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2021-08-10 Planning & Environment Committee Meeting Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 10 August 2021
commencing at 9.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart, Tom Wegener
“Noosa Shire – different by nature”
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Full text of sections 2 to 94 (of 165)
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 PRESENTATIONS 3
4 DEPUTATIONS 3
5 REPORTS FOR CONSIDERATION OF THE COMMITTEE 4
1 MCU17/0530 - REQUEST REIMBURSEMENT OF 50% OF THE COST OF
DECOMISSIONING TANKS IN ROAD RESERVE AT 34 MAPLE STREET,
COOROY 4
2 MCU17/0025.01 AND OPW17/0095.01 - APPLICATION FOR EXTENSION TO
CURRENCY PERIOD FOR A DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE OF PREMISES - INDUSTRIAL BUSINESS TYPE 1 -
WAREHOUSE AND OPERATIONAL WORKS APPROVAL (ADVERTISING
DEVICES) AT 62 – 66 RENE STREET, NOOSAVILLE 8
3 MCU21/0071 – APPLICATION FOR A MATERIAL CHANGE OF USE – FOOD
AND DRINK OUTLET AND SHOP AT 1/10 THOMAS STREET, NOOSAVILLE 25
4 MCU21/0054 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF
USE – SHORT TERM ACCOMMODATION AT 30 KINGFISHER DRIVE,
PEREGIAN BEACH 48
5 MCU21/0079 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF
USE – SHORT TERM ACCOMMODATION AT 4 TEAL STREET, PEREGIAN
BEACH 65
6 UPDATE TO INFRASTRUCTURE CHARGES RESOLUTION 80
7 CLIMATE CHANGE RESPONSE PLAN AND COMMUNITY CONSULTATION
SUBMISSIONS 84
8 NOOSA TRAIL MASTERPLAN UPDATE 96
9 FRYING PAN PUBLIC FORESHORE INFRASTRUCTURE 109
6 REPORTS FOR NOTING BY THE COMMITTEE 114
10 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JUNE
2021 114
11 NOOSA RVER STAKEHOLDER ADVISORY COMMITTEE UPDATE 133
12 ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE
– 4TH QUARTER 2020-21 149
7 CLOSED SESSION 165
Page 2 of 165
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Planning & Environment Committee Meeting held on 6 July 2021 be
received and confirmed.
3 PRESENTATIONS
Nil.
4 DEPUTATIONS
Nil.
Page 3 of 165
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
5 REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU17/0530 - REQUEST REIMBURSEMENT OF 50% OF THE COST OF
DECOMISSIONING TANKS IN ROAD RESERVE AT 34 MAPLE STREET, COOROY
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development Department
Index ECM/ Application No/ MCU17/0530
Attachments Nil.
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 10 August 2021 and agree to reimburse 50% of the cost of
decommissioning the underground tanks in the road reserve at 34 Maple Street, Cooroy to Madill
Motors Pty Ltd being $5,075.12.
REPORT
An application to convert an existing building at 34 Maple Street, Cooroy to a bakery and restaurant
was approved at Council’s Ordinary Meeting on 21 December 2017 subject to a number of conditions
including requirements to remove a petrol bowser and decommission underground tanks located
within the Maple Street road reserve:
15. Within three months of the date of this approval a detailed site contamination assessment
report prepared by a suitably qualified and experienced person in accordance with the
procedures and practices detailed in the National Environment Protection (Assessment of Site
Contamination) Measure 1999 (NEPM) must be prepared and submitted to Council. The
report must conclude:
a. whether any site contamination associated with the dangerous goods infrastructure
within the road reserve is causing, or is likely to cause, ‘environmental harm’ (as defined
under the Environmental Management and Pollution Control Act 1994); and
b. whether any site contamination associated with the dangerous goods infrastructure
within the road reserve presents an occupational health and safety risk to workers
involved in redevelopment of the site.
If the assessment report concludes that remediation and/or management strategies are
necessary to avoid risks to human health or the environment, a proposed remediation and/or
management plan must also be submitted to Council. Any remediation or management plan
involving soil disturbance must include a detailed soil and water management plan to prevent
off-site transfer of potentially-contaminated soil or stormwater.
NB: It is mandatory for any contaminated land investigation documents, including investigation
reports, validation reports and draft site management plans to be certified by an approved
auditor and must have approval from the Department of Environment and Heritage and
Protection (DEHP). DEHP have list of approved auditors.
Page 4 of 165
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
16. Ensure that all disused underground hazardous chemical storage tanks comply with the
requirements of the Work Health and Safety Regulations section 366, including.
a. Advise Workplace Health & Safety Queensland (WHSQ) that the tank(s) are no longer
required and,
b. Within 6 months of the date of this approval, supply Council with certification from WHSQ
that all underground tanks have either been removed or are decommissioned in
accordance with the legislative requirements.
17. Within 6 months of the date of this approval the petrol bowser within the road reserve must be
removed.
Figure 1: Locality Plan
At the time of deciding the application there was much discussion about the reasonable and
relevance of the conditions with a legal opinion obtained for Council that the conditions were
appropriately responding to the application for a material change of use of the site.
The applicant, being the operator at the time, accepted the conditions in order to open the business
but indicated that they intended to later seek Council’s further consideration of these conditions.
The operator subsequently commenced operations and continued the business up until around the
end of 2019, early 2020 with these conditions, along with other conditions remaining unfulfilled.
During this time a number of meetings and formal notices were issued to the operator and the owner,
with the bowser and particularly the underground tanks considered a significant safety issue, for
which Council was potentially a party to given their location in the road reserve. At the time as a
means of resolving this matter and addressing the safety issues, officers advised the operator and
owner that an option may be to pay Council 50% of the cost of decommissioning the tanks. Council
would then engage an appropriate contractor to undertake the works. This though would be subject
to a report to Council and decision by the Council.
Since the closure of the business, the owner, sought to bring the site into compliance and in 2020
had the bowser removed and the tanks decommissioned and in April 2020 requested that Council
reimburse 50% of the cost of decommissioning the tanks.
A tax invoice (amounting to $10,150.25) for the works has been received, with a certificate provided
confirming the works were appropriately completed. The land has since sold and the previous
owners (Madill Motors Pty Ltd) are now seeking to finalise this matter and identified that they had
not had a response to their request for reimbursement.
Page 5 of 165
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Accordingly it is appropriate that Council review the request and decide the matter. The following
points are made for Council’s consideration:
• The bowser and underground tanks were approved on the road reserve by Council as part of
the previous use of the site for a service station.
• The approval for the bowser and underground tanks did not include a requirement to remove
them at the cessation of the use, though perhaps this was implied.
• Prior to the lodgement of the development application for the bakery and restaurant formal
notices by Sunshine Coast Regional Council’s Environmental Health Officers were issued to
the service station operator to remove the bowser and decommission the tanks, but these
notices were not acted upon and changes to legislation occurred.
• Council’s Environmental Health Officers previously advised that the underground tanks did
present a significant safety issue as there would likely be fumes still existing in the tanks and
potential for leakage from the tanks and it was important that this matter be resolved as soon
as possible.
• The cost of undertaking the works is generally consistent with preliminary estimates officers
had obtained for the works.
• A number of conditions of the development approval for the bakery and restaurant still remain
outstanding including dedication of 1.5m of the site for widening of Wimmers Lane, with the
required rear car park converted to outdoor dining.
It is considered that Council should reimburse the owner 50% of the cost of the works for
decommissioning the underground tanks given the then owner acted reasonably in trying to address
the outstanding conditions of the approval and resolve a safety matter promptly.
Previous Council Consideration
Ordinary Meeting Minutes, 21 December 2017, Item 7, Page 6
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 12 December 2017 regarding Application No. MCU17/0530 for a Development Permit
for Material Change of Use - Entertainment & Dining Business Type 1 Food & Beverage situated at
34 Maple St Cooroy and:
A. Approve the application in accordance with the conditions contained in the Planning &
Environment Committee Agenda dated 12 December 2017.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Finance
The cost of reimbursing the owner is 50% of $10,150.25, which is equivalent to $5075.12. This cost
is minor and will be absorbed within the current 2021/22 Development Assessment branch budget.
Risks & Opportunities
There is limited risks for Council given the underground tanks have now been decommissioned and
there is no obligation on Council to agree to reimburse 50% of the cost of the works.
Non-compliance with outstanding conditions will need to be resolved with the new property owner
and operators.
Consultation
External Consultation - Community & Stakeholder
Nil
Page 6 of 165
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer x Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
x Waste & Environmental Health Property
Revenue Services
Executive Services x Environment & Sustainable Development x Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning x Infrastructure Planning,
Design and Delivery
Page 7 of 165
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
2 MCU17/0025.01 AND OPW17/0095.01 - APPLICATION FOR EXTENSION TO CURRENCY
PERIOD FOR A DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF
PREMISES - INDUSTRIAL BUSINESS TYPE 1 - WAREHOUSE AND OPERATIONAL
WORKS APPROVAL (ADVERTISING DEVICES) AT 62 – 66 RENE STREET, NOOSAVILLE
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/Application/ MCU17/0025.01 and OPW17/0025.01
Attachments 1. Approved Plans
APPLICATION DETAILS
Applicant Sharpe Enterprises P/L TTE
Proposal Extension to Currency Period
Development Approval Material Change of Use - Extension to Currency Period
PROPERTY DETAILS
Property Address 62 Rene St NOOSAVILLE QLD 4566
64-66 Rene St NOOSAVILLE QLD 4566
RP Description Lot 59 RP 228906
Lot 280 SP 104321
Land Area 2096 Square Metres
4050 Square Metres
Existing Use of Land Industrial Business Type 1 – Warehouse (Self Storage –
‘OnGuard Storage’)
STATUTORY DETAILS
SEQRP Designation Urban
Locality Noosaville
Zone Medium Impact Industry
Overlays Land Subject to Acid Sulfate Soils – Above 5m AHD
Bushfire Hazard – Potential Impact Buffer
Assessment Type Minor Change to Approval
Page 8 of 165
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 10 August 2021 regarding Application No. MCU17/0025.01 for an extension to the
currency period for a Development Permit for Material Change of Use for Industrial Business Type
1 Warehouse and OPW17/0095 for Operational Works (Advertising Devices) situated at 62 and 64-
66 Rene Street, Noosaville and:
A. Approve the extension to the currency period to 21 December 2022.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks an extension to the currency period for development approval MCU17/0025
Material Change of Use for Industrial Business Type 1 Warehouse and OPW17/0095 for Operational
Works (Advertising Devices) at 62 and 64-66 Rene Street, Noosaville. The current approval was
issued on 21 September 2017 and was due to lapse on 21 September 2021. This currency period
was extended automatically by 6 months under the Planning Act 2016, which declared COVID-19
an applicable event. This means the development approval will lapse on 21 March 2022 unless this
application is approved by Council. The applicant seeks a further 9 month extension until 21
December 2022
In support of the extension to currency period the applicant has submitted the following details:
a. The lapsing date may not allow sufficient time to attain relevant operational works approvals,
building approvals, commence construction and commence the use.
b. The owner states they have experienced delays in relation to Unitywater and delays due to the
current construction boom.
c. Covid 19 has increased issues with supply chains, and financiers are seeking assurances that
the project will have a current approval for the site.
d. The applicant applied for a Development Permit for Operational Works (OPW21/0103) for
stormwater, landscaping, earthworks and roadworks (which was lodged in April 2021), and
intends to commence works as soon as the approval is issued. The approval was issued by
officers on 20 July 2021.
2. BACKGROUND
A development approval for a Material Change of Use for Industrial Business Type 1 Warehouse
and OPW17/0095 for Operational Works (Advertising Devices) was issued on 21 September 2017.
The approved facility at 62 Rene Street comprises a 3 storey building partially excavated into the
site with the basement level to be utilised for the storage of bulky goods such as boats, trailers,
vehicles and the like. The ground and first floor is intended to be used for general self-storage with
units ranging in size from 5.7m2 to 24m2. The building will have a total floor area of 4,159m2 and an
associated use area of 3,467m2. Access arrangements comprise a rear entry driveway which
circulates via the adjoining lot (64 – 66 Rene Street).
The approval also includes Operational Works for Advertising Devices for various wall signs across
the three buildings over both sites (62 & 64-66 Rene Street). More specifically, approval was issued
for 10 existing wall signs currently installed and operational on Building 1, two wall signs on Building
2 and three proposed wall signs to be fixed to Building 3 at 62 Rene Street. The signage for buildings
1 and 2 have previously been completed.
The approved signage for building 3 includes:
Page 9 of 165
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
It is noted that under the current Subordinate Local Law 1 the signage approved for building 3
complies with the requirements set out in the General Criteria including a maximum sign face of 6m 2
per sign within the Noosaville Industrial Zone.
A further Development Permit for Operational Works - Earthworks, Landscaping, Roadworks and
Stormwater was issued on 20 July 2021.
A locality plan and approved plans are provided as follows:
Figure 1: Locality of subject site
Page 10 of 165
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Figure 2: Site Plan
Figure 3: Basement Floor Plan
Page 11 of 165
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Figure 4: Ground Level Floor Plan
Figure 5: Upper Level Floor Plan
Page 12 of 165
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Figure 6: Elevations
2.1. Site description
62 Rene Street
Existing buildings generally comprising sheds and unenclosed car ports have been developed
across the lot. The site has been mostly sealed and an existing drainage easement is located in the
south-western corner.
The land naturally slopes from north to south, down from Rene Street.
64 - 66 Rene Street
The lot has in recent times been redeveloped for storage units. Existing buildings onsite include two
multi-level self-storage facilities. Two crossovers have been developed off Rene Street which
provides access and circulation throughout the site. The use is currently operational.
A drainage easement is located in the south-eastern corner of the site and the land naturally slopes
from north to south.
2.2. Surrounding Land Uses
Adjoining land uses include a civil and electrical contractor (Hendrie Brothers) to the west and a
concrete batching plant to the east. A Council owned access lane is located in between 62 and 64-
66 Rene Street which provides access from Rene Street to a reserve to the rear. The lane is intended
to provide access to the reserve to undertake maintenance.
Lots in the immediate area are zoned Medium Impact industry and Low Impact Industry along with
low density residential within the neighbourhood of Lake Entrance Boulevard to the west of the
industrial precinct as demonstrated within Figure 7 below.
Page 13 of 165
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Figure 7: Noosa Plan 2020 Zoning within the locality of subject site
3. ASSESSMENT
The applicant has requested an extension to the currency period to the development approval under
section 86 of the Planning Act 2016. Pursuant to section 87 of the Planning Act 2016 (PA):
(1) When assessing an extension application, the assessment manager may consider any matter
that the assessment manager considers relevant, even if the matter was not relevant to
assessing the development application.
The matters which are considered to be relevant to the assessment of the application are discussed
in detail below:
The current development approval was assessed under the now superseded Noosa Plan 2006 which
detailed that a warehouse (self storage) was a consistent code assessable application. In
comparison the Noosa Plan 2020 now includes the site in Medium Impact Industry zone which details
self storage facilities as inconsistent and impact assessable uses.
The Noosa Plan 2020 Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Medium Impact Industry. The
proposed use Warehouse (self storage facility) is identified as an inconsistent use with the zone.
With regards to the Purpose and Overall outcomes for the zone the Noosa Plan includes:
The purpose of the Medium impact industry zone is to provide for—
a) medium impact industry; and
b) other uses and activities that—
i. support industry activities; and
ii. do not compromise the future use of premises for industry activities.
The overall outcomes sought for the Medium impact industry zone are as follows: -
a) development facilitates the efficient use of land for medium impact industries and
supporting ancillary uses;
Page 14 of 165
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
b) incompatible uses, or uses which are more appropriately accommodated in other zones are
avoided to protect land for medium impact industry activities and to ensure the continued
efficient operation and viability of existing and future industry uses;
…
i) warehouses for self-storage facilities are avoided to protect industrial land from
underutilisation;
The approved development of self-storage warehouse is not compatible with the purpose or overall
outcomes of the Medium Impact Industrial zone. Overall outcome j) specifically states that
warehouses for self-storage are avoided to protect industrial land from underutilisation to ensure
land continues to be available for industrial businesses to support Noosa’s economy and provide
employment for residents. While self storage facilities have traditionally located in industrial uses,
they are not an industrial activity in nature and employed limited persons. This underutilisation of the
land could comprise the future use of the land for industry activities and does not support the purpose
and overall outcomes of the zone. This is further reiterated within Specific Outcome 3 of the zone
code which states warehouse development is not for self-storage facilities. The approved use would
therefore be considered in conflict with the Noosa Plan 2020.
Planning Act 2016
Currency periods are intended to ensure development approvals are subject to lapsing
arrangements to ensure that development conforms to current public expectations about the nature
and standard of development and changes to planning requirements. However, the ability for the
assessment manager to vary the currency period as part of the development approval is important,
as the nature, scale and staging of development can vary greatly across development approvals.
Currently, the default currency period for a material change of use is 6 years under the provisions of
the Planning Act 2016. This is longer than the currency period for other development and the former
Sustainable Planning Act 2009, because the Planning Act acknowledges that in many circumstances
the establishment of a new use will require other development approvals to be obtained after the
material change of use has been approved. It is therefore necessary that the currency period of the
material change of use approval be long enough to cover the work approvals being obtained and
acted upon before the use actually starts.
In this case, a development permit for MCU17/0025 was issued under the Sustainable Planning Act
with a default currency period of 4 years. As was described within the proposal details the owner
has experienced delays associated with Covid 19 and despite this has pursued obtaining an approval
for Operational Works as part of the further development permits that were required.
This development permit allows for the sequential extension to the already operating self-storage
business on adjoining lots. The applicant is requesting a minor extension of time to the currency
period, due in some ways to circumstances outside of their control. The applicant could also have
lodged an application for self storage in 2018 and received an approval which would be current until
2024 beyond the modest extension requested by the applicant.
4. CONCLUSION
The application for an extension to the currency period for MCU17/0025 Material Change of Use for
Industrial Business Type 1 Warehouse and OPW17/0095 for Operational Works (Advertising
Devices) at 62 and 64-66 Rene Street, Noosaville is recommended for approval. Despite the
approved use Warehouse (Self Storage) being an inconsistent use under the current Noosa Plan
2020, it is considered the extension sought is warranted, given the applicant has obtained an
Operational Works approval, the request is due in some ways to circumstances outside their control
and the requested extension time frame is minor (9 months).
Page 15 of 165
Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 16 of 165
Section 17
ATTACHMENT 1
Page 17 of 165
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Page 20 of 165
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Page 23 of 165
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olSection 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
3 MCU21/0071 – APPLICATION FOR A MATERIAL CHANGE OF USE – FOOD AND DRINK
OUTLET AND SHOP AT 1/10 THOMAS STREET, NOOSAVILLE
Author Development Planner, Will Koschade
Environment and Sustainable Development Department
Index ECM / Application / MCU21/0071
Attachments 1. Infrastructure Agreement
APPLICATION DETAILS
Applicant TTF P/L ATF The Tony Fitzgerald Family Trust
Proposal Material Change of Use - Food and drink outlet and Shop
Properly Made Date 15 April 2021
Information Request Date 14 May 2021
Information Response Date 4 June 2021
Decision Due Date 20 August 2021
Number of Submissions Not applicable
PROPERTY DETAILS
Property Address Noosaville Plaza
10 Thomas Street, Noosaville
1/10 Thomas Street, Noosaville
RP Description Lot 0 on SP100808
Lot 1 on SP100808
Land Area 43m² (plus 24m2 outdoor dining)
Existing Use of Land Mixed use retail
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation
Precinct Not applicable
Local Plan Area Noosaville
Overlays Acid Sulfate Soils (5m AHD or below)
Assessment Type Code
Page 25 of 165
Section 26
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee
Meeting dated 10 August 2021 regarding Application No. MCU21/0071 for a Development Permit
for a Material Change of Use - Food and drink outlet and Shop situated at Noosaville Plaza 10 and
1/10 Thomas St, Noosaville and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the use
continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
3-10THOM-L1 C Site Proposal Plan, prepared by Neil Blamey 26 May 2021
3-10THOM-L2 A Landscape Plan, prepared by Neil Blamey 26 May 2021
Nature and Extent of Approved Use
3. The approved use must not operate outside the hours of:
a. 6am to 10pm Monday to Thursday
b. 6am to 12am Friday and Saturday
c. 9am to 10pm Sunday or any public holiday
4. The requirements of this condition must be included in the Community Management
Statement for any body corporate for the subject site.
5. Service vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not
at all on Sundays or public holidays. The requirements of this condition must be included
in the Community Management Statement for any body corporate for the subject site.
6. The outdoor dining area must not exceed 24m2 as shown on the approved plans.
Building Appearance
7. All mechanical equipment and other service infrastructure located on the site must be:
a. located not less than 2 metres from a property boundary
b. fully enclosed or screened such that they are not visible from the street frontages
nor adjoining properties. Where screened by landscaping, landscaping beds must
be at least 1.5 metres wide.
No part of the site may be used for outdoor storage of materials unless specified on the
Approved Plans or the conditions of this Decision Notice.
Currency Period
8. This development approval lapses if the use has not happened by 20 August 2027,
unless an application to extend the currency period is approved by Council.
Page 26 of 165
Section 27
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Performance Bond
9. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to
the commencement of the use. The cash bond or trading bank guarantee will be returned
on performance of the conditions of approval less any costs incurred by Council in
respect of enforcing performance of this permit. Council reserves the right to call upon
the bond or guaranteed sum to effect compliance with conditions.
Water & Sewer Connections
10. An underground connection to reticulated water and sewerage must be provided to the
development site in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
Landscaping Works
11. The development site must be landscaped. The works must be undertaken in
accordance with the Noosa Plan for that specific area and must include in particular:
a. the works shown on the Approved Plans including species and spacing as detailed
on the Landscape Plan.
12. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures healthy,
sustained and vigorous plant growth. All plant material must be allowed to grow to full
form and be refurbished when its life expectancy is reached.
13. All landscape works must be maintained generally in accordance with the approved
design for the life of the development.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C. Agree to enter into an Infrastructure Agreement with the applicant that provides for
contributions in lieu of one (1) on-site car parking space.
REPORT
1. PROPOSAL
The application seeks approval for a Material Change of Use to establish a Food and Drink Outlet
and Shop at 1/10 Thomas Street, Noosaville. The subject tenancy has a gross floor area of 43m 2
and an external 24m2 dining area (within common property for exclusive use of Lot 1).
Tenancy 1 has been operating as a Food and Drink Outlet for some time, however the existing use
rights of the tenancy are limited to a ‘Shop’. The purpose of the application is to preserve use rights
as a ‘Shop’, but also enable restaurants and cafes to operate from the site. For this reason both a
‘Shop’ and ‘Food and Drink Outlet’ use is stipulated in the application. No building works are
proposed, however, the applicant does offer landscaped embellishments to the front of the site.
As part of the original approval, car parking was provided at a rate of 1 space per 30m2. A ‘Food and
Drink Outlet’ requires parking at a rate of 1 space per 20m2, therefore triggering an additional 1 onsite
car parking space. No additional parking can be provided onsite and therefore the applicant proposes
to pay for a contribution in lieu. The application is before Council due to the requirement for an
Infrastructure Agreement to be entered into which would facilitate the contributions payable for the
1 space shortfall.
Page 27 of 165
Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
The locality and proposal plans are detailed below:
Figure 1 – Locality (outline in red)
Figure 2 – Subject Tenancy (outline in red)
Page 28 of 165
Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Figure 3 – Street view of site
Figure 4 – Floor Plan
Page 29 of 165
Section 30
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Figure 5 – Proposed Landscape Plan
2. SITE DETAILS
2.1. Background
Tenancy 1 has an approval to operate a ‘Shop’. The approval for a Shop was attained as part of the
original application for the Noosaville Plaza development on 15 May 1989 (Ref: DNA146). Under the
Planning Scheme at the time, a ‘Shop’ was defined as “…Any premises used or intended for use for
the purpose of displaying or offering goods for sale to member of the public.” The term exclude
restaurants and cafes.
A restaurant has been operating from tenancy 1 for some time. A restaurant is defined as a ‘Food
and Drink Outlet’ under The Noosa Plan 2020 and therefore retrospective approval is sought to allow
both uses to operate interchangeably.
2.2. Site Description
The site was originally developed in 1989 and comprises a 2 storey building, strata titled into 5
tenancies. The building presents single storey to Thomas Street and two storeys to the rear. A
bricked unenclosed courtyard is centrally located on the site. The development does not include
landscaped setbacks and no buffering is offered to Thomas Street.
2.3. Surrounding Land Uses
The site is located on Thomas Street, in proximity to Gympie Terrace and the Noosa River. The area
consists of a mixture of residential and business uses, including short and long term accommodation,
entertainment, dining and retail businesses.
Page 30 of 165
Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017;
• Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for an urban activity within the Urban Footprint and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are relevant
to the development:
• Tourist Accommodation Zone Code;
• Noosaville Local Plan Code;
• Business Activities Code; and
• Works Codes.
Code Provisions
The subject site is located in Noosaville and is zoned Tourist Accommodation. The proposed use is
identified as a consistent 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:
Built Form
No changes to the built form are proposed as part of this application.
Car parking
The original application for ‘shops and professional offices’ required car parking to be provided at a
rate of 1 space per 30m2 of gross floor area, for a total area of 505m2. A contribution was paid for 17
spaces with no parking provided onsite.
Car parking requirements for a Food and drink outlet under The Noosa Plan 2020 are calculated
based on use area, excluding kitchen and food storage areas (refer to Figure 1).
The proposed change includes a total use area of 56.3m2 for the purposes of Food and drink outlet.
Of the 56.3m2 use area, car parking was provided for a total of 43m2 under the original approval,
calculated at a rate of 1 space per 30m2.
Page 31 of 165
Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Figure 1 – Car Parking Calculation
Noosa Plan 2020
Food and Drink Outlet at 56.3m2 (excluding 10.7m2 kitchen) 1 space per 20m2 2.815
Minus existing car parking for 43m2 of GFA 1 space per 30m2 -1.433
TOTAL 1.382
It is noted that the minimum number of carparks is an Acceptable Outcome under Noosa Plan 2020,
therefore alternative solutions that achieve the outcomes of the planning scheme may be considered
by Council. It is acknowledged that due to existing development onsite, the subject site cannot
provide onsite car parking. In addition, it is considered the locality would benefit more from improved
public transport, pedestrian or cycle facilities compared to the provision of additional car parking
onsite. As such, the applicant has advised that they are agreeable to enter into an Infrastructure
Agreement to make contributions in lieu of car parking. It is therefore recommended Council enter
into an Infrastructure Agreement for one car parking space, at a rate of $15,775.00 per space
(subject to indexation), as per the Contributions in Lieu of the Provision of Onsite Car Parking Council
policy.
Landscaping
Probable Solution S1.1 of the Landscaping Code requires a minimum area of 10% (65m2) of the
site to be landscaped, with the following minimum dimensions:
a) Frontage— average width of 2m; and
b) Side or rear boundaries—3m width along all boundaries that adjoin land in a residential zone.
The original development permit did not condition any onsite landscaping requirements, and
historically, the site has developed to be entirely impervious, with no landscaping provided on site.
It is considered that the site is relatively constrained in regard to opportunities to provide landscaping.
It is noted a number of properties along the eastern side of Thomas Street have been developed
with no or very limited landscaping provided onsite. There is limited landscaping provided along the
centre strip of car parking along Thomas Street, adjacent to the subject site, providing some amenity
to pedestrians.
The proposal plans do however include a 1.3m deep landscaped setback located on a portion of the
site’s frontage to Thomas Street (in front of the outdoor use area). Given the limitations of the site
for the provision of soft scape, the proposed garden bed would provide a visual improvement to the
site and result in a better overall outcome. The garden bed has been conditioned as part of this
approval which includes appropriate species and spacing to provide an improved street presentation.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
4.3. Public Notification
Not applicable
5. CONCLUSION & REASONS FOR DECISION
The proposed development seeks approval for a Material Change of Use to establish a Food and
Drink Outlet and to preserve existing use rights for a Shop over tenancy 1 located at 10 Thomas
Street, Noosaville (Lot 1 SP100808). No building works are proposed, and the application only seeks
approval for the change of use.
Page 32 of 165
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
A Food and Drink Outlet is code assessable development within the Tourist Accommodation Zone
and therefore the proposed use does not conflict with The Noosa Plan 2020. The applicant has
proposed a landscaped bed as an embellishment to the site which would provide a visual
improvement to Thomas Street.
The proposed use triggers one additional car space pursuant to the parking ratio under The Noosa
Plan 2020. The applicant has proposed to enter into an Infrastructure Agreement to pay a
contribution in lieu for the one space shortfall.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 33 of 165
Section 34
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
ATTACHMENT 1
Page 34 of 165
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
ATTACHMENT 1
___ Minutes of the Extraordinary General Meeting for Noosaville Plaza CTS 25371 held 22 July 2021
NOOSAVILLE PLAZA
MINUTES OF THE EXTRAORDINARY GENERAL MEETING OF
THE BODY CORPORATE FOR NOOSAVILLE PLAZA CTS 25371
HELD AT NOOSAVILLE ON THURSDAY 22 JULY 2021 AT 9.00 AM.
PRESENT VLA ZOOM Ross Kingston
Tony Fitzgerald
IN ATTENDANCE Ms Debbie Ratcliffe Body Corporate Manager
LOTS REPRESENTED Via Zoom Lots 1&2
By Voting Paper Lots 1,2,3&4
Apologies Alison Muir
QUORUM
The Chairman declared a quorum was present via Zoom in accordance with the current Covid 19
regulations, the meeting was opened at 9,00 am,
MOTIONS;
1. CONFIRMATION OF MINUTES - Ordinary Resolution
That the Minutes of the Annual General Meeting held on the 19" April 2021 be confirmed as
a true and correct record of the meeting.
MOTION CARRIED YES: 4 NO: 0 ABSTAIN: 0
a: CONSENT TO DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE —
Food & Drink Outlet and Shop - Ordinary Resolution - Motion submitted by Lot 1
Owner TTF Pty Ltd A.C.N 113 667 226 as trustee for The Fitzgerald Family Trust
That the Body Corporate agrees to provide consent to the application being lodged with the
Noosa Council requesting approval for a Development Permit for material change of use for
Lot | Noosaville Plaza CTS 25371(food and drink outlet and shop) as detailed in the Deed as
attached hereto;
And further for the Body Corporate Committee to execute any documents to give effect to the
above resolution.
MOTION CARRIED YES: 4 NO: 0 ABSTAIN; 0
8
CLOSURE: a g
: ey RECEIVED 2)
There being no further business the meeting was closed at 9,10am. a
CHAIRPERSON ef 26 JUL aoa J
\s5, Records éy/
Eee eee Noosa Council
I Debbie Ratcliffe of Sound Body Corporate Management Pty Ltd hereby certifies on behalf of the
Body Corporate for Noosaville Plaza Community Titles Scheme 25371- that this document is a true
copy of the minutes of the Extraordinary General Meeting held on this day 22nd July 2021.
Page 34 of 165Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Page 35 of 165
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
NOOSA SHIRE COUNCIL
TTF PTY LTD AFT THE TONY FITZGERALD FAMILY TRUST
BODY CORPORATE - NOOSAVILLE PLAZA
INFRASTRUCTURE DEED IN RESPECT OF PAYMENT OF CONTRIBUTIONS
IN LIEU OF OFF-STREET PARKING FOR A DEVELOPMENT PERMIT FOR:
MATERIAL CHANGE OF USE - FOOD AND DRINK OUTLET AND SHOP
DEVELOPMENT PERMIT: MCU21/0071
Page 35 of 165Section 36
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
CONTENTS
1 INTERPRETATION------------------------------------------ == anne enna 3
1.1 Nature: Of 0606 jscescncucisiianininciiin iene IS
12 Cormivienceinenl 2o5303iee ea ee eS
1.3 RINNE IIIS acess. nnerenssgapecn an.90SiiGis TANI 5 SEAT ee RRL RT NUNIT CREED
14 ETT NONI ssassocscsnnspasaninssas pnscomeneopoanssistis os sidascsasaNanatecpauseseepiaasesonentessstbumidesasespaenennsay A
1.5 Dr EONS isis asics cass cassie passa eaachdnwaneuiopncacecauenesans cesuaebeasuastveuteanatcaue
1.6 Riohis and Oblgutione:s.5siis a
2 INFRASTRUCTURE DEED ---------——-----------------------_----------_-----------_-----------6
2.1 PNT TP isaac cates aced sands eaeeanccao a ania Gabbana nas pa bRbnopshameaneeO
2.2 Warranty Of Curses ei iia ise eas aR RRS
2.3 Deed to bind successors im tithe 2.0... occ cece ceceeteeeeeeeeesesteetseeeteeeteeeeeeee
24 Deed conditional upon approval of Development Application ..............................6
3 INFRASTRUCTURE CONTRIBUTION--—----—----—----—------------—----—___----—_---------—-6§
3.1 Infrastructure Agreement overrides Development Permit -...............0.000cc eee 6
3.2 Contribution in lieu of off-street parking .............0....0.c:c cece cece eeeeeesre eee B
3.3 Indexed Infrastructure Contribution in lieu of off-street parking....0..0..0.00000.0..6
3.4 RMAWS TEM SINNER ss cis kaa cca cs chara casas co adevicoseto tacatrnactccasnchuas che Wutveastatucesea pene
3.5 Payment to COUnCil............cccscccsesessesrerssereeseresecsesnteseetesestesenereoseetenetecseanseeseeeeseee
4 GOODS AND SERVICES TAX-------—-----------_----_---—-----------_----------_-----------7
§ DEFAULT BY OWNER OR APPLICANT ------—-------~----——~--- nnn nnn nn nn
5.1 Righie:of the: Council on tetas. isiiinienininn ee ee
5.2 PO OTCBTION OT PION oie aiiiccccsicseccecianess neat paste ens bom manene te
6 RECONFIGURATION OF THE SUBJECT SITE --------------------------------------—-_---------7
6.1 TOT TEAC IERE FAG GREE CCT ORNS iii es ease hetecraancocea a
6.2 Reconfiguring and NON-COMPLIANCE «oo... .cecceeseceeseceerereerereeeerereeteteerereterserees O
7 ERIC aici cnnntanenemnnneiinenanannnann &
7.1 SOLVES EY PITEIURIL HOG iiss sins caicceséscnacecccnsceceshcccvadsvaccestaconvesdatvescaccasarscsuocscve®
ez D@O@MEd SEPVICE 2... ceceeseesesesseresenterencettereresenensrateeeareueseareseerereseeteseeteseerseeertere O
7.3 PTO CE RIIIOS oso scincansianasiaeatessucsannsacumenianinsasanenenene
7.4 POTTER GOT CMCMN ON sistas cesta ck Nees ear is ciseabEs Basta esa anes Space paces Syeda
8 MISCELLANEOUS ----------------------------------------------------------------------------------- 8
8.1 PINOT CNG Aescccnuiwrcniedineennenas eee
8.2 NMEWMID i sila Na CONS eee stone Rad BA Ne aA aa a ata aa ena
8.3 PPR Fer STINT OF TEIN iiss bhi cas cts cecsascpccacccsnecestcnccdshousbveecheonaosnscndseloninns O
8.5 LACHES BIG CONEY, cise ancivosmniacinteee cence cae mae
86 TNO sass i csacatee bits anid tain Sap ERS aS ia eae EEE
8.7 PITA TE OR TY isi Sea ond tas baka bee
8.8 Further ASSUPAMCES ooo cccccseeseuerennereneeeentereerereseerserteareesveueseeesuesenrereeeee D
8.9 PIE TIOTTE OF CIS ss cnasesevaconsieasmcemnarnennnenmarertminaKnERTEE ERECT
CRIED isi lanai
Page 36 of 165Section 37
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
THIS DEED is made on the date stated in item 1.
BETWEEN The Council
AND the Applicant
AND the Owner
RECITALS
A __ The applicant is TTF PTY LTD AFT THE TONY FITZGERALD FAMILY TRUST
and the owner/s are TTF PTY LTD AFT THE TONY FITZGERALD FAMILY
TRUST and BODY CORPORATE - NOOSAVILLE PLAZA.
B The applicant lodged a development application in relation to the Subject Site.
C ‘The applicant has made a request to the Council that it provide fewer on-site car
parking spaces for the development proposed by the development application than
would otherwise be required under the planning scheme.
D sCcThe applicant proposes a contribution be paid for the shortfall in the number of car
parks which would otherwise be required.
IT IS AGREED
1 INTERPRETATION
1.1 Nature of Deed
This deed accords with Clause 2.
1.2 Commencement
This deed commences on the Commencement Date.
1,3 Interpretation
(a) In this deed, unless a contrary intention appears, reference to:
(i) aclause is to a clause in this deed; and
(ii) the singular includes the plural and vice versa; and
(iii) any gender includes all other genders; and
(iv) a person includes a firm, a corporation, an association and a body,
whether incorporated or not and a government or statutory entity or
authority; and
(v) legislation (including subordinate legislation) includes:
(A) statutory instruments under the legislation; and
(B) consolidations, anendments, re-enactments or replacements of
the legislation; and
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(vi) writing includes any mode of representing or reproducing words in
tangible and permanently visible form and includes facsimile
transmission; and
(vii) this or any other deed includes the deed as varied or replaced and is
not affected by any change in the identity of the parties: and
(vill) a day is a Calendar Day
(d) Whenever more persons than one constitute a party, all the covenants,
deeds, conditions, restrictions and provisos on the part of that party
contained or implied in this deed bind those persons jointly and each of them
severally.
(e) This deed is in all respects to be interpreted in accordance with the laws of
the State of Queensland, and the parties irrevocably and unconditionally
submit to the non-exclusive jurisdiction of the courts of that state and any
courts which have jurisdiction to hear appeals from them, and waive any
right to object to proceedings being brought in those courts.
(f) Nothing contained in this deed affects, prejudices or derogates from the
requirements of any statute or from the rights, powers and authorities of the
Council under the provision of any statute or under any declared policy of
the Council.
(i) All schedules to this deed form part of this deed and a reference to an item
is a reference to an item in Schedule 1 unless stated otherwise.
(j} |Terms used in the Special Conditions which are not otherwise defined in
Clause 1.4 (Definitions) shall have the meanings assigned to them in the
Council's Planning Scheme.
1.4 Definitions
In this deed:
“Act" means the Planning Act 2016 (the “Act’).
Applicant means the person described in and having its address at the place
described in item 4 of Schedule 1 and includes:
(a) successors and permitted assigns in the case of a corporation, association
or other body whether incorporated or not; and
(b) executors, administrators and permitted assigns in the case of a natural
person.
“Calendar Day” has the meaning given in section 36 of the Acts interpretation Act
1954 (Qld).
“Chief Executive Officer’ means the Chief Executive Officer of the Council and
includes the person (if any) for the time being acting as Chief Executive Officer.
“Commencement Date" means the date when this deed commences being the
date when the last party executes this deed
“Council" means the Local Government described in Item 3 of Schedule 1 and its
predecessors, successors, transferees and assigns.
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“Development' has the meaning given in the Act.
“Development application and development permit’ have the meanings given
in the Act and are identified in Item 7 of Schedule 1.
“Index Number” means the Consumer Price Index - Index Numbers; All Groups
CPI for Brisbane produced by the Australian Bureau of Statistics. If the said Index
is suspended or discontinued or if different factors are used to determine the same
Index, the Index Number shall be such an Index as the Council and Owner agree
reflects increases in the costs of living in Brisbane. In default of such agreement
such Index will be as determined on the application of either party to the President
of the Queensland Law Society Inc at the relevant time, or his Nominee, acting as
an expert and not as an arbitrator and whose decision shall be conclusive.
“Infrastructure charges notice" has the meaning given in the Act.
“Infrastructure Contribution" mean the contribution in lieu of car parking spaces
required under clause 3.2.
“Local government’ has the meaning given in the Local Government Act 2009.
“Local government area” has the meaning given in the Local Government Act
2009.
“Lot” has the meaning given in the Act.
“Notice” means any certificate, demand or notice to be made, given or served by
a party under this deed.
“Owner” has the meaning given in the Act and is the person described in item 4A
of Schedule 1.
“Planning Scheme" means the planning scheme of the Council applicable for the
Subject Site.
“Special Conditions" means the conditions specified in item 6 of Schedule 1 with
which the Owner and Applicant must comply.
“Subject Site” means the land described in item 5 of Schedule 1 and includes:
(a) any interest or estate in, on, over or under the land; and
(b) the airspace above the surface of the land and any estate or interest in the
land; and
(c) the subsoil of the land and any estate or interest in the subsoil; and
(d) any part or parts of the land; and
(e) any estate or interest created in respect of any of the above matters.
“Use” has the meaning given in the Act.
1.5 Other Expressions
If a term is not defined in this Deed it shall unless the context otherwise requires,
have the meaning given to it by:
(a) the Act; or
(b) the Macquarie Dictionary in the absence of a definition in the Act.
1.6 Rights and Obligations
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Where rights or obligations are in respect to any contributions or works those rights
shall be rights in favour of Council and those obligations shall be obligations to
Council.
2 INFRASTRUCTURE DEED
2.1. Application of Act
This Deed constitutes an infrastructure agreement under the Act.
2.2. Warranty of Ownership
The owner warrants that, at the time of signing this agreement, it is the owner
of the land.
2.3 Deed to bind successors in title
The owner consents to the obligations of the applicant under this Deed being
attached to the Subject Site and binding on the owner and the owner's successors
in title in accordance with Section 155 (When infrastructure agreements bind
successors in title) of the Act.
2.4 Deed conditional upon approval of Development Application
This Deed is conditional upon the development permit taking effect..
3 INFRASTRUCTURE CONTRIBUTION
3.1 Infrastructure Agreement overrides Development Permit
This Deed applies to the extent of any inconsistency with the development permit
and the Infrastructure Contribution payable hereunder is in addition to any
conditions of, or payments required by, the development permit and/or any
infrastructure charges notice given in respect of the development.
3.2 Contribution in lieu of off-street parking
The applicant must pay the Council the greater of:
(a) the amount identified in Schedule 2 of this Deed; or
(b) the amount calculated in accordance with the formula in Clause 3.3.
3.3. Indexed Infrastructure Contribution in lieu of off-street parking
The Infrastructure Contribution in lieu of off-street parking payable, identified in
Schedule 2, shall be indexed annually for a financial year in accordance with the
following formula:-
A=BxC
D
Where A= the Indexed Infrastructure Contribution amount at the time the
payment is made
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Where B = the Additional Networks Infrastructure Contribution identified in
Schedule 2.
Where C = the Index Number for the March quarter immediately preceding the
financial year in which the Infrastructure Contribution is being paid;
and
Where D = the Index Number for the March quarter immediately preceding the
financial year upon which the Infrastructure Contribution is issued as
stated in Schedule 2.
3.4 Time for payment
The Infrastructure Contribution in lieu of off-street parking is to be paid before the
use approved by the Development permit commences.
3.5 Payment to Council
The Infrastructure Contribution in lieu of off-street parking shall be paid to Council
unless the applicant is directed in writing by Council to pay it otherwise.
3.6 Onsite carparking spaces
In addition to payment of the infrastructure contribution the applicant shall provide
the number of car parking spaces on the subject site specified in Item 8.
4 GOODS AND SERVICES TAX
The federal government has determined that rates and utility charges levied by
local government will be GST free. Accordingly, no component for GST is included
in this Infrastructure Contribution.
5 DEFAULT BY OWNER OR APPLICANT
5.1 Rights of the Council on default
If the applicant fails to duly perform and fulfil any or all of its obligations under
Clause 3 the Council may recover from the applicant or the owner the whole or
any amount of the Infrastructure Contribution not paid and its costs of recovery.
§.2 Application of money
The Council may apply any sum recovered or received by it pursuant to Clause
5.1 (rights of the Council on default) as far as the sum may extend to or towards
all or any one or more of the following:
(a) reduction or discharge of the amount payable by the applicant or owner
under this Deed; and
(b) reimbursing itself for the cost of works done and/ or for any damages or costs
suffered by it as a consequence of such non-payment.
6 RECONFIGURATION OF THE SUBJECT SITE
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6.1 Reconfiguring and compliance
if the Subject Site is reconfigured under the provisions of the Act and the
obligations under this Deed have been satisfied, then this Deed no longer remains
attached to the reconfigured lots and the owner's successors in title are not bound
by this deed.
6.2 Reconfiguring and non-compliance
If the Subject Site is reconfigured under the provisions of the Act and the
obligations under this Deed have not been satisfied, this Deed remains attached
to the reconfigured lots and the owner's successors in title remain bound by this
deed.
7 SERVICE
7.1. Service by prepaid post
A Notice is sufficiently made, given or served by a party if left at or forwarded by
prepaid post in an envelope addressed to the other party or any of them (where
there are more persons than one person comprising the other party) at the address
of that party specified in Schedule 1.
7.2 Deemed service
A Notice if sent by prepaid post is deemed to have been made, given or served at
the time when in the due course of the post it would be delivered at the address to
which it is directed whether or not it is actually received.
7.3 Proof of service
In proving service of a Notice made, given or served by the Council it is only
necessary for the Council to certify to that effect under the hand of the Chief
Executive Officer.
7.4 Form of Notice
(a) A Notice given by a party must be in writing and signed by the party.
(b) A Notice given by a party may be signed by an officer of that party or the
solicitor for that party.
(c) Aparty receiving a Notice is not obliged to enquire as to the authority of the
person signing the Notice.
8 MISCELLANEOUS
8.1 Payment of costs
The applicant shall pay the Council's legal costs of and incidental to the
preparation and execution of this Deed on a solicitor own client basis.
8.2 Time
Time is, in all cases, of the essence.
8.3 Place for payment of monies
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
All monies payable to Council under this deed are payable free from all deductions
at the address of Council specified in Schedule 1.
8.4 Waiver
No waiver by the Council of any breach by the applicant or owner of any of the
provisions of this Deed shall be implied against the Council or be otherwise
effective unless it is in writing under the hand of the Chief Executive Officer.
8.5 Laches and delay
No laches or delay by the Council at any time or times in enforcing any of its rights,
powers and the like under this Deed prejudice or affect those rights or powers.
8.6 Severance
If any provision of this Deed cannot be given effect or full force and effect by reason
of statutory invalidity that provision shall be severed or read down but so as to
maintain and uphold so far as possible the remaining provisions of this deed.
8.7 Warranty of authority
Any person signing this Deed:
(a) as attorney of any party warrants to the other parties that at the date of
execution that person has not received any notice or information of the
revocation of the power of attorney appointing that persons; and
(b) as an authorised officer, agent or trustee of any party warrants to the other
parties that at the date of execution that person has full authority to execute
this deed in that capacity.
8.8 Further assurances
Each party agrees at its cost to do everything reasonably necessary to give effect
to this Deed.
8.9 Amendment of deed
(a) Despite any provision of this Deed, the parties may at any time agree to vary
the terms of this Deed
(b) No modification, variation or amendment of this Deed is of any force or effect
unless:
(i) it is in the form of an amendment Deed and has been signed by the
parties; and
(ii) where relevant the amendment Deed complies with the requirements
of the Act.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
SCHEDULE 1
Deed Details
ITEM 1 Date The Commencement Date
ITEM 2 Name of Deed Infrastructure Deed in respect of payment of
car parking contributions for a development
permit for MATERIAL CHANGE OF USE -
FOOD AND DRINK OUTLET AND SHOP
ITEM 3 Council NOOSA SHIRE COUNCIL
9 Pelican Street, Tewantin in the State of
Queensland
PO Box 141, Tewantin QLD 4565
ITEM 4 applicant TTF PTY LTD AFT THE TONY FITZGERALD
FAMILY TRUST (ACN 113 667 226)
cl- Ray White Commercial Noosa & SC North
PO Box 1549 NOOSAVILLE DC QLD 4566
ITEM4A = owner TTF PTY LTD AFT THE TONY FITZGERALD
FAMILY TRUST (ACN 113 667 226)
c/- Ray White Commercial Noosa & SC North
PO Box 1549 NOOSAVILLE DC QLD 4566
AND
BODY CORPORATE - NOOSAVILLE PLAZA
C/- Sound Body Corp Management
PO Box 1547 NOOSA HEADS QLD 4567
ITEM & Subject Site LOT 0 & LOT 1 on SP 100808
County of MARCH
Parish of WEYBA
0 & 1/10 THOMAS ST
NOOSAVILLE QLD 4566
ITEM 6 Special Conditions The Infrastructure Contribution must be paid in
accordance with clause 3.2 of this deed
ITEM 7 Development Application MCU21/0071—MATERIAL CHANGE OF USE
and Permit - FOOD AND DRINK OUTLET AND SHOP
ITEM 8 Number of onsite NIL
carparking to be provided
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
SCHEDULE 2
Contribution in lieu of off-street parking
The Contributions in lieu of off-street parking are detailed in Table 1:
Table 1 Contributions in lieu of off-street parking
Amount Payable
INFRASTRUCTURE CONTRIBUTION Current at: 2021-2022
Financial Year
Contribution in lieu of off-street parking for 1 car park spaces $15,775.00
TOTAL =
(Subject to indexation applicable at date of payment) $15,775.00
PAYMENT OF THE INFRASTRUCTURE CONTRIBUTION
i. The monetary contribution is payable in accordance with this Infrastructure
Agreement.
ii. The monetary contribution is payable before the use commences. The contribution is
to be paid to Noosa Council.
iii, Methods of payment
Cheque or money order to be made payable to: Noosa Council
PO Box 141, Tewantin, OLD 4565
jineren Noosa Council Tewantin office: 8.30 am to 4.30 pm Monday to Friday
(excludes public holidays)
Mastercard or Visa only q
Note: All payments made by credit card will incur a 0.5% surcharge to reflect the
cost of fees charged for credit card fransactions.
Direct Bank Payment by electronic transfer direct to Council's Bank Account is only
Transfer available by special arrangement Contact Infrastructure Enquines
ipGneosa. gid. gow au
iv. Please contact Council directly via telephone on: (07) 5329 6211 or 5329 6449 during
office hours or alternatively via email: [email protected] a minimum of 5
business days prior to payment of the infrastructure contributions for the current
indexed amounts applicable at the time of payment.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
EXECUTED AS A DEED.
This deed dated this day of 2021
BETWEEN NOOSA SHIRE COUNCIL a Local Government duly constituted under the
provisions of the Local Government Act 2009
(“Council”)
AND TTF PTY LTD AFT THE TONY FITZGERALD FAMILY TRUST
(ACN 113 667 226)
(‘the applicant” and “the owner”)
AND BODY CORPORATE - NOOSAVILLE PLAZA
(“the owner’)
SIGNED SEALED AND DELIVERED by the )
delegated officer for and on behalf of the )
NOOSA SHIRE COUNCIL ) Signature
a a a a bree,
) Name
)
yo
) Dated
Signed/Executed by the applicant & owner: TTF PTY LTD AFT THE TONY FITZGERALD
FAMILY TRUST (ACN 113 667 226)
(If a company In accordance with Section 127 of the Corporations Act 2001)
AATAOMSY..FIT 26ND TRACY. EV TZ CE RALD
(Director / Company Secretary / Name) (Director / Name)
es —— fi?
(Signature) S (Signature)
(Date) (Date)
In the presence of Witness being a Justice of the Peace: pi pN / bc
ee aN os a. CO Ode. M1000
Kt te ba LUTERS ~
(Name) =
oC GH ff 4
JIE Ga ( Bea / ee
(Signaturey—
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Signed/Executed by owner BODY CORPORATE - NOOSAVILLE PLAZA
(If a company, in accordance with Sectionet: Corporations Act 2001)
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Page 47 of 165Section 48
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
4 MCU21/0054 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE –
SHORT TERM ACCOMMODATION AT 30 KINGFISHER DRIVE, PEREGIAN BEACH
Author Patrick Murphy, Coordinator Planning
Environment and Sustainable Development Department
Index ECM/ Applications/ MCU21/0054
Attachments 1. Proposal Plan
APPLICATION DETAILS
Applicant Craig Saunders and Sharon Saunders
Proposal Material Change of Use - Short-term accommodation
Properly Made Date 31 March 2021
Information Request Date Not applicable
Information Response Date Not applicable
Decision Due Date 11 August 2021
Number of Submissions 21 in total (all object)
PROPERTY DETAILS
Property Address 30 Kingfisher Drive Peregian Beach Qld 4573
RP Description Lot 112 P 9311
Land Area 506m²
Existing Use of Land Dwelling house
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential Zone
Precinct Not applicable
Local Plan Area Coastal Communities
Overlays Land Subject to Acid Sulfate Soils Overlay
Bushfire Hazard Overlay
Assessment Type Impact
Page 48 of 165
Section 49
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee
Meeting dated 10 August 2021 regarding Application No. MCU21/0054 for a Development Permit
for Material Change of Use at 30 Kingfisher Drive, Peregian Beach, and:
A. Refuse the application for the following reasons:
1. The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the
community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will further
erode the dwelling units available for permanent housing in the area, impacting
permanent resident amenity.
2. The proposal is not consistent with 7.2.6.2 Purpose and Overall Outcome (2)(o), and z(ii)
and Performance Outcomes PO1, PO2, PO13 and PO15 of the Coastal Communities
Local Plan Code as:
i. The extent of visitor accommodation has eroded the available supply of permanent
housing in the local plan area.
ii. Additional visitor accommodation in the area is likely to result in detrimental
impacts on the residential neighbourhood and amenity of permanent residents.
iii. The proposal is not for multi-unit accommodation as intended for sites in close
proximity to the Peregian Beach Local Centre.
3. The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a) and (h)
of the Medium Density Residential Zone Code as:
i. The proposal will contribute to the proliferation of visitor accommodation in the area
and will further impact on the medium density residential neighbourhood being
maintained as predominantly home to permanent residents.
ii. The proposal seeks to establish a new short-term visitor accommodation facility
within a detached house, and is not located within a well-established resort or
holiday units.
4. The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and (2)(f)
of the Visitor Accommodation Code as:
i. The proposed visitor accommodation is likely to detract from the amenity enjoyed
by residents given resident’s reasonable expectations for the area.
5. There is no need for additional short term accommodation in the area.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
The application seeks a Development Permit to use the existing 5 bedroom two storey detached
dwelling for the purpose of Short Term Accommodation. No changes are proposed to the existing
dwelling and the entire dwelling is to be available for short term accommodation for one booking.
The applicant advises that:
• They will utilise a local property manager to oversee letting, management and maintenance of
the premises.
• They will prepare a code of conduct and management agreement for all guests utilising the
premises for short-term accommodation.
• All guests will be required to sign the agreement and terms of rental.
• The two car garage and associated paved areas on site will be available for carparking for
guests.
Page 49 of 165
Section 50
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
• No events, weddings, parties or the like are to occur on the premises. In support of the
proposal, the following is noted:
• The dwelling is located on a corner site and is orientated to take advantage of the northern
views over the street.
• The dwelling is located to the rear of the site with the main balconies located to the north away
from adjoining properties.
• There is no pool on site.
• The driveway of the adjoining units to the west of the site runs along the common boundary
providing separation between the units and the proposed short term accommodation.
• The site is fully fenced and landscaped.
Figure 1 – Locality
Page 50 of 165
Section 51
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Figure 2 – Locality Plan
Page 51 of 165
Section 52
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Figure 3 – Floor Plans
1. SITE DETAILS
1.1. Background
There are no other recent development applications related to the subject site.
1.2. Site Description
The subject site is a triangular shaped lot located on the corner of Kingfisher Drive and Pelican
Street, Peregian Beach. The site contains an existing two storey residential dwelling located to the
rear of the site with gardens and balconies overlooking the street frontage.
Vehicular access to the site is from a driveway located off Kingfisher Drive. The ground floor of the
existing dwelling includes a double garage, laundry, three bedrooms and living/ rumpus room with
internal stairs leading to the upper level of kitchen, dining and lounge area and two additional
bedrooms. It is noted that the layout of the dwelling, includes food preparation facilities, living areas,
bedrooms and bathrooms on each level, with separate access to each level, and therefore the
building is capable of being used as two separate residences.
1.3. Surrounding Land Uses
The site is located in a residential area which is characterised by a mix of residential dwellings and
unit complexes including holiday accommodation. Kingfisher Drive to the south is included in the
Medium Density Residential zone and includes a mix of dual occupancies, unit developments and
dwelling houses whilst the Peregian Beach Local Centre located approximately 190 metres from the
site. The site is located directly across the road from Peregian Beach.
North: Pelican Street with residential properties beyond.
South: Dwelling unit
East: Kingfisher Drive and foreshore
West: Residential: 4 x dwelling units
Page 52 of 165
Section 53
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
2. ASSESSMENT
2.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017;
• Noosa Plan 2020.
2.2. State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint Area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for an urban activity within the Urban Footprint and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
2.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of Noosa Plan 2020 to the extent the provisions
are relevant to the development.
Strategic Framework
The Noosa Plan 2020 includes a Strategic Intent and Strategic Outcomes which seeks to protect
neighbourhoods of permanent housing from short term visitor accommodation that would impact on
the amenity enjoyed by residents. The planning scheme also seeks to protect areas for visitor
accommodation with a range of accommodation styles envisaged to support the local tourism
industry.
The subject site is not located in a designated visitor accommodation area as it is zoned Medium
Density Residential. The area contains a mix of dwellings, multiple dwelling units and duplex
dwellings, which are predominantly being used for visitor accommodation. While tourism is a key
sector of the Noosa economy with Peregian Beach included as a key visitor area a key strategic
outcome is also to protect neighbourhoods of permanent housing from short term visitor
accommodation. In this regard it is intended that these areas provide housing primarily for
permanent residents.
While sustainable tourism is supported as an ongoing economic driver, the planning scheme
identifies that encouraging and developing new priority sectors is required to develop an economy
less reliant on tourism and population driven industries.
Locality Provisions
The subject site is located in the Coastal Communities Local Plan Area and is zoned Medium Density
Residential. The proposed use is identified as a consistent use with the zone and is required to follow
an impact assessable application process.
Page 53 of 165
Section 54
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Notably Part 1, section 1.5 of the Noosa Plan 2020 states local plan codes (i.e. Coastal Communities
Local Plan Code) prevails over zone codes (i.e. High Density Residential Zone Code), use codes
and other development codes to the extent of any inconsistency. This provides for different
requirements to be established for different areas of the Shire but which may be zoned the same.
The Coastal Communities Local Plan Code, the Medium Residential Zone Code and Visitor
Accommodation Code all contain requirements for short term accommodation. The relevant
provisions are:
Coastal Communities Local Plan Code
7.2.6.2 Purpose and Overall Outcomes
(m) Sites identified for tourist accommodation are retained and developed for that use to
maintain a diversity and choice of visitor accommodation and affordability in the local
plan area.
(o) Development in the Medium Density Housing zones accommodates a greater
diversity in housing types including dual occupancies, multiple dwellings, retirement
facilities and residential care facilities.
(z) Development in Peregian Beach
(ii) provides multi-unit accommodation located in close proximity to the Peregian
Beach Local Centre.
PO1
Development enhances the role of the coastal communities as a beachside residential area which
also include a considerable amount of visitor accommodation.
PO2
Development contributes to the lifestyle and amenity of residents and visitors in the coastal
communities.
PO13
Development on sites in close proximity to a centre or within a centre contributes to housing diversity
by providing small attached dwellings, including single level apartments and mixed developments
where appropriate.
PO14
Development provides a diversity of types and styles of visitor accommodation to cater for a range
of visitor experiences in close proximity to key tourist areas.
PO15
Visitor accommodation is not be located in areas which are predominantly permanent residential
dwellings
Medium Density Residential Zone Code
6.3.2.2 Purpose and Overall Outcomes
(a) Medium density residential neighbourhoods are predominantly home to permanent
residents.
(b) The character of medium density residential neighbourhoods varies due to factors
such as proximity to beaches, the Noosa River, recreation spaces, centres,
topography, availability of views, the established vegetated character, the presence
of visitor accommodation and the age of development
Page 54 of 165
Section 55
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
(h) Short-term visitor accommodation is predominately provided through well-established
resorts and holiday units.
6.3.2.3 Assessment Criteria
Role and function
PO6 AO6.2
Visitor accommodation is limited to formats Short-term accommodation does not:
compatible with the character and use of the
area so as not to cause unreasonable loss of a. constitute a party house;
residential amenity, having regard to: b. create noise that would unreasonably
a. the privacy of residents on the subject impact on the residential amenity
property or adjoining properties; enjoyed by the adjoining or
surrounding properties.
b. any likely increase in noise to adjoining
properties;
c. the scale of the use and its
compatibility with the character and
uses within the property or surrounding
area;
d. retention of the primary residential
function of an area;
e. the residential function and
arrangement of common property;
f. the impact on the safety and efficiency
of the local road network;
g. the impact of waste storage areas on
the visual amenity of the area;
h. the location of waste storage areas in
relation to sensitive land uses; and
i. any impact on shared vehicular access
or parking.
Visitor Accommodation Code
9.3.5.2 Purpose and Overall Outcomes
(1) The purpose of the Visitor Accommodation code is to ensure visitor accommodation
is appropriately located, designed and operated in a manner which meets visitor
needs, protects and enhances landscape values, protects the amenity of surrounding
premises and avoids conflicts with surrounding uses.
(2) The overall outcomes sought for the Visitor Accommodation Code are:
(a) Visitor accommodation is compatible with and benefits from Noosa Shire’s
natural environmental values.
(b) Visitor accommodation offers a wide range of experiences for guests both in
coastal areas and in the hinterland.
(c) Visitor accommodation is located and designed in a manner which sensitively
responds to site characteristics.
(d) Visitor accommodation does not detrimentally impact upon the biodiversity and
natural landscape values of its setting.
Page 55 of 165
Section 56
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
(e) The density and design of visitor accommodation integrates with the urban or
landscape fabric of its particular locality.
(f) Visitor accommodation located near permanent residents does not detract from
the amenity enjoyed by residents.
(g) Visitor accommodation does not impact on the ability of rural land owners to
carry out agricultural pursuits.
(h) Visitor accommodation provides high quality amenities and facilities
commensurate with its setting, the types of accommodation supplied and the
length of stay accommodated.
(i) Visitor accommodation forms a key element of the local tourism industry.
(j) Visitor accommodation provides for a wide range of visitors.
9.3.5.3 Criteria for assessment
Safety and Amenity
PO12
Sufficient onsite car-parking is provided to accommodate the number and type vehicles likely to be
generated by the visitor accommodation having regard to the number of guests, staff or visitors.
The planning scheme prioritises the preservation of medium density residential neighbourhoods for
predominantly permanent residential dwelling units and seeks to protect the amenity of surrounding
residential areas from the impacts of short-term accommodation.
The Medium Density Residential neighbourhood relevant to the subject site is the area generally
bound by Peregian Esplanade and David Low Way. Two additional areas within proximity of the site
are also zoned Medium Density Residential, one to the north of the Peregian village and a second
to the south of the village. All of these areas are considered to form part of the same neighbourhood,
as residents in these areas would generally have a sense of association/community across all of
these areas. These areas are identified in the following image:
Page 56 of 165
Section 57
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
:
Figure 4: Medium Density Residential
Each of these areas is characterised by a mix of detached dwelling, duplexes and multiple dwelling
unit developments in which the significant percentage of the dwelling units are used for the purpose
of short-term accommodation.
The following image details those properties within the Medium Density Residential neighbourhood
which are being used for short-term accommodation (blue star):
Page 57 of 165
Section 58
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Page 58 of 165
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Figures 5 and 6: Location of visitor accommodation within the medium-density residential portion of the
neighbourhood (area bound by Peregian Esplanade and David Low Way)1
1
Disclaimer – the mapped visitor accommodation are taken from Council’s existing database. It is noted the map may include errors and omissions.
Page 59 of 165
Section 60
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Figure 7: Location of visitor accommodation within the medium-density residential portion of the
neighbourhood (areas to the north and south of the Peregian village)2
2
Disclaimer – the mapped visitor accommodation are taken from Council’s existing database. It is noted the map may include errors and omissions.
Page 60 of 165
Section 61
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Historically the Coastal Communities area, being located adjacent to the eastern seaboard, has
contained a significant number of holiday houses and holiday units. Whilst it is acknowledged that
the location of the subject site would have appeal to potential holiday makers in that it is located
within close proximity of the Peregian village and the patrolled Peregian beach it is located within a
residential zoned area. Over time the use of residential zoned properties for the purpose of short-
term accommodation has eroded the supply of dwellings available for permanent residents. More
recently the ease and popularity of on-line booking platforms has further incentivised property
owners to make properties available for short term accommodation which has further impacted the
supply of dwellings for permanent accommodation. It is noted that 23% of dwellings within the coastal
areas are being used for the purpose of short-term accommodation, and more recently
approximately 115 additional dwellings approved under superseded planning scheme requests, with
numerous requests still to be decided.
Whilst the proposal is in part consistent with the Coastal Communities Local Plan in that it contributes
to the provision of tourist accommodation and is not located in an area which is predominantly
permanent residential, the code does not seek to increase visitor accommodation in the medium
density residential area and seeks to provide multi-unit accommodation for both permanents and
visitors.
The area zoned Medium Density Residential is predominantly being used for visitor accommodation.
The medium density residential neighbourhood within proximity of the subject site contains
approximately 50% of dwellings being used for the purpose of short-term accommodation.
Furthermore, there are numerous properties which have a development approval issued prior to the
Noosa Plan 2006 which provides for the dwelling units to be used interchangeably for permanent or
short-term accommodation.
The applicant submits in this regard that ‘the subject site is located in an area that caters for both for
visitor accommodation as well as residential dwellings used for permanent accommodation. The
use of the subject site for visitor accommodation will not prejudice the outcome for the zone as there
are still areas in the locality available for permanent accommodation.’ The applicant has not provided
any detailed analysis of the extent of visitor accommodation in the area and it is clear that a review
of the number of sites being used for visitor accommodation is impacting the outcome of the zone to
maintain it predominantly for permanents.
Increasing visitor accommodation in this area is likely to further impact on the amenity of remaining
permanent residents and their neighbourhood. It will also further impact on the availability of dwelling
units for permanent residents.
There is no need for additional visitor accommodation in the area.
The proposal is also not consistent with the Purpose and Overall Outcomes (1) and (2)(f) of the
Visitor Accommodation Code and is likely to detract from the amenity enjoyed by residents given
resident’s reasonable expectations for the area.
A double garage, and driveway provides sufficient area to park 2-3 cars associated with the proposed
use of the site. As the dwelling contains 5 bedrooms it is likely that at times car parking for more than
2-3 vehicles will be required. Due to the limited distance between the garage and the front boundary
there is limited opportunities for additional car parking on site. When the total number of cars
associated with guests is more than 3 it is envisaged that these additional cars will seek to use the
surrounding area for car parking.
3. CONSULTATION
3.1. Referral Agencies
Not applicable
3.2. Internal Council Referrals
Not applicable
Page 61 of 165
Section 62
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
3.3. Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning
Act 2016. 21 properly made submissions were received, all objecting to the application. The following
table provides a summary and assessment of the issues raised by submitters.
Matters Raised Comments
Amenity The noise could be regulated with the code of
Noise associated large groups, noting 5 bedrooms conduct and property management conditions.
are proposed to be used. Outdoor entertainment areas could be restricted to
minimise noise at night.
Potential for noise from outdoor rear courtyard to
impact on adjoining property
Community This concern is addressed through the assessment
Concerned about the increasing number of of PO15 of the Coastal Communities Local Plan
dwellings offering short-term accommodation in Code: Visitor Accommodation is not be located in
our village. areas which are predominantly permanent
residential dwellings.
The proposal is contrary to the Noosa Plan which
states: "Development contributes to the lifestyle
and amenity of residents and visitors in the coastal
communities."
Peregian Beach is special because of its strong,
connected and resilient community and every
additional conversion of a residential property to
short term letting is another nail in the coffin of this
community.
Permanent housing needs to be protected
Parking/traffic A double garage, and driveway provides sufficient
Insufficient car parking is available area to park 2 cars associated with the proposed
use of the site. As the dwelling contains 5
bedrooms it is likely that on some occasions car
parking for more than 2 vehicles will be required.
Due to the limited distance between the garage
and the front boundary there is limited
opportunities for additional car parking on site.
When the total number of cars associated with
guests is more than 3 it is envisaged that these
additional cars will seek to use the surrounding
area for car parking.
Road safety/traffic – additional vehicles associated The vehicle movements associated with the
with e use will impact on road safety proposed use will not have a detrimental effect on
the existing road network
No demonstrated need for short term Agreed – the medium density residential area
accommodation – noting that 20 dwellings have within proximity of the site contains an extensive
been approved for short term accommodation at number of properties that are being used for the
215 David Low Way (behind IGA) purpose of short-term accommodation
When property sold it was detailed as being a 6 If the application were to be approved conditions
bedroom home – application states 5 bedrooms could be applied limiting the use to 5 bedrooms in
accordance with how the proposal is described in
the application material.
This application would not contribute to achieving It is agreed that the proposal does not provide for
a diverse and resilient economy and rejecting the a use which diversifies the economy.
application would be consistent with focusing on
the development of an economy that is less reliant
on tourism and population driven industries.
Page 62 of 165
Section 63
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
4. CONCLUSION & REASONS FOR DECISION
The application seeks to use a dwelling house for short-term accommodation purpose. The dwelling
house is located approximately 190 metres from the Peregian village.
The proposal is contrary to the planning scheme which seeks to prioritise the preservation of medium
density residential neighbourhoods for predominantly permanent residential dwellings and seeks to
protect the amenity of surrounding residential areas from the impacts of short-term accommodation.
Whilst acknowledging that short-term accommodation has been identified as a consistent use within
the applicable zone, the subject site is located within the Coastal Communities area, under which
the Noosa Plan provisions seeks to provide multi-unit accommodation for both permanents and
visitors. As such, the proposal does not comply with a number of provisions of the Noosa Plan 2020.
There is no need for additional visitor accommodation in the area and the potential amenity impacts
resulting from the use of the subject site for the purpose of short term accommodation is likely to
further erode the residential amenity and neighbourhood for permanent residents in the area.
Accordingly, the application is recommended for refusal.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 63 of 165
Section 64
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
ATTACHMENT 1
Page 64 of 165
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
ATTACHMENT 1
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Page 64 of 165Section 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
5 MCU21/0079 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE –
SHORT TERM ACCOMMODATION AT 4 TEAL STREET, PEREGIAN BEACH
Author Patrick Murphy, Coordinator Planning
Environment and Sustainable Development Department
Index ECM/ Applications/ MCU21/0079
Attachments 1. Proposal Plan
APPLICATION DETAILS
Applicant Gezim Bashi and Jodi Teresa Bashi
Proposal Material Change of Use - Short-term accommodation
Properly Made Date 27 April 2021
Information Request Date Not applicable
Information Response Date Not applicable
Decision Due Date 25 August 2021
Number of Submissions 4 in total
3 x object
1 x impartial
PROPERTY DETAILS
Property Address 4 Teal Street Peregian Beach Qld 4573
RP Description Lot 300 P 93112
Land Area 842m²
Existing Use of Land Dwelling house
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential Zone
Precinct Not applicable
Local Plan Area Coastal Communities
Overlays Land Subject to Acid Sulfate Soils Overlay
Bushfire Hazard Overlay
Landslide Hazard Overlay
Assessment Type Impact
Page 65 of 165
Section 66
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee
Meeting dated 10 August 2021 regarding Application No. MCU21/0079 for a Development Permit
for Material Change of Use at 4 Teal Street, Peregian Beach, and:
A. Refuse the application for the following reasons:
1. The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the
community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will further
erode the dwelling units available for permanent housing in the area, impacting
permanent resident amenity.
2. The proposal is not consistent with 7.2.6.2 Purpose and Overall Outcome (2)(o) and
Performance Outcomes PO1, PO2 and PO15 of the Coastal Communities Local Plan
Code as:
i. The extent of visitor accommodation has eroded the available supply of permanent
housing in the local plan area; and
ii. Additional visitor accommodation in the area is likely to result in detrimental
impacts on the residential neighbourhood and amenity of permanent residents.
3. The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a) and (h)
of the Medium Density Residential Zone Code as:
i. The proposal will contribute to the proliferation of visitor accommodation in the area
and will further impact on the medium density residential neighbourhood being
maintained as predominantly home to permanent residents.
ii. The proposal seeks to establish a new short-term visitor accommodation facility
within a detached house, and is not located within a well-established resort or
holiday units.
4. The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and (2)(f)
of the Visitor Accommodation Code as:
i. The proposed visitor accommodation is likely to detract from the amenity enjoyed
by residents given resident’s reasonable expectations for the area.
5. There is no need for additional short term accommodation in the area.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
This application seeks a Development Permit to use the existing two storey detached dwelling for
the purpose of Short Term Accommodation.
The applicant advises that:
• They will utilise a local property manager to oversee letting, management and maintenance of
the premises.
• They will prepare a code of conduct and management agreement for all guests utilising the
premises for short term accommodation.
• All guests will be required to sign the agreement and terms of rental.
• The two-car garage and associated driveway will be available for carparking for guests.
• No events, weddings, parties or the like are to occur on the premises.
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In support of the proposal the applicant also advises:
• The outdoor balcony is roofed and overlooks the garage and open space (lawn) area of the
site;
• The western boundary (and to an extent the north and southern boundaries) are densely
vegetated and screen the house from the surrounding development;
• The four bedrooms are located at the rear (southern) part of the property, adjacent to the
driveway and open space of the property;
• The property is fully fenced and landscaped;
• A maximum of 8 visitors will attend the site;
• The use of outdoor areas is to cease after 9pm; and
• The applicant intends to utilise the subject property for their family as a holiday home. During
the periods that they are not staying in the Noosa region, the applicants wish to holiday let the
property.
The applicant has advised that no changes are proposed to the existing dwelling with all parts of the
site to be available for the proposed use. When conducting a site inspection it was observed that
works are being carried out to the dwelling however no building approval was located in Council
records. The following image details works being undertaken at the subject site.
Figure 1 – Photograph of works occurring at subject site
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The following images include Locality Plans and Floor Plans of the existing dwelling.
Figure 2 – Subject Site
Figure 3 – Locality Plan
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Figure 4 – Floor Plan
1. SITE DETAILS
1.1. Background
There are no other recent development applications related to the subject site.
1.2. Site Description
A two-storey detached dwelling house is currently situated on the site. Pedestrian and vehicular
access is from Teal Street with a double garage access from the driveway. The subject site is
serviced by standard community infrastructure including electricity, bitumen roadways, reticulated
water supply and sewerage, and waste removal. The subject land is located approximately 900
metres from the Peregian village.
1.3. Surrounding Land Uses
North: 2 residential properties abut the northern boundary of the subject site. One of the properties
forms part of a duplex development whilst the other property contains a detached house. Both of the
adjoining dwellings are situated within close proximity of the common boundary.
South: Teal Street
East: Residential: 2 residential properties abut the eastern boundary of the subject site. One of the
properties forms part of a duplex development whilst the other property contains a detached house.
Both of the adjoining dwellings are situated within close proximity of the common boundary.
West: Residential: a duplex development, a driveway is situated adjacent to the common boundary
with a dwelling unit located beyond.
2. ASSESSMENT
2.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017;
• Noosa Plan 2020.
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2.2. State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint Area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for an urban activity within the Urban Footprint and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
2.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan 2020 to the extent the
provisions are relevant to the development.
Strategic Framework
The Noosa Plan 2020 includes a Strategic Intent and Strategic Outcomes which seeks to protect
neighbourhoods of permanent housing from short term visitor accommodation that would impact on
the amenity enjoyed by residents. The planning scheme also seeks to protect areas for visitor
accommodation with a range of accommodation styles envisaged to support the local tourism
industry.
The subject site is not located in a designated visitor accommodation area as it is zoned Medium
Density Residential. The area contains a mix of dwellings, multiple dwelling units and duplex
dwellings, which are predominantly being used for visitor accommodation. While tourism is a key
sector of the Noosa economy with Peregian Beach included as a key visitor area a key strategic
outcome is also to protect neighbourhoods of permanent housing from short term visitor
accommodation. There is a proliferation of dwellings in the area being used for short term
accommodation and further short-term accommodation in the area is not needed and will only
continue to further erode the neighbourhood.
Locality Provisions
The subject site is located in the Coastal Communities Local Plan Area and is zoned Medium Density
Residential. The proposed use is identified as a consistent use with the zone and is required to follow
an impact assessable application process.
Notably Part 1, section 1.5 of the Noosa Plan 2020 states local plan codes (i.e. Coastal Communities
Local Plan Code) prevails over zone codes (i.e. High Density Residential Zone Code), use codes
and other development codes to the extent of any inconsistency. This provides for different
requirements to be established for different areas of the Shire but which may be zoned the same.
The Coastal Communities Local Plan Code, the Medium Residential Zone Code and Visitor
Accommodation Code all contain requirements for short term accommodation. The relevant
provisions are:
Coastal Communities Local Plan Code
7.2.6.2 Purpose and Overall Outcomes
(m) Sites identified for tourist accommodation are retained and developed for that use to
maintain a diversity and choice of visitor accommodation and affordability in the local
plan area.
(o) Development in the Medium Density Housing zones accommodates a greater
diversity in housing types including dual occupancies, multiple dwellings, retirement
facilities and residential care facilities.
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PO1
Development enhances the role of the coastal communities as a beachside residential area which
also include a considerable amount of visitor accommodation.
PO2
Development contributes to the lifestyle and amenity of residents and visitors in the coastal
communities.
PO14
Development provides a diversity of types and styles of visitor accommodation to cater for a range
of visitor experiences in close proximity to key tourist areas.
PO15
Visitor accommodation is not be located in areas which are predominantly permanent residential
dwellings
Medium Density Residential Zone Code
6.3.2.3 Purpose and Overall Outcomes
(a) Medium density residential neighbourhoods are predominantly home to permanent
residents.
(b) The character of medium density residential neighbourhoods varies due to factors
such as proximity to beaches, the Noosa River, recreation spaces, centres,
topography, availability of views, the established vegetated character, the presence
of visitor accommodation and the age of development
(h) Short-term visitor accommodation is predominately provided through well-established
resorts and holiday units.
6.3.2.3 Assessment Criteria
Role and function
PO6 AO6.2
Visitor accommodation is limited to formats Short-term accommodation does not:
compatible with the character and use of the
area so as not to cause unreasonable loss of a. constitute a party house;
residential amenity, having regard to: b. create noise that would unreasonably
a. the privacy of residents on the subject impact on the residential amenity
property or adjoining properties; enjoyed by the adjoining or
surrounding properties.
b. any likely increase in noise to adjoining
properties;
c. the scale of the use and its
compatibility with the character and
uses within the property or surrounding
area;
d. retention of the primary residential
function of an area;
e. the residential function and
arrangement of common property;
f. the impact on the safety and efficiency
of the local road network;
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g. the impact of waste storage areas on
the visual amenity of the area;
h. the location of waste storage areas in
relation to sensitive land uses; and
i. any impact on shared vehicular access
or parking.
Visitor Accommodation Code
9.3.5.2 Purpose and Overall Outcomes
(1) The purpose of the Visitor Accommodation code is to ensure visitor accommodation
is appropriately located, designed and operated in a manner which meets visitor
needs, protects and enhances landscape values, protects the amenity of surrounding
premises and avoids conflicts with surrounding uses.
(2) The overall outcomes sought for the Visitor Accommodation Code are:
(a) Visitor accommodation is compatible with and benefits from Noosa Shire’s
natural environmental values.
(b) Visitor accommodation offers a wide range of experiences for guests both in
coastal areas and in the hinterland.
(c) Visitor accommodation is located and designed in a manner which sensitively
responds to site characteristics.
(d) Visitor accommodation does not detrimentally impact upon the biodiversity and
natural landscape values of its setting.
(e) The density and design of visitor accommodation integrates with the urban or
landscape fabric of its particular locality.
(f) Visitor accommodation located near permanent residents does not detract from
the amenity enjoyed by residents.
(g) Visitor accommodation does not impact on the ability of rural land owners to
carry out agricultural pursuits.
(h) Visitor accommodation provides high quality amenities and facilities
commensurate with its setting, the types of accommodation supplied and the
length of stay accommodated.
(i) Visitor accommodation forms a key element of the local tourism industry.
(j) Visitor accommodation provides for a wide range of visitors.
9.3.5.3 Criteria for assessment
Safety and Amenity
PO12
Sufficient on site car-parking is provided to accommodate the number and type of vehicles likely to
be generated by the visitor accommodation having regard to the number of guests, staff or visitors.
The planning scheme prioritises the preservation of medium-density residential neighbourhoods for
predominantly permanent residential dwelling units and seeks to protect the amenity of surrounding
residential areas from the impacts of short term accommodation.
The Medium Density Residential neighbourhood relevant to the subject site is the area generally
bound by Peregian Esplanade and David Low Way. Two additional areas within proximity of the site
are also zoned Medium Density Residential, one to the north of the Peregian village and a second
to the south of the village.
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All of these areas are considered to form part of the same neighbourhood, as residents in these
areas would generally have a sense of association/community across all of these areas. These areas
are identified in the following image:
Figure 5 – Medium Density Residential neighbourhood
Each of these areas is characterised by a mix of detached dwelling, duplexes and multiple dwelling
unit developments in which the significant percentage of the dwelling units are used for the purpose
of short term accommodation.
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The following image details those properties within the Medium Density Residential neighbourhood
which are being used for short-term accommodation (blue star):
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Figures 6 and 7: Location of visitor accommodation within the medium-density residential portion of the
neighbourhood (area bound by Peregian Esplanade and David Low Way)3
3
Disclaimer – the mapped visitor accommodation are taken from Council’s existing database. It is noted the map may include errors and omissions.
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Figure 8: Location of visitor accommodation within the medium-density residential portion of the
neighbourhood (areas to the north and south of the Peregian village)4
Historically the Coastal Communities area, being located adjacent to the eastern seaboard, has
contained a significant number of holiday houses and holiday units. However, over time properties
used for short term accommodation has continued to increase and this has eroded the supply of
dwellings available for permanent residents. More recently the ease and popularity of on-line booking
platforms has further incentivised property owners to make properties available for short term
accommodation which has further disrupted the supply of dwellings for permanent accommodation.
It is noted that 23% of dwellings within the coastal areas are being used for the purpose of short-
term accommodation, and more recently approximately 115 additional dwellings approved under
superseded planning scheme requests, with numerous requests still to be decided.
Whilst the proposal is in part consistent with the Coastal Communities Local Plan in that it contributes
to the provision of tourist accommodation the code does not seek to increase visitor accommodation
in the medium density residential area and seeks to provide multi-unit accommodation for both
permanents and visitors. Despite the extent of short-term accommodation in the area, the Teal
Street cul-de-sac remains predominantly for permanent residents and this should be retained and
protected from further short term accommodation.
4
Disclaimer – the mapped visitor accommodation are taken from Council’s existing database. It is noted the map may include errors and omissions.
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The area zoned Medium Density Residential is predominantly being used for visitor accommodation.
The medium density residential neighbourhood within proximity of the subject site contains at least
50% of dwellings being used for the purpose of short-term accommodation. Furthermore, there are
numerous properties which have a development approval issued prior to the Noosa Plan 2006 which
provides for the dwelling units to be used interchangeably for permanent or short-term
accommodation.
Increasing visitor accommodation in this area is likely to further impact on the amenity of remaining
permanent residents and impact on the availability of dwelling units for permanent residents.
There is no need for additional visitor accommodation in the area.
The proposal is also not consistent with the Purpose and Overall Outcomes (1) and (2)(f) of the
Visitor Accommodation Code and is likely to detract from the amenity enjoyed by residents given
resident’s reasonable expectations for the area.
3. CONSULTATION
3.1. Referral Agencies
Not applicable
3.2. Internal Council Referrals
Not applicable
3.3. Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning
Act 2016. Four properly made submissions were received. The following table provides a summary
and assessment of the issues raised by submitters.
Matters Raised Comments
Amenity The noise could be regulated with the code of
This proposal will impact residential amenity due to conduct and property management conditions.
the associated noise, increased pressure on Outdoor entertainment areas could be restricted to
parking and the increasing conversion of minimise noise at night.
residential areas into visitor accommodation areas.
The large deck of 4 Teal Street significantly
overlooks a number of surrounding properties,
including ours, and enjoys a great ocean view. This
is likely to lead to excessive noise from parties etc
travelling to the surrounding properties, especially
those downhill/towards the ocean.
Community This concern is addressed through the assessment
Concerned about the increasing number of of PO15 of the Coastal Communities Local Plan
dwellings offering short-term accommodation in Code: Visitor Accommodation is not be located in
our village. areas which are predominantly permanent
residential dwellings.
The proposal is contrary to the Noosa Plan which
states: "Development contributes to the lifestyle
and amenity of residents and visitors in the coastal
communities."
Peregian Beach is special because of its strong,
connected and resilient community and every
additional conversion of a residential property to
short term letting is another nail in the coffin of this
community.
Permanent housing needs to be protected
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Matters Raised Comments
Parking/traffic A double garage, and driveway provides sufficient
Teal St is a small cul-de-sac with very limited on- area to park cars associated with the 8 visitors
street parking. Inappropriately parked visitor cars proposed to use the site and is consistent with the
could significantly impede traffic flow around the scheme’s car parking requirements for short term
small one-way roundabout at its west end. accommodation.
Parking: can only accommodate 2 car parking The vehicle movements associated with the
spaces on site. Teal Street is a small cul-de-sac proposed use will not have a detrimental effect on
with limited on street parking the existing road network
Traffic/road safety – increase in number of cars on
already congested road network
No demonstrated need for short term Agreed – the medium density residential area
accommodation within proximity of the site contains an extensive
number of properties that are being used for the
purpose of short term accommodation
4. CONCLUSION & REASONS FOR DECISION
The application seeks to use a dwelling house for short-term accommodation purpose. The dwelling
house is located approximately 900 metres from the Peregian village.
The proposal is contrary to the planning scheme which seeks to prioritise the preservation of medium
density residential neighbourhoods for predominantly permanent residential dwellings and seeks to
protect the amenity of surrounding residential areas from the impacts of short-term accommodation.
Whilst acknowledging that short-term accommodation has been identified as a consistent use within
the applicable zone, the subject site is located within the Coastal Communities area, under which
the Noosa Plan provisions do not seek to increase visitor accommodation and seeks to provide multi-
unit accommodation for both permanents and visitors. As such, the proposal does not comply with
a number of provisions of the Noosa Plan 2020.
There is no need for additional visitor accommodation in the area and the potential amenity impacts
resulting from the use of the subject site for the purpose of short term accommodation is likely to
further erode the residential amenity and neighbourhood for permanent residents in the area.
Accordingly, the application is recommended for refusal.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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ATTACHMENT 1
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ATTACHMENT 1
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
6 UPDATE TO INFRASTRUCTURE CHARGES RESOLUTION
Author Infrastructure Assessment Coordinator, Oddbjorn Ludvigsen
Environment and Sustainable Development Department
Index ECM/ Subject/ 66.02 - Infrastructure Charges Instruments & Policy
(Council/State)
Attachments 1. Noosa Shire Council Charges Resolution (No.6) 2021
(Attachment provided separately to this report)
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 10 August 2021 and adopt the “Noosa Shire Council
Charges Resolution (No.6) 2021” provided as Attachment 1 to the report, to replace the “Noosa Shire
Council Charges Resolution (No.5.1) 2020” and take effect on 20 August 2021.
REPORT
Council issues infrastructure charges on development under its “Charges Resolution” to help fund
provision of “trunk” infrastructure identified in its Local Government Infrastructure Plan (LGIP).
On 1 July 2021 through the “Planning Legislation (Fees and Other Amounts) Amendment Regulation
2021”, the State Government amended the “Planning Regulation 2017, Schedule 16 Prescribed
amount” that applies from 1 July 2021 for the 2021-2022 financial year in lieu of the indexation
otherwise applicable under Clause 112 (2) (b) of the “Planning Act 2016”.
The Queensland Legislation web-page was updated on 1 July 2021 with the amended “Planning
Regulation 2017, Current as at 1 July 2021”. The updated prescribed (maximum) amounts equate
to an average 1.49% increase from the previous financial year.
To maintain direct consistency with the most current legislative/regulatory amendment, it is
recommended that Council’s current “Charges Resolution (No.5.1) 2020” be amended and replaced
with an updated “Charges Resolution (No.6) 2021” provided as Attachment 1 to this report to take
effect on 20 August 2021.
1. Summary of Amendments
The amendments are administrative only and relate to the following items:
Section 1.1 Short title
Update the charges resolution citation to: (No.6) 2021
Section 1.3 Effect
Update the effective date to: 20 August 2021
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Section 10.4 Schedule of Council Adopted Infrastructure Charges (under breakup agreement)
Update the base date to 1 July 2021 for the 2021-2022 Financial Year with Table 10.3 Schedule of
Council adopted charges updates to:
• Column 2 to the current “Planning Regulation 2017 Schedule 16 Prescribed amounts” updated
by the State Government on 1 July 2021 as inserted by the “Planning Legislation (Fees and
Other Amounts) Amendment Regulation 2021”;
• Column 3 “Council Charges” updated in accordance with the Charges breakup agreement with
Unitywater of the updated Prescribed amounts in Column 2; and
• Column 4 “Council Included Reductions” updated amounts maintaining unchanged previous
proportioned (percentage) reductions.
Previous Council Consideration
Ordinary Meeting Minutes, 28 August 2014, Item 2, Page 6
That Council note the report by the Priority Infrastructure Planning and Infrastructure Charges Officer
to the Planning & Organisation Committee dated 28 January 2014 and:
1. Adopt the “Noosa Shire Council Adopted Infrastructure Charges Resolution (No.1) 2014”
(provided at Attachment 1 to the report) to replace the “Sunshine Coast Regional Council
Adopted Infrastructure Charges Resolution (No.4) 2011” applying to development governed
by The Noosa Plan;
2. Publicly notify the adoption of the “Noosa Shire Council Adopted Infrastructure Charges
Resolution (No.1) 2014” and forward a copy to the Chief Executive, Department of State
Development, Infrastructure and Planning in accordance with section 648D of the
“Sustainable Planning Act 2009”;
3. Adopt Noosa Council policy positions regarding Extensions to Relevant Periods (through
infrastructure agreements) and/or subsequent Infrastructure Charge Notices triggered by
Building Permits, to charge development for all networks, including those previously missing
where:
a) missing networks are to be charged at the current Adopted Infrastructure Charges; and
b) the missing network charge is limited so that it does not cause the total amount
payable for the development to exceed the total maximum adopted charge
permissible under the “Statutory Planning Regulatory Provision (adopted charges)”.
4. For development requesting to transfer to an alternative infrastructure charges regime to that
previously applied under an existing development approval, Council:
a) require a new development application to be lodged; and
b) offer a 50% reduction to the application fee for these new development applications,
provided there is no change to the development previously approved and no additional
assessment is required to that previously undertaken under The Noosa Plan; and
c) request the applicant to cancel their previous development approval under sections 379
and 380 of the “Sustainable Planning Act 2009” at no cost to the applicant, once a dew
development approval takes effect.
5. Note the State Government’s review of the current Adopted Infrastructure Charges regime is
likely to impact the level of infrastructure charges that can be levied on future development and
priority infrastructure planning requirements. A further report will be provided to Council once
the outcome is known.
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Ordinary Meeting Minutes, 12 February 2015, Item 1, Page 6
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Organisation Committee Meeting dated 3 February 2015 and adopt the “Noosa Shire Council
Charges Resolution (No.2) 2014” (provided as Attachment 1 to the report) to take effect on Monday
16 February 2015 replacing the “Noosa Shire Council Adopted Infrastructure Charges Resolution
(No.1) 2014”.
Ordinary Meeting Minutes, 20 October 2016, Item 5, Page 16
That Council note the report by the Principal Strategic Planner to the General Committee dated 17
October 2016 and:
A. Proceed to adopt the Planning Scheme Amendments, as provided at Attachment 1 to the
report, in accordance with the Ministerial conditions; and
B. Authorise changes to Table 10.3 of Council’s Charges Resolution for secondary dwellings,
community residences and intensive cultivation uses, as provided at Attachment 2 (Amended)
to the report.
Ordinary Meeting Minutes, 20 September 2018, Item 5, Page 14
That Council note the report by the Infrastructure Assessment Coordinator to the General Committee
Meeting dated 17 September 2018 regarding amendment to the Infrastructure Charges Resolution
and:
A. Adopt the “Noosa Shire Council Charges Resolution (No.3) 2018” provided at Attachment 1
to the report, to take effect on Monday 24 September 2018 replacing the “Noosa Shire Council
Charges Resolution (No.2) 2014 (Amendment 1)”;
B. Authorise the Chief Executive Officer to:
1. Review infrastructure charge notices issued from 8 June 2018 (the date the current LGIP
took effect) and where applicable for developments located outside the PIA, issue
“Amended Infrastructure Charges Notices” removing the stormwater component of the
charge;
2. Apply the annual indexation methodology in line with item 9.5 (3) “Automatic increase
provision of levied charge” contained in the new “Noosa Shire Council Charges
Resolution (No.3) 2018” for all infrastructure charges remaining to be paid that were
issued from 1 July 2011 under all previous adopted “Council Charges Resolutions”;
and
3. Continue to apply quarterly indexation using variations in the Consumer Price Index
(CPI) for:
i. all infrastructure contributions and/or infrastructure charge notices remaining to
be paid that were issued prior to 1 July 2011 under the former Planning Scheme
Policies (PSP’s) contained as a condition of a development permit and/or under
the former Coastal Major Road Network Infrastructure Charges Plan (CMRNICP);
and
ii. all infrastructure charges and/or contributions being paid under delayed staged
payment or other infrastructure agreements.
Ordinary Meeting Minutes, 19 September 2019, Item 1, Page 10
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 10 September 2019 and adopt the “Noosa Shire Council
Charges Resolution (No.4) 2019” provided at Attachment 1 to the report (with a correction to section
13.6(i)(c) to refer to clause 145 of the Planning Act), to take effect on Monday 23 September 2019
replacing the “Noosa Shire Council Charges Resolution (No.3) 2018”.
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Special Meeting Minutes, 16 July 2020, Item 2, Page 7
That Council note the report by the Infrastructure Assessment Coordinator to the Special Meeting
dated 16 July 2020 and
A. Adopt the “Noosa Shire Council Charges Resolution (No.5) 2020” provided at Attachment 1
to the report, to take effect and replace the “Noosa Shire Council Charges Resolution (No.4)
2019” on the day the new planning scheme takes effect, and
B. Authorise the CEO to make minor changes to the Noosa Shire Charges Resolution (No. 5)
2020 prior to the date it takes effect.
Ordinary Meeting Minutes, 15 October 2020, Item 1, Page 4
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 6 October 2020 and adopt the “Noosa Shire Council Charges
Resolution (No.5.1) 2020” provided at Attachment 1 to the report, to replace the “Noosa Shire
Council Charges Resolution (No.5) 2020” and take effect on 16 October 2020.
Finance
Council is required to have an adopted a Charges Resolution that is compliant with current planning
legislation to issue infrastructure charges and impose conditions about trunk infrastructure on
development. The infrastructure charges revenue is estimated in the order of $2 million per annum.
Risks & Opportunities
Regular reviews with appropriate updates to Council’s Charges Resolution will reduce the risk for
potential legal appeals being lodged against infrastructure charges issued on development.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Manager, Development Assessment
Acting Director, Environment & Sustainable Development
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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7 CLIMATE CHANGE RESPONSE PLAN AND COMMUNITY CONSULTATION
SUBMISSIONS
Author Principal Strategic Planner, Rebecca Britton
Carbon Reduction Officer, Anne Nolan
Environment and Sustainable Development Department
Index ECM/Subject/Climate Change 41.23
Attachments 1. Climate Change Response Plan
(Attachment provided separately to this report)
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Principal Strategic Planner and Carbon Reduction Officer to the
Planning & Environment Committee Meeting dated 10 August 2021 and:
A. Note the report on submissions received during the community consultation on the draft
Climate Change Response Plan;
B. Adopt the final Climate Change Response Plan, provided at Attachment 1 to the report;
C. Request the CEO to establish a community reference group within 3 months of adoption to
assist with the implementation of the plan;
D. Request the CEO to develop a detailed implementation action plan in consultation with the
community reference group to inform Council’s future budget processes;
E. Note that Council has been awarded $310,000 in state government grant funding for two
climate change resilience pilot projects to work in collaboration with other southeast
Queensland councils to increase local government capability to mitigate and adapt to climate
risk.
REPORT
Community consultation on the draft Climate Change Response Plan ran for six weeks from 19
March to 30 April 2021, with some initial targeted consultation with community groups occurring prior
to this time. The plan provides a whole-of-shire response to climate change and deals with carbon
emissions, as well as a range of climate risks and adaptation responses. The plan considers the
challenges and opportunities that climate change presents across a range of economic, social and
environmental sectors and provides important policy direction and specific actions on how to address
these. Key themes relate to energy efficiency, renewable energy solutions, clean low emissions
industries, sustainable transport, ecosystem resilience, sustainable agriculture, waste, and planning
for resilient communities.
As part of consultation the following activities were completed:
• Media statements from Council and peak bodies;
• Briefings and workshops with community groups and disaster management agencies;
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• Information in newsletters and publications;
• Public displays at key events during Climate Week;
• Emails and newsletters to community groups, business associations, utility providers and
social service networks;
• Internal briefings with Council staff;
• Information and links to the plan on Council’s Your Say Noosa Page; and
• Face to face and telephone discussions and email enquiries with the community relating to the
plan.
A total of 16 submissions were received from individuals, Unitywater, business associations and
community groups, with many providing detailed comments in support of the plan, as well as useful
suggestions for improvement. There were no submissions indicating any objections to the plan or its
contents.
At the pop up displays and events during Climate Week (21-28 March 2021), Council staff spoke to
numerous people about the range of climate related initiatives Council and the local community are
involved in and received positive feedback and support for the intent and actions set out in the
Climate Change Response Plan (CCRP).
Key messages from the submissions and the proposed Council response are summarised below:
Community comment Proposed response
Ongoing community involvement
Community groups are interested in ongoing A community reference group is to be established
involvement and being active contributors in the with community group representatives to assist with
implementation of the plan. implementing the plan.
Need to prioritise Indigenous knowledge systems Wording added to the plan to highlight the
(land management and ecosystem resilience) and importance of this Indigenous engagement.
involve and consider the needs of Kabi Kabi first
nations people.
Need to engage with youth and prioritise the Agree. The University of Sunshine Coast conducted
intergenerational issues related to climate risk. a youth survey with Noosa youth in early 2021 to
gauge what local youth think and know about climate
change and to help understand how to support,
empower and build a sense of agency for responding
to climate change. The survey targeted youth
between 14-18 years old with 425 survey responses.
The survey was conducted ahead of the Noosa
Youth Summit to be held August this year.
Monitoring and evaluation
Evaluation of the plan should be done at least The plan includes a comprehensive monitoring and
annually, not every two years as proposed. evaluation framework with ‘lead’ and ‘lag’ indicators
for measuring progress. The two-year monitoring
period is in line with the review of the Environment
Strategy. An interim-year review of the plan to set
direction for the subsequent year and support budget
submissions is now proposed.
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Community comment Proposed response
Monitoring targets in the plan don’t seem ambitious The targets to year 2030 are existing targets from the
enough to support the 2026 net zero emissions goal. Environment Strategy. The new targets in the CCRP
Some targets having a less ambitious goal of 2030. have been set to 2026 in line with the net zero-
Improve targets by making them more specific, emissions target. Edits have been made to some
quantitative and time bound to better measure targets/metrics to make them clearer and more
effectiveness and impact of plan implementation. measurable, noting that some metrics that seek to
assess the ‘impact’ of the action are qualitative (ie.
community perceptions). Other are to simply track
project completion. These measures can continue to
be improved over time as suitable data is made
available.
General comments on plan content/approach
Council should report ‘best’ and ‘worst’ case climate Agree. The CCRP takes an adaptive management
change scenarios for Noosa, not just ‘worst’ case. approach that seeks to use best available science to
Council needs to use flexible decision-making respond to climate risk, and to review and update
processes based on the best available science and approaches as new information arises. Council is
monitor and track trends to forecast and adjust as committed to using up-to-date climate information
needed - not solely a precautionary approach. from the United Nations IPCC and CSIRO.
Council should leverage learnings and initiatives Agree. Council participates in a range of
from other councils involved in climate risk collaborative partnerships with other councils to
management to avoid duplication of cost and effort. facilitate information sharing, cost efficiencies and
regional approaches.
Council has been awarded grant funding for climate
risk and resilience through a number of programs in
recent years amounting to around $3 million in
funding for Council and for cleantech business
development. Some of these grant projects are listed
in the CCRP under Implementation, Monitoring and
Review.
The CCRP should be a pre-eminent plan under While it is acknowledged that the plan cuts across a
which other plans sit eg Transport Plan, Cycling and range of Council policy documents and functions, in
Walking Plan, Local Economic Plan etc. It should not terms of the Council’s broader policy framework, the
sit under the Environment Strategy. CCRP sits under the Environment Strategy with
other natural hazards/risk management plans e.g.
bushfire and flooding. A policy framework diagram
has been included now in the revised plan to assist
with understanding policy linkages.
Theme 1: Strong leadership and governance
Include an action for divesting Council financial Council has already incorporated ethical investment
assets and services from fossil fuels to send a strong principles in its investment policy, which includes
market signal as well as showing leadership. giving preference to banks / institutions that are
considered responsible investors.
Need to provide further scientific-based education Council is participating in joint initiatives with other
and information about the climate emergency local governments in SEQ region to explore best
(including in schools). practice methods for increasing knowledge and
understanding of climate risks and emissions
reduction across all areas of the community
including youth. An education, advocacy and
community mobilisation plan will be developed as
part of the CCRP implementation to help prioritise
advocacy and education initiatives.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Community comment Proposed response
Need strong budget commitment to support Council has attracted significant grant funding for
implementation of the plan. While community groups climate risk and resilience in recent years amounting
are happy to work in conjunction with Council to to over $3million in project funding. Council has also
implement the plan, they also need significant allocated budget for commencement of year 1
resources to be able to assist Council to the level projects in the CCRP. This includes a new grant
needed to reach net zero emissions by 2026. program for emissions reduction. A detailed
implementation action plan will be developed in the
coming months to assist with identifying budget
requirements and funding opportunities.
Need strong climate action throughout Council Actions in the CCRP have been expanded to
culture and employee performance and embedded highlight the need to incorporate climate change
in staff KPIs and resource allocations. considerations across all areas of Council including
staff roles and responsibilities and in performance
planning.
Noosa is fast being overtaken by other destinations Wording added to plan regarding Council being a
in Australia who are leading the way on climate regional and state leader for climate action and its
change. Noosa needs to be at the cutting edge of role in helping to advocate for zero emissions
climate initiatives and act on climate change as a policies at Federal and State government levels.
matter of urgency.
Theme 2: Energy efficiency and renewable energy
Council needs to look at alternative energy retailers The CCRP includes an action to complete a
for its energy use and new ways of doing things eg. renewable energy investigation to assess
using its buildings/sites as virtual power providers opportunities, barriers and financial models within
(VPPs), doing peer to peer energy trading between and outside the shire for community owned
buildings, and use of battery technology. Also renewable energy projects, such as solar farms,
recommend that Council encourage the micro grids, solar gardens, community batteries for
establishment of community-based social enterprise solar storage. This work has commenced and is an
energy companies that support locally generated, extension of work already carried out by ZEN Inc on
stored and distributed energy. renewable energy opportunities.
Consider increasing renewable energy target from Council will continue to track progress against its
100% to over 100% to provide offsets for transport targets, including further detailed modelling, and
emissions that are unlikely to fully decarbonise by consider what opportunities there may be to improve
2026. the targets over time as more information and
Need to prepare detailed modelling to show how the technology solutions become available.
net zero emissions targets for Council and Further information has been added to the CCRP
community can be achieved. summarising Noosa’s projected ‘pathway to zero’.
Energy efficient lighting and appliances should be Council will continue to advocate to the State
mandated for rental properties in Noosa Shire. Government for more stringent requirements in
Owners of rental properties should be encouraged to building standards for energy efficiency and
install solar hot water systems and solar PVC renewable energy. Education and support for renters
panels. and landlords are identified within the plan
Council should explore strategies for making solar The plan provides for the completion of a Zero
power installations, solar hotwater systems and Emissions Pathways Study to identify effective and
energy efficient lighting and appliances more least cost emissions abatement opportunities for the
affordable for low-income homeowners. This Noosa community. Community grants are available
includes lobbying state and federal governments for through the Council for energy efficiency and solar
grants and subsidies. projects by community groups. A further grant
Expand strategic priorities and actions to specifically category for emissions reduction to support
include landlords and strata tenants in energy households, landlords, businesses and community
efficiency and renewable energy initiatives. groups is also to commence this financial year.
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Community comment Proposed response
Theme 3: Clean low emissions industries
Include a new action as follows: “Embed the use of Wording added in the Summary of Actions.
environmentally friendly products and services in
Council’s procurement policies and use suppliers
located in Noosa Shire where possible.
Include strategic direction to support businesses and Wording added to actions to address the need to
industries that are likely to come under pressure to support businesses in their efforts towards
transition towards decarbonisation (i.e. businesses decarbonisation. Further engagement with business
relying in large part on fossil fuels for income). groups on the ‘next steps’ will occur over the coming
months as part of implementation.
Need to make the distinction between businesses This theme is focused on two key aspects: growing
working in the environment industries sector and environmental industries in Noosa and encouraging
businesses that are working in other sectors but decarbonisation of local businesses and industry.
becoming more sustainable/low emissions. Council There are distinct actions for each.
should focus on decarbonising all industry sectors, The following definition for ‘Environmental
not just environmental industries. Industries’ has been added to assist interpretation:
Environmental industries consist of companies and
organisations which carry out economic activities aimed at
protecting the environment and managing natural
resources, including waste management, wastewater
treatment, limiting noise nuisance, correcting
environmental damage, addressing climate risks such as
bushfire, and production of cleaner technologies, products
and services, such as production of renewable energy,
electrical transport and energy saving activities.
A baseline for the number of environmental
industries and a targeted % increase is being
developed as part of the revised Economic Strategy
(local economic plan).
The EcoCheck systems for sustainability certification Noted. Council acknowledges the benefits of the
is insufficient to promote and ensure clean low EcoCheck program that Tourism Noosa and
emissions industries in Noosa. Amend to reflect a businesses promote and adopt. In conjunction with
more stringent green certification system. this, Council will continue working with businesses to
assist them to improve energy efficiency, take up
renewable energy for their operations and switch to
zero emissions transport options. This includes
determining the best certification and promotion
programs to encourage and support businesses.
Wording in the summary of actions has been
amended to reflect this.
Theme 4: Sustainable transport
Include a new action as follows: “Planting of shade Wording added.
trees to encourage implementation of the Walking
and Cycling Strategy”.
Targets for electric vehicle charging infrastructure Targets for EVs changed to 2026 to align with zero
should be by 2024 not 2030. 2030 is too late to emissions target.
encourage behaviour change.
Will Council also have a role in facilitating private Action related to EV charging stations amended to:
companies to invest in the provision of EV charging “Develop a roll out plan to incorporate electric vehicle
facilities (e.g. leasing space in key carparks)? charging stations at major destinations in partnership
Council should set incentives for take up of EVs. with EV charging providers and property owners.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Community comment Proposed response
Target also amended to: ‘By 2026, electric vehicle
charging stations will be installed at major Noosa
destinations to support the transition to electric
vehicles.
As take up of EV ownership increases, Council will
explore options for providing preferential parking for
EVs.
Include metrics for the number of charging stations Action has been included in the CCRP to install
for e-bikes, as well as EVs, and for kilometres of electric bike/scooter chargers at key locations in
pathway with canopy cover. Noosa Shire. Related metric also added.
Plan needs to emphasise the need for more frequent Council continues to lobby State Government for
and flexible bus services for Noosa Shire. Also, improved and more frequent services as well as
government needs to take all steps possible to bring electric bus fleet in Noosa.
about a system of sustainable, convenient and
affordable travel between Brisbane and Noosa that
minimises fossil fuel use e.g. high-speed rail, e-
coaches for the M1 route, and a network of local e-
buses for distribution of people from major hubs.
Theme 5: Healthy and resilient natural systems and carbon sequestration
Unitywater welcomes collaboration with Council to Noted. Council continues to work with Unity Water
explore opportunities for expansion of the Noosa on the development of Unity Water’s Total Water
recycled water system, as well as riparian restoration Cycle Management Plan for Noosa.
and stormwater treatment for Burgess Creek.
Consider adding the contribution of ‘blue carbon’ Wording added. The Nature Conservancy (TNC) are
sequestration’ in the plan, also noting the coastal investigating opportunities for seagrass restoration
stabilisation co-benefits of providing for additional in the Noosa River including the feasibility of
coastal and marine ecosystems. contributing to ‘blue carbon’.
Consider including a specific carbon sequestration Council needs to first establish a baseline and is
target. currently determining best methods for doing this.
Need to specify a tree canopy cover target for urban A shire wide target of 45% by 2030 for urban tree
areas in Noosa. eg. City of Melbourne uses 45% canopy cover has been set now based on tree
canopy estimates. Tree canopy cover is a useful
indicator for managing urban heat risk as
temperatures increase over time. For instance,
Boreen Point has a tree canopy of around 30% in the
urban area. The scope and methodology for an
Urban Greening program will be developed as part
of the implementation of the CCRP.
Increasing dune restoration, stabilisation and This is being pursued through ongoing and
revegetation are urgent issues in Peregian Beach. enhanced coastal management and bushcare
programs. The development of a Coastal
Foreshores Management Plan by Council over the
coming months will provide for a dedicated program
of foredune restoration and management in
partnership with local bushcare groups and the wider
community.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Community comment Proposed response
Consider including a metric for tracking climate Council is working with CSIRO to develop a
resilience of ecosystems and species in Noosa. framework for supporting biodiversity and
ecosystem adaptation, including clear objectives
and management interventions for climate change
risks. This will help inform future actions under the
CCRP and Environment Strategy.
Theme 6: Sustainable agriculture and food systems
Adopt a publicity strategy to encourage citizens to Agree there is a need for better coordination and
embrace food consumption practices that are more messaging for consumers and local producers. The
ecologically sustainable, locally sourced, and less role for Council in this is still being developed and
environmentally harmful. Council will continue to engage with food and agri-
businesses to better understand what industry
support is needed. There are good programs in
place to connected communities with local producers
such as Slow Food Noosa and their Snail of
Approval program, as well as Eat Local Noosa.
Develop more targeted metrics and actions for The CCRP includes a metric to track the ‘Number of
supporting farmers and the agricultural sector to farmers participating in on-ground actions through
reduce emissions and to assist farmers to implement land management programs’. A further target has
sustainable and regenerative agricultural practices. been added: ‘By 2026, the knowledge and capacity
Crops should be included in this as their of local food and agribusinesses to prepare for
management practices (land use, synthetic climate risks and take up carbon reduction
fertilisers, pesticides, soil management) have opportunities has increased’. Council will engage
impacts on climate change, biodiversity, water with agricultural groups over the coming months to
quality etc. understand best ways to support agri-business over
as part of the CCRP implementation, as well as
through development of the Economic Strategy.
Theme 7: Resilient and adaptive communities and built environments
Include new actions as follows: Council will continue to update the planning scheme
“Update the Noosa Planning Scheme to manage the with best practice measures for sustainability as well
impact of climate change on buildings and public as pursue advocacy actions to the State
spaces, including heat mitigation, flooding and Government for improvements to building codes to
bushfire risk. bring about more sustainable design outcomes that
consider climate risk and energy efficiency.
Adopt a more innovative, exploratory stance in
Council’s policies and approvals related to urban Wording states: ‘Continue to update Noosa Plan
planning, precinct development and house design 2020 planning scheme to manage the impacts of
e.g. less conventional building materials, ‘green’ climate change on buildings and public
design features and issues related to residential hard spaces including heat mitigation requirements, as
surfaces, plot ratios and vegetation cover. well as for flooding, inundation and bushfire risks’.
Need further discussion in the plan on public health Wording added.
issues, including heatwaves, cold snaps, increased
vector borne diseases, mental health, blackouts and
power shortages.
Council should be working with conveyancing Council includes natural hazard information on town
solicitors to ensure clients are briefed on planning certificates for property conveyancing
environmental hazards. searches. This includes for flooding, bushfire,
landslip, acid sulfate soils and coastal erosion.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Community comment Proposed response
UDIA seeks a balanced sustainable approach to the Noted. Council continues to explore local housing
urban environment which reasonability manages the options that consider housing affordability needs
effect of climate change without negatively impacting including sustainable building design outcomes that
on housing affordability. The proposed Climate provide for cost efficiencies for households and
Responsive Design Guidelines should clearly reduced running costs for homeowners and renters.
articulate how the guidelines intend to improve
sustainability and resilience without damaging
housing affordability.
Consider setting a target of 60% of Noosa residents New target included: ‘By 2026, 60% of people in
have a very good understanding of climate change. Noosa have a very good understanding of climate
change. Council already has baseline data for this
from previous surveys.
Theme 8: Zero waste and circular economy
Reword action 8.1 to: “Create a circular economy in This is reflected in the wording. No change required.
Noosa Shire to reduce, reuse and recycle.”
Add new action: “Build community awareness about Wording added in the actions.
emissions from waste and how to reduce them (e.g.
methane emissions from food waste).
Add new targets for overall waste, not just for green The new Waste Management Plan is currently under
waste: development and will establish overall targets for
“Reduce waste to landfill by 50% 2021-2023 waste reduction to landfill.
Reduce waste to landfill by 50% 2023-2026”
Council should explore possibility of establishing a Options relating to the landfill and recycling will be
micro-factory on the landfill site to turn diverse landfill explored through themes in the CCRP relating to
waste into both valuable products and an energy waste and clean low emissions industries.
source. e.g. green ceramics from recycled glass and
clothes.
Need complete plastic free packaging and shopping Council will continue to lobby State and Federal
bags in all retail stores. government to reduce plastic packaging and will
work with Tourism Noosa to promote Noosa as a
sustainable destination that discourages the use of
single use plastic packaging.
Increase collection of recycled bins to weekly whilst Noted – for consideration as part of the draft Waste
reducing the general waste for landfill to fortnightly Management Plan currently under development.
only.
Council should undertake an audit of its three-bin
domestic waste system to evaluate its effectiveness
and in consequence make any changes deemed
necessary to make it more effective.
Council should initiate a two-pronged publicity
campaign aimed at stopping food waste going into
landfill by (1) encouraging households, workplaces
and businesses to adopt composting, where
practicable and (2) exploring strategies for those
unable to undertake their own composting.
Noosa Council should initiate a study of the
challenge of disposable, single-use coffee cups, with
a view to (i) eliminating the sale of non-
recyclable/non-compostable cups and (ii) initiating a
system for collection/recovery/processing of
recyclable/compostable cups (for example,
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Community comment Proposed response
dedicated bins in popular, high-traffic locations).
Raise awareness of the need to reduce waste from
batteries and other emerging technologies.
Amend Strategic Priority 8.3 to specifically address
household and business waste, not just community
waste. e.g. Create a fourth bin for organic/food waste
for households and a mandatory strategy for
restaurants and cafes.
Need a 2026 target of 75% or similar to help achieve
the zero emissions goal. Could a trial be
implemented by 2023 where X number of
households have a separate food waste bin that is
sent to a commercial composting facility that then
supplies compost to local farms.
Regional Climate Action Roadmap
Noosa Council in conjunction with Sunshine Coast Council has been awarded a grant for $210,000
from the state government through the LGAQ’s Queensland Climate Resilient Councils (QCRC)
grant program to further the councils’ climate change programs. The objective of the grant is to
develop a climate action roadmap that addresses both climate change impacts and the transition to
a low carbon economy.
The project will pilot the implementation of the QCRC’s Climate Risk Management Framework and
guidelines. It will build a positive foundation for region-wide climate action and provide the councils
and the broader community with an increased awareness and understanding of climate risks and
their implications, as well as provide a strategic position statement for responding to regional climate
risks.
Through this project, the councils will be inviting involvement from key community representatives
and industry leaders to help identify best practice approaches for the different economic, social and
environmental sectors across the Sunshine Coast. The project will also have a broader education
and awareness raising component through the development of a climate information tool kit.
QCRC Alliance Grant
The State Government has awarded a further collaborative grant of $100,000 to a number of south-
east Queensland councils including Noosa to work together to co-design, develop and manage a
Climate Resilience Alliance. The grant will support the appointment of a coordinator to support the
participating councils in accelerating on-ground, community wide actions to reduce greenhouse gas
emissions, transition communities to a low carbon economy, and build resilience to climate risk. The
councils will be working together to determine a specific focus for the project over the coming months.
Previous Council Consideration
Ordinary Meeting Minutes, 18 March 2021, Item 6, Page 23
That Council note the report by the Principal Strategic Planner and Carbon Reduction Officer to the
Planning & Environment Committee Meeting dated 9 March 2021 and approve the draft Climate
Change Response Plan for the purpose of community consultation, provided at Attachment 1 to the
report.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Ordinary Meeting Minutes, 20 August 2020, Item 2, Page 9
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting on the Climate Change Response Plan dated 11 August 2020 and
A. Approve the Project Plan provided at Attachment 1;
B. Approve the Community and Stakeholder Engagement Plan provided at Attachment 2 to the
report, with the addition of a further community engagement outcome to be listed in the “Aims
of the Plan” as follows:
“To achieve greater Council, community and industry commitment to the implementation of the
plan as a result of meaningful collaboration during its development.”
and other such minor amendments as are determined appropriate by the Project Control Group
to achieve this outcome; and
C. Approve the updated Climate Emergency Response Plan PCG Charter provided at Attachment
3 to the report.
Ordinary Meeting Minutes, 20 April 2017, Item 5, Page 4
That Council note the report by the Program Coordinator Climate Change Adaptation to the Planning
& Environment Committee Meeting dated 11 April 2017 and
A. Approve the Community & Stakeholder Engagement and Communication Plan for the project;
B. Note the draft Climate Change Adaptation Plan (CCAP) Project Control Group charter; and
C. Appoint Councillors Jackson and Stockwell as members of the CCAP Project Control Group.
Ordinary Meeting Minutes, 20 October 2016, Item 1, Page 10
That Council note the report by the Executive Manager to the Planning & Environment Committee
Meeting dated 11 October 2016 on the outcomes of the organisation’s baseline greenhouse
emissions assessment and
A Adopt the Zero Emissions Noosa™ Organisational Strategy 2016-2026 provided at
Attachment 1 to the Report with the following changes:
1. Page 2, paragraph 3, of the Strategy to read:
It is in the Council’s and community’s interest to contribute to global mitigation of those
impacts by reducing Council’s GHG emissions; and
2. Page 6, the last sentence of Item 6.1 of the Strategy, to read:
It is in the Council’s and community’s interest to contribute to global mitigation of those
impacts by reducing Council’s GHG emissions.
B. Note that work is proceeding on the development of a detailed Action Plan to implement the
Strategy.
Finance
Potential funding sources will be actively pursed to enable ongoing implementation of the CCRP for
both emissions reduction and climate resilience. This includes investigating opportunities for
alternative revenue sources. This could include linking activities that occur locally and that derive
revenue within the community with delivery of real on-ground actions, such as Trees for Tourism in
the hinterland, other revenue for urban greening projects or revenue for science-based programs
that monitor long term environmental and climate risk using drone technology.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Risks & Opportunities
The CCRP is a program of actions that will help plan for and manage climate risks over the next 5
years and beyond. This includes making sure Council’s governance and risk management processes
are up to date and take account of the broad range of climate change challenges facing Council and
the community. This includes:
• acute (rapid onset) risks from bushfires, storms and floods, impacting people, property,
infrastructure, and the local environment
• chronic risks such as changes in average temperatures and annual rainfall resulting in
impacts to flora and fauna, increased building cooling costs, and heatwaves impacting critical
infrastructure and outdoor recreation
• transitional and economic risks such as a levy on carbon emissions at Council’s landfill,
impacts on local tourism, impacts on Noosa’s reputation as a sustainable destination, and risks
due to slow transition to a clean sustainable economy.
These transitional and economic risks should be viewed as an incentive to transition to a cleaner
economy and society more rapidly; a form of first-mover advantage. Taking such steps in Noosa,
sooner rather than later, is likely to minimise pressure on future budgets for Noosa Council, and
provide the Noosa community with opportunities to innovate and lead by leverage Noosa’s clean
green credentials.
Human Rights Act
In developing the CCRP, the subject matter has been considered in accordance with the
requirements of the Queensland Human Rights Act 2019. It is considered that the subject matter
does not conflict with any human rights and supports a human rights approach to decision making
by Council.
Council representatives will endeavour to act and make decisions under this policy in a matter that
is compatible with human rights. In particular, representatives will endeavour to:
• identify relevant human rights which may be affected by the action or decision;
• give proper consideration to the impact of its actions and decisions on human rights; and
• ensure that any conduct or decision by Council which limits an individual’s human rights is
reasonable and justifiable.
Consultation
External Consultation - Community & Stakeholder
As mentioned, a community reference group will be established that includes representatives from
the community to provide advice on implementation of the plan. This will be commenced within 3
months of council endorsement of the final CCRP and the group will assist with developing a detailed
implementation action plan.
Further community and stakeholder consultation will commence in the coming months through the
Regional Climate Action Roadmap project.
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