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Delegated Report - Code - Planning MCU24/0125 (As Published)
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Development Planner, Matthew Pinese
Development Assessment
APPLICATION DETAILS
Application No. MCU24/0125, OPW24/0158 and RAL24/0021
Applicant Courtware Australia Pty Ltd
Proposal Material Change of Use - Multiple dwelling (15 Units
Operational Works for Roadworks, Drainage Work, Stormwater,
Earthworks and Landscaping
Reconfiguring a Lot - Community Title Subdivision (1 Lot into 15
Lots)
Properly Made Date 27 September 2024
Information Request Date 28 October 2024
Information Response Date 28 January 2025
Decision Due Date 1/04/2025
Report Reviewed & Nadine Gorton 1.04.2025
Finalised By
PROPERTY DETAILS
Property Address 73, 75 and 77 Eumundi Noosa Rd and 2c, 2d and 2e Starboard
Ave, Noosaville Qld 4566
RP Description Lot 1 on SP298783, Lot 2 on SP298783, Lot 3 on SP298783,
Lot 48 SP 298783, Lot 49 on SP298783, Lot 50 on SP298783
Land Area Lot 2 on SP298783 - 601m2
Lot 1 on SP298783 - 636m2
Lot 48 SP 298783 - 744m2
Lot 3 on SP298783 - 832m2
Lot 50 on SP298783 - 801m2
Lot 49 on SP298783 - 1881m2
Total – 5495m2
Existing Use of Land Dwelling house and vacant lots
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential
Document Set ID: 23672855
Version: 9, Version Date: 08/04/2025
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Precinct N/A
Local Plan Area Noosaville
Overlays Land Subject to Acid Sulfate Soils
- Above 5 metres AHD to 20 metres AHD (Area 2)
Assessment Type Code
1. PROPOSAL
The application seeks approval for a combined application for Material Change of Use - Multiple
dwelling (15 Units), Operational Works for Roadworks, Drainage Work, Stormwater, Earthworks
and Landscaping and Reconfiguring a Lot - Community Title Subdivision (1 Lot into 15 Lots).
The proposed Multiple Dwelling consists of 12 x 3 bedroom and 2 x 3 bedroom, townhouse style
units across the development site. The development consists of 6 different unit types, that vary in
size, shape and design in terms of style, materials and finishes. All units have pitched gable style
roof form with 600mm eaves to at least 75% of the front façade of the building.
The development site has dual frontage, with the primary frontage being Eumundi Noosa Road,
and the secondary frontage to Starboard Avenue. Units 1-11 are proposed to gain access from
Eumundi Noosa Road and Units 12-15 are proposed to gain access from the rear lot access
easement, which has an 8m frontage to Starboard Avenue.
The proposal provides a total of 28 covered parking spaces for residents and a total of 4 visitor
parking spaces.
There are 2 refuse areas within the development. The first refuse area services proposed Units 1-
11, and the second refuse area services proposed Units 12-15.
Each unit is provided with suitable private open space areas and 66.9% of the site is soft
landscaping. The development is not proposed to be staged.
The locality and proposal plans are included below.
Figure 1 – Locality
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Figure 3 – Floor Plan
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Figure 4 – Elevations
2. SITE DETAILS
2.1. Site History
The subject land is made up on six separate titles, with number 75 Eumundi Noosa Road currently
containing an existing dwelling. The remaining lots/titles are currently vacant or are being used for
temporary storage and car parking associated with the works that are occurring at 79, 81 and 83
Noosa-Eumundi Road and 26 Headland Drive, Noosaville.
2.2. Site Description
The site is described as 73, 75, 77 Eumundi Noosa Road, Noosaville and 2C, 2D, 2E Starboard
Ave, Noosaville. The subject lots are legally described as Lots 1, 2, 3, 48, 49, 50 SP298783.
The land has a 66m frontage to Eumundi Noosa Road and an 8m frontage to Starboard Avenue.
The subject lots slope to the east from 14m AHD at Eumundi Noosa Road to 3m AHD at Starboard
Avenue and there is an existing sewerage easement that runs through the site. There is also an
access easement to Starboard Avenue and other services easements.
2.3. Surrounding Land Uses
To the north are dwelling houses, at 2a, 2b Ely Street and at 71 Eumundi Noosa Road. To the
south is an approval (ref: MCU23/0094) for a 38 Multiple Dwelling Unit development, which is
currently being constructed (operational works for earthworks). To the east are existing dwelling
houses at 2b and 6 Starboard Avenue. The properties at 2, 2a and 2b starboard Avenue adjoin the
site’s access easement and are a party to this easement. To the west is Eumundi Noosa Road.
On the opposite side of Noosa Eumundi Road is a buffer lot within the Environmental Management
and Conservation Zone.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017; and
• Noosa Plan 2020 (25 September 2020).
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Medium Density Residential Zone Code;
• Noosaville Local Plan Code;
• Dual Occupancy and Multiple Dwelling Code;
• Works Codes;
• Acid Sulfate Soils Overlay Code
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The subject site is in Noosaville and is zoned Medium Density Residential. The proposed use is
identified as a consistent use within the zone and is required to follow a code assessable
application process.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Criteria Planning Scheme Proposal Complies
Building height
• Storeys 2 storeys max 2 Storeys
• metres 8 metres Units 1-7 and 9-15 – less
than 8m
Unit 8 – 8.1 metres X
Site cover 40% 39.96% (Condition of ?
Preliminary Approval
added to confirm Site
Cover calculation)
Gross floor area 2196m² max 2193.96m²
Plot ratio 0.4:1 max. 0.39:1
Boundary setbacks
Basement Floor Plan
Frontage to Eumundi
Noosa Road
6.0 metres min Unit 1 Basement – 5.8 m X
Side (north)
1.5 metres min 2.5m min
Side (south)
1.5 metres min 2.1m/3.15m min
Rear
6.0 metres min 6.1m min
Boundary setbacks
Ground Floor Plan / up to 4.5m
Frontage to Eumundi
Noosa Road
6.0 metres min 6m min
Side (north)
1.5 metres min 2.61m min
Side (south)
1.5 metres min 2.15m min
Rear
6.0 metres min 7.4m min
First Floor Plan / 4.5m – 7.5m
Frontage 6.0 metres min Unit 1 Eaves – 5.4m X
Unit 2 Eaves – 5.8m X
Unit 3 Eaves – 5.75m X
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Criteria Planning Scheme Proposal Complies
Unit 4 Eaves – 5.9m X
Unit 5 Eaves – 5.8m X
Side (north) 2.0 – 2.5 metres min 2m min
Side (south) 2.0 – 2.5 metres min 2.15m min
Rear 6.0 metres min 13.4m min
Length of wall 15 metres max 13.10m
Roof Form
• Pitch Min 5 degrees Greater than 5 degrees
• Eaves Min 600mm to 75% 600mm to >75%
Landscaping
Landscaped open space 2196.24m² min 2551.60m²
Soft landscaping 60% of total 66.9% (1706.87m²)
Private open space 25m² min at ground level >25m²
12m2 min above ground
level
>12m2
Carparking 30 covered min 30 covered
4 Visitor min 4 Visitor
Medium Density Residential Zone Code
Building Height
Acceptable Outcome AO8.1 of the Medium Density Residential Zone Code states:
AO8.1 Buildings and structures are no more than 8 metres in building height
The applicant is proposing an overall height of 8.1m for Unit 8 and as such does not comply with
AO8.1 of the Medium Density Residential Zone Code. The proposal is therefore required to comply
with corresponding Performance Outcome PO8 of the Medium Density Residential Zone Code,
which states:
PO8 Buildings and structures:
a. are low rise and present a building height consistent with structures on adjoining
and surrounding premises;
b. are designed to provide an interesting streetscape and complement landform
changes and landscapes
c. do not visually dominate the street or surrounding area;
d. maintain a vegetated skyline;
e. do not unreasonably obscure views or lead to overshadowing of neighbouring
properties;
f. do not exceed two storeys.
The proposed height of Unit 8 represents only a minor exceedance of this provision, which will not
be discernible from both street frontages. This unit is centrally located and will not visually dominate
the surrounding area. Although this unit is visible at the end of the driveway, the slight exceedance
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in height is orientated to the east, being a portion of the ridge, which is hidden from view by the
front (western) part of the roof. Proposed Units 1-5 achieve a low rise presentation and a compliant
building height, which does not exceed two storeys. These units have been designed to provide
an interesting streetscape appearance that includes an irregular siting pattern, which groups Units
1 and 2 and Units 3-5. The driveway positioned between the units further breaks up the built form.
There is also a variation in the style of these units that includes two of the unit types along the site’s
primary frontage. Each of the six unit types has variations in materials, finishes, shape and overall
design. The units compliment the landform changes and landscape along the frontage of the site.
The low rise design coupled with the wide verge and existing street trees, the development does
not visually dominate the street or surrounding area.
The site’s secondary frontage to Starboard Avenue is accessed via a 60m long access handle with
easement. The slight exceedance in the height of Unit 8 is buffered by the built form of Units 12-
15 to the rear, along with the with existing dwellings, which adjoin the access handle.
The combination of the existing and proposed street trees, and the proposed landscaped setbacks
maintain a vegetated skyline.
Setbacks
Acceptable Outcome AO12.1 of the Medium Density Residential Zone Code states:
AO12.1 Buildings and structures meet the following minimum boundary setbacks:
g. for frontages — 6 metres
h. for side boundaries—
i. 1.5 metres setback up to 4.5 metres height;
ii. 2 metres setback between 4.5 metres and 7.5 metres height; and
iii. 2.5 metres where above 7.5 metres height
i. for the rear boundary - 6 metres
The applicant is proposing a 5.8m setback to the basement of Unit 1 and setbacks between 5.4m
and 5.9m to the eaves of Units 1-5 and as such does not comply with AO12.1 of the Medium
Density Residential Zone Code. The proposal is therefore required to comply with corresponding
Performance Outcome PO12 of the Medium Density Residential Zone Code, which states:
PO12 Buildings and structures are designed and sited to:
a. provide a high level of amenity to users of the subject site and adjoining premises,
including provision of visual and acoustic privacy;
b. not unreasonably obstruct views or cause overlooking of private open space or
habitable areas of adjoining premises;
c. provide adequate distance from adjoining land uses;
d. preserve existing vegetation that will help buffer development;
e. allow for space and landscaping to be provided between buildings including
adequate area at ground level for landscaping with trees, shrubs, outdoor living and
utilities;
f. be consistent with the predominant character of the surrounding area; and
g. protect the natural character and avoid adverse impacts on ecologically important
areas such as national parks, waterways and wetlands.
Front Setback
The reduced setbacks along the frontage are predominantly due to proposed width of the building’s
eaves. Despite the slight reduction in setbacks, the development provides a high level of amenity
to the users of Units 1-5 by providing a densely planted landscaped setback area that contains a
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mix of trees, shrubs and ground covers. The frontage also contains a pool and turfed areas. Each
unit has its own pedestrian entry that leads to the front door, which is visible from the street.
The visual and acoustic privacy for the users of the adjoining premises will be addressed by the
applicant as part of the required amendments to the proposal plans to fully demonstrate that
opportunities for overlooking are managed by window placement, translucent glazing or fixed
external screens. The resulting separation between buildings is sufficient to provide a suitable level
of acoustic privacy. To the south, proposed Unit 5 is the closest building to the adjoining
development a 71 Eumundi Noosa Road. This unit is setback approximately 10m from the front
boundary. The eaves are setback 2m and the wall of this unit is setback 2.5m from the side
(southern) boundary. The resulting building separation between these developments will be
between 4-5m and will therefore achieve a high level of amenity and privacy though providing an
adequate distance from the adjoining development. Although the adjoining dwelling at 71 Eumundi
Noosa Road is setback approximately 10m from the front boundary, this is somewhat unique and
as detailed below there are examples of setbacks less than 6m prevailing in the surrounding area.
The proposed setback of Unit 1 appropriately considers the alignment of the road, and the
established setbacks of the adjoining property to the north by staggering the setbacks of Units 1-
5.
The proposed development preserves the existing street trees and provides additional street trees
to help buffer the development and protect the surrounding natural character.
The compliant site cover of the proposed development ensures that there is space for landscaping
between building, with trees, shrubs and outdoor living areas provisioned for as shown on the
Landscape Calculation Plans referenced DA5.01-DA5.03, completed by Black Wood Architecture
and Design and dated 28/01/2025.
The predominant character of the surrounding development fronting Eumundi Noosa Road has a
varied front setback of between 4m-10m. There are examples further to the north and south that
have established setbacks between 4-5.5m. For example, at 89 Eumundi Noosa Road
(MCU21/0156/.01) a more recent Multiple Dwelling development, has setbacks to the front
boundary of approximately 5.5m. Similarly, the development at 30 Eumundi Noosa Road is setback
approximately 4m.
There are no areas within the subject land identified as ecologically important areas such as
national parks, waterways and wetlands.
It is acknowledged that due to the sloping nature of the site and the provision of flat building pads,
this results in fill and terraced retaining walls with fences on top. It is unclear whether this
combination of fill, retaining walls and fencing results in an overall fence height of approximately
4m when viewed from the adjoining properties. This raises concerns regarding the potential
amenity impacts this outcome. These potential amenity impacts need to be confirmed and if
necessary the proposal plans need to amended to address any impacts that cannot be managed
through reasonable and relevant conditions.
Dual Occupancy and Multiple Dwelling Code
Acceptable Outcome AO4 of the Dual Occupancy and Multiple Dwelling Code states:
AO4 Dual occupancy and multiple dwellings do not occur on battleaxe or rear allotments or
lots with a frontage less than 10.5 metres in width.
The exist access handle (frontage) to Starboard Avenue is 8m and as such does not comply with
Acceptable Outcome AO4 of the Dual Occupancy and Multiple Dwelling Code. The proposal is
therefore required to comply with corresponding Performance Outcome PO4 of the Dual
Occupancy and Multiple Dwelling Code, which states:
PO4 Development addresses the street, contributes to the streetscape and does not
adversely impact on the amenity of any adjoining land on which residential
development is permitted.
This matter was raised in Council’s Information Request as the proposal increased the number of
lots that would gain access from this existing rear lot and may cause detrimental impacts to lots
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adjoining the access strip, such as the new dwelling at 2B Starboard Avenue. The existing width
of the rear lot access handle has been considered sufficient to cater for the demand created by the
four units gain access from Starboard Avenue. The access handle addresses the street and with
regard to character of the streetscape, any additional impact that an additional unit may cause
have been addressed through the provision of passing lanes along the access handle. Further
commentary about how amenity impacts are addressed is included in the assessment of PO21 of
the Reconfiguring a Lot Code below.
Acceptable Outcome AO5 of the Dual Occupancy and Multiple Dwelling Code states:
AO5 Bedroom windows are at least 3 metres away from shared driveways, car parking
areas, mechanical plant, refuse and recycling areas, vents and exhausts.
The proposed location of some bedrooms is less than 3 metres away from shared driveway, car
parking and refuse areas and as such the proposal does not meet Acceptable Outcome AO5 of
the Dual Occupancy and Multiple Dwelling Code. The proposal is therefore required to comply with
corresponding Performance Outcome PO5 of the Dual Occupancy and Multiple Dwelling Code,
which states:
PO5 Development is designed to minimise noise carrying between dwelling units or
accommodation units by locating noise sensitive spaces such as bedrooms away from
noise generating areas of the development, such as car parking areas or mechanical
plant and equipment or recreational facilities.
To address the potential for noise carrying from noise generating areas to sensitive spaces such
as bedrooms, it has been conditioned as part of the preliminary approval to amend the proposal to
provide noise attenuation measures, such as double glazing to bedroom windows where they are
located within 3m of the shared driveway, car park or refuse area.
Driveways and Parking Code
Car parking
Acceptable Outcome AO6.1 of the Driveways and Parking Code states:
AO6.1 The number of car parking spaces, motor cycle spaces, bicycle spaces and loading
bays is not less than the minimum number specified in Table 9.4.1.4 Minimum parking
requirements including end of trip facilities.
The applicant is proposing 4 visitor car parks; however, visitor car park 4 is located in the access
easement/handle. This outcome is not supported and as such does not comply with AO6.1 of the
Driveways and Parking Code. The proposal is therefore required to comply with corresponding
Performance Outcome PO6 of the Driveways and Parking Code, which states:
PO6 Sufficient parking
(a) is provided having regard to the specifics of the use including—
i. the type and intensity of land use;
ii. any existing parking available on the site;
iii. hours of operation;
iv. likely numbers of users;
v. accessibility to the site by means other than private motor vehicle;
vi. the peak parking demand periods of uses on the site; and
vii. the availability of alternative car parking; and
(b) is provided to accommodate the number and type of vehicles and motorcycles likely
to be generated by the development.
This area of non-compliance was raised in Council’s Information Request dated 28 October 2024.
It was strictly stated that Council did not support this outcome. It is Council’s position that sufficient
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parking is not provided in term of the type and intensity of the proposed use and the development
will not accommodate the number of vehicles likely to be generated by the development.
The applicant did not address the issue of the location of visitor car park 4 in their response. This
outcome is not supported and revised plans are to be submitted providing the required number of
visitor car parking spaces further within the development and not along the existing access
handle/easement.
It is also noted that on the development statistics page of the proposal plans, that the number of
resident car parking spaces need to be updated to 30 spaces. This has been included in the
conditions of the preliminary approval.
Reconfiguring a Lot Code
Acceptable Outcome AO21.8 of the Reconfiguring a Lot Code states:
AO21.8 No more than three lots gain access from the same access strip.
The applicant is proposing that four lots gain access from the same access strip and as such does
not comply with AO21.8 of the Reconfiguring a Lot Code. The proposal is therefore required to
comply with corresponding Performance Outcome PO21 of the Reconfiguring a Lot Code, which
states:
PO21 Rear (battle-axe) lots are created only where:-
a. it would not be desirable nor practicable for the site to be reconfigured so that all
lots have full frontage to a road;
b. located in the Low density residential zone, Rural residential zone or Rural zone;
c. development positively contributes to the character of the neighbourhood;
d. development provides a high standard of amenity for residents and other users
of the rear lot and adjoining properties;
e. the lot is large enough to accommodate anticipated land uses including car
parking and manoeuvring;
f. development is not detrimental to the use and amenity of adjoining lots through
loss of privacy, sunlight or breezes once buildings are constructed;
g. vehicular access to rear lots will not have a detrimental impact on lots adjoining
the access strip due to excessive noise, light, dust, stormwater runoff and the
like;
h. access arrangements do not adversely affect the safety and efficiency of the road
from which access is gained;
i. their creation does not prejudice the anticipated development of adjoining land.
This matter was raised in Council’s Information Request as increasing the number of lots from 4 to
5 gaining access would cause detrimental impacts to lots adjoining the access strip, such as the
new dwelling at 2B Starboard Avenue. In response to this item, the applicant provided the following
justification:
There are three existing Medium Density Zoned lots that currently gain access from Starboard Ave.
Under The Noosa Plan and endorsed Round 2 amendments these sites are to be developed for a
dual occupancy or multiple dwelling units on each of the three lots (6+ units). The proposal is for 4
multiple dwelling units to access the easement, which is less than what is currently sought for and
designed for. Furthermore, the proposal is for a community tile subdivision and the rear lot
provisions are not applicable.
It is acknowledged that because of the upzoning (from detached house to Medium Density
Residential) that occurred since The Noosa Plan 2006 was superseded, hypothetically the existing
three lots could be developed for 6+ units. The applicant’s justification above only addresses part
of the relevant performance criteria for PO21 of the Reconfiguring a Lot Code.
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With reference to PO21(d), the issue of amenity impacts to the neighbouring dwellings at 2, 2A,
2B and 6 Starboard Avenue, this was raised in Council’s Information Request. The applicant’s
response recommended that a detailed lighting plan be provided as part of the Building Approval.
A condition will be imposed as part of any full development permit to ensure all outdoor lighting
complies with Australian Standard AS4282. This standard sets the guideline for mitigating the
obtrusive effects of outdoor lighting and provides recommended limits for relevant lighting levels to
contain these effects within tolerable levels. Furthermore, along the southern extent of the existing
access handle, there is an existing dense hedge that will effectively screen the adjoining properties
from light spillage. Blockwork fencing and landscaping will also effectively reduce light spill from
reducing the amenity of the existing dwellings on 2A and 2B Starboard Avenue.
It is noted that the proposal to increase the number of Medium Density Residential Zoned lots
gaining access from this rear lot does not meet PO21(b) of the Reconfiguring a Lot Code.
Notwithstanding this, the non-compliance with PO21(b) meets the purpose and overall outcomes
of the Reconfiguring a Lot Code because the rear lots were created before the land was upzoned
and is therefore consistent with the established and emerging character of the local area. The
emerging character of the area provisions for higher densities and is therefore likely to result in
more lot being created from an existing rear lot.
Water Quality and Drainage Code
Acceptable Outcome AO2.1-AO2.4 of the Water Quality and Drainage Code state:
AO2.1 Stormwater drainage planning, design and construction is in accordance with PSP6
Engineering Design Standards - Roads, drainage and earthworks and the latest
version of the Queensland Urban Drainage Design Manual.
AO2.2 The stormwater drainage system connects to a lawful point of discharge in accordance
with PSP6 Engineering Design Standards - Roads, drainage and earthworks.
AO2.3 Stormwater flows discharging from the development are demonstrated to be consistent
with pre-development characteristics.
AO2.4 Development provides for the management of stormwater to incorporate appropriate
allowance for climate change impacts (including rainfall intensity and sea level rise), in
accordance with PSP6 Engineering Design Standards – Roads, Drainage and
Earthworks.
The proposal does not meet these Acceptable Outcomes and as such does not comply with these
provisions of the code. The proposal is therefore required to comply with corresponding
Performance Outcome PO2 of the Water Quality and Drainage Code, which states:
PO2 Stormwater drainage infrastructure is planned, designed and constructed to:
(a) incorporate allowance for increased flood risk and tidal inundation through
pipework as a result of climate change and sea level rise;
(b) ensure the development is adequately drained; and
(c) ensure stormwater is managed and lawfully discharged without altering
stormwater drainage characteristics external to the site.
Council’s Information Request raised issues regarding the external drainage impacts that the
development would cause. The assessment did not consider the impacts on all parts of the
drainage network external to the site.
The response to Council’s Information Request did not sufficiently resolve issues relating to
stormwater management, specifically allowances for climate change and demonstrating a ‘non-
worsening’ outcome that assessed like-for like scenarios for climate change scenarios, based on
the 1% AEP event (2100).
Council’s Senior Development Engineer has also considered the proposed stormwater solution
and has provided advice in his assessment in section 4.2 below.
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This outcome is not supported and must be addressed as part of the conditions of this preliminary
approval.
Waste Management Code
Acceptable Outcome AO1.1 and AO1.2 of the Waste Management Code state:
AO1.1 Construction, operational and demolition works are planned and managed in
accordance with Planning Scheme Policy PSP9 Waste management.
Editor’s Note— PSP9 Waste Management requires Waste Management Plans to be
prepared as part of certain types of development applications to ensure proper
consideration is given to waste minimisation, segregation and reuse.
AO1.2 Adequate area is provided on-site for the collection and separate storage of recyclable,
non-recyclable, vegetative and hazardous materials in their specific waste streams
during construction or demolition works and the operational phase of development.
The proposed waste storage areas do not meet the requirements of these Acceptable Outcomes
of the code. The proposal is therefore required to comply with corresponding Performance
Outcome PO1 of the Waste Management Code, which states:
PO1 Development that generates several classes of waste is designed so waste is
collected, stored and disposed of in a safe and ecologically sustainable manner.
The proposed development did not demonstrate compliance with PSP9 Waste Management, and
the applicant did not provide a Waste Management Plan demonstrating that all waste servicing
and collection can occur onsite.
The refuse/recycling areas associated with the development must occur in locations that minimise
the amenity impact on adjacent properties.
The submitted information for the provision of onsite servicing did not demonstrate that a Refuse
Collection Vehicle could enter and exit the site in a forward gear while remaining wholly within the
access driveway (i.e., the access handle to Starboard Avenue).
Council’s Senior Development Engineer has also considered the proposed waste solution and has
provided advice in his assessment below.
The outcome proposed by the applicant is not supported and must be addressed as part of the
conditions of this preliminary approval.
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Senior Development Engineer, Development Assessment
• Senior Environment Officer, Development Assessment
Council Senior Development Engineer, provided the following in an internal memo:
Engineering has identified unresolved issues relating to stormwater management (allowance for
climate change) and waste collection (vehicle manoeuvring and servicing).
Stormwater Drainage
1. Prior to Council issuing a Development Permit, provide an amended Stormwater
Management Plan and associated Engineering Drawings that incorporates an allowance for
climate change in accordance with Performance Outcome 2 of the Water Quality and
Drainage Code. The amended package must include amendments to Engeny’s Stormwater
Management Plan and associated Engineering Drawings prepared by TOD Consulting, be
prepared by a suitably qualified person (RPEQ), and include in particular:
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a. allowance for a 20% increase in rainfall intensity by the year 2100 for all modelled
scenarios (10% and 1% AEP event);
b. a revised assessment of non-worsening based on like-for-like scenarios for climate
change scenarios, based on the 1% AEP event (2100);
c. revised internal site drainage drawings and calculations to include a climate change
allowance; and
d. additional detail demonstrating how the “gap flow” has been calculated – nothing that
Section 4.1 of the Stormwater Management Plan suggests that development flows in
excess of the pipe network fail to report to the existing bioretention basin in Ely Street.
Waste Management
2. Prior to Council issuing a Development Permit, provide a Waste Management Plan
demonstrating that all waste servicing and collection is to occur onsite. The Waste
Management Plan must be prepared by a suitably qualified person and include, in particular:
a. onsite collection of refuse/recycling must be undertaken using 1,100 litre, low-noise
waste containers – waste servicing, include the storage of waste containers, must
occur in locations that minimise the amenity impact on adjacent properties.
b. provision for on-site servicing by a Refuse Collection Vehicle (i.e., Dennis Eagle Elite
2 6x4 with rear lift configuration) – the Refuse Collection Vehicle must be able to enter
and exit the site in a forward gear while remaining wholly within the access driveway
(i.e., the access handle to Starboard Avenue).
If a Refuse Collection Vehicle is unable to remain wholly within the access driveway,
provide a revised development layout that accommodate on-site manoeuvring of a
Refuse Collection Vehicle; and
c. compliance with The Noosa Plan 2020 – Waste Management Code and PSP9 Waste
Management.
The above matters are to be resolved prior to Council issuing Development Permits for this
combined application for Material Change of Use, Reconfiguring a Lot and Operational Works.
5. CONCLUSION & REASONS FOR DECISION
The above matters raised in the assessment of this application may impact on the design of the
development and therefore the application is recommended for preliminary approval. A preliminary
approval is being issued due to the proposed development:
- not sufficiently demonstrating that the privacy and amenity of the adjoining properties is
maintained;
- not clearly demonstrating on the proposal plans how the site cover was calculated;
- not providing the required number of car parking spaces for residents;
- positioning a visitor car parking space within the easement;
- not sufficiently resolving issues relating to the proposed stormwater management solution;
and
- not sufficiently demonstrating that a Refuse Collection Vehicle can enter and exiting the site
in a forward gear while remaining wholly within the access driveway.
Prior to Council issuing a Development Permit, amended plans are required to address the above
issues, which could not be resolved through reasonable and relevant conditions and/or Council
annotations on the proposal plans.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU24/0125, OPW24/0158 and RAL24/0021 for a Material Change
of Use - Multiple dwelling situated at 73, 75 and 77 Eumundi Noosa Road and 2c, 2d and 2e
Starboard Avenue, Noosaville Qld 4566 and described as Lots 1, 2, 3, 48, 49 and 50 on SP 298783,
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it is recommended the application be approved and a preliminary approval granted in accordance
with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: MCU24/0125, OPW24/0158 and RAL24/0021
Street address: 73, 75 and 77 Eumundi Noosa Road and 2c, 2d and 2e Starboard
Avenue, Noosaville Qld 4566
Real property description: Lots 1, 2, 3, 48, 49 and 50 on SP 298783
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Preliminary Approval for Material Change of Use - Multiple dwelling (15 Units)
• Preliminary Approval for Operational Works for Roadworks, Drainage Work, Stormwater,
Earthworks and Landscaping
• Preliminary Approval for Reconfiguring a Lot - Community Title Subdivision (1 Lot into 15
Lots)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
When Conditions must be Complied With
1. Amended plans and associated reports must be submitted to Council prior to any further
development applications being made and must include the following to the reasonable
satisfaction of the Manager, Development Assessment:
1.1. Amended proposal plans to reference the required number of resident car parking
spaces, being 30 spaces in accordance with Table 9.4.1.4 Minimum parking
requirements of the Driveways and Parking Code.
1.2. Amended proposal plans to relocate visitor car park 4 from the access
handle/easement to a suitable location closer to Units 12-15.
1.3. Sensitive spaces, such as bedroom within 3m of noise generating areas are to be
acoustically treated with treatments shown on the amended proposal plans, such as
double glazing to ensure that the acoustic privacy of these areas is achieved.
1.4. Amended proposal plans to clearly detail that the pool and terrace areas and upper-
level balcony and windows are appropriately screened or treated to minimise
overlooking into the private open space areas of adjoining residents.
1.5. Confirm whether the combination of fill, retaining walls and fencing results in some
overall fence heights of approximately 4m, when viewed from the adjoining properties
and address the potential amenity impacts resulting from this outcome. Where
necessary, amend the proposal plans to address any impacts that cannot be
managed through reasonable and relevant conditions.
1.6. Confirm the methodology used to determine the proposed site cover shown on the
proposal plans. Specifically, why several portions of the built form of Units 1-5, 8, 10,
12-15, have been excluded from the site cover calculation.
1.7. Where required, provide amended landscaping, reconfiguring a lot and operational
works plans to reflect any changes made to the proposal plans.
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Currency Period
2. This development approval lapses if the requirements of the conditions have not been
completed and lodged with Council by 1 April 2027, unless an application to extend the
currency period is approved by Council.
Stormwater Drainage
3. Prior to Council issuing a Development Permit, provide an amended Stormwater
Management Plan and associated Engineering Drawings that incorporates an allowance for
climate change in accordance with Performance Outcome 2 of the Water Quality and
Drainage Code. The amended package must include amendments to Engeny’s Stormwater
Management Plan and associated Engineering Drawings prepared by TOD Consulting, be
prepared by a suitably qualified person (RPEQ), and include in particular:
3.1. allowance for a 20% increase in rainfall intensity by the year 2100 for all modelled
scenarios (10% and 1% AEP event);
3.2. a revised assessment of non-worsening based on like-for-like scenarios for climate
change scenarios, based on the 1% AEP event (2100);
3.3. revised internal site drainage drawings and calculations to include a climate change
allowance; and
3.4. additional detail demonstrating how the “gap flow” has been calculated – nothing that
Section 4.1 of the Stormwater Management Plan suggests that development flows in
excess of the pipe network fail to report to the existing bioretention basin in Ely Street.
Waste Management
4. Prior to Council issuing a Development Permit, provide a Waste Management Plan
demonstrating that all waste servicing and collection is to occur onsite. The Waste
Management Plan must be prepared by a suitably qualified person and include, in particular:
4.1. onsite collection of refuse/recycling must be undertaken using 1,100 litre, low-noise
waste containers – waste servicing, include the storage of waste containers, must
occur in locations that minimise the amenity impact on adjacent properties.
4.2. provision for on-site servicing by a Refuse Collection Vehicle (i.e., Dennis Eagle Elite
2 6x4 with rear lift configuration) – the Refuse Collection Vehicle must be able to enter
and exit the site in a forward gear while remaining wholly within the access driveway
(i.e., the access handle to Starboard Avenue).
4.3. If a Refuse Collection Vehicle is unable to remain wholly within the access driveway,
provide a revised development layout that accommodate on-site manoeuvring of a
Refuse Collection Vehicle; and
4.4. Compliance with The Noosa Plan 2020 – Waste Management Code and PSP9 Waste
Management.
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
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Resubmission of Amended Plans Required
1. The conditions of this Decision Notice require resubmission of plan/s to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No. MCU24/0125, OPW24/0158 and RAL24/0021.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Material Change of Multiple Dwelling (15 Units)
Use
Development Permit for Reconfiguring a Lot Community Title Subdivision (1 Lot into 15 Lots)
Development Permit for Operational Works Roadworks, Drainage Work, Stormwater,
Earthworks and Landscaping
Development Permit for Building Works All building work.
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
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