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2019-06-11 Planning & Environment Committee Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 11 June 2019
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson, Tony Wellington
“Noosa Shire – different by nature”
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Full text of sections 2 to 106 (of 133)
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 MCU19/0011 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR
AN UNDEFINED INDUSTRIAL BUSINESS (LOW IMPACT INDUSTRY & SERVICE
INDUSTRY) AND INDUSTRIAL BUSINESS TYPE 1 - WAREHOUSE AT 29
EUMUNDI NOOSA RD, NOOSAVILLE 3
2 MCU18/0157 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF
USE FOR A BREWERY AND ANCILLARY BREW CAFE AT 130 EUMUNDI
NOOSA RD, NOOSAVILLE 18
3 MCU18/0158 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF
USE FOR RETAIL BUSINESS TYPE 2 - SHOP AND SALON AND
RECONFIGURATION OF A LOT (BOUNDARY REALIGNMENT) AT 34 ELM
STREET, COOROY 35
4 MCU18/0015 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF
USE (2 DETACHED HOUSES AND 12 MULTIPLE HOUSING - TYPE 4
CONVENTIONAL) AND RECONFIGURATION OF A LOT (1 INTO 4 LOTS PLUS
EASEMENT) AT 27 ATTUNGA HEIGHTS, NOOSA HEADS 60
5 MCU19/0007 - REPRESENTATIONS TO CONDITIONS - DEVELOPMENT
APPROVAL FOR MATERIAL CHANGE OF USE - ENTERTAINMENT & DINING
TYPE 2 RECREATION AMUSEMENT FITNESS (FITNESS CENTRE) AT 26
PROJECT AVENUE, NOOSAVILLE 100
6 OPW17/0555 - PLANNING & ENVIRONMENT COURT APPEAL NO 2760 OF 2018,
DEVELOPMENT PERMIT FOR OPERATIONAL WORKS FOR SIGNAGE AT 4-24
GIBSON RD, NOOSAVILLE 105
7 NOOSA ENVIRONMENT STRATEGY & IMPLEMENTATION PLAN 119
8 ENVIRONMENT LEVY LAND ACQUISITION PROGRAM - UPDATE 123
CLOSED SESSION -
Page 2 of 133
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU19/0011 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR AN
UNDEFINED INDUSTRIAL BUSINESS (LOW IMPACT INDUSTRY & SERVICE
INDUSTRY) AND INDUSTRIAL BUSINESS TYPE 1 - WAREHOUSE AT 29 EUMUNDI
NOOSA RD, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
(report drafted by Consultant Planner)
Environment and Sustainable Development Department
Index ECM / Application / MCU19/0011
Attachments Nil
APPLICATION DETAILS
Applicant Ian Ronald Stephen and Carole Anne McDonald as Trustees for the
Gadenford Superannuation Fund
Proposal Material Change of Use for an undefined Industrial business (Low
Impact Industry & Service Industry) and Industrial Business Type 1 -
Warehouse
Properly Made Date 25 January 2019
Information Request Date 15 February 2019
Information Response Date 28 February 2019
Decision Due Date 20 June 2019
Number of Submissions No submissions received
PROPERTY DETAILS
Property Address 29 Eumundi Noosa Road, Noosaville Qld 4568
RP Description Lot 50 SP275883 and Lot 51 RP68719
Land Area 938m²
Existing Use of Land Dry Cleaner and vacant tenancy formerly a surfboard manufacturer
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Attached Housing zone
Overlays Natural Hazards Overlay – Flood hazard
Assessment Type Impact
Page 3 of 133
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
RECOMMENDATION
That Council note the report by Development Planner to the Planning & Environment Committee
Meeting dated 11 June 2019 regarding Application No. MCU19/0011 for a Development Permit
for Material Change of Use for undefined Industrial Business (Low Impact Industry & Service
Industry) and Industrial Business – Type 1 Warehouse at 29 Eumundi Noosa Rd, Noosaville and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions Must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with,
and then compliance maintained at all times while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions
Plan No. Rev. Plan/ Document Name Date
DA-01 B Site Plan, prepared by Paynter Dixon 25/6/15
DA-02 B Roof Plan, prepared by Paynter Dixon 25/6/15
DA-03 B Elevations, prepared by Paynter Dixon 25/6/15
Nature and Extent of Approved Use
3. The following uses are approved:
a. Industrial Business Type 1 – Warehouse;
b. Service Industry as defined by the Planning Regulation 2017; and
c. Low impact industry that is an industrial activity for the manufacturing,
producing, processing, repairing, altering, recycling, storing, transferring or
treating of products, but excludes the repairing of motor vehicles and/or small
engines, panel beating, spray painting or surface recoating, metal fabrication
and any Medium Impact Industry or High Impact Industry as set out in the
conditions of this Decision Notice.
4. Activities or uses involving or requiring a permit for an Environmentally Relevant
Activity (ERA) as defined by the Environmental Protection Regulation 2008 are not
approved.
5. Any Medium Impact Industry or High Impact Industry uses as identified in Table 1
below are not approved.
TABLE 1
MEDIUM IMPACT INDUSTRY
Column 1 Column 2 Column 3 Column 4
Does not include
Definition Thresholds Examples include the following
examples
Medium impact 1. Metal foundry producing less than 10 Spray painting and Concrete batching,
industry means the use surface coating,
tonnes of metal castings per annum. tyre manufacturing
of premises for an wooden and
industrial activity— 2. Boiler making or engineering works laminated product and retreading,
producing less than 10,000 tonnes of manufacturing metal recovery
1. that is the metal product per annum. (including cabinet (involving a
making, joining, fragmentiser),
Page 4 of 133
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
manufacturing, 3. Facility, goods yard or warehouse for timber truss making textile manufacture,
producing, the storage and distribution of or wood working) chemically treating
processing, dangerous goods not involving timber and plastic
repairing, altering, manufacturing processes and not a product
recycling, storing, major hazard facility under the Work manufacture,
distributing, Health and Safety Act 2011. service industry,
transferring or 4. Abrasive blasting facility using less low impact industry,
treating of products; than 10 tonnes of abrasive material high impact
and per annum. industry, special
2. complies with the 5. Enamelling workshop using less than industry
thresholds for the 15,000 litres of enamel per annum.
activity stated in a 6. Galvanising works using less than
Column 2. For 100 tonnes of zinc per annum.
example, thresholds 7. Anodising or electroplating workshop
relating to the where tank area is less than 400
number of products square metres.
manufactured or the 8. Powder coating workshop using less
level of emissions than 500 tonnes of coating per
produced by the annum.
activity.
9. Spray painting workshop (including
spray painting vehicles, plant,
equipment or boats) using less than
20,000 litres of paint per annum.
10. Scrap metal yard (not including a
fragmentiser), dismantling
automotive or mechanical equipment
including debonding brake or clutch
components.
11. Manufacturing clay or ceramic
products including bricks, tiles, pipes
and pottery goods, less than 200
tonnes per annum.
12. Processing, smoking, drying, curing,
milling, bottling or canning food,
beverages or pet food, less than 200
tonnes per annum.
13. Vegetable oil or oilseed processing in
works with a design production
capacity of less than 1000 tonnes per
annum.
14. Manufacturing wooden products
including cabinet making, joinery,
wood working, producing less than
500 tonnes per annum.
15. Manufacturing medium density
fibreboard, chipboard, particle board,
plywood, laminated board or wood
veneer products, less than 250
tonnes per annum.
16. Sawmilling, wood chipping and kiln
drying timber and logs, producing
less than 500 tonnes per annum.
17. Recycling and reprocessing
batteries.
18. Repairing or maintaining boats.
Page 5 of 133
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
19. Manufacturing substrate for
mushroom growing.
20. Manufacturing or processing plaster,
producing less than 5000 tonnes per
annum.
21. Recycling or reprocessing tyres
including retreading.
22. Printing advertising material,
magazines, newspapers, packaging
and stationery.
23. Transport depot, distribution centre,
contractors depot and storage yard.
24. Manufacturing fibreglass, foam
plastic, composite plastic or rigid
fibre reinforced plastic or plastic
products, less than 5 tonnes per
annum (except fibreglass boats,
tanks and swimming pools).
25. Manufacturing PET, PETE,
polypropylene and polystyrene
plastic or plastic products, less than
10,000 tonnes per annum.
26. Reconditioning metal or plastic
drums.
27. Glass fibre manufacture less than
200 tonnes per annum.
28. Manufacturing glass or glass
products, where not glass fibre, less
than 250 tonnes per annum.
HIGH IMPACT INDUSTRY
Column 1 Column 2 Column 3 Column 4
Does not include
Definition Thresholds Examples include the following
examples
High impact industry Any use that has a threshold equal to or Abattoirs, concrete Tanneries,
means the use of greater than that indicated for Medium batching plant, rendering plants, oil
premises for an industrial Impact Industry and the additional boiler making and refineries, waste
activity— examples following: engineering and incineration,
1. Major hazard facility for the storage metal foundry manufacturing or
1. that is the storing explosives,
and distribution of dangerous goods
power plants,
manufacturing, not involving manufacturing manufacturing
producing, processes. fertilisers, service
processing, 2. Scrap metal yard including a industry, low impact
repairing, altering, industry, medium
fragmentiser.
recycling, storing, impact industry
3. Concrete batching and producing
distributing, concrete products.
transferring or
4. Treating timber for preservation
treating of products;
using chemicals including copper,
and
chromium, arsenic, borax and
2. complies with the creosote.
thresholds for the
5. Manufacturing soil conditioners by
activity stated in a
receiving, blending,
Column 2. For
storing, processing, drying or
example, thresholds
composting organic material or
relating to the
organic waste, including animal
number of products
manures, sewage, septic sludges
Page 6 of 133
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
manufactured or the and domestic waste.
level of emissions 6. Manufacturing tyres, asbestos
produced by the products, asphalt, cement, glass or
activity. glass fibre, mineral wool or ceramic
fibre.
7. Abattoir.
8. Recycling chemicals, oils or solvents.
9. Recycling, storing or reprocessing
regulated waste.
10. Manufacturing batteries.
11. Manufacturing wooden products
including cabinet making, joinery,
wood working, producing greater
than 500 tonnes per annum.
12. Abrasive blasting facility using 10
tonnes or greater of abrasive
material per annum.
13. Crematoria.
6. Any display and retail sale of goods must remain an ancillary component to the
approved use and must not exceed 20% of the gross floor area.
7. The eastern courtyard area adjacent to the residential use must not be used for the
industrial operation or storage and is not approved as use area.
Hours of Operation
8. With the exception of the existing dry cleaning operation, hours of operation must not
occur outside of 7am to 6pm Monday to Friday and 7am to 12pm Saturday.
Noise
9. Noise from operations must be kept to a minimum achieving a level no greater than 5
dB(A) above the ambient background noise level at any time.
10. Mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps etc. on site must be situated within the building or suitably
provided with noise reduction measures and located as to prevent a noise nuisance
beyond the boundary of the site and must not exceed the ambient background noise
level plus 5 dB(A).
11. Where a complaint (other than a frivolous or vexatious complaint) is made to Council
about noise from the development, Council may require the operator or site
management entity to have a suitably qualified person* undertake a Noise Impact
Assessment (NIA) in accordance with the Environmental Protection (Noise) Policy
2008.
Noise monitoring for the NIA must be undertaken within a reasonable and practicable
timeframe nominated by Council and be performed by a suitably qualified person* in
accordance with accepted guidelines and standards. The NIA must be submitted to
Council detailing the results of such monitoring and recommendations for any
measures to achieve compliance with noise limits outlined in this Decision Notice.
*For the purpose of measuring and certifying relevant noise conditions and reporting
a suitably qualified person is either:
a. a Registered Professional Engineer of Queensland, or
b. an environmental consultant with a minimum of three (3) years current
experience in the field of acoustics.
Page 7 of 133
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Environmental Health
12. No release of odour or visible contaminants to the environment that will or may cause
an environmental nuisance is permitted. This includes dust, smoke, fumes and
aerosols.
13. Hazardous materials must be elevated to achieve 300mm freeboard above the
defined flood event for the site.
Outdoor Lighting
14. Any outdoor lighting must be designed, sited, installed and tested to comply with
Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects
of outdoor lighting” using a control level of 1.
Carparking and Access
15. The 8 carparking spaces on site must remain available for vehicle parking at all times
and must not be obstructed by any means either permanent or temporary.
B. Find the following sufficient ground to justify the decision despite the conflict with the
Planning Scheme:
1. Certain small scale industrial businesses are unlikely to adversely impact on the
surrounding residential uses and are generally comparable with the site’s existing use
rights.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks a Development Permit for Material Change of Use for an undefined
Industrial Business (Low impact industry and service industry) and Industrial Business Type 1 –
warehouse at 29 Eumundi Noosa Road, Noosaville.
The purpose of the application is to expand the range of uses available to the existing premises
which has lay partially vacant for some 3 years following reconstruction of the building in 2015 as
a result of fire that destroyed the original building on the site. The existing building has a gross
floor area of 720m².
The range of uses that the applicant anticipates could establish at the site include the range of
uses defined in the Low Impact Industry and Service Industry definitions as regulated by the
Planning Regulation 2017 for new planning schemes developed under the Planning Act 2016
and Warehouse as defined by The Noosa Plan. The applicant maintains that Council has the
capacity to use the document, Guidance for applying the regulated requirements to local planning
schemes produced by the Department of State Development, Manufacturing, Infrastructure and
Planning (DSDMIP) to assist in defining a use definition that is appropriate for this site.
The locality and site plans are provided below as Figure 1 and Figure 2. An image of the building
is provide as Figure 3.
Page 8 of 133
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Figure 1 – Locality Plan
Figure 2 – Existing buildings floor layout
Page 9 of 133
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Figure 3 – Image of the subject site.
The application is before Council as the proposed uses are inconsistent for the site being zoned
Attached Housing.
2. SITE DETAILS
2.1 Background
In November 1970 Council approved a Dry Cleaning and Laundry Premises on the site subject to
conditions under the Superseded Planning Scheme applicable at the time.
The dry-cleaning business established about 1971. Under the Superseded Planning Scheme a
surfboard manufacturer later established on the site. This use was defined as Light Industry and
at the time, no development approval was required to operate on the site. The surfboard
manufacturing was in operation at the commencement of the Noosa Plan 2006 and continued up
until it was destroyed by fire in January 2015. As a result, the site is afforded existing use rights
for dry cleaning and laundry premises and surfboard manufacturing.
Reconstruction of the building saw the dry cleaning operation recommence on site. The
surfboard manufacturing operation did not return. Due to the specific nature of the uses that
were established on site, establishing other uses on the site which fall within the current definition
of Light Industry cannot occur without a further development approval. Hence, the applicant
submits that small businesses seeking premises are being turned away and the rear tenancy
remains unused.
Previous Approvals
Application No. Decision Date
IDA80 Dry cleaning/ Laundromat special consent permit by Council November 1970
PBA15/0007 Development Permit for Building Works Assessable against 16 July 2015
the Planning Scheme (Reconstruction of a dry cleaning and
surfboard manufacturing premises)
Page 10 of 133
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
2.2 Site Description
The site is substantially flat and located at the corner of Eumundi Noosa Road and Gibson Road,
Noosaville. A generous setback to the Gibson Road carriageway is a result of a wide verge and
irregular lot boundary along the Gibson Road frontage.
The main frontage and vehicular access to the site is gained via a small service road of Noosa
Eumundi Road. A minor frontage to Gibson Road is fenced and landscaped.
The existing building is single storey concrete block construction with hardstand parking area and
landscaping surrounding the structure. Reconstruction of the building is generally in accordance
with the original building. As seen in Figure 4 below, the site is fenced with a substantial timber
and blockwork fence separating the use from the adjacent dwelling to the east.
Figure 4 – The area adjacent to the residential use.
2.3 Surrounding Land Use
Aspect Existing Land Use
North-East Detached house
South-East Scout facility, detached houses
South-West Community Facility
North-West Multiple dwellings
An existing dwelling house directly adjoins the site to the north east. The Noosa Sea Scouts
facility is adjacent to the site on the south east with detached houses opposite the site along
Gibson Road. Community facilities at Wallace Park are located on the opposite side of the
Eumundi Noosa Road/ Gibson Road roundabout. The multiple dwelling complex, Ivory Palms
Resort is located across Eumundi Noosa Road to the north-west.
Page 11 of 133
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
3. ASSESSMENT
3.1 Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan
3.2 State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy 2017 (SPP) and the SPP
raises no further issues relevant to the proposal.
South East Queensland (SEQ) Regional Plan
The subject site is located within the Urban Footprint in the SEQ Regional Plan.
Planning Regulation 2017
The application is consistent with the assessment benchmarks and the regulatory provisions
contained within the Planning Regulation 2017.
3.3 Statutory Instruments - Planning Scheme
The subject site is located in the Attached Housing zone of the Noosaville Locality. The proposed
uses are identified as an inconsistent use within the zone and required to follow an impact
assessment application process. The proposal is therefore subject to assessment against the
whole of the Planning Scheme with the following provisions of the Noosa Plan relevant to the
assessment.
Strategic Framework
Section 1.7.9 Industrial Development identifies the vision for industrial development to be located
primarily in two main areas:
a) Industrial growth is focused on two main areas–-
i. Noosaville’s industrial estate which is the largest concentration of industrial
businesses in Noosa Shire and includes a high proportion of service industries
catering particularly to the coastal populations; and
ii. Cooroy’s industrial estate which can accommodate considerable industrial growth and
offers a moderate level of access to the Bruce Highway and the North Coast rail line.
Desired Environmental Outcomes
The following Desired Environmental Outcomes are also relevant:
3.1.3 e) Industrial Business Uses
Industrial uses and extractive and mining uses contribute to the local economy and employment
sector by—
(i) providing suitable levels of service and employment to the community;
(iii) being predominantly low key, clean and service-orientated;
(ix) industrial uses being of a relatively small scale whist still being a significant contributor to
the local economy, with a product market that will range from local to international scale;
Page 12 of 133
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
(xii) industrial uses being located and managed to avoid adverse impacts on other economic
sectors, including those reliant on Noosa’s character and natural environment;
and
3.1.3 j) Residential Uses
Urban and rural settlement for residential use is contained within the defined urban growth
boundaries shown on zoning maps ZM1- ZM9 by -
(vii) being suitably separated from incompatible land uses;
(xi) development upholding the quality lifestyle and amenity sought by residents of Noosa Shire
with consideration given to density, noise, accessibility to community services and
infrastructure, security, traffic and aesthetics;
Noosaville Locality Code
The following overall Outcomes are also relevant:
The overall outcomes sought for the Noosaville Locality are the following—
a) New uses and works are located, designed and managed to—
(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
or surrounding area, including acoustic and visual qualities; and
(iv) avoid significant adverse effects on the natural environment, including native habitat
removal, fragmentation and attrition;
b) The Noosaville Locality provides for much of Noosa’s commercial, retail, administrative,
industrial and social needs, and is one of the major focus areas for visitor accommodation
and services;
and
qq) For the Attached Housing Zone—residents and visitors are accommodated in
predominantly Multiple housing forms that—
(i) contribute to a high level of residential amenity, design quality and safety;
(ii) respect the scale and character of the streetscape and surrounding development;
and
(iii) are located within convenient access of employment centres, goods and services,
public transport and community facilities;
vv) For the Industry Zone—land in this zone—
(i) consists of the Noosaville Industrial Estate, being Noosa’s principal industrial centre;
(ii) is protected for industrial functions including Industrial business Type 2 to the
exclusion of incompatible uses including Residential Uses, Community Uses,
Commercial business and most sport and recreation uses and Retail business uses;
(iii) has high accessibility to arterial roads and the Bruce Highway;
(iv) does not accommodate uses that would harm the environment through excessive
noise, odour, dust, or other waste;
(v) is developed in a fashion that does not detract from the character of its locality or
impact on the major road network;
Page 13 of 133
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
The strategic framework states the community vision for Noosa Shire and envisages industrial
development primarily located in the Noosaville and Cooroy industrial estates. The subject
application does not sit within either the Noosaville Industrial Estate or the Cooroy Industrial
Estate. The dry cleaning and surfboard manufacturing uses were established prior to the Noosa
Plan gazettal, therefore existing use rights exist for those uses alone. The scale and intensity of
the existing uses is minor, limited in capacity due to the size of the building and unlikely to
negatively impact on Noosa Shire’s Industry zoned areas.
By virtue of the fact that the proposed uses are inconsistent with the Attached Housing Zone, the
proposal does not comply with the Noosaville Locality Code. While the application to
accommodate undefined industrial businesses Low Impact Industry and Service Industry, and
Industrial Businesses Type 1 is incompatible with the Specific Outcomes of the Noosaville
Locality Code, to an extent, the uses are acceptable due to the existing use rights on the site
provided the proposed uses do not result in any new or increased impacts for neighbouring
properties. It should be noted, in this instance, that a dry cleaning and surfboard manufacturer
uses have operated on site for a number of years without any known detrimental effects on the
surrounding residential properties.
The proposal does not include any physical changes to the existing building or premises. The
current configuration of the building and its extents have been previously approved and remain
respectful of the environment in which it sits. The existing building is oriented away from the
adjacent residential uses and an existing barrier fence is installed along the affected boundaries
as shown above in Figure 4 in Section 2.3 of this report.
The former surfboard manufacturing use was conducted wholly within the building and therefore
it is considered that there are no use rights for the rear courtyard adjacent to the residential use.
This rear courtyard is not accessible by vehicles and will therefore be limited in its operational
capacity and unlikely to cause any adverse impacts on the neighbouring residential use.
Existing landscaping on site is not proposed to be altered and the significant area of landscaping
on the Gibson Road frontage effectively screens the premises from residential premises opposite
as does the vegetation on and around the Eumundi Noosa Road roundabout at Gibson Road.
Business Uses Code
The Business Uses Code seeks to ensure development is conducted in an ecologically
responsible manner, minimises impacts on surrounding uses and receiving environments
including pollutants, noise, dust odour, light and vibration. The Code also seeks that activities are
located on sites appropriately sized for the scale of the industry or service and impacts on visual
amenity are minimised. In this instance, two industrial uses have been operating from the site
historically without any adverse amenity impacts on surrounding land uses. Appropriate
conditions limiting uses of the site to those compatible with sensitive land uses would mitigate
any adverse impacts on the surrounding area.
Carparking
The car parking provision on site consists of 6 off street car spaces plus 2 cars accommodated in
the drive-through forecourt for pick up and drop off of the dry cleaners. There is the potential for
an additional 1 car parking space that has not been marked on site. A total of 9 spaces being
available on site.
The Driveways and Carparking Code requires, for industrial development, 1 space per 30m² up
to 150m², and 1 space per 50m² up to 500m² and 1 space per 100m² thereafter of use area. The
use area of the building is 688m² which triggers 14 spaces.
The site has 8 car spaces plus 1 unmarked car space, leaving the development 5 car spaces
deficient. The development’s on-site car parking has not changed since the original approval and
was deemed sufficient at the time for the dry cleaner and a surf board manufacturer. Under The
Noosa Plan a dry cleaner and a surfboard manufacturer are considered an Industrial business
type 2 and are currently or have operated for an extended period on site without any car parking
issues.
Page 14 of 133
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
In this instance only, given the surfboard manufacturer attracts the same car parking rate as
other Industrial business type 2 businesses and the proposed uses ore no increase in demand, it
is considered the existing 8 spaces and the additional 1 unmarked car space are sufficient for
any future appropriate industrial business to operate onsite.
Flooding
The subject site is affected by the Natural Hazards Overlay – Flood hazard. Specific outcome
O14 is of particular interest given the potential for flood that already exists on the site.
Probable Solution S14.1 and S14.2 is listed below:
Hazardous Materials
S14.1 Materials manufactured or stored on-site are not hazardous or noxious, or comprise
materials that may cause a detrimental effect on the environment if discharged in a flood event;
or
S14.2 Structures used for the manufacture or storage of hazardous materials are—
a) located above the defined flood level; or
b) designed to prevent the intrusion of floodwaters.
The existing building does not meet the minimum floor level for development within the flood
hazard area. As the application does not propose any physical changes to the existing structure
or premises, it is considered that appropriate conditions could be applied to satisfy appropriate
flood immunity for the placement and storage of hazardous materials.
Draft Planning Scheme
The draft Planning Scheme identifies the subject site as being located in the Medium Density
Residential Zone. The proposed uses, Low Impact Industry, Service Industry and Warehouse
uses are inconsistent within this zone and are identified to follow an as impact assessment
application process.
Definitions applicable to Light Industry and Service Industry are as follows:
Column 1 Column 2 Column 3 Column 4
Use Definition Examples include Does not include the
following examples
Low impact Low impact industry means the Repairing motor Panel beating, spray
industry use of premises for an industrial vehicles, fitting and painting or surface
activity— turning workshop coating, tyre recycling,
(a) that is the manufacturing, drum re-conditioning,
producing, processing Note - Additional wooden and laminated
repairing, altering, recycling, examples may be product manufacturing,
storing, distributing, shown in SC1.1.2 service industry, medium
transferring or treating of industry thresholds. impact industry, high
products; and impact industry, special
(b) that a local planning industry
instrument applying to the
premises states is a low
impact industry; and
(c) that complies with any
thresholds for the activity
stated in a local planning
instrument applying to the
premises, including, for
example, thresholds relating
to the number of products
manufactured or the level of
emissions produced by the
activity.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Column 1 Column 2 Column 3 Column 4
Use Definition Examples include Does not include the
following examples
Service Service industry means the use Audio visual
industry of premises for an industrial equipment repair,
activity that— film processing,
bicycle repairs, clock
(a) does not result in off-site air, and watch repairs,
noise or odour emissions; computer repairs, dry
and cleaning, hand
(b) is suitable for location with engraving, jewellery
other non-industrial uses. making, laundromat,
locksmith, picture
framing, shoe
repairs, tailor
Warehouse Warehouse means the use of Self-storage sheds Hardware and trade
premises for- supplies, outdoor sales,
showroom, shop
(a) storing or distributing goods,
whether or not carried out in
a building; or
(b) the wholesale of goods, if
the use is ancillary to the use
in paragraph (a).
The applicant submits that the definition of Type 2 Production, alteration, repackaging, &
repairing as defined in the current Noosa Plan, is not appropriate for the site as it is too broad
and lacks detail in terms of impacts that may be acceptable.
The definition of Industrial Business Type 2 Production, alteration, repackaging & repairing is as
follows:
The use of premises for the production, manufacturing, dismantling, altering, cleaning, re-
packaging, freezing or repairing of goods. The use includes food industries, textiles, mechanical,
boat repair, sandblasting.
The applicant suggests that applying the definition of the Draft Planning Scheme and with
reference to the purpose and overall outcomes of the Low Impact Industry Zone provides much
greater clarity in respect of the expectations of the types, and mitigation of impacts for, future
uses that could be accommodated on the site.
It is agreed that the definitions and purpose stated in the draft Planning Scheme do provide a
greater understanding of the available uses and the aspects of the surrounding environment and
existing uses that warrant protection. Despite this, it is considered that the definition of Low
Impact Industry is still too broad to be appropriate for this particular site as it still permits noisy
businesses such as metal fabrication and repairing of vehicles/engines etc.
The applicant also suggests that the surrounding residential area does not enjoy a high level of
amenity due to it being located in a highly trafficked location and uses this aspect as justification
for the proposed industrial activity to have some impacts on the surrounding residential area.
Contrary to the applicant’s argument, it is considered that while significant traffic volumes are
evident due to the location of the site at the intersection, even when the current approved uses
are fully operational, the surrounding uses are unlikely to be subjected to the noise, traffic or
odour impacts associated with some of the uses associated with a Low Impact Industry.
4. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. No submissions were received in response to the notification.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
5. Conclusion and Reasons for Decision
Existing use rights apply to the dry cleaning service and surfboard manufacturing operation that
were in effect on the day fire destroyed the original building. The applicant seeks to expand the
list of potential uses that may lawfully establish on the site given the limited opportunities
available at the present time. The current zoning of the site results in any other industrial or
business type use wishing to establish on the site to be inconsistent and subject to an impact
assessment application.
The applicant proposes that Service Industry, Warehouse and Low Impact Industry Uses have
the capacity to expand the business opportunities on the site without creating undue negative
impact on adjacent uses in the surrounding area. While the draft planning scheme may describe
these uses with more detail than The Noosa Plan, Low Impact industrial uses still have the
potential for incompatible affects, given the location of adjoining residential uses.
With careful selection of appropriate and compatible uses, the scale of the operations on site are
unlikely to create any significant amenity issues. Extending the range of uses that may be
established at the premises does not pose a significant threat to the viability of existing identified
industrial precincts provided that future permitted uses are also compatible with the surrounding
uses. It is considered that appropriate conditions could address the issues identified to mitigate
the effect of incompatible use types. The application is therefore recommended for approval
subject to conditions.
Find the following sufficient grounds to justify the decision despite the conflict with the Planning
Scheme:
1. Certain small scale industrial businesses are unlikely to adversely impact on the
surrounding residential uses and would be generally comparable with the site’s existing use
rights.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
2 MCU18/0157 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
A BREWERY AND ANCILLARY BREW CAFE AT 130 EUMUNDI NOOSA RD,
NOOSAVILLE
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
(report drafted by Consultant Planner)
Environment and Sustainable Development Department
Index ECM/ Application/ MCU18/0157
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Boiling Pot Brewery
Proposal Material Change of Use - Entertainment & Dining Business - Type 3 Bar
(Brew Café) & Industrial Business Type 2 Production, Alteration,
Repackaging & Repairing (Brewery)
Properly Made Date 26 February 2019
Information Request Date 14 March 2019
Information Response Date 18 March 2019
Decision Due Date 11 June 2019
Number of Submissions 2
PROPERTY DETAILS
Property Address 130 Eumundi Noosa Road Noosaville
RP Description Lots 6 on RP 173876
Land Area Lot 6 - 2278m²
Existing Use of Land Industry – Existing buildings and associated parking
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Industry
Overlays Nil
Assessment Type Impact
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 11 June 2019 regarding Application No. MCU18/0157 for a
Development Permit for Material Change of Use for Industrial Business – Type 2 Production,
alteration, repackaging & repairing (Brewery) and Entertainment & Dining Business – Type 3 Bar
(Brew Café), situated at 130 Eumundi Noosa Road, Noosaville and:
A. Approve the application subject to the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
TP 1.00 B USE PLAN - Site Plan, prepared by Sparks Architects 15.03.2019
TP 1.01 A USE PLAN - Ground Floor Plan, prepared by Sparks 22.02.2019
Architects
TP 1.03 A USE PLAN - Mezzanine Floor Plan, prepared by Sparks 22.02.2019
Architects
TP 1.03 Proposed Roof Plan, prepared by Sparks Architects 14.09.2018
TP 2.00 Proposed Elevations, prepared by Sparks Architects 14.09.2018
TP 2.01 Proposed Elevations, prepared by Sparks Architects 14.09.2018
Nature and Extent of Approved Use
3. All staff associated with the brewery use, including administration staff, must finish no
later than:
i. 5pm Monday to Friday; and
ii. Midday Saturday and Sunday
4. The use area of the Entertainment and Dining Business is limited to:
i. Inside: 75m²;
ii. Outside: 55m² and
iii. Kitchen and Bar as shown on the approved plans
5. The Entertainment and Dining Business must operate only in association with the
approved industrial use on site and must not operate outside the following hours:
i. Monday to Friday: 5pm to midnight; and
ii. Saturday and Sunday: 12pm to midnight
6. The mezzanine level must not be used for functions or by patrons of the
Entertainment and Dining Business.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
7. Brewery tours are limited as follows:
a. Only one brewery tour may be conducted on site at any time;
b. A maximum of 13 patrons may attend a brewery tour;
c. Patrons must arrive by courtesy bus (maximum 13 seats) which is able to be
parked onsite within a car space;
d. Brewery tour patrons must not be permitted to use the outside terrace before:
i. 5.00pm Monday to Friday; and
ii. Midday Saturday and Sunday
8. The approved uses must not cause nuisance as a result of noise emission.
9. Entertainers or speakers used to amplify noise must not be located in any outdoor,
verandah, patio, footpath or beer garden area of the premises.
10. Any display and retail sale of goods must remain an ancillary component to the
approved use and must not exceed 20% of the gross floor area.
Performance Bond
11. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to arranging the pre-start meeting. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any
costs incurred by Council in respect of enforcing performance of this permit. Council
reserves the right to call upon the bond or guaranteed sum to effect compliance with
conditions.
Advertising Devices
12. The total amount of signage for the subject site must comply with the Advertising
Devices Code.
Bicycle Parking and End of Trip Facilities
13. The proposal must provide 4 bicycle spaces, 2 lockers and 1 shower cubicle.
Service Equipment
14. All mechanical equipment and other service infrastructure located on the site must
be:
a. located not less than 2 metres from a property boundary; and
b. fully enclosed or screened such that they are not visible from the street
frontages nor adjoining properties. Where screened by landscaping,
landscaping beds must be at least 1.5 metres wide.
Landscaping Works
15. The development site must be landscaped prior to the commencement of use. The
works must be undertaken in accordance with an Operational Works approval and
the Noosa Plan for that specific area and must include in particular:
a. The landscape areas generally shown on reference document Landscape Area
Plan prepared by Sparks Architects dated 14-09-2018, with the exception of the
area immediately west of the building
b. The retention of existing trees on site and street trees.
c. Sub-terrain tree planting area demonstrating at least 4m³ area of structured
soils per tree is available for root growth and is not subject to compaction.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
d. Details of any signage proposed to be located within areas identified for
landscaping.
e. The area shown as a ‘Kids Garden Play Area’ on the USE PLAN - Site Plan,
prepared by Sparks Architects TP 1.00 Rev. A and dated 22.02.2019 must be
landscaped and not developed as a ‘Kids Garden Play Area’.
Damage to Services and Assets
16. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the
development.
Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
ENGINEERING
Access Driveway
17. The access driveway to the site must be reconstructed in accordance with an
Operational Works approval and engineering design prepared by a suitably qualified
RPEQ (Registered Professional Engineer Queensland), and must include in
particular:
a. A driveway crossover generally in accordance with standard drawing RS-051
b. A driveway minimum width of 5.0m at boundary and 6.5m at the kerb line,
unless approved otherwise by Council
c. A clearance of 1.0m from existing power pole unless approved otherwise in
writing by Energex
d. A clearance of 1.0m from any existing or proposed kerb inlet lentil unless
approved otherwise by Council
e. Any required stormwater works to modify, replace or relocate existing
stormwater infrastructure
Car Parking
18. The carparking must be upgraded and line-marking generally in accordance with the
approved plans. The works must be undertaken in accordance with an Operational
Works approval and must include in particular:
a. 11 car parking spaces and 4 scooter parking spaces must and made accessible
during operation hours
b. 2 staff parking spaces within the total
c. 1 parking space for people with disabilities, and clearly marked for that purpose
d. 4 scooter parking spaces with clearly marked access aisle to prevent conflict
with parked vehicles
e. Loading zone and service vehicle/s parking, manoeuvring and standing area
clearly lined marked and posted
f. Parking spaces to be sufficiently sign posted and line marked to specify their
use (eg staff parking, customer parking etc)
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
g. Wheel stops, parking spaces dimensions and configurations, linemarking and
signs must be provided in accordance with Australian Standard AS2890 for
Parking Facilities and the applicable standards and guidelines
h. Providing kerb and/or edging between the landscaped and parking area where
required
i. Well defined routes for pedestrian movements within the parking area
j. provision of vandal resistant public lighting with intensities to satisfy the
requirements of Australian Standard AS1158: Public Lighting Code
k. Investigation and assessment of the existing drainage system and stormwater
disposal from the site to ensure no adverse impact is caused on other
properties and/or the road reserve
19. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
ENVIRONMENTAL HEALTH
Noise
20. Mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps etc. must be situated within the building or suitably provided
with noise reduction measures and located as to prevent a noise nuisance beyond
the boundary of the site and not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
(Excludes On-Site Ancillary Dwelling Unit – Caretakers Unit)
PERIOD Noise level at noise sensitive place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm Background noise level plus 5 dB(A)
10pm – 7am Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD Noise level at a commercial place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm Background noise level plus10 dB(A)
10pm – 7am Background noise level plus 8 dB(A)
21. When requested by Noosa Council, a Noise Impact Assessment Report (NIAR)
showing monitoring and recording of noise levels must be undertaken to investigate
any non-vexatious complaint caused by noise emissions from operations at the
premises. Such monitoring must be undertaken and completed within a reasonable
and practicable timeframe as nominated by council and be performed by a suitably
qualified and experienced person.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
The NIAR must be submitted to Council detailing the results of such monitoring and
recommendations for any measures to achieve compliance with limits outlined in
Table 1 of this Decision Notice.
22. Measurement of sound pressure levels (adjusted for tonality and impulse) must be in
accordance with Australian Standard AS1055.1 “Acoustics – Description and
measurement of environmental noise – General procedures”.
For the purpose of measuring and certifying relevant noise conditions and reporting
(eg. mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps etc ), a suitably qualified person is either:
a. Registered Professional Engineer of Queensland, or
b. an environmental consultant with a minimum of 3 years current experience in
the field of acoustics.
Air
23. Offensive odours, dust, smoke, fumes, particulates, or other contaminants likely to
cause a nuisance must not be emitted beyond the boundaries of the premises.
24. Incineration or open burning is not permitted on the premises.
Outdoor Lighting Devices
25. Lighting associated with the use must be designed, sited, installed and tested to
comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the
obtrusive effects of outdoor lighting” using a control level of 1.
Waste Disposal
26. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial
and Industrial Premises”. The facilities must include an impervious area, within the
site, correctly sized for all refuse and recycling containers and suitably screened from
public places and neighbouring properties. A bin wash area is required with a cold-
water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain
outlet must be designed to prevent storm water entry to the sewerage system.
27. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
B. Find that the brew café is ancillary and complementary to the primary industrial use on site
and will not adversely impact on industrial uses in the area and therefore is sufficient
grounds to justify the decision despite the conflict with the Planning Scheme.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The proposed development seeks a development permit for material change of use for Industrial
Business - Type 2 Production, alteration, repackaging and repairing (Brewery) and Entertainment
& Dining Business - Type 3 Bar (Brew Café) over the western portion of 130 Eumundi Noosa
Road Noosaville.
The proposed development is to be conducted within an existing building which fronts Venture
Drive and Project Avenue. Internal alterations are proposed to provide a mezzanine level which
will increase the building floor area from 400m² to 505m².
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
The proposed entertainment and dining area (Brew Café) occupies about 130m², and comprises
inside dinning, an outdoor terrace area and toilets, with a kitchen, servery and bar area being a
further 55m². The industrial component (Brewery) occupies about 185m² at ground level and
about 135m² at the mezzanine level which provides for an office, boardroom, storage and toilets.
The upstairs boardroom area forms part of the Brewery for office purposes and is not proposed
to be utilised as part of the Brew Café. The total use area for the development is about 505m²
(including the new outdoor terrace area on the western side which occupies about 55m²). The
overall area of this outdoor terrace is about 55m² with the corner of the site to Project Avenue
and Venture Drive to be landscaped.
It is understood that 2 staff are required for Brewery production and 2 staff will be employed for
the administration and sales component initially though this may increase subject to production.
A further 6 additional staff will be employed for the operation of the bar and kitchen area
associated with the Brew Café. An extract of the proposal plans is provided as Figure 1, below.
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Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Figure 1 - Proposal Plans
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
It is proposed to provide 8 carparking spaces for visitors, plus 2 carparking spaces in tandem for
staff, plus 1 disabled carpark, and 4 scooter spaces. A Coaster bus (12 seats) will also operate
from the site for customers for occasional transfers and associated tours of the Brewery. A
Pantech truck (6m x 2.4m) will undertake deliveries which is to be parked in the covered loading
area at night. It is intended that the Coaster bus will utilise the loading area when attending the
site during normal business hours for Brewery tours, which is to be managed to not clash with
onsite deliveries. The Brew Café will also be attended by external brew tours.
Operating hours are proposed to be 7am to 4pm Monday to Friday and 7am to 12 noon on
Saturday for the industrial business (Brewery), and 5pm to 12pm Monday to Friday and 12 noon
to 12 pm Saturday and Sunday for the entertainment and dining business (Brew Café). A
business identification sign is proposed (about 4m² in area) which is to be placed on the front
façade of the building facing Venture Drive.
2. SITE DETAILS
2.1. Background
The application was lodged and properly made on 20 September 2018, with a Confirmation
Notice issuing on 5 October 2018. The application as originally made was for a development
permit for material change of use for Entertainment & Dining Business - Type 1 Food & Beverage
(Brewery Tasting Area) and Industrial Business Type 2 Production, Alteration, Repackaging &
Repairing (Brewery).
An Information Request was issued by Council on 19 October 2018, raising a number of
concerns about the operation of the business, in particular the use of the outdoor terrace area
and seeking further justification about the lack of carparking being provided.
On 26 February 2019, a request was received to change the application, which resulted in a
second Confirmation Notice being issued on 7 March 2019. This proposal was for a development
permit for material change of use for Entertainment & Dining Business - Type 3 Bar (Brew Café)
and Industrial Business Type 2 Production, alteration, repackaging & repairing (Brewery), with
the inclusion of part of the adjoining land at 134 Eumundi Noosa Road to provide additional
carparking for the development. This necessitated a second Confirmation Notice and a second
Information Request being issued on 14 March 2019. The applicant responded to this second
Information Request on 18 March 2019.
The applicant proposed to include land to the south (134 Eumundi Noosa Road) to provide
additional parking by lease agreement; however, this arrangement was not acceptable because
the tenure of the land could not be guaranteed in the long term. This is because the applicant
was not able to provide an easement over the land in favour of 130 Eumundi Noosa Road or
amalgamate the land.
As a result, further discussions were held with the applicant to try and remedy the situation. The
applicant subsequently changed the proposal which now applies over the subject land (130
Eumundi Noosa Road) only and it is agreed to operate the Brew Café outside normal business
hours. It is suggested that this would alleviate the concerns about a lack of carparking being
available on site for the uses.
It was determined that pursuant to Schedule 1 of the Development Assessment Rules, the
proposal is not substantially different and therefore the change is a ‘minor change’ pursuant to
the definition under Schedule 2 of the Planning Act 2016.
It is also noted that the applicant has commenced building works on site and a ‘stop work’ notice
was issued. This included the construction of an outdoor terrace area beside the western
boundary and the mezzanine level.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
2.2. Site Description
The proposed development is located within the Noosaville Industrial Estate. To the east of the
site is an existing industrial business (Bridgestone Tyres and Mechanical) and associated
carparking orientated towards and fronting Eumundi Noosa Road (refer Figure 1).
Figure 1 – Aerial Photograph
The existing industrial building and associated parking to be used for the proposed development
is located towards the western end of the site and fronts Venture Drive and Project Avenue. The
subject site falls to the west towards Project Avenue.
The existing shed has a height of about 6m and an existing floor area of about 400m², with an
unapproved mezzanine storage area included. The subject land has a frontage of about 20m to
Venture Drive and 35m to Project Avenue.
A number of trees and some landscaping is provided at the Venture Drive frontage in the front of
the sealed parking area. Some street trees exist in the road reserve and onsite at the Project
Avenue frontage. The existing carpark and driveway are sealed with access obtained from
Venture Drive.
2.3. Surrounding Land Uses
The site is generally centrally located within the existing industrial estate with a range of other
uses primarily of an industrial nature located to the north, south, and west. To the east of the
existing building and on the same allotment is Bridgestone Tyre and Mechanical. To the south is
vacant land with the portion fronting 134 Eumundi Noosa Road occupied by Noosa Pit Stop
mechanical service centre. Each of the above uses have carparking at the frontage to Eumundi
Noosa Road.
It is noted that other approvals for similar developments have been approved for breweries within
the Industry zone, with food and beverage being ancillary and complementary to the primary
industrial use (refer MCU16/0112 – Heads of Noosa & MCU16/0133 - Land & Sea).
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
Noosa Plan 2006; and
The Draft New Noosa Plan (to the extent weight should be given to this document with
public notification recently completed).
3.2. State and Other Statutory Instruments
State Planning Policy
The State Planning Policy 2017 (SPP) predates the Noosa Plan 2006, and therefore is to be
considered in the assessment. With respect to the SPP, the assessment of the application does
not raise any matters that require assessment.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is for
an urban purpose and is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application is subject to impact assessment and therefore is to be assessed against the
whole of the planning scheme. The application is to be assessed against the following codes to
the extent relevant for the proposed Industrial Business Type 2 Production, Alteration,
Repackaging, & Repairing (Brewery) and Entertainment & Dining Type 3 – Bar (Brew Café):
- Noosaville Locality Code;
- Business Uses Code;
- Landscaping Code; and
- Engineering Works Codes
Noosaville Locality Provisions
The subject land is located in the Noosaville Locality and is included in the Industry zone. The
proposed Industrial Business Type 2 (Brewery) use is consistent within the Industry zone and
would ordinarily be subject to code assessment because the proposal involves new building work
and there is an increase in use area. The Entertainment and Dining Type 3 – Bar (Brew Café)
use is not consistent within the Industry zone and is therefore subject to impact assessment.
Other approvals for similar developments have been approved for breweries within the Industry
zone, with food and beverage being ancillary and complementary to the primary industrial use
(refer MCU16/0112 – Heads of Noosa & MCU16/0133 - Land & Sea). These uses were approved
on the basis that the scale of food and drink are to remain ancillary to the predominate industrial
use, and associated car parking requirements were able to be provided for on site. Further, these
developments would not cause any significant amenity or traffic impacts being located within the
industrial estate.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Land Use & Works Provisions
The application has been assessed against the applicable codes. The pertinent issues arising
from the assessment are discussed below.
Land Use
Under the Noosaville Locality Code, the industrial use component (Brewery) is an acceptable use
at this location. Under the definition for industry this type of use allows for the sale of goods
resulting from such operations provided the sales area does not exceed 20% of the use area.
Under the current proposal the total use area is 505m², including:
320m² for the Brewery (comprising 185m² at the ground floor plus 135m² for the
mezzanine) this being about 63% of the total use area attributable to the industrial use
component;
130m² for the Brew Café (comprising 15m² toilets, 60m² for front bar and 55m² for the
outdoor terrace area) this being about 26% of the total use area attributable to the
entertainment and dining component; and
55m² for back of house kitchen/bar area this being the remaining 11%, which potentially
forms part of the both uses.
To ensure any impacts associated with carparking are adequately addressed and the
predominant use of the site remains industrial, the following daytime and evening trade hours are
proposed:
Daytime Hours
The applicant proposes not to use the outside terrace and dining area during the week during
daytime hours, with limited retail packaged sales and brewery tours occurring during normal
business hours. The industrial component of the business (Brewery) is the dominant use during
the weekday operating Monday to Friday from 7am to 4pm and on Saturday from 7am to 12
noon. This is generally consistent with the surrounding industrial business uses in the estate.
Evening Hours
The Brew Café will operate Monday to Friday from 5pm to 12pm and from 12noon to 12pm on
Saturday and Sunday when the surrounding industrial businesses are closed.
While Entertainment and Dining Type 3 – Bar use is not a consistent use within the Industry
Zone, the proposed Brewery remains the dominate use on the site. There is also some support
for this component (Brew Café) under the Draft New Noosa Plan, which is discussed below.
Carparking
Under the Driveway and Parking Code, specific outcome O7 requires sufficient carparking to be
provided to accommodate the number and type of vehicles likely to be generated by the
development. This is to be considered in context with the following:
the type and intensity of the use;
any existing parking available;
hours of operation;
likely number of users;
peak parking demands;
the availability of alternative parking.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
In this case the following carparking numbers are required for each component of the use having
regard to Table 14-51 Vehicle Parking Requirements:
Brewery – 1 space per 30m² or part thereof of the use area for areas up to 150m², which
equates to 5 spaces, and 1 space per 50m² of use area for areas up to 500m², this being 4
spaces for the remaining 225m², with the total parking requirement for the Brewery being
9.5 spaces (320m² of use area, plus 55m² for back of house); and
Brew Café – 1 space per 10m² of use area this being 13 spaces.
The subject land provides for 11 carparking spaces and 4 scooter spaces (equivalent to 1
carparking space under Table 4.1 PSP26) sufficient for the Brewery. However under the current
planning scheme there would not be sufficient onsite parking for the Brew Café however, this use
is to operate primarily outside of normal business hours and after midday on weekends
(discussed above).
This means should there be a need for overflow parking there will be capacity within the adjoining
streets given other businesses are likely to be closed outside of normal business hours.
Consequently, the operation of the Brew Café should not have a significant impact upon parking
and operation of other businesses in the area. Conditions of approval have been recommended
that deal with the hours of operation for the Brewery and the Brew Café as well as the allowable
use areas.
It is noted that under the draft New Noosa Plan, the applicable parking rate for a Food and Drink
Outlet is 1 space per 20m², excluding kitchen areas. This means the Brew Café would require 7
spaces, which could be accommodated onsite, when the Brewery is not operating.
A 6m long courtesy ‘Coaster’ bus able to cater for up to 12 persons is also proposed, which will
utilise the loading and manoeuvring onsite for the loading area of a medium ridged vehicle
(Pantech). Bicycle parking (5 racks) is to be provided adjacent to the waste storage area. It is
understood that some tours and tastings will occur during normal business hours, with patrons
arriving by Coaster bus. This should not have an adverse impact upon onsite parking or other
businesses in the locality provided this is managed appropriately.
Building Setbacks and Landscaping
With respect to building setbacks, the industrial use is to be located within an existing building
and therefore complies; however, a portion of the Brew Café is to operate from an outdoor open
terrace area along the western boundary. This component of the use has already been
constructed and extends to the boundary with no landscaped setback being provided.
Under specific outcome O9 of the Noosaville Locality Code, specifically A9.1, the proposed
development is to meet the setback requirements under Schedule 1 for the Industry Zone, which
is 6m to the primary frontage and 4.5m setback to the secondary frontage. The existing building
has more than a 6m setback to Venture Drive and a 4.5m setback to Project Avenue.
Under specific outcome O195, it is expected that the frontage contains landscaping without
adversely screening the business or visitor carparking. Under S195.2, a minimum of 2m of soft
landscaping is to be provided. The outdoor terrace is about 22m in length, extends to the
boundary with no landscaping provided. Following discussions with the applicant, the applicant
has agreed to landscape about half of the outdoor terrace area as shown on the proposal plans
(refer Figure 1).
It is suggested that while the outdoor terrace area is not setback from the western boundary, the
additional landscaping now proposed within the terrace area to the north of the use area (refer
Figure 1) will provide substantially more landscaping at the frontage, which is acceptable in this
instance.
Page 30 of 133
Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
4. DRAFT NEW PLANNING SCHEME
Under the Draft New Noosa Plan, the subject land is included in the Medium Impact Industry
zone.
Under Table 5.5.10 for the Medium Impact Industry Zone a Medium Impact Industry is code
assessable where the use area is being increased, which would be the case here.
The proposed Brew Café would be defined as a Food and Drink Outlet, which is also code
assessable where associated with and subordinate to an industry activity onsite and not
exceeding 60m² GFA. According to the town planning report, the total GFA is 457m². The
Brewery component has a GFA of about 327m² which is 72%, the Brew Café 75m², plus 55m² for
outdoor terrace totalling 130m², which equates to about 28%. Consequently, under the draft New
Noosa Plan, the food and drink outlet component would be subject to impact assessment.
Role & Function
Under the specific outcome PO1 of the Medium Impact Industry Zone Code, …the Medium
Impact Industry zone accommodates medium impact industries, businesses and supporting
ancillary uses. For ancillary uses the gross floor area of any food and drink outlet, retail or office
component does not exceed a combined gross floor area of no more than 40% of the total gross
floor area of the site with:
Any ancillary retail sales or office use component having an individual gross floor area no
greater than 30% of the total gross floor area of the site; and
Any food and drink outlet component having an individual gross floor area no greater than
30% of the total gross floor area of the site or 60sq.m, whichever is the lesser.
Having regard to the above, the Brew Café (food and drink outlet) should not exceed 60m² of
GFA, with 30% of the GFA on site being about 136m². The proposed Brew Café has a GFA of
about 130m², including the kitchen and bar area, which is about 28% of the total GFA.
The proposed development meets the 30% maximum GFA component and remains ancillary to
the industrial brewery component.
Food and drink outlet
Under specific outcome PO4, … any food and drink outlet is to be:
directly related and ancillary to a bonafide industry use on site; and
small scale and subordinate to the industry use on-site.
The proposed Brew Café is directly related to the operation of the Brewery. Further, the scale of
the Brew Café could be reasonably considered to be small scale and subordinate to the industry
use, being less than the 30% nominated under PO1. The proposed development is generally
consistent with these outcomes sought under the new draft planning scheme.
5. CONSULTATION
5.1. Referral Agencies
The application was referred to the following Referral Agencies:
- Nil
5.2. Other Referrals
The application was forwarded to the following internal Council officers:
Engineering
Environmental Health
Page 31 of 133
Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
5.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. Two (2) properly made submissions were received raising some valid planning issues.
Since the public notification of the application was undertaken the application has been changed
with the two uses (Brewery and Brew Café) effectively operating independent of each other,
which ameliorates carparking concerns. Further, the development now relates to 130 Eumundi
Noosa Road and does not propose to use part of 134 Eumundi Noosa Road for additional
parking.
The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised Comments
Insufficient carparking is a concern. Including The application has been amended so that the Brewery
on street overflow carparking and traffic and Brew Café effectively operate at different times,
movement. Concerns about traffic and safety with the Brew Café operating outside normal business
on roads and intersections, and pedestrians hours. Consequently, with respect to peak parking
at night. demand, it is not expected that the proposed
development will have a significant impact offsite on
other land uses in the area.
Brewery has already operated without It is agreed that the proposed development has
approval. commenced building works without the necessary
development approval. A number of ‘stop work’ notices
have been issued over for the site in relation to this
issue.
Waste management with respect to odour With respect waste management and the general
from exhaust fumes adversely impacting operation of the Brewery, the Brewery will need to
upon adjoining land. comply with current standards. The Brewery component
is an industrial business use and is expected to be
located within the Industry Zone and it is reasonably
expected that there will be some offsite impacts.
Conditions of approval have been imposed with respect
to noise and odour emissions.
There is an on-going stormwater issue No works are now proposed over land at 134 Eumundi
associated with stormwater from 134 Noosa Road. This is a civil matter between both
Eumundi Noosa Road impacting upon 136 property owners and it not a relevant planning matter.
Eumundi Noosa Road.
The owner of 136 Eumundi Noosa Road Given that the development is now proposed over land
would like all boundary fencing, landscaping, at 130 Eumundi Noosa Road the fencing at the
retaining walls to be erected at no cost. boundary of 136 Eumundi Noosa Road is not relevant.
6. CONCLUSION & REASONS FOR DECISION
The proposed development seeks a development permit for material change of use for Industrial
Business Type 2 - Brewery and Entertainment and Dining Type 3 - Brew Café at 130 Eumundi
Noosa Road.
The application was originally made over 130 and 134 Eumundi Noosa Road, with additional
parking being proposed on part of 134 Eumundi Noosa Road. Following discussions with the
applicant about the long term tenure of the parking on 134 Eumundi Noosa Road, the application
was changed. It is now intended that the Brewery will operate Monday to Friday from 7am to 4pm
and Saturday from 7am to midday and the Brew Café will operate from Monday to Friday from
5pm to 12pm and Saturday and Sunday from 12 noon to 12pm.
Page 32 of 133
Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Being located within the industrial estate it is not expected the operation of the Brew Café during
these times will adversely impact upon the amenity of the area. It is noted that liquor licensing
requirements will also apply to the Brew Café component.
This means that the operation of the Brewery and the Brew Café will not overlap. Onsite parking
is considered adequate in this case, given the Brew Café will operate outside normal business
hours and overflow parking should be readily available in the street which will not have a
significant impact upon other businesses in the locality.
The Brew Café is directly associated with the Brewery operation on the land. The scale of the
proposed Brew Café comprises about 26% of the use area and remains ancillary to the Brewery
or industrial use. The proposed Brew Cafe is defined as a food and drink outlet under the New
Noosa Plan and is consistent where directly related to and ancillary to an industrial use operation
onsite, which is the case here.
There are no amenity concerns raised by the proposed Brew Café. Further, there is no concern
with respect to the operation of the use from the premises, given the hours of operation for the
Brewery and Brew Café do not overlap. Further, about half of the outdoor terrace area adjacent
to the western boundary of the site is to be landscaped which is desirable given the terrace area
as constructed extends to the western boundary.
The application is recommended for approval subject to reasonable and relevant conditions
being imposed for the operation of the proposed Brewery and Brew Café. Some restrictions have
been placed on the extent of use areas and the hours of operation for each component and with
respect to guided tours of the Brewery being allowed during normal business hours.
Departments/Sections Consulted:
Chief Executive Officer X Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
X Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 33 of 133
Section 34
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Page 34 of 133
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3Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
3 MCU18/0158 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE
FOR RETAIL BUSINESS TYPE 2 - SHOP AND SALON AND RECONFIGURATION OF A
LOT (BOUNDARY REALIGNMENT) AT 34 ELM STREET, COOROY
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/ MCU18/0158
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Kexron Pty Ltd
Proposal Material Change of Use - Retail Business - Type 2 Shop & Salon
and Reconfiguring a Lot (boundary realignment)
Properly Made Date 18 October 2018
Information Request Date 8 November 2018
Information Response Date 17 December 2018
Decision Due Date 7 March 2019
Number of Submissions 0
PROPERTY DETAILS
Property Address 34 Elm St Cooroy Qld 4563
RP Description Lot 4 RP 72698
Lot 5 RP 72698
Lot 6 RP 72698
Land Area 673m²
673m²
665m²
Existing Use of Land The site is currently vacant – previous motel has recently been
demolished
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroy and Lake Macdonald
Zone Attached Housing Zone
Overlays Nil
Assessment Type Impact
Page 35 of 133
Section 36
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 11 June 2019 regarding MCU18/0158 for a Development Permit for
Material Change of Use - Retail Business - Type 2 Shop & Salon and Reconfiguring a Lot
(boundary realignment), situated at 34 Elm Street, Cooroy and:
A. Approve the application and grant a Preliminary Approval subject to the following
conditions:
1. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are numbered DA-
16.0518 2A – 4A prepared by Andrew McKeller Design and dated April 2019. These
plans must be amended in accordance with the following conditions.
2. Amended plans must be submitted to Council prior to any further development
applications being made and must include the following to the reasonable satisfaction
of the Manager, Development Assessment:
2.1 The total use area for the Retail Business - Type 2 to be reduced to 620m2 or
less.
2.2 The development to be setback 4.0 metres from Diamond Lane.
2.3 The northern elevation to be provided with increased articulation and variation
of materials consistent with the built form character of the Cooroy township.
Character window awnings must not project into the land to be dedicated to
Council.
2.4 The roof form of the building adjacent to the northern elevation to be a minimum
of 12 degrees with minimum 600mm eaves.
2.5 A maximum of four car spaces and four scooter spaces within the Opal Street
road reserve as shown on the plan at Schedule 3 of the Infrastructure
Agreement between Noosa Shire Council and Kexron Pty Ltd.
2.6 A minimum 2.0 metre-wide landscaping strip, within the lot, to the Diamond
Lane frontage adjacent to the full length of the building and outside the area to
be dedicated. This landscaping must comprise a mix of ground covers, shrubs
and small trees
2.7 The provision of island landscaping within the Opal Street road reserve in the
currently paved area between the scooter spaces and the car parking spaces.
The landscaping is to include a small tree.
When Conditions must be Complied With
3. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all time while the
use continues.
Dedication
4. Prior to the issue of any Development Permit for Operational Works or the sealing of
any survey plan associated with the development approval, whichever occurs sooner,
a two (2.0) metre wide strip extending across the full length of the frontage to
Diamond Lane is to be dedicated to Council as ‘Road’.
Page 36 of 133
Section 37
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Performance Bond
5. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to the pre-start meeting. The cash bond or trading bank guarantee will
be returned on performance of the conditions of approval less any costs incurred by
Council in respect of enforcing performance of this permit. Council reserves the right
to call upon the bond or guaranteed sum to effect compliance with conditions.
Nature and Extent of Approved Use
6. The approved use must not operate outside the hours of:
a. 6am to 10pm Monday to Thursday
b. 6am to 12am Friday and Saturday
c. 6am to 10pm Sunday or any public holiday
The requirements of this condition must be included in the Community Management
Statement for any body corporate for the subject site.
7. The approved uses must not cause nuisance as a result of noise emission.
8. Entertainers or speakers used to amplify noise must not be located in any outdoor,
verandah, patio, footpath or beer garden area of the premises.
Building Appearance
9. Ground floor shopfront glazing along the frontages must be fully transparent to a
minimum of 50% of the street frontage to allow passive surveillance and encourage
social interaction, and must be provided at full height (floor to ceiling).
10. The external finishes of the building must include a mix of materials, variation in roof
form and extensive eaves as shown on the Approved Plans and as required by the
conditions of approval.
11. All mechanical equipment and other service infrastructure located on the site must
be:
a. located not less than 2 metres from a property boundary; and
b. fully enclosed or screened such that they are not visible from the street
frontages nor adjoining properties. Where screened by landscaping,
landscaping beds must be at least 1.5 metres wide.
Advertising Devices
12. A maximum of two pylon signs are permitted for the whole development, with no
more than one pylon sign for any frontage.
Site Access and Driveways
13. A sealed access driveway must be provided from Opal Street to all parking and
manoeuvring areas of the development. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
a. driveway crossovers in accordance with Council’s standard drawing RS-051
b. suitable safety measures, including warning signage, to improve driver
awareness of pedestrians and enhance pedestrian safety. Warning signage
must be provided near the driveways to warn motorists of pedestrian
movement along the street frontages
14. All vehicles must enter and leave the site in a forward direction.
Page 37 of 133
Section 38
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Car Parking
15. The applicant will comply with the requirements of any infrastructure agreement
entered into with the Council with respect to the payment of car parking contributions
(and provision of onsite carparks and car parking within the road reserve) in relation
to the proposed development. In the event that the above does not apply a minimum
of 26 car parking spaces must be provided and marked on the site and made
available and accessible at all times while the use is open for business.
16. A minimum of 23 car parking spaces must be provided and marked on the site and
made available and accessible at all times while the use is open for business.
Additional 4 car spaces and 4 scooter spaces must be provided and marked within
the Opal Street road reserve and made available and accessible at all times while the
use is open for business and for public use. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
a. pedestrian routes in accordance with the approved plans
b. provision of vandal resistant public lighting with intensities to satisfy the
requirements of Australian Standard AS1158: Public Lighting Code
c. 1 disabled parking space/s within the total, inside the property
d. dimensions, crossfalls and gradients in accordance with Australian Standard
AS2890: Parking Facilities
17. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
18. Directional signage must be provided to direct visitors and customers to the car
parking spaces provided on site.
Service vehicles
19. A loading bay is to be provided, in the site, in accordance with the approved plans
and must include in particular:
a. A boom gate which limits access to delivery vehicles only (maximum size -
medium rigid vehicle)
b. Left turn only on to Diamond Lane from the loading bay.
20. Service vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 6am to 6pm Monday to Saturday and
not at all on Sundays or public holidays. The requirements of this condition must be
included in the Community Management Statement for any body corporate for the
subject site.
External Works
21. The bus stop and associated infrastructure (e.g. bus shelter) on Elm Street shall be
relocated in accordance and in consultation with the Department of Main Roads and
Translink’s requirements. Any required adjustment to the pathway and kerb must be
carried out at the applicant/developer expense.
22. The full frontage of the site to Elm Street must be upgraded in accordance with an
Operational Works approval and must include in particular:
a. a new 2.0m wide concrete pathway
b. removal of any redundant property accesses and reinstatement of the kerb and
verge area to match the upgraded frontage, including the provision of topsoil
and turf where required
c. upgrading the existing pram ramp
Page 38 of 133
Section 39
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Conditions 22 a and c are imposed pursuant to s128 of the Planning Act 2016 being
necessary trunk infrastructure identified by Council’s LGIP to service the
development.
23. Diamond Lane must be upgraded for the full length of the frontage to the subject site.
The works must be undertaken in accordance with an Operational Works approval
and must include in particular:
a. Road widening, refuse truck loading zone and kerb and channel;
b. removal of any redundant property accesses and reinstatement of the kerb and
verge area to match the upgraded frontage, including the provision of topsoil
and turf where required; and
Condition 23 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
24. The road verge along the frontage of the site to Opal Street must be upgraded in
accordance with an Operational Works approval and must include in particular:
a. a new 2.0m wide concrete pathway with adjusted alignment and construction
methods as necessary to protect the survival of existing street trees
b. construction of car and scooter parking in accordance with the Infrastructure
Agreement
c. Reinstatement and landscaping
Condition 24 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Pedestrian and Bicycle Facilities
25. Pedestrian and bicycle facilities must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. Internal pedestrian footpaths in accordance with the approved plans
b. a total of 8 bicycle parking spaces
c. end of trip facilities involving 4 lockers and 1 shower with ancillary change
rooms.
Public Safety
26. All ground floor shopfront glazing must be protected against vandalism by the use of
a form of safety glass such as toughened or laminated glass.
27. During operating hours, all parking areas, pedestrian areas and entrances/exits to all
stairwells, foyers and public toilets must be well lit with vandal resistant lighting and
with intensities to satisfy the requirements of Australian Standard AS1158 “Public
Lighting Code”. Lighting must be designed to reduce the contrast between shadows
and well lit areas. In particular, appropriate security lighting must be provided in the
location shown at the corridor servicing the toilets and change room.
Electricity and Telecommunication Services
28. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
29. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and
all applicable legislation at the time of construction.
Page 39 of 133
Section 40
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Easements
30. Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property.
31. All easements must be designed in accordance with the planning scheme and
granted at no cost to the Grantee. Where the Grantee is Council or a service
authority, the easement documentation must be in accordance with the Grantee’s
standard easement terms. Draft easement documentation must be submitted to
Council for endorsement.
32. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
33. All fill and associated batters must be undertaken in accordance with an Operational
Works approval, and contained entirely within the subject site unless written
permission from the respective landowner(s) is provided to Council.
34. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All
retaining walls that are publicly accessible and exceed 1.0m in height must be fitted
with a commercial grade safety fence.
Damage to Services and Assets
35. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the
development.
Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
Landscaping Works
36. The development site must be landscaped prior to the commencement of use. The
works must be undertaken in accordance with an Operational Works approval and
the Noosa Plan for that specific area and must include in particular:
a. The landscape areas generally shown on the approved Site Plan/Ground Floor
Plan Rev. A prepared by Andrew McKellar Design dated April 2019 with the
following amendments:
i. A minimum 2.0 metre-wide landscaping strip, within the lot, to the
Diamond Lane frontage adjacent to the full length of the building and
outside the area to be dedicated as lane. This landscaping must comprise
a mix of ground covers, shrubs and small trees
ii. The provision of island landscaping within the Opal Street road reserve in
the currently paved area between the scooter spaces and the car parking
spaces. The landscaping is to include a small tree.
iii. All trees to be a minimum pot size of 100 litres and consist of local native
tree species.
iv. Views of the tree planted on site at the corner of Opal and Elm Streets
must not be impeded by the proposed feature wall, the feature wall must
have a maximum height of 1200mm from natural ground level.
Page 40 of 133
Section 41
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
b. The retention of the three street trees to the western end of the Opal Street
frontage.
c. Sub-terrain tree planting area demonstrating at least 4m³ area of structured
soils per tree is available for root growth and is not subject to compaction.
d. Details and depths of all landscaping soils, especially where subject to
compaction relating to filling of the site.
e. Details of any signage proposed to be located within areas identified for
landscaping.
37. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures
healthy, sustained and vigorous plant growth. All plant material must be allowed to
grow to full form and be refurbished when its life expectancy is reached.
Stormwater Drainage
38. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be undertaken in accordance with an Operational
Works approval.
39. The plans submitted for the Operational Works approval must be prepared and
certified by suitably qualified RPEQ and include calculations in accordance with
Queensland Urban Drainage Manual and must confirm that that not increase in
stormwater runoff for all storm events up and including 1% AEP.
40. Stormwater runoff from the development must be disposed of on-site without causing
scour, damage or ponding on the subject site or any adjoining property.
Waste Disposal
41. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial
and Industrial Premises”. The facilities must include an impervious area, within the
site, correctly sized for all refuse and recycling containers and suitably screened from
public places and neighbouring properties. A bin wash area is required with a cold-
water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain
outlet must be designed to prevent storm water entry to the sewerage system.
42. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
43. Public bins must be provided throughout the car park to reduce littering. Bins
provided must be for refuse and recycling and be decanted into the bulk bins by the
site operators.
44. Service vehicle parking, manoeuvring and standing space along Diamond Lane must
be provided in accordance with the approved plans. The works must be undertaken
in accordance with an Operational Works approval.
RECONFIGURING A LOT
When Conditions Must Be Complied With
45. Unless otherwise stated, all works required by the conditions of this Decision Notice
must be completed prior to submission of the subdivision plan to Council for
compliance assessment.
Page 41 of 133
Section 42
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Approved Plans
46. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
DA-16.0518.2A A Site plan/Ground floor plan April 2019
47. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Dedication
48. The submitted Plan of Survey shall include a two (2.0) metre wide strip extending
across the full length of the frontage to Diamond Lane is to be dedicated to Council
as ‘Road’.
Water & Sewer Connections
49. An underground connection to reticulated water and sewerage must be provided to
each lot in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to each lot.
Community Management Statement
50. Any proposed Community Management Statement required for the development
pursuant to the Body Corporate and Community Management Act 1997 must be
submitted to Council for endorsement at the same time as submission of the
subdivision plan to Council for compliance assessment.
51. All clauses and by-laws of the proposed Community Management Statement must
accord with the requirements of this Decision Notice.
B. Enter into an Infrastructure Agreement with the applicant that provides for the dedication of
part of the site for future widening of Diamond Lane, constructed car parking within the
road reserve and contributions in lieu of 3 on-site car parking spaces.
C. Find the following sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. The use of the land for retail businesses is consistent with the pattern of surrounding
zoning and development.
2. The proposed development is compatible with other uses within proximity of the site
and will not have any significant adverse impacts on the amenity enjoyed by users of
other premises.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 42 of 133
Section 43
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
REPORT
1. PROPOSAL
The application seeks to develop a convenience shopping centre and realign the boundary of the
three existing lots to reflect the proposed shopping centre layout.
The convenience shopping centre comprises nine tenancies. Four of the tenancies are located
within two separate buildings on the Opal Street frontage. A single building containing 5
tenancies is proposed adjacent to Diamond Lane with access to these tenancies being internal to
the site. Public facilities are proposed at the eastern end of this building.
The tenancies for the convenience shopping centre range from 40m2 to 140m2 in use area with a
total use area of 678m2 proposed. An additional 55m2 is proposed for public toilets and bin
storage.
The following table details the use area for each tenancy.
Tenancy 1 2 3 4 5 6 7 8 9 Total
Use 57m2 140m2 77m2 78m2 78m2 76.5m2 76.5m2 50m2 45m2 678m2
Area
It is proposed that the site be accessed from Opal Street with a crossover situated adjacent to
the eastern boundary. Egress for medium rigid vehicles is proposed on to Diamond Lane, with
these vehicles required to exit left only from the site.
A total of 23 car parking spaces and a loading bay are proposed on site. The application
proposes to convert a partially paved area within the Opal Street road reserve into 5 car parking
spaces and 8 scooter spaces. The paved area has previously been used for the Council’s mobile
library and is now occasionally used by a breast screening service.
The reconfiguration component of the application seeks to realign the boundaries of the three
existing lots to reflect the proposed site layout with an easement proposed to facilitate access
between lots and share car parking.
In response to Council officer concerns the applicant recently amended the layout of the
development from what was originally submitted. The original development included a second
storey to the building which abuts Diamond Lane for 2 dwelling units. The original layout
proposed built form to the full length of the Diamond Lane frontage, 2 crossovers to the Opal
Street frontage, additional car parking on-site (1 car space and 8 scooter spaces) and a reduced
landscaped area.
The application is before Council due to the prominence of the site and the requirement for an
Infrastructure Agreement to be entered into. The Infrastructure Agreement is required as it is
proposed that the applicant make contributions in lieu of a shortfall of three car parking spaces,
that land be dedicated to Council for future widening of Diamond Lane and car parking for the
development provided within the Opal Street road reserve.
The following images detail the locality plan, site and elevations plans of the development. The
proposed lot arrangement is detailed on the Site/Ground Floor Plan. A copy of the Proposal
Plans is included in Attachment 1.
Page 43 of 133
Section 44
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Figure 1 - Locality Plan
Figure 2 - Site/Ground Floor Plan
Page 44 of 133
Section 45
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Figure 3 - Elevation Plans
2. SITE DETAILS
2.1. Background
Council records identify that the use of the site for the purpose of a motel and caravan park pre-
dated 1986. Buildings and associated structures with the previous use have recently been
removed from the site.
2.2. Site Description
The application relates to three existing lots which are prominently located on the eastern side of
Cooroy. All lots have a frontage to Elm Street with the northern and southern lots having an
additional frontage to Diamond Lane and Opal Street respectively. The site is relatively flat and
no vegetation exists on site. A sewerage easement dissects the site from west to east.
2.3. Surrounding Land Uses
A range of varying zones and land uses apply to the surrounding area. The abutting land to the
east of the site is zoned Open Space Recreation and is occupied by a lawn bowls club with the
bowling green located adjacent to the site’s common boundary. Land to the north and south of
the subject site is zoned Business Centre and includes a range of commercial uses including
service stations and shops. Land to the north-east is zoned Community Services and was
previously an Energex Depot. A development application has been lodged on this site for offices,
shops and units.
Page 45 of 133
Section 46
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
A bus stop is situated within the Elm Street road reserve with a phone box, electricity sub-station
and power pole located in the Opal Street road reserve near the intersection with Elm Street.
The following image details the varying zones within proximity of the subject site.
Figure 4 - Land zoning surrounding the subject site
2.4. Pre-lodgement discussions
A formal pre-lodgement meeting was held with the appplicant’s consultant and the property
owner on 5 July 2018. The discussions focussed on the primary planning issues to be assessed
including flooding, stormwater management, car parking, preferred built form and landscaping.
The plans provided for the pre-lodgement were significantly different to the plans submitted with
the application. The pre-lodgement plans provided one crossover to Opal Street and also
included access to the site from Diamond Lane. The arrangement of buildings and car parking
was also significantly different.
Prior to the application being lodged the applicant’s consulting engineer contacted Council’s
Coordinator Development Engineering to discuss some changed plans. Consequently, it was
suggested to the applicant that a further pre-lodgement be held due to concerns identified with
the changed plans. The applicant did not pursue a further pre-lodgement meeting.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
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Section 47
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the
application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Cooroy and Lake Macdonald Locality and is zoned Attached
Housing. The proposed Retail Business Type 2 – Shop and Salon use is identified as an
inconsistent use in the zone and therefore the application is impact assessable.
Locality Provisions
Development sought in the Cooroy and Lake Macdonald Attached Housing zone is
predominantly attached housing and ancillary uses and structures associated with private
residences. The Overall Outcomes for the zone are stated as:
6.7.2 mm) For the Attached Housing Zone—residents and visitors are accommodated in
predominantly attached housing forms that—
i contribute to a high level of residential amenity, design quality and safety;
ii respect the scale and character of the streetscape and surrounding
development; and
iii are located within convenient access of employment centres, goods and
services, public transport and community facilities;
For new development the Code seeks the following overall outcome:
6.7.2 a) New uses and works are located, designed and managed to—
i be compatible with other uses and works;
ii maintain the safety of works;
iii avoid significant adverse impacts on the amenity enjoyed by users of other
premises, including acoustic and visual qualities; and
iv avoid significant adverse effects on the natural environment, including native
habitat removal, fragmentation and attrition;
The commercial component of the proposal does not comply with the Overall Outcomes for the
locality as it seeks to develop retail premises within land zoned for residential accommodation.
Comments on the development were sought from Council’s Strategic Planning team who
provided the following in this regard:
The previous use of a motel was consistent with the Attached Housing zone.
The proposed shopping centre use is inconsistent with the intensions of the Attached Housing
zone, however the location of the site, being on a major road within Cooroy and not adjoining any
other residential zones or residential land use, might be seen as a logical extension to the
business centre and the nature of the proposed business activities on this site is not out of
character in the immediate locality. In addition, it is reasonable to consider that any likely impacts
could be managed to a satisfactory level and not unreasonably impact on the surrounding
properties.
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Section 48
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
It is agreed that the pattern of surrounding zoning and development and the isolation of the
subject site from other Attached Housing zoned land provides reasonable justification to depart
from the preferred use prescribed by the planning scheme. The proposed development is
compatible with other uses within proximity of the site and will not have significant adverse
impacts on the amenity enjoyed by users of other premises. Whilst departure from the Noosa
Plan’s preferred land use for the site is supported it is important that the subsequent
development achieve compliance with the built form and streetscape character outcomes for the
site. In this instance, the character of the development is significant given the prominent location
of the site.
There are a number of outcomes within the locality code which address the preferred built form
character for development in Cooroy. These outcomes are addressed in comments from
Council’s strategic planning team as follows:
The Noosa Plan Local Plan Code for Cooroy states:
“n) Key streetscape characteristic of Cooroy township are maintained by new development
including –
i. the country town character including the rural, almost rustic quality to some of the
original buildings in town;
ii. simple timber buildings with timber framed windows and parapet walls and wide
iii. awnings that address the street and provide pedestrians with sheltered areas to meet
and talk;
iv. a pedestrian scale, with some buildings having a grander scale befitting their original
v. uses as banks or public buildings.
vi. pedestrian access ways between the buildings;
vii. outdoor dining between the shopfronts and the roadway;” ……
r) The traditional built form of Cooroy is retained and new development complements
traditional streetscape and building forms;
If comparison is being made with the Business Centre zone, it is also worth noting:
nn) For the Business Centre Zone—
iv. Development respects the existing country town character and the scale of
surrounding buildings.
v. Development addresses the street and complements the traditional streetscape and
building form;
vi. a mix between business uses and upper level employee housing reduces commuting
pressures and creates a vibrant environment with opportunities for both day and night
time casual surveillance; and
vii. commercial lots with two frontages to a street front and laneway at the rear provide
for pedestrian movement and maintain a sense of exploration as well as commercial
or service access to the rear of properties;
The site is in a prominent location on a State Controlled major road, in direct view from the train
station with a bus stop at the frontage (proposed to be relocated). This strip of Elm Street
contributes to the first impression of Cooroy for many. Accordingly this site is considered a key
development site for Cooroy and should provide a high quality design outcome.
Architectural advice should be sought regarding the development’s overall design including how
it relates to all street and laneway frontages to provide activation, as well as being in keeping with
the traditional rural township character of Cooroy. Development is to be compatible with existing
buildings including Federation and Art Deco styles, without mimicking such styles.
Page 48 of 133
Section 49
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Any design advice should include the provision of good pedestrian connectivity between the site
and the train station and bus stops.
Proposed orientation appears to be quite internally focussed. The elevations provided seem
slightly at odds with the site plan and there is concern about the level of pedestrian engagement
offered on the western and southern elevations particularly. Pedestrian connectivity to/from and
within the development could be improved as the internalised design caters to car access and
parking rather than pedestrian connections and overall walkability. The boundary adjoining the
bowls club should allow for a mid-block pedestrian walkway to connect through to both Diamond
street and Opal street to enhance connectivity and pedestrian movement within the eastern side
of the business centre.
The existing streetscape is characterised by trees situated within the road reserve on the
northern side of Opal Street. It is recognised that the streetscape of Opal Street opposite the
subject site is not reflective of the outcomes sought by the current Noosa Plan.
The application in its original form included two crossovers and additional hard surfacing
proposed for the new car parking spaces within the Opal Street road reserve. Concerns were
raised with the applicant regarding the impact of the original proposal on the streetscape as the
crossover closest to Elm Street required the removal of two street trees and extending the hard
surface for approximately 80% of the frontage. The two trees proposed for removal contribute
positively to the country town character of the streetscape. The following images detail the
existing streetscape:
Figure 5 - Opal Street streetscape viewed from Opal Street
Figure 6 - Opposite side of Opal Street streetscape viewed from Opal Street
Page 49 of 133
Section 50
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Figure 7 - Opal Street streetscape viewed from Elm Street
The applicant was advised of concern with the developments impact on the Opal Street
streetscape in the pre-lodgement notes and by email on 13 December 2018 during the
Information Request period. This advice included:
Whilst the mobile library no longer uses the site and proposed use of this area for the purpose of
car parking should also seek to enhance the streetscape through landscaping.
The western egress is not supported due to concerns of the impacts of two crossovers within
close proximity of each other on this narrow frontage to Opal Street, vegetation loss and the
resultant impact on the streetscape.
The removal of the street trees to the front of shops 7 and 8 (detailed as coffee and florist on the
plans) is not supported. Amended plans will need to identify the location of these trees and
include a barrier to protect these trees from vehicles, the area to the front of the trees may be
able to be used for scooter parking
In responding to the Information Request the applicant did not amend the proposal plans and
retained the second crossover to the western end of Opal Street.
The applicant was advised that the proposed works within the Opal Street frontage were not
supported as they are not consistent with the Overall Outcomes for the locality and did not
respect the existing or preferred streetscape character. Consequently the application was
amended to delete the second crossover. The amended plans also resulted in a reduction in car
parking provided onsite, the deletion of the upper level dwelling units, the addition of egress for
medium rigid vehicles (deliveries) from the site onto Diamond Lane and increased landscaping
on site. The amended plans were required to be re-referred to SARA. Whilst the amended layout
is generally supported the proposed works associated with proposed scooter bays 1 – 5 and car
park 24 will adversely impact on the existing street trees. Accordingly, it is recommended that the
parking arrangement in the road reserve be modified to 4 car spaces and 4 scooter spaces only
to ensure that no works are carried out within the tree protection zones.
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Section 51
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
With regards to the character of the proposed built form the Information Request included a
request that the plans be reviewed by Council’s preferred architect. The applicant was not
agreeable to this request stating…
The applicant does not support Council’s preferred architect (nrco- lab from Brisbane) reviewing
the plans at the applicant’s expense, but rather be reviewed by the local community during public
notification and local elected officials at a full Council meeting as part of the development
assessment process.
It is noted that the current application for the development on the old Energex site was reviewed
by Council’s preferred architect prior to the Information request and has resulted in a number of
positive design changes.
Renders of the originally proposed development were provided which enabled a better
understanding of the developments appearance. A number of effects were used in the renders to
mask and soften the appearance of the development in a manner that is either not practical or
exaggerates a landscaping outcome. The effects particularly relate to the floral dressing to the
verandas and the extent of landscaping adjacent to Diamond Lane. The renders demonstrate
that some elements of the development accord with the preferred character outcome, particularly
the awnings and above awning façade treatment that are reflective of the existing built form in
Cooroy.
Some of the built form concerns were addressed in the amended plans, noting that updated
renders were not provided when the application was amended. However, the absence of suitable
articulation and variation of materials and colours to the northern elevation remains of concern. It
is also noted that there is limited opportunity for landscaping adjacent to this elevation, given
future laneway widening requirements
Figure 8 - Render of the originally proposed development viewed from Elm Street
Figure 9 - Render of the originally proposed development viewed from Opal Street
Page 51 of 133
Section 52
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
The current elevation plans are detailed below:
Figure 10 - North elevation
With regards to the built form parameters the following table summarises the development’s level
of compliance with the built form provisions for development in the Attached Housing zone and
also the Business Centre zone. Consideration of the developments compliance with the Business
Centre zone has been undertaken as it is the prevailing zone within proximity of the site and the
proposed development is primarily a commercial development.
Criteria Planning Scheme provisions Proposal Complies
Attached Business Attached Business
Housing Housing
Site Area 2011m2
Gross floor area Maximum 0.8:1 for site 733m2 Yes Yes
or Plot ratio population density areas up to and
x 40m2 including 2,000m2
; and
0.3:1 for the
balance of a site
over 2,000m2
= 1604m2
= 804.4m2
Site Cover 40% None specified 43% No Yes
Landscaped open Max. population 10% of site area 201.4m2 Yes Yes
space density x 30m2
= 603m2
* Minimum width * Minimum width *Refer to *Refer to
dimensions also dimensions also body of body of
required required report report
Building height:
storeys 2 storeys 2 storeys 1 storeys Yes Yes
metres 8 metres 8 metres < 8 metres Yes Yes
Roof form 12 degrees to 12 degrees to 12 degrees to No No
75% of the roof 75% of the roof less than 75%
area area of roof area
50%
Page 52 of 133
Section 53
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Criteria Planning Scheme provisions Proposal Complies
Attached Business Attached Business
Housing Housing
600mm Eaves to 600mm Eaves to No No
75% of the 75% of the
perimeter of the perimeter of the
building building
Setbacks
Elm Street 6 metres No setback 2 metres No Yes
required
Opal Street 6 metres No setback No setback No Yes
required
Diamond Lane 6 metres No setback No setback No Yes
required
Rear (east) Half building None specified No setback to No Yes
height toilets and bin
storage area.
The table identifies that the proposal is more compliant with the Business Centre Zone than the
Attached Housing Zone. Whilst this is generally accepted due to the nature of the development,
the absence of compliant roof form and eaves is reflective of the concerns previously raised
regarding the built form character.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Residential Uses Code
Landscaping Code
Engineering Works Codes
Reconfiguring a Lot Code
Pertinent issues arising from assessment of the development against the above codes are
detailed below:
Car parking
The following table details an assessment of car parking for the development.
Use Car Car parking Proposed to be Complies
Parking Provided
Required
Retail Business - Type 2 Shop & Salon 34 23 car spaces on site
1 per 20m2 of gross floor area (gfa) 5 car spaces and 8 scooter
678m2 gfa proposed spaces in road reserve
Total 34 30 No
The applicant has proposed to construct 5 new car spaces and 8 scooter spaces in the Opal
Street road reserve. If accepted this would result in the total number of car spaces being 30 and
resulting in a deficiency of 4 car spaces. However, given the proposed works within the road
reserve will impact on the existing street trees it is recommended that on-street car parking be
limited to 4 car spaces and 4 scooter spaces.
Page 53 of 133
Section 54
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
These on-street car spaces are reasonable as the spaces will be utilised primarily by patrons of
the development and are consistent with the existing arrangement adjacent the bowls club.
Furthermore, the provision of car parking within the road reserve in part offsets land required to
be dedicated at the Diamond Lane frontage for future laneway works. Based on the reduced
number of car spaces in the road reserve the development is deficient by six car parking spaces.
The applicant has advised that they are agreeable to enter into an Infrastructure Agreement to
make contributions in lieu of car parking. Whilst payment of contributions in lieu of car parking
does not generally accord with the criteria identified within the Contributions in Lieu of the
Provision of Car Parking policy it is acknowledged that the site’s 3 road frontages presents
challenges to the development of the site. Therefore, in this instance, it is reasonable to accept
contributions in lieu of some on-site parking spaces. Based on the scale of the development and
consideration of the demand for additional car parking within Cooroy on balance it is considered
that contributions could be accepted for a limited number of spaces (3), this would mean that the
development is still deficient in car parking by 3 spaces.
It is therefore recommended that a Preliminary Approval be issued with conditions that restrict
the amount of use area which can be developed to align with the provision of 31 car spaces. This
requires the reduction of use area from 678m2 to 620 m2
Other matters
Setback to laneway
Recent development approvals for sites with a frontage to a laneway in Cooroy have required the
dedication of land. Generally, 2.0 metres for the full frontage length has been required to be
dedicated to facilitate future widening of the laneways.
A 2.0 metre setback to the existing laneway frontage is generally proposed apart from some
minor encroachments of window awnings and gutters. Whilst this setback partly accommodates
future laneway widening, the building is proposed to be built to this laneway with no provision for
future landscaping. Part of the setback area is proposed to be used as a refuse truck loading
area. In this instance it would result in the development being constructed to the amended lot
boundary. As such, the proposed setback should be increased by a further two metres to allow
for landscaping on the subject property that would be retained after the upgrade to the lane
occurs. This increase in setback is likely to accommodate the required reduction in use area
resulting from the shortfall in car parking.
Lot Reconfiguration
The proposed lot reconfiguration amends the boundaries of the three existing lots and segments
the development in accordance with the three separate areas of the site to be developed with
buildings. An easement is proposed to facilitate vehicle access, on-site parking, loading and
manoeuvring areas. The proposed lots do not comply with the 1500m2 minimum lot size required
by the Noosa Plan however each of the existing lots are also substantially less than the minimum
lot . The proposed boundary re-alignment raises no issues of concern.
Infrastructure Agreement
The applicant has been requested to enter into an Infrastructure Agreement for:
a monetary contribution in lieu of 3 on-site car parking spaces;
the construction of car parking within the Opal Street road reserve; and
dedication of land to facilitate future widening works to Diamond Lane.
An Infrastructure Agreement is required as conditions cannot be imposed for monetary
contributions or for the dedication of land as the development does not generate the need to
upgrade and widen the laneway however; negotiation to make provision for it is captured in the
infrastructure agreement due to the development adjacency to the laneway.
Page 54 of 133
Section 55
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
3.4. Draft Noosa Plan
The draft Noosa Plan seeks to zone the site to District Centre and the proposed retail premises
are a consistent use within this zone and would change the level of assessment from impact to
code.
4. CONSULTATION
4.1. Referral Agencies
The application was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for State transport corridors and future state transport
corridors.
The Department has responded advising that it does not object to the application subject to
compliance with conditions which require:
the re-location of the existing bus stop and associated infrastructure;
the removal of existing vehicle property access between Lot 5 and Cooroy Connection Road
and reinstatement with kerb and channelling; and
stormwater management of the development not worsening or causing actionable nuisance
to the state-controlled road.
4.2. Other Referrals
The application was forwarded to the following internal Council officers:
Coordinator, Development Engineering
Environment Officer - Landscaping
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. No properly made submissions were received.
5. CONCLUSION & REASONS FOR DECISION
The application is for use of 34 Elm Street for Retail Business - Type 2 Shop & Salon. The retail
business use is identified within The Noosa Plan as an inconsistent use for the site. Whilst the
commercial/retail use is inconsistent with the Noosa Plan it is consistent with the prevailing
pattern of zoning and land use for properties within proximity of the site that front Elm Street.
The subject site is a prominent site and the proposed development will have a significant impact
on the streetscape. The applicant provided amended plans in response to concerns raised
regarding streetscape character. Whilst these plans deleted a second crossover to Opal Street
further changes are required to address a shortfall in car parking, improvements to the northern
elevation and achieve compliant eaves and roof form.
Due to the required changes to the layout it is recommended that a Preliminary Approval be
issued. The Preliminary Approval requires a modified building footprint and changes to the
northern elevation. A Preliminary Approval would require the applicant to submit a further
development application which demonstrates compliance with the conditions of the Preliminary
Approval. Alternatively, the applicant may lodge representations to the Preliminary Approval
seeking that a Development Permit be issued
Page 55 of 133
Section 56
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Departments/Sections Consulted:
Chief Executive Officer x Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
x Libraries & Galleries Procurement & Fleet
x Local Laws Property
x Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
x
Design and Delivery
Page 56 of 133
Section 57
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Page 57 of 133
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Page 59 of 133Section 60
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
4 MCU18/0015 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE (2
DETACHED HOUSES AND 12 MULTIPLE HOUSING - TYPE 4 CONVENTIONAL) AND
RECONFIGURATION OF A LOT (1 INTO 4 LOTS PLUS EASEMENT) AT 27 ATTUNGA
HEIGHTS, NOOSA HEADS
DOCUMENT INFORM AT ION
Author Contract Planner, Ben Thrower
Environment and Sustainable Development Department
Index ECM / Application / MCU18/0015 and RAL18/0001
Attachments 1. Architectural Plan Series
2. Landscaping Plan Package
3. Ecological Corridors Plan
4. State Development, Manufacturing, Infrastructure and Planning
(SARA) Referral Agency Response.
(Note: All attachments are provided separately to this report).
APPLICATION DETAILS
Applicant David William Neate
Proposal Material Change of Use – 2 Detached Houses, 12 Multiple Housing -
Type 4 Conventional
Reconfiguration of a Lot – 1 into 4 lots plus easement.
Properly Made Date 13 February 2018
Information Request Date 27 February 2018
Information Response Date 26 November 2018
Decision Due Date 21 June 2019
Number of Submissions 71 Properly Made
1 Not Properly Made Submission
PROPERTY DETAILS
Property Address 27 Attunga Heights Noosa Heads Qld 4567
RP Description Lot 27 RP 89506
Land Area 18,050m²
Existing Use of Land Single Dwelling
STATUTORY DETAILS
SEQRP Designation Urban
Locality Noosa Heads
Zone Detach Housing;
Attached Housing; and
Open Space Conservation.
Overlays Biodiversity (Environmental Protection and Watercourses and Drainage)
Natural Hazards (Slide Hazard, Acid Sulphate Soils, Bushfire - Buffer
Zone)
Assessment Type Impact
Page 60 of 133
Section 61
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
EXCUTIVE SUMMARY
Council is in receipt of a development application on land located at 27 Attunga Heights, Noosa
Heads (the site). The application seeks a development permit for:
Material Change of Use 14 dwellings units in the form of:
o 2 x Detached Houses; and
o 12 x Multiple Housing Units.
Reconfiguring of 1 lot into 4 lots plus an access easement as follows:
o Lot 1 – 7,507m² for 12 detached Multiple Housing Units;
o Lot 2 – 1,050m² for 1 Detached House;
o Lot 3 – 950m² for 1 Detached House;
o Lot 4 – 8,543m2 proposed to be dedicated to Council as conservation park; and
o An access easement to provide access to proposed Lot 2 though Lot 1.
The site is characterised as containing significant environmental values with the site’s vegetation
identified as Environmental Protection by the Noosa Plan’s Biodiversity Overlay and of concern
regional ecosystem by the Vegetation Management Act. The site includes an important wildlife
corridor linking vegetation from Settlers Cover/Noosa Inlet through to Peppers Resort and the
Noosa National Park. A watercourse further traverses the site, which flows into the Noosa River.
The site contains sandy soils and has steep slopes, with slopes varying between 20o and 45o and
a history of a least one known land slippage. Edgar Bennett road reserve runs parallel to the
site’s western boundary with a public pathway constructed in this road reserve. Peppers Resort
is located on the site’s eastern boundary.
A previous development application for 30 multiple dwelling units and 12 accommodation units
for the site was approved by Council in 2005. This application was subsequently ‘called in’ by
the Minister due to the site’s wildlife corridor and in March 2006, the approval was amended by
the Minister to preserve a 50m wildlife corridor through the site. This approval has now lapsed.
The Noosa Plan zones approximately 1.35ha of the site as Open Space Conservation, with 2
small areas zoned Detached housing and an area adjacent Peppers Resort zoned Attached
Housing. The proposed development extends significantly into the areas zoned Open Space
Conservation and outside the area’s zoned for development. The applicant submits that there is
good reason for this and being guided by comprehensive site-specific technical reports, the
development has been located on less constrained land offering significant benefits.
The applicant’s submission is agreed with to a limited extent as the proposed development is
located in part in an area that contains more moderate slopes, and which is currently infested by
weeds. This layout has for the most part also removed the need to construct a bridge across the
site’s waterway as was proposed in the previous development approval. The proposed multiple
dwelling units have also been desirably designed as individual buildings stepping down the slope
set on posts, rather than combining the units into one larger building with a basement car park
and requiring significant earthworks as previously approved.
Notwithstanding this, the proposal extends approximately three quarters along the site’s western
boundary into steeper slopes and more intact vegetation. The proposed extent and layout of the
development in this area also impacts on the visual amenity and vegetation within Edgar Bennett
road reserve (public pathway) as the proposal includes limited setbacks and opportunities for
landscaping and significant earthworks are proposed for the driveway with up to 2m high
retaining walls required on the boundary. A number of the proposed multiple dwelling units,
including units 1, 2, 11 and 12 at either end will also be highly prominent being 3 storeys and
setback 2m from this road reserve boundary in places. Notably multiple dwelling units 3 – 10 will
predominantly present as 1-2 storeys with the lower levels unlikely to be visible from the
pathway.
Page 61 of 133
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
The proposed site layout does not maintain a sufficient wildlife corridor through the site,
inappropriately reliant on the adjoining Peppers Resort land, which includes the main resort
driveway and retaining walls, narrowing the corridor to approximately 23m in part. Construction
access for proposed lot 3 may also adversely impact on this corridor as the current access
easement terms do not support access for construction via Peppers Resort. The proposed lots
and lot boundaries also fragment this wildlife corridor and intrude into the riparian buffer to the
site’s watercourse with insufficient building setbacks proposed.
The proposed conservation park lot, lot 4, also includes part of the bushfire protection zone for
the multiple dwelling units and given the potential for further land slips and the consequential
impacts on the uphill units that may arise, this lot would require ongoing regular monitoring and
future management. This would inappropriately burden Council resources and therefore
dedication of lot 4 to Council as conservation park is not recommended, notwithstanding its
desirable environmental values.
The proposal further substantially exceeds the Noosa Plan provisions pertaining to site density,
building height, gross floor area, site cover and boundary setbacks and while some increased
building height may be warranted on the site due to the site’s slope, the proposed building height
is excessive in places and is not all in keeping with the surrounding built form. The proposed
building height and reduced setbacks will also adversely impact on nearby resident’s visual
amenity and the treed public pathway enjoyed by residents and visitors to the area.
A review of the application against the draft new Noosa Plan provisions concludes that the
proposed development would conflict with the draft outcomes sought. The draft Noosa Plan does
identify some medium density development area directly off Attunga Heights. However, the
proposed development exceeds this potential development area identified by the draft Noosa
Plan, with the draft scheme reinforcing the current planning scheme requirements to protect the
site’s environmental values.
On this basis, the development as proposed is considered to not meet a substantial number of
outcomes sought by the Noosa Plan, and as such the development is considered an
inappropriate development impacting on the site’s environmental values and is recommended for
refusal.
RECOMMENDATION
That Council note the report by the Contract Planner to the Planning & Environment Committee
Meeting dated 11 June 2019 regarding Application No. MCU18/0015 for a Development Permit
for Material Change of Use (2 Detached Houses and Multiple Housing – type 4 Conventional –
12 Units) and Reconfiguring a Lot (1 into 4 lots plus Access Easement) situated at 27 Attunga
Heights, Noosa Heads and:
A. Refuse the application for the following reasons:
1. The proposed development is contrary to the Noosa Plan’s Strategic Framework and
the Desired Environmental Outcomes as
(i) The proposal does not satisfactorily protect the site’s significant environment
values.
(ii) The proposal does not maintain a satisfactory wildlife corridor through the site
and intrudes into the riparian buffer to the site’s watercourse.
2. The proposed development is contrary to the Overall and Specific Outcomes of the
Noosa Heads Locality Code as
(i) The proposed uses are inconsistent with and therefore strongly inappropriate in
the Open Space Conservation Zone.
(ii) The applicant has not satisfactorily demonstrated the proposed development
footprint is commensurate with the site’s constraints and values.
(iii) The proposal will adversely impact on the site’s and the adjoining road
reserve’s scenic and environmental values.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
(iv) The proposed built form will adversely impact on the visual amenity of nearby
properties in Attunga Heights.
(v) The proposed development does not respect the scale and character of the
surrounding development.
3. The proposed development is contrary to the Specific Outcomes of the Noosa Heads
Locality Code for population density, gross floor area, site cover, building height and
setbacks.
4. The proposed development is contrary to the Biodiversity Overlay Code as the
proposal does not satisfactorily manage, minimise or mitigate its impact’s on the
site’s ecologically important areas, ecological linkages for the koala population and
the site’s watercourse with the development resulting in excessive clearing of
protected vegetation.
5. The proposed subdivision is contrary to the Reconfiguring a Lot Code as:
(i) The proposed lots and lot boundaries fragment the site’s wildlife corridor and
the riparian buffer to the site’s watercourse.
(ii) The proposal is to subdivide land in the Open Space Conservation zone.
(iii) The applicant has not demonstrated appropriate access for Lot 3 for
construction purposes is available or achievable.
(iv) The proposed parkland lot, Lot 4, includes part of the bushfire protection zone
for the multiple dwelling units and steep slopes, which will require ongoing
monitoring and future management, inappropriately burdening Council’s
resources.
6. The proposed development has not been designed to avoid any potential instability
and associated problems and seeks to clear excessive vegetation that assists in
stabilising the site and the development in the long term contrary to the Natural
Hazards Overlay Code and Reconfiguring a Lot Code.
7. The proposed development will adversely impact on the vegetated character of the
adjoining pedestrian path in Edgar Bennett Avenue road reserve enjoyed by
residents and visitors to the area due to the scale and extent of development
proposed along this boundary and limited landscape opportunities to screen the
development. The proposed works for the driveway and associated retaining walls
are also likely to adversely impact on the vegetation within the road reserve and
result in the removal of some existing mature vegetation.
8. The proposed stormwater management strategies for water quality for the multiple
housing development on lot 1 conflict with the Water Sensitive Design Code, which
requires natural treatment strategies and systems and are contrary to the
Reconfiguring a Lot Code.
9. The proposed proprietary device has not been accepted by Stormwater Australia as a
satisfactory water quality treatment system for this area. Therefore, the proposed
development may adversely impact on the downstream ecosystem due to changes in
water quality.
10. The proposed development is contrary to the draft Noosa Plan provisions, which
reinforce the current Noosa Plan’s requirements to protect the site’s environmental
values and appropriately respond to the site’s natural hazards.
11. The application attracted a considerable number of public submissions raising valid
grounds of objection to the development.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 63 of 133
Section 64
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
REPORT
1. PROPOSAL
The applicant seeks a development permit on land at 27 Attunga Heights, Noosa Heads for a
‘Material Change of Use – 2 Detached Houses, 12 Multiple Housing Units’ and ‘Reconfiguration
of a Lot – 1 into 4 lots plus easement’.
The two Detached Houses are to be located on proposed Lots 2 and 3 within each of the two
nominated building envelopes (refer to Figure 1). No specific house plans have been provided,
however it is proposed the houses be developed in accordance with the following parameters:
3 storey and 12m high;
50% site cover or 40% if 2 or more storeys;
Existing vegetation outside the building envelope area to be retained, enhanced and
protected by a covenant; and
A setback of 10m to the centreline of the creek with balconies that may cantilever up to 3
metres into the creek setback area (applicable to Lot 3 only).
Figure 1: Proposed Site Plan
The 12 three bedroom multiple housing units are to be located on proposed Lot 1 (i.e. refer to
Figure 1). Each dwelling unit is proposed to contain three floors, 2 covered car parks, swimming
pool and landscaping with gross floor areas (GFA) varying between 317m² and 336m².
The dwelling units will be located as close as 2m from the common boundary with the adjoining
Edgar Bennett Avenue road reserve and the public footpath that runs generally parallel to the
site’s western boundary.
The dwelling units are to be accommodated partially on poles to work with the topography and
minimise the need for deep excavation. It is proposed the lightweight construction methodology
results in an improved visual appearance with the buildings sitting lightly on the hill rather than
appearing as one large bulky structure
Roof top gardens, dense landscaping and selected building materials and finishes palette,
inspired by natural materials and existing vegetation on site, are proposed to soften the visual
impact of the multiple housing units from the adjacent Edgar Bennett Avenue road reserve, public
footpath and nearby properties (refer to Figure 2). Trellised fencing and landscaping between
1.5m and 3m width is proposed to soften the visual impact of the multiple housing units from the
adjacent road reserve, public footpath and nearby properties.
Page 64 of 133
Section 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Figure 2: Perspective from Pedestrian Pathway
The multiple housing units are proposed to be accessed via a single common driveway adjacent
to the boundary of the Edgar Bennett Avenue road reserve and public footpath, linking to Attunga
Heights. Three visitor car parks and a pedestrian link to the existing public footpath are proposed.
Cut and fill up to 2m in height on the common boundary with Edgar Bennett Avenue road reserve
is proposed to construct the driveway.
An Asset Protection Zone from each building footprint, extending up to 12m into the surrounding
vegetation is proposed to provide protection from potential bushfires. The Asset Protection Zone
requires setbacks illustrated in Figure 3 to be constructed and maintained in perpetuity. The
setbacks require vegetation to be removed and/or modified (i.e. removal of fire prone vegetation
within the understorey) so the area is effectively free of available fuel. The Asset Protection Zone
extends into proposed Lot 4, the proposed parkland area to be dedicated to Council.
Figure 3: Asset Protection Zone “Inner Protection Area” setback requirements (extract from Applicant’s
Bushfire Management Plan)
Page 65 of 133
Section 66
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
The applicant submits that the proposed detached houses and multiple dwelling units are located
on areas that have limited ecological significance with the balance of the site proposed to be
rehabilitated. An overall approach to managing slope stability is to have a ‘non-worsening’ impact
on slope stability with specialist recommendations provided in the application regarding dwelling
and driveway footings, earthworks and drainage.
A combined development footprint for the 14 dwelling units and structures, including the
driveway, amounts to an area of 0.57ha. The applicant considers the development footprint has
been aligned to the least constrained parts of the land and the site can be safely and responsibly
developed.
The application includes an Environmental Connectivity Plan (refer to Figure 4) which identifies a
wildlife corridor to be maintained through the site, connecting with existing tracts of vegetation
surrounding the site and the national park.
Figure 4: Environmental Connectivity Plan
The Reconfiguration of a Lot (1 into 4 lots plus Access Easement) component of the
development is described as follows:
Lot 1 – 7,507m² (to contain 12 detached Multiple Housing Units and environmental
covenant over the balance of the lot). 3 significant Hoop Pines within this lots are
specifically proposed to be retained. ;
Lot 2 – 1,050m² (contains a nominated building envelope for 1 detached house and
environmental covenant over the balance of the lot);
Lot 3 – 950m² (contains a nominated building envelope for 1 detached house and
environmental covenant over the balance of the lot).
This lot is proposed to utilise the benefit of the following easements on the adjoining
property to the east, being Peppers Resort:
o Easement L SP207304 for access; and
o Easements M and P on SP207304 for bin storage.
The easements have effect upon approval and commencement of the use. There is
currently no permitted access to Lot 3 from Peppers Resort for construction purposes
under the current easement.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Lot 4 – 8,543m² (parkland area proposed to be dedicated to Council at no cost to Council);
and
Access Easement – Access from Attunga Heights to Proposed Lot 2 (refer to Figure 5).
Figure 5: Lot Reconfiguration Plan
The applicant’s representative town planner considers that Council should approve the
development in full based on, in part, the following statement:
"At the outset we note the efforts that have been made by the applicant to commission up to date
technical information and assessments that comprehensively respond to the matters identified by
Council in this information request.
We also take this opportunity to reiterate the key principles that have guided the development
proposal and community benefits that will ensue as a result.
This development application seeks approval for partial re-development of the site in line with
development outcomes that are recognised as being consistent with the planning scheme
(residential housing and unit development).
Whilst development is proposed in a slightly different configuration to the zonings on Council’s
planning scheme zoning map, the design of the development has been guided by comprehensive
site specific ecological, engineering, geotechnical and bushfire assessments. Whilst the planning
scheme zoning map showed unit development on some of the most environmentally and slope
sensitive parts of the site (i.e. over the top of the creek), the current development proposal
instead shows development on less sloping land with the lowest ecological values.
The proposed development stands to deliver the following benefits:
a) Dedication of 50% of the site to Council as environmental reserve which will secure the land
in public ownership.
b) Prior to the environmental reserve being dedicated to Council, rehabilitation works will be
undertaken (at the developers cost) to remove weed species and replant native species to
ensure the function of the reserve is enhanced and it will function as an environmental and
fauna movement corridor.
c) The environmental reserve proposed on the subject site will secure an important ecological
link in public ownership between the site, the adjoining Peppers resort and the Noosa
National Park to the south-east.
d) The retention of over 50% of the site for environmental reserve purposes in public
ownership will ensure the predominant ‘treed’ and green visual character of the Noosa Hill
will be protected in perpetuity. 3D renders have been provided to demonstrate the visual
presentation of the proposed development from various important public viewpoints"
(Extract from the applicant's Response to Information Request).
Page 67 of 133
Section 68
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
The applicant’s development application is supported by:
Architectural Plans (refer to Attachment 1);
Landscape Concept Plans (refer to Attachment 2);
Environmental Connectivity Plan (i.e. Wildlife Corridor Plan) (refer to Attachment 3);
Engineering Report and a supplementary Engineering Response to Council’s Information
Request
Town Planning Report and a supplementary Town Planning Response to Council’s
Information Request;
Geotechnical Report and a supplementary Geotechnical Response to Councils Information
Request;
Ecological Report and a supplementary Ecological Response to Councils Information
Request;
Bushfire Assessment (Asset Protection Zone illustrated in Figure 3); and
Response to Public Submissions.
The proposed development originally sought an additional lot, for a third Detached House.
However this lot was amalgamated into what is now proposed as Lot 4 and the associated
Detached House removed in response to Council’s information request.
1.1. Background
The site has been subject to several development approvals, as follows:
On 13 October 2005 Noosa Shire Council issued a conditional Development Permit for a
Material Change of Use for 30 Multiple Dwelling Units and 12 Accommodation Units whilst
refusing a request to reconfigure the subject land into 2 lots (refer to plans of development -
Figure 4). The approval was subsequently called in by the minister
Figure 4: 2006 Approved Site Plan (Extract from ‘Notice of Decision of Development Application’ Granted by
the Queensland Government dated 20 March 2006)
On 6 March 2006, the Minister issued a Decision Notice for a Material Change of Use for
26 multiple dwelling units (21 x 3 bedrooms & 5 x 2 bedrooms) and an accommodation
building comprising 12 x 1 bedroom units.
On 17 October 2008, the Department of Natural Resources and Water issued a conditional
permit for the clearing of native remnant vegetation on the site. A condition required a
vegetation offset being secured on the adjoining Peppers Resort site. The conditioned
vegetation offset was completed on this adjoining site.
Page 68 of 133
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
On 21 April 2009, Council issued a conditional Preliminary Approval for Operational Works
– Drainage, Stormwater, Vegetation Clearing, Water & Sewerage, Earthworks and Access
and Parking. A conditional Preliminary Approval was issued on the basis that payment of
contributions and bonds was outstanding.
On 13 July 2009, Council extended the relevant period of the Ministerial approval and the
associated Operational Works preliminary approval until the 15 October 2013.
On 11 October 2013, a request to extend the relevant period of both the Ministerial
Approval and associated Operational Works preliminary approval was lodged with Council.
This request was refused by Council on 1 May 2014 for the following reasons:
1. The development is contrary to The Noosa Plan’s Overall and Specific Outcomes for
the Noosa Heads Locality;
2. The application was publicly notified in 2004 and given the time lapsed, the
community is unlikely to be aware of the development approval; and
3. The proposed development were it to be publicly notified today, is likely to receive
submissions objecting to the development, given the significant non-compliance with
The Noosa Plan.
An appeal was subsequently lodged in the Planning and Environment Court by the
applicant. The appeal was subsequently withdrawn with the appellant agreeing to
pay some of Council’s preliminary appeal costs. On this basis this development
approval has now lapsed.
On 31 October 2013, the Department of State Development, Infrastructure and Planning
extended the relevant period of the State Permit for clearing of vegetation for two (2) years.
This approval has now lapsed.
Several pre-lodgement meetings were held with the applicant to discuss potential development
outcomes on the site. At the meeting it was discussed that the existing Detached and Attached
Housing zones may not represent the most developable area for the site on the basis they are
steep, likely require access across the creek and removal of some of the better quality vegetation
on the site.
It was considered that the site’s south west corner may provide a better development outcome
based on more moderated slopes and environmental values. However, any development in this
area should be of a scale and density consistent with existing and permitted development in the
street, which are predominantly duplexes.
Further any proposed development should be setback at least 10m from the creeks top of bank,
a wildlife corridor of at least 50m should be retained through the site and the development
sensitively designed to respect the vegetated public walkway.
Page 69 of 133
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
1.2. Site Description
The site is described in Table 1.
Table 1: Site Description
# Site Description Image
1. Generally rectangular in shape and contains an area of
1.8054ha.
(Image extracted from Smartmap).
2. Contains a single dwelling near the road frontage to Attunga
Heights.
(Photo taken 11.04.2019)
3. Accessed from Attunga Heights Road, which is unformed
gravel near the point of entry. The existing garage is
located on the road frontage boundary.
(Photo taken 11.04.2019)
4. Fronts Edgar Bennett Avenue along its western boundary.
This road is unformed and currently supports significant
vegetation immediately adjacent to the common boundary
and a concrete lit pedestrian pathway.
The pathway provides a link between Attunga Heights,
Edgar Bennett Avenue and Noosa Parade.
(Image extracted from Noosa Shire Council Intramaps)
Page 70 of 133
Section 71
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
# Site Description Image
5. Adjacent to State Heritage Listed Halse Lodge (northern
boundary), Peppers Report (eastern boundary) and
Detached and Attached Dwellings on the south western
corners of the boundary.
(Image extracted from Noosa Shire Council Intramaps)
6. Conditional access rights secured by an easement
agreement from Viewland Drive, through Peppers Resort to
two locations on the adjoining eastern boundary.
(Image extracted from Noosa Shire Council Intramaps)
7. Benefited by:
Easement L with an access way through the Viridan
Land to Viewland Drive and Morwong Drive (under
restricted vehicle types and hours); and
Easement M and P which benefits the site by providing
rights for storage and use of garbage bins.
In each case the easements contain a provision which, in
effect, delays the rights granted under the easement until
such time as a development approval is granted for the
development of the dominant tenement. Once the
development is completed and in use, the access and bin
areas are available to the benefit of the site (i.e. Lot 27).
The easement rights do not extend to construction access.
(Image extracted from site survey plan)
Page 71 of 133
Section 72
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
# Site Description Image
8. A common boundary to part of Yunaman Bushland Reserve
located on the south eastern corner of the site.
(Image extracted from Noosa Shire Council Intramaps)
9. Known as a very high koala hotspot (identified as red in the
image).
(Image extracted from Noosa Shire Council Intramaps)
10. Known as Koala Habitat Area, categorised as support
Remnant Habitat.
Koalas are known to inhabit the area and the site provides
the opportunity for movement for the species through the
site.
(Image extracted from Noosa Plan – Schedule 7).
11. Densely vegetated with native species mainly consisting of
Cypress Pine-Callitris sp, Tuckaroo-Cupaniopsis
anacranoides and Hoop Pine-Araucaria cunninghamii.
The south western corner is recognised as of least
significance due to invasion of weeds within the understory.
(Photo taken 11.04.2019)
Page 72 of 133
Section 73
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
# Site Description Image
12. Contains areas of ecological significance.
(Plan extracted from Noosa Plan Planning Scheme Strategy
Map)
13. Is mapped as providing Essential Habitat for the:
Glossy black-cockatoo (Calyptorhynchus lathami),
Wallum rocket frog (Litoria freycineti),
Wallum sedgefrog (Litoria olongburensis); and
Wallum froglet (Crinia tinnula).
It is noted that site conditions are not suitable as habitat for
the Wallum frog species, which require a wallum
environment.
14. Contains a large mapped area of remnant regrowth
vegetation.
The same vegetation is identified by the Queensland
Government mapping as Regulated Vegetation
Management Category B, being of concern regional
ecosystem.
(Image extracted from Noosa Shire Council Intramaps)
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
# Site Description Image
15. Traversed by a watercourse / drainage line
(Image extracted from Noosa Shire Council Intramaps)
16. Comprises a sloping sand dune which is potentially
unstable.
Ground slopes varying between 20° to 27°, with steeper
slopes of 40° to 45° adjacent to the creek banks.
The existing vegetation is contributing to natural stability of
the slope through surface protection and the stabilising
effect of root systems.
There is evidence of previous land slips occurring on the
site, adjacent to the northern boundary on the western side
of the creek.
The most south western corner and north eastern corner of
the site contains notably more moderate slopes (i.e. marked
with red outline).
(Contour Survey Extracted from Applicant’s Engineering
Report)
17. Visually prominent from the adjacent footpath, currently
providing a high amenity value and dense vegetated
amenity from the footpath.
The dense vegetation also provides a link to other nearby
green spaces and ultimately Noosa National Park.
(Photo taken 11.04.2019)
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
1.3. Surrounding Land Uses
Surrounding land uses include short term accommodation, attached and detached dwelling
houses. The wider locality consists of mixed multi-units, duplexes and single dwellings. The site
is located in close proximity to Noosa Junction and Hasting Street precincts.
Aerial photography illustrates the site as an important green link between Noosa National Park
and the foreshore (Refer to Figure 5).
Figure 5 – Aerial Image of the locality
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
2. ASSESSMENT
2.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
2.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the urban area of the SEQ Regional Plan. The proposal is considered
consistent with regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the
application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
2.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the
provisions are relevant to the development.
The application is before Council in accordance with the current decision making delegations
because:
The proposed uses are identified as inconsistent due to being located largely in the Open
Space Conservation Zone;
No further subdivision is provided for in the Open Space Conservation Zone; and
71 properly made submissions were received of which all objected to the proposed
development.
Council officer's assessment is supported by external Geological, Ecological and Stormwater
specialist reports and traffic engineering advice, commissioned by Council officers, to assist in
the assessment of the proposed development. Two reports and advice were provided by each
specialist to:
Review the original application and inform input into the information request; and
Assess the application, including the information response, and provide a summary of the
assessment outcomes.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Each report concludes as follows:
Geotechnical Peer Review:
“The responses generally address most of the issues raised.
The sand dune in its existing condition is potentially unstable. In this regard the site is
similar to other areas which have been developed within the Noosa Sand Dune Stability
Problem area.
The proposed development on the western side of the creek does not attempt to avoid
areas of potential instability and the proposed structures will be constructed on the
potentially unstable slopes. There are no proposals to stabilise the land.
It appears that the overall approach adopted by the geotechnical reports is to accept that a
landslide will occur but design the structures to be secure in the event of a landslide. That
is, the land may slide down the hill but the structures will be left suspended above the
landslide on piers founded at depth below the potential zone of instability.
Council needs to be aware that if the proposed development is approved it will be on this
basis.”
Ecological Peer Review:
“While responses have been provided to each of the information request items, most of
Council’s requests have not been met. Of greatest concern are that:
Koalas are known to inhabit the area and the site is likely to provide an important
avenue for movement for the species. This is not reflected within the ecology report.
Neither the riparian buffer of 10 m from top of creek bank or wildlife corridor of a
minimum of 50 m vegetated width are possible with the current design.
The proposal should therefore not be approved for development according to these plans.”
Stormwater Peer Review:
Quantity
“The legal point of discharge is the existing flow path within the site.
The Rational Method has been used to show that the development will have a minor
(+0.3%) impact to peak flows, resulting in a minor increase (1mm) in flow depth within the
existing flow path. This will not cause any actionable nuisance to downstream properties.
The site is located at the lower end of a larger forested catchment and development has
been limited to the up-slope areas of the site to leave the drainage line within the site
undeveloped. It is our opinion that providing detention measures on site would not provide
any benefit.”
Quality
“Proprietary stormwater treatment devices (SPEL StormFilter and Stormsack or approved
equivalent) and rainwater harvesting tanks are included in the model. It is noted that a
detailed Operational Phase Maintenance Plan is to be included in future Operational Works
applications as these assets will be privately owned and maintained.
Based on the information available, the water quality objectives will be met by the proposed
treatment train.”
Conditions of approval are recommended as part of this report.
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Traffic Engineering Advice:
“I understand the issue pertains to concern about the additional volumes of traffic in Attunga
Heights as a result of the 13 dwellings associated with the proposal.
Attunga Heights is a residential street with a pavement width of 6.0-6.5m. The normal
traffic related threshold for the residential catchment of such a street would be 75 dwellings.
There appear to be about 25 existing lots along the street, a few of which contain small
scale multiple dwellings, so the existing catchment of the street might be up to 40 dwellings.
With the 13 dwellings of the proposal added, the total number of dwellings served by
Attunga Heights would be up to say 55 dwellings, which is less than the normal 75 dwelling
threshold.
So while there will be additional traffic as a result of the proposal, it would be acceptable
according to normal limits for such a street.”
The report and advice received is incorporated into the assessment of this application.
The following provides a more detailed assessment against the specific provisions within the:
Strategic Framework
Desired Environmental Outcomes
Noosa Head Locality Code
Biodiversity and Natural Hazards Overlay Codes; and
Reconfiguring a Lot Code.
Strategic Framework
Section 1.7.12 Natural Environment Protection identifies the vision for the natural environment to
be protected:
“a) Through the use of zones and overlays the scheme identifies and seeks to protect areas of
remnant vegetation and encourages the rehabilitation of riparian corridors and wildlife
corridors. It also seeks to protect land of ecological, biophysical, scenic or cultural value,
including the mountains that dominate the landform and landscape.
b) Activities that have potential to impact on water quality, bank or slope stability, fauna habitats
and linkages, or significant scenic vistas are inconsistent within the scheme.”
Section 1.7.14 Natural Hazard Management identifies the vision for the natural hazards to be
managed:
“a) The planning scheme identifies areas at risk from natural hazards including landslide,
bushfire, flooding and acid sulfate soils.
b) Development in areas at risk from natural hazards is to be compatible with the nature of the
hazard so as not to place people, property, economic activity, social wellbeing and the
natural environment at risk.
c) Development is avoided in areas subject to natural hazards or where natural hazards cannot
be avoided, mitigation or adaptation measures are adopted taking into account predicted
frequency and severity of the natural hazard.
Development does not materially increase the impact or severity of natural hazards.”
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Desired Environmental Outcomes
The following Desired environmental outcomes are also considered relevant to the assessment
of the proposed development:
“3.1.3 g) Open Space, Environment and Conservation Functions
Networks of open space and natural habitat, vegetated lands, wetlands, watercourses and
riparian zones are sensitivity managed and protected and avoided as far as practicable or, where
avoidance is not practicable, minimise adverse impacts resulting from development by -
i. protecting and managing the natural environment in a way that—
b. maintains and improves landscape character and visual amenity;
c. builds ecological resilience and capacity to adapt to a changing climate;
ii ecologically important areas being protected, rehabilitated and enhanced including
their condition, extent, diversity and connectivity to maintain and improve
biodiversity, landscape stability, resilience and ecological integrity of the natural
environment;
iii koala habitat, connectivity and safety being maintained and improved, contributing
to a net gain in koala habitat assisting with the long term stabilisation and recovery
of viable populations across Noosa Shire, Sunshine Coast and South East
Queensland;
iv koala habitat offsets being applied only as a last resort and achieving an
equivalent or better environmental outcome and additional protection to
environmental values at risk or additional management actions to improve
environmental values2;
vi natural waterways and wetlands being maintained in their natural state with
development providing for rehabilitation and enhancement to improve ecological
functioning and water quality;
xi maintaining the conservation of high proportions of vegetated land, as compared to
developed land, to distinguish Noosa Shire from other parts of south-east
Queensland;
xii maintaining the distinct vegetated character of Noosa Shire and the retention of
natural vegetation and landscaping with native species;
xiii protecting sensitive areas of native bushland from the impacts of urban activities
such as domestic animals, escaped garden weeds, fertilisers and stormwater run-
off;
xiv increasing the amount of land protected for conservation purposes under public
ownership that ideally represent the full range of habitats and species found across
Noosa Shire, forming corridors for the safe movement and successful breeding of
wildlife within the Shire and beyond;
xv the integrity of conservation reserves being supported by wider networks of open
space across Noosa Shire and beyond, comprising both natural habitat and areas
capable of regeneration or rehabilitation;
xvii development not impacting on views and vistas that characterise particular
localities in Noosa Shire including views to or from watercourses, beaches or
riparian corridors avoiding visual scarring of the hill slopes.”
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“3.1.3 j) Residential Uses
Urban and rural settlement for residential use is contained within the defined urban growth
boundaries shown on zoning maps ZM1- ZM9 by -
iii development being consistent with the character and amenity of the particular locality;
iv development considering the landform, natural environmental and climatic conditions of the
locality;
ix considering the impact new development has on resident perceptions of Noosa Shire’s
natural resources, open space, clean environment, integration of the landform and
landscape, character, natural environment and resident lifestyle.”
Noosa Heads Locality Provisions
The subject site is located in the Noosa Heads Locality and is zoned predominately Open Space
Conservation (i.e. approx. 1.35ha of the 1.8ha site).
Two small areas of the site are zoned Detached Housing. These area located at the end of
Attunga Heights (i.e. approx. 850m²) and on the northern portion of the site (i.e. approx.
1,631m²). The area near Attunga Heights includes the existing house and ancillary structures.
Approximately 2,068m² of the site is zoned Attached Housing. This area adjoins the existing
Peppers Resort (refer to Table 2).
Table 2: Site Zone Map and proposed development layout
Site Zone Map Proposed Layout
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
The following overall outcomes are considered relevant to assessment of the proposed
development:
“The overall outcomes sought for the Noosa Heads Locality are the following—
a) New uses and works are located, designed and managed to—
iii. avoid significant adverse impacts on the amenity enjoyed by users of other premises,
including acoustic and visual qualities; and
iv. avoid significant adverse effects on the natural environment;
e) Land having environmental and cultural heritage values is protected and maintained for
future generations, including—
viii. private land with native vegetation communities;
h) Key vegetated landscapes are protected including-
i. significant stands of vegetation in the conservation reserves and in areas that are
poorly drained or on very steep or inaccessible land;
ll) Areas of native remnant and regrowth vegetation, including their biodiversity and
habitat values are protected;
nn) For the Detached Housing Zone—Detached housing prevails which maintains—
i. a low impact, low density development form of domestic scale;
iii. allotment sizes and densities which are consistent with the character of the particular
neighbourhood;
v. landscaping amongst buildings, retaining trees and vegetation wherever practical;
pp) For the Attached Housing Zone—residents and visitors are accommodated in
predominantly Multiple housing forms that—
iv. respect the scale and character of the streetscape and surrounding development.
ww) For the Open Space Conservation Zone—natural environmental values of high order and
warranting conservation status are—
i protected for their importance in contributing to ecological sustainability including
maintenance of water quality and provision of habitat and open space linkages; and
ii appropriately managed to the general exclusion of development or any further
subdivision of freehold lots.”
Biodiversity Overlay Code
The site is mapped as containing a large area of Environmental Protection Area. Schedule 7 of
the Noosa Plan also maps the majority of the site as Koala Habitat Area – Remnant Habitat
(Refer to Table 4).
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Table 4: Extracts from the Biodiversity Mapping and the proposed development layout
Environmental Protection Koala Habitat Area (Remnant Proposed Layout
Area Habitat)
The following overall outcomes are considered relevant to the assessment of the proposed
development:
“The overall outcomes sought for the Biodiversity Overlay Code are the following—
d) Development is managed so as to avoid, or where avoidance is not practicable, minimises
or mitigates the impacts upon the Shire’s biodiversity values and natural resources,
including—
i ecologically important areas;
ii the ecological values of water catchment areas;
iv that part of the natural environment that may be environmentally harmed by vermin,
pests, noxious plants or threats such as fire, development and inappropriate land
management;
v vistas and scenic amenity of the landscape;
vii koala habitat areas and ecological linkages that provide for connectivity and safety for
the long term viability of koala populations.”
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Natural Hazards Overlay Code
The site is mapped a containing some areas of:
Landslide; and
Bushfire Hazard Area (potential impact area) (Refer to Table 5).
Table 5: Landslide and bushfire Hazard Map and proposed development layout
Landslide Hazard Map – Bushfire Hazard Map- Potential Proposed Layout
Moderate and High Hazard Impact Buffer (extract from
Area (extract from Noosa Noosa Plan)
Plan)
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The following overall outcomes are considered relevant to the assessment of the proposed
development:
“The overall outcomes sought from the Natural Hazards Overlays Code are—
a) development in areas at risk from natural hazards is compatible with the nature of the
natural hazard so as not to place people, property, economic activity, social wellbeing and
the natural environment at risk;
b) development is resilient to natural hazard events by ensuring siting and design accounts for
and minimises potential risks of natural hazards to people and property;
f) natural processes and the protective function of landforms and vegetation are maintained in
natural hazard areas;
h) for bushfire hazard areas—bushfire risk mitigation treatments are accommodated in a
manner that avoids or minimises impacts on the natural environment and ecological
processes.”
Reconfiguring a Lot Code
The following overall outcomes are considered relevant to the assessment of the proposed
development:
“The overall outcomes sought by the Reconfiguring a Lot Code are to ensure that any
reconfiguring of lots results in—
d) acceptable impacts on watercourses, drainage lines, wetlands and other
environmentally sensitive areas;
g) lots that avoid significant adverse effects on the natural environment and landscape
and minimise the risk of hazards for people and property;
l) residential development which is consistent with the developed character of its
particular neighbourhood”
Assessment against the Noosa Plan Provisions
In consideration of the relevant Noosa Plan provisions and the applicant's grounds for support,
including assessment of the common material provided, the proposed development is considered
inconsistent with the abovementioned Noosa Plan provisions due to the following pertinent
matters.
Environment Conservation
The proposed development footprint and lot boundary lines extend into areas zoned Open Space
Conservation, identified for Environmental Protection Area and as Koala Habitat Area – Remnant
Habitat. The proposed development footprint is considered to substantially exceed the
developable area within the south west corner of the site, extending much further along the
common boundary with Edgar Bennett Avenue road reserve and the public footpath and into
areas that are steeply sloping and have significant environmental value.
The proposed development footprint will result in the removal of approximately 0.57ha of remnant
vegetation and another 0.52ha of remnant vegetation modified (i.e. removal of fire prone
vegetation within the understorey) as a result of the required bushfire Asset Protection Zone. This
includes approximately 0.53ha of identified Environmental Protection Area being cleared and
approximately another 0.46 ha of land identified as an Environmental Protection Area being
modified. As a result approximately only 0.7ha of the existing remnant vegetation will remain in
its current form. On this basis the area of impact is considered to be excessive given the site’s
known environmental values and physical attributes and the existing 4,549m² area zoned for
development.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
In addition to this impacted area, it is considered there is risk to the health of several nearby
significant trees within Edgar Bennett Avenue road reserve and adjacent to the public footpath,
where up to 2m cut and fill is proposed to be undertaken at or in close proximity to the common
boundary of the road reserve.
On this basis the natural environmental values of the site are not considered adequately
protected for their importance in contributing to ecological sustainability including provision of
habitat and open space linkages.
Wildlife Corridor
The applicant suggests the proposed wildlife corridor width achieved by the proposed
development will be 41.5m at its narrowest widening to 84m.
Review of the proposed wildlife corridor shows that it includes land within Peppers Resort and
the Edgar Bennett Road reserve and while it is reasonable to include the road reserve, some of
the land in Peppers Resort is not suitable as a wildlife corridor. It is not appropriate to include the
internal roads and retaining walls on Peppers Resort within the corridor as this infrastructure
significantly fragments and disrupts the function of the corridor.
On this basis the actual corridor width is as little as approximately 23m (i.e. between Lot 2
building envelope and Peppers internal road and retaining walls) and 34m (i.e. between dwelling
unit 5 and Peppers internal road and retaining wall).
A minimum vegetated width of 50m was requested by Council at the pre-lodgement meeting with
the applicant and again as part of the information request.
Further the location of proposed Lot 2 building envelope constrains the ability for the wildlife
corridor to seamlessly link to the site’s common boundary with the Yunaman Bushland Reserve.
Therefore the proposed wildlife corridor does not conserve the long term ecological viability,
integrity and sustainability of native fauna species.
Dedication of Lot 4 - Parkland
While Lot 4 is proposed to be dedicated to Council as parkland it is noted that the bushfire Asset
Protection Zone substantially extends into Lot 4 and therefore the ongoing responsibility would
be Council's to maintain in perpetuity. Similarly Council will be burdened with the responsibility to
respond to any future landslips within Lot 4 noting any landslips are likely to start near the creek
bed and, if not stabilised, migrate upwards to ultimately impact on the proposed multiple housing
units. This arrangement is not appropriate for Council as any responsibly of the management and
monitoring of bushfire management measures and stability of the slope should be for the
developer.
Construction Access to Lot 3
Currently construction of proposed Lot 3 and the Detached House requires direct access from
Attunga Heights as the existing easement terms through Peppers Resort do not take effect until
the development is approved and the use of the Detached House commences. As a result,
construction access from Attunga Heights to Lot 3 will likely have a significant impact on the
proposed wildlife corridor, steep slopes, watercourse and protected vegetation. Lot 3 is
considered inappropriate due to these impacts from access during construction.
Setback to Creek
A 10m setback is proposed from the centreline of the watercourse to the edge of the nominated
building envelope lines with the potential for balconies to cantilever up to 3 metres further into the
creek setback area. The lot boundary itself is only setback 6m from the centreline of the creek.
At least 10m from the creeks top of bank was requested as part of pre-lodgement discussions
with the applicant as this distance is considered necessary to avoid impacts on the creek and to
maintain a buffer to the watercourse.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Public Amenity
The site is considered to contribute to a high degree of amenity for users of the public footpath
within Edgar Bennett Avenue road reserve. The proposed uses and works are not located and
designed to avoid significant adverse impacts on the amenity enjoyed by users of this footpath.
The associated access driveway and visitor car parks require significant earthworks and
associated cut and fill immediately adjacent to and/or abutting the public footpath. This will result
in the likely loss of trees and understorey vegetation in the road reserve and onsite and restrict
the ability for effective soft landscaping that would otherwise screen the driveway and dwelling
units from the public footpath.
In addition, Units 1, 2, and 12 will have the appearance of being 3 storeys and up to 12m height
as close as 2m to the public footpath which is considered likely to significantly dominate the
vegetated visual amenity currently enjoyed by users of this footpath. Further the minimal setback
provides limited opportunity for any existing vegetation to be retained that would otherwise buffer
the proposed buildings.
It is noted the Noosa Plan prescribes a 10m setback from the Edgar Bennett Avenue road
reserve, within which the public footpath is situated.
Built Form
The proposed development does not comply with the key Noosa Plan development parameters
for density, height, gross floor area and site cover as described in Table 3. Any development in
this location should also be of a scale and density consistent with existing and permitted
development in Attunga Heights, which are predominantly two storey single dwellings and
duplexes. Further any development should not dominate or detract from the scenic and
environmental qualities of the site and its setting.
A three storey and 12m height has also been proposed for both the detached houses and
multiple dwellings with at least one dwelling unit (i.e. Unit 3) exceeding 12m height. While it is
acknowledged the steep slopes of the site necessitate some increased building height in parts,
the proposed height over and above 12m is considered excessive and unwarranted.
The proposed Detached House on Lot 2 and Units 1 and 2, being 3 storeys and 12m high, are
also not considered to be respective of the scale and character of the neighbouring development
in Attunga Heights. The immediately neighbouring development is of a scale more consistent
with a two storey detached houses and duplexes.
The applicant has applied a site area of 1.8054ha to the population density and GFA formulas,
suggesting:
288 allowable person population density limit (39.6 person population density proposed);
and
11,520m² GFA limit (3,304m² GFA proposed).
It is not agreed that this is how the population density and GFA are calculated and that the
resulting proposed densities are excessive given the other provisions related to the site. On this
basis the proposed built form is not considered to respect the scale and character of the
streetscape and surrounding development.
The proposed roof forms do not meet the Noosa Plan requirement for soft and articulated,
pitched, skillion or curved roof forms with 600mm eaves. The proposed dwelling unit roof forms
are low pitched or box profiles/parapet styles (refer to Figure 2) which are not respecting the
scale and character sought within the Noosa Heads locality.
Overall the proposed built form is not considered to be compatible with surrounding development
and public spaces.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Table 3: Summary of specific code provisions
Criteria Planning Scheme Proposed Complies
Population density Attached Housing Zone 12 dwellings x 3.3 X
(2,068m2) Area – 160 persons (39.6)
persons/ha (33) Total 39.6 persons
Total 33 persons
Gross floor area Attached Housing Zone 3,894m² GFA X
Area – 33 persons x 40m²
Total 1,320m² GFA
Site cover Attached Housing Zone Approx. 2,244m² X
Area (2,068m2) – 40%
(i.e. 827.2m²)
50% Single Storey 50% Single Storey
40% Two or more storeys 40% Two or more
storeys
Building height Attached Housing Zone 3 Storeys – above
storeys Area (2,068m2) – 3 12m (in part) X
storeys/12m
metres
Detached Housing Area 3 Storeys –12m X
(2,481m2) – 2 storeys/8m
Boundary setbacks Open Space
Conservation Zone Area
Frontage 10 metres min (frontage) 2 metres from X
Edgar Bennett
Avenue
Other boundaries 3 metres min (other 2 metres X
Boundaries)
Exception 10m from boundaries that 2 metres and 6 X
adjoin land in a residential metres
zone.
Stormwater Quality Management
The applicant’s proposed stormwater management system has been reviewed by an external
consultant on behalf of Council officers who concluded that the system is acceptable. However,
the proposed treatment system is for a proprietary device for lot 1, which is contrary to the Noosa
Plan’s Water Sensitive Design Code, which requires the use of natural water quality treatments
and systems. Stormwater Australia and the wider industry has not yet accepted this type of
system as an effective stormwater quality management system for this area. Therefore, it is
considered the proposed stormwater quality management system does not meet Noosa Plan
requirements and the development may adversely impact on the downstream ecosystem due to
changes in water quality.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
3. DRAFT PLANNING SCHEME
The draft Noosa Plan includes changes to the site’s Zone and Overlay Maps as illustrated in
Table 6.
Table 6: Existing Noosa Plan Mapping and Draft Noosa Plan Mapping
Existing Noosa Plan Draft Noosa Plan
Existing Zone Plan (Open Space Conservation, Draft Zone Plan (Environmental Management and
Attached Housing and Detached Housing) Conservation, Medium Desnity Residential)
Existing Acid Sulfate Soils Plan
Draft Acid Sulfate Soils Plan
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Existing Noosa Plan Draft Noosa Plan
Draft Biodiversity Overlay
Exisgting Biodiversity Overlay (Environmental
Protection) Plan
Existing Bushfire Overaly (Potential Impact Buffer)
Draft Bushfire Overlay (Medium Potential)
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Existing Noosa Plan Draft Noosa Plan
Slide Hazard
Draft Landslide Overlay (High and Moderate
Hazard Area)
Existing Koala Habitate Area Draft Koala Habitate Area
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Existing Noosa Plan Draft Noosa Plan
No existing corresponding plan.
Draft Short Stay Area
Most significantly, the proposed changes modify the area of the site zoned for development
consolidating development to the south west corner of the site only given the site’s significant
environmental values and hazards and with any development limited to a maximum building
height of 8m and 2 storeys (i.e. consistent with Attunga Heights). Any development within this
area is also still subject to assessment against the corresponding biodiversity and natural hazard
overlay provisions.
Otherwise, the site’s existing zoned Detached Housing and Attached Housing areas on the
eastern boundary are proposed to be re-zoned to an Environmental Management and
Conservation Zone. Doing so reduces fragmentation of the site by development under the current
zoning and ensures that future development is consoldiated and appropriately responds to the
site’s environmental values and natural hazards.
Other than the area proposed to be zoned as Medium Density Housing within the south west
corner of the site, the corresponding provisions in the draft Noosa Plan are considered to more
so reflect the significant natural hazards, constraints and environmental significance of some of
this site.
In relation to the overlays in the draft New Noosa Plan:
The acid sulphate soils mapping illustrating minimal change to area. This mapping has
been updated based on more recent studies carried out;
Biodiversity mapping has been updated to reflect the vegetation on the site;
Bushfire mapping has been updated based on new mapping provided by the Queensland
Government;
Landslide Hazard mapping has been updated based on studies undertaken; and
Koala habitat mapping illustrated no significant changes.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
The following draft overall outcomes sought for the Environmental management and
conservation zone would apply to the assessment of the proposed development:
“Land identified as ecologically important areas, water catchments, beach protection or
coastal management areas or natural areas with historical or cultural values are protected
from development;
Development avoids and mitigates against adverse impacts on the values and processes
within ecologically important areas;
Where a demonstrated community need exists, low scale, low impact structures with a
small building footprint such as viewing decks, shelters and Environment Facilities that
provide for the appreciation, conservation and interpretation of ecologically important areas
or areas of cultural or heritage value may develop where consistent with the management
intent or plan for the area;
Development responds to land constraints including topography, bushfire and flooding”.
The following draft overall outcomes sought for the Medium density residential zone would apply
to the assessment of the proposed development:
“Development makes a positive contribution to the look and feel of residential
neighbourhoods by maintaining a low scale character with well designed buildings and
landscaping that enhance the streetscape.
New uses are located, designed and managed to be compatible with surrounding uses.
Development maintains a high level of residential amenity having regard to traffic, noise,
dust, odour, lighting and other locally specific impacts.
Development responds to land constraints including topography, bushfire and flood.
Natural features such as creeks, gullies, waterways, wetlands, vegetation and bushland are
retained and protected from the impacts of development. Any unavoidable impacts are
minimised through location, design, operation and management requirements.
Native vegetation between buildings and in the public realm enhances the amenity and
supports local wildlife”.
The following draft overall outcomes sought for the Biodiversity, Waterways and Wetlands
overlay code would apply to the assessment of the proposed development:
“The natural resources and ecosystem values of Noosa Shire are protected and enhanced
including ecologically important areas and land and environmental values of scenic,
aesthetic, cultural, educational, recreational, scientific, economic and social value.
Development is designed, sited, constructed and operated in a way that avoids adverse
impacts on ecologically important areas, ecological systems and processes.
Development design and layout provides for ecological connectivity across the landscape
through the protection, rehabilitation and enhancement of native vegetation and ecological
linkages.
Ecological linkages and riparian vegetation are conserved, managed, enhanced and
rehabilitated to protect and improve biodiversity, ecosystem health, landscape stability and
resilience.
Development design and layout provides for the protection and establishment of
appropriate buffers to waterways, wetlands, native vegetation and significant fauna habitat.
The terrestrial and aquatic native flora and fauna and their habitats are protected and
enhanced.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Development and its associated landscaping provides for the rehabilitation of ecologically
important areas, degraded ecosystems and habitats to achieve a functional and healthy
ecosystem state that requires minimal human intervention.
Development is designed, sited, constructed and operated to avoid or minimise adverse
impacts on koalas and their habitat and to provide for connectivity and safety for the long
term viability of the koala population.
In urban areas, biodiversity values are protected and enhanced to assist with ecosystem
health, flora and fauna, urban amenity and quality of life.”
The draft mapping and corresponding draft Noosa Plan provisions reinforce the assessment
undertaken against the current Noosa Plan.
4. CONSULTATION
4.1. Referral Agencies
The application was referred to the Department of State Development, Manufacturing,
Infrastructure and Planning (SARA).
The Department is a referral agency due to the site adjoining a Queensland Heritage Place (i.e.
the Halse Lodge Guesthouse).
The Department has responded with conditions of development that must be attached to the
Decision Notice issued by Council (refer to Attachment 4).
4.2. Other Referrals
The application was forwarded to the following internal Council officers:
Engineering; and
Ecology.
The application was forwarded to the following external specialist consultants:
Ecologist;
Stormwater
Geotechnical Engineer; and
Traffic Engineer.
Advice received has been incorporated into the above assessment.
4.3. Public Notification
The application was publicly notified for a minimum of 15 business days in accordance with the
Planning Act 2016. 71 properly made submissions and 1 not properly made submission were
received. Table 7 provides a summary and assessment of the issues raised by submitters.
Table 7: Matters raised during public notification.
Matters Raised Comments
Application not correctly lodged
The proposed development does not contain Council has sought legal advice confirming the required
the required property owner details associated land owner consent has been included as part of the
with proposed access through the Viridian application and on this basis the application is properly
Development site. made.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Matters Raised Comments
Public Notification
Question why the application was notified over The applicant has undertaken public notification in
the Christmas and New Year Period. accordance with statutory requirements of the Planning
Act 2016.
Non-compliance with the Noosa Plan
The proposed development is generally It is agreed the proposed development largely does not
inconsistent with the Noosa Plan provisions, comply with the Noosa Plan provisions.
including provisions within the: The application as proposed is recommended for
Noosa Heads Locality Code: refusal due to direct conflict with a substantial number
of outcomes sought by the Noosa Plan, including the
Biodiversity Overlay Code; proposed development:
Residential Uses Code; Substantially exceeding provisions pertaining to:
Detached House Code; o Site Density;
Building Works Code; o Building Height;
o Gross Floor Area;
Natural Hazards Overlays; and
o Site Cover; and
Driveways and Carparking Code.
o Boundary Setbacks.
Substantially extends outside the developable
areas identified by The Noosa Plan and
substantially into areas designated Open Space
Conservation;
Substantially extends into environmentally
protected areas and areas identified as containing
significant environmental values and natural
hazards;
Failing to demonstrate the environmental values,
natural hazards and functions of the site and
immediately adjoining areas will be protected.
Housing Density
The proposed density is: It is agreed the housing density as proposed is in
inappropriate due to:
Not compatible with the intended
outcomes sought The development footprint occupying a substantial
area of land zoned Open Space Conservation,
Proposed Lot 1 and the 12 Multiple within which the corresponding provisions require
Dwelling units depart entirely from the
all development to be outside of the existing
Noosa Plan provisions
conservation zoned area;
Lots 2 and 3 are oversized and not in The height of the buildings is considered to create
keeping with the current zone.
excessive bulk when viewed from the public
walkway and properties in Attunga Heights;
The three dimensional building envelope of Lot 2 is
not in keeping with the neighbouring development;
A three storey height limit being adopted;
The development does not meet the Noosa Plan’s
maximum density and GFA sought for the site.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Matters Raised Comments
Amenity Impact
The development will impact on visual amenity It is agreed the bulk of the proposed Multiple Housing
by: development is not appropriate. In particular, the
buildings, access driveway and carparks intrude into the
Resulting in oppressive and inappropriate boundary setbacks requiring substantial earthworks and
visual impact on the locality;
clearing to construct the development.
Compromising the natural beauty of Noosa It is agreed the proposed development will impact on
Hill; the current environmental and aesthetic values
Proposing Dwellings that are out of attributed to the footpath. The development requires the
character with standard Noosa dwellings; removal of protected vegetation and/or will result in
adverse impacts on nearby trees on the site, within
Creating overlooking into existing Edgar Bennett Avenue and the public access walkway,
dwellings; particularly where significant cut and fill is undertake at
Requiring deep and substantial or in close proximity to this common boundary.
engineering works will sacrifice current The associated access driveways require significant
natural characteristics of the site; retaining walls and associated cut and fill earthworks on
steep land and immediately adjacent to and/or abutting
A large scale development not in keeping the Edgar Bennett Avenue frontage and the public
with the planning fabric; access walkway.
Proposing fencing does not engender a
community ownership of the proposed
conservation land;
The community enjoys the site’s existing
environmental values when using the
public footpath; and
The proposed development will result in an
altered natural bushland setting along a
unique footpath access linking Attunga
Heights to Hasting Street.
Environmental Values
The site’s environmental values within the It is agreed the development compromises the
proposed development footprint are in good environmental values of the site.
condition which would not be offset by The development requires the removal of protected
proposed rehabilitation to other parts of the vegetation and/or impact the health of nearby trees on
site. the site, within Edgar Bennett Avenue and the public
The site should be protected. footpath, particularly where significant cut and fill is
The proposed development will result in: undertake at or in close proximity to this common
boundary.
Further decline of koalas in the Noosa The proposed nominated building envelopes and the lot
Region;
boundary lines ‘all’ and/or ‘in part’:
Loss of and disturbance to native bush and o Intersect across the site’s three zones, including
fauna; the Open Space Conservation Zone, and the
Fragmentation of the site’s environmental Biodiversity and Natural Hazards mapped areas;
values o Are located on known moderate to steep sloping
sandy dune, with slopes generally varying
Introduction of weeds, fertilisers, domestic
between 20° and 45°;
animals; and
o Do not secure required width for a wildlife corridor
Additional stormwater runoff. that provide for connectivity and safety for the long
Natural processes and landforms associated term viability of wildlife currently using the site.
with the ecosystems and watercourses with be o Do not provide a 10m setback from the top of the
permanently altered. watercourses bank as requested by Council
Large scale clearing is required to allow the officers.
development to proceed.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Matters Raised Comments
Native animals are not included in the
assessment despite local sightings
There is no evidence to suggest the existing
environmental values do not warrant
conservation.
The proposed development directly conflict the
outcomes sought in the UNSECO Biodiversity
reserve.
Wildlife Corridor
The proposed wildlife corridor should be at Council officers are generally satisfied that a 50m wide
least 100m wide. corridor is appropriate rather than 100m, which has
The development will fragment an existing been confirmed by Council’s consultant ecologist.
corridor that links Alma Way to Noosa National The proposed wildlife corridor design provides for a
Park varying wildlife corridor width as little as 28m. A
minimum vegetated width of 50m was requested by
Council officers. Further it is not considered reasonable
to propose other private and unsecured land to act as
part of the wildlife corridor sought. For confirmation,
Council officers are generally satisfied where the
proposed corridor width includes the vegetated Edgar
Bennett Avenue road reserve.
The location of proposed building envelope of Lot 2 is
considered to also constrain the ability for an effective
and ‘best outcome’ wildlife corridor linking to the full
site’s common boundary to Yunaman Bushland
Reserve.
Natural Hazards
The proposed development does not respond It is agreed associated access driveways require
to the steep slopes. significant retaining walls and associated cut and fill
Instability will be created by construction on earthworks on steep land and immediately adjacent to
loose sandy soils. and/or abutting the Edgar Bennett Avenue frontage.
The soil depends on tree cover for protection It is agreed the works on steep slopes has the potential
against erosion. to cause erosion during construction, however these
concerns can generally be managed via conditions of
The development will erode the sloping site
development or during assessment of the subsequent
during construction.
Operational and/or Building Works application/s.
Proposed cut into dunes does not integrate
Appropriate bushfire conditions could be included to
with the natural characteristics of the site and
address the potential threat if the proposed
presents a serious risk to people and safety.
development was recommended for approval.
The proposed development will increase the
risk of wildfire due to the steep slopes.
Full risk assessment has not been undertaken
in accordance with specialist
recommendations.
Impacts on adjoining properties
The proposed development will impact This concern would normally be addressed by the
adjoining properties by: inclusion of a reasonable and relevant condition of
approval should the application be recommended for
Creating overlooking into existing
approval and/or assessed at the time of subsequent
dwellings;
Operational and Building Works assessment.
Creating noise and light spill
Creating a driveway on the western
property boundary
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Matters Raised Comments
Impacts during construction
There is no consideration given to construction Agreed, no details are provided about how access will
access to lot 3. be obtained build the detached house on Lot 3. It is
noted the access easement on Peppers resort only
takes effect once approval has been granted and the
use of the detached house has commenced.
Impact during construction will extend to: This concern would normally be addressed by the
inclusion of a reasonable and relevant conditions of
The walkway will be closed during approval should the application be recommended for
construction;
approval and/or assessed at the time of subsequent
Hardship for existing residents and nearby Operational Works application.
businesses due to traffic disruption, noise
and dust; and
Risk to safety of pedestrians.
Refuse
The proposed refuse locations with result in: This concern would normally be addressed by the
inclusion of a reasonable and relevant condition of
Odour impacts approval should the application be recommended for
Dumping into the wildlife corridor approval and/or assessed at the time of subsequent
Operational Works application.
Rainwater
No proposed collection of rainwater. Rainwater water tanks are proposed for the two
dwelling houses otherwise there is no planning
requirement currently for water tanks.
Infrastructure Services
The infrastructure services required for the The existing infrastructure is available for the proposed
development are not available development without creating any undue load on the
existing services in the locality
Traffic
Attunga Heights and nearby intersection Advice received from a specialist traffic engineering
cannot accommodate the additional traffic consultant engaged by Council concluded that while
generated by the proposed development. there will be additional traffic as a result of the proposed
Attunga Heights is already narrow and unsafe development, it would be acceptable according to
for pedestrians. normal limits for such a street.
The existing problem is heightened during
holiday periods.
Carparking
The proposed development provides The proposed development does comply with the
insufficient onsite visitor car parking. Noosa Plan car parking provisions.
There is already car parking issues in Attunga
heights.
Emergency and service vehicles are already
unable to access the street.
Need and Community Benefit
There is no demonstrated need for the It is agreed there is no overriding need for the proposed
development to override the provisions of the development.
Open Space Conservation area.
There is no existing shortage of housing.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Matters Raised Comments
Draft Noosa Plan
The draft Noosa Plan was publically notified in Other than the area proposed to be zoned as Medium
February 2019, i.e. post public notification of Density Housing within the south west corner of the
this application. Several addendums to site, the corresponding provisions in the draft Noosa
previously made submissions were Plan are considered to more so reinforce protection of
subsequently received in response to how the the site’s environmental areas.
development responds to the draft Noosa
Plan.
On this basis it is agreed that the proposed
The addendums generally pertained to the development would also conflict with the draft Noosa
site’s proposed broader Environmental Plan mapping and associated provisions.
Management and Conservation zoned area
and its corresponding environmental
conservation based provisions under the draft
plan. The submissions generally concluded the
draft plan even more so supported the reasons
for objection given within previous submissions
submitted
Other Matters
Reduced property values These matters are not considered as part of the
assessment of development applications.
Rental income loss compensation during
construction
Council should purchase the site for
conservation purposes
Council should consider creating a botanic
gardens at the site.
5. CONCLUSION & REASONS FOR DECISION
The applicant seeks a development permit on land at 27 Attunga Heights, Noosa Heads for:
Material Change of Use (2 Detached Dwellings and 12 Multiple Housing Units); and
Reconfiguration of a Lot (1 into 4 lots plus Access Easement).
The applicant has provided extensive grounds and numerous supporting specialist reports
recommending the favourable assessment of the proposed development, which largely pertain to
the location of the proposed development footprint being a far better outcome than otherwise
developing the existing Detached Housing and Attached Housing zoned land.
The proposed development is however assessed as largely not complying with key Noosa Plan
provisions relating to density, height, gross floor area and setbacks. Furthermore, the proposal
extends substantially outside the developable areas identified by The Noosa Plan zone map, and
into large parts of the site designated Open Space Conservation.
It is recognised that the most developable area of the site extends off Attunga Heights, which
includes the existing dwelling, more moderate slopes and vegetation of lessor value being weed
infested. The proposed development however significantly extends outside the potential
development area and is not of a scale and density consistent with existing and permitted
development in the Attunga Heights.
The proposed development also fails to adequately protect the environmental values and
respond to the natural hazards of the site and adjoining land, given the substantial clearing and
or modification of mapped protected areas and earthworks likely to be required, both for
construction purposes and the finished product.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
The bulky appearance of the proposed Multiple Housing development is not appropriate and
likely to significantly impact on the visual amenity of the site currently enjoyed by users of Edgar
Bennett Avenue road reserve and the public footpath. In particular, the buildings, access
driveway and carparks intrude into the boundary setbacks requiring substantial earthworks and
clearing to construct the development. Additionally, the proposed Detached House on Lot 2 and
Multiple Housings Units 1 and 2, being 3 storeys and 12m high, are not considered to be
respective the scale and character of the neighbouring development in Attunga Heights.
The application has attracted a considerable number of public submissions, all opposed to the
development, which have raised generally valid grounds, supported by the Noosa Plan
provisions, as reflected in the assessment of this application.
A review of the application against the draft Noosa Plan provisions concludes that the proposed
development would conflict with the draft outcomes sought. Most significantly, the proposed
changes consolidate development to the south west corner of the site only reflective of the
significant natural constraints on the site and with any development limited to a maximum
building height of 8m and 2 storeys (i.e. consistent with Attunga Heights).
In conclusion, the development as proposed does not meet a substantial number of outcomes
sought by The Noosa Plan, and as such the development is considered not appropriate,
impacting significantly on the site’s environmental values. On this basis the proposed
development is recommend for refusal as a result of direct conflict with a substantial number of
Noosa Plan provisions.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development X Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning X Infrastructure Planning,
X
Design and Delivery
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
5 MCU19/0007 - REPRESENTATIONS TO CONDITIONS - DEVELOPMENT APPROVAL
FOR MATERIAL CHANGE OF USE - ENTERTAINMENT & DINING TYPE 2
RECREATION AMUSEMENT FITNESS (FITNESS CENTRE) AT 26 PROJECT AVENUE,
NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development Department
Index ECM/ Application/ MCU19/0007
Attachments Nil
APPLICATION DETAILS
Applicant The Mcfarlan Group Pty Ltd
Proposal Representations to Material Change of Use - Entertainment & Dining
Type 2 Recreation amusement fitness (Fitness Centre)
Properly Made Date 16 January 2019
Information Request Date 5 February 2019
Information Response Date 11 February 2019
Number of Submissions Nil
PROPERTY DETAILS
Property Address 26 Project Ave Noosaville Qld 4566
RP Description Lot 200 RP 913612
Land Area 1013 m²
Existing Use of Land Industrial shed
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Industry
Overlays Natural Hazard Overlay – Acid Sulfate Soils
Assessment Type Impact
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 11 June 2019 regarding Application No. MCU19/0007 for
representations to conditions of approval for a Development Permit for Material Change of Use –
Entertainment & Dining Type 2 Recreation amusement fitness (Fitness Centre) situated at 26
Project Ave Noosaville and:
A. Approve the request to change Condition 2 to read as follows:
Approved Plans
2. Development authorised by this approval must be undertaken generally in
accordance with the Approved Plans listed within this Decision Notice.
Plan No. Plan Name Date
D-11801-01C Proposal Plan (site plan), drawn by Lynda McDougall 10/12/2018
D-11801-02B Proposed extension & new amenities block Ground Floor 10/12/2018
Plan, drawn by Lynda McDougall
D-11801-03A Extension and amenities concept – Mezzanine Floor Plan & 10/12/2018
Elevations, drawn by Lynda McDougall
D-11801-03A South and North Elevations, drawn by Lynda McDougall 10/12/2018
B. Refuse to change Condition 4 for the following reason:
1. The proposed increase in patron numbers results in a reliance on street parking,
which is not consistent with the Driveways and Carparking Code in the Noosa Plan.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant has made representations to a Development Permit for Material Change of Use –
Entertainment & Dining Type 2 Recreation amusement fitness (Fitness Centre) to increase the
number of patrons from 15 to 20 attending the site outside of the hours of 7.30am and 4.30pm
each day. In addition, the applicant proposes to increase the floor area of the amenity block by
approximately 13m2 to comply with People with Disability (PWD) requirements. Refer Figures 1 &
2.
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Section 102
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Figure 1 – Proposed extension to amenity block Figure 2 – Approved Plan – amenities block in yellow.
2. SITE DETAILS
2.1. Background
Council approved a Development Permit for Material Change of Use – Entertainment & Dining
Type 2 Recreation amusement fitness (Fitness Centre) on 18 April 2019. The proposed
development sought to utilise an existing industrial shed and extend the shed in the future to
accommodate a fitness centre/cross fit training facility. The existing floor space is 271m 2
(including a mezzanine level) and the extension to the east is proposed to be 84m 2 An amenities
block with toilet and showers is to be located in a separate building from the existing building.
The total approved floor area is 377m2.
3. ASSESSMENT
Representations to Conditions
Condition 2 – List of approved Plans
Approved Plans
2. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed within this Decision Notice.
Plan No. Plan Name Date
D-11801-01A Proposal Plan (site plan), drawn by Lynda McDougall 10/12/2018
D-11801-02A Ground Floor Plan, drawn by Lynda McDougall 10/12/2018
Page 102 of 133
Section 103
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
D-11801-03A East and West Elevations and mezzanine plan, drawn by Lynda 10/12/2018
McDougall
D-11801-03A South and North Elevations, drawn by Lynda McDougall 10/12/2018
Applicant’s Request
The changes to the plans reflect the increased size of the toilets from 26m 2 (6.35m x 4.1m) to
39m2 (6.95m x 5.6m) to comply with the PWD requirements and allow a separate male/female
shower and toilet. It is requested to endorse the submitted plans to reflect the change to the
amenities block and change Condition 2 accordingly.
Assessment
The proposal includes an increase of floor area for the amenities block which is located at the
rear of the site and existing building.
The increase in size of the amenities block does not impact on the provision of approved
landscaping and the number of car spaces.
Process wise, additional floor area would generally mean a change to the application. In this
case however, an increase in floor area for an amenities block is considered generally in
accordance with the existing approval.
For the above reasons, the applicant’s request is supported.
Condition 4 – Patron numbers
Operating Hours and Class Times
4. The hours of operation and staff and patron numbers for the development must comply
with the following requirements:
a. The hours of operation for the approved use is limited to the hours between 5.00am
and 9.00pm daily;
b. The number of people (patrons and staff) must not exceed 15 people at any one time.
c. Group classes must have a minimum 15 minute break between the conclusion of a
class and the beginning of the next.
Applicant’s Request
The proposed change considers the large amount of surplus parking off site outside the
predominant industrial use hours. This condition for additional patrons has been considered
appropriate for similar proposals in the industry zone where there are excess off-street parking
opportunities. The applicant requests to amend Condition 4 as follows:
Operating Hours and Class Times
4. The hours of operation and staff and patron numbers for the development must comply
with the following requirements:
a. The hours of operation for the approved use is limited to the hours between 5.00am
and 9.00pm daily;
b. The number of people (patrons and staff) must not exceed 15 people at any one time.
between the hours of 07:30 and 16:30;
c. The number of people (patrons and staff) must not exceed 20 people outside of
these hours; and
d. Group classes must have a minimum 15-minute break between the conclusion of a
class and the beginning of the next.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
Assessment
The previous assessment and the resultant approval proposed 13 spaces that would enable
sufficient car parking availability for a maximum number of 15 people present on site, where
applying the 0.85 car spaces per person rate. A condition was included in the approval for
maximum class size numbers and further that there is no overlapping of classes to ensure on site
car parks are available at all times.
The applicant requests that an increase in patrons from 15 to 20 people be allowed to attend the
site outside of the hours 7.30am & 4.30pm. This results in an on street (off-site) reliance for car
parking for 4.25 spaces where applying the 0.85 car spaces per person rate as previously
applied.
A basic survey on 2 business days from 4-5pm in the western part of Project Ave concluded
there are anywhere between 6-14 car spaces available on the street. On these days, some
decrease occurred between 4.10-4.40pm and then there was an increase in demand close to
5pm on one of these days. It was observed from the street that on these days that industrial
activities were still occurring at 5pm (e.g. No’s 16, 25 & 28 Project Avenue). The survey did not
extend past 5pm.
An increase in patrons will not comply with the Specific Outcomes O7 and O18 of the Driveways
and Carparking Code in Noosa Plan, which requires on-site parking and appropriate
consideration of parking impacts.
With regard to car parking, an analysis of other gyms approved in recent times in industrial
estates concluded where car parking requirements were not met, that car spaces allocated to
other tenancies on site could be utilised by the gym outside of industry business hours. Other
gyms that comprise of the only tenancy on site have complied with the on-site car parking
requirements.
Currently, there is at least one other gym operating in Project Avenue. It is important to note that
a gym is an inconsistent use in the industrial area and to allow on street reliance may constrain
industrial use flexibility in the future. For example where shift work occurs and whereby industry
hours or production times may vary over time for business reasons. On-street parking can
accommodate overflow, but should not be relied upon for a use that is not consistent in the zone.
It is therefore concluded that it is not appropriate to allow an inconsistent use in an industrial area
to utilise on-street car parking, as there is a potential that this degree of relaxation may put
pressure on existing and future industrial business operations.
5. CONCLUSION
It is therefore recommended to agree to amend Condition 2 to allow an increase in size of the
amenity block and disagree to change Condition 4 to allow additional patrons.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 104 of 133
Section 105
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
6 OPW17/0555 - PLANNING & ENVIRONMENT COURT APPEAL NO 2760 OF 2018,
DEVELOPMENT PERMIT FOR OPERATIONAL WORKS FOR SIGNAGE AT 4-24
GIBSON RD, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development Department
Index ECM/ Application / OPW17/0555 / Appeal / Trust Company
Attachments 1. Decision Notice
2. Proposal Plans
3. Amended Conditions
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 June 2019 regarding Planning & Environment Court
Appeal No 2760 of 2018 and agree to settle the appeal generally in accordance with the
amended conditions set out in Attachment 3.
REPORT
On 15 March 2018, Council decided to approve an application for Operational Works for signage
for the Noosa Village Shopping Centre, subject to a number of detailed conditions.
The applicant subsequently made representations to the Decision Notice (Attachment 1) seeking
approval for:
All 3 pylon signs to be illuminated (the approval limited this signage to only 2 pylon signs
being illuminated, with the third not permitted to be illuminated); and
Retention of the existing illuminated Woolworths sign and Reject Shop sign.
On 19 July 2018, Council at its Ordinary Meeting resolved to refuse to change conditions 1, 2, 8
& 9 of a Development Permit for Operational Works for signage for the Noosa Village Shopping
Centre for the following reasons:
1. The proposed changes will result in additional signage and illumination of signage contrary
to the Noosa Plan’s Advertising Devices Code.
2. The proposed changes will detract from the amenity and desired character of the area and
contribute to visual clutter.
3. The proposed changes are not legitimately necessary to provide directions and/or identify
the businesses location to residents and visitors to the area.
As a result of Council’s decision to refuse the representations, the applicant lodged an appeal
with the Planning & Environment Court. The appeal notice detailed that the appellant sought that
the court approve the illumination of the third pylon sign and signage for Woolworths and the
Reject shop fronting Gibson Road.
Page 105 of 133
Section 106
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 JUNE 2019
In accordance with the Planning & Environment Court’s directions, 2 mediation meetings were
attended by Council officers and the appellant with the court registrar. At the mediation, the
appellant made submissions to a number of the conditions of the Operational Works approval
including the disputed conditions 1, 2, 8 & 9 and additional matters not currently identified in the
appeal notice or requested as part of the representations to the Decision Notice. The appellant
sought:
all 3 pylon signs to be illuminated, referred to as S01, S02 and S03 on the proposal plans
(Attachment 2).
approval of a sign for Woolworths and the Reject Shop of 18.6m2 fronting Gibson Road
referred to as S09 on the proposal plans.
an increase in the sign face area of the approved sign for Woolworths/BWS fronting the
internal car park referred to as S05 on the approved plans from 10m2 to 16.2m2.
Notably this would have required the appellant to amend their appeal notice, which is permissible
by the Planning & Environment Court.
Illuminated Pylon Signs
At mediation, the appellant proposed that the illumination of the third pylon sign served a relevant
purpose by alerting visitors that the shopping centre was open, with the lighting turned off at
closure of the centre. The appellant advised in this regard, that this sign when lit was visible to
motorists at night at the Mary St/Gibson Road roundabout when travelling from Weyba Road and
clearly identified for visitors whether the centre was open or closed. The appellant also pointed
out that the site has a significant road frontage to Gibson Road measuring approximately 230m in
length
It is considered that there is some merit in the appellant’s submission, with the existing
illuminated sign clearly visible at night at the Mary St/Gibson Road roundabout and the site
having an extensive road frontage. Review of the former local law signage register also shows
that 3 illuminated pylon signs were previously approved for the shopping centre. For these
reasons, officers agreed at mediation to recommend to Council that the 3 pylon signs be
permitted to be illuminated.
Woolworths & Reject Shop
On review of the appeal, officers noted that the approved signage for the shopping centre
included no signage for the building fronting Gibson Road, despite the building being 135m long,
with the signage approved for this frontage limited to 2 pylon signs, a low level entry sign in the
car park and centre logo signage. While Council had approved a total of approximately 80m 2 of
signage for the shopping centre the current limit on this frontage appeared overly restrictive and
on advice from Council’s solicitor it was considered reasonable to permit some signage on the
building for the shopping centre tenants. Again, review of the former local law signage register
showed that one illuminated Woolworths sign had been previously approved for this frontage,
although none for the Reject Shop.
For these reasons officers agreed at mediation to recommend to Council that a combined sign for
Woolworths and Reject Shop not exceeding the total sign face area of the existing Woolworths
and Reject Shop signs of 9.262m2 be approved.
Woolworths/BWS Sign
At mediation officers did not agree to any increase in the approved Woolworths/BWS sign from
10m2 to 16.2m2.
On this basis, the appellant also agreed at mediation to settle the appeal.
Page 106 of 133
The text continues on section 107.