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Cooroy Care Farm Town Planning Report - 4 - Report (003)
COOROY RESIDENTIAL AGED CARE FACILITY
Residential Care Facility (Dementia House and Palliative / Respite Care),
Chapel and Community Hall
Town Planning Report
PR139784
Cooroy Care Farm
Town Planning Report
v4
28 June 2019
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REPORT Document status Version Purpose of document Authored by Reviewed by Approved by Review date 1 Draft for Client Review Henry Kassay Chiara Towler Simon Pollock 9 May 2018 2 Final Chiara Towler Simon Pollock Simon Pollock 9 May 2018 3 Final – Plum Henry Kassay Chiara Towler Simon Pollock Approval for issue Simon Pollock 6 June 2019 This report was prepared by RPS within the terms of RPS’ engagement with its client and in direct response to a scope of services. This report is supplied for the sole and specific purpose for use by RPS’ client. The report does not account for any changes relating the subject matter of the report, or any legislative or regulatory changes that have occurred since the report was produced and that may affect the report. RPS does not accept any responsibility or liability for loss whatsoever to any third party caused by, related to or arising out of any use or reliance on the report. Prepared by: Prepared for: RPS Lutheran Services Henry Kassay Planner Level 4, HQ South PO Box 1535 520 Wickham Street Milton QLD 4064 Fortitude Valley QLD 4006 T +61 7 3539 9500 E [email protected] PR139784 | Town Planning Report | v4 | 28 June 2019 rpsgroup.com Page 1
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Contents
Summary ..................................................................................................................................................... 4
1 INTRODUCTION ................................................................................................................................ 5
2 SITE DETAILS ................................................................................................................................... 6
2.1 Site particulars ......................................................................................................................... 6
2.2 Planning context ....................................................................................................................... 9
2.3 Site characteristics ................................................................................................................. 11
2.4 Search Results ....................................................................................................................... 13
2.5 Surrounding land uses ........................................................................................................... 13
3 PRE-LODGEMENT HISTORY ......................................................................................................... 14
3.1 Local authority pre-lodgement meeting.................................................................................. 14
3.2 Referral agency prelodgement meeting ................................................................................. 14
4 PROPOSAL ..................................................................................................................................... 16
4.1 Overview ................................................................................................................................ 16
4.2 Rural Activities ....................................................................................................................... 16
4.3 Safety and Security ................................................................................................................ 17
4.4 Yield / gross floor area ........................................................................................................... 17
4.5 Built Form ............................................................................................................................... 18
4.6 Landscaping / open space ..................................................................................................... 18
4.7 Car parking ............................................................................................................................. 19
4.8 Access, egress, and parking .................................................................................................. 19
4.9 Civil Services .......................................................................................................................... 20
4.10 Stormwater management ....................................................................................................... 20
4.11 Flood immunity ....................................................................................................................... 21
4.12 Bushfire .................................................................................................................................. 21
4.13 Ecological Assessment .......................................................................................................... 21
5 KEY PLANNING ISSUES ................................................................................................................ 22
5.1 Land use................................................................................................................................. 22
5.2 Planning Regulation 2017 and Gross Floor Area .................................................................. 22
5.3 Emergency Access ................................................................................................................ 23
5.4 Significant Native Vegetation ................................................................................................. 23
5.5 Adjoining Owners / Proximity to Bruce Highway .................................................................... 23
6 LEGISLATIVE REQUIREMENTS .................................................................................................... 25
6.1 Assessment manager ............................................................................................................ 25
6.2 Categories of assessment...................................................................................................... 25
6.3 Referrals ................................................................................................................................. 25
6.4 Public notification ................................................................................................................... 25
7 STATUTORY PLANNING ASSESSMENT ...................................................................................... 26
7.1 Overview ................................................................................................................................ 26
7.2 State and regional assessment benchmarks ......................................................................... 26
7.2.1 Regional Plan............................................................................................................ 26
7.2.2 State Planning Policy ................................................................................................ 28
7.2.3 State Development Assessment Provisions ............................................................. 28
7.3 Local authority assessment benchmarks ............................................................................... 29
7.3.1 Strategic framework .................................................................................................. 29
7.3.2 Zone .......................................................................................................................... 29
7.3.3 Locality ...................................................................................................................... 29
7.3.4 Overlays .................................................................................................................... 30
7.3.5 Codes........................................................................................................................ 30
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REPORT 8 CONCLUSION ................................................................................................................................. 31 Tables Table 1: Summary ........................................................................................................................................ 4 Table 2: Site particulars ................................................................................................................................ 6 Table 3: Planning context ............................................................................................................................. 9 Table 4: Site characteristics ....................................................................................................................... 11 Table 5: Searches....................................................................................................................................... 13 Table 6: Surrounding uses ......................................................................................................................... 13 Table 8: Council prelodgement meeting outcomes .................................................................................... 14 Table 9: Referral agency prelodgement meeting outcomes....................................................................... 15 Table 10: Development Summary .............................................................................................................. 17 Table 11: Development Statistics ............................................................................................................... 18 Table 12: Car Parking Statistics ................................................................................................................. 19 Table 13: Categories of assessment .......................................................................................................... 25 Table 14: Schedule 10 Referral Matters ..................................................................................................... 25 Table 15: Regional Plan Response ............................................................................................................ 26 Table 17: Planning scheme code responses ............................................................................................. 30 Figures Figure 1 Site Location ............................................................................................................................ 7 Figure 2 Site Location ............................................................................................................................ 8 Figure 3 Zoning .................................................................................................................................... 10 Figure 4 Aerial ...................................................................................................................................... 12 Figure 5 Proposal Plans Excerpts ........................................................................................................ 18 Figure 6 Landscape Plan Excerpt ........................................................................................................ 19 Figure 7 Proposed Site Access ............................................................................................................ 20 Figure 8 Development Footprint and Regulated Vegetation ................................................................ 23 Figure 9 Existing View From Bruce Highway ....................................................................................... 24 Appendices Appendix A DA Form 1 and Owner’s Consent Appendix B Searches Appendix C Prelodgement Meeting Minutes Appendix D Proposal Plans Appendix E Landscape Plans Appendix F Site Access Advice Appendix G Stormwater Management Report Appendix H Economic Assessment Appendix I Bushfire Hazard Report Appendix J Water Supply and Wastewater Servicing Report Appendix K Hydraulic and Wet Fire Services Report Appendix L Electrical Services Report Appendix M Ecology Report Appendix N Fee Confirmation Appendix O SDAP Code Responses Appendix P SEQRP Assessment Appendix Q Planning Scheme Code Responses PR139784 | Town Planning Report | v4 | 28 June 2019 rpsgroup.com Page 3
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SUMMARY
Table 1: Summary
Details
Site Address: 521 Elm Street and 10-22 Rose Gum Road, Black Mountain QLD 4563
Real Property Description: Lots 1 and 2 on RP862537 and Lot 3 on SP235191
Site Area: 24.152ha
Regional Plan Land Use Designation: Regional Landscape and Rural Production Area
Zone/Precinct: Rural and Rural Settlement
Locality: Cooroy and Lake Macdonald
Owner(s): Lutheran Church of Australia Queensland District
Proposal
Brief Description/ Purpose of Proposal Residential Care Facility (Dementia House and Palliative / Respite Care),
Chapel and Community Hall
Application Details
Aspect of Development Preliminary approval Development permit
Material change of use
Assessment Category Code Impact
Public Notification No Yes: 15 BD
Superseded Planning Scheme No Yes
Application
Referral Agencies
Agency Concurrence Advice Pre-lodgement response
Department of State Development, Yes No
Manufacturing, Infrastructure and
Planning
Pre-lodgement / Consultation
Entity Date Contact Name
Council DA Team Yes No 12 April 2018 Lisa Pienaar / Kerry Coyle
20 March 2019
Department of State Development, Yes No 12 April 2018 Garth Nolan / Celeste Bownds
Infrastructure, Manufacturing and
Planning
Other
Applicant contact person Chiara Towler Simon Pollock
Senior Planner Technical Director – Planning
D: +61 7 3539 9557 D: +61 7 3539 9738
E: [email protected] E: [email protected]
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1 INTRODUCTION
RPS has been engaged by Lutheran Services to seek development approval to establish the ‘Cooroy Care
Farm’ which comprises a residential care facility (dementia house, and respite / palliative care), chapel and
community hall on land at Rose Gum Road, Cooroy. The subject site is more properly described as Lots 1
and 2 on RP862537 and Lot 3 on SP235191, and has an area of 24.152ha.
This development application formally seeks:
• Development Permit for a Material Change of Use for Multiple Housing Type 3 – Retirement and
special needs, Wellbeing Type 3 – Worship, and Wellbeing Type 2 – Social.
The proposal involves:
• An innovative style of aged care tailored specifically to the accommodation of dementia residents by
embracing rural elements of living; and
• A community hall and chapel available for use by both residents and the general public.
The proposal is a dementia care residence with the intention of implementing an alternative dementia-care
model that is supported by the findings of modern dementia research. Recent studies have found that a
focus on enabling dementia residents to lead a normal everyday life in a familiar ‘home’ environment with a
qualified support and care team has various mental health benefits for people living with dementia. Hence
the proposal includes ‘dementia houses’ with a chapel and community hall (to be publicly accessible) on the
subject site. An aviary, kitchen and flower gardens, animal yards, horse stable, chicken pen, some cattle and
a fire pit are also provided for the residents’ enjoyment and to maintain the ‘rural’ character of the site.
The land is located in the Regional Landscape and Rural Production Area (RLRPA) of the South East
Queensland Regional Plan 2017(SEQRP) and therefore must comply with a Gross Floor Area cap of
5,000m², to ensure the proposal is not prohibited development under the Planning Regulation 2017 (the
Regulation). The proposal is, however, assessable development under the Regulation, and will require
referral to the Department of State Development, Manufacturing, Infrastructure and Planning (DSDMIP). A
prelodgement meeting with DSDMIP was arranged for the purposes of discussing the suitability of the
proposal in terms of the SEQRP. The key outcomes of this meeting are detailed further in the report.
Under the Noosa Plan 2006 (the planning scheme), the subject site has dual zoning of ‘Rural’ and ‘Rural
Settlement’. The subject site is also within the Cooroy and Lake Macdonald locality of the planning scheme.
The proposal is subject to Impact assessment.
It is considered that because of the benefit a facility of this nature could provide to dementia-affected aged
persons, combined with a significant gap in supply of aged care facilities with rural living elements, the
proposal is an appropriate use of the land. Further, the proposal is located within close proximity to services
with the Cooroy town centre less than six kilometres from the site.
The proposal is considered to largely comply with the planning scheme as the rural setting is a core
component of the proposal as the innovative style of aged care depends on it to succeed. Therefore, the
proposal seeks to embrace the elements of rural living and does not propose to transform the site into an
‘urban village’ or anything else that is not fitting with the locality or the zoning.
From a planning perspective, the site is well-connected for land in a rural setting as it is proximate to the
Bruce Highway. Furthermore, the design of the facility is responsive to the site’s constraints and hazards, as
well as the rural setting of the locality.
This report provides greater detail on the nature of the proposal and provides an assessment of the proposal
against the intents and code requirements of relevant statutory planning documents. Technical issues
associated with the proposal are addressed in appended technical reports. Based on these assessments
the proposal is recommended for approval subject to reasonable and relevant conditions.
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REPORT 2 SITE DETAILS 2.1 Site particulars Key details of the subject site are as follows: Table 2: Site particulars Site Particulars Site Address 521 Elm Street and 10-22 Rose Gum Road, Black Mountain QLD 4563 Real Property Description Lot 1 on RP862537, Lot 2 on RP862537, and Lot 3 on SP235191 Site Area 24.152ha Land Owner(s) Lutheran Church of Australia Queensland District The site location and its extent are shown in Figure 1 and Figure 2 below respectively. Certificate/s of title confirming site ownership details are included at Appendix B. PR139784 | Town Planning Report | v4 | 28 June 2019 rpsgroup.com Page 6
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Figure 1 Site Location
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Figure 2 Cadastral Plan
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2.2 Planning context
The planning context of the site includes the following:
Table 3: Planning context
Instrument Designation
South East Queensland Regional Plan 2017
Regional Plan designation Regional Landscape and Rural Production Area
Noosa Plan 2006
Zoning ‘Rural’ and ‘Rural Settlement’
Locality Cooroy and Lake Macdonald
Overlays Biodiversity Overlay
• Watercourses and Drainage Lines
• Riparian Buffer Area
• Environmental Enhancement Area
• Environmental Protection Area
Natural Hazards Overlay
• Very High Potential Bushfire Intensity
• High Potential Bushfire Intensity
• Medium Potential Bushfire Intensity
• Potential Impact Buffer
Koala Habitat Areas Overlay
• Habitat Regrowth
• Remnant Habitat
Zoning of the subject site and surrounding lands is shown on Figure 3.
Other relevant mapping, including overlays, regional plan and state interests is provided at Appendix B.
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Figure 3 Zoning
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approximate and subject to relevant studies, survey,
engineering and Council approval.
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Cadastral: Department of Natural Resources,
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2.3 Site characteristics
Site inspection and searches of local and state government records indicate that key site characteristics
include:
Table 4: Site characteristics
Site Features Details
Existing use of site The site is currently improved by three rural residential dwelling houses (one
house on each lot).
Topography The site is generally steep with grades mostly between 10-15%. The site is
partially located at the crest of the road and falls to the creek/gully at the rear of
the properties. The highest point of the site is 126m AHD, and falls away to 111m
AHD at the back of the site. There is an existing dam with an overflow spill point in
the centre of the site and a further minor gully in the south-eastern corner.
Vegetation Council
The site has significant vegetation as mapped under the Biodiversity Areas
Overlay and Koala Habitat Areas Overlay.
State
The site contains Category B and Category R regulated vegetation. Removal or
interference with this vegetation is not proposed.
Road Frontages and Length Total road frontage across all sites of approximately 560 metres
Services Services currently available on-site are limited because of the rural setting.
Refer to Appendix J - Water Supply and Wastewater Servicing Report.
Waterways The site contains a waterway as mapped by Council and the State government.
Heritage Values The site:
• Is not a local or state heritage place; and
• Does not adjoin a local or state heritage place.
Aerial photograph / site photographs of the site and its context are shown in Figure 4 below.
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Figure 4 Aerial
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2.4 Search Results
The following searches of local and state records have been undertaken.
Table 5: Searches
Search materials Details
DA Mapping System • SEQ Regional Plan land use categories
• Queensland waterways for waterway barrier works
• Water resource planning area boundaries
• Regulated vegetation management map (Category A and B extract)
• State-controlled road
• Area within 25m of a State-controlled road
Contaminated land register The site is not listed on the Contaminated Management Register or Environmental
Management Register.
Regional ecosystems Category C and Category R vegetation is present on the site.
Copies of search results are included at Appendix B.
2.5 Surrounding land uses
Immediately surrounding land uses comprise the following.
Table 6: Surrounding uses
Direction Commentary
North Rose Gum Road and Elm Streets, the North Coast Rail Line, and dense
vegetation.
East Yurol State Forest.
South The Bruce Highway, with rural residential development further south of the
Highway.
West Rural Settlement zoned lots containing residential dwellings.
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3 PRE-LODGEMENT HISTORY
3.1 Local authority pre-lodgement meeting
3.1.1 2018 Meeting
A pre-lodgement meeting with Noosa Shire Council was held on 12 April 2018. A summary of the key items
discussed, and how the proposal responds is outlined below.
Table 7: Council prelodgement meeting outcomes
Issues discussed Outcome / response
Noise attenuation from Bruce Highway All habitable components of the proposal are located at
least 300m from the Bruce Highway. The proposal is also
retaining vegetation which will assist in the diffusion of
noise travelling from the Bruce Highway.
Siting of buildings should be situated with the landscape The development has been designed to be sensitive to
as much as possible because of the site’s prominence rural design elements and will not be visible from the Bruce
from the Bruce Highway. Building design is important and Highway. The height and thickness of the vegetation
should consider the character of the area, use a mix of combined with the low-rise building form will not result in
materials in muted tones and use materials that are visual impacts.
lightweight and blend with the environment.
Access to the site at all times for emergency vehicles The connection from the subject site to the west towards
needs to be demonstrated, particularly during major flood the Bruce Highway was recently upgraded by the State
events. development.
It has been confirmed that emergency access can be
gained via this upgraded section during flood events. Refer
to Stormwater Management Report – Appendix G.
Development should be outside the riparian buffer area. The development footprint is entirely outside of the riparian
Placement of buildings should consider the retention of buffer area. Building footprints have also been designed to
existing mature vegetation as much as possible. minimise the amount of clearing required.
A report detailing water and sewer provision to the site Refer to Water Supply and Wastewater Servicing
needs to be submitted with any application, along with a Report – Appendix J to confirm appropriate water and
stormwater management plan. sewer provision can be accommodated on site.
The Stormwater Management Plan – Appendix G
details the stormwater strategy for the proposal.
3.1.2 2019 Meeting
Following the release of the New Noosa Plan for public consultation, a follow-up prelodgement meeting was
held with Council on 20 March 2019 to discuss the implications of the New Noosa Plan on the proposed
development. Key outcomes of the meeting are summarised as follows:
• The change in zoning from two of the parcels from Rural Settlement to Rural was intended to
discourage further subdivision of the site; and
• Council acknowledge that the wording regarding rural settlement zone intent in the current scheme is
more lenient than the rural zone intent in the proposed scheme, however, they indicated that this
would not drastically impact on their assessment of the proposal and acknowledged that a RAC is
impact assessable and an inconsistent use regardless of the distinctions between the zones.
• The draft Noosa Plan identifies the Agricultural Conservation Land overlay relating to the land. The
viability of the land for agricultural values needs to be addressed as part of the application.
• RPS confirmed that the site is capable of new constructed access above Q100.
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REPORT 3.2 Referral agency prelodgement meeting A pre-lodgement meeting with the Department of State Development, Manufacturing, Infrastructure and Planning was held on 12 April 2018. A summary of the key items discussed, and how the proposal responds is outlined below. Table 8: Referral agency prelodgement meeting outcomes Issues discussed Outcome / Response Regional landscape and rural production area (RLRPA) The proposal has since been revised to ensure all uses designation under ShapingSEQ, and the repercussions of accumulate to less than 5,000m2 in gross floor area (GFA). this on the Gross Floor Area of the aged care facility, chapel and community hall. The internal connection road and driveway must be The internal connection road and driveway are located located within the property boundary. They must not be within the property boundary, refer to Proposal Plans – located within the road reserve. Appendix D. Sight lines for access must consider 100 km/h speed limit Sight lines are demonstrated within the Site Access Advice on the state-controlled road, and the crest near the – Appendix F. railway. Screening / fencing along the site boundary will be The level difference between the sites and Elm Street will required to ensure the development does not create a ensure headlights from cars within the development do not safety hazard from vehicle headlights. This may be impact on the safety of the public road. As such, extensive achieved by establishing a dense landscape buffer. screening / fencing is not proposed along this boundary. Traffic generation for community uses must be considered The traffic generation for the community hall and chapel separate to the aged care facility. have been considered below in Section 4.7. The traffic impact assessment will determine the required Refer to Site Access Advice – Appendix F. turn treatments and deceleration lane requirements for access to the development. The development application must demonstrate that the Refer to Stormwater Management Plan – Appendix G development will not worsen stormwater, flooding or which demonstrates no worsening to nearby State drainage impacts on the state-controlled road or the transport corridors. railway. A noise report will be required to demonstrate that the All habitable components of the proposal are located at development will achieve compliance with the relevant least 300m from the Bruce Highway. The proposal is also noise criteria given the proximity to the railway and state- retaining vegetation which will assist in the diffusion of controlled road. noise travelling from the Bruce Highway. Development will trigger referral if it interferes with the The proposal will not interfere with the watercourse on site. identified watercourse on-site. Location of infrastructure in relation to category B The Proposal Plans – Appendix D demonstrate the vegetation is unclear. proximity of the proposal to the Category B vegetation. To avoid referral, all proposed infrastructure must be The proposal complies and does not require referral for located within a Category X area and setback from the vegetation clearing. nearest category B area by appropriate firebreak and safety buffer distance. Roads must be setback at least 10 metres from the nearest category B area. Prior to submitting the application, written confirmation No clearing of protected native vegetation is occurring. from DNRME must be obtained that the proposed development is for a relevant purpose under section 22A of the Vegetation Management Act 1999. PR139784 | Town Planning Report | v4 | 28 June 2019 rpsgroup.com Page 15
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4 PROPOSAL
4.1 Overview
The proposal involves the development of a 52 bed care facility on the western portion of the site and
dementia ‘homes’ to the east with surrounding centralised administrative and operational facilities. Both the
chapel and community hall are located centrally on the site.
The site has been strategically picked in order to implement an innovative style of dementia care in a rural
setting based on the findings of modern dementia research. The utilisation of a home-like environment is
recommended, and therefore provision of care in a rural environment is beneficial to the mental health of
dementia-affected persons. The chapel and community hall are intended to be utilised by the residents of the
care facility, to mimic a normal day-to-day life for residents, but will also be open to the public in order to
encourage community integration and interaction with the facility.
The rural setting is critical to the implementation of the principles behind the new method of dementia care
for the following reasons:
• The opportunity to establish continuous contact with other people, animals and nature is critical for
the success of the model.
• The rural environment provides the opportunity to host farmyard animals that are unsuitable in an
urban setting, and the area is relatively undeveloped and hosts native vegetation.
• Growing fruits and vegetables is also ideal given the availability of land.
• Producing a less institutionalised environment.
• Encourage residents to interact in more home-based activities (i.e. setting the table, garnishing
meals).
For the reasons listed, the site and its rural nature are fundamental to the proposal, and because of this, the
proposed development will retain the rural setting of the locality.
The inclusion of the chapel and community hall which are to be made available for public use also help
achieve the recommendations of mental health experts in establishing continuous contact with people.
These uses seek to connect the aged care facility with the broader community and establish positive
relationships inclusive of all community members.
In addition to the innovative dementia care the proposal will provide, the residential aged care facility will also
include respite and palliative care.
It is proposed that where the development cannot be connected to Council infrastructure, services will be
provided on site. The services will have sufficient capacity in order to effectively provide the development
with all necessary infrastructure during day-to-day operations as well as in the event of an emergency or
disaster, such as a bushfire which would require significant volumes of water to control.
Architectural proposal plans are included at Appendix D. The proposal plans also indicate a potential nature
study centre on the western edge of the site. This will be subject to future applications and does not form
part of this application.
The detail of the proposal is discussed further below.
4.2 Rural Activities
As outlined in the overview above, the findings and recommendations of studies on persons living with
dementia advocate for various activities to be conducted which are only available in a rural setting. These
activities resemble hobby-farm activities typically carried out on rural land, and include agricultural activities
and caring for farm animals on-site. The total area of land proposed to be used for these activities is
approximately 600m².
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REPORT Through the inclusion of hobby-farm activities as well as solar panels and other on-site infrastructure, the facility seeks to resemble an ‘off-the-grid’ self-sustaining development. While not a completely self-reliant development, the elements that the facility have integrated push the development towards achieving a level of sustainability that is not typically seen in developments throughout South-East Queensland. Given that the community hall is intended to be available for use from the general public, this could potentially transition into the community being able to see how the rural elements of the development operate. Specifically, the hobby-farm activities could provide an educational opportunity for children in an atypical environment. However, Council have indicated in prelodgement discussions that they are hesitant to support functions on the land, and therefore this is likely to only occur once appropriate discussions have been made. 4.3 Safety and Security Ensuring the safety and security of any future residents of the facility is noted as an important consideration. Particularly, ensuring residents do not walk off-site and get lost will be paramount because of the site’s rural setting. As such, the development will be appropriately fenced to ensure that residents cannot accidentally walk off the site. Measures will also be in place to ensure residents follow designated roads and footpaths and are not at risk of falling off-track down the site’s natural slope. To complement physical measures of ensuring the safety and security of residents, all residents will be under constant surveillance when they are engaging in outdoor activities. 4.4 Yield / gross floor area The gross floor area breakdown of the proposal is provided below: Table 9: Development Summary Aspect Yield / GFA Residential Aged Care Facility Dementia 1377.6m² Respite Care 688.8m² Day Respite 492.01m² Palliative Care 1367.4m² Central Services 328.99m² Total 3566m² Community Facilities Chapel 275.84m2 Community Hall 272.14m2 Existing Residence 193.84m² Total 741.82m² Combined Total 4996.62m² PR139784 | Town Planning Report | v4 | 28 June 2019 rpsgroup.com Page 17
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4.5 Built Form
Key development statistics include:
Table 10: Development Statistics
Aspect Proposal
Building height Two storeys
Setbacks
Front 10m+
Side 60m+
Rear 120m+
The development will promote a built form and architectural character that is akin to a style typically found in
a rural setting, incorporating modest rural design elements and a dispersed building footprint separated by
landscaped areas. The layout of the development also breaks up the buildings to provide residential
buildings at a discrete scale to avoid an overbearing built form.
Figure 5 provides an example of the building design style proposed. The style of the development seeks to
maintain a low-density, traditional rural form for the purpose of facilitating the implementation of the
recommendations of leading dementia research. This is achieved through large eaves and verandas, as well
as traditional pitched roof forms. The slope of the site also facilitates a high-set house appearance, which
also contributes to the rural house character. Attention to rural character was also paid in the form of building
finishes; which include colour bond rooves and various elements based off the built form found in the locality.
Figure 5 Proposal Plans Excerpts
The development’s footprint has been sited to be sensitive to road setbacks, adjoining owners and existing
vegetation for the purpose of minimising noise impacts, protecting privacy and minimising the extent of
vegetation clearing required.
4.6 Landscaping / open space
Extensive allowance has been made within the site layout to ensure the proposed built form is provided in a
well landscaped setting that maintains a rural essence. Substantial landscape zones are proposed around
the buildings, including provision for shade tree planting to walkways and throughout the car parking area.
An excerpt from the landscape proposal plans are shown in Figure 6 below.
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Figure 6 Landscape Plan Excerpt
The landscaping design attempts to further emphasise the break up of the built form to ensure the site’s
vegetation prevails over proposed buildings, akin to a rural setting.
Landscape concept plans are included at Appendix E.
4.7 Car parking
Car parking provision is proposed substantially in compliance with City Plan 2014 rates, as follows.
Table 11: Car Parking Statistics
Aspect Requirement
Multiple Housing – Type 3 Retirement & Special Needs
52 beds (at 1 space per 4 beds): 13
Emergency Vehicle Space 1
Multiple Housing - Total 14
Wellbeing – Type 3 Worship
1 space per 10 persons, or part thereof, capable of being seated. 7
Wellbeing – Type 2 Social
1 Space per 20m² of Use Area 272.14m²) 14
Total Requirement – All Uses 35
Total Provided 53
The development proposes a total of 53 car spaces, including dedicated disabled parking and emergency
vehicle spaces. Therefore, the proposal complies with the requirements specified in the planning scheme.
4.8 Access, egress, and parking
The site provides three access points (See Figure 7 below) with the primary access located off Elm Street,
and two secondary access points located off Rose Gum Road. A Site Access Advice letter (Appendix F) has
been prepared by Pekol Traffic & Transport which confirms the suitability of the proposed access from Elm
Street considering it is a State-controlled road with an 80 km/h speed limit.
The development will be appropriately signed along access roads to ensure the site’s access points are
easily identifiable. A perimeter road design as well as additional internal roads ensures all parts of the
proposed development are accessible.
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The proposal provides a total of 53 car spaces to be located in three car parking areas throughout the site.
By separating the car parking, Lutheran Services can reduce the dominance of a large carpark to provide
parking in close proximity to the staff upstairs of each component of the development. As demonstrated
above, the provision of parking spaces far exceeds the minimum requirements under the Noosa Plan 2006.
Figure 7 Proposed Site Access
4.9 Civil Services
Hydraulic and Electrical Services reports have been carried out for the proposed development and detail
how the development will be serviced. The reports outline that there are no envisaged risks relating to
electrical upgrades to accommodate the development, and detail the operation of the sewer and water
services for the development.
The Hydraulic and Wet Fire Services Report prepared by Hydraulics Pty Ltd is included at Appendix K.
The Electrical Services Report prepared by Ashburner Francis is included at Appendix L.
4.10 Stormwater management
A Stormwater Management Report has been prepared by Bligh Tanner and is included at Appendix G. The
report outlines the stormwater quantity and quality strategies of the proposed development. It confirms the
creek will provide a lawful point of discharge and water quality objectives will be satisfied. The report also
provides an erosion and sediment control strategy, overland flow from the dam, and site access during a
flood event from the Bruce Highway. The report confirms the site has safe access from the Bruce Highway in
all rainfall events up to the 1% AEP, and identifies a legal point of discharge for the site.
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5 KEY PLANNING ISSUES
5.1 Land use
The zone-specific overall outcomes for the Cooroy & Lake Macdonald Locality are as follows:
qq) For the Rural Settlement Zone—detached housing on large lots—
i is the dominant building form, to the general exclusion of other uses;
ii incorporates designs that respond to, and are integrated with site characteristics
including slope and vegetation;
iii contributes to the rural or semi-rural character and amenity of the area;
iv may be located in close proximity to working farms or other rural industries; and
v offers a relaxed rural lifestyle for residents;
rr) For the Rural Zone—rural land is protected and appropriately managed such that:-
i Agriculture and habitat protection are the dominant land uses;
ii the scenic and environmental values, the distinct rural amenity and agricultural
productivity of the locality are preserved and are not adversely impacted as a
consequence of development on or adjacent to that land; and
iii locally appropriate enterprises such as bed and breakfast accommodation,
farmstays, cabins, camping grounds, roadside stalls and home based businesses
enhance the economic sustainability of the hinterland.
The proposal involves a residential aged care facility (palliative/dementia care), community hall and chapel,
and it is acknowledged that a traditional residential care facility would not be located in the rural and rural
settlement zones. The ability to locate this development in a rural environment is fundamental to the format
in which the dementia care is provided. Similarly, the applicant recognises the importance to maintain rural
activities on the site to satisfy the intent of the zone.
Furthermore, the residential care facility has been designed to reflect rural housing. Inclusion of rural living
elements, such as hobby farm activities, also helps achieve the rural settlement zone intent.
The rural zone intention primarily involves the protection of land for agriculture and habitat protection, and
allows locally appropriate enterprises where they enhance the economic sustainability of the hinterland. The
proposal is not explicitly for agriculture, but has hobby-farm agricultural elements.
The development footprint has been designed in order to minimise the clearing of vegetation, and is located
outside of riparian buffer areas. Furthermore, the development will not result in a loss of scenic and rural
amenity, given the rural-style of the aged care facility is a core component of its functionality because of the
dementia care model that is seeking to be implemented.
5.2 Planning Regulation 2017 and Gross Floor Area
Schedule 10, Division 3, Subdivision 1, s25 of the Planning Regulation 2017 states the following:
A material change of use of premises for a residential care facility is prohibited development if—
(a) all or part of the premises are in—
i. the SEQ regional landscape and rural production area; or
ii. the SEQ rural living area; and
(b) the use results in a gross floor area of more than 5,000m2 on the premises; and
(c) the material change of use is not excluded development.
As the proposal is for a residential aged care facility in the SEQ Regional Landscape and Rural Production
area, the development must comply with this section of the Regulation otherwise an application could not
have been lodged.
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The application also includes a chapel and community hall, so confirmation was sought with DSDMIP as to
whether or not these uses would be included in the 5000m² GFA development cap. In the prelodgement
meeting with the State Government, it was advised that unless it could be proved that the chapel and
community hall were functionally independent and not ancillary to the residential care facility use, they would
be included in the 5000m² cap. As the chapel and community hall are intended to be used primarily by the
residential care facility, the total GFA of the development is 4996.62m², and the development is
subsequently compliant with the Planning Regulation 2017 and is not prohibited development.
5.3 Emergency Access
Specific Outcome 14 of the Cooroy & Lake Macdonald Locality Code states:
Buildings and other works are designed and sited to—
a) provide flood free access to premises and flood free habitable areas
It was specifically mentioned in the Council prelodgement meeting that the proposal needs to demonstrate
adequate access for emergency service vehicles during flood events, as per O14 of the Cooroy & Lake
Macdonald Locality Code. The Stormwater Management Report prepared by Bligh Tanner provided in
Appendix G confirms that the site’s access to the Bruce Highway can be maintained in the event of a flood.
5.4 Significant Native Vegetation
The site contains Category B and Category R State vegetation. The development footprint has been
specifically located to be outside of these areas. See Figure 8 which demonstrates the development
footprint in relation to the vegetation mapping. The proposal does not require clearing of Category B and R
vegetation.
Figure 8 Development Footprint and Regulated Vegetation
5.5 Adjoining Owners / Proximity to Bruce Highway
Noosa Shire Council raised concerns regarding the proposal’s impact on amenity to the adjoining lot to the
west. Sightlines from the Bruce Highway were also discussed during the prelodgement meeting, and it was
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requested that the proposal demonstrate that it is not easily visible from the Bruce Highway. Below depict the
existing sightlines from the Bruce Highway and the neighbouring lot, which demonstrate that:
• The sight is not able to be viewed from the Bruce Highway as all visible vegetation seen in Figure 9
below is proposed to be retained; and
• The setbacks from the neighbouring lot are appropriate and do not impact on the rural amenity of
the property.
Figure 9 Existing View From Bruce Highway
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6 LEGISLATIVE REQUIREMENTS
6.1 Assessment manager
In accordance with Schedule 8 of the Planning Regulation 2017, the assessment manager for this
application is Noosa Shire Council.
6.2 Categories of assessment
The table below summarises the categorising instruments and categories of assessment applicable to this
application.
Table 12: Categories of assessment
Aspect of development Categorising instrument Category of assessment
Development Permit for a Material Change of Use for a Noosa Plan 2006 Impact
Multiple Housing Type 3, Wellbeing Type 2, and
Wellbeing Type 3.
Material change of use for a residential care facility if Planning Regulation 2017 Impact
all or part of the premises are in the SEQ regional
landscape and rural production area and the use
results in a gross floor area of not more than 5,000m²
on the premises.
6.3 Referrals
In accordance with Schedule 10 of the Planning Regulation 2017, the follow referrals apply.
Table 13: Schedule 10 Referral Matters
Part Division Subdivision Table Referral trigger Referral
agency
Part 9 – Division 4 – State Subdivision 2 – Table 4 – Material Part of the The Chief
Infrastructure- transport State transport change of use premises is within Executive
related referrals infrastructure corridors and near a State 25m of a State (SARA)
future State transport corridor transport corridor
transport corridors
Part 16 – SEQ Division 3 – Subdivision 4 – Table 1 – Development The Chief
regional Community Referral agency’s Assessable application for a Executive (SARA)
landscape and activity assessment development material change of
rural production under s 26 or 27 use of premises
area and SEQ that is assessable
rural living area development
under s 26 and 27
6.4 Public notification
This application requires public notification for a period of 15 business days as it is subject to Impact
assessment.
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7 STATUTORY PLANNING ASSESSMENT
7.1 Overview
This section assesses the application against relevant assessment benchmarks.
As the application is subject to impact assessment, the assessment benchmarks, and the matters the
assessment manager must have regard to, are those identified in Section 45(5) of the Planning Act 2016 and
Part 4 Sections 30 and 31 of the Planning Regulation 2017.
As Noosa Shire Council is the assessment the relevant local authority categorising instrument is the Noosa
Plan 2006.
7.2 State and regional assessment benchmarks
7.2.1 Regional Plan
Part 4, Section 30(2)(a)(i) of the Planning Regulation 2017 requires that the impact assessment of this
application must be carried out against the assessment benchmarks stated in the regional plan, to the extent
the regional plan is not identified in the planning scheme as having been appropriately integrated.
The proposal triggers referral to SARA because of the proposed development’s location in the Regional
Landscape and Rural Production Area. The matters that the referral agency’s assessment must be against
and a response to each matter is below:
Table 14: Regional Plan Response
SEQ Regional Plan Assessment
(a) There is a community and economic need for the use
Response
The proposal provides an innovative model of aged care dependent on the site’s location and characteristics and
is therefore considered to provide community value and fill an economic niche.
It is recognised that there are existing residential care facilities within the township of Cooroy and towards
Tewantin and Noosa. However, these are based around the typical model of aged care. There are no facilities
within close proximity to the site, which offer a different or rural model of care.
A gap analysis has been included as a component of an economic needs assessment included in Appendix H
which demonstrates that there is demand for dementia and respite care in the catchment area of the subject site.
(b) When the use starts—
(i) the premises will have direct access to transport infrastructure that is reasonably required for, and adequate to
service, the use; and
Response
The site is proximate to the Bruce Highway and Elm Street which is adequate for the use as it allows for all
necessary services to effectively access the site.
(ii) the premises will be serviced by infrastructure (including, for example, infrastructure for electricity, stormwater,
water supply and the treatment and disposal of waste) that is adequate for the use; and
Response
Adequate infrastructure will be supplied on-site where Council’s infrastructure cannot be connected to.
See Appendix J and Appendix K for Hydraulic and Electrical servicing reports.
(iii) a workforce suitable for the carrying out of the use will be able to be sourced from the surrounding area
Response
The proposal is of a scale that will allow for a workforce to be sourced from Cooroy and other neighbouring areas.
(c) The provision of the infrastructure mentioned in paragraph (b)(i) and (ii) is practical and economically feasible
having regard to the location and characteristics of the premises
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Response
Where not practical to connect the development to Council’s infrastructure, infrastructure will be provided on-site.
See Appendix J and Appendix K for Hydraulic and Electrical servicing reports.
(d) The use is compatible with the physical characteristics of the premises
Response
The use is compatible with the characteristics of the premises, and any site constraints have been considered in
the design of the development including offset to native vegetation, and siting of buildings within the natural slope
of the site.
(e) The use is compatible with the use of other premises in the surrounding area
Response
Because the rural setting of the development is paramount to its function, the rural setting is to be retained and
the use will therefore be compatible with surrounding premises as:
• Large setbacks to neighbouring houses are to be provided
• The proposal will remain residential in nature
• Built form is to be comprised of a series of buildings to maintain a detached residential scale
(f) The material change of use avoids adversely impacting on a matter or thing stated in the SEQ regional plan,
table 11b or, if the adverse impact can not be avoided, the adverse impact is minimised
Response
The development does not involve adversely impacting on any matter stated in Table 11b of the SEQ Regional
Plan.
(g) The material change of use avoids an area that involves a risk of serious harm to persons or property from
natural events or processes, including, for example, bush fires, coastal erosion, flooding or landslides
Response
See below.
(h) If the material change of use can not avoid an area mentioned in paragraph (g), the material change of use
minimises the risk of serious harm mentioned in that paragraph
Response
The proposal implements measures to minimise the risk of bushfire harm to occupants of the facility. The
development footprint is also within a predominately low bushfire hazard area as identified in the Bushfire Hazard
Report included in Appendix I.
(i) The material change of use does not involve residential development
Response
While the material change of use is for a residential care facility, the proposal complies with the GFA cap as
specified under the regulation.
(j) Any commercial, industrial or retail activity carried out as part of the use is ancillary to the use
Response
No commercial, industrial or retail activities are proposed.
(k) The material change of use is consistent with the SEQ regional plan, including the goals, elements and
strategies stated in the plan
Response
The proposal is consistent with the SEQ Regional Plan. See assessment located in Appendix P.
(l) If the material change of use is for a residential care facility—the locational requirements or environmental
impacts of the material change of use require it to be outside the SEQ urban footprint
Response
As specified in the proposal section, the rural setting of the site is fundamental to the implementation of the aged
care model. A rural allotment of this size cannot feasibly be found within the urban footprint.
Section 41A of the Planning Regulation 2017 also sets out matters for deciding whether development is required to be
outside the SEQ urban footprint:
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SEQ Regional Plan Assessment
(2) The referral agency may decide the locational requirements or environmental impacts of the development
require it to be outside the SEQ urban footprint only if—
(a) the premises have particular characteristics that are necessary for the carrying out of the development; and
Response
The rural nature of the premises is necessary for the carrying out of the desired aged care model, as outlined in
the proposal section.
(b) the development could not reasonably be located on premises in the SEQ urban footprint that have the
particular characteristics.
Response
The proposal requires a rural setting for the purpose of hosting farmyard animals and encouraging interaction
with natural areas. These activities are inherently associated with rural land, which is not located within the urban
footprint of the SEQ Regional Plan.
A full assessment of the proposal’s compliance with the South East Queensland Regional Plan 2017 is
provided in Appendix P.
7.2.2 State Planning Policy
Section 30(2)(a)(ii) of the Planning Regulation 2017 requires that the Impact assessment of this application
must be carried out against the State Planning Policy (SPP), Part E, to the extent Part E is not identified in
the planning scheme as having been appropriately integrated. The SPP mapping identifies the site as
requiring consideration of the following factors:
• Biodiversity – MSES – Wildlife habitat, regulated vegetation (category B), regulated vegetation
(intersecting a watercourse), high ecological significance wetlands, high ecological value waters
(wetland), high ecological value waters (watercourse)
• Water Quality – High ecological value water areas
• Natural Hazards Risk and Resilience – Flood hazard area (Level 1 – Queensland floodplain
assessment overlay), Flood hazard area (Local Government flood mapping area), bushfire prone
area
• Transport Infrastructure – State-controlled road
The development complies with the SPP for the following reasons:
• State biodiversity interests as the area mapped on-site as containing significant vegetation is being
retained as part of the proposal.
• In terms of water quality, appropriate stormwater management systems are proposed in order to
protect high ecological value water areas.
• The site is not mapped as a flooding area on Council’s flood overlay, and the proposal layout has
been designed with respect to bushfire hazard considerations.
Considerations regarding the State transport infrastructure, specifically the proximity to the Bruce Highway,
will be addressed by the application’s referral to SARA.
7.2.3 State Development Assessment Provisions
The development requires referral to SARA because the proposal involves a material change of use on
premises within 25 metres of a State-controlled road and the proposal being situated in the RLRPA of the
regional plan. As a result, assessment against the relevant State codes is required. A response to this code
is provided at Appendix O.
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7.3 Local authority assessment benchmarks
This application is to be assessed against the Noosa Plan 2006. The assessment benchmarks are
addressed below.
7.3.1 Strategic framework
The Strategy Map of the planning scheme identifies the site as Rural Settlement, Rural and Areas of
Ecological Significance. This is reflected in the zoning of the site and applicable overlays. The proposal is
consistent with this designation, as the aged care model seeks a rural setting in order for appropriate
implementation of leading dementia research, and areas of natural significance are protected through the
design of the facility.
7.3.2 Zone
The intents for the Rural Settlement and Rural Zones under the Cooroy and Lake Macdonald Locality plan
are as follows:
For the Rural Settlement Zone—detached housing on large lots—
i is the dominant building form, to the general exclusion of other uses;
ii incorporates designs that respond to, and are integrated with site characteristics
including slope and vegetation;
iii contributes to the rural or semi-rural character and amenity of the area;
iv may be located in close proximity to working farms or other rural industries; and
v offers a relaxed rural lifestyle for residents;
Response:
The proposed development is not for detached housing, however the format of the residential care facility
seeks to mimic a rural-residential lifestyle, and as such the rural character of the area is retained. The
development is also sited so that much of the development will not be seen from neighbouring properties
and surrounding streets. As a result, even though the development has a development footprint that is above
average for the rural settlement zone, the rural nature of the locality will not be affected.
The proposed built form will also reduce the scale of development into smaller buildings typical of the locality
and the rural residential setting.
For the Rural Zone—rural land is protected and appropriately managed such that:-
i Agriculture and habitat protection are the dominant land uses;
ii the scenic and environmental values, the distinct rural amenity and agricultural
productivity of the locality are preserved and are not adversely impacted as a
consequence of development on or adjacent to that land; and
iii locally appropriate enterprises such as bed and breakfast accommodation,
farmstays, cabins, camping grounds, roadside stalls and home based businesses
enhance the economic sustainability of the hinterland; and
Response:
Rural amenity and agricultural productivity of the locality are not adversely impacted as a consequence of
the development, as the proposal seeks to maintain the rural nature of the site, and low-scale agricultural
activities will be performed as an activity for residents of the facility.
The proposal will not affect agricultural activity – there are no agricultural activities within close proximity to
the site and the site itself has no evidence of a significant agricultural history.
7.3.3 Locality
The overall outcomes of the Cooroy and Lake Macdonald Locality are extensive and are subsequently
addressed in Appendix Q.
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REPORT 7.3.4 Overlays Overlays affecting the site are listed in section Error! Reference source not found. and details of the overlay sub-categories that are mapped over the site are shown at Appendix B. Details of the responses to the applicable overlay codes are provided in Section 7.3.5 below. 7.3.5 Codes The planning scheme codes applicable to the proposal, and the location of the relevant appended code response are identified below: Infrastructure charges. Table 15: Planning scheme code responses Planning scheme codes Location of response Zone and Locality codes Cooroy and Lake Macdonald Locality Code Appendix Q – prepared by RPS Use Codes Residential Uses Code Appendix Q – prepared by RPS Community Uses Code Appendix Q – prepared by RPS Development Codes Landscaping Code Appendix Q – prepared by Lark Earthworks Code Appendix Q – prepared by Bligh Tanner Erosion and Sediment Control Code Appendix Q – prepared by Bligh Tanner Existing Services Code Appendix Q – prepared by RPS Transport, Roads and Drainage Code Appendix Q – prepared by RPS Waste Management Code Appendix Q – prepared by RPS Overlay Codes Biodiversity Overlay Code Appendix Q – prepared by RPS Natural Hazards Overlay Code Appendix Q – prepared by RPS PR139784 | Town Planning Report | v4 | 28 June 2019 rpsgroup.com Page 30
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8 CONCLUSION
This town planning report supports a development application made on behalf of Lutheran Services to Noosa
Shire Council for a residential care facility, chapel and community hall.
The site is located at 521 Elm Street and 10-22 Rose Gum Road, Black Mountain, and is formally described
as Lots 1 and 2 on RP862537 and Lot 3 on SP235191.
The application seeks:
• Development Permit for a Material Change of Use for Multiple Housing Type 3 – Retirement and
special needs, Wellbeing Type 3 – Worship, and Wellbeing Type 2 – Social.
The application is subject to Impact assessment.
This report has demonstrated consistency with all relevant planning instruments, most importantly the Noosa
Plan and the South East Queensland Regional Plan. While the development is not expected in the rural and
rural settlement zones under the planning scheme, it has demonstrated considerable merit in being a
suitable use for the land.
In particular:
• The rural setting allows for the implementation of an innovative residential care facility and dementia
care model;
• Because the model revolves around rural living, the development will retain the rural setting of the
locality;
• Rural land of this scale is not found within the urban footprint;
• The development form minimises its impact on vegetation clearing and protects watercourses and
riparian buffer areas;
• Adequate infrastructure will be provided on site;
• The proposal provides community uses to the surrounding area;
• Emergency access is obtained via the existing Bruce Highway connection to the west of the site; and
• Proposed site access points are proven to be suitable.
• The development comprises a series of separate building sto ensure the vegetated setting is
dominant;
• The design of the buildings are reflective of traditional built form, through the inclusion of wall
cladding, pitched colour bond roof forms, and large verandas;
• Existing dense vegetation along the Bruce Highway frontage will mean the development will not be
readily visible.
Approval is sought subject to reasonable and relevant conditions.
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Appendix A
DA Form 1 and Owner’s Consent
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Appendix B
Searches
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Appendix B
Searches
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Appendix C
Prelodgement Meeting Minutes
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Appendix D
Proposal Plans
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Appendix E
Landscape Plans
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Appendix F
Site Access Advice
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Appendix G
Stormwater Management Report
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Appendix H
Economic Assessment
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Appendix I
Bushfire Hazard Report
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Appendix J
Water Supply and Wastewater Servicing Report
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Appendix K
Hydraulic and Wet Fire Services Report
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Appendix L
Electrical Services Report
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Appendix M
Ecology Report
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Appendix N
Fee Confirmation
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Appendix O
SDAP Code Responses
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Appendix P
SEQRP Assessment
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Appendix Q
Planning Scheme Code Responses
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