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planning report 31 Butler St Tewantin
Development Application
Planning Report
Material Change of Use for Outdoor
Sport & Recreation (2 x 18m high new lights - Netball)
31 Butler St, Tewantin
(372/MCH3843)
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Contents
1.0 Summary ........................................................................................................................... 3
1.1 Development application details ................................................................................................3
1.2 Planning instrument details .......................................................................................................3
1.3 Referral agencies........................................................................................................................3
2.0 Site details ......................................................................................................................... 4
2.1 Site description ..........................................................................................................................4
2.2 Surrounding land uses ...............................................................................................................5
3.0 Proposed development details .......................................................................................... 6
4.0 Planning assessment .......................................................................................................... 7
4.1 Key issues ..................................................................................................................................7
4.1.1 Community Uses and Tewantin and Doonan Locality Codes ...................................................7
4.1.2 Light spill impacts ...................................................................................................................8
5.0 State interests.................................................................................................................... 9
5.1.1 Matters established in the Planning Regulation ........................................................................9
5.1.2 State Planning Policy .................................................................................................................9
6.0 Conclusion ........................................................................................................................ 9
Client Name: M2 Electrical
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version: 1
Date: 2 December 2020
This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.
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1.0 Summary
1.1 Development application details
Proposed development: Outdoor Sport and Recreation (Netball Lights)
*A material change of use is defined as:
material change of use, of premises, means any of the following that a
regulation made under section 284(2)(a) does not prescribe to be minor
change of use—
(a) the start of a new use of the premises.
(b) the re-establishment on the premises of a use that has been abandoned.
(c) a material increase in the intensity or scale of the use of the premises.
Type of approval sought: Development Permit for Material Change of Use
Site address: 31 Butler St, Tewantin
Real property description: (372/MCH3843)
Site area: 29ha
Assessment manager: Noosa Council
Owner details: Noosa Council
Applicant details: Noosa Council (M2 Electrical) C/- Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: SPP 2017
Regional plan: SEQ Regional Plan 2009–2031 (version commenced 2 May
Designation: 2014), Regional Landscape and Rural Production designation.
Planning scheme: The Noosa Plan 2020
Zone: Recreation and Open Space Zone
Level of assessment: Code
Applicable overlays: Nil
Applicable codes: Tewantin Local Plan Code;
Recreation and Open Space Zone Code;
Recreation Activities Code; and
Works Codes.
1.3 Referral agencies
Nil
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2.0 Site details
2.1 Site description
Table 1: Site description
Site Description
characteristic
Existing land Outdoor Sport and Recreation - rugby league, cricket, netball, tennis, touch football,
use softball, pony club
Topography The site is relatively flat around the proposed new lights
and views
Existing The field is surrounded by existing mature vegetation and no vegetation is proposed
vegetation to be removed as part of the application.
Existing On the 9 June 2020, Council issued approval (MCU20/0020) for new lights
Approvals associated with the Noosa Pirates Rugby League Club. Conditions included
restriction of the lights use after 10pm.
There are currently 35 light poles within the Noosa Sports complex, with 6 existing
lights around the Tewantin Netball courts.
The following other approvals have been issued over the site.
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2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
South Existing netball, cricket courts/fields and Sea Scouts building
East & North Proposed Aged Care facility (100m across Mckinnon Dr to pole)
West Detached Houses fronting Blackbutt Ct (100m to pole)
Figure 1: Zoning Map
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3.0 Proposed development details
The application proposes to construct 2 x 18.5m high timber lighting poles. The renewal of lighting
and the resurfacing of the asphalt courts was identified as part of the Noosa District Sports Complex
Master Plan 2020-2030 (endorsed by Council 16 January 2020).
Technical lux plans are included with the application and demonstrate on court light levels with a
max of 179 lux and average 117 lux across the four courts. There is minimal light spill and no
additional mechanical plant equipment is required, with underground trenching will be provided to
the existing electricity network.
Figure 2: Technical Lux Plans for Netball courts (highlighted are the highest intensity lux
calculations (179lux) near the goals.
Council’s Planning Department advise the construction of the new lights for the netball club require
a new Material Change of Use application.
The lights are to be used for training and games, with the location adjacent to the existing light pole
facing east. Currently, the netball club uses the courts up to 5 nights a week during winter with games
occurring up to 10pm.
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4.0 Planning assessment
4.1 Key issues
4.1.1 Tewantin Local Plan, Recreation & Open Space and Recreation Activities
Codes
The new lights are to be purposely constructed to illuminate the netball courts for night games and
training. The proposed lights are located centrally within the site and adjacent to the existing lights.
This application is required as there is an increase in the intensity of the existing use.
The Recreation Code requires any lit sports courts are located more than 60m from any adjoining
residential building. The proposed lights are more than 100m from the property boundary and
screened by existing 15m to 20m high dense vegetation between the courts and the residential
neighbours.
Certification is provided from a RPEQ lighting engineer confirming compliance with AS 2560
pertaining to obtrusive lighting.
Traffic Impacts
The carparking area and roads surrounding the Club are currently being upgraded in accordance
with the Noosa District Sports Complex Master Plan 2020-2030. The road upgrades include:
• Relocate internal north-south road from east of the rectangular fields to the west (running
along the edge of the vegetation) (road corridor width to be 14m)
• Connect eastwards to current road north of the rugby league clubhouse
• Include new road connection north of tennis centre joining current western access road
The proposed new lights are not anticipated to increase the traffic impacts. Council’s short term
works to the road network improve access and through flow at the facility, as well as formalising
more parking on the site. There is ample overflow parking available on the 29ha site.
Noise Impacts
The recent approval required the new lights at the Noosa Pirates Rugby League fields to not be
turned on after 10pm Monday to Sunday. Regular sporting training and matches occur at the facility
up until about 10pm during netball matches and events
Additional noise impacts are unlikely to cause a nuisance compared to the existing use of the courts,
except for one off large spectacle events. These events will be separately permitted and require
conditions on liquor licensing, parking, crowd management and the like to manage noise for
infrequent events.
The lights are more than 100m from the common property boundary of the houses along Blackbutt
Ct. The imposition of conditions on the use of the lights and courts after 10pm will ensure the
recreation activities are designed and operated to avoid noise emissions that unreasonably impact
on the amenity of the area and sensitive and uses.
Structure Height
Although not meeting the Acceptable Outcome AO15.1 which requires an 8m height limit for
structures, the slimline poles are at a similar finished height to the surrounding 15-20m high existing
vegetation surrounding the courts. Furthermore, the light is located internally at the same height as
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the existing 3 ~20m high poles surrounding the courts. The lights will be finished in timber and
respect the height of existing vegetation, without impacting the skyline.
Figure 5: Site Photo looking west with light pole locations marked in green
Figure 6: Site Photo looking north with light pole locations marked in green
Light spill impacts
The Recreation Uses requires any lighting associated with the Sport & Recreation uses are
designed, installed, operated and maintained in accordance with Australian Standard AS2560 Guide
to Sports Lighting. The relevant standard requires spill lighting does not gives rise to annoyance,
discomfort or distraction.
The upgraded lights will allow for a maximum max of 179 lux and average 117 lux across the four
courts (this is substantially below the recent approval for the infield lighting at Tewantin Cricket fields
which are for an avg. of 739 lux and an outfield avg. of 589 lux). The lights are focused on the field
to ensure minimal light spill to the adjoining bushland and sports fields. A guide to the spill light
calculations for the various lux level intensities are included below.
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Table 1: General light levels for different activities
The impacts to neighbours will be negligible to the closest residential dwellings along Mckinnon Dr,
and Blackbutt Ct, Tewantin. This will be substantially less than the Australian Standard 25-lux
residential nuisance requirement. The impacts of light spill will also be significantly less than that
from the existing streetlights along the existing roads.
The existing trees on the site also buffer the light spill and focus the lights on the field - minimising
any nuisance impacts to adjoining neighbours. The vegetation is protected by The Noosa Plan’s
Environmental Protection Overlay and is unlikely to be removed. Furthermore, the ownership of land
by Council means they are highly unlikely to be removed.
The proposed plans demonstrate the obtrusiveness of lighting is minimised without unduly limiting
the use, enjoyment or safety of outdoor recreation facilities. The proposal is compliant with the
relevant Outcomes of the Tewantin Local Plan, Recreation & Open Space and Recreation Activities
Codes.
5.0 State interests
5.1.1 Matters established in the Planning Regulation
There are no relevant matters applicable to the application.
5.1.2 State Planning Policy
The proposal is generally compliant with the SPP assessment benchmarks.
6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for Outdoor Sport and
Recreation (Netball Lights). The proposal is code assessable development under The Noosa Plan.
The Planning Act 2016 prescribes that a code assessment must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development
(The Noosa Plan); and
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(b) having regard to any matters prescribed by regulation.
Council, after carrying out the assessment—
(a) must decide to approve the application to the extent the development complies with all of
the assessment benchmarks for the development; and
(b) may decide to approve the application even if the development does not comply with
some of the assessment benchmarks; and
Examples—
1 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks.
2 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
response.
(c) may impose development conditions on an approval; and
(d) may, to the extent the development does not comply with some or all the assessment
benchmarks, decide to refuse the application only if compliance cannot be achieved by
imposing development conditions.
Example of a development condition—
a development condition that affects the way the development is carried out, or the management of uses
or works that are the natural and ordinary consequence of the development, but does not have the effect
of changing the type of development applied for
The assessment finds the development does not strictly comply with all Acceptable Outcomes of the
applicable codes. However, subject to section 60b) of the Planning Act 2016, this report identifies
the conflicts between the benchmarks and provides the following supporting arguments for the
proposed development, including:
- The upgrade to the existing Open Space use (Noosa District Sports Complex) contribute to
the desired lifestyle of residents and visitors by offering a variety of passive and active
recreational experiences that are conducive to community interaction and wellbeing;
- The height of the structure respects the scale of surrounding vegetation and existing
structures will not visually dominate the street, surrounding spaces or skyline;
- The increased use of the recreation facilities will not have a significant adverse impact on the
amenity of enjoyed by users of adjoining or nearby properties in regard to noise or light
emissions;
- The development does not include spill light which gives rise to annoyance, discomfort,
distraction or a reduction in the ability to see essential information; and
- Conditions are recommended to ensure the obtrusiveness of lighting is minimised without
unduly limiting the use, enjoyment or safety of outdoor recreation facilities;
The Assessment Manager’s favourable consideration of the above development application is
therefore recommended. Please contact me if you require any further information and/or clarification
with respect to the above application.
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