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Town Planning Report_FINAL
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PLANNING REPORT Proposed Development at 36-38 Duke Street Sunshine Beach For Cambooya Pty Ltd M3024P– Rev A May 2023 JFP Urban Consultants Pty Ltd Prepared by: Timothy Balcombe Approved by: Graeme Bews PLANNING REPORT – Revision A May 2023 P a g e |2
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TABLE OF CONTENTS
PLANNING REPORT ............................................................................................................................. 2
Executive summary ................................................................................................................. 5
1.1 Site details...................................................................................................................... 6
1.2 Application details .......................................................................................................... 6
1.3 Applicable legislation ..................................................................................................... 7
1.4 Definition of use ............................................................................................................. 7
1.5 Level of assessment and public notification ................................................................... 7
1.6 The proposed development ........................................................................................... 8
1.7 Referral agencies............................................................................................................ 9
1.8 Supporting specialist reports and documentation ......................................................... 9
Site in context ....................................................................................................................... 10
2.1 Land use and area classification ................................................................................... 10
2.1.1 Development site ....................................................................................... 10
2.1.2 Surrounding Locality................................................................................... 11
2.1.3 Surrounding development ......................................................................... 12
2.2 Site and environment description ................................................................................ 13
2.2.1 Topography and drainage patterns ............................................................ 13
2.2.2 Ecological mapping..................................................................................... 13
2.2.3 Local mapping ............................................................................................ 13
2.2.4 Waterways, wetlands, flooding and acid sulfate soils ................................ 14
2.2.5 Site contamination ..................................................................................... 14
2.2.6 Heritage...................................................................................................... 14
2.3 Access and mobility ...................................................................................................... 14
2.3.1 Vehicular access ......................................................................................... 14
2.3.2 Pedestrian, cycle and Public transport ....................................................... 14
2.4 Infrastructure/local government infrastructure plan ................................................... 15
2.4.1 Services ...................................................................................................... 15
2.4.2 Local government infrastructure plan ........................................................ 15
Site history ............................................................................................................................ 16
3.1 Prelodgement meeting ................................................................................................ 16
3.2 Landuse history ............................................................................................................ 17
The development proposal .................................................................................................... 18
4.1 Use definitions ............................................................................................................. 18
4.2 Proposal details ............................................................................................................ 18
4.3 Built form ..................................................................................................................... 19
4.4 Building scale and bulk ................................................................................................. 22
4.5 Plot Ratio ...................................................................................................................... 24
4.6 Landscaping.................................................................................................................. 26
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4.7 Car parking ................................................................................................................... 26
4.8 Monetary contribution in lieu of parking ..................................................................... 27
4.8.1 Proposed carparking allocation including the shortfall of carparking spaces .
4.8.2 Rate of contribution .......................................................................................
4.8.3 Criteria for accepting contributions in lieu of providing car parking spaces ..
4.9 Geotechnical ................................................................................................................ 29
4.10 Infrastructure Services ................................................................................................. 29
Statutory provisions and compliance ..................................................................................... 30
5.1 State interests .............................................................................................................. 30
5.1.1 SEQRP ......................................................................................................... 30
5.1.2 Adopted infrastructure charges ................................................................. 30
5.1.3 Referral agencies and state development assessment provisions ............. 30
5.1.4 State Planning policy .................................................................................. 30
5.1.5 Planning Act and Regulations 2017 ............................................................ 30
5.2 Council interests & planning scheme ........................................................................... 32
5.2.1 Zoning ........................................................................................................ 32
5.2.2 Local plan ................................................................................................... 33
5.2.3 Applicable planning scheme codes ............................................................ 33
5.2.4 Overlays...................................................................................................... 35
5.2.5 Applicable assessment benchmarks ........................................................... 35
Conclusion ............................................................................................................................ 36
6.1 Summary ...................................................................................................................... 36
Appendices ........................................................................................................................... 37
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EXECUTIVE SUMMARY JFP Urban Consultants have been engaged by Cambooya Pty Ltd to prepare and lodge a development application for a material change of use of premises for 5 short term accommodation units and 2 food and drink outlets over land at 36-38 Duke Street, Sunshine Beach. The application seeks approval under the Noosa Plan 2020 to be undertaken in accordance with the proposal plans, which are included in Appendix A of this planning report. Short term accommodation and food and drink outlets are consistent uses in the Tourist Accommodation zone, and as such, the application requires code assessment in accordance with the provisions of Noosa Plan 2020 and the Planning Act 2016. The site is located in the Duke Street commercial/ tourist strip, which services the basic needs of both tourist and residents of Sunshine Beach. The purpose of the Tourist Accommodation zone is to cater for a mix of medium to high density short-term accommodation supported by business uses that complement and enhance the areas primary role as visitor destination. The proposal as illustrated in Figure 1 below, is consistent with the zone intent and the built form is in keeping with prevailing character of the existing streetscape. The proposal also generally complies with the relevant assessment benchmarks relating to built form, including building height, setbacks, plot ratio and landscaping. Despite this, the proposal is unable to strictly comply with some of the finer grained elements of the planning scheme such as site cover and carparking. Figure 1 – Rendered perspective of the proposed development The proposed development includes a site cover of 70%, which exceeds the planning scheme’s performance outcome of 45%. In this instance it is considered that the performance outcome is out of context with the prevailing urban character of the area, which is evidenced by the two adjoining developments having site cover calculations of 92% and 74% respectively. PLANNING REPORT – Revision A May 2023 P a g e |5
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The 45% site cover requirement is incongruous with the zone intent and our client has advised that
any proposal involving 45% site cover would not be able to deliver an economically viable
development over the site. Compliance with this requirement would result in a built form outcome
similar to the existing 2 storey development on the site (Refer to Figure 11 below), noting that the
existing development does not include any formal onsite car parking. Strict adherence with the site
cover requirement would most certainly ensure the applicant has no alternative but to retain and
refurbish the existing building which was built in the 1960s. This would result in a lost opportunity to
achieve a quality mixed use development, which is consistent with the higher order zone intent and
positively enhances the precinct’s appeal as a tourist destination.
The proposal provides 6 onsite car parking spaces including one PWD and visitor space. The scheme
requires a total of 10 spaces. Investigations to accommodate additional onsite carparking were not
successful due to the site constraints including area, width and slope. Therefore, the application
includes a request for Council to exercise its discretion to accept a monetary contribution in lieu of
providing some onsite parking in accordance with Council’s ‘Contributions in lieu of parking policy’.
This would result in a monetary contribution of circa $48,000 to be put towards on-road parking or
transport initiatives within the local area.
Therefore, assessment of the application will require some flexibility and performance-based
assessment against the relevant benchmarks to assist in delivering this highly compliant and exemplary
development outcome for the site.
This planning report contains details of the proposed development and an assessment against the
relevant provisions of Noosa Plan 2020 and other relevant State legislation and policies.
1.1 SITE DETAILS
Street Address 36 & 38 Duke Street Sunshine Beach
Real Property Description Lot 370 &371 RP48111
Easements and Encumbrances Not applicable
Site Area 485.34m2
Registered Owners Cambooya Pty Ltd
Local Government Noosa Council
Planning Scheme Noosa Plan 2020
Strategic Plan Classification Urban Area
Local Plan Coastal Communities
Zoning Tourist Accommodation (Sunshine Beach)
Applicable Council Overlays Slide hazard – all combined
Nature Conservation Act 1992 Not applicable
State Planning Policy Mapping Not applicable
Koala Habitat Area Mapping Not applicable
Development Assessment SEQ Regional land use categories (Urban Footprint)
Mapping System Water resource planning boundaries
1.2 APPLICATION DETAILS
Applicant Cambooya Pty Ltd C/- JFP Urban Consultants Pty Ltd
Application Type Material change of use – 5 x short term accommodation units and
2 food and drink outlets
Level of Assessment Code assessment
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1.3 APPLICABLE LEGISLATION
This application has been prepared in accordance with the relevant provisions of the Planning Act 2016
(PAct) and requires assessment against the relevant assessment benchmarks of the Noosa Plan 2020.
1.4 DEFINITION OF USE
In accordance with the Planning Act 2016, the proposed development involves a material change of
use as identified in the following extract: -
Extract from the Planning Act 2016
Schedule 2 – Material Change of Use means ‐
material change of use, of premises, means any of the following that a regulation made under
section 284(2)(a) does not prescribe to be minor change of use—
(a) the start of a new use of the premises;
(b) the re‐establishment on the premises of a use that has been abandoned;
(c) a material increase in the intensity or scale of the use of the premises.
In accordance with Schedule 1 of the Noosa Plan 2022, the proposed uses are best defined as being a
Short-term accommodation and a Food and Drink outlet. The applicable planning scheme use
definitions are reproduced below:
Short-term accommodation—
1. means the use of premises for
1. providing accommodation of less than three (3) consecutive months to
tourists or travellers; or
2. a manager’s residence, office, or recreation facilities for the exclusive use of
guests, if the use is ancillary to the use in subparagraph (i); but
2. does not include a hotel, nature-based tourism, resort complex or tourist park.
Food and drink outlet means the use of premises for—
1. preparing and selling food and drink for consumption on or off the premises; or
2. providing liquor for consumption on the premises, if the use is ancillary to the use in
paragraph (a).
1.5 LEVEL OF ASSESSMENT AND ASSESSMENT BENCHMARKS
In accordance with Part 5 Tables of Assessment (Table 5.5.2) of the Noosa Plan 2020, the proposed land
uses, Short term accommodation and Food and drink outlet, are nominated as consistent and Code
Assessable uses within the Tourist accommodation zone.
The relevant assessment benchmarks for the proposal include:
▪ Coastal Communities Local Plan Code
▪ Tourist Accommodation Zone Code
▪ Business Activities Code
▪ Visitor Accommodation Code
▪ Works Codes
An assessment against these assessment benchmarks has been undertaken in Part 5 of this report.
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Overlays
The subject site is affected by the Landslide hazard overlay (Moderate and high hazard area). The
overlay does not raise the level of assessment but does require assessment against the following
assessment benchmark:
▪ Landslide Hazard Overlay Code
1.6 THE PROPOSED DEVELOPMENT
The proposal seeks to redevelop 36-38 Duke Street, Sunshine Beach. The site is located on a sloping site
and consists of two small lots with frontages to both Duke Street and Douglas Lane. The site is situated
between two adjoining mixed-use developments which have vehicle access and servicing provided from
Douglas Lane (a rear lane).
The proposal seeks to establish a contemporary mixed-use development comprising five one-bedroom
units for short term accommodation and 2 food and drink outlets fronting Duke Street. A total of 6 on-
site parking spaces (including a PWD space) are proposed, together with attractive landscaping provided
throughout the design. No commercial car spaces are proposed, but additional motorcycle and bicycle
spaces are proposed throughout the development.
The proposal provides boutique coastal visitor accommodation in combination with new at grade
commercial premises which will activate the street, enhance the streetscape and provide renewed
vigour to the Sunshine Beach tourist precinct.
The proposal presents as 3 storeys high and has been designed to reflect the medium to high density
intent of the Tourist Accommodation Zone code and results in a scale and height consistent with
adjoining premises. This ensures that the development delivers a cohesive rhythm to the established
streetscape in terms of built form, bulk and scale.
The commercial tenancies will incorporate shade awnings to provide year-round weather protection
and promote outdoor dining opportunities. In doing so, it positively activates the streetscape and public
realm. The accommodation units will be stepped back from the street generally in accordance with the
required setbacks and include balconies which will assist in providing causal surveillance opportunities
for the street.
The proposed built form provides an elegant and appealing modern subtropical aesthetic. The built form
incorporates simple geometric forms which are embellished with fine detail in response to the coastal
environment. Extensive landscape plantings will be provided through the development both at ground
and in raised planter boxes to soften the built form and complement the surrounding natural
environment.
The key built form elements of the proposal include:
Proposed mixed use development
Site area 482.35m2
Building height 12m
Gross Floor Area 387.5m2
Site cover 70.7%
Plot Ratio 0.8:1
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Access Vehicular access via Douglas Lane Car parks 6 (including of 1 PWD and 1 visitor space) Hours of Operation 7am -10pm Sunday to Thursday, and 7am to 12midnight Friday and Saturday. Table 1 – Key development parameters 1.7 REFERRAL AGENCIES There are no matters of State interest that require the application to be referred to any State referral agencies. 1.8 SUPPORTING SPECIALIST REPORTS AND DOCUMENTATION Report/Plan Prepared by Reference Town Planning Report JFP Urban Consultants M3024P Architectural Plans Blackburn Jackson Design 725-DA Landscape Plans Blackburn Jackson Design 7252-DALS Engineering Services Report JFP Urban Consultants M3024 (Rev B) Site-Based Stormwater JFP Urban Consultants M3024E_DA1_SWMP-Rev A Management Plan Traffic Assessment TTM Traffic Engineers 23BRT0004 RP01 Geo Technical Report Core Consulting Pty Ltd JOO 1873-001-R-Rev0 Table 2 – Specialist consultants PLANNING REPORT – Revision A May 2023 P a g e |9
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SITE IN CONTEXT
2.1 LAND USE AND AREA CLASSIFICATION
2.1.1 DEVELOPMENT SITE
The subject site is located at 36 & 38 Duke Street, Sunshine Beach, which is formally described as Lot
370 & 371 on RP48111.
The site comprises two small allotments with a combined area of 482.34m2. The two allotments are
currently improved with an existing 2 storey mixed use development combining a restaurant and office
at ground and 2 residences above. The existing buildings are proposed to be demolished to
accommodate the new development.
The site has two frontages, Duke Street being the commercial frontage and Douglas Lane being a one-
way rear lane. All access and servicing are currently provided via Douglas Lane. Duke Street is a low
order activity centre (Village centre) which services visitors and short term and permanent residents.
Figure 2: Site Aerial Photograph
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Figure 3: Site Photographs (Source: Google maps)
Duke Street frontage (Source: www.google.maps.com) Douglas Lane frontage (Source: www.google.maps.com)
2.1.2 SURROUNDING LOCALITY
The subject site is approximately 3km east of Noosa Heads (Hastings St) and 8km north of the Peregian
Beach (refer to Figure 4). As mentioned above, the Duke St precinct is limited to providing local
service needs and as such, is still dependent on the higher order activity centres in Noosa Civic and
Noosa Junction for primary goods and services.
More broadly the Sunshine Beach area is bounded by Noosa National Park to the north and west, the
ocean to the east, and the adjoining suburbs of Sunrise and Castaways Beaches to the south (refer to
Figure 4 above).
Figure 4: Site Locality
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2.1.3 SURROUNDING DEVELOPMENT
Sunshine Beach is in a coastal village setting, which is predominantly residential in nature. The
surrounding areas include a variety of residential uses including a mix of medium to high density
residential around the Duke St commercial node, with densities reducing to low rise, low density
residential throughout the balance of Sunshine Beach.
Duke Street is a commercial mixed-use precinct and is designated as a village centre under the
planning schemes centre hierarchy. The northern side of the Duke St precinct comprises commercial
premises at grade and medium rise (2-4 storey) short-term tourist accommodation above (refer to
Figure 5 below). The surrounding area includes several medium to high density residential buildings,
which are understood to include a mix of permanent and short-term holiday stay accommodation.
Figure 5: Zoning map
(Source: - www.noosa.qld.gov.au)
The area also includes Sunshine Beach Surf Club and adjoining Ed Webb Park, which also provides
direct access to the beach. A bus stop and public car park is located between the surf club and Duke
Street. The surrounding streetscapes and residential areas are also characterised by prominent
vegetated landscaping.
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2.2 SITE AND ENVIRONMENT DESCRIPTION
2.2.1 TOPOGRAPHY AND DRAINAGE PATTERNS
The site topography includes steady fall across the site, with the slope falling from the rear north west
corner to the south eastern corner of the site towards Duke Street. The fall across the site is
approximately 5m (refer to Figure 6 below).
Figure 6 – Site Contours – 1m intervals (Source: - www.noosa.qld.gov.au)
2.2.2 ECOLOGICAL MAPPING
The site is already developed and does not include any significant vegetation.
2.2.2.1 NATURE CONSERVATION ACT 1992
A protected plants flora survey trigger map search was undertaken with no high-risk areas identified.
2.2.3 LOCAL MAPPING
The site is mapped as being subject to landslide hazard. The site is mapped as having moderate (tan)
and high (orange) hazard as illustrated in Figure 7 below.
Figure 7 – Landslide hazard overlay (Source: - www.noosa.qld.gov.au)
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2.2.4 WATERWAYS, WETLANDS, FLOODING AND ACID SULFATE SOILS
Not applicable
2.2.5 SITE CONTAMINATION
Not applicable
2.2.6 HERITAGE
Not applicable
2.3 ACCESS AND MOBILITY
2.3.1 VEHICULAR ACCESS
The site has frontage to both Duke Street and Douglas Lane at the rear. The site currently does not
include any vehicular access or onsite parking. An informal onsite parking space is located at the rear of
the site and is accessed via Douglas Lane (refer to Figure 8 below).
2.3.2 PEDESTRIAN, CYCLE AND PUBLIC TRANSPORT
The site is serviced by 4.8m footpath, which is currently improved with 2.7m wide weather protection
awning across the site’s frontage. The Duke St frontage provides access for persons with limited
mobility. The site is accessible by bicycle and includes nearby bicycle parking, as part of the existing
street furniture. Public transport facilities are also available with a bus stop being available next to Ed
Webb Park, which is situated approximately 60m east of the subject site.
Figure 8: Existing Crossover
(Source: www.google.maps.com)
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2.4 INFRASTRUCTURE/LOCAL GOVERNMENT INFRASTRUCTURE PLAN
2.4.1 SERVICES
The premise is serviced by reticulated water and sewer, which are both located at the site’s Duke Street
frontage, as shown in Figure 9 below.
Figure 9: Water and Sewer Services (Source: Unitywater)
2.4.2 LOCAL GOVERNMENT INFRASTRUCTURE PLAN
The site is located within the Priority Infrastructure Area (PIA) on Council’s LGIP mapping. Council’s
infrastructure mapping indicates that the site adjoins an existing trunk pathway (pink) and existing trunk
road – Collector (Green) along the Duke Street frontage, refer to Figure 10 below.
Figure 10: LGIP-Transport trunk infrastructure
Should the application be approved, development contributions will apply in accordance with Council’s
infrastructure charges resolution being the Noosa Shire Council charge resolution (No.7) 2022.
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SITE HISTORY
3.1 PRELODGEMENT MEETING
On 8 September 2022, a prelodgement meeting was undertaken with Council officers. The original
proposal involved a mixed-use development involving a proposal for 5 short term accommodation units
and 1 food and drink outlet on the ground floor. The proposal included a larger commercial tenancy
and only included 5 onsite carparking spaces, compared to the current proposal.
Council prelodgement notes indicated that any application would be code assessable, with a
recommendation to be made by Council officers and decision to be determined by Council.
Council’s prelodgement notes recommended compliance was required against the following matters:
▪ Building height – 12m or 3 storeys
▪ Site cover – 45% where a mixed-use development
▪ Plot ratio – 0.8:1 permitted
▪ Setbacks – proposal complies except for rear setback of the 3rd storey
▪ Privacy – overlooking needs to be mitigated
▪ Hours of Operation – are consistent with the code
▪ Carparking – a contribution in lieu of car parking needed to offset the short fall in required car
parking numbers.
▪ Building design – recommended to suit the subtropical climate and incorporates a mix of
lightweight and textured materials (including timber finishes with variation in texture, detailing
and articulation)
▪ Carparking – Car park needs to be functional to facilitate vehicles entering and exiting in a
forward direction.
▪ Stormwater – must be directed to Council’s stormwater system without impacting adjoining
premises.
▪ Landslide – the development will need to include a site-specific geotechnical report addressing
the stability of the site.
▪ Contributions in lieu of parking – improved compliance would facilitate the use of the policy.
The applicant has taken this feedback into consideration as part of the revised proposal.
Discussions with Council’s executive management (i.e. CEO) have lead to further refinements to the
design to ensure that the proposal is as compliant as possible with the planning scheme’s
requirements. However, it is noted that strict compliance with all the relevant assessment
benchmarks is not practical or economically feasible due to the site’s constrained area and sloping
land and taking into account the overall outcomes of the Tourist Accommodation Zone code.
Following these design amendments, a briefing of the proposal was presented to the local Councillors
for their consideration and review.
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3.2 LAND USE HISTORY
The existing two storey development was established in the 1960’s. The ground floor consists of two
small commercial tenancies, which are currently being used as a restaurant and office. The upper level
of the premise was established as two residential units. No on-site car parking is provided for the existing
development. A small informal (non-compliant) car parking area is provided at the rear of the site. On
street parking is provided along the Duke St frontage of the site.
The existing premises is illustrated in Figure 11 below. The existing development has the following
development parameters:
▪ Site cover – 41%
▪ Plot ratio – 0.79:1
▪ Total GFA – 384m2
▪ Building height – 6.8m
▪ Carparking – Nil
Figure 11- The existing premise in the context of the adjoining development
Notably, the existing development reflects the allowable site cover and plot ratio provisions provided in
the planning scheme. These finer grain elements are considered contradictory with the scale of
adjoining development and the medium to high residential density intent sought by the Tourist
Accommodation Zone code.
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THE DEVELOPMENT PROPOSAL
4.1 USE DEFINITIONS
The proposal is for a mixed-use development seeking a development permit for material change of use
of premises for 5 (1 bed) short term accommodation units and 2 Food and drink outlets. These uses are
defined under the Noosa Plan 2020, and reproduced below:
Short-term accommodation—
a) means the use of premises for
1. providing accommodation of less than three (3) consecutive months to tourists or travellers; or
2. a manager’s residence, office, or recreation facilities for the exclusive use of guests, if the use
is ancillary to the use in subparagraph (i); but
b) does not include a hotel, nature-based tourism, resort complex or tourist park
Food and drink outlet means the use of premises for—
a) preparing and selling food and drink for consumption on or off the premises; or
b) providing liquor for consumption on the premises, if the use is ancillary to the use in paragraph (a).
4.2 PROPOSAL DETAILS
This application seeks a development permit for a material change of use of premises for 5 x 1-bedroom
Short term accommodation units and 2 x Food and drink outlets to be established in accordance with
the accompanying proposal plans prepared by Blackburn Jackson Design (refer to Appendix A).
The proposal involves redeveloping the subject site by demolishing the existing 2 storey mixed use
development. The proposal involves a contemporary 3 storey mixed use development which seeks to
activate the streetscape and assist in creating an attractive tourist destination in Sunshine Beach.
The key development parameters sought by the proposal are provided in Table 3 below:
Key Development Proposal details Planning Scheme Comment
Parameters Provisions
Site area 482.34m2
Site cover 70.7% or 343.5m2 45% or 219m2 Non-compliant
Plot Ratio 0.8/1 0.8:1 or 389m2 Complies
Building height 12m 12m Complies
Building setbacks Front 0m Front 0m Non-compliant
Front 2nd 2m Front 2nd 2m The rear 3rd storey has a setback
Front 2/3rd 6m Front 2/3rd 6m of 7m as opposed to 10m from
Front 3/4th 6m Front 3/4th 6m the rear boundary.
Side Grd & 2nd 0m Side Grd & 2nd 0m
Side 2/3rd 1m Side 2/3rd 1m
Side 3/4th 1m Side 3/4th 1m
Rear Gr & 2nd 7m Rear Gr & 2nd 6m
Rear 3rd 7m Rear 3rd 10m
Carparking 5 small units = 5 STA (Small 1 Non-compliant
5 x 0.25 visitors =1.25 dwgs) covered 6 space provided resulting in a
50m2/20= 2.5 Visitors 0.25 short fall of 3 spaces. Proposed
Total = 9 F&D 1/20m2 to provide a monetary
contribution in accordance with
Council’s contribution in lieu of
parking policy
Landscaping Deep 11.2% or 54.3m2 10% or 48m2 Complies
Total 41.5% or 200.1m2 Rear 2m strip
Private open space Min balcony area = 16.5m2 6m2, min 2m dimension Complies
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No AC permitted
Table 3 – Key development criteria
Notably the development is generally compliant with the scheme requirements except for site cover,
the 3rd floor rear setback and car parking. A more detailed assessment of these matters is provided
below.
4.3 BUILT FORM
The proposal involves a contemporary mixed-use development comprising 5 (1 bed) short term
accommodation units and 2 food and drink tenancies at street level. The commercial premises are
proposed to be built to the street frontage and the built form steps back gradually in accordance with
the required street setbacks for each storey above ground level. Stepping the building back in this
manner also enables the development to remain under the maximum building height of 12m.
The building comprises 3 storeys with a maximum building height of 12m, however may appear as 4
storeys when viewed from some locations in Duke Street. Refer Figure 12 below.
Figure 12 – Building section
The building complies with the required 12m building height which is an acceptable outcome (AO9.1) of
the Tourist accommodation code. Acceptable outcomes AO9.1 is extracted below –
AO9.1
Buildings and other structures have a building height of no more than:
1. Noosa Heads– 12 metres with the exception of:
1. Lots 10 and 11 SP195871, Serenity Close where building height is no more than 15 metres;
and
2. Lot 3 SP126203, Lot 203 SP267424, and any lot on SP203415 or SP203417, 94 - 142 Noosa
Drive; and Lot 2 on RP865533, 2 Halse Lane where building height is no more than 8 metres;
and
3. the northern side of Hastings Street:
1. within 7 metres of the Hastings St alignment – building height is no more than
6 metres;
2. balance area of the site – building height is no more than 15 metres with a 12
metres presentation to the beach; and
4. the southern side of Hastings Street:
1. within 10 metres of the Hastings St or Noosa Drive alignments – building
height of no more than 6 metres;
2. balance area of the site – building height of no more than 15 metres; or
2. Noosaville and Sunshine Beach – building height of no more than 12 metres; or
3. Noosa North Shore, Peregian Beach, Boreen Point and Tewantin– building height of no more than 8 metres.
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Compliance with the building height has been demonstrated in the Roof plan and Height Plane
Projection included in the proposal plans (refer to Appendix A).
In regard to the maximum storeys, the proposal complies with the relevant performance outcome PO9
which states ‘a maximum building height of 3 storeys’. Performance Outcome PO9 is extracted below –
PO9
Buildings and other structures:
1. are low rise and present a building height consistent with structures on adjoining and surrounding premises;
2. do not visually dominate the street or surrounding areas;
3. preserve the amenity of surrounding premises including privacy, views and access to sunlight;
4. respect the scale of any nearby vegetation, retaining a vegetated skyline;
5. respond to the topography of the site;
6. have a maximum building height of:
1. Noosaville– three storeys and appear no more than three storeys from any elevation; or
2. Coastal Communities –
1. Sunshine Beach– three storeys ;
2. Peregian Beach- two storeys; or
3. Noosa Heads—three storeys with the exception of:
1. Lots 10 and 11 SP195871, Serenity Close where a maximum height of four
storeys is permitted;
2. Lot 3 SP126203, Lot 203 SP267424, and all lots on SP203415 or SP203417,
94 - 142 Noosa Drive; and Lot 2 on RP865533, 2 Halse Lane where a
maximum height of two storeys is permitted;
3. the northern side of Hastings Street within 7 metres of the Hastings St
alignment – two storeys; and balance area of site four storeys excluding where
fronting the beach where buildings have a three storey presentation to the
beach; or
4. the southern side of Hastings Street within 10 metres of the Hastings St or
Noosa Drive alignments – two storeys; and balance area of the site – four
storeys; or
4. Noosa North Shore, Boreen Point and Tewantin – two storeys.
The above assessment benchmarks for the site do not require that the building should also “appear as
3 storeys”. This is distinctly different to the equivalent requirements for Noosaville (Tourist
accommodation zone code), which specifically requires:
‘have a maximum building height of:
i. Noosaville– three storeys and appear no more than three storeys from any elevation’.
In any event, because of the proposal’s compliance with the AO9.1 (maximum building height of 12m),
there is no need to comply with the only corresponding performance outcome. This is made clear in Part
5 of the Noosa Plan 2020, section 5.3.3 (4)(3) which states that where the development ‘complies with
the performance or acceptable outcomes, it complies with the purpose and overall outcomes of the
code’.
In terms of the building setbacks, the proposal generally complies with the acceptable outcomes
outlined in the Tourist Accommodation Zone code, which allows zero setback for the front and side
boundaries on the ground floor and the second storey for the side setbacks. The proposal generally
complies with the required acceptable outcomes for setbacks except for the 3rd level, which is 7m
instead of 10m. This minor non-compliance is demonstrated in Figure 13 below.
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Figure 13 – Setback comparison
As a result of the minor non-compliance with A13.1, the proposal needs to be assessed against the
corresponding performance outcome (PO13) which is extracted below –
PO13
Buildings and other structures are designed and sited to:
1. provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual
and acoustic privacy;
2. not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining
premises;
3. provide adequate distance from adjoining land uses;
4. preserve existing vegetation that will help buffer development;
5. allow for space and landscaping to be provided between buildings including adequate area at ground level for
landscaping with trees, shrubs, outdoor living and utilities;
6. be consistent with the predominant character of the surrounding area, maintaining the visual continuity and
pattern of buildings and landscape elements within the street; and
7. protect the natural character and avoid adverse impacts on ecologically important areas such as the beach,
Noosa River, national parks and other parklands.
The proposal complies with the PO13 as it :
▪ provides a high level of residential amenity for users and adjoining premises,
▪ does not unreasonably obstruct views or create overlooking of adjoining premises,
▪ provides adequate separation from adjoining premises,
▪ incorporates substantial landscaping and
▪ is of a scale which is consistent with the existing character of the locality.
This is further demonstrated through the perspectives in Appendix B and northern street elevation
below (refer to Figure 14), which illustrates the separation between the building and the consistency
with the existing character of adjoining premises.
Figure 14 – View from behind the development
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4.4 BUILDING SCALE AND BULK
PO10 of the Tourist accommodation zone code relates to bulk and scale, which is extracted below –
PO10
Development:
1. is of a scale compatible with surrounding development and the particular circumstances of the site; and
2. does not present an appearance of bulk to adjacent properties, roads or other areas in the vicinity of the site.
We contend that the proposal achieves compliance with PO10 on the following grounds:
▪ complies with the allowable building height
▪ complies with the required setback provisions
▪ built form outcomes are consistent with the zone intent i.e. mixed use development
incorporating medium to high density short-term accommodation
▪ scale is highly consistent with the adjoining development
▪ provides suitable separation and gaps between buildings
▪ generous landscaping is provided to soften the built form
Notwithstanding the above, the proposal does not comply with PO11 which stipulates a maximum site
cover 45%. The proposal seeks a site cover of 70.7%. This non-compliance is largely a result of the small
sloping nature of the site and the need to incorporate the commercial premises at ground level with
zero front and side setbacks to activate the street, provide visual interest and facilitate outdoor dining
experiences. For context, site cover is defined below:
Site cover
Site cover of development, means the portion of the site, expressed as a percentage, that will be covered
by a building or structure, measured to its outermost projection, after the development is carried out,
other than a building or structure, or part of a building or structure, that is—
a) in a landscaped or open space area, including, for example a gazebo or shade structure or;
b) a basement that is completely below ground level and used for car parking; or
c) the eaves of a building; or
d) a sun shade.
Site cover is typically a means to control the built form in terms of massing and scale. However, in this
instance we contend that the site cover provision is incongruous with the site’s context, function and
the pattern of existing development. This is illustrated by the existing development on the site, which
is characterised by a two-storey mixed used development which has an existing site cover of circa 42%,
as shown in Figure 15 below. This building was not required to provide setbacks to the uppers level and
does not currently include any car parking. Any covered carparking provided to the existing premises
would result in exceedance of the allowable site cover.
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Figure 15 – Existing site cover of 42%
The problematic nature of the existing site cover provisions in the Tourist accommodation zone was
raised in previous submissions on the then draft Noosa Plan. Below is the summary of matters raised in
the submissions, extracted from Council’s Consultation Report which reviewed the submissions:
Site cover -Where sites are identified as having active street frontage requirements, they need to be afforded
additional site cover. A future development would lose approximately 12% of its allowable site cover to awnings and
active frontage requirements. This is considered to be an unreasonable expectation and would not encourage viable
development opportunities. Developments in active frontage areas need to be afforded a minimum site cover of 60%
at the ground level, with 40% only applying to above ground level, in order to encourage vibrant active frontages while
still providing development opportunities for a multi-storey building. (p69 Submitter)
To further highlight this, Blackburne Jackson architects have prepared a section of the proposed
development demonstrating a compliant site cover outcome in comparison to the proposal (refer to
Figure 16 below).
Figure 16 – Site Cover comparison
Figure 16 illustrates that the requirement to activate the streetscape with zero front setbacks, but with
staggered setbacks for upper levels, makes it very difficult to achieve a viable developable footprint that
provides comfortable or viable accommodation units.
Further to the above, a site analysis was undertaken to illustrate how the proposed development
compares with adjoining development (refer to Table 4 below).
Noosa Plan 36-38 Duke 28-34 Duke St 40 Duke St 36-38 Duke St
2020 St (existing) (proposed)
Site area 485m2 1,066m2 491m2 485.33m2
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Site cover 45% 41% 74.6% 92.4% 70.7%
Plot ratio 0.8/1.0 0.79/1.0 0.86/1.0 0.802/1.0 0.8/1.0
Commercial 174m2 268m2 224.2m2 107m2
GFA
Total GFA 384m2 923m2 393.9m2 387.5m2
Table 4 – Comparison table of adjoining premises
Clearly, the proposal incorporates a site cover which is considerably less than the adjoining premises or
other development within Duke Street, albeit that these developments were approved under a separate
planning scheme.
The architectural plans include an analysis of the overall site cover as well as site cover calculation for
each storey. The plans show that the residential levels above the food and drink tenancies generally
comply with the allowable site cover when excluding any raised planters, swimming pools and
sunshades. In this regard we refer you to Appendix A, which includes a site analysis of site cover (Refer
to Dwg no. 7252-DA09).
Since the proposal does not comply with the PO in relation to site cover, the application seeks a
performance-based solution as the proposal is unable to comply with the ‘quantitative’ performance
outcome in PO11. It is considered that the proposed development does demonstrates compliance with
the higher order purpose and overall outcomes of the Tourist accommodation zone code by
incorporating the following key aspects of the code:
▪ provides medium to high density visitor accommodation in the form of self-contained holiday
units
▪ provides food and drink outlets which are of nature and scale compatible with the mixed-use
character of the area and coastal amenity
▪ seeks to create a vibrant atmosphere and complement and enhance the function and
attractiveness of the area as a tourist destination
▪ contributes the local economy through tourism and hospitality sectors
▪ incorporates a high standard of urban design and landscape design
▪ incorporates a high level of residential amenity and ensures there is no unreasonable loss of
amenity to surrounding premises
▪ designed to respond to the subtropical climate of Noosa Shire
4.5 PLOT RATIO
The Tourist Accommodation Zone code requires that the development has a maximum plot ratio of
0.8:1. As demonstrated in the proposal plans (refer to Appendix B), the development is considered to
comply with the required plot ratio, which for ease of reference is defined below:
Plot ratio
Plot ratio means the ratio of the gross floor area of a building on a site to the area of the site.
(Emphasis added)
Whilst the proposal is considered to comply with the plot ratio, Council officers raised concerns at the
prelodgement that some of the areas on the ground floor appeared to constitute additional GFA and
hence should be included in the plot ratio calculations. These areas of concern related to the shared
public bathrooms and public lobby which also provides access to stairwell/ lift and up stair units.
It is argued that the public bathroom is not considered GFA, which is defined as follows:
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Gross floor area
Gross floor area for a building, means the total floor area of all storeys of the building, measured from the outside of
the external walls and the centre of any common walls of the building, other than areas used for—
a) building services, plant or equipment; or
b) access between levels; or
c) a ground floor public lobby; or
d) a mall; or
e) parking, loading or manoeuvring vehicles; or
f) unenclosed private balconies, whether roofed or not.
(Emphasis added)
An extract of the Storey definition is also provided for context:
storey—
means a space within a building between 2 floor levels, or a floor level and a ceiling or roof, other than—
i. a space containing only a lift shaft, stairway or meter room; or
ii. a space containing only a bathroom, shower room, laundry, toilet or other sanitary compartment; or
iii. a space containing only a combination of the things stated in subparagraphs (i) or (ii); or
iv. a basement with a ceiling that is not more than 1m above ground level; and
includes—
i. a mezzanine; and
ii. a roofed structure that is on, or part of, a rooftop, if the structure does not only accommodate building plant
and equipment.
The GFA definition is reliant on the ‘total floor area of all storeys”. Accordingly, the GFA definition is
reliant on the storey definition, which clearly excludes item ii or ‘a space containing only a bathroom, ….
toilet or other sanitary compartment;’
The following plan (Figure 17) of the ground floor, clearly illustrates that the public bathroom, is a space
only containing a bathroom/ sanitary facilities accessible to the public. It is disputed that the definition
is referring to a space in isolation with no other uses on that level/ storey, as this would not be practical.
Figure 17 – Space containing bathroom amenities
The prelodgement also raised concerns about the corridor/ hallway which provides access to the lift and
stair wells. The corridor to the lifts is a ground floor public lobby which will provide public access to the
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lift and stair well, including persons with limited mobility. It is considered that this ground floor public
lobby is excluded from the GFA calculations as per item (c) of the GFA definition. The lobby is also
primarily used to provide access between levels of the buildings as described by item (b) of the
definition.
4.6 LANDSCAPING
The proposed landscape treatments for the proposed development are included the landscape plans
package prepared by Blackburn Jackson Design. Landscape treatments are provided throughout the
proposed development to soften the built form, enhance the building aesthetic and to complement the
existing streetscape. (refer to Figure 1 above).
The Visitor Accommodation code requires that the development incorporates a minimum 10% of the
site as landscaping including a 2m strip to the rear of the site. The proposal seeks to provides total of
11% of the site as deep landscaping and total of the 200m2 (or 41% of the site) dedicated to landscaping
throughout the development.
4.7 CAR PARKING
The mixed uses proposal involves two uses on the site, namely short-term accommodation units and
food and drink outlets. The proposal does not strictly comply with the planning scheme’s car parking
requirements which are outlined below:
Land use Noosa Plan Quantity Requirement Proposed
requirements
Short term 1 space per unit 5 units (1 bds) 5 6 spaces
accommodation 0.25 visitor per unit 1.25 (2)
Food and drink 1/20m2 excludes 50m2 2.5 (3)
outlet kitchen and
storage
Total 10 spaces 6 spaces
(rounded)
Table 5 – Car parking supply requirements
The proposal results in short fall of 4 car spaces, in terms of the planning scheme’s car parking
requirements. In addressing the car parking supply, the applicant has engaged TTM traffic engineers to
undertake a Traffic report (refer to Appendix D), which reviews the proposal’s traffic requirements
against Noosa Plan.
The report notes that the development seeks to accommodate 6 on-site car spaces, including one space
for each unit (inclusive of a PDW space) and one visitor space. The development also provides 2
motorcycles and 8 bicycle spaces. Acknowledging the development is below the required car parking
spaces sought by Noosa Plan, the applicant seeks to implement Council’s Contribution In Lieu of Parking
Policy (refer to Appendix F), which is specifically applicable to the Duke St locality. Also refer to Section
4.10 of this report below.
The TTM traffic assessment report concludes that, compared to the current existing lawful use of the
premises and the lack of any existing onsite parking, the proposal will result in a net reduction in offsite
parking demand. The report also indicates that while motorcycle parking provision is less than the
minimum requirement, the proposed allocation is considered sufficient to meet the needs of the
proposed development. Bicycle parking is proposed and exceeds Council’s minimum requirements.
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The report also demonstrates that all onsite parking layouts and manoeuvring areas are compliant with
AS2890, which the exception of a non-standard end of aisle treatment. The proposal has ensured that
all vehicles including the B99 vehicle can be accommodated onsite and leave in a forward direction.
The report indicates on-site servicing will continue to be undertaken via Douglas Lane and the low-speed
environment of this lane is unlikely to result in any adverse traffic impacts because of the development.
4.8 MONETARY CONTRIBUTION IN LIEU OF PARKING
The proposal seeks to make a monetary contribution in lieu of providing car parking spaces on the site
in accordance with Council’s Contributions in lieu of parking policy. The policy has been prepared to
acknowledge that while the Noosa Plan requires onsite parking, certain circumstances may warrant the
use of a contribution as an alternative to providing on-site car parking. In the event Council is agreeable
to accept the proposed contribution in accordance with the policy, it is understood that the applicant
will be required to enter into an Infrastructure Agreement to be endorsed by Council.
It is noted that this Council’s policy is separate to the planning assessment process under the Noosa Plan
and the Planning Act 2016. It is also understood that the application of the policy is at the discretion of
Council.
Below is our response to the Policy criteria for accepting contributions in lieu:
1. The premises are significantly constrained in terms of having restricted access, a small site area
with limited onsite manoeuvrability, located near a road intersection or otherwise encumbered
and unable to be readily amalgamated with adjoining land.
Comment:
Complies. The site is substantially constrained in terms of access being limited to the rear of the
site, having a small area of 485m2 and a slope of circa 15%. It is unable to be amalgamated with
adjoining land as they are already developed. The sloping nature of the site restricts onsite
parking to be provided a grade or at the basement level and the narrow 15m lot width further
limits on-site manoeuvrability.
2. It is not practical or desirable from a town planning perspective to provide the required amount
of car parking onsite due to the nature and type of development adjoining the land.
Comment:
Complies. The adjoining land is developed for mixed use development. The existing
development reinforces the narrow and sloping nature of the site making it difficult to provide
onsite parking.
3. It is in the community’s interest to provide for alternative car parking arrangements because of
traffic and or pedestrian safety concerns that might be caused by the development.
Comment:
Not applicable. As the development will not raise traffic or pedestrian safety concerns.
4. The provision of onsite car parking and access is not practical or desirable from a character
perspective, being within a central area and where additional footpath crossovers would
adversely impact upon the streetscape or result in the loss of significant roadside vegetation.
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Comment:
Complies. Access to Duke St is not permitted due to the existing streetscape character and any
additional footpath crossovers would impact the activation and safety of the street. Vehicular
access is available via Douglas Lane, although the parking is restricted due to the narrow and
sloping site.
5. The locality would benefit more from improved public transport, pedestrian or cycle facilities
compared to the provision of additional car parking onsite; and
Comment:
Complies. The site effectively forms part of a pedestrian friendly mixed use village activity centre
located near retail, dining, employment and beachside recreational opportunities. As such, the
site would benefit more from improved public transport and active transport facilities than on-
site carparking.
6. The development complies with the Noosa Plan or the Council has determined that there are
reasons why the development should be approved despite any conflict with the assessment
benchmarks, in accordance with section 63(5)(e) of the Planning Act 2016.
Comment:
The proposed development generally complies with the assessment benchmarks in the Noosa
Plan 2020, including building height, front and side setbacks, plot ratio, landscaping and the
higher order planning intent for the zone. In terms of site cover, the proposal is consistent with
the site cover provided on adjoining premises and is consistent with the planning intent for the
zone. The proposed development will positively impact the amenity of the Duke St as an
attractive and vibrant tourist destination.
7. The policy applies to those areas shown in Maps 1-10 in Appendix 2 to the policy.
Comment:
Complies. The policy applies to the Duke St precinct as shown in Map 9 of the Appendix 2 –
Central areas maps (refer to Figure 18 below).
Figure 18 – Extract from the contributions in lieu of parking policy – Map 9
In addition to the above, the site is currently occupied by a mixed development with restaurant and
office at ground and two residential units above. No formal onsite parking is provided. The Traffic
engineering report prepared by TTM (refer to Appendix D), highlights that in comparison to the existing
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development, the proposed development will provide a net reduction in demand for off-site parking and will not adversely impact the surrounding road network. 4.9 GEOTECHNICAL The proposed development will involve earthworks on a sloping site which is mapped as being in landslide hazard area in the Noosa Plan overlay mapping. A geotechnical report (refer Appendix E) has been prepared by Core Consulting that assesses the stability of the site and includes recommendations for the construction of the proposed development and protection of the adjoining development. The recommendations include construction techniques throughout the preparation and construction phase of the development, with the earthworks to be supervised by a geotechnical engineer. The report also provides recommendations for footings and drainage works. Subject to the implementation of the recommendations of the report, the site is considered to be very low to low risk of instability. 4.10 INFRASTRUCTURE SERVICES The subject site is currently connected to all essential urban infrastructure. Stormwater will be collected and held to predevelopment levels via an internal detention tank before being released to the legal point of discharge at the existing kerb channel in Duke St, as per the Stormwater management plan included in Appendix C of this report. All internal water, sewer, telecommunication and electrical connection will be finalised during the detail design stage of the development. PLANNING REPORT – Revision A May 2023 P a g e | 29
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STATUTORY PROVISIONS AND COMPLIANCE
5.1 STATE INTEREST
5.1.1 SEQRP
The subject site is located within the Urban Footprint of the SEQ Regional Plan. The proposed urban
residential development is consistent with the overall outcomes and intent anticipated for development
within the Urban footprint.
5.1.2 ADOPTED INFRASTRUCTURE CHARGES
The infrastructure charges applicable to the development will be issued in accordance with the Noosa
Shire Council Charges Resolution (No.7) 2022 adopted 18 August 2022. An infrastructure charges notice
is anticipated to be issued with any development approval issued over the site.
5.1.3 REFERRAL AGENCIES AND STATE DEVELOPMENT ASSESSMENT PROVISIONS
The subject application does not require referral to any State government referral agencies.
5.1.4 STATE PLANNING POLICY
State Interest Comment
Liveable Communities A review of the existing infrastructure has determined that a new
hydrant and upgrades are likely required to service the development.
Water Quality Not applicable as the allotment is less than 2,500m2.
Natural Hazards, Risk & The subject site is identified as being affected by Flood hazard area -
Resilience Local Government flood mapping area* Notwithstanding this, the site
is not affected by Council’s flood hazard overlay map.
Strategic Airports & Not applicable
Aviation Facilities
Biodiversity Not applicable
Coastal hazard Not applicable
Part 2 of the Planning scheme advises that the Planning Minister is satisfied that the State Planning Policy
(SPP) dated July 2017 is appropriately integrated in the Noosa Council’s planning scheme except for
Natural hazards, risks and resilience – coastal hazards – in part.
5.1.5 PLANNING ACT AND REGULATIONS 2017
This application has been prepared in accordance with the requirements of the Planning Act 2016 (the
Act), the Planning Regulation 2017 (the Regulation), and the Development Assessment Rules (DA Rules).
Section 45 of the Planning Act 2016 outlines the requirements for assessing a code assessable
application. It states:
45 Categories of assessment
(3) A code assessment is an assessment that must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development; and
(b) having regard to any matters prescribed by regulation for this paragraph.
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Section 43 of the Planning Act 2016 outlines the matters to be included in a categorising instrument
(such as a planning scheme) and the matters that are not considered to be an assessment benchmark.
It provides:
43 Categorising instruments
(1) A categorising instrument is a regulation or local categorising instrument that does any or all
of the following—
(a) categorises development as prohibited, assessable or accepted development;
(b) specifies the categories of assessment required for different types of assessable
development;
(c) sets out the matters (the assessment benchmarks) that an assessment manager must
assess assessable development against.
(2) An assessment benchmark does not include—
(a) a matter of a person’s opinion; or
(b) a person’s circumstances, financial or otherwise; or
(c) for code assessment—a strategic outcome under section 16(1)(a); or
(d) a matter prescribed by regulation.
Examples of assessment benchmarks—
a code, a standard, or an expression of the intent for a zone or precinct
Following on, section 60 of the Planning Act 2016 outlines the criteria for deciding a development
application, which states:
60 Deciding development applications
(1) This section applies to a properly made application, other than a part of a development
application that is a variation request.
(2) To the extent the application involves development that requires code assessment, and
subject to section 62, the assessment manager, after carrying out the assessment—
(a) must decide to approve the application to the extent the development complies with
all of the assessment benchmarks for the development; and
(b) may decide to approve the application even if the development does not comply with
some of the assessment benchmarks; and
(c) may impose development conditions on an approval; and
(d) may, to the extent the development does not comply with some or all the assessment
benchmarks, decide to refuse the application only if compliance can not be achieved by
imposing development conditions.
The application is required to be assessed against the relevant assessment benchmarks (Codes) as
outlined in Part 5 of the Noosa Plan, which are addressed in section 1.5 of this report.
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5.2 COUNCIL INTERESTS & PLANNING SCHEME
5.2.1 ZONING
The subject premise is zoned as Tourist Accommodation under the Noosa Plan.
The purpose of the zone is to provide:
i. for short term accommodation and
ii. community uses, small-scaled services, facilities and infrastructure to support short-term
accommodation and tourist attractions.
The overall outcomes sought by the Tourist accommodation zone are as follows:
a) Development provides for a mix of medium to high density visitor accommodation in the form of
resorts, hotels and short-term accommodation such as hostels and self-contained holiday units.
b) Visitor accommodation in the urban areas is supported by a mix of business activities which
create a vibrant atmosphere and complement and enhance the function and attractiveness of
the area as a visitor destination. Cafes, restaurants, entertainment, function facilities and
complementary shopping and personal services cater to the needs of visitors as well as Noosa
Shire residents enjoying these areas.
c) Business activities are ancillary to visitor accommodation and should be of a nature and scale
compatible with the mixed-use character and coastal amenity of the area and not compromise
the viability of the Noosa Shire centres hierarchy by introducing activities at a scale that should
be accommodated within a centre. No business uses are appropriate on 215 David Low Way,
Peregian Beach.
d) Development contributes to the economy of the Shire through the tourism and hospitality sectors
and integrates with nearby public recreation and open space, promoting low impact nature and
water-based recreation activities.
e) In urban areas development incorporates a high standard of urban and landscape design that
creates attractive, functional buildings and places with active or landscaped streetscapes whilst
maintaining a human scale at street level.
f) For the Noosa North Shore, development is low impact, low density and of a domestic scale
within densely landscaped settings reflecting the seclusion and values of Noosa North Shore.
Buildings are designed to be in character with the natural bushland setting of the locality with
lightweight materials or colours that blend with the environment. Any business activities
established in the zone servicing tourists have low environmental impacts and are related to
recreational experiences offered in the locality such as nature-based tourism.
g) Development incorporates a high level of residential amenity and safety and ensures that there
is no unreasonable loss of amenity to surrounding premises.
h) The design of development ensures car parking does not visually dominate street frontages and
promotes and facilitates safe and accessible walking, cycling and public transport use where
relevant.
i) Development enhances the experience of the specific features and values that attract tourists to
the locality including the Noosa River, beaches and national parks.
j) Land adjacent to or in close proximity to Gympie Terrace, Noosaville offers ready access to the
recreation opportunities of the Noosa River and vistas across the waterway.
k) Native vegetation between buildings and in the public realm enhances the amenity and supports
local wildlife.
l) Development is supported by appropriate infrastructure and essential services and does not
adversely impact on the continued operation, viability and maintenance of existing infrastructure
or compromise future provision of planned infrastructure.
m) Development sensitively responds to land constraints including topography, bushfire, flooding
and storm surge where applicable.
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n) Development is designed to respond to the sub-tropical climate of Noosa Shire and maximise
energy efficiency and water conservation and be resilient to future impacts of climate change.
The proposed development is strongly aligned with the above purpose and intent of the zone code. In
emphasising this compliance, bold-type has been applied to those aspects of the overall outcomes which
the proposed development achieves. A full assessment against the assessment benchmarks has been
undertaken and is included in Appendix G of this report. The code assessment has determined that the
proposal generally complies with the acceptable outcomes, performance outcomes or purposes and
overall outcomes of the codes.
5.2.2 LOCAL PLAN
The subject site is in the Coastal Communities local plan area. The purpose of the Coastal Communities
local plan is to provide locally relevant provisions for the assessment of development with the local plan
area. The relevant overall outcomes of the Coastal Communities Local plan include:
▪ development within each community is consistent with the defined identity of that
community.
▪ development is subservient to the natural landscape, sits lightly within the landscape,
sensitively responds to the topography of the area and provides densely landscaped settings.
▪ activity centres of Sunshine Beach Sunrise, Beach and Peregian Beach meets the convenience
needs of residents and visitors within the local community.
▪ development facilitates safe and convenient pedestrian and cycle connection between and
around key destinations within the local plan area.
▪ tourist accommodation maintains a diversity and choice of visitor accommodation in the local
plan area.
▪ Development in Sunshine Beach –
a) provides housing, multi-unit accommodation and small-scale retail, commercial and
dining uses in a secluded vegetated, beachside setting.
b) has a comparatively high proportion of multi-unit accommodation for both visitors
and residents.
c) for visitor accommodation, is managed appropriately so as not to reduce the amenity
of the surrounding permanent residents and to retain and adequate supply of
permanent housing in the local plan area.
d) in the Tourist accommodation zone provides well-designed entertainment and dining
activities which may operate after hours and include controlled live acoustic and
amplified music and entertainment, to create a vibrant atmosphere.
e) adjacent to beach areas does not visually compromise the setting of the public beach,
nor adversely affect views for the beach.
The proposal is consistent with the purpose and overall outcomes of the Coastal Communities local plan
code. A full assessment against the relevant assessment benchmarks is provided with Appendix G. The
assessment has determined that the development complies with all the relevant performance outcomes
sought by the code.
5.2.3 APPLICABLE PLANNING SCHEME CODES
Visitor Accommodation Code
The proposed mixed-use development is required to be assessed against the provisions of the Visitor
accommodation code.
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The purpose of the Visitor accommodation code is to ensure visitor accommodation is appropriately
located, designed and operated in a manner which meets visitor need, protects and enhances landscape
values, protects the amenity and avoids conflicts with surrounding premises.
The overall outcome sought by the Visitor accommodation code include:
a) Visitor accommodation is compatible with and benefits from Noosa Shire’s natural
environmental values.
b) Visitor accommodation offers a wide range of experiences for guests both in coastal areas and
in the hinterland.
c) Visitor accommodation is located and designed in a manner which sensitively responds to site
characteristics.
d) Visitor accommodation does not detrimentally impact upon the biodiversity and natural
landscape values of its setting.
e) The density and design of visitor accommodation integrates with the urban or landscape fabric
of its particular locality.
f) Visitor accommodation located near permanent residents does not detract from the amenity
enjoyed by residents.
g) Visitor accommodation does not impact on the ability of rural landowners to carry out
agricultural pursuits.
h) Visitor accommodation provides high quality amenities and facilities commensurate with its
setting, the types of accommodation supplied and the length of stay accommodated.
i) Visitor accommodation forms a key element of the local tourism industry.
j) Visitor accommodation provides for a wide range of visitors
The proposed development is consistent with the overall outcomes sought by the Visitor
accommodation code. A full assessment of the proposal against the visitor accommodation zone code
is provided in Appendix G.
Business Uses Code
The proposal is required to be assessed against the provisions of the Business use code.
The purpose of the Business uses code is to ensure that business activities are developed in the
context of the character of the area, consistent with the centres hierarchy, contribute to the local
economy, and avoid adverse impacts on adjoining residential areas.
The overall outcomes sought by the Business uses code are:
a) Business activities are consistent with and reinforce the Noosa Shire Centres Hierarchy.
b) Business activities are designed and sited in a manner that responds to the zone and
locality in which they are located, streetscape characteristics and surrounding land uses.
c) Business activities contribute to the economic vibrancy of the centre in which they are
located.
d) Business uses are of a type, scale and intensity suitable to their location, surrounding
development and character.
e) Site layout, building design and landscape treatments provides efficient and safe conduct of
business activities, vehicle access and manoeuvrability.
f) Building design is of a low-key human scale and responds to Noosa’s sub-tropical climate.
g) Development integrates with natural landforms and landscape features and protects
heritage values.
h) Business activities manage potential negative impacts such as noise, privacy, lighting and
hours of operations on residential land uses.
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i) Business activities are located and designed to provide a safe and secure environment for
patrons and employees.
The proposed development is consistent with the overall outcomes sought by the Business uses code.
A full assessment against the relevant benchmarks is provided in Appendix G. The assessment against
the Business uses code determines that the development is generally compliant with the relevant
performance outcomes of the code.
5.2.4 OVERLAYS
The site is affected by the Landslide hazard overlay. The development will require some earthworks and
excavation to accommodation the development. A geotechnical report has been prepared by Core
Consulting and is attached as Appendix E to the report. The geotechnical report provides an assessment
of the site’s stability and includes recommendations for construction and protection of adjoining
properties during the development. An assessment of the Landslide hazard overlay code has been
undertaken and included in Appendix G of this report.
5.2.5 APPLICABLE ASSESSMENT BENCHMARKS
An assessment against the relevant codes / assessment benchmarks is provided in Appendix G of this
report.
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CONCLUSION
6.1 SUMMARY
This town planning report has been prepared in support of the subject development application which
seeks approval for a material change of use (Short term accommodation and Food and drink outlet),
on behalf of Cambooya Pty Ltd.
The subject site is situated at 36-38 Duke Street Sunshine Beach and is described as Lot 370 & 371 on
RP48111. Noosa Plan 2020 includes the site within the Coastal Communities local plan area, where it is
zoned Tourist Accommodation. The zone’s purpose is to provide short-term accommodation and
limited commercial uses where provided in a mixed-use format.
This report demonstrates that the proposed development can be supported based on the assessment
against the relevant assessment benchmarks.
Grounds for approval of the proposed mixed-use development include: -
▪ The proposal will deliver a development consistent with the intent of the Tourist
accommodation zone code, which is to provide a mix of medium to high-density short-term
accommodation, supported by a mix of business activities to create
▪ The proposal represents a high quality, contemporary mixed-use development that provides a
positive contribution to the streetscape through generous landscaping treatments and quality
building design.
▪ The proposal generally complies with the key built form outcomes sought for the zone code,
including building height, setbacks (except for rear 3rd storey), plot ratio and landscaping
▪ The proposal exceeds the allowable site cover of 45%, which is considered incongruous with
the site’s context, function, and pattern of existing development in the area.
▪ The proposal proposes 70.7% site cover which is less than and generally consistent with
adjoining premises that exhibit site covers of 74% and 92% respectively.
▪ The proposal will provide a significant up lift to the area as a tourist designation.
▪ The proposal embraces a subtropical design which incorporates generous landscaping
outcomes to soften the built form and complement existing landscape setting in the locality.
▪ The short fall of 4 car spaces, which results from the site’s highly constrained area and
topography, can be appropriately offset by payment of a monetary contribution in lieu in
accordance with Council’s policy.
▪ The proposal seeks a performance-based outcome which is consistent with the relevant
purpose and overall outcomes of the Tourist accommodation zone code.
▪ The proposal is consistent with the purpose and overall outcomes of the Coastal communities’
local plan code, Visitor accommodation use, Business uses code and Visitor accommodation
code and Works code.
▪ All essential infrastructure including reticulated sewer and water, stormwater,
telecommunications, and electricity is already available or able to be adequately supplied.
In light of the above, we present this application for approval and trust that Council acknowledges the
high level of compliance with due consideration given to the site’s constraints and context, and issues
a development approval subject to reasonable and relevant conditions.
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JFP_ URBAN CONSULTANTS
URBANCONSULTANTS
7. APPENDICES
7.1 APPENDIX A— ARCHITECTURAL PLANS
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JFP URBAN CONSULTANTS : i To URBANCONSULTANTS 7.2 APPENDIX B— LANDSCAPE PLAN PLANNING REPORT — Revision A May 2023 Page | 38
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JFP URBAN CONSULTANTS
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7.3. APPENDIX C—INFRASTRUCUTRE SERVICES REPORT
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N. TANT: JFP URBAN CONSULTANTS ines URBANCONSULTANTS 7.4 APPENDIX D—TRAFFIC ENGINEERING ASSESSMENT PLANNING REPORT — Revision A May 2023 Page |40
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7.5 APPENDIX E- GEOTECHNICAL REPORT
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7.6 APPENDIX F – CONTRIBUTION IN LIEU OF PARKING POLICY PLANNING REPORT – Revision A May 2023 P a g e | 42
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JFP URBAN CONSULTANTS : i To URBANCONSULTANTS 7.7 APPENDIX G — CODE RESPONSES PLANNING REPORT — Revision A May 2023 Page | 43