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Town Planning Report - Final April 2016
Attached to the e-mail MCU16/0044 & REC16/0009 Development Application - Planning Report, Att 1,2,3A & 3B Email 1 of 4.
Court Appeals & Dispute Resolution
Applications & Assessment
Due Diligence & Compliance
Project Management
General Development Advice
Town Planning Report
Development Application for Material Change of Use
(Commercial Business Type 1 Office, Wellbeing Type 2
Social, Entertainment and Dining Type 1 Food &
Beverages, Open Space Type 1 Sport & Recreation) and
Reconfiguring a Lot (Boundary Realignment)
at
253 and 255 David Low Way and 5-7 Rufous Street,
Peregian Beach
Client
Noosa Council
IT Enterprise Digital Hub
Peregian Beach
Community House
Adamson Town Planning Pty Ltd ATF
(ACN: 163 798 374 | ABN: 72 472 058 207)
P (07) 5430 6671 F (07) 5430 6677 M 0437 754 420 Mail: PO Box 78, Peregian Beach QLD 4573
‘Noosa Boardroom’, 28 Eenie Creek Road, Nooosaville QLD 4566
Email| [email protected] Web| www.adamsontownplanning.com.au
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15024 – Noosa Council April 2016
TABLE OF CONTENTS
1. DEVELOPMENT SUMMARY................................................................................................................ 3
2. INTRODUCTION ................................................................................................................................... 4
3. SUBJECT LAND ................................................................................................................................... 4
4. BACKGROUND .................................................................................................................................... 5
5. DEVELOPMENT PROPOSAL .............................................................................................................. 8
6. STATE PLANNING PROVISIONS......................................................................................................10
6.1 STATE PLANNING REGULATORY PROVISIONS ..................................................................................10
6.2 SOUTHEAST QUEENSLAND REGIONAL PLAN ....................................................................................12
6.3 STATE PLANNING POLICY ...............................................................................................................12
7. NOOSA PLAN 2006 ............................................................................................................................13
6.1 DESIRED ENVIRONMENTAL OUTCOMES ...........................................................................................15
6.2 EASTERN BEACHES LOCALITY CODE...............................................................................................16
6.2.1 SPECIFIC OUTCOMES AND PROBABLE SOLUTIONS FOR THE EASTERN BEACHES LOCALITY ...............................19
6.2.2 SPECIFIC OUTCOMES AND PROBABLE SOLUTIONS FOR THE SEMI-ATTACHED HOUSING ZONE ........................21
6.2.3 SPECIFIC OUTCOMES AND PROBABLE SOLUTIONS FOR THE COMMUNITY SERVICES ZONE ..............................21
6.2.4 SPECIFIC OUTCOMES AND PROBABLE SOLUTIONS FOR THE OPEN SPACE RECREATION ZONE ..........................22
6.3 BUSINESS USES CODE ...................................................................................................................23
6.4 COMMUNITY USES CODE................................................................................................................23
6.5 DRIVEWAYS AND CARPARKING CODE ..............................................................................................24
6.6 LANDSCAPING CODE ......................................................................................................................26
6.7 ENGINEERING W ORKS CODES ........................................................................................................26
6.8 RECONFIGURING A LOT CODE ........................................................................................................27
6.9 OVERLAY CODES ...........................................................................................................................28
8. REFERRAL AGENCIES .....................................................................................................................28
9. CONCLUSION.....................................................................................................................................28
Attachments -
Attachment 1: Survey Plan
Attachment 2: Adopted Rufous Street Master Plan
Attachment 3: Proposal Plans:
• 3A Site Plan
• 3B IT Enterprise Digital Hub
• 3C Peregian Beach Community House
• 3D Proposed Reconfiguring Plan
• 3E Concept Carparking and Stormwater Plan
• 3F Concept Landscaping Plan:
o 1 IT Enterprise Digital Hub
o 2 Peregian Beach Community House
Attachment 4: Koala Habitat Mapping
Attachment 5: Economic Needs Analysis
Attachment 6: Traffic Engineering Statement
Attachment 7: State Development Assessment Provisions
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1. Development Summary
Development Application: Development Permit for Material Change of Use for
Commercial Business Type 1 Office, Wellbeing Type 2
Social, Entertainment and Dining Type 1 Food &
Beverages, Open Space Type 1 Sport & Recreation and
Reconfiguring a Lot (Boundary Realignment)
Subject Land: 253 & 255 David Low Way and 5 -7 Rufous Street,
Peregian Beach
Land Description: Lot 1 on SP215942 (Lot 1), Lot 94 on SP137431 (Lot 94)
and Lot 95 on SP137431 (Lot 95)
Land Area: Lot 1 – 1,208m²;
Lot 94 – 6,503m²; and
Lot 95 – 1,812m²
Planning Scheme: Noosa Plan 2006
Locality Plan: Eastern Beaches
Zoning: Community Services (Lots 1 & 95) and Open Space
Recreation (Lot 94) Zones
Overlay Mapping: Natural Hazard: Bushfire & Acid Sulfate Soils Overlay
Level of Assessment: Impact
Applicable Codes: The whole of the planning scheme, but in particular:
• Part 3 – Desired Environmental Outcomes
• Part 7 - Eastern Beaches Locality Code;
• Part 13 – Overlays;
• Part 14 – Use Codes and Work Codes;
o Business Uses Code;
o Community Uses Code;
o Landscaping Code;
o Engineering Works Codes; and
o Reconfiguring a Lot Code
Referral Agencies: State Development Assessment Agency (SARA) –
Unexploded Ordinance Area (UXO)
State Development Module 12 - UXO
Assessment Provisions
(SDAP):
South East Queensland Urban Footprint
Regional Plan (SEQRP):
State Planning Regulatory South East Queensland
Provisions (SPRP):
State Planning Policy Assessment against the Interim Development
(SPP): Assessment Provisions
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2. Introduction
The proposed development application seeks a development permit for material change
of use for Commercial Business Type 1 Office, Entertainment and Dining Type 1 Food &
Beverages, Welling Being Type 2 Social and Open Space Type 1 Sport & Recreation. It is
intended to undertake the development in 2 stages, with Stage 1 being part of the
commercial office use and Stage 2 being the conversion of the existing Peregian Beach
Community House to an office use and the construction of a new Peregian Beach
Community House, within the proposed parkland. The development of the open space
(parkland) component is ongoing with ancillary parking to also be provided.
The proposed Commercial Business Type 1 Office use is for the purpose of providing an
IT Enterprise Building containing a Digital Hub and associated carparking, generally over
the part of the subject land fronting David Low Way. This component also includes a small
ancillary café, but this separate building could also be used as an office depending on
market forces. The Wellbeing Type 2 Social use is for a new Peregian Beach Community
House, which is to be located in the new open space/park area and provides under cover
parking.
The application also involves the reconfiguration of existing property boundaries to cater
for the additional parking for the proposed Digital Hub to remain on that portion of the
subject land. Pedestrian access easements to and from the parkland are also required, but
do not form part of this application. Further, there will be a need to provide for other
easements to allow for vehicular access to the parking and manoeuvring areas, but these
also do not form part of the application.
3. Subject Land
The subject land is located at 253 and 255 David Low Way and 5-7 Rufous Street Peregian
Beach and is described under the Development Summary. This land is referred to as Lot
1 and Lot 95, which front David Low Way and Lot 94, which fronts Rufous Street. An aerial
photograph of the subject land is provided as Figure 1.
The existing Peregian Beach Community House is located on Lot 1 and the existing public
carpark, which provides 38 spaces, is located on Lot 95. Access to the public carpark is off
David Low Way. No vehicular access is provided for Lot 1 with carparking for this
development being available on Lot 95.
The Council has purchased Lot 94, which is currently vacant land, but was previously
improved by the Peregian Beach Bowls Club. This use has now been abandoned.
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The subject land contains a stormwater drainage easement, shown in green on Figure 1,
which traverses Lot 95 and is located along the northern boundary of Lot 94.
The subject land does not contain any significant vegetation and falls gradually from the
north east to the south west. In the south western corner of Lot 94, the land falls away
more steeply towards the south and Rufous Street. A detailed survey of the land is
provided as Attachment 1.
Figure 1 – Aerial Photograph
4. Background
The proposed development is in accordance with a Master Plan, which was adopted by
the Council at the Ordinary Meeting on 10 March 2016. A copy of the Master Plan is
provided as Attachment 2 (extract provided as Figure 2). The Master Plan is also to be
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developed in 2 stages; however the extent of works under the Master Plan and the
proposed development under this application differ.
It is noted that while the proposed development is consistent with the Master Plan, the
development application does not include all aspects of the Master Plan. This is because
some of development under the Master Plan is outside of the subject land and is an
ongoing matter for the Council. The proposed development under this application is
purely for the development of the subject land. Further, the intended development of the
open space area is also subject to detail design and is ongoing matter for the Council.
The key elements of the Master Plan include retaining approximately 4,300m² of public
open space on the former Peregian Bowls Club site, a two storey 750m² IT Enterprise
Building containing a Digital Hub, additional car parking in Rufous Street and enhanced
pedestrian linkages to the Peregian Village.
In the second stage of the Master Plan it is proposed to convert the existing Peregian
Beach Community House to a commercial use (Digital Hub) and build a new community
building with additional car parking, some of which is for general public use. At the
completion of the Master Plan it is envisaged that the number of formal car parks in the
Precinct will increase from 67 to 163; however this is subject to detailed design being
undertaken.
Figure 2 – Rufous Street Master Plan (part extract)
It is important to note that the Master Plan provides for a range of elements that will
provide significant benefit to the local community as a whole. It has never been the
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intention of the Council to develop a Master Plan that only provides additional parking
for the Peregian Village. The Master Plan includes an IT Digital Hub for start up businesses,
a new Peregian Beach Community House Building, significant open space improvements,
improved pedestrian linkages and other improvements, plus additional parking for the
locality generally. Put simply, it is not a correct interpretation of the Master Plan to suggest
it is about providing additional parking for the Peregian Village, this being but one aspect
only.
Prior to Stage 2 of the Master Plan proceeding formal approval for works on the land
around Di Hirst Oval that Council holds in Trust, consent for this work will need to be
obtained from the Department of Natural Resources and Mines, which is likely to take
some time.
The Rufous Street Master Plan was prepared through an extensive community
consultation process over a 6 month period, involving the following stages:
• In May 2015, initial consultation as part of “Peregian Your Say” was held with 256
comment being received;
• A Charrette design workshop was held on 27 June 2015 with 36 people
representing key local stakeholders attended the workshop;
• Drawing on ideas developed at the Charrette, Deike Richards Architects developed
a Peregian Knowledge Campus proposal for discussion purposes;
• Stakeholder review of Campus proposal was held on 2 September 2015 with
people involved in the design charrette to gauge their response to the Knowledge
Campus proposal, which was ultimately scaled down;
• On 10 December 2015 a stakeholder review of the new concept proposal was
undertaken and a project team engaged to develop a Draft Master Plan for the
precinct;
• A Draft Master Plan was presented to a public meeting on 30 January 2016 with
over 100 people in attendance at the Peregian Beach Community House;
• Following the Public Meeting on 30 January 2016 the Master Plan was available for
public viewing and comment on the “Your Say Noosa” website until 10 February
2016, with a total of 78 submissions and 4 late submissions being received, from
individuals, local business owners, community organisations and the Traders
Association.
Consequently, the Master Plan has been developed following an extensive public
consultation process held with the local community of Peregian Beach. The Master Plan
was reported to the Ordinary Meeting of 10 March 2016, where Noosa Council resolved:
That Council note the report by the Director Community Services to the Infrastructure &
Services Committee Meeting dated 2 March 2016 on the Rufous Street Precinct Master Plan
and:
A. Endorse the Rufous St Precinct Master Plan as per attachment A, B and C
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B. Agree to provide owners consent for a Development Application for a Material
Change of Use to be lodged over Council owned lots 94 SP 137431, 1 SP 215942, 95
SP 137431 on the site,
C. Delegate to the CEO approval to develop a Development Application over the site in
accordance with the Master Plan
D. Include the Master Plan in any future planning provisions for the area.
Effectively, the Master Plan is a planning study, which is to inform the future planning of
the Peregian Beach locality. This means that the Master Plan should be given considerable
weight in the assessment of the development application.
5. Development Proposal
The proposed development is in part for a Commercial Business Type 1 Office use, which
is to be undertaken in 2 stages. A copy of the proposal plans is provided as Attachment
3.
Stage 1 of the development comprises the construction of a new office building having a
floor area of about 772m² over Lot 95, fronting David Low Way. This includes the small
ancillary café area, which might be used as an office depending on market forces. Stage
2 of this development is the conversion of the existing Peregian Beach Community House
building to an office, with a minor extension to be undertaken, giving a floor area of about
554.2m².
A Digital Hub is a shared workspace which houses several activities under one roof such
as co-working areas, complimentary businesses and programs, incorporating public and
private, community and commercial. It provides high speed and cutting edge technical
facilities and services, meeting rooms, event and training spaces.
Freelancers, entrepreneurs, and small businesses can work from this flexible and shared
workspace for a monthly fee, together with established high growth businesses located
in longer term office spaces. These shared services amplify connection and innovation
providing opportunities for ideas to flourish and businesses to grow.
The intention of this development is provide a business incubator for new start-up
businesses that would be able to utilise office space in a shared arrangement, with
outgoing costs being kept to a minimum. In effect, this development will provide
significant community benefit for the local community once fully operational, being
different to the typical office developments existing in the locality.
A new carpark area is to be constructed for this part of the development with existing
carpark being extended to provide for a total of 61 spaces and associated landscaping. It
is noted that only 44 spaces are required for the office component. Access to this portion
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of the development will remain unchanged to the existing carparking area, which is to be
reconfigured. An additional 17 spaces are to be provided as an extension of this carpark
for use by general public, being ancillary to the proposed Open Space use.
The office component will remain as 2 separate buildings, with the new building on Lot
95 being 2 storeys in height. The existing Community House building will remain single
storey, but will include a minor extension towards Woodland Drive.
At this time, it is intended to retain the existing allotments, but undertake a boundary
realignment over Lots 94 & 95 so that the parking for the office component will be
completely contained within proposed Lot 2 (refer Attachment 3D). It is also intended to
provide for access to the carparking areas and for pedestrians to access David Low Way
in 2 locations; however the finer details of which have not yet been confirmed.
It is accepted that Lot 1 will require access to the carparking area; however this is a matter
that can be dealt with at Stage 2, by way of an easement being provided over Lot 2. The
carparking for general public use will be contained in a new Lot 3, which is to be ancillary
to the open space use, but in effect can be shared parking for the office component if
overflow parking is required.
The Wellbeing Type 2 Social use is for the new Community House building to be
constructed over the southern end of the open space area, which forms part of Stage 2.
The new Peregian Beach Community House is to be constructed near Rufous Street where
the land falls steeply to the south. This allows for undercover parking to be provided
beneath the building, which is single storey.
The proposed new Community House will have a floor area of about 510m² and provide
meeting rooms, commercial kitchen, amenities and office space. It is proposed that some
of the office space will be utilised by the adjoining Tennis Club. This proposed building is
for community purposes only, and will replace the existing Community House building on
Lot 1 in Stage 2.
The design of the Community House has been carefully considered to integrate with the
landform, with pedestrian access provided from the open space area. Carparking is to be
provided under the building for 24 spaces (1 PWD) as well as individual storage areas for
community groups. Vehicular access is to be obtained directly from Rufous Street (refer
Attachment 3C).
The remaining component of the development is for open space purposes, which is to be
developed ‘generally in accordance with’ the attached Site Plan (Attachment 3A). This
allows for proposed Lot 3 to be used for Open Space Type 1 Sport & Recreation purposes.
This component of the development also includes 17 spaces that are to be contained in
proposed Lot 3 (above). It is intended to provide lawn areas, landscaping, a playscape,
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integrated pathways and a natural amphitheatre. The remaining improvements shown on
the Master Plan such as carparking in Rufous Street, pedestrian linkages, deck and viewing
platforms do not form part of the development application. These works will be
progressively undertaken by Council in conjunction with the development as a whole,
being outside of the subject land.
6. State Planning Provisions
The proposed development is to be assessed under section 341 of the SPA, including:
• State Planning Regulatory Provisions (SPRP);
• South East Queensland Regional Plan 2009-2031 (SEQRP);
• State Planning Policy, July 2014 (SPP); and
• Noosa Plan 2006.
Under the DA Mapping system the subject land has the following State interests (Figure
3):
• Urban Footprint under the SEQRP;
• Water Resources planning area boundaries;
• Coastal Zone; and
• Koala assessable development (for information purposes only).
Figure 3 – DA Mapping
6.1 State Planning Regulatory Provisions
Under the current State Planning Regulatory Provisions, the only provisions that are
relevant to the assessment include:
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• South East Queensland Regional Plan 2009-2031 State planning regulatory
provisions, May 2014; and
• South East Queensland Koala Conservation State Planning Regulatory Provisions.
Under the SEQRP, the subject land is located within the Urban Footprint, with the
proposed development being for an urban purpose. Consequently, the proposed
development for material change of use is consistent with SEQRP, State Planning
Regulatory Provisions.
The proposed development is also located within a Koala Assessable Development area.
According to the DA Mapping, the subject land is located within the Koala Assessable
Development Area. Further, the subject land is mapped as having a Low Value
Rehabilitation designation (refer Attachment 4).
Despite the above, the South East Queensland Koala Conservation – State Planning
Regulatory Provisions apply, in particular Table 7 – Development that is in a Koala
Assessable Development Area. Having regard to Column 1 of Table 7, the proposed
development footprint is more than 500m² and therefore is to be assessed against the
assessment criteria in Column 2, with the following being most relevant:
Criteria Compliance
2.
To the extent the premises is inside the Urban The proposed development will not result in the
Footprint, site design must avoid clearing non- removal of any non-juvenile koala habitat trees.
juvenile koala habitat trees in areas of bushland
habitat, with any unavoidable clearing minimised
and significant residual impacts counterbalanced
under the Environmental Offsets Act 2014
3.
Site design must avoid clearing non-juvenile koala The subject land is designated as a Low Value
habitat trees in areas of high value rehabilitation Rehabilitation area (refer Attachment 4).
habitat, and medium value rehabilitation habitat,
with any unavoidable clearing minimised and
significant residual impacts counterbalanced under
the Environmental Offsets Act 2014.
7.
Landscaping activities provide food, shelter and Wherever possible the landscaping undertaken on
movement opportunities for koalas consistent with the site will provide, food, shelter and movement
the site design opportunities as part of an integrated design.
While the subject land is mapped as being in the Coastal Zone, the land is not located in
the Coastal Management District.
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6.2 Southeast Queensland Regional Plan
Under the SEQRP the land is included in the Urban Footprint (Figure 3). The proposed
development is for an urban purpose and consequently entirely consistent with the
SEQRP.
6.3 State Planning Policy
The Noosa Plan 2006 predates the commencement of the State Planning Policy (SPP),
therefore an assessment is required against the interim development assessment
provisions under Part E of the SPP.
Figure 4 – SPP Mapping
Under the SPP mapping the subject land has the following designations:
• Water Quality – Climatic regions – stormwater management objectives;
• Natural Hazards Risk and Resilience – Flood Hazard area – Level 1 Local
Government mapping area; and
• Strategic Airports and Aviation Facilities – Obstacle Limitation Surface.
Under the interim development assessment provisions, the following parts are relevant:
State interest – water quality for receiving waters:
• The subject land is greater than 2,500m², which could involve an impervious area
greater than 25% of the net developable area;
• A Concept Stormwater Drainage Plan has been provided (Attachment 3E), which
includes the treatment of stormwater drainage leaving the site and is to be finalised
with a further development approval for operational work;
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15024 – Noosa Council April 2016
• the development will minimise adverse impacts on the environmental values of
receiving waters by complying with the SPP Code for Water Quality;
State Interest – Natural Hazards, Risk and Resilience:
• While the subject land is designated as potentially being in a local government
flood affected area, according to the overlay mapping under the planning scheme,
the subject land is not affected by flooding;
State Interest – Strategic Airports and Aviation Facilities:
• The subject land is designated as being within the obstacle limitation surface for
the Sunshine Coast Airport, which is a strategic airport under the SPP;
• While the application is for a material change of use, the height of the proposed
buildings are less than 12m and therefore the interim development assessment
provisions do not apply.
Having regard to the above, the proposed development complies with the interim
development assessment provisions under the SPP.
7. Noosa Plan 2006
Under the Noosa Plan 2006, the subject land is located in the Eastern Beaches Locality.
Specifically, the part of the subject land at 253 and 255 David Low Way is included in the
Community Services Zone, while the land at 5 - 7 Rufous Street is included in the Open
Space Recreation Zone (refer Figure 5 below).
Legend
Figure 5 – Zoning Plan
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Under the Noosa Plan 2006, the intended uses on the land include the IT Enterprise Digital
Hub, which is defined as Commercial Business Type 1 Office use, with a small coffee shop
being defined as Entertainment and Dining Type 1 Food & Beverages. The new Peregian
Beach Community House is best defined as a Wellbeing Type 2 Social use. To remove any
doubt about the use of the remaining area of land for park purposes, the proposal also
includes the Open Space Type 1 Sport and Recreation use over proposed Lot 3 (refer
Attachment 3D).
Under Table 7.6 for the Community Services Zone, both a Commercial Business Type 1
Office and Entertainment and Dining Type 1 Food and Beverages are subject to impact
assessment. Under Table 7.8 for the Open Space Recreation Zone, the proposed
Wellbeing Type 2 Social use is also subject to impact assessment. Consequently, the
development application is to be assessed against the whole of the planning scheme. It
is noted that the Open Space Type 1 Sport & Recreation use is code assessable in the
Open Space Recreation Zone. Further, the public parking within proposed Lot 3 is to be
ancillary to the Open Space use.
The subject land is affected by the Natural Hazard: Bushfire & Acid Sulfate Soils Overlay
as shown in Figure 6, below.
Figure 6 – Overlay Map
The most relevant parts of the planning scheme that need to be considered include:
• Part 3 – Desired Environmental Outcomes
• Part 7 - Eastern Beaches Locality Code;
• Part 13 – Overlays;
• Part 14 – Use Codes and Work Codes;
o Business Uses Code;
o Community Uses Code;
o Landscaping Code;
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o Engineering Works Codes; and
o Reconfiguring a Lot Code.
6.1 Desired Environmental Outcomes
The most relevant desired environmental outcomes that need to be considered include
the following:
COMMERCIAL & RETAIL USES
A hierarchy of centres with a range of Commercial and Retail business uses provide suitable
levels of amenity, service and access to the community, consistent with the community’s
location and needs and is based on:
i. …
ii. …
iii. protecting the long term viability of the Shire Business Centre as the principle
business, retail and administrative centre;
iv. recognising that it may be necessary to increase floor space in existing centres to
meet changing needs, provided any increased floor space does not impact on the
successful operation and development of the Shire Business Centre;
v. …
vi. …
Comment:
The proposed development is for a business use over part of the subject land. The
proposed development provides for about 1,182m² of floor space, which is of moderate
scale for the locality. The development is well removed from the Shire Business Centre
and is intended to serve the needs of the local community of Peregian Beach only. Having
regard to the Economic Needs Analysis (Attachment 5), the proposed development will
not have an adverse impact upon the future development of the Shire Business Centre
and will not significantly impact upon the Neighbourhood Centre at Peregian Beach.
The above DEO, recognises that it might be necessary to increase floor space in existing
centres in order to meet a recognised need. The Economic Need Analysis (Attachment
5), reveals that there is a significant need for additional office floor space in the locality.
Further, there is likely to be significant community benefit for the proposed IT Enterprise
Digital Hub in the Peregian Beach locality, which is desirable from a town planning
perspective by providing additional choice.
The proposed development will not adversely impact upon the development of the Shire
Business Centre and does not compromise any of the DEO’s for commercial uses.
COMMUNITY USES AND FACILITIES
An adequate range of community services and facilities supporting the physical,
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safety, artistic and social needs of the community are equitably distributed having regard
to the:
i. location and density of housing;
ii. location of transport infrastructure;
iii. location of business centres;
iv. social, economic and demographic patterns of Noosa; and
v. function of towns and villages.
Comment:
While the proposed office use is proposed over land included in the Community Services
Zone, the proposed development also includes a new Community House Building, which
is to be located in the Open Space Recreation Zone (Lot 94). It is suggested that the
provision of a new Community House Building and other ancillary carparking as an
integrated development with the open space component as well the other facilities under
the Master Plan, will provide sufficient community facilities for the locality, consistent with
the intention of the DEO.
SPORT & RECREATION USES
The creation of sport and recreation opportunities, strongly relating to the outdoors, are
established to facilitate social interaction, healthy lifestyles and appreciation and protection
of Noosa’s natural, cultural and community assets including:
i. the subtropical climate;
ii. the beaches, watercourses and foreshores;
iii. the national parks and bushland;
iv. the iconic mountains and landforms;
v. cultural traditions; and
vi. sporting fields and facilities.
Comment:
The proposed development maintains a significant portion of the subject land that is to
remain for open space and recreation purposes, being about 5,466m². While this portion
of the subject land is to be partly used for the Community House and amenities building,
this does not compromise the achievement of the above DEO. A significant amount of
public open space is being maintained in the Peregian Beach locality, which is comparable
to the existing 6,503m² (Lot 94), which was used for a specific sporting use only.
Consequently, the proposed development provides many other benefits, associated with
the general public use of this land.
6.2 Eastern Beaches Locality Code
The most relevant overall outcomes sought for the Eastern Beaches Locality include the
following:
a) New uses and works are located, designed and managed to:
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i. be compatible with other uses and works;
ii. maintain the safety of people and works;
iii. avoid significant adverse impacts on the amenity enjoyed by users of other
premises, including acoustic and visual qualities;
iv. avoid significant adverse impacts on the natural environment, including
native habitat removal, fragmentation and attrition; and
v. protect the natural beach experience and overall visual amenity for beach
users;
Comment:
The proposed development has been designed and will be managed to be compatible
with surrounding uses, maintain the safety of people and will not cause significant impacts
upon the amenity of the area. Further, the development will not adversely impact upon
the natural environment or the experience and visual amenity of the beach. The proposed
development is consistent with the above overall outcome.
b) Development is consistent with the Priority Infrastructure Plan in Part 15.
Comment:
The proposed development is not inconsistent with the PIP in Part 15.
c) The Eastern Beaches Locality retains its primary role as a residential area, though
continues to provide some visitor accommodation and a range of local retail and
commercial functions at Sunshine Beach, Sunrise Beach and Peregian Beach;
Comment:
The proposed development will provide for a different type of commercial development
for which there is an identified need. The proposed development is intended to provide
for an IT Enterprise Digital Hub, which is a specific use that will be of significant benefit to
the Peregian Beach community.
d) The scale and form of buildings and other structures are:
i. designed to be responsive to the informal beachside character of the locality,
being low rise buildings, with pitched or curved roofs and building materials
that blend with the dune and coastal landscape;
ii. in keeping with the surrounding streetscape and landscape qualities;
iii. integrated into the topography and native vegetation of the dune system
which dominates the locality; and
iv. iv consistent with the amenity and safety expectations of the community;
Comment:
The proposed development is for 2 separate buildings fronting David Low Way that reflect
the existing beachside character. The buildings are low rise, have varied pitched roofing
and will be constructed generally of lightweight building materials, consistent with the
built form in the locality. The proposed development is in keeping with the existing
streetscape and will provide landscaping consistent with the existing setting and visual
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amenity of the area. The development is in accordance with community expectations for
the Peregian Beach locality.
q) For Peregian Beach:
i. Peregian Beach provides a mix of detached houses, Multiple housing and
Visitor Accommodation for residents and visitors;
ii. Multiple housing Type 2 Duplex and Visitor Accommodation Type 4
Conventional are located in close proximity to the Peregian Beach
neighbourhood centre shown in the Neighbourhood Centre Zone;
iii. a wide range of local Retail, Commercial and Entertainment and Dining Uses
within the neighbourhood centre serve the immediate needs of residents and
visitors of the locality;
iv. the neighbourhood centre provides an informal village-like atmosphere, with
a low key, attractive and safe village square that engenders a ‘sense of place’
and a public focus for local community interaction and activity; and
v. the sense of arrival to the coastal communities of Noosa from the south is
emphasised and enhanced;
Comment:
The proposed development being for a more specialised type of commercial business
adds to the range of commercial uses in the locality. It is accepted that the proposed
development is not located in the Neighbourhood Centre; however business office uses
are supported outside of the centre on the western side of David Low Way, which is the
case here. The proposed development adds to the ‘sense of place’ generally in the locality
being in relatively close proximity to the existing Neighbourhood Centre with improved
pedestrian linkages being provided ultimately under the Master Plan.
w) For the Community Services Zone:
i. is protected and managed to enable the efficient and timely delivery of
community and infrastructure uses; and
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;
Comment:
The proposed office component of the use is to be located in the Community Services
Zone. While this use is not primarily for a community and infrastructure use, it is intended
to be used as an IT Enterprise Digital Hub, which is to promote and support local business.
Consequently, the development will be owned by the Council and will provide assistance
to the local community for start up business at reduced cost. Consequently, in that sense
the proposed development is providing a community function. The proposed
development includes provision for a new Peregian Beach Community House building,
which is consistent with this overall outcome. The proposed development responds to the
needs of the local community.
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y) For the Open Space Recreation Zone—areas of open space contribute to the desired
lifestyle of residents by offering a variety of passive and active recreational
experiences that are conducive to community interaction and wellbeing;
Comment:
The proposed development maintains a significant amount of open space and recreation
land being about 5,466m², which is substantial and consistent with this overall outcome.
The proposed development does not seriously offend any of the overall outcomes
discussed above and to the extent that there is any conflict with these provisions it must
be minor and of technical nature only.
6.2.1 Specific Outcomes and Probable Solutions for the Eastern Beaches Locality
The most relevant specific outcomes are discussed below:
Specific Outcome O1 Amenity:
The proposed uses have been designed and located to avoid significant adverse impacts
on the amenity in terms of noise, light and traffic movements.
Specific Outcome O2 Character and function of the David Low Way:
The proposed development will maintain a significant landscaped buffer to the frontage,
having building setbacks generally about 6m in width. Further, a traffic expert has
confirmed that the proposed development, including the overall development of the
Master Plan will not have an adverse impact upon the function of David Low Way, in
particular the Woodland Drive intersection.
Specific Outcome O3 Built Form:
The proposed development is not for a residential purpose and therefore the matter of
density is of no consequence; however the proposed development has low site impact
and does not compromise any natural site characteristics.
Specific Outcome O4 Height:
Stage 1 of the development comprises a 2 storey office building that is about 8m in
height. Stage 2 utilises the existing Community House building, which is a single storey
building. The proposed development is low rise and consistent with the surrounding
development and will not visually dominate the street. The new Peregian Beach
Community House building is single storey and is to be integrated with the existing
landform. The proposed development as a whole will not adversely impact upon the
amenity of the area and respects the scale of the surrounding development.
Specific Outcome O5 Setbacks:
The proposed office buildings maintain a 6m setback to David Low Way, with the addition
to the existing Community House building, extending to about 5.9m to the Woodland
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Drive frontage. The minor reduction in the frontage to Woodland Drive is considered to
be acceptable given this is a secondary frontage, with the setback being more than the
existing Telstra building adjoining the subject land to the west. The proposed
development has been appropriately designed and sited and will not adversely impact
upon an adjoining properties or the streetscape.
Specific Outcome O6 Site cover, gross floor area and plot ratio:
The proposed office development has a site cover of 18.2% for Stage 1 and a site cover
of 42% for Stage 2, which is well less than the 50% allowed for development in the
Community Services Zone, with respect to Lot 1 and proposed Lot 2 (refer Cover Sheet,
Attachment 3).
The site cover for the proposed Community House building on proposed Lot 3 is less than
12.5%, which is minimal and acceptable given the nature of this use. The proposed built
form for all uses results in buildings that are of a scale compatible with surrounding
development and will not present an appearance of bulk to adjacent properties or the
roadway.
Specific Outcome O12 Roof Form:
The proposed office development makes use of the existing Peregian Beach Community
House building, with Stage 2, which has a pitched roof. The proposed new office building
with Stage 1 will also have varying roof pitching, generally more than 5 degrees. The
proposed built form, including the new Community House building will contribute
positively to the skyline and will complement the existing beach side character.
Specific Outcome O13 Sloping Sites:
The subject land does not contain significant slope, generally having a gradual slope from
the east to the southwest. The proposed office building fronting David Low Way requires
little earthworks and is integrated with the site. The proposed new Community House
building has been sited over more sloping land, in order to integrate the development
with the land form, by providing undercover parking. The proposed built form will not
visually dominate the skyline and is integrated with the natural site characteristics.
Specific Outcome O14 Environment and cultural heritage values:
The proposed development will not have an adverse impact on any biodiversity, natural
vegetation, native fauna habitat, landscape quality, water quality or cultural heritage
values.
Specific Outcome O19 Aircraft Safety
The proposed development will not be of height that affects the operational airspace for
the Sunshine Coast Airport.
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6.2.2 Specific Outcomes and Probable Solutions for the Semi-Attached Housing Zone
While the subject land is not located in the Semi-Attached Housing Zone, the provisions
are relevant to the subject land. In particular under specific outcome O29 Consistent Uses,
it is stated that Commercial Business Types 1 and 2 are consistent uses where located on
the western side of David Low Way, between 215 and 253 David Low Way, Peregian Beach
inclusive.
The subject land includes 253 David Low Way. Consequently, the planning scheme
supports a Commercial Business Type 1 Office use on the western side of David Low Way
for Stage 1 of the development. Further, it is suggested that the development of the land
at 255 David Low Way for a Commercial Business Type 1 Office use is a logical extension
of this type of use and should be allowed to extend to Woodland Drive.
Having regard to the other specific outcomes, the proposed development complies with
O32 in terms of the built forms contributing positively to the streetscape, in particular by
presenting as small buildings having a domestic scale and appearance and making use of
lightweight design features, balconies, maximum wall lengths, roof pitching and
complementary textures and materials.
Under specific outcome O34 Professional Offices, the development provides for small
scale businesses of a domestic scale and appearance with carparking mostly provided to
the rear of the site, generally having low traffic generation.
6.2.3 Specific Outcomes and Probable Solutions for the Community Services Zone
An assessment has been undertaken against the most relevant specific outcomes for the
Community Services Zone below:
Specific Outcomes O64 & O65 Consistent and Inconsistent Uses:
The proposed office development is located primarily within the Community Services
Zone; however the proposed carparking for this use extends into the Open Space
Recreation Zone. The proposed Commercial Business Type 1 Office use is not a use that
is consistent in this zone; however it is noted that the Entertainment and Dining Type 1
Food and Beverages is a consistent use where in conjunction with a Community Use.
While the proposed office use is not a consistent use, the Council has recently adopted
the Rufous Street Master Plan, which has been developed following a an extensive
community consultation process. This Master Plan is a planning study that is to inform
the new planning scheme and therefore should be given considerable weight.
The proposed development is entirely consistent with the Master Plan. Further, to the
extent there is any conflict with this and any other provisions, the Economic Needs
Analysis (Attachment 5) reveals that there is a significant need for this type of office space
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in the Peregian Beach Locality, having regard to the available floor space and expected
growth in the catchment area.
Specific Outcome O66 Multi-purpose Community Centre – Peregian:
The proposed office component is located on the portion of the subject land owned by
Noosa Council. Since the planning scheme commenced, the Council has purchased the
land that was occupied by the Peregian Beach Bowls Club (Lot 94). Consequently, it is
intended that this land be used for the multi-purpose community centre and also provide
for a range of recreation and social uses, consistent with the intent of the Master Plan.
Therefore, the land as whole will provide for the community uses as intended consistent
with the planning scheme. To the extent there is any conflict with this provision it must
be minor and of technical nature only.
Specific Outcome O68 Streetscape & Character:
The proposed development contains buildings that have been designed and located to
present a high quality streetscape in keeping with the character of the area. This applies
to both the office component fronting David Low Way and Woodland Drive and the
Community House building fronting Rufous Street. The proposed built form has a
pedestrian scale and provides visual interest, having vertical and horizontal articulation
and makes use of varying colours and materials.
Specific Outcome O69 Co-location of Community Uses:
The open space land to the west will provide for other colocation opportunities with the
proposed new Peregian Beach Community House building, as needed.
6.2.4 Specific Outcomes and Probable Solutions for the Open Space Recreation Zone
The relevant specific outcomes for the Open Space Recreation Zone are discussed below:
Specific Outcomes O73 & O74 Consistent and Inconsistent Uses:
The proposed Wellbeing Type 2 Social use for the new Community House Building is
designated a consistent use in the Open Space Recreation Zone along with the proposed
Open Space use. It is also noted that the proposed Entertainment and Dining Type 1 Food
& Beverages use is also a consistent use where in conjunction with an Open Space use.
While this use is proposed within the Community Services Zone, it is located beside the
Open Space Recreation Zone. Further, it is intended that users of the parkland will be able
to readily frequent the proposed café, consistent with the intent of the provisions.
As mentioned above, a portion of the proposed Commercial Business Type 1 Office use
extends into the Open Space Recreation Zone, but this is with respect to parking only.
Despite this, the development is consistent with the adopted Master Plan and it has been
revealed that there is a significant need for the office component in the Peregian Beach
Locality.
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Specific Outcome O77 Amenity:
The proposed development is for a new Peregian Beach Community House building which
is to provide 24 carparking spaces. It is suggested that the proposed development will
not have significant traffic generation and will not adversely impact upon any property in
terms of light and noise.
Specific Outcome O78 Built Form:
The proposed Peregian Beach Community House building has been designed and sited
on the land to encourage co-location of other uses. The building is attractive and
accessible and will be integrated by landscaped treatments to promote community
interaction. The proposed Open Space use is consistent with the zoning of the land.
6.3 Business Uses Code
The proposed development either complies with the most relevant specific outcomes of
the Business Uses Code or is able to be conditioned to comply. To that end, the
development:
• will provide all necessary infrastructure (O18 & O19)
• will not cause adverse noise impacts (O20);
• all mechanical plant will be designed to avoid visual amenity impacts;
• provides for safety and security (O22, O23, O24, O25, O26, O27, O28 & O29);
• has ready access to public transport (O30);
• provides for end of trip facilities as well as bicycle racks at a rate of 1 space per
50m² of GFA and 1 locker per 2 bicycle spaces (O31); and
• includes provision for adequate waste storage that will not detract from the visual
amenity of the streetscape (O32);
With respect to the Entertainment and Dining Type 1 use, the proposed development has
a small ancillary café area that will provide for limited outdoor dining to be used during
business hours only. It is noted the outdoor area is provided for the business use in any
event and is not specifically to cater for outdoor dining. The proposed development will
not cause adverse noise or visual amenity impacts (O35) with the outdoor area designed
to be aesthetically pleasing and keeping in character (O36). It should be noted that subject
to market forces, the café area might be used as additional office space.
The proposed development meets the purpose of the Business Uses Code.
6.4 Community Uses Code
The proposed development has been assessed against the Community Uses Code with
respect to the most relevant specific outcomes. To that end, the development:
• will not adversely impact upon electricity supply infrastructure (O1 & O2);
• will not adversely impact upon the existing road function (O3 & O4) refer to the
advice provided by Holland Traffic Engineering (Attachment 6);
• will not have an adverse impact upon noise and visual amenity (O5 & O6);
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• will not have an adverse impact caused by light spillage, which is likely to be
standard security lighting only (O7 & O8);
• provides for safety and security with security lighting to accord with the relevant
Australian Standard (O9, O10, O11, O12, O13, O14 & O15);
• incorporates public toilets (O16) for the office component beside the proposed
café and with the Community House building, which have been carefully designed
to discourage non-legitimate uses;
• provides that any mechanical plant and equipment will be incorporated into the
design of the development (O17);
• has direct access to public transport, with pedestrian pathways being proposed
and end of trip and bicycle facilities being provided for the Community House
building with bicycle parking provided at the rate of 1 space for 30m² and lockers
(O18 & O19).
The proposed development complies with the relevant specific and overall outcomes for
the Community Uses Code.
6.5 Driveways and Carparking Code
The proposed development has been assessed against the most relevant specific
outcomes of the Driveways and Carparking Code, as follows:
• the proposed office component utilises the existing access off David Low Way,
while the proposed Community House provides suitable access from Rufous Street
which will not impact upon safety or the road network generally (O1);
• the proposed driveways and crossovers are suitable for the intended use and
match Council infrastructure (O2);
• the number of driveways have been minimised (O3);
• vehicular access does not adversely impact on the capacity, operations or
maintenance of existing infrastructure (O4);
• vehicular access does not adversely impact upon landscaping or significant native
vegetation (O5);
• all stormwater drainage from the development is to be treated before leaving the
site in accordance with the proposed Stormwater Management Plan (Attachment
3E)(O6).
With respect to the matter of parking, it is intended to provide 44 spaces including
disabled spaces for the proposed office component, which has a total use area of 883.6m².
The applicable carparking rate for the office component is 1 space per 20m² of use area,
which equates to 44 spaces. It is noted that 2 of the spaces are intended for short term
parking only.
It is accepted that the parking for the Entertainment and Dining Type 1 use is 1 space per
10m² of use area; however, given the small scale of this part of the development, which is
includes storage and kitchen areas, it is suggested that the 44 spaces proposed for the
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office component as a whole is adequate. This position is supported by the Traffic Impact
Assessment by Holland Traffic Consulting (refer Attachment 6).
The proposed outdoor seating area for the office component is intended primarily for
office workers, with the café being ancillary to that use. If the general public uses the café,
it is likely that they will return to the parkland area where adequate parking is also to be
provided in the long term. A further additional 17 spaces are to be provided within
proposed Lot 3, that will be available for the general public, being accessed through
proposed Lot 2. This parking will also provide for any overflow parking if required for the
office component of the use.
A total of 23 undercover spaces, including 1 disabled space, are to be provided for the
new Peregian Beach Community House component. The total use area for the for this part
of the development is 335m². The applicable carparking rate for the Wellbeing Type 2
Social use is 1 space per 20m² of use area, which equates to 17 spaces being required.
Consequently, the proposed development complies with specific outcome O7 and also
provides additional parking for general public use.
The proposed layout of the carparking area has been considered by an experienced civil
engineer who confirms that the design meets the relevant standard (refer Attachment
3E). The proposed development meets specific outcome O8.
With respect to the other specific outcomes, the following comments are made:
• parking areas will not unduly conflict with pedestrians and will dominate the
streetscape (O9);
• sufficient parking for the disabled has been provided (O10);
• access and egress points do not impact on the road system (O11);
• the proposed parking design is for a low speed environment (O12);
• clearly defined pedestrian network has been provided for with some lighting to be
provided for night time users (O13, O14 & O15);
• some trees are to be provided in the carparking are for the office component with
stormwater to be managed in accordance with the Stormwater Water
Management Plan (Attachment 3E)(O17);
• the matter of traffic management for the Master Plan as a whole has been
considered by Holland Traffic Consulting (refer Attachment 6) along with the
proposed parking impacts (O18);
• some motor cycle and scooter parks are able to be provided for the office
component (O19);
• the proposed carpark areas have been designed to treat stormwater runoff in
accordance with the proposed Stormwater Management Plan (refer Attachment
3E) (O20) by gravity means (O21);
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• the site layout and design of the office component carpark provides for soft
landscaping with the Community House providing undercover parking, but
substantial landscaping to the frontage and around the building (O22).
The proposed development meets the specific and overall outcomes and the purpose of
the Driveway and Carparking Code.
6.6 Landscaping Code
The proposed development has been considered against the most relevant specific
outcomes of the Landscaping Code as follows:
• the proposed development provides sufficient landscaping, being about 18.2% for
the Stage 1 of the office use, excluding parking and manoeuvring areas, 56.8% for
Stage 2 of the office use and 91% for the open space use (refer Cover Sheet
Attachment 3A), as shown on the proposed Landscape Concept Plan (refer
Attachment 3F), which will enhance the visual amenity and character of the area
in accordance with the relevant policy (O1);
• the proposed site layout and landscape design provides for soft landscaping to be
established around the development including for the office component and the
Community House (O2);
• the Concept Landscaping Plan (Attachment 3F) has been provided by a landscape
architect and complies PSP3 Landscaping Plants and Guidelines (O3);
• the proposed landscaping for the development will complement and enhance the
existing streetscape character (O16);
• the proposed landscaping for the office component of the development having a
6m building setback to David Low Way and about a 6m building setback to
Woodland Drive, allows for substantial landscaping to be provided to the frontage
and the carparking area; further substantial landscaping is to be provided within
the open space area and around the proposed Community House building (O19).
The proposed development complies or is able to be conditioned to comply with the
other relevant specific outcomes and therefore meets the overall outcomes and purpose
of the Landscaping Code.
6.7 Engineering Works Codes
The proposed development is also to comply with a number of other codes that
collectively form the Engineering Works Codes, including the Driveways and Carparking
Code above. These other codes include:
• Earthworks Codes;
• Erosion and Sediment Control Code;
• Existing Services Code;
• Transport, Roads and Drainage Code;
• Waste Management Code;
• Water Sensitive Design Code and
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• Water Supply and Sewerage Reticulation Code.
The proposed development either complies with the abovementioned codes or can be
conditioned to comply. In particular, the development will not have an adverse impact
upon the existing road network as advised by Holland Traffic Consulting (refer
Attachment 6) and therefore complies with specific outcome O1 of the Transport, Roads
and Drainage Code. Further, a Stormwater Management Plan has been prepared for the
development (Attachment 3E), which complies with specific outcome O8 of the above
Code.
6.8 Reconfiguring a Lot Code
The reconfiguration component of the development proposal relates purely to a
boundary realignment that provides for proposed Lot 2 (2,824m²) and Lot 3 (5,490m²).
The proposed boundary realignment provides for carparking for the office component to
be contained wholly within Lot 2. The additional parking to be provided for the general
public is to be contained within proposed Lot 3, being ancillary to the Open Space Type
1 Sport & Recreation use over this portion of the subject land.
At this time it is intended to retain Lot 1 with no change from the current situation. For
Stage 2 of the development it is intended to retain Lot 1 as a separate parcel; however it
is accepted that parking for the office component for Lot 1 (Stage 2), which is provided
on Lot 2, will need to be accessible. Consequently, an easement will be required on Lot 2
to allow for the parking and access for the office component on Lot 1 as shown on the
Proposed Reconfiguring Plan (Attachment 3D).
It is also intended to provide access easements to allow for pedestrian access from Lot 3
through Lot 2 to David Low Way and to provide pedestrian access for Lot 1. A further
easement will be required over Lot 2 in favour of Lot 3 to allow for the vehicle access
across Lot 2 to the public parking area in Lot 3. It is noted that at this time the easements
shown on the plan are indicative only and are not being applied for (refer Attachment
3D).
Under the specific outcomes for the Reconfiguring a Lot Code there is no minimum
allotment size for land included in the Community Services Zone or the Open Space
Recreation Zone (O1). The proposed lots have an appropriate area and dimensions for
the intended use. Further, the proposed development is separated from any residential
use (O10). The current infrastructure requirements for each of the allotments will remain
unchanged (O15 & O16). The matters of landscaping and visual amenity have been
addressed with the design of the proposed development (O21 & O22).
The proposed Open Space use over proposed Lot 3 provides for a diverse range of passive
and some active recreational opportunities (O24). The Open Space area has been
designed and located to be safe and accessible and contribute to the character of locality
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(O25). The proposed access easements in the future will be located to ensure safe access
and egress and will be of a suitable size (O32).
The proposed development complies with the specific outcomes and meets the overall
outcomes and purpose of the Reconfiguring a Lot Code.
6.9 Overlay Codes
The subject land is affected by the Eastern Beaches Natural Hazard: Bushfire & Acid
Sulfate Soils Overlay, with respect to being within a Low Potential Acid Sulfate Area 5-
20m AHD. Consequently, an assessment is required against the Natural Hazards Overlay
Code, Table 13.12 Acid Sulfate Soil Areas.
The proposed development for the new Peregian Beach Community House will involve
some excavation work; however the slope of the land at this location minimises the need
for extensive earthworks. It is intended to manage the impact from any acid sulfate soils
in accordance with current engineering standards. The proposed development is capable
of complying with the requirements of the Code.
8. Referral Agencies
The subject land is located in a management area for potential unexploded ordinance
(UXO). Consequently, the in accordance with Schedule 7, Table 3 (11) of the Sustainable
Planning Regulation, the application is to be referred the State Assessment Referral
Agency (SARA).
The applicant is required to address the State Development Assessment Provisions
(SDAP), in particular Part 12.1 Unexploded Ordinance, which is provided as Attachment
7.
It is expected that a condition will be imposed requiring that the site be remediated by a
suitably qualified person.
The application does not need to be referred to any other referral agencies.
9. Conclusion
The applicant seeks to develop the subject land in 2 stages. Stage 1 comprises the first
part of the proposed IT Enterprise Digital Hub (772m²) with Stage 2 comprising the
second part (410m²) with the conversion of the existing Peregian Beach Community
House. The IT Enterprise Digital Hub is over the portion of the subject land fronting David
Low Way. Stage 2 also provides for a new Peregian Beach Community House having a
floor area of about 510m², which is included in the proposed open space area fronting
Rufous Street, located towards the southern end.
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The proposed development is in accordance with the Rufous Street Master Plan, which
was adopted by Council on 10 March 2016. The Master Plan was developed following an
extensive community consultation process and in effect is a planning study for this part
of the Peregian Beach Locality and is to inform the new planning scheme. While the
proposed development differs in a minor way to the Master Plan in terms of some of the
floor areas and some of the parking spaces being provided, it was always intended that
the delivery of the Master Plan would be subject to detail design.
While the land fronting David Low Way is included in the Community Services Zone, the
use of the site for a Commercial Business Type 1 Office is supported under other
provisions within the Semi-Attached Housing Zone. These provisions seek to allow
commercial businesses on the western side of David Low Way, near the local centre,
including part of the subject land, being Lot 95.
In the circumstances, it is logical for the proposed office use to extend to include the
existing Community House building over Lot 1. The Economic Needs Analysis
(Attachment 5) provides that there is a significant need for the proposed office
component. Importantly, given the scale and location, the proposed office development
will not adversely impact upon the future development of the Shire Business Centre.
The key planning issues such as built form outcomes, access, parking, traffic impact,
landscaping and stormwater management have been carefully considered. The design as
a whole provides for a high quality and integrated development fronting both David Low
Way and Rufous Street, consistent with the Master Plan.
The proposed development complies with the overall outcomes and the purpose of the
Eastern Beaches Locality Code, and the other development and engineering codes.
Further, the proposed development does not comprise the achievement of any of the
Desired Environmental Outcomes under the Noosa Plan.
To the extent there is any conflict with the planning scheme, it must be of a minor or
technical nature only. In any event, there are grounds that are sufficient to overcome any
conflict, including:
• significant community benefit in providing for start up business opportunities in
the Peregian Beach Locality at reduced cost in a location that will be able to be
connected to high speed infrastructure (NBN);
• significant need for additional commercial office space in the Peregian Beach
Locality having regard to the expected growth in the area, which extends beyond
the planning scheme area, while not having a significant impact upon the
development of the Shire Business Centre;
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• significant community benefit in providing other community facilities such as a
new Peregian Beach Community House and a substantial amount of landscaped
open space as part of an integrated development; and
• the proposed development is entirely consistent with the Rufous Street Master
Plan, which has been adopted by the Council and is to inform the new planning
scheme.
Shane Adamson (BEngTech, GDURP, MPIA)
Town Planning Expert
Director of Adamson Town Planning Pty Ltd ATF
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