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2014-06-17 Planning & Organisation Committee Agenda
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AGENDA
Planning & Organisation
Committee Meeting
Tuesday, 17 June 2014
commencing at 1.30pm
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Noel Playford, Joe Jurisevic, Tony Wellington
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Full text of sections 2 to 74 (of 112)
Section 2
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES 3
PRESENTATIONS 3
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS 4
DA Planning 4
1 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
MULTIPLE HOUSING TYPE 4 - CONVENTIONAL AND VISITOR
ACCOMMODATION TYPE 4 - CONVENTIONAL - MCU14/0008 4
2 REPRESENTATIONS IN RELATION TO DEVELOPMENT APPLICATION
MCU13/0069 SITUATED AT SOUND PARK - 90 NOOSA PARADE, NOOSA
HEADS 25
3 HYDROX NOMINEES PTY LTD - PLANNING & ENVIRONMENT COURT APPEAL
NO. 1505 OF 2013 33
Strategic Land Use Planning 66
4 CONTRIBUTION IN LIEU OF THE PROVISION OF OFF-STREET PARKING 66
5 COASTAL HAZARD MAPPING 77
6 LAKE MACDONALD RECREATION MANAGEMENT DISCUSSION PAPER 80
CORPORATE SERVICES DEPARTMENT REPORTS 87
Property and Facilities 87
7 ASSESSMENT OF EXPRESSIONS OF INTEREST FOR COMMERCIAL HIGH
USE PERMITS (1314E012) 87
Finance 95
8 FINANCIAL PERFORMANCE - MAY 2014 95
EXECUTIVE OFFICE REPORTS 101
9 NOOSA BIOSPHERE LTD - APPOINTMENT OF MEMBER REPRESENTATIVE 101
10 AMENDMENT TO COUNCILLORS' EXPENSES REIMBURSEMENT POLICY 103
CLOSED SESSION 112
Page 2 of 112
Section 3
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
ATTENDANCE & APOLOGIES
PRESENTATIONS
Nil.
Page 3 of 112
Section 4
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS
(Planning & Development Sections only)
DA Planning
1 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR MULTIPLE
HOUSING TYPE 4 - CONVENTIONAL AND VISITOR ACCOMMODATION TYPE 4 -
CONVENTIONAL - MCU14/0008
DOCUMENT IN FOR MATI ON
Author Planning Technical Officer, Glen Conforti
Planning & Infrastructure Department
Index ECM / Application / MCU14/0008 & Subject / Material Change of Use
Attachments 1. Locality Map
2. Site Plan
3. Perspective
4. Typical Floor Plan
APPLICATION DETAILS
Applicant Adamson Town Planning on behalf of Raphill Pty Ltd
Proposal Development Permit for Material Change of Use – Multiple Housing
Type 4 - Conventional and Visitor Accommodation Type 4 -
Conventional
Properly Made Date 5 February 2014
Information Request Date 20 February 2014
Information Response Date 24 March 2014
Decision Due Date 26 June 2014
Number of Submissions 2 Properly Made and 1 not properly made
PROPERTY DETAILS
Property Address 226 David Low Way, Peregian Beach
RP Description Lot 12 SP 207105
Land Area 1201m²
Existing Use of Land Vacant
Page 4 of 112
Section 5
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Eastern Beaches
Zone Semi-Attached Housing
Overlays No Overlays Applicable
Assessment Type Impact
RECOMMENDATION
That Council note the report by the Planning Technical Officer regarding Application No.
MCU14/0008 for a Development Permit for a Material Change of Use for Multiple Housing Type 4
– Conventional and Visitor Accommodation Type 4 – Conventional situated at 226 David Low
Way, Peregian Beach 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 authorised by this approval must be undertaken generally in
accordance with the Approved Plans listed below, unless otherwise amended by the
conditions of approval.
Plan No. Rev. Plan Name, prepared by Date
A.01.1 K Site Plan, prepared by Hinton Steel Frames 20-03-14
A.01.2 G Renders, prepared by Hinton Steel Frames 20-03-14
A.01.3 G Renders, prepared by Hinton Steel Frames 20-03-14
Units 1, 2 & 3
Perspectives - Units 1, 2,& 3, prepared by Hinton N.D
Steel Frames
A.01.2 H Ground Floor, prepared by Hinton Steel Frames 20-03-14
A.01.3 H First Floor, prepared by Hinton Steel Frames 20-03-14
A.01.4 H Elevations, prepared by Hinton Steel Frames 20-03-14
A.01.5 H Elevations, prepared by Hinton Steel Frames 20-03-14
Page 5 of 112
Section 6
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Units 4 & 5
Perspectives - Units 4 & 5, prepared by Hinton Steel N.D
Frames
A.01.2 I Ground Floor, prepared by Hinton Steel Frames 20-03-14
A.01.3 I First Floor (annotated), prepared by Hinton Steel 20-03-14
Frames
A.01.4 I Elevations, prepared by Hinton Steel Frames 20-03-14
A.01.5 I Elevations, prepared by Hinton Steel Frames 20-03-14
Units 6 & 7
Perspectives - Units 6 & 7, prepared by Hinton Steel N.D
Frames
A.01.2 H Ground Floor, prepared by Hinton Steel Frames 20-03-14
A.01.3 H First Floor, prepared by Hinton Steel Frames 20-03-14
A.01.4 H Elevations, prepared by Hinton Steel Frames 20-03-14
A.01.5 H Elevations, prepared by Hinton Steel Frames 20-03-14
Units 8 & 9
Perspectives - Units 8 & 9, prepared by Hinton Steel N.D
Frames
A.01.2 J Ground Floor, prepared by Hinton Steel Frames 20-03-14
A.01.3 J First Floor, prepared by Hinton Steel Frames 20-03-14
A.01.4 J Elevations, prepared by Hinton Steel Frames 20-03-14
A.01.5 J Elevations, prepared by Hinton Steel Frames 20-03-14
Building Height
3. The maximum height of the development must not exceed 8 metres above the
finished ground level and the natural ground surface and 2 storeys.
4. Certification must be submitted to Council from a Licensed Surveyor which certifies
that the buildings do not exceed the maximum height requirement of this Decision
Notice.
Performance Bond
5. 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, prior to the issue of a Development Permit for Operational Works The cash
bond or trading bank guarantee will be returned on performance of the conditions of
approval less any costs incurred by Council in respect of enforcing performance of
this permit. Council reserves the right to call upon the bond or guaranteed sum to
effect compliance with conditions.
Page 6 of 112
Section 7
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Street Identification
6. The street address of the development must be clearly visible and discernible from
the primary frontage of the site by the provision of a street number and, where
appropriate, the building name.
Building Appearance
7. All air conditioning units or other mechanical equipment must be located at ground
level, or otherwise fully enclosed or screened such that they are not visible from the
street frontages nor adjoining properties.
8. All deck and balcony areas above ground floor must not be enclosed by permanent
fixtures such as shutters, louvres, glass panelling or the like.
Internal design
9. Each unit must have a maximum of 1 bedroom. In this regard the wall between the
kitchen and the adjoining room (containing the WC) must remain at half height.
Fencing and Walls
10. Any street fencing must be set back an average of 1 metre from the front property
boundary. Any fencing on the front boundary must either:
(a) not exceed a maximum height of 1.2m except for the block fence to the east
and north sides of the Energex transformer easement
(b) be of open construction.
11. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing and the development from the street.
Clothes Drying and Storage Areas
12. Each dwelling unit must be provided with storage facilities pursuant to the Noosa
Plan and to the satisfaction of Council. In this regard, an amended plan must be
submitted as part of the operational works application.
Community Management Statement
13. Any proposed Community Management Statement required for the development
pursuant to the Body Corporate and Community Management Act 1997 must be
submitted to Council for endorsement at the same time as submission of the Building
Format Plan (or similar) to Council for compliance assessment.
Landscaping Works
14. The development site must be landscaped*. The works must be undertaken in
accordance with an Operational Works approval and Planning Scheme Policy PSP 3
Landscaping Plants and Guidelines and must include in particular:
(a) to the north of the driveway, a minimum of a 1 metre wide landscaped garden
must be provided along the front boundary within the site excluding the
bioretention basin. This may narrow only at the south end of the visitor parking
space.
(b) to the south of the driveway, the area between the stepped screen wall and the
front boundary and the footpath must be densely landscaped and must include
2 x 45 litre tall plantings appropriately placed to screen units 8 and 9.
(c) landscaping must be provided for the full length of the side and rear
boundaries. The landscaping must incorporate a combination of tall and
understorey plantings and must include;
Page 7 of 112
Section 8
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
(i) a minimum of 4 x 45 litre suitable tall trees provided to the eastern
boundary to the rear of each of units 4 (planted outside of the easement),
5, 6, and 7
(ii) dense screening to the southern boundary
(iii) 2 x 45 litre trees to the southern end of the driveway between units 7 and
9
(d) a landscaped garden must be provided for the full length of unit 8 northern
elevation and must be as wide as practicable to ensure vehicle turning can be
achieved
(e) a minimum of a 0.6m wide landscaped garden must be provided for the full
length of unit 3 eastern elevation adjacent to the visitor parking space
(f) provision of 3 x 45 litre street trees within the road reserve. In this regard 1 tree
must be located to the south side of the driveway and 2 trees to the north of the
driveway.
*(Refer to Advisory Note)
15. All landscape works must be established and maintained in accordance with
horticultural best practice with construction techniques and irrigation that allow for
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.
16. All landscape works must be maintained generally in accordance with the approved
design for the life of the development.
ENGINEERING
External Works
17. David Low Way must be upgraded for the length of its frontage to the subject site.
The works must be undertaken in accordance with an Operational Works approval
and must include in particular:
(a) construction of a pedestrian footpath in accordance with the conditions of this
Decision Notice
(b) reinstatement of the footpath and verge area to match the balance of the site
frontage, including the provision of topsoil and turf where the existing verge is
disturbed.
Site Access and Driveways
18. A sealed access driveway must be provided from David Low Way to all parking and
maneuvering areas of the development. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
(a) a driveway crossover in accordance with IPWEAQ standard drawing SEQ R-
051
(b) suitable safety measures, including warning signage, to improve driver
awareness of pedestrians and enhance pedestrian safety
19. The internal driveway must be designed and constructed with widths, crossfalls and
gradients in accordance with Australian Standard AS/NZS 2890.1:2004 - Parking
Facilities.
Page 8 of 112
Section 9
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Car Parking
20. A minimum of 12 car parking spaces must be provided and marked on the site. The
works must be undertaken in accordance with an Operational Works approval and
must include in particular:
(a) 3 visitor parking spaces within the total, which are clearly marked for that
purpose and accessible at all times for visitor use
(b) crossfalls and gradients in accordance with Australian Standard AS/NZS
2890.1:2004 - Parking Facilities
(c) garages, including door openings, in accordance with section 5.4 of Australian
Standard AS/NZS 2890.1:2004 - Parking Facilities
Pedestrian
21. Pedestrian facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in
particular a 2 metre wide concrete footpath within the road verge for the entire length
of the site’s frontage to David Low Way.
Stormwater Drainage
22. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be:
(a) generally in accordance with drawing number 17011-SW1 B prepared by SCG
Consulting Engineers
(b) undertaken in accordance with an Operational Works approval.
Electricity and Telecommunication Services
23. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
24. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and
all applicable legislation at the time of construction.
Earthworks and Retaining Walls
25. All fill and associated batters must be undertaken in accordance with an Operational
Works approval, and contained entirely within the subject site unless written
permission from the respective landowner(s) is provided to Council.
Damage to Services and Assets
26. 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.
Page 9 of 112
Section 10
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
ENVIRONMENT
Waste Storage
27. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy 9, Waste Management, including an external imperviously
paved area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighboring properties.
28. A bin wash area is required with a cold-water tap, hose and drain outlet connected to
sewer, via a bucket trap. The drain outlet must be designed to prevent storm water
entry to the sewerage system which can be achieved by a bunded area, with a nib
wall height of 100mm maximum, enclosing a wash area of 700mm x 700mm
minimum (max 0.7m²). Alternatively the waste area can be roofed, or any other
appropriate design approved by council that would prevent storm water entry to the
sewer.
Noise
29. 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 and Refrigeration
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable = background + 3dB(A)
(b) Pumps
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
Assessment and certification is required immediately after installation of the
equipment and prior to any occupation of the building. All equipment should be
operating at the same time to test the overall noise level created, with the
measurement location at either the residential boundary or outside the most exposed
part of an affected building - whichever is the closest to the plant/equipment.
30. The certification must be submitted to Council, which certifies that operational noise
from any fixed plant and equipment complies with the requirements of this Decision
Notice.
UNITYWATER
31. Reticulated water supply and sewerage must be provided to the development.
32. Construction activities must not impede the access of Unitywater or Fire Brigade
personnel to vital infrastructure (eg. valves, fire hydrants and sewer access
chambers).
33. The fire-fighting demand on Unitywater’s water supply system from the development
must not exceed 15 litres per second.
34. The existing 150mm diameter asbestos concrete watermain in David Low Way must
be replaced for the full frontage of the development site with DICL pipes. The
replacement works must be completed prior to placing construction materials/site
offices over or adjacent to the water main alignment.
Page 10 of 112
Section 11
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
35. A single Unitywater installed primary water meter must be provided immediately
inside the property boundary. Additional water meters must be installed for each title
of a community title or sub-lease scheme. Meters must be Unitywater approved,
installed in accordance with Unitywater requirements and remain accessible at all
times for reading and maintenance purposes.
36. Water meters must be located on alternative boundaries to electrical pillars.
37. Buildings and other structures must maintain a minimum clearance of 1.5 meters
from Unitywater sewer mains, and 1.0 meter from a sewer manhole chamber or
sewer inspection opening.
38. The level of the existing sewer manholes must be adjusted to suit the proposed
finished surface levels. Work must be undertaken by Unitywater at the applicant’s
cost or by the applicant’s private contractors following submission to Council of an
Operational Works application and approval of the application.
39. Easements of between 3 and 10 metres must be provided over all Unitywater sewers
located within property boundaries in accordance with the SEQ standards.
Easements shall be centred over the pipe. Easement terms shall be the most current
registered dealing held by the Department of Natural Resources & Mines and shall
not be altered or amended.
40. Storm water retention systems and gross pollutant traps must maintain a minimum
clearance of 1.5 meters from Unitywater water supply and sewerage infrastructure.
41. Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from
Unitywater water mains and 1.5 metres from Unitywater sewerage mains.
Landscaping plants within these clearances must be low growing when mature, and
suitable approved varieties.
42. Construction works undertaken in the vicinity of Unitywater water supply or sewerage
infrastructure must not adversely affect the integrity of the infrastructure. All costs
associated with repair, replacement or alteration of infrastructure must be met by the
applicant.
ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not
form part of the assessment manager conditions:
Development Compliance Inspection
1. Prior to the commencement of the use, please contact Council's Development Audit
& Response Unit to arrange a Development Compliance Inspection.
Infrastructure Charges
2. This Development Permit will trigger an “Adopted Infrastructure Charge Notice” (if
applicable) to be issued in accordance with Council’s “Adopted Infrastructure
Charges Resolution” under the State Planning Regulatory Provision (Adopted
Charges) and the Sustainable Planning Act 2009.
Qualified persons – Landscaping
3. For the purpose of preparing a Landscape Plan, a qualified person is considered to
be a landscape architect, landscape designer and/or horticulturist with a minimum of
3 years current experience in the field of landscape design.
Building and Construction Industry (Portable Long Service Leave) Levy
4. The QLeave levy must be paid prior to the issue of a development permit where it is
required. Council will not be able to issue a Decision Notice without receipt of details
that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212
6855.
Page 11 of 112
Section 12
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Co-ordination of Operational Works Assessment
5. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees
will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
6. A preliminary Construction Management Plan must be submitted with the Operational
Works application and must address the following:
(a) traffic management during all aspects of the construction phase including:
(i) a Traffic Management Control Plan in accordance with the Manual of
Uniform Traffic Control Devices (MUTCD) detailing all temporary signage
and traffic control measures prior to construction
(ii) maintenance of safe pedestrian access for the areas affected by the
works during and after daily construction has ceased
(iii) proposed fencing to the site during the construction phase of the
development
(iv) provision for worker car parking
(b) maintenance and protection of water quality and existing drainage lines through
the construction site, through the implementation of appropriate erosion and
sediment control measures
(c) works programme identifying key components of the works and their respective
durations
(d) 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, services and other relevant issues
(e) identification of complaint management procedures including:
(i) contact details for the on-site manager
(ii) dispute resolution procedures
(f) it is acknowledged that the preliminary Construction Management Plan will be a
draft document requiring finalisation upon appointment of the Principal
Contractor employed to construct the works and a final document will be
required to be submitted at the Pre-Start Meeting for the project.
Unitywater
7. Connection to Unitywater live water mains and the Unitywater live sewer system must
be undertaken by Unitywater at the applicant’s cost.
8. A 150mm diameter watermain is located within the road boundary fronting the
development site in David Low Way. Construction works, heavy traffic crossing the
main, excessive vibration and excavation close to the main may cause damage to the
pipe. Extreme care is required when working close to this infrastructure. All costs
associated with repair, replacement or alteration of infrastructure must be met by the
applicant.
B. Find the following are sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. The proposed small low cost permanent and visitor accommodation provides housing
diversity ideally located in close proximity to the Peregian Beach neighbourhood
centre and other social infrastructure.
Page 12 of 112
Section 13
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
1. The building design is a well-articulated coastal building style that presents as
domestic scale and integrates well with development in the surrounding area.
2. The development allows sufficient separation between buildings, neighbouring
properties and adequate area for soft landscaping, outdoor recreation and clothes
drying areas.
3. The site has been historically used for visitor accommodation.
REPORT
1. PROPOSAL
The application seeks approval for a Development Permit for a Material Change of Use for
Multiple Housing Type 4 – Conventional and Visitor Accommodation Type 4 – Conventional. In
accordance with the proposed uses, the applicant is seeking the flexibility for the units to be used
for either visitor and/or permanent accommodation. The proposal is for 9 x 1 bedroom units in
four separate buildings. The units are 2 storeys with each unit having a gross floor area of 55m²,
except for unit 4 having a gross floor area of 83m². The typical layout includes the bedroom on
the ground floor and the kitchen and living areas on the first floor. Garaging for 1 vehicle is
provided on the ground floor and 3 visitor spaces are provided elsewhere onsite. The light weight
construction utilises timber, fibre cement, aluminium, glass balustrading and corrugated iron as
external material finishes.
2. SITE DETAILS
2.1. Background
There is a current Development Approval for Visitor Accommodation Type 4 – Motel over the site
which was approved on 30 August 2007. The approval consists of 12 motel units (not self-
contained) and 1 managers unit and has a density of 18.2 persons and a gross floor area of
528m². A 2 year extension to the relevant period (132006.2552.2) was granted on 7 June 2011
that extended the relevant period to 5 October 2013. A further 1 year extension was granted on
24 January 2014 that extended the relevant period to 5 October 2014; therefore this approval
remains current until 5 October 2014.
The subject site and a portion of the neighbouring mixed use development known as the
“Peregian Boardwalk “ were part of the original Peregian Beach motel land.
2.2. Site Description
The site has approximately 31m of frontage to David Low Way. There is no significant vegetation
onsite. The site is generally level with a slight slope from the rear of the site towards David Low
Way.
The lot is an odd trapezoid shape with a truncated north east side boundary and a small change
of direction in the south west corner of the front boundary.
The site contains 2 easements, the first being 4.1m wide for an Energex transformer in the south
west corner and the second being 2.5m wide for sewer along the north east side boundary
truncation.
2.3. Surrounding Land Uses
The surrounding land uses are diverse and comprise a mix of commercial and residential
developments serving both the visitor and resident community. Peregian “Boardwalk” adjoins to
the south and across Heron Street is Peregian village. A multiple dwelling and Pacific Blue
Apartments (visitor accommodation) are located to the north with multiple dwellings and single
residences to the east. A commercial office development, Peregian Bowls Club site, tennis
courts, day care centre are located across David Low Way to the north and the Peregian Hotel
and the Peregian Beach Caravan park site to the south.
Page 13 of 112
Section 14
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. Statutory Instruments – Planning Scheme
The subject site is located in the Eastern Beaches Locality and is zoned Semi-Attached Housing.
The proposed use is identified as Multiple Housing Type 4 – Conventional and Visitor
Accommodation Type 4 – Conventional. The Multiple Housing Type 4 – Conventional is a
consistent use within the zone. However, the Visitor Accommodation Type 4 – Conventional is an
inconsistent use. Both uses are required to follow an impact assessable application process.
While the whole of the planning scheme is applicable, the following codes are most relevant to
the application.
Eastern Beaches Locality Code
Residential Uses Code
Visitor Accommodation Code
Landscaping Code
Engineering Works Codes
The pertinent issues arising out of the assessment are discussed below.
Eastern Beaches Locality Code
The proposed use of Multiple Housing Type 4 – Conventional is a consistent use and raises no
concerns. The Visitor Accommodation Type 4 – Conventional component is an inconsistent use
within the Semi-Attached Housing zone. In particular, Overall Outcomes (c), (f) and (q) are
relevant to the application and are discussed below.
Overall Outcome (c)
“The Eastern Beaches Locality retains its primary role as a residential area, though continues to
provide some visitor accommodation and a range of local retail and commercial functions at
Sunshine Beach, Sunrise Beach and Peregian Beach”;
The site has been historically used for visitor accommodation with the Peregian Beach motel
dating back more than fifty years and a development approval for a 12 unit motel is still current
over the site. The proposal’s permanent use component supports the primary residential
provision of the code and the visitor accommodation component continues to provide what has
been a historical use on the site.
Page 14 of 112
Section 15
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Overall Outcome (f)
“Emphasis is placed on the protection and retention of low cost accommodation consistent with
maintaining a diversity of accommodation types for visitors to the locality”
The small dwelling units (55m²) will contribute to low cost accommodation in Peregian Beach and
increase the diversity of accommodation choices for both visitors and permanent residents alike.
Overall Outcome specific for Peregian Beach (q)ii
“Multiple housing Type 2 Duplex and Visitor Accommodation Type 4 Conventional are located in
close proximity to the Peregian Beach neighbourhood centre shown in the Neighbourhood
Centre Zone”
The site is located approximately 50 metres from the Peregian village centre and 100 metres to
the beach. It is within 200 metres of other social infrastructure such as the Peregian Beach
Community Kindergarten, Peregian Beach Community House, Veggie Village Community
Gardens and the recently approved IGA Shopping Centre. Despite the visitor accommodation
use being inconsistent in the zone, the proposal meets the provisions of the code being for low
cost accommodation in close proximity to the Neighbourhood Centre zone and other recreational
and business services offered in Peregian Beach.
The following tables outline the proposals key development parameters for the site. Provisions
for the Semi-Attached Zone, Multiple Housing Type 4 – Conventional and Visitor Accommodation
Type 4 – Conventional are required for assessment and are outlined in the following table:
Criteria Planning Scheme Planning Scheme Proposal Complies
Multiple Housing Visitor Accommodation.
Population density 12 persons max. 12 persons max. 15.3 X
persons
Plot ratio 480m² max 480m² 523m² X
Site cover 40 % max 40% max. 39.8% %
Landscaping Total Soft
612m² including 367m² (landscaping based 480m² X
on the proposed population density)
367m² (soft landscaping based on the
387m² soft
maximum population density specified by the
planning scheme)
Building Height
in storeys 2 storeys max 2 storeys
in metres 8 metres max 7.6 metres
Carparking 9 covered spaces and 3 visitor spaces (1 12
space per 3 units)
Page 15 of 112
Section 16
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Density
The proposed population density of 15.3 persons does not comply with the maximum of 12
persons for the site. The applicant seeks a density of 15.3 persons suggesting this is a
compromise between the current motel development approval of 18.2 persons and the planning
scheme provision of 12 persons.
Although the Eastern Beaches Locality Code seeks to ensure a diversity of low cost and a mix of
residential development, the planning scheme’s population density matrix does not encourage
development of small 1 bedroom units. For example, options for complying with a density of 12
persons for the site are:
Option 1
3 x 3 bedroom (plus) units and 1 x 1 bedroom = 11.6 persons. The total (minimum) number
of bedrooms = 10 bedrooms plus (because the density of a 3 bedroom unit is 3.3 persons
whether it has 3, 4, or 5 bedrooms/studies or the like).
Option 2
5 x 2 bedroom units = 12 persons. The total number of bedrooms = 10 bedrooms.
Option 3
7 x 1 bedroom units = 11.9 persons. The total number of bedrooms = 7 bedrooms.
Despite the proposal exceeding the population density with a maximum of 9 bedrooms onsite,
should complying options 1 or 2 be proposed, the potential number of bedrooms onsite would be
greater (10 plus bedrooms) than that proposed (9 bedrooms). The applicant expresses that
complying with Option 3 (7 x 1 bedroom units) is not financially viable and options 1 and 2 do not
contribute to low cost visitor or permanent dwelling units in close proximity to the village centre
and the beach; which is a desirable outcome for Peregian Beach.
The Specific Outcome O3 of the Code seeks that density of development within the site area—
“a) is compatible with surrounding development;”
The surrounding development and zoning includes a range of densities from 100 persons per
hectare to 320 persons per hectare. The adjoining “Peregian Boardwalk” zoning permits a
maximum population density of 160 persons per hectare although it is developed for commercial
uses and only 3 x 1 bedroom units. The existing development adjoining to the rear has a density
of 135 persons per hectare and the development adjoining to the north east 125 persons per
hectare. The caravan park site’s zoning permits a density of 320 persons per hectare (for a visitor
hostel). In comparison, the planning scheme’s population density for the subject site is 100
persons per hectare and the proposed developments density is equivalent to 130 persons per
hectare. Given existing and potential densities listed above, the proposal’s density is consistent
with that of surrounding development.
Plot ratio and Site cover
The proposed plot ratio of 523m² or 0.43:1 exceeds the plot ratio provision for Multiple Housing
Type 4 - Conventional being a maximum of 480m² based on the maximum population density
permitted for the site by 40m². The applicant indicates the proposed plot ratio is equivalent to that
of the current motel development approval and is significantly less than that of the adjoining
development.
The Code seeks that site cover, gross floor area and plot ratio for buildings in Peregian Beach:
a) results in a building scale that is compatible with surrounding development;
b) does not present an appearance of excessive bulk to adjacent properties, roads or other
areas in the vicinity of the site;
Page 16 of 112
Section 17
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
c) maximises the retention of existing vegetation and allows for soft landscaping between
buildings;
d) allows for adequate area at ground level for outdoor recreation, entertainment, clothes
drying and other site facilities;
The proposal comprises four separate buildings with between 1.2m and 6.5m separation
between buildings and a building height of 7.7m to the top of the split level skillion roof. This
design results in a domestic scale built form which will not present as bulky to surrounding
properties. The developments site cover at 39.8% complies with the provisions of the code and
indicates the development’s footprint is not excessive and allows for soft landscaping, outdoor
recreation and clothes drying areas. It is also pertinent that the proposal would comply with the
required plot ratio of 0.45:1 were a Multiple Housing Type 2 – Duplex be constructed on the site
and the proposal’s plot ratio of 0.43:1 is considerably less than the adjoining Peregian Boardwalk
development which has a plot ratio of 0.65:1.
Overall, the proposal presents as domestic in scale, is not bulky, complies with the site cover and
building height provisions of the code, and would be compatible and consistent with development
in the surrounding area.
Land Use & Works Provisions
Landscaping
The proposal generally complies with the provisions of the Code except for the total quantity of
landscaping on site. The total quantity of landscaping is determined by the proposed population
density by 40m². The proposal would comply with the total quantity of landscaping if the
proposed density was 12 persons as set out by the planning scheme. However, given the density
of 15.3 persons, the quantity required is equivalent to 51% or 612m² of the site.
The Code also requires that a minimum of 60% of the total landscape open space be soft
landscaping, of which the proposal complies with. Each unit is required to have a minimum of
25m² of private open space and 12m² for units above ground. The proposal meets the private
open space provision; although it is noted that Units 2 and 8 have limited space at ground level.
Given the units are only 55m² and suitable for a maximum of 2 persons, the ground level open
space is considered adequate. Soft landscaping meets the provision of the code and the
developments footprint allows for landscaping to be provided between buildings and the
boundaries to sufficiently provide open space for the residents and softening to the development.
Setbacks
The required setbacks are 6m to the front and rear boundaries and half the building height to side
boundaries for both proposed uses. The Code requires setbacks to allow for landscaping
between buildings and street frontages and to maintain the visual continuity and pattern of
buildings and landscape elements within the street.
The proposed front setback ranges between 4m to 6.1m. The neighbouring “Boardwalk” façade
is setback 4.6m with the posts and roofline setback between 2.8m to 3m with 3 x planter boxes
within the setback for landscaping. To the north, the neighbouring unit’s carports are setback 6m
with visitor car parking between the boundary and one carport. The proposed setbacks are
similar to the adjoining developments and will maintain the visual continuity and landscape
elements to this part of David Low Way.
The proposed southern setback is 0.8m for unit 7 and 1.1m for unit 9. This boundary adjoins the
basement driveway of the “Boardwalk” and does not raise any concerns as there is existing
vegetation and approximately 7m of separation between buildings and sufficient space within the
property to achieve a good screening outcome. A condition could be imposed to ensure dense
screening vegetation along this boundary.
Page 17 of 112
Section 18
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Units 1, 2 and 3 at ground level are setback 2.6m to the wall and the upper floor is setback 1.6
which comply with the code. However, the first floor level’s roof and screening devices are
setback 1.6m rather than the required 2.8m (half the building height). The proposed setback to
the roof and screening devices is unlikely to adversely impact on the amenity of the neighbouring
properties and does not add to building bulk.
The proposed setback to the rear boundary ranges from 5.9m to 6.8m except for a wing wall
encroaching a further 0.4m which does not raise any concerns.
The boundary encroachments are mainly caused by the irregular shaped constrained lot and the
desirable building form of four separate buildings as opposed to one single bulky building. The
buildings are setback sufficient to provide appropriate landscaping, will not result in significant
overshadowing and the articulated building design provides separation from neighbouring
properties, minimising any adverse impacts on the visual and acoustic amenity of neighbouring
properties. The setback areas can be provided with dense landscaping that will buffer the
development from neighbouring properties and present a landscaped streetscape that is
consistent with surrounding development in the area.
4. CONSULTATION
4.1. IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Concurrence
Department of State Development, Infrastructure and Planning
The department is a concurrence agency as the site has potential contaminated land for
unexploded ordinance. The department responded by letter dated 17 March 2014 stating that
there were no requirements.
Energex Limited
Energex is an advice agency as an electricity transformer is located within an easement in the
south west corner of the lot. Energex responded by letter dated 14 March 2014 providing 3
conditions for approval requiring the development to provide a block wall 1.8m high around the
northern and eastern boundaries of the easement and that windows and doors to units 8 and 9
should be double glazed to mitigate operating noise of the existing transformer.
4.2. Other Referrals
The application was forwarded to Unitywater and Council’s Engineering & Environmental
Assessment.
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. Two properly made and 1 not properly made submissions were received. The
following table provides a summary and assessment of the issues raised by submitters.
Issues Comments
Density
The proposal exceeds the density for the site Agree. The proposal exceeds the required 12 persons
for the site. The density is similar to development in the
surrounding area and provides for a diversity of housing
choice that generally benefits the community.
Page 18 of 112
Section 19
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Issues Comments
The proposal is for 9 x 2 bedroom units Disagree. The plans were amended as part of the
information response to ensure the first level “study”
remains open to the kitchen and cannot be used as a
bedroom. It is pertinent to note that 8 of the units are
very small with a gross floor area of only 55m² and 1
unit at 83m². Given their size, the units are only suitable
for a single person or a couple.
Height
It is unclear if the proposal complies with this The proposal has a building height in metres and
provision. storeys (less than 8m and 2 storeys) that complies with
the planning scheme.
Setbacks
The proposal does not achieve the setbacks The proposal does not meet the Probable Solutions of
set out by the Planning scheme. the Code but does comply with the Specific Outcomes,
with the setback variations warranted generally by the
site’s irregular shape and building form of 4 separate
building
Site Cover & Gross Floor Area
The proposal conflicts with these requirements Agree in part. The proposed site cover is 39.8%
and does not provide adequate area for complying with the planning scheme requirement of
landscaping. 40%.
The gross floor area exceeds the planning scheme
requirements but is consistent with surrounding
development.
In regard to landscaping open space it is agreed that 2
of the 9 units have limited private open space at ground
level, but given the size of the units (55m²) this area is
considered adequate.
Bulky Development
The proposal is bulky with 4 separate Disagree. The development provides 2 units in each
buildings. building except for 1 building which has 3 adjoining
units. Given the separation and the individual buildings
the development is of domestic scale and will not
present as bulky to surrounding properties
Flooding & Drainage
The proposal has not demonstrated adjoining A Stormwater Management Plan has been provided
properties will not be affected by drainage. that demonstrates that quality and quantity of
stormwater has been addressed.
Page 19 of 112
Section 20
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
5. CONCLUSION
The visitor accommodation component is an inconsistent use within the Semi-Attached Housing
zone and proposal exceeds the planning scheme provisions for plot ratio, population density and
encroaches into the setbacks. Both the permanent and visitor accommodation are compatible
with other multiple dwellings and the existing social infrastructure and business uses in close
proximity to the site. The four separate buildings present as domestic scale, are articulated, do
not present excessive bulk to neighbouring properties and the footprint allows for adequate
separation and landscaping onsite.
While the plot ratio and population density exceed the planning scheme provisions, the proposal
has a population density less than and a plot ratio equivalent to the current development
approval for a motel over the site.
Despite the conflict with the planning scheme, the proposal is recommended for approval on the
following grounds:
The proposed small low cost permanent and visitor accommodation provides housing
diversity ideally located in close proximity to the Peregian Beach neighbourhood centre and
other social infrastructure.
The building design is a well-articulated coastal building style that presents as domestic
scale and integrates well with development in the surrounding area.
The development allows sufficient separation between buildings, neighbouring properties
and adequate area for soft landscaping, outdoor recreation and clothes drying areas.
The site has been historically used for visitor accommodation.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 20 of 112
Section 21
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
ATTACHMENT 1 – LOCALITY MAP
Page 21 of 112
Section 22
ATTACHMENT 2 –
SITE PLAN
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heer | ~ memes ae bed es pases pee! re)Section 24
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
ATTACHMENT 4 –
Typical floor plan
Ground floor
First floor
Page 24 of 112
Section 25
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
2 REPRESENTATIONS IN RELATION TO DEVELOPMENT APPLICATION MCU13/0069
SITUATED AT SOUND PARK - 90 NOOSA PARADE, NOOSA HEADS
DOCUMENT IN FOR MATI ON
Author Planning Technical Officer, Glen Conforti
Planning & Infrastructure Department
Index ECM/Application/MCU13/0069 & Subject / Material Change of Use
Attachments 1. Locality Map
2. Site Plan
APPLICATION DETAILS
Applicant Ogilvie Bacon Partnership
Proposal Development Permit for Material Change of Use of Premises
Entertaining & Dining Business Type 1 - Food & Beverages (Outdoor
Dining)
Representations Received 21 January 2014
Date
Number of Submissions 14 properly made submissions; and 1 not properly made submission
PROPERTY DETAILS
Property Address Sound Park - 90 Noosa Parade, Noosa Heads
RP Description Lot 32 N 21854
Land Area 3050m²
Existing Use of Land Parkland and Outdoor Dining
STATUTORY DETAILS
SEQRP Designation Urban
Locality Noosa Heads
Zone Open Space Recreation
Assessment Type Impact
Page 25 of 112
Section 26
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
RECOMMENDATION
That Council agree in part to the representations submitted in relation to application
MCU13/0069, situated at Sound Park described as Lot 32 N 21854 situated at 90 Noosa Parade,
Noosa Heads, and issue a Negotiated Decision Notice in accordance with the following:
A. Approve a change to condition 9 to read as follows:
9. The approved use must not operate outside the hours of:
(a) 7am to 10pm Sunday to Thursday
(i) except during the Christmas, Easter and September school holidays
where the use may operate from 7am to 10.30 pm Sunday to Thursday.
The dates for these holidays must be in accordance with the Department
of Education, Training and Employment (Education Queensland) - School
holidays for Queensland state schools.
(b) 7am to 12 midnight Friday and Saturday
The requirements of this condition must be included in any lease agreement for the outdoor
dining areas.
B. Agree to delete condition 10.
REPORT
1. BACKGROUND
A Development Permit for Material Change of Use of Premises (Entertaining & Dining Business
Type 1 - Food & Beverages (Outdoor Dining) was issued on the 16 December 2013. The
application sought to intensify and formalise the existing outdoor dining areas associated with the
adjoining 6 restaurant and shop tenancies that adjoin the parkland (Sound Park).
At the time the application was publicly notified 14 properly made submissions and 1 not properly
made submission were received. The submitters were generally supportive of the outdoor dining
in the park with some concern raised in regard to the noise generated by the use.
The applicant suspended the appeal period on 19 December 2013 and made representations to
the development approval conditions on 21 January 2014 and further information was provided
on 16 April 2014. The representations are detailed below but primarily relate to the hours of
operation.
The following table shows the key details of the approved outdoor dining areas:
Dining area Proposed Associated Existing Improvements in the Park
number Outdoor Dining Lot/restaurant on
indicated on Area in the Park adjoining property
plan
2 24m² Lot 2 – Rock Salt concrete pad (tiled)
low level landscaping dividing
wall
shade structure including clear
roll down café blinds.
3 26m² Lot 3 – currently concrete pad (tiled)
unused low landscaping dividing wall
approval for a shade structure.
4 24m² Lot 4 – currently concrete pad (tiled)
unused approval for a shade structure.
Page 26 of 112
Section 27
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Dining area Proposed Associated Existing Improvements in the Park
number Outdoor Dining Lot/restaurant on
indicated on Area in the Park adjoining property
plan
8 31 m² Lot 8 - Rickys concrete pad (tiled)
Wood Fire Grill low level landscaping wall
incorporated as a seat
shade structure including clear
roll down café blinds.
9 22 m² Lot 9 - Rickys concrete pad (tiled)
Wood Fire Grill approval for a shade structure
10 52 m² Lot 10 Rickys concrete pad (tiled)
shade structure including clear
roll down café blinds.
The total outdoor dining area is 179m² or 5.8% of the total parkland.
Council is Trustee of the Reserve for Park (Sound Park). Various approvals for outdoor dining
have been approved by the Council over many years (dating as far back as 1987) for dining
areas in the Park in accordance with the applicable local law and planning controls at the time
and, most recently under Council policy ‘Commercial Use of Community Land’. Only Lot 8 has
planning approvals issued on 27 January 1987 and 21 July 1987 for outdoor dining (TPC 1774 &
TPC 1916) with a number of other planning applications for outdoor dining refused in the past.
Historically, Local Law outdoor dining permits have been issued for the outdoor dining in the Park
even though no planning approvals were in place.
A noise and ‘private use of public land’ complaint, prompted Sunshine Coast Council to review
the use of the Park for commercial purposes and the associated permanent structures. The
review found that the existing permanent structures and commercial use of the park conflicted
with the reserve purpose under the Land Titles Act 1994 and the Trustee Lease (Councils
Trustee lease over State owned Land) and any current permits were incorrectly issued. To
progress to a resolution, the State agreed for Sunshine Coast Council to enter into an informal
licence agreement with the lot owners to allow trading to continue until a permanent resolution
was in place.
Both the Trustee Lease and the Land Titles Act 1994 include provisions to allow for inconsistent
uses in the Park. The Land Titles Act 1994 requires Ministerial approval and the Trustee Lease
requires the preparation of a Trust Land Management Plan for the Park. Subsequently a Land
Management Plan was prepared by Sunshine Coast Council in 2012 and approved by the
Minister. Upon this development application being approved, the lot owners must enter into a
sub-lease Trustee Lease Agreement with the Noosa Council as Lessors.
The Land Management Plan involved community engagement including a “meet in the park”
event, stakeholder interviews, questionnaires online, and in the library and at the adjacent
convenience store. Questionaries were also sent to local residents and business owners. The
Land Management Plan sets a clear vision to ensure the use of the Park is regulated lawfully
under the Land Titles Act 1994, the Trustee Lease, Council policies and the local planning
instrument. The Land Management Plan includes a Landscape Site Analysis – Functionality
Plan, Connectivity Plan, Concept Plan, intended upgrade and maintenance to the park facilities
and the requirement for a development application for the existing outdoor dining areas to be
lodged.
Page 27 of 112
Section 28
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
2. ASSESSMENT
An assessment in relation to each of the submitted representations is provided below.
Condition 9 – Operating hours
9. The approved use must not operate outside the hours of:
(a) 7am to 10pm Sunday to Thursday
(i) except during the Christmas, Easter and September school holidays where the
use may operate from 7am to 10.30 pm Sunday to Thursday. The dates for
these holidays must be in accordance with the Department of Education,
Training and Employment (Education Queensland) - School holidays for
Queensland state schools.
(b) 7am to 12 midnight Friday and Saturday
The requirements of this condition must be included in the Community Management Statement
for any body corporate for the subject site and/or any lease agreement with site tenancies.
Applicant’s Representation
a) The applicant advises these hours of operation severely impact on the operation of the
businesses and jeopardise the economic viability of the restaurant uses. The applicant
requests the hours of operation be changed to 7am to 12 midnight, 7 days per week and
has provided lengthy reasons in support of these hours. In summary the applicant submits:
Current liquor licence is to 12 midnight, 7 days
Trading 10 years with only 1 noise complaint
Noise report found that external dining in sound park complied with noise limits, with
no noise control measures in place at the closest sensitive receptor
An operator has established direct contact with the permanent resident at the
closest sensitive receptor
Operates a double sitting or rolling bookings which would result in moving patrons
inside the restaurant premises
b) The applicant further seeks to remove reference to the condition to be included in the
Community Management Statement for the site. The applicant’s representation is provided
below.
“The condition is also to be amended to delete reference to the Body Corporate. The applicant
notes that they do not control the Body Corporate and cannot accept a condition which requires
the terms to be included in the Community Management Statement. The applicant’s solicitor
advises that at best they can seek to have the Body Corporate pass a resolution incorporating
the provisions of an agreed Condition 9 in to the lease and the condition is recommended to be
altered accordingly.”
The applicant requests the requirements of this condition be included in any lease agreement
with site tenancies.
Assessment of Representation
a) Hours of Operation
The application is to intensify the outdoor dining use in the Sound Park and to formalise the
current arrangement. Historically, only 3 outdoor dining areas have operated within the parkland,
whereas 6 outdoor dining areas are approved which significantly increases the potential number
of users of these areas.
Page 28 of 112
Section 29
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
The Noise Impact Assessment used 60-80 patrons for their assessment; however, the combined
number of patrons that could potentially use the outdoor dining is up to approximately 149
persons. Accordingly, there is potential for more noise to be generated than addressed in the
Noise Impact Assessment.
It is acknowledged that only 1 noise complaint has been submitted to Council. However, it has
come to Councils attention that noise complaints to other government departments have been
received. While a restaurant operator has direct contact with the permanent affected resident,
visitor/tourist amenity should not be discounted or left unconsidered. The intent of the condition
seeks to protect the amenity of visitors and permanent residents alike.
The condition is also consistent with the planning scheme requirements for many areas of Noosa
where commercial uses are located in close proximity to residential uses and not located in the
principle business centres such as the Noosa Junction and is considered a reasonable balance
between restaurant operators and visitor and resident’s needs. Notwithstanding that Rickys may
have enjoyed extended operating hours to midnight previously, this development approval
permits an intensification of outdoor dining in the park, being for 6 restaurants and given patron
noise from the outdoor dining areas is unable to be satisfactorily mitigated, no change is
recommended to the condition.
b) Community Management Statement
This was an oversight as there is no Community Management Statement for a park owned by the
State and Council as Trustee. It is agreed, this part of the condition be changed to include the
hours of operation in the sub-lease Trustee Lease Agreement with Noosa Council.
Condition 10 – Acoustic Screens
10. Where the approved use operates later than 10pm in accordance with this Decision Notice,
temporary acoustic screens (café blinds or the like) must be erected on the sides of the
dining areas to screen adjacent noise sensitive premises. The acoustic screens must be a
minimum of 2m high and free from any gaps or openings.
Applicant’s Representation
Concerns are raised with erecting the acoustic screens (café blinds) later than 10pm. It is
indicated in the noise assessment that the screens do little in terms of reducing noise as they
have limited acoustic properties. Furthermore, the mandatory use of the acoustic screens
negatively impacts on the operations as it effectively ‘encloses’ the area approved for outdoor
dining and would reduce the ambience of the associated restaurants. This would be particularly
detrimental during hot summer periods. It is requested the condition be deleted.
Assessment of Representation
The outdoor dining is located within a noise sensitive area and it is the intent of the condition to
help reduce/mitigate noise to maintain the amenity of nearby residential uses after 10pm.
However, it is agreed the acoustic screens have limited acoustic properties and are unlikely to
contribute significantly to mitigating patron noise.
Page 29 of 112
Section 30
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 30 of 112
Section 31
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
ATTACHMENT 1 – LOCALITY MAP
Page 31 of 112
Section 32
ATTACHMENT 2 –
Site Plan
, Site Plan
.
—_—-l
Lw-~—-++—--=—--—---—---— 3 rrr SUNSHINE COAST REGIONAL COUNCIL
noo 4 Foundry \ APPROVED
/ Noosa Shores Resort 13/0069 11 DEC 13
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urban designers Poor siaa?aan SUNSHINE COAST REGIONAL sat Peters
+ surveyors Peto MMS coun Proposed Park Oly ArwasSection 33
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
3 HYDROX NOMINEES PTY LTD - PLANNING & ENVIRONMENT COURT APPEAL NO.
1505 OF 2013
DOCUMENT IN FOR MATI ON
Author Manager Planning & Environment, Kerri Coyle
Planning & Infrastructure Department
Index ECM/ Application/ MCU12/0051, Case/ 1505/13 & Subject/ Material Change
of Use
Attachments 1. Locality Plan
2. Proposal Plans
APPLICATION DETAILS
Applicant Hydrox Nominees Pty Ltd
Proposal Development Permit for Material Change of Use of Premises Undefined
Use (Masters Home Improvement Store) & Retail Business Type 4
(Showroom)
Appeal Received 10 May 2013
Number of Submissions 8 Properly Made Submissions
PROPERTY DETAILS
Property Address 2-18 & 20 Hofmann Drive, Noosaville
RP Description Lot 4 SP 246584 & Lot 1 SP 222982
Land Area Lot 4 – 9,952m2 & Lot 1 – 25,810m2 (Total 3.5762ha)
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Shire Business Centre
Assessment Type Impact
Page 33 of 112
Section 34
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
RECOMMENDATION
That Council note the report by the Manager Planning & Environment regarding Planning &
Environment Court Appeal No. 1505 of 2013 and authorise the Chief Executive Officer to finalise
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
2. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed below.
Plan No. Rev. Plan Name Date
2869 DA-00 F Locality Plan, prepared by Leffler Simes Architects 04/06/14
2689 DA-01 A Existing Site Conditions, prepared by Leffler 13/04/12
Simes Architects
2869 DA-03 F Site Plan, prepared by Leffler Simes Architects 04/06/14
2869 DA-04 F Floor Plan, prepared by Leffler Simes Architects 04/06/14
2869 DA-05 E Roof Plan, prepared by Leffler Simes Architects 23/05/14
2869 DA-06 E Elevation, prepared by Leffler Simes 25/07/13
2869 DA-08 F Sections, prepared by Leffler Simes 23/05/14
2869 DA-09 E Easement Plan, prepared by Leffler Simes 23/05/14
2869 DA-11 A Typical Details, prepared by Leffler Simes 26/05/14
2869 DA-12 B Sections with Sight Lines, prepared by Leffler 23/05/14
Simes
2869 DA-020 G Site Plan - Stage 1, prepared by Leffler Simes 04/06/14
Architects
2869 DA-21 B Tenancy Floor Plan and Elevations, prepared by 23/05/14
Leffler Simes Architects
Nature and Extent of Approved Use
3. The ancillary café must not exceed 150m2 of gross floor area.
4. Deleted.
Sunset Clause for Completion of Approved Development
5. The stage 2 Retail Business Type 4 - Showroom development lapses if the use has not
happened by 28 March 2019.
Land Amalgamation
6. All properties the subject of the development must be amalgamated, prior to the
commencement of the use.
Page 34 of 112
Section 35
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Building Height
7. The maximum height of the main part of the Masters Home Improvement building
(comprising the retail, timber and receiving areas) must not exceed 10 metres above
finished ground level.
8. The mechanical plant shall be screened in accordance with the Approved Plans.
9. The maximum height of the garden centre area shall not exceed 9m above finished floor
levels, and shall include a 5 degree pitch as generally indicated on the Approved Plans.
10. Certification must be submitted to Council from a Licensed Surveyor which certifies that
the Masters Home Improvement Store building does not exceed the maximum height
requirement of this Decision Notice.
Performance Bond
11. Security in the form of a cash bond or trading bank guarantee to the sum of $35,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to
the issue of a Development Permit for Operational Works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit. Council reserves
the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Built Form
12. The exterior finishes indicated on the approved plans shall be maintained in the finished
building, and include at minimum the modwood screen panels to the south elevation, PIR
panels with exposed joints, FC sheet cladding, paint finish, groove lines to concrete wall
panels in selected paint finish to those walls on the north.
13. The canopy proposed to the front entrance of the Masters building shall be in accordance
with the Approved Plans, and remain exposed and open as a roof on columns.
14. The electrical transformer shall be located to the rear of the building, as indicated on the
approved plans as ‘Transformer Option 1’.
Signage
15. Any advertising sign or device is to comply with Council's policies on advertising,
alternatively, an application for Operational Works (Signage) is required for any signage
in excess of this requirement.
16. No signage is to be located along the northern elevation of the building facing Eenie
Creek Road.
Fencing
17. Deleted.
Waste Management
18. Refuse storage, removal and collection facilities must be provided in accordance with the
following:
(a) The provision of separate waste bins for general and recyclable waste must be
provided.
(b) The provision of hardstand impervious area for the permanent storage location of
separate waste bins for general and recyclable waste; and
(c) The provision of a purpose built enclosure to the bin store to provide visual and
aesthetic screening from streets and pedestrian pathways.
(d) The provision of a roofed wash-down area/s for the purpose of waste bin cleaning
for all general and recyclable waste bins and fitted with a hose-cock and a drain
connected to the sewer.
Page 35 of 112
Section 36
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
19. The development site must provide for the entry and exit of waste vehicles from the site in
a forward direction and the means, without difficulty to align the vehicle with any waste
container (includes waste compactor equipment) and enable waste collection at any time
scheduled for collection. The means to full-fill this requirement, details must be provided
as part of the application for Operational Works approval and must include in particular:
(a) Demonstration that all waste vehicles entering the site can appropriately
manoeuvre on-site in accordance with the above and can readily align the
collection vehicle with the waste containers, stored within a temporary on-site
storage position to enable waste collection. *(Refer to Advisory Note)
LANDSCAPING
Landscaping Works
20. The development site must be landscaped generally in accordance with the Landscape
Master Plan No. LC-02 Issue D dated 26/5/14, except where amended by these
conditions. The works must be undertaken in accordance with an Operational Works
approval and The Noosa Plan Planning Scheme Policy 3 Landscaping Plants and
Guidelines and must include in particular:
Road frontages and covenant areas
(a) Landscaping treatments to all road frontages to provide screening of the
development.
(b) Restoration and replanting of all covenant areas and the northern road reserve
area adjacent to Eenie Creek Road to provide a visual buffer to the development,
including understorey, mid-story and canopy species in accordance with a
restoration plan submitted for operational works approval.
(i) vegetated screening of northern and eastern boundaries of the site
designed such that 75% of the bulk of the building, including roof form will
be screened within 5 years.
(c) vegetated screening of any electrical transformers, pumps bin storage areas or
ancillary mechanical plant equipment from the car park and road frontages.
Car park area
(d) Provision of 100 litre shade trees of local native species to every 6 car parks.
(e) Deleted.
(f) Provision of dense understorey planting to car park shade tree mulched beds.
(g) Provision of permanent pedestrian cross over strips (i.e. pavement, pavers) to car
park shade tree beds to facilitate pedestrian movement, in order to prevent mulch
compaction in beds.
(h) Provision of root barriers to all car park shade trees adjacent to any storm water
treatment devices to prevent tree root infiltration of storm water media or pipes.
(i) Provision of 12 x 100 litre local native species in the garden beds on the southern
side of the pedestrian shared zone aisle.
(j) removal of all weeds species listed in the following standards and legislation:
(i) declared plants under the Land Protection (Pest and Stock Route
Management) Act 2002 and sub-ordinate Regulation 2003
(ii) Undesirable species as listed in Planning Scheme Policy 3 Landscaping
Plants and Guidelines *(Refer to Advisory Note)
Page 36 of 112
Section 37
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
21. All landscape works must be established and maintained in accordance with horticultural
best practice with construction techniques and irrigation that allow for 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.
22. All landscape works must be maintained generally in accordance with the approved
design for the life of the development.
Treatment of Temporarily Vacant Land
23. Where some or all of the land remains vacant or undeveloped for more than 3 months,
following the commencement of Stage 1, the following works must to be carried out:
(a) the site must be graded (to the same level as the adjoining footpath wherever
practicable) and turfed.
(b) the site must be landscaped with perimeter planting consisting of advanced
specimens of fast growing tree species.
(c) drainage must be provided to prevent ponding.
(d) the site must be maintained so there is no sediment run-off onto adjacent
premises, roads or footpaths.
(e) the site must be maintained to ensure no nuisance to adjacent premises, roads or
footpaths.
(f) where fencing is installed to secure boundaries:
(i) the fencing must be durable and not capable of being pushed or blown
over.
(ii) the fencing type must not detract from local amenity (barbed wire is not
acceptable).
(iii) vandalism must be promptly repaired and any graffiti removed.
Retention of Existing Trees
24. Existing trees in the covenant area and in the road verge must be retained in accordance
with an Arborist Report submitted for operational works for the development prepared by
a qualified person and referenced in a Development Permit for Operational Works.
FAUNA MANAGEMENT
Fauna Management Plan
25. Prior to the commencement of any works over the subject land, a detailed Fauna
Management Plan (FMP) must be lodged and approved by council delegate.
26. The FMP must include the following information:
(a) Staging of the clearing,
(i) areas to be cleared.
(ii) proposed dates for clearing.
(iii) if fauna spotter presence is needed in each and every stage.
(b) The Fauna Spotter is to:
(i) Provide a copy of the QPWS Rehabilitation Permit of the fauna spotter
catcher.
(ii) An assessment of the fauna likely to be impacted,
(iii) Ensure the clearing is conducting in a lawful manner.
Page 37 of 112
Section 38
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
(iv) Contact details of the nearest wildlife animal specialist veterinarian or other
appropriate party to humanely deal with injured wildlife.
(v) Provide comment on the clearing with relation to the provision contained
within SEQ Koala Conservation State Planning Regulatory provisions
Table 7 , column 2, parts 4 -7.
Clearing of Vegetation
27. Prior to the commencement of any works over the subject land, a Vegetation
Management Plan must be lodged with any operational works permit application. The
plan must document the following items:
(a) Vegetation removal, tree felling and lopping must be undertaken in an
environmentally sensitive manner that avoids damaging surrounding vegetation,
trees and habitat.
(b) Cleared vegetation is to be suitably processed by one of the following methods
and removed from the site:-
(i) Processing through a woodchipper or shredder. The resulting mulch is to
be stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5
metres high with a minimum of 10 metres between edges of heaps.
(ii) Disposal for firewood.
(iii) Disposal for landscaping purposes
(iv) Transport to alternative site for breaking down materials provided that all
necessary permits have been obtained to allow the alternate site to be
used for this purpose
(v) Re-use for construction materials
(vi) Environmental weed species (camphor laurel, lantana) cleared from the
site shall not be mulched, with the material to be removed from the site
and disposed of in a Council approved refuse tip.
(vii) Disposal of cleared vegetation by burning or burying is not permitted.
CIVIL ENGINEERING UNIT
Easements
28. Prior to the commencement of use, a 9 metre wide easement for access purposes must
be registered against the title of Lot 1 SP222982 in favour of Lot 2 SP222982 over the
land area along the southern boundary of Lot 1 SP222982.
Site Access and Driveways
29. A sealed access driveway must be provided from Hofmann Drive and the Eenie Creek
Road service road to all parking and manoeuvring areas of the development. The works
must be undertaken in accordance with an Operational Works approval.
Parking
30. A minimum of 246 car parking and 4 motorcycle spaces must be provided and marked
within stage 1, 34 car parking and 2 motorcycle spaces must be provided and marked
within stage 2. The works must be undertaken in accordance with an Operational Works
approval.
31. Motorcycle parking is to be provided in a location close to the entrance of the buildings.
32. 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.
Page 38 of 112
Section 39
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Service Vehicles
33. Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
The works must be undertaken in accordance with an Operational Works approval.
Pedestrian and Bicycle Facilities
34. Pedestrian and bicycle facilities must be provided for the development. The works must
be undertaken in accordance with an Operational Works approval and must include in
particular:
(a) a 2.5 metre wide footpath within the Hofmann Road verge extending from the
existing footpath adjacent to the roundabout at the entrance to the site to the
existing footpath adjacent to the next roundabout to the northeast.
(b) pedestrian pathways extending through the middle of the carpark generally in
accordance with the approved plans.
(c) adequate separation of all specific pedestrian routes from vehicle access and
manoeuvring areas, and clear demarcation by pavement marking, signposts or
changes in surface materials or levels.
(d) signage and lighting at strategic locations to direct people to building entries and
toilet facilities.
(e) pedestrian refuge areas at strategic locations within the carpark to ensure safe
and convenient congregating of pedestrians waiting to cross major access
driveways
(f) a total of 30 bicycle parking spaces for stage 1, and 10 bicycle parking spaces for
stage 2, which are to be located close to the entrance of the building.
(g) end of trip facilities involving 15 lockers, 2 showers and change rooms for stage 1,
and 5 lockers, 1 shower and change rooms for stage 2.
HYDRAULICS & WATER QUALITY
Stormwater Drainage
35. The site must be provided with a stormwater drainage system connecting to a lawful point
of discharge. The works must be undertaken in accordance with an Operational Works
approval and QUDM, and must include in particular:
(a) the works described in section 3 and 5 of the Site Based Stormwater Management
Report listed in this Decision Notice.
(b) collection and discharge* of stormwater to Hoffman Drive.
(c) extension of the site stormwater system to accommodate stormwater from the
external catchment as nominated and shown in section 4 of the site based
stormwater management report.
(d) Design calculations and comments outlining how external stormwater flows will be
managed through the site from the external upstream catchment as proposed in
section 4 of the site based stormwater management plan. Any final design must
include:
(i) a site based drainage system which accepts and conveys existing minor
flows from Eenie Creek Road, Commerce Court and existing industrial
development to the west. Detailed design calculations must be submitted
with a concurrent operational works application which demonstrates no
additional afflux on upstream private and public land.
(ii) a site based drainage system which accepts and conveys external
upstream major flows up to and including the 1% AEP flood event, without
increasing afflux to existing upstream private and public land.
Page 39 of 112
Section 40
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
(iii) analytical justification that demonstrates design flows can enter any
proposed underground drainage system under appropriate blockage
conditions.
(iv) potential effects of flows in excess of the design flow including the
consequences of the Probable Maximum Flood.
(v) allowances made in the design for debris blockages of the inlet.
(vi) potential effects of debris blockages in excess of that allowed for in the
design.
(vii) an easement for drainage purposes to be registered against the title of the
property in favour of Council over the land and drainage system which
conveys external flows through the site. The easement must be granted at
no cost to council.
(e) the use of gravity stormwater drainage and not surcharge pits.
*(Refer to Advisory Note)
Stormwater Quality Management
36. A stormwater quality treatment system must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and the latest
version of the Water Sensitive Urban Design Technical Design Guidelines for South East
Queensland, and must include in particular:
(a) stormwater quality treatment devices of a size and location generally in
accordance with those shown in section 5 of the of the Site Based Stormwater
Management Plan listed in this Decision Notice.
(b) bioretention devices which:
(i) are designed generally in accordance with IPWEQA Standard Drawing No.
WSUD-001.
(ii) incorporate a coarse sediment forebay (in addition to the required filter
media surface area), which is sized in accordance with the latest version of
the Water Sensitive Urban Design Technical Design Guidelines for South
East Queensland and designed generally in accordance with IPWEQA
Standard Drawing No. WSUD-005.
(iii) have safe, unobstructed and all weather access from the road frontage for
maintenance purposes, particularly for the coarse sediment forebay.
(iv) are provided with a high flow bypass to ensure that flows which exceed the
treatment capacity of the device are bypassed in order to avoid damaging
of the filter media or subjecting the filter media to excessive sediment
loads.
(v) are provided with a free-draining outlet from the sub-soil drainage system.
(vi) treat stormwater from all developed catchments (including roof and carpark
catchments) prior to discharge.
37. Permanent educational signage must be erected to educate the customers to the
development about the function of the bioretention device(s). The dimensions, standard,
presentation and location of the educational signage must be in accordance with an
Operational Works approval. *(Refer to Advisory Note)
Page 40 of 112
Section 41
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Vegetated Devices
38. All stormwater quality treatment devices must be maintained in accordance with the
Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The
approved Operational Works drawings for the stormwater quality treatment system and
detailed life cycle costing of the system must be attached as an addendum to this
document. Records of all maintenance activities undertaken must be kept and made
available to Council upon request.
Rainwater Harvesting
39. Operating rainwater collection tanks must be provided for the development. The tanks
must be provided in accordance with an Operational Works approval and must include in
particular:
(a) the details identified in section 5 of the Site Based Stormwater Quality
Management Plan listed in this Decision Notice
(b) a total tank capacity of 50 000 litres
(c) Deleted.
(d) re-use of harvested rainwater for internal non-potable uses and outdoor uses.
40. Certification must be submitted to Council from a qualified person* which certifies that the
rainwater collection tank and associated reticulation have been installed in accordance
with the requirements of this Decision Notice. *(Refer to Advisory Note)
Easements
41. Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property. All easements must be designed in
accordance with the planning scheme and granted at no cost to the Grantee. Where the
Grantee is Council or a service authority, the easement documentation must be in
accordance with the Grantee’s standard easement terms.
42. Draft easement documentation must be submitted to Council for endorsement.
43. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
44. All fill and associated batters must be must be undertaken in accordance with an
Operational Works approval, and contained entirely within the subject site unless written
permission from the respective landowner(s) is provided to Council.
Damage to Services and Assets
45. Any damage caused to existing services and assets above or below the ground must be
repaired:
(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.
(c) 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.
Page 41 of 112
Section 42
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
UNITYWATER
Water and Sewerage
46. The fire-fighting demand on Unitywater’s water supply system from the development must
not exceed 30 litres per second.
47. A single Unitywater installed primary water meter must be provided immediately inside
the property boundary. Additional water meters must be installed for each title of a
community title or sub-lease scheme. Meters must be Unitywater approved, installed in
accordance with Unitywater standards and requirements and remain accessible at all
times for reading and maintenance purposes.
48. Water meters must be located on alternative boundaries to electrical pillars.
49. Buildings and other structures must maintain a minimum clearance of 1.5 metres from
Unitywater sewer mains, and 1.0 metre from sewer manhole chambers and inspection
openings.
50. The applicant must adjust the level of the existing sewerage inspection opening as
necessary to suit the proposed finished levels. Work must be undertaken by Unitywater
at the owner’s cost. Where the existing sewerage inspection opening point is located
within a sealed or concreted area, a brass cap is required to be fitted.
51. Storm water retention systems and gross pollutant traps must maintain a minimum
clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure.
52. Redundant sewer pipes within the development site must be removed or slurry filled.
53. Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from
Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping
plants within these clearances must be low growing when mature and suitable approved
varieties.
54. Construction works undertaken in the vicinity of Unitywater water supply or sewerage
infrastructure must not adversely affect the integrity of the infrastructure. All costs
associated with repair, replacement or alteration of infrastructure must be met by the
applicant.
Advisory Notes
The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
Equitable Access and Facilities
1. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in
addition to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
(a) the Disability Discrimination Act 1992 (Commonwealth);
(b) the Anti-Discrimination Act 1991 (Queensland); and
(c) the Disability (Access to Premises – Buildings) Standards
Page 42 of 112
Section 43
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Aboriginal Cultural Heritage Act 2003
2. There may be a requirement to establish a Cultural Heritage Management Plan and/or
obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person
who carries out an activity must take all reasonable and practicable measures to ensure
the activity does not harm Aboriginal cultural heritage.” It is an offence to fail to comply
with the duty of care. Substantial monetary penalties may apply to individuals or
corporations breaching this duty of care. Injunctions may also be issued by the Land and
Resources Tribunal, and the Minister administering the Act can also issue stop orders for
an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural
heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss
any obligations under the ACH Act.
Unitywater
3. Connection to Unitywater live water mains must be undertaken by Unitywater at the
applicants cost.
4. A Trade Waste permit is required prior to any stormwater, groundwater or sump pump
discharge into Unitywater’s sewerage system.
5. The rising main crossing the north eastern corner of the site is no longer in use. No
diversion is required. Pipework may exist in the ground and will need to be removed or
slurry filled. A redundant gravity sewer pipe may be located within the southern portion of
the site requiring removal or slurry filling.
ENGINEERING
Footpath Connectivity
6. It is advised to enter into discussions with the owner of the Noosa Civic (Lot 3 SP246584),
so as to complete a small portion of footpath adjacent to the office buildings within the
western portion of their site adjoining the small roundabout along Hoffman Drive. This small
section of unfinished pathway within private property, will provide connectivity to both the
Noosa Civic Shopping Centre and the proposed development.
Building and Construction Industry (Portable Long Service Leave) Levy
7. From 1 January 2000, the Building and Construction Industry (Portable Long Service
Leave) Levy must be paid prior to the issue of a development permit where one is required
for the 'Building and Construction Industry'. This applies to Building Works, Operational
Works and Plumbing and Drainage Works applications, as defined under the Sustainable
Planning Act 2009, where the works are $80,000 or more and matching the definition of
'Building and Construction Industry' under the Building and Construction Industry (Portable
Long Service Leave) Act 1991. Council will not be able to issue a Decision Notice without
receipt of details that the Levy has been paid. Should you require clarification in regard to
the amendments to the Building and Construction Industry (Portable Long Service Leave)
Act 1991, you should contact QLeave on 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
8. To assist Council to undertake an integrated assessment of the operational works
application, all aspects of the works must be included in one (1) application and be in
accordance with Council’s planning scheme. Additional application fees apply to
applications where the different aspects of the works are lodged separately. Significant
savings in application fees will result if all works are lodged in a single application.
Page 43 of 112
Section 44
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Preparation of a Preliminary Construction Management Plan
9. The works identified in this Decision Notice will be required to be carried out in accordance
with a Construction Management Plan endorsed by Council through an approval for
Operational Works. To ensure expedient assessment of any Operational Works
application, the applicant is advised to submit a preliminary Construction Management Plan
that addresses the requirements of the planning scheme. In particular, the preliminary
Construction Management Plan should address the following:
(a) traffic management during all aspects of the construction phase including:
(i) a Traffic Management Control Plan in accordance with the Manual of
Uniform Traffic Control Devices (MUTCD) detailing all temporary signage
and traffic control measures prior to construction
(ii) maintenance of safe pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased
(iii) proposed fencing to the site during the construction phase of the
development
(iv) approval of the Traffic Management Control Plan by the Department of
Main Roads (DMR) for any works on State controlled roads
(b) maintenance and protection of water quality and existing drainage lines through
the construction site, through the implementation of appropriate erosion and
sediment control measures
(c) works programme identifying key components of the works and their respective
durations
(d) 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
(e) identification of complaint management procedures including:
(i) contact details for the on-site manager
(ii) dispute resolution procedures
(f) details on the location of external fill sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage. NB any
damage to the existing road system as a result of haulage operations shall be fully
repaired at the applicant’s expense
(g) it is acknowledged that the Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor
employed to construct the works and a final document will be required to be
submitted at the Pre-Start Meeting for the project.
HYDRAULICS AND WATER QUALITY
Qualified Person
10. For the purpose of certifying that the design of the rainwater harvesting system is in
accordance with the requirements of this decision notice, a qualified person is considered
to be a Registered Professional Engineer of Queensland (RPEQ), builder or plumber.
Lawful Point of Discharge
11. The applicant is advised that a lawful point of discharge for the development will need to be
determined and demonstrated as part of a detailed design solution included with the
Operational Works application.
Page 44 of 112
Section 45
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Bioretention Basin Educational Signage
12. Suggested wording for the permanent educational signage required by this Decision Notice
is as follows:
“BIORETENTION BASIN - This bioretention basin reduces the pollution of our waterways
by reducing the amount of heavy metals, litter, suspended solids, and nutrients
discharged to (insert name of receiving waters)”.
Waste Management Operational Phase
13. For the purpose of demonstrating compliance with the waste management condition, the
applicant is requested to contact Council’s Waste Management Branch. The respective
waste collection vehicles (i.e. for collection of 240l wheelie bins, 1100l and greater bulk
bins) and their dimensions will be provided upon standard drawings when requested.
Note: Council’s Waste Contract does not include the supply of waste compactor
equipment. Only the service of a compactor is provided under the contract by Council.
Subsequently the applicant must ensure that any compactor intended for use by the
development can be serviced utilising the Contractor provided Waste Compactor Servicing
Vehicle.
REPORT
1. BACKGROUND
The Sunshine Coast Council refused an application for a Masters Home Improvement Store and
Showroom to be developed on land in the Shire Business Centre on 28 March 2013.
The proposal included a Masters Home Improvement Store and garden centre of 9,822m 2 and a
1,737m2 showroom. The development is to be staged, with the Masters store to form stage 1 and
the showroom to be constructed in stage 2.
The Masters store is a 92m long x 70m wide x 11.5m high building orientated east-west, with a
garden centre located towards the Hofmann Drive entrance to the Shire Business Centre. The
store includes a goods receiving and timber centre accessible via Eenie Creek Service Road for
service vehicles. 270 car parking spaces were proposed on-site, which are accessible via an
existing roundabout off Hofmann Drive. Stage 2 of the development for a showroom includes a
further 65 car parking spaces. The applicant has advised that the showroom is intended to be
leased out to a third party for a use, which will complement the Masters development.
The applicant indicates a small café (less than 150m2), may be included as an ancillary
component within the Masters store,
During the public notification of the application 8 properly made submissions were received. The
submitters were primarily concerned with the impact of the Masters store on other specialist
stores, and that it would result in a loss of industry and business land in the Shire Business
Centre. The lack of articulation of the Masters building was also raised and the potential for
impacts on Hofmann Drive and Eenie Creek Road from heavy rigid vehicles.
The applicant subsequently appealed the decision seeking that the appeal be allowed and the
development application be approved.
At the Ordinary Meeting on 20 January 2014 Council resolved to continue to defend the appeal.
The matter went to trial late January 2014, with the judgement handed down on 30 April 2014.
The judgement allowed the appeal, approving the proposed development, with a further hearing
adjourned to allow conditions of approval to be formulated.
Page 45 of 112
Section 46
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
2. ASSESSMENT
At the time the application was reported to the Sunshine Coast Council for a decision, officers
had prepared a list of conditions for approval. Since the judgement was handed down, the
applicant has made representations to these conditions seeking some changes to be made to the
conditions. During this time, the applicant has also provided amended plans to Council
addressing a number of design concerns previously raised by officers. These amended plans
are included as Attachment 2.
An assessment in relation to each of the requested changes to conditions is provided below.
Condition 2 – Approved Plans
2. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed within this Decision Notice. The Approved Plans must be
amended to incorporate the amendments listed within this Decision Notice and
resubmitted to Council prior to the issue of any Development Permit for Operational
Works.
Applicant’s Representation
The applicant has provided amended plans addressing those conditions that required
amendments to be made to the proposal plans, including a reduction in building height, extension
of the proposed entrance canopy to improve the building’s appearance, and increased
landscaped areas.
Assessment of Representation
The amended plans address the required amendments to the plans and accordingly the condition
may be amended to no longer require plan amendments.
Conditions 3 & 4 – Nature and Extent of Approved Use
3. A minimum of 70% of the floor area of the Home Improvement Store shall comprise Retail
Business Type 6 – Hardware Store and Type 7 – Garden and Lifestyle Centre. An
ancillary café is permitted within the stage 1 of the Home Improvement building. The
ancillary café must not exceed 150m2 of gross floor area.
4. The Retail Business type 4 (Showroom) must be for ‘trade related’ purposes including for
the display or sale of:
(a) building and construction materials with or without hardware;
(b) curtains and furnishing materials;
(c) domestic and commercial fixtures and fittings, such as kitchen and bathroom
fittings;
(d) floor coverings, floor and wall tiles, paint supplies;
(e) interior decorating items (including furnishings);
(f) machinery;
(g) spa and pool supplies and equipment;
(h) plumbing supplies; and
(i) may include ancillary activities such as:
(i) the storage of goods on the premises; and
(ii) offices for the conduct of administration and accounting.
Page 46 of 112
Section 47
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Applicant’s Representation
The requirement for a minimum of 70% of the Masters store to comprise Retail Business Type 6
– Hardware Store and Type 7 – Garden and Lifestyle Centre is unreasonable and unnecessary.
The applicant is concerned that the requirement has the potential to create enforcement
difficulties, as views may differ about the proper characterisation of the applicable definitions
under The Noosa Plan and the percentage of the store being used for each aspect. Further
having regard to the Court’s reasons for the judgement and the issues in dispute in the appeal,
the applicant is unable to identify any basis which would make such a condition lawful.
In regard to condition 4, there is nothing in the court’s judgement, which would justify the need to
limit any showroom component in the Masters store to trade related purposes only and the
applicant requests its deletion.
Assessment of Representation
It is agreed that there is no basis for council to maintain the conditions based on the judgement.
However, it is important that a floor area be specified for the ancillary café to provide clarity in the
approval.
Conditions 7, 8 & 9 – Building Height
7. The maximum height of the main part of the Masters Home Improvement building
(comprising the retail, timber and receiving areas) must not exceed 10 metres above
natural ground level and finished ground levels. This shall be incorporated as part of the
amended plans and resubmitted to Council prior to the issue of any Development Permit
for Operational Works.
8. The maximum height of the mechanical plant shall also comply with the height restriction
of 10m and must be designed to integrate with the roof form. This shall be incorporated
as part of the amended plans and resubmitted to Council prior to the issue of any
Development Permit for Operational Works.
9. The maximum height of the garden centre area shall not exceed 9m above ground level
and finished floor levels, and shall include a 10 degree pitch as generally indicated on the
approved plans. This shall be incorporated as part of the amended plans and resubmitted
to Council prior to the issue of any Development Permit for Operational Works.
Applicant’s Representation
The applicant through negotiations has agreed to reduce the height of the main part of the
Masters building from 11.5m to a maximum of 10 metres and 9 metres for the garden centre
above finished ground level. To achieve a lesser height for the garden centre, the roof pitch has
been lowered to 5 degrees. The mechanical plant has been screened by battens, with a section
plan provided demonstrating that the mechanical plant will not be visually prominent when
viewed from the street level.
Assessment of Representation
The Noosa Plan seeks that buildings in the Shire Business Centre have a maximum building
height of 8 metres for Precincts E5 and B3 in which the Masters building is located and that
buildings are low rise and have a visual bulk and architectural scale consistent with structures on
adjoining or nearby land.
All existing buildings within Noosa Civic respect the intent of the master plan for the Shire
Business Centre in relation to building height and are generally low rise. Existing development
within the same precinct as the site (Precinct B3) is either 1 or 2 storeys and no greater than 8.5
metres in height.
Page 47 of 112
Section 48
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
The showroom buildings situated east of the site are 1 storey and approximately 7.5 metres at
their highest point and have frontage to Eenie Creek Road and Hoffmann Drive, while the office
buildings directly south of the site are 2 storeys and approximately 8.5 metres at their highest
point.
A maximum height of 10m is accepted for the bulk of the Masters building as this is consistent
with the maximum height of buildings permitted for the adjoining industrial land west of the site. It
is also accepted that this height may be measured from the finished ground level only rather than
the natural and finished ground level, recognising that some earthworks are necessary to achieve
a suitable building platform. Stepping the maximum height of the garden centre to 9m assists in
ensuring the 9822m2 building does not visually dominate the entrance to the Shire Business
Centre. This will be assisted by the wide landscaped garden beds to Hofmann Drive. The
reduced roof pitch of 5 degrees over the garden centre is consistent with the minimum roof pitch
specified for buildings by The Noosa Plan. The mechanical plant is generally located to the
buildings centre and is not expected to be visually obtrusive.
Condition 11 – Performance Bond
11. Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to
the issue of a Development Permit for Operational Works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit. Council reserves
the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Applicant’s Representation
The applicant considers the provision of security for the amount of $50,000 to be an
unreasonable condition because non-compliance with a condition will constitute a development
offence and the Council has the statutory mechanism to compel compliance. A security is
therefore unnecessary. Through negotiations the applicant has agreed to accept a reduced bond
of $35,000.
Assessment of Representation
The condition is consistent with the Noosa Planning Scheme Policy 7 – Performance Bonds, with
the bond being an incentive to develop in accordance with the conditions of approval. A bond
has been consistently applied to all development approvals in the Noosa area. Given that
minimal external works area required and there are limited critical site attributes apart from the
open space buffers to the major road network which is under a covenant, a lesser bond of
$35,000 may be accepted.
Condition 13 – Built Form
13. The canopy proposed to the front entrance of the Masters building shall be extended to
the west as far as the internal pedestrian walkway, and remain exposed and open as a
roof on columns. This shall be incorporated as part of the amended plans and
resubmitted to Council prior to the issue of any Development Permit for Operational
Works.
Applicant’s Representation
The applicant has provided amended plans to address the requirements of the conditions and
requests the condition to be amended accordingly.
Assessment of Representation
Agreed.
Page 48 of 112
Section 49
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Condition 17 - Fencing
17. The fence identified on the ground floor plan shall be relocated to the edge of the fire
safety access road to enable the setback vegetation to merge with the covenant
vegetation.
Applicant’s Representation
The applicant has provided amended plans relocating the fence to the edge of the fire safety
access road in accordance with the requirements of the condition and accordingly requests the
condition be deleted.
Assessment of Representation
Agreed.
Conditions 20(d), 20(e) & 20(i) – Landscaping Works
20. The development site must be landscaped generally in accordance with the Landscape
Master Plan, except where amended by these conditions. The works must be undertaken
in accordance with an Operational Works approval and The Noosa Plan Planning
Scheme Policy 3 Landscaping Plants and Guidelines and must include in particular:
Road frontages and covenant areas
(a) Landscaping treatments to all road frontages to provide screening of the
development.
(b) Restoration and replanting of all covenant areas and the northern road reserve
area adjacent to Eenie Creek Road to provide a visual buffer to the development,
including understorey, mid-story and canopy species in accordance with a
restoration plan submitted for operational works approval.
(i) vegetated screening of northern and eastern boundaries of the site
designed such that 75% of the bulk of the building, including roof form will
be screened within 5 years.
(c) vegetated screening of any electrical transformers, pumps bin storage areas or
ancillary mechanical plant equipment from the car park and road frontages.
Car park area
(d) Provision of 100 litre shade trees of local native species to every 4 car parks.
(e) A reduction in parking spaces by a minimum of 12 spaces to provide for wider
planting areas for carpark shade trees.
(f) Provision of dense understorey planting to car park shade tree mulched beds.
(g) Provision of permanent pedestrian cross over strips (i.e. pavement, pavers) to car
park shade tree beds to facilitate pedestrian movement, in order to prevent mulch
compaction in beds.
(h) Provision of root barriers to all car park shade trees adjacent to any storm water
treatment devices to prevent tree root infiltration of storm water media or pipes.
(i) Provision of 12 x 100 litre local native species adjacent to the southern portion of
the Masters Home Improvement building and proposed entry awning.
(j) removal of all weeds species listed in the following standards and legislation:
(i) declared plants under the Land Protection (Pest and Stock Route
Management) Act 2002 and sub-ordinate Regulation 2003
(ii) Undesirable species as listed in Planning Scheme Policy 3 Landscaping
Plants and Guidelines *(Refer to Advisory Note)
Page 49 of 112
Section 50
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Applicant’s Representation
The applicant requests this condition be amended to require 1 shade tree per 6 car parking
spaces, which is an accepted standard for shade trees in car parks and is consistent with other
development in the Shire Business Centre.
The applicant has provided amended plans reducing the parking spaces by 12 spaces in
accordance with the requirements of the condition to provide wider planting areas for car park
shad trees and accordingly requests condition 20(e) be deleted.
The applicant requests that condition 20(i) be amended so that it refers to the proposed location
of the planting of the 100 litre local native spaces. The applicant proposes to locate these to the
southern side of the pedestrian shared zone aisle.
Assessment of Representation
It is agreed that although the requirement for 1 shade tree every 4 car parks is consistent with
The Noosa Plan requirements, a lesser standard has been accepted for Noosa Civic and is
acceptable for the proposed development. The proposal plans include satisfactory landscape
areas for the development as a whole, with wide front landscape setbacks to road frontages and
significant garden beds within the car park, which will visually soften the hard stand areas and
provide shade.
Condition 23 – Treatment of Temporarily Vacant Land
23. Where some or all of the land remains vacant or undeveloped for more than 3 months,
the following works must to be carried out:
(a) the site must be graded (to the same level as the adjoining footpath wherever
practicable) and turfed.
(b) the site must be landscaped with perimeter planting consisting of advanced
specimens of fast growing tree species.
(c) drainage must be provided to prevent ponding.
(d) the site must be maintained so there is no sediment run-off onto adjacent
premises, roads or footpaths.
(e) the site must be maintained to ensure no nuisance to adjacent premises, roads or
footpaths.
(f) where fencing is installed to secure boundaries:
(i) the fencing must be durable and not capable of being pushed or blown
over.
(ii) the fencing type must not detract from local amenity (barbed wire is not
acceptable).
(iii) vandalism must be promptly repaired and any graffiti removed.
Applicant’s Representation
The applicant requests that the introductory part of condition 23 be amended so that the works
required under the condition are required to be undertaken in respect of Stage 2, 3 months after
the commencement of the use of the Masters in Stage 1.
Assessment of Representation
Agreed.
Page 50 of 112
Section 51
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Condition 30 - Parking
30. A minimum of 240 car parking and 25 motorcycle spaces must be provided and marked
within stage 1, 34 car parking and 3 motorcycle spaces must be provided and marked
within stage 2. The works must be undertaken in accordance with an Operational Works
approval.
Applicant’s Representation
The applicant requests that the Stage 1 requirement be amended to 4 motorcycle spaces and the
Stage 2 requirement to 2 motorcycle spaces. Given the nature of the goods sold at Masters and
the likely goods that will be sold in the showroom, most customers will visit the site by motor
vehicle. Further, motorcycles are still able to park in the car spaces if required.
Assessment of Representation
It is agreed that although the current condition is consistent with the Noosa Planning Scheme
Policy 26 – Motorcycle and Motor Scooter Parking, given the nature of goods sold at Masters and
in showrooms, the proposed lesser number of motorcycle spaces is acceptable. However,
additional car parking spaces will be required for stage 1 (240 to 246 car spaces) to ensure on
site car parking continues to meet the likely parking demands.
Condition 34(d) – Public Toilets
34. Pedestrian and bicycle facilities must be provided for the development. The works must
be undertaken in accordance with an Operational Works approval and must include in
particular:
(a) a 2.5 metre wide footpath within the Hofmann Road verge extending from the
existing footpath adjacent to the roundabout at the entrance to the site to the
existing footpath adjacent to the next roundabout to the northeast.
(b) pedestrian pathways extending through the middle of the carpark generally in
accordance with the approved plans.
(c) adequate separation of all specific pedestrian routes from vehicle access and
manoeuvring areas, and clear demarcation by pavement marking, signposts or
changes in surface materials or levels.
(d) signage and lighting at strategic locations to direct people to building entries and
public toilet facilities.
(e) pedestrian refuge areas at strategic locations within the carpark to ensure safe
and convenient congregating of pedestrians waiting to cross major access
driveways
(f) a total of 30 bicycle parking spaces for stage 1, and 10 bicycle parking spaces for
stage 2, which are to be located close to the entrance of the building.
(g) end of trip facilities involving 15 lockers, 2 showers and change rooms for stage 1,
and 5 lockers, 1 shower and change rooms for stage 2.
Applicant’s Representation
The applicant requests that word ‘public’ be deleted from the condition, as the applicant does not
propose to provide public toilets with the toilets only accessible during store hours.
Assessment of Representation
Agreed.
Page 51 of 112
Section 52
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 17 JUNE 2014
Condition 39(c) – Rainwater Harvesting
39. Operating rainwater collection tanks must be provided for the development. The tanks
must be provided in accordance with an Operational Works approval and must include in
particular:
(a) the details identified in section 5 of the Site Based Stormwater Quality
Management Plan listed in this Decision Notice
(b) a total tank capacity of 50 000 litres
(c) a rainwater collection catchment of 80% of the building roof area
(d) re-use of harvested rainwater for internal non-potable uses and outdoor uses.
Applicant’s Representation
The applicant requests that condition 39(c) be deleted as the actual roof catchment required to fill
50,000 litres is approximately 15% of the Masters roof. A collection of 80% from the Masters roof
will fill 50,000 litres within a matter of minutes and is not feasible given the size of the roof.
Assessment of Representation
Agreed.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health x DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 52 of 112
Section 53
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PLANNING & ORGANISATION COMMITTEE MEETING REPORT 17 JUNE 2014
Strategic Land Use Planning
4 CONTRIBUTION IN LIEU OF THE PROVISION OF OFF-STREET PARKING
DOCUMENT IN FOR MATI ON
Author Senior Strategic Planner, Anne Wilson
Planning & Infrastructure Department
Index Project and Contract PP-02 Carparking
Attachments 1. Rescinded PSP13 Contributions in Lieu of the Provision of Off-Street Parking
EXECUTIVE SUMMARY
The Noosa Plan Driveway and Carparking Code outlines the minimum vehicle parking
requirements for development, however, there are circumstances where Council may consider it
desirable to seek a contribution in lieu of the provision of off-street parking. At the present time,
as a result of changes to state legislation, Council has no policy position to guide the
development sector and/or Council planning officers as to whether a contribution in lieu of onsite
parking may be an acceptable solution. The purpose of this report is to seek direction from
Council on this matter.
There are two options to consider, one being to have no policy and for Council to refuse all
applications where the applicant is unable to meet the carparking requirements, the second is to
accept contributions via a voluntary “Infrastructure Agreement”. If the latter is the preferred option
a Council policy will be required to provide guidance for staff when considering the
appropriateness of developing an “Infrastructure Agreement”.
To develop a policy, a detailed report would need to be prepared that would include a review of
the contribution rates, and an examination into the feasibility and cost of providing parking
spaces, public transport (or the like) to service key central business areas across the shire. This
type of report is beyond the scope of the current Noosa Plan review being undertaken by
Strategic Land Use Planning however the work could be completed during the 2015/2016
financial year. The current Noosa Plan review will examine current minimum vehicle
requirements, contained within the aforementioned code, to ensure business development is not
being stifled by carparking requirements.
In the interim it would be appropriate for Council to use former PSP13 as a guide when
determining whether or not to accept contributions in lieu of the provision of off -street parking,
and to require all development applications seeking to make a contribution in lieu of onsite
parking to be reported to Council for a decision.
RECOMMENDATION
That Council note the report by the Senior Strategic Planner to the Planning & Organisation
Committee Meeting dated 17 June 2014 and resolve to:
A. Use the former Planning Scheme Policy 13 Contributions in Lieu of the Provision of off-
street parking, applying the Consumer Price Index to the rates listed, as an interim guide
when determining whether or not to accept contributions in lieu of the provision of off -street
parking;
B. Require all development applications seeking to make a contribution in lieu of onsite
parking to be reported to Council for a decision; and
C. Request Strategic Land Use Planning to prepare a report on the acceptance of cash
contributions towards parking and transport infrastructure during the 2015/2016 financial
year.
Page 66 of 112
Section 67
PLANNING & ORGANISATION COMMITTEE MEETING REPORT 17 JUNE 2014
REPORT
1. Introduction
The Noosa Plan Driveway and Carparking Code stipulates the minimum vehicle parking
requirements for development. The Code includes a number of overall outcomes which include:
Development does not adversely impact on existing public parking
Development reduces the reliance on private vehicles and promotes public and non-
motorised transport options
The amount of carparking required to be provided onsite is dependent upon the type of
development (eg office, hotel, shops, units etc) and the scale of the development.
For many years including from at least 1991 to September 2013 a policy was in place to guide
Council when assessing a development application that sought to make a monetary contribution
in lieu of the provision of onsite parking. The most recent policy was Planning Scheme Policy 13
“Contributions in Lieu of the Provision of off-street parking” (PSP13). PSP 13 was only applied
where development was located on property within a Business Centre, Visitor Mixed Use,
Neighbourhood Centre, or Village Mix zone under the Noosa Plan. It did not apply to
development within a residential zone.
For many years to obtain the contribution, in accordance with PSP13 or other similar policy, a
condition was imposed; however as a result of amendments to the Sustainable Planning Act on 1
July 2011 Council is no longer permitted to impose a condition that requires a monetary
contribution for non-trunk infrastructure. Consequently an alternative approach has been to apply
PSP13 and when appropriate develop a voluntary “Infrastructure Agreement” with the applicant
during the information request period. In this situation the agreement is signed upon Council
approval of the application and is permissible by general law principles.
In May 2013 the state required the removal of PSP13 from the Noosa Plan as a result of the
introduction of the Priority Infrastructure Plan (PIP) and its subsequent conflict with the State
Regulatory Provision (adopted charges) 2012 and section 347(1)(b) of the Sustainable Planning
Act. As a result there is no policy position to guide the development sector and/or Council
planning officers as to whether a contribution in lieu of onsite parking may be an acceptable
solution. The purpose of this report is to seek direction from Council on this matter.
2. Contributions in lieu of off street parking options
One option is for Council to refuse all applications where the applicant is unable to meet the
carparking requirements. As a result of this approach the construction of onsite car parking
becomes a priority which is, to some extent, in conflict with promoting the use of public transport.
Further this approach may stifle development and redevelopment within the existing business
areas of Noosa Shire and risks sending a message to developers, and the community, that
accommodating vehicles is a priority within Noosa Shire even though it conflicts with ecological
sustainability objectives.
Alternatively, as outlined above, contributions may be sought in lieu of onsite off-street parking
via a voluntary “Infrastructure Agreement” whereby the applicant agrees to make a contribution
as compensation for transferring their carparking obligations from the development to the
community. This approach provides flexibility and circumstances where a contribution in lieu of
the provision of off-street parking may be desirable are outlined in points (a) to (e) below.
Page 67 of 112
Section 68
PLANNING & ORGANISATION COMMITTEE MEETING REPORT 17 JUNE 2014
a) It may not be either possible or practical to meet the car parking requirements on some
sites, for example the topography, dimensions of the site, or arrangement of existing
buildings, constrain the provision of parking. This situation is applicable to two development
applications currently being assessed by Council officers:
DA51997.2384.03 & DA132009.1102.03 Noosa Heads - extension of outdoor dining
area within an existing courtyard area in Hastings Street
MCU13/0240 Tewantin - extension to existing office space
b) Better urban design streetscape and pedestrian circulation outcomes can be achieved with
less on-site parking.
c) The adaptive re-use of existing or historic buildings requires additional parking that may be
difficult to provide.
d) Public transport is readily available and there is good pedestrian access to existing retail
and commercial premises.
e) Shared public parking for retail spaces is desirable to reduce traffic congestion.
To provide guidance to staff when considering the appropriateness of developing an
“Infrastructure Agreement” a Council policy is required. Unfortunately the policy would have no
head of power as it would not form part of the planning scheme or a local law, nevertheless, in
the same manner as PSP13, the policy could:
define the circumstances under which a cash contribution may be acceptable in lieu of the
provision of off-street parking when required as part of a development application;
define the relevant rates for various central areas throughout the Shire; and
outline how the funds collected may be expended.
The advantage of such a policy is that:
it ensures a consistent approach when developing an Infrastructure Agreement particularly in
regards to the amount for the financial contribution;
the applicant has clarity regarding whether the Council may or may not accept a contribution
in lieu of the provision of off-street parking which could save them time and money if there is
no potential for on-site parking; and
it ensures funds are obtained for Council to provide off-street carparks and/or infrastructure for
public transport.
To develop the policy a detailed report would need to be prepared addressing a number of
matters including:
an examination into the feasibility and cost of providing parking spaces, public transport or
the like, to service key central areas across the shire;
a review of transport infrastructure requirements and public transport trends within Noosa
Shire;
investigation of how other local governments are addressing the matter; and
how funds would be expended.
Page 68 of 112
Section 69
PLANNING & ORGANISATION COMMITTEE MEETING REPORT 17 JUNE 2014
The most recent review was undertaken in 2006 in a report titled “Parking & Transport
Contribution Rates in Noosa Shire”. A copy is provided in the Councillors Room. The report:
took into consideration that construction costs and yield would vary due to topographical
constraints affecting drainage requirements, retaining walls, landscaping and access;
recognised the fact that given the opportunity to maximise onsite development and pay a one-
off contribution for a shortfall in parking, a developer would choose to pay the contribution,
particularly in central areas where rents and land value are high;
acknowledged that the provision of off-street parking by Council is often at the cost of public
open space; and
concluded the contribution rate should be above the construction cost to reflect the real cost to
the community of providing carparking at the expense of open space.
A review of the contribution rates is beyond the scope of the Noosa Plan review which is a high
priority for Strategic Land Use Planning at the current time. As part of the Noosa Plan review the
carparking requirements within the Noosa Plan Driveways and Carparking Code, which have
been in place for approximately 25 years, will be compared with other local governments that
have similar characteristics to Noosa and amended if necessary.
It is anticipated that a detailed report investigating parking contribution rates, feasibility, options
etc could be completed during the 2015/2016 financial year. In the interim it would be appropriate
for Council to use the former PSP13 as a guide when determining whether or not to accept
contributions in lieu of the provision of off-street parking and apply the Consumer Price Index to
the rates. To ensure Councillors support those instances where PSP13 could be applied, it would
be necessary to require all development applications seeking to make a contribution in lieu of
onsite parking to be reported to Council for a decision.
The table below outlines the contribution rate per carparking space for each central area
contained within PSP13 and provides the equivalent rate for 2014 after CPI has been applied.
CPI = 84.5 105.2
CENTRAL AREA RATE PER SPACE Jun-06 Mar-14
Cooran $ 8,500 $ 10,582
Cooroy $ 11,300 $ 14,068
Noosa Heads – Hastings Street $ 18,000 $ 22,409
Noosa Heads – Noosa Junction $ 18,000 $ 22,409
Noosaville $ 13,500 $ 16,807
Peregian Beach $ 11,800 $ 14,691
Pomona $ 6,500 $ 8,092
Sunshine Beach $ 6,500 $ 8,092
Tewantin $ 14,000 $ 17,430
PSP13 also lists the ways contributions may be used, which may still be applicable and can be
reviewed during 2015/2016:
a) the acquisition of land for future provision of parking where practicable;
b) the cost of demolition or relocation, where the land contains existing buildings or structures;
c) the construction of parking, including provision to ensure safe access and use of the
parking spaces;
d) the construction of parking in existing road reserves;
e) the rationalisation or other modification of existing parking to improve its utility; or
f) the improvement of public transport infrastructure to access the central area.
Page 69 of 112
Section 70
PLANNING & ORGANISATION COMMITTEE MEETING REPORT 17 JUNE 2014
Previous Council Consideration
Nil.
Finance & Risk
If Council agrees to contributions being paid in lieu of the provision of onsite parking, it is
important the amount being sought recoups as best as possible the real cost to the community of
providing carparking and/or transport infrastructure.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
The option to permit contributions in lieu of the provision of off-street parking was raised at a
Council workshop held on 30 April 2014.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 70 of 112
Section 71
PLANNING & ORGANISATION COMMITTEE MEETING REPORT 17 JUNE 2014
ATTACHMENT 1
Page 71 of 112
PLANNING & ORGANISATION COMMITTEE MEETING REPORT 17 JUNE 2014
ATTACHMENT 1 S
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The purpose of this Planning Scheme Policy is to— > é
a) define the circumstances under which a cash contribution may be acceptable; and © *
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b) define the relevant rates for various central areas throughout the Shire. Oo
This Planning Scheme Policy is based on the findings and recommendations of Parking
Contribution Rates in Noosa Shire - 2005, and its subsequent reviews.
1. Council may accept contributions in lieu of on-site parking in some
circumstances
1.1 Without limiting its powers under section 3.5.30 of the /ntegrated Planning Act 1997 (IPA),
Council may accept monetary contributions in lieu of on-site parking in the following
circumstances—
a) the proposed development is within a central area identified by dark shading on Map 1
to Map 9; and
b) the property is within the Visitor Mixed Use Zone, Business Centre Zone,
Neighbourhood Centre Zone or Village Mix Zone of The Noosa Plan;
c) the use generating the parking requirement is not a Residential Use;
d) the premises are physically constrained such that, in Council's opinion, it is not
feasible to provide the full amount of parking on-site;
e) improved local public transport, pedestrian or cycle network is more desirable than
additional car parking spaces; or
f) where, in Council's opinion, it is in the community interest to provide the parking off-
site. This may include where access to the site is significantly constrained or access
is undesirable because of character reasons.
2. Council may not accept contributions in lieu of on-site parking in some
circumstances
Without limiting its powers under section 3.5.30 of the /PA, Council may not accept monetary
contributions in lieu of on-site parking in the following circumstances—
a) the immediate creation of a shortfall in parking would result in traffic hazards or traffic
problems in the area; or
b) where the accumulated funds cannot be expended within a reasonable period of time
to serve the parking or public transport needs of the locality: or
Page 71 of 112Section 72
PLANNING & ORGANISATION COMMITTEE MEETING REPORT 17 JUNE 2014
Page 72 of 112
PLANNING & ORGANISATION COMMITTEE MEETING REPORT 17 JUNE 2014
> c) Council is satisfied that an alternative means of transport to the area is to be provided
= in lieu of parking, such as a courtesy bus.
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Page 72 of 112Section 73
PLANNING & ORGANISATION COMMITTEE MEETING REPORT 17 JUNE 2014
Page 73 of 112
PLANNING & ORGANISATION COMMITTEE MEETING REPORT 17 JUNE 2014
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Page 73 of 112Section 74
PLANNING & ORGANISATION COMMITTEE MEETING REPORT 17 JUNE 2014
Page 74 of 112
PLANNING & ORGANISATION COMMITTEE MEETING REPORT 17 JUNE 2014
oS Map 9 Tewantin
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3. Central areas where contributions in lieu of on-site parking will not be
accepted
In other central areas—
a) the lack of suitable land; or
b) the lack of suitably located land; or
Cc) the cost of acquisition of land and any associated improvements; or
d) the cost of construction of parking; or
e) the existing and likely future demand by residents and day trippers using the areas;
or
f) a combination of these factors
results in Council forming the view that it does not intend to operate a fund for the purpose
of providing parking in those areas. Consequently Council will not accept contributions in
lieu of on-site parking in those areas.
4, Council may accept or require contributions in other circumstances
4.1 Without limiting its powers under section 3.5.30 of the /PA, Council may, in certain
circumstances determine that it is appropriate to accept monetary contributions in lieu of
on-site parking in areas otherwise indicated in this policy to be inappropriate. Such
instances may occur when Council constructs parking in road reserves or where public
parking is constructed on Crown land or Council reserves. Where this arises—
a) the contribution will only be accepted in lieu of provision of parking spaces for the
public patronage component of the proposed use;
Page 74 of 112The text continues on section 75.