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2022-08-09 Planning & Environment Meeting Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 09 August 2022
commencing at 9.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tom Wegener (Chair), Karen Finzel, Clare Stewart, Brian Stockwell
“Noosa Shire – different by nature”
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Full text of sections 2 to 99 (of 103)
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
TABLE OF CONTENTS
ITEM PAGE
1. ATTENDANCE & APOLOGIES 3
2. CONFIRMATION OF MINUTES 3
3. PRESENTATIONS 3
4 DEPUTATIONS 3
1. JOHN COCHRANE, SIMON GAMBLE, KIM PETROVIC 3
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE 4
1 NOOSA COUNCIL FLYING-FOX STATEMENT OF MANAGEMENT INTENT 4
2 MCU22/0067 – APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT
TERM ACCOMMODATION AT 401 SUNRISE ROAD, TINBEERWAH 13
3 MCU21/0027.01 & OPW21/0047.01 – OTHER CHANGE TO A DEVELOPMENT
APPROVAL FOR MULTIPLE DWELLING & OPERATIONAL WORKS TO INCLUDE
SHORT-TERM ACCOMMODATION AT 30 & 32 JAMES STREET, NOOSAVILLE 25
4 51983.3225.14 – PLANNING & ENVIRONMENT COURT APPEAL NO. 3296 OF
2021 –APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT
APPROVAL FOR MULTIPLE DWELLING UNITS & 8 SHOPS AT 30 HASTINGS ST,
NOOSA HEADS 38
5 PLANNING & ENVIRONMENT COURT APPEAL NO D97 OF 2022 – APPLICATION
FOR SHORT STAY LETTING UNDER LOCAL LAW NO. 1 & SUBORDINATE LOCAL
LAW NO. 1 (ADMINISTRATION) 2015 FOR UNIT 1, 12 STEVENS STREET,
SUNSHINE BEACH 54
6 PLANNING & ENVIRONMENT COURT APPEAL NO D100 OF 2022 –
ENFORCEMENT NOTICE FOR OPERATION OF AIRSTRIP WITHOUT A
DEVELOPMENT APPROVAL AT LAKE WEYBA DRIVE, NOOSAVILLE 56
7 UPDATE TO INFRASTRUCTURE CHARGES RESOLUTION 58
6. REPORTS FOR NOTING BY THE COMMITTEE 89
1 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JUNE 2022
89
7. CLOSED SESSION 103
Page 2 of 103
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
1. ATTENDANCE & APOLOGIES
2. CONFIRMATION OF MINUTES
The Minutes of the Planning & Environment Committee Meeting held on 12 July 2022 be
received and confirmed.
3. PRESENTATIONS
Nil.
4 DEPUTATIONS
1. JOHN COCHRANE, SIMON GAMBLE, KIM PETROVIC
Topic: Objectors to the MCU21/0110 DA proposal located in Noosa Springs
Page 3 of 103
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 NOOSA COUNCIL FLYING-FOX STATEMENT OF MANAGEMENT INTENT
Author David O’Gorman - Fauna Management Project Officer –
Environmental Services
Index ECM / Environmental Management / Fauna/Wildlife 21.08
Attachments 1. Noosa Council Flying-fox Statement of Management Intent
EXECUTIVE SUMMARY
This report seeks endorsement of the Flying-fox Statement of Management Intent (SoMI) for the
purpose of community consultation. The SoMI sets out Council’s approach to flying-fox
management within the Noosa Shire, and provides guidance to staff, contractors, and private
landholders on the management of flying-foxes.
Responsibility for managing flying-foxes under the SoMI depends on where the roost is located.
Council’s primary obligation is to undertake management actions of flying-fox roosts on Council
owned or managed land. However, Council is committed to providing advice and assistance to
residents affected by a flying-fox roost, including landowners, businesses, schools and health care
facilities. Where a roost crosses Council and non-Council land, Council will work cooperatively with
the affected residents to develop appropriate mitigation actions.
RECOMMENDATION
That Council note the report by Fauna Management Project Officer to the Planning and
Environment Committee Meeting 9 August 2022 on the Flying Fox Statement of Management
Intent, and
A. Endorse the draft Statement of Management Intent for the purpose of community
consultation; and
B. Report back to Council on the findings of the community consultation.
REPORT
Council recognises the need to support impacted communities while also conserving flying-foxes
and the critical ecological services they provide. The SoMI outlines how Council plans to manage
community impacts from flying foxes within the Noosa Shire (refer to attached plan). The SoMI is
a shire-wide policy and applies to public and private land in Noosa Shire, with different
management actions outlined depend on where the roost is located.
Flying foxes are native species protected under the Nature Conservation Act 1992, and grey-
headed flying-foxes are also protected under the Commonwealth Environment Protection and
Biodiversity Conservation Act 1999. The Queensland Government has codes of practice for the
ecological management of flying fox roosts to guide local governments in their management.
Council’s primary focus is on managing the impacts of flying-fox roosts on Council-owned or
managed land, and does not undertake management actions on State or Commonwealth
controlled land or private land. However, a range of assistance is provided to residents and
occupants to help mitigate impacts of flying-fox roost on private land based on the level of conflict
and includes:
Page 4 of 103
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
• education and advice,
• ongoing monitoring activities,
• subsidy programs (for car covers, indoor air freshers and pressure cleaning services),
• property level modifications (e.g. double glazed windows), and
• buffering techniques (e.g. vegetation trimming).
Council staff work actively with residents to find appropriate solutions for their property and apply
the subsidy program where specific criteria is met. Recently, Council staff have been directly
consulting with residents associated with a site-specific Flying-Fox Management Plan (Keys Creek,
Kin Kin) and this has helped develop practical approaches and informed the development of the
overarching SoMI.
Previous Council Consideration
Item 6, Page 20, Ordinary Meeting Minutes dated 20 February 2020
That Council note the report by the Environmental Services Manager to the Planning &
Environment Committee Meeting dated 11 February 2020 and:
A. Approve the implementation of an ongoing subsidy program for localities affected by
flying-fox colonies, and
B. Delegate to the CEO the authority to apply the subsidy program where the program
meets all of the following criteria;
o Support may be offered for those living within 100m of a roost site.
o The roost should be at least partly on Council-managed land.
o Flying-foxes will have been at a location in significant numbers for at least 6 weeks.
o A significant number of the flying-foxes must be Black or Grey-headed Flying-foxes,
rather than Little Red Flying-foxes.
Finance
The SoMI commits Council to the continuation of Environmental Services existing Flying-Fox
Subsidy Program.
The Subsidy Program supports impacted residents living near flying-fox roosts through subsidising
a proportion of the costs associated with items such as car covers, indoor air freshers and pressure
cleaning services (based on eligibility requirements and available funding).
Council will continue to seek external funding under the DES Flying-fox Management Grants
Program to support both the Subsidy Program, and other flying-fox management actions (including
site-specific Flying-fox Management Plans).
Risks & Opportunities
The SoMI formally articulates Noosa Shire Council’s approach to flying-fox management, through
providing guidance to staff, contractors, and private landholders on the management of flying-
foxes.
Any potential flying-fox management approaches implemented by Council are undertaken through
a staged approach. This ensures that associated financial costs, along with any unexpected
potential negative impacts to both the community and flying-foxes are minimised.
Consultation
External
Completed
• Direct consultation with residents and application of the SoMI at Kin Kin associated with a
site-specific Flying-Fox Management Plan (Keys Creek, Kin Kin)
Proposed – (September 2022)
Page 5 of 103
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
• Community consultation through ‘Your Say Noosa’ (Noosa Shire Council Webpage) and
publicity through media releases, social media and local publications (newspapers /
newsletters).
Internal
Completed
• Executive Briefing – Flying Fox Management Funding (16 April 2021)
• Executive Team Flying-fox Situation and Management Update (20th April 2022)
• Councillor Flying-fox Management Workshop (26th May 2022)
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning, Design
and Delivery
Page 6 of 103
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
ATTACHMENT 1
Page 7 of 103
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
ATTACHMENT 1
| @ NOOSA Council Policy
me i Reeleere Flying-fox Statement of
Management Intent (SoMl)
Corporate Plan Reference: Theme 1: The Noosa Environment
20 Year goal: Our environment is protected and
enhanced and is valued by the community
Endorsed by Council: DRAFT
Policy Author: Environment Services
POLICY PURPOSE
The purpose of this Statement of Management Intent (SoMI) is to articulate Noosa Shire Council's
approach to flying-fox management within the Noosa Shire Local Government Area, and provide
guidance to staff, contractors, and private landholders on the management of flying-foxes.
POLICY SCOPE
This is a Shire-wide policy and applies to public and private land.
POLICY BACKGROUND
FLYING-FOXES IN NOOSA SHIRE COUNCIL
Flying-foxes play a key ecological role in long-distance pollination and seed dispersal, and are critical
for the long-term persistence of plant communities (including eucalypt and sclerophyll forests). Their
ability to distribute seed and cross-pollinate over significant distances during single foraging trips is
particularly important in the context of contemporary fragmented landscapes.
Three species of flying-foxes occur within the Noosa Shire: the grey-headed, black, and little red
flying-fox.
. Little red flying-fox Grey-headed flyina-f
Black flying-fox rey-neaded ilying-tox
(Pteropus alecto) (Pleropus scapulatus) (Pteropus poliocephalus)
Highly nomadic seasonal
Protected under State v Protected under State and
+ Ge visitor. Protected under icloti
legislation Sate leniletion Commonwealth legislation
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Page 1
Page 7 of 103Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
Page 8 of 103
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
COUNCIL POLICY -— Flying-fox Statement of Management Intent
Flying-foxes rest and socialise during the day in roosts or camps, leaving each night to forage. They
appear to be more frequently roosting and foraging in urban areas, likely due to a combination of
habitat clearing, human encroachment and drought, combined with the opportunities presented by
year-round food availability from native and exotic species in urban areas. Conflict between flying-
foxes and humans can arise from issues such as noise, odour, and mess.
POLICY CONTEXT
All flying-foxes are native species protected under the Queensland Nature Conservation Act 1992
(NC Act). The grey-headed flying-fox is nationally threatened due to population decline, affording it
additional protection under the Commonwealth Environment Protection and Biodiversity
Conservation Act 1999 (EPBC Act).
Under the NC Act, the Queensland Government provided local government with an ‘as-of-right’
authority to manage flying-fox roosts within designated Urban Flying-Fox Management Areas
(UFFMAs; see map below). This authority allows local governments to undertake non-lethal actions
to manage flying-fox roosts within UFFMAs in accordance with the Queensland Government Code
of Practice — Ecological sustainable management of flying-fox roosts (Management COP). It is
important to note that this authority does not obligate Council to manage flying-fox roosts, or provide
exemptions to other legislation and policies.
To undertake roost management activities outside designated UFFMAs, or for any action not
authorised under the Management COP, Council is required to obtain a flying-fox roost management
permit (FFRMP) from the Department of Environment and Science (DES). A non-council applicant
is required to obtain a FFRMP to undertake any activity under the Management COP, irrespective
of the location of the roost. A separate Code of Practice — Low impact activities affecting flying-fox
roosts (Low Impact COP) details activities that anyone can undertake at or near a flying-fox roost
without a FFRMP. Any activities that have the potential to destroy a flying-fox roost, drive away flying-
foxes, or disturb flying-foxes in any way (e.g. impacting roost vegetation or intentionally disturbing
flying-foxes) are not permitted under the Low Impact COP and cannot be undertaken without
authority to do so. Any action with the potential to impact on the nationally significant grey-headed
flying-fox (or a nationally important roost) must also follow the Commonwealth framework pursuant
to the EPBC Act.
Anyone authorised by Queensland Government to undertake roost management actions must do so
in compliance with the Management COP.
Responsibility for managing flying-foxes under this policy framework will depend on where the roost
is located. Council's primary obligation is to undertake management actions of flying-fox roosts on
Council-owned or managed land, and Council will not undertake management actions on State or
Commonwealth controlled land. Council does not undertake management actions on private land,
however, Council is committed to providing advice and assistance to occupants affected by a flying-
fox roost, including landowners, residents, businesses, schools, health care facilities, and other
commercial operations. Where a roost crosses Council and non-Council land, Council will work
cooperatively with the affected occupants to develop mitigation actions. The dispersal of flying-foxes
or destruction of roosts is not supported by Council. Attempts to disperse flying-fox roosts are usually
unsuccessful and can cause further issues by shifting flying-foxes into other residential areas.
Page 2
Page 8 of 103Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
Page 9 of 103
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
COUNCIL POLICY —Flying-fox Statement of Management Intent
Noosa Council and Urban Flying-fox Management Areas (UFFMAs)
Designated UFFMAs within the Noosa Shire (combined with Sunshine Coast Regional Council} are
shown in orange on the map below, as defined by DES (generated 29 July 2013).
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Page 3
Page 9 of 103Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
Page 10 of 103
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
COUNCIL POLICY
Council recognises the need to support impacted communities while also conserving flying-foxes
and the critical ecological services they provide. This SoMI outlines how Council plans to manage
flying-fox populations and associated community impacts within the Noosa LGA.
Council is committed to conserving flying-foxes and natural areas, and therefore does not support
flying-fox dispersal or destruction of roosts. Dispersal is also extremely costly with unpredictable
outcomes, usually with only short-term results where flying-foxes re-establish the original roost and
often create additional new roosts in the process. Dispersal may be considered in extreme cases,
where there is a risk or significant impact that cannot be managed in other ways. Any management
will be implemented using a staged approach to ensure that costs and impacts to flying-foxes (and
other ecological values) are minimised.
Council will consider the following to decide what action is appropriate at a particular site:
- location of the roost and land tenure
- size, occupancy and history of the roost
+ community concerns
+ species present and timing of breeding
- ecological values including threatened fauna and/or flora species and communities
- cost of management actions
- risks associated with management
- the likelihood of management actions addressing community concerns
- latest information from researchers.
There are several actions that may be undertaken to manage conflict between flying-foxes and the
surrounding community, including education, regular monitoring, vegetation works, buffering
techniques (e.g. canopy-sprinkler systems) and subsidy programs. The level of conflict at each roost,
in combination with other site-specific factors, will guide the type of action undertaken. The figures
below provide an overview of this framework to guide flying-fox management decision-making.
Indicators of roost conflict level
Medium conflict High conflict
* No sensitive receptors within * Moderately sensitive * Highly sensitive receptor(s)
proximity of the roost receptor(s) within proximity of within proximity of the roost
+ Low number of flying-foxes the roost + Large number of flying-foxes
present * Medium number of flying- present, or consistent large
+ Low potential for roost to foxes present, with the seasonal influxes
expand potential for large influxes + High potential for roost to
« Low impact on surrounding + Moderate potential for roost expand
residential properties to expand — + High impact on residential
¢ Relatively large distance * Moderate impact on properties
between roost and residential residential properties * No or little distance between
properties * Moderate distance between roost and residential
roost and residential properties
properties
Page 4
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
Page 11 of 103
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
COUNCIL POLICY - Flying-fox Statement of Management Intent
Guide to flying-fox management based on level of conflict
Community | Monitoring and ;
Typesct consultation operational Subsidy program PIE el BUEing Dispersal
roost 8 : modification techniques
education protocols
High *
conflict alias
Medium
conflict hrs
Low
conflict ie
*dispersal is generally not supported but may be considered in extreme cases e.g. a high conflict roost where risk/significant
impacts remain after all other management options are exhausted.
In addition to the above management actions, Council will continue to investigate the use and
efficacy of other novel methods to manage human-flying-fox conflict.
Responsibility under this framework will depend on where the roost is located. The following table
outlines flying-fox management responsibilities based on land tenureship.
Tenure/Responsibility Council State Government Private landholder
Council controlled land | —izCS
State land (not Council
controlled)
Private land and other non- Rate: LA may
; provide advice and/or
Council land (e.g. schools, bsidies t
health care facilities) subsidies to manage
impacts
FF roost crosses both Council
and non-Council land
Management of roosts on privately-owned or non-Council-owned land remains the responsibility of
the land occupant (e.g. residents, business owners, schools, health care facilities, and other
commercial operators). If an occupant is concerned about a roost on private/non-Council-owned
land, DES or Council can provide further information about management options and the FFRMP
process. In some circumstances Council may exercise their ‘as-of-right’ authority to manage flying-
fox roosts on private land on request of the landholder.
For further information on flying-fox management see hittps://www.qld.gov.au/environment/plants-
animals/animals/living-with/bats/flying-foxes/managing-impacts-of-flying-foxes/authorised-flying-
fox-roost-management
You can learn more about flying-foxes and human health by visiting Queensland Health or
Biosecurity Queensland, and additional information about flying-foxes is available on Council's web
page.
Page 5
Page 11 of 103Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
Page 6
Page 12 of 103Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
2 MCU22/0067 – APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT TERM
ACCOMMODATION AT 401 SUNRISE ROAD, TINBEERWAH
Author Graduate Development Planner, Jada Lyons
Environment and Sustainable Development
Index ECM/ Applications/ MCU22/0067
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant T & J Hodgkinson P/L
Proposal Material Change of Use - Short-Term Accommodation
Properly Made Date 19 April 2022
Information Request Date Not applicable
Information Response Date Not applicable
Decision Due Date 19 August 2022
Number of Submissions 2 Properly Made
PROPERTY DETAILS
Property Address 401 Sunrise Road Tinbeerwah
RP Description Lot 7 RP 207543
Land Area 1.97 hectares
Existing Use of Land Dwelling house and associated structures
STATUTORY DETAILS
SEQRP Designation Rural Living Area
Zone Rural Residential
Precinct Not applicable
Local Plan Area Not applicable
Overlays Biodiversity, Waterways and Wetlands Overlay
• Area Subject to Biodiversity Overlay
Bushfire Hazard Overlay
• High Potential Bushfire Intensity
Landslide Hazard Overlay
Page 13 of 103
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
• High Hazard Area
• Moderate Hazard Area
Koala Habitat Area
• Koala Priority Area
• Core Koala Habitat Area
Assessment Type Impact
EXECUTIVE SUMMARY
The proposal is for a Material Change of Use for Short Term Accommodation at 401 Sunrise Road,
Tinbeerwah. The proposed use is wholly within the existing dwelling and no additions or alterations
to the dwelling house are proposed. The use will have sufficient parking for visitors and gains
access via a shared driveway from Sunrise Road.
The proposed use is generally consistent with the Noosa Plan 2020 requirements for short term
accommodation on Rural Residential zoned land and will support Noosa’s tourism industry in the
rural areas of the Shire. The existing dwelling house is expected to maintain the amenity of the
area, being well set back and screened from neighbouring properties. Conditions have been
included to manage noise nuisances, waste storage and carparking. As such, the proposal is
recommended for approval.
RECOMMENDATION
That Council note the report by the Graduate Development Planner to the Planning & Environment
Committee Meeting dated 9 August 2022 regarding Application No. MCU22/0067 for a
Development Permit for a Material Change of Use for Short-term accommodation situated at 401
Sunrise Rd Tinbeerwah and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally complywith
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
01 01 14/04/2022
Site Plan, prepared by RG Strategic
01 14/04/2022
Floor Plan, prepared by RG Strategic
Currency Period
3. This development approval lapses if the use has not happened by 19 August 2028,
unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4. The total number of bedrooms within the existing dwelling that are available for guest
accommodation must not exceed four (4).
Page 14 of 103
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
5. The total number of guests accommodated at any one time must not exceed eight (8).
6. All outdoor areas, including balconies, decks, pool and the like, must not be used after
9pm each night.
7. The premises must not be used as a party house, with no events, functions or parties
(e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted
on site.
8. The use must be operated in accordance with the Local Law requirements for Short
term letting at all times.
Amenity
9. The operation of the approved use must not detrimentally affect the residential amenity
(including but not limited to noise, overlooking, light spill or odour) enjoyed by
surrounding residents or cause a nuisance, including a noise nuisance.
Car Parking
10. Existing car parking on site, as detailed on the approved plans, must be maintained
and kept available for users of the short term accommodation.
11. 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.
12. The driveway, including the crossover from Sunrise Road, must be sealed to the
reasonable satisfaction of the Manager Development Assessment.
Waste Management
13. Waste storage and disposal facilities must be provided in accordance with Planning
Scheme Policy 9, Waste Management, including an external imperviouslypaved area
correctly sized for all refuse and recycling containers and suitably screened from public
places and neighbouring properties.
14. Waste containers must:
• At all times be regularly cleaned and maintained in a clean, tidy, sanitary and
hygienic condition.
• Be placed on the kerb side frontage of the premises, for the collection of
general waste from the container; and
• Not be placed on the kerb side frontage for longer than 24 hours before orafter
the scheduled collection day for the collection of waste in the container.
Water Supply
15. The development must be provided with a potable water supply connected to each
cabin. The storage capacity of the potable water supply must be a minimum of
5000 litres per guest. The storage capacity of the potable water supply must be a
minimum of 4000 litres per guest bedroom/unit/cabin.
Waste Water Treatment and Disposal
16. The development must be provided with an on-site waste water treatment and
effluent disposal system having a capacity sufficient for the use.
Bushfire Management
Page 15 of 103
Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
17. The site must be provided with a water storage reservoir having a minimum 5000
litres of water for emergency firefighting purposes. Such storage must be provided
in addition to the water supply capacity required for the use and must be provided
in the form of either an accessible dam, swimming pool, or rainwater tank. If by
rainwater tank, water storage for firefighting purposes must be provided either in a
separate rainwater tank or a reserve section in the main water supply tank on
which:
a. the domestic take off from the tank is at or above the 5,000 litre point; and
b. standard rural fire brigade fittings are fitted to the tank outlet for access by
four wheel drive rural services vehicles.
c. The site must be provided with an auxiliary power supply such as a petrol
driven fire fighter pump (or generator), together with a hose/s of sufficient
length to easily reach around to all sides of the/all building/s.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks a development approval to use the existing 4-bedroom, two storey dwelling
house on the subject site for the purpose of Short Term Accommodation. No changes are proposed
to the existing dwelling to accommodate this proposed use. The applicant intends to use the
property as a holiday home and short term let the dwelling when they are not utilising the property.
The applicant advises the following:
• They will utilise a local property manager to oversee letting, management and maintenance
of the premises.
• Management of the property will be in line with the Noosa Council Local Law regulations for
short stay rental properties.
• They will prepare a code of conduct and management agreement for all guests utilising the
premises for short term accommodation.
• A maximum of 4 bedrooms and 8 guests.
• All guests agree to the rules of the property at time of booking in the use of the swimming
pool.
• No events, weddings, parties, or the like are to occur on the premises.
• The two-car garage and associated driveway will be available for carparking which has the
potential to park more than 6 vehicles.
In support of the proposal the following is noted:
• The outdoor area (alfresco) and pool area are located at the rear of the property facing
away from neighbours.
• The outdoor areas and pool are densely screened by vegetation and provide a significant
buffer towards neighbouring properties.
• The property is fully landscaped and contains significant native vegetation.
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Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
Figure 1 – Locality
Page 17 of 103
Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
Figure 2 – Ground Floor Plan
Figure 3 – Upper Floor Plan
2. SITE DETAILS
2.1 Background
There are no other recent development applications related to the subject site.
2.2 Site Description
The subject site is a rectangular shaped, 1.9 hectare lot located in Tinbeerwah. The subject site is
significantly vegetated and contains an existing two storey dwelling house in the south-western
corner of the lot. The site gains access from a shared access easement off Sunrise Road. The
existing two storey dwelling house on the site consists of four bedrooms, three bathrooms, kitchen,
living and dining areas, pool and deck areas.
2.3 Surrounding Land Uses
The subject site is surrounded by rural and rural residential lots containing dwelling houses and
associated structures. Lots on the eastern side of Sunrise Road are smaller rural residential lots,
while lots to the west of Sunrise Road are large rural lots.
Page 18 of 103
Section 19
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
3. ASSESSMENT
3.1 Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017;
• Noosa Plan 2020.
3.2 State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Rural Living 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 benchmarks from the Planning Regulation 2017 apply to the application:
• SEQ Rural Living Area
• Koala Habitat Area
The proposal is for urban activity within the Rural Living Area and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region. The entire site is
located within the mapped Koala Priority Area with the footprint of the dwelling and the immediate
surrounding area located outside the mapped core koala habitat area. No vegetation is proposed
to be removed and no new structures are proposed to be built and therefore the proposal is
consistent with the applicable assessment benchmarks.
3.3 Statutory Instruments – Planning Scheme
The application must be assessed against the whole of Noosa Plan 2020 to the extent the
provisions are relevant to the development.
Strategic Framework
The Noosa Plan 2020 recognises that tourism is a major component of the Shire’s economy that
provides jobs and income for many residents. In the Shire’s rural and hinterland areas, the tourism
focus is directed towards high quality nature-based and rural tourism experiences to diversify and
balance the visitor experience across Noosa Shire. The proposed use is consistent with this
strategic intent as the proposed short term accommodation supports Noosa’s tourism industry in a
rural area and provides visitor accommodation in a scenic location within close proximity to both
the coastal area and the hinterland.
Locality Provisions
The subject site is located in Tinbeerwah and is zoned Rural Residential. The proposed use is
identified as a consistent use with the zone and is required to follow an impact assessable
application process.
The Rural Residential Zone Code, Low Density Housing Code and Visitor Accommodation Code
all include requirements regarding Short Term Accommodation. The relevant requirements are set
out below.
Rural Residential Zone Code
6.8.4.2 Purpose and Overall Outcomes
Page 19 of 103
Section 20
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
1) the purpose of the Rural residential zone is to provide for residential uses and activities on
large lots, including lots for which Council has not provided infrastructure and services.
(a) The Rural residential zone provides a high level of amenity for permanent residents.
(c) Non-residential activities are limited to small-scale activities that are compatible with
and do not impact on the rural residential character and amenity of the zone.
6.8.4.3 Assessment Criteria
PO4 Visitor accommodation:
(a) Is at a scale and density that protects the environmental and lifestyle values of the land;
and
(b) Does not detract from the rural residential character and amenity of adjoining properties.
Low Density Housing Code
9.3.1.1 Purpose and Overall Outcomes
1) the purpose of the Low Density Housing Code is to ensure dwelling houses, community
residences, rooming accommodation and short term accommodation (where no more than
one detached dwelling on the site):
a) are appropriately located;
b) achieve a high level of comfort and amenity for occupants;
c) maintain amenity and privacy of neigbouring residential premises; and
d) are compatible with the character and streetscape of the local area.
Visitor Accommodation Code
9.3.5.2 Purpose and Overall Outcomes
1) The purpose of the Visitor Accommodation code is to ensure visitor accommodation is
appropriately located, designed and operated in a manner which meets visitor needs,
protects and enhances landscape values, protects the amenity of surrounding premises
and avoids conflicts with surrounding uses.
2) The overall outcomes sought for the Visitor Accommodation Code are:
a) Visitor accommodation is compatible with and benefits from Noosa Shire’s
natural environmental values.
b) Visitor accommodation offers a wide range of experiences for guests both in
coastal areas and in the hinterland.
c) Visitor accommodation is located and designed in a manner which sensitively
responds to site characteristics.
d) Visitor accommodation does not detrimentally impact upon the biodiversity and
natural landscape values of its setting.
e) The density and design of visitor accommodation integrates with the urban or
landscape fabric of its particular locality.
f) Visitor accommodation located near permanent residents does not detract from
the amenity enjoyed by residents.
g) Visitor accommodation does not impact on the ability of rural land owners to carry
out agricultural pursuits.
h) Visitor accommodation provides high quality amenities and facilities
commensurate with its setting, the types of accommodation supplied and the
length of stay accommodated.
i) Visitor accommodation forms a key element of the local tourism industry.
Page 20 of 103
Section 21
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
j) Visitor accommodation provides for a wide range of visitors.
PO2
Development is located on a site with an area sufficient to accommodate the use without detracting
from the character and amenity of the local area.
AO2.3
In the Rural zone or Rural Residential zone the site used for Nature-based tourism or short-term
accommodation has a minimum area of 4 hectares.
The proposal does not comply with AO2.3 as the subject site is 1.9 hectares in size, however, the
proposal complies with Performance Outcome PO2 as the use is located on a site that is of a
sufficient size to accommodate the use and will not detract from the rural residential character of
the area. The existing dwelling house is located approximately 50 metres from the neighbouring
property and is well screened by existing vegetation which will assist to retain the visual amenity
of neighbouring properties. The dwelling’s entertaining areas are also generally orientated away
from neighbouring properties.
There is limited short term accommodation within Tinbeerwah, and all short term accommodation
properties are well separated. Due to the separation between the uses, it is considered that the
proposed use will not detract from the amenity and rural residential character of the area. To further
protect the amenity of the area and surrounding neighbours, it is considered appropriate to include
conditions to limit and manage noise, waste and vehicle movement and parking on the subject site.
Specifically, conditions will be included to limit noise to 9pm and ensure that waste storage areas
are screened from public areas and carparking is provided and maintained on the property. The
application has provided sufficient carparking and waste storage areas for visitors to utilise.
The proposed use aligns with the strategic intent of the Noosa Plan to facilitate short term
accommodation within the rural residential area whilst maintaining the viability of rural and
residential activities on the site and the surrounding area.
The subject site is located in the Biodiversity, Waterways and Wetlands Overlay within an Area of
Biodiversity Significance. The proposed use will not cause any impacts or additional pressures to
the biodiversity area. The subject site is also mapped in Koala Priority Area and Core Koala Habitat
however no clearing is proposed and as such will not impact on these areas.
Draft Housing Strategy
A draft Housing Strategy has been prepared which includes an action plan to alleviate the impacts
of the current housing crisis in Noosa. It is noted that changes to limit the amount of Short-Term
Accommodation in residential areas is being targeted in Medium and High Density Residential
Zones and not necessarily in Rural Residential Zones. As such the proposal remains consistent
with the draft Housing Strategy.
4. CONSULTATION
4.1 Referral Agencies
Not applicable
4.2 Internal Council Referrals
Not applicable
4.3 Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning
Act 2016. Two (2) properly made submissions were received. Both submissions received object to
the proposal. The following table provides a summary and assessment of the issues raised by
submitters.
Page 21 of 103
Section 22
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
Matters Raised Comments
Unsafe Vehicle Movement – Line of Sight The proposed use will utilise the existing shared
driveway which is sufficient for access to the subject
site. This matter raised does not warrant the refusal of
the application.
Stormwater Discharge No changes have been proposed to the existing
dwelling and therefore the proposal will not further
exacerbate stormwater discharge to surrounding
properties. This matter raised does not warrant the
refusal of the application.
Use and Deterioration of Shared Driveway It is noted in the application that the portion of the
driveway near the neighbouring property is to be sealed
prior to the commencement of the use on the subject
site.
Carparking has been provided on the subject site for
visitors to use. The shared driveway will not be used for
carparking.
This matter raised does not warrant the refusal fo the
application.
5. CONCLUSION & REASONS FOR DECISION
The application seeks to use an existing dwelling house for short-term accommodation within the
Rural Residential Zone. The proposal is compliant with the Planning Scheme and does not present
any significant impacts to adjoining land uses and surrounding areas. The proposed short term
accommodation use is identified as a consistent use within the applicable zone and while the use
has the potential to detrimentally impact the amenity of surrounding properties, conditions have
been included to minimise these impacts and ensure noise, waste and carparking are sufficiently
managed to limit nuisance to neighbouring properties. The site is located in a Biodiversity and
Koala Habitat Area; however, the proposed use will not affect any existing vegetation and will
preserve these areas. As such, the proposal is 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 103
Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
ATTACHMENT 1
Page 23 of 103
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
Page 24 of 103
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
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Plan Title: Floor Plan Date: 14/04/2022 Revision: 01
401 Sunrise Road, Tinbeerwah
Page 24 of 103Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
3 MCU21/0027.01 & OPW21/0047.01 – OTHER CHANGE TO A DEVELOPMENT
APPROVAL FOR MULTIPLE DWELLING & OPERATIONAL WORKS TO INCLUDE
SHORT-TERM ACCOMMODATION AT 30 & 32 JAMES STREET, NOOSAVILLE
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development
Index ECM/ Application/ MCU21/0027.01/ OPW21/0047.01
Attachments Nil
APPLICATION DETAILS
Applicant HRS Developments Pty Ltd Tte
Proposal Other Change to a Development Approval for a Material Change of Use
for Multiple Dwellings (4 Units) and Operational Works (Stormwater,
drainage works, earthworks and landscaping) to include short-term
accommodation
Properly Made Date 1 October 2021
Information Request Date 21 December 2022
Information Response Date 3 June 2022
Decision Due Date 23 August 2022
Number of Submissions 2
PROPERTY DETAILS
Property Address 32 & 32 James Street, Noosaville Qld 4566
RP Description Lots 3 & 4 RP 72986
Land Area 1,966m2
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential
Precinct Not applicable
Local Plan Area Noosaville
Overlays Acid Sulfate Soils
Flood Hazard Overlay
Assessment Type Other Change
Page 25 of 103
Section 26
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
EXECUTIVE SUMMARY
The proposal seeks approval to utilise unit one of four approved Multiple Dwelling units for short-
term accommodation for up to six persons within 3 bedrooms.
The application is recommended for refusal as the proposal will further erode the permanent
housing in the area and there is no need for additional accommodation for visitors to the area. The
proposal is contrary to the scheme’s requirements to maintain the area as predominantly home to
permanent residents and the use is not proposed within a well-established resort or holiday units,
does not satisfy carparking requirements and has the potential to impact on the amenity of
permanent residents.
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 9 August 2022 regarding Application No. MCU21/0027.01 & OPW21/0047.01 for
an Other Change to a Development Approval for Material Change of Use for Multiple Dwellings
and Operational Work (Stormwater, drainage works, earthworks and landscaping) to include short-
term accommodation, situated at 30 & 32 James Street, Noosaville and:
A. Refuse the application for the following reasons:
1. The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the
community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will further
erode the permanent housing in the area, impacting permanent resident amenity.
2. The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a) and
(h) of the Medium Density Residential Zone Code as:
a. The proposal is located in an area that has a substantial number of properties
being used for visitor accommodation and/or properties permitted for visitor
accommodation. The introduction of additional short-term accommodation within
a unit complex is not consistent with the purpose of the zone.
b. The proposal seeks to establish a new short-term visitor accommodation facility
within a recently approved multiple units development and is not located within a
well-established resort or holiday units.
3. The proposal is not consistent with 7.2.4.2 Purpose and Overall Outcomes (2)(t) and
Performance Outcome PO21 of the Noosaville Local Plan Code as:
a. Additional visitor accommodation in the area is likely to result in detrimental
impacts on the residential amenity of permanent residents.
b. While the code seeks to maintain visitor accommodation in the area, it does not
seek to increase the extent of visitor accommodation within the area to the
detriment of permanent residents.
4. The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and
(2)(f) of the Visitor Accommodation Code as:
a. The proposed visitor accommodation is not appropriately located and integrated
with permanent residents in the area given the number and density of properties
currently being used for visitor accommodation and/or permitted for visitor
accommodation.
b. The proposed visitor accommodation is likely to detract from the amenity enjoyed
by residents.
5. There is no need for additional short-term accommodation in the area.
6. The proposal does not comply with Performance Outcome PO12 of the Visitor
Accommodation Code and Performance Outcome PO6 of the Driveway and Parking
Code as insufficient car parking is proposed on site to address the likely parking
demands.
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Section 27
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B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant proposes an Other Change to the current approval to enable Unit 1 of a Multiple
Dwelling (4 Units) to be used for short-term accommodation. No changes are proposed to the built
form of the building, with all parts of Unit 1 to be available for the proposed use. The unit comprises
3 bedrooms and a maximum of 6 persons are proposed to be accommodated. The applicant
advises that the short-term accommodation will:
• Utilise a local property manager to oversee letting, management and maintenance of the
premises.
• Prepare a code of conduct and management agreement for all guests utilising the premises
for short-term accommodation.
• Require all guests to sign the agreement and terms of rental.
• Ensure the double garage will be available for car parking for guests.
• Provide designated bin areas on site for the use.
• Ensure that no events, weddings, parties or the like will occur on the premises.
The applicant also submits:
• No changes are proposed to the approved building.
• The pool area and associated terrace area are located at the front of the site and are
appropriately screened to surrounding properties.
• The property is proposed to be fully fenced and landscaped.
• The adjoining premises to the east and south comprise unit developments.
• The site has been used for holiday/short-term accommodation.
• The site is close proximity to the recreation areas of the Noosa River foreshore.
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Figure 1 – Locality
Figure 2 – Site Plan
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Figure 3 – Floor Plan
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Figure 4 – Elevations
2. SITE DETAILS
2.1 Background
The following development approvals were issued for the site on 4 September 2017:
• MCU21/0027– Multiple Dwellings x 4
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• OPW21/0047– Operational Work (Stormwater, drainage works, earthworks and
landscaping)
The development has proceeded to the next phase of design and development with the applicant
now seeking approval to change the approval
2.2 Site Description
The subject site is described as 32 & 30 James Street and has a combine area of 1966m2. The
site is recently cleared of the previous buildings as earthworks has commenced.
2.3 Surrounding Land Uses
The site is located in a residential area, which is characterised by one and two storey multi – unit
residential development. The following development adjoins the site:
• Northern boundary – single storey dwelling and two storey unit complex
• Southern boundary – two storey unit complex
• East boundary – two storey unit complex – Mango Terrace and Bora Blue
• West (opposite the site) – residential dwelling units
3. ASSESSMENT
3.1 Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017;
• Noosa Plan 2020.
3.2 State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The proposal is for an urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3 Statutory Instruments – Planning Scheme
Strategic Framework
The Noosa Plan 2020 includes Strategic Outcomes which seek to protect neighbourhoods of
permanent housing from short-term visitor accommodation that would impact on the amenity
enjoyed by residents. The planning scheme also seeks to protect areas for visitor accommodation
with a range of accommodation styles envisaged to support the local tourism industry.
The subject site is not located in a designated visitor accommodation area being zoned Medium
Density Residential. The area is also dominated by sites developed for multiple dwelling units and
duplex dwellings that have been typically predominantly used for visitor accommodation,
particularly those properties in proximity to the Noosa River and Gympie Terrace. Properties
setback further from Noosa River and Gympie Terrace have been mostly used by permanent
residents.
Code Provisions
The subject site is located in the Noosaville Local Plan Area and is zoned Medium Density
Residential. The proposed use is identified as a consistent use within the zone and is required to
follow an impact assessable application process.
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The Medium Density Residential Zone Code, the Noosaville Local Plan Code and the Visitor
Accommodation Code all include provisions, which address the potential impacts of short-term
accommodation. The relevant provisions are:
Medium Density Residential Zone Code
6.3.2.2 Purpose and Overall Outcomes
(a) Medium density residential neighbourhoods are predominantly home to permanent
residents.
(b) The character of medium density residential neighbourhoods varies due to factors
such as proximity to beaches, the Noosa River, recreation spaces, centres,
topography, availability of views, the established vegetated character, the presence
of visitor accommodation and the age of development
(h) Short-term visitor accommodation is predominately provided through well-
established resorts and holiday units.
6.3.2.3 Assessment Criteria
Role and function
PO6 AO6.2
Visitor accommodation is limited to formats Short-term accommodation does not:
compatible with the character and use of the
a. constitute a party house;
area so as not to cause unreasonable loss of
residential amenity, having regard to: b. create noise that would unreasonably
a. the privacy of residents on the subject impact on the residential amenity enjoyed
property or adjoining properties; by the adjoining or surrounding properties.
b. any likely increase in noise to adjoining
properties;
c. the scale of the use and its compatibility
with the character and uses within the
property or surrounding area;
d. retention of the primary residential function
of an area;
e. the residential function and arrangement of
common property;
f. the impact on the safety and efficiency of
the local road network;
g. the impact of waste storage areas on the
visual amenity of the area;
h. the location of waste storage areas in
relation to sensitive land uses; and
i. any impact on shared vehicular access or
parking.
Noosaville Local Plan Code
7.2.4.2 Purpose and Overall Outcomes
(f) The Noosaville local plan area maintains its roles for both the provision of much of
the commercial, retail, administrative, industrial and social needs of the coastal
urban portion of Noosa Shire and as a major focus area for visitor accommodation
and services (s) Development in the Medium Density and High Density
Housing zones accommodates a greater diversity in housing types including dual
occupancies, multiple dwellings, retirement facilities and residential care facilities.
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(t) Development ensures permanent residents of Noosaville enjoy high levels of
residential amenity and accessibility to urban services and recreational
opportunities
(y) Development in the Tourist accommodation zone is for visitor accommodation and
associated uses that serve visitors to preserve and support the role of Noosaville as
a tourism focus area.
7.2.4.3 Assessment Criteria
Development in the Noosaville Local Plan Area generally (All Zones)
PO1
Development enhances the role of Noosaville as a major focus for visitor accommodation
and services in Noosa Shire with high levels of accessibility to outdoor recreational
pursuits and urban services.
Visitor Facilities
PO20
Development in the Tourist Accommodation zone and other resort complexes provide
visitor accommodation into the future to preserve and support the role of Noosaville as a
tourism focus area.
PO21
A range of visitor accommodation including low cost and family friendly short-term
accommodation and tourist park accommodation, including the Noosa River Caravan
Park at Russell Street is maintained.
Visitor Accommodation Code
9.3.5.2 Purpose and Overall Outcomes
(1) The purpose of the Visitor Accommodation code is to ensure visitor accommodation
is appropriately located, designed and operated in a manner which meets visitor
needs, protects and enhances landscape values, protects the amenity of
surrounding premises and avoids conflicts with surrounding uses.
(2) The overall outcomes sought for the Visitor Accommodation Code are:
(a) Visitor accommodation is compatible with and benefits from Noosa Shire’s
natural environmental values.
(b) Visitor accommodation offers a wide range of experiences for guests both in
coastal areas and in the hinterland.
(c) Visitor accommodation is located and designed in a manner which sensitively
responds to site characteristics.
(d) Visitor accommodation does not detrimentally impact upon the biodiversity
and natural landscape values of its setting.
(e) The density and design of visitor accommodation integrates with the urban or
landscape fabric of its particular locality.
(f) Visitor accommodation located near permanent residents does not detract
from the amenity enjoyed by residents.
(g) Visitor accommodation does not impact on the ability of rural land owners to
carry out agricultural pursuits.
(h) Visitor accommodation provides high quality amenities and facilities
commensurate with its setting, the types of accommodation supplied and the
length of stay accommodated.
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(i) Visitor accommodation forms a key element of the local tourism industry.
(j) Visitor accommodation provides for a wide range of visitors.
9.3.5.3 Criteria for assessment
Safety and amenity
PO12
Sufficient on-site car parking is provided to accommodate the number and type of vehicles likely
to be generated by the visitor accommodation having regard to the number of guests, staff or
visitors.
The planning scheme prioritises the preservation of medium density residential neighbourhoods
for predominantly permanent residential dwellings and seeks to protect the amenity of surrounding
residential areas from the impacts of short-term accommodation. The scheme further details that
the Tourist Accommodation zone is intended to provide for short-term accommodation.
The site is located in an area of Medium Density Residential zoned land that is located in a
neighbourhood area identified in figure 6 below, which is surrounded by visitor accommodation to
the north and commercial areas to the south.
Figure 5: Zonings and neighbourhood area
An analysis of properties being used for short-term accommodation was undertaken in April 2020
and is detailed in Figure 7 below for the area. This mapping indicates that the area has a
substantial number of premises that were being used for short-term accommodation. Council
data identifies that 27% of residential rated dwellings in Noosaville were being used for short-
term accommodation (including bed and breakfast) as of April 2020. It is acknowledged that other
approvals issued in the area permit their use for short-term accommodation, specifically being:
Multiple dwelling approvals issued prior to the 2006 planning scheme;
Superseded planning scheme requests to use dwellings within the Low Density Residential Zone;
and
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Approvals under the Noosa Plan 2020
Figure 6: Area 1 – Short-term accommodation
The proposal for an additional short-term accommodation use, within an area that is already
predominantly characterised by short-term accommodation does not comply with Purpose and
Overall Outcome (a) of the Medium Density Residential Zone Code. In addition, as the proposal is
for the use to establish within a new dwelling unit, it does not comply with Purpose and Overall
Outcome (h) of the Medium Density Residential Zone Code, which seeks to ensure Short-term
visitor accommodation is predominately provided through well-established resorts and holiday
units.
The proposal does not comply with the Purpose and Overall Outcome (2)(t) and Performance
Outcome PO21 of the Noosaville Local Plan Code, as while the Code seeks to maintain
Noosaville’s role for visitors, it does not seek to increase visitor accommodation in the area and
increasing visitor accommodation in the area is likely to further impact on the amenity of permanent
residents in the area and further degrade the available housing supply for permanent residents.
The proposal is also not consistent with Purpose and Overall Outcomes (1) and (2)(f) of the Visitor
Accommodation Code, as the proposed visitor accommodation is not appropriately located and
will detract from permanent residents’ amenity. There is also no need for additional visitor
accommodation in the area, and the extent of visitor accommodation does not integrate well with
permanent residents in the area and dominates the area.
Carparking and Driveways Code
The Driveways and Parking Code requires the short-term accommodation to provide two spaces
per dwelling and one space per four dwellings for the use, resulting in a total of 3 spaces for Unit
1. The proposal provides two spaces for Unit 1 within the existing lock up garage with a visitor
space that is available for visitors to the site. The provision of the visitor space is not for the
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exclusive use of Unit 1 and is located adjacent to Unit 4 at the opposite end of the complex. The
use is not considered appropriate as it creates potential conflict with multiple dwelling uses onsite.
4. CONSULTATION
4.1 Referral Agencies
Not applicable
4.2 Internal Council Referrals
Not applicable
4.3 Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning
Act 2016. Two (2) properly made submissions were received. The following table provides a
summary and assessment of the issues raised by submitters.
Matters Raised Comments
Amenity The noise could be regulated with the code of conduct
This proposal will impact residential amenity and property management conditions. Outdoor
due to the associated noise, lighting and parking entertainment areas could be restricted to minimise
noise at night. No additional lighting is expected /
“It is a business that detrimentally affects
proposed to that which currently exists onsite.
residential amenity for noise, lighting and
parking and these negatives can occur 24 hours Parking comprises a double garage, however, does not
a day, 7 days a week”. provide the exclusive use of a 3rd space required under
James St is a narrow street with limited on- the scheme provisions. Therefore, it is agreed that
street parking onsite carparking is considered to be insufficient, for
the proposed use which may have impacts on James
Street.
Short-term accommodation limits the number of Agreed – the locality contains an extensive number of
properties available for long term rental. properties that are being used for the purpose of short-
Creating lack of affordable housing for workers. term accommodation
5. CONCLUSION & REASONS FOR DECISION
The application seeks to use one unit of with the proposed 4 unit complex, situated within the
Medium Density Residential Zone, for the purpose of short-term accommodation. The planning
scheme seeks to prioritise the preservation of medium density residential neighbourhoods for
predominantly permanent residential dwellings and seeks to protect the amenity of surrounding
residential areas from the impacts of short-term accommodation. The proposal is located in a
neighbourhood area that is well serviced with short-term accommodation with some properties
being used for visitor accommodation and/or properties permitted for visitor accommodation. The
introduction of additional short-term accommodation is not consistent with the purpose of the zone.
Additional visitor accommodation is not needed in the area and is likely to further erode the
residential amenity for permanent residents in the area. The proposal also does not provide
sufficient on site carparking suitable for the use and accordingly, the application is recommended
for refusal.
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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
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4 51983.3225.14 – PLANNING & ENVIRONMENT COURT APPEAL NO. 3296 OF 2021 –
APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR
MULTIPLE DWELLING UNITS & 8 SHOPS AT 30 HASTINGS ST, NOOSA HEADS
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development
Index ECM/ Application/ 51983.3225.14 & Case/ Hingston & Ors
Attachments Nil
EXECUTIVE SUMMARY
This report reviews and recommends settlement of a current appeal with the Planning &
Environment Court against Council’s decision to approve an application to demolish 2 dwelling
units and construct 1 larger dwelling unit with the development known as ‘The Hastings’ at 30
Hastings Street, Noosa Heads. The appeal was lodged jointly by 6 submitters to the application.
During the course of the appeal, attended by all parties, the applicant agreed to amend the plans
to address some of the submitters concerns. The amended plans remain consistent with the Noosa
Plan 2020 requirements and the submitters have advised that they are agreeable to settling the
appeal on basis these plans form the approved plans.
It is therefore recommended that the appeal be settled, with the conditions updated to reflect the
amended plans.
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 August 2022 regarding Planning & Environment Court
Appeal No. 3296 of 2021 and agree to settle the appeal generally in accordance with the following
conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans – 11 November 2014
Rev. Plan, prepared by Date
Plan No.
No.1 Perspectives & Notes, prepared by 22/07/2014
Accolade Building Designs
No.3 Ground Floor & 1st Level, prepared by 22/07/2014
Accolade Building Designs
No.4 Elevations, prepared by Accolade Building 22/07/2014
Designs
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Approved Plans - October 2015
Plan No. Rev. Plan, prepared by Date
DA 3001 A Site Plan, prepared by Peter Hull Architect Sept 15
DA 3002 B Floor Plans, prepared by Peter Hull Sept 15
Architect
DA 3004 A Ground Floor and Carport Plan, prepared by Sept 15
Peter Hull Architect
DA 4001 B Sections, prepared by Peter Hull Architect Sept 15
DA 5001 B Elevations, prepared by Peter Hull Architect Sept 15
Approved Plans – March 2016
Plan No. Rev. Plan, prepared by Date
GRND FLR – Proposed (Unit 14), prepared 14/10/2015
by LPID
Elevation (Unit 14) – East Facing (Street 14/10/2015
Frontage), prepared by LPID
Elevation – North Facing (Unit 14), prepared 14/10/2015
by LPID
Elevation – South Facing (Unit 14), prepared 14/10/2015
by LPID
Elevation – West Facing (Unit 14), prepared 14/10/2015
by LPID
3D Views – Exterior (Unit 14), prepared by 14/10/2015
LPID
GRND FLR – Proposed (Unit 25), prepared 14/10/2015
by LPID
Elevation (Unit 25) – South View, prepared 14/10/2015
by LPID
Elevation – East (Unit 25), prepared by LPID 14/10/2015
Elevation – West (Unit 25), prepared by LPID 14/10/2015
Elevation – North (Unit 25), prepared by 14/10/2015
LPID
3D Views – Exterior (Unit 25), prepared by 14/10/2015
LPID
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Approved plans – May 2016
Plan No. Rev. Plan, prepared by Date
DA.01 B Location Plan prepared by Bark Design Architects 26/02/2016
DA.02 C Site Plan prepared by Bark Design Architects 23/02/2016
DA.04 C Ground Floor Plan prepared by Bark Design 23/02/2016
Architects
DA.05 C First Floor Plan prepared by Bark Design 23/02/2016
Architects
DA.06 C Second Floor Plan prepared by Bark Design 23/02/2016
Architects
DA.07 C Roof Terrace Plan prepared by Bark Design 23/02/2016
Architects
DA.11 B South Elevation prepared by Bark Design 26/02/2016
Architects
DA.12 B East Elevation prepared by Bark Design 26/02/2016
Architects
DA.13 B North Elevation prepared by Bark Design 26/02/2016
Architects
DA.14 B West Elevation prepared by Bark Design 26/02/2016
Architects
Approved plans – March 2017 Unit 20
Plan No. Rev. Plan, prepared by Date
1016HMK 3D rendering, prepared by Accolade Building 23 March 2017
Sheet 1 Designs
1016HMK Floor Plans, prepared by Accolade Building 23 March 2017
Sheet 2 Designs
1016HMK Ground Floor plan, prepared by Accolade Building 23 March 2017
Sheet 3 Designs
1016HMK Elevations, prepared by Accolade Building 23 March 2017
Sheet 4 Designs
Approved plans – April 2017 Unit 13
Plan, prepared by Date
Site plan, prepared by Mandy’s Design and Drafting March 2017
Proposed floor plan, prepared by Mandy’s Design and Drafting March 2017
Elevations, prepared by Mandy’s Design and Drafting March 2017
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Approved plans – August 2017 Unit 20
Plan No. Plan, prepared by Date
1016HMK 3D rendering, prepared by Accolade Building Designs 23 March 2017
Sheet 1
1016HMK Floor Plans, prepared by Accolade Building Designs 23 March 2017
Sheet 2
1016HMK Ground Floor plan, prepared by Accolade Building 23 March 2017
Sheet 3 Designs
1016HMK Elevations, prepared by Accolade Building Designs 23 March 2017
Sheet 4
Approved plans – August 2017 Unit 5
Plan No. Plan, prepared by Date
Sheet 1 of 4 Site Plan, prepared by Mandy’s Design and Drafting July 2017
Issue A
Sheet 2 of 4 Existing Floor Plans, prepared by Mandy’s Design and July 2017
Issue A Drafting
Sheet 3 of 4 Proposed floor plan, prepared by Mandy’s Design and July 2017
Issue A Drafting
Sheet 4 of 4 Elevations, prepared by Mandy’s Design and Drafting July 2017
Issue A
Approved Plans – April 2018 Unit 21
Plan No. Plan, prepared by Date
Sheet 1 of 6 Proposed Partial Enclosure of Ground Level Under 26/04/2018
Existing Unit, prepared by Accolade Building Designs
Sheet 2 of 6 Proposed Partial Enclosure of Ground Level Under 26/04/2018
Existing Unit, prepared by Accolade Building Designs
Sheet 3 of 6 Proposed Partial Enclosure of Ground Level Under 26/04/2018
Existing Unit (floor plans), prepared by Accolade Building
Designs
Sheet 4 of 6 Proposed Partial Enclosure of Ground Level Under 26/04/2018
Existing Unit (elevations), prepared by Accolade Building
Designs
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Approved Plans – 19 November 2020 Unit 17
Plan No. Plan, prepared by Date
Sheet 01, Site Location, Site Plan & Floor Plans, prepared by Innovate October 2020
Issue D Architects
Sheet 02, Elevations, Section & External Finishes Schedule, prepared October 2020
Issue D by Innovate Architects
Sheet 07 Perspectives, prepared by Innovate Architects October 2020
Issue C
Approved Plans – March 2020 Unit 19
Plan No. Plan, prepared by Date
A01 Site Location, Site Plan & Calculations, prepared by Lisa 22 January 2021
Page
A02 Ground Floor Plan – with proposed alterations, prepared 22 January 2021
by Lisa Page
A03 Level 1 Floor Plan, prepared by Lisa Page 22 January 2021
A04 Level 2 Floor Plan, prepared by Lisa Page 22 January 2021
A05 Level 3/Terrace, prepared by Lisa Page 22 January 2021
A06 Elevations Views: North & South facing, prepared by Lisa 22 January 2021
Page (as annotated by Council)
A07 Elevations Views: East & West facing, prepared by Lisa 22 January 2021
Page (as annotated by Council)
A08 Perspective view, Terrace level, prepared by Lisa Page 22 January 2021
A09 Perspective views: south, west, north facing, prepared by 22 January 2021
Lisa Page
A10 Perspective views: south/east/north views, prepared by 22 January 2021
Lisa Page
A11 Section view-east facing, prepared by Lisa Page 22 January 2021
A12 External Material Finishes Palette 22 January 2021
by Lisa Page
- Landscape Concept Design document including site plan -
and perspective, cross sections, look and feel and design,
prepared by Louise Custance
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Approved Plans – July 2022 Units 9-10 (Lot 30 SP307674)
Plan No. Plan, prepared by Date
SK 002 Proposed Holyman Unit 3D perspectives, prepared by N/D
Iss SK2 Gerard Smith Design
SK 101 Site Plan, prepared by Gerard Smith Design May 2022
Iss SK2
SK 102 Setback Plan & Vehicle Manoeuvring Plan, prepared by May 2022
Iss SK2 Gerard Smith Design
SK 201 Floor Plan – All Levels, prepared by Gerard Smith Design May 2022
Iss SK2
SK 401 Elevations – Sheet 1, prepared by Gerard Smith Design May 2022
Iss SK2
SK 501 Cross Sections – Sheet 1, prepared by Gerard Smith May 2022
Iss SK2 Design
SK 951 Overviewing Diagrams – Level 1, prepared by Gerard May 2022
Iss SK2 Smith Design
SK 952 Overviewing Diagrams – Level 2, prepared by Gerard May 2022
Iss SK2 Smith Design
3 Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed within this Decision Notice.
Construction Management Plan & Pre-Start Meeting
4 A Construction Management Plan must be submitted to and approved by Council prior to
obtaining a building approval and must specifically address the following:
a. Traffic Management during all aspects of the construct phase including.
i. Traffic Management Control Plan in accordance with Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic control
measures prior to construction.
ii. Maintenance of safe and unobstructed access across the frontage of the site for
pedestrians and vehicles both during daily construction and after daily
construction has ceased.
iii. Parking arrangements, number, and locations for vehicles associated with the
proposed construction works that need to be onsite or in proximity to the site at
any time during the phases of the construction works. Where relevant, time slots
and off-peak hours should be indicated. All efforts must be made to prevent or
minimise adverse impact on public parking availability in the local area.
b. Works programme identifying key components of the works and their respective
durations.
c. Written confirmation from the Body Cooperate accepting the use of the common
property for activities associated with the construction works as identified in the final
Construction Management Plan and the Traffic Management Plan.
d. Proposed fencing to the site during the construction phase of the development.
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e. Protection fencing for existing landscaping and trees in proximity to the work activities.
f. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures to prevent silt and contaminants from entering existing stormwater
system.
g. Establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic and services and other relevant issues.
h. identification of complaint management procedures including:
i. Contact details for the on-site manager.
ii. Dispute resolution procedures.
5 Council must be contacted at least 5 working days prior to any works commencing to
organise a pre-start meeting. The contact number to arrange a pre-start meeting is
Development Construction Officer on ph.5329 6465. The pre-start meeting must include:
a. The relevant parties for any Civil Engineering and Building works.
b. A representative of the Body Corporate.
The applicant must provide copies of the approved construction and traffic
management plans for the attendees at the prestart meeting.
Frontage Condition Report
6 A condition report including photographs of the frontage of the site must be completed and
submitted to council at the prestart meeting and prior to any works commencing.
General Requirements
7 Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
8 The developer must meet any costs to repair damage to any Council asset during
construction where damage is a result of the development works. Damage to assets must
be repaired immediately where it creates a hazard to the community. In circumstances where
the damage does not create a hazard to the community, it must be repaired immediately on
completion of the works associated with the development.
Performance Bond
9 Deleted.
Performance Bond
10 Security in the form of a cash bond or trading bank guarantee to the sum of $4000 must be
submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Building 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.
Building Appearance
11 All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible externally from adjoining land uses.
Privacy – Unit 17
12 To ensure privacy is protected between adjoining units, the kitchen window located on Level
1 must either:
a. have a minimum window sill height or 1.7 metres above floor level; or
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
b. be fitted with opaque glazing
13 The balcony located on Level 1 and the roof top terrace must include either balustrading or
fixed external screens, positioned in such a way to obscure direct views into the habitable
room windows or private open space areas of the adjoining units.
Noise
14 Written certification is required from a suitably qualified person confirming that sound
pressure levels from all mechanical plant and equipment comply with the following:
a. Air-conditioning
• 7am to 10pm: Maximum level allowable = background + 5dB(A)
• 10pm to 7am: Maximum level allowable = background + 3dB(A)
b. Pumps/spa equipment
• 7am to 7pm: Maximum level allowable = background + 5dB(A)
• 7pm to 10pm: Maximum level allowable = background + 3dB(A)
• 10pm to 7am: No audible noise.
15 The certification must be submitted to Council at the completion of the building works, which
certifies that operational noise from any fixed plant and equipment complies with the
requirements of this Decision Notice.
Landscaping Works
16 The Cocos palm on Lot 17 must be removed prior to construction works commencing on site.
17 The Hills Fig tree on Lot 17 may be removed as part of preparing the site for construction.
18. The development site must be landscaped generally in accordance with Planning Scheme
Policy PSP03 – Landscaping Plants and guidelines and the following requirements:
a. Lot 17 - 2 x 45L Small Leaf Lilly Pilly’s (Syzygium luehmannii) planted in the general
location of the vegetation approved for removal.
b. Lot 17-3 x 45L trees listed in the PSP03 suitable for the Noosa Heads locality must be
planted between the building and the northern boundary and north western corner of
Lot 17 that grow to a maximum height of 7 metres.
c. Lot 19 - the works as generally shown on the approved Landscape concept plan as
prepared by Louise Custance except for the usage of exotic species and include 2
advanced local native tree species in a pot size of no less than 45L that grow to a
maximum height of 7 metres.
d. Lot 19 – Landscaping must be provided between the building and western boundary
that grow (on average) to a maximum height of 5 metres in order to soften the built
form where viewed from the west.
19. 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.
20. Landscape works must be completed prior to the commencement of the approval use.
21. Vegetation to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape
b. installing protective fencing around the drip line of the vegetation
c. restricting stockpiling, storage and vehicle parking to those areas which are
already cleared
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d. using low impact construction techniques around vegetation.
Damage to Services and Assets
22. 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.
Flood
23. In response to the potential flood risks, material and surface treatments below the defined
flood event must be resilient to water damage and do not include wall cavities that are
susceptible to the intrusion of water.
24. No habitable rooms are to be located on the ground floor.
Demolition
25. Security to the value of $5,000 must be provided to Council’s Building and Plumbing Services
prior to the issue of the Development Approval for Building Works – demolition of Unit 17 &
19. The security must be in the form of a cash bond or bank guarantee, for security against
satisfactory completion of works.
26. Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
bridges or roadways at the removal site, the new site or between the sites must be repaired
or reinstated to at least pre-existing conditions.
27. All waste materials are removed from site.
28. Litter, erosion and sediment control measures are to be installed and/or maintained until soils
are stabilised by vegetation or sealed. NB: it is an offence under the Environmental Protection
Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a
waterway or storm water drainage system (e.g. roadside gutter).
29. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
30. Asbestos removal work (Section 466) of the Work Health and Safety Regulation
2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
31. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008. NB: Asbestos is a Regulated Waste. The Department of Environment &
Science licenses businesses that transport asbestos waste, and landfills that accept this
waste.
32. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging are removed from the building prior to demolition/relocation.
33. It is a requirement of the ‘Plumbing and Drainage Regulation 2019’ that at demolition of a
building classed 1-10, the existing sanitary drain upstream from the connection point for a
service provider’s sewerage system must be sealed water tight. This work is deemed as
Notifiable Work and must be carried out by a suitably licenced plumber who shall submit an
As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
Special conditions relating to the redevelopment of Unit 19 only – 4 March 2021
34. The Level 1 balcony is to be setback 0.5 metres from the western boundary and 3.5 metres
from the northern boundary.
35. All parts of the building must be wholly contained within Lot 19 with the exception of
structures in the exclusive use area as stipulated by the Community Management Statement
for the site.
36. The storage room on the ground level is not to be used as a bedroom or as any other
habitable room.
Additional Conditions specific for Lot 30 (and the use of Lots 7 & 11 for construction and
access) – 21 October 2021
Performance Bond - Planning
37. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must
be submitted to Council, to secure performance of all conditions of this approval, specifically
for Lot 30, prior to the issue of a Development Permit for Building 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.
Performance Bond – Demolition
38. Security to the value of $10,000 must be provided to Council’s Building and Plumbing
Services prior to the issue of the development approval for building works (demolition). The
security must be in the form of a cash bond or bank guarantee, for security against
satisfactory completion of works.
Landscaping
39. The development site must be landscaped generally in accordance with the approved plans
and Planning Scheme Policy PSP2 – Landscaping, and the following requirements:
a. A minimum of a 1m wide garden with dense landscaping must be provided to the north,
south and western boundaries within Lot 30.
b. The 1m wide garden must consist of 45 litre pot size native trees planted at 1.5m
centres. Include 1 x 100 litre pot size tree to be planted in each of the following
locations:
i. south east corner; and
ii. half way along the southern boundary; and
iii. to the west of the visitor car space where the lot dog legs.
c. The plantings must grow to an average minimum height of 10m and be suitable native
species for the urban surroundings such as Syzygium, Elaeocarpus, Acronychia.
d. 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.
e. Landscape works must be completed prior to the commencement of the use of Lot 30.
40. The Fig tree, Umbrella, Exotic and Palm trees as shown on Plan No. 18-4767AA prepared
by Max Watterson & Associates may be removed within the lot as part of preparing the site
for construction.
41. Any vegetation to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape;
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b. installing protective fencing around the drip line of the vegetation;
c. restricting stockpiling, storage and vehicle parking to those areas which are already
cleared; and
d. using low impact construction techniques around vegetation.
Privacy
42. The level 1 and level 2 operable timber privacy screens when fully extended must not cover
more than 50% of each of the balconies. The privacy screens on Level 3 must be a minimum
height of 1.7m above the FFL.
43. The balcony located on Level 2 and the roof top terrace must include balustrading (set back
as shown on the approved plans), and fixed external screens (where appropriate), positioned
in such a way to obscure direct views into the habitable room windows or private open space
areas of the adjoining units.
Building Appearance
44. The building must be constructed to be generally in accordance with the material and colour
palette as shown on Plan no. SK 002 Issue SK2 and prepared by Gerard Smith Design.
REPORT
On 21 October 2021, Council at its Ordinary meeting resolved to approve an application to
demolish 2 x 3 storey, 2 bedroom dwelling units and construct 1 larger 4 storey, 3 bedroom dwelling
at 30 Hastings Street, Noosa Heads. The existing development was originally approved by Council
in October 1983 and comprised 25 Bungalow style 2 bedroom units and 8 shops, with a restaurant
subsequently approved on site in December 2000.
The application was subject to impact assessment and was required to be publicly notified for
submissions. 16 submissions were received to the application from other unit owners in the
complex seeking the Gabriel Poole design to be respected, but also raising privacy, amenity,
access to sunlight, potential noise impacts from outdoor living areas and design issues.
The application was recommended for approval as the proposal offered a well-designed building
which would not create any additional privacy issues or create additional shading of surrounding
properties and met the Noosa Plan 2020 design requirements.
As a result of Council’s decision to approve the application, 6 submitters elected to jointly appeal
the decision to the Planning & Environment Court seeking that the application be refused.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
Figure 1 – Locality plan. Whole site shown with a green perimeter and the subject site shown with a red
perimeter within the larger site.
Figure 2 – Site Plan for new unit
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
Figure 4 – Floor Plan. Ground floor bottom left and 4th floor bottom right
Figure 5 – Elevation from the internal driveway
During the course of the appeal, mediation was attended with the Court registrar by all parties,
wherein the submitters sought a number of changes to the proposal plans. Some agreements were
reached by all, with the applicant subsequently offering to resolve the appeal on the basis they
would prepare amended plans.
The proposed amendments to the plans remain generally consistent with the planning scheme and
plans previously approved by Council, with the amended plans increasing the setback of the upper
storey from the internal driveway as indicated in the below section, (including an increased setback
of the upper level roof from 300mm to 1500mm and balustrade from 1200 to 2000mm).
Page 50 of 103
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
The submitters have advised that they accept the amended plans are an improvement and are
agreeable to settle the appeal.
It is therefore recommended that the appeal be settled, with some minor changes made to the
conditions to reflect the new plans.
Previous Council Consideration
Ordinary Meeting, 21 October 2021, Item 3, Page 24
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 October 2021 regarding Application No. 51983.3225.14 for an Other
Change to an existing approval to Town Planning Consent 1632 for 25 x Multiple dwelling and 8
shops situated at The Hastings Lot 30/30 and Lots 7 & 11/30 Hastings St Noosa Heads and:
A. Approve the application.
B. Change condition 1:
C. Include the following additional conditions 37 - 44 to read as follows:
Additional Conditions specific for Lot 30 (and the use of Lots 7 & 11 for construction
and access) – 21 October 2021
Performance Bond - Planning
37. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted to Council, to secure performance of all conditions of this approval,
specifically for Lot 30, prior to the issue of a Development Permit for Building 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
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
performance of this permit. Council reserves the right to call upon the bond or
guaranteed sum to effect compliance with conditions. Performance Bond – Demolition
38. Security to the value of $10,000 must be provided to Council’s Building and Plumbing
Services prior to the issue of the development approval for building works (demolition).
The security must be in the form of a cash bond or bank guarantee, for security against
satisfactory completion of works. Landscaping
39. The development site must be landscaped generally in accordance with the approved
plans and Planning Scheme Policy PSP2 – Landscaping, and the following
requirements:
a. A minimum of a 1m wide garden with dense landscaping must be provided to the
north, south and western boundaries within Lot 30.
b. The 1m wide garden must consist of 45 litre pot size native trees planted at 1.5m
centres. Include 1 x 100 litre pot size tree to be planted in each of the following
locations:
i. south east corner; and
ii. half way along the southern boundary; and
iii. to the west of the visitor car space where the lot dog legs.
c. The plantings must grow to an average minimum height of 10m and be suitable
native species for the urban surroundings such as Syzygium, Elaeocarpus,
Acronychia.
d. 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.
e. Landscape works must be completed prior to the commencement of the use of
Lot 30.
40. The Fig tree, Umbrella, Exotic and Palm trees as shown on Plan No. 18-4767AA
prepared by Max Watterson & Associates may be removed within the lot as part of
preparing the site for construction.
41. Any vegetation to be retained must be protected from clearing or construction activities
by:
a. clearly marking vegetation to be retained with flagging tape;
b. installing protective fencing around the drip line of the vegetation;
c. restricting stockpiling, storage and vehicle parking to those areas which are
already cleared; and
d. using low impact construction techniques around vegetation.
Privacy
42. The level 1 and level 2 operable timber privacy screens when fully extended must not
cover more than 50% of each of the balconies. The privacy screens on Level 3 must
be a minimum height of 1.7m above the FFL.
43. The balcony located on Level 2 and the roof top terrace must include balustrading
(set back as shown on the approved plans), and fixed external screens (where
appropriate), positioned in such a way to obscure direct views into the habitable room
windows or private open space areas of the adjoining units.
Building Appearance
Page 52 of 103
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
44. The building must be constructed to be generally in accordance with the material and
colour palette as shown on Plan no. SD.102, Issue P2 and prepared by Gerard Smith
Design.
D. Amend existing Condition 25 to read: Demolition
25. Security to the value of $5,000 must be provided to Council’s Building and Plumbing
Services prior to the issue of the Development Approval for Building Works – demolition
of Unit 17 & 19. The security must be in the form of a cash bond or bank guarantee,
for security against satisfactory completion of works.
E. Include an administrative amendment to ‘Privacy’ heading above existing Conditions 12 &
13 to read ‘Privacy - Unit 17’
F. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Finance & Risks
Should the appeal not be settled by Council and the submitters, there will be further costs for
Council, as Council as a model litigant will be expected to be a party to the appeal.
Consultation
External Consultation - Community & Stakeholder
Thynne Macartney – Tim Quirk
Internal Consultation
Nil
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 53 of 103
Section 54
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
5 PLANNING & ENVIRONMENT COURT APPEAL NO D97 OF 2022 – APPLICATION FOR
SHORT STAY LETTING UNDER LOCAL LAW NO. 1 & SUBORDINATE LOCAL LAW NO.
1 (ADMINISTRATION) 2015 FOR UNIT 1, 12 STEVENS STREET, SUNSHINE BEACH
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development
Index ECM/ Application/ SSL22/0179/ & Case/ Escanaba Pty Ltd
Attachments Nil
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 August 2022 regarding Planning & Environment Court
Appeal D97 of 2022 and agree to defend the appeal.
REPORT
On 27 April 2022 Council officers under delegation refused an application under Council’s Local
Laws for the use of 1/12 Stevens Street, Sunshine Beach for short stay letting for the following
reason:
1. On 11 August 2015, the premises at 1/12 Stevens Street, Sunshine Beach was approved
under the Noosa Plan 2006 for Multiple Housing Type 2 – Duplex, MCU15/0049.
Under the provisions of the Noosa Plan 2006, Multiple Housing Type 2 – Duplex did not allow
for visitor or short-term accommodation use of the premises.
The use of 1/12 Stevens St Sunshine Beach Qld 4567 for short term accommodation is
currently unlawful and an approval under the local law cannot be issued for an unlawful use.
The applicant was also advised at the time that as the use of the premises for short term
accommodation is not lawful the use must cease within 6 weeks from the date of the refusal notice,
with booking information detailing past bookings dating back to 2018.
The applicant subsequently requested the decision to refuse the application be reviewed as
provided for under the Local Law, questioning the validity of the Local Law and suggesting the
absence of an appropriate development approval for short term accommodation is not a valid basis
for refusing the application. The review addressed the issues raised and confirmed the previous
grounds of refusal.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court maintaining that the use of the premises for short-term
accommodation is lawful as Multiple Housing Type 2 Duplex (MCU15/0049) does allow the
premises to be used for short term accommodation. The applicant seeks that the application be
approved subject to appropriate conditions.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Not Applicable
Page 54 of 103
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 AUGUST 2022
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
McCullough Robertson – Troy Webb
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 55 of 103
Section 56
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 09 AUGUST 2022
6 PLANNING & ENVIRONMENT COURT APPEAL NO D100 OF 2022 – ENFORCEMENT
NOTICE FOR OPERATION OF AIRSTRIP WITHOUT A DEVELOPMENT APPROVAL AT
LAKE WEYBA DRIVE, NOOSAVILLE
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development
Index ECM / Application / COM20/0675/ & Case / D100 of 2022 (Noosa Airfield Pty
Ltd)
Attachments Nil
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 August 2022 regarding Planning & Environment Court
Appeal D100 of 2022 and agree to continue enforcement against Noosa Airfield to address the
current breach of the Noosa Plan 2020 and Planning Act 2016.
REPORT
During 2020 Council received several complaints from residents near Lake Weyba about aircraft
noise coming from the airstrip near Lake Weyba. Residents submitted that there had been an
increase in aircraft noise and aircraft activity from the airstrip.
The present use of the land for airfield purposes involving the landing and take-off of aircraft and
associated facilities being housing, servicing, maintenance and repair of aircraft is unlawful as:
• the original town planning consent for the use expired many years ago;
• a subsequent rezoning approval in 1994 to Special Facilities was never completed despite
correspondence by Council at the time noting the Council’s concerns in this regard.
• the property is located in the Community Facilities Zone (Air Service) under the Noosa Plan
2020 and requires an impact assessable application for a Material Change of Use .
The expiration of the approval and lack of a development approval has been previously brought to
the attention of the owner on a number of occasions, most recently in 2017/2018 when Council
investigated complaints about numerous trucks carrying fill material to Noosa Airfield. These
investigations found that significant uncontrolled fill material and builders demolition materials had
been placed into a manmade waterway and vegetation had been removed from a riparian buffer
area.
Noosa Airfield was advised that the use was to cease forthwith and if they intended to continue
with the use of the airfield it would be necessary to make a development application to Council.
Given the lack of any satisfactory response to previous correspondence and given Council was
continuing to receive complaints in relation to noise impacts arising from the use, formal
correspondence to Noosa Airfield was issued requiring them to cease the use or lodge a
development application with Council.
Noosa Airfield have now lodged an appeal against the Enforcement Notice suggesting Council has
consented to the use continuing; sought to recognise its existence through its planning schemes;
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 09 AUGUST 2022
and did not raise any concerns about the absence of approvals until 2018 and therefore it would
be unreasonable to require Noosa Airfield to apply for a development approval. The appeal notice
also suggests that residents’ complaints should be given little weight given the airstrip’s existence
is well known in the locality and is consistent with the planning scheme’s intent for the site,
informing the reasonable expectations of the community.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Not Applicable
Finance & Risk
In issuing the formal notices to Noosa Airfield advice was sought from Council’s planning solicitor
to ensure the notices were not technically deficient and Council’s actions were consistent with the
Planning Act 2016.
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
Thynne Macartney – Tim Quirk
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 57 of 103
Section 58
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 09 AUGUST 2022
7 UPDATE TO INFRASTRUCTURE CHARGES RESOLUTION
Author Infrastructure Assessment Coordinator, Oddbjorn Ludvigsen
Environment and Sustainable Development Department
Index ECM/ Subject/ 66.02 - Infrastructure Charges Instruments & Policy
(Council/State)
Attachments 1. Noosa Shire Council Charges Resolution (No.7) 2022
EXECUTIVE SUMMARY
This report recommends an administrative amendment be made to Council’s “Charges Resolution”
to align with the recently amended “Planning Regulation 2017, Schedule 16 Prescribed amounts”
(maximum permissible charge rates) that apply for the 2022-2023 financial year.
RECOMMENDATION
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 9 August 2022 and adopt the “Noosa Shire Council
Charges Resolution (No.7) 2022” provided as Attachment 1 to the report, to replace the “Noosa
Shire Council Charges Resolution (No.6) 2021” and take effect on 19 August 2022.
REPORT
Council issues infrastructure charges on development under its “Charges Resolution” to help fund
provision of “trunk” infrastructure identified in its Local Government Infrastructure Plan (LGIP).
On 1 July 2022 through the “Planning Legislation (Fee Unit Conversion and Other Amounts)
Amendment Regulation 2022”, the State Government amended the “Planning Regulation 2017,
Schedule 16 Prescribed amount” that applies from 1 July 2022 for the 2022-2023 financial year in
lieu of the indexation otherwise applicable under Clause 112 (2) (b) of the “Planning Act 2016”.
The Queensland Legislation webpage has been updated with the amended “Planning Regulation
2017, Current as at 1 July 2022”. The updated prescribed (maximum) amounts equate to an
average 1.31% increase from the previous financial year.
To maintain direct consistency with the most current legislative/regulatory amendment, it is
recommended that Council’s current “Charges Resolution (No.6) 2021” be amended and replaced
with an updated “Charges Resolution (No.7) 2022” provided as Attachment 1 to this report to take
effect on 19 August 2022.
1. Summary of Amendments
The amendments are administrative only and relate to the following items:
1. Section 1.1 Short title
Update the charges resolution citation to: (No.7) 2022
2. Section 1.3 Effect
Update the effective date to: 19 August 2022
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 09 AUGUST 2022
Section 10.4 Schedule of Council Adopted Infrastructure Charges (under breakup agreement)
Update the base date to 1 July 2022 for the 2022-2023 Financial Year and amend Table 10.3
Schedule of Council adopted charges to:
• Delete Column 1a “The Noosa Plan 2006 (Superseded planning scheme)” uses as the
transitional period for development assessment under this scheme has ceased;
• Amend Column 1b to 1;
• Update Column 2 to the current “Planning Regulation 2017 Schedule 16 Prescribed
amounts” updated by the State Government on 1 July 2022 as inserted by the “Planning
Legislation (Fee Unit Conversion and Other Amounts) Amendment Regulation 2022”;
• Update Column 3 “Council Charges” in accordance with the Charges breakup agreement
with Unitywater of the updated Prescribed amounts in Column 2; and
• Update Column 4 “Council Included Reductions” amounts maintaining unchanged previous
proportioned (percentage) reductions.
Previous Council Consideration
Ordinary Meeting Minutes, 28 August 2014, Item 2, Page 6
That Council note the report by the Priority Infrastructure Planning and Infrastructure Charges
Officer to the Planning & Organisation Committee dated 28 January 2014 and:
1. Adopt the “Noosa Shire Council Adopted Infrastructure Charges Resolution (No.1) 2014”
(provided at Attachment 1 to the report) to replace the “Sunshine Coast Regional Council
Adopted Infrastructure Charges Resolution (No.4) 2011” applying to development governed
by The Noosa Plan;
2. Publicly notify the adoption of the “Noosa Shire Council Adopted Infrastructure Charges
Resolution (No.1) 2014” and forward a copy to the Chief Executive, Department of State
Development, Infrastructure and Planning in accordance with section 648D of the
“Sustainable Planning Act 2009”;
3. Adopt Noosa Council policy positions regarding Extensions to Relevant Periods (through
infrastructure agreements) and/or subsequent Infrastructure Charge Notices triggered by
Building Permits, to charge development for all networks, including those previously missing
where:
a) missing networks are to be charged at the current Adopted Infrastructure Charges; and
b) the missing network charge is limited so that it does not cause the total amount
payable for the development to exceed the total maximum adopted charge
permissible under the “Statutory Planning Regulatory Provision (adopted charges)”.
4. For development requesting to transfer to an alternative infrastructure charges regime to
that previously applied under an existing development approval, Council:
a) require a new development application to be lodged; and
b) offer a 50% reduction to the application fee for these new development applications,
provided there is no change to the development previously approved and no additional
assessment is required to that previously undertaken under The Noosa Plan; and
c) request the applicant to cancel their previous development approval under sections
379 and 380 of the “Sustainable Planning Act 2009” at no cost to the applicant, once a
dew development approval takes effect.
5. Note the State Government’s review of the current Adopted Infrastructure Charges regime
is likely to impact the level of infrastructure charges that can be levied on future development
and priority infrastructure planning requirements. A further report will be provided to Council
once the outcome is known.
Page 59 of 103
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 09 AUGUST 2022
Ordinary Meeting Minutes, 12 February 2015, Item 1, Page 6
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Organisation Committee Meeting dated 3 February 2015 and adopt the “Noosa Shire Council
Charges Resolution (No.2) 2014” (provided as Attachment 1 to the report) to take effect on Monday
16 February 2015 replacing the “Noosa Shire Council Adopted Infrastructure Charges Resolution
(No.1) 2014”.
Ordinary Meeting Minutes, 20 October 2016, Item 5, Page 16
That Council note the report by the Principal Strategic Planner to the General Committee dated 17
October 2016 and:
A. Proceed to adopt the Planning Scheme Amendments, as provided at Attachment 1 to the
report, in accordance with the Ministerial conditions; and
B. Authorise changes to Table 10.3 of Council’s Charges Resolution for secondary dwellings,
community residences and intensive cultivation uses, as provided at Attachment 2
(Amended) to the report.
Ordinary Meeting Minutes, 20 September 2018, Item 5, Page 14
That Council note the report by the Infrastructure Assessment Coordinator to the General
Committee Meeting dated 17 September 2018 regarding amendment to the Infrastructure Charges
Resolution and:
A. Adopt the “Noosa Shire Council Charges Resolution (No.3) 2018” provided at Attachment
1 to the report, to take effect on Monday 24 September 2018 replacing the “Noosa Shire
Council Charges Resolution (No.2) 2014 (Amendment 1)”;
B. Authorise the Chief Executive Officer to:
1. Review infrastructure charge notices issued from 8 June 2018 (the date the current
LGIP took effect) and where applicable for developments located outside the PIA, issue
“Amended Infrastructure Charges Notices” removing the stormwater component of the
charge;
2. Apply the annual indexation methodology in line with item 9.5 (3) “Automatic
increase provision of levied charge” contained in the new “Noosa Shire Council
Charges Resolution (No.3) 2018” for all infrastructure charges remaining to be paid
that were issued from 1 July 2011 under all previous adopted “Council Charges
Resolutions”; and
3. Continue to apply quarterly indexation using variations in the Consumer Price Index
(CPI) for:
i. all infrastructure contributions and/or infrastructure charge notices remaining to
be paid that were issued prior to 1 July 2011 under the former Planning Scheme
Policies (PSP’s) contained as a condition of a development permit and/or under
the former Coastal Major Road Network Infrastructure Charges Plan
(CMRNICP); and
ii. all infrastructure charges and/or contributions being paid under delayed
staged payment or other infrastructure agreements.
Ordinary Meeting Minutes, 19 September 2019, Item 1, Page 10
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 10 September 2019 and adopt the “Noosa Shire Council
Charges Resolution (No.4) 2019” provided at Attachment 1 to the report (with a correction to
section 13.6(i)(c) to refer to clause 145 of the Planning Act), to take effect on Monday 23
September 2019 replacing the “Noosa Shire Council Charges Resolution (No.3) 2018”.
Special Meeting Minutes, 16 July 2020, Item 2, Page 7
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That Council note the report by the Infrastructure Assessment Coordinator to the Special Meeting
dated 16 July 2020 and
A. Adopt the “Noosa Shire Council Charges Resolution (No.5) 2020” provided at Attachment
1 to the report, to take effect and replace the “Noosa Shire Council Charges Resolution
(No.4) 2019” on the day the new planning scheme takes effect, and
B. Authorise the CEO to make minor changes to the Noosa Shire Charges Resolution (No. 5)
2020 prior to the date it takes effect.
Ordinary Meeting Minutes, 15 October 2020, Item 1, Page 4
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 6 October 2020 and adopt the “Noosa Shire Council
Charges Resolution (No.5.1) 2020” provided at Attachment 1 to the report, to replace the “Noosa
Shire Council Charges Resolution (No.5) 2020” and take effect on 16 October 2020.
Ordinary Meeting Minutes, 19 August 2021, Item 6, Page 7
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 10 August 2021 and adopt the “Noosa Shire Council
Charges Resolution (No.6) 2021” provided as Attachment 1 to the report, to replace the “Noosa
Shire Council Charges Resolution (No.5.1) 2020” and take effect on 20 August 2021.
Finance
Council is required to have an adopted a Charges Resolution that is compliant with current planning
legislation to issue infrastructure charges and impose conditions about trunk infrastructure on
development. The infrastructure charges revenue is estimated in the order of $2 million per annum.
Risks & Opportunities
Regular reviews with appropriate updates to Council’s Charges Resolution will reduce the risk for
potential legal appeals being lodged against infrastructure charges issued on development.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Manager, Development Assessment
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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ATTACHMENT 1
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ATTACHMENT 1
=m
or i PNLOesy- eel ON(Ol ts
Noosa Shire Council
Charges Resolution (No.7) 2022
Effective Date: 19 August 2022
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Noosa Shire Council
Charges Resolution (No.7) 2022
Contents
Page
Part 1 TEER OUGCHOM ..cnncnsceannnsconspconcecnnansunanenssennpevuncectnawsusanenscesnpevesennaesuvanensconneevsssenspewanvenensseuneevsesecnnenndlll
‘ds PreliMIN al Yisssccsecvcrssecccevssesrassmenenemrmnnieenaenea eS
1.1 Short title 4
1.2 Planning Legislation 4
1.3 Effect 4
1.4 Purpose of the resolution 4
1.5 Interpretation 4
2. Application of the adopted infrastructure Charge ......ccseccsseseeenseseeessereesteesseeeeesessseeesseeeseee L
2.1 Purpose 7
2.2 Effect of the Chapter 4 of the Planning Act 2076 in the local government area 7
2.3 Application of the resolution to the local government area 7
2.4 Application to particular development 7
2.5 Categorisation of uses to development classes 8
3. Assumptions about future development ..........:ccsecceeceneesseeceseneenseeeesenesseesseeeesseeensneeensnnessees O
3.1 Purpose 8
3.2 Development assumptions about future development 8
4. Priority infrastructure APCA.......cecscceeeeeseeenseeseseeeeeeeeseeeesneeeesaeeaesenaeeseeseeeeeseseeesseeeesneassnesesessseees O
4.1 Purpose 8
4.2 Priority infrastructure area 8
Part 2 Trunk infrastructure NEtWOFKS ........ cc cessssseeseseessessesseesesseeseesonsansesnessessesaneneeneesaesseeseesenssenses D
5. Trunk infrastructure: plans :wsccsccccvccssscceneccsissescacanesspeeeereneesnrseevnasierninesninan D
5.1 Purpose 9
§.2 Schedule of works for trunk infrastructure 9
5.3 Trunk infrastructure network systems and items 9
5.4 Trunk infrastructure plans 9
6. Desired standard Of Service.........cccccssssscsssssssssessesensssessaseesscsesensenaeescesousarsasssesenssensssssessasores D
6.1 Purpose 9
6.2 Desired standards of service for trunk infrastructure 9
7. Establishment cost for trunk infrastructure NEtWOFKS. ..........ccsseesesseeseeenseseeesseesenreneeneeeneen D
7.1 Purpose 9
7.2 Establishment cost for a trunk infrastructure network 9
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Part 3 Le@VI0d CHArGe ......cceccecseeeesseeeessneneesenneeeeaeeeeaeeessnseesenseseneeeeseeesasaneeesseeaesseeaeessnessseesessersseseessesers TO
8. Leviediintrastructure ChalQe: vcccciivisscswevevesnnnsscnsssenevasenevsearesrenassinennsenaernirreresrseneeneiee LO.
8.1 Purpose 10
8.2 Calculation of Council levied charge 10
8.3 Council adopted charge rate 12
8.4 Credit 13
8.5 Additional credit for past contribution or charge 13
9. Administration of levied Charge ........::ccsccccsseeseeeesseeeesseenessneessseneseseaeseesaessessnseesenssesseseeseeees 14
9.1 Purpose 14
9.2 Subsidy for a levied charge 14
9.3 Time of payment of a levied charge 14
9.4 Alternatives to paying a levied charge 14
9.5 Automatic increase provision of levied charge 14
9.6 Infrastructure charges taken to be a rate 15
9.7 Interest on overdue charges 15
9.8 Goods and services tax 15
10. Allocation of adopted infrastructure charge (breakup agreement) .........:ccssceeeeeseeeeeeees 15
10.1 Purpose 15
10.2 Allocation of adopted infrastructure charge to the Council and the distributor-
retailer (breakup agreement) 15
10.3 Allocation of levied charge to trunk infrastructure networks 17
10.4 Schedule of Council Adopted Infrastructure Charges (under breakup agreement)18
Part 4 Offset and refund for Council trunk infrastructure.........ccccccsseescesseesessssessesssesseesssesseees 2D
11. INFFASTRC CEOS OFTSOU....0 ccscecnseessrcensseeansensesaessensensuesssensneeuseeusersunswensesuntenneeuastenssenssuevansunwonsoasnnwnieeee
11.1 Purpose 23
11.2 Application of section 23
11.3 Establishment cost for an infrastructure offset 23
11.4 Recalculation of establishment cost for an infrastructure offset 23
12. Refund of an unused infrastructure OffSEt .........ccsesseteseessessenseesneseeeseessorsansseseesseesaeesenseeseeen 2D
12.1 Purpose 25
12.2 Application of section 26
12.3 Payment of a refund 26
13. Conversion Applications .........ccccccceseseceseneceeeeeeeseneeeseneneesnenesssanecssneesesseesensensseseesseseneseesseeeessenees 2O
13.1 Purpose 26
13.2 Application of section 26
13.3 Conversion application process 27
13.4 Notice of decision 27
13.5 Effect of conversion application decision 27
13.6 Criteria for deciding a conversion application 27
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Part 1 Introduction
1. Preliminary
1.1 Short title
The charges resolution may be cited as Noosa Shire Council Charges Resolution (No.7)
2022.
1.2 Planning Legislation
(1) The resolution is made pursuant to section 113 of the Planning Act 2016.
(2) The resolution is to be read in conjunction with the following:
(a) the Planning Regulation 2017;
(b) the local planning instrument.
(3) The resolution is attached to but does not form part of the local planning
instrument.
1.3 Effect
The resolution has effect from 19 August 2022.
1.4 Purpose of the resolution
The purpose of the resolution is to assist with the implementation of the local planning
instrument by stating the following:
(a) an adopted infrastructure charge for determining the levied charge for
funding part of the establishment cost of the following trunk infrastructure
networks:
(i) transport network;
(ii) public parks and land for community facilities network;
(iii) stormwater network;
(iv) water supply network;
(v) sewerage network;
(b) stating other matters relevant to the adopted infrastructure charge.
1.5 Interpretation
(1) _ In this resolution:
adopted charge rate means the charge to be applied for the purpose of
calculating a levied charge as stated in section 8.3 (Council adopted charge rate).
base date means the date being:
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(a) The date for the financial year applying to the adopted charge rates
specified in section 10.4 (Schedule of Council Adopted Infrastructure
Charges (under breakup agreement)).
(b) The date stated in the LGIP for estimates of the establishment costs for
the local government’s trunk infrastructure networks;
(c) The date stated in the Netserve Plan for estimates of the establishment
costs for the distributor-retailer’s trunk infrastructure networks.
bedroom means an area of a building or structure which:
(a) is used, designed or intended for use for sleeping (but excludes a lounge
room, dining room, living room, kitchen, water closet, bathroom, laundry,
garage or plant room); or
(b) other habitable rooms that can be used for sleeping such as a den,
library, study, loft, media or home entertainment room, library, family or
rumpus room or other similar space. (Non-habitable rooms will not be
considered in the calculation of infrastructure charges)
breakup agreement means the agreement between the local government and
the distributor-retailer determining the proportion of the maximum adopted
charges to apply to each entity.
Council means Noosa Shire Council.
court area means the area of premises where the leisure, sport or recreation
activity is conducted and excludes the area of the premises not used for
conducting the leisure, sport or recreation activity, such as areas for spectators,
office or administration, amenities or food and beverages.
credit means the amount to be applied for the purpose of reducing an adopted
infrastructure charge which takes into account the existing usage of the trunk
infrastructure networks by the premises on or in relation to which development is
carried out as calculated in section 8.4 (Credit) and 8.5 (Additional credit for past
contribution or charge).
demand means the deemed usage of the trunk infrastructure networks by the
development on the premises and correlates to the charge rates for the use/s
stated in section 8.3 (Council adopted charge rate) as the designated demand
unit for the purpose of calculating the levied charge stated in section 8.2
(Calculation of Council levied charge). Refer also to the administrative term
“demand unit” in Schedule 4 of the Planning Regulation 2017.
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distributor-retailer means the Northern SEQ Distributor-Retailer Authority
(trading as Unitywater).
food preparation facilities means an area of a room capable of being used for
the preparation of food in a dwelling or in a commercial establishment and
generally includes a bench with a plumbed sink and space for a refrigerator (full
or mini bar size). It may also utilise hardwired or plug-in type appliances.
gross floor area (GFA) has the meaning defined in Schedule 24 of the Planning
Regulation 2017 and The Noosa Plan 2020.
habitable room means any room of a dwelling other than a bathroom, laundry,
toilet, pantry, walk-in wardrobe, corridor, stair, lobby, photographic darkroom,
clothes drying room and other space of a specialised nature occupied neither
frequently nor for extended periods.
impervious area means the area of the premises that is impervious to rainfall.
This includes all roofed, decked, paved, concreted, bitumen or other type of
sealed areas.
Local government infrastructure plan (LGIP) means part of the specified local
government planning scheme as defined in Schedule 2 Dictionary of the Planning
Act 2016.
Local planning instrument means the: The Noosa Plan 2020 or The Noosa
Plan 2006 (superseded) planning scheme.
Netserv plan means the distributor-retailer’s plan and its service about its water
and wastewater networks as required by the South-East Queensland Water
(Distribution and Retail Restructuring) Act 2009.
planned date means the date scheduled for the provision of trunk infrastructure
stated in the schedule of works for trunk infrastructure referenced in the LGIP.
Planning Regulation means the Planning Regulation 2017 made under the
Planning Act 2016.
residential lot means a lot that is located in the Low, Medium and High Density
Residential Zones, Tourist Accommodation Zone, Rural and Rural Residential
Zones.
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suite means a single room or a set of connecting rooms that can operate as a
single occupancy/tenancy for accommodation purposes.
(2) A term defined in the Planning Act 2016 or Planning Regulation 2017 which is used
in the resolution has the meaning given in the Planning Act 2016 or Planning
Regulation 2017.
(3) If a term is not defined in the resolution, Local planning instrument, Planning Act
2016 or the Planning Regulation 2017 the term is to, subject to section 14A
(Interpretation best achieving Act’s purpose) of the Acts Interpretation Act 1954,
have the meaning assigned to it by the edition of the Macquarie Dictionary that is
current at the commencement date.
(4) Development that is “capable of being used” for a particular purpose, will be
assessed for infrastructure charges applicable to the appropriate planning scheme
“use” and/or “administrative” definition.
2. Application of the adopted infrastructure charge
2.1 Purpose
Section 2 states the following:
(a) that Chapter 4 of the Planning Act 2016 has effect in the local
government area;
(b) that the resolution is intended to apply to development in the local
government area;
(c) that the resolution applies to particular development;
(d) the categorisation of uses under an local planning instrument to
development classes and charge categories under Schedule 16 of the
Planning Regulation.
2.2 Effect of the Chapter 4 of the Planning Act 2016 in the local government area
Chapter 4 of the Planning Act 2016 applies to all of the local government area.
2.3 Application of the resolution to the local government area
The resolution applies to all development in the local government area.
2.4 Application to particular development
The Council may levy an infrastructure charge on the following development:
(a) a reconfiguring a lot;
(b) a material change of use of premises;
(c) the carrying out of building work;
(d) other development approval.
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2.5 Categorisation of uses to development classes
(1) A use under the local planning instrument as stated in column 1 of Table 10.3
(Schedule of Council adopted charges) is included within the Schedule 16 of the
Planning Regulation charge category stated in column 2 of Table 10.3 (Schedule
of Council adopted charges).
(2) The Council and the distributor-retailer are to allocate a use not otherwise stated
under subsection (1) to another similar use that the local government or
distributor-retailer decides to apply to the use (refer to Schedule 16 of the
Planning Regulation 2017).
3. Assumptions about future development
3.1 Purpose
Section 3 states the assumptions about the type, scale, location and timing of future
development.
3.2 Development assumptions about future development
(a) the type, scale, location and timing of future development is identified in
the LGIP and/or local planning instrument
(b) development inconsistent with the type, scale, location or timing
identified in the LGIP and/or local planning instrument will be subject to
assessment for conditions for extra trunk infrastructure costs in
accordance with Chapter 4 of the Planning Act 2016.
4. Priority infrastructure area
4.1 Purpose
Section 4 states the priority infrastructure area for the Council.
4.2 Priority infrastructure area
The priority infrastructure area is identified in the LGIP.
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Part 2 Trunk infrastructure networks
5. Trunk infrastructure plans
5.1 Purpose
Section 5 states the trunk infrastructure networks to be funded in part by the levied
infrastructure charge.
5.2 Schedule of works for trunk infrastructure
The trunk infrastructure networks comprise the land and works for trunk infrastructure
detailed in the LGIP and Netserv Plan.
5.3 Trunk infrastructure network systems and items
The trunk infrastructure networks identified in the schedule of works for trunk
infrastructure include the systems and items detailed in the LGIP and Netserv Plan.
5.4 Trunk infrastructure plans
The trunk infrastructure networks identified in the schedule of works for trunk
infrastructure are conceptually identified in the trunk infrastructure plans detailed in the
LGIP and Netserv Plan.
6. Desired standard of service
6.1 Purpose
Section 6 states the desired standard of service which is the standard guiding the delivery
of a trunk infrastructure network.
6.2 Desired standards of service for trunk infrastructure
The desired standard of service for each infrastructure network is detailed in the LGIP and
Netserv Plan.
7. Establishment cost for trunk infrastructure networks
7.1 Purpose
Section 7 states the establishment cost for an identified trunk infrastructure network.
7.2 Establishment cost for a trunk infrastructure network
The establishment cost for the trunk infrastructure networks are detailed in the LGIP and
Netserv Plan.
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Part 3 Levied charge
8. Levied infrastructure charge
8.1 Purpose
Section 8 states the calculation of the infrastructure charge to be levied by the following:
(a) the Council under Chapter 4 of the Planning Act 2016 for the transport,
public parks & land for community facilities and stormwater networks in
accordance with the breakup agreement;
(b) the distributor-retailer under the South-East Queensland Water
(Distribution and Retail Restructuring) Act 2009 for the sewerage and
water supply networks in accordance with the breakup agreement and
Unitywater’s Infrastructure Charges Schedule.
An infrastructure charge applies where the development results in an increase in the
type/s and/or quantity in use/s on the site and therefore places additional demand on trunk
infrastructure. The determination of extra demand on trunk infrastructure correlates
directly to the infrastructure charge calculation undertaken in accordance with section 8.2
(Calculation of Council levied charge) and section 8.3 (Council adopted charge rates) in
compliance with the planning legislation. Refer also to Queensland State Government
Fact Sheet: “Loca! government infrastructure framework, Calculating additional demand
and existing use credits”.
8.2 Calculation of Council levied charge
Infrastructure charges are calculated and levied separately by the Council and distributer-
retailer in accordance with the charges breakup agreement and relevant legislation.
The legislation states: “A levied charge may be only for extra demand placed on trunk
infrastructure that the development will generate.” In this regard, alternative calculation
methodologies may be undertaken according to whether the development approved:
(a) alters the current development and/or use/s lawfully existing on the
premises whereby the calculation needs to consider the new “total”
development approved and deduct the previous lawful development;
or alternatively:
(b) simply only adds to the current development use/s lawfully existing on
the premises whereby the calculation may be simplified to just comprise
the approved additional development quantity and use/s.
(1) An_ infrastructure charge that may be levied for reconfiguring a lot is generally
calculated as follows:
LCrot = (ACroi X Qrot) - C
Where:
LCro. _ is the infrastructure charge levied for reconfiguring a lot.
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ACro._ is the adopted charge rate for reconfiguring a lot stated in section 8.3
(Council adopted charge rate).
Qrot _ is the total no of lots.
Cc is the credit stated in section 8.4 (Credit).
Note:
(a) for residential lot reconfiguration, the adopted infrastructure charge
is apportioned across all networks;
(b) for non-residential lot reconfiguration, the adopted infrastructure
charge apportionment excludes the stormwater charge component.
The stormwater charge will be calculated and issued on a
subsequent material change of use or building work approval when
the impervious area is able to be determined.
(2) An_ infrastructure charge that may be levied for a material change of use or
building work for residential development is generally calculated as follows:
LC = (Sum(ACr X Qr) for each defined use) - C
Where:
LCR is the infrastructure charge that may be levied for a material change of
use or building work for residential development.
ACr is the adopted charge rate for each defined use for a material change of
use or building work for residential development stated in section 8.3
(Council adopted charge rate).
Qr is the residential quantity for each defined use.
Cc is the credit stated in section 8.4 (Credit).
(3) An infrastructure charge that may be levied for a material change of use or
building work for non-residential development is generally calculated as follows:
LC = LCnr+ LCsw
Where:
LC is the infrastructure charge that may be levied for the total development
LCnr= (Sum of (AC4 x Qs) for each defined use) - C4
LCsw= (ACsw X Qsw) — Csw
LCnr _ is the infrastructure charge that may be levied for a material change of
use or building work for non-residential development for the transport,
public parks and land for community facilities networks.
LCsw is the levied charge for a material change of use or building work for
non-residential development for the stormwater network.
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AC, is the adopted charge rate for each defined use for a material change of
use or building work for non-residential development stated in section
8.3 (Council adopted charge rate) for the transport, public parks and
land for community facilities networks.
ACsw _ is the adopted charge rate for a material change of use or building work
for non-residential development stated in section 8.3 (Council adopted
charge rate) for the stormwater network.
Q4 is the non-residential quantity for each defined use.
Qsw is the impervious area of the development.
C4 is the credit stated in section 8.4 (Credit) for the transport, public parks
and land for community facilities networks.
Csw is the credit stated in section 8.4 (Credit) for the stormwater network.
(4) An_ infrastructure charge is only levied if the calculation in sub-sections (1), (2)
and (3) results in an amount greater than $zero (i.e. no refund applies should the
calculated charge result in a negative amount).
8.3 Council adopted charge rate
The adopted charge rate for:
(a) reconfiguring a lot, is the amount stated equivalent to a Residential (3 or
more bedroom dwelling unit) in Table 10.3 (Schedule of Council adopted
charges);
(b) a material change of use or building work for:
(i) residential development, is stated in Table 10.3 (Schedule of
Council adopted charges);
(ii) non-residential development other than special uses, is stated in
Table 10.3 (Schedule of Council adopted charges), which
comprises the following:
(A) the adopted charge rate for the transport, public parks
and land for community facilities networks; and
(B) the adopted charge rate for the stormwater network;
(iii) non-residential development being other uses or development
not otherwise identified in paragraphs (i) or (ii):
(A) the adopted charge rate for the transport, public parks
and land for community facilities networks being the
prescribed amount for another similar use that the local
government decides to apply to the use (refer to
Schedule 16 of the Planning Regulation 2017); and
(B) the adopted charge rate for the stormwater network
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8.4 Credit
The credit for the premises is an amount which is the greater of the following:
(a) the development use & quantity of development of an adopted
infrastructure charge previously paid for the development of the
premises;
(b) where the premises is subject to an existing lawful use or previous lawful
use no longer taking place for:
(i) residential development, the amount stated for an adopted
charge in Table 10.3 (Schedule of Council adopted charges) for
the lawful use;
(ii) non-residential development other than special uses, the
amount stated for an adopted charge in Table 10.3 (Schedule
of Council adopted charges) for the lawful use;
(iii) non-residential development being other uses or development
not otherwise identified in paragraphs (i) or (ii), the prescribed
amount for another similar use that the local government
decides to apply to the use (refer to Schedule 16 of the
Planning Regulation 2017).
The onus remains with the applicant to provide full details and evidence
as to the extent and lawfulness of any claim for a credit for a previous
use no longer taking place.
(c) where the premises is not subject to an existing or previous lawful use:
(i) for residential development, the amount applicable for a
residential lot stated for Residential (3 or more bedroom
dwelling unit) in Table 10.3 (Schedule of Council adopted
charges) applicable to a single residential lot provided the lot is
capable of having a dwelling house built on the lot in compliance
with the planning scheme requirements;
(ii) for non-residential development, no credit applies.
8.5 Additional credit for past contribution or charge
For a past contribution and or charge relating to “current” trunk infrastructure that has
been paid for a particular trunk network under a previous charging regime that exceeds
the credit applied under section 8.4 (Credit), an “additional credit” against the adopted
charge for the particular network will be recognised. The amount of the credit will be
determined by converting the previous payment to an equivalent adopted charge as
determined by Council and only relates to the amount over and above the standard credit
applied under section 8.4 (credit).
The amount of the credit will not be more than the adopted charge amount apportioned for
that network. The onus remains with the applicant to provide full details and evidence of
any payments of contributions and or charges under a previous charging regime.
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9. Administration of levied charge
9.1 Purpose
Section 9 states how an infrastructure charge levied by the Council is to be administered.
9.2 Subsidy for a levied charge
The Council's policy statement in respect of a subsidy for a levied infrastructure charge is
stated in Council Policy Document - Infrastructure Charges Rebates for Community
Organisations in effect at the time of levying the infrastructure charge.
9.3 Time of payment of a levied charge
A levied infrastructure charge is payable in accordance with the Planning Act 2016 at the
following time:
(a) if the charge applies to reconfiguring a lot — when the Council approves
the plan for the reconfiguration that, under the Land Title Act, is required
to be given to Council for approval; or
(b) if the charge applies to building work — the sooner of: when the
certificate of classification or final inspection certificate for the building
work is given under the Building Act or prior to occupancy; or
(c) if the charge applies to a material change of use — when the change
happens; or
(d) if the charge applies for other development, on the day stated in the
infrastructure charges notice under which the charge is levied.
9.4 Alternatives to paying a levied charge
The Council may give consideration to entering into an infrastructure agreement involving
an alternative to the way a payment is to be made or an infrastructure contribution
provided in a form other than paying an infrastructure charge.
9.5 Automatic increase provision of levied charge
The levied infrastructure charge is subject to an automatic increase provision (indexation)
as permitted under the legislation. The automatic increase provision is applied as follows:
(1) The infrastructure charge is first calculated using the adopted charge rates at the
base date and indexed to the Financial Year current at the time of issue of the
infrastructure charge notice;
(2) The issued infrastructure charge is subject to further indexation from the date of
issue until the date of payment.
(3) Indexation is applied annually per Financial Year using variations applicable to
the “maximum amount” possible to be issued under the Planning Regulation
2017 as amended in accordance with the legislation from the stipulated base
date to the time of issue and payment.
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9.6 Infrastructure charges taken to be a rate
A levied charge is, for the purpose of its recovery, taken to be rates of the local
government that levied the charge. Within the meaning of the Local Government Act,
this means:
(a) an infrastructure charge may be recovered by court action for a debt;
(b) an infrastructure charge may be recovered from the person for the
time being owning the relevant land, regardless of who was the owner
or other person upon whom the charges was imposed;
(c) Interest is payable on overdue payments; and
(d) If charges are unpaid for 3 years, the land can be sold to recover the
outstanding charges.
9.7 Interest on overdue charges
Compound interest calculated daily at the rate stated in “Council’s Revenue Statement”
is payable on all overdue infrastructure charges outstanding after the due date for
payment stated in the charges notice.
9.8 Goods and services tax
The federal government has determined that rates and utility charges levied by local
government will be GST free. Accordingly, no GST is included in infrastructure
charges.
10. Allocation of adopted infrastructure charge (breakup
agreement)
10.1 Purpose
Section 10 states how the adopted infrastructure charge of the Council and the distributor-
retailer is to be allocated in accordance with the breakup agreement.
10.2 Allocation of adopted infrastructure charge to the Council and the distributor-
retailer (breakup agreement)
(1) The proportion of an adopted infrastructure charge to be allocated to the Council
and the distributor-retailer is stated in Table 10.1 (Allocation of adopted
infrastructure charge (breakup agreement) to the Council and the distributor-
retailer). For non-residential development, this proportion of the adopted charge
excludes the stormwater network which is calculated separately and allocated
100% to Council.
(2) The levied charge is calculated and issued separately by the Council and
distributor-retailer as applying to their respective infrastructure networks in
accordance with the breakup agreement.
(3) Where development is not connected to the water and sewerage networks, the
levied charge issued by distributor-retailer is reduced as determined by the
distributor-retailer.
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Table 10.1 Apportionment of adopted infrastructure charge (breakup agreement) to the Council and the Distributor-
Retailer (Unitywater)
Column 1 Column 2 Column 3 Column 4
Local planning | Planning *Apportionment of adopted infrastructure charge for Non-Residential Development Apportionment of adopted infrastructure
instrument areas charge for.
a) Residential development; and
Retail, Commercial and Entertainment Uses
(Retail, Office, Bulk Goods, Showroom, Industry Uses b) *Non-Residential development not
Entertainment) otherwise specified in Column 3
Distributor-Retailer a Distributor-Retailer Distributor-Retailer
Noosa e Council (Unitywater) Noosa — Council (Unitywater) Noosa ie Council (Uni ter)
(%) (%) (%)
All Areas in
Note:
* For Non-Residential development, the adopted infrastructure charge apportionment excludes stormwater which is calculated and allocated separately 100%
to Council
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10.3 Allocation of levied charge to trunk infrastructure networks
Infrastructure charges are provided for provision of trunk infrastructure in accordance with
the breakup agreement for:
(a) distributor-retailer trunk infrastructure, in accordance with Unitywater’s
Netserv Plan and Infrastructure Charges Schedule as determined by
Unitywater.
(b) Council trunk infrastructure, in accordance with Councils LGIP and
generally with Table 10.2 (Allocation of Council levied charge to trunk
infrastructure networks). The final allocation and spending of
infrastructure charges collected for trunk infrastructure will be
determined and administered by Council’s Finance Department.
Table 10.2 Allocation of Council levied charge to trunk infrastructure networks
Column 1 Column 2
Infrastructure charge Allocation of Council infrastructure
charge to trunk infrastructure networks
Transport | Public parks | *Stormwater
(%) and land for (%)
community
facilities
(%)
Infrastructure charge for
Residential development:
(a) reconfiguring a lot; or
(b) a material change of use; 48 a ag
or
(c) building work
Infrastructure charge for
Non-Residential 400 Nil =A
development :
(a) reconfiguring a lot
Infrastructure charge for
Non-Residential
development for: Calnulaton
(b) a material chan e of use; 100 Ml Separately
- a 100%
(c) building work
Note:
* The Non-Residential Stormwater charge is normally unable to be calculated on a reconfiguration of a lot
approval. This charge will therefore be calculated and applied on subsequent development permits for
material change of use or building work when the impervious area is able to be determined.
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10.4 Schedule of Council Adopted Infrastructure Charges (under breakup agreement)
Table 10.3 (Schedule of Council adopted charges) states the development use/s, the planning regulation prescribed amount/s and the
adopted Council charge at the base date of 1 July 2022 for the 2022-2023 Financial Year applying to Council networks in accordance
with the “charges breakup” agreement.
Table 10.3 Schedule of Council adopted charges
Planning Regulation 2017 & - 1
Current at: 1 July 2022 for the 2022-2023 Financial Year
SCHEDULE 16 Prescribed amount APPORTIONMENT Ej SEE rae CEE Ire
PLANNING REGULATION 2017 COUNCIL
(As inserted by the “Planning Legislation (Fee Unit Conversion | (per Charges breakup agreement of a Amount
and Other Amounts) Amendment Regulation 2022”) Prescribed amount) — reduced
Tenubolen to's ormore bedioom dwefing): ane eo / £j {|
for each Residential lot
Reconfiguration of a ‘ot (equivalen Gta.3 ar more betttpom dwelling) ee ee
for each Non-residential lot ‘ ia
iii [ssxomoo] om [sxsw |
1 Dwelling house
2 Dual occugancy $13,320.00
3 Caretaker’s accommodation — Fil or keas bedroom
$6,619.70 : — tohouse | 6700.30 | -50.3%
eee | mf wmf TT
1 Tourist park ssa | om oo ) rt S|
2 Hote! for each cabin or suite with 3. or more bedrooms | $15,539.90 $9,323.94
3 Short-term accommodation
4 Resort complex
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Planning Regulation 2017 & Z e
The Noosa Plan 2020 Current at: 1 July 2022 for the 2022-2023 Financial Year
PLANNING REGULATION 2017 COUNCIL COUNCIL
SCHEDULE 16 Prescribed amount APPORTIONMENT | CHARGE a Pacer nate
{As inserted by the “Planning Legistatian (Fee Unit Conversion (per Charges breakup agreement of < Amount
and Other Amounts) Amendment Regulation 2022”) Prescribed amount} <= reduced
for each relocatable dwe ling site or suite $31,080.00 60% au fC Ci
for 3 or more bedrooms ifReticement
$14,256.34 | i ver demand) $4,391.66 | -23.6%
— PT
i Relocatable homie park $10,183.26 a on -$3,136.74 | -23.5%
2 Community residence for each relocatable dwelling site or suite 50tion acs lower demand)
3 Retirement facility for 2 or ess bedrooms eae ey ee
4 Rooming accommodation $9,067.80 | © -$4,252.20 | -31.9%
flower demand)
sc if Retirement 1 or less bedroom
(lower demand) S| =
as for 1 or fess bedraam
$9,067.80 | i wer demand) -$4,252.20 | -31.9%
for each bedroom that is not part of a suite $22,200.00 60%
$6,619.70 | {f Retirement as for 1 or less $6,700.30 | -50.3%
bedroom (lower demand)
1Club
teeth we for each square metre of gross floor area $77.75 60% $46.65
3 Function facility
4 Funeral parlour
5 Ploce pl worstip a on nau PT
Commercial (bulk goods!
1 Agricultural suaplies store
BBulelandseapesupeles for each square metre of gross floor area $155.40 85% $132.09
3 Garden centre
4 Hardware and trade supolies
5 Gutdoor sales
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Planning Regulation 2017 & es
Listerrtbiel agit tte Current at: 1 July 2022 for the 2022-2023 Financial Year
SCHEDULE 16 Prescribed amount APPORTIONMENT | CHARGE COUNCH INCLUDED REDUCTIONS
(As inserted by the “Pianning Legistatian (Fee Unit Conversion | (per Charges breakup agreement of re Amount
and Other Amounts) Amendment Regulation 2022”) Prescribed amount) = reduced
1 Adu't store
2 Food and drink outlet for each square metre of gross floor area $199.80 85% $169.83
3 Service industry
4 Service station
5 Sop , : : :
eShopaina enti for each square metre impervious to stormwater $11.10 100% $11.10
Commercial (office)
1 Office for each square metre of gross floor area $155.40 85% $132.09
2 Sales office
for each square metre impervious to stormwater $11.10 100% $11.10
1 chideore contre ies ul ermetesraree 5155.40 es ee ee
2. Community care centre
1 Hote! for eaca square metre of gross floor area, other Sones a5 ‘Seas
2 Nightclub entertaiament facility | than areas for providing accommodation
3 Theatre
SHeHAEESEr ee — ome es ee
Indoor sport and recreation
twrotvee en a
than court areas:
a court area
gh impact industry or special indu:
1 High impact industry PEA SneeS EE ore= lial [ om ae LCC
2 Snecial industry
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Planning Regulation 2017 & es
Listerrtbiel agit tte Current at: 1 July 2022 for the 2022-2023 Financial Year
SCHEDULE 16 Prescribed amount APPORTIONMENT | CHARGE COUNCH INCLUDED REDUCTIONS
(As inserted by the “Pianning Legistatian (Fee Unit Conversion | (per Charges breakup agreement of re Amount
and Other Amounts) Amendment Regulation 2022”) Prescribed amount) = reduced
1 Low impact industry
RA EEE for each square metve of gross floor area $55.50 $35.52
3 Research and technology industry
4 Rural industry
5 Warehouse
1 Cult'vating, in a confined area,
aquatic
animals o- alants for sale
2 Intensive anima| industry for each square metre of gross floor area $22.15, 60% $13.29
3 Intensive horticulture
4 Wholesale nursery
5 Winery
1 Animal husbandry
2 Crogping
3 Permanent plantation ong aoe
4 Wind farm
Aer ney ma ) = Srttc“‘tir,CLCUdC
2 Emergency services for each square metre of gross floor area $155.40 60% aaa a
4 Hospital special needs) (lower demand)
5 Residential care facility
6 Veterinary sevice for each square metre impervious to stormwater $11.10 100% $11.10
1 Advertising device
2Cemetery
3 Home-based business
4 Landing
5 Market
6 Outdoor lighting cad Ll :
7 Park
8 Roadside stall
9 Telecommunications fac'lity
10 Temporary use :
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Planning Regulation 2017 & u =
The Noosa Plan 2020 Current at: 1 July 2022 for the 2022-2023 Financial Year
Po Column Cota 2 Cotman Column
PLANNING REGULATION 2017 COUNCIL COUNCIL eH TION:
SCHED 16 Proctbed mou commen eauen nents
{As inserted by the “Planning Legislation (Fee Unit Conversion (per Charges breakup agreement of Amount
and Other Amounts) Amendment Regulation 2022") Prescribed amount) reduced
TAir service
2 Animal keeping Council has decided the following to be the most similar uses and appropriate rates:
3 Car park 1 Air service = Low-Medium impact industry
4 Crematorium 2 Animal keeping = Animal husbandry or intensive animal husbandry as applicable
5 Extractive industry 3 Car park = Low impact industry
6 Major sport, recreation and 4 Crematorium = Funeral parlour
entertainment facility 5 Extractive industry = High impact industry
7 Motor sport facility The prescribed amount for another similar use listed in column | 6 Major sport, recreation and entertainment facility = Indoor sport and recreation
8 Non-resident workforce 1 {other than in this row) that the local government or 7 Motor sport facility = indoor sport and recreation
accommodation distributor-retailer decides to apply to the use 8 Non-resident workforce accommodation = Short-term accommodation
9 Outdoor sport and recreation 9 Outdoor sport and recreation = indoor sport and recreation
10 Port service 10 Port service = Marine industry
11 Tourist attraction 11 Tourist attraction = Resort complex
12 Utility installation 12 Utility instatiation = Low impact industry
13 Any other use not listed in 13 Any other use not listed in column 1, including a use that is unknown = To be decided at the
column 1, including a use that is time of development approval
unknown
Notes:
(1) Development that is for provision of “trunk” infrastructure is exempt from and not subject to payment of infrastructure charges.
(2) Table 10.3 charges are specified at the base date and are subject to indexation in accordance with clause 9.5 Automatic increase provision of levied charge
(3) Network Reductions:
a) The Stormwater component of the charge is excluded for development located outside the Coastal Area, Cooroy and Pomona PIA service catchments.
b) The Transport component of the charge is reduced by:
© 12% for development located outside the PIA service catchments; and
© 2% for development located inside the Boreen Point, Cooroibah and Kin Kin PIA service catchments.
(4) Reconfiguration of a lot for “Non-residential” development excludes the Stormwater network charge. Stormwater charges will only be calculated and applied
on subsequent development permits for material change of use or building work when the impervious area is able to be determined.
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Part 4 Offset and refund for Council trunk
infrastructure
11. ‘Infrastructure offset
11.1 Purpose
Section 11 states the Council’s policy for calculating the establishment cost for an
infrastructure offset for provision of trunk infrastructure.
11.2 Application of section
Section 11 applies where for a development, the Council has for a trunk infrastructure
network:
(a) requires trunk infrastructure to be provided under a _ necessary
infrastructure condition of a development approval, that services or is
planned to service premises other than the subject premises; and;
(b) a levied infrastructure charge applies to the development.
11.3 Establishment cost for an infrastructure offset
The establishment cost for determining offsets for provision of trunk infrastructure
required in a necessary infrastructure condition shall be the establishment cost
identified in the LGIP or Netserv Plan and indexed to the reference date of the
issued infrastructure charges notice.
11.4 Recalculation of establishment cost for an infrastructure offset
(1) Where a notice is given by an applicant under s. 137 of the Planning Act
requesting a recalculation of the establishment cost for the trunk infrastructure
that is works, the recalculated amount shall be the pre-market estimate of the
work as follows: The pre-market estimate of work for the trunk infrastructure
contribution is the estimate expressed in dollars of the design and construction of
the work:
(a) including the following:
(i) the cost of planning and designing the work;
(ii) the cost of survey and site investigation for the work;
(iii) a cost under a construction contract for the work;
(iv) a portable long service leave payment for a construction
contract;
(v) an insurance premium for the work;
(vi) a Council inspection fee for the commencement and end of the
maintenance period for the work;
(vii) the cost of an approval for the work;
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(b) excluding the following:
(i) a cost of carrying out temporary infrastructure;
(ii) a cost of carrying out other infrastructure which is not part of the
trunk infrastructure contribution;
(iii) a cost of the decommissioning, removal and rehabilitation of
infrastructure identified in paragraphs (i) and (ii);
(iv) a part of the trunk infrastructure contribution provided by the
Council or a person other than the person seeking the
infrastructure offset;
(v) a cost to the extent that GST is payable and an input tax credit
can be claimed for the work.
(c) The applicant:
(i) must undertake a tender process in accordance with the
Council’s Procurement Policy for any work contribution which is
eligible for an Infrastructure Offset under this document;
(ii) must give the Council a Notice which states the claimant’s
calculation of the pre-market estimate, which will include, as
applicable;
A. a copy of the tender advertisement;
B. a copy of each tender received;
C. the claimant’s preferred tenderer;
D. the claimant’s reason for the preferred tenderer;
E. a copy of the proposed Work Contract issued by the
claimant’s preferred tenderer;
F. detailed plans and specifications showing the extent of
the Work Contribution eligible for an Infrastructure
Offset;
G. the claimant’s calculation of the cost providing a Works
Contribution to which an Infrastructure Offset applies;
H. the total of the claimant’s calculation of the Pre-Market
Estimate.
(iii) If the Council agrees with the applicant's Pre-Market Estimate, it
becomes the establishment cost of the infrastructure.
(d) If the Council does not agree with the applicant’s Pre-Market Estimate,
the Council will provide its own alternative Pre-Market Estimate to the
applicant. If the applicant agrees with the Council’s alternative Pre-
Market Estimate, it becomes the establishment cost of the infrastructure.
(e) If agreement cannot be reached on the Pre-Market Estimate, an
independent assessor is to be appointed by agreement between the
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Council and the applicant to determine the estimate. The cost of this
independent assessment is to be equally shared between the local
authority and the applicant and the amended cost estimate determined
by the independent assessor becomes the establishment cost of the
infrastructure.
However, if the Council and the applicant cannot reach agreement on
the appointment of an independent assessor, the establishment cost of
the infrastructure is determined by calculating the average of the
previous two cost estimates prepared on behalf of the applicant and the
Council respectively.
(2) Where a notice is given by an applicant under s. 137 of the Planning Act
requesting a recalculation of the establishment cost for the trunk infrastructure
that is land, the recalculated amount shall be the value estimated for the land
based on the pre-approved and pre-developed state of the land as follows:
a) The applicant, at their own cost, must provide to the Council a valuation
of the specified land undertaken by a certified practicing valuer. If the
Council accepts the valuation, the valuation is the establishment cost of
the infrastructure.
(b) If the Council does not agree with the applicant’s valuation, the Council
will provide its own alternative valuation to the applicant. If the applicant
agrees with the Council’s alternative Pre-Market Estimate, it becomes
the establishment cost of the infrastructure.
(c) If agreement cannot be reached on the valuation, an independent
assessor is to be appointed by agreement between the Council and the
applicant to determine the estimate. The cost of this independent
assessment is to be equally shared between the local authority and the
applicant and the amended valuation estimate determined by the
independent assessor becomes the establishment cost of the
infrastructure.
However, if the Council and the applicant cannot reach agreement on
the appointment of an independent assessor, the establishment cost of
the infrastructure is determined by calculating the average of the
previous two valuation estimates prepared on behalf of the applicant and
the Council respectively.
12. Refund of an unused infrastructure offset
12.1 Purpose
Section 12 states the Council's policy for a refund of an unused infrastructure offset for
provision of trunk infrastructure.
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12.2 Application of section
Section 12 applies where:
(a) the development to which the trunk infrastructure relates has been
lawfully completed;
(b) the trunk infrastructure is planned under this document to service the
development of other premises and has been completed and handed
over to Council;
(c) the amount of the value of an infrastructure offset has not been fully
offset against a levied infrastructure charge to which the trunk
infrastructure relates.
12.3 Payment of a refund
(1) A refund will be paid by Council (as applicable) to the applicant in accordance
with the following:
(a) the refund will not exceed the value of the unused infrastructure offset
and is not subject to indexation;
(b) The amounts and timing of refund payments will be made as follows:
(i) for refund amounts up to $150,000, the payment will occur in the
December quarter in the financial year following completion of the
works and “off-maintenance” handover of the trunk infrastructure to
Council; and
(ii) for remaining refund balance amounts over $150,000 up to
$500,000 the payment will occur in the December quarter in the
second financial year following completion of the works and “off-
maintenance” handover of the trunk infrastructure to Council; and
(iii) for any remaining refund balance amounts over $500,000, the
payment will occur in the December quarter in the third financial
year following completion of the works and “off-maintenance”
handover of the trunk infrastructure to Council.
13. | CONVERSION APPLICATIONS
13.1 Purpose
Section 13 states the Council's criteria for consideration and assessment of applications
to convert non-trunk infrastructure to trunk infrastructure.
13.2 Application of section
(1) This section applies if:
(a) a condition of a development approval requires non-trunk infrastructure
to be provided; and
(b) the construction of the non-trunk infrastructure has not started.
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13.3 Conversion application process
(1) An applicant may apply to the local government to convert non-trunk
infrastructure to trunk infrastructure.
(2) The application must be made in writing within the required period (see clause
139 of the Planning Act).
(3) The local government must, within the required period (see clause 140 of the
Planning Act), decide the conversion application having regard to the criteria for
deciding the application stated in section 13.6.
(4) At any time before deciding the conversion application, the local government may
give a notice to the applicant requiring the applicant to give information that the
local government reasonably needs to make the decision (see clause140 of the
Planning Act for notice requirements).
13.4 Notice of decision
(1) As soon as practicable after deciding the conversion application, the local
government must give the applicant notice of the decision.
(2) If the decision is not to convert non-trunk infrastructure to trunk infrastructure, the
notice must be an information notice about the decision.
(3) If the decision is to convert non-trunk infrastructure to trunk infrastructure, the
written notice must state:
(a) that the infrastructure is trunk infrastructure
(b) if the infrastructure will be conditioned as a necessary infrastructure
condition
(c) if an offset or refund applies
(d) if an offset or refund applies, the details of that offset or refund.
13.5 Effect of conversion application decision
(1) If the local government has decided to convert non-trunk infrastructure to trunk
infrastructure, it may amend the development approval by imposing a necessary
infrastructure condition for the trunk infrastructure.
(2) If a necessary infrastructure condition is imposed, the local government must give
either an infrastructure charges notice or an amended infrastructure charges
notice including details of the offset or refund.
13.6 Criteria for deciding a conversion application
(1) Each of the following criteria must be met for non-trunk infrastructure to be
converted to trunk infrastructure :
(a) the infrastructure services development that is-
(i) | consistent with the assumptions about the type, scale, location or
timing of future development stated in the LGIP; and
(ii) | for premises completely inside the PIA.
(b) construction of the infrastructure has not yet started
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(c) the infrastructure is inconsistent with the requirements for non-trunk
infrastructure stated in clause 145 of the Planning Act.
(d) the infrastructure is owned or will be owned by the local government
(e) the infrastructure is not temporary infrastructure
(f) the infrastructure will be used by other development
(g) the type, capacity and function of the infrastructure is:
(i) | consistent with the trunk infrastructure identified in the local
government's LGIP and the examples of trunk infrastructure
identified for a network in Table 13.1
(il) inconsistent with the examples of non-trunk infrastructure identified
for a network in Table 13.1
(h) the type, size and location of the infrastructure is the most cost effective
option for servicing multiple developments in the area.
(i) the infrastructure could have been planned by the local government
without knowing the detailed layout of lot reconfigurations or the design
details for material change of use applications in the area. That is, the
infrastructure could have been planned during preparation of the LGIP
using only the planned density assumptions stated in the LGIP.
(2) The most cost effective option for trunk infrastructure provision means the least
cost option based upon the life cycle cost of the infrastructure required to service
future urban development in the area at the desired standard of service.
Table 13.1 — Examples of trunk infrastructure and non-trunk infrastructure for Council’s
networks
Infrastructure network | Examples of trunk infrastructure Examples of non-trunk infrastructure
Land and/or works for: Land and/or works for:
e the following stormwater infrastructure e Privately owned stormwater
items which service a minimum of 300 infrastructure (e.g. dams, retention
residential lots or equivalent demand: basins on private property)
o Bio-retention swale e bulk stormwater infrastructure
oc Channel owned by state or state entity
o Culvert e the following stormwater
o Pipe infrastructure items which service
. less than 300 residential lots or
o Revegetation equivalent demand:
o Stormwater quality devices ©. Bio-retention swale
o Retention basin / wetland o Channel
o Detention basin o Culvert
o Pipe
o Revegetation
o Stormwater quality devices
o Retention basin / wetland
o Detention basin
Council Resolution effective 19 August 2022
Page 87 of 103Section 88
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 09 AUGUST 2022
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29
Noosa Shire Council
Charges Resolution (No.7) 2022
Infrastructure network | Examples of trunk infrastructure Examples of non-trunk infrastructure
Transport Land and/or works for: Land and/or works for:
« the following local government roads, | « State controlled roads
including associated intersections, e the following local government
roundabouts, bridges and culverts: roads, including associated
o arterial roads intersections, roundabouts, bridges
© sub-arterial roads and culverts:
oe district collector roads in urban o access streets
areas having a capacity equal to o access roads
or greater than 16,000 vps an o minor collector roads.
Toate a Kis Ge ERURSIEM e standard items associated with the
derniand road profile of a local government
a. . road specified above including kerb
o district collector roads in non- and channelling, lighting, signage,
urban areas having a capacity traffic lights, foot and cycle paths
equal to or greater than 1,000 vpd and basic verge plantings
and servicing a minimum of 100
residential lots or equivalent] * Us stops constructed as part of a
demand local government road specified
: . . above.
e standard items associated with the .
road profile of a local government road | * streetscaping
specified above, including kerb and] e local area traffic management
channelling, lighting, signage, traffic * pedestrian and cycle paths which
lights, foot and cycle paths and basic perform a local neighbourhood
verge plantings function
e pedestrian and cycle paths which
perform a shire wide or district function
e bus stops constructed as part of a
local government road specified above
Public parks and land | Land and/or works that ensure the land is | Land and/or works for:
for community suitable for: ° Privately owned parks
facilities * the following public parks and land for | . National parks
community facilities which service a
minimum of 300 residential lots or | ° State forestry areas
equivalent demand: e Areas within local government
o district recreation park owned parks that allow limited
hi id ti k public access or do not perform a
° s' re wi © recrea ton pan primary park function (eg.
o district sporting park bushland, waterways and
o shire wide sporting park environmental areas)
o local land for community facilities | « Any public park or land for
for the purpose of community community facility which services
halls or centres, public recreation less than 300 residential lots or
centres and public libraries. equivalent demand
e Embellishments necessary to make | Any embellishments for a trunk public
the above specified public parks safe | park which are not specified as
and useable including: examples of trunk infrastructure.
o footpaths and cycle paths
o shade structures
o picnic & play facilities
Council Resolution effective 19 August 2022
Page 88 of 103Section 89
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6. REPORTS FOR NOTING BY THE COMMITTEE
1 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JUNE 2022
Author Development Assessment Manager, Kerri Coyle
Environment and Sustainable Development Department
Index ECM/Subject/ All Applications
Attachments 1. Applications Approved by Delegated Authority June 2022
EXECUTIVE SUMMARY
This report includes a summary of development applications decided under delegation by officers
for June 2022. For the month of June there were 36 applications decided including a range of
Material Change of Use, Reconfiguring a Lot, Operational Works, Building works and applications
for which Council is a referral agency.
RECOMMENDATION
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 9 August 2022 regarding planning applications that have
been decided by delegated authority.
REPORT
The Local Government Act 2009 allows, by resolution, a local government to delegate its powers
to the Mayor, CEO, a standing committee or a joint standing committee and the CEO to delegate
those powers to another employee of Council.
Under the current delegations for the Planning Act 2016 the ability to manage, assess and decide
a range of development applications are delegated to officers, with the exception of the following
which are reported to Council for a decision:
a) an application for a variation request mentioned in section 61 of the Planning Act 2016 to
vary the effect of the planning scheme;
b) the approval of an application where there is substantial non-compliance with a stated policy
of the Council or a high order provision of the Planning Scheme being a desired
environmental outcome, or an overall outcome of a code;
c) the refusal of any application where Council is the assessment manager;
d) requests for change representations, and change applications to change or delete conditions
that were imposed by Council at an Ordinary Meeting or a Special Meeting;
e) and an application for a proposed development of significant community interest.
It should be noted though that due to the strict time frames of the Planning Act 2016, officers under
the current delegations, have the ability to decide an application where the application has the
potential for 'deemed approval'.
In accordance with the current delegations, a wide range of development applications are decided
by Council officers each month, with a limited number of applications reported to Council for a
decision.
Page 89 of 103
Section 90
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 09 AUGUST 2022
Attachment 1 lists applications that are decided by delegated authority during the month of June
2022 (excluding applications seeking to remove a tree(s) adjacent to a building or structure):
Previous Council Consideration
Council receives monthly reports on planning applications that have been decided by delegated
authority.
Finance
Nil.
Risks & Opportunities
Nil.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Nil.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 90 of 103
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Page 91 of 103
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ATTACHMENT 1
Decision Issued Under Delegated Authority
1 Application ID: 51987.3790.03
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Catherine Ann Parry-Moule, Roderick Douglas McLennan
Registered Plan: Lot 17 GTP 2026, GTP 2743,GTP 2026
Location: The Islander Noosa 17/187 Gympie Terrace, Noosaville
Proposal: Change to Development Approval - Redesign of Unit 17 - Catherine Parry-McLennan &
Roderick McLennan - RG Strategic
Decision: Approved
Decision Made Date: 03/06/2022
2 ~~‘ Application ID: 51988.2840.01
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Body Corporate - Parkside Villas CTS 5777
Registered Plan: BUP 9548
Location: Parkside Villas 9 Parkedge Road, Sunshine Beach
Proposal: Change to Development Approval - Relocation of Visitor Carpark- Parkside Villas-
Ned Liesch
Decision: Approved
Decision Made Date: 15/06/2022
3 = Application ID: 51993.1086.02
Application Type: Material Change of Use - Minor Change to Approval
Applicant: BDH Group Investments P/L TTE
Registered Plan: Lot 1 GTP 102061, GTP 102061
Location: Viewland Heights 1/35 Viewland Drive, Noosa Heads
Proposal: Change to Development Approval - Add Suspended Tiled Terrace, Pool & Boundary
Fencing to Unit 1 - BDH Group Investments Pty Ltd - Pure Building Approvals
Decision: Approved
Decision Made Date: 06/06/2022
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4 Application ID: 51995.1534.02
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Hugh Stuart McInnes, Angelique Nadia Sweetman Mcinnes, Body Corporate - Casa Romana
CTS15704
Registered Plan: Lot 5 BUP 104876, BUP 104876
Location: Casa Romana 5/6 Advance Place, Sunrise Beach
Proposal: Change to Development Approval - Add Roofed patio to Unit 5 - Hugh & Angelique McInnes
& Body Corporate - Casa Romana - Fluid Building Approvals
Decision: Approved
Decision Made Date: 21/06/2022
5 Application ID: DBW/20/0041.01
Application Type: Building Works - Minor Change to Approval
Applicant: Robert Scott Davern, Kelli Ann Davern
Registered Plan: Lot 322 MCH 4379
Location: 31 Tablelands Road, Cooran
Proposal: Change to Development Approval - Raise Dwelling, Move Stairs & New Roof (Additions
to Dwelling House (Biodiversity) - Robert & Kelli Davern
Decision: Approved
Decision Made Date: 01/06/2022
6 = Application ID: DBW/22/0004
Application Type: Building Works - Code
Applicant: Jeffrey David Sly, Tanya Sly
Registered Plan: Lot 1 RP 862849
Location: 730 Mckinnon Drive, Cooroibah
Proposal: Secondary Dwelling in Biodiversity - Tanya & Jeff Sly - Fluid Building Approvals
Decision: Approved
Decision Made Date: 06/06/2022
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7 Application ID: DBW22/0035
Application Type: Building Works - Code
Applicant: Project BA
Registered Plan: Lot 1 RP 190261
Location: 79 Skyring Creek Road, Federal
Proposal: Shed in Riparian Buffer Zone - Project BA
Decision: Approved
Decision Made Date: 29/06/2022
8 ApplicationID. DBW22005
Application Type: Building Works - Code
Applicant: Dayne Lawrie Constructions Pty Ltd
Registered Plan: Lot 279 M 111111
Location: 1 Hawthorn Grove, Marcus Beach
Proposal: Dwelling House (Setbacks, Garage Width, Eaves) - Dayne Lawrie Constructions -
Danya Cook Town Planning
Decision: Approved
Decision Made Date: 24/06/2022
9 Application ID: DBW22/0052
Application Type: Building Works - Code
Applicant: Leigh Steven Pleydell
Registered Plan: Lot 2RP 217625
Location: 56 Smiths Road, Tinbeerwah
Proposal: Additions to Dwelling House (Biodiversity) - Leigh Pleydell - Adapt Planning &
Development Management
Decision: Approved
Decision Made Date: 29/06/2022
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10 Application ID: DBW22/0069
Application Type: Building Works - Code
Applicant: Nathanael John Tathem Forrest, Ashlea Lana Forrest
Registered Plan: Lot 2 SP 275872
Location: 19 Alexandra Street, Cooran
Proposal: Pool in Riparian Buffer Area - Ashlea & Nathanael Forrest - Simply Town Planning
Decision: Approved
Decision Made Date: 10/06/2022
41 ApplicationID: | DBW22007%6
Application Type: Building Works - Code
Applicant: Signature Outdoor Living
Registered Plan: Lot 22 SP 241367
Location: 43 Booyong Drive, Black Mountain
Proposal: Additions to Dwelling House - Patio in Riparian Buffer - Signature Outdoor Living -
Dynamic Building Approvals
Decision: Approved
Decision Made Date: 21/06/2022
12 Application ID: EXE22/0011
Application Type: Exemption Certificate - Heritage Act Request
Applicant: Dynamic Building Approvals
Registered Plan: Lot 1 RP 99323 & Lot 15 C 5605
Location: 45 Maple Street, Cooroy
Proposal: Exemption Certificate - Replace Roof on Heritage Site - Dynamic Building Approvals
Decision: Approved
Decision Made Date: 07/06/2022
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13 Application ID: EXE22/0012
Application Type: Exemption Certificate - Planning Act Request
Applicant: Project BA
Registered Plan: Lot 5 RP 802272
Location: 315 Old Ceylon Road, Ridgewood
Proposal: Shed to be exempt from Code Assessment for Landslide - Project BA
Decision: Approved
Decision Made Date: 09/06/2022
144 ApplicationID. + «~MCUI4009201 « @ @ «#
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Vicki Jennifer Taylor, Stuart Taylor
Registered Plan: Lot 2 SP 266744
Location: 3 Figbird Court, Lake Macdonald
Proposal: Change to Development Approval - House Location & Landscape Rehabilitation (Detached
House) - Stuart & Vicki Taylor - CadCon Surveying & Town Planning
Decision: Approved
Decision Made Date: 20/06/2022
15 Application ID: MCU15/0109.05
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Kelly Bristow
Registered Plan: Lots 6 & 7 SP 178340, Lot 7 SP 178340, Lot 1202 SP 290692
Location: Parkridge Villas 1202/11 Sedgeland Drive, Noosa Heads
Proposal: Change to Development Approval - Pergola Unit 1202 (Multiple housing Type 4 -
Conventional (44 units) - Kelly Bristrow - JFP Urban Consultants
Decision: Approved
Decision Made Date: 17/06/2022
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16 Application ID: MCU21/0041
Application Type: Material Change of Use - Code
Applicant: Coastal Building Certifications Pty Ltd
Registered Plan: Lot 1 RP 107647
Location: 2 Lakeway Drive, Cooroibah
Proposal: 2 Lakeway Drive Cooroibah - Dwelling House (Biodiversity) - Coastal Building Certification
Decision: Approved
Decision Made Date: 09/06/2022
17 Application ID: MCU21/0157
Application Type: Material Change of Use - Code
Applicant: Ashburton Pastoral Company P/L
Registered Plan: Lot 5 RP 73672
Location: 55 Doonella Street, Tewantin
Proposal: Dual Occupancy - Ashburton Pastoral Company - RG Strategic
Decision: Approved
Decision Made Date: 06/06/2022
148 ApplicationID:. | MCU0I88
Application Type: Material Change of Use - Code
Applicant: Ashburton Pastoral Company P/L TTE
Registered Plan: Lot 4T 16337
Location: 53 Doonella Street, Tewantin
Proposal: Dual Occupancy - Ashburton Pastoral Company - RG Strategic
Decision: Approved
Decision Made Date: 06/06/2022
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19 Application ID: MCU22/0012
Application Type: Material Change of Use - Code
Applicant: Urban Fabrics Developments Pty Ltd
Registered Plan: Lot 106 RP 41223
Location: 27 Hilton Terrace, Tewantin
Proposal: Dual Occupancy - Urban Fabrics Developments Pty Ltd - Martoo Consulting
Decision: Approved
Decision Made Date: 17/06/2022
20 Application ID: MCU22/0016
Application Type: Material Change of Use - Code
Applicant: Ingrid Ann McLeod Hutton, Nicholas James Hutton
Registered Plan: Lot 5 P 9313
Location: 24 Plover Street, Peregian Beach
Proposal: Dwelling House (Coastal Protection) (Storeys, Setbacks & Site Cover) - Ingrid & Nick Hutton -
Adapt Town Planning
Decision:
Decision Made Date: 20/06/2022
21 ApplicationID. | -MCU22008480PW220078s—“‘C;~*~*‘iCS”W”W”W
Application Type: Material Change of Use & Operational Works - Code
Applicant: Shiv Kumar Erigadoo, Rathika Krishnasamy
Registered Plan: Lot 13 RP 226727
Location: 61 Poinciana Avenue, Tewantin
Proposal: Multiple Dwelling (3 units) & Operational Works- Shiv Erigadoo & Rathika
Krishnasamy - Adams + Sparkes Town Planning
Decision: Approved
Decision Made Date: 14/06/2022
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22 Application ID: MCU22/0044
Application Type: Material Change of Use - Code
Applicant: Holly-Anne Alice Fraser, Christopher Keith Fraser
Registered Plan: Lot 21 SP 308933
Location: 16 Pines Road, Cooroy
Proposal: Dwelling House (Agricultural Land & Landslide) - Chris & Holly-Anne Fraser - Innovative
Planning Solutions
Decision: Approved
Decision Made Date: 16/06/2022
23 Application ID. | MCU22004
Application Type: Material Change of Use - Code
Applicant: EarthCert Pty Ltd
Registered Plan: Lot 4 SP 140485
Location: 336 Tomkinsons Road, Cootharaba
Proposal: Dwelling House (Agricultural Land & Landslide) - EarthCert Pty Ltd
Decision: Approved
Decision Made Date: 17/06/2022
24 ApplicationID. «-MCU220064.
Application Type: Material Change of Use - Code
Applicant: Pomona Country Markets
Registered Plan: Lot 358 MCH 5157
Location: Ses Stan Topper Park 21 Reserve Street, Pomona
Proposal: Markets - Pomona Country Markets - Pivotal Perspective Pty Ltd
Decision: Approved
Decision Made Date: 22/06/2022
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25 Application ID: MCU22/0065 & OPW22/0103
Application Type: Material Change of Use & Operational works - Code
Applicant: Gayle Leslyn Carter, The Jetty Specialist
Registered Plan: Lot 222 N 21857
Location: 32 Cooran Court, Noosa Heads
Proposal: Landing & Pontoon - Gary Carter C/- The Jetty Specialist
Decision: Approved
Decision Made Date: 06/06/2022
26 Application ID: MCU22/0070 & OPW22/0116
Application Type: Material Change of Use & Operational Works - Code
Applicant: Malcolm John MacLennan
Registered Plan: Lot 99 N 21846
Location: 21 Witta Circle, Noosa Heads
Proposal: Landing & Jetty - Malcolm Maclennan C/- The Jetty Specialist
Decision: Approved
Decision Made Date: 08/06/2022
27 Application ID. |“ MCU22085&0PW220189.°~C*C“‘<;2 *#*@S*“‘“‘“‘iéSOOSO*S”SS
Application Type: Material Change of Use & Operational Works — Code
Applicant: Pontoon Works
Registered Plan: Lot 290 RP 856192
Location: 65 The Peninsula, Noosaville
Proposal: Landing & Jetty — Pontoon Works
Decision: Approved
Decision Made Date: 06/06/2022
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