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change to the approval - clubhouse use
Noosa Council documents
Form 6 – Compiled Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 12637 DA Date of Decision: 16 JANUARY 2006
1. APPLICANT DETAILS
Name: RENA CLAIRE MERCHANT
Postal address: C/- DILLON FOLKER STEPHENS TOWN PLANNERS, PO BOX 605, MAROOCHYDORE
QLD 4558
Phone no: 5443.5566 Fax no: 5443.9977 Mobile:
2. PROPERTY DESCRIPTION
Street address: 48 & 59 KABI ROAD
Suburb/locality COOTHARABA
Real property LOT 394 ON M371117 & LOT 7 ON RP 216403, PARISH OF NOOSA, COUNTY OF MARCH
description:
3. OWNER DETAILS
Name: RENA CLAIRE MERCHANT
Postal address: PO BOX 1119, TEW ANTIN QLD Postcode: 4565
4. REFERRAL AGENCIES
Referral Agency Address Basis
Department of Environment & Heritage PO Box 101, Maryborough Qld 4650 Advice
(Environmental Protection Agency)
Department of Primary Industries PO Box 5165, Nambour Qld 4560 Advice
Department of Natural Resources PO Box 573, Nambour Qld 4560 Advice
Department of Main Roads PO Box 183, Gympie Qld 4570 Advice
5. APPROVAL TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use Integrated Permaculture NO YES
Designed Organic Orchard and
Golf Course Complex (18 holes)
6. DECISION DETAILS
Council decided to:-
A. Approve the application and grant a Development Permit, subject to conditions.
B. Determine that it is satisfied that land situated at 48 Kabi Road, Cootharaba described as Lot 7 on RP
216403, Parish of Noosa adequately meets the criteria of Local Law No. 20 - Preservation of Trees and
Vegetation and resolves that it intends to declare the land as a Tree Preservation Area.
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Noosa Council documents
NOOSA COUNCIL IDAS Development Application Decision Notice 2
In relation to a request to change or cancel a condition of the Development Permit, Council on 19 January 2006
resolved to:
A. Approve a change to Condition 47;
B. Issue a Compiled Decision Notice.
7. SUBMISSIONS
Four (4) properly made submissions were received.
8. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are attached.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Building W orks Clubhouse and sheds
Plumbing & Drainage Works Clubhouse and sheds
Operational Works Landscaping, Carparking & Access
10. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
11. ASSESSMENT MANAGER
Name: Noosa Shire Council Signature: Date: 20/01/06
DECISION NOTICE HISTORY
Original Decision Notice 21/10/1999.
Negotiated Decision Notice with amendment to
Conditions 2, 9, 10, 12, 13, 26 & 39.
Minor change to the approval with amendment to
Condition 47 on 19 January 2006.
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Noosa Council documents
NOOSA COUNCIL IDAS Development Application Decision Notice 3
NOOSA Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Building
1 The plans submitted for a Development Permit for building works are to comply with the approved
plans.
2 Construction work associated with the 18 hole par 3 golf course element of the complex shall not be
permitted on Sundays, public holidays or between the hours of 6:00 pm and 7:00 am , provided that
these hours may be modified with specific approval from the Manager of Building.
Health
3 A grease arrester should be provided at the clubhouse (if food preparation or cooking occur). Include all
trade waste information on the hydraulic drawings.
Engineering
4 Prior to undertaking any excavation, the person acting on this permit shall contact public utility service
providers to ascertain the location of their underground services.
5 For the following classes of work associated with development, a Development Permit for Operational
Works must be obtained prior to commencement of works relating to that class of work. The
application may combine any or all of these classes of work: -
Access and/or carparking
Drainage
Frontage works
Roadworks
Site Filling
Excavation of materials to fill another site
Landscaping
6 The person acting on this permit shall apply and obtain for all other necessary permits including crane
permits, road opening permits, hoarding permits, footpath occupation permits and/or any other
approvals required under any other Act.
7 Before the issue a Development Permit for Operational Works, the Applicant shall sign a written
undertaking to be responsible for the full cost of repairs to road pavement, footpath, kerb and gutter, or
other Council property damaged as a result of construction of the proposed development.
If any Council property or facilities (such as underground drainage) is damaged by any person acting
under a condition of this permit, through any cause whatsoever in the course of, directly or indirectly
carrying out development, that person shall forthwith notify the Manager-Land Development and shall
forthwith rectify that damage at its cost and to the satisfaction of the Manager-Land Development.
Alternatively, the Applicant may request the Council to carry out the rectification works.
In all cases, Council reserves the right to carry out rectification works in an emergency and where no
reasonable attempt has been made to complete the rectification works as part of the development.
All costs incurred by Council in any rectification works shall be repaid to Council prior to the
commencement of the use.
8 The Assessment Manager for building work shall ensure that all other permits required by this permit
have been obtained and outcomes from imposed conditions incorporated into the building plans prior to
issue of a Development Permit for Building W orks.
9 All parking associated with the approved use shall be provided within the development site.
Formalised On-Site parking shall be for at least 80 car spaces, 2 Tourist Bus bays, including a
minimum of 10 spaces for staff. At least 4 spaces shall be clearly marked for disabled car spaces.
Additional contingency car parking shall be provided on site for at least another 10 car spaces and 1
Tourist Bus and expanded as necessary to meet demand.
The car parking areas shall be designed to comply with the provisions of AS 2890.1-1993 for user class
2.
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Noosa Council documents
NOOSA COUNCIL IDAS Development Application Decision Notice 4
10 The formal car parking area shall be drained and the constructed with gravel pavement using materials
that minimise dust.
The access from the property boundary to the car park area shall be constructed to access road
standards except as a sealed road for the first 100 metres from the property boundary and gravel
thereafter using materials consistent with the formal car park area. Plans and specifications for these
works shall be submitted in conjunction with an application for a Development Permit for Operational
Works.
11 Provided that the use authorised by this permit has not lapsed, all carparking shall be kept maintained
and line-marked in a condition fit for use to the reasonable satisfaction of the Manager-Land
Development.
12 A contribution toward roadworks external to the development site in the Cootharaba Road catchment
shall be paid prior to the commencement of this approved use. The amount of the contribution as at
September 1999 is $100,000 and shall be subject to changes in the Consumer Price Index, All Groups
Brisbane, up until the date of payment
13 Prior to the commencement of the use, Kabi Road shall be upgraded to local road standard of 6m seal
on 8m gravel formation for its full length from the intersection with Cootharaba Road to the development
site, at no cost to Council. Subject to satisfactory traffic management being incorporated into the
design of Kabi Road and fill batters being at a maximum grade of 1:6, the gravel pavement width may
be reduced to 7 metres. Design details to be submitted in conjunction with the application for a
development permit for operational works.
14 No Council property of facility shall be interfered with during works associated with this development.
15 All designs for engineering works involving the construction of pavements, kerb and channel, vehicular
access, footpaths, turnouts, stormwater drainage, water supply or sewerage reticulation shall be
prepared in accordance with the requirements of Council's Engineering Design Standards, shall
reference where applicable to Council’s Standard Drawings and shall incorporate best engineering
practice.
16 A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
specifications for all engineering works which shall be submitted in conjunction with an application for a
Development Permit for Operational Works.
17 Prior to commencement of the use, a certificate shall be submitted to Council from a registered
Professional Civil Engineer certifying that he has supervised all operational works and that all works
have been completed in a workmanlike manner in accordance with good engineering practice and in
accordance with the permits/approvals required pursuant to this permit.
18 The following steps are undertaken prior to commencement of any construction on a public road:
The Principal Contractor shall give Council's Inspector seven (7) days' notice of intention to
commence works.
The Principal Contractor or any of his subcontractors shall not undertake any works unless each
contractor has public liability insurance in the sum of $10,000,000 and copies of current public
liability insurance policies are submitted to Council’s inspector.
The Principal Contractor shall nominate a site representative and give a telephone number that
can reach the site representative at any time during a 24 hour day.
The site representative shall arrange to meet on-site with Council's Inspector to obtain Council's
requirements for construction of access.
All signage, including that for safety during construction, shall be in accordance with the Manual of
Uniform Traffic Control Devices and Department of Transport (Main Roads Division) Roadworks
Signing Guide.
19 The transportation of all materials to and from the development site shall be undertaken in a manner
such that no particulate matter escapes onto a public road. All vehicles carrying materials either to or
from the development site shall be covered to prevent materials including dust being windblown from
the vehicle.
20 A program of works is to be submitted with any application for a Development Permit for Operational
Works detailing the construction schedule and proposed prevention measures.
Where the program is changed for any reason whatsoever, a copy of the revised program shall be
submitted to Council’s Works Inspector within seven (7) days.
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Noosa Council documents
NOOSA COUNCIL IDAS Development Application Decision Notice 5
21 Operational works are to be carried out in a manner that prevents:
Pollution of a waterway
Dust nuisance to residents in the vicinity
Transfer of dirt and debris onto a public road
Excessive noise (less than 1.5 Dba above ambient measured at the lot boundaries)
Excessive traffic delays (less than 5 minute delays)
Diminution of neighbourhood amenity (long term parking of employees vehicles, parking of
construction equipment etc.)
22 Where operational works are likely to affect nearby residents, at least 3 days notice of commencement
of work, the name of the site supervisor, and a 24 hour contact telephone number shall be distributed to
affected residents
23 Fill imported to the site may only be from a site licensed with The Environment Protection Authority or
from a site for which a development permit for operational works has been issued.
24 A practicing Geotechnical Engineer shall test the existing ground conditions for suitability of placing
additional fill, prior to such fill being placed.
Filling works shall be restricted to the subject site itself, and the finished fill levels are to taper to the
existing levels prior to the rear boundary of the property. Batters shall be at a maximum grade of 1:4
unless retained by a wall.
Any existing fill or natural materials on the development site or with the extent of approved works
external to the site which do not satisfy the Manager-Land Development's or a Geotechnical Engineer's
requirements shall be removed and replaced with suitable material.
25 Fill shall be compacted to 95% relative dry density as per Main Roads Department Test No. Q8A, and
all work shall be supervised by a qualified Geotechnical Engineer who shall certify that fill has been
compacted to the required standard.
26 The sewerage system for the club house and any toilet and washing facilities shall be designed to cater
for a minimum hydraulic loading of 4,000 litres per day with peak loadings above 4000 l/day being
determined from detailed estimates
27 Pursuant to Item 15 of Schedule 1 to the Environmental Regulation, 1988, a current licence shall be
held for this sewerage facility from the Environment Protection Agency (EPA).
28 Disposal of septic and sullage effluent may be by domestic aerated sewage treatment plant approved
with disposal of final effluent by sub-surface irrigation. This system may be used in conjunction with an
approved composting toilet. Full details shall be submitted to Council together with a copy of the EPA
licence.
The installation, operation and maintenance of the system shall be in accordance with all licence
conditions.
29 A detailed geotechnical report from a registered professional geotechnical engineer shall be submitted
covering the disposal area for the effluent disposal area. All recommendations of the geotechnical
engineer shall be incorporated in to the design of the disposal area.
The design of the effluent disposal area shall comply with AS shall be located outside 50 metres from
any creek bank, and from the banks of any dams or intermittent streams within or in the vicinity of the
subject site.
30 A final Environmental Management Plan (EMP) covering all aspects of the development including all
operational works as outlined in the Response to Finalised Information prepared by Gary Dillon &
th
Associates dated 20 April shall be submitted for approval as part of the application for a development
permit for Operational works. All baseline data required to establish performance benchmarks shall be
undertaken and included in the application.
The EMP shall be prescriptive in defining acceptable limits for all aspects of this development.
31 To protect the environment against siltation/sediment export or soil erosion as a result of this
development, The Environmental Management Plan shall detail all site control measures such as silt
fencing, sediment control ponds, nutrient stripping ponds. Prior to commencement of any works, all
physical site control measures shall be installed, and the plan adhered to.
32 All existing noxious weeds, including but not limited to Groundsel bush (Baccharis halimifolia), Giant
Rats Tail Grass (Sporobolus pyramidalis and S. natalensis), and Salvinia molesta, shall be kept cleared
from the development site.
Under State Legislation, Gall Fly (Rhopalomyia Califormica) is not a recognised means of control or
destruction of groundsel bush. Any existing Declared Noxious Plants under the Rural Lands Protection
Act (1985) which have a control category of P2, P3 or P4 shall be controlled in a manner pursuant to the
Rural Lands Protection Act (1985).
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Noosa Council documents
NOOSA COUNCIL IDAS Development Application Decision Notice 6
The notification period to Council of the completion of eradication works shall be a minimum of thirty
(30) days. The Applicant is advised that Council's Noxious Weeds Officer will not undertake an
inspection the development site until after this notification period has expired.
33 As part of the application for a development permit for operational works, details for rehabilitation of the
dam and waterway areas by the use of native fauna and flora shall be included.
34 All suitable native trees shall be retained. Details of retained trees shall be submitted with any
application for a Development Permit for Operational Works.
Particular care shall be given not to interfere with the natural ecology around retained trees likely to
cause stress to these trees.
35 The existing vegetation on the site shall be retained except where required to be removed to enable
construction of roads, accesses or pegging of surveyed boundaries. Particular care shall be taken not to
disturb vegetation adjacent to existing creeks and watercourses.
36 Prior to commencement of any operational works arising out of this permit, security in the sum of
$25,000 must be lodged with Noosa Council, to secure performance of conditions of this approval
relating to works external to the site. The security shall be in the form of cash or unconditional trading
bank guarantee acceptable to the Manager-Land Development.
The security will be returned upon satisfactory performance of all relevant conditions of this approval
and any other related development permits for operational, less any costs incurred by Council in
ensuring compliance with these conditions or for any additional inspections incurred for substandard
work or works undertaken not in accordance with this permit.
37 The requirements of ENERGEX, OPTUS and TELSTRA shall be satisfied in relation to any existing
services which currently traverse the development site. Written confirmation by the relevant authorities
that satisfactory arrangements have been made to formalise any existing informal services shall be
submitted prior to commencement of the use.
38 All stormwater drainage shall be designed in accordance with the provisions of the 1987 Australian
Rainfall and Runoff (A.R.R.), Australian Standard AS3500.3.2-1998 ‘Stormwater Drainage-Acceptable
Solutions’ and Noosa Council Standards. Pipe and channel drainage systems shall be designed to
cater for ten (10) year Average Recurrence Interval design storm for Kabi Road.
39 The water quality of any water originating from and leaving the site shall not vary by more than 5% from
the baseline data for water currently leaving the site measured in the north eastern area of the
development site. Monitoring of water quality in the dams shall be undertaken monthly during
construction and annually during operation.
40 A water quality control plan shall be included in the EMP and once approved, shall be complied with at
all times.
41 Stormwater drainage shall include measures to protect proposed allotments from run-off from
surrounding land. The design shall also address controls for gross pollutants, nutrient runoff, oil and
grease, and silt and sediment.
Underground stormwater systems shall be designed in accordance with Noosa Council’s Engineering
Design Standards, and shall be connected, where possible to Council's existing drainage systems.
An easement of minimum width 4.0 metres shall be granted in favour of Council over any stormwater
pipes that traverse private property.
Designs that concentrate stormwater onto adjoining land shall require separate formal approval from
the owner of the land or relevant Government Authority. Such approval shall be submitted with the
design in conjunction with an application for a Development Permit for Operational Works.
Town Planning
42 Development undertaken in accordance with this approval must generally comply with the approved
plans of development. The approved plans are numbered No. G177.DCP.02 Figure 3 prepared by GNP
Golf Design Pty Ltd and dated May 1998 and as may be amended by these conditions.
43 The approval of the Sport and Recreation (golf course) component of the Integrated Permaculture
Designed Organic Orchard and Golf Course Complex, is only valid for as long as the Agriculture use
(Permaculture) is undertaken on the site. The Sport and Recreation ( Golf Course) use, and ancillary
uses, lapse if the Permaculture use ceases on the site.
44 The owner/operators of the proposed development are required to be members of the Biological
Farmers of Australia. Accordingly there is not be any use of non organic chemicals on the site.
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Noosa Council documents
NOOSA COUNCIL IDAS Development Application Decision Notice 7
45 The Regional Manager, Cultural Heritage Program, Southeast Region, Environmental Protection
Agency should be contacted immediately on (07) 3225 8426 should any cultural artefacts be exposed
during construction.
46 The proponent should give some consideration to rehabilitating the existing and proposed waterway
features, to a more natural state, by the use of native fauna and flora. The Southern Fisheries Centre
(Mr Bob Simpson, (07) 3817 9590 may be contacted for advice on stocking native fish.
47 The clubhouse is limited to a size of 280m². Any future application for the granting of a Liquor Licence
should be limited in the hours of the licence to not later than 10pm Monday to Sunday, to minimise the
potential impacts on surrounding residences. The clubhouse is not permitted to operate after 10pm
daily and is not to be utilised as a Function Room.
48 The development must be undertaken and operated in a manner that causes no detrimental effect upon
the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or
other emissions.
49 The open space and setback areas are to be landscaped in accordance with Council’s Policy on
Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to be completed
prior to the commencement of the golf course component of the use and maintained at all times
thereafter to the reasonable satisfaction of the Director of Environment & Planning.
50 Existing trees on the site and within road reserves are to be retained, except where required to be
removed due to building operations or the conduct of the approved use. The landscape plans referred to
above are to denote areas of existing vegetation or existing trees proposed to be retained.
51 Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
52 The developer must submit security in the form of a cash bond or trading bank guarantee to the sum of
$20,000 to secure performance of all conditions of this approval, prior to the issue of a Development
Permit for building works. 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.
53 The requirements of this development approval are to be effected, prior to the use of the premises.
Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect
compliance with conditions.
54 This Development Permit for a material change of use of premises lapses if:-
54.1 the use or erection of a building or other structure associated with the use, has not been
commenced within four (4) years of the date of issue of the Development Permit, unless
application is made and approved by Council for an extension; or
54.2 the use of any premises pursuant to the Development Permit ceases.
55 Prior to the commencement of development, the developer must obtain the following Development
Permits:-
55.1 Development Permit for building works;
55.2 Development Permit for plumbing and drainage works;
55.3 Development Permit for operational works of landscaping, carparking and access;
55.4 Development Permit for reconfiguring a Lot (amalgamation)
The developer must obtain all of the other Development Permits referred to above, prior to obtaining a
Development Permit for building works, unless the Council agrees otherwise.
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Noosa Council documents
NOOSA COUNCIL IDAS Development Application Decision Notice 8
NOOSA Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
The following is an extract from the Integrated (a) the development application involves impact
Planning Act (Chapter 4). assessment; and
Division 8 - Appeals to court relating to (b) the advice agency told the applicant and the
development applications assessment manager to treat its response to
the application as a submission for an appeal.
Appeals by applicants
(2) The appeal must be started within 20
4.1.27.(1) An applicant for a development business days after the day the decision notice or
application may appeal to the court against any of negotiated decision notice is given to the advice
the following- agency as a submitter.
(a) the refusal, or the refusal in part, of a Appeals for matters arising after approval given
development application; (co-respondents)
(b) a matter stated in a development approval, 4.1.30.(1) For a development approval given for a
including any condition applying to the development application, a person to whom any of
development, and the identification of a code the following notices have been given may appeal
under section 3.1.6;1 to the court against the decision in the notice-
(c) the decision to give a preliminary approval when (a) a notice giving a decision on a request for
a development permit was applied for; extension of the currency period for an approval;
(d) the length of a currency period; (b) a notice giving a decision on a request to make
(e) a deemed refusal. a minor change to an approval.
(2) An appeal under subsection (1)(a) to (d) (2) The appeal must be started within 20
must be started within 20 business days (the business days after the day the notice of the
“applicant’s appeal period”) after the day the decision is given to the person.
decision notice or negotiated decision notice is (3) Subsection (1)(a) does not apply if the
given to the applicant. approval resulted from a development application
(3) An appeal under subsection (1)(e) may be (superseded planning scheme) that was assessed
started at any time after the last day a decision on as if it were an application under a superseded
the matter should have been made. planning scheme.
Appeals by submitters Division 9 - Appeals to court about other matters
4.1.28.(1) A submitter for a development application Appeals for matters arising after approval given
may appeal to the court about- (no co-respondents)
(a) the giving of a development approval, including 4.1.31.(1) A person to whom any of the following
any conditions (or lack of conditions) or other notices have been given may appeal to the court
provisions of the approval; or against the decision in the notice-
(b) the length of a currency period for the approval. (a) a notice giving a decision on a request to
change or cancel a condition of a development
(2) The appeal must be started within 20
approval.
business days (the “submitters appeal period”)
after the day the decision notice or negotiated (b) a notice under section 6.1.442 giving a decision
decision notice is given to the submitter. to change or cancel a condition of a
development approval.
(3) If a person withdraws a submission before
the application is decided, the person may not (2) The appeal must be started within 20
appeal the decision. business days after the day the notice of the
decision is given to the person.
(4) If an application involves both impact
assessment and code assessment, appeal rights
for submitters are available only for the part of the
application involving impact assessment.
Appeals by advice agency submitters
4.1.29.(1) An advice agency may, within the limits
of its jurisdiction, appeal to the court about the
giving of a development approval for a development
application if-
2
Section 6.1.44 (Conditions may be changed or cancelled by
1
Section 3.1.6 (Preliminary approval may override local planning assessment manager or concurrence agency in certain
instrument) circumstances)
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Noosa Council documents
Environment & Planning Committee Reports 13/01/06 - Ordinary Meeting 19/01/06 1
<. KABI ROAD (45 & 59), COOTHARABA – CHANGE TO CONDITION OF APPROVAL –
CLUBHOUSE OPENING HOURS – 12637 DA (HB)
REPORT BY: Planning Officer – Hannah Blue
FILE: 12637 DA (1998/981211)
APPLICANT: Rena Claire Merchant
OWNER: Rena Claire Merchant
SITE: 59 & 45 Kabi Road, Cootharaba described as Lot 394
on M371117 and Lot 7 on RP 216403, Parish of Noosa
AREA: 86.53 ha
DEVELOPMENT Integrated Permaculture, Designed Organic Orchard
APPROVAL: and Golf Course (18 holes)
REFERRAL AGENCIES: Environmental Protection Agency
Department of Natural Resources and Mines
Department of Primary Industries
Department of Main Roads
PROPOSAL: Change to Condition 47 – Clubhouse Operating Hours
DATE OF APPROVAL: 21 October 1999
ZONE: Rural Pursuits
FEES PAID: $685.00
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Noosa Council documents
Environment & Planning Committee Reports 13/01/06 - Ordinary Meeting 19/01/06 2
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1 PROPOSAL
On 21 October, 1999 Council approved a Permaculture Designed Organic Orchard and Golf
Course at the subject sites. Condition 47 of the Development Permit reads as follows:-
The clubhouse is limited to a size of 280m². Any further application for the granting of a Liquor
Licence should be limited in the hours of the licence to not later than 7pm Monday to Sunday, to
minimise the potential impacts on surrounding residences. The clubhouse is not permitted to
operate after 7pm daily.
The applicant now seeks an extension to the clubhouse operating hours from 7pm to 12 midnight,
Monday to Sunday. The applicant provided letters supporting the application from all of the owners
of land adjoining Kabi Road as highlighted on the map provided.
2 LAND USE ASSESSMENT
The applicant provided the following justification in support of an extension of clubhouse opening
hours until 12 midnight.
A number of the regular clientele to Kabi Farm Golf Course have expressed concern that their
ability to remain behind after a game of golf with family and/or friends to enjoy dinner is restricted
by the current hours of operation, hence the purpose of this application.
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Noosa Council documents
Environment & Planning Committee Reports 13/01/06 - Ordinary Meeting 19/01/06 3
It is not uncommon for golf club houses to include catering / dining facilities which are open to both
golfers and the general public, particularly with public golf courses. Many club houses contain a
commercial kitchen which enables dining facilities to function during the day and particularly of an
evening once golf activities have ceased.
During the assessment of the application, the applicant raised the possibility of holding functions
such as Christmas Parties and Melbourne Cup lunches within the clubhouse. They were advised
that the clubhouse does not have an approval as a Function Room and that they are not able to
utilise it for the expressed purposes. Instead, the clubhouse must only operate as an ancillary use
to the Golf Course. The applicant was also advised that if they would like to change the use of the
clubhouse, a separate impact assessable application would be required to be lodged with Council.
Taking into consideration the ancillary nature of the clubhouse, it is considered that a 12 midnight
closing time is excessive. As the latest time a round of golf may (on average) finish is 6pm, it is
considered not necessary to require the clubhouse to be open an additional 6 hours. However, in
response to the applicant’s justification, it is considered reasonable to allow for an extension of
opening hours until 10pm, to allow golfers to have a drink and dinner after a game.
A 10pm closing time was discussed with the applicant who agreed to the alternative closing time.
However they raised concerns that staff and cleaners would not be able to vacate the clubhouse
by this time. Therefore it was agreed that the amended condition would be worded as such to limit
customers between 7am and 10pm, and allow staff to remain behind after this time.
3 LAND DEVELOPMENT ASSESSMENT
Given there will be no increase in patronage as the clubhouse is an ancillary use to the golf course,
Land Development have no comment regarding the proposal.
4 REFERRAL AGENCY’S RESPONSES
The original proposal was referred to the Department of Environment & Heritage (Environmental
Protection Agency), Department of Primary Industries and Fisheries, Department of Natural
Resources and Department of Main Roads as Advice agencies. As a matter of courtesy a copy of
the current application was forwarded to these agencies.
All agencies have indicated that they have no objections to the proposal.
5 CONCLUSION
The applicant’s request to extend the operating hours of the clubhouse from 7pm to 12 midnight is
deemed excessive when taken into consideration that the clubhouse may only operate as an
ancillary use to the golf course and not for the purpose of a function room. However, the
applicant’s justification regarding golfers desire to remain after a game and have a meal is
regarded as reasonable, and therefore it is recommended that condition 47 of the original approval
be amended to reflect a 10pm closing time.
The proposal raises no significant planning, engineering and health concerns and is recommended
for approval subject to additional conditions.
RECOMMENDATION
With regard to 12637 DA (1998/981211) (Rena Claire Merchant) for a Request to Change an
Existing Approval at 59 & 45 Kabi Road, Cootharaba described as Lot 394 on M371117, Parish of
Noosa and Lot 7 on RP 216403, Parish of Noosa, Council approve the change, with:-
A. A change to Condition 47 to read as follows:-
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47. The clubhouse is limited to a size of 280m². Any future application for the granting of a
Liquor Licence should be limited in the hours of the licence to not later than 10pm
Monday to Sunday, to minimise the potential impacts on surrounding residences. The
clubhouse is not permitted to operate after 10pm daily and is not to be utilised as a
Function Room.
B. Issue a Compiled Decision Notice.
(Index: Application – 12637 DA (1998/981211) & Customer - Rena Claire Merchant (PO7))
Directorates/Sections Consulted:
Business Corporate Services X Community Services X Environ & Planning
Aquatic Centre Financial Services Art Gallery Building Services
Building Certific.Group Information Services Community Dev. Environmental Services
Child Care Centre Legal Services Events X Land Development
Council Laboratory Planning & Support X Environmental Health X Land Use
Leisure Centre Revenue Services Library Plumbing Services
Water & Sewerage Public Order & Safety Strategic Planning
Recreational Services
Respite Centre
Youth
Works Human Resources Exec. & Secretariat
Design Arts & Heritage Board
Works Administration Economic Board
Works Operations Environment Board
Works Planning Social Board
Tourism Board
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Print Date: 7 September 2021, 10:32 AM