Submission Letter · MCU18/0015

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FIGURE 1: PROPOSED SITE PLAN

 

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LPC — Noosa Shire Council

7 December 2018

Page 3

Reasons for Refusal:

Our client has significant concerns regarding the proposed development, all of which are valid.
These concerns include from:

The proposed development being in conflict with Planning Scheme Zoning and the
Planning Scheme in its entirely;

The proposed development poses a significant detrimental impact on the existing
amenity of neighbouring properties and if approved diminishes their values;

The significant harmful impact on established vegetation on site;

The significant harmful impact on native fauna with particular reference to the Grey-
headed Flying Fox, as outlined within ecology assessment and Native Wallaby and
Koala as seen regularly by local residents;

The steep grade of the site being unsuitable for the proposed development, without
extensive earthworks and subsequent negative environmental impacts;
Overdevelopment of the site compared to its existing zoning intent; and

Increased traffic movements and their negative impacts from additional vehicle trips
generated by the proposal and lack of in-depth assessment.

Not withstanding the multiple concerns regarding the proposal outlined above, this submission
will focus fundamentally on:

The proposed development being in conflict with Planning Scheme Zoning and
Planning Scheme entirely;

The proposed development posing a significant detrimental impact on the
existing amenity of neighbouring properties;

 

7 December 2018 LPC — Noosa Shire Council Page 3

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Development in Conflict with the Planning Scheme:

 

As outlined within the Zoning Map in the Figure below, the site is subject to multiple zonings.
MB Attached Housing
Semi-Attached Housing
‘ S GP Visitor Mixed Use
Village Mix
Neighbourhood Centre
GB Susiness Centre
GBB Shire Business Centre
Community Services
Irichusiry
WB Ruel Settlement

We ure

my
ree -
Ae GE Open Space Conservation
AP ats

 

FIGURE 2: NOOSA PLAN ZONING MAP

As made evident within the Zoning Map, a small portion of the site (approx. 910m?) is zoned
Detached Housing. An irregular shaped, isolated area (approx. 1,660m?) at the rear of the site
is also zoned Detached Housing. An irregular shaped portion (2,150m?) of the site along
eastern boundary and directly abutting the existing Peppers Report is zoned Attached
Housing. The remainder of the site (13,380m?) is zoned Open Space Conservation.

As illustrated within the Architectural Drawings by Tim Ditchford Architects and lodged as part
of the Applicants Information Request Response and the Site Plan shown as Figure 1, the
Multiple Housing Type 4 conventional portion of the proposal is located entirely on the section
of the site zoned Detached Housing and Open Space Conservation.

 

7 December 2018 LPC — Noosa Shire Council Page 4

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Directed by the Noosa Plan 2006 (last amended 8 June 2018), the proposal is to be assessed
against the Noosa Heads Locality Plan Code. The significant non-compliances with the Noosa
Heads Locality Code have been identified below:

Division 15—Specific Outcomes and Probable Solutions for the Noosa Heads Locality

 

COMMENT

 

so1

(1) Effects of Use
SPECIFIC OUTCOMES/ PROBALE SOLUTIONS
Amenity
O01 Uses are _ located,

designed and operated to
avoid significant adverse
changes to the light, air
quality, noise, accessibility,
or other conditions enjoyed
by users of associated,
adjoining or nearby uses.

No solution provided.

Non-Compliant

The development is proposed to
go over the maximum height limit
for the zoning (8m) and in tum will
result in a significant impact on the
amenity of neighbouring residents,
with specific reference to view
lines.

 

Scenic vistas

04 Aesthetic and cultural
values of the natural
landscape are maintained
through protecting
important scenic vistas—

a) from the streets, beaches
and other public spaces;

b) to the ocean, river, coastal
lowlands and the vegetated
backdrop of Noosa Hill;

c) within Little Cove— vistas
over Laguna Bay and to the
Noosa National Park and the
vegetation stands, part of
the hills and sand dunes;

d) within Cooloola and
Weyba Park Estates— the
scenic view of Noosa
National Park and Weyba
Creek; and

e) within Noosa Sound—
vistas across Noosa River.

$04
No solution provided.

Non-Compliant

The proposal will result in a
significant impact to the important
scenic vista of the Noosa Hill with
extensive clearing of established
mature vegetation proposed that
will result in a change in the
landscape of the Noosa Hill.
Additionally, the buildings are
proposed to exceed the maximum
building height of the zoning,
further adversely impacting on the
view lines to Noosa Hill.

 

(2) Built Form

 

SPECIFIC OUTCOMES/ PROBALE SOLUTIONS

COMMENT

 

Height

07 Buildings and other
structures—

a) present a building height
consistent with structures
on adjoining and
surrounding land;

b) do not exceed a maximum
building height of—

i For the Business Centre
Zone-— 3 storeys; or

ii For the Visitor Mixed Use
Zone—

A. Northern side of Hastings
Street—

¢ within 7m of the Hastings
St alignment — 2 storeys; or

 

 

$7.1 Buildings and other structures have
a maximum building height of—

a) for the Business Centre Zone—12m; or
b) for the Visitor Mixed Use Zone—

i. Northern side of Hastings Street—

A. within 7m of the Hastings St alignment
— 6m;

B. balance area of site — 15m with a 12m
presentation to the beach; or

ii. Southem side of Hastings Street—

A. within 10m of the Hastings St or Noosa
Drive alignments — 6m;

B. balance area of site — 15m; or

c) for Attached Housing Zone—12m with
the exception of Lot 603 on SP188270 in

 

Non-Compliant

The proposed dwelling house on
lot 2 is illustrated as a 3 storey
dwelling with a maximum height of
12m (above NGL). This exceeds
the maximum of 2 storeys outlined
within Specific Outcome 7 for the
Detached Housing Zoning and the
maximum building height of 8m as
outlined within Probable Solution
7.1 for the Detached Housing
Zoning.

 

 

7 December 2018

LPC — Noosa Shire Council

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¢ balance area of site — 4
storeys with a 3 storey
presentation to the beach; or
B. Southern side of Hastings
Street—

¢ within 10m of the Hastings
St or Noosa Drive
alignments— 2 storeys; or

¢ balance area of site - 4
storeys; or

iii For Attached Housing
Zone — 3 storeys with the
exception of Lot 603 on
$P188270 in Serenity Close,
where a maximum height of
4 storey is permitted; or

iv For any other zone— 2
storeys;

c) do not visually dominate
the street or surrounding
spaces;

d) preserve the amenity of
surrounding land;

e) respect the scale of
surrounding vegetation;

f) respond to the topography
of the site by minimising cut
and fill (eg. stepping down
the site or using a
suspended pole
construction); and

g) maintain a mature
| vegetated skyline.

 

 

Serenity Close, where a maximum height
of 15m is permitted; or
d) for any other zone— 8m;

 

 

 

Division 15—Specific Outcomes and Probable Solutions for the Detached Housing

Zone

 

SPECIFIC OUTCOMES/ PROBALE SOLUTIONS

COMMENT

 

Consistent Uses

028 The following defined
uses and use classes are
consistent uses and are
located in the Detached
Housing Zone—

a) Commercial business
Type 1 if an estate sales
office;

b) Home-based business
Types 1 or 2;

c) Detached house;

d) Community residence;
and

e) Visitor accommodation
Type 1

$28
No solution provided.

Non-Compliant

The proposal involves the
establishment of Multiple Housing
Type 4 (12 Units) which is not
considered a consistent use within
Specific Outcome 28.

 

Inconsistent Uses

029 The following defined
uses and use classes are
inconsistent uses and are
not located in the Detached
Housing Zone—

a) All Agricultural Uses;

 

 

$29
No solution provided.

 

Non-Compliant

The proposal involves the
establishment of Multiple Housing
Type 4 (12 Units) which is listed as
an inconsistent use within Specific
Outcome 29

 

 

 

7 December 2018

LPC — Noosa Shire Council

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b) Commercial business
unless Type 1 and an estate
sales office;

c) Entertainment and dining
business;

d) Home-based business
Type 3;

e) Industrial business;

f) Retail business;

g) All Community Uses;

h) Service and utility;

i) All Infrastructure Uses

j) Multiple housing; and

k) Visitor accommodation
Types 2, 3 or 4

 

 

 

 

Division 24—Specific Outcomes and Probable Solutions for the Open Space

Conservation Zone

 

PE ol Mi OBALE SOLUTIONS

COMMENT

 

Consistent Uses

097 The following defined
uses and use classes are
consistent uses and are
located in the Open Space
Conservation Zone—

a) Education Type 4, if an
information centre; and

b) Open Space Type 2

$97
No solution provided.

Non-Compliant

The proposal involves the
establishment of Multiple Housing
Type 4 (12 Units) which is not
considered a consistent use within
Specific Outcome 97.

 

Inconsistent Uses

098 The following defined
uses and use classes are
inconsistent uses and are
not located in the Open
Space Conservation Zone—
a) All Agricultural Uses;

b) All Business Uses;

c) Education Types 1, 2 or 3;
d) Education Type 4, except
if an information centre;

e) Emergency services;

f) Open space Type 1;

g) Wellbeing;

h) All Infrastructure Uses;
and

i) All Residential Uses

$98
No solution provided.

Non-Compliant

The proposal involves the
establishment of Multiple Housing
Type 4 (12 Units) which is listed as
an inconsistent use within Specific
Outcome 98

 

Built Form

099 Buildings and other
structures are designed and
sited—

a) to be accessible to the
public;

b) to provide suitable
landscape treatment,
seating, lighting and other
amenities conducive to

community interaction,
convenience and_ public
safety; and ©

c) to not dominate or detract
from__the scenic _ and

 

 

 

Non-Compliant

The proposal involves — the
establishment of Multiple Housing
Type 4 (12 Units) plus 2 dwellings
houses all to be provided in the
form of private tenure. No access
to the public will be provided.

 

 

7 December 2018

LPC — Noosa Shire Council

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environmental qualities of
the site and its setting; AND

0100The external colour
scheme of buildings and
other structures blends with
the natural elements of the
surrounds.

 

 

 

 

Demonstrated above, the proposal triggers multiple non-compliances with the Specific
Outcomes of the Noosa Heads Locality Code. As directed by the Planning Act 2016, the
proposal will need to demonstrate compliance with the Overall Outcomes of the Noosa Heads
Locality Code. Please see outlined below the various non-compliances with the Overall

Outcomes of the Noosa Heads Locality Code.

Division 14—Overall Outcomes for the Noosa Heads Locality

 

| OVERALL OUTCOMES

COMMENT

 

g) Noosa Hill is maintained as the predominant landscape
feature of the locality forming the skyline and backdrop
for much of the residential and visitor neighbourhoods;

Non-Compliant

The proposal proposes significant vegetation
clearing of the Noosa Hill, majority of which is
zoned Open Space Conservation specifically to
facilitate the overall intent of the Noosa Heads
Locality Code as a strong held desired outcome.

 

e) Land having environmental and cultural heritage
values is protected and maintained for future
generations, including—

i. Noosa National Park and Keyser Island and Weyba
Creek conservation parks;

ii. the vegetated hills that frame Noosa Heads, Laguna
Bay, Noosa Inlet and Hastings Street;

iii. Noosa Spit, Noosa Woods, the beaches and
foredunes;

iv. foreshore areas along Noosa River, Lake Weyba,
Weyba Creek and their associated riparian communities;
v. Lions Park and Weyba Park; vi. the koala corridor
between the various parts of the Noosa National Park and
vegetation stands around Lake Weyba;

vii. vegetated drainage lines through residential estates;
viii. private land with native vegetation communities; and
ix. heathland areas of Girraween Estate;

 

 

Non-Compliant

The Overall Intent of the Noosa Heads Locality
Code has specifically identified the vegetated
hills that frame Noosa Heads as containing
environmental values desired to be protected.
Again, this has given justification for Council
zoning of the site as Open Space Conservation
designed to achieve the desired intent of the
Noosa Heads Locality Code.

 

 

7 December 2018

LPC — Noosa Shire Council

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h) Key vegetated landscapes are protected

i. significant stands of vegetation in the conservation
reserves and in areas that are poorly drained or on very
steep or inaccessible land;

ii. mangroves that fringe many of the watercourses,
including remnant stands in Noosa Inlet and along
Weyba Creek;

iii. melaleuca stands, which were once common in the
floodplain areas, now mainly confined to public lands; iv.
remnant rainforest stands in the conservation reserves
and in the gullies associated with the headland;

v. heath and sedge lands that fringe many of the
watercourses associated with significant peat beds in the
east of the locality;

vi. the area between Noosa National Park and the
vegetation stands around Lake Weyba comprising part of
a significant koala habitat corridor;

Non-Compliant

Again, the overall desired intent for the Noosa
Heads Local has specifically identified that
significant stands of vegetation in areas on very
steep land are to be protected. As made evident
within the Planning Report and_ specialist
reporting, the site is extremely steep and is
heavily vegetated. This has given rise to the
Zoning of the site as Open Space Conservation
designed to achieve the desired intent of the
Noosa Heads Locality Code.

 

nn) For the Detached Housing Zone—Detached housing
prevails which maintains—

i. a low impact, low density development form of
domestic scale;

ii. a high level of residential amenity;

iii. allotment sizes and densities which are consistent
with the character of the particular neighbourhood;

iv. building styles befitting the character of the locality
and which respond to, and are integrated with, site
characteristics including slope, vegetation and water
frontage where applicable; and

v. landscaping amongst buildings, retaining trees and
vegetation wherever practical; :

Non-Compliant

The proposed dwelling house on lot 2
(predominantly zoned Detached Housing) is
illustrated as a 3 storey dwelling with a maximum
height of 12m (above NGL). This exceeds the
maximum of 2 storeys outlined within Specific
Outcome 7 of the Noosa Heads Locality Code for
the Detached Housing Zoning and the maximum
building height of 8m as outlined within Probable
Solution 7.1 for the Detached Housing Zoning.

Detached dwellings on all of the surrounding
allotments achieve a building height of no more
than 2 storeys and 8m from NGL. This
demonstrates that the proposed dwelling on lot 2
does not benefit the character of the locale, in
fact it will have a detrimental impact on the
amenity of neighbouring properties with specific
reference to existing significant view lines.

 

 

ww) For the Open Space Conservation Zone—natural
environmental values of high order and warranting
conservation status are—

i protected for their importance in contributing to
ecological sustainability including maintenance of water
quality and provision of habitat and open space linkages;
and

ii appropriately managed to the general exclusion of
development or any further subdivision of freehold lots.

 

Non-Compliant

The Multiple Housing Type 4 (12 Units) portion
of the proposal is sited entirely on the part of the
site zoned Open space Conversation (which is
majority of the site). The proposal is a clear
significant intensification of development on the
portion of the site zoned Open space
Conversation and will result in a significantly
reduced habitat and open space linkage through
extensive vegetation clearing.

 

 

7 December 2018

LPC — Noosa Shire Council

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Due to the multiple non-compliances with the Overall Intent of the Noosa Heads Locality Code,
the proposal must be consistent and achieve compliance with the overarching Desired
Environmental Outcomes of the Noosa Plan 2006 (last amended 8 June 2018). Please see
below specific non-compliances with the Desired Environmental Outcomes of the Noosa Plan

2006:

 

DESIRED ENVIRONMENTAL OUTCOME

COMMENT

 

g) OPEN SPACE, ENVIRONMENT &
CONSERVATION FUNCTIONS

Networks of open space and natural habitat, vegetated
lands, wetlands, watercourses and riparian zones are
sensitivity managed and protected and avoid as far as
practicable or, where avoidance is not practicable,
minimise adverse impacts resulting from development
by-

i protecting and managing the natural environment in a
way that—

a. supports the economy through the tourism industry
and contributes to the region’s competitive advantage
and lifestyle;

b. maintains and improves landscape character and
visual amenity;

c. builds ecological resilience and capacity to adapt to a
changing climate;

d. provides passive, nature-based recreation and
educational opportunities including appropriate eco-
tourism facilities;

e. defines the boundaries to or of each of the distinct
urban localities of Noosa Shire; and

f. provides linkages beyond Noosa Shire’s boundaries;

ii ecologically important areas being protected,
rehabilitated and enhanced including their condition,
extent, diversity and connectivity to maintain and
improve biodiversity, landscape stability, resilience and
ecological integrity of the natural environment;

iii koala habitat, connectivity and safety being maintained
and improved, contributing to a net gain in koala habitat
assisting with the long term stabilisation and recovery of
viable populations across Noosa Shire, Sunshine Coast
and South East Queensland;

iv koala habitat offsets being applied only as a last resort
and achieving an equivalent or better environmental
outcome and additional protection to environmental
values at risk or additional management actions to
improve environmental values;

v terrestrial and aquatic biodiversity values and water
quality within the Noosa River system being protected; vi
natural waterways and wetlands being maintained in
their natural state with development providing for

 

 

Non-Compliant

The proposal has not demonstrated that adverse
impacts on the environment have been avoided
as far as practicable as it involves the
establishment of an inconsistent use (Multiple
Housing Type 4) on land zoned Open space
Conversation resulting in significant vegetation
clearing to facilitate construction of the dwellings
and further vegetation clearing to establish
adequate bushfire hazard setbacks.

The proposal does not improve the landscape
character or visual amenity of the Noosa Hill,
which has specifically been identified within the
Noosa Heads Locality Code as an area of
environmental significance that required
protection.

The proposal results in significant vegetation
clearing on an ecologically important area
impacting on variously flora and fauna community
residing in the established vegetation (as
identified within ecological assessment).
Additionally, the vegetation clearing further
reduces the ecological linkages of the site to other
important areas of environmental significance. No
Vegetation Re-habitation Plan as been provided
by the Applicant to demonstrate an off-set to the
proposed vegetation clearing, nonetheless, as
the proposal stands, it would be near impossible
to provide the required amount of re-habitation
areas to sufficiently off-set (on site) the extensive
vegetation clearing proposed.

 

 

7 December 2018

LPC — Noosa Shire Council

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rehabilitation and enhancement to improve ecological
functioning and water quality;

vii constructed water bodies including canals not being
created except where maintained as private assets and
used for other than water treatment purposes;

viii protecting and improving the quality of ground and
surface water in a manner that ensures its long term
environmental values, ecological integrity and
sustainability;

ix maintaining coastal foreshores including near shore
marine environments, beaches, dunes, rocky headlands,
beaches and river mouths in their natural state;

x ensuring development protects coastal resources and
values and provides for physical coastal processes to
occur naturally where adverse impacts are avoided as far
as is practicable, or where avoidance is not practicable,
minimised and mitigated;

xi maintaining the conservation of high proportions of
vegetated land, as compared to developed land, to
distinguish Noosa Shire from other parts of south-east
Queensland;

xii maintaining the distinct vegetated character of Noosa
Shire and the retention of natural vegetation and
landscaping with native species;

xiii protecting sensitive areas of native bushland from the
impacts of urban activities such as domestic animals,
escaped garden weeds, fertilisers and stormwater run-
off;

xiv increasing the amount of land protected for
conservation purposes under public ownership that
ideally represent the full range of habitats and species
found across Noosa Shire, forming corridors for the safe
movement and successful breeding of wildlife within the
Shire and beyond;

xv the integrity of conservation reserves being supported
by wider networks of open space across Noosa Shire and
beyond, comprising both natural habitat and areas
capable of regeneration or rehabilitation;

xvi the upper reaches of the Noosa River remaining
substantially undeveloped and development in the lower
reaches being consolidated within existing settlements

 

The proposal involves significant vegetation
clearing on land identified as Open space
Conversation which has been identified within the
Noosa Plan 2006 has not being suitable for
development.

As outlined within the Ecology Assessment
lodged as part of the development application, the
proposal will result in the increase of domestic
dogs and cats on site that prey on native fauna
and may have significant impacts on the
populations of native species. The proposed
development may increase the rate by which non-
native predators such as dogs and cats are
introduced into habitats retained on the site or
adjoining the site

The land proposed to be transferred to Council for
public ownership does not represent a safe
movement corridor for wildlife as the existing
vegetation on the site will be significantly cleared
to establish the proposed development prior to
transfer of land to Council. The transfer of land to
Council should be in line with the zoning mapping
of the site, with particular reference to the Open
space Conversation zoning.

 

 

7 December 2018

LPC — Noosa Shire Council

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to protect the integrity of core habitats within
ecologically important areas and connecting linkages;
and

xvii development not impacting on views and vistas that
characterise particular localities in Noosa Shire including
views to or from watercourses, beaches or riparian
corridors avoiding visual scarring of the hill slopes

 

The proposal involves in significant vegetation
clearing on the Noosa Hill, resulting adverse
impacts on views and vistas and visual scaring of
the Noosa Hill.

 

 

7 December 2018 LPC — Noosa Shire Council Page 12

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Conclusion:

Locality Planning and Consulting have been engaged by a local resident and property owner
to lodge a formal submission against Development Application MCU18/0015 lodged to Noosa
Shire Council. This submission has clearly demonstrated that the current proposal does not
conform to not only the planning intent of the local area, but the over-arching principles of the
Noosa Plan 2006 and should be refused by Council on Planning Grounds.

The current concerns regarding the proposed development, are all legitimate in that they
highlight the conflicts with the planning scheme and how the proposal diminishes the existing
residents amenity and locale. In summary ;

The proposed development is clearly in conflict with the entire Planning Scheme intent;
The proposed development poses a significant detrimental impact on the existing
amenity of neighbouring properties and if approved diminishes their values;

Is significantly harmful in its impacts on established vegetation on site;

Is significantly harmful in its impact on native fauna with particular reference to the
Grey-headed Flying Fox, as outlined within ecology assessment and Native Wallaby
and Koala as seen regularly by local residents;

The steep grade of the site is unsuitable for the proposed development, without
extensive earthworks and subsequent negative environmental impacts;

The proposal is overdevelopment of the site compared to its existing zoning intent;
and

Subsequent increased traffic movements and their negative impacts from additional
vehicle trips generated by the proposal and lack of in-depth assessment creates safety
and liveability concerns.

Yours faithfully

Jason Hague
LOCALITY PLANNING & CONSULTING

106/45 Brisbane Road
Mooloolaba, QLD, 4557

5479 1771 or 0429 933 452.

 

7 December 2018 LPC — Noosa Shire Council Page 13