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2014-01-28 Planning & Organisation Committee Agenda
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AGENDA
Planning & Organisation
Committee Meeting
Tuesday, 28 January 2014
commencing at 1.30pm
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Noel Playford, Joe Jurisevic, Tony Wellington, Frank Wilkie
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Section 2
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
TABLE OF CONTENTS
ITEM SUBJECT PAGE
1 APPOINTMENT OF CHAIRPERSON 3
2 ATTENDANCE & APOLOGIES 3
3 PRESENTATIONS 3
4 COMMUNITY & DEVELOPMENT DEPARTMENT REPORTS 4
PLANNING & DEVELOPMENT 4
4.1 ADOPTED INFRASTRUCTURE CHARGES RESOLUTION 4
4.2 INFRASTRUCTURE CHARGES REBATES FOR COMMUNITY
ORGANISATIONS 11
4.3 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
FOR A TAVERN, LIQUOR STORE, RETAIL SHOPS & SALONS,
OFFICES, ADULT EDUCATION AND MULTIPLE DWELLINGS (26
UNITS) AT 99 NOOSA DRIVE, 3 LANYANA WAY & 29 LANYANA
WAY, NOOSA HEADS 17
4.4 TEMPORARY LOCAL PLANNING INSTRUMENT FOR VEGETATION
PROTECTION 52
5 ORGANISATIONAL SERVICES DEPARTMENT REPORTS 59
6 EXECUTIVE OFFICE REPORTS 59
7 CLOSED SESSION 59
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
1 APPOINTMENT OF CHAIRPERSON
2 ATTENDANCE & APOLOGIES
3 PRESENTATIONS
1.30pm - Changes to Infrastructure Charges (Refer Agenda item 4.1)
Oddbjorn Ludvigsen, Priority Infrastructure Planning & Infrastructure Charges Officer
Page 3 of 59
Section 4
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
4 COMMUNITY & DEVELOPMENT DEPARTMENT REPORTS
(Planning & Development Section only)
PLANNING & DEVELOPMENT
4.1 ADOPTED INFRASTRUCTURE CHARGES RESOLUTION
DOCUMENT INFORMATION
File No ECM/Subject/Infrastructure Charges Instruments & Policy
Author Priority Infrastructure Planning and Infrastructure Charges Officer,
Community and Development
SUMMARY/PURPOSE
Under “The Local Government (De-amalgamation Implementation) Regulation 2013”, the current
infrastructure charges resolutions and policies adopted by the Sunshine Coast Council transfer
and continue to apply to The Noosa Plan planning scheme area until such time they are reviewed
and replaced by new resolutions and policies adopted by Noosa Council.
This report presents three items for Council’s consideration and direction on current Sunshine
Coast Council resolutions that currently apply to Noosa Council relating to:
1. Adopted infrastructure charges resolution;
2. Application of infrastructure charges relating to missing networks for “Extension to Relevant
Period” to existing development approvals and for charges applicable to subsequent
“Building Approvals”; and
3. Requests to transfer from previously applied infrastructure contributions/charging regimes
to the current adopted infrastructure charges regime.
This report also notifies Council of the State Government’s review currently underway to the
current adopted infrastructure charges regime and priority infrastructure planning requirements.
BACKGROUND INFORMATION
The current Adopted Infrastructure Charges regime commenced on 1 July 2011 and replaced all
previous contributions and charges regimes applying to new development approvals issued from
that date. This new legislation generally reduced development charging levels and because the
charges are no longer connected directly to the provision of infrastructure and associated costs,
has introduced complications in transitioning between the previous and current regimes for new
development applications subsequent to previous approvals and extensions to relevant periods
for existing approvals.
Under the “Sustainable Planning Act 2009” (SPA), infrastructure charges are triggered and
issued on development approvals for Reconfiguration of a Lot, Material Change of Use and
Building Work. These infrastructure charges relate to the provision of “trunk” infrastructure
required to service existing and future development where new development contributes its
proportional fair share of costs in the provision of “trunk” infrastructure needed to enable
development to occur.
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Section 5
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
“Trunk” infrastructure is specified in the Priority Infrastructure Plan (PIP) for the following
networks:
Water Supply (Unitywater network);
Sewerage (Unitywater network);
Transport including:
o Roads;
o Pathways; and
o Public Transport (only physical infrastructure such as shelters and not the daily costs
of running bus services);
Stormwater; and
Public Parks and Land for Community Facilities which includes:
o land and embellishments for Public Recreation and Sports Parks; and
o land only for Community Facilities (excluding the facility itself).
The Adopted Infrastructure Charges regime is currently undergoing further review by the State
Government, where on the 1 July 2013, the discussion paper “Infrastructure planning and
charging framework review” was released for public consultation. It is a continuation of the
process set by the previous State Government which implemented the interim Adopted
Infrastructure Charges regime on 1 July 2011 with the intention for a new Infrastructure Planning
and Charges regime to commence on 1 July 2014. This is likely to have further implications to
local government in the way planning for infrastructure is undertaken and the level of
infrastructure charges applied. A further report will be presented to Council once the State has
released further information and the details are known.
PREVIOUS COUNCIL CONSIDERATION
The items presented in this report relate to considerations and decisions previously made by the
Sunshine Coast Council and are now presented for Noosa Council’s consideration and direction.
REPORT
The items presented for Council’s consideration, relate to resolutions adopted by the Sunshine
Coast Council that have translated and continue to apply to Noosa Council until amended by
Council.
1. Adopted Infrastructure Charges Resolution
On 1 July 2011, the Adopted Infrastructure Charges Regime commenced under Division
5A, Sections 648A to 648L of the “Sustainable Planning Act 2009” (SPA) and together with
the “State Planning Regulatory Provision (adopted charges)” (SPRP), replaced all former
infrastructure contributions and charges regimes applying to new development approvals
issued from that date.
Development approvals that were issued prior to 1 July 2011 continue with the
infrastructure contributions and charges regime that was lawfully imposed at that time.
The current “Sunshine Coast Regional Council Adopted Infrastructure Charges Resolution
(No.4) 2011” dated 22 August 2013 stipulates the charges applying to various use classes
and defined uses for development occurring under the three planning schemes, Caloundra
City Plan 2004, Maroochy Plan 2000 and The Noosa Plan. The resolution applies in
conjunction with the Priority Infrastructure Plan (PIP) applicable to each planning scheme
that was also adopted on 22 August 2013 by the Sunshine Coast Council.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Notably, the Noosa Priority Infrastructure Plan (PIP) is the same plan adopted previously
by the former Noosa Council prior to amalgamation in 2008 but with minor amendments to
comply with current legislative requirements as stipulated by the Deputy Premier, Minister
for State Development, Infrastructure Planning approval dated 16 May 2013.
The 2010 and 2011 legislative amendments governing the “water reform”, required an
apportionment of the adopted infrastructure charge to be agreed between Council and the
Distributor-Retailer being Unitywater.
Considerable work went into developing a fair and equitable apportionment method to both
parties and this was based on the former “draft” Infrastructure Charges Schedules (ICSs)
and “trunk” networks contained in the draft Priority Infrastructure Plans (PIPs) applicable to
each planning scheme and their respective charge catchment areas. The apportionment
therefore differs according to the development type and its location since it aligns with the
estimated costs and demand associated with providing “trunk” infrastructure in that area.
The apportionment agreed to, is detailed in Tables 10.1 and 10.2 of the current resolution.
It is recommended that this apportionment of the adopted charge between infrastructure
networks be maintained as being the most fair and equitable distribution possible for both
Unitywater and Council under the current regime and would cause unnecessary
complications if changed.
With Noosa having now separated from the Sunshine Coast Council, it is proposed that
Council adopt its own “Adopted Infrastructure Charges Resolution” in accordance with the
initial legislative requirements. This will:
reduce the size and complexity of the document so as to only relate to development
occurring within the Noosa Shire local government area;
will allow Council to review and amend any charge rates it considers appropriate at
the current time; and
remove any doubt whether Noosa could be potentially bound by any future
amendment made by the Sunshine Coast Council to the current resolution.
Council may adopt the level of charges it considers suitable according to the development
use and class categories, however, it cannot exceed the maximum adopted infrastructure
charges stipulated by the “State Planning Regulatory Provision (adopted charges)”. The
maximum permissible charges have been adopted for non-residential development but
some reductions have been adopted in relation to residential development. The current
maximum charges permissible for residential development are:
$28,000 per 3 or more bedroom dwelling (the current reduced rate adopted being
$27,000); and
$20,000 per 1 or 2 bedroom dwelling unit (the current reduced rates adopted being
$19,500 for 2 bedroom units and $13,000 for 1 bedroom units).
A proposed draft “Noosa Shire Council Adopted Infrastructure Charges Resolution (No.1)
2014” is provided in Attachment 1. A copy of the document showing the proposed
amendments made to the “Sunshine Coast Regional Council Adopted Infrastructure
Charges Resolution (No.4) 2011” can be provided to Councillors if requested.
The amendments proposed are minor being:
the removal of all Sunshine Coast Council references that do not relate to The Noosa
Plan;
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
amend the adopted charge rates applying to residential 2 bedroom dwellings from
$19,500 to $20,000 and 3 bedroom dwellings from $27,000 to $28,000 being the
maximum permissible under the “State Planning Regulatory Provision (adopted
charges) (SPRP)”. This will remove the current apportionment adjustments that occur
due to Unitywater’s portion based on the maximum charge and Council’s portion
being reduced to make up for the current lower adopted charge;
amend the charge rates applying to short term accommodation and special use
development classes to align with the current “Statutory Planning Regulatory
Provision (adopted charges)”. Notably the “Statutory Planning Regulatory Provision”
changed after the Sunshine Coast Council adopted the infrastructure charges
resolution in relation to these use classes. This will cease inconsistencies occurring in
applying charges to these development use classes and require only one calculation
method to apply;
apply discounts for existing development on a specific network basis and not to be
transferable between networks. This will cease cross subsidising of credits between
networks and in particular between Council and Unitywater networks. For example if
a credit for the existing development applying to the sewerage component exceeds
the sewerage component charge for the new development, the balance should not
translate across to reduce any other network component charge such as a reduction
to the transport network; and
clarify that development, that is the provision of “trunk” infrastructure, is exempt from
and not subject to infrastructure charges. For example if a development constructs a
portion of “trunk” pathway, the charge applicable to the development should not
include a charge for stormwater relating to the impervious area of the “trunk”
pathway.
The current charge of $13,000 for a 1 bedroom dwelling unit is below the permitted
maximum of $20,000. However amendment is not proposed since it is considered
inequitable to apply the same maximum charge that applies to a larger 2 bedroom dwelling
unit that places a heavier demand on infrastructure networks.
No changes are proposed to the current reductions applying to:
Sport and recreation uses currently being exempt from the “Public Parks and Land for
Community Land” proportion of the adopted charge. For example, an indoor bowls
centre provides additional and alternative sport and recreation opportunities to that
provided by the Council network and therefore could be considered as already
contributing in this regard.
Retirement and residential care development uses currently have a reduction to 70%
of the net charge for the Transport and Parks networks. This is in recognition that
such developments generally place lower demands on these networks and also
maintains the former Noosa Planning Scheme Policy demand allocations in
determining contributions.
Internal consultation on this issue has been undertaken with the Coordinator Development
Assessment.
2. Application of infrastructure charges relating to missing networks for “Extension to
Relevant Period” to existing development approvals and for charges applicable to
subsequent “Building Approvals”.
Section 388 of the “Sustainable Planning Act 2009”, provides that Council, in deciding a
request to extend the relevant period, must have regard to the consistency of the approval,
including its conditions, with current laws and policies applying to the development,
including for example the amount and type of infrastructure contributions or charges.
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Section 8
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
The current Sunshine Coast Council resolution of 15 March 2013 requires all Extensions to
Currency Periods to:
“Charge for all networks, including those that may be missing. Original networks will
be charged at PSP rates and missing networks at Adopted Charges rates, with the
total (PSP + Adopted charges) not exceeding the maximum adopted charge amount
that is allowable under the SPRP (adopted charges)”
This approach has proven to be the most workable and straight forward method for
assessment under the legislation. It is recommended that this approach continue but
modify slightly to clarify that the addition of a missing network is limited so that it does not
cause the total charge applicable to the development to exceed the maximum allowable
under the “Statutory Planning Regulatory Provision (adopted charges)” (SPRP).
Internal consultation on this issue has been undertaken with the Coordinator Development
Assessment.
3. Transferring from previously applied infrastructure contributions/charging regimes
to the current Adopted Infrastructure Charges regime.
The introduction of the Adopted Infrastructure Charges legislation was not meant to
retrospectively apply to developments approved prior to 1 July 2011.
The current Sunshine Coast Council resolution allows developments to transfer to the new
Adopted Infrastructure Charges regime through an infrastructure agreement to override the
previous development approval requirements. However, with the upcoming State
Government review and anticipated further lowering of infrastructure charges from 1 July
2014, it is appropriate that Council review this practice to either:
a) require new applications to be lodged in order to gain access to any new charging
regime implemented by changes in the legislation; or
b) continue with the current approach to allow developments to transfer to a new
Infrastructure Charges regime through an infrastructure agreement to override the
previous development approval charging requirements.
Staff preference is for option a) as this:
is consistent with the intent of the legislation;
enables a simpler administration process with infrastructure charges being issued in
full compliance with the current legislation under which a development approval is
issued;
reduces costs in creating and finalising legal documents that are time consuming in
their implementation and administration (particularly where there is no benefit to
Council) and a third party being Unitywater is also involved;
may reduce potential losses in infrastructure charges revenue as a developer will
need to also consider other development issues such as timing and additional
application fees before simply gaining access to lower infrastructure charges.
Should Council decide on option a), it would be appropriate to offer a lower application fee
for those new development applications that only involve no changes to the development
previously approved and where there is no additional assessment required to that
previously undertaken under The Noosa Plan. This would recognise the previous
assessment work undertaken by officers. In these circumstances, it is considered that a
50% reduction in the development application fee may be appropriate.
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Section 9
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Should a new development approval be granted, it would be beneficial for Council and the
applicant to not have two development approvals existing for the one development at the
same time. As this causes ongoing administration and monitoring costs, it is therefore
proposed that Council request applicants to cancel their previous approval as allowed
under Division 4, sections 379 to 382 of the “Sustainable Planning Act 2009”. Council may
also wish to consider, if agreed to be undertaken by the applicant, to require no fee for this
request.
It should be noted that across Queensland there is no consistent approach applied by local
governments in this regard.
Internal consultation on this issue has been undertaken with the Coordinator Development
Assessment.
BUDGET & FINANCIAL ASPECTS
The issues presented in this report have bearing on the potential revenue to be collected from
development and impacts the budgetary constraints associated with the provision of “trunk”
infrastructure.
Public notification of Council’s adoption of a new “Adopted Infrastructure Charges Resolution” will
involve minor costs for newspaper advertisements.
RECOMMENDATION
That Council note the report by the Priority Infrastructure Planning and Infrastructure Charges
Officer to the Planning & Organisation Committee dated 28 January 2014 and:
1. Adopt the “Noosa Shire Council Adopted Infrastructure Charges Resolution (No.1) 2014”
(provided at Attachment 1 to the report) to replace the “Sunshine Coast Regional Council
Adopted Infrastructure Charges Resolution (No.4) 2011” applying to development governed
by The Noosa Plan;
2. Publicly notify the adoption of the “Noosa Shire Council Adopted Infrastructure Charges
Resolution (No.1) 2014” and forward a copy to the Chief Executive, Department of State
Development, Infrastructure and Planning in accordance with section 648D of the
“Sustainable Planning Act 2009”;
3. Adopt Noosa Council policy positions regarding Extensions to Relevant Periods (through
infrastructure agreements) and/or subsequent Infrastructure Charge Notices triggered by
Building Permits, to charge development for all networks, including those previously
missing where:
a) missing networks are to be charged at the current Adopted Infrastructure Charges;
and
b) the missing network charge is limited so that it does not cause the total amount
payable for the development to exceed the total maximum adopted charge
permissible under the “Statutory Planning Regulatory Provision (adopted charges)”.
4. For development requesting to transfer to an alternative infrastructure charges regime to
that previously applied under an existing development approval, Council:
a) require a new development application to be lodged; and
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Section 10
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
b) offer a 50% reduction to the application fee for these new development applications,
provided there is no change to the development previously approved and no
additional assessment is required to that previously undertaken under The Noosa
Plan; and
c) request the applicant to cancel their previous development approval under sections
379 and 380 of the “Sustainable Planning Act 2009” at no cost to the applicant, once
a dew development approval takes effect.
5. Note the State Government’s review of the current Adopted Infrastructure Charges regime
is likely to impact the level of infrastructure charges that can be levied on future
development and priority infrastructure planning requirements. A further report will be
provided to Council once the outcome is known.
ATTACHMENTS
Note: The attachment for this report has been provided separately
1. Noosa Shire Council Adopted Infrastructure Charges Resolution (No.1) 2014
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Section 11
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
4.2 INFRASTRUCTURE CHARGES REBATES FOR COMMUNITY ORGANISATIONS
DOCUMENT INFORMATION
File No ECM/Subject/Infrastructure Charges Instruments & Policy
Author Priority Infrastructure Planning and Infrastructure Charges Officer,
Community and Development
SUMMARY/PURPOSE
Under “The Local Government (De-amalgamation Implementation) Regulation 2013”, the current
infrastructure charges resolutions and policies adopted by the Sunshine Coast Council transfer
and continue to apply to The Noosa Plan planning scheme area until such time they are reviewed
and replaced by new resolutions and policies adopted by Noosa Council.
This report is presented to Council for its consideration and direction in relation to the Sunshine
Coast Council’s policy “Infrastructure Contributions (Charges) Rebates for Eligible Community
Organisations” currently applying to Noosa Council.
BACKGROUND INFORMATION
Following amalgamation of the three former Councils, the Sunshine Coast Council reviewed the
rebates policies and processes existing of each former Council and adopted its current policy
statement, “Infrastructure Contributions (Charges) Rebates for Eligible Community
Organisations”.
This policy is substantially based on the former Noosa Council Policy “Rate Rebates and Waiver
of Fees for Community Organisations” updated to current accounting practices in relation to
granting infrastructure contributions and charges relief for new developments undertaken by
community organisations that satisfy the specified criteria.
PREVIOUS COUNCIL CONSIDERATION
The item presented in this report relates to a Sunshine Coast Council Policy and is presented for
Noosa Council’s consideration and direction.
REPORT
The Sunshine Coast Council’s Policy “Infrastructure Contributions (Charges) Rebates for Eligible
Community Organisations” is primarily an extension of the former Noosa Council policy that
provided certainty in relation to infrastructure charges issued on community organisations
undertaking development that provides a desired benefit to the community.
The policy provides a reduction in infrastructure charges applicable to developments undertaken
by not for profit charitable, community, sporting and recreation organisations. The policy also
extends to non-state schools and religious organisations.
The rebates only apply to infrastructure charges relating to the Transport, Public Parks & Land
for Community Facilities and Stormwater networks owned by Council but does not apply to the
Water Supply and Sewerage networks under the control of Unitywater.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
To qualify for a rebate, the type of organisation and the purpose of development must both be
satisfied. The current level of rebates ranges from:
100% for community, sporting, recreation, lifesaving or religious community/youth or
meeting facilities component;
30% for social, entertainment, gaming or liquor facilities component;
50% for non-state or religious schools; and
Nil for religious worship.
It is proposed that the policy continue to apply to the Noosa area under a Noosa Council policy
however, with the following amendments:
1. Clarify that rebates will not apply to normal independent living type residential
developments such as standard retirement villages and other affordable living development
for rental purposes undertaken by not for profit community organisations. These types of
developments are not considered as community type projects for use or access by the
general public and with the increasing involvement of large not for profit organisations
undertaking such development, it would be appropriate to clarify Council’s position in the
policy regarding such projects.
2. Clarify that rebates do not apply to the Water Supply and Sewerage networks under the
control of Unitywater.
3. Remove the rebates applying to social, entertainment, gaming or liquor facilities as these
elements could be seen as gaining an unfair advantage compared to normal business uses
of this nature that have to pay the full charges. It could also be viewed that community
rebates should not be provided to uses that have potential to cause social problems within
the community.
A proposed draft Noosa Council Policy is provided in Attachment 1. A copy of the document
showing proposed amendments to the “Sunshine Coast Regional Council Policy: Adopted
Infrastructure Charges Resolution (No.4) 2011” can be provided to Councillors if requested.
Internal consultation on this issue has been undertaken with the Interim Director Organisational
Services, Financial Services Coordinator and Coordinator Development Assessment.
BUDGET & FINANCIAL ASPECTS
The issue presented in this report has bearing on the potential revenue to be collected from
development undertaken by community organisations and impacts the budgetary constraints
associated with the provision of “trunk” infrastructure.
RECOMMENDATION
That Council note the report by the Priority Infrastructure Planning and Infrastructure Charges
Officer to the Planning & Organisation Committee dated 28 January 2014 and adopt its policy for
“Infrastructure Charges Rebates for Community Organisations” (provided at Attachment 1 to the
report) to replace the Sunshine Coast Regional Council’s Policy Statement: “Infrastructure
Contributions (Charges) Rebates for Eligible Community Organisations” applying to development
governed by The Noosa Plan.
ATTACHMENTS
1. Policy - Infrastructure Charges Rebates for Community Organisations
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
ATTACHMENT 1
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
ATTACHMENT 1
COUNCIL POLICY
TITLE: Infrastructure Charges Rebates for Community Organisations
Endorsed by Council on: 6 February 2014
Policy Owner and Department: Priority Infrastructure Planning and Infrastructure Charges
Officer, Community and Development
Purpose of the Policy
Council is committed to supporting the growth and development of community organisations that
provide essential and significant facilities and services for the benefit of the community.
To ensure that community organisations are not disadvantaged or constrained from providing
community facilities and services, Council will provide rebates to eligible community organisations
to assist in the payment of infrastructure contributions or charges.
The granting of infrastructure charges rebates ensures that much needed funds remain with the
organisations, whilst the cost of the rebate is spread across the whole community.
Fundamentally the policy is based on the type of organisation (including its fund raising
capabilities), the service it provides, the function of the proposed development and the contribution
being made to the Noosa Shire.
This document outlines the types of community organisations which are eligible for infrastructure
charges rebates, the purpose and applicability of rebates that may apply to premises, the
application process and the amount of charges rebates to be offered.
Eligible Community Organisations
The following community organisations are eligible for consideration of infrastructure contribution
or charges rebates —
e Non-profit community organisations, as determined by the Australian Taxation Office (ATO);
e Religious institutions as determined by the ATO;
° Schools registered with the Queensland Department of Education.
To be considered a non-profit community organisation the following criteria must apply —
i) the organisation is incorporated under Queensland’s Associations Incorporation Act 1981
or registered under the Collections Act 1966': and
ii) there is no profit or gain by individual members of the group; and
iii) its constitution or governing documents prevent it from distributing profits or assets for the
benefit of particular persons, both while it is operating and on winding up; and
iv) whilst a surplus can be made, it must be used to carry out the purpose and functions of the
organisation.
' Other entities (eg. co-operatives, companies limited by guarantee, etc) may be considered non-profit community organisations
subject to specific application and approval by Council.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Non-profit community organisations have been classified into the following categories.
e Community-based Organisations
An incorporated body that either wholly or in part relies on membership fees, hall rental
charges, fundraising activities or government grants for its financial existence. These
organisations do not have any liquor or gaming licence. Examples include welfare
organisations, cultural organisations, indigenous organisations, environmental organisations,
rescue organisations, scouts and guides, youth organisations, senior citizens clubs, public
halls.
e Charitable Organisations (non-profit and volunteer)
A non-profit organisation, set up to undertake community activities, which receives funding
from government grants and charges to recipients or customers, but which relies mainly on
unpaid volunteer labour. Some paid workers may be involved. These organisations do not
have any liquor or gaming licence. Examples include Meals on Wheels, Endeavour
Foundation, Lifeline, St Vincent De Paul, Salvation Army.
e Charitable Organisations (non-profit)
A non-profit organisation set up to undertake community activities which receives funding by
way of charges to recipients or from government grants, but which mainly relies on paid
labour. These organisations do not have any liquor or gaming licence. Examples include
aged persons’ homes, Red Cross.
e Sporting or Recreation Organisations (non-profit and volunteer)
An incorporated body that is constituted to undertake a sporting activity and primarily relies on
membership fees, games fees, fundraising activities, but which depends mainly on unpaid
volunteer labour. This type of club may use a restricted liquor licence. Examples include
junior and senior sports clubs, pony clubs.
e Community, Sporting or Recreation Organisations (non-profit and gaming or liquor
licence)
A sporting club or community organisation that undertakes sporting or community activity open
to membership that has full bar trading, meals and gaming facilities and relies primarily on
paid labour. Examples include Tewantin RSL, Tewantin Noosa Bowls Club.
e ~=—_ Lifesaving Clubs
An incorporated club affiliated with the Queensland Surf Lifesaving Association or Royal
Lifesaving Society Queensland that undertakes active lifesaving operations.
Purpose and Applicability of Rebates
The rebate system is primarily based on the philosophy that organisations that construct new or
expanded community service, sporting or recreational facilities should receive a full rebate of the
infrastructure contributions or charges.
However, the rebate system also takes into account that some developments also have access to
other Government grants or subsidies (e.g. Federal or State Government education grants).
Some community, sporting or recreational (not-for-profit) organisations also provide facilities of a
commercial nature (e.g. sporting clubs, surf lifesaving clubs or RSL clubs that have full bar trading,
meals and poker machine facilities). Infrastructure charges rebates will not apply to the
commercial component of such organisations as these elements need not be subsidised by the
community.
Infrastructure charges rebates will apply for eligible community organisations that are located on
land owned or controlled by Council, owned or controlled by the Queensland or Australian
Government, held in trust by the community organisation or owned in freehold by the community
organisation.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
It should be noted that an infrastructure charges rebate for premises is not transferable. Therefore
an infrastructure charges rebate will not apply for any relocation to new premises if a rebate for the
existing premises has already been granted by Council.
For leased premises, rather than an infrastructure charges rebate, the amount of the contribution
or charge (or part thereof) will remain an ‘unfulfilled’ debt on the land that will be cancelled with
revocation of the relevant development permit upon expiry of the lease.
Infrastructure charges will not be rebated where the purpose of the development is to raise funds
by the sale of land or for normal independent living residential developments.
Applications
Council may, at the request of a non-profit community organisation, give a rebate for infrastructure
charges. The request must be made at the time the development application is submitted. The
request must provide sufficient details and other particulars to enable categorisations to be made
under this policy.
A non-profit community organisation is to provide evidence of its non-profit and incorporated or
registered status. This shall include providing Council with a copy of its relevant constitution or
governing documents and registration number under the Associations Incorporation Act 1981 or
the Collections Act 1966 as appropriate.
Amount of Rebate
Council will rebate the cost or part of the cost of infrastructure charges for eligible community
organisations in accordance with Table 1 — Rebates for Eligible Community Organisations.
Relevant Infrastructure Networks
This policy is applicable only to infrastructure networks which attract developer contributions and
charges and which are owned and controlled by Council. Rebates do not apply to Water Supply
and Sewerage networks under the control of Unitywater.
The type of organisation and the purpose of development must both be satisfied in order to gain
the rebate.
TABLE 1: Rebates for Eligible Community Organisations
Type of Organisation Purpose of Development
Charitable organisations (non-profit and volunteer Construct new or extended 100%
based) and Community based Organisations community service facilities. °
100%
Charitable Organisations (non-profit) Construct new or extended °
community service facilities.
. . og Construct new or extended sporting
vountenr) Recreation Organisations (non-profit and or recreation facilities (including 100%
clubhouse amenities).
Construct new or extended 100%
community, sporting or recreation
Community, Sporting or Recreation Organisations facilities (including amenities).
(non-profit and gaming or liquor licence) Construct new or extended social,
entertainment, gaming or liquor
facilities.
Construct new or extended facilities
that only relate to the lifesaving 100%
; ; component of the premises.
Lifesaving Clubs
Construct new or extended social,
entertainment, gaming or liquor
facilities.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Page 16 of 59
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Type of Organisation Purpose of Development
Construct new or extended facilities
Non State Schools that only relate to the educational 50%
component of the premises.
Construct new or extended facilities
Worship that only relate to the religious
(worship) component of the premises.
Religious Construct new or extended facilities
Organisations Schools that only relate to the educational 50%
1 0,
component of the premises.
Community/Youth or wom new ° extended facies 100%
Meeting Facilities at only relate to the community use 1
component of the premises. (see note 1)
Note 1: For a Religious Organisation to quality for the rebate, the community, youth or meeting facilities must be
available to the general community and be non-denominational.
Note 2: For eligible organisations undertaking residential type developments, the rebates will only apply to:
e Aged Care Facilities (excluding Independent Living Units);
e Emergency Accommodation;
e Supported Residential Care (short stay and/or long stay) including disability care.
Version Control:
Reason/ Trigger Change (Y/N) | Endorsed/Reviewed by |Date sid
NewPoliey | = «(| Counc, == G February 2074
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Page 16 of 59Section 17
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
4.3 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A TAVERN,
LIQUOR STORE, RETAIL SHOPS & SALONS, OFFICES, ADULT EDUCATION AND
MULTIPLE DWELLINGS (26 UNITS) AT 99 NOOSA DRIVE, 3 LANYANA WAY & 29
LANYANA WAY, NOOSA HEADS
DOCUMENT INFORMATION
File No MCU13/0087
Author Senior Development Planner
APPLICATION DETAILS
Applicant: Coles Group Property Developments Ltd
Proposal Material Change of Use of Premises (Entertainment and Dining
Business Type 3 - Bar, Retail Business Type 2 Shop & Salon,
Commercial Business Type 1 Office, Education Type 3 - Adult
& Multiple Housing Type 4 - Conventional (26 units)
Properly Made Date: 13/05/2013
Information Request Date: 24 June 2013
Info. Response Date: 19 September 2013
Decision Due Date 4 February 2013 (extended by agreement)
Number of Submissions 97 Properly Made
12 Not Properly Made
PROPERTY DETAILS
Division: 11
Property Address: 99 Noosa Drive, 3 and 29 Lanyana Way, Noosa Heads
RP Description: Lot 3 RP884396
Lot 54 RP139776
Lot 2 RP889596
Land Area: 1.7960 ha
2.824 ha
0.3979 ha
Existing Use of Land: Shopping Centre, Carpark, Bowls Club and Licenced Club
STATUTORY DETAILS
SEQRP Designation: Urban Footprint
Planning Scheme The Noosa Plan (8 August 2011)
Locality: Noosa Heads
Zone: Business Centre and Community Services
Overlays: Environmental Enhancement Area, Medium Bushfire Hazard
Area, Low Potential Acid Sulphate Soil Area
Assessment Type: Impact
Page 17 of 59
Section 18
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
SUMMARY/PURPOSE
The purpose of this report is to provide council with a preliminary assessment of a development
application for a Material Change of Use of Premises for a mixed use commercial and residential
development proposed in 2 stages. The report also seeks Council’s further direction to draft an
Infrastructure Agreement in association with the proposal. The application is before Council due
to the level of public interest in the application and the proposed conflict with The Noosa Plan.
109 submissions were received during the public notification period.
The site comprises part of the Noosa Fair shopping centre, together with Council’s Lanyana Way
carpark and the Noosa Heads Bowls Club. Key components of the development are the
refurbishment of the existing licensed club into a tavern, new large format liquor store,
commercial buildings fronting a new link road and a residential unit building. The proposed uses
raise conflicts with the Community Services zoning of the Bowls Club land, which represents the
majority of the development area. Effectively, the proposal seeks to have the Bowls Club site
considered as an extension to the adjoining Business Centre zone.
The proposal substantially responds to opportunities and aspirations identified in the Noosa
Junction Placemaking Masterplan adopted by Sunshine Coast Council in 2010. In particular it
would deliver a new link road from Lanyana Way to Noosa Drive providing active commercial
frontages to the road and opportunity to create a “green plaza” streetscape and activation of the
adjoining Pinaroo Rotary Park. However, the masterplan does not contemplate the
redevelopment of the Bowls Club to any significant extent.
The need to retain the land for community purposes has been assessed, with it regarded as
relatively week. The primary missed opportunity on the site, should the development proceed, is
for aged care or retirement and special needs.
The proposal raises other unique considerations, as council owns a part of the site freehold (the
Lanyana Way carpark) and has given its consent to the making of the application. The net
community benefit of the proposal must be considered in light of the loss of that land and
approximately 80 public car parks.
It is concluded that there are potentially a number of grounds in favour of the proposal but a clear
community benefit has not been demonstrated at this stage by the applicant. It is recommended
that an Infrastructure Agreement be progressed demonstrating further community benefit and
that a final decision on the application be reserved until the outcome can be assessed in its
entirety.
PREVIOUS COUNCIL CONSIDERATION
At its Ordinary meeting of 15 September 2010, Sunshine Coast Council resolved the following:
That Council:
(a) note the report titled “Noosa Junction Placemaking Masterplan”; and
(b) adopt the Noosa Junction Placemaking Masterplan (Appendix A) for the purpose of:
(i) consideration within the future development of the five year capital works
program including opportunities for alternative funding; and
(ii) providing input into the preparation of the new planning scheme, whilst having
regard to the hierarchy of centres as contained within the 2006 Noosa Plan;
(c) request the Chief Executive Officer to provide a further report that investigates the
feasibility of:
Page 18 of 59
Section 19
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
(i) joint partnerships for development of the following council owned land:
(1) Bottlebrush Avenue car park;
(2) Grant Street car park; and
(ii) a land swap with the Noosa Heads Bowls Club for Arcadia Street car park and
Pinaroo Way.
At its Ordinary meeting of 28 March 2013, Sunshine Coast Council resolved the following:
That Council:
(a) delegate authority to the Chief Executive Officer to approve owner’s consent for Lot 2
RP889596, 29 Lanyana Way, Noosa Heads, adjacent Noosa Bowls Club and
(b) delegate authority to the Chief Executive Officer to not approve owner’s consent for
Lot 95 SP137431, 253 David Low Way, Peregian Beach adjacent Peregian Bowls
Club.
BUDGET & FINANCIAL ASPECTS
If council were to approve this development, the applicant would be required to pay infrastructure
charges for trunk infrastructure in accordance with its current adopted infrastructure charges
resolution.
PROPOSAL
The application seeks approval for a Material Change of Use for Entertainment and Dining
Business Type 3 - Bar, Retail Business Type 2 - Shop & Salon, Commercial Business Type 1 -
Office, Education Type 3 - Adult and Multiple Housing Type 4 - Conventional (26 units) uses.
The proposal involves the redevelopment of the existing bowls club and council carpark sites and
the extension of the Noosa Fair retail shopping centre complex.
Council agreed to give its owner’s consent to the making of this application (as owner of the
Lanyana Way carpark portion of the site). A copy of the letter to the applicant agreeing to give
owner’s consent is included as Attachment 1. The letter notes a potential land swap
arrangement but also states that “Council’s consent as landowner does not commit Council to
approving the development application”.
The development is proposed over two stages, comprising:
Stage 1
1,115m2 tavern conversion of existing bowls club building
1,180m2 “big box” style liquor store (First Choice Liquor)
405m2 of ground level retail strip shops and cafes/restaurants
215m2 of upper level commercial tenancies (office, medical, retail, etc.)
Car parking spaces for approximately 201 cars
Construction of all new streets within and through the site
Stage 2
2-storey retail (445m2) and commercial building (1,080m2 of upper level offices and/or
education uses)
3-storey residential building comprising 19 x 2 bedroom units and 7 x 1 bedroom units
ranging in size between 63 – 86m2 with basement parking.
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Section 20
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
A number of new roads are proposed, the primary one being a link road extending from the
existing junction of Lanyana Way and Arcadia Street north of the site through to Noosa Drive to
the west to be known as Pinaroo Way.
The development is arranged with the retail shops forming an active frontage to the eastern end
of Pinaroo Way, with the commercial and residential buildings in stage 2 also fronting that street.
The tavern and liquor store buildings are accessed via new internal/service roads. Much of the
balance of the site is dedicated to carparking, pathways and landscaped areas. The applicant
indicates it intends to subdivide the site to excise Stage 2 in two parcels for development by
others.
Copies of the proposed layout plans for Stage 1 and Stage 2 are included as Attachments 2 (a)
& 2 (b). A copy of the proposed (future) reconfiguration of the site to excise the Stage 2 lots for
development by others is included as Attachment 3.
The built forms of the buildings are a mix of 1, 2 & 3-storey buildings with generally well-
articulated forms and a mix of materials. The tavern building seeks to re-use the existing bowls
club premises but reduces the building footprint and remodels much of the external façade and
significantly improves the noise attenuation of the façade and glazing. A new beer garden and
children’s play area is proposed on the tavern’s northern side. The proposed liquor store is a
single-storey tilt-slab building with architectural features limited to a vaulted roofline and some
covered external walkways.
The new retail shops and the residential and commercial buildings are concrete structures with
generally well-articulated and varied external elevations incorporating a mix of materials,
sunshading and screening devices. The retail building on the southern side of Pinaroo Way
benefits from a northern orientation and the design includes skillion roofs and potential outdoor
dining and communal areas that provide good solar access.
The residential building is oriented west toward Pinaroo Way and Pinaroo Park. Sunshading
devices are proposed across much of the building’s frontage. The rear of the building, which
faces the tavern, is dedicated to access stairs and entrance landings. The units are classified as
small dwelling units under the planning scheme, with the largest being 82m2. A basement
carpark for 39 cars is proposed with access off Pinaroo Way.
The Stage 2 commercial component is a 2 storey building aligned along the northern side of the
eastern end of Pinaroo Way. An undercroft carpark for 36 cars is proposed, with access via a
service road to building’s north.
The primary open space area of the development is in the form of a pedestrian plaza area at the
entrance to Pinaroo Way. The width of the Pinaroo Way road reserve is 25 metres and the
plaza, at its widest point adds a further 12 metres and allows for the retention of some existing
trees near the intersection.
Further existing trees are proposed to be retained toward the Pinaroo Park end of Pinaroo way,
where existing ground levels can be retained, but due to the extent of earthworks across the
balance of the site, few other trees are likely to be retained.
The applicant has also proposed to construct a new public amenities block within Pinaroo Park to
replace the existing facility near the entrance to Noosa Fair shopping centre.
The applicant acknowledges that the proposed development conflicts with the provisions for the
Community Services zone that affects much of the site (i.e. the bowls club land) and has
provided grounds it identifies as being sufficient to support the development in accordance with
the requirements of the Sustainable Planning Act. A detailed assessment of those grounds is
provided later in this report.
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Section 21
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
SITE DETAILS
Site Description
The subject site comprises 3 allotments, details of which are as follows:
Lot Description Existing Use Area Zoning Owner
Lot 3 RP884396 Noosa Heads 1.7960 ha Community Coles Group Property
Bowls Club Services Developments
Lot 2 RP889596 Public Carpark 0.3979 ha Business Noosa Council
Centre (Freehold Ownership)
Lot 54 RP139776 Noosa Fair 2.824 ha Business Noosa Fair (Holdings)
Shopping Centre (0.219ha of Centre Pty Ltd
which is affected
by this
development)
The location of the site in relation to its surrounds is shown on the image below:
The dashed line shown above indicates the extent of the Noosa Fair shopping centre land to be
developed under the proposal (being along the north western property boundary of the Noosa
Fair allotment).
The map below shows the split zonings across the site under The Noosa Plan, with the blue zone
being the Business Centre zone and the yellow zone being the Community Services Zone
applying to the Bowls Club site.
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Section 22
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Surrounding Land Uses
Pinaroo Rotary Park adjoins the site to the east. The park is primarily a conservation park and
nature refuge but does include some low-key recreational facilities and trails.
A mix of small-to-medium retail, commercial and medical tenancies within Noosa Junction’s
business centre zone generally abuts the north, south and east of the development area.
Adjacent uses also include a service station, community centre (The J) and Noosa Heads post
office to the north, an IGA supermarket and Irish bar within Noosa Junction Shopping centre to
the east and a Coles supermarket within Noosa Fair shopping centre within the balance portion
of Lot 54 RP139776 (part of the subject site).
Further afield in all directions development is predominantly characterised by detached housing.
Development History
The recent history of the development on the site’s component lots is as follows:
Noosa Fair Site
Noosa Fair Shopping Centre opened in 1982 with Coles supermarket the original anchor tenant.
Numerous town planning approvals have been issued since that time, with the most recent and
relevant being 132002.220113.3 (22625DA) for extensions to the centre issued in 2008.
An application for a 590m2 extension to the Coles supermarket via MCU13/0086 was approved in
November 2013, though these works are yet to commence.
Noosa Heads Bowls Club Site
The Noosa Heads Bowls club opened in 1970 and pre-dates town planning approvals. The
existing clubhouse, licensed club premises and third bowling green was approved via town
planning consent TPC2765 in 1994 and opened in 1995.
The Club sold to Coles in late 2011 but secured agreement to continue operating from the site for
a further 3 years. In 2012 the club decided to reduce the extent of its operations and closed the
licensed club.
Page 22 of 59
Section 23
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Council Carpark Site
Council’s carpark site was formerly home to the Noosa Tennis Club, prior to the club agreeing to
sell the land to council and relocate to council land at the club’s current site in Girraween Estate.
Council purchased the site in 1995 to construct a public carpark. The costs were met by
development contributions and a local area levy.
A boundary realignment was undertaken with the Bowls Club around the same time (effectively a
land swap), which allowed better utilisation of both sites.
ASSESSMENT
Framework for Assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they apply to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
Statutory Instruments – State and Other
State Planning Policies
The following State Planning Policies are applicable to this application:
State Planning Policy 2/02 Planning and Managing Development Involving Acid Sulfate
Soils;
State Planning Policy 1/03 Mitigating the Adverse Impacts of Flood, Bushfire and Landslide;
These SPPs have been deemed by the Minister for Local Government and Planning as being
appropriately reflected in council’s planning scheme and therefore do not warrant a separate
assessment. In addition, the recently adopted Single State Planning Policy does not apply, as it
came into effect after the application had entered the decision period.
South East Queensland Regional Plan
The site is located within the urban footprint of the South East Queensland Regional Plan. The
proposal is for urban development within the footprint and is consistent with the regional land use
intent, regional policies and desired regional outcomes.
Statutory Instruments – Planning Scheme
The applicable planning scheme for the application is The Noosa Plan (8 August 2011). The
following sections relate to the provisions of the Planning Scheme.
Noosa Heads Locality Code
The site is located in the Noosa Heads locality and is zoned a mix of Community Services and
Business Centre zones. The proposed tavern and liquor store uses are listed as inconsistent
uses within the Community Services zone and the application is, therefore, subject to an impact
assessable application process.
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Section 24
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
The following table gives an indication of the extent of the conflict raised by the development’s
component uses with the zonings of the land on which they’re proposed:
Proposed Use Community Services Zone Business Centre Zone
Entertainment and Dining Inconsistent Use N/A
Business
- Type 3 Bar (Tavern)
Retail Business Inconsistent Use Consistent Use
- Type 2 Shop & Salon (Liquor Store & Part Stage 2 (Stage 1 Retail & Part Stage 2
Retail) Retail)
Commercial Business - Type Inconsistent Use Consistent Use
1 Office (Part Stage 2 Commercial) (Stage 1 & Part Stage 2
Commercial)
Education - Type 3 Adult Consistent Use Consistent Use
Multiple Housing Inconsistent Use N/A
- Type 4 Conventional (Units)
The table indicates the proposal involves a mix of consistent and inconsistent uses within the
site’s split business and community zonings.
Overall, the new outward-facing strip retail shopping extension to the Noosa Fair shopping
complex is consistent with the planning scheme expectations and the developed pattern of the
Business Centre zone.
In regard to the Community Services zoned land, the Noosa Heads Locality Code seeks the
following overall outcomes for the zone:
9.8.2 (t) For the Community Services Zone—land for Community Uses and Infrastructure Uses—
i) is protected and managed to enable the efficient and timely delivery of such uses;
ii) provides for the infrastructure, indoor recreation, education, social and safety
needs of the local community, including people with special needs, such as the
elderly, children, low-income earners and disabled persons; and
iii) includes housing and short term accommodation for people with special needs
such as the elderly and budget travellers;
The development proposal is clearly a major departure from the planning scheme expectations
for the Community Services zone, as the application effectively seeks to have the Bowls Club site
considered as an extension to the Business Centre zone.
The applicant acknowledges the conflict with the zoning and the requirement under section 326
of the Sustainable Planning Act for it to demonstrate sufficient grounds to overcome the conflict
with the planning scheme. To this end, it submits the following grounds in favour of the
development:
Page 24 of 59
Section 25
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
The proposal is supported by the Noosa Junction Placemaking Strategy and will deliver the
key outcomes identified for the site by the Noosa Junction Placemaking Master Plan at no
cost to Council or the community;
There is a community need for the proposed development (as demonstrated by the Retail
liquor and hotel needs assessment);
The proposal will result in economic and social benefits including increased shopping
choice, amenity and convenience and additional employment opportunities;
The continued use of the bowls club use is no longer viable on the site and will cease
regardless of this application in May 2015. The retention of a bowling green or constructing
a new synthetic green was investigated as part of the proposal and it was determined that it
is not financially viable for the Noosa Bowls Club to service a green on this site even in a
downsized format;
The proposed use and development form, scale and character is consistent with and
compatible with the surrounding Noosa Junction business centre zoned lands;
The proposal will not compromise the overall outcomes for the Noosaville Locality or
Desired Environmental Outcomes of the planning scheme;
The planning scheme has been partially overtaken by events, for the reasons identified
above.
The applicant submitted an Economic Needs Report in relation to the proposed commercial uses.
Council engaged an Economic Consultant, Jon Norling of Norling Consulting, to undertake a peer
review of the applicant’s needs assessment.
The applicant’s grounds are assessed in further detail in the sections that follow Community
Services Zoned Land.
The Noosa Bowls Club site is currently zoned Community Services under the Noosa Plan, largely
in recognition of its existing use as a Bowls Club. Across Noosa, bowls clubs were generally
zoned Open Space Recreation, however, in Noosa Junction (and in Pomona) where located in or
immediately adjacent to the centre, the Community Services zone was applied in recognition that
other community uses may become appropriate on the land in an effort to reinforce the
community hub.
The Bowls Club site’s Community Services zoning currently provides for the development of
community uses, commercial medical uses and retirement / special needs housing.
The applicant has attempted to address the loss of community zoned land in Noosa Junction
however John Norling’s peer review states it has “not adequately demonstrated the community
would not be disadvantaged by the loss of community zoned land”. John Norling’s report states
“the letter from KHA Development Managers dated 18 September attempted to deal with this
issue by claiming that the Club was unfinancial, would close in any case and the fact that the
land could be developed for a Retirement Village eroded its ability to continue to provide a
community service. These arguments are considered weak, particularly given that there has
been no assessment as to whether the existing supply of Community Services (education,
emergency services, open space, health, social, religious and funeral) facilities at Noosa Junction
is considered adequate or not.”
To determine the future use of this site an assessment is required as to the current and future
demand for Community Facilities in Noosa Junction generally, and specifically for the Bowls Club
site.
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Section 26
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
The Bowls Club was under increasing financial strain for some time before the sale of the site.
Other land uses including mixed use multistorey retirement resort with bowling club and retail
uses were canvassed by the Club prior to selling to Coles but not pursued.
The use for a Bowls Club is no longer viable or an ongoing option under the current ownership
and contract arrangements. It is recognised the Bowls Club provides a sport and recreation
facility for the community, however, the club facilities are a private operation servicing paying
members and are not accessible to the general public.
The Social Infrastructure Strategy adopted by Sunshine Coast Council does not specifically
identify the Noosa Bowls Club site as accommodating community facilities and services, now or
in the future. Nor does it identify a need for additional land for community facilities in Noosa
Junction. The Strategy states that “due to the forecasted relatively low population changes
expected in Noosa Heads, the current facilities are expected to continue to meet the needs of the
community”.
Use of Retirement and Special Needs housing, allowed in the Community Services zone is under
increasing demand particularly as the local population is aging and a relatively high proportion of
Noosa residents are already over 65. While allowed in other zones, there is realistically very
little land remaining in a suitable zone for this use, particularly in a location within walking
distance of supermarkets, personal services, medical centres, community facilities, entertainment
and dining and public transport. This could be considered a missed opportunity; however, it is
difficult to direct a particular use on private land without a public/private partnership arrangement.
The Open Space Strategy 2012 identifies a shortfall of 2 local recreation parks (1.3ha) in Noosa
Heads to support the development of a Community Hub in Noosa Junction. The Strategy
suggests the following “Future Directions” for the area:
consider opportunities to establish two local recreation parks through embellishment, trail
co-location and potential land exchanges. One of these would support the development of
a community hub in Noosa Junction
consider opportunities to improve performance of existing recreation parks
It is unclear if the shortfall has been, or would be, met by the recent upgrades to community
spaces in the town centre. The shortfall may also be met through the proposed improved visibility
and accessibility of the 5.7ha at Pinaroo Park, through this application.
The Place Making Strategy identifies the Bowls Club site and Noosa Fair site as having
redevelopment potential. In particular the Bowls Club site was identified as having potential
commercial and residential opportunities, given the status of the Bowls Club operations. The
Strategy also identified the need to take better advantage of the large 5.7ha of land at Pinaroo
Park on the edge of the town centre by creating a new access road to the Park through the
extension of Arcadia Street and Pinaroo Way including pedestrian and cycle ways in a green
highly landscape setting.
In summary, it is considered the zoning of the Bowls Club site could be reconsidered for the
following reasons:
despite the Community Services zoning, the site was not accessible to the general public;
the Bowls Club site was identified as a possible redevelopment opportunity for a range of
uses by the Place Making Strategy, including residential, community and commercial uses;
the Bowls Club site is located within the business centre and could form a logical extension
to the centre with a range of commercial, retail, community, entertainment and dining,
residential uses and civic/community space; and
Page 26 of 59
Section 27
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
the site is large and provides a significant opportunity to create greater permeability and
connections in the centre from Lanyana Way to Noosa Drive and draw in Pinaroo Park to
the town centre.
While the applicant has not clearly identified the impacts on the community from the loss of
community zoned land, it is considered that the redevelopment of the site and achieving the
outcomes of the Place Making Strategy, including the creation of a new road and access to
Pinaroo Park and Noosa Drive and the securing of civic/community space on the site would
create community benefit.
Economic Need
The applicant submitted an Economic Needs Report in relation to the proposed commercial uses
(titled “Retail Liquor & Hotel Assessment”). The report considers the economic impacts and
benefits likely from the development. Some of the key aspects identified in the assessment
include:
A primary trading catchment comprising Noosa Heads, Noosaville and eastern beach
suburbs south to Castaways Beach and having a population of roughly 13,000 people.
A secondary trading catchment extending west to Tewantin, southwest to Doonan and
southeast to Peregian Beach.
Ten small-format retail liquor stores currently exist in the primary catchment area, notably
the majority are either Wesfarmers or Woolworths outlets.
A further ten small-format retail liquor stores are located in the secondary catchment area,
with at least six of these being either Wesfarmers or Woolworths outlets;
Only one large-format liquor store exists in the area, being the 1,200m2 Dan Murphy’s store
located in the secondary trading catchment area.
A number of hotels/taverns, nightclubs, sporting clubs and the like are located in the area,
though the primary tavern competitors are likely to be the nearby Sogo Bar and Noosa
Reef Hotel.
The proposed office/professional floor space is well located to cater for a portion of the
future employment and professional needs of Noosa’s population as it grows toward
projections.
The applicant’s needs assessment makes the following findings:
The development of a big box (large-format) liquor store will primarily compete with the
existing Dan Murphy’s store and provide increased choice and competition to the area,
while having minor impacts (in the order of 7% reduction in spending) on smaller retail
outlets in the area.
Sales for all stores are expected to continue sales growth post this period, with stronger
potential for an improved tourist and visitor sector post the recent decline in tourist numbers
over the past few years.
The development will generate significant employment and economic activity in its
construction and operation stages, with 63 net jobs likely in the centre once operational and
a further 25 jobs in the broader economy.
The proposed 800sqm of retail floorspace represents approximately 37% of additional
demand likely to be generated by 2015 and 10% of the demand likely to 2020. Retail trade
impacts on the trading area are likely to be relatively minor and offset by growth in demand
and overall improvements to the Noosa Junction precinct posed by the proposal, which will
increase its appeal to customers.
The tavern use will substantially transfer demand previously met by the licensed bowls club
and should not result in significant impacts on any one competing facility. Growth in
tourism and improved economic conditions will also serve to offset trade impacts.
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Section 28
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
The office/education component of the proposal is relatively small and will serve to
compliment the non-retail function and employment provision within Noosa Junction.
Council engaged an Economic Consultant, Jon Norling of Norling Consulting, to undertake a peer
review of the applicant’s needs assessment. Mr Norling’s review found a number of
shortcomings with the applicant’s assessment methodology but, overall, agrees with the findings.
In particular, Mr Norling agreed with the following findings:
The more successful and incumbent Dan Murphy’s large liquor barn would significantly out-
trade the proposed First Choice large liquor barn.
The proposal would provide a community benefit [via increased competition and
convenience of the commercial uses and overall enhancement of the function of the
centre].
The proposal would increase the provision of employment at Noosa Junction.
The proposal would not cause undue impacts to the roles and functions of competing
centres.
Mr Norling provided his own further opinion on the merits of the proposal, he states:
It is our general assessment that there is a modest to strong level of planning need for the
proposed facilities and that the proposed development would not significantly adversely
affect the centre hierarchy or unduly impact upon the provision of services currently
available to the public in this area [assuming that council will separately consider whether
there is a need to retain the land for community purposes]. Reasons for this view are as
follows:
Hotels/taverns (defined as Commercial Hotels by the Office of Liquor and Gaming
Regulation) in Queensland are typically provided at the rate of about one for every
2,500 resident persons. However, this rate can vary from about one per 5,000
residents in a dormitory residential neighbourhood to much less than one per 2,000
persons in CBDs and tourist centres. In the defined Trade Area of about 35,000
persons, there are eight hotels/taverns, providing a ratio of one per 4,375 residents.
Despite an aged residential population (having a lower retail spend on alcohol), this is
an established tourist destination that is able to support more than the existing eight
hotels/taverns. Whilst a point not made by the updated Retail Liquor & Hotel
Assessment, I note that some of the existing eight hotels/taverns provide less than
the usual range of facilities, further supporting the provision of the proposed tavern.
Whilst all hotels/taverns should cater for the sale of packaged alcohol, there is
insufficient market support for each of them to provide a large liquor barn. These
large liquor barns service a much larger catchment than a single hotel/tavern.
Typically, one finds that most hotels/taverns provide only a small bottle shop attached
to their facilities and up to three detached bottle shops located within shopping
centres nearby. Consequently, it is usual for only about one in four or five taverns to
actually provide a large liquor barn, which offers a much greater range and may
typically also offer more products at discounted prices. A Trade Area population of
about 35,000 persons and serviced by nine hotels/taverns (if the subject development
is approved) is sufficient to support more than just the single existing large liquor barn
(Dan Murphy’s at Noosaville). A second large liquor barn operated by an operator
different from Dan Murphy’s can be expected to improve the community’s levels of
choice, competition, range, service and pricing.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Based upon previous studies conducted by Norling Consulting, it is estimated that
Noosa Junction provides about 25,000m2 of retail floorspace and a further 25,000m 2
of office and other non-retail services. The proposed addition of 800m 2 of retail
floorspace represents an incremental increase of only 3%. At this level, the proposed
800m2 of retail floorspace would not change the role or function of Noosa Junction,
nor upset the functional relationships that exist between Noosa Junction and its
surrounding centres of the Shire Business Centre, Noosaville, Tewantin and Hastings
Street. Also considered of importance is that the plans show that the proposed 800m 2
of retail floorspace are located to provide an effective integration between the existing
Noosa Fair Shopping Centre and the proposed tavern and large liquor barn. This
contribution to integration of the elements of Noosa Junction is considered to be a
positive outcome for the community.
The proposal to increase the office and other non-retail floorspace at Noosa Junction
by about 6% should be welcomed by Council, as it would contribute to the
achievement of Council’s overall goals of accommodating non-retail employment in
the Noosa area and it would not be viewed as adversely impacting upon the role and
function of the Shire Business Centre.
Council’s Economic Development unit also provided the following comments on the proposal:
In terms of the best use of limited land available for development in the Noosa Junction
precinct, this type of development may not be the preferred type to deliver on the strategic
goals of the former Noosa Council and, more recently, Sunshine Coast Council, which
were to enable/support the development of a more diversified economic base that is more
resilient to economic fluctuations. The application does, however, deliver on elements of
the Noosa Junction Master Plan and the additional retail floor space, increased
commercial/office and residential uses, the addition of a key anchor tenant to the Noosa
Junction Activity Centre and the improved shopping environment that should result, will
assist the precinct to maintain and strengthen its position in the retail hierarchy.
An informal survey of Noosa Junction retailers was conducted by the Town Centre Officer
and, while by no means exhaustive, it did not identify any significant objections from traders
in the precinct to the proposal.
Residential Component
The provision of the residential component within the mixed-used proposal is considered to be
desirable in achieving some of the planning aspirations for Noosa Junction. Notably, The Noosa
Plan has provided for shop-top housing within Noosa’s business zones since 2008 amendments.
The intent was to encourage small units for employee dwellings with high levels of accessibility
that would activate commercial areas and reduce dependence on car travel. Similarly, the
Affordable Living Strategy seeks to provide housing diversity, including smaller and more
affordable housing options, in proximity to services and facilities. The Noosa Junction
Masterplan also seeks to generate some population density within the commercial precinct to
increase activity.
Overall outcome 9.8.2 (t)(iii) for the current Community Services zone states that uses will:
Include housing and short term accommodation for people with special needs such as the
elderly and budget travellers;
Such uses might include public or subsidised housing and, while not proposed here, the
provision of modest, more affordable dwelling units partly aligns with this aspiration.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Overall Outcome 9.8.2 (s)(ii) for the Business Centre zone states that the zone:
Incorporates a mix of business uses and upper level employee housing which reduces
commuting pressures and creates a vibrant environment with opportunities for both day
and night time casual surveillance.
Unfortunately, no shop top dwellings have been developed in Noosa Junction since the changes
to The Noosa Plan. The proposed residential unit building of 26 x 1 and 2 bedroom small units
(up to 86m2) would provide well-located small dwellings within the centre and assist in achieving
the planning scheme aspirations for activation of the business centre. The orientation of the
building toward Pinaroo Park (with potentially upgraded playground facilities) also provides an
important casual surveillance function for that area.
Noosa Junction Placemaking Strategy
Sunshine Coast Council endorsed the Noosa Junction Placemaking Strategy, also referred to as
the Noosa Junction Masterplan, in September 2010. The masterplan was prepared by
consultants Place Design Group and identifies opportunities and constraints for future
development of the area. Extracts from the masterplan are included as Attachment 4.
The masterplan includes the subject site and is the document that formally introduced the
concept of a new link road from Lanyana Way through to Noosa Drive. The masterplan makes
the following key findings that relate to the new Pinaroo Way link road:
The Noosa Junction centre does not currently reflect the surrounding natural landscape - it
is not attuned to its amazing natural setting. In addition, there are few quality public spaces
throughout the centre. A key opportunity exists to create a ‘green plaza’ by extending
Arcadia Street, through to the northern side of Sunshine Beach Road and south to Pinaroo
Rotary Park, to link disparate elements, bring nature into the centre and provide an
identifiable community space.
Noosa Junction is privileged to adjoin quality natural assets of Pinaroo Rotary Park and
Noosa National Park, however, the interface with these parks is extremely poor, with few
linkages or references acknowledging the quality of the adjacent natural experience. There
are opportunities to improve the frontage and interface along Pinaroo Rotary Park and to
physically link the walking trails in Pinaroo Rotary Park and the adjacent section of Noosa
National Park to Noosa Junction centre.
A new link road between Noosa Drive and Arcadia Street, running alongside the northern
boundary of Pinaroo Rotary Park, has been identified as a way of enticing and attracting
people into the heart of Noosa Junction, whilst also activating the Pinaroo Park edge.
As such, the application is supported by the masterplan and specifically responds to
opportunities it identifies. In particular the proposal delivers, or has the potential to deliver, the
following aspects sought under the masterplan:
Construction of Pinaroo Way link road
Low speed street environments
Shared pedestrian zones / extension of the Arcadia Street pedestrian zone
Active frontages to the Arcadia Street end of Pinaroo Way
High quality streetscape inclusions and materials, finishes, furniture, lighting, way-finding
and public art
Strong pedestrian and cycle links
Activation and improvements to Pinaroo Park
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
It is agreed that Pinaroo Way could provide a significant potential benefit to the local area and the
community generally. Pinaroo Park has had a poor history of public use often marked more by
delinquency and misuse more so than utilisation by the broader public. For the most part, the
park is out of site and poorly connected. This has resulted in its underuse and belies its proximity
to Noosa Head’s commercial hub and its potential as a community asset. The creation of
Pinaroo Way provides an opportunity to activate the park and a planning ground in favour of the
application.
The masterplan also introduces the potential for a possible land swap between the Bowls Club
site and Council’s carpark site to provide for the new Pinaroo Way construction, though it does
not explore the feasibility or associated issues.
Proposed Land Swap and Loss of Council Carpark
The application involves council land, being the carpark site at 29 Lanyana Way (Lot 2
RP889596). This property is zoned Business Centre and is owned freehold by council. The
application proposes that council’s land is subsumed into the development and in return the
applicant will construct Pinaroo Way to council’s standards and dedicate it within road reserve at
no cost to council.
The applicant has provided an indicative cost of the construction of Pinaroo Way, as shown on its
plans, of $3,768,307 excluding GST. This is consistent with estimates by council’s Property
Officer and indicates the significant cost in providing the link road. Council’s Property Officer also
engaged valuers, CBRE to value council’s land, with the valuation in October 2013 being $1.0M.
In terms of the land swap, the car park site has an area of 3,979m 2 and the applicant proposes to
dedicate 5,942m2 as road reserve.
The applicant has also indicated its willingness to contribute to an upgrade of Pinaroo Park and
construct a new amenity block to replace the existing amenities block lost toward the Noosa Fair
frontage. These types of works would represent a significant benefit to the community,
particularly if:-
Construction of Pinaroo Way is completed to a very high standard via the provision of a
low-speed, quality streetscape in accordance with the Noosa Junction Masterplan that
focusses on pedestrians and cyclists and provides an engaging environment that the
community can be proud of and provides spaces that the can be considered as “urban”
open-space assets in themselves.
Contribution is made for a significant upgrade to facilities within Pinaroo Park to achieve a
playground of the standard sought by the Noosa Junction Masterplan. The masterplan
suggests “Cockatoo Playground” would be of a district-standard and supported by new
shelters and barbeques. Such a facility could be a community asset that would be well
utilised and serve to offset the loss of community zoned land. The applicant has indicated
a willingness to contribute these works.
Construction of (or contribution toward) a new amenity block will offset that lost toward the
frontage Noosa Fair under the proposal. Should council agree to upgrade Pinaroo Park it
would seem appropriate to locate the amenity block in that area. The applicant currently
suggests an amenity block in this location on its plans.
Additional carparks are dedicated to public road reserve to offset loss of public car spaces,
as detailed later in this report.
Substantial advanced tree plantings (say 1,000 litre specimens) be provided to offset tree
removal required by the development and to assist with the early establishment of the
green streetscape sought by the masterplan.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Public art is provided within the streetscape, as anticipated by the applicant’s submitted
landscaping plans and the Noosa Junction Masterplan.
The current draft Infrastructure Agreement provided by the applicant only effectively provides for
the creation of the road corridor and does not include the construction of the road, contributions
to Pinaroo Park upgrade or any other works. These type of works and arrangements would be
most appropriately addressed through an Infrastructure Agreement to make clear the obligations
of both parties. Their inclusion in an infrastructure agreement would also allow a holistic
assessment of the community benefit posed by the development
Impact on Public Parking
Overall, the development provides sufficient car parks to meet the demand it will generate and
provides a modest surplus of further on-street car spaces within Pinaroo Way (45 spaces shown
on the applicant’s plans). Council’s carpark currently provides 125 unrestricted spaces and the
ability of Noosa Junction to accommodate the net loss of approximately 80 spaces must be
considered.
The Noosa Junction Masterplan’s Car Parking Strategy anticipates the loss of the carpark to
create Pinaroo Way but makes the caveat that:
The creation of Pinaroo Way (the new link road) will mean the potential loss of parking in that
location, but this will be offset by improved access to The Junction and future car parking to be
included as part of the development of key development sites including Noosa Bowls Club and
Noosa Fair. The aim of the Strategy is to have no net loss of car parking throughout the precinct.
Since no parking studies had been undertaken in the area in recent times, the applicant was
asked to provide a survey for Noosa Junction, which it undertook on Thursday 14th and Saturday
16th November 2013. The study concludes that demand for long term parking spaces can be
accommodated elsewhere in the Junction. Staff observations of the area over time generally
concur, with the following noted:
Council’s Lanyana Way carpark is often 50-80% occupied, so is relatively well utilised. It is
understood that many Noosa Fair employees are directed to park here. It is likely that other
Noosa Junction employees also use the unrestricted parking.
Both public carparks at The J and the Transit Centre are underutilised and are rarely 50%
occupied.
The Banksia Avenue (Cinema) carpark is well utilised and should not be considered as
providing excess capacity.
A review of many historic aerial photographs over the last two years on the Nearmap website
reinforces these observations, with the only anomaly being at the time when the Noosa Fair
carpark was closed for redevelopment.
Council’s consultant traffic engineer, Colin Beard, provided the following opinion:
I suspect that, [since the construction of] Noosa Civic, the Junction has enough parking for all but
the very busiest days of the year. The issue is more likely to be convenience, with the more
remote car parks needing to be used on a regular basis rather than only occasionally.
Overall, it is considered that there is sufficient capacity in Noosa Junction to cater for the net loss
of public parking proposed - in particular at The J and Transit Centre carparks. The location of
these may not be as convenient but the loss of the Lanyana Way carpark could be further offset
by the following:
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Section 33
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
The applicant proposes access easements over 43 car spaces toward the southwest of the
site to allow access to Noosa Fair and future Lot 2 customers and employees (see
easements B & C on Attachment 3). The parking in this area could reasonably be
dedicated as road reserve, thereby securing public access but still allowing for the
associated development.
Substantial bicycle and moped/motorbike parking can be included in the development to
encourage alternate transport modes. Council’s Transport Infrastructure unit has also
indicated shared zones that extend into pedestrian areas (without the need to mount a
kerb), provide additional opportunities for increased formal or informal moped parking and
this could encouraged.
Traffic & Transport
In strategic terms, the proposed new road is not essential to the overall performance of the
Noosa Junction precinct, as completion of the arterial road network (Eenie Creek Road Stage 3,
etc.) has reduced traffic volumes and current levels of service are acceptable at the various
intersections servicing Lanyana Way / Sunshine Beach Road and Noosa Drive. A road in this
location has not been sought by Council’s Transport area or identified on any of the previous
Transport Forward Plans as an essential connection. While the road is identified in the Noosa
Junction Placemaking Masterplan, this was generally serving different strategic needs to those of
pure network efficiency outcomes.
However, the proposed new road will improve permeability into the site and assist with dispersing
traffic generated by the development. If the planned road and supporting active transport
networks are delivered to an appropriate standard, the new road will have a positive effect on
assisting cycle and pedestrian traffic through the Junction precinct into key attractors.
The risk that must be managed is the new road must not become a convenient ‘rat run’ and the
provision of a ‘naked street’/slow speed environment that provides greater amenity to walking
and cycling movement is crucial to the overall performance of our current road network.
Land Use and Works Provisions
The following codes which regulate land use and design are applicable to this application:
Noosa Heads Locality Code
Business Uses Code
Community Uses Code
Engineering Works Codes
Landscaping Code
The application has been assessed against the above codes and found to be compliant with, or
can be conditioned to comply with, each. The pertinent issues arising out of assessment against
the codes are discussed below:
Discussion
Noosa Heads Locality Code
Built Form Provisions – the code includes built form limits for development in the locality. It is
appropriate to consider the entire site against the provisions for the Business Centre zone.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Code Provisions Proposed Complies?
Population 501 persons 57.5 persons
Density
Site Cover No Limit
Height in 3 storeys 3 storeys
Storeys
Height in Metres 12m 11m
Setbacks Nil 5m
Roof Form 5% pitch Buildings generally comply, with the X
Min. 75% eaves exception of the liquor store.
Landscaping 10% Softscaping Approx.16% softscaping
In regard to roof form, all new buildings provide pitched roofs with substantial eaves, with the
exception of the liquor store. Conditions may be imposed to ensure that pedestrian awning,
arbours and landscaping are included to provided visual interest and soften its presentation.
Business Uses Code
Noise
The applicant submitted an acoustic impact assessment to address the requirements of the
Environmental Protection (Noise) Policy 2008. The primary noise sources associated with the
development use will be:
Continuous steady noise from mechanical plant and equipment such as air conditioning
and refrigeration equipment
Intermittent transient time varying noise from truck load out and delivery and waste
collection, car doors, patron noise.
Intermittent transient noise from trucks and fleet traversing local roads and trafficable
areas.
Amplified Music and Entertainment Noise from the use of the tavern.
The acoustic impact assessment has utilised assessment methodology in accordance with the
DEHP Guideline: Planning for Noise Control. The acoustic impact assessment was assessed
against the relevant criteria in the Environmental Protection (Noise) Policy 2008, the relevant
sleep disturbance criteria, and the Office of Liquor & Gaming Regulation (OLGR) noise criteria.
The outcome of the assessment has established compliance with the specified limits, with the
exception of some noise types at specific times of the evening and night time periods. The noise
control measures outlined in the noise impact assessment report can be applied to control noise
emissions in order to meet the relevant criteria and would ensure acceptable levels of amenity for
residents in the area. In particular, the tavern building is identified for significant acoustic
upgrades as part of the refurbishment. Upgraded insulation to the façade, glazing and roof will
significantly improve the buildings acoustic attenuation.
Noise from amplified music and entertainment in the outdoor beer garden area will result in levels
at 8 dB (C) above existing ambient background levels based on the application of the OLGR
criteria. This may result in nuisance complaints where extended hours of operation of the tavern
are approved and the use of this area is for amplified entertainment. A condition would need to
be applied to restrict the use of this area to daytime and evening periods only, with it to be closed
after 10pm.
Outdoor Dining
The active frontages proposed to Pinaroo Way will abut the road boundary and provide
opportunities for outdoor dining. Further details of possible locations and shade structures
should be considered at operational works assessment stage.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Bicycle parking
Bicycle parking is proposed beside the tavern and under the commercial building and substantial
areas within Pinaroo Way providing opportunity to add more, which could be addressed at
operational works assessment stage.
Residential Uses Code
The residential unit building does not raise any significant conflicts with the code and conditions
may be applied to address hot water systems, visitor parking, waste and residential storage.
Driveways & Parking Code
The applicant submitted a Traffic Engineering assessment detailing car parking provision, which
has been reviewed by council officers and council’s consulting traffic engineer, Colin Beard. The
parking provision across the proposed allotments (including the existing shopping centre on Lot
54) can be summarised as follows:
Lot Description Generated Parking Provision
Parking
Demand
54 Noosa Fair Retail 405 spaces 382 spaces total on Lot 54
Shopping Centre
Lot 1 Tavern & Liquor 95 spaces 139 cars and 10 motorbikes (eq. 2 cars)
Outlet = 141 spaces total on Lot 1
Lot 2 Retail & 58 spaces 36 cars + 11 motorbikes (eq. 2 cars)
Commercial = 38 spaces total on Lot 2
Lot 3 Residential Units 33 spaces 33 spaces (39 actual spaces provided but
surplus ignored)
Sub-Total: 591 spaces 600 spaces
Pinaroo - 45 spaces approx. total (applicant’s plan)
Way Road
Reserve
Total: 645 spaces
Easements B & C are proposed over 43 spaces on Lot 1 to address demand generated on Lots
2 & 54 respectively.
The development provides sufficient carparks to meet the demand it generates, with a further
surplus of on-street parking of 45 spaces provided on Pinaroo Way (though some may be lost in
achieving a high quality streetscape). The proposed parking provision is acceptable when
considered in isolation but the net result for public parking in the area is a loss of at least 80
spaces.
Water Sensitive Design Code
The Integrated Water Management Plan submitted by the applicant has some aspects that must
be amended prior to approval but it is considered that the development can achieve the
requirements of the Code, subject to appropriate conditions.
Landscaping Code
The landscaping concept plans indicate the retention of some mature tree species, where
unaffected by the proposed works. The retention of trees to the Pinaroo park interface will
provide a mature vegetated buffer between the two uses, while permitting passive surveillance of
the park areas. The provision of advanced local native species to the Pinaroo Way would
enhance the natural landscape character of the area while providing additional biodiversity
values. The use of advanced plantings will soften the built form of the development, provide
shading to paved surfaces and assist in achieving the aims of the masterplan to deliver Pinaroo
Way as a green plaza.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
A further operational works application would be necessary and the final design must incorporate
advanced plantings throughout the development, retention of existing mature viable tree species,
protection of significant vegetation within and adjacent to Pinaroo park in order to reinforce and
enhance the local landscape character of the site.
Overlay Provisions
The following Overlays are applicable to this application:
Environmental Enhancement Area
Medium Bushfire Hazard Area
Low Potential Acid Sulphate Soils Area
The application has been assessed against each of the applicable overlay codes and found to be
compliant with, or can be conditioned to comply with, each. The pertinent issues arising out of
assessment against the codes are discussed below:
Code Discussion
Biodiversity The road connection through Pinaroo Park to Noosa Drive will affect some
Overlay Code trees mapped as Environmental Enhancement under the code. The layout
of the road in this location will need to be carefully considered to minimise
tree removal and earthworks generally. A relatively open area route is
available that should retain a stand of Callitris pines and other trees to the
north. Any tree removal could also be offset by new plantings, either
within the road reserve or Pinaroo Park.
Natural Hazards The site is mapped as a medium bushfire hazard area but, due to its urban
Overlay Code location, is not considered to be at risk of wildfires or require additional
vegetation setbacks beyond those proposed.
CONSULTATION
IDAS Referral Agencies
The application was referred to the following IDAS referral agencies:
Concurrence
Department of Transport & Main Roads
The department is a concurrence agency for Public Passenger Transport matters, as the site is
within 400m of a public transport station (Noosa Transit Station). The department requested
additional information from the applicant on 12 June 2013. The applicant provided a response on
18 September 2013. The department provided its concurrence response by letter dated 17
October 2013 providing conditions to attach to any approval. The conditions require the
provision of a taxi/setdown area at the entrance to Pinaroo Way in lieu of a bus stop as originally
proposed by the applicant.
Other Referrals
The application was forwarded to Unitywater and the following internal council specialists:
Development Engineer, Engineering and Environment Assessment
Hydraulics and Water Quality Specialist, Engineering and Environment Assessment
Landscape Officer, Engineering and Environment Assessment
Environment Officer, Engineering and Environment Assessment
Ecology Specialist, Engineering and Environment Assessment
Page 36 of 59
Section 37
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Urban Designer, Planning Assessment Branch
Team Leader, Transport Infrastructure Management
Technical Officer, Transport Networks & Innovation
Economic Development Officer
Property Officer
Their assessment forms part of this report.
Public Notification
The application was publicly notified for 15 days in accordance with the requirements of the
Sustainable Planning Act 2009. 97 properly made submissions and 12 not properly made
submissions were received. 3 submissions were petitions objecting to the development that
included a total of 320 signatures. Two objections were received from community groups –
Noosa Residents & Ratepayers Association and Noosa Parks Association.
The following table provides a summary and assessment of the issues raised by submitters.
Issues Comments
Recreational land required not more While council’s open space strategy suggests a need
shops. for an additional recreation park in the area, it is
considered that the development can contribute to
community spaces via activating and upgrading
Pinaroo Park and providing a new pedestrian and
cyclist friendly streetscape within Pinaroo Way.
Object to loss of open space. See above.
Lack of any real green space in the See above.
proposal.
A future operational works application would also be
required to demonstrate a satisfactory landscaping
design for the site.
The uses conflict with The Noosa Agreed. This report seeks to address the issues
Plan. associated with the conflicts with the community
services zone of the Bowls Club site.
No Infrastructure Agreement has been Agreed. An Infrastructure Agreement negotiated
provided as requested by Council, between the parties is needed to demonstrate the
and it is difficult if not impossible for overall community benefit of the proposal.
members of the community to
determine whether the outcomes in
terms of a land swap with Council,
and the value of the land to be
swapped, are to the advantage of
Council and the community or
otherwise.
Insufficient planning grounds to A number of grounds are identified in the
overcome the conflict with the development’s favour but the overall community
planning scheme. benefit needs to be further considered with the
provisions of a future draft Infrastructure Agreement.
Does not adequately compensate the See above
community for the loss of public land,
alienation of open space and
recreation both within Pinaroo Park
and the existing bowling green.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Issues Comments
Fails to respect the intent of the The application acknowledges this and seeks to
existing zoning by providing purely demonstrate sufficient grounds to overcome the
commercial facilities in an area conflict with the zoning.
identified for community purposes.
Object to the loss of the bowls club. It is agreed that the loss of the bowls club is
unfortunate but all evidence suggests the club is
financially unviable.
A smaller bowls club should be Such a requirement could not be mandated via
retained in the development, e.g. 2 conditions of approval and would need to be
greens. proposed. The applicant indicates that it explored
this option but it was not found to be viable.
Object to the Sunshine Coast Council The application will be decided by Noosa Council.
making this decision and not the
Noosa Council.
No demand for further liquor stores. It is agreed that there is not a strong demand for an
additional liquor store. The provision of another large
format store in the area will primarily serve to provide
further competition, choice and convenience, with it
chiefly competing against the existing Dan Murphy’s
store.
Vacancy rates in Noosa Civic andThe Noosa Junction Traders Association listed the
Noosa Junction are 13% & 12% vacancy rate at 9.2% in November 2013. Previously
respectively. The proposal is likely to
they listed the vacancy rate for January 2010 at
impact on the protected primary status
2.6%, 5.7% in June 2010, 8.4% in November 2012,
and function of Noosa Civic. and 9.2% in November 2013. While this shows an
increasing vacancy rate over nearly four years the
No demand for further shops and figures have been collected, this period has coincided
commercial tenancies. with the GFC and major changes in the retail
environment.
Council’s economic consultant indicates that the level
of commercial space proposed is modest and should
not be considered to cause undue impacts that are
not offset by the potential benefits to the area.
No analysis that the community and It is agreed that the application material has not
recreational uses are adequately addressed this issue. Council’s Strategic Planning
catered for elsewhere in the shire. unit has provided assessment that indicates no
existing or future demand for public community
facilities is identified for this site.
The use of the site for aged care, retirement or
special needs housing is a potential lost opportunity
on the site.
The educational uses on the site are Agreed. This is a potential future use only and offices
unknown and unconfirmed. are also proposed as an alternate use.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Issues Comments
No need for further units in Noosa. Disagree. 26 units will not depress Noosa’s property
The proposal will further depress the market. The provision of small dwelling units (63-
property market. 86m2) is considered a positive aspect of the
development, as detailed in this report.
Residents in the new unit building are The unit building “turns it back” on the tavern and
likely to suffer noise impacts from generally avoids openings on that elevation. The
tavern. submitted acoustic assessment confirms that noise
can be adequately addressed, though use of the beer
garden would need to be limited to 10pm.
Noise impacts on nearby residents. Noise impacts have been assessed and are
acceptable subject to appropriate conditions.
Noisy air conditioners will affect This aspect has been assessed and should not cause
Cooloola Hill residents. impacts. Conditions may be applied to enforce
compliance and would require certification of noise
levels on completion of the development.
There are 3 existing bars in the area. While there may not be an overwhelming need for a
tavern, the long standing operation of the licenced
bowls club served a similar function. Council’s
economic consultant is satisfied that the tavern will
not unduly impact on existing hotels and bars in the
area and can be sustained by the catchment area.
Social impact of new tavern and liquor The tavern can generally be considered to replace a
barn similar facility previously provided by the licensed
bowls club. There are also a number of existing bars
and liquor stores in the area.
People likely to use park after This risk exists currently. The increased surveillance
drinking. and activation of the park posed by Pinaroo Way, the
residential building and any park upgrades have the
potential to improve this situation.
Development will destroy the The intent of the Noosa Junction Master plan is to
character of the area. enhance the character of the area by activating
Pinaroo Park and making it more visible. Pinaroo
Way is intended to provide an attractive new green
plaza that provides for better permeability and
legibility and extends active frontages south from
Arcadia Street, while retaining the existing small-grain
character of commercial tenancies in the area.
No evidence that the park is Disagree. General observations are that the park
underutilised or that utilisation should does not attract broad public usage but is a
be increased. significant community asset that could be better
utilised.
Page 39 of 59
Section 40
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Issues Comments
Impacts on vegetation in Pinaroo Impacts on vegetation should be limited to some tree
Park. removal to allow for the connection of Pinaroo Way to
Noosa Drive. This needs to be minimised through
careful design and might be offset by new plantings.
Impacts on flora and fauna in Pinaroo These have been considered by council’s ecologist
Park has not been assessed. and are not considered significant, with the reserve
function of the park unaffected. Conditions can be
Will impact on the remaining koalas in applied in relation to vegetation retention,
the park. replacement and rehabilitation.
Need to preserve Pinaroo Park for It is agreed that the park’s primary function should
wildlife. remain as a reserve, however, an upgrade to the
community facilities toward the Noosa Drive frontage
should be able to be undertaken without impacting on
reserve function of the balance of the park.
Loss of parkland for Pinaroo Way It is agreed that this connection has impacts on the
connection is unacceptable. park but these should be able to be minimised via
careful design of the connection and retention of
trees where possible.
The road’s role in the activation of Pinaroo Park is
considered a positive outcome.
Loss of parking space will impact on It is agreed that some impacts on the availability of
the junction. public parking are posed by the development, though
this assessment finds that there is capacity within
Noosa Junction to accommodate the loss and other
ways that it can be offset.
Proposal relocates the centre of Disagree. Primarily Pinaroo Way would improve on
Noosa Junction to Coles’ front door. the function of Lanyana Way and Noosa Junction’s
street network generally. Lanyana Way currently has
an awkward “back of house” end point at the rear of
Noosa Junction Plaza and requires a circuitous route
to arrive there.
Public Notification period was The period complied with the requirements of the
inadequate. Sustainable Planning Act.
Pinaroo Road will direct all traffic Pinaroo Way will receive some traffic that currently
away from Sunshine Beach Road. use Sunshine Beach, as the road will improve the
permeability and legibility of Noosa Junction’s street
Concern with the amount of traffic that network and shorten many trip distances to Lanyana
will use the new road and increased Way (which is currently circuitous), which is
congestion in the junction. desirable.
The critical aspect of the road design is that it must
not represent a “rat run” for traffic. This can be
achieved through a low-speed design that focusses
on the needs of pedestrians and cyclists.
Page 40 of 59
Section 41
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Issues Comments
Proposal does not include adequate Agreed. Additional measures would be needed and
traffic calming measures on Pinaroo can be addressed via agreement on the standard and
Way to avoid its use as a primary design of the streetscape.
traffic route.
The existing laneway adjacent the This is a private driveway on the Bowls Club land. It
park should not be changed. is not in public tenure and can be closed at any time.
Access and egress to Australia Post Access and egress to the development is proposed
on Noosa Drive is already unsafe. via the roundabout on Noosa Drive and would not
replicate or exacerbate the adjacent entry
arrangements.
Increase in waste and litter in Pinaroo The activation and increased surveillance of the area,
Park from the uses. coupled with an upgrade of its facilities, has the
potential to make the Park a better used and cared
for community asset.
Buildings will block sunlight to Pinaroo The residential building is 11m high and set back
Park. approximately 20m to the east of the Pinaroo Park
boundary. Any shading would only occur very early in
the morning and would fall on a vegetated section of
the park.
Development will reinforce Coles- This is not a planning consideration.
Woolworths duopoly.
The application fails to implement the Disagree. The application substantially responds to
Noosa Junction Master Plan in any the elements of the masterplan that apply to the site.
meaningful sense It is noted, however, that the masterplan does not
contemplate future uses on the majority of Bowls
Club site (with the exception being the active frontage
sought on the northern side of Pinaroo Way).
Proposes a generic, big city, built form Disagree. Following plan amendments, the primary
totally inconsistent with the look and concern is with the built form of the liquor store, the
feel of Noosa Junction. form of which can be improved by conditions.
Purchase price of the land does not This is not a planning consideration.
reflect the proposal - it reflects a
community zoning
No assessment of air quality impacts The proposed service road with the development at
from Noosa Junction Plaza loading this location has been removed and replaced by a
area on the outdoor use areas landscaped buffer.
proposed.
No significant air quality impacts are expected from
the Plaza loading area, with an outdoor area attached
to the former licensed bowls club and adjacent
bowling green having operated for years.
Page 41 of 59
Section 42
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Issues Comments
Support the development – Noosa Noted. The proposal potentially delivers benefits to
Junction needs further development to the functionality and character of Noosa Junction (in
survive. responding to the area’s masterplan) more so than
addressing a need for it to increase in size.
CONCLUSION
The proposal substantially responds to the opportunities and aspirations identified in the adopted
Noosa Junction Placemaking Masterplan, which provides significant grounds in favour of the
development. The delivery of Pinaroo Way to a high standard, with active street frontages and
the activation and upgrade of Pinaroo Park are considered to be desirable outcomes.
The development goes beyond the extent of that contemplated by the masterplan and seeks
commercial uses on land zoned for community services. Particular concern is raised by the
inclusion of a “big box” liquor store on the site. Despite this, the grounds for maintaining the
Community Services zone are not considered particularly strong, with no specific community
functions planned or identified for the site.
The proposal also involves the loss of council free hold land (the Lanyana Way carpark) and this
raises further considerations. Presently the proposal is not considered to have demonstrated
sufficient community benefit for the departure from the zone and the loss of its land. It is
therefore recommended that a final assessment be made based on the provisions of an
Infrastructure Agreement relating to the development. It is recommended that an agreement be
requested of the applicant addressing the following:
Delivery of a very high standard of streetscape construction for the new link road, Pinaroo
Way, including provision of public art and advanced tree plantings;
Provision of new playground works and community facility upgrades within Pinaroo Park;
and
Provision of additional car parks secured in public tenure (as road reserve)
Finalisation of these details will allow council to take a holistic view of the extent of community
benefit of the proposal and determine whether the application can be supported.
RECOMMENDATION
That Council:
A. Note the Preliminary Assessment Report for Application No. MCU13/0087 for a
Development Permit for Material Change of Use of Premises (Tavern, Retail Shops &
Salons, Offices, Adult Education and Multiple Dwellings);
B. Request the applicant to further demonstrate the proposal’s benefits to the community and
addresses the loss of the council owned car park at Lanyana Way; and
C. Request the applicant to provide an amended Infrastructure Agreement, which includes the
following outcomes:
1. The construction of Pinaroo Way streetscape to be provided to a very high standard,
including (but not limited to) provision of appropriate materials palettes, street
furniture, lighting, public art and advanced tree plantings;
2. Provision of a new playground (Cockatoo Playground), associated communities
facilities and amenity block within Pinaroo Park to the standard sought by the Noosa
Junction Placemaking Masterplan; and
3. Provision of additional carparks within public road reserve in preference to the access
easements currently indicated on proposal plans.
Page 42 of 59
Section 43
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
ATTACHMENTS
1. Council Owner’s Consent Letter to Applicant
2. Proposed Site Plans
3. Proposed Future Reconfiguration Plan
4. Noosa Junction Placemaking Masterplan Extracts
Page 43 of 59
Section 44
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
ATTACHMENT 1 – COUNCIL OWNER’S CONSENT LETTER
Page 44 of 59
Section 45
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
ATTACHMENT 2 (a) – PROPOSED SITE PLAN STAGE 1
Page 45 of 59
Section 46
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
ATTACHMENT 2 (b) – PROPOSED SITE PLAN STAGE 2
Page 46 of 59
Section 47
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
ATTACHMENT 3 – PROPOSED FUTURE RECONFIGURATION PLAN
Page 47 of 59
Section 48
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
ATTACHMENT 4 – NOOSA JUNCTION PLACEMAKING MASTERLPAN EXTRACTS
Page 48 of 59
Section 49
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Page 49 of 59
Community Spaces & Social Infrastructure The ‘J’ Waik is a linear public space, which provides shade through the new structure and canopy shade
tree planting. whilst other facilities would include seating. wayfinding signage. waste bin(s) and adequate
Social infrastructure and spaces for community use and benefit include flexible open spaces and public lighting to ensure the space is visible at night from passing traffic along Noosa Drive. The palette of
facilities, community space, arts and activity spaces, small enterprise incubators and affordable housing materials and finishes would tie in with the overall streetscape design for Noosa Drive, whilst the space
updos : ‘ "3 would also include integrated artwork.
The Masterplan considers ways to reinforce and improve existing community spaces and social Centre Stage Cinema Forecourt: The place to be seen before a show
infrastructure, as well as providing opportunities for new spaces and facilities throughout The Junction Centre Stage Cinema Forecourt is 2 place to dine and meet friends, activated day and night. it would
Social infrastructure items may be delivered through Council's infrastructure plans, whilst community spaces have architectural elements to complement Arcadia Street and the Transit Centre with vertical landscape
may arise from private development and other initiatives by Council and State and/or Federal Government treatments (climbers, trellis, feature lighting to building etc) and tree canopy shade, architectural feature
Contributions from developers will assist with community services, facilities, assets and networks (social lighting and lighting for night time activity. The space would accommodate outdoor dining, natural shade,
infrastructure) that are required for the quality of life and community wellbeing of the Noosa community integrated artwork and wayfinding signage, whilst the palette of materials and finishes would complement
the streetscape design and materials and finishes selected for Sunshine Beach Road, Arcadia Steet and the
Open Space and Public Facilities Transit Centre.
The Strategy aims to provide a range of flexible open space, gathering and recreation opportunities through ‘Shatches by PLACE Design Group showing potential treatments for Arcadia Street (top) and Cockatoo Playground in Pinaroo Rotary Park (Bottom) (2010)
revitalisation of existing spaces and areas within The Junction and through acquisition of new public space
dedications as part of future land developments within The Junction. £ L., ee ee
ad 2 pesnoke CEMENTS AT atADE SPREOO zone
These spaces would ideally incorporate a robust landscape design and cater for modest community tg CAO THEE n
gatherings as well as small groups and individuals. They would include seating, tee canopy shade and .
shelter, easy access to public amenities and they would be accessible and legible. The key intentions for ;
fevitalised and new public spaces in the Noosa Junction precinct include: LL. if rl
Arcadia Street: The Green Heart of Noosa Junction |} \ — N7 y/ NV V7
Arcadia Street is extended from Sunshine Beach Road to Pinaroo Rotary Park. It is a shared zone at the | at A
—
eastern end, where pedestrians are the priority. Wide pedestrian areas support al-fresco dining, seating, | (\ (4 ] a EZ th l | fi ()
gatherings, landscaping, trees and integrated artistic elements. The place is activated both day and night, i Ne, "== = | pas It in i
with commercial frontages on both sides of the street. This is the main pedestrian street and the ‘Green —————t ———
Heart’ of Noosa Junction. Architectural and artistic/creative elements and landmark plantings demarcate
the critical junctions along this space and distinguish the start and finish, reinforcing this premier space. An
entertainment stage is incorporated into the design. Sanutinte
ay —furet Serie
Cockatoo Playground and Pinaroo Way: A soft, green edge to Pinaroo Rotary Park
Cockatoo Playground, the new playground for children in Pinaroo Rotary Park, features environmental Reet. eo.
themes and interpretation, and is supported by picnic and other park facilities. Pinaroo Way is a low key. =
low speed access road, which provides a more open interface between the park and Noosa Junction. A
The ‘J’ Walk: An activated linear open space frontage to Noosa Drive Ty r ry r/
A revitalised plaza space for The ‘J' youth population and the community, featuring a bold structure/bus \} i y ir Te se Wit V Mir ie A
" a=
shelter with super graphics promoting Noosa Events, landscape treatments and space for gathering: a place 4 y 4 in ED I Py His Kolin Li ALON
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eS: mei a — Y . - , —_ cc ¥ . 3 Ds % aSection 50
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Page 50 of 59
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
PINAROO ROTARY PARK SCHEMATIC PLAN
i 4 5, ae oe a - a
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PINAROO ROTARY PARK & COCKATOO PLAYGROUND: Py / : ft on} AV Vin Way NAA A Ae My fl pes og Le -
ett VU su Ati: Meta cM TRA ih se aa
Parkland. Facitties see designed around preservation of critical
habitat and include boardwaiks, picnic shetters, interpretation, cami jeune tau thee pee oar ne
adventure lids playground and artwork to showcase nature. SECTION AA oa (nae wae fans eon) ‘ro Rae | eT
Bi m - i — e - PINAROO WAY: New one way laneway from Noosa Drive to Arcadia
J q bw last uN Street extension, located largely on exsting Bows Chub laneway, though -
vo : b \ — oo Ae
m , ‘ ¥ —— . ‘wil impact on one corner of Pinatoo Rotary Park. Pingroo Way s sow y ae
re ‘ > \ possbility of Pineroo Way being a two way road (width shown as dashed ace ie
aaa C > \ ee BOWLS CLUB: Redevelopment provides active frontage and surveiliance. ‘va E
» CU Pare Ire as ZA wwe eit : { 3 a
a | PLAYGROUND 1 eh oy SO. « 4 ¢ pe WSUD: Integrate weter sensitive urban design (WSUD) in landscape rs ‘ed “ear . YS
ri ot g adjacent to, and within, Pinarao Park to treat stormwater price to . _ oo 2
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rs - \ EY with new water quality measures. a a = ; sf 3 i EN
Z \ pied 5 “ARCADIA STREET: Extend south to provide green fnear core from Sunshine = cm, = ae =
. te A x r Beach Road to Pinaroo Rotary Park. . , bes
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Page 50 of 59Section 51
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Page 51 of 59
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
NOOSA JUNCTION PLACEMAKING STRATEGY == PLACE
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Page 51 of 59Section 52
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
4.4 TEMPORARY LOCAL PLANNING INSTRUMENT FOR VEGETATION PROTECTION
DOCUMENT INFORMATION
File No ECM/Subject/Planning Instruments & Subject/Vegetation
Author Strategic Planner
SUMMARY/PURPOSE
The purpose of this report is to:
present to Council the Temporary Local Planning Instrument (Protected Vegetation
Overlay) 02-2013;
recommend to Council to decide to make a Temporary Local Planning Instrument
(Protected Vegetation Overlay) to replace the 02-2013 version which is due to expire on
23 June 2014; and to
obtain Council endorsement for a proposed Temporary Local Planning Instrument
(Protected Vegetation Overlay) 2014.
BACKGROUND INFORMATION
On 12 June 2013 the Sunshine Coast Council adopted Temporary Local Planning Instrument No
2 (Protected Vegetation Overlay) 2013 (TLPI 02-2013).
TLPI 02-2013 was made to ensure a legal mechanism is in place to regulate vegetation clearing
on the Sunshine Coast following the expiry of Temporary Local Planning Instrument No 1
(Protected Vegetation Overlay) 2012 and in the absence of a gazetted Sunshine Coast Planning
Scheme.
The TLPI 02-2013 is implemented by the Community and Development Department, Engineering
and Environmental Assessment Branch and is due to expire on 23 June 2014. After 23 June
there will be no local government regulation in place to ensure existing provisions for vegetation
protection within Noosa continue. Consequently a new TLPI, namely Noosa’s Temporary Local
Planning Instrument (Protected Vegetation Overlay) 2014 (TLPI 2014) (Attachment 1), would
need to be adopted prior to this time.
The Sustainable Planning Act 2009 (SPA) outlines the requirements for making a TLPI and the
process is outlined within the State’s Statutory Guideline 01/13 - Making and Amending Local
Planning Instruments. A TLPI can only be made where there is a significant risk of serious
environmental harm, (or serious adverse cultural, economic or social conditions) happening in
the planning scheme area and the delay involved in using the usual planning scheme
amendment process would increase the risk.
In accordance with SPA any Temporary Local Planning Instrument is permitted to be in operation
for up to 1 year and therefore it is anticipated TLPI 2014 would expire on 24 June 2015.
A detailed appraisal of vegetation protection provisions is required. Due to the tight timeframe
and need for community consultation it is recommended that a full review be undertaken in the
following months as part of a broader planning scheme review and potential amendments.
Page 52 of 59
Section 53
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
PREVIOUS COUNCIL CONSIDERATION
At the Sunshine Coast Council Ordinary meeting held on 29 April 2013, Council passed the
following resolution (OM13/53) in relation to TLPI 02-2013.
That Council:
(a) resolve, in accordance with Statutory Guideline 02/12 - Making and amending local
planning instruments, to forward a copy of the Temporary Local Planning Instrument
(Protected Vegetation Overlay) 02-2013 to the Minister for consideration and request
the Minister’s permission to adopt the proposed Temporary Local Planning
Instrument and
(b) subject to receiving permission from the Minister to adopt the proposed Temporary
Local Planning Instrument, delegate authority to the Chief Executive Officer to, in
accordance with the Statutory Guideline 02/12 - Making and amending local planning
instruments:
(i) adopt the proposed Temporary Local Planning Instrument with or without
conditions as determined by the Minister
(ii) undertake public notification of the adoption of the proposed Temporary Local
Planning Instrument and
(iii) undertake all actions for the making and implementation of the Temporary
Local Planning Instrument including where necessary interpretive statements in
council documents.
On 12 June 2013 the Sunshine Coast Council adopted TLPI 02-2013.
REPORT
Current Temporary Local Planning Instrument
TLPI 02-2013:
sets the level of assessment for the clearing of protected vegetation, and
includes a code against which the clearing of protected vegetation is assessed.
A copy of TLPI 02-2013 is available within the Councillors Room.
At the current time any tree or vegetation removal on any freehold land within Noosa Shire is
subject to the provisions of TLPI 02-2013.
As there is no application fee involved in lodging an application it is not onerous for residents to
lodge an application. Further there are a number of exemptions listed within section 11 of TLPI
02-2013 which include:
clearing is permitted where a building approval has been granted; or
a fence is being installed; or
there is an emergency situation; or
the vegetation is within the path of a utility service; or
clearing is in the course of a forest practice or fire management activity, etc.
Page 53 of 59
Section 54
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Applications made as a result of TLPI 02-2013 range in complexity from a request to remove
single trees where infrastructure protection is the prime consideration, to larger scale clearing
associated with bushfire protection or building construction. Applications are also lodged as a
result of compliance action where the community has alerted council to clearing activities where
no application was received prior to works being undertaken.
Implementation of TLPI 02-2013 is undertaken by the Community & Development Department,
Engineering & Environmental Assessment Branch. TLPI 02-2013 is due to expire on 23 June
2014.
Relevant legislation – Provisions for making a new TLPI
The provisions for creating a new TLPI to replace TLPI 02-2013 are outlined within the
Sustainable Planning Act 2009 (SPA) and are outlined below.
The SPA outlines that a Temporary Local Planning Instrument:
is made by a local government;
advances the purpose of the SPA by protecting a planning scheme area from adverse
impacts;
may suspend or otherwise affect the operation of a planning scheme for up to 1 year, but—
(a) does not amend a planning scheme, and
(b) is not a change to a planning scheme under section 703;
may apply to all or only part of a planning scheme area.
Section 105 of SPA requires that:
A local government may make a temporary local planning instrument for all or part of its planning
scheme area only if the Minister is satisfied—
a) there is a significant risk of serious environmental harm, or serious adverse cultural,
economic or social conditions happening in the planning scheme area; and
b) the delay involved in using the process stated in the guideline mentioned in section 117(1)
to amend the planning scheme would increase the risk; and
c) State interests would not be adversely affected by the proposed temporary local planning
instrument; and
d) the proposed temporary local planning instrument appropriately reflects the standard
planning scheme provisions.
Each of these criteria is addressed below.
(a) There is a significant risk of serious environmental harm, or serious adverse cultural,
economic or social conditions happening in the planning scheme area.
Council operates the current TLPI to prevent unnecessary damage to protected vegetation
and to ensure that, where necessary, vegetation is cleared responsibly. The TLPI will expire
automatically on 23 June 2014, being twelve months after it commenced. After this time
there will be no local government regulation in place within Noosa Shire to protect vegetation
from clearing.
Without the TLPI serious environmental harm may result. Adoption of the proposed TLPI will
address this risk and extend the vegetation protection measures for a further 12 months, ie
until 24 June 2015.
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Section 55
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
(b) The delay involved in using the process stated in the guideline mentioned in section 117(1)
to amend the planning scheme would increase the risk
It is considered the process required to amend the planning scheme outlined in the Statutory
Guideline for Making or amending local planning instruments would extend beyond the 23
June 2014 expiry date.
(c) State interests would not be adversely affected by the proposed Temporary Local Planning
Instrument; and
The new TLPI 2014 has been prepared based on the current TLPI 02-2013 which was
previously approved by the Minister for adoption by the Sunshine Coast Council. Therefore it
is highly unlikely the State would consider its interests to be adversely affected by the
proposed Noosa Council TLPI 2014.
(d) The new Temporary Local Planning Instrument appropriately reflects the standard planning
scheme provisions.
The standard planning scheme provisions, being the Queensland Planning Provisions, are
applicable to new planning schemes made under the Sustainable Planning Act 2009. The
Noosa Plan was made under the former Integrated Planning Act 1997. Nevertheless regard
was given to the standard planning scheme provisions in the preparation of the TLPI 02-
2013 and these have been carried over into the TLPI 2014 as no change has been made to
the wording of the TLPI.
Section 122B(1)(b)(ii) of SPA which relates to iconic place is also applicable:
“Division 2: Modification to process for making or amending local planning instruments having
effect in iconic places
The proposed TLPI would or may have effect in an iconic place and would
suspend or otherwise affect the operation of a protected planning provision
relating to the place.
This provision does not apply for the following reasons:
The Noosa Plan contains specific provisions relating to height, site cover, gross floor area,
plot ratio and advertising signs as well as Planning Scheme Policies No.3 Landscaping
Plants & Guidelines, No.12 Public Open Space Contributions and No.18 Ecological
Assessment Guidelines. The proposed TLPI does not suspend or otherwise affect the
operation of these protected planning provisions and the provisions of the Noosa Plan will
continue to apply in the same way they would apply before the proposed TLPI 2014.
The clearing of vegetation has historically been regulated by Noosa Council and Sunshine
Coast Council by local laws.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
Statutory Guideline – Process for making a new TLPI
The process for making a TLPI is set in the State’s Statutory Guideline 02/12 - Making and
Amending Local Planning Instruments. The steps are outlined below with some discussion
where appropriate:
Step 1: The local government (LG) must decide to make a TLPI and write to the Minister
advising of the decision. The recommendations of this report accommodate this
step.
Step 2: The LG must prepare a proposed TLPI. A proposed TLPI 2014 forms
Attachment 1.
Step 3: Where the proposed TLPI is for a Planning Scheme made under IPA and would or
may affect an iconic place and would suspend or otherwise affect the operation of
a protected planning provision relating to the place, the LG must prepare an
impact report evaluating the effect of the proposed TLPI on the place’s iconic
values.
This step is not applicable - refer to “Relevant Legislation” above.
Step 4: LG to request Ministers consideration of the proposed TLPI.
Step 5: Minister to consider the proposed TLPI and whether it complies with section 105
of SPA and whether it would be inconsistent with protecting the place’s iconic
values.
The Minister must write and advise the LG if it may adopt the proposed TLPI with
or without conditions or not proceed with the TLPI.
Step 6: LG to decide whether to adopt the TLPI and place a notice in the government
gazette, local newspaper and on the Council website.
A diagrammatic representation of these steps excluding step 3 but including approximate time
frames is provided in figure 1.
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Section 57
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
FIGURE 1 Flow diagram of the process for making a temporary local planning
instrument
New Temporary Local Planning Instrument
A proposed TLPI (Protected Vegetation Overlay) 2014 is provided at Attachment 1.
Due to the limited time between now and the date of the TLPI expiry on 23 June 2014 there is
insufficient time to make any significant changes to the TLPI as consultation with the community
would be required. Subsequently no changes are proposed to the TLPI 02-2013 except for the
removal of all references to the planning schemes south of the Noosa Shire boundaries, ie all
provisions and exemptions relating to the removal of tree/s will remain the same.
It is intended a detailed review of TLPI 2014 involving extensive community consultation will be
undertaken when the Noosa Plan is reviewed over the next 12 months.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
BUDGET & FINANCIAL ASPECTS
The only cost associated with the process is the advertisement in the Sunshine Coast Daily and
Queensland Government Gazette.
Implementation of the TLPI is resourced through the Engineering and Environment Assessment
Branch.
No application fees are associated with this TLPI.
RECOMMENDATION
That Council note the report by the Strategic Planner to the Planning & Organisation Committee
Meeting dated 28 January 2014 and:
a) decide to make a Temporary Local Planning Instrument (Protected Vegetation Overlay)
and advise the Minister of this decision;
b) endorse the draft Temporary Local Planning Instrument (Protected Vegetation Overlay)
2014;
c) in accordance with Statutory Guideline 01/13 – Making and amending local planning
instruments forward a copy of the Temporary Local Planning Instrument (Protected
Vegetation Overlay) 2014 to the Minister and request the Minister’s permission to adopt the
proposed Temporary Local Planning Instrument 2014;
d) subject to receiving advice from the Minister to adopt the proposed Temporary Local
Planning Instrument with or without conditions, delegate authority to the Chief Executive
Officer to:
(i) adopt the proposed Temporary Local Planning Instrument;
(ii) place a notice in the gazette, the Sunshine Coast daily and on the Noosa Council
website regarding the adoption of the proposed Temporary Local Planning
Instrument; and
e) update vegetation protection provisions within the Noosa Plan to incorporate the
Temporary Local Planning Instrument for Vegetation Protection prior to its expiry on 24th
June 2015.
ATTACHMENTS
Note: The attachment for this report has been provided separately
1. Temporary Local Planning Instrument (Protected Vegetation Overlay) 2014
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 28 JANUARY 2014
5 ORGANISATIONAL SERVICES DEPARTMENT REPORTS
Nil.
6 EXECUTIVE OFFICE REPORTS
Nil.
7 CLOSED SESSION
Nil.
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