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2019-10-08 Planning & Environment Committee Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 8 October 2019
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson, Tony Wellington
“Noosa Shire – different by nature”
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Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
DEPUTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 MCU19/0017 & RAL19/0004 - DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE FOR COMMERCIAL BUSINESS - TYPE 1 OFFICE, TYPE 2
MEDICAL, ANCILLARY DWELLING UNIT AND RECONFIGURATION OF A LOT -
ACCESS EASEMENT, SITUATED AT 36 & 40 HOFMANN DRIVE, NOOSAVILLE 3
2 MCU16/0079.04 - REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR
EXTENSIONS TO RSL CLUB AT 5 MEMORIAL DRIVE, TEWANTIN 23
3 PROPOSED LOCAL LAW AMENDMENTS - ADVERTISING DEVICES - POST
PUBLIC CONSULTATION PROPOSED CHANGES 35
CLOSED SESSION -
Page 2 of 48
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU19/0017 & RAL19/0004 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF
USE FOR COMMERCIAL BUSINESS - TYPE 1 OFFICE, TYPE 2 MEDICAL, ANCILLARY
DWELLING UNIT AND RECONFIGURATION OF A LOT - ACCESS EASEMENT,
SITUATED AT 36 & 40 HOFMANN DRIVE, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development Department
Index ECM/ Application/ MCU19/0017 & RAL19/0004
Attachments 1. Proposal Plans (Note: 13 page attachment provided separately to this report)
APPLICATION DETAILS
Applicant Ribarja Pty Ltd
Proposal Development Permit for Material Change of Use - Commercial Business
- Type 1 Office and Type 2 Medical, Ancillary Dwelling Unit
Development Permit for Reconfiguration of a Lot – Access Easement
Properly Made Date 12 February 2019
Information Request Date 28 February 2019
Information Response Date 14 June 2019
Decision Due Date 11 November 2019
Number of Submissions Not applicable
PROPERTY DETAILS
Property Address 36 & 40 Hofmann Dr, Noosaville
RP Description Lot 6 & 7 SP 264847
Land Area 4000 m² & 4000 m²
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Shire Business Centre (Precinct E4)
Overlays Biodiversity Overlay (Environmental Enhancement and Protection Area)
Natural Hazard Overlay (Acid Sulphate Soils)
Assessment Type Code
Page 3 of 48
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 8 October 2019 regarding Application No. MCU19/0017 for a Material
Change of Use - Commercial Business - Type 1 Office, Commercial Business - Type 2 Medical,
Ancillary Dwelling Unit, and RAL19/0004 for a Reconfiguration of a Lot – Access Easement
(alteration of existing) situated at 36 & 40 Hofmann Dr, Noosaville and:
A. Approve the application in accordance with the following conditions:
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 listed within this Decision Notice. The approved plans are
listed in the following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
DA-00.00 16 Cover Sheet 11/07/2019
DA-10.12 01 Site context plan – adjusted boundary 22/05/2019
DA-21.10 21 Basement floor plan 17/07/2019
DA-21.20A 33 Ground floor plan 15/08/2019
DA-21.21 18 Level 1 plan 11/07/2019
DA-21.22 14 Level 2 plan 29/03/2019
DA-21.30 13 Roof plan 29/03/2019
DA-30.10 13 Elevations 3/06/2019
DA-31.10 11 Sections 29/03/2019
DA-31.11 07 Sections 29/03/2019
DA41.01 07 Perspective renders 3/06/2019
DA-41.02 08 Perspective renders 4/06/2019
D-02391.01-C Change to Carparking & Proposed 12/09/2019
Easements
Nature and Extent of Approved Use
3. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting nuisance or other emissions.
4. The number of practitioners on site must not exceed 98 at any one time. Any
Community Management Statement (CMS), tenancy agreement, lease or the like
must specify the maximum numbers of practitioners permitted for each tenancy/lease
area. Details of the proposed arrangement must be submitted to Council prior to the
commencement of use.
Currency Period
5. The Currency Period for this development approval lapses if the use has not
happened by 17 October 2025, unless an application to extend the currency period is
approved by Council.
Page 4 of 48
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
Building Height
6. The maximum height of the roofline of the development must not exceed 10.2 metres
and the lift well must not exceed 11.3 metres above the finished ground level and the
natural ground level.
7. Certification must be submitted to Council from a Licensed Surveyor which certifies
that the building does not exceed the maximum height requirement of this Decision
Notice.
Performance Bond
8. Security in the form of a cash bond or trading bank guarantee to the sum of $25,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to the issue of a Development Permit for Operational Works. The cash
bond or trading bank guarantee will be returned on performance of the conditions of
approval less any costs incurred by Council in respect of enforcing performance of
this permit. Council reserves the right to call upon the bond or guaranteed sum to
effect compliance with conditions.
Staging of Development
9. The development is not to be staged, unless otherwise approved in writing by
Council.
Street Identification
10. The street address of the development must be clearly visible and discernible from
the primary frontage of the site by the provision of a street number and, where
appropriate, the building name.
Building Appearance
11. Ground floor tenancy front glazing along the frontage must be fully transparent as
shown on the Approved plans.
12. The external finishes of the building must include a mix of materials, variation in roof
form, balconies and extensive eaves as shown on the Approved plans.
13. All mechanical equipment and other service infrastructure located on the site must be
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.
Acoustics
14. Windows of the building should have acoustic properties, such as thickness and/or
glazing of the glass to offset any noise from the adjoining industrial estate.
Land Amalgamation
15. Both lots subject to the development must be amalgamated, prior to the lodgement of
a Development Permit for Building Works.
Public Safety
16. During operating hours, all parking areas, pedestrian areas and entrances/exits to all
stairwells, travelators, lifts, foyers and public toilets must be well lit with vandal
resistant lighting and with intensities to satisfy the requirements of Australian
Standard AS1158 “Public Lighting Code”. Lighting must be designed to reduce the
contrast between shadows and well lit areas.
Page 5 of 48
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
Community Management Statement
17. Any proposed Community Management Statement required for the development
pursuant to the Body Corporate and Community Management Act 1997 must be
submitted to Council for endorsement at the same time as submission of the Building
Format Plan (or similar) to Council for compliance assessment and must specify the
maximum number of practitioners for each tenancy area.
18. All clauses and by-laws of the proposed Community Management Statement must
accord with the requirements of this Decision Notice.
External Works
19. Hofmann Drive must be upgraded for the length of its frontage to the subject site.
The works must be undertaken in accordance with an Operational Works approval
and must be generally in accordance with Lambert & Rehbein Figure number
B18254-SK-001 J (attached to Lambert & Rehbein letter of 22 August 2019) and
include in particular:
a. construction of road widening, kerb and channelling and underground
stormwater drainage
b. construction of the realigned pedestrian footpath
c. MUTCD compliant signage to prohibit the use of the access for heavy vehicles
(excluding emergency vehicles), and signage to direct staff and customers to
the onsite parking areas
d. replacement of any removed/disturbed vegetation in the road reserve
e. removal of any redundant sections of the existing access, kerb and channel
f. relocation/reinstatement of existing services both above and below ground.
Site Access and Driveways
20. Design and construct the access to Hofmann Drive generally in accordance with
Lambert & Rehbein Figure number B18254-SK-001 J (attached to Lambert &
Rehbein letter of 22 August 2019) and in conjunction with an Operational Works
approval. The access is to be designed to accommodate:
a. regular exit onto Hofmann Dr by a 12.5m HRV, occasional entry to the site by a
12.5m HRV (the vehicle can use the whole of the through lane in Hofmann Dr
and both sides of the internal access road); and
b. regular entry to the site by an 8.8m MRV (the vehicle can straddle the left turn
lane in Hofmann Dr but use only the entry side of the internal access road).
21. Prepare, implement and maintain an access management plan to direct trucks
servicing the development to enter the site only from Rene Street, not via the
Hofmann Drive access. The management plan must be submitted as part of an
Operational Works approval.
22. Install MUTCD compliant signage at the Hofmann Drive entry to the site: “No trucks”
– “Emergency Vehicles Excepted”.
23. A sealed access driveway must be provided from Hofmann Drive to all parking and
manoeuvring areas of the development. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
a. a driveway crossover generally in accordance with Council’s Standard Drawing
RS-051
Page 6 of 48
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
b. suitable safety measures, including warning signage, to improve driver
awareness. Warning signage must be provided near the exit ramp from the
underground parking area to warn motorists of traffic movements along the
access easement street
24. Appropriate sight lines from the basement car park must be demonstrated with any
operational works application and prior to Operational works approval. Any
associated easements must be registered and available prior to the issue of an
Operational works approval.
Car Parking
25. A minimum of 281 car parking spaces & 46 scooter/motorcycle spaces must be
provided and marked on the site and made available and accessible at all times while
the use is open for business. The works must be undertaken in accordance with an
Operational Works approval and must include in particular:
a. 7 disabled parking spaces within the car parking total;
b. 1 additional car space for the exclusive use for Lot 5 on SP264847 as per the
requirements of Condition 33;
c. pedestrian routes generally in accordance with the approved plans;
d. dimensions, crossfalls and gradients in accordance with Australian Standard
AS2890: Parking Facilities for the relevant user class.
26. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
27. Directional signage must be provided to direct visitors and customers to the car
parking spaces provided on site.
Service Vehicles
28. Service vehicle parking, manoeuvring and standing spaces must be provided on the
site. The works must be undertaken in accordance with an Operational Works
approval and must be generally in accordance with the approved plans.
Pedestrian and Bicycle Facilities
29. Pedestrian and bicycle facilities must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. pedestrian pathways between the proposed car parking area and the building/s;
b. adequate separation of all specific pedestrian routes from vehicle access and
manoeuvring areas, and clear demarcation by pavement marking, signposts or
changes in surface materials or levels;
c. signage and lighting at strategic locations to direct people to building entries
and public toilet facilities;
d. pedestrian refuge areas at strategic locations within the carpark to ensure safe
and convenient congregating of pedestrians waiting to cross major access
driveways;
e. a total of 82 bicycle parking spaces;
f. end of trip facilities involving a minimum of 10 lockers, 4 male and 4 female
showers and change rooms.
Page 7 of 48
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
Electricity and Telecommunication Services
30. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
31. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and
all applicable legislation at the time of construction.
Easements
32. The existing access easement that extends through the site must be modified to
encompass the proposed traffic movements and be generally in accordance with
Change to Carparking & Proposed Easements plan, Reference no. D-02391.01-C,
dated 12.09.2019.
33. An easement for carparking purposes must be registered in favour of the adjoining
property (Lot 5 on SP264847) against the title of the subject site. The easement must
be of sufficient dimensions to fully encompass the proposed parking space indicated
on Change to Carparking & Proposed Easements plan, Reference no. D-02391.01-C,
dated 12.09.2019. The terms of the easement must be submitted to Council for
approval as part of the subsequent plan sealing application and be registered prior to
the issue of any Operational Works approval.
34. An easement for sight line purposes must be registered in favour of the subject
property against the title of the adjoining property (Lot 5 on SP264847). The
easement must be of sufficient dimensions to fully encompass the necessary sight
lines indicated on Change to Carparking & Proposed Easements plan, Reference no.
D-02391.01-C, dated 12.09.2019. This must be in accordance with AS\NZS2890. The
terms of the easement must be submitted to Council for approval as part of the
subsequent plan sealing application and be registered prior to the issue of any
Operational Works approval.
35. Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property.
36. All easements must be designed in accordance with the planning scheme and
granted at no cost to the Grantee. Where the Grantee is Council or a service
authority, the easement documentation must be in accordance with the Grantee’s
standard easement terms. Draft easement documentation must be submitted to
Council for endorsement.
37. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
38. All earthworks and associated retaining structures/batters/anchors must be
undertaken in accordance with an Operational Works approval, and contained
entirely within the subject site unless written permission from the respective
landowner(s) is provided to Council.
39. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All
retaining walls that are publicly accessible and exceed 1.0m in height must be fitted
with a commercial grade safety fence.
Page 8 of 48
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
Damage to Services and Assets
40. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the
development.
Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
Signage
41. Proposed signage for the premises is to be in accordance with Council’s signage
policy.
42. Any proposed signs must be integrated into the building design. A signage plan must
be submitted with an application for Operational works detailing the proposed
location, size and number of signs.
43. Only 1 pylon sign is permitted for the subject site.
Landscaping Works
44. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and the Planning Scheme Policy 3
Landscaping Plants and Guidelines for that specific area and must include in
particular:
a. the works shown on the approved Ground Floor Plan;
b. Advanced tree species, shrubs and grounds covers to the frontage of the
development to provide visual screening the bulk of the building including:
i. A minimum of 8 x 100L trees that are of local native species;
ii. landscaping must provide for local native shade trees suitable for the area
to reduce solar reflection and provide local amenity;
iii. landscaping must provide a range of ground covers and shrubs to soften
the bulk of the buildings and provide visual disruption of continuous walls
and facades;
iv. Landscape gardens beds must be of sufficient depth, area and growing
media to promote good plant growth.
c. vegetated screening of any electrical transformers, retaining walls, bin storage
areas, ancillary pump facilities and the like from the road frontage.
45. 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.
46. All landscape works must be maintained generally in accordance with the approved
design for the life of the development.
Stormwater Management
47. In conjunction with submission of any development application for Operational Works,
provide a revised Stormwater Management Plan, relevant modelling, and revised site
drainage design which achieves the following:
Page 9 of 48
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
a. The flood detention function is to be completely removed from the bioretention
device and the downstream detention tank increased in size to fully serve the
required detention function. Retaining walls surrounding the bioretention device
are to be reduced in height so that amenity, accessibility and light penetration
are improved; and
b. Revised detention tank design calculations and documentation is to be provided
which identifies all assumptions and the methodology applied in deriving the
tank design and which is based on the recommendations of Australian Rainfall
and Runoff 2019 and QUDM 2017. Ensemble temporal patterns are to be
utilised for the analysis as well as the current rainfall intensities recommended
by Bureau of Meteorology. The detention tank is to either achieve non-
worsening for the range of durations relevant to the downstream drainage
network or is to demonstrate flows are consistent with the design of the
network.
48. Bioretention devices are to be designed in accordance with the Bioretention
Technical Design Guidelines (Water by Design, 2012), and IPWEQA Standard
Drawing No. WSUD-001 and are to be provided with a free-draining outlet from the
sub-soil drainage system.
49. Permanent educational signage must be erected to educate the public about the
function of the bioretention device(s). The dimensions, standard, presentation and
location of the educational signage must be in accordance with an Operational Works
approval.
50. All stormwater quality treatment devices must be maintained in accordance with the
Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1).
Records of all maintenance activities undertaken must be kept and made available to
Council upon request.
51. Any proposed Community Management Statement required for the development
must include Water by Design (2009) Maintaining Vegetated Stormwater Assets
(Version 1) and must include the full cost of maintaining the system in accordance
with Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1).
The cost of maintaining the system must be included in the proposed levies for each
shed owner.
Acid Sulfate Soils
52. All works must be carried out in accordance with an Acid Sulfate Soil and
Groundwater Management Plan for the development prepared by a suitably qualified
person and referenced in a Development Permit for Operational Works. The Acid
Sulfate Soil and Groundwater Management Plan submitted with the application for
Operational Works must detail:
a. Management necessary for the proposed filling to avoid any impacts of the
Potential Acid Sulfate Soils identified on the site – in particular impacts related
to compacting Acid Sulfate Soils into the groundwater table and releasing water
contaminants;
b. design measures necessary to prevent any oxidation of the potential acid
sulfate soils or transfer of acid sulfate soil leachates via dewatering of
groundwater through underground pipe bedding material;
c. Any other matters necessary to prevent the oxidation of potential acid sulfate
soils or release of Acid Sulfate Soil related water contaminants.
53. All waters, including stormwater runoff, groundwater seepage and leachate from acid
sulfate soils must be suitable for the downstream environment prior to release from
the site.
Page 10 of 48
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
Waste Disposal
54. The developer must provide waste storage and disposal facilities in accordance with
Waste Management Plan identified as Appendix E as submitted to Council on 14
June 2019 and Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings
and Commercial and Industrial Premises”. The facilities must include an external
impervious area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties. A bin wash area is required
with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap.
The drain outlet must be designed to prevent storm water entry to the sewerage
system.
55. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
56. Public bins must be provided throughout the car park to reduce littering. Bins
provided must be for refuse and recycling and be decanted into the bulk bins by the
site operators.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The proposal is for a Material Change of Use for Commercial Business Type 1 Office and Type 2
Medical, Ancillary Dwelling Unit and Reconfiguration of a Lot to alter an existing access
easement. The development is to cater for General Practitioners, specialists, nurses and allied
health professionals which are to be supported by radiology and pathology services. The facility
will have the ability to provide day surgery and endoscopy services as well as a rehabilitation
gym. It is anticipated that the centre will operate: Monday to Friday – 6am to 8pm, Saturday and
Sunday – 6am to 5pm.
The proposed building is to be constructed over two lots (to be amalgamated) and comprises a
northern and southern building joined by a common foyer. The proposed building is 3 storeys at a
height of 10.2 metres, with the lift overrun at 11.3 metres.
The development will have a total gross floor area of 6391.23m2. The proposal plans illustrate an
indicative tenancy layout and mix that includes the following:
Basement level: carparking, service and plant rooms, bike lockers and secure bike parking
area.
Ground floor: central entrance, foyer, ambulance drop zone, consulting/tenancy rooms,
rehabilitation centre, hydrotherapy pool and bin store and waste/ loading dock, carparking.
Level 1: carparking, consulting/specialist/office rooms.
Level 2: consulting/specialist/office rooms.
The main vehicular access to the site will be from the existing access easement off Hofmann
Drive, located at the north eastern portion of the site. Secondary access from the south is
provided from the existing access easement. In order to facilitate access, an extension to the
existing access easement is proposed to provide a wider and separated entrance and exit area
to Hofmann Drive, requiring approval to reconfigure the subject lots.
The proposed development will incorporate parking over three levels which will provide 281 car
spaces, 46 motorcycle/scooters spaces, 82 bicycle spaces and end of trip facilities. The
development also provides for 1 car space for the exclusive use for the adjoining development
(42 Hofmann Drive) to replace 1 space to be removed from 42 Hofmann Drive to achieve
adequate sight lines for the subject site.
Page 11 of 48
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
A bio-retention basin is proposed at the northern part of the site. Waste storage and maneuvering
areas are located in the south eastern corner of the site.
The application is before Council due to the significance of the site and proposed number of
storeys.
Refer to Figure 1- Proposed development
Page 12 of 48
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
Page 13 of 48
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
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Page 13 of 48Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
Figure 1 – Proposed development
2. SITE DETAILS
2.1. Background
A pre-lodgement meeting was held in 2018 with regard to the current proposed uses, but at a
greater plot ratio (0.95:1) than that currently proposed. It was indicated a plot ratio of 0.95:1
would be unlikely to be supported. There was general support for a 3 storey building, only if the
building were to present as 2 storeys to the street, with the third storey setback and not
prominent to the street. It was also identified that the building should reflect the Noosa design
style and be well articulated, using a variety of building materials.
2.2. Site Description
The site, subject to the proposal, is 2 lots that have a 105 metre frontage to the western side of
Hofmann Drive. The site is a grassed and vacant site with some vegetation at the front of the site
and along the rear boundary. A concrete access driveway connecting the site to Hoffman Drive
and sites to the south is located across the front of the site. The site is relatively flat with a fall of
less than one metre from the rear of the site to the front. The site has several easements located
across the front of the site for access and services.
Page 14 of 48
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
Refer Figure 2 – Subject site
Figure 2 – Subject site
2.3. Surrounding Land Uses
The Noosaville industrial estate is located along the western boundary of the site and contains a
mix of industrial businesses. Boral Concrete adjoins the site which has an existing 20 metre high
concrete silo. A self-storage warehouse adjoins the site to the south and the Noosa Civic
Shopping Centre is located opposite and to the east of Hofmann Drive.
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;
The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
Page 15 of 48
Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
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 following assessment benchmark from the Planning Regulation 2017 applies to the
application:
SEQ Development Area
The proposal is for 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:
Noosaville Locality Code
Business Uses Code
Residential Uses Code (ancillary dwelling unit only)
Landscaping Code
Works Codes
Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Shire Business Centre
(Precinct E4). The proposal is for consistent uses within the zone and is required to follow a code
assessable application process. The Shire Business Centre provides for business and
employment needs by providing a range of Business Uses. Precinct E4 is identified as an
employment precinct and is intended to provide for expansion of the Noosa industrial estate and
link between the industrial estate and business uses in the centre. Although the proposed uses
are not industrial, the proposed uses provide a reasonable transition between the two areas and
are compatible with the existing pattern of uses in the centre with offices opposite the site.
The proposal includes a number of tenancies for commercial use and will provide a number of
employment opportunities for the Shire.
Criteria Planning Scheme Proposal Complies
Plot ratio 0.6:1 0.798:1 X
Landscaped open space 15 % (1200 m² min) 18% (1485 m²)
Landscaping Setbacks 6 m width > 6m
Building height
storeys 2 storeys max 3 storeys X
metres 10 metres 10.2/11.3 metres X
Boundary setbacks Premises adjoining internal loop 7-18 metres (1st 2
road, 6 metres for 1st 2 storeys, 9 storeys)
Frontage
metres for 3rd storey. Not
Up to 17-29 metres
applicable for this development in
(3rd storey)
the Shire Business Zone
Side (south)
0 metres
Side (north)
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
Criteria Planning Scheme Proposal Complies
Rear 0- 7 metres
0 metres
Carparking 1 space per 20m 2 of use area or 3 281
spaces per medical practitioner
46 motor
whichever is the greater + 1 space
cycle/scooter
for Ancillary Dwelling Unit
Equates to 285 spaces based on
use area + 29 motorcycle spaces. Total: 292.5 spaces
Total 292 spaces
(+1 for exclusive use
for No. 42 Hofmann)
Bicycle Spaces 1 bicycle space per 50m 2 of GFA 1 space per 78m2 X
(128 spaces) Total 82 bicycle
End of Trip Facilities
spaces
1 locker per 2 bicycle spaces (41
10 lockers X
lockers) and;
1 shower cubicle with ancillary 8 shower cubicles
change room per 10 bicycle
spaces
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of
the assessment against the codes are discussed below:
Uses
The proposed uses are a mix of Medical and Office tenancies and associated car parking over 2
levels with the lower basement level allocated to car parking and utilities. The tenancies will cater
for General Practitioners, specialists, nurses and allied health professionals which are to be
supported by radiology and pathology services. The facility will have the ability to provide day
surgery and endoscopy services as well as a rehabilitation gym. In addition, 1 Ancillary Dwelling
unit is proposed on the second level and will be used for caretaking purposes associated with the
centre. The unit is 43.59m2 in area which complies with the maximum floor area detailed under
the scheme of 150m2.
Plot Ratio
The proposal has a plot ratio of 0.79:1, which exceeds the maximum amount specified under the
Specific outcome in the Noosaville Locality code of 0.6:1. Plot ratio maximums guide building
scale and bulk, allow for landscaping and facilitates onsite stormwater management and
vehicular access.
It is noted that no plot ratio is specified for industrial uses which are consistent uses for the
precinct and that the proposed plot ratio is consistent with the ratio specified for other business
centres in the Shire.
The scale of proposed building is similar to existing industrial development in the area, and
provides extensive setbacks to Hofmann Drive, is well articulated using a mix of materials and
has varied roof lines and balconies. The top level is further stepped back from the buildings
façade, minimising bulk to Hofmann Drive and minimising its prominence to the street. Extensive
landscaping is provided for in the front setback.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
It is acknowledged that the building does present some appearance of bulk to the southern and
western properties. However, a large self-storage building with a 56 metre wall adjoins the
proposed southern elevation and industrial sheds adjoin to the west. The approved self-storage
buildings adjoining the subject site has a comparable plot ratio of 0:86.1. The proposed building
will assist in screening the large existing wall where viewed from Hofmann Drive.
The proposed development proposes landscaping more than 18% of the site, complying with the
minimum requirement of 15%.
Therefore, it is considered that the proposed development complies with the relevant Specific
Outcomes of the Noosaville Locality Code.
Height
The proposed development is a 3 storey building, at a height of 10.2 metres and lift over run at
11.3 metres. The proposal does not comply with provisions in the Noosaville Locality Code
relating to building height in metres and storeys. A maximum height limit of 10 metres, 2 storeys
is allowed in the Shire Business Centre zone. A portion of the pitched roof slightly exceeds the
stipulated height of 10 metres by 0.2 m. The applicant advises, this height is a result of the
requirements for additional slab thickness and internal floor to ceiling heights to cater for the
heavy specialist medical equipment. The raking roof form also contributes to the overall height.
The lift shaft extends to 11.3m and is located in the centre of the site and is not largely visible to
the surrounding areas.
The proposed building is well setback from Hofmann Drive, is well articulated with strong
horizontal and vertical design elements and uses a mix of building materials. Balconies, large
eaves and varying roof lines provide a building that is consistent with Noosa architectural design.
The third storey is well setback, ranging from 17-29 metres setback from the front boundary and
will not dominate the street. Overall, the proposed building is of a compatible scale to the
surrounding industrial and commercial area, and the third level will not appear out of place.
Parking
The use area of the development is 5665.99m2. The Noosa Plan requires for the proposed use, 1
space per 20m2 of use area for office and medical, or 3 spaces per medical practitioner
whichever is the greater and 1 space for the ancillary dwelling unit. It is not known how many
practitioners will be on site, so based on floor area, the development provides a total of 292
equivalent car spaces which consists of 281 car spaces, 46 motor cycle/scooter spaces, thus
complying with the required car parking rate of 1 space per 20m2.
There is a risk that if the site has a large number of practitioners as typically seen for medical
centres, parking may become an issue, given there is no on street parking for potential overflow.
Based on the provision of 292 car spaces, and 3 spaces needed for each practitioner, this would
equate to 98 practitioners. It is therefore considered prudent to condition the approval to a
maximum of 98 practitioners on site at any one time to ensure that adequate on-site parking is
provided for.
The development also provides for an additional car space in favour of adjoining lot No. 42,
which is identified as an access and carparking easement as discussed further below.
Access and Parking
Hofmann Drive
There is an existing access easement running along the site frontage to Hofmann Drive, exiting
onto Hofmann Drive at the northern end of the site. Refer Figure 3 – existing easements. The
exit to Hofmann Drive is a left turn exit only, restricted by the raised central median along
Hofmann Drive. The existing Hofmann Drive access and easement are not configured to
accommodate entry to the site direct from Hofmann Drive as the access was designed for
industrial uses. The access easement links the subject site and site adjacent to its south (which
is developed as a self-storage facility) with access to Rene Street.
Page 18 of 48
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
Figure 3 – existing easements
The development proposes to alter the existing Hofmann Drive access to accommodate entry to
the site from Hofmann Drive, although still restricted to left turns only by the existing raised
median along the centre of Hofmann Drive. To facilitate that altered access arrangement, the
development proposes to create a short left turn lane in Hofmann Drive (clear of the existing on-
road cycle lane), together with associated widening of the access driveway and widening of the
access easement to facilitate two-way movement. Refer Figure 4 – Extension to access
easement.
Figure 4 – Extension to access easement
Page 19 of 48
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
The reconfigured access has been designed to accommodate exit movements onto Hofmann
Drive by a 12.5m heavy rigid vehicle (HRV), clear of an 8.8m medium rigid vehicle (MRV)
entering from Hofmann Drive allowing vehicles to pass.
If an HRV were to make a left turn into the Hofmann Drive access, it would need to slow
sufficiently to manoeuvre into the driveway and occupy the majority of the driveway which will
slow traffic on Hofmann Drive. Although this is not ideal, the applicant proposes to manage
usage of the entry to the site from Hofmann Drive through implementation of a management plan
that directs trucks to enter the site from Rene Street only, and through installation of Manual of
Uniform Traffic Control Devices (MUTCD) compliant signage at the Hofmann Drive access: “No
trucks” – “Emergency Vehicles Excepted”. A condition will be placed on the approval ensuring
this occurs.
The widening of the access easement and drop off and loading zones results in a larger hard
stand area to the front of the site than currently exists. It is recommended provision be made for
at least 8 x 100L trees within the overall landscape area either side of the access easement. The
landscape area will assist in softening the extent of hardstand presenting to Hofmann Drive.
Sight lines from development site to access easement
The main vehicular access to the parking area, off the existing easement, is adjacent to the
southern boundary of the site. The location of that main access onto the existing easement
creates potential sight line issues for vehicles departing from the access back onto the easement,
when looking toward the south across the corner of the adjoining site. There is an existing
parking space in the sight line area. A fence could be constructed along the side boundary by the
adjoining owner. To overcome this sight line safety issue the development proposes two
easements, one on the adjoining site to ensure that the sight line area remains unobscured into
the future, and the second on the subject site to accommodate relocation of the parking space
from the sight line area of the adjacent site to a new location on the subject site. Refer to Figure
5 - Access and carparking easement and new easement to accommodate sight lines.
The adjoining property owner of No. 42 has agreed in writing to the creation of an easement over
an area of land in the front of the building, to facilitate clear sightlines from the proposed Medical
Centre.
Figure 5 – Access and carparking easement and new easement to accommodate sight lines.
Consequently, the land owner of No. 42 has consented to change the approval for the existing
self-storage use to provide for the new easement and identify the new car parking arrangement.
This application was recently decided under delegation.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
A condition will be placed on this approval that ensures sightlines are achieved prior to the issue
of an operational works approval and that easements are registered at the same time.
Stormwater, flooding and drainage
The main treatment device proposed is a 100m2 bioretention system, with smaller areas treated
by grassed swales. The bioretention area represents 1.4% of the site area which is within the
expected size range for this type of development.
The bioretention system is proposed to also incorporate detention storage above the filter media
surface. The detention storage is provided by vertical block retaining walls which are
approximately 1.5m above the filter surface. These walls will:
Make maintenance of the device very difficult
Create shading of the plants, potentially reducing functionality of the device
Possibly require pool fencing to address safety
Potentially be visually unappealing.
The issues relating to the proposed device were relayed to the applicant’s consultant, with an
amended plan providing some stone cladding treatment to the proposed structure to improve the
aesthetics of the device. It is proposed to condition the development to provide a more
appropriate, better functioning device. The conditions will include a requirement to remove the
detention storage from the bioretention device.
The detention storage from the bioretention device will be relocated to the large detention tank
proposed downstream. This will achieve non-worsening of off-site discharge.
There is very little information provided in support of the detention tank sizing. The plans indicate
that the tank volume (below the weir) is 65m3 and 90m3 is provided in bioretention (between
extended detention and overflow), making 155m3 total. This equates to a detention storage
volume of 230m3/H, which is considered low given the existing and developed conditions for the
site.
A condition is recommended requiring this to be properly documented at operational works stage.
This will not impact the development layout but will effect the size of the tank.
4. DRAFT PLANNING SCHEME
The subject site is located within a Low Impact Industry zone and the Hofmann Drive Business
and Industry Precinct in the initial draft Noosa Plan. The Low Impact Industry zone is to offer a
range and diversity of employment types. The purpose and overall outcomes for the Hofmann
Drive Business and Industry precinct are as follows:
a) uses are compatible with businesses in the Noosa Business Centre and
surrounding industry activities and do not adversely affect nearby residential uses; and
b) development is well articulated, uses a variety of external building finishes and landscaping
to the front of the building to present an interesting development to the street.
It is noted that the second round of draft Planning Scheme (currently out for consultation) has a
zoning change for this site from what was previously notified. The site is now identified as
located in a Major Centre zone, Business Park Precinct. The intent of this precinct is to ‘facilitate
commercial office space for businesses and a range of professional services including health and
wellbeing, education, research and technology and knowledge-based industries’.
The proposed uses are consistent with this precinct and are subject to an impact assessable
process, as the proposal involves new buildings. Overall outcomes in this precinct include
development that is of a high architectural design that address the street frontage and are of a
sub-tropical design with car parking to be at the rear of development.
Page 21 of 48
Section 22
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
The proposed building is well articulated, using a variety of building materials and varied roof
lines. The proposed uses provide a transition from industrial uses in the Noosa Industrial estate
to the Noosa Business centre and it is considered that the proposed development is compatible
with the Noosa Business Centre.
The height limit for the proposed use is a maximum of 10 metres, 2 storeys as per the existing
Noosa Plan. The proposed plot ratio under the draft Noosa Plan is 0.8:1 and the landscaping
requirements are 15% of the site area, which is consistent with the proposal. The proposed front
boundary setbacks comply with the draft Noosa Plan which is a minimum of 4 metres for the
ground and second storey and 8 metres for the third storey.
With regard to carparking, 1 space per 20m2 is applicable for an Office or Health care service.
There is no requirement for 3 spaces per practitioner for a Health care service, for which the
proposal relates. However the latter applies to a Hospital use.
No change to the assessment outcome would result under the draft Noosa Plan.
5. CONSULTATION
5.1. Referral Agencies
Not applicable
5.2. Other Referrals
The application was forwarded to the following internal Council officers:
Co-ordinator, Engineering Development Assessment
Environmental Officer, Development Assessment
Traffic Consultant
Hydrologic Consultant
Environmental Officer, Environmental Services
5.3. Public Notification
Not applicable.
6. CONCLUSION & REASONS FOR DECISION
The proposed uses are consistent within the zone and generally comply with the relevant
provisions within the Noosa Plan. The proposed development is compatible with the Noosa
Business Centre and is considered in keeping with the Overall Outcomes sought for the Shire
Business zone and surrounding sites in the Noosaville Locality. The proposed development and
built form is compatible with and complements surrounding development and is therefore
recommended for approval.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
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 22 of 48
Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
2 MCU16/0079.04 - REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR
EXTENSIONS TO RSL CLUB AT 5 MEMORIAL DRIVE, TEWANTIN
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM Reference/ Application/ MCU16/0079.04
Attachments 1. Applicant’s letter in support of application
APPLICATION DETAILS
Application No. MCU16/0079.04
Development Approval Development Permit for Material Change of Use of Premises -
Extension to existing RSL Club
Applicant Tewantin Noosa Rsl & Citizens Memorial Club Inc
Request Received On 11 July 2019
PROPERTY DETAILS
Property Address 5 Memorial Ave Tewantin
RP Description Lot 10 on SP 273411
Land Area 6,116m2
Existing Use of Land Tewantin Noosa RSL Club
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Tewantin and Doonan
Zone Community Services
Overlays Natural Hazard Overlay (Bushfire & Acid Sulphate Soils)
Assessment Type Minor Change to Development Approval
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Section 24
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 8 October 2019 regarding Application No. MCU16/0079.04 for a minor
change to Development Permit for Material Change of Use for extensions to RSL Club situated at
5 Memorial Avenue, Tewantin, described as Lot 10 on SP 273411 and:
A. Agree to amend condition 3 to read as follows:
3. The proposed development provides for an extension to the Gaming Area (providing
for a maximum of 210 gaming machines and limited to a maximum floor area of
565m2), Smokers Terrace, Store, Children’s Lounge, basement carpark area and
other internal modifications as shown on the approved plans.
B. Refuse to delete condition 3 for the following reason:
1. Maintaining the condition allows Council to regulate the area in which gaming can
occur and ensure that the gaming area remains ancillary and subordinate to the
primary use.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks approval to change to an existing development approval. A letter
accompanying the application details the proposal as follows:
…… In the first instance (the short term) we are seeking a Variation to the existing Condition
in the DA, changing the maximum permitted number of EGMs from 195 to 210.
…. Secondly, we are also requesting that Council re-consider removing the relevant Condition
from the DA. This will allow the Club to manage this area of its business and affairs under the
scrutiny and guidance of the Commissioner of Liquor and Gaming, without the need to reapply
to Council for further variations to the DA Condition (should a similar business decision be
made in the future)
The proposed additional 15 gaming machines have been installed and are operational.
2. BACKGROUND
The Tewantin Noosa RSL has been located on the site for a number of years, with the original
building occupying the land fronting Poinciana Avenue, being Lot 3. Since that time, the RSL has
continued to grow in response to community need. The current development approvals for the
existing RSL are briefly described below:
TPC 1894 – Dining Room (Caterer’s Room) an Extension to Existing RSL;
TPC 2782 – Extensions to Existing RSL Club;
R 473 – Rezoning from Special Use – Church to Special Facilities RSL Club in accordance
with a Plan of Development;
3B-388 Special Facilities (RSL Club in accordance with the Plan of Development);
1043 TC – Tewantin Noosa RSL and Citizens Memorial Club – Liquor Sales Area &
Ancillary Changes;
MCU16/0079 - Development Permit for Material Change of Use of Premises - Extension to
existing RSL Club.
MCU16/0079.01 – An amendment to the existing approval was approved by Council on 29
August 2017 primarily relating to changes to the internal floor layouts and the roof form.
Page 24 of 48
Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
MCU16/0079.02 – An amendment to the existing approval was approved by Council on 22
May 2018 which increased the number of gaming machines from 180 to 195 machines.
MCU16/0079.03 – An amendment to the existing approval was refused by Council on 18
April 2019.The amendment sought the removal of louvre screening to the eastern elevation
of the building. At the same time amendment to the colour of the louvres was considered to
be Generally in Accordance with the approved plans.
Council also resolved at its September 2018 Ordinary Meeting to endorse submission of a motion
to the Local Government Association of Queensland (LGAQ) annual conference for consideration
and debate to advocate for changes in planning legislation around electronic gaming machines.
Subsequently, a motion was passed at the 2018 LGAQ annual conference for changes in
legislation to allow planning schemes to regulate facilities with gaming machines. The resolution
reads as follows:
Resolution 87 - Planning Powers – Electronic Gaming Machines (Noosa Shire Council)
That the Local Government Association of Queensland advocates to the Department of State
Development, Manufacturing, Infrastructure and Planning to amend planning legislation to define
electronic gaming machines as a land use and permit planning schemes to address both the land
use as well as the social impacts of electronic gaming machines on communities.”
The resolution was put to the Hon. Cameron Dick, Minister for State Development,
Manufacturing, Infrastructure and Planning by LGAQ. The Ministers response didn’t reply directly
to the resolution to amend planning legislation to define electronic gaming machines but
confirmed the Office of Liquor and Gaming as the responsible entity for electronic gaming
machine licencing.
LGAQ provided Council with Minister Cameron Dick’s response and requested whether Council
wished LQAQ to take further action. A letter from Council to LGAQ on 8 July 2019 confirmed that
Council wished LGAQ to take further action.
Consequently, LGAQ sent further correspondence to the Hon. Yvette D’Ath MP on 19 July 2019,
as the Minister overseeing the Office of Liquor and Gaming requesting a follow up discussion
with the State Government on this matter. A copy of the correspondence to Minister D’Ath was
also forwarded to Noosa Shire Council. A response from Minister D’Ath is pending.
Applications to the Office of Liquor and Gaming
Under section 55C of the Gaming Machine Act 1991 all gaming machine applications to the
Office of Liquor and Gaming considered to be of 'significant community impact' must be
advertised for public comment. These include:
an application for a gaming machine licence, including an application to grant a gaming
machine licence in place of a licence to be surrendered under section 95 of the Act
an application for additional licensed premises
an application to have the approved number of gaming machines for licensed
premises increased by a significant number (to be fixed under a Regulation)
another application that the Commissioner designates, by written notice to the applicant, as
an application of significant community impact.
Under Section 8 of the Gaming Machine Regulation 2002 a ‘significant number’ for an increase in
gaming machines is determined to be 20 or more.
As this application is for an increase of 15 gaming machines there is no requirement for
advertising for public comment.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
3. ASSESSMENT
3.1. 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;
The Noosa Plan.
The applicant has requested to make a minor change to a development approval under s78 of
the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
the development would not result in substantially different development as the use of the
site remains as approved;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new matters prescribed by regulation;
The change would not cause the application to become impact assessable as the
application has previously followed an impact assessable process.
3.2. Statutory Instruments – Planning Scheme
Condition 3
3. The proposed development provides for an extension to the Gaming Area (providing for a
maximum of 195 gaming machines and limited to a maximum floor area of 565m 2),
Smokers Terrace, Store, Children’s Lounge, basement carpark area and other internal
modifications as shown on the approved plans.
Applicant’s Request
The applicant has submitted a letter detailing the nature of the application with supporting
grounds.
The letter, included as Attachment 1, provides reasons why the application should be supported.
(The letter has been redacted to remove a paragraph containing financial information that was
provided in confidence). In summary these include:
The Office of Liquor and Gaming regulates the maximum number of machines permitted in
Licensed Community Clubs with the maximum number being 300;
An intensive application process is required to obtain machines including demand, community
benefit, impact on amenity, demographics of catchment area, traffic, crime, etc
Council has overridden the control measures of OLGR and embedded a condition in the DA
approval limiting the maximum number of permitted EGM’s at a number significantly lower
than that which can be approved, by the Commissioner
The TNRSL is a progressive Club and has an excellent reputation within the industry and the
community and the Club considers itself to be an integral part of the greater Tewantin and Noosa
communities, both as a 'business' and a provider of community services and facilities The Club
also has an excellent record with the Regulatory Agencies and does not have any relevant
negative Compliance history.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
The Club currently employs 97 staff plus three "Epic" employees. It sources significant services
and products from within the local Tewantin Noosa catchment area and these commitments to
supporting the local community are in-line with the Clubs Objects and Constitution.
…….Being able to maintain strong growth and continue to develop is linked to all of the services
the Club provides, which includes the gaming facilities.
The Club has a robust Responsible Service of Gaming (RSG) policy in place and this assists to
mitigate any potential harm from gaming. All staff are RSG and RSA trained and there are
specific Community Liaison Officers (CLOs) trained to manage gaming matters.
As part of the RSG policy, the Club has a strong focus on managing Self Exclusion and is
proactive in this regard. Currently the Club has 29 Self Excluded patrons, and this is reflective of
the management of this policy.
The Club engages outside training organisations and consultancies to assist in ensuring that it is
up to date with legislative requirements and maintaining compliance at the venue both in regard
to gaming and liquor service.
The gaming (and liquor) services provided are the subject of regular compliance and audit
processes undertaken by the OLGR. These audits are extremely thorough and the licensee (the
Committee) must meet the required standards.
The Club makes significant contributions in cash and in-kind to the community and a large
portion of this funding is sourced from Gaming Revenue. As the community grows so too must
the Club, and this allows for it to meet the expectations of its own Board, its Constitution, the
members and the local community.
Assessment of Request
The condition restricting the number of gaming machines was included in the original approval
reflective of the material provided at the time of lodgement of the application. The applicant has
submitted an application to the Office of Liquor & Gaming Regulation and has since obtained
approval to increase the number of gaming machines from 195 to 210 and the additional
machines have been installed. Notably, the RSL’s CEO has confirmed that there is no room for
additional machines beyond the current 210 as the gaming area has been maximised. Therefore,
it is not envisaged that additional gaming machines will be installed in the near future.
The Office of Gaming Regulation currently regulates and controls gaming machines in clubs and
hotels in Queensland under the Gaming Machine Act 1991. The applicant advises that
Community Club licence holders are limited to a maximum of 300 gaming machines and
Commercial Hotel and Commercial Special Facility Licences are limited to a maximum of 45
gaming machines. The objective of the Act is to ensure that the community as a whole benefits
from gaming by ensuring the integrity and fairness of games, ensuring the probity of operators
and minimising the potential harm. There is also a Responsible Gambling Code of Practice
developed by the state in May 2002 and is a voluntary code designed to promote harm
minimisation through the use of responsible gambling practices. Notwithstanding this, the
continued increase in the number of gaming machines raises some concerns at a local level as
while it may provide entertainment that may be harmless to some people it can also be a source
of great distress for a significant minority.
The current planning scheme does not regulate gaming machines. The proposed use being an
RSL club is also specifically contemplated for the site by the Noosa Plan and the existing
approval includes entertainment and dining uses. On this basis it is considered the additional (15)
gaming machines already approved by the State are in keeping with the approved use for the
site.
Page 27 of 48
Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
Consistent with the previous application to extend the number of gaming machines it is therefore
recommended that the condition be amended to reflect the currently approved number of gaming
machines to 210 and that the existing restriction relating to the area currently used for gaming
machines be maintained. The proposed increase in gaming machine numbers does not trigger
additional car parking as there is no increase to the gaming floor area.
The applicant’s request to remove the condition is not supported. Maintaining the condition
allows Council to regulate the area in which gaming can occur and ensure that the gaming area
remains ancillary and subordinate to the primary use being the operation of an RSL club.
Furthermore, maintaining the condition will allow for future regulation of gaming machine
numbers in the event that the changes sought under LGAQ Resolution 87 are legislated for.
4. DRAFT PLANNING SCHEME
The draft planning scheme does not include any provisions with regards to the regulation of
gaming machines.
5. CONSULTATION
5.1. Referral Agencies
The application was not required to be forwarded to any Referral Agency.
Contact was made with LGAQ to determine the status of Resolution 87.
6. CONCLUSION & REASONS FOR DECISION
It is concluded that while it is concerning that the RSL is continuing to increase the number of
gaming machines within the club, the proposed increase is consistent with their current state
licence. Given The Noosa Plan does not currently regulate gaming machines, it is recommended
that the condition be amended to reflect the currently approved number of gaming machines of
210 and the area currently used for gaming machines be limited to the approved area.
The applicant’s request to delete condition 3 is not supported. The current approved gaming area
is maximised, therefore maintaining the condition requires Council approval for increased gaming
machne floor area to accommodate additional machines. Furthermore, maintaining the condition
will allow for future regulation of gaming machine numbers in the event that the changes sought
under Resolution 87 are legislated for.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
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 28 of 48
Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
ATTACHMENT 1
Page 29 of 48
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
ATTACHMENT 1
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Tewantin Noosa RSL & Citizens Club Inc. = bo
* Memorial Avenue Tewantin Queensland 4565 - PO Box 15 Tewantin Queensland 4565 > ale 2
Telephone (07) 5447 1766 Facsimile (07) 5449 9272 Website www noosarsl.com.au email [email protected] -
ABN ~ 26 697 712 553 a OY G
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10 July, 2019
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Mr Brett de Chastel GG .
Chief Executive Officer {&? recon <e\
Noosa Shire Council VED
9 Pelican Street fs 1] JUL 2019 2
TEWANTIN QLD 4565 N
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Dear Mr Chastel Can 6
DEVELOPMENT APPLICATION MCU16 0079.02
Application for Variation of DA Section 4 No 3 — Increase EGM’s from 195 to 210
As you are aware there has been previous correspondence between the Club and Council
regarding the number of Electronic Gaming Machines (EGMs) permitted to be operated at the
Tewantin Noosa RSL & Citizens Memorial Club Inc. (TNRSL).
The maximum permitted number of EGMs in Licensed Community Clubs is controlled by the
Office of Liquor and Gaming Regulation (OLGR) and is set at 300. There is a robust and
intensive application process that must be undertaken whenever a venue applies for
entitlements, covering matters such as; demand, community benefit, impact on amenity,
demographics of the catchment area, traffic, crime, etc.
Whilst the TNRSL falls into the Community Club Licence category, the Council has |
overridden the control measures of the OLGR and embedded a condition in the DA approval
limiting the maximum number of permitted EGMs at a number significantly lower than that
which can be approved, by the Commissioner. |
The Club was previously limited to 180 EGMs and on application to Council in October
2018, this was varied to 195 (which had previously been approved by OLGR). |
At the same time the Club sought to have the Condition removed from the DA to allow it to |
consider increases in the future without the need to re-apply to Council. This request was
declined in correspondence dated 26 October 2018 from Kerri Coyle, Manager, Development
Assessment.
The OLGR has since approved a further 15 entitlements for the Club increasing the permitted
number of EGMs to 210.
The purpose of this correspondence is twofold.
In the first instance (the short term) we are seeking a Variation to the existing Condition in the
DA, changing the maximum permitted number of EGMs from 195 to 210. |
|
Approval of this application will allow the Club to be complaint with Council Planning
approvals,
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Secondly, we are also requesting that Council re-consider removing the relevant Condition
from the DA. This will allow the Club to manage this area of its business and affairs under
the scrutiny and guidance of the Commissioner of Liquor and Gaming, without the need to re-
apply to Council for further variations to the DA Condition (should a similar business
decision be made in the future)
We provide the below information in support of our Application/s:
The TNRSL is a progressive Club and has an excellent reputation within the industry and the
community and the Club considers itself to be an integral part of the greater Tewantin and
Noosa communities, both as a ‘business’ and a provider of community services and facilities
The Club also has an excellent record with the Regulatory Agencies and does not have any
relevant negative Compliance history.
The Club currently employs 97 staff plus three “Epic” employees. It sources significant
services and products from within the local Tewantin Noosa catchment area and these
commitments to supporting the local community are in-line with the Clubs Objects and
Constitution.
Being able to maintain strong growth and continue to develop is linked to all of the services
the Club provides, which includes the gaming facilities.
The Club has a robust Responsible Service of Gaming (RSG) policy in place and this assists
to mitigate any potential harm from gaming. All staff are RSG and RSA trained and there are
specific Community Liaison Officers (CLOs) trained to manage gaming matters.
As part of the RSG policy, the Club has a strong focus on managing Self Exclusion and is
proactive in this regard. Currently the Club has 29 Self Excluded patrons, and this is
reflective of the management of this policy.
The Club engages outside training organisations and consultancies to assist in ensuring that it
is up to date with legislative requirements and maintaining compliance at the venue both in
regard to gaming and liquor service.
The gaming (and liquor) services provided are the subject of regular compliance and audit
processes undertaken by the OLGR. These audits are extremely thorough and the licensee
(the Committee) must meet the required standards.
The Club makes significant contributions in cash and in-kind to the community and a large
portion of this funding is sourced from Gaming Revenue. As the community grows so too
must the Club, and this allows for it to meet the expectations of its own Board, its
Constitution, the members and the local community.
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The below table details the Community Contributions made during the last 12 years:
~ COMMUNITY SUPPORT CASH AND IN-KIND
DONATIONS
2008 — 2019 FINANCIAL YEARS
YEAR $ AMOUNT
2008 100,000
[2009 307,294
2000 83,903 |
monn 842,051 |
(2012, 269,788
2013 305,662
(204 349,346
205 413,358
12016 420,570
P2ou8 42,611
2019 po 461,035 |
TOTAL 12 YEARS 4,186,890
As can be seen the growth in Community Benefit donations continues to grow every year —
the latest increase from 2017/18 to 2018/19 being 4.2%.
In the correspondence received from Kerri Coyle dated 26 October, 2018 she states;
”*Council acknowledges that the Club is an important part of the Tewantin Noosa
Community and that it makes a contribution in Cash and Kind to the community.
While a portion of this funding may be sourced from Gaming Revenue, it is well
recognised and established that Electronic Gaming Machines have significant social
and economic impacts on communities and for this reason this should be carefully
managed and regulated.”
In regard to Ms Coyle’s comment relating to Gaming Revenue being a portion of the source
of community funding, we wish to emphasise that it is actually a large portion of community
funding that is sourced from Gaming Revenue. As such for the Club to be able to continue to
maintain its ability to provide these benefits, it needs to be able to grow its gaming offering as
the community develops and grows.
Again, we reference Ms Coyle’s comment above, and we agree with her statement that the
impacts of EGMs on the community need to be carefully managed and regulated and this is
exactly what is done at TNRSL under the very intense scrutiny of the OLGR.
The commentary from Ms Coyle regarding social and economic impacts implies that the
careful management and regulation will be achieved by controlling the number of EGMs
available (which Council is attempting to do through the current DA condition), however, this
is only a part of the consideration. The club’s day to day management-coupled with its ——
responsible provision of gaming and liquor services and compliance with regulatory
obligations is what ensures that the harm is minimised and controlled. (It could be suggested
that the irresponsible management of twenty EGMs would potentially have a more negative
impact on a community, than the responsible management of 220 EGMs!)
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There is a cap on the total number of EGMs in the State of Queensland and this is regulated
by the OLGR. When a venue seeks to increase the number of entitlements (or authorities, as
they are known for hoteliers) it has to acquire these from existing resources, i.e. the Public
Trustee Tender process or by purchasing from another club (Community Club licence holders
only). What this means, in practical terms, is that the number of available EGMs does not
increase, it is merely their location which changes.
Community Club licence holders are limited to a maximum of 300 EGMs and Commercial
Hotels and Commercial Special Facility Licences are limited to a maximum of 45 EGMs.
EGM numbers within Casinos are regulated separately and are not included in the cap
that is applied to Clubs, Hotels and Special Facilities licence holders.
The TNRSL has a Business Plan which has allowed the Club to develop progressively across
all of its offerings (food, beverage and entertainment) with the increases in the number of
EGMs being managed responsibility and conservatively, as a critical component to
maintaining fiscal viability in the present commercial environment and into the future.
The increases in the number of EGMs at TNRSL have occurred in a progressive manner over
27 years and have only occurred when it has been identified that there is an increased demand
within the community for access to the facilities and entertainment offering. These increased
demands then see the Club better placed to not only continue, but also increase their
contributions to the local community.
The below table details the timeline of the EGM increases:
—_ ot _ |____EGMs
pos 1992 9
TUNE 98 ft
JANUARY [1996
NOVEMBER
[MARCH [20020 |
To this end, the Club’s recent redevelopment has.been completed on the basis of the Gaming
Room being able to accommodate additional EGMs. The redevelopment also provided for
additional parking spaces and upgrades to other facilities to satisfy community expectation
and Council planning requirements.
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As advised, if Council does not see fit to remove the constraining Condition limiting the
number of EGMs completely, then this current process will have to be repeated (again).
Having to navigate this process repeatedly has cost implications for the business and impacts
on the fundamental goals of the Club and its ability to maximise its operations for the benefit
of the Club members and the community.
The issue of Gaming and access to same, (whether it be EGMs, TAB, or Online Betting) is at
best an emotive subject. The negative moral issues associated with Gaming have to be
responsibly measured against the benefits that are gained and provided to communities
through people participating in this activity. They also have to be measured against the rights
of individuals to be able to participate in this form of entertainment as they may wish.
Gaming is anecdotally referred to and recognised as a form of entertainment which is
expected to be available at licensed hospitality venues such as TNRSL and the offerings
should be reflective of the Clubs overall operations to ensure it can successfully compete in a
highly competitive marketplace that can be somewhat volatile, depending on weather,
employment, global economic issues, etc.
The jurisdictional issue relating to the control and access of Gaming is currently the
responsibility of the Commissioner of Liquor and Gaming, via the OLGR. The process
associated with obtaining a Gaming Licence and any subsequent variations to this licence is
governed by an incredibly robust and thorough application and assessment process. The
Regulatory Agency, OLGR, reviews and assesses all applications and applies extreme
scrutiny and conducts in-depth investigations before any approvals are granted. These
applications must assess demand and potential community impact across a very broad range
of matters.
The Commissioner also seeks comment from local government and Police in relation to these
applications and these comments are given significant consideration during the assessment
process and it is through this process that Council can certainly address its concerns.
It could be said that any attempt by Council to limit the ability for a licensee to make a lawful
application for variations to its Gaming Licence (by embedding limitations on these matters
within DA approvals) could be considered by some to be outside their jurisdictional remit and
perhaps place the Local Government agency in a position of conflict with the State agency
We note in the correspondence from Ms Coyle dated 26 October, that she has referenced the
following:
« ....lowever, you should be aware Council is currently seeking the State to amend the
planning legislation to allow local Governments and their communities greater
opportunities to influence and provide input into the location and extent of electronic
gaming machines at a local level. For this reason, Council is not supportive of
removal of the current limitation on gaming machine numbers in the Condition.”
We believe that this application/s should be considered on its own merits at the current time.
To reserve the decision addressing this matter on the basis that “something may happen in the
future”, could be considered as not being in the interests of natural justice and fairness to the
applicant.
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We would respectfully request that Council considers this matter and approve the application
to increase the permitted number of EGMs in the interim and ultimately remove the
constraining Condition entirely.
Kind Regards
Phil Stephenson ACCM
CHIEF EXECUTIVE OFFICER
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3 PROPOSED LOCAL LAW AMENDMENTS - ADVERTISING DEVICES - POST PUBLIC
CONSULTATION PROPOSED CHANGES
DOCUMENT INFORMATION
Author Principal Strategic Planner, Anita Lakeland
Environment and Sustainable Development Department
Index ECM/ Subject/ 37.14 – Local law No.1 – Administration Amendment
Advertising Devices
Attachments 1. List of likely anti-competitive provisions
EXECUTIVE SUMMARY
A draft local law for advertising devices was prepared to consolidate all existing advertising
device requirements currently operating under The Noosa Plan and two local laws into a single
local law.
Many of the current requirements remained largely unchanged in the draft local law, however the
new draft local law also proposed to introduce a new approvals process, annual approval licence
renewals, prohibition of certain temporary signs, allowances for new signs, requirements for
shopping centres and amendments to the definition of sign face area.
The draft local law was placed on public notification for an extended 7 week period. 302
submissions were received and have now been considered resulting in recommended changes
to the draft local law.
The proposed changes are considered substantial under Council’s Policy - Local Law Making
Process and warrant further public notification.
RECOMMENDATION
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 8 October 2019 and resolve:
A. To make the following changes to Administration and Other Subordinate Local Law
(Amendment) Subordinate Local Law (No.1) 2019:
i. reduce the number of new signs requiring approval to now only include pole, pylon,
freestanding and all illuminated signs with a one off application fee;
ii. remove any requirement for an annual approval licence or ongoing annual renewal
fees for signage;
iii. allow window and wall signs as self-assessable against the relevant criteria;
iv. allow one (1) A-frame sandwich board as self-assessable per tenancy only on private
land, with criteria relating to sign placement, size, safety and stability;
v. allow one (1) real estate directional sign per auction / open for inspection to be placed
on or out the front of the property to which it refers to, with criteria relating to size,
location and illumination restrictions;
vi. amend the definition of “tenancy” to clarify signage allowances apply to the principal
tenancy holder and not separate sub-let businesses;
vii. amend the definition of “sign face area” to clarify that architectural features or paint
trim of a building, fuel safety signs, warnings and way finding are not included as part
of the sign face area calculation;
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viii. amend the measurement of sign face area to only include the area around the
perimeter of the advertising devices, rather than drawing a square or rectangle
around it;
ix. amend the definition of “motor vehicle sign” to clarify that it does not include business
signage on business vehicles or car wrapping;
x. amend the criteria for garage sale sign to ensure it is not attached to any road
infrastructure, not just local government road infrastructure;
xi. amend reference to “nailed” to a tree or vegetation to “attached” throughout the draft
local law;
xii. make other minor changes for clarification purposes where necessary.
B. To delegate authority to the Chief Executive Officer to make changes to Administration and
Other Subordinate Local Law (Amendment) Subordinate Local Law (No.1) 2019 and
Administration (Amendment) Local Law (No.1) 2019 as a result of changes proposed in A
above and to make minor amendments prior to public notification if required;
C. To fund ongoing signage compliance through Council’s general revenue and not an annual
licence renewal fee and refer to next budget 2020/2021;
D. To maintain the prohibition of tear drop flags proposed by the draft local law;
E. To consider signage as part of a future place making program to determine whether local
characteristics warrant a local response to signage.
F. In accordance with Council’s Local Law Making Process Policy:
i. consult with the public about the proposed changes to Administration (Amendment)
Local Law (No.1) 2019 and Administration and Other Subordinate Local Law
(Amendment) Subordinate Local Law (No.1) 2019 for a period of 21 days;
ii. amend the Public Interest Test Plan to reflect the changes to the List of likely anti-
competitive provisions contained in Attachment 1;
iii. continue to consult with stakeholders on the proposed changes to the draft local law.
REPORT
The purpose of this report is to propose changes to the advertising device provisions contained in
Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No.1)
2019 and consequential amendments to Administration (Amendment) Local Law (No.1) 2019
(draft local law) for endorsement by Council for the purpose of public consultation.
1. Background
Noosa Council has regulated advertising devices since the introduction of the 1986 Design
Manual which prohibited certain signs considered out of character with Noosa and required
approval and annual licence renewal for most signs types. This manual formed the basis of
Noosa’s long standing approach to signage regulation under various local laws and currently
under The Noosa Plan.
During the preparation of Council’s new planning scheme it was determined that past experience
demonstrated advertising devices were best regulated under a more prescriptive local law
approach rather than a planning scheme. Therefore, when the new planning scheme takes
effect, advertising devices will be regulated under a local law and not under the planning scheme.
In response to this, draft amendments (draft local law) were prepared to:
Local Law No. 1 (Administration) 2015;
Subordinate Local Law No. 1 (Administration) 2015; and
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Subordinate Local Law No. 4 (local Government Controlled Areas, Facilities and Road) 2015
The draft local law consolidates current advertising device provisions operating under The Noosa
Plan and two local laws. Current provisions remain largely unchanged in the draft local law, with
total signage allowances per tenancy of up to 10sqm and up to 4sqm for individual signs
remaining unchanged.
Notwithstanding this, the draft local law also proposed to introduce the following key changes:
introduction of an approvals process for new wall, window, pole, pylon, freestanding and all
illuminated sign types;
introduction of an annual licence renewal and fee for all wall, window, pole, pylon,
freestanding and illuminated signs, including existing signage;
prohibition of A-frame sandwich boards, tear drop flags and real estate directional signs;
introduction of new sign allowances for an LCD digital window sign, development
construction hoarding, multi-tenancy arcades signs, sports sign on days and prize home
signs;
introduction of signage requirements for shopping centres; and
amendments to the definition of sign face area.
2. Consultation process
At its meeting on 16 May 2019, Council resolved to consult with the State government and the
public on the draft local law.
Consultation with State government agencies was undertaken on Administration (Amendment)
Local Law (No.1) 2019 for a period of 4 weeks from 17 May until 14 June 2019. 11 State
agencies responded raising no concerns with the draft local law.
The draft local law was then placed on public notification for an initial 5 week period from 21 June
2019. At the request of local business associations, the consultation period was extended for a
further 2 weeks and closed on 9 August 2019. During the consultation period, a range of
consultation activities were undertaken including, public notices, media releases, static displays,
Facebook messaging, website display, direct email and letter notifications and stakeholder
presentations.
The following table outlines the extent of public consultation activities undertaken during the
notification period.
Consultation activity Number
Public notification period 7 weeks (5 weeks plus 2 week extension)
21 June – 9 August 2019
Formal public notices 2
Static displays 3 Locations: Tewantin Council Chambers, Noosaville Library &
Cooroy Library
Your Say Noosa Website Electronic versions of documents
Email link for submissions
Media Releases 2
Responses to news stories 4
Facebook messaging 7 posts
38,351 reach
5884 engagement
Facts sheets and Plain English 6 x fact sheets, 1 x Q & A & plain English version of local law.
Version Electronic versions and hard copies available
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Consultation activity Number
Voice messages on call waiting Ongoing
Direct email notification 46 Real estate agents
49 development industry
27 business associations & groups
19 community groups
Direct letter notification 48 Existing signage approval holders
Engagement with business 3 meetings: Initial briefing of proposed Local Law then a follow up
associations joint meeting to discuss issues
Stakeholder focus group meetings 10 business representatives
3. Engagement and submissions
During the public consultation period a total of 24 phone / counter / email enquiries were
received.
302 written submissions were received (299 during the consultation period) including:
170 pro-forma submissions;
1 petition with 98 signatures;
169 submissions from individual businesses;
19 submissions from real estate agents;
3 submissions from business associations;
23 submissions in support of the draft local law;
71 submissions in partial support and partial objection to the draft local law; and
204 submissions in objection to the draft local law;
4 neutral submissions.
4. Key issues raised in submissions
A number of issues were raised both in support and objection to the draft local law which have
been summarised into 10 key issues.
Overwhelmingly, submissions in objection to the draft local law related to the proposed
introduction of an approvals process and annual licence renewal fees as well as the proposed
prohibition of A-frames, tear drop flags and real estate directional signs.
Key issues and comments in support and objection are summarised with a response and
recommendation below.
i. Need for regulation
A number of submissions questioned the need for new regulation stating current requirements
are adequate, there is no need to change requirements and there is no issue regarding Noosa’s
look and feel. There was some objection to having a local law instead of managing signage
through the planning scheme, seeking a more flexible approach.
Submissions in support for the draft local law indicated there was a need for strong policy to
protect Noosa’s unique environment and maintain its look and feel, and past policy had made
Noosa different.
Response
The erection of an advertising device is regarded as development under the Planning Act 2016
and must be regulated. Because the new planning scheme will no longer regulate signage a local
law must be prepared to ensure a regulatory framework is in place when the new planning
scheme commences.
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A prescriptive approach is preferred over a performance based or flexible approach to ensure
signage requirements are clear and there is consistent application of the requirements.
Regulation provides the means to address compliance issues and keep signage compliant.
Council needs a form of regulation for signage and has decided that it will occur via a local law
not the planning scheme.
Recommendation
No change to the draft local law is proposed in response to this issue.
ii. Community / Business impacts
A significant number of submissions raised concerns regarding the perceived negative impact the
draft local law will have on business, stating it is anti-competitive, anti-business, provides no
economic benefit and inhibits businesses.
Other submissions in support of the draft local law indicated a need to think of the community as
a whole and not just business needs, supporting Noosa’s approach to signage which makes it
different from other areas outside of Noosa.
Response
Signage is a community wide issue and impacts both businesses and residents. Concerns from
both business operators and residents are noted. Individual recommended changes to the draft
local law outlined in this report respond to these concerns as a whole.
It should be noted the draft local law does not change the ability for businesses to continue to
erect signage and advertise their business. There is no reduction to the current permanent
signage allowances of 10sqm for businesses or individual signage allowances of up to 4sqm. A
level playing field for signage requirements provides a fair approach across all businesses and
locations.
There are long term economic benefits to the whole community, including businesses, by
maintaining Noosa’s character and its point of difference through strong signage regulation.
Recommendation
The specific changes recommended individually in this report collectively respond to issues
around community / business impacts.
iii. One Size fits all / blanket approach
Some submissions raised concerns with the one size fits all approach to signage requirements,
regardless of location or type of business, suggesting a need to work in precincts with
businesses to establish local based signage requirements.
Other submissions supported signage requirements being consistent across Noosa indicating a
need to value and protect all areas equally.
Response
A single Shire Wide approach to signage ensures all locations are equally valued and there is a
fair and consistent set of requirements regarding signage for all businesses.
Notwithstanding this, there may be place based characteristics that warrant a different approach
that could be considered further in a future place making program.
Recommendation
No change to the draft local law is required in response to this issue.
Consider signage as part of a future place making program to determine whether local
characteristics warrant a local response to signage. Future amendments can be made to the
local law at such time if required.
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iv. Extent of consultation
Some submissions raised concerns with the lack of consultation prior to the draft local law being
placed on public notification and suggested a need for a taskforce to work with businesses.
Response
This feedback is noted and has been taken on board.
Informal consultation was undertaken with real estate agents before the preparation of the draft
local law.
An information session was given to 2 business associations prior to public notification and the
offer was made for further small group consultation with businesses.
A business focus group was established in the later stages of consultation in response to this
feedback at the time. Officers have engaged with the business associations on potential options
and responses to issues raised in submissions and they will be further consulted during the next
public notification period.
Recommendation
No change to the draft local law is proposed in response to this issue.
Continue to consult with stakeholders on the proposed changes to the draft local law.
v. Approvals process, licence renewal and fees
A significant number of objections were received on the proposed approvals process, associated
fees and ongoing annual licence renewal fees. Submitters stated fees were revenue raising, an
ongoing tax and created increased costs to business and the approvals process was an increase
in red tape, complex and confusing. Suggestions were made that Council should fund signage
compliance through their budget (general rates) and not charge businesses.
There was some support for the approval process as a means for ensuring signage meets the
requirements.
Response to approval process and fee
The purpose of the approval process and annual licence renewal is to ensure signs with an
impact on the streetscape, and most often with compliance issues, are assessed against criteria
and issued an approval to which they must comply. The annual licence renewal and fee was
aimed at maintaining and funding ongoing compliance checks of signage.
The increased red tape and ongoing financial concerns for businesses is acknowledged and
significant changes are now proposed. In this regard it is proposed that an approvals process
only be required for new signs that have the greatest impact on the streetscape and have
structural or safety concerns.
Window and wall signs are not structural and raise no safety concerns and are therefore
proposed to no longer require an approval and should become self-assessable against the
relevant criteria.
However, new pole, pylon, freestanding and all illuminated signs are structural, are prominent in
the streetscape and illuminated signs have potential fire risks and therefore are proposed to
continue to require approval. A one off application and fee for these new sign types will still be
required. This fee is cost recoverable for the assessment and approval process for these signs
only.
Response to annual licence renewal fee
Council is currently funding a signage audit and compliance program over a temporary 4 year
period through general revenue. As part of the draft local law, it was proposed that future ongoing
signage compliance be funded through an annual licence renewal fee. However, the ongoing
financial burden of an annual fee and increase in red tape for business is acknowledged and
requires review.
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Because there are wider community benefits to ensuring signage is compliant, and the character
and amenity of Noosa is maintained, it is considered appropriate for Council to continue to fund
ongoing signage compliance beyond the current 4 year program through general revenue, and
not an annual licence fee.
This program has proven successful in bringing signage into compliance and it is proposed the
compliance program and full time officer position continue.
In summary, in response to the high number of issues and concerns raised through submissions
and engagement with the Business Association, it is recommended the annual licence renewal
fee be removed from the draft local law. As a result, existing businesses with existing signage will
not require an approval or be charged any ongoing licence fees.
Only existing or new businesses proposing a new pole, pylon, freestanding and illuminated signs
will require a one off approval and application fee.
Recommendation
It is recommended the draft local law be amended to:
reduce the number of new signs requiring approval to now only include those with the
highest streetscape impact, structural or safety requirements being pole, pylon,
freestanding and all illuminated signs, with a one-off application fee. Note: This only applies
to new signs and is not retrospective, so existing business with existing signage are
exempt from needing an approval;
remove any requirement for an annual approval licence or ongoing annual renewal fees for
signage;
allow window and wall signs self-assessable against criteria, no approval required.
vi. A-frame sandwich boards
A significant number of submissions were received in objection to the prohibition of A-frames
signs, primarily from business owners. Submitters stated A-frames are needed to promote
businesses located upstairs or in arcades at the street level and daily specials and prohibition
would impact business revenue.
Supporters were concerned with the impact on visual amenity of Noosa, clutter and safety issues
on footpaths, in public areas and impacts along Noosa River.
Response to A-Frame sandwich boards
A-frame sandwich boards are temporary signs which have been identified as causing the most
significant visual clutter in the streetscape and raise the most compliance issues and complaints.
In addition, A -frames are largely located on public land within the footpath and create safety and
public liability issues. These signs have significantly increased in number with many businesses
having more than one sign per tenancy. A-frames are a significant issue along Noosa River with
tenancies placing up to 5 A-frames on public land.
It should be also noted that A –frames are not calculated in the maximum 10sqm of signage
allowed per tenancy, so are currently an “additional” allowance.
The prohibition of A-frames was aimed at reducing signage clutter, improving pedestrian safety
and accessibility and improving visual amenity particularly along Noosa River. Whilst the
reduction of signage clutter is still desirable, in response to the number of objections received, a
considered approach could be to allow 1 A-frame per tenancy on private land only. The removal
of A-frames from public land will reduce the public liability concerns and partially contribute to the
reduction of signage clutter throughout Noosa.
Ongoing compliance monitoring will be required to maintain this approach, particularly the limit of
1 per tenancy and placement on private land only. Where there is no capacity to locate the A
Frame on private land, they will not be permitted.
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The A –frame should be self-assessable and meet criteria relating to placement, size, safety and
stability.
Further consideration of the appropriateness of A-frame signs in specific locations should be
further considered through a future place making program.
Recommendation
It is recommended the draft local law be amended to:
allow one (1) A-frame sandwich board as self-assessable per tenancy only on private
land, with criteria relating to sign placement, size, safety and stability.
vii. Tear drop flags
There were a number of pro-forma submissions that objected to the prohibition of tear drop flags
but very little commentary or grounds for objection from any particular industry.
Response to tear drop flags
Noosa Council have prohibited advertising devices that move or flutter including banners and
bunting for decades. The teardrop flag (including rectangle shaped flags) have emerged as a
temporary sign used throughout centres and particularly in the industrial areas. Whilst one is
allowed per tenancy in replacement of an A-frame some business have both and many industrial
sites have multiple flags creating a banner effect.
Tear drop flags are not considered consistent with the character of Noosa and are at a height
and movement to be quite visually obtrusive in the streetscape. The prohibition of tear drop flags
will contribute to reducing signage clutter and should continue in the draft local law.
Note: The use of tear drop flags for one off community events may be appropriate through an
event permit process.
Recommendation
No change to the draft local law is proposed in response to this issue.
viii. Real estate directional signs
A number of submissions and a petition objected to the proposed prohibition of real estate
directional signs stating the prohibition restricted competition and freedom to conduct business,
are a necessary part of the sales campaign and provide public information. Submitters indicated
current rules were adequate, suggested the proposal does not pass the public interest test and
impacts business.
Supporters stated there was no public interest in one industry group having free signage on
public land, they are an eyesore, create visual pollution, are no longer needed with GPS and
should be limited to within the property boundary.
Response
Prior to formal public notification a number of requests were made by real estate agents for the
prohibition of real estate directional signs indicating they created an untidy impression of Noosa,
are redundant, and serve only to promote agency profiles.
Real estate directional signs have become a significant and regular feature on weekends around
Noosa and particularly on intersections and corners where multiple agents place multiple signs.
Many of these signs are left for longer than the allowable time, sometimes for days.
The prohibition of real estate directional signs at intersections and corners a distance away from
the property will reduce signage clutter and improve residential amenity.
Notwithstanding this, one (1) single real estate directional sign located at the subject property
when open for inspection / auction and removed immediately after is considered acceptable
where meeting criteria regarding size, location and other restrictions.
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Recommendation
It is recommended the draft local law be amended to:
allow as self-assessable, one (1) real estate directional sign to be placed at the subject
property on the day of the auction / open for inspection and removed immediately after with
criteria on size, location and illumination restrictions.
ix. Introduction of LCD window signs
Most submissions indicated general support for LCD window signs as an alternative to other
window signage. Comments in objection stated it was not in keeping with Noosa’s look and feel,
they are expensive and tacky, the requirements are too small and there should be an allowance
for both LCD screens and window signage.
Response
A single LCD screen with no other window signage reduces visual clutter in the window
contributing to improved streetscape amenity and should continue in the draft local law as
proposed.
The proposed 0.5sqm size is considered appropriate and allows for a screen of 1m wide by 50cm
high.
Recommendation
No change to the draft local law is proposed in response to this issue.
x. Sign face area definition
Some submissions raised concerns with the proposed sign face area definition stating wall
decorations, colours and finishes, wall colour, window decals, wayfinding, fuel safety, warnings,
decorative lines, architectural painting of building eg. Stripes on boathouse, should be excluded
from the definition.
Response
It is not intended that architectural features or paint trim of a building be included in the sign face
area where it does not form part of the advertising or branding of the business.
In application, fuel safety signs, warnings and way finding are not included in the sign face area
calculation, however this will be clarified.
Clarification is also required on how the sign face area is measured to ensure signage is
measured around the perimeter of the sign and not by drawing a square or rectangle around it
which may measure the sign too large.
Recommendation
It is recommended the definition of sign face area be amended to:
clarify that architectural features or paint trim of a building, fuel safety signs, warnings and
way finding are not included as part of the sign face area calculation; and
measure the sign face area around the perimeter of the advertising devices, rather drawing a
square or rectangle around it which if measured this way may distort the actual size.
xi. Other recommend changes
Other smaller issues were raised which require clarification amendments to the draft local law as
outlined below.
Tenancy definition
Amend the definition of ‘tenancy’ to clarify the signage allowance applies to the principal tenancy
holder and not separate sub-let businesses.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
Motor vehicle sign
Amend the definition of ‘motor vehicle sign’ to clarify that it does not include business signage on
business vehicles of car wrapping.
Garage sale sign
Amend the criteria for garage sale sign to refer to ensure not attached to any road infrastructure,
not just local government road infrastructure.
Amend reference to “nailed” to a tree or vegetation to “attached” throughout the draft local law
and make minor clarification changes as required.
5. Statutory process and Public Notification
The draft local law has been prepared and publicly notified in accordance with Council’s Local
Law Making Process Policy (the Policy). Step 6 of the Policy states that if changes are proposed
to the draft local law following public notification, that are considered substantial, Council may
consult with the public for a further period of 21 days.
The proposed changes to the draft local law outlined in this report are considered substantial and
warrant further public notification.
The consequential changes proposed to Administration (Amendment) Local Law (No.1) 2019 are
minor and do not require further consultation with the State government.
There is a minor change to the list of likely anti-competitive provisions contained in Attachment 1
and the Public Interest Test Plan will be amended to reflect this change. The Public Interest Test
Plan will be publicly notified with the revised draft local law.
Following public notification, submissions will be reviewed and reported back to Council with a
final local law for adoption.
The public interest test report will also be reported to Council following public consultation.
Previous Council Consideration
Ordinary Meeting Minutes, 11 February 2016, Item 4, Page 6
That Council note the report by the Manager, Planning & Environment to the Planning &
Organisation Committee Meeting dated 2 February 2016 regarding a proposed audit of
advertising signage with the preferred approach being option 3 and with that option being
referred for consideration in the 2016/17 budget process.
Ordinary Meeting Minutes, 16 May 2019, Item x, Page x
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 7 May 2019 and resolve:
A. In accordance with Section 29 of the Local Government Act 2009 (“the Act”), to propose to
make:
i. Administration (Amendment) Local Law (No.1) 2019 contained in Attachment 1; and
ii. Administration and Other Subordinate Local Law (Amendment) Subordinate Local
Law (No. 1) 2019 contained in Attachment 2, subject to the following changes:
a) that Schedule 10.5 (b) be amended as follows:
(b) if the premises on which the advertising device is installed is a shopping
centre, the sign face area of all advertising devices on the shopping
centre must not exceed whichever is the lesser of –
(i) a combination of –
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
(A) if the building comprising the shopping centre has 1 or more
street front boundaries – 10m2 for each shopping centre
building façade with a direct street frontage; and
(B) if the building comprising the shopping centre has 1 or more
off-street parking areas – 10m2 for each shopping centre
building façade with an off-street parking area; and
(ii) a combination of –
(A) if the building comprising the shopping centre has 1 or more
street front boundaries – 0.75m2 per linear metre for each
shopping centre building façade with a direct street frontage;
and
(B) if the building comprising the shopping centre has 1 or more
off-street parking areas – 0.75m2 per linear metre of the
boundary of each shopping centre building façade which
abuts an off-street parking area: and
b) retain the maximum sign face area of 4sqm for individual advertising devices
throughout Noosa Shire, regardless of zone or location.
B. To delegate authority to the Chief Executive Officer to make the consequential and
clarification changes to Administration and Other Subordinate Local Law (Amendment)
Subordinate Local Law (No. 1) 2019 prior to consultation with state government agencies
and public notification;
C. In accordance with Council’s Local Law Making Process Policy:
i. to consult with the public about the proposed local law amendments contained in
Attachment 1 and subordinate local law amendments contained in Attachment 2 as
required by the Policy; and
ii. to consult with relevant state government agencies on proposed Administration
(Amendment) Local Law (No.1) 2019 and delegate authority to the Chief Executive
Officer to make changes in response to state comments;
D. In accordance with Section 257 of the Act to delegate to the Chief Executive Officer its
powers under section 38 of the Act and section 15 of the Local Government Regulation
2012 to decide—
i. how the public interest test of the local law and subordinate local law outlined in the
schedule contained in Attachment 3 is to be conducted; and
ii. the matters with which the public interest test report in relation to the local law and
subordinate local law outlined in the schedule must deal; and
iii. the consultation process for the public interest test and how the process is to be used
in the public interest test.
Finance
Administration of the draft local law and ongoing compliance will cost approximately $109,000
per annum for a full time assessment / compliance officer and vehicle.
The application fees are cost recovery and will cover the cost for assessing applications for
approval. The compliance component of the position is proposed to be funded through general
revenue and referred to 2020/2021 budget for consideration.
Risks & Opportunities
Because the new planning scheme does not contain provisions for advertising devices, the draft
local law must be in place at the time of its commencement to ensure adequate regulation and
management of advertising devices. It is anticipated the new planning scheme will be in place in
early 2020 at which time the local law will need to commence.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
Consultation
External Consultation - Community & Stakeholder
Consultation was undertaken with Noosaville, Noosa Junction and Hastings Street business
associations regarding the outcomes of the consultation process and possible changes moving
forward.
The proposed local law will be placed on public notification for a period of 21 days. Business
groups and other key stakeholders will be notified of the draft local law changes and individual
meetings with these stakeholders will be offered.
All submitters who provided contact details will be notified of the draft local law’s public
notification.
Internal Consultation
Internal consultation has been undertaken within the Environment and Sustainability Department,
Corporate Services Department, and Executive Services Department. A Councillor workshop
was held to discuss the public submissions and options to respond to issues raised in submission
and amend the draft local law.
Departments/Sections Consulted:
X Chief Executive Officer Community Services X 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 X Revenue Services
X Executive Services X Environment & Sustainable Development Infrastructure Services
Director X Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
X Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
X Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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ATTACHMENT 1
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
ATTACHMENT 1
LIST OF LIKELY ANTI-COMPETITIVE PROVISIONS
Local Law: Administration (Amendment) Local Law (No. 1) 2019
Purpose: The purpose of the local law is to amend Local Law No. 1 (Administration) 2015.
Anti-competitive Relevant criteria Explanatory Comments
Provisions
Local law section 4(4) (Insertion | 5 — prescribed standard Council may, by subordinate local law, prohibit the undertaking of the prescribed
of new section 6(5) and (6)) 7 — business restriction activity of the installation of advertising devices or a particular activity that is within
the category of the prescribed activity. The prohibition may have an impact on the
conduct of a business activity.
|
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 OCTOBER 2019
LIST OF LIKELY ANTI-COMPETITIVE PROVISIONS
Subordinate local Law: Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019
Purpose: The purpose of the subordinate local law is to amend Subordinate Local Law No. 1 (Administration) 2015 and Subordinate Local
Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015.
[4]
Anti-com petitive Relevant criteria Explanatory Comments
Provisions
Subordinate local law section 6 | 5 — prescribed standard Regulates the process for the grant of an approval which may have an impact on
(Insertion of new sections 12(1), 7 — business restriction the conduct of a business activity.
| 12(3), and 12(5) to 12(113)) 40 — permit requirement
Subordinate local law section 6 | 5 — prescribed standard The local government may, by subordinate local law, declare that section 6(2) of
(Insertion of new section 12(2)) | 7_ business restriction the authorising local law does not apply to a prescribed activity or a particular
activity that is within the category of a prescribed activity. The new section 12(2)
prescribes standards for the undertaking of the prescribed activity of the
installation of an advertising device which must be complied with in order for
section 6(2) of the authorising local law to not apply to the activity. The
requirement for compliance with the prescribed standards may have an impact on
the conduct of a business activity.
Subordinate local law section 6 | 5 — prescribed standard For the prescribed activity of the installation of advertising devices, the undertaking
(Insertion of new section 12(4)) | 7 _ business restriction of the prescribed activity is prohibited in the circumstances specified in section 6 of
schedule 10. The prohibition may have an impact on the conduct of a business
activity.
Subordinate local law section 7 | 5 — prescribed standard The power to impose conditions and examples of subject matter for conditions
(Insertion of new schedule 10) 7 — business restriction which form part of the process for the grant of an approval. The imposition of
40 — permit requirement conditions may have an impact on the conduct of a business activity.
Prescribes standards for the undertaking of the prescribed activity of the
installation of an advertising device which must be complied with. The
requirement for compliance with the prescribed standards may have an impact on
the conduct of a business activity.
Regulates the process for the grant of an approval by constraining the Council's
discretion which may have an impact on the conduct of a business activity.
Prohibits the undertaking of the prescribed activity of the installation of advertising
devices in specified circumstances. The prohibition may have an impact on the
conduct of a business activity.
2
792793_2
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