working with the
development / property industry to increase the proportion of new dwellings that are
built to the standards identified in the policy. For instance, as a minimum, two storey
duplexes or townhouses should include a bedroom and bathroom on the ground floor
with an accessible path of travel.
b. Consider incentives for dwellings which meet the policy and include a minimum number
of universally designed or adaptable dwellings in a multiple dwelling application well
located close to shops and services.
30) Council could take a lead role networking across local housing providers to encourage
National Disability Insurance Scheme housing initiatives and proactively support the
development of innovative sector partnerships, guidelines and policy to deliver the most
appropriate housing options for people with disabilities.
31) Advocate for the provision of additional crisis and emergency housing in the Shire and
facilitate it through land use planning.
32) Consider incentives for proposals which include a minimum number of affordable dwellings
to be head-leased or owned by a registered social housing provider.
33) Partner with not-for-profit organisations to foster networks of people willing to share
accommodation and potentially reduce existing barriers or fears in so doing.
34) Protect an appropriate balance of housing for permanent residents and visitors. Recognise
the limits of tourist accommodation sustainability and encourage the tourism industry to
strengthen the industry without reliance on infinite growth.
35) Protect the ‘tourist only’ resort site at Settler’s Cove for that purpose as well as preserving
those already developed.
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36) Retain the existing planning scheme approach to Visitor Accommodation Type 1 Home
Hosted in detached dwellings, which permits no more than six guests accommodated in no
more than three rooms, where the host resides on site.
37) Identify some areas for resident only housing that is not taken up with visitors. Make short
term accommodation such as resorts, serviced apartments, backpackers, motels and
hotels inconsistent in such areas.
38) Work with the Holiday Rental Industry Association to refine and implement an effective
regulatory proposal for Short Term Rental Accommodation in Noosa Shire. Publicise a
Fact Sheet on Short Term Rental Accommodation which includes a set of criteria that
should be met by providers, including compliance with the HRIA Code of Conduct.
39) Recognise the potential for Short Term Rental Accommodation to fill both permanent and
tourist accommodation needs, and while not requiring a development approval, encourage
self-compliance with a Code of Conduct.
Previous Council Consideration
At its meeting of 21 July 2016 Council adopted the Noosa Social Strategy three year
Implementation Plan, a key initiative of which was to Complete a Noosa Housing Needs Analysis
in consultation with key stakeholders.
Finance & Risk
Nil.
Consultation
External Consultation - Community & Stakeholder
In undertaking the Housing Needs Assessment Briggs & Mortar conducted one on one
conversations with 25 individuals or organisations. These were divided into the following target
areas to gain a cross-section of opinion:
• Groups providing housing for special needs, including social and community housing
providers, emergency housing providers, and charitable organisations;
• Providers of tourism or visitor accommodation;
• Real estate agents;
• Property developers;
• Aged Accommodation providers.
Discussions were also held with the following Government departments:
• Department of Housing and Public Works;
• Department of Communities, Disability and Child Support;
• Department of Infrastructure, Local Government and Planning; and
• (Australian) Department of Human Services.
For reasons of privacy the conversations are not included within the report however the findings
have been summarised and contained within the report, informing the conclusions.
Internal Consultation
Internal engagement with Strategic Land Use Planning and Community Development occurred
through the preparation of the Housing Needs Assessment. Specific input from Planning &
Environment, Property & Facilities and Economic Development was also sought on particular
issues.
Page 12 of 106
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
Departments/Sections Consulted:
Chief Executive Officer X Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support X Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
Governance Infrastructure Planning & Design
Human Resources Planning & Environment
Sustainability X Strategic Land Use Planning
Page 13 of 106
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
2 SUBMISSION TO PROPOSAL BY ECO CAMP PTY LTD TO RECLASSIFY FISH HABITAT
AREA AT ELANDA POINT
Document i nformati on
Author Environment Officer (Rivers and Coast), Jan Maddin
Planning & Infrastructure Department
Index ECM/ Subject / Waterways Management – Noosa River
Attachments 1. Proposal by Eco Camp Pty Ltd (26 Page attachment provided separately
to this report)
2. Map of Noosa River declared Fish Habitat Areas
3. Proposed submission
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Environment Officer (Rivers and Coast) to the Planning and
Environment Committee Meeting dated 11 April 2017 and request the Chief Executive Officer make
a submission, as outlined in Attachment 3 of the Report, to the Marine Resource Management
section of the Department of National Parks, Sport and Racing on the proposal by Eco Camp Pty
Ltd to request a downgrade of approximately 2.6 ha of declared Fish Habitat Area at Elanda Point
from a management A area to a management B area.
1. REPORT
On 14 March, 2017 Eco Camp Pty Ltd posted a public notice about their proposal to downgrade
approximately 2.6 ha of declared Fish Habitat Area at Elanda Point from a management A area to
a management B area.
The fish habitat downgrade will require an amendment to the Fisheries Regulation 2008 to allow
installation of private jetty infrastructure for Eco Camp’s proposed tourism operations at Elanda
Point Education Centre and Adventure Park.
Eco Camp intends to redevelop the Elanda Point site into a world class Eco Tourism facility and
states the installation of jetty infrastructure will assist to facilitate the delivery of quality tour services
into the Noosa Everglades by Sister Company, The Discovery Group.
Members of the public have been invited by Eco Camp Pty Ltd to provide written comment on this
proposal to the Marine Resource Management section of the Department of National Parks, Sport
and Racing by 5pm on 10 April, 2017.
Noosa Council has been granted an extension by the Department to the closing date for
submissions to enable the Eco Camp proposal and Council’s submission to be discussed and
determined by Council.
The closing date for Council’s submission is now 5pm on 21 April, 2017.
The purpose of this report is to provide an overview of the declared fish habitat areas in the Noosa
River, the types of development the State considers appropriate in fish habitat areas, and a
submission for Council’s consideration to the Eco Camp proposal.
2. DECLARED FISH HABITAT AREAS (FHA)
The Queensland Government declared FHA network protects fish habitat values to support the
region’s commercial and recreational fisheries. These areas are highly productive estuarine and
coastal fish habitats, declared and mapped as a management layer under the Fisheries Act 1994.
Page 14 of 106
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
The first FHAs were declared in Moreton Bay in 1969 in response to increasing development
impacts on fish habitats and their dependent fisheries in south-east Queensland. There are now
70 declared FHAs in coastal Queensland, protecting over 1.15 million hectares of critical fish
habitats.
FHAs impose two management levels (A and B) with A being the strictest, to protect all fish habitats
such as sand bars, mud banks, rocky outcrops, mangroves, saltmarsh and seagrass etc. and allow
for legal commercial, recreational and indigenous fishing.
The FHA network in Queensland comprises 82% management A and 18% management B areas.
In the Noosa River system, the FHA network includes 5,974 hectares of management A (98.4%)
and 100 hectares of management B (1.6%).
A total of 6,074 hectares of critical fish habitat encompasses parts of the lower and upper Noosa
River estuary, Weyba Creek, Lake Weyba, Doonella Lake and Lakes Cooroibah, Cootharaba,
Como and tributaries (refer Attachment 2).
The proposed jetty infrastructure at Elanda Point is located in the Noosa River management A
FHA.
3. DEVELOPMENT IN DECLARED FHa
A challenge outlined by the Department of National Parks, Sport and Racing in the Declared Fish
Habitat Area Strategy 2015-20 is to maintain the integrity of the declared FHA network and
individual declared FHAs, in particular with increased population growth, associated development
pressure and response to natural disasters.
Any FHA boundary amendment proposals to facilitate development are subject to careful
assessment, must be adequately justified and must not affect the integrity of the declared FHA,
the network or the ability to provide comprehensive, adequate and representative protection of fish
habitats in Queensland.
The main differences between FHA level A and FHA level B are set out in the section below.
In management A critical fish habitat areas development is limited to activities like:
constructing public fishing infrastructure;
ensuring public health and safety;
maintenance of existing structures;
constructing temporary structures;
installing underground public infrastructure;
managing fisheries resources or fish habitats (e.g. installing a boardwalk for access);
research and education; and
environmental restoration.
In management B areas the following may also be allowed:
construction of some private structures (e.g. pontoons, boat ramps, revetments, buoy
moorings); and
beach replenishment.
Protecting and maintaining Noosa’s extent of management A declared FHA is a matter of State
environmental significance in the State Planning Policy and other State planning instruments. It is
also a desired environment outcome articulated within the Noosa Plan and the Noosa River Plan
(2004).
4. PROPOSED SUBMISSION
It is recommended that Council make a submission to the Eco Camp proposal based on the draft
submission outlined in Attachment 3.
Page 15 of 106
Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
The submission, based on the recommendations contained in attachment 3, would uphold
Council’s ongoing commitment to conservation and sustainability within the Noosa Biosphere
Reserve and seeks that the Department reject Eco Camp Pty Ltd’s application to downgrade 2.6
hectares of declared Fish Habitat Area at Elanda Point from a management A area to a
management B area.
Previous Council Consideration
Ordinary Meeting Minutes 19 January 2017, Item 7, Page 19
That Council note the report by the Property Advisor to the General Committee Meeting dated 16
January 2017 and refuse the Discovery Group’s request for Council to be the applicant for
construction of a new public/commercial jetty at the Elanda Point Education and Adventure Park,
and note that other State agencies may be more appropriate as the applicant.
Letter of Support from Noosa Council to Eco Camp Pty. Ltd.
Page 16 of 106
Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
Finance & Risk
Nil
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Chief Executive Officer, Property Manager, Property Advisor, Manager Planning and
Environment, Environment Officer (Rivers and Coast)
Departments/Sections Consulted:
x Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws x Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance x Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 17 of 106
Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
Attachment 2
Page 18 of 106
Tae mr ave Taree
| ATTACHMENT 2
£ 2160 Fy Notes: £
£ Adjoins Sheet 2 1. FHA Boundary (Coorsinates in MGA) g
£ eve ii
onnat sno From the SE comer of Lot 386 on MCHB39098 10
A $0424omE —_7080585mN
NATIONAL PARK he 8 S04ez0mE —_7080465m0N
© S0B195mE —_7080954mN
D S0es6amE —7080546mN
E —S06905mE —_7080750mN
7 3 to e soutnern Doundary of Esplanade on a tne bearing
€ 21(pt8) t
wt 4 ‘prox NNE to coord 507672.8mE, 7082322 8
a, 2 FHA Boundary line 1S fom and paratel to waterfront,upstream from
Lot 13. on plan N'10576 to Lot 36 on plan N10$75, traversing the canal,
Bs ‘hen on 8 ine 15m from and parvle to waterront upstream tom
Py CORAL {Lots 73-86 on plan N10573 int
£ Then a ine Sm from and parsilet to waterfront of Lots 87 & 88 on plan
Nt0573,
ono . +P 2. FAAboundary ine 10m from and
: LAKE SEA poralotto western sda of ape
iis COOROIBAH 4, FAABoundary ine 25m from and parallel to the western boundaries
ie of lots fronting Noosa River between and including Lot 9 on RPSO140
& Lot on GP807S60 and 3m ftom and parallel othe SE boundary
A 21ipt) at Los 18 3 on CP807SE0
nome werase =
%, s 5, FHA Boundary trom SE point of Hay Street through
a <a é the following pants:
te, oe 503760mE 7081176mN
™ : 50303%mE 7081170mN
ey, lag 3 ms 50308%mE 7081125mN
: te, one Ne corner Lot 20 on CP9U7S35 £
f f S we im SW comer Lot 20 on CPS07S3S E
& wots oe ose 504t78mE 7080800mN :
2 of Coe 1» De NE corner of LOMO on RPB9O38.
a nding rows | iar 6, FHABoundary ine 25m fom and paral tothe southern boundaries
RH 29 con anne od $ re LAGUNA BAY
artbacr os g of bts frontng Noosa River between and including Lot 4 on RESORT
—— i Fat Stok teen ROSETTO
“00 N te
wore S - Z ‘,
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are Me ten Noosa
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LOCALITY MAP
REFERENCE
4S Fish Habitat Area (Outer Bary) Queensland Government
Department of Primary Industries and Fisheries
Management ‘A’ souta
Management 'B aciic
EXCLUDED AREAS aes sas ocean NOOSA RIVER
Pon FHAS1 ety shows the exter boundary ofthe Fish Habest Area FISH HABITAT AREA
See the Fishers Regations bat decaves the Fah Mabrat Area fr areas
cathe th outer bouncary that are etcluded. A Management an sto be romsvast ©
Fewpared for ie Fish Habitat Aveo OUTER BOUNDARY
4 © The State of Queensiand Deperiment of Primary induiee and Feheies 2008
wacuar &
a BASE MAP denved from the Cigital Cadastrat Data Base (02 DEC 2006) suppted by, and reproduced
3 rocoMueron @ ‘ith the persteston othe Departmen of Natural Resources and Water, Bebare
SCALE 1:25,000 Gace 28 March 2008
ene ¢ [| PLANNUMBER
UNIVERSAL TRANSVERSE MERCATOR - ZONE 56 eae
GEOCENTRIC DATUM OF AUSTRALIA - 1994 nome | 9545 |Section 19
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
Page 19 of 106
ave ater olve wire
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. 1 & point 10m from and parallel to the seaward Mount
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REFERENCE
/\N/ Fish Habitat Area (Outer Bary) Queensland Government
Department of Primary Industries and Fisheries
soura
Management ‘A’
Management’B' pace
vreconenaena cme seem NOOSA RIVER
vaniama 6
encincelemem ie ernie sine ennai te, FISH HABITAT AREA
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prouis tet Pun otal se i OUTER BOUNDARY
q mene © The State of Queensiand, Department of Primary industries and Fisheries 2008
a [BASE MAP derived trom the Digital Cadastral Data Base (02 DEC 2006} supped by, and reproduced
3 rooAMeTON @ fete cirene ply tenemtpepmber ead sofertinnes tors one)
RE oie Gated - 26 arch 2008
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noun 3 | PLANNUMBER
UNIVERSAL TRANSVERSE MERCATOR - ZONE 56 sou sen
GEOCENTRIC DATUM OF AUSTRALIA - 1984 wwe sev wuss | 9545 |Section 20
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
ATTACHMENT 3
DRAFT SUBMISSION
A. Noosa Council supports the ongoing development of the Noosa tourism sector and supports
innovative approaches to commercial use of the river which protect natural habitat values
and the excellent water quality ratings of the Noosa River system;
B. Council is not opposed to the redevelopment of the Elanda Point camping ground into a high
quality tourism product that complements the Noosa brand and focusses on the Shire’s
outstanding natural environment subject to the applicant obtaining all necessary approvals;
C. As a Biosphere Reserve, Council supports maintaining the current 5,974 ha of management
level A, and the 100 ha of management level B declared Fish Habitat Area in the Noosa River
system due to its importance to the sustainability of the commercial and recreational fishing
sectors in this region;
D. Under the Sustainable Planning Act, Council supports the State Interest in protecting the
high ecological value of management level A declared Fish Habitat Areas within the Noosa
River system identified in the Environment Protection (Water) Policy;
E. Council supports protection of the current declared Fish Habitat Areas in terms of our Noosa
River catchment responsibilities in light of a growing population, recreational demand,
commercial use of the river, coastal development and predicted climate change impacts;
F. Council considers the downgrade of the management level A declared Fish Habitat Area to
a management level B area as counterproductive to the aims of the current projects
underway in the Noosa River system to restore fish habitat. These projects Bring Fish Life
Back and Keep It In Kin Kin have been financially supported by Council and facilitated by the
Noosa Biosphere Reserve Foundation in partnership with Noosa Parks Association, The
Thomas Foundation, University of Queensland, Sunshine Coast University, Ecological
Service Professionals, Noosa District Landcare and The Nature Conservancy;
G. Council aims to be a pilot program for ecosystem based management in the Noosa River
catchment as a demonstration of best practice;
H. Council considers the Eco Camp Pty Ltd proposal to request the State to downgrade the
management level A Fish Habitat Area to enable the company to make application for jetty
infrastructure is contrary to the Noosa Plan which states there are to be no new jetties on
public lands unless there is a clear demonstrated public benefit and support. The proposed
jetty will primarily benefit a commercial business and not the broader community;
I. Council is concerned as to whether an appropriate level of community consultation has
occurred on this proposal. Council requests the State to consider all public feedback on this
proposal, and the extent to which any public benefit is identified by the proposal;
J. Council supports the Noosa Planning Scheme vision in relation to commercial development
on, and adjacent to the river, which is designed to:
ensure no additional commercial leases on the river;
not increase the overall scale and intensity of commercial operations;
ensure commercial development does not extend beyond existing commercial lease
areas;
K. Further commercial facilities on the Noosa River, including leases, are not supported under
the Coastal Management and Protection Act 1995 (State Development Assessment
Provisions);
L. Council understands that the purpose of the proposal to downgrade the Fish Habitat Area
from an A to a B category is to enable the applicant to build a private (commercial) jetty
infrastructure at this site. Council is the assessment authority for such a facility and our Town
Page 20 of 106
Section 21
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
Planning Scheme does not support the establishment of any additional private commercial
jetties on the Noosa River.;
M. Council is currently in the process of updating the Noosa River Plan (2004). Under the
current Noosa River Plan, there needs to be investigation into a statutory means of managing
commercial boating fleet sizes for commercial boating operations to minimise the cumulative
impacts of boat wash and foreshore disturbance;
N. We would request that the State take into account the desired environments outcomes
regarding jetties, pontoons & wharves (public and private) as set out in the Noosa River Plan
when assessing the proposal by Eco Camp Pty Ltd and a link to that plan is provided with
this submission.
O. Council supports the Discovery Group’s intent in reducing the environment impacts of their
current operations on the Noosa River system by utilising vessels with low draw, low wash
and low fuel burn. However, we note that there appear to be no legal mechanisms available
that mandate commercial operators to use low draw, low wash, low fuel burn boats, or control
the number of boats used; and
P. Council considers any downgrade or changes to declared Fish Habitat Areas in the Noosa
River system should be undertaken at a strategic level and not in response to individual
commercial requests.
Page 21 of 106
Section 22
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
3 LOCAL GOVERNMENT INFRASTRUCTURE PLAN (STORMWATER - DSS)
DOCUMENT INFORM AT ION
Author Infrastructure Assessment Coordinator, Oddbjorn Ludvigsen
Planning & Infrastructure Department
Index ECM/Subject/Local Government Infrastructure Plan (LGIP)
Attachments 1. LGIP DSS (Stormwater)
EXECUTIVE SUMMARY
This report presents the staff review and proposed update of the stormwater network Desired
Standards of Service (DSS) for updating the current PIP to a LGIP.
RECOMMENDATION
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 11 April 2017 and approve the Desired Standards of
Service (DSS) for the stormwater network provided in Attachment 1 for proceeding with the new
Local Government Infrastructure Plan (LGIP) under The Noosa Plan 2006.
REPORT
This LGIP report presents the staff review of the Desired Standards of Service (DSS) for the
stormwater network for the new LGIP for Council’s review and endorsement.
The purpose of the DSS is to provide a high level summary of the key planning and design
standards for a network. These standards are often identified in planning scheme policies about
infrastructure, legislation and subordinate legislation regulating infrastructure, Australia / New
Zealand standards or similarly controlled or associated documents.
For the stormwater network, the standards typically may relate to:
stormwater quantity, such as minimum conveyance capacity of major and minor drains;
stormwater quality, such as pollutant load;
frequent flow management; such as total stormwater capture volume requirements.
The staff review of the DSS contained in the current PIP, finds that the standards are considered
to remain generally suitable for the new LGIP with amendments primarily only to:
update reference dates to current controlled document versions where available, for example
updating the “Environmental Protection (Water) Policy” from the 1997 to the current 2009
publication; and
replacing the reference to “Noosa Council Engineering Design Standards – Appendix 1
Stormwater Drainage Manual” with Council’s current “Planning Scheme Policy 5 -
Engineering Design Standards - Roads, Drainage and Earthworks”.
The updated DSS proposed for the stormwater network for the new LGIP is provided for Council’s
consideration in Attachment 1.
Page 22 of 106
Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
Previous Council Consideration
Ordinary Meeting Minutes, 28 August 2014, Page 9, Item 5
That Council note the report by the Infrastructure Assessment Officer to the Planning &
Organisation Committee Meeting dated 19 August 2014 and:
A. Resolve to undertake an amendment to the Priority Infrastructure Plan in accordance with
the recent amendments to the Sustainable Planning Act 2009 and corresponding new
Statutory Guideline 03/14;
Ordinary Meeting Minutes, 21 July 2016, Page 8, Item 9
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 12 July 2016 and approve the Priority Infrastructure Area
(PIA) Maps provided at Attachment 1 for the proposed Local Government Infrastructure Plan
(LGIP) to replace the current Priority Infrastructure Plan (PIP) of the current Noosa Plan planning
scheme.
Ordinary Meeting Minutes, 15 December 2016, Page 4, Item 5
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 6 December 2016 and;
A. Approve the Planning Assumptions contained in the report and provided in Attachments 1,
2 and 3 for proceeding with the new Local Government Infrastructure Plan (LGIP) of the
current Noosa Plan planning scheme;
B. Note a future report to Council may be presented to adjust population and development
projections in Attachment 3 if any major discrepancies are discovered following completion
of the staff final review of the supporting DMaTT GIS output data; and
C. Request the CEO to write to Unitywater thanking their staff in providing the DMaTT
population and development data for use in Council’s LGIP and to commit Council’s ongoing
support and assistance in future DMaTT updates.
Ordinary Meeting Minutes, 16 February 2017, Page 4, Item 5
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 7 February 2017 and approve the Desired Standards of
Service (DSS) for the Public Parks and Land for Community Facilities network provided in
Attachment 2 for proceeding with the new Local Government Infrastructure Plan (LGIP) under
The Noosa Plan 2006.
Ordinary Meeting Minutes, 16 February 2017, Page 4, Item 6
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 7 February 2017 and approve the Desired Standards of
Service (DSS) for the Transport network provided in Attachment 1 for proceeding with the new
Local Government Infrastructure Plan (LGIP) under The Noosa Plan 2006.
Finance & Risk
Council needs to have amended its current Priority Infrastructure Plan (PIP) to a Local Government
Infrastructure Plan (LGIP) by 30 June 2018 in order to continue issuing infrastructure charges and
impose conditions about trunk infrastructure on development.
Since January 2014 to February 2017, $7,819,241 has been collected in infrastructure charges
equating to a current average of $205,770 per month or $2,469,234 per annum. The 2016/2017
budget has conservatively estimated infrastructure charges revenue at $1,687,329 which has
already been exceeded by $853,413.
A long term risk of LGIPs is the commitment ultimately made to provide future infrastructure at
the desired standards of service to meet development growth.
Page 23 of 106
Section 24
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Manager, Infrastructure Planning and Design
Coordinator, Asset Planning
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
Governance x Infrastructure Planning & Design
Human Resources x Planning & Environment
Sustainability Strategic Land Use Planning
Page 24 of 106
Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
Page 25 of 106
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
ATTACHMENT 1
Desired Standard of Service — Stormwater
QUANTITATIVE STANDARDS (primarily about the capacity of the network)
ITEM DESIRABLE STANDARD
Overall objective In accordance with Urban Stormwater Management Strategy, Noosa Council 2002 (Version 1- Revision 2 dated 8 August 2006), to Manage
! Stormwater Quantity to Ensure flooding impacts are minimised and environmental base flows in creeks and rivers are maintained.
In accordance with:
e Planning Scheme Policy 5 - Engineering Design Standards - Roads, Drainage And Earthworks ;
e The Noosa Plan, Water Sensitive Design Code.
QUALITATIVE STANDARDS (primarily about the performance of the network)
ITEM SPECIFICATION OBJECTIVES & STANDARDS
In accordance with:
e Environmental Protection (Water) Policy 2009;
e Noosa River Environmental Values and Water Quality Objectives (July 2010);
e Mary River Environmental Values and Water Quality Objectives (July 2010);
Overall objectives e South East Queensland Regional Water Quality Management Strategy September 2001;
4 * Queensland Water Quality Guidelines 2009 (EPA);
e Noosa River Plan 2004;
e Noosa River Catchment Management Strategy 2001;
e Urban Stormwater Management Strategy, Noosa Council 2002 (Version 1- Revision 2 dated 8 August 2006).
e Noosa Council Stormwater Asset Management Plan (adopted 22 October 2015
In accordance with the water quality objectives to protect environmental values under the:
Stormwater Pollutants e Noosa River Environmental Values and Water Quality Objectives (July 2010) - Environmental Protection (Water) Policy 2009;
e Mary River Environmental Values and Water Quality Objectives (July 2010) - Environmental Protection (Water) Policy 2009.
In accordance with the water quality objectives to protect environmental values under the:
e Noosa River Environmental Values and Water Quality Objectives (July 2010) - Environmental Protection (Water) Policy 2009;
Soil Erosion and Sediment Transport ° Mary River Environmental Values and Water Quality Objectives (July 201 0) - Environmental Protection (Water) Policy 2009.
On Site Construction standards to minimise soil erosion & sediment transport in accordance with:
e Soil, Erosion & Sediment Control, Engineering Guidelines for Queensland Construction Sites, June 1996, The Institution of Engineers, Australia,
Queensland Division.
In accordance with the water quality objectives to protect environmental values under the:
e Noosa River Environmental Values and Water Quality Objectives (July 2010) - Environmental Protection (Water) Policy 2009;
Waterway - Health and Amenity e Mary River Environmental Values and Water Quality Objectives (July 2010) - Environmental Protection (Water) Policy 2009.
In accordance with the Vision & Desired Environmental Outcomes for the Noosa River System in accordance with the Noosa River Plan 2004 - Parts
1& 2.
In accordance with The Noosa Plan:
e Water Sensitive Design Code — addressing water harvesting and reuse, runoff treatment and natural stormwater treatment strategies, such as
swales, bio-retention systems, vegetated filtration strips and GPTs;
e Waste Management Code and supporting planning scheme policy - addressing the design and location of bin storage areas, recycling, waste
separation and bin wash down areas;
e Landscaping Code - addressing effective landscape treatment and water management to optimise stormwater filtration and minimise
sedimentation and erosion activity and runoff;
e Erosion and Sediment Control Code — addressing the minimisation and control of erosion and transport of sediments off site;
e Biodiversity Overlay — addressing the management, conservation and rehabilitation of biodiversity values including Riparian vegetation,
aquatic fauna, soils, landforms, waterways and drainage lines.
NOOSA/ LGIP DSS / Stormwater
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4 LGIP SUBMISSION ON MINISTER'S GUIDELINES AND RULES
DOCUMENT INFORM AT ION
Author Infrastructure Assessment Coordinator, Oddbjorn Ludvigsen
Planning & Infrastructure Department
Index ECM/Subject/41.36 - Local Government Infrastructure Plan (LGIP)
Attachments 1. LGAQ Annual Conference 2016-Resolution 027-Outcome
EXECUTIVE SUMMARY
Previous staff reports have informed Council of the Sustainable Planning Act 1997 legislative
amendments and statutory guideline requirements involved in the preparation and adoption of
Local Government Infrastructure Plans (LGIP’s).
Council also presented a motion that was carried at the Local Government Association of
Queensland Annual Conference in October 2016, for “the Local Government Association of
Queensland (LGAQ) to make representations to the State Government seeking amendments to
the Statutory Guidelines with respect to Local Government Infrastructure Plans (LGIPs) in order to
remove the unnecessary cost, resource and time burdens reimposed on local governments”.
The new Planning Act is scheduled to commence on 3 July 2017 and a new instrument titled the
Minister's Guidelines and Rules will mandate how local planning schemes and other local planning
instruments (including LGIPs) are to be made or changed. The Department of Infrastructure, Local
Government and Planning have now released this new instrument for public consultation until
Tuesday 9 May 2017.
As the Draft Minister's Guidelines and Rules presently on public display have not included any
positive changes to LGIP’s, it is appropriate that Council make another submission on this issue.
RECOMMENDATION
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 11 April 2017 and authorise the Chief Executive Officer to
lodge a Council submission on the Minister’s Guidelines and Rules for the new Planning Act
requesting to amend, simplify and remove unnecessary cost, resource and time burdens for
preparing and amending Local Government Infrastructure Plans. The submission should:
A. Align with Council’s motion that was presented and carried at the 2016 LGAQ Annual
Conference as provided at Attachment 1 to the report; and
B. Request the Department of Infrastructure, Local Government and Planning to liaise directly
with the Local Government Association of Queensland (LGAQ) in undertaking these
amendments.
REPORT
The Minister's Guidelines and Rules (MGR) is a new instrument to support the commencement of
the new planning system on 3 July 2017 and will mandate how local planning schemes and other
local planning instruments are made or changed. The draft instrument has been placed on the
Department of Infrastructure, Local Government and Planning website for public consultation until
Tuesday 9 May 2017.
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Previous reports to Council have informed Councillors of legislative changes and requirements for
LGIPs as follows:
19 August 2014, provided a summary of the major changes and subsequent actions required
to be undertaken to satisfy the amendments to the Sustainable Planning Act 2009 and
corresponding new Statutory Guideline 03/14 that commenced on 4 July 2014;
12 July 2016, provided further background information on legislative changes from 1997 to
the present time and detailed the Statutory Guideline requirements for LGIPs; and
9 August 2016, provided information on the ongoing issues and unnecessary further
complications that are now irrelevant for the current infrastructure charges and planning
framework under the current Sustainable Planning Act 2009 and the new Planning Act to
commence in 2017.
The report provided the basis for Council’s motion presented and carried at the Local Government
Association of Queensland (LGAQ) Annual Conference held in October 2016. The report
recommended a collective view and representation to the State Government for a common sense
review and amendment of the Statutory Guidelines for Local Government Infrastructure Plans to
remove the unnecessary cost, resource and time burdens placed on local governments. Full details
of the motion and the resulting outcome is provided in Attachment 1.
The LGAQ has been preparing a detailed response to support the 2016 LGAQ Annual Conference
Resolution 27 (Planning Powers - Local Government Infrastructure Plans - Amend, Simplify and
Remove Unnecessary and Irrelevant Statutory Requirements) (Attachment 1) and is currently
awaiting feedback from its local government Advisory Group set up to review such Planning issues.
They have also been in discussion with the Department of Infrastructure, Local Government and
Planning in attempting to have the LGIP requirements simplified and reduced.
Chapter 5 and associated schedules of the proposed new Minister's Guidelines and Rules (MGR)
will replace the current Statutory Guidelines 03/14 and 04/14 applying to the preparation and
adoption of Local Government Infrastructure Plans (LGIPs). However, the issues remain
unchanged with no amendments proposed to simplify and remove the unnecessary and irrelevant
requirements previously reported to Council.
It is therefore considered appropriate that Council authorises the CEO to make a submission on
the new Minister's Guidelines and Rules to align with the 2016 LGAQ Annual Conference
Resolution 27 and also requesting the Department of Infrastructure, Local Government and
Planning liaise directly with the LGAQ when undertaking such amendments.
The Planning & Environment and Strategic Land Use Planning branches have been consulted and
have no other issues or items for including in a submission.
Previous Council Consideration
Ordinary Meeting, 28 August 2014, Item 5, Page 9
That Council note the report by the Infrastructure Assessment Officer to the Planning &
Organisation Committee Meeting dated 19 August 2014 and:
A. Resolve to undertake an amendment to the Priority Infrastructure Plan in accordance with
the recent amendments to the Sustainable Planning Act 2009 and corresponding new
Statutory Guideline 03/14;
B. Request staff to prepare an amendment to Council’s Infrastructure Charges to satisfy the
Sustainable Planning Act 2009 for presentation to a future Council meeting; and
C. Request the Chief Executive Officer to negotiate with Unitywater regarding a simplified
infrastructure “charges breakup” agreement applying a weighted average demand
approach for inclusion in the future amendment to Council’s Infrastructure Charges.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
Ordinary Meeting, 21 July 2016, Item 9, Page 7
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 12 July 2016 and approve the Priority Infrastructure Area
(PIA) Maps provided at Attachment 1 for the proposed Local Government Infrastructure Plan
(LGIP) to replace the current Priority Infrastructure Plan (PIP) of the current Noosa Plan planning
scheme.
Ordinary Meeting, 18 August 2016, Item 1, Page 14
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 9 August 2016 and the further report to the General
Committee Meeting dated 15 August 2016 and agree to present a motion to the 120th LGAQ
Annual Conference as provided at Attachment 1 to the further report to the General Committee
Meeting.
Finance & Risk
If the desired action is implemented and the unnecessary requirements were removed from the
Statutory Guidelines, it would:
greatly reduce the amount of time, resources, effort and costs to all local governments and
their communities;
enable concentration on detailing the future infrastructure requirements and costs necessary
in providing infrastructure for development growth;
have no impact on the purpose of a LGIP as described in sections 2.2 to 2.4 of the current
Statutory Guideline 03/04 or for what a LGIP does as stated in Schedule 2 Dictionary of the
new Planning Act since this all relates to future infrastructure required for future development;
have no impact for the Development Industry since the legislation has set the permissible
maximum charges, enabled establishment costs for future works for offsets to be revalued
by development and enabled conversion applications of non-trunk infrastructure to become
trunk infrastructure that is not currently in a LGIP; and
significantly reduce the time required for local governments to achieve LGIPs thereby
promoting the State Government’s desired direction for planning reform and not “at the
expense of community participation or the role of local government” per the Deputy Premier’s
statement May 2015 contained on the Department’s website.
Consultation
External Consultation - Community & Stakeholder
Manager – Planning, Development & Environment, Local Government Association of Queensland
Internal Consultation
Manager, Planning & Environment
Planning Scheme Project Manager
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
Governance Infrastructure Planning & Design
Human Resources x Planning & Environment
Sustainability x Strategic Land Use Planning
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
ATTACHMENT 1
120% LGAQ Annual Conference
Wo 4 LD Gold Coast Convention & Exhibition Centre
2684-2690 Gold Coast Highway, Broadbeach
ORDER 18 - 20 October 2016
W Ej #icaq2016
PLANNING AND DEVELOPMENT
Submitting council / organisation
Noosa Shire Council
Date of council / organisation resolution LGAQ Policy Executive district
18 August 2016 District 2 — South East
: , 27 - Planning Powers - Local Government Infrastructure Plans - Amend,
eee cael Simplify and Remove Unnecessary and Irrelevant Statutory Requirements
Motion That the Local Government Association of Queensland lobby the State Government to
amend the Statutory Guidelines with respect to Local Government Infrastructure Plans
(LGIPs) in order to remove the unnecessary cost, resource and time burdens
reimposed on local governments, with this to be achieved by:
a) removing obsolete requirements for itemised detailed costing of existing assets
plus determination of network catchment demand allocations that are irrelevant
under the current adopted infrastructure charges regime (these former “PIP &
ICS” requirements were necessary only for determining charge rates and were
thus discarded in the 2011 legislative amendments on introduction of adopted
charges);
b) removing the requirement for third party reviews of draft LGIPs by an appointed
reviewer (note that this matter was raised under motion 28 at the 118th LGAQ
Conference to no effect); and
c) simplifying all LGIP review and approval processes to accord with a single
process as currently described for an “interim local government infrastructure plan
amendment’ - this being identical for “making and amending a planning scheme
policy”.
27(a) MOVER: Cr T. Wellington (Noosa)
SECONDER: Cr F. Wilkie (Noosa) CARRIED
27(b) MOVER: Cr T. Wellington (Noosa)
SECONDER: Cr F. Wilkie (Noosa) CARRIED
27(c) MOVER: Cr T. Wellington (Noosa)
SECONDER: Cr F. Wilkie (Noosa) CARRIED
23|Page
AJIT Kags ap Yow Yow Wiew &f & fh mm. te We 1b B
1s HOW i)
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Page 30 of 106
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
2016 - Resolution 027 - Planning Powers - Local Government Infrastructure Plans - Amend, Simplify a... Page 1 of 5
2016 - Resolution 027 - Planning Powers - Local
Government Infrastructure Plans - Amend, Simplify and
Remove Unnecessary and Irrelevant Statutory
Requirements
27 - Planning Powers - Local Government Infrastructure Plans - Amend, Simplify and Remove
Unnecessary and Irrelevant Statutory Requirements
Noosa Shire Council
That the Local Government Association of Queensland lobby the State Government to amend the Statutory
Guidelines with respect to Local Government Infrastructure Plans (LGIPs) in order to remove the unnecessary
cost, resource and time burdens reimposed on local governments, with this to be achieved by:
a) removing obsolete requirements for itemised detailed costing of existing assets plus determination of network
catchment demand allocations that are irrelevant under the current adopted infrastructure charges regime (these
former “PIP & ICS” requirements were necessary only for determining charge rates and were thus discarded in
the 2011 legislative amendments on introduction of adopted charges);
b) removing the requirement for third party reviews of draft LGIPs by an appointed reviewer (note that this matter
was raised under motion 28 at the 118th LGAQ Conference to no effect); and
c) simplifying all LGIP review and approval processes to accord with a single process as currently described for
an “interim local government infrastructure plan amendment” - this being identical for “making and amending a
planning scheme policy”.
27(a) MOVER: Cr T. Wellington (Noosa)
SECONDER: Cr F. Wilkie (Noosa)
CARRIED
27(b) MOVER: Cr T. Wellington (Noosa)
SECONDER: Cr F. Wilkie (Noosa)
CARRIED
27(c) MOVER: Cr T. Wellington (Noosa)
SECONDER: Cr F. Wilkie (Noosa)
CARRIED
Background
The local government infrastructure planning and charging framework has been subjected to continual legislative
change since the commencement of the Integrated Planning Act 1997 (IPA) and the Sustainable Planning Act
2009 (SPA) through to the present day. However, each time the legislation has changed, it has created further
complications and difficulties for local government to achieve the task of completing the required statutory
documents and at significant additional cost for something that should otherwise be straight forward, fit for
purpose and simple to undertake and achieve.
The current adopted charges regime commenced in July 2011, applying infrastructure charges through local
government resolutions with maximum charge levels capped under the State Planning Regulatory Provision
(adopted charges). These resolutions can also incorporate all the trunk infrastructure network planning details
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otherwise required in a Priority Infrastructure Plan (PIP) up until the cut-off date for when a new current Local
Government Infrastructure Plan (LGIP) must be in place.
It should be specifically noted that the pre-2011 PIPs (introduced by legislative amendments in September 2004)
required full costing of existing and future trunk infrastructure along with demand catchment apportionment
specifically for the purpose of developing Infrastructure Charges Schedules (ICS) in determining the level of
infrastructure charges that development were to contribute towards each trunk network. These PIPs required 3rd
party review by the Queensland Competition Authority (QCA) undertaken and paid for by the State Government
as part of their review. Due to the complicated, time consuming, resource and cost hungry processes involved to
prepare these PIPs with ICS'’s, only a handful of Local Government PIPs ever made it to the QCA review stage
that occurred during 2008-2009. Following these QCA reviews, this process then ceased with commencement of
further legislative reviews and changes for infrastructure planning and charges.
On commencement of the 2011 adopted charges legislative amendments, PIPs no longer contained ICSs as
these are now obsolete under the new adopted charges regime with only costing of future trunk infrastructure
remaining relevant. Subsequently, many Local Governments were able to instigate the required infrastructure
planning documents quickly, initially through adopted charges resolutions prior to completing and adopting PIPs.
The July 2014 SPA legislative amendments continue the adopted charges regime along with additional offset,
revaluing and conversion infrastructure provisions for development but also requires Local Governments to have
a new LGIP completed under new statutory guideline requirements.
The LGIP Statutory Guideline 03/14 has now reintroduced all the former PIP with ICS requirements that were
previously discarded in the 2011 amendments through a Schedule of Works Model (SOW) but without any
logical reason or purpose for doing so. For example, it has reintroduced full costing of both existing and future
infrastructure along with allocating demands on a per catchment basis for each trunk network that will provide a
cost rate per demand unit per catchment per network etc identical to what the former ICS did. However, the
infrastructure charges to be issued are no longer determined in this way but instead continue to be governed by
the State Planning Regulatory Provision (adopted charges) with capped maximums.
Also reintroduced are 3rd party reviews of draft LGIPs by an appointed reviewer that must now also be engaged
and paid for by Local Government prior to State reviews under a drawn out time consuming statutory process
under Statutory Guideline 04/14. This issue has previously been raised under the previous motion no 28 at the
118th LGAQ Annual Conference in 2014 but unfortunately has not instigated any corrective actions by the State
Government to date.
There clearly is no longer any need for these overly burdensome requirements for costing of existing
infrastructure, demand catchment allocation and multiple reviews by different parties other than directly by the
local government itself. Furthermore, it also serves no purpose for the development industry having had all their
previous issues addressed via the legislative tools regarding the level of charges, infrastructure offset, revaluing
and conversion provisions.
Therefore, much of the work required to be undertaken to satisfy the Statutory Guidelines is now a complete
waste of valuable time and resources and places a completely unnecessary administrative and cost burden on
Local Governments and their communities for no real purpose or tangible benefit.
The historical miniscule results over the last 20 years of numerous infrastructure planning and charging reform is
sufficient evidence that the past and current framework is completely unreasonable and unworkable.
The LGIP requirements and whole process needs to be greatly improved to become fit for purpose, easily
attainable and manageable by Local Government under a system that is simple, straight forward, not overly
bureaucratic and easily updatable. For example, enabling LGIP details to remain in “charges resolutions” or
simply apply the interim LGIP amendment process (i.e. limited to Local Government review and Public
consultation) for all LGIP requirements would easily achieve this as has already been clearly and satisfactorily
demonstrated. In contrast, the new LGIP requirements under the new Statutory Guidelines have nil results to
show since its introduction over two years ago.
The Planning Act 2016 is due to commence next year and a draft Interim Minister's Guidelines and Rules
document has just been released on the Departments website. At this time, a full review of this new guideline
has not been completed but preliminary perusal highlights the same unnecessary and irrelevant requirements
continuing and a potential for further complications.
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This issue of how Local Governments have to undertake preparation of LGIPs should be no different to the way
the State has undertaken preparation and implementation of its own State Infrastructure Plan which is identical to
an “Interim LGIP amendment’.
The current LGIP requirement is considered completely contrary the statement on Department of Infrastructure,
Local Government and Planning website page “BETTER PLANNING FOR QUEENSLAND?” quote:
'We believe that planning reform can deliver a more efficient system that supports investment and jobs, but don't
believe this must come at the expense of community participation or the role of local government’.
Deputy Premier, Jackie Trad (May 2015)
For further clarification, justification and backup information that the three aspects within the motion proposed
were once in the instruments, then removed, and subsequently re-imposed, additional details are provided as
follows:
a) Costing of existing assets and catchment demand allocation:
Was first required in |CS component of PIP under IPA in September 2004 and carried on through SPA.
(Note ICP’s i.e. Noosa’s adopted and implemented CMRNICP did not require existing costing but did
require catchment demand allocation across future costs that determined charge rates for future
development).
Was then removed in 2011 legislative amendment where PIPs no longer required |CS component.
Re-imposed in 2014 legislative amendment through Statutory Guideline 03/14.
b) Third party reviews of draft LGIPs:
Was first required in ICS component of PIP where 3rd party review was undertaken by Queensland
Competition Authority (QCA) and paid for by the State Government but it still cost local governments a
ton of money through a year of staff time explaining and going through everything in detail with the
QCA's consultants.
Was then removed in 2011 legislative amendment where PIPs no longer required ICS component and
QCA review. PIP details could then temporarily form part of an local government's “Adopted
Infrastructure Charges Resolution” prior to adopting PIP’s that also no longer required this 3rd party
review (however still required State approval).
Re-imposed in 2014 legislative amendment through Statutory Guideline 03/14 but this time with the
additional cost for local government to additionally engage and pay for the independent reviewer.
c) Simplifying all LGIP review and approval processes:
Pre and post IPA and SPA, infrastructure planning and charging details could be undertaken through
PSP's and their simple process until completion of ICP’s and then PIPs. (PSP’s also continued in force
up until the 2011 legislative amendments).
ICP process commenced under IPA and continued through SPA but only with State reviews. PIPs with
ICS processes introduced under IPA in September 2004 with QCA review in addition to State review
and continued through SPA.
PSPs, ICPs and ICSs ceased under 2011 legislative amendment where PIPs no longer required ICS
component and PIP details could form part of a local government's Charges Resolution prior to adopting
PIP’s through a simplified process (i.e. without 3rd party review, existing infrastructure costings and
network demands etc.). This also made it much easier and quicker for Department's State review as
evidenced by the large number of simplified PIP’s being approved and adopted.
The full complicated PIP with ICS and 3rd party review and approval process (but with independent
reviewer in lieu of QCA) re-imposed for LGIP’s in 2014 legislative amendment through the Statutory
Guidelines 03/14 and 04/14 but also added a second independent reviewer review prior to State 2nd
review.
What is the desired outcome sought and What are the impacts on local government?
That a simple and common sense review and amendment of the Statutory Guidelines 03/14 and 04/14 for Local
Government Infrastructure Plans be made to address the above mentioned concerns to remove the current
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unnecessary and irrelevant requirements costing Local Governments and their communities’ unnecessary
expense.
If the unnecessary requirements were removed, it would:
greatly reduce the amount of time, resources, effort and costs to local government;
enable concentration on detailing the future infrastructure requirements and costs necessary in
providing infrastructure for development growth;
have absolutely no impact on the purpose of a LGIP as described in sections 2.2 to 2.4 of the Statutory
Guideline 03/04 since this all relates to future infrastructure costs required for future development;
have no impact for the Development Industry since the legislation has set the permissible maximum
charges, enabled establishment costs for future works for offsets to be revalued by development and
enabled conversion applications of non-trunk infrastructure to become trunk infrastructure that is not
currently in a LGIP; and
drastically speed up the ability for local governments to actually achieve LGIPs thereby promoting the
State Government's desired direction for planning reform and not “at the expense of community
participation or the role of local government” per the Deputy Premier’s statement May 2015 contained
on the department's website.
LGAQ Comment
The current LGAQ Policy Statement includes:
6.1.2.3 Local government supports the implementation of a permanent infrastructure funding framework that
does not further shift the cost burden onto councils and the community.
6.1.2.4 Local government supports the use of an adopted infrastructure charge option given the simplicity,
legal clarity, and certainty provided by such a framework. Local government opposes the use of an adopted
infrastructure charge option where a maximum charge is imposed unless supported and offset by State
Government subsidies for essential development infrastructure.”
This policy supports item a) of the above stated motion such that the resourcing and effort required to undertake
local government infrastructure planning must be commensurate with the value of the infrastructure funding
available to councils. In other words, under a ‘capped’ charging framework it is reasonable to undertake less
sophisticated and/or detailed infrastructure planning
The LGAQ's 2015-16 Advocacy Action Plan states that “an equitable development infrastructure planning and
funding framework that does not shift the cost burden onto councils and the community” is sought. This will be
best achieved through:
Restoration of the ability for councils to set conditions related to trunk infrastructure;
Provision of equitable offset and refund arrangements to ensure the financial sustainability of councils;
Removal of unnecessary red-tape application process for converting trunk infrastructure conditions; and
Provision of equitable arrangements for planning, infrastructure delivery and cost sharing for all
infrastructure designations, including both State and private schools.
The Queensland Parliament passed the Government Planning Bill(s), with amendments, on 12 May 2016. The
Planning Act 2016 is expected to commence in mid-2017. Overall, the LGAQ was disappointed the new
legislation does not address the priority local government issues identified in the LGAQ'’s submission(s) on the
Planning Bills. The inaction was reflective of the Infrastructure, Planning and Natural Resources Parliamentary
Committee’s Report on the Planning Bills, tabled on 8 April 2016, which only included eleven (11)
recommendations and superficially considered local governments’ priority concerns.
Specifically, the priority local government issues include:
Retention of the inequitable infrastructure offset and refund requirements;
Inclusion of the unnecessary process for an applicant to convert non-trunk infrastructure conditions; and
Retention of the Third Party State Interest Review of local government infrastructure plans (at councils’
own cost).
The LGAQ maintains the requirement for councils to pay for their own Third Party State Interest Review is an
unequivocal cost shift onto local governments. The LGIP is a key component of a planning scheme and should
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be reviewed as part of the State Interest review function undertaken by the State. As such, all costs of a State
Interest review must be borne, in principle, by the State Government. To require local governments to pay for
their own State Interest review is unreasonable and a cost shift to councils and their local communities. No other
local government instrument requires such a review that may cost council between $19,000 and $35,000 (a
conservative range for a medium size LGIP, with some larger LGIP councils citing more than double the costs).
The LGAQ also maintains that it is unreservedly incongruous to allow a local government's consultant to also be
an Appointed Reviewer, but not an experienced local government officer.
Through resolute advocacy and the numerous submissions to the State Government, the LGAQ has identified a
need for removal of the necessity for a third-party review of a Local Government Infrastructure Plan (LGIP) by an
appointed reviewer. Further, the LGAQ has recommended simplification of the Interim Minster’s Guidelines and
Rules associated with the process to make or amend a LGIP.
These advocacy activities support items b) and c) of the above stated motion.
Formal Response/s
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5 DEVELOPMENT OF THE CLIMATE CHANGE ADAPTATION PLAN
DOCUMENT INFORM AT ION
Author Program Coordinator Climate Change Adaptation, Grant Hinner
Strategic Land Use Planning Branch
Index ECM/Subject/Climate Change
Attachments 1. Draft Community & Stakeholder Communications and Engagement
Plan
2. Draft Project Control Group Charter
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Program Coordinator Climate Change Adaptation to the
Planning & Environment Committee Meeting dated 11 April 2017 and
A. Approve the Community & Stakeholder Engagement and Communication Plan for the
project;
B. Note the draft Climate Change Adaptation Plan (CCAP) Project Control Group charter; and
C. Appoint Councillors __________ and_________ as members of the CCAP Project Control
Group.
REPORT
Work has commenced on the development of a Climate Change Adaptation Plan for Noosa Shire.
The Plan will:
Improve Noosa Council and the community’s understanding of current & future risks from
coastal hazards and how they might change through time as a result of climate change;
Enable Council to consult with the community clearly and sensitively throughout key stages
of the project so the community understands the implications and contributes to the decision
making;
Identify what actions are required to avoid, reduce or adapt to climate change risks as they
relate to people, property, assets and the environment;
Provide mapping & visual products and deliverables that are useful for a range of purposes
across Council departments and functions and within the community (e.g. planning scheme,
asset management, community awareness, disaster management and financial planning;
and
Provide direction and actions for a coordinated approach for Council and the community to
adapt to climate change and coastal hazards.
A Community & Stakeholder Engagement and Communication Plan has been prepared to guide
consultation activities across the life of this two year project (Attachment 1). A broad range of
stakeholders and community interests are to be involved to address issues relating to
social/community, economic and environment interests and infrastructure and assets. The
consultation processes have been designed to ensure the Climate Change Adaptation Plan is
appropriately informed, relevant to local circumstances and builds community understanding of
Noosa’s climate change risks and potential adaptation actions.
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The project is still in its early stages. Procurement of a consultancy to undertake the core body of
work for the project – covering coastal hazards assessment, vulnerability and adaptation options
– is currently in the proposal review stage. This work is planned to commence by mid-April.
Proposed Project Control Group
The development of the Climate Change Adaptation Plan (CCAP) will be guided by a Project
Control Group (PCG). The purpose of the PCG will be to provide high level guidance and direction
to the project team on both the processes (including scope) involved in conducting the background
assessment report, assessments, and the content of the final adaptation plan. This will include
ensuring relevant public and private interests are being considered during the project and that
inputs meet nominated deadlines (Attachment 2 – draft Project Control Group Charter).
Finance & Risk
The development of this plan will be coordinated ‘in house’ by the Program Coordinator Climate
Change Adaptation with support from internal stakeholders and external subject matter experts.
Funding has been secured for the coastal hazards adaptation component under the QCoast2100
initiative, which is being administered by LGAQ on behalf of Department EHP.
Consultation
External Consultation - Community & Stakeholders:
The draft Community & Stakeholder Engagement and Communications Plan has been developed
to ensure that the community is able to provide critical input to the plan, particularly regarding the
identification of valued assets and adaptation response development.
Internal Consultation:
Principal Strategic Planner, Planning and Infrastructure
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
Governance Infrastructure Planning & Design
Human Resources Planning & Environment
Sustainability X Strategic Land Use Planning
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Attachment 1
Climate Change Adaptation Plan D>
Community Engagement and Communications Plan
Project Name Climate Change Adaptation Plan
Date 1 March 2017
Department Branch Strategic Land Use Planning
Contact Grant Hinner — Program Coordinator Climate Change Adaptation (+617 5329 6432)
1 March 2017 Target finish date 30 December 2018
Project Description
To help the Noosa Shire region adapt to and mitigate the likely effects of climate change over time, Noosa Council
is responding to potential climate change risks by undertaking a two year project to develop a Climate Change Adaptation
Plan (CCAP) in order to build adaptive capacity within Council and across the community. The project is being partly funded
under the Queensland Department of Environment & Heritage Protection’s QCoast2100 coastal hazard adaptation initiative,
which is being administered by the Local Government Association of Queensland (LGAQ).
Design - Project background
An important part of being a liveable community is ensuring the safety of people, property and the environment from natural
hazard risks. Existing and future natural hazards, including impacts of future climate change, present a number of challenges
and threats to Noosa Shire. The significance of these threats will be amplified by the region’s coastal location, development
pressures, settlement pattern and significant and vulnerable coastal environments and biodiversity.
Although the likely climate change-related impacts are not projected to occur for some time, it is critical Council ensures that
it takes proactive and informed action regarding climate change and disaster management to improve its own and the
community’s preparedness, as well as to help ensure Noosa’s natural values are resilient in the face of environmental
change.
Risks of not proceeding with this project include:
e Council and the community may be subject to increased levels of risk to key assets (public and private) and human
health.
e Future planning schemes will not be reliably informed as to the likely impacts of climate change on future land use
and development considerations and constraints;
e Reputational risks may be incurred as a result of not maintaining alignment with Council's Sustainability Principles;
e Damage to- or loss of valuable ecosystems and ecological processes may occur;
e Damage to key infrastructure or the broader Noosa economy could result in significant financial impacts; and,
e Legal action undertaken could be undertaken against Council in response to real or perceived financial losses.
Design - Understand context & scope project :
Context
Political
e Given the reach within the community and various interest groups, the Climate Change Adaptation Plan will be of
considerable interest and it is important to keep the community engaged throughout the project.
Economic
e Adaptation responses may involve significant capital expenditure and therefore require long term financial planning
e Economic impacts on Noosa’s local economy and tourism industry as a result of climate risks will be an important
consideration
Social
e Impacts to private property and community assets will be an important consideration for the project
Technological
e New methods of communicating using innovative digital technology will be employed.
Legal
e The project is funded under grant funding agreement between LGAQ and Council.
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e There are legal implications for council to consider regarding legal liability and fiduciary duty concerning disclosure.
Environmental
e Healthy Land & Water objectives regarding Noosa River.
e Local environmental groups’ considerations.
Historical
e Itis expected that the majority of the community accepts the science underpinning climate change projections, and
thus would support Council's objectives with regard to the development of the Plan.
e ANoosa Shire Climate Change Adaptation Strategy was prepared by SEQ Catchments and NICA some 5 years and
included considered community consultation. This serves as a first pass assessment of adaptation actions and an
initial based for this project.
The CCAP will need to take into account other relevant planning studies, plans and strategies, and the implications for the
New Noosa Plan.
SCOPE
The CHAS will only cover:
e Coastal hazards in Noosa Shire, including flooding, sea level rise, storm surge, and coastal erosion.
e Risks posed by the above to biodiversity, Council assets and infrastructure, and other tangible and intangible assets
within the affected areas.
e Internal and external consultation (community engagement) during plan development.
e Alignment with- and impact on existing and future Council plans and policies
The CCAP will cover, in addition to the CHAS, in broad terms:
e Other existing hazards such as terrestrial flooding, human health, agricultural production, and bushfire, and the
role climate change may have acting as an amplifier or suppressor within a local context.
e The impact of events outside of Noosa Shire that may pose risks inside of it (i.e. interdependencies), such as
impacts on State energy infrastructure as a result of climate change.
Design - Project Aims — bullet points
The Climate Change Adaptation Plan will:
e Improve Noosa Council and the community's understanding of current & future risks from coastal hazards and how they
might change through time as a result of climate change;
e Enable council to consult with the community clearly and sensitively throughout key stages of the project so the community
understands the implications and contributes to the decision making;
e Identify what actions are required to avoid, reduce or adapt to climate change risks as they relate to people, property,
assets and the environment;
e Provide mapping & visual products and deliverables that are useful for a range of purposes across Council departments
and functions and within the community (e.g. planning scheme, asset management, community awareness, disaster
management and financial planning; and
e Provide direction and actions for a coordinated approach for council and the community to adapt to climate change and
coastal hazards.
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Design - Understand stakeholders & identify roles and influence of groups and individuals
Key Internal Stakeholders
o Council
o Leadership Team
o Planning & Infrastructure Department
o Community Services Department
o Corporate Services Department
o Executive Office
o Project Control Group (PCG)
Key External Stakeholders
o LGAQ & NCCARF
o State Government (Dept. of EHP)
o Environment and NRM groups
o Tourism bodies
o Chambers of Commerce
o Residents and rate payers
Other relevant stakeholders
o Broader coastal-area community (businesses and private property owners)
o Hinterland communities
o Agricultural enterprises
o Media
o Utility and infrastructure asset owners
o Education providers
© Project Working Group (a mix of key internal and external stakeholder/stakeholder group representatives)
Plan - lAP2 level — inform= tell them, consult =ask them, involve= bring them into the discussion, collaborate = work with
them, or empower = they tell us what they want and we do it
The IAP2 level will vary depending on the stage of the project. The most commonly applied levels will be inform, consult
and involve, with some collaboration possible in the later stages of the project.
Plan - Components and sequence
Techniques for Seeking Feedback — General public will be via surveys and feedback forms. More targeted feedback is likely
to be sought with select stakeholders, either via 1-on-1 interviews or through group discussion (e.g. roundtable) format.
Techniques for Engagement - Your Say Noosa (YSN) and Social media (Instagram & Facebook)
Techniques for involving groups of people — meeting with stakeholders, workshop sessions, site visit/field trip
Other - The project is investigating the potential use of augmented reality (AR) and other innovative digital visualisation
tools to enhance stakeholders’ ability to better understand what the hazard mapping, risk analysis and potential adaptation
options mean for them personally and across their local community.
Project list of tools:
Internal:
e Home page intranet
e Emails directly to Customer Service, Planning & Environment, Plumbing & Building, Community Development,
Economic Development and Executive Office/Councillors
e Briefings for Councillors and departmental branches/teams as needed or specifically requested
e Project Working Group (internal and external stakeholders)
e Project Control Group
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External:
e Media release
e Baseline knowledge and support surveys (for informing engagement plans and providing post-engagement
effectiveness/success indicators to measure against)
e YSN web page established consultation material to be provided and feedback encouraged.
e Static displays — Noosa Council Chambers, Cooroy Library, Noosaville Library, Mobile Library bus
e Target 2 - 3 high school classes for youth input
e “Climate Café” (World Café-style event for workshopping adaptation options)
e Site tours/field trips with individual stakeholder groups, use of AR a possibility at this point
e Information/fact sheet
e Key stakeholder group briefings (where requested)
e Social Media including Facebook and Instagram
e Surveys and Response form
The specific engagement channels and tools expected to be utilised for each phase of the project are:
Phase 1: Develop life-of-project stakeholder communication and engagement plan (Mar - Apr 2017)
e Media release updating community on commencement of project, with key project details (e.g. scope & schedule)
e Community survey released via dedicated YSN page and announced in media release and on Council Facebook
page
e Report to council updating them on project status and seeking endorsement of PWG and PCG
e Establishment of PCG and PWG
Phase 2: Scoping of coastal hazard issues (Mar - Apr 2017)
e Commission consultant and commence scoping
Phase 3: Identification of areas exposed to current and future coastal hazards (Apr — Jun 2017)
e Presentation of Draft Report to PCG & PWG
e Final Coastal Hazards Assessment Report submitted to Council
e Summary of results posted on YSN informing community
e Static display summarising the need for the project; its aims and scope; and high-level hazard mapping results,
setup at Libraries.
Phase 4: Identification of key assets impacted (May — Jun 2017)
e PWG workshops (one each for biodiversity and one for other assets)
Phase 5: Risk assessment of key assets in coastal hazard areas (Jun — Aug 2017)
e Draft report submitted to PWG, PCG and Council for consideration, and to seek endorsement for field trips and
beginning Phase 6
e Demonstration of draft web-based mapping tool to PCG & PWG
e Update briefing with LGAQ program coordinator and possibly representatives from DEHP
e Media release updating community of project and post update to YSN
e Field trips/meetings with key external stakeholder groups (business, homeowners, environmental and
infrastructure/utilities) to outline summary findings of Phases 2-5 and seek their input on community values.
Phase 6: Identification of potential adaptation options (Aug — Sept 2017)
e Present draft adaptation options report to PWG, PCG and Council
Phase 7: Socio-economic appraisal of adaptation options (Oct — Nov 2017)
e PWG and PCG workshop
e Presentation of final reports to key internal stakeholders, PWG, PCG and LGAQ.
Phase 8: Final adaptation plan and implementation planning (Jan — Oct 2018)
e Submission of final report to Council, and presentation of project summary, progress and achievements to date, and
next steps.
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¢ Community workshops (“Climate Café”) and determine appropriate adaptation planning processes and timescales
e Release of discussion paper seeking input on set of adaptation options and announcing Climate Café workshops.
e Publish first draft adaptation plan seeking community feedback (minimum 28 day consultant period).
e Submit second draft adaptation plan to PWG, PCG and councillors for final input.
e Final adaptation plan tabled at P&E Committee meeting and Council meeting.
e Final survey gauging public understanding and overall feedback on the project
e Release plan on YSN
e Presentation to representatives from LGAQ and DEHP on project findings and results.
Manage — Deliver, monitor response and establish success metrics |
Indicators and outcomes for success include:
e Council is provided with a better understanding of community concerns and issues regarding the project
e The project team ensured that people who have low interest but who are potentially highly impacted were made
aware and provided with the opportunity to contribute
e The engagement contributed to better outcomes for the project
¢ The level of community engagement was adequate to represent the concerns of those impacted by the project
e Stakeholders/participants perceived that the process fairly considered their input
e Stakeholders perceived that council was sincere in its desire to obtain public input
e Participants understood the objectives and process
e Participants perceived that the process was sufficiently flexible to address issues as they arose
e Participants believe that they had the information they needed to contribute to the level they desired
Other measurements to be employed to gauge the success of the engagement include:
e Media responses
e Number of submissions received
e Anassessment of the quality of feedback provided by the community
Databases used and file location
N:\07 Planning\19 Strategic Planning\Climate change and coastal management\Climate Change Adaptation Plan\Project 1 -
Community & Stakeholder Engagement Strategy
ECM: Subject/Climate Change
New databases created and file location — that will be created for this project. Include stakeholders. Location on ECM.
Please send to CE Branch to load to our Lists page if appropriate to share internally.
e Climate change stakeholder database lists
e Database list of submitters and their contributions during public consultation process
e YSN database
File locations as per above
Expected communications required — at what stages, pre, during, post, any particular publications/newsletters/social
media. Note that there is a specific Communications Plan template available on the Intranet under Community Engagement
External communications Internal communications
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“1 Media releases/liaison U Article in Pelican Brief newsletter
(1 Council Facebook page Councillor briefing
(1 Fact Sheets (| Staff email
[| Project news
‘| Noosa Council dedicated webpage (update)
L) Noosa Library eNews
|] Pop up displays at libraries
|| Events calendars
| Closing the gap
Methods for acknowledging submitters and informing community of progress/outcomes:
Email
Letter
Media Release
Your Say Noosa - news feed
Social Media - post
‘Action Plan & Timeline
Please project phases and timelines above.
Debrief — what worked/what did not; rate CE Branch’s service or how it could be improved; what more could we do to tidy
up — website pages, links on pages to plans, newsfeed, final plans on Your Say Noosa; acknowledge submitters
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Stakeholder Groups — Levels of Impact and Interest
This diagram helps when developing an understanding of which groups and individuals require most
communicating with and engaging with to have a successful project.
Where there is a low level of interest, but the impact of Councils decisions will be high, creative
thinking will be required to ensure that these groups or individuals are reached during the
consultation.
High
Impact
Low ; ,
impact
Low Interest High Interest
eee...
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Attachment 2
COUNCIL .
Project Control Group Charter
CLIMATE CHANGE ADAPTATION PLAN
Name Climate Change Adaptation Plan (CCAP) Project Control Group (PCG)
Goals The CCAP will:
e Improve Noosa Council and the community’s understanding of current &
future risks from coastal hazards and how they might change through time
as a result of climate change;
e Consult with the community clearly and sensitively throughout key stages
of the project so the community understands the implications and
contributes to the decision making;
e Identify what actions are required to avoid, reduce or adapt to these risks
to people, property, assets and the environment;
e Provide mapping & visual products and deliverables that are useful for a
range of purposes across Council departments and functions and within
the community (e.g. planning scheme, asset management, community
awareness, disaster management and financial planning; and
e Provide direction for a coordinated approach for council and the
community to adapt to climate change and coastal hazards.
Roles & The primary role of the PCG is to provide high level guidance and direction to
Responsibilities the project team on both the processes (including scope) involved in
conducting the background assessment report, assessments, and the content
of the final adaptation plan. This will include ensuring relevant public and
private interests are considered during the project and that inputs meet
nominated deadlines. The PCG is comprised of internal stakeholders only.
PCG members are to respect the confidentiality of draft CCAP findings and
material. The PCG would have oversight of higher level policy related matters.
Timeframes Council has agreed to a project schedule with Local Government Association
of QLD. Principal timeframes are:
e 2017/2018 — Continuous community and stakeholder engagement
e 2017 — Conducting coastal hazard risk, vulnerability and adaptation
assessment
e 2018 — Development of final adaptation plan and implementation plans
Meeting Bi-monthly or as needed according to Project Plans
Frequency
Membership Cr Tony Wellington (Mayor)
Cr (pending)
Cr (pending)
Chief Executive Officer (ex officio)
Director, Planning & Sustainable Environment
Director, Infrastructure Services
Director, Community Services
Director, Corporate Services
Rebecca Britton — Principal Strategic Planner
Meeting Grant Hinner — Program Coordinator Climate Change Adaptation
Coordinator
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6 OPW16/0189 - DEVELOPMENT APPLICATION FOR OPERATIONAL WORKS
PRESCRIBED TIDAL WORKS - EXTENSION TO AN EXISTING DECK 290 GYMPIE
TERRACE NOOSAVILLE
Author Planning Coordinator, Patrick Murphy
Planning & Infrastructure Department
Index ECM/Application/OPW16/0189
Attachments 1. Locality Plan
APPLICATION DETAILS
Applicant Pile-It Pty Ltd
Proposal Development Permit for Operational Works Prescribed Tidal Works –
Extension to an existing deck
Properly Made Date 12 September 2016
Information Request Date 30 September 2016
Information Response Date 7 March 2017
Decision Due Date 4 April 2017
PROPERTY DETAILS
Property Address Jetty 290 Gympie Terrace NOOSAVILLE QLD 4566
RP Description Lot 159 CP 901988
Land Area 1859 Square Metres
Existing Use of Land Jetty for boat hire and ferry access
STATUTORY DETAILS
SEQRP Designation N/A
Locality Noosaville
Zone N/A
Overlays Acid Sulphate Soils, Flood Hazard
Assessment Type Code
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 11 April 2017 regarding Application No. OPW16/0189 for a Development Permit for
Operational Works for Prescribed Tidal Works – Extension to an Existing Deck situated at 290
Gympie Terrace Noosaville and:
A. Refuse the application for the following reasons:
1. The proposed works are contrary to the Noosaville Locality Code as the works are for
non-marine commercial purposes that will result in an increase in the overall scale and
intensity of commercial operations on and adjacent to the Noosa River;
2. The proposed works are contrary to the Watercourses Works Code as the works are
not for the sole purpose of providing access to vessels and the applicant has not
demonstrated clear public benefit and support for the works; and
3. The proposed works are contrary to the IDAS Code for Prescribed Tidal Works as the
proposal does not make any provision towards car parking facilities.
B. Advise the applicant that a Material Change of Use is required for the cafe to operate from
the premises and that Council will give further consideration to the decks at the time the
Material Change of Use application is lodged and once community consultation is undertaken
for the Noosaville Foreshore Land Use Master Plan.
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REPORT
PROPOSAL
The application seeks retrospective Operational Works approval for the construction of two decks.
The decks are adjacent to the eastern and western side of an existing structure on the site. The
proposed increases in area to the decks are:
Eastern side deck: 6.72m2- 1.60 metres x 4.20 metres
Western side deck: 6.84m2 - 5.7 metres x 1.20 metres
The applicant advises:
that the proposed extension to the existing decks was necessary to maintain a clear pathway
for public access to the jetty and ferry pick-up area once the access stairs to the building
were re-built to the current building code. The deck extensions provide a shaded seated
waiting area away from the existing public footpath for customers waiting for hire boats and
ferry pick-up. There are no changes/modifications to the existing premise to support the
intended uses.
The following image details the area of proposed works.
Figure 1: Site Plan
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Figure 2: Photograph of works area to eastern side of existing building during
construction
SITE DETAILS
Background
Application number Details of approval Approval date
TPC 158 Extension workshop and office 16 December 1971
The plans submitted with the application identify existing decking to the east and west of the
existing building. The approved plan for TPC 158 does not include any deck areas to the east and
west of the existing building. There is no record on Council’s information systems of an approval
being obtained for the ‘existing’ decks.
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Figure 3: Plan approved under TPC 158
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A review of aerial photography identifies that these decks were constructed after 1 September
2014.
Figure 4: Aerial photograph 1 September 2014 (NearMap)
Figure 5: Aerial photograph 9 April 2015 (NearMap)
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Figure 6: Aerial photograph 17 February 2017 (NearMap)
It is estimated that at least 20 square metres of additional decking has been developed and the
building extended towards the front of the site since approval TPC 158 was issued. There is no
record within Council’s electronic records management systems of any approval for these works.
The building as indicated by TPC 158, has been previously used in association with boat hire and
as a pick-up and drop off point for the Noosa River Ferry. It is also possible that there has been
the incidental sale of drinks, ice cream, fishing tackle and the like, although Council holds no
records of this.
In August 2014 Council officers provided written advice regarding the selling of coffee and pre-
packaged food from the premises, the advice included the following:
Council considers the selling of coffee and limited food products from the T Boats lease area
to be ancillary to the main use of the premises for boat hire, as long as it remains small scale
and is operated in a “take away” style. There is to be no expansion of the lease area to
accommodate the use or provision of seating on Council land; the coffee sale needs to be
internal to the existing boat hire office/shop.
Whilst the application is for an Operational Works approval, assessment has identified that the
works for which approval is sought, facilitate an intensification of the retail sales that may have
been previously occurring on the land. This intensification of the use goes beyond that which may
be allowed under existing use rights. The use is best described as a café. Due to the amount of
patrons able to be accommodated on site the café is a separate land use requiring a Development
Permit for a Material Change of Use for Entertainment and Dining Business – Type 1 Food and
Beverages.
An inspection of the site confirmed that the seating capacity of the two deck areas is in excess of
10 persons. Other observations include that persons not using the ferry or boat hire facilities are
also attending the premises to purchase coffee and take way items, and that the increased deck
areas have facilitated the provision of seating for the café.
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Figure 7: Photograph of the western deck
Figure 8: Image from the T-Boat Hire website of the eastern deck
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The provision of more than 10 seats is relevant as the planning scheme defines an Entertainment
and Dining Business – Type 1 Food and Beverages as:
The use of premises involving the sale of food and beverages for consumption on the
premises. The use class includes a function room or restaurant or cafe with dining facilities
for 10 or more people.
A Material Change of Use application has not been made.
The intensification of commercial operations beyond that permitted under existing use rights has
occurred to a number of premises with tidal leases on the Noosa River.
Council is currently formulating a foreshore management plan and it is considered that assessment
of a Material Change of Use application associated with these activities would be most suitably
undertaken once the management plan has been finalised.
Site Description
The site relates to a tidal lease area that is 1857 square metres in area. The site contains two
jetties situated on the eastern and western side of the lease area. Each jetty is approximately 25
metres in length and a building is situated adjacent to the western side of the eastern jetty.
This application relates to works associated with the eastern jetty.
A business named T-Boat Hire operates from the site, the business provides for the hire of boats,
jet skis, kayaks and stand up paddle boards. The site is also one of seven designated stops for the
Noosa Ferry Cruise.
A café named Waterline Espresso operates from the site and services patrons of T-Boat Hire, the
ferry service and the general public.
Surrounding Land Use
The subject site is situated adjacent to the foreshore which abuts Gympie Terrace. Commercial
and residential land uses occur on the opposite side of Gympie Terrace.
ASSESSMENT
Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and takes on the zoning of the adjoining
foreshore land which is Open Space Conservation Zone.
The proposed works require a Code assessment; the applicable codes are:
Noosaville Locality Code
Watercourses Works Code
IDAS code for Prescribed Tidal Works
The application has been assessed against each of the above applicable codes. The pertinent
issues arising out of the assessment against the codes are discussed below:
Noosaville Locality Code:
Specific Outcomes:
Noosa River Outcome 27
Commercial development on and adjacent to the Noosa River is designed to
a. provide for uses for marine facility purposes only;
b. be compatible with the scenic values of the waterway;
c. provide a high level of amenity, including ensuring low ambient noise levels;
d. not increase the overall scale and intensity of commercial operations;
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e. ensure no additional commercial leases on the Noosa River;
f. ensure no net increase in the gross floor area of buildings or structures;
g. use materials, natural finishes and colours that blend with the surrounding natural
landscape; and
h. reflect the character and setting of the locality (such as timber and tin construction with
a traditional pitched roof design).
The applicant’s response to this Outcome is detailed below:
a. Provides a safe, shaded seating area away from the public footpath for customer and
the public accessing the existing marine facilities.
b. Is compatible with the scenic values of the waterways.
c. Provides a high level of amenity and ensures low ambient noise levels by moving
customers and the public who are waiting to access the existing marine facilities off the
public footpath.
d. There will be no increase to the overall scale and intensity of the existing commercial
operation.
e. Is within the existing lease area
f. The minimal increase in gross floor area of the existing decks is only to accommodate
the re-build of the stairs to meet the current building code while maintaining a clear
pathway to the existing jetty.
g. Is constructed from marine grade natural timber to match the existing structures and
blend with the natural landscaped surroundings.
h. The proposed deck extensions match the existing structure maintaining the character
and setting of the locality.
It is important to note that the applicant’s response does not acknowledge the use of the new decks
by patrons of the café.
It is acknowledged that the proposed decking areas could be used by patrons of T-Boat Hire, either
for the purpose of consuming coffee and food or waiting to use the marine facilities. People waiting
for the ferry or for hire equipment may expect that such a service be provided.
Notwithstanding this there is a clear change of use component irrespective as to whether this
decking is being used by patrons of T-Boat Hire or the general public. The change of the use is not
determined by who the patrons are but by the onsite changes and the scale of the activity being
undertaken. In this instance the scale now exceeds any existing use rights that may exist and has
also become a separate land use as defined by the planning scheme.
If it were contended that the café is only being used by patrons of the T-Boat Hire and that this
accords with the existing use rights it is worth noting how the café is promoted on the T-Boat Hire
website:
Artfully made Espresso, served with the perfect view.
Waterline Espresso is the newest addition to Noosa River and boutique café culture of
Noosa. A collaborations between T-Boat Hire and star baristas Michael and Yvonne, together
we share a passion for coastal living and fantastic coffee.
Serving super premium grade Arabica blends by Toby’s Estate, home-made baked pastries
and healthy treats by Sunshine Coast’s best local suppliers, Waterline Espresso is the perfect
location to lay back & soak up the sunshine, stop by on your way to work, set up your office
for the day, refuel after your workout, or just kick back after a day on the water.
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In light of the above the proposal does not accord with this overall outcome as the development
provides for a commercial use other than a marine facility and increases the overall scale and
intensity of commercial operations.
Watercourses Works Code
Outcome 4
Prescribed tidal work does not include extensions of on-site recreational areas unless there is a
clear demonstrated public benefit and public support.
The works provide an extension to on-site recreational areas which can be used by both the
general public and patrons of the T-Boat Hire business.
The applicant submits that there is clear public benefit and support for the proposed extensions as
it allows for a safe, shaded seating area away from the public footpath for hire boat customers and
the public waiting for the ferry.
Whilst the deck areas may provide some relief for patrons of T-Boat Hire the claim that they provide
a public benefit is arguable. The primary purpose of the works appears to be associated with an
increase in the commercial activity associated with the café. The works primarily benefit a
commercial activity and the applicant has not demonstrated public benefit and support for the
works.
Outcome 9
Prescribed tidal works are designed and constructed for the sole purpose of providing access to
vessels and are sited and designed to avoid—
a) cluttering of watercourses;
b) excessive traffic volumes within foreshore areas and adjoining lands; and
c) conflicts with uses on the foreshore and adjoining lands;
d) unacceptable risks to personal and public safety.
The proposed deck areas are not for the sole purpose of providing access to vessel. In fact, there
appears to be no access provided from the decks. It is also noted that sufficient areas already exist
to provide access to vessels.
The works are not in accordance with this outcome as they facilitate an increase in the commercial
activity associated with the onsite café. There is also potential conflict with uses on the other side
of Gympie Terrace in so far as many of these businesses have incurred greater expenses to
operate entertainment and dining businesses associated with development approvals, rent,
provision of car parking and infrastructure charges. These business operators are likely to expect
that the café operator at T-Boat Hire is subject to the same assessment process as they were.
IDAS Code for Prescribed Tidal Works
The IDAS code sets out a number of specific outcomes and probable solutions for the works. The
following specific outcomes are of most relevance for the assessment.
Outcome 3.1
Prescribed tidal work is of a height, scale and size to ensure the work is compatible with the
character and amenity of its location, having regard to the following:
(a) The height, scale and size of the natural features of the work’s immediate surroundings
and the locality within which the work is located,
(b) The height, scale and size of the existing buildings or other structures in the work’s
immediate surroundings and the locality within which the work is located,
(c) If the relevant planning scheme states the desired height, scale or size of buildings or
other structures in the work’s immediate surroundings or the locality within which the
work is located – the stated desired height, scale or size.
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The low scale form of the development is compatible with the surrounding natural environment and
the existing built form within and outside of the lease area.
Outcome 7.2
The location of prescribed tidal work ensures vegetation is cleared or disturbed only to the extent
reasonably necessary for the work.
No vegetation removal was required for the works.
Outcome 8.1
Prescribed tidal work does not have a significant adverse effect on the availability of public access
to foreshores, including public access proposed in the relevant planning scheme.
The works are contained within the lease area and do not significantly affect public access to the
foreshore.
Outcome 11.1
Prescribed tidal work has appropriate infrastructure, including, in particular, road access, parking
facilities, sewerage services and water services, having regard to—
(a) the nature and scale of the work; and
(b) the number of people that may be on or at the work at any time; and
(c) the number of vehicles that may be on or moored at the work at any time; and
(d) the protection of any foreshores near the work and the vegetation and marine plants
on the foreshores.
The proposed changes to the deck areas facilitate an increase in commercial activity which allows
for greater patronage of the onsite café. No car parking facilities are provided to accommodate the
increased patronage and no toilets are available onsite. The site is situated adjacent to the Gympie
Terrace Mixed Use Zone which has existing issues associated with availability of car parking. It is
not considered reasonable to increase patronage without addressing increased parking demands.
Outcome 12.1
Prescribed tidal work is designed and constructed in a way to ensure it is structurally
sound, having regard to the following—
(a) relevant engineering standards;
(b) the location of the work;
(c) the purpose for which the work is to be used;
(d) the impact of flooding, tidal influences and hydrodynamic changes
As this application is a retrospective application there has been no opportunity to inspect the works
during the construction phase to determine compliance with relevant engineering standards.
CONSULTATION
Concurrence
The application was referred to the Department of Infrastructure, Local Government and Planning
(SARA) as a concurrence agency. The Department’s response was issued on the 27 February
2017.
The department’s response was an approval with conditions.
Other Referrals
The application was assessed by following internal Council specialists:
Development Engineer, Engineering
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Their assessment forms part of this report.
CONCLUSION
The application for an Operational Works Permit to develop deck additions at the T-Boat Hire
facility at 290 Gympie Terrace is recommended for refusal. The proposed works facilitate an
increase in non-marine commercial activity which will allow for the scale of existing use rights to
be increased beyond what may have accrued. The works are not in accordance with the Noosaville
Locality Code, the Watercourses Works Code or the IDAS Code for Prescribed Tidal Works.
Furthermore, the increase in commercial activity requires a Material Change of Use application
which has not been submitted and it is not considered appropriate to approve the works without
first considering a Material Change of Use application.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws x Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance x Planning & Environment
Human Resources Strategic Land Use Planning
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ATTACHMENT 1
Attachment 1: Locality Plan
Works area
Subject site
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7 MCU16/0099 & OPW16/0218 - DEVELOPMENT APPLICATION FOR MATERIAL
CHANGE OF USE FOR A SERVICE AND UTILITY TYPE 3 (TOWER) AND OPERATIONAL
WORKS FOR ACCESS AT 23 JIRRIMA CRESCENT, COOROIBAH
DOCUMENT INFORM AT ION
Author Development Planner, Wilhelm Koschade
Planning & Infrastructure Department
Index ECM / Application / MCU16/0099 & OPW16/0218
Attachments 1. Separation Distance Plan
2. Photomontages
APPLICATION DETAILS
Applicant NBN Co
Proposal Development Permit for Material Change of Use of Premises -
Infrastructure Uses - Service & Utility Type 3 – Tower
Development Permit for Operational Works - Access
Properly Made Date 19 October 2016
Information Request Date 09 November 2016
Information Response Date 13 February 2017
Decision Due Date 26 April 2017
Number of Submissions 2 Submissions (2 Not Properly Made)
PROPERTY DETAILS
Property Address 23 Jirrima Cres COOROIBAH QLD 4565
RP Description Lot 47 RP 136461
Land Area 4.07 ha
Existing Use of Land Rural Residential
STATUTORY DETAILS
SEQRP Designation Rural Living Area
Locality Cooroibah Locality
Zone Rural Settlement Zone
Overlays Natural Hazards Overlay (Acid Sulfate Soils & Bushfire Hazard)
Assessment Type Impact
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RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 11 April 2017 regarding Application No. MCU16/0099 and OPW16/0218
for a Development Permit for a Development Permit for Material Change of Use for Service & Utility
Type 3 (Tower) and associated Operational Works for Access situated at 23 Jirrima Crescent,
Cooroibah and approve the application in accordance with the following conditions:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
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.
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.
Approved Plans
Plan No. Rev. Plan/Document Name Date
4GYM-51-36-C000-C2 03 Overall Site Plan drawn by Aurecon 14/12/2016
4GYM-51-36-C000-C3 02 Site Setout Plan drawn by Aurecon 14/12/2016
4GYM-51-36-C000-C4 02 Site Elevation and Details drawn by Aurecon 14/12/2016
4GYM-51-36-C000-A1 02 Antenna Setout Plan drawn by Aurecon 14/12/2016
Building Height
The maximum height of the structure must not exceed 46 metres above the finished
ground level and the natural ground surface.
Certification must be submitted to Council from a Licensed Surveyor which certifies
that the monopole structure does not exceed the maximum height requirement of this
Decision Notice.
No lights are permitted to be attached to the telecommunications facility, except where
required for aircraft hazard lighting purposes or similar.
Noise
Equipment, motors, electrical generators, compressors, etc must be suitably provided
with noise reduction measures and located so as to prevent a noise nuisance beyond
the boundary of the site and not exceed the levels specified in Table 1.
TABLE 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
Noise level at noise sensitive place measured as the adjusted maximum
PERIOD
sound pressure level (LAmax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm Background noise level plus 5 dB(A)
10pm – 7am Inaudible
NOISE LIMITS AT A COMMERCIAL PLACE
Noise level at a commercial place measured as the adjusted maximum
PERIOD
sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm Background noise level plus10 dB(A)
10pm – 7am Background noise level plus 8 dB(A)
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When requested by Noosa Council, a Noise Impact Assessment Report (NIAR)
showing monitoring and recording of noise levels must be undertaken to investigate
any non-vexatious complaint caused by noise emissions from operations of the facility.
Such monitoring must be undertaken and completed within a reasonable and
practicable timeframe as nominated by Council and be performed by a suitably
qualified and experienced person.
The NIAR is to be submitted to Council detailing the results of such monitoring and
recommendations for any measures to achieve compliance with limits outlined in Table
1 of this Decision Notice.
Rectification works will be required within a reasonable timeframe as set by Council
where equipment, air conditioning units, motors, electrical generators, compressors,
etc exceed the Noise Limits of Table 1.
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in
accordance with Australian Standard AS1055.1 “Acoustics – Description and
measurement of environmental noise – General procedures”.
For the purpose of measuring and certifying relevant noise conditions and reporting
(eg. equipment, air conditioning units, motors, electrical generators, compressors, etc),
a suitably qualified person is either:
i. a Registered Professional Engineer of Queensland, or
ii. an environmental consultant with a minimum of 3 years’ current experience in
the field of acoustics.
Health and Safety
The development must not, at any time during the life of the development, result in
human exposure to environmental electromagnetic emissions exceeding the current
regulations, standards and/or recommendations of the Australian Radiation Protection
and Nuclear Safety Agency (ARPANSA). The carrier of the infrastructure must provide,
at any time upon request by Council, written certification to demonstrate compliance
with this condition. The written certification must assume:
12.1. a maximum number of users over the lifetime of any pole or other supporting
structure
12.2. full power usage
12.3. a maximum down tilt of antennae
Warning information signs and security fencing must be provided on the site to prevent
unauthorised entry. Fencing must be camouflaged through the use of colours,
materials and screening vegetation to blend the fence into the visual landscape.
Colours and Finishes
The monopole and associated panels must be finished in colours that blend in visually
into the landscape.
Cessation of Use
The telecommunications facility must be removed from the site upon cessation of the
use.
Landscaping Plan
Dense screening vegetation shall be established around the enclosure in accordance
with an Operational Works approval, Council’s Policy on Landscaping Guidelines and
a properly prepared landscape plan. Such landscaping is to be completed prior to the
commencement of the use and maintained at all times thereafter. The Landscape Plan
shall include at a minimum:
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16.1. The identification and retention of the existing trees within a 50m distance around
the fenced compound area of the tower.
16.2. Appropriately selected tree species and understorey plantings to achieve dense
visual screening of the tower and having regard to the soil conditions. Trees
included shall be able to achieve up to 20m in mature height, though inclusion of
fast growing species is also desirable to achieve early visual screening.
16.3. The planting areas should maximise the screening opportunities surrounding the
tower and include appropriate planting for a distance up to 20m beyond the
perimeter of the lease area, whilst maintaining access and electricity supply.
B. Find the following are sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. The telecommunications facility will provide coverage for the NBN fixed wireless
network, allowing for the delivery of higher speed data to rural residential households
in the Cooran area; and
2. The proposal will not significantly impact on the visual or residential amenity of the
locality as appropriate separation distances are retained to existing nearby residents
and the tower will be partly screened by existing vegetation.
REPORT
1. PROPOSAL
The application seeks a Development Permit for Material Change of Use for a telecommunications
tower associated with the establishment of the fixed wireless network infrastructure of the National
Broadband Network (NBN). Fixed wireless is a network of base station facilities proposed to
provide fast internet service to the majority of rural and rural residential properties. Since 2013,
there have been 9 other NBN towers approved in the Noosa Shire, with several already constructed
and operational.
The base stations communicate directly with antennas fixed to individual premises (dwellings or
businesses) to deliver wireless broadband access. The proposed tower is designed to service
approximately 180 rural residential properties in the Cooroibah area.
The proposal is for a 46 metre high monopole, radio transmission equipment and ancillary
equipment shelter to be located within a 120m2 lands lease situated at 23 Jirrima Crescent,
Cooroibah. The application also seeks approval for a Development Permit for Operational Works
to upgrade an existing access track and reinstate an existing culvert to provide appropriate access
for the installation and ongoing service and maintenance of the facility.
The proposed NBN tower will service approximately 180 properties with coverage extending
roughly 4km north-west to Riverpark Drive, 3km north-east along Johns Road and south past
Woodhaven Way.
A locality plan and proposal plans are included in Figures 1, 2, 3 and 4 below.
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Figure 1 – Locality Plan
Figure 2 – Site Plan
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Figure 3 – Lease Area Layout
Figure 4 – Side Elevation
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2. SITE DETAILS
2.1. Site Description
The topography of the subject site is relatively flat with ground levels ranging from 6m relative to
Australian Height Datum (AHD) at its lowest point along the southern boundary to 9m AHD at the
highest point near to the eastern boundary. The ground level at the location of the proposed facility
is approximately 5m AHD.
The eastern portion of the lot is mostly cleared with grassed paddocks. The western portion of the
site is sparsely vegetated with predominant regrowth wattle. The vegetation has not been identified
as significant under the planning scheme.
A watercourse intersects the site and travels the full width of the lot from the southern to the
northern boundary. The stream is included as a Riparian Buffer Area under the Biodiversity Overlay
of The Noosa Plan.
An existing internal track provides access from the driveway to the east of the lot to the location of
the proposed facility. An existing culvert provides vehicular access over the stream.
2.2. Surrounding Land Uses
Land uses adjoining the site to the north and south comprise rural residential properties which
include some low key hobby farms. The site abuts a reserve to the west zoned as Open Space
Conservation.
Land uses within the immediate vicinity comprise rural residential uses.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
Any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
The site is located within the Regional Landscape and Rural Production Area of the SEQ Regional
Plan. The proposal is consistent with the regional policies and regulatory provisions of the SEQ
Regional Plan.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Cooroibah Locality and is zoned Rural Settlement. The proposed
use is identified as an inconsistent use within the zone and is required to follow an impact
assessable application process.
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Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Cooroibah Locality Code;
Planning Scheme Policy 23 – Telecommunication Towers; and
Infrastructure Uses Code.
The application has been assessed against each of the above applicable codes. The pertinent
issues arising out of the assessment against the codes are discussed below in Table 1:
Table 1 – Applicable Codes
Code Discussion
Cooroibah Locality Specific Outcome O35 of the Cooroibah Locality Code seeks development to be
Code at a scale and nature which is complementary to its surroundings while ensuring
there is no significant impact on the visual amenity of adjoining and surrounding
development.
The proposed tower will have a vertical height of 46m and will be intermittently
visible when traveling along Jirrima Crescent and from adjoining lots to the north
and south of the subject site (where no vegetation to buffer). However, although
visible, the proposed tower achieves a minimum setback of approximately 313m
to the Jirrima Crescent carriage way and a setback to adjoining and nearby
residents as follows:
247m setback to the adjoining dwelling to the south (21 Jirrima Crescent);
300m setback to the dwelling further south (19 Jirrima Crescent);
292m setback to adjoining dwelling north (25 Jirrima Crescent);
326m setback to dwelling further north (25A Jirrima Crescent); and
337m setback to welling west across reserve (70 Lancaster Lane).
A plan depicting setbacks is provided in Attachment 1.
In conjunction to these setbacks to nearby residents, existing vegetation both on
the subject site and on lots further to the north and south along Jirrima Crescent
provides a reasonable visual buffer and screening to the lower portion of the tower.
In some instances the proposed tower will be screened wholly and at other times
only viewable intermittently. The existing reserve to the west provides full
screening of the proposed tower from dwellings located along Adensfield Court,
Devonstone Drive Lancaster Lane. Refer to the photo montages provided in
Attachment 2.
Even though the upper portion of the tower can be visible in some areas from both
nearby dwellings and the Jirrima Crescent carriage way, the development will not
significantly impact on the existing visual amenity of the area and is consistent
with the outcomes of the Code.
Planning Scheme Section 3.2 & 3.4 of the Policy outlines matters for consideration when assessing
Policy 23 - proposals for towers. The most applicable points associated with the assessment
Telecommunication of this proposal are:
Towers 3.2 a) Loss of vegetation on steep slopes or ridgelines; or
3.2 b) Visual scarring or the degradation of views or vistas from the major
road network; or
3.2 c) Alteration to key landform and landscape characters such that they
become dominated by the facility; or
3.4 d) Be positioned to minimise clutter of multiple facilities.
Some vegetation will be removed to accommodate the proposed infrastructure
use and associated lease area; however, the vegetation is not remnant vegetation
and its removal will not have a significant impact on visual amenity of the area.
The tower will not be readily seen from any major road network and the adjacent
existing vegetation assists in screening the base of the tower. The height of the
tower also allows future colocation opportunities with other telecommunication
providers, consistent with the outcomes of the Policy.
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Code Discussion
Infrastructure Uses The Code includes requirements around two central themes - Health & Safety and
Code Visual Amenity.
Health & Safety
The Specific Outcomes of the Code require the development to avoid
unacceptable risks to the environment or to personal and public safety. The
applicant has provided a summary of the maximum cumulative radiofrequency
(RF) and electromagnetic energy (EME) levels at ground level emitted from the
proposed tower, assuming full power usage. The summary indicates the proposed
tower will emit a maximum EME level from the tower, which is 0.089% of the
Australian Radiation Protection and Nuclear Safety Agency’s (ARPANSA)
regulated acceptable maximum radiation public exposure limits.
Taking a precautionary approach to the sensitive issue concerning health and
safety over time, certification is to be provided by the telecommunications carrier
upon request. The certification must demonstrate annual compliance with the
Health & Safety requirements compared to ARPANSA regulations.
Visual Amenity
The Code seeks for the tower to be visually integrated with its landscape so as
not to be visually dominant or obtrusive. The proposed tower is 46m in vertical
height with the applicant indicating the height is required to provide appropriate
coverage to the surrounding properties.
The tower will be sited in an appropriate location on the subject site at 23 Jirrima
Crescent with sufficient separation distance proposed to nearby dwellings. Both
the subject site and adjoining lots have existing vegetation which provides
adequate screening to the lower portion of the tower and in some instances results
in the tower being only intermittently visible (see Attachment 1). The proposed
tower is considered to be reasonably visually integrated with its setting so as not
to dominate views from surrounding areas.
Conditions are recommended for the development to be finished with suitable
muted tones, no lights to be attached and existing vegetation to be kept around
the perimeter of the lease area which would assist in screening the tower.
Colocation
The objective of the proposed facility is to be located where coverage is provided to as many
premises as practicable in the community of Cooroibah. On this basis, the applicant undertook a
site suitability analysis with specific regard to technical feasibility (network line of sight,
topographical constraints, construction limitations etc.), amenity of nearby residents and network
coverage.
As part of this analysis the applicant identified 4 potential sites comprising 3 rural residential
properties and an existing Telstra facility located approximately 1.2 km south of the subject site.
Further detail of each site and its suitability is outlined below in Table 2.
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Table 2 – Site Suitability Analysis
Site Address Proposed Structure Suitability
23 Jirrima 46m tower From 4 sites investigated, this site provided the greatest
Crescent, distance to nearby dwelling and will have least amount of
Cooroibah impact on visual amenity. Existing vegetation onsite
provides adequate screening to the lower portion of the
proposed facility. Site provided greatest coverage ability.
1 Illoura Place, Telstra co-locate Investigation into co-location was undertaken. It was
Cooroibah determined that the existing facility has a vertical height
of 30m which is insufficient to achieve coverage targets.
Furthermore, a minimum height of 37m will be required to
connect back to existing facility at Cootharaba. On this
basis co-locating was not considered a feasible option
from both a technical and coverage aspect.
12 Lake Cooroibah 46m tower Location of proposed facility will not provide reliable
Road, Cooroibah service to targeted premises in Cooroibah.
Northern end of 46m tower New facility located within proximity to higher density of
Lake Cooroibah residential development and greater potential to impact
Road, Cooroibah amenity.
Overlay Provisions
The following overlay codes are applicable to this application:
Natural Hazards Overlay (Bushfire Hazard – Potential impact Buffer)
The proposed development is a non-habitable structure, which will not result in an increase in the
number of people living, working or congregating in the mapped bushfire or landslide hazard areas,
thus meeting the outcomes of the Natural Hazards Overlay.
4. CONSULTATION
IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Concurrence
Department of State Development, Infrastructure and Planning
The Department is a concurrence agency for Waterway Barrier Works (Replacement of culvert
over Mapped Water Way: Type 1 – Low Waterway).
4.1. Other Referrals
The application was forwarded to the following internal Council specialists:
Development Engineer; and
Environmental Health Officer.
4.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. Two (2) not properly made submissions were received. The following table
provides a summary and assessment of the issues raised by submitters.
Issues Comments
The radiofrequency and electromagnetic The proposed tower will emit a maximum EME level
energy levels produced from the tower will from the tower, which is 0.089% of the Australian
impact on the health and wellbeing of nearby Radiation Protection and Nuclear Safety Agency’s
residents. (ARPANSA) regulated acceptable maximum radiation
public exposure limits.
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Issues Comments
The proposed infrastructure use does not The Planning Scheme does not nominate a maximum
comply with the planning scheme given its vertical height for a Infrastructure Use (Type 3 –
proposed height and will impact on the Tower) in the Rural Settlement Zone and the
amenity of the area. assessment relies on whether the tower visually
integrates with the landscape setting so as not to be
visually dominate or obtrusive.
Although the tower will be intermittently visible from
nearby dwellings and along Jirrima Crescent, it is
considered that the proposed setback to nearby
dwellings in combination with the existing vegetated
buffer reduces any visual impact to a reasonable and
acceptable degree.
It is considered that the proposed height of the tower
is acceptable. It is further noted, no submissions were
received from either adjoining landowners and the
submitter does not disclose their address.
5. CONCLUSION
The proposed development is for a tower with a vertical height of 46m to be erected at 23 Jirrima
Crescent, Cooroibah for the establishment of the fixed wireless network infrastructure of the
National Broadband Network (NBN). The site is located within the Rural Settlement zone and the
proposed Infrastructure use as a Service & Utility Type 3 Tower is identified as an inconsistent use
within the zone.
Despite the inconsistency with the zone, the application has been assessed against the provisions
of The Noosa Plan and does not raise any significant planning concerns. The tower does not pose
an unacceptable risk to public safety. The proposed location is set amongst existing vegetation
and is an acceptable distance away from neighbouring properties so as not to be visually dominant
or obtrusive.
Whilst the proposed use raises a conflict with the Cooroibah Locality Code, it is considered that
the following grounds are sufficient to support the proposal:
1. The telecommunications facility will provide coverage for the NBN fixed wireless network,
allowing for the delivery of higher speed data to rural households in the Cooroibah area; and
2. The proposal will not significantly impact on the visual or residential amenity of the locality
as appropriate separation distances are retained to existing nearby residents and the tower
will be partly screened by existing vegetation.
The application is therefore recommended for approval, subject to conditions.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance x Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
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Attachment 1
337m 326m
setback setback
292m
setbac
k313m
setbac
k
247m
setba
ck
300m
setback
Figure 1 – Separation Distance Plan
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ATTACHMENT 2
View south-west to facility from Jirrima Crescent road reserve fronting 25 Jirrima Crescent
View west towards facility from Jirrima Crescent road reserve fronting 23 Jirrima Crescent
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View north-west towards facility from backyard of 19 Jirrima Crescent
View south-east towards facility from Lancaster Lane road reserve
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8 MCU16/0075 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE OF
PREMISES - DETACHED HOUSE (19) AT 90 BEACH ROAD, NOOSA NORTH SHORE
DOCUMENT INFORM AT ION
Author Development Planner, Lisa Pienaar
Planning & Infrastructure Department
Index ECM / Application / MCU16/0075
Attachments 1. Location and Siting Plan prepared by Adamson Town Planning
2. Needs Assessment, Beach Road Holiday Homes, Noosa North
Shore, Foresight Partners Pty Ltd, 11 November 2016
APPLICATION DETAILS
Applicant Mr CC Strudwick, Mr PSJ Trowbridge
Proposal Development Permit for Material Change of Use of Premises -
Detached House x 19
Properly Made Date 29 June 2016
Information Request Date 28 July 2016
Information Response Date 29 November 2016
Decision Due Date 20 April 2017
Number of Submissions 14 properly made submissions and 1 not properly made submission
11 submissions objected to the proposal
3 submissions supported the proposal
1 submission was impartial
PROPERTY DETAILS
Property Address Beach Road Holiday Homes – numbers 2-4, 6, 8, 19, 20, 23, 24, 27,
29, 31, 32, 34-36, 38, 42,43 located at 90 Beach Rd Noosa North
Shore Qld 4565
RP Description Lots 2-4, 6 & 8, 19-20, 23-24 SP 186174
Lots 27, 29, 31-32, 34-36, 38, 42-43 SP 215779
Land Area Lot sizes range from 254m 2 to 360m2
Existing Use of Land The land currently has 48 eco-cabins utilised for visitor
accommodation, described as Beach Road Holiday Homes.
Associated facilities such as a pool, tennis court, games room,
children’s play room and BBQ areas and visitor car parking are also
located on the site.
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Locality Noosa North Shore
Zone Visitor Mixed Use
Overlays Biodiversity Overlay – Environmental Protection Area
Natural Hazard – Bushfire (Medium Hazard)
Acid Sulfate Soils Overlay (High Potential 0-5m AHD)
Assessment Type Impact
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RECOMMENDATION
That Council note the report by the Development Planner to the Planning &
Environment Committee Meeting dated 11 April 2017 and refuse Application No. MCU16/0075 for
a Development Permit for 19 Detached houses, situated at 90 Beach Road, Noosa North Shore
for the following reasons:
1. The proposed use, defined as a Detached House under The Noosa Plan is an inconsistent
use in a Visitor Mixed Use zone and is contrary to the Overall Outcomes of the Noosa North
Shore Locality Code and the strategic intent of The Noosa Plan, which seeks to protect
substantial key sites for visitor accommodation, with the subject site identified as one of the
key sites;
2. The non-protection of substantial key sites for visitor accommodation will adversely impact
upon a viable tourism economy for Noosa;
3. The proposal is likely to result in poor amenity for permanent residents and may create
negative experiences for visitors to the resort, given the potential conflicts between
permanent residents and visitors;
4. The proposal has the potential to increase pressure to provide additional infrastructure and
services on the Noosa North Shore, contrary to The Noosa Plan and Local Government
Infrastructure Plan; and
5. The applicant does not provide sufficient grounds to justify the conflict with the Planning
Scheme and the proposal will not result in any significant benefits to the community.
REPORT
1. PROPOSAL
The proposal seeks to convert existing eco-cabins previously approved for visitor accommodation
to detached houses (for permanent residential living) in the existing Beach Road Holiday Homes
development located at 90 Beach Road, Noosa North Shore. The development proposal is over
19 existing parcels of land and each contains an eco-cabin. The entire development site has 48
individual parcels of land, each with an eco-cabin and associated common property that contains
numerous resort style facilities. The application does not include the area of land that is common
property.
To support their application, the applicants have lodged a Needs Assessment, Beach Road Holiday
Homes, prepared by Foresight Partners Pty Ltd, 11 November 2016 which seeks to address the
impact and risks of removing visitor accommodation from the visitor accommodation pool.
The proposed development will not physically change the built form of the resort, with no new
works proposed by the application.
2. SITE DETAILS
2.1. Background
The development is part of a greater, master planned development. In October 2004, Council
approved 132003.221037, a Preliminary Approval for a Material Change of Use for Development
in accordance with the ‘Noosa North Shore Eco-Tourism Portal Development Code’ (Portal Code).
The Portal Code allowed for a 4 stage development which supported visitor accommodation for up
to 400 persons and associated services on the site. The whole master planned site is identified
below as Figure 1.
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Figure 1 – Land area subject to the original master planned Preliminary Approval
The Portal Code overrode the provisions of the superseded Planning Scheme, the Scheme prior
to The Noosa Plan. This means that further assessment for each stage of development was not
carried out against the planning scheme in effect at the time, as the Portal Code includes all the
preliminary approval conditions and all the requirements for the development’s construction.
The Portal Code included design requirements and a Structure Plan identifying the developable
areas as Visitor Precincts and areas of environmental value as Conservation Precincts. The
Structure Plan also identified Buffer Precincts to address the treatment of road frontages and fire
management requirements. The site has been subdivided in accordance with the Portal Code
creating an eastern development visitor precinct, a western development visitor precinct and
approximately half the site dedicated as conservation land in the form of 2 separate lots. These
precincts and lots are identified in Figure 2 below.
Figure 2 – Aerial showing the precincts created by the Preliminary Approval.
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The Portal Code also established that further code assessable applications were required to be
lodged for approval prior to proceeding with an application for Operational Works and Building
Works. These code assessable applications for each stage/sub stage, permitted assessment of
the final site layout and building design against the provisions of the Portal Code.
The eco-cabins subject to this application before Council were originally approved as Stage 1A
and 2B and as two of these code assessable approvals.
It is important to note that the Preliminary Approval has lapsed, although the development is still
subject to all management plans, the Portal Code and conditions of the original approval.
Table 1 below identifies the status of the various Stages of the development.
Table 1
Stage Status of Stage
Preliminary approval for 4 stages issued October 2004
Stage 1A 24 Eco-Cabins and leisure centre - completed.
Stage 1B Conservation precinct east created (lot 901 SP 186169)
Stage 1C Conservation precinct west created (lot 900 SP 186169)
Stage 2A Eco-Centre constructed, with required car parking, landscaping & road works subject
to an infrastructure agreement. (located opposite the site at 200 Maximillian Road and
not currently fully operational)
Stage 2B 24 Eco-Cabins constructed and completed
Stage 3A (i) Development Permit for 21 Beach Road Retreats, (current) – not constructed
(ii) Preliminary Approval for 20 Beach Road Retreats (current)
Stage 3B Development Permit for 24 Eco Cabins, not constructed and lapsed under the
Preliminary approval (October 2014)
Stage 4 Application withdrawn for 18 Eco Cabins
The Preliminary Approval lapsed in October 2014
In October 2008 the developer, Petrac Company, went into liquidation and the National Australia
Bank appointed receivers to this Noosa North Shore Project. Since that time, the Eco Centre site
at 200 Maximillian Drive, the undeveloped portion of the Eastern Development Visitor Precinct and
the whole of the Western Development Visitor Precinct has been sold to individual entities.
The site has been subject to compliance action commencing in November 2013 when the
complaint was received by Council. The complaint being that 10-15 eco-cabins were being used
as permanent occupation. Council officers responded by sending a letter to all owners within the
development regarding the use, along with a copy of the decision notice in January 2014. In
February 2014 a letter was sent to owners not complying with the development approval. The
relevant condition in the approval is as follows ‘The Eco-cabins shall be for short term visitor
accommodation only, with no person permitted to occupy the Eco-cabins for the purposes of
permanent accommodation in accordance with the Noosa North Shore Eco-Tourism Portal
Development Code.’ Visitor accommodation is defined by The Noosa Plan to mean
accommodation that is designed for and predominately used by visitors to the Shire.
Meetings followed between Council and the relevant land owners. Council who engaged and
sought advice from Council’s solicitor. By January 2015, compliance by some land owners had
occurred, with them agreeing to not stay more than 12 weeks per year, while others sold their
property. The applicant’s consultant’s recent advice stated that 18 ‘houses are used by owners
mostly on an infrequent basis, but some are lived in on a semi-permanent basis’.
2.2. Site Description
The site is located at 90 Beach Road, Noosa North Shore. The development fronts and is setback
from Beach Road. The development known as Beach Road Holiday Homes comprises 48 eco-
cabins and associated common area which includes facilities such as pools, 2 x tennis courts,
games room, children’s play room and BBQ areas. The remainder of the site is significantly
vegetated. Refer Figure 3.
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Beach Road Holiday Homes comprises 48 eco-cabins offering visitor accommodation in 2, 3 or 4
bedroom configurations. As per the Needs Assessment, Beach Road Holiday Homes submitted
as part of the information response, it was reported that 22 eco-cabins participate in a rental pool,
with another 6 eco-cabins independently rented. The remaining 20 eco-cabins are not under the
rental scheme and are currently being used by the owners (and friends and relatives) or rented
infrequently. It is estimated the development achieves an average of 22.8% per annum occupancy
rate through the rental pool.
Figure 3 – site description
2.3. Surrounding Land Uses
The development site is bordered by the Beach Road Bushland Reserve to the east and the west
and Beach Road to the north. Beyond the site uses such as the hotel and camping grounds known
as Noosa North Shore Retreat are situated to the north-west and Noosa North Shore Resort to the
north east. The site is a 2 minute drive from the Noosa North Shore ferry and 3 minute drive to the
beach (first cutting).
2.4. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
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2.5. State and Other Statutory Instruments
State Planning Policy
The State Planning Policy has been deemed by the Minister for Local Government and Planning
as appropriately reflected in the Planning Scheme and therefore does not warrant a separate
assessment.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Regional Landscape and Rural Production area (RLRPA) of the SEQ
Regional Plan. This designation protects land from inappropriate development, particularly urban
or rural residential development. The values of this designation closely align with the values of the
North Shore which include scenic amenity, outdoor recreation, significant biodiversity, regional
ecosystems, national and conservation parks and reserves, native forest, koala habitat and coastal
wetlands.
State Planning Regulatory Provisions
The subject land is located in the Visitor Mixed use zone (not included in the Rural Residential or
Rural zone), which for the purposes of the SPRP, is considered an urban zone. Therefore, the
State Planning Regulatory Provisions (SPRP) does not apply to this application. The intent of these
provisions is to support the diversification of rural economies by allowing development such as
small to medium scale tourist activities.
Draft South East Queensland Regional Plan October 2016
The intent of the Regional Landscape and Rural Production Area under the draft plan remains
unchanged.
2.6. Statutory Instruments – The Noosa Plan
The subject site is located in the Noosa North Shore locality and is zoned Visitor Mixed Use. The
proposed use for detached housing is identified as inconsistent use within the zone and is required
to follow an impact assessable application process.
Strategic Provisions
The strategic framework of the scheme seeks that “A Visitor Mixed Use Zone applies to the holiday
accommodation centre in Beach Road, Noosa North Shore. This site will continue to provide a
range of accommodation styles and commercial services to visitors to the Noosa North Shore area,
though limited expansion is intended.”
This is also reflected in the Desired Environmental Outcomes of the planning scheme and in
particularly in the shaded text, which is intended to provide guidance to the reader, but is not part
of the planning scheme, as follows:
“The retention of a range of visitor accommodation choices is important to the economy of
Noosa. The loss of visitor accommodation to permanent residential housing reduces visitor
choice and has a negative effect on the economy.”
“Mixing long-term accommodation for residents with short-term accommodation for visitors
is avoided because it erodes the visitor accommodation base and has potential to cause
conflicts.”
The proposal is not consistent with the stated Strategic Framework, with the subject site identified
for use as short term visitor accommodation and those business uses needed to support visitation.
The proposal reduces the extent of visitor accommodation on the Noosa North Shore and
increases permanent residents on the Noosa North Shore.
The careful management of land use is considered to be of critical importance on the Noosa North
Shore. For this reason development and services have been specifically limited in keeping with its
remote setting, its character and its environmental sensitivity to ensure the area’s natural attributes
are protected.
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Accommodation for visitors is restricted to two locations, including Council’s wilderness camp and
this section of Beach Road zoned Visitor Mixed Use. No expansion beyond these areas is
intended, with visitor accommodation in the form of visitor units or rural holiday cabins otherwise
identified as inconsistent uses on the Noosa North Shore, apart from bed and breakfast style
accommodation within existing dwellings.
Similarly, the existing subdivision pattern is intended to be retained, with no increase in the number
of allotments on the Noosa North Shore intended. The demand for increased levels of community
services is also to be balanced with environmental sensitivity of the locality. Levels of accessibility,
convenience and servicing for residents is currently low, with only a single sealed access road
between the ferry and the beach, limited commercial facilities (hotel and general store) and no
water and sewerage.
No expansion of these services is intended by The Noosa Plan and the Local Government
Infrastructure Plan and additional permanent residents are likely to result in increased pressure to
improve services on the Noosa North Shore.
Overlays
The following overlays apply to this site:
Biodiversity Overlay – Environmental Protection Area
Natural Hazard – Bushfire (Medium Hazard)
Acid Sulfate Soils Overlay (High Potential 0-5m AHD
Risks relating to these overlays have previously been assessed with the original application for the
establishment of the eco-cabins. Further, as these buildings exist and no works are proposed or
required by the application, there is no material change that would warrant these matters to be
readdressed.
Noosa North Shore Locality Provisions
The subject site is located in the Noosa North Shore Locality under The Noosa Plan and is zoned
Visitor Mixed Use. A detached house is deemed an inconsistent use in the Visitor Mixed Use zone,
requiring an impact assessment process. The Noosa Plan defines an inconsistent use as meaning:
“The use is strongly inappropriate in the relevant zones because it is incompatible with
other uses generally expected in that zone.”
The intent of identifying dwellings as an inconsistent use is reflected in the Strategic Framework
for The Noosa Plan, being to protect the site for the exclusive use of visitor accommodation. The
overall outcomes of the Noosa North Shore also state that:
Development is secondary to and dominated by its open space setting with a very low
intensity and scale of operation;
Limited visitor accommodation and services are provided in the locality, confined to the
Visitor Mixed Use Zone, and the wilderness camp in the Open Space Recreation Zone;
Maintenance of the locality’s remote setting and undeveloped character are achieved by -
o a priority emphasis on conservation outcomes for the locality;
o ferry access;
o limited standards of access across the locality;
o avoiding the construction of a vehicular bridge across to the Noosa North Shore;
o retention of existing vegetation with clearing kept to a minimum;
o ecologically sustainable management of recreational visitors and activities; and
o development areas limited to existing pattern, with no increase in the number of
privately owned lots;
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Development offering Visitor accommodation and services is low key to avoid changes to the
character as a result of excessive visitor numbers and adverse environmental impacts from
over-use;
Residential Uses and Visitor accommodation are well managed so they do not adversely
impact upon land identified as open space;
The demand for increased levels of community services is balanced with the environmental
sensitivity of the locality;
For the Visitor Mixed Use Zone - Visitor accommodation with associated Business Uses
serve visitors to the locality; where -
o they are located within the existing allotment developed for Visitor accommodation and
Business Uses with no further subdivision;
o they continue to provide the same level of accommodation and business services as
existing;
o the premises are low impact, low density development forms of domestic scale;
o development has a distinct open space feel, reflecting the seclusion and values of the
Noosa North Shore; and
o the commercial attractions established at the sites are related to recreational
experiences offered in the locality.
The applicant submits that the proposed development ‘does not offend’ the overall outcomes of
the Locality code and are consistent with the purpose of the Noosa North Shore Locality Code.
The applicant’s consultant submits there are sufficient planning grounds to justify the approval of
the development application as:
1. Another type of residential development will be compatible with the existing use of the land
and will provide flexibility between the visitor accommodation continuing and the detached
houses.
2. The proposed use will not place greater impact on existing infrastructure on site or increase
traffic movements. The infrastructure on site will be self sustaining and the ferry will continue
to be used.
3. The proposed development does not offend the environmental values, and retains the
existing built form and open space setting, being responsive to the character of the North
Shore.
4. The proposal will not overtake the existing approval for visitor accommodation and will not
increase the number of privately owned lots.
5. It is acknowledged that the proposal potentially limits the number of dwellings utilised for
visitor accommodation. There are currently 22 houses in the rental pool and approximately
6 houses privately rent for visitor accommodation. There are a number of dwellings being
kept for private use only. About 20 are used regularly by owners who have other primary
places of residence and are not being used for visitor accommodation and therefore under
utilised. Should market forces change, all owners can make the decision to allow the
dwellings for visitor accommodation.
Capacity of Visitor Accommodation Market and Need to Protect Site
The applicant has suggested market forces dictate the highest and best use for the land, and were
a driving force in the submission of this application. This argument is immaterial in this instance,
given that market forces are not a planning consideration. However, the applicant consultant
provided an economic report (Needs Assessment, Beach Road Holiday Homes, Foresight Partners
Pty Ltd, 11 November 2016) that sought to address the economic impacts of removing 19 houses
from the tourist accommodation stock in Noosa. This report concluded:
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‘Allowing the option of permanent occupancy in 19 of the 48 Beach Road Holiday Homes
could be seen as a potential dis-benefit for Noosa North Shore’s collective pool of
accommodation. However, in our opinion, this would be of a minor nature with little or no risk
to the area’s overall visitor appeal and marketability for a number of reasons’, as summarised
below:
o Allowing permanent occupancy does not preclude private letting
o A reduction in supply of visitor accommodation on site will benefit those who wish to
continue with holiday letting (given the low occupancy)
o It would allow owners to split their time between homes or travelling.
The applicant’s consultant has looked at trends in tourist accommodation in Noosa using Trip
Advisor as a source (2016) for Noosa and the sub region of Noosa, but has not undertaken a longer
term analysis of tourism growth projections or the importance of tourism to the Noosa economy
over a longer period. Additionally, the report does not address the economic impact of the
proposed change of use.
Tourism has been for many years and continues to be the principal economic sector within Noosa.
The protection of this sector is important to Noosa, and protecting visitor accommodation is one of
those safeguarding measures. Beach Road Holiday Homes provide an alternative choice to other
visitor accommodation currently available on Noosa North Shore.
Economic Impacts
The loss of accommodation for tourists has the potential to impact on Noosa’s economy in the long
term, which is of concern given the importance of tourism to Noosa. Tourism is a major economic
focus for Noosa and therefore it is important to protect it from changes in market emphasis. It is
also important that there is a choice of visitor accommodation on the Noosa North Shore. The
strategic intent of The Noosa Plan, seeks to protect substantial key sites for visitor accommodation,
with the subject site identified as one of the key sites.
The draft Noosa Council Housing Needs Assessment prepared by Briggs & Mortar Pty Ltd, dated
November 2016 identifies economic impacts resulting from the loss of visitor accommodation.
The applicant’s consultant has looked at occupancy in tourist accommodation in Noosa for 2014-
2015. They determined that, given the unique nature of Noosa North Shore and its mix of cabin,
caravan and camping at one end of the spectrum and the upscale Beach Road Holiday Homes at
the other, direct comparison with other Noosa and Sunshine Coast accommodation markets and
occupancy levels is problematic.
The report concluded that given the collective pool of Noosa North Shore accommodation,
removing 19 homes from the visitor pool, there will be no discernible impacts for the Noosa North
Shore visitor market. It reported that budget visitor accommodation has a consistently high
occupancy rate on the Noosa North Shore and as an argument to support the change in use, the
Beach Road Holiday Homes were not an alternative for budget seeking visitors.
The report does not address the economic impacts associated with the conversion of the eco-
cabins from visitor accommodation to permanent residential. Additionally, it does not consider that
there is likely to be a substantial number of lock ups from the permanent occupation of the units
and it is possible, even likely, that tourists would spend at a higher rate compared with permanent
residents. Therefore, the proposed change is in all likelihood, to be a lower contribution to the
retail economy.
That aside, the applicant has not provided information to suggest that they have explored other
alternatives to addressing the low occupancy rate within the development. Alternatives to explore
could be reduced tariffs (it is noted that the tariffs are particularly high compared with other visitor
accommodation in the Shire, including Hastings Street), the reconfiguration of current layout of the
2 storey eco-cabins or the like.
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The applicant’s suggestion that market forces should be criteria to allow an inconsistent use under
the preferred outcomes of The Noosa Plan for this zone and this locality, is an insufficient
argument.
Conflict between Permanent Residents & Visitors
The proposal is likely to result in a poor amenity for any permanent residents, given the potential
conflicts between permanent residents and short-term visitors. It is generally perceived that
conflicts do arise where permanent and tourist accommodations are mixed. Whilst the potential
for conflicts between visitor and resident accommodation may be controlled by an onsite
management, there is still potential for conflicts to arise, particularly with the sharing of the resort
facilities and does not afford a high level of amenity for permanent residents. While some of the
19 units proposed for permanent/visitor accommodation are separated to an extent from other
visitor units, a number of the units have no degree of separation. It is also not possible to condition
an approval to prevent these potential impacts from occurring.
The proposed changes to allow permanent residential accommodation will impact on the site’s
primary focus to provide for visitor accommodation within the development as the site’s potential
number of dwelling/accommodation units for short term accommodation may be significantly
reduced.
The proposal is not consistent with the Overall Outcomes of the Code.
3. CONSULTATION
There are no IDAS Referral Agencies relevant to the proposal.
Advice was obtained from the Department of Infrastructure, Local Government and Planning with
regard to the urban nature of the zoning (Visitor Mixed Use). The Department advised that the
proposal meets the exemption outlined in section 1.5, meaning that the provisions of the South
East Regional Plan do not apply, and therefore no referral to the Department were required.
3.1. Other Referrals
The application was forwarded to Strategic Planning for comment. Their response is as follows
(dot points reordered for this report):
The site is included in a Visitor Mixed Use Zone in the Noosa North Shore locality. Noosa North
Shore has been identified as an individual locality in the Noosa Plan for reason of its particular
circumstances. The Visitor Mixed Use Zone covers a significant area of Noosa North Shore but
provides for limited development. It is clearly intended for visitor accommodation and services.
Visitor accommodation in Noosa is important due to its contribution to the local economy. Tourism
has been for many years and continues to be the principal economic sector within Noosa. The eco-
cabins constructed at the site are an unusual development outcome given the size of the cabins.
That was at the choice of the original developer. I understand the site continues to be used for
visitor accommodation under a management arrangement, although not all of the cabins are within
the managed letting pool. It seems that this can be at the option of the owner as with unit complexes
elsewhere.
I advise the following-
1. The Visitor Mixed Use Zone is intended to provide for visitor accommodation and services
within the Noosa North Shore locality.
2. Visitor accommodation is important to the economy of Noosa.
3. The proposed use of 19 dwelling houses is inconsistent with the intent of the Visitor Mixed
Use Zone.
4. The proposed use may also threaten the viability of the management arrangements for the
eco-cabin development as originally intended by the development application and Council's
approval. (While an owner may choose to opt out of the management arrangements, this
application is more likely to lead to that outcome.)
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5. The suggestion that market forces should be allowed to determine this is an insufficient
argument for allowing an inconsistent use to intrude upon the preferred outcome of the Noosa
Plan for this zone and this locality.
3.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. 14 properly made submissions were received. Of the 14 submissions received,
3 were in support of the proposal, 11 objected to the proposal and 1 took an impartial view. The
following table provides a summary and assessment of the issues raised by submitters.
Issues Comments
3 Submissions in support of the proposal
Ensure the viability of the development into This is not a town planning issue.
the future.
Have a stabilising effect on the community There is no evidence to suggest that this community
and have an interest in maintaining common needs stabilising. Permanent residents will have
property and security and value the greater ownership/connection to their surrounds, but
environmental values of the site. this is no argument to support the conversion from
visitor accommodation to permanent residents.
The proposal will not have a significant Permanent residency will potentially remove 19
impact on Noosa’s holiday accommodation. holiday homes from the Noosa region. Although some
The change in use will not exclude them from permanent residents may opt to rent out their homes
being rented for holidays (eg. Airbnb). at some point, there is no guarantee that this will
occur. It is noted also that a number of these holiday
homes have been permanently occupied for some
time.
Increase the value of properties as banks are This is not a planning issue.
more likely to lend money for a principle place
of residence.
Permanent residents lessen the chance of This may or may not be the case. There is no
noise pollution from loud music and parties. evidence to support this argument.
Occupancy for holiday accommodation is This is not a planning issue.
very low – approximately 25% (for those in
the letting pool).
Need improved potential for sales - Investors This is not a planning or Council issue.
have trouble selling, due to its holiday let Council has a draft Housing Needs Assessment
status - Council needs to assist. Report (drafted to inform the new planning scheme)
which acknowledges the need to protect visitor
accommodation in Noosa and thus protecting the
tourism economy.
Note: One submitter in support of the proposal owns 2 eco-cabins on the site, but pointed out that the
eco-cabins do not form part of this development application
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Issues Comments
11 Objections to the proposal
Several objectors submitted that body Legal advice was obtained on 7 July 2016 from
corporate approval is necessary to ensure the Solicitor Wakefield Sykes with respect to this issue.
application is properly made. They believe He was of the opinion that as the change in use does
that permanent residents will mean greater not involve a change in use of common property and
use of on site facilities (common areas) on no works are involved on common property as a result
infrastructure (eg. water, sewer, waste). of the proposal, that Body Corporate consent is not
Conflicts with the existing conditions of required.
approval and the Community Management The CMS is a matter for the body corporate.
Scheme (CMS).
Long term residents will increase on site There is no evidence that this will occur. However,
costs (existing body corporate fees). holiday owners may feel there is an inequity when
compared with permanent residents.
The greater pressure placed on infrastructure This could be perception or it could be reality – the
and services will result in an inequitable impacts would need to be examined in greater detail.
share of Body Corporate funds. There is an
equal share of funds per lot. Letting pool
owners will be subsidising the 19 permanent
owners for greater use of the facility.
Universal agreement from all owners should Impacts on all property owners should be considered,
be gained if a use is to be changed. given that the owners bought into the development
The majority of the owners prefer the houses with the understanding that it would continue to
to remain visitor accommodation. operate as visitor accommodation (based on the
approval and the zoning).
Decreasing the stock of visitor Agreed. Decreasing the visitor stock may erode the
accommodation weakens the economic role tourist economic sector in Noosa. This is supported
and function of the Noosa North Shores’ role by The Noosa Plan and the draft Housing Needs
in the region. Assessment Report.
Outside of the urban growth boundaries Agreed. The intensification of permanent housing is
(SEQRP). inappropriate outside of the urban growth and rural
The site will become an urban ‘precinct’. living boundaries.
The proposal is not consistent with the intent Agreed as outlined in The Noosa Plan.
of Noosa North Shore outcomes in the Noosa
Plan – ie. To limit permanent residents on the
Noosa North Shore. The use is inconsistent
with the Visitor Mixed Use zone.
The proposal is not consistent with the Agreed. The provision of visitor accommodation and
superseded planning scheme and the Noosa services are outlined in the Vision in the Portal Code.
North Shore Portal Code.
Prevents achievement of the long term vision Agreed. The Noosa Plan sets out the vision of the
for the Noosa North Shore. Noosa North Shore and the proposal is inconsistent
with that vision.
Intensity of the use will change. Acknowledged. The proposal may result in greater
numbers of people on site on a consistent basis. The
development has approval for visitor accommodation
only.
Will decrease desirability of being a visitor Conflicts of interest may arise between holiday
destination. makers and residents, creating negative experiences
for visitors. The character of the Beach Road Holiday
Homes will alter with permanent residents.
An increase in permanent residents will Agreed. An increase of permanent residents is at
increase the expectation in levels of service, odds with the Noosa North Shore Locality Code and
improved facilities and need for storage on the vision for the North Shore.
site.
The proposal will set a precedent for the rest Agreed. Should this proposal be supported, there
of the development and other properties on would be increased pressure for more visitor
the Noosa North Shore. accommodation to be converted to permanent
occupancy.
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Issues Comments
Places pressure on the environment and will This may occur, given that permanent residents may
alter the character and amenity of the Noosa expect involvement in gardening on site. This may
North Shore. result in the loss of native vegetation in favour of
exotic species and vegetable gardens.
Agreed that the character and amenity of the Beach
Road Holiday Homes may alter with permanent
residents. This maybe in the form of the need for
greater storage of possessions and expectations
relating to permanent occupancy.
Proposal is based on a very narrow and short Agreed. The proposal addresses the dilemma of the
term economic considerations rather than the lack of financial viability, but does not consider the
long term intent of Noosa’s planning long term impacts of such a proposal.
instruments and those factors applicable to
the Great Sandy region.
Potential for conflicts between permanent and Agreed. People on holiday will have a different outlook
holiday occupants. which may create conflicts with permanent residents.
Permanent residents may have a sense of ownership
of the common property, which may impact on visitors’
experience.
Does not provide for greater housing choice Agreed.
as suggested by the applicant.
Traffic will increase. Agreed, that daily traffic may increase around this
node.
Decreased income for on site managers – Agreed. A reduction of eco-cabins in the rental pool
affects their future viability. will decrease the income for onsite managers.
The proposal presented by the applicants is Noted.
inaccurate of the viability of the letting pool
business.
The submitter who was impartial has Noted.
recently purchased a property within the
development – states there are 2 sides and
remains ‘impartial’.
Note: Of those that objected, 5 were owners of 1 or 2 eco-cabins on the site. Additionally, 1 objection
was from the onsite manager.
4. CONCLUSION
The proposed use is inconsistent with the Visitor Mixed Use zone and is not consistent with the
strategic intent of The Noosa Plan and the provision outlined in the overall outcomes of the Noosa
North Shore Locality Plan. The proposal is not supported for the reasons outlined in the
recommendation section of this report and is thus recommended for refusal.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office × Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
ATTACHMENT 1
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017 ATTACHMENT 4
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
Page 86 of 106
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
Foresight
Partnersptyttd
Beach Road Holiday Homes,
Noosa North Shore
Prepared for
Adamson Town Planning
November 2016
16017
Page 86 of 106Section 87
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
Disclaimer
The sole purpose of this report is to CONTENTS
provide Adamson Town Planning
CinT-m@sl (alm OM aneliier-l elem la}
Se eS 1. INTRODUCTION .....:ssssscsssssssssscssssssscesesssssesssssssssssssssssssssses seed
Pty Ltd’s scope of services set out
CII CREO CNa Cheah 2. NOOSA TOURISM AND ACCOMMODATION .............::::++1+-4
Pee ee eens 2.1 Noosa Council ZONING ...........:ccceseceeseeeseeeees seseeeseceteseeseseeteseesetess ses 4
Sia it
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and conclusions presented in tis [2.3.4 New Market ACGitiOMS stent eanenennnnnnnnanssses 10)
Ree Coenen cate 2.4 Occupancy Profile. ..........ssssssssecsssssseseeseesseesessssseseesssesessesseessseees 11
Therefore, actual results may differ
eee
ere ae ee Maes 3. IMPACT ANALYSIS ..................::scccsssssceeceessssssscsssseeessssseeeess TO
Uns cas Oh CRC EIC MC tote Relg 3.1__Noosa North Shore Accommodation Market Mix Implications 13
ACen SoMemnerdtiyn 3.2 Economic and Other Implications. ................:s:ssssssssssssssesesssseesees 14)
expressed in this report. Foresight
e-em ols
guarantee achievement of any
forecast growth or performance, as
future events, by nature, are not
amenable to independent
ror Moe lal Lol
ABN 59 111 542 673
Suite 31, Level 4
50-56 Sanders Street
UPPER MT GRAVATT,
QLD, 4122
P: (07) 3422 2011
[email protected]
www.foresightpartners.com.au
Page 87 of 106Section 88
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
Page 88 of 106
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
LIST OF FIGURES
Figure 1.1: Map of Participating Houses in MCU Application by Lot
Figure 2.1: Noosa Area Visitor Accommodation Establishments b'
Figure 2.2: Occupancy Rates, Beach Road Holiday Homes in
Letting Pool (Two Dwellings 12
LIST OF TABLES
Table 2.1: Visitors to the Sunshine Coast tourism region, June 2016 5)
Table 2.2: Total Visitors to the Noosa Shire, 2014 (calendar year 6
Table 2.3: Summary of Visitor Accommodation in Noosa by Type 7
Table 2.4: Room Occupancy Rate, Selected Noosa Area SA2s and
Sunshine Coast Tourism Region, 2014-2015 Financial Years
Eight Quarters 11
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
Foresight
partnerspetyttd
Beach Road Holiday Homes is a development of 48 detached dwellings within a gated
community located at 90 Beach Road, Noosa North Shore. Although initially approved as
short term visitor accommodation “Eco-cabins”, the dwellings are in fact mostly upscale,
individually designed two storey houses. The Beach Road Holiday Home development is
located in the Visitor Mixed Use Zone, which does not permit permanent occupation.
Accordingly, Condition 6 of the current approval (2006/2237) states that “the Eco-cabins
shall be for short term visitor accommodation only, with no person permitted to occupy the
Eco-cabins for the purposes of permanent accommodation in accordance with the Noosa
North Shore Eco-Tourism Portal Development Code”. The first houses were established in
2006, with subsequent stages constructed around 2012.
At present, the 48 houses within Beach Road Holiday Homes fall into the following rental
scheme categories:
e 22 dwellings participate in a centrally administered, formal rental pool:
e 6 dwellings are privately rented out by respective property owners; and
e 20 dwellings do not participate in a rental scheme and are used exclusively by
property owners as private holiday homes.
The owners of 19 properties within the Beach Road Holiday Homes collectively have
submitted a Material Change of Use of Premise (MCU) application to allow the option of
permanent residency within the estate. Of these, the MCU application concerns:
e four houses from the visitor rental pool;
e five houses being privately let; and
e the remaining ten do not currently participate in any visitor rental scheme.
Figure 1.1 shows the distribution of the 19 properties subject to the MCU application.
1.1 Purpose of Report and Methodology
Noosa Council issued an Information Request (dated 26 July 2016) which seeks:
1) Please provide further information addressing the impact of removing visitor
accommodation from the visitor accommodation pool (existing and future) in the
Visitor Mixed zone and the locality, particularly given the Noosa North Shore locality
has limited visitor accommodation.
2) Please provide an economic report that addresses but is not limited to the economic
impacts (risks/effects) associated with the conversion of visitor accommodation to
permanent accommodation in this locality.
2
Noosa North Shore Needs Assessment
16017 Rev 0 Draft
11 November 2016
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
Foresight
partnersptytta
Foresight Partners have been commissioned by Adamson Town Planning on behalf of the
Applicants to prepare the economic assessment to address the issues raised by Noosa
Council.
In order to address these issues, a number of tasks were undertaken, including:
e reconnaissance of the Beach Road Holiday Homes and surrounding areas in
September 2016;
e desktop inventory of visitor accommodation available in close proximity to Beach
Road Holiday Homes, as well as the broader Noosa area;
e analysis of (limited) letting records provided for the purposes of ascertaining
occupancy rates per annum of a typical holiday home within the estate rental pool:
e Collection of data on occupancy rates and visitor numbers to Noosa Shire from
various sources including Australian Bureau of Statistics (ABS), Tourism Research
Australia (TRA) and other commissioned reports;
e identification of the likely impacts and implications of making 19 of the 48 houses
available for permanent occupancy upon the current and future stock of tourism
accommodation within Noosa North Shore and the Noosa Shire more broadly; and
e assessment of community benefits (and disbenefits) of allowing the option of
permanent occupancy among some of the Beach Road Holiday Homes.
The above investigations form the basis of this economic assessment.
Section 2 of this report provides an overview of tourism accommodation in the northern
Noosa area, which includes an inventory of current tourism accommodation within the area,
with the Noosa North Shore locality discussed in more detail. Visitor numbers, expenditure,
and accommodation used by visitors for the Sunshine Coast and Noosa areas drawn from
published Domestic and International Visitor Survey data are examined.
Section 3 outlines the likely impacts for existing and future tourism accommodation stocks
if 19 of the 48 Beach Road Holiday Homes were allowed the option of permanent
residency, and discusses its potential benefits and disbenfits with respect to Noosa North
Shore’s visitor accommodation.
2
Noosa North Shore Needs Assessment
16017 Rev 0 Draft
11 November 2016
Page 90 of 106Section 91
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
Page 91 of 106
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 APRIL 2017
Figure 1.1: Map of Participating Houses in MCU Application by Lot Number
Noosa North Shore
Retreat & Tourist Park
Beach Road
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[e $ Holiday Homes
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£4 yp Partipating Lot
| 32 Non-Participating Lot L
kilometre
Page 91 of 106The text continues on section 92.