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2017-07-04_Request Extension to Currency Period_FINAL · 152006.1999.2
Attached to the e-mail Request for Extension to Currency Period - 152006.1999.2 - 191 Hollett Rd, Noosaville.
SUNSHINE COAST
4 July 2017
Job Ref: M1775 REV. A
Chief Executive Officer
Noosa Shire Council
PO Box 141
TEWANTIN QLD 4565
By Email: <[email protected]>
Att: Patrick Murphy - Planning Co-ordinator
Re: Request for Extension to Currency Period – Application No. 152006.1999
P & E Court Order for Development Approval for Reconfiguring a Lot (Subdivision 1 Lot into 52 Lots plus Park)
over land situated at 191 Hollett Road, Noosaville and described as Lot 53 on SP163571
Dear Patrick,
We refer to the above development approval issued by Planning & Environment Court, by order on 5 July, 2013.
We note that the development approval has a currency period of 4 years from the date of the P & E Court
approval.
On behalf of our client John & Kathy Hofmann, we lodged the survey plan for stage 1 of the approval on 30 June
2017. Our client’s position is that the lodgement of that survey plan preserves the approval. However, to
preserve our client’s rights in the event Council considers otherwise, we hereby make formal request for an
extension to the currency period in accordance with section 86 of the Planning Act 2016. It is noted that the
applicant has also requested an extension of the relevant period under the now repealed Sustainable Planning
Act 2009.
Our client seeks a 2 year extension to the currency period so that the development will not lapse until 5 July,
2019. The required extension will align with sunset clause within condition 5, which specifies 6 years for the
completion of the development.
Our client has been in discussions with potential purchasers of the site who need more time to act on the
approval should they proceed to contract.
Pursuant to section 87 of the Planning Act 2016 (PA):
(1) When assessing an extension application, the assessment manager may consider any matter that the
assessment manager considers relevant, even if the matter was not relevant to assessing the development
application. (Emphasis added).
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Page 2
We consider that the request for an extension to the currency period can be supported having regard to the
following matters:
The age of the approval which is relatively new (4 years old);
The request for extension under the Planning Act 2016 for the 2 years is the first extension for
the currency period to be extended;
The applicant incurred considerable expense to obtain the development approval, with that
process taking about 7 years. The approval went through a rigorous assessment process.
Condition 16 of the approval required the execution of an infrastructure agreement (IA) to set
out the obligations to obtain approval for road opening/closure of Old Hollett Road. Under the
terms of the IA, Council are required to complete particular actions to allow the opening/closing
of road. In this regard Council have advised that the road opening/closure application was
lodged with the DNRM in early 2014 and that “this is being progressed by Council’s property
section but is still with the State for a decision”.
In the circumstances, we consider it would be unreasonable for Council to refuse the 2 year
extension, given that the approval is reliant on completion of a road opening / closure process
that is being undertaken by a third party.
The request for a two year extension aligns with the sunset clause outlined in condition 5 of the
approval;
The conditions placed on the existing Planning and Environment Court approval comply with
contemporary planning standards and future operational works applications can be assessed
against current laws and policies;
Council accepted and approved the application for the approval on the basis of the exemption
provisions of the then SEQ Regional Plan. The existence of the approval means no further
assessment against the SEQ Regional Plan is necessary;
Our client, John Hofmann, has been suffering from serious health concerns for some time and
has been incapacitated from progressing the development. Despite not being a planning ground
per se, it is considered that the s87 Planning Act provides Council a largely unfettered discretion
to consider any matter the assessment manager thinks relevant;
Our client’s commitment to extending the life of this approval has been demonstrated via the
recent lodgement of the Survey Plan for the first stage of the development;
The approved development layout is generally in keeping with the current State Development
Assessment Provisions (SDAPs) in relation to vegetation requirements, setbacks to
environmental constraints including buffers for bushfire management. These constraints are
directly comparable under Council’s current overlay mapping constraints;
The approval conditions of the Court order include specific requirements in respect to these
constraints which relate to concurrence agency matters of State Environmental Significance.
The DILGP has indicated, in relation to our clients extension request lodged under SPA, that it
does not object to an extension to the currency period of the approval;
The approved development:
o Is predominantly located in disturbed areas of the site.
o Incorporates setbacks for bushfire management.
o Layout and design of allotments has been generally designed around already cleared
vegetation areas and environmental constraints;
o The conditions placed on the development appropriately address all relevant
environmental concerns;
JFP Ref: M1775 REV. A Page 2
Page 3
o Existing development rights are considered to exist under the original rezoning
development permit;
o Results in dedication of significant open space which will result in considerable
community benefits through the long-term conservation and low impact recreational use
of areas with ecological values.
o The site adjoins the urban fringe of Noosaville, is the next in sequence and is surrounded
by urban and rural residential development to the north and west of the site which is
compatible and similar in nature.
The current approval conditions are consistent with current laws and policies in the following
respects:-
o The engineering conditions which have been placed on the existing development approval
are considered to be consistent with current engineering design requirements and
standards. Reference is made to Civil Engineering conditions 18 to 37 and conditions 68
to 78. It is noted that the subsequent operational works application will be assessed in
accordance with local laws and policies applicable at the time of lodgement.
o The development is required to be undertaken in accordance with the Court’s approval
conditions including those of the referral agencies Department of Natural Resources and
Mines (DNRM), Environmental Protection Agency (EPA). The approved development
setbacks and environmental conditions are considered generally consistent with current
laws and policies in regard to site constraints including vegetation and bushfire hazard.
o We note that this approval was issued under the Sustainable Planning Act 2009, with an
Adopted Infrastructure Charges Notice issued by the then (pre-de-amalgamation)
Sunshine Coast Council. Infrastructure contributions applicable to this development
approval can be updated to reflect Noosa Council’s current adopted infrastructure
charges resolution, as required
Significant public interest grounds exist to support preserving the approval including:
o Significant community benefit by way of parkland dedication and construction of
pedestrian pathway network;
o Protection of vegetation areas in perpetuity through parkland dedication and vegetation
covenants;
o Community need for additional range of housing choices and options. It is considered that
there is a need and market for rural residential development within the Noosaville locality
having regard to limited areas available for development due to environmental
constraints.
Despite some inconsistency with current laws and policies, it is considered that the matters
discussed above, when considered in context, justify approval of the extension. In addition, the
dedication of over 52.7ha of the site for open space purposes as required by the approval
provides significant public interest benefits over and above the benefits that would be achieved
through the site’s rural zoning. The proposed dedication will facilitate conservation and also
provide for passive and active recreation opportunities which would not be possible without the
approval.
JFP Ref: M1775 REV. A Page 3
Page 4
From an assessment of the applicable provisions under the Noosa Plan 2006, the development approval complies
with Council’s strategic outcomes as noted in relevant DEOs and the strategic and overall outcomes of the
Tewantin and Doonan Locality Plan. Our assessment is provided below.
PART 3 DESIRED ENVIRONMENTAL OUTCOMES
DEOs Comments
The desired environmental outcomes for Noosa Shire are as
follows—
a) AGRICULTURE USES
Agricultural industry is maintained by— (a) (i) – (ix) The site has very limited opportunity for viable
i) conserving land for economically viable and and sustainable rural production or agricultural purposes.
environmentally sustainable agricultural purposes; This is due to the sites location adjoining urban development
ii) preventing the fragmentation of agricultural land; as well as limitations due to environmental constraints and
iii) facilitating the growth of non-traditional, though limited area. The proposal therefore does not fragment or
high value, crops which have minimal impact on alienate the land given the close proximity of urban
the natural environment or adjacent crops; development and limited cleared areas.
iv) facilitating the growth of non-traditional animal
husbandry practices such as aquaculture where it
does not alienate agricultural land or have a
detrimental impact upon the environment;
v) protecting agricultural pursuits from incompatible
uses, particularly those more suitably located
within the urban growth boundary;
vi) facilitating the growth of farm forestry practices;
vii) value adding to farm produce to enhance economic
viability;
viii) improving opportunities for mutually beneficial
enterprises that are complementary to agriculture
and other non-agricultural uses that do not
diminish agricultural production such as roadside
stalls, farm gate sales, home based occupations
and visitor accommodation; and
ix) adopting water and energy efficient practices.
g) OPEN SPACE, ENVIRONMENT & CONSERVATION (g) (i) – (xi) - The development protects open space
FUNCTIONS networks and natural environment through significant
i) Networks of open space and natural habitat, parkland dedication. These matters have been achieved
vegetated lands, wetlands, watercourses and through appropriate lot layout design and have also been
riparian zones are sensitivity managed and conditioned on the existing development approval
protected to avoid as far as practicable or, where including:-
avoidance is not practicable, minimise adverse
impacts resulting from development. Approved Plans – condition 2
ii) The natural environment is protected and managed Park Dedication – conditions 14 & 15
in a way that— Reserve/Parkland dedication - conditions 38 to 42
a) supports the economy through the Weed Management – condition 43
tourism industry and contributes to the Revegetation and Vegetation Offsets – condition 44
region’s competitive advantage and Tree Retention – condition 45
lifestyle; Fauna Protection – conditions 46 to 56
b) maintains and improves landscape Vegetation Covenants – conditions 63 to 66
character and visual amenity;
c) builds ecological resilience and capacity
to adapt to a changing climate;
d) provides passive, nature-based
recreation and educational
opportunities including appropriate
eco-tourism facilities;
JFP Ref: M1775 REV. A Page 4
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DEOs Comments
e) defines the boundaries to or of each of
the distinct urban localities of Noosa
Shire; and
f) provides linkages beyond Noosa Shire’s
boundaries.
iii) Ecologically important areas are protected,
rehabilitated and enhanced including their
condition, extent, diversity and connectivity to
maintain and improve biodiversity, landscape
stability, resilience and ecological integrity of the
natural environment.
iv) Koala habitat, connectivity and safety is maintained
and improved, contributing to a net gain in koala
habitat and assisting with the long term
stabilisation and recovery of viable populations
across Noosa Shire, Sunshine Coast and South East
Queensland.
v) Koala habitat offsets are applied only as a last
resort and achieve an equivalent or better
environmental outcome and additional protection
to environmental values at risk or additional
management actions to improve environmental
values.
vi) Terrestrial and aquatic biodiversity values and
water quality within the Noosa River system is
protected.
vii) Natural waterways and wetlands are maintained in
their natural state with development providing for
rehabilitation and enhancement to improve
ecological functioning and water quality.
viii) Constructed water bodies including canals are not
created except where maintained as private assets
and used for other than water treatment purposes.
ix) The quality of ground and surface water is
protected and improved in a manner that ensures
its long term environmental values, ecological
integrity and sustainability.
x) Coastal foreshores including near shore marine
environments, beaches, dunes, rocky headlands,
beaches and river mouths are maintained in their
natural state.
xi) Development protects coastal resources and values
and provides for physical coastal processes to occur
naturally and adverse impacts to be avoided as far
as is practicable, or where avoidance is not
practicable, minimises and mitigates adverse
impacts.
i) RESIDENTIAL USES
Urban and rural settlement for residential use is contained i) The proposed rural residential development is located on
within the defined urban growth boundaries shown on the edge of the urban growth boundary. However, it is
zoning maps ZM1- ZM9. It is developed to be consistent considered that the land is subject to existing land use rights
with— as part of the original rezoning approval. The development:
i) the planned capacity for roads, community services i) has been designed with consideration of the
and infrastructure for the particular locality; planned capacity for roads, community services
ii) the expectations of Noosa Shire’s population to and infrastructure for the particular locality;
have access to a broad range of safe, secure and ii) will provided additional housing choice and options
JFP Ref: M1775 REV. A Page 5
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DEOs Comments
affordable housing, that specifically caters for the to meet the expectations of Noosa Shire’s
current and projected demographic, economic and population to have access to a broad range of safe,
social profile of the community; secure and affordable housing, that specifically
iii) the expected character and amenity for the caters for the current and projected demographic,
particular locality; economic and social profile of the community;
iv) the landform, natural environmental and climatic iii) is compatible with the character and amenity for
conditions of the locality; the particular locality;
v) energy efficiency and water conserving design iv) has been designed around existing landform,
principles; natural environmental and climatic conditions of
vi) convenience and accessibility to urban services the locality;
employment and infrastructure; and v) will ensure any subsequent dwelling house on each
vii) suitable separation from incompatible land uses. allotment will be designed to meet relevant energy
efficiency and water conserving design principles;
vi) is conveniently located with access to urban
services employment and infrastructure; and
vii) is consistent with adjoining and surrounding land
uses.
l) INFRASTRUCTURE AND SERVICES
i) The efficient provision and use of services such as l) (i) – (iii) Complies. All relevant infrastructure and services
water, sewerage, power, telecommunications and for the rural residential development will be provided to a
waste disposal caters for the needs of residents suitable standard to meet the needs of the proposed land
and visitors, relative to their location within Noosa use. These have been appropriately conditioned on the
Shire. existing development approval.
ii) The ongoing viability of existing infrastructure
services and facilities are protected from the Reference is made to the specific Civil Engineering
impacts of future development. conditions of approval 18 to 37.
iii) Existing and future bulk water infrastructure and
corridors are protected from development that
would compromise the corridor integrity, and the
efficient delivery and functioning of the
infrastructure. Bulk water supply infrastructure is
protected from encroachment from sensitive uses.
DIVISION 15 OVERALL OUTCOMES FOR TEWANTIN AND DOONAN LOCALITY
Overall Outcomes Comments
12.7.1 The overall outcomes are the purpose of the Tewantin & Doonan Locality Code.
12.7.2 The overall outcomes sought for the Tewantin & Doonan Locality are the following—
a) New uses and works are located, designed and managed a) Complies. The development has been located, designed
to— and managed:-
i) be compatible with other uses and works; i) To be compatible with other uses and works
ii) maintain the safety of people and works; through appropriate design layout including
iii) avoid significant adverse impacts on the road network design compatible with adjacent
amenity enjoyed by users of other premises and surrounding uses;
including acoustic and visual qualities; and ii) To appropriately cater for the safety of people
iv) avoid significant adverse effects on the natural and works and is consistent with current
environment, including native habitat removal, standards including bushfire management (refer
fragmentation and attrition; conditions 57 to 62), flooding requirements
(refer conditions 68 to 73);
iii) To ensure no adverse impacts on amenity of
adjoining or surrounding premises as vegetation
buffers will be retained which will maintain
visual qualities. It is noted that proposed
allotments adjoining Walter Hay Drive will be
provided with acoustic attenuation through
mounding and landscaping treatments.
JFP Ref: M1775 REV. A Page 6
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Overall Outcomes Comments
Reference is made to conditions 9 to 13 of the
development approval in respect to acoustic
requirements.
iv) Vegetation clearing is limited to ensure no
significant impacts on the natural environment.
Development has been designed around already
disturbed/ cleared areas on the site.
b) Development is consistent with the Priority b) An Adopted Infrastructure Charges Notice has been issued
Infrastructure Plan in Part 15. for the site. Therefore, relevant contributions towards
applicable trunk networks within the locality will be provide
contributions towards priority infrastructure networks.
c) Urban development is limited to land within the Urban c) The site is situated on the edge of the Urban Growth
Growth Boundary as shown on Map ZM9; Boundary and is considered to be an appropriate extension of
existing urban and rural residential
d) The Tewantin & Doonan Locality retains its primary role d) The development primary role will be for providing
of providing housing for permanent residents; housing for permanent residents.
e) Tewantin is a vibrant riverside and lakeside urban area e) The proposed development is for rural residential
with a traditional town character and identity within a development in close proximity to the township of Tewantin
vegetated, waterfront setting; and is compatible with adjacent and surrounding land uses.
f) Within the town of Tewantin the distinct character of f) Not applicable. The site is not located within the town of
existing residential neighbourhoods is retained, and Tewantin.
housing offers high levels of residential amenity,
convenience, accessibility and servicing, while maintaining
the low density and low scale synonymous with the local
character;
g) & h) Not Applicable
j) Rural settlement, at varying densities consistent with the j) The proposed development for rural residential lots has
environmental constraints of the area, offer high levels of been designed to achieve appropriate density consistent with
amenity and moderate to high levels of convenience, the environmental constraints on the site. The development
accessibility and servicing; achieves a high level of amenity and has moderate to high
levels of convenience, accessibility and servicing given its
close proximity to the townships of Tewantin and Noosaville.
k) Rural settlement and open space are the dominant land k) Complies. The development site is situated south of
uses south of the Tewantin State Forest, and serve to define Tewantin State Forest and proposes rural residential
the boundaries of the coastal urban area of Noosa; and allotments/ rural settlement style lots varying in size due to
environmental constraints. It is noted that open space on the
site will remain the dominant land use through parkland
dedication comprising over 47% of the site plus additional
protected areas in perpetuity through the establishment of
vegetation covenants.
l) The urban boundaries of Tewantin remain defined by l) The site is situated on the edge of Tewantin and is located
vegetated edges provided by Tewantin State Forest, Harry within the suburb of Noosaville. The rural residential
Springs Conservation Park, Lake Doonella and the development is consistent with existing surrounding urban
floodplains of the Noosa River and Cooroibah, Wooroi, and rural residential developments.
Eenie and Keyser Creeks;
m), n), o), p) & q) Not Applicable
r) The environmental, aesthetic and scenic values of the r) The development design has ensured that key
locality, or watercourses just outside the locality, are environmental areas are protected and maintained. This
protected and maintained. These include— includes dedication of 52.757 hectares of parkland.
i) the Noosa River; Vegetation covenants over other significant vegetation
ii) Lakes Cooroibah, Doonella and Weyba; outside the dedication have also been conditioned. This will
iii) Cooroibah, Wooroi, Cranks, Eenie and protect and maintain the environmental, aesthetic and scenic
Keyser Creeks and their associated values of the locality. Stormwater Management has been
riparian communities; conditioned in accordance with contemporary standards to
iv) Mt Tinbeerwah; ensure receiving waterways are protected and maintained.
JFP Ref: M1775 REV. A Page 7
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Overall Outcomes Comments
v) the vegetated range systems, particularly
in areas close to or visible from Eumundi
Road, Cooroy-Noosa Road and Beckmans
Road;
vi) Tewantin State Forest;
vii) views to Noosa North Shore;
viii) lowland areas in their natural state; and
ix) major open space network links between
Lake Cooroibah, Tewantin State Forest,
Lake Weyba and open space areas to the
south;
s) Areas of native remnant or regrowth vegetation, s) Development has been designed within already cleared or
including their biodiversity and habitat values are predominately disturbed areas. Significant areas containing
protected; native vegetation will be dedicated to parkland which will
protect biodiversity and habitat values. Further vegetation
outside dedication will also be protected through the
implementation of vegetation covenants.
t) Development provides for low impact nature-based t) Not Applicable.
recreation activities in and around the Noosa River over
other forms of more intensive recreation.
u), v), w), x), y) z) and aa) Not Applicable
bb) For the Rural Zone—rural land is protected and bb) The development is considered appropriate, despite
appropriately managed such that:- Council’s change to the zone designation under the current
i) the scenic and environmental values, the distinct Noosa Plan 2006 to the Rural Zone, given the site’s location
rural amenity and agricultural productivity of the in context and development approval history. The site adjoins
locality are preserved and are not adversely the urban fringe of Noosaville, is the next in sequence and is
impacted as a consequence of development on or surrounded by urban and rural residential development to
adjacent to that land; and the north and west of the site which is compatible and similar
ii) locally appropriate enterprises such as bed and in nature. The development has been respectively designed
breakfast accommodation, farmstays, cabins, to ensure environmental values on the site are protected and
camping grounds, roadside stalls and home based appropriately managed.
businesses enhance the economic sustainability of
the hinterland; and The scenic and environmental values of the locality and site
will be preserved through dedication of parkland and
retention of vegetation by covenants. The site does not
provide for viable agricultural purposes due to environmental
constraints, limitation of land area and proximity to existing
residential land uses.
The proposed subdivision provides the best use of available
land within the Noosaville locality which has limited
opportunity for expansion of residential land uses due to
environmentally constrained areas. The proposed
development is compatible with the adjoining and
surrounding land uses.
JFP Ref: M1775 REV. A Page 8
Page 9
DIVISION 16 SPECIFIC OUTCOMES AND PROBABLE SOLUTIONS FOR THE TEWANTIN AND DOONAN LOCALITY
Specific Outcomes Probable Solutions Comments
12.8 Effects of use
Amenity No solution provided. O1 – The development location,
O1 Uses are located, designed and design and ultimate purpose for
operated to avoid significant adverse rural residential lifestyle purposes
changes to the light, air quality, noise, will not adversely change or impact
accessibility or other conditions enjoyed on light, air quality, noise,
by users of associated, adjoining or accessibility or other conditions of
nearby uses. adjoining or nearby residential uses.
Major road network No solution provided. O2 – The proposed development
O2 The function of, and visual amenity does not adversely impact on the
and character surrounding the major function, visual amenity and
road network, including Eumundi–Noosa character surrounding Walter Hay
Road, Beckmans Road, Cooroy–Noosa Drive or Eumundi-Noosa Road.
Road, Poinciana Avenue, Moorindil
Street, Emu Mountain Road, Doonella
Street, Memorial Avenue, Sidoni Street,
Walter Hay Drive, Sunrise Road,
McKinnon Drive and Butler Street is
protected and enhanced.
12.9 Built form
Density No solution provided. O3 - Complies. The density of the
O3 The density of development within reconfiguration development
the site area— approval is compatible and
a) is compatible with surrounding consistent with surrounding
development; development. The ultimate built
b) does not exceed— form will be low impact whilst
i. for the Semi-Attached Housing maintaining natural site
Zone— 1 dwelling unit per characteristics including native
300m² of site area, with a vegetation.
maximum population density of
100 persons per hectare; and
ii. for the Attached Housing
Zone—a maximum population
density of 100 persons per
hectare; and
iii. for the Business Centre Zone—
maximum population density of
100 persons per hectare with
the exception of a visitor hostel
at the Royal Mail Hotel site (Lot
1 on RP845244 & Lot 3 on
RP40197) which has an
allowable population density of
320 persons per hectare
exclusively for such a use; and
iv. for the Community Uses Zone
maximum population density of
320 persons per hectare
exclusively for the purposes of
Residential Aged Care and 160
persons per hectare for any
other form of Retirement &
Special Needs Housing; and
c) has a low site impact to enhance the
JFP Ref: M1775 REV. A Page 9
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Specific Outcomes Probable Solutions Comments
opportunity to maintain natural site
characteristics, including native
vegetation and natural landforms.
Height S4.1 The maximum height of buildings O4.1 - A dwelling house on each lot
O4 Buildings and other structures— and other structures is– will need to comply with height and
a) are low rise and present a building a) if in the Business Centre Zone—10m siting requirements as part of
height consistent with structures on unless within 10m of either Blakesley subsequent building works
adjoining and surrounding land; Street or Sidoni Street in which case it is application approval process in
b) have a maximum building height of 2 8m; accordance with QDC, BCA and
storeys; b) if in the Rural or Rural Settlement Council’s requirements at the time
c) do not visually dominate the street, Zone—8m, or 9m where the pitched of lodgement.
surrounding spaces or the existing roof but no other part of the building or
skyline; structure exceeds 8m; or
d) preserve the amenity of surrounding c) in all other zones—8m.
land including access to sunlight;
e) respect the scale of surrounding
vegetation; and
f) respond to the topography of the site
and minimise cut and fill (eg. by stepping
down the slope or using suspended floor
construction, for sloping sites).
Setbacks S5.1 Buildings and structures comply O5 - The design and siting of the
O5 Buildings and other structures are with the setbacks specified in Schedule 1 proposed lots has ensured suitable
appropriately designed and sited to— - Minimum Boundary Setbacks. effective areas for siting a
a) provide amenity for users of the subsequent dwelling house on each
premises as well as preserve the visual lot with respect to preserving
and acoustic privacy of adjoining and vegetation and buffers to existing
nearby land uses; vegetated areas on site.
b) preserve any existing vegetation that
will buffer the proposed building from Reference is made to conditions 6 &
adjoining uses; 7 in respect to Plan of
c) allow for landscaping to be provided development/setbacks which are
between buildings; and consistent with Schedule 1 –
d) maintain the visual continuity and Minimum Boundary setbacks. The
pattern of buildings and landscape ultimate development will achieve
elements within the street; and O5 also through conditions 38 to 42
e) help protect the natural character and which requires land to be dedicated
visual amenity of the Noosa River to parkland for environmental
system and other watercourses and purposes and condition 61 which
lakes. specifies applicable bushfire building
setbacks.
A dwelling house on each lot will
need to comply with relevant
setbacks and siting requirements as
part of subsequent building works
application approval process in
accordance with QDC, BCA and
Council’s requirements at the time
of lodgement.
Site cover, gross floor area and plot No solution provided. O6, O7, O8, O9 & O10 - Not
ratio applicable at this stage. A dwelling
O6 The site cover, gross floor area and house on each lot will need to
plot ratio of buildings and other roofed comply with relevant requirements
structures— as part of subsequent building works
JFP Ref: M1775 REV. A Page 10
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Specific Outcomes Probable Solutions Comments
a) results in a building scale that is application approval process in
compatible with surrounding accordance with QDC, BCA and
development; Council’s requirements at the time
b) does not present an appearance of of lodgement.
bulk to adjacent properties, roads or
other areas in the vicinity of the site;
c) maximises the retention of existing
vegetation and allows for soft
landscaping between buildings;
d) allows for adequate area at ground
level for outdoor recreation,
entertainment, clothes drying and other
site facilities; and
e) facilitates onsite stormwater
management and vehicular access.
O7 Site cover—
a) for a class 1 or class 10a building
within a Detached Housing Zone, does
not exceed—
i. for a single storey building -
50%; or
ii. for a building of 2 or more
storeys - 50% on the ground
floor and 30% for the upper
storey(s), or 40% for all storeys
for a building of 2 or more
storeys;
b) for other classes within a Detached
Housing Zone does not exceed—40%;
c) for the Semi-Attached Housing Zone
does not exceed 40%; or
d) for the Attached Housing Zone does
not exceed 40%.
O8 For Multiple Housing Type 2
development has a maximum plot ratio
of 0.45:1.
O9 For Multiple housing Types 3 or 4,
Visitor accommodation Type 4 or the
accommodation unit component of an
Entertainment and dining business
Type 3— the maximum gross floor area
is equivalent to the maximum allowable
population in persons multiplied by
40m².
O10 For the Neighbourhood Centre
Zone and the Business Centre Zone the
maximum plot ratio does not exceed—
a) 0.8:1 for the first 2,000m² of site
areas; plus
b) 0.3:1 for the balance of the site areas
in excess of 2,000m².
Flooding and drainage S11.1 For new buildings or structures or O11 - Complies. Reference is made
O11 Buildings and other works are additions of more than 50m2 gross floor to the requirements of the current
designed and sited to— area to an existing building or structure, conditions 68 to 73 with respect to
a) provide flood free access to premises floor levels for habitable rooms are— possible flooding.
and flood free habitable areas; a) for areas where minimum floor levels
JFP Ref: M1775 REV. A Page 11
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Specific Outcomes Probable Solutions Comments
b) allow only minor, short term and are available—not less than the A dwelling house on each lot will
infrequent flooding of non-habitable specified level; need to comply with relevant
areas; b) for areas where flood modelling is freeboard and habitable floor levels
c) ensure carparking areas can be available—a minimum of 300mm requirements (if necessitated) as
adequately drained; above the modelled flood level; and part of subsequent building works
d) ensure drainage does not adversely c) for areas where flood modelling is not application approval process in
impact upon other premises; and available, a minimum of 300mm accordance with QDC, BCA and
e) ensure filling or excavation does not above the highest known flood level; Council’s requirements at the time
adversely impact upon other premises AND of lodgement.
by— S11.2 Where Council infrastructure is
i. causing ponding of available—
water on the site or a) any drainage (from buildings and
nearby land; land) flows to that infrastructure; and
ii. increasing flooding, b) the infrastructure has the capacity to
which adversely affects accept any additional loading;
the safety or use of any AND
land upstream and S11.3 For Residential Uses—
downstream; and a) where slab on ground construction is
iii. adversely affecting the used, filling does not extend more than
flow of water in any 1m beyond the building footprint and
overland flow path. access to car parking areas, measured
from outer walls of the building; or
b) the design consists of a suspended
floor construction;
AND
S11.4 Car parking and maneuvering
areas are constructed at a level that
permits the parking area to drain from
the site by gravity means, without the
need for mechanical pumping; or
S11.5 Basements for residential uses
have flood immunity above the 1% AEP
defined flood event where alternative
means to mechanical pumping are used
to achieve such immunity; or
S11.6 Basements for non-residential
uses have flood immunity above the 1%
AEP defined flood event that may be
achieved by means of mechanical
pumping where the mechanical feature
is installed with adequate holding tanks
and an alternative back up power
source.
Sloping sites S12.1 Buildings are of split level design O12 - Not Applicable. The site is not
O12 On sloping sites, buildings and that step down the slope or have subject to steep land.
structures are designed to maximise the suspended floor construction;
use of natural slope and minimise the AND
need for cut and fill. S12.2 Cut or fill is less than 2m in depth
relative to natural ground surface;
AND
S12.3 The distance between the ground
and the lowest part of the floor of the
building does not exceed 3m.
Roof form S13.1 Except for the Business Centre S13.1 & S13.2 - A dwelling house on
O13 Roof forms— Zone, the main roof of the building has a each lot will need to comply with
JFP Ref: M1775 REV. A Page 12
Page 13
Specific Outcomes Probable Solutions Comments
a) contribute positively to the local roof pitch no less than 5 degrees and has roof form design elements as part of
skyline; minimum 600mm eaves to at least 75% subsequent building works
b) complement the low density of the perimeter of the building; application approval process in
character of the locality; AND accordance with QDC, BCA and
c) do not present an appearance of S13.2 Buildings and structures do not Council’s requirements at the time
excessive bulk to side neighbours; include roof top terrace areas. of lodgement.
d) use simple traditional roof designs;
and
e) do not create opportunities for
residents to overlook the private open
space areas of neighbouring properties.
Landscaped setting No solution provided. O14 & O15 - Complies. The layout
O14 Tall trees and native vegetation add and design ensures the retention of
to the character of the locality and are significant vegetation on the site.
retained;
AND The development approval requires
O15 Existing character trees such as significant Tree Retention as part of
eucalypts, poincianas, melaleucas and condition 45. In addition to
figs are retained. retention of trees, street tree
plantings are required as part of
condition 67.
12.10 Environment, Conservation and Recreation
Environment and cultural heritage No solution provided O16 - Complies. Layout and design
values Advisory note of allotments has generally been
O16 There are no significant adverse PSP24 – Effluent Disposal details designed around already cleared
effects on biodiversity, native requirements for the design and siting of vegetation areas and environmental
vegetation, native fauna habitat, effluent disposal systems where located constraints.
landscape quality, water quality or outside a sewerage service area.
cultural heritage values, including those Compliance with PSP24 will be
related to— considered as part of Council’s
a) changes to natural drainage; assessment of the plumbing and
b) disturbance of the wetland system; drainage application
c) management of landslide and fire risk;
d) erosion and the transport of
sediments off site;
e) unmanaged public access;
f) effluent disposal;
g) changes to fauna habitat and
behaviour; and
h) disturbance of buildings and features,
including natural features, of cultural
heritage significance.
Open space network S17.1 Open space corridors and existing O17 – Complies. The proposed
O17 An integrated open space network native vegetation in areas indicated in development provides an integrated
is established, enhanced and protected Schedule 5 – Map 3 are protected from open space network through
throughout the locality to— fragmentation and encroachment by protection of environmental
a) provide for both passive and active development. corridors. Development has been
recreational pursuits; designed around predominately
b) provide connectivity for pedestrians, disturbed areas on the site.
cyclists, and horse riders; Pedestrian and bicycle facilities is
c) provide access to Community Uses required to be provided for this
and buildings, public open space and the development as part of conditions
Noosa River; 25 to 29.
d) provide habitat connectivity for
wildlife;
JFP Ref: M1775 REV. A Page 13
Page 14
Specific Outcomes Probable Solutions Comments
e) protect watercourses and drainage
lines;
f) protect vegetation on steep slopes;
and
g) form a scenic backdrop for residential
development.
Noosa Trail Network S18.1 No solution provided O18 & O19 - Complies. Pedestrian
O18 A comprehensive network of bridle S19.1 Development includes linkages to and bicycle paths are required to be
trails and pedestrian and bicycle links is or between existing or future provided for this development as
established, enhanced and protected components of the Noosa Trail Network, part of conditions 25 to 29.
incorporating road reserves, State as indicated in Schedule 5 – Map 2;
forests, Council owned land and AND
private lands consistent with the S19.2 Development does not have an
lifestyle and outdoor recreation needs of adverse impact on the access functions
the Shire’s residents and visitors; of the Noosa Trail Network as indicated
AND in Schedule 5 – Map 2, including
O19 Existing and future pedestrian, severing of existing or future linkages; or
bridle trail or bicycle linkages are S19.3 Alternative linkages to those
retained as part of a Shire wide trail indicated in Schedule 5 – Map 2 are
network. provided;
AND
S19.4 Linkages to the Noosa Trail
Network are designed and constructed
in accordance with—
a) Australian Standard 2156.1 Walking
Tracks Part 1: Classification and
Signage to a minimum of a Class 4
Standard; and
b) Australian Standard 2156.2 Walking
Tracks Part 2: Infrastructure Design.
Pedestrian and bicycle pathways S20.1 Pedestrian and bicycle pathways O20 - Complies. Pedestrian and
O20 Safe and convenient pedestrian and are provided and retained where Bicycle paths are required to be
bicycle pathways are provided and indicated in the Priority Infrastructure provided for this development as
retained between and around key Plan in Part 15; part of conditions 25 to 29.
destinations. AND
S20.2 Contributions toward pedestrian
and bicycle pathways are provided in
accordance with the Priority
Infrastructure Plan in Part 15.
Noosa River O21 - Not Applicable. Development
O21 Commercial development on and S21.1 No solution provided is not for commercial development
adjacent to the Noosa River is designed adjacent to the Noosa River.
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;
e) ensure no additional commercial
leases on the Noosa River;
f) ensure no net increase in the gross
JFP Ref: M1775 REV. A Page 14
Page 15
Specific Outcomes Probable Solutions Comments 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). O22 Commercial development does not S22.1 Development does not increase S22.1 – Not Applicable. extend beyond existing commercial the overall footprint of commercial lease areas. jetties and structures. O23 The loading and unloading of S23.1 No probable solution S23.1 - Not Applicable. passengers is confined to the commercial lease areas of the respective commercial operation. DIVISION 24 – SPECIFIC OUTCOMES AND PROBABLE SOLUTIONS FOR THE RURAL ZONE TABLE 12.20 Specific Outcomes Probable Solutions Comments 12.37 Consistent uses O92 The following defined uses and use No probable solution O92 - Complies. The ultimate land classes are consistent uses and are use on each allotment will be for an located in the Rural Zone— individual detached house, which is a) All Agricultural Uses; a consistent use on Rural Zoned b) Commercial business Type 3; land. c) Home-based business; d) Retail business Type 1 if a roadside stall; e) Emergency service Type 2; f) Open space Type 2; g) Detached house; h) Community residence; i) Ancillary dwelling unit; and j) Visitor accommodation Types 1, 2 or 3. 12.38 Inconsistent uses O93 The following defined uses and use No probable solution O93 - Not Applicable. classes are inconsistent uses and are not located in the Rural Zone— a) Commercial business Types 1 or 2; b) Entertainment and dining business; c) Industrial business; d) Retail business Type 1 if not a roadside stall; e) Retail business Types 2, 3, 4, 5, 6 or 7; f) Education; g) Emergency service Type 1; h) Open space Type 1; i) Wellbeing; j) All Infrastructure Uses; k) Multiple housing; and l) Visitor accommodation Type 4. 12.39 Built form Sloping sites & ridgelines S94.1 Buildings and associated O94 & O95 – Not Applicable. The O94 Development on sloping sites— accessways are not constructed on land site is not subject to steep land. JFP Ref: M1775 REV. A Page 15
Page 16
Specific Outcomes Probable Solutions Comments
a) is responsive to the natural with a slope greater than 1 in 4 (25%);
topography of the site and minimises cut AND
and fill (eg. by stepping down the slope S94.2 Buildings present no more than 2
of the site or using suspended floor storeys at any one point;
construction); AND
b) does not visually dominate the hill S95.1 On properties with a slope
slope or interrupt the skyline; and exceeding 1 in 4 (25%) or located on
c) is integrated with the natural site ridgelines visible from the major road
characteristics including vegetation; network the roofline of buildings do not
AND protrude above the ridgeline or tree
O95 The landscape character and visual canopy.
amenity quality of hill slopes and Advisory Note
ridgelines are retained. On visually prominent hill slopes or
ridgelines buildings should be
predominantly finished in colours and
materials that blend well with the
colours and hues of the surrounding
vegetation and landscape without
causing glare or reflection. Shades in the
violet, blue, green and yellow green side
of the spectrum as well as greys or
browns should be appropriate with
whites or bright colours restricted to
trimmings.
Incompatible uses
O96 New dwelling units are to provide No solution provided O96 - Not Applicable.
for sufficient buffer area between the
premises and existing Industrial
business uses on other premises to
avoid any potential adverse amenity
impacts on residents.
12.40 Open space, environment and conservation
Environmental values
O97 The environmental values of land No solution provided O97 - The environmental values of
are protected from adverse impacts as a the site will be protected from
consequence of development in or adverse impacts through dedication
adjacent to that land. of 52.757 hectares to parkland.
Further vegetation outside
dedication will also be protected
through the implementation of
vegetation covenants. It is noted
that stormwater management will
require to be implemented to
ensure appropriate water quality
measures are implemented.
Open space network
O98 Land within the Rural Zone forms No solution provided O98 - Complies. The open space
part of an open space network between network within the locality will be
Lake Weyba and the Tewantin State further enhanced through significant
Forest and sub-coastal escarpment. dedication of 52.757 hectares of
parkland.
JFP Ref: M1775 REV. A Page 16
Page 17
It is noted that, under the Planning Act 2016, this extension application does not need to be referred to the
referral agency. Notwithstanding, please note SARA has provided a letter stating that it had no objection to
Council issuing an extension to the current development approval as part of our client’s recent application under
the Sustainable Planning Act 2009.
Please find enclosed the following documentation to accompany our application:
1. Completed DILGP Application Form for Extension application under section 86 of the Planning Act 2016;
2. Duly signed Owners Consent to the making of the Request to Extend the Currency Period;
3. Council’s Extension to Currency Period fee in the amount of $2,766.00 will be made directly to Council.
We look forward to Council’s favourable consideration of this request to extend the relevant period for an
additional 2 years to align with the sunset clause condition 5.
Should you require any clarification regarding this matter, please do not hesitate to contact the undersigned at
our Central Queensland Office on 07) 4839 4100 or Graeme Bews on 07) 5450 3900.
Yours faithfully,
ALLISON DRABSCH
Senior Urban Planner
JFP URBAN CONSULTANTS PTY LTD
Encl:
cc: John & Kathy Hofmann
JFP Ref: M1775 REV. A Page 17
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