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MCU14/0106 & OPW15/0001 Town Planning Report & Appendix A Code Compliance
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Town Planning Report
28 Eenie Creek Road, Noosaville
28
andEenie
parts Creek
of the Road, Noosaville
road reserves of
and
Hofmann Drive and Walter HayofDrive
parts of the road reserves
Hofmann Drive and Walter Hay Drive
Lot 3 on SP246584
12BR037A
12BR037A
Development Permit for a Material Change of Use for
- Commercial business (Type 1 Office)
- Commercial business (Type 2 Medical)
- Commercial business (Type 3 Veterinary)
- Entertainment and dining business (Type 1 Food and
beverages)
- Entertainment and dining business (Type 2 Recreation,
amusement and fitness)
- Entertainment and dining business (Type 3 Bar)
- Education (Type 1 Childcare)
- Education (Type 3 Adult)
- Education (Type 4 Information)
- Open space (Type 1 Sport & recreation)
- Retail Business (Type 2 Shop & Salon)
- Retail Business (Type 4 Showroom)
- Retail Business (Type 7 Garden and Lifestyle Centre)
- Wellbeing (Type 2 Social)
- Service and utility (Type 2 Installation)
- Undefined Use (Temporary Markets)
Development Permit for a Material Change of Use for Road
Development Permit for Operational Work (interference with
vegetation)
Development Permit for Operational Work (interfering with quarry
material on State coastal land above high water mark within a
Coastal Management District)
Prepared for
QIC Noosa Civic Pty Ltd
December 2014
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Full text of sections 2 to 73 (of 239)
Section 2
Town Planning Report
28 Eenie Creek Road, Noosaville and parts of the road reserves of Hofmann Drive and Walter Hay Drive
Document Information
Prepared for QIC Noosa Civic Pty Ltd
Project Name 28 Eenie Creek Road, Noosaville and parts of the road reserves of
Hofmann Drive and Walter Hay Drive
File Reference 12BR037A.R01.001.docx
Job Reference 12BR037A
Date December 2014
Prepared for:
QIC Noosa Civic Pty Ltd
GPO Box 2242
BRISBANE QLD 4001
Prepared by:
Cardno HRP
Cardno HRP retains ownership and copyright of the contents of this
document including drawings, plans, figures and other work produced
by Cardno HRP. The client may use this document only for the purpose
for which it was prepared.
This report is based on our opinion of the town planning issues that arise
from the statutory provisions relating to this site. Comments and
conclusions in or construed from this report relating to matters of law are
not to be relied upon. You should only rely upon the advice of your
professional legal advisors with respect to matters of law. This report is
provided on the basis that our standard Terms and Conditions apply. For
a copy, please contact us. Our report is based on information made
available by the client. The validity and comprehensiveness of supplied
information has not been independently verified and, for the purposes of
this report, it is assumed that the information provided to Cardno HRP is
both complete and accurate. Whilst, to the best of our knowledge, the
information contained in this report is accurate at the date of issue,
changes may occur to the site conditions, the site context or the applicable
planning framework. This report should not be used after any such
changes without consulting the provider of the report or a suitably qualified
person.
December 2014 Cardno HRP ii
Section 3
Town Planning Report
28 Eenie Creek Road, Noosaville and parts of the road reserves of Hofmann Drive and Walter Hay Drive
Table of Contents
1 Executive Summary 7
1.1 Planning Assessment Summary 7
1.2 Site Details 8
1.3 Application Details 9
2 Introduction 11
3 Site Details and Characteristics 12
3.1 Site Details 12
3.1.1 Location 12
3.1.2 Real Property Description 12
3.1.3 Shape, Size and Ownership 12
3.1.4 Easements 12
3.1.5 Statutory Covenant 13
3.2 Site Characteristics 13
3.2.1 Current Use of the Site 13
3.2.2 Road Frontages, Site Access, Servicing and Parking 14
3.2.3 Significant Flora and Fauna and Waterway Values 14
3.2.4 Topography 15
3.2.5 Site Contamination 15
3.2.6 Heritage 15
3.2.7 Flooding 15
3.2.8 Bushfire Hazard Area 15
3.2.9 Existing Infrastructure Services 16
3.2.10 Surrounding Land Use 16
3.2.11 Existing Approvals 16
4 Proposed Development 17
4.1 Application Particulars 17
4.2 Proposal Description 18
4.3 Design Intent 18
4.4 Floor Area 19
4.5 Proposed Uses 19
4.6 Parking, Access, Circulation and Servicing 20
4.6.1 Car Parking 20
4.6.2 Circulation and Access and Servicing 20
4.6.3 Servicing 21
4.6.4 Pedestrian Access and Bicycle Parking 22
4.6.5 Public Transportation 22
4.7 Pedestrian Link 22
4.8 Landscaping 23
4.9 Infrastructure Services and Stormwater Management 23
4.9.1 Water, Sewer and Electricity 23
4.9.2 Excavation and Filling 23
4.9.3 Stormwater 24
4.10 Ecology 24
4.11 Bushfire Management 25
5 Statutory Town Planning Framework 26
December 2014 Cardno HRP iii
Section 4
Town Planning Report
28 Eenie Creek Road, Noosaville and parts of the road reserves of Hofmann Drive and Walter Hay Drive
5.1 Introduction 26
5.2 Sustainable Planning Act 2009 26
5.2.1 Impact Assessment 26
5.2.2 Referral 27
5.2.3 Public Notification 27
5.2.4 State Planning Regulatory Provisions 27
5.2.5 State Planning Policy 28
5.3 South East Queensland Regional Plan 28
5.4 State Development Assessment Provisions 29
5.5 The Noosa Plan 29
5.5.1 Desired Environmental Outcomes 29
5.5.2 Defined Land Use 30
5.5.3 Locality and Zoning 32
5.5.4 Shire Business Centre 32
5.5.5 Level of Assessment 33
5.5.6 Overlays 33
5.5.7 Applicable Development Codes 34
5.6 Environmental Protection Act 1994 34
5.7 Environment Protection and Biodiversity Conservation Act 1999 34
5.8 Aboriginal Cultural Heritage Act 2003 35
5.9 Nature Conservation Act 1992 35
5.10 Environmental Offsets Act 2014 35
6 Compliance Summary 37
6.1 Introduction 37
6.2 State Planning Regulatory Provisions 37
6.2.1 South East Queensland Regional Plan 2009-2031 State Planning Regulatory
Provisions 37
6.2.2 State Planning Regulatory Provision (Adopted Charges) 38
6.2.3 South East Queensland Koala Conservation State Planning Regulatory
Provisions 39
6.3 State Planning Policies 40
6.3.1 Biodiversity 41
6.3.2 Coastal Environment 42
6.3.3 Water Quality 43
6.3.4 Natural Hazards, Risk and Resilience 44
6.4 South East Queensland Regional Plan 44
6.5 State Development Assessment Provisions 47
6.5.1 Module 10.1 Tidal Works, or Development in a Coastal Management District
State Code 47
6.5.2 Module 17.1 Public Passenger Transport State Code 47
6.5.3 Module 18.1 Filling, Excavation and Structures State Code 47
6.5.4 Module 18.2 Stormwater and Drainage Impacts on State Transport
Infrastructure State Code 47
6.5.5 Module 19.2 Transport Infrastructure and Network Design State Code 47
6.6 The Noosa Plan 48
6.6.1 Desired Environmental Outcomes 48
6.6.2 Noosaville Locality Overall Outcomes 50
6.7 Compliance with Applicable Codes 54
6.7.1 Noosaville Locality Code 54
6.7.2 Business Uses Code 55
December 2014 Cardno HRP iv
Section 5
Town Planning Report
28 Eenie Creek Road, Noosaville and parts of the road reserves of Hofmann Drive and Walter Hay Drive
6.7.3 Building Works Code 55
6.7.4 Biodiversity Overlay Code 56
6.7.5 Natural Hazards Overlays Code 56
6.7.6 Community Uses Code 56
6.7.7 Infrastructure Uses Code 56
6.7.8 Driveways and Carparking Code 56
6.7.9 Earthworks Code 57
6.7.10 Erosion and Sediment Control Code 57
6.7.11 Existing Services Code 57
6.7.12 Landscaping Code 57
6.7.13 Transport, Roads and Drainage Code 57
6.7.14 Waste Management Code 57
6.7.15 Water Sensitive Design Code 58
6.7.16 Water Supply and Sewerage Reticulation Code 58
6.8 Crime Prevention Through Environmental Design Guidelines for Queensland 58
6.8.1 Important Principles and Guiding Ideas 58
6.8.2 The Design of Buildings 58
6.8.3 The Design of Centres 58
7 Key Planning Matters 59
7.1 Achieving the Shire Business Centre Vision 59
7.2 The Centres Hierarchy 60
7.3 Alternative Development Scenarios 61
7.4 Visual Amenity and Landscape Strategy 61
7.4.1 Noosa Style 62
7.4.2 Visual Integration and Screening Capacity 62
7.4.3 Landscape Strategy 63
7.5 Environmental Impacts 63
7.6 Precinct OS7, Covenant J and the Open Space Conservation Zone 64
7.6.1 The Interrelationship between Precinct OS7, Covenant J and the Open Space
Conservation Zone 64
7.6.2 Development within Covenant J 65
7.7 Native Vegetation 66
7.8 Transport and Traffic Impacts 67
7.8.1 Car Parking Supply 67
7.8.2 Road Network Operation 68
7.9 Gross Floor Area, Plot Ratio, Site Cover and Building Height 68
7.10 Building Setbacks 70
8 Sufficient Grounds 73
8.1 Compliance with the Applicable Codes 73
8.2 Retail Need 73
8.3 Employment 74
8.4 Environmental Economic Benefits 74
8.5 Reinforcing the Planned Centres Hierarchy 74
8.6 Improved Connectivity 75
8.7 Improved Public Amenity 75
9 Conclusions and Recommendations 77
December 2014 Cardno HRP v
Section 6
Town Planning Report
28 Eenie Creek Road, Noosaville and parts of the road reserves of Hofmann Drive and Walter Hay Drive
Figures
Figure 1 Location Plan
Figure 2 Site Plan
Figure 3 Aerial Photograph
Figure 4 Planning Scheme Strategy Map
Figure 5 Zoning Map
Figure 6 Noosa Shire Business Centre Map
Figure 7 Biodiversity Overlay Map
Figure 8 Natural Hazard: Landslide and Flooding Overlay Map
Figure 9 Natural Hazard: Bushfire and Acid Sulfate Soils Overlay Map
Figure 10 Schedule 5 Networks – Map 1 Road, Rail and Air Transport
Figure 11 Schedule 5 Networks – Map 3 Open Space
Figure 12 Schedule 5 Networks – Map 4 Erosion Prone Areas
Figure 13 Schedule 7 – Koala Habitat Areas Map
Figure 14 SEQ Koala Conservation SPRP Layout Plan
Appendices
Appendix A – Statement of Code Compliance
Appendix B – Architectural Drawings and Architectural Design Report
Appendix C – Landscape Concept
Appendix D – Traffic Impact Assessment
Appendix E – Engineering Report
Appendix F – State and Local Government Ecological Assessment
Appendix G – Covenant Interface Management Plan
Appendix H – Bushfire Assessment Report
Appendix I – Visual Amenity/Landscape Integration Report
Appendix J – Retail Needs Assessment
Appendix K – Commercial Needs Assessment
Appendix L – Commercial Office Scenario and Supporting Strategies
Appendix M – Certificate of Title, Survey Plan and Easement Documents
Appendix N – EMR/CLR Search Extract
Appendix O - Aboriginal and Torres Strait Islander Cultural Heritage Register Extract
Appendix P – Arbour Architectural Drawings
December 2014 Cardno HRP vi
Section 7
Town Planning Report
28 Eenie Creek Road, Noosaville and parts of the road reserves of Hofmann Drive and Walter Hay Drive
1 Executive Summary
1.1 Planning Assessment Summary
This Town Planning Report accompanies an impact assessable development application to allow for the
development of an expansion to Noosa Civic.
The expansion will be anchored by two (2) supermarkets and a discount department store and involves
22,870m2 GLA of additional and reconfigured retail floor space, 9,655m 2 GFA of mall and back of house area
and an additional 1,000 car parking spaces located at ground and undercroft levels. The internal loop road on
the site will be completed and connected to the external road network. A pedestrian link across Covenant J
will connect the proposed expansion to the existing Noosa Civic. A landscaped arbour is also proposed across
the exterior of the existing centre to improve and soften the interface with the car park and Emporium
showrooms. Clearing of existing on-site vegetation is also proposed as part of the development.
The development application is supported by this Town Planning Report and the series of technical
assessments appended hereto, and has been assessed against the relevant and applicable provisions of the
statutory town planning framework.
The proposed development generally complies, and is consistent with, the relevant and applicable provisions
of the statutory town planning framework.
The proposed development conflicts with The Noosa Plan in four respects:
specific measures relating to bulk and scale, being height (O8), maximum site cover (O11), maximum
plot ratio (O16) and gross floor area in Precinct B1 (O106) in the Noosaville Locality Code and O10 of
the Building Work Code;
the impact of the proposed development on areas of open space (Overall Outcome l) and Specific
Outcomes O205, O206, O210 and O221 of the Noosaville Locality Code);
the proposed uses being inconsistent uses within the Map SBC precincts (Overall Outcome w) xi) C)
and Specific Outcomes O88, O89, O205 and O206 of the Noosaville Locality Code), or not including
certain types of employment opportunities (O123 and O124 of the Noosaville Locality Code); and
the need to signalise one intersection (O7 of the Transport, Roads and Drainage Code).
There are sufficient grounds to justify a decision to approve the development despite the conflict. These
grounds are summarised as follows:
there is an identified economic and community need and demand for the proposed expansion due to
existing high levels of escape spending and anticipated increases in population, retail spending and
forecast growth;
the need and demand can be accommodated, in part, by the proposed development without adversely
affecting the role and function of existing centres. All centres in the network are expected to achieve
growth at least equivalent to the rate of inflation, if not more;
demand for commercial office floor space in the Shire Business Centre (SBC) is limited, with between
1,360m2 and 8,000m2 estimated to be needed between 2013 and 2031;
sufficient land is available on the site to cater for the demand for commercial office floor space, should
it arise. A development scenario has been prepared which illustrates how 15,000m2 of commercial
floor space can be accommodated on the site in a form which is consistent with the requirements of
The Noosa Plan;
the proposed development will directly result in the creation of an additional 800 full time and part time
jobs (net, accounting for any redirected employment), 630 jobs indirectly from its ongoing operation,
430 jobs during construction and an additional 680 jobs being created within the broader economy;
December 2014 Cardno HRP 7
Section 8
Town Planning Report
28 Eenie Creek Road, Noosaville and parts of the road reserves of Hofmann Drive and Walter Hay Drive
trips to other centres as a consequence of the proposed development will be reduced by between
83,000 and 333,000 trips annually. The economic, social and environmental benefits to the community
as a direct result of reduced distances travelled by car and time spent on the road has been calculated
to be $5.46 million (low range) and $21.84 million (high range). The benefits include fuel savings,
vehicle maintenance savings, health and environmental benefits from reduced vehicle emissions,
improved road safety and reduced wear and tear on roads;
the proposed development supports Council’s hierarchy of centres by providing an appropriate level
of additional retail and commercial services within the SBC, in an effort to promote its standing as the
highest-order centre within the Noosa Shire and as a Major Regional Activity Centre (MRAC) under
South East Queensland Regional Plan 2009 – 2031 (SEQRP 2009);
the proposed development serves as a catalyst for future development of the SBC creating the critical
mass necessary for the centre to become a true multi-functional employment node, whilst protecting
the medium- and long-term needs of the SBC by concentrating employment and support business
services in the centre;
the proposed development improves connections within and external to the site, including completing
the internal loop road, introducing a new entrance to the site off the southern roundabout on Walter
Hay Drive and providing a clear and legible pedestrian connection between the existing centre and
the expansion and through to SBC Precinct E6. Wildlife movement through Covenant J to Eenie Creek
is also improved by replacing a low lying flooded culvert;
the proposed development improves public amenity on site though a landscaped arbour along the
northern façade of the existing Noosa Civic, a landscaped Civic Plaza for a wide range of community
activities, vegetated and compartmentalised at-grade car parking nodes and relocated loading and
servicing areas.
Accordingly, we recommend that this development application be considered favourably by Council and the
relevant concurrence agencies, and be approved, subject to lawful conditions.
1.2 Site Details
Site Details
Address 28 Eenie Creek Road, Noosaville and parts of the road reserves of Hofmann Drive and
Walter Hay Drive
RPD Lot 3 on SP246584
Owner QIC Noosa Civic Pty Ltd ACN 153 081 406
The Noosa Plan
Strategy Map Shire Business Centre
Designation Areas of Ecological Significance
(refer to Figure 4 – Planning Scheme Strategy Map)
Zoning Shire Business Centre
Open Space Conservation
(refer to Figure 5 – Zoning Map)
Other Designations SBC Precinct B1 - Business (Retail Centre & Business)
SBC Precinct B2 - Business (Car Parking & Offices)
SBC Precinct B3 - Business (Showroom, Office, Business)
SBC Precinct E1 – Employment (Technology based R&D Business Offices &
Civic)
SBC Precinct E2 – Employment (Educative & Environmental R&D Business &
Offices)
SBC Precinct E4 – Employment (Industry & Business)
SBC Precinct E6 – Employment (Business Offices & Transit)
SBC Precinct E7 – Employment (Business & Offices)
December 2014 Cardno HRP 8
Section 9
Town Planning Report
28 Eenie Creek Road, Noosaville and parts of the road reserves of Hofmann Drive and Walter Hay Drive
SBC Precinct REC/MU – Recreation Mixed Use (Minor recreation/minor mixed
use or open spaces)
SBC Precinct OS1 – Open Space (Environmental)
SBC Precinct OS2 – Open Space (Environmental)
SBC Precinct OS3 – Open Space (Preservation of Visual Amenity)
SBC Precinct OS5 – Open Space (Preservation of Visual Amenity)
SBC Precinct OS7 – Open Space (Environmental Drainage)
(refer to Figure 6 – Noosa Shire Business Centre Map)
Koala Habitat Area
Partly Environmental Protection Area
Partly Environmental Enhancement Area
Partly Watercourses and Drainage Lines and Major Waterbody
(refer to Figure 7 – Biodiversity Overlay Map)
Partly Flood Hazard Area
Partly Area Subject to Minimum Floor Height
(refer to Figure 8 – Natural Hazard: Landslide and Flooding Overlay Map)
Medium Bushfire Hazard Area
Partly High Potential Acid Sulfate Area 0-5m AHD
Partly Low Potential Acid Sulfate Area 5-20m AHD
(refer to Figure 9 – Natural Hazard: Bushfire and Acid Sulfate Soils Overlay
Map)
Public Transport Node
(refer to Figure 10 – Schedule 5 Networks – Map 1 Road, Rail and Air
Transport)
Existing Native Vegetation
(refer to Figure 11 – Schedule 5 Networks – Map 3 Open Space Networks)
Koala Conservation Area
(refer to Figure 13 – Schedule 7 Map – Koala Habitat Areas)
1.3 Application Details
Application Details
Development Type Development Permit for a Material Change of Use for
- Commercial business (Type 1 Office)
- Commercial business (Type 2 Medical)
- Commercial business (Type 3 Veterinary)
- Entertainment and dining business (Type 1 Food and beverages)
- Entertainment and dining business (Type 2 Recreation, amusement and
fitness)
- Entertainment and dining business (Type 3 Bar)
- Education (Type 1 Childcare)
- Education (Type 3 Adult)
- Education (Type 4 Information)
- Open space (Type 1 Sport & recreation)
- Retail Business (Type 2 Shop & Salon)
- Retail Business (Type 4 Showroom)
- Retail Business (Type 7 Garden and Lifestyle Centre)
- Wellbeing (Type 2 Social)
- Service and utility (Type 2 Installation)
- Undefined Use (Temporary Markets)
Development Permit for a Material Change of Use for Road
Development Permit for Operational Work (interference with vegetation)
December 2014 Cardno HRP 9
Section 10
Town Planning Report
28 Eenie Creek Road, Noosaville and parts of the road reserves of Hofmann Drive and Walter Hay Drive
Development Permit for Operational Work (interfering with quarry material on
State coastal land above high water mark within a Coastal Management
District)
Level of Assessment Impact Assessment
Proposal Summary The proposed development involves an expansion of Noosa Civic to the east of the
existing centre. The expansion will be anchored by two (2) supermarkets and a discount
department store.
The expansion involves 22,870m2 GLA of additional and reconfigured retail floor space
and 9,655m2 GFA of mall and back of house area. The proposal involves an additional
1,000 car parking spaces located at ground and undercroft levels.
Access to the proposal is provided by way of a new internal access road to the east and
an extension of Hofmann Drive to the south. Works are required in the road reserve of part
of Hofmann Drive and Walter Hay Drive to connect the proposed internal road works to
the external road network.
A key feature of the proposal is the inclusion of a pedestrian link across Covenant J. The
pedestrian link provides connectivity between the east (proposed expansion) and west
(existing centre) sections of Noosa Civic.
A landscaped arbour is also proposed along the exterior of the existing centre to improve
and soften the interface with the existing car park.
Clearing of existing on-site vegetation is also proposed as part of the development.
Further detail is shown in Appendix B – Architectural Drawings and Architectural
Design Report and Appendix P – Arbour Architectural Drawings.
Defined Land Use Commercial business (Type 1 Office)
Commercial business (Type 2 Medical)
Commercial business (Type 3 Veterinary)
Entertainment and dining business (Type 1 Food and beverages)
Entertainment and dining business (Type 2 Recreation, amusement and fitness)
Entertainment and dining business (Type 3 Bar)
Education (Type 1 Childcare)
Education (Type 3 Adult)
Education (Type 4 Information)
Open space (Type 1 Sport & recreation)
Retail Business (Type 2 Shop & Salon)
Retail Business (Type 4 Showroom)
Retail Business (Type 7 Garden and Lifestyle Centre)
Wellbeing (Type 2 Social)
Service and utility (Type 2 Installation)
Undefined Use (Temporary Markets; Road)
Referral – Concurrence Department of State Development, Infrastructure and Planning (State Assessment and
Referral Agency)
Coastal Management District matters (Schedule 7, Table 2, Item 13)
State Transport Infrastructure matters (Schedule 7, Table 3, Item 2)
Coastal Management District matters (Schedule 7, Table 3, Item 5)
Referral – Advice Energex Limited
Electricity Easement matters (Schedule 7, Table 3, Item 7)
Applicant QIC Noosa Civic Pty Ltd
Applicant’s Mr Steve Reynolds / Mr Trent Forrest
Representative Cardno HRP
Level 11, Green Square North Tower, 515 St Pauls Terrace
FORTITUDE VALLEY QLD 4006
Tel. (07) 3310 2366
E. [email protected]
Reference 12BR037A
December 2014 Cardno HRP 10
Section 11
Town Planning Report
28 Eenie Creek Road, Noosaville and parts of the road reserves of Hofmann Drive and Walter Hay Drive
2 Introduction
This Town Planning Report accompanies a development application over land located at 28 Eenie Creek
Road, Noosaville and parts of the road reserves of Hofmann Drive and Walter Hay Drive (refer to Figure 1 –
Location Plan and Figure 2 – Site Plan).
The applicant, QIC Noosa Civic Pty Ltd, proposes to expand Noosa Civic to the east of the existing centre.
The proposed expansion will be anchored by two (2) supermarkets and a discount department store and will
involve the provision of 22,870m2 GLA of additional and reconfigured retail floor space and 9,655m2 GFA of
mall and back of house area. The proposal involves an additional 1,000 car parking spaces, a new internal
access road to the east and extending Hofmann Drive through to Walter Hay Drive. A pedestrian link will
connect the existing centre to the proposed development. A landscaped arbour will be erected along the front
of the existing centre. Clearing of existing on-site vegetation is also proposed.
Section 4 – The Proposed Development of this report together with Appendix B – Architectural Drawings
and Architectural Design Report and Appendix P – Arbour Architectural Drawings provide more detailed
information with regard to the design of the proposed development.
To undertake the proposed development, QIC Noosa Civic Pty Ltd seeks the following:
a Development Permit for a Material Change of Use for Commercial business (Type 1 Office),
Commercial business (Type 2 Medical), Commercial business (Type 3 Veterinary), Entertainment and
dining business (Type 1 Food and beverages), Entertainment and dining business (Type 2 Recreation,
amusement and fitness), Entertainment and dining business (Type 3 Bar), Education (Type 1
Childcare), Education (Type 3 Adult), Education (Type 4 Information), Open space (Type 1 Sport &
recreation), Retail Business (Type 2 Shop & Salon), Retail Business (Type 4 Showroom), Retail
Business (Type 7 Garden and Lifestyle Centre), Wellbeing (Type 2 Social), Service and utility (Type
2 Installation), and Undefined Use (Temporary Markets);
a Development Permit for a Material Change of Use for Road
a Development Permit for Operational Work (interference with vegetation); and
a Development Permit for Operational Work (interfering with quarry material on State coastal land
above high water mark within a Coastal Management District).
The proposal is assessable development under The Noosa Plan which is the planning scheme for the Noosa
Shire local government area. The planning scheme identifies an impact assessable development application
is required in this instance.
Section 314 of the Sustainable Planning Act 2009 (SPA) prescribes the requirements for impact assessment.
Section 6 – Summary of Compliance of this report provides a summary of the proposed development’s
compliance with the applicable provisions of the relevant planning framework.
Appendix A – Statement of Code Compliance to this report contains a complete assessment of the
proposed development against the applicable criteria of the codes of the planning scheme.
December 2014 Cardno HRP 11
Section 12
Town Planning Report
28 Eenie Creek Road, Noosaville and parts of the road reserves of Hofmann Drive and Walter Hay Drive
3 Site Details and Characteristics
3.1 Site Details
3.1.1 Location
The site is located at 28 Eenie Creek Road and parts of the road reserve of Hofmann Drive and Walter Hay
Drive, Noosaville (refer to Figure 1 – Location Plan) and is referred to as Noosa Civic (refer to section 3.2.1
of this report). The site forms part of the SBC.
The site is situated within the Noosaville locality and is located approximately 26 kilometres north of the
Maroochydore Principal Regional Activity Centre.
3.1.2 Real Property Description
Part of the site is described as Lot 3 on SP246584, County of March, Parish of Tewantin.
For further details, a copy of the current title search and survey plan is included as Appendix M – Certificate
of Title, Survey Plan and Easement Documents to this report.
3.1.3 Shape, Size and Ownership
The site is irregular in shape. This shape is heavily influenced by road development within the vicinity of the
site, with the alignment of Eenie Creek Road, Hofmann Drive and Walter Hay Drive influencing the shape of
the site.
The total area of the site is approximately 317,300m² plus approximately 938m2 for the road reserve area.
QIC Noosa Civic Pty Ltd is the registered owner of Lot 3. The Department of Natural Resources and Mines
for the State of Queensland is the owner of the Hofmann Drive and Walter Hay Drive road reserves.
For further detail refer to Appendix M – Certificate of Title, Survey Plan and Easement Documents to this
report.
3.1.4 Easements
The site is affected by a number of easements.
Complete copies of the easement documents are included as Appendix M – Certificate of Title, Survey
Plan and Easement Documents to this report.
The following table summarises these easements:
Easement Number Land Burdened Land Benefited Purpose
602533547 Lot 3 on SP246584 N/A Electricity Supply
Easement D on RP177294 (Energex Limited)
602533554 Lot 3 on SP246584 N/A Water Supply
Easement W on (Noosa Shire Council)
RP844425
710212346 Lot 3 on SP246584 N/A Drainage
Easement E on SP167978 (Noosa Shire Council)
710227520 Lot 3 on SP246584 N/A Sewerage
Easements P and S on (Noosa Shire Council)
SP182880
710227521 Lot 3 on SP246584 N/A Water Supply and
Easements Q and R on Sewerage
SP182880 (Noosa Shire Council)
710227522 Lot 3 on SP246584 N/A Drainage
Easements U and V on (Noosa Shire Council)
SP182880
December 2014 Cardno HRP 12
Section 13
Town Planning Report
28 Eenie Creek Road, Noosaville and parts of the road reserves of Hofmann Drive and Walter Hay Drive
Easement Number Land Burdened Land Benefited Purpose
710227524 Lot 3 on SP246584 N/A Electricity Services
Easements M and N on (Energex Limited)
SP192396
713367157 Easement BE on SP182878 Lot 3 on SP246584 Drainage
713731495 Easement BD on SP167984 Lot 3 on SP246584 Access
3.1.5 Statutory Covenant
In addition to the above, the site is affected by a statutory covenant made between Mirose Pty Ltd and the
Noosa Shire Council pursuant to the Land Title Act 1994.
The covenant is referenced as Covenant No. 710227518 over parts of Lot 3 on SP246584, and described as:
Covenant I in Lot 2 on SP182845;
Covenant J in Lot 2 on SP182845;
Covenant K in Lot 2 on SP182845; and
Covenant L in Lot 2 on SP182845.
The covenanted areas are shown on the survey plan SP182845, but broadly (not precisely) correspond with
the following areas:
Covenant I is in Precinct OS3;
Covenant J is in Precinct OS7;
Covenant K is in Precinct OS5; and
Covenant L is in Precinct OS2.
The covenant provides:
“1. Purpose
This Covenant is entered into between the Covenantor and Covenantee pursuant to sections
94A(3)(b)(i) and 97(A)(3)(b) of the Land Title Act 1994 for the purpose of the preservation of the
existing native vegetation in the lots described in Item 2 of the Form 31 Covenant.
2. Interpretation
The Covenantor and Covenantee agree that the intent of this Covenant is to ensure that the Native
Vegetation on the Native Vegetation Area is maintained, and the Covenantor and Covenantee
agree that this Covenant is to be interpreted, performed and applied accordingly.”
A copy of the covenant documentation is provided at Appendix M - Certificate of Title, Survey Plan and
Easement Documents.
3.2 Site Characteristics
3.2.1 Current Use of the Site
Part of the site has been developed with a shopping centre, together with retail showrooms, commercial office
space and a service station. The existing centre, known as Noosa Civic, opened in October 2006 and
comprises:
a discount department store based shopping centre, including a service station, with retail shop floor
space of 18,585m2 Total Use Area (TUA);
the Emporium retail showrooms development with 7,056m2 TUA;
commercial office space of 5,000m 2 TUA; and
associated servicing, carparking and other development infrastructure.
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For further details, refer to Section 3.2.9 Current Approvals and Figure 3 – Aerial Photograph.
3.2.2 Road Frontages, Site Access, Servicing and Parking
The site is located to the south-west of the Eenie Creek Road and Walter Hay Drive intersection. The site
includes an approximate 180 metre frontage to Eenie Creek Road to the north and an approximate 950 metre
frontage to Walter Hay Drive to the north-east and east. The site also includes an approximate 650 metre
frontage to Hofmann Drive to the west.
The site currently includes four vehicular access points. The first is located to the east on Walter Hay Drive.
Access arrangements at this location include a three-legged roundabout, with two legs forming Walter Hay
Drive and the third providing access to the site. Pedestrian access is also provided at this location via a
concrete footpath. This site entry point allows access to existing car parking via an internal access road which
is located in an east-west alignment across the site. This access road connects in the west to the site’s second
access point on Hofmann Drive, which is also formed by a three-legged roundabout. Pedestrian access, via a
concrete footpath, is also provided at this location.
Two additional access points are provided from Hofmann Drive, the first located to the south of the internal
access road. This access point is a non-signalised “T” intersection and provides vehicular access to car parking
areas. The fourth access point is located in the south-west of the site and is formed by a four-legged
roundabout at the intersection of Hofmann Drive and Rene Street. This location provides access to the on-site
servicing area at the rear of the main building.
Servicing areas are provided at the rear of the main building and the rear of the Emporium building. The
Emporium servicing areas are accessed from the internal access road which runs from Hofmann Drive in the
west to Walter Hay Drive in the east. The main building’s servicing areas are broken into two parts, with the
western part being accessed from the fourth access point and the eastern part being accessed from the internal
access road.
At grade car parking areas are generally located within the centre of the site and are bounded by the major
retail buildings.
Please refer to Appendix D – Traffic Impact Assessment for further information on the existing access,
parking and servicing arrangements.
3.2.3 Significant Flora and Fauna and Waterway Values
That part of the site upon which the existing Noosa Civic has been constructed has been extensively cleared
and developed.
The area of the site on which the proposed development is to be constructed is currently vegetated. This
vegetation is identified as being Category X vegetation, being vegetation which is not regulated under the
Vegetation Management Act 1999 (VMA). It does not contain vegetation which is identified as essential habitat
under the VMA.
With the exception of the Koala (Phascolarctos cinereus), there are no species listed as threatened under the
Nature Conservation Act 1992 (NCA) or the Environment Protection and Biodiversity Conservation Act 1999
(Cth) (EPBC Act).
Potential habitat for the Elf Skink (Eroticoscincus graciloides), identified as vulnerable under the NCA, is listed
as being located on the site.
The site is mapped as being located in a Koala Assessable Development Area under the South East
Queensland Koala Conservation State Planning Regulatory Provisions, containing medium value bushland
habitat and low and medium value rehabilitation areas as well as some areas generally unsuitable for koala
habitat. An ecological assessment conducted by Cardno determined that approximately 3,118 koala habitat
trees will be affected by clearing associated with the development footprint of the proposed development.
The SEQRP 2009 identifies Noosa as one of a number of general locations of major koala populations.
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The site is mapped, for the purposes of the State Planning Policy, as containing Matter of State Environmental
Significance (MSES) – Wildlife Habitat, MSES – Regulated Vegetation (intersecting a watercourse) and MSES
- Wetlands (palustrine, estuarine and lacustrine). The wetlands are also mapped as referrable wetlands of
general ecological significance for the Environmental Protection Act 1994 (EPA). These wetlands and
regulated vegetation intersecting a watercourse are not located within that area of the site the subject of the
proposed development and are located proximate to the roundabout at the intersection of Hofmann Drive and
Rene Street. The site is within the Coastal Management District.
An unnamed watercourse is mapped as being located on part of the site adjacent to the roundabout at the
intersection of Hofmann Drive and Rene Street. Eenie Creek is located on an adjacent property to the south
of the site and flows to Lake Weyba to the east.
The site is situated approximately 2.4km west of Lake Weyba and 2km south of the Noosa River Wetlands,
two areas identified as nationally important wetlands in the Directory of Important Wetlands in Australia.
The Noosa Plan identifies the site partly as an Environmental Protection Area and partly as an Environmental
Enhancement Area (refer to Figure 7 – Biodiversity Overlay Map).
Refer to Appendix F – State and Local Government Ecological Assessment of this report for further
details.
3.2.4 Topography
The site is generally flat to gently sloping, with the natural ground level varying between RL 5.3m and RL 8.3m.
3.2.5 Site Contamination
The site is not included on the Contaminated Land Register (CLR).
The site is included on the Environmental Management Register (EMR). The site is identified as having been
subdivided from a larger site (Lot 2 on SP182880) which was subject to a Notifiable Activity, identified as a
Service Station. The service station is now located on the site.
A copy of the CLR and EMR search extract for the site is included as Appendix N – ELR/CLR Search Extract
of this report.
3.2.6 Heritage
The site is not identified as a heritage site of local significance and is not included on the Queensland Heritage
Register pursuant to the Queensland Heritage Act 1992.
Further, the site is not listed on the Aboriginal and Torres Strait Islander Cultural Heritage Database or the
Aboriginal and Torres Strait Islander Cultural Heritage Register maintained by the Department of Aboriginal
and Torres Strait Islander and Multicultural Affairs.
Refer to Appendix O - Aboriginal and Torres Strait Islander Cultural Heritage Register Extract.
3.2.7 Flooding
The site is mapped, for the purposes of the State Planning Policy, as being within a Flood Hazard Area - Level
1 - Queensland floodplain assessment overlay.
A small area of the site, near the southern boundary, is identified by The Noosa Plan as being located within
the Flood Hazard Area.
For further details, refer to Figure 8 – Natural Hazard: Landslide and Flooding Overlay Map.
3.2.8 Bushfire Hazard Area
The State Planning Policy maps the area within which development is proposed as being within a bushfire
hazard area, of very high or high potential intensity. Part of the site, aligning broadly with the western extent
of the existing Noosa Civic, is mapped as being within a potential bushfire impact buffer area.
The site is identified by The Noosa Plan as being located within the medium bushfire hazard area.
For further details, refer to Figure 9 – Natural Hazard: Bushfire and Acid Sulfate Soils Overlay Map.
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3.2.9 Existing Infrastructure Services
The site is presently serviced with reticulated mains water, electricity, telecommunications, stormwater
drainage and sewerage.
3.2.10 Surrounding Land Use
The site is situated in the southern part of the suburb of Noosaville, which is located in the south-eastern part
of the Noosa Shire.
To the immediate west of the site is a major industrial precinct, concentrated along Eumundi Road, Rene
Street and Lionel Donovan Drive.
The canal estate of Noosa Waters is situated north of site, and beyond is the urban residential area of
Noosaville, which focuses on the Noosa River. This location contains sporting fields and community theatre
facilities along Weyba Road, a caravan and camping park at Munna Point, a scout den and grounds along
Gibson Road, as well as shopping facilities and restaurants adjacent to the Noosa River.
The Noosa Hospital is situated north-west of the site on Goodchap Street, along with adjacent sporting and
cultural facilities, including the Council library, at Wallace Park Estate.
To the east of the site is the North Weyba section of the Noosa National Park and Lake Weyba. This area is
heavily vegetated and largely undisturbed.
At a broader scale, the site is located in close proximity to the following areas and facilities:
Tewantin, which is situated approximately 2km north-west;
Noosa Village Shopping Centre, which is situated approximately 2km north-east;
Sunshine Motorway, which is approximately 3.7km south;
Noosa Junction, which is situated approximately 4.5km north-east;
Hastings Street and Laguna Bay, which are situated approximately 5km north-east; and
Maroochydore, which is situated approximately 26km south.
For further details, refer to Figure 3 – Aerial Photograph and Figure 5 – Zoning Map.
3.2.11 Existing Approvals
The site is affected by a number of current uses and approvals.
The development approval for Noosa Civic Stage One comprises a Negotiated Decision Notice issued by
Noosa Shire Council on 14 August 2003, as amended on 17 March 2005 and 13 April 2006.
A development approval was issued by Noosa Shire Council in 2007 for a Development Permit for Operational
Work (Advertising Pylon Signs) (Council Ref. 2006/0893). The approval authorised the erection of advertising
pylon signs on site, being Entrance Pylon Signs (10m) and a Showroom Pylon Sign (5m). The signs have
been constructed on site.
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4 Proposed Development
4.1 Application Particulars
Application Particulars
Development Type Development Permit for a Material Change of Use for
- Commercial business (Type 1 Office)
- Commercial business (Type 2 Medical)
- Commercial business (Type 3 Veterinary)
- Entertainment and dining business (Type 1 Food and beverages)
- Entertainment and dining business (Type 2 Recreation, amusement and
fitness)
- Entertainment and dining business (Type 3 Bar)
- Education (Type 1 Childcare)
- Education (Type 3 Adult)
- Education (Type 4 Information)
- Open space (Type 1 Sport & recreation)
- Retail Business (Type 2 Shop & Salon)
- Retail Business (Type 4 Showroom)
- Retail Business (Type 7 Garden and Lifestyle Centre)
- Wellbeing (Type 2 Social)
- Service and utility (Type 2 Installation)
- Undefined Use (Temporary Markets)
Development Permit for a Material Change of Use for Road
Development Permit for Operational Work (interference with vegetation)
Development Permit for Operational Work (interfering with quarry material on
State coastal land above high water mark within a Coastal Management
District)
Level of Assessment Impact Assessment
Defined Land Use Commercial business (Type 1 Office)
Commercial business (Type 2 Medical)
Commercial business (Type 3 Veterinary)
Entertainment and dining business (Type 1 Food and beverages)
Entertainment and dining business (Type 2 Recreation, amusement and fitness)
Entertainment and dining business (Type 3 Bar)
Education (Type 1 Childcare)
Education (Type 3 Adult)
Education (Type 4 Information)
Open space (Type 1 Sport & recreation)
Retail Business (Type 2 Shop & Salon)
Retail Business (Type 4 Showroom)
Retail Business (Type 7 Garden and Lifestyle Centre)
Wellbeing (Type 2 Social)
Service and utility (Type 2 Installation)
Undefined Use (Temporary Markets)
Referral – Concurrence Department of State Development, Infrastructure and Planning (State Assessment and
Referral Agency)
Coastal Management District matters (Schedule 7, Table 2, Item 13)
State Transport Infrastructure matters (Schedule 7, Table 3, Item 2)
Coastal Management District matters (Schedule 7, Table 3, Item 5)
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Referral – Advice Energex Limited
Electricity Easement matters (Schedule 7, Table 3, Item 7)
4.2 Proposal Description
The proposed development involves an expansion of Noosa Civic to the east of the existing centre. The
expansion incorporates two (2) supermarkets, a discount department store, three mini-major outlets, 44
specialty stores, five food outlets, three restaurants and eight kiosks. The proposal includes a new pedestrian
link connecting the proposed expansion and the existing centre to the west. This link is discussed in greater
detail in Section 4.5 of this report. The link will result in the reconfiguration of the eastern extent of the existing
centre, resulting in the provision of new floor space associated with existing minor major, specialty and food
uses.
The primary component of the proposal is a ground floor level characterised by a primary north-south
orientated mall. The mall provides the main entry to the expansion at its northern end, which is bordered by
the proposed restaurants to the west. The climate control line for the internal component of the expansion is
located at this juncture, ensuring a significant component of the expansion is externally focussed. A multi-use
area is also included above the proposed restaurant tenancies, forming an effective mezzanine level. The use
of this area is yet to be determined and flexibility is sought with regard to future use.
The northern end of the mall also provides the junction between the mall and the pedestrian link, which
connects internally through a smaller mall perpendicular to the primary mall. To the north of the main entry is
a Civic Plaza, which extends from the axis of the primary mall, providing strong connectivity between indoor
and outdoor spaces. The Civic Plaza provides a landscaped community space adjacent to the primary
vehicular entry to the expansion. To the north-east of the main pedestrian entry is an area of car parking which
is available for use for temporary markets and other civic purposes as required.
At the southern end of the mall are two supermarket tenancies. The two supermarkets are of differing sizes,
with the larger of the two located at the immediate end of the mall, while the smaller supermarket is located to
the west. At the southern end of the mall, a smaller mall is provided to the east, which provides a secondary
entry to the expansion. This entry is bordered by specialty stores.
A discount department store is located to the west of the primary mall, with a smaller mall located near the
centre of the primary mall providing access to the discount department store. Specialty stores and mini-majors
border the primary mall to the east and west.
The proposal involves the clearing of existing vegetation to accommodate the expansion.
Improvements to the frontage of the existing centre are proposed as part of the development, with an arbour
to be included along the northern façade of the centre to provide additional softening of the existing built form.
Alterations to the existing internal road layout will not occur in this area as a result of the proposed arbour.
Further detail is shown in Appendix B – Architectural Drawings and Architectural Design Report and
Appendix P – Arbour Architectural Drawings.
4.3 Design Intent
The Buchan Group has developed an architectural response to the site’s characteristics and locality which is
intended to connect employees and visitors with the surrounding natural environment by merging natural and
built forms. This approach has been taken in order to increase appreciation of the existing natural environment
and is achieved through a number of design elements.
The built form is screened from view by mature native vegetation, allowing built elements to blend into the
predominately natural setting. The screening also allows key points of arrival to emerge through the trees as
an entrance is made, reinforcing the proposal’s strong linkages with the surrounding environment.
The limited impact of the proposal on the natural setting is reinforced by the location and design of car parking,
where at grade parking is minimised, and where provided, is densely landscaped and provided in clusters to
prevent the appearance of large spaces devoid of natural elements.
The design of the built form also contributes to the promotion of the immersion within the natural environment,
with lightweight elements used throughout the proposal, particularly at the edges of the form, to “feather”
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buildings into the natural environment. Provided civic and dining spaces further promote the enjoyment of the
unique natural environment Noosa provides.
The embracing of key elements of “Noosa style” is also a key driver in the design of the proposal. “Noosa
style” is discussed in greater detail in Appendix I – Visual Amenity / Landscape Integration Report.
Further information about the design intent for the proposal is also provided in the design statement provided
in Appendix B – Architectural Drawings and Architectural Design Report and Appendix P – Arbour
Architectural Drawings.
4.4 Floor Area
The below table summarises the floor area proposed as part of the development. The proposal will result in
the reconfiguration of existing retail space as a result of the construction of the new pedestrian link and this
is also noted in the below table.
Use Tenancies Total Floor Area
Expansion
Discount Department Store 1 5,400m2 GLA
Supermarket 1 1 1,550m2 GLA
Supermarket 2 1 4,000m2 GLA
Mini Majors 3 3,550m2 GLA
Specialty 44 5,840m2 GLA
Food 5 310m2 GLA
Restaurant 3 900m2 GLA
Kiosk 8 250m2 GLA
Multi-Use Area N/A 430m2 GLA
Back of House/Storage N/A Retail Level: 2,105m2 GFA
Undercroft Level: 790m2 GFA
Mall N/A Climate Controlled: 4,530m2 GFA
Not Climate Controlled: 2,150m2 GFA
Reconfiguration
Mini Major 1 Reconfigured: 990m2 GLA
New: 700m2 GLA
Specialty 8 Reconfigured: 150m2 GLA
New: 670m2 GLA
Food 4 Reconfigured: 290m2 GLA
New: 240m2 GLA
Gym 1 New: 460m2 GLA
Back of House/Storage N/A New: 70m2 GFA
Mall N/A New: 10m2 GFA (Not Climate Controlled)
4.5 Proposed Uses
The applicant seeks to allow for flexibility in the use of the proposed expansion, in line with the intent of the
development to provide a mixed use expansion of the existing Noosa Civic. The proposal plans provided in
Appendix B – Architectural Drawings and Architectural Design Report show the provisional layout of the
internal space, incorporating two supermarkets, a discount department store, specialty, food, restaurant and
kiosk outlets and mini majors. While the mall structure depicted is intended to remain throughout the life of the
expansion, the internal layout and configuration of tenancies, particularly smaller specialty tenancies, is
intended to adapt to the changing needs of a range of users that may tenant the space.
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The proposed development seeks to incorporate a range of land uses that are consistent with the nature of
the existing Noosa Civic and the range of uses traditionally found in a centre of the style proposed. Uses which
may occupy the tenancies of the expansion include (but are not limited to) uses such as traditional shops,
larger format showrooms, banks, travel agents, medical centres and pharmacies, child minding services,
libraries, information centres and food outlets including small bars, restaurants and cafes.
The proposed development particularly seeks flexibility in relation to the use of the multi-use area, which may
be subject to short-term hire arrangements for uses such as adult education and training or community/charity
events.
The proposal seeks to allow the at grade car parking area to the east of the Civic Plaza to be used for temporary
market purposes.
The use of the site for a substation, related to the expansion, is also proposed.
4.6 Parking, Access, Circulation and Servicing
Cardno has undertaken a traffic engineering assessment of the proposed development to determine the
appropriateness of proposed access, circulation and service vehicle arrangements.
Details of the assessment are provided in Appendix D – Traffic Impact Assessment Report to this report.
A summary of the findings of this report are provided below.
4.6.1 Car Parking
The proposal involves an additional 1,000 car parking spaces, the majority of which are located in an undercroft
level (690 spaces), with the remainder in three areas at ground level (120 spaces, 90 spaces and 100 spaces)
in front of the proposed development in the eastern corner of the site.
No parking will be provided along the internal road network or Walter Hay Drive.
Proposed car parking supply includes a total of 24 accessible spaces (8 ground, 16 undercroft), located in
close proximity to the building entries.
4.6.2 Circulation and Access and Servicing
The proposed development involves the expansion of the existing internal road network through the extension
of Hofmann Drive as an internal public road to the south of the expansion, to connect to Walter Hay Drive in
the east, and the construction of a new internal private access road to the east of the expansion. These works
complete the internal loop road within the SBC to link the individual precincts which comprise the SBC. New
roundabouts will be constructed at either end of the new eastern access road, at its intersections with the
extended Hofmann Drive and the existing internal road network. Both new roads have a single lane of traffic
in each direction separated by a landscaped median.
The proposed expansion is provided with seven vehicular access locations which are summarised in the below
table.
Road Frontage Number Location on Frontage Access Type Purpose
Hofmann Drive 1 Western extent Left in, Left Servicing access
out
2 Near centre All directions Undercroft car parking access
Eastern Internal 3 Southern extent Left in, Left Servicing access
Access Road out
4 South of centre All directions Ground level car parking access
5 Near centre All directions Undercroft car parking access
6 North of centre All directions Ground level car parking access
7 New northern roundabout Roundabout Ground level car parking access
(western leg) (all directions)
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The proposed vehicular access locations are illustrated in the figure below, which has been extracted from the
Traffic Impact Assessment Report prepared by Cardno included as Appendix D to this report:
Internal vehicular circulation is accommodated by a new network of internal roads. At ground level a road runs
from access point 6 to access point 7 past the main pedestrian entry. Another internal road runs from access
point 4 along the eastern side of the expansion to connect with the abovementioned road at the north-eastern
corner of the expansion. Circulation aisles are provided throughout parking areas to connect to internal roads.
At the undercroft level the two access points (2 and 5) connect to a grid system of circulation aisles.
4.6.3 Servicing
The proposed development incorporates two new servicing areas associated with the expansion. The larger
of the two areas is located in the south-west of the expansion and is accessed from the extended Hofmann
Drive. This servicing area provides loading access to the two supermarkets, the discount department store
and a communal loading area for other floor space in the expansion. The second servicing area is located in
the south eastern corner of the expansion and is accessed from the new eastern internal road. This servicing
area provides communal loading facilities.
The proposal also involves the modification of the existing Noosa Civic servicing arrangements, presently
located to the south of the existing centre. These arrangements include two loading areas, one located to the
east of the existing discount department store tenancy and the other to the west of this tenancy. The eastern
area is accessed from the existing car park to the north, while the western area is accessed from the Rene
Street/Hofmann Drive roundabout. As a result of the construction of the proposed pedestrian link and the
reconfiguration of the eastern end of Noosa Civic, access to the eastern servicing area will no longer be
possible from the existing car park. A new servicing lane is proposed to be constructed to the south of the
existing discount department store, allowing access to the eastern servicing area from the western servicing
area.
The below table summarises the servicing arrangements proposed.
Location Loading Bays
Expansion - South-Western Area 3 service bays accommodating up to RCV
7 service bays accommodating up to AV
Expansion - South-Eastern Area 3 service bays accommodating up to LRV
Existing (Reconfigured) - Eastern Area 6 service bays accommodating up to LRV
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Location Loading Bays
Existing (Reconfigured) - Western Area 6 service bays accommodating up to AV
4.6.4 Pedestrian Access and Bicycle Parking
A network of cycle and pedestrian pathways is presently provided throughout the site and along the
surrounding external road network. This network will be expanded as part of the proposal to provide linkages
between the expansion and the internal road network, existing centre, public transport stop and existing and
proposed car parking areas. At undercroft level, a central pedestrian pathway with pedestrian crossings linking
to the two pedestrian entries is provided.
Bicycle lanes will be provided on new internal access roads, including the extended Hofmann Drive and the
eastern access road.
The proposed development will also provide end of trip bicycle facilities for employees and visitors. Visitor
bicycle parking is provided to the east of the northern entry to the expansion, while employee facilities will be
provided within the building. Cardno recommend the provision of the following facilities:
23 lockable visitor bicycle spaces;
40 secure employee bicycle spaces;
20 employee individual lockers; and
4 shower cubicles and supporting areas.
4.6.5 Public Transportation
Noosa Civic is presently provided with a public transport stop, located at the front of the existing centre. The
following bus routes service this bus stop:
Bus Route 622 which services Noosa Heads, Peregian Springs, Coolum Beach, Marcoola and
Maroochydore;
Bus Route 628 which services locations including Noosa Heads, Noosaville and Tewantin; and
Bus Route 629 which services locations including Noosa Heads, Noosaville and Tewantin.
The proposed development will utilise these existing public transport services.
4.7 Pedestrian Link
The proposed development includes a 12 metre wide pedestrian link across Covenant J, which is located
between the existing centre and the proposed expansion. The pedestrian link is roofed and partially enclosed,
with operable sun and air control devices on the southern side for weather protection and climate control.
The pedestrian link is intended to provide a space for pedestrian movement and passive recreation. Seating
is proposed within the pedestrian link, to allow the retained vegetation within the covenant to be viewed and
appreciated by pedestrians. The design is intended to provide a sense of immersion within the vegetated area.
The pedestrian link does not include any retail floor space or tenancies.
Covenant J is retained as part of the proposal and will continue to separate the existing centre from the
expansion. The pedestrian link involves minimal intrusion into the covenant area, being formed by an elevated
structure spanning the covenant area. Two columns are proposed in the centre of the structure for support.
Areas of the covenant shaded by the pedestrian link will be improved as a habitat space with logs and rocks.
A Covenant Interface Management Plan (CIMP) has been prepared by Cardno (refer to Appendix G to this
report) to ensure the interface between the proposed expansion and the retained vegetation in Covenant J is
appropriately managed to avoid adverse impacts on natural values. The management plan includes targets
relating to weed control, native vegetation retention, bushfire, wildlife and management. Each target is
supported by actions, tasks, performance indicators, monitoring and review actions, corrective actions and
responsibilities.
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4.8 Landscaping
A landscape concept has been prepared for the proposed expansion by Cardno (refer to Appendix C to this
report). It follows a broader strategy to integrate natural landscape throughout the SBC so the built form on
the site is immersed into a natural bushland setting.
The landscape concept identifies the following primary components:
the retention of a layer of vegetation between the internal loop road and the expansion area;
new native tree plantings throughout the expansion;
a Civic Plaza area improved with a feature play/art space, open grassed area, boardwalk, planted
arbour, artwork elements, informal seating and path zone and retained and enhanced native plantings;
shade tree planting in car park areas as part of new bio-retention basins;
shade tree, low native tree and low native ground cover plantings in central medians of proposed
internal access roads;
a pedestrian walkway linking the Civic Plaza to the expansion;
similar pavement finishes between vehicular and pedestrian areas at the north of the centre to promote
expanded pedestrian movement;
retained vegetation surrounding Covenant J; and
a concrete pedestrian path to the north of Covenant J linking the expansion and the existing centre.
4.9 Infrastructure Services and Stormwater Management
4.9.1 Water, Sewer and Electricity
An Engineering Report has been prepared by Cardno for the proposed expansion (refer to Appendix E to this
report).
The Engineering Report provides an assessment of the proposal’s ability to be provided with sufficient
services, including connections to water, sewer and electricity networks.
In relation to water and sewer infrastructure, the report finds that the existing network provides sufficient
capacity to support the proposed expansion.
In relation to the electricity network, the report finds that electricity connection to the proposed development
may be provided through the extension of the existing 11kV network or through the establishment of a new
11kV connection from the closest substation. Approval has been sought in this application for Service and
utility (Type 2 Installation), which includes a substation.
4.9.2 Excavation and Filling
The Engineering Report provides a discussion of matters relating to excavation and filling proposed, including
acid sulfate soil, groundwater and earthwork management matters.
The report identifies that previous investigations undertaken across the site (as part of the existing Noosa Civic
development) found that there was negligible probability of the occurrence of potential acid sulfate soils. The
report however notes that an area associated with stormwater management adjacent to the undercroft car
park will include excavating a volume in excess of 100m 3 below 5mAHD and therefore an acid sulphate soils
investigation will be required to be undertaken prior to the commencement of any site earthworks.
In relation to groundwater, the report also finds that, based on previous assessments, any issues associated
with groundwater will not be significant.
The report identifies that the proposed earthworks will be undertaken using standard construction methods
and conventional equipment.
The report also includes a Construction Environmental Management Plan and an Erosion and Sediment
Control Plan which are to be implemented during construction.
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4.9.3 Stormwater
The Engineering Report also includes a Stormwater Management Plan (SMP).
The SMP considers matters relating to both stormwater quantity and quality.
In relation to quantity, storage will be provided within the at-grade car park areas in front of the expansion. In
the south-western corner of the expansion area adjacent to the undercroft car park and servicing areas a
detention basin will be constructed to mitigate stormwater flow. The SMP finds that this combination of storage
provides sufficient capacity to prevent adverse flooding impacts external to the site.
In relation to quality, the proposed development will incorporate bioretention treatment areas within the
landscaped areas of the at grade car parking areas and a larger bioretention treatment area to the south-west
of the expansion. The SMP also includes the possible provision of a 300KL rainwater tank to capture roof
water and allow for its reuse as part of the proposed development. The SMP finds that with or without the
rainwater tank, relevant stormwater quality objectives are achieved.
4.10 Ecology
A State and Local Ecological Assessment has been undertaken by Cardno (refer to Appendix F to this report).
The report considers the ecological (flora and fauna) impacts of the vegetation clearing proposed as part of
the expansion, the construction of the pedestrian link over Covenant J and the extension of Hofmann Drive
(part of which will occur within Covenant J). The expansion will result in the clearing of a total of 7.5ha of land,
which includes approximately 7.2ha of koala medium value bushland habitat and medium value rehabilitation
habitat that supports approximately 3,118 non-juvenile koala habitat trees. The report considers both state and
local impacts in its assessment.
The assessment undertaken finds that the area of the site to which the proposed expansion relates includes
the following ecological values:
regrowth vegetation, with few remnant trees;
planted landscaped areas;
a small area of potential habitat for the Wallum Froglet and Wallum Sedgefrog;
koala habitat trees;
habitat for a diversity of species; and
potential habitat for the Elf Skink.
The report identifies the direct impacts of the proposed clearing on these values as the loss of regrowth
vegetation and habitat or potential habitat for a range of species including the Koala and Elf Skink.
The report identifies potential indirect impacts, including changes in hydrology or subsequent clearing as a
result of proximity of development to retained trees.
The report identifies a number of mitigation measures which will be implemented to reduce the impact of the
proposal. These include design considerations such as:
the elevation of the pedestrian link and upgrading a low lying flooded culvert to enable greater wildlife
movement through Covenant J to Eenie Creek to the south;
the design of stormwater infrastructure to not change local hydrology;
the elevation of the extended servicing arrangements around the southern side of the existing Noosa
Civic on a podium to reduce impacts on potential Wallum Froglet habitat;
the minimisation of tree clearing in the Covenant J area; and
the retention of existing native trees in car parking and circulation areas.
The report identifies a number of ongoing mitigation measures which will be implemented during the
construction and operation of the expansion, including the adoption of the Construction Environmental
Management Plan (refer to Appendix E – Engineering Report) and the CIMP (refer to Appendix G).
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To the extent that the impacts are unavoidable, an offset will also be provided for the clearing of koala habitat
trees in accordance with the Queensland Environmental Offset Policy 2014, which will also act to offset the
impacts of clearing on other MSES. Provision of an offset under the Environmental Offset Policy 2014 will also
compensate for local environmental impacts (matters of local environmental significance).
4.11 Bushfire Management
A Bushfire Assessment Report has been prepared by Cardno (refer to Appendix H to this report) for the
proposed development, which considers the likely bushfire risk to the proposed expansion and the adequacy
of bushfire mitigation measures.
The assessment determines that the proposed expansion provides adequate mitigation and management of
bushfire hazards through building setbacks, provision of a reticulated water supply, expansion of the internal
road network, provision of fire breaks and ongoing maintenance.
The assessment concludes that the proposed development would not place human life or property at an
unacceptable level of risk with respect to bushfire events and, as a result of the vegetation clearing proposed,
will reduce the overall bushfire hazard level of the locality.
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5 Statutory Town Planning Framework
5.1 Introduction
This section of the Town Planning Report explains the applicable components of the statutory town planning
framework and their relevance to the proposed development.
5.2 Sustainable Planning Act 2009
The SPA is the legislation under which, amongst other matters, development applications are assessed by
local governments.
5.2.1 Impact Assessment
The planning framework relevant to assessing the development application at the time of lodgement comprises
the SPA and The Noosa Plan. The Noosa Plan is a “planning scheme” as defined by section 79 of the SPA.
The proposed development is subject to impact assessment under The Noosa Plan.
Section 314 of the SPA sets out the provisions for assessment managers to assess impact assessable
applications as follows:
(2) The assessment manager must assess the part of the application against each
of the following matters or things to the extent the matter or thing is relevant to
the development—
(a) the State planning regulatory provisions;
(b) the regional plan for a designated region, to the extent it is not identified in
the planning scheme as being appropriately reflected in the planning
scheme;
(c) if the assessment manager is not a local government—the laws that are
administered by, and the policies that are reasonably identifiable as
policies applied by, the assessment manager and that are relevant to the
application;
(d) State planning policies, to the extent the policies are not identified in—
(i) any relevant regional plan as being appropriately reflected in the
regional plan; or
(ii) the planning scheme as being appropriately reflected in the planning
scheme;
(e) a temporary local planning instrument;
(f) a preliminary approval to which section 242 applies;
(g) a planning scheme;
(h) for development not in a planning scheme area—any planning scheme or
temporary local planning instrument for a planning scheme area that may
be materially affected by the development;
(i) if the assessment manager is an infrastructure provider—the provider’s LGIP.
(3) In addition to the matters or things against which the assessment manager must
assess the application under subsection (2), the assessment manager must
assess the part of the application having regard to the following—
(a) the common material;
(b) any development approval for, and any lawful use of, premises the subject
of the application or adjacent premises;
(c) any referral agency’s response for the application.
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According to section 326 of the SPA (‘other decision rules’):
“(1) The assessment manager’s decision must not conflict with a relevant instrument
unless—
(a) the conflict is necessary to ensure the decision complies with a State
planning regulatory provision; or
(b) there are sufficient grounds to justify the decision, despite the conflict; or
(c) the conflict arises because of a conflict between—
(i) 2 or more relevant instruments of the same type, and the decision
best achieves the purposes of the instruments; or
(ii) 2 or more aspects of any 1 relevant instrument, and the decision
best achieves the purposes of the instrument.”
At the time of lodgement of the development application, the common material comprises the application
material only. The application material includes an assessment of the proposed development against the
relevant planning documents and the assessment criteria of the SPA. However, information arising from the
subsequent information and referral stage will also form part of the common material to be assessed by
Council.
5.2.2 Referral
The proposed development requires referral to the Department of State Development, Infrastructure and
Planning (State Assessment and Referral Agency) as a concurrence agency for the following matters:
Coastal Management District matters being operational work that is interfering with quarry material as
defined by the Coastal Protection and Management Act on State coastal land above the high-water
mark within a Coastal Management District pursuant to Schedule 7, Table 2, Item 13;
State Transport Infrastructure matters, being development exceeding the thresholds in Schedule 9
pursuant to Schedule 7, Table 3, Item 2; and
Coastal Management District matters being building work completely in the Coastal Management
District and involving the construction of new premises exceeding 1,000m2 gross floor area pursuant
to Schedule 7, Table 3, Item 5.
The proposed development also requires referral to Energex Limited as an advice agency for electricity
easement matters pursuant to Schedule 7, Table 3, Item 7.
5.2.3 Public Notification
The development application is subject to impact assessment and therefore, in accordance with section 295
of the SPA, public notification is applicable.
In accordance with section 298 of the SPA, a notification period of 15 business days is required.
5.2.4 State Planning Regulatory Provisions
Section 314(2)(a) of the SPA requires an assessment manager to assess an application against a State
Planning Regulatory Provision to the extent the State Planning Regulatory Provision is relevant to the
development. The table below outlines the State Planning Regulatory Provisions current at the time of
lodgement and their applicability to the assessment of the development application.
State Planning Regulatory Provision Date Applicability
South East Queensland Regional Plan 2009-2031 State Planning
May 2014 Applicable
Regulatory Provisions
Guragunbah State Planning Regulatory Provision September 2013 Not Applicable
South East Queensland Koala Conservation State Planning
May 2010 Applicable
Regulatory Provisions
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State Planning Regulatory Provisions (Adult stores) July 2010 Not Applicable
Off-road motorcycling facility on State-owned land at Wyaralong October 2010 Not Applicable
State Planning Regulatory Provision (Adopted Charges) August 2013 Applicable
Yeerongpilly Transit Oriented Development State Planning Regulatory
November 2011 Not Applicable
Provision
5.2.5 State Planning Policy
The State Planning Policy was released in December 2013 and has subsequently been amended in July 2014.
As required by section 314(2)(d) of the SPA, an assessment manager must have regard to State Planning
Policies, if they are not identified in the planning scheme as being appropriately reflected in the planning
scheme. The State Planning Policy is not reflected in The Noosa Plan.
Part E of the State Planning Policy includes interim development assessment requirements, which are
applicable where the relevant planning scheme has not yet appropriately integrated the State interests in the
State Planning Policy. The requirements contained within Part E relate to the following State interests:
liveable communities;
mining and extractive resources;
biodiversity;
coastal environment;
water quality;
natural hazards;
emissions and hazardous activities;
state transport infrastructure; and
strategic airports and aviation facilities.
Of the State interests listed above, the development is identified on State Planning Policy mapping as
potentially affecting the following:
biodiversity – material change of use on land relating to a matter of State environmental significance;
coastal environment – material change of use on land in a coastal management district;
water quality (receiving waters) – material change of use for urban purposes that involves a land area
greater than 2,500m2 with an impervious area greater than 25 per cent of the net developable area;
water quality (acid sulfate soils) – land at or below 5 metres AHD where the natural ground level is
below 20 metres AHD, where excavating or otherwise removing 100 cubic metres of more of soil or
sediment; and
natural hazards – material change of use on land within a flood hazard area and bushfire hazard area.
An assessment against the relevant sections of the State Planning Policy is provided under Section 6.3 -
State Planning Policy of this report.
5.3 South East Queensland Regional Plan
The South East Queensland Regional Plan 2005 – 2026 (SEQRP 2005) came into full effect on 30 June 2005.
Its primary purpose was to provide a sustainable growth management strategy for the region that articulates
strategic direction and certainty that will accommodate a significant increase in population in SEQ to 2026.
The SEQRP 2005 was reviewed in 2008 resulting in SEQRP 2009 being released in July 2009.
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The site is wholly located within the Urban Footprint.
The Urban Footprint includes existing urban areas and greenfield areas suitable for urban development. It
defines the limits of urban development up to 2031.
Noosa is identified as a MRAC and Maroochydore as a Principal Regional Activity Centre (PRAC) within the
network of regional activity centres identified by the SEQRP 2009.
MRACs are intended to complement PRACs, by serving a catchment of sub-regional significance and
accommodating key concentrations of employment. MRACs are intended to be multi-functional centres of
activity that provide business, service, major retail and convenience functions. As a secondary sub-regional
focus of administration, MRACs are also to accommodate district or branch offices or government and cultural
and entertainment facilities of regional significance.
5.4 State Development Assessment Provisions
As the proposed development requires referral to the Department of State Development, Infrastructure and
Planning (State Assessment and Referral Agency), as discussed in Section 5.2.2 of this report, the State
Development Assessment Provisions (SDAP) are applicable.
Table B.3 of the SDAP identifies that the following state codes are specifically applicable:
Module 10: Coastal Protection
10.1 Tidal Works, or Development in a Coastal Management District State Code
Module 17: State Transport Infrastructure Protection
17.1 Public Passenger Transport State Code
Module 18: State Transport Infrastructure Protection
18.1 Filling, Excavation and Structures State Code
18.2 Stormwater and Drainage Impacts on State Transport Infrastructure State Code
Module 19: State Transport Network Functionality
19.2 Transport Infrastructure and Network Design State Code
A response to these provisions is provided in Section 6.5 and Appendix A – Statement of Code
Compliance.
5.5 The Noosa Plan
The Noosa Plan came into force in February 2006, with the current version last amended on 16 September
2013.
It is the relevant planning scheme for the assessment of development proposals within the Noosa Shire.
5.5.1 Desired Environmental Outcomes
Part 3 of The Noosa Plan identifies the Desired Environmental Outcomes (DEOs) for Noosa Shire under the
following headings:
agricultural uses;
commercial and retail uses;
community uses and facilities;
heritage;
industrial business uses;
natural resources;
open space, environment and conservation functions;
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sport and recreation uses;
residential uses;
tourism;
transport and mobility functions; and
infrastructure and services.
The site is identified as being located within the SBC and Areas of Ecological Significance elements of the
Planning Strategy Map (refer to Figure 4 – Planning Strategy Map).
A response to the relevant DEOs is provided in Section 6.6 – The Noosa Plan of this report.
5.5.2 Defined Land Use
The proposed development is defined in Part 2 of The Noosa Plan, as follows:
“Business Uses means any use or use class described below:
Commercial business means the conduct of a business activity, where a service is offered or
provided and that service is not more clearly defined by other business or community uses. The term
includes the following types:
Type 1 Office: The use of premises for a commercial business conducted in an office environment.
The use includes a bank, professional office, travel agent, and estate sales office.
Type 2 Medical: The use of premises for the practice of human medicine and therapies. The use class
does not include Wellbeing Type 1 Health uses as separately defined.
Type 3 Veterinary: The use of premises for the treatment of sick or injured animals. The use may
involve the necessary short-term accommodation of animals but does not include Animal husbandry
Type 2 Intensive as separately defined.
Entertainment and Dining Business means the conduct of a business activity, where entertainment,
amusement, recreation or meals are afforded. The term includes the following types:
Type 1 Food & beverages: The use of premises involving the sale of food and beverages for
consumption on the premises. The use class includes a function room or restaurant or café with dining
facilities for 10 or more people.
Type 2: Recreation, amusement and fitness: The use of premises involving recreation or
amusement activities, including cinema, health & fitness club, gym, sport activity or brothel.
Type 3: Bar: The use of premises for the serving of liquor for consumption on the premises for which
a general or cabaret license is required under the Liquor Act. The use may include amplified music,
live entertainment and a dance floor. The use includes a hotel or nightclub but does not include a
restaurant.
…
Retail business means the conduct of a business activity, where goods or services are displayed or
offered for sale to the public. The term includes the following types:
…
Type 2 Shop & salon: The use of premises for an activity that is generally found in a shopping
complex, strip or centre. The use includes a shop, hairdressing salon, appliance repairs, alterations,
dry cleaning and a café with dining facilities for up to 10 people.
…
Type 4 Showroom: Premises exceeding 250m2 gross floor area for the display and sale of goods that
are primarily of a bulky nature and of a similar type, including but not limited to boats, electrical goods,
bulk stationery supplies, caravans, furniture, floor coverings, sporting equipment and apparel, motor
vehicles, motor accessories and the like. The term includes any associated sale of spare parts for
such goods. The term does not include a large shop.
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Type 7 Garden and Lifestyle Centre: The use of premises for the retail sale of landscape and garden
products and supplies and products made by local artisans. The term includes the sale of plants,
seeds, pots, gardening tools, bagged landscaping products (such as fertilisers, potting mix, mulch and
stones) outdoor furniture and lighting, letterboxes, garden ornamentation, art, and literature on
gardening. The premises may also be used as the sales office for swimming pools or spas. The use
includes an ancillary coffee shop. The term does not include Retail business Types 1, 2, 3, 4, 5 or 6
as separately defined.”
“Community Uses means any use or use class described below.
Education means any use conducted predominantly for the purpose of education, instruction,
information sharing and learning. The term includes the following types:
Type 1 Childcare: The use of premises for the education, recreation, minding or care, of more than
four children (not residing at the site) for a fee or reward.
…
Type 3 Adult: The use of premises for adult education or vocational training whether operated for
profit or not. The use includes a TAFE, university, language school, hospitality training.
Type 4 Information: The use of premises for the collection and display of information for reference or
reflection. The use includes a library, museum, and information centre.
…
Open space means any use of private or public land left predominantly undeveloped by buildings or
structures. The term includes the following types:
Type 1 Sport & recreation: The use of premises for sports or active recreation in a formal outdoor
setting, accessible by the public. The use does not include indoor sports or indoor recreation but may
include a clubhouse with storage and amenities, provided the use of the clubhouse does not include
entertainment or dining uses. The use includes a public swimming pool, sportsground and a tennis
court.
…
Wellbeing means any use of private or public land or building for the provision of community and
social services and facilities. The term includes the following types:
…
Type 2 Social: The use of premises for the gathering of people for networking, support, common
pastimes, exercise, charitable work or companionship. The term does not include a commercial club,
indoor entertainment or sports and recreation. While the premises may accommodate the making of
items that are later sold it is not a business use nor is it used for profit making enterprises. The use
includes arts and craft, community meeting room, CWA.”
“Infrastructure Uses means any use or use class described below.
Service and utility means any premises used for the delivery of a public service not otherwise
defined. The term includes the following types:
…
Type 2 Installation: The use of premises for a structure or installation as part of a network where
other administrative functions are not conducted on the same site. The use includes a substation,
including any associated communication poles and lightning rods. The term does not include a Type
3 Tower, as separately defined.”
The proposed development also comprises undefined uses, which for the purposes of this application are
described as “Temporary Markets” and “Road”. The applicant proposes to define these uses as follows:
Temporary Markets: The use of premises on a temporary basis, whether regularly or irregularly, for
the sale of goods to the public, where goods, including foodstuffs, are primarily sold from temporary
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structures such as stalls, booths or trestle tables. The use may include entertainment provided for the
enjoyment of customers. The term generally applies to retail arts and crafts markets, flea markets,
farmers markets and the like.
Road: Refer to The Noosa Plan administrative definition.
5.5.3 Locality and Zoning
The Noosa Plan divides the whole of the scheme area into a series of geographic localities for the purposes
of regulating development, the provisions for each of which, including assessment tables and a specific
Locality Code, are contained in a Locality Plan.
The site is wholly contained within the Noosaville Locality.
The proposed development is subject to a split zoning under the planning scheme, being predominantly
contained in the Noosa Shire Business Centre Zone, but also partly within the Open Space Conservation Zone
(refer to Figure 5 – Zoning Map). Parts of the road reserves of Hofmann Drive and Walter Hay Drive are
within the Noosa Shire Business Centre Zone as defined by The Noosa Plan.
5.5.4 Shire Business Centre
The site is identified by Schedule 4 of The Noosa Plan and Shire Business Centre Map SBC (refer to Figure
6 – Noosa Shire Business Centre Map) as being located within the SBC.
The SBC contains a number of precincts which are drawn diagrammatically on Map SBC. The precincts on
Map SBC that relate to the site are as follows:
Precinct B1 - Business (Retail Centre & Business);
Precinct B2 - Business (Car Parking & Offices);
Precinct B3 - Business (Showroom, Office, Business);
Precinct E1 – Employment (Technology based R&D Business Offices & Civic);
Precinct E2 – Employment (Educative & Environmental R&D Business & Offices);
Precinct E4 – Employment (Industry & Business);
Precinct E6 – Employment (Business Offices & Transit);
Precinct E7 – Employment (Business & Offices);
Precinct REC/MU – Recreation Mixed Use (Minor recreation/minor mixed use or open spaces);
Precinct OS1 – Open Space (Environmental);
Precinct OS2 – Open Space (Environmental);
Precinct OS3 – Open Space (Preservation of Visual Amenity);
Precinct OS5 – Open Space (Preservation of Visual Amenity); and
Precinct OS7 – Open Space (Environmental Drainage).
The proposed development is located within the following precincts:
Precinct B1 - Business (Retail Centre & Business);
Precinct B2 - Business (Car Parking & Offices);
Precinct E1 – Employment (Technology based R&D Business Offices & Civic);
Precinct E2 – Employment (Educative & Environmental R&D Business & Offices);
Precinct E6 – Employment (Business Offices & Transit);
Precinct E7 – Employment (Business & Offices);
Precinct OS3 – Open Space (Preservation of Visual Amenity); and
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Precinct OS7 – Open Space (Environmental Drainage).
The majority of the proposed development, being the additional floor area of the expansion, will be located in
Precinct E1.
The reconfigured floor space in the existing Noosa Civic is located in Precinct B1 and is connected to the
proposed expansion by a pedestrian link. A small part of the proposed development, including the pedestrian
link and the batter for the extension to Hofmann Drive, is located within Precinct OS7.
The landscaped arbour will be located across the exterior frontage of the existing Noosa Civic, which is situated
predominantly in Precinct B1 and partially in Precinct B2.
The new internal loop road to the east of the development area will partially encroach into Precinct E6.
The extension of Hofmann Drive to the southern roundabout on Walter Hay Drive will traverse part of Precinct
E7.
The realignment of the exit from the southern Walter Hay Drive roundabout into the site will be located partially
within Precinct OS3.
The widening of the service access road and addition of a manoeuvring area for service vehicles on the
southern side of the existing centre is located in Precinct B1 and Precinct E2.
5.5.5 Level of Assessment
Part 11, Divisions 9 and 13 of the planning scheme prescribe the levels of assessment for assessable Material
Changes of Use development in the Shire Business Centre Zone and Open Space Conservation Zone of the
Noosaville Locality respectively.
The proposed development is subject to impact assessment (inconsistent uses) in accordance with Part 11,
Divisions 9 and 13 of the planning scheme.
The proposed development includes a road (an undefined use, but an administrative definition, in The Noosa
Plan) which is exempt in the Shire Business Centre Zone. However a batter for part of the proposed road is
located in the Open Space Conservation Zone. Accordingly the proposed development is subject to impact
assessment in accordance with Part 11, Division 13 of the planning scheme.
Part 13 of the planning scheme prescribes alternative levels of assessment for development on land affected
by the respective overlays.
However, as the Assessment Tables for the Shire Business Centre Zone and the Open Space Conservation
Zone make the proposed development impact assessable in the initial instance and, in accordance with section
2.6.4 of the planning scheme, impact assessment prevails over code assessment and self-assessment, the
primary level of assessment is not altered as a consequence of the land being affected by any of the respective
overlays.
5.5.6 Overlays
The below table summarises the overlay designations applicable to the site.
Noosaville Locality Plan Map Reference Map Application to Site
Noosaville Biodiversity Overlay (Map OM8.1) The site is mapped as partly within an Environmental
Protection Area and partly within an Environmental
Enhancement Area. The entire site is mapped as a Koala
Habitat Area. The presence of a Watercourses/ Drainage
Lines is also indicated on the overlay mapping.
Noosaville Heritage Overlay (Map OM8.2) The site is not mapped as containing, or being in proximity
to, any Character Areas and/or Heritage Sites (local and
State).
Noosaville Natural Hazard Overlay – Landslide and The site is mapped as being partially affected by a Flood
Flooding (Map OM8.3) Hazard Area, and Area Subject to Minimum Floor Height.
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The presence of a Stream, River and Drainage Line is also
indicated on the overlay mapping.
Noosaville Natural Hazard Overlay – Bushfire and Acid The site is mapped as being affected by Medium Bushfire
Sulfate Soils (Map 0M8.4) Hazard Areas, as well as Low- and High-Potential Acid
Sulfate Soil Areas.
Noosaville Natural Resources Overlay (Map OM8.5) The site is not mapped as being with the boundaries of any
natural resources areas.
5.5.7 Applicable Development Codes
The codes applicable to the assessment of the proposed development are:
Noosaville Locality Code;
Business Uses Code;
Building Works Code;
Biodiversity Overlay Code;
Natural Hazards Overlays Code;
Community Uses Code;
Infrastructure Uses Code;
Driveways and Carparking Code;
Earthworks Code;
Erosion and Sediment Control Code;
Existing Services Code;
Landscaping Code;
Transport, Roads and Drainage Code;
Waste Management Code;
Water Sensitive Design Code; and
Water Supply and Sewerage Reticulation Code.
A summary of compliance is set out in Section 6 of this report.
A detailed assessment against all of the relevant provisions of the abovementioned codes is provided at
Appendix A – Statement of Code Compliance.
5.6 Environmental Protection Act 1994
An existing service station is located in the north-western corner of the site and forms part of the existing
Noosa Civic centre. The service station is serviced by underground fuel storage tanks with a total holding
capacity in excess of 200 litres. The service station is therefore prescribed as a Notifiable Activity by Schedule
2 to the Environmental Protection Act 1994. Consequently the site is included on the EMR.
5.7 Environment Protection and Biodiversity Conservation Act 1999
Cardno has undertaken a technical assessment to identify and describe the existing environment (flora and
fauna) on the site to determine whether the clearing, construction and use of the proposed expansion of Noosa
Civic will have or is likely to have a significant impact on any Matters of National Environmental Significance
(MNES) under the EPBC Act.
Only Threatened Species and Migratory Species were found or were predicted to utilise the habitats of the
study area.
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The Cooloola-Great Sandy Region (Nominated National Heritage Property) will not be impacted directly by the
proposed development with indirect impacts, such as stormwater runoff, managed.
One ‘Vulnerable’ species was confirmed as present during the study (the Koala) along with one
‘Migratory/Marine’ species (the Rufous Fantail).
An assessment against the Department of the Environment’s Significant Impact Guidelines has indicated that
the proposed development is not likely to have a significant impact on these species or any other threatened
and migratory species that may utilise the study area.
Consequently, Cardno has concluded that the proposed development is a ‘not controlled action’.
The proposal will be referred to the Department of the Environment following the lodgement of this
development application. We anticipate this referral will take place during January 2015.
5.8 Aboriginal Cultural Heritage Act 2003
The Aboriginal Cultural Heritage Act 2003 establishes a cultural heritage duty of care which, amongst other
objectives, seeks to protect areas and artefacts of Aboriginal cultural heritage from disturbance, damage and
other potentially adverse impacts of development.
To the best of the applicant’s knowledge, no indigenous cultural heritage sites or values occur on that part of
the site over which application is made.
The applicant, in undertaking the proposed development, will take reasonable and practicable measures to
ensure the proposed development does not harm Aboriginal or Torres Strait Islander cultural heritage in
accordance with the Act and duty of care guidelines prepared by the Department of Aboriginal and Torres
Strait Islander and Multicultural Affairs and gazetted on 16 April 2004.
5.9 Nature Conservation Act 1992
The NCA provides for the conservation of nature and prescribes management principles for protected wildlife.
The NCA also makes provision for the prescription of specific requirements to recover or conserve wildlife
within a Conservation Plan.
Following the listing of the koala as a Vulnerable Species within the South East Queensland Bioregion in 2004,
the Nature Conservation (Koala) Conservation Plan (Koala Plan) was prepared and came into force on 2
October 2006. However the effect of the Koala Plan in relation to planning and development assessment has
since been replaced by the South East Queensland Koala Conservation State Planning Regulatory Provisions.
Elements of the Koala Plan, such as policies relating to sequential clearing, use of a koala spotter, the
rehabilitation of injured or sick koalas and translocation remain in place. In the case of the site, which is located
in Koala District A (broadly, South East Queensland), the sequential clearing requirements of koala habitat
trees under the NCA applies and koala spotters are required in koala habitat areas.
5.10 Environmental Offsets Act 2014
A new environmental offsets framework commenced in Queensland on 1 July 2014 with the intent, amongst
other things, of providing an outcome-based approach to offsets.
The new environmental offsets framework includes:
Environmental Offsets Act 2014 which coordinates the delivery of environmental offsets across
jurisdictions and provides a single legislative base for offsets in Queensland.
Environmental Offsets Regulation 2014 which provides details of the prescribed activities regulated
under existing legislation and prescribed environmental matters to which the Act applies.
Queensland Environmental Offsets Policy which provides a single, consistent, whole-of-government
policy for the assessment of proposed offsets provided by authority holders to satisfy offset conditions.
The new policy provides a number of options for the delivery of offsets, including:
financial settlement, calculated using a financial settlement offset calculator;
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land-based offsets;
offsets delivered as actions in a Direct Benefit Management Plan; or
any combination of these approaches.
The Queensland Environmental Offset Policy seeks to ensure that environmental offsets for unavoidable
impacts on high quality koala habitat, as regulated by the South East Queensland Koala Conservation State
Planning Regulatory Provisions, contributes to the rehabilitation, establishment and protection of koala habitat.
The proposed Noosa Civic expansion will necessitate the clearing of koala habitat which supports koala habitat
trees. The South East Queensland Koala Conservation State Planning Regulatory Provisions will require the
provision of an environmental offset under the Queensland Environmental Offsets Policy.
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6 Compliance Summary
6.1 Introduction
The following sections comprise a summary of compliance against the relevant provisions of the planning
framework as they apply to the proposed development, identified in Section 5 of this report.
More detailed information and responses to the relevant provisions of The Noosa Plan are included in the
Appendices to the Town Planning Report. Appendix A – Statement of Code Compliance is particularly
relevant in this regard, as it contains an assessment of the proposed development against the relevant codes
of The Noosa Plan.
6.2 State Planning Regulatory Provisions
The current State Planning Regulatory Provisions are listed in Section 5.2.4 of this report.
The following State Planning Regulatory Provisions are relevant to the proposed development:
South East Queensland Regional Plan 2009-2031 State Planning Regulatory Provisions;
State Planning Regulatory Provision (Adopted Charges); and
South East Queensland Koala Conservation State Planning Regulatory Provisions.
6.2.1 South East Queensland Regional Plan 2009-2031 State Planning Regulatory Provisions
The South East Queensland Regional Plan 2009-2031 State Planning Regulatory Provisions provide that
development is only contrary to, or inconsistent with, the State Planning Regulatory Provisions to the extent
the development is identified in Column 2 of Table 3A.
The proposed development is not identified in Column 2 of Table 3A of the South East Queensland Regional
Plan 2009-2031 State Planning Regulatory Provisions, and so is not contrary to, or inconsistent with, these
State Planning Regulatory Provisions.
These State Planning Regulatory Provisions also provide assessment criteria for development applications
involving a material change of use where involving an extension of more than 10,000m 2 of retail floor space.
These assessment criteria are therefore applicable to the proposal. Division 4 of the State Planning Regulatory
Provisions provides the following assessment criteria:
“4.1 Assessment criteria for development applications
…
The development must have regard to the provision of sufficient land with street frontage for non ‐retail
business premises.”
In the context above, ‘sufficient land’ is considered to be 15% of the proposed retail floor space.
Applicant’s Response
The proposed development is located on a site which forms part of the SBC.
The SBC is intended to develop as a MRAC and the highest order centre on the northern Sunshine Coast. It
is intended to be a multi-functional centre and the principal focus for business and employment development
in the subregion of the Noosa Shire. The SBC is intended to be developed in stages, consistent with a
demonstrated need, to become a dynamic and multi-functional centre that integrates a range retail,
commercial, industrial and community activities.
The SBC comprises a total land area of approximately 70 hectares which, under the current planning
framework, provides for a total theoretical development capacity of 197,300m 2 GFA across a range of uses,
including residential1.
1
Calculated by applying the plot ratios to the nominated areas for each precinct on Map SBC.
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The existing Noosa Civic comprises a discount department store based shopping centre and service station
with retail shop floor space of 18,585m2 TUA, 7,056m2 TUA retail showrooms and 5,000m2 TUA commercial
office space.
The proposed expansion involves 22,870m2 GLA of additional and reconfigured retail floor space and 9,655m2
GFA of mall and back of house area.
There remains substantial capacity and therefore significant opportunity within the SBC, including the site, for
a range of future development to be provided, including non-retail business premises.
The current planning framework discourages development within the SBC to have frontage to Eenie Creek
Road and Walter Hay Drive, being the external road network. However, there remain opportunities for future
development to have frontage to the internal loop road, including Hofmann Drive.
6.2.2 State Planning Regulatory Provision (Adopted Charges)
The State Planning Regulatory Provision (Adopted Charges) establishes, amongst other things, a maximum
adopted charge for trunk infrastructure.
If the development application is approved, Noosa Shire Council may levy an infrastructure charge for
supplying trunk infrastructure pursuant to its Adopted Infrastructure Charges Resolution (No.1) 2014 (AICR).
Pursuant to Part 5 of the AICR, the following adopted charges may apply to the proposed development subject
to the application of any credits for existing development.
Defined Use Adopted charge for transport, public parks and Adopted charge for
land for community facilities, water supply and stormwater network
sewerage networks
Commercial Business
$140 / m2 GFA $10 / m2 of impervious GFA
(Type 1 Office)
Commercial Business
$140 / m2 GFA $10 / m2 of impervious GFA
(Type 2 Medical)
Commercial Business
$140 / m2 GFA $10 / m2 of impervious GFA
(Type 3 Veterinary)
Entertainment & Dining
Business $180 / m2 GFA $10 / m2 of impervious GFA
(Type 1 Food & Beverage)
Entertainment & Dining
Business $140 (excluding court areas) / m2 GFA
$10 / m2 of impervious GFA
(Type 2 Recreation, $20 (court areas) / m2 GFA
Amusement & Fitness)
Entertainment & Dining
Business $200 / m2 GFA $10 / m2 of impervious GFA
(Type 3 Bar)
Education
$140 / m2 GFA $10 / m2 of impervious GFA
(Type 1 Childcare)
Education
$140 / m2 GFA $10 / m2 of impervious GFA
(Type 3 Adult)
Education
$140 / m2 GFA $10 / m2 of impervious GFA
(Type 4 Information)
Open Space
Determined by Council based on the nature of the
(Type 1 Sport & $10 / m2 of impervious GFA
use
recreation)
Retail Business
$180 / m2 GFA $10 / m2 of impervious GFA
(Type 2 Shop & Salon)
Retail Business
$140 / m2 GFA $10 / m2 of impervious GFA
(Type 4 Showroom)
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Retail Business
(Type 7 Garden and $140 / m2 GFA $10 / m2 of impervious GFA
Lifestyle Centre)
Wellbeing
$70 / m2 GFA $10 / m2 of impervious GFA
(Type 2 Social)
Service and Utility Determined by Council based on the nature of the
$10 / m2 of impervious GFA
(Type 2 Installation) use
It is noted, however, that the site is subject to an existing Infrastructure Agreement (Agreement). The
Agreement, dated 3 October 2003, was entered into by Mirose Pty Ltd and the former Noosa Shire Council.
The Agreement is an Infrastructure Agreement for the purposes of the SPA.
6.2.3 South East Queensland Koala Conservation State Planning Regulatory Provisions
The site is located within a Koala Assessable Development Area under the South East Queensland Koala
Conservation State Planning Regulatory Provisions.
Division 7 of the State Planning Regulatory Provisions is applicable to the proposal and provides assessment
criteria for development proposals, a response to which is provided in the below table.
Assessment Criteria Applicant’s Response
1. To the extent the premises is outside the Urban Not Applicable
Footprint and not in an urban area under a planning The site is located within the Urban Footprint.
scheme, site design does not result in the clearing of
non-juvenile koala habitat trees in areas of bushland
habitat.
2. To the extent the premises is inside the Urban Complies
Footprint, site design must avoid clearing non-juvenile The proposed Noosa Civic expansion will necessitate the
koala habitat trees in areas of bushland habitat, with any clearing of approximately 7.2ha of koala medium value
unavoidable clearing minimised and significant residual bushland habitat and medium value rehabilitation habitat
impacts counterbalanced under the Environmental that supports approximately 3,118 non-juvenile koala habitat
Offsets Act 2014. trees. This unavoidable clearing will be offset as a financial
settlement under the Queensland Environmental Offset
Policy 2014.
3. Site design must avoid clearing non-juvenile koala Complies
habitat trees in areas of high value rehabilitation habitat, Refer to Response to 2 above.
and medium value rehabilitation habitat, with any
unavoidable clearing minimised and significant residual
impacts counterbalanced under the Environmental
Offsets Act 2014.
4. Site design provides safe koala movement Complies
opportunities as appropriate to the development type An Assessment against the factors outlined in Schedule 2 is
and habitat connectivity values of the site determined by presented below:
reference to the factors for consideration in Schedule 2.
1. The site’s location with regards to the following:
a. areas of vegetation that are a koala habitat type—with
particular focus on bushland habitat, high value
rehabilitation habitat, and medium value rehabilitation
habitat;
The site predominantly includes areas of medium value
bushland habitat but also includes medium value
rehabilitation and areas that are generally not suitable.
b. areas that are remnant or regulated regrowth regional
ecosystems where koalas are known to occur;
There are no remnant or regulated regrowth regional
ecosystems within the site.
c. areas of ecological significance;
Areas corresponding with medium value bushland habitat
are also mapped as MSES on the SPP interactive mapping
system (DA).
d. waterway and ecological corridors.
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Assessment Criteria Applicant’s Response
No waterway corridors or mapped corridors are present
within the site. However, the existing Covenant J area will
play some role in wildlife movement.
2. The attributes of the site, including the following:
a. presence of koalas;
Site assessments have confirmed Koala activity although
the level of activity is regarded as low.
b. condition of the habitat;
Vegetation represents regrowth that is generally in good
condition.
c. the presence of any of the following on the site:
i. waterway and ecological corridors;
No waterway corridors or mapped corridors are present
within the site. However, the existing Covenant J area will
play some role in wildlife movement.
ii. areas that are remnant or regulated regrowth regional
ecosystems where koalas are known to occur.
There are no remnant or regulated regrowth regional
ecosystems within the site.
3. Any factors which diminish the site’s habitat connectivity
value for koala movement, including:
a. edge effects and other indirect impacts of development on
ecological features; and
b. the presence of infrastructure and services, such as
roads, which present barriers for koala movement and
dispersal.
The regrowth vegetation of the site, while connected
southwards to suitable habitat (including remnant
vegetation) bordering Eenie Creek, is disconnected from the
northwest and to a lesser extent from the east by Walter Hay
Drive. That is, roads reduce the landscape connectivity
value of the site to koalas.
While there are low Koala activity levels, the proposed
development responds by retaining Covenant J and
enhancing movement opportunities to the south by
integrating a dry cell underpass beneath Hofmann Drive.
5. During construction phases: Complies
a. measures are taken in construction practices to not The proposed development will implement a Construction
increase the risk of death or injury to koalas; and Environmental Management Plan and sequential clearing of
b. native vegetation that is cleared and in an area vegetation will be undertaken under the guidance of a
intended to be retained for safe koala movement spotter catcher.
opportunities is progressively restored and rehabilitated.
6. Native vegetation clearing is undertaken as sequential Complies
clearing and under the guidance of a koala spotter where Clearing for the proposed development will be under the
the native vegetation is a non-juvenile koala habitat tree. guidance of a spotter catcher and in a sequential manner.
7. Landscaping activities provide food, shelter and Complies
movement opportunities for koalas consistent with the Landscape planting will include the use of koala habitat
site design. trees, which may provide food, shelter and movement
opportunities for koalas.
6.3 State Planning Policies
The development application must have regard to all relevant and applicable State interests identified in the
State Planning Policy.
Of these interests, the following State interests are applicable to the proposed development:
Biodiversity: The site is identified as containing matters of State environmental significance;
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Coastal Environment: The site is located within the Coastal Management District;
Water Quality (Receiving Waters): The site is larger than 2,500m2 and will result in an impervious area
greater than 25 per cent of the net developable area;
Water quality (Acid Sulfate Soils) – land at or below 5 metres AHD where the natural ground level is
below 20 metres AHD, where excavating or otherwise removing 100 cubic metres of more of soil or
sediment; and
Natural Hazards, Risk and Resilience: The site is located in a bushfire hazard area and a flood hazard
area.
A response to the applicable requirements for each of the above State interests is provided in the following
sections.
6.3.1 Biodiversity
The below table provides a response to the requirements of the Biodiversity State interest.
Requirement Applicant’s Response
Development:
(1) enhances matters of state environmental significance Complies
where possible, and The SPP interactive mapping system identifies the presence
of MSES Wildlife Habitat within the Noosa Civic expansion
footprint.
The development proposal unavoidably impacts most of this
area, outside of Covenant J which will be retained.
The existing culvert crossing at the southern extent of
Covenant J will be upgraded, therefore enhancing the MSES
Wildlife Habitat by improving wildlife connectivity into this
area.
(2) identifies any potential significant adverse Complies
environmental impacts on matters of state environmental The area mapped as MSES Wildlife Habitat corresponds
significance, and with areas mapped as medium value bushland habitat for
the purposes of the South East Queensland Koala
Conservation State Planning Regulatory Provisions.
The proposed development will result in the clearing of
approximately 7.2ha of koala medium value bushland
habitat and medium value rehabilitation habitat that supports
approximately 3,118 non-juvenile koala habitat trees.
(3) manages the significant adverse environmental Complies
impacts on matters of state environmental significance The proposed Noosa Civic expansion will necessitate the
by protecting the matters of state environmental clearing of approximately 7.2ha of koala medium value
significance from, or otherwise mitigating, those impacts. bushland habitat and medium value rehabilitation habitat
that supports approximately 3,118 non-juvenile koala habitat
trees.
This unavoidable clearing will be offset as a financial
settlement under the Queensland Environmental Offset
Policy 2014, calculated based on the application of the
Department of Environment and Heritage Protection’s online
offset calculator.
In addition to this offset, mitigation measures will include the
provision of a dry cell underpass for wildlife movement at the
southern extent of Covenant J.
Clearing will be undertaken in a sequential manner under
the guidance of a spotter catcher.
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6.3.2 Coastal Environment
The below table provides a response to the requirements of the Coastal Environment State interest.
Requirement Applicant’s Response
Development:
(1) avoids or minimises adverse impacts on: Complies
(a) coastal processes and coastal resources, and The proposed Noosa Civic expansion avoids direct impacts
(b) scenic amenity of important natural coastal on coastal processes as defined in the SPP.
landscapes, views and vistas, and The Noosa Civic expansion footprint is not mapped as an
erosion prone area, medium storm tide inundation area or
high storm tide inundation area.
The SPP refers to the Coastal Protection and Management
Act 1995 for the definition of ‘coastal resources’.
The Act defines coastal resources as “…the natural and
cultural resources of the coastal zone”, where natural
resources are further defined as “…the physical features and
processes of the zone, including wildlife, soil, water,
minerals and air.” Cultural resources are “…places or
objects that have anthropological, archaeological, historical,
scientific, spiritual, visual or sociological significance or
value, including such significance or values under Aboriginal
tradition or Island customs”.
There are no cultural resources present.
While there will be impacts on natural resources as defined
in the SPP, it is noted they are located in an area 0.5km from
Eenie Creek, 1.5km from Lake Weyba and 5.8km from
Sunrise Beach and as such, impacts associated with the
development on coastal resources can be regarded as
minimal.
Notwithstanding this, impacts are minimised through
retention of vegetation within Covenant J, improving wildlife
movement into this area through the provision of an
underpass and by undertaking clearing in a sequential
manner under the guidance of a spotter catcher.
The proposed development will be mainly screened from
external views, with built form visually subordinate to the
proposed retained and planted bands of vegetation
Refer to Appendix I - Visual Amenity/Landscape
Integration Report for further analysis and discussion.
(2) maintains or enhances general public access to, or Not Applicable
along, the foreshore unless this is contrary to the The proposed development is not located adjacent to a
protection of coastal resources or public safety, and foreshore and does not alter access arrangements to same.
(3) avoids private marine development attaching to, or Complies
extending across, non-tidal state coastal land abutting The proposed development does not include private marine
tidal waters, and development.
(4) that is private marine development, occurs only Not Applicable
where the development: The proposed development does not include private marine
(a) is located on private land abutting state tidal land and development.
is used for property access purposes, and
(b) occupies the minimum area reasonably required for
its designed purpose, and
(c) does not require the construction of coastal protection
works, shoreline or riverbank hardening or dredging for
marine access, and
(5) of canals, dry land marinas and artificial waterways: Not Applicable
(a) avoids adverse impacts on coastal resources, and The proposed development does not involve canals, dry
(b) will not contribute to: land marinas and artificial waterways.
i. degradation of water quality, or
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Requirement Applicant’s Response
ii. an increase in the risk of flooding, or
iii. degradation or loss of matters of state environmental
significance, or
iv. an adverse change to the tidal prism of the natural
waterway to which the development is connected, and
(6) does not involve reclamation of tidal land other than Complies
for the purposes of: The proposed development does not involve reclamation of
(a) coastal-dependent development, public marine tidal land.
development or community infrastructure, where there is
no feasible alternative, or
(b) strategic ports, boat harbours or strategic airports
and aviation facilities in accordance with a statutory land
use plan, or
(c) coastal protection works or work necessary to protect
coastal resources or coastal processes, and
(7) provides facilities for the handling and disposal of Not Applicable
ship-sourced pollutants in accordance with the SPP The proposed development does not involve a marina or
code: Ship-sourced pollutants reception facilities in dwellings.
marinas (Appendix 2) if the development:
(a) is for a marina, with six or more berths, located
outside of strategic port land, core port land or a state
development area, or
(b) involves individual dwellings with a structure that
contains six or more berths emanating from common
property, such as in a body corporate arrangement.
6.3.3 Water Quality
The below table provides a response to the requirements of the Water Quality State interest.
Requirement Applicant’s Response
For Receiving Waters, Development:
(1) avoids or otherwise minimises adverse impacts on Complies
the environmental values of receiving waters, arising Refer to Appendix E – Engineering Report for details.
from:
(a) altered stormwater quality or flows, and
(b) wastewater (other than contaminated stormwater and
sewage), and
(c) the creation or expansion of non-tidal artificial
waterways, and
(2) by demonstrating it complies with the SPP code: Complies
Water quality (Appendix 3). Refer to Appendix E – Engineering Report for details.
For Acid Sulfate Soils, Development:
(1) avoids the disturbance of acid sulfate soil by: Will Comply
(a) not excavating or otherwise removing soil or There will be a small basin adjacent to the undercroft carpark
sediment that contains acid sulfate soil (ASS), and associated with a stormwater detention and bio-retention
(b) not permanently or temporarily extracting basin that will include excavation below 5.0 m AHD.
groundwater that results in aeration of previously
saturated ASS, and Acid sulfate soils investigation works will be undertaken prior
to commencement of any earthworks on site after relevant
(c) not undertaking filling that results in moving ASS site clearing has taken place.
below the water table, or
(2) ensures that the disturbance of ASS avoids or Refer to Appendix E – Engineering Report for further
minimises the mobilisation release of acid and metal details.
contaminants by:
(a) neutralising existing acidity and preventing the
generation of acid and metal contaminants, and
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Requirement Applicant’s Response
(b) preventing the release of surface or groundwater
flows containing acid and metal contaminants into the
environment.
6.3.4 Natural Hazards, Risk and Resilience
The below table provides a response to the requirements of the Natural Hazards, Risk and Resilience State
interest.
Requirement Applicant’s Response
Development:
(1) is designed to avoid or otherwise minimise adverse Complies
impacts from emissions that will affect the health and The proposed development comprises the expansion of
safety, wellbeing and amenity of communities and Noosa Civic with additional and reconfigured retail floor
individuals, and space being provided. It does not involve uses which are
likely to cause emissions which may adversely impact upon
the health and safety, wellbeing and amenity of the
community.
(2) supports the achievement of the relevant acoustic Can Comply
and air quality objectives of the: The proposed development comprises the expansion of
(a) Environmental Protection (Noise) Policy 2008, and Noosa Civic with additional and reconfigured retail floor
Environmental Protection (Air) Policy 2008 (Appendix 6), space being provided on a site which forms part of the SBC.
and Based on the uses proposed, it is expected the proposed
development can comply with the relevant acoustic and air
quality objectives of the Environmental Protection (Noise)
Policy 2008 and Environmental Protection (Air) Policy 2008.
A lawful condition of approval can be imposed which
ensures the development achieves the relevant acoustic
and air quality objectives.
(3) does not compromise the viability of existing or future Complies
industrial development, including industrial land within a The proposed development is located on a site which forms
state development area, or an enterprise opportunity part of the SBC and does not include a sensitive use. Whilst
area or employment opportunity area identified in a an industrial estate is located nearby in Rene Street, that
regional plan. estate is not an identified state development area, or an
enterprise opportunity area or employment opportunity area
identified in a regional plan.
6.4 South East Queensland Regional Plan
The site is wholly located within the Urban Footprint of the SEQRP 2009.
The site is not located within a Development Area or an Identified Growth Area.
In summary, the proposed development complies with the provisions of the SEQRP 2009 and is consistent
with the Regional Vision, Strategic Directions, Regional Land Use Pattern and Regional Policies.
Regional Policy 8: Compact Settlement is the most relevant Regional Policy from Part D of the SEQRP 2009
to the proposed development. A response to the Desired Regional Outcome for Regional Policy 8 and its
Principles and Policies is provided below.
SEQ Regional Plan Applicant’s Response
Desired regional outcome 8 Complies
A compact urban structure of well-planned communities, The proposed development involves an expansion of Noosa
supported by a network of accessible and convenient Civic on a site which is identified in State and Local
centres and transit corridors linking residential areas to Government planning instruments as being suitable for future
employment locations establishes the context for business and retail intensification.
achieving a consolidated urban settlement pattern. Expansion of the existing shopping centre supports the general
pattern of development envisaged under Council’s SBC master
plan (Map SBC) and promotes the compact urban structure
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SEQ Regional Plan Applicant’s Response
typologies, as expressed in SEQRP 2009 and Council’s
planning scheme.
The SEQRP 2009 identifies Noosa as a MRAC, and the
proposed expansion is appropriate for this designation.
The site is well-serviced by existing infrastructure and is
located in an accessible location in an urbanised area.
Achieving a consolidated urban settlement pattern for South-
East Queensland is not jeopardised by the proposed
expansion and is consistent with the intention of the SEQRP
2009 for the site as a MRAC.
8.1 Compact development Complies
Conserve land by making the most efficient use of land The proposed expansion is to occur on land identified by
allocated for urban development. Council as being suitable for future urban development.
Accordingly, the proposed expansion makes efficient use of
land for urban development purposes, while maintaining the
site’s ecological functions.
Importantly, the proposed development maintains the precinct
separation development intent which has been advanced by
Council in its master planning for the SBC within Noosaville
(see Map SBC).
As such, the proposed expansion is not contrary to the compact
development typology advanced in the SEQRP 2009.
8.2 Containing growth Complies
To promote liveability and transport efficiency and The proposed development is to occur on land that is contained
reduce car dependence and private vehicle travel, wholly within the Urban Footprint.
locate urban development in the Urban Footprint either As such, and given the site’s presence within the SBC in the
within or near existing communities to utilise their Noosaville locality, the proposed expansion is considered to be
infrastructure and services, or within existing activity within appropriate distance of existing infrastructure and
centres and at key locations along planned public services, as well as being on the site of a designated activity
transportation infrastructure. centre of regional significance.
The site is capable of being serviced by all urban utilities and
has access to a road network that has capacity sufficient to
accommodate the development (subject to reasonable road
and access improvements proposed by the applicant).
Thus, the proposed expansion is appropriately contained within
the Urban Footprint, in a highly-accessible and well-serviced
location.
8.3 Urban design and character Complies
Design and site development to reflect SEQ’s The proposed expansion is responsive to South-East
subtropical climate, reinforce local character and Queensland’s sub-tropical climate and is representative of
achieve innovation and design excellence. contemporary large floor-space retail developments in
Queensland.
The expansion has been designed by The Buchan Group, in
accordance with sub-tropical design principles, as evidenced
in the building elevations and floor plans provided in Appendix
B.
In particular, the spacing between retail tenancies and the
identification of open-air, pedestrianised spaces at entry-points
to the main expansion area reflect both local character and
achieve innovation and design excellence.
The retention of existing vegetation (where achievable) and
maintaining a vegetated buffer between the development and
Walter Hay Drive (being the main access and circulation route)
further reinforce location character values and assist in
maintaining Council’s intention of having the SBC area
comprised of separate, and distinguishable precincts.
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SEQ Regional Plan Applicant’s Response
8.4 Urban greenspace Complies
Provide an integrated, high-quality, urban community The proposed expansion is consistent with the existing
greenspace network to cater for community and environmental covenant that affects the site, and has
environmental needs in development areas and existing addressed, to an appropriate degree, environmental
communities. constraints that apply to the site via adherence to an
avoidance-to-mitigation management approach.
In addition, the development proposes to provide a pedestrian
link connecting Precinct E1 to Precinct B1 (being the site of the
existing shopping centre). The pedestrian link will span the
vegetation within Covenant J and allow improved pedestrian
manoeuvrability through the SBC, while simultaneously
allowing for pedestrians to experience and connect with the
open space area without impacting on environmental values or
drainage capacity.
8.5 Housing choice and affordability Not Applicable
Provide a variety of housing options to meet diverse The proposed development does not include a residential
community needs, and achieve housing choice and component.
affordability.
8.6 Activity centre and transit corridors Complies
Focus employment, infill housing and community The proposed development is located on a site identified by the
services in well-planned, vibrant and accessible planning scheme as the site for a major activity centre and will
regional activity centres and along high-frequency result in the creation of significant employment opportunities in
transit corridors. the Noosa and Sunshine Coast area.
The development is capable of being serviced by high-
frequency public transport services, once the catchment has
been developed to support these services being provided.
The proposed development does not fetter the future provision
of a transit facility as intended by Map SBC.
8.7 Centres that support business Complies
Principal and major regional activity centres located on The proposed development is situated within a MRAC where
priority transit network and other high-frequency transit the employment base is intended to be supported by retail and
corridors should provide for the future growth of a broad commercial uses. These retail and commercial uses are also
range of business uses to support employment. required to support the wider Noosa Shire Council area.
The proposed development involves a number of retail and
commercial uses which promote the MRAC designation and
which will support the future growth of the SBC.
8.8 Mixed-use activity centres Complies
Include a broad mix of land uses in activity centres and The proposed development involves a mixture of land uses and
structure them as mixed-use centres in a predominantly is capable of being described as a ‘mixed-use proposal’.
main-street format to best serve their surrounding The proposed development does not fetter the ability of the site
communities. to become a multi-function employment node.
The proposal involves an expansion of the existing Noosa
Civic. The format of the proposed development has been
dictated by the form and layout of the existing centre, including
the partially completed internal loop road, and the landscape
dominance and integrative principles for development in the
SBC. Consequently the proposal seeks to maintain the integrity
of The Noosa Plan regarding the layout of development on the
site.
8.9 Integrated land use and transport planning Complies
Ensure new development utilises existing infrastructure The proposed development is located adjacent to Noosa Civic
or can be provided with timely transport infrastructure, and has convenient access to all necessary, existing
community services and employment. infrastructure services to accommodate the proposed
development.
8.10 Development Area delivery Not Applicable
Development Areas, in addition to regional activity The proposed development is not located in a designated
centres and other suitable established urban areas, are Development Area.
the focus for accommodating regional dwelling and
employment targets, and require comprehensive
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SEQ Regional Plan Applicant’s Response
planning to coordinate future development with
infrastructure delivery.
8.11 Rural residential development Not Applicable
Contain and limit areas allocated for rural residential The proposed development is not rural residential
development to ensure efficient provision of services development.
and infrastructure and limit further land fragmentation
6.5 State Development Assessment Provisions
6.5.1 Module 10.1 Tidal Works, or Development in a Coastal Management District State Code
The proposed development achieves compliance with all applicable Acceptable Outcomes of the Tidal Works,
or Development in a Coastal Management District State Code.
The proposal therefore achieves compliance with all Performance Outcomes and Overall Outcomes and
subsequently the purpose of the Tidal Works, or Development in a Coastal Management District State Code.
6.5.2 Module 17.1 Public Passenger Transport State Code
The proposed development achieves compliance with most of the applicable Acceptable Outcomes of the
Public Passenger Transport State Code. The proposed development does not comply with Acceptable
Outcome AO8.1 and an alternative outcome is proposed in this instance. In all other instances alternative
outcomes are only proposed where an applicable Acceptable Outcome is not provided. All alternative
outcomes provided demonstrate that the proposal complies with the corresponding Performance Outcome.
The proposal therefore achieves compliance with all Performance Outcomes and Overall Outcomes and
subsequently the purpose of the Public Passenger Transport State Code.
6.5.3 Module 18.1 Filling, Excavation and Structures State Code
The proposed development achieves compliance, or can achieve compliance, with all applicable Acceptable
Outcomes of the Filling, Excavation and Structures State Code.
Alternative outcomes are only proposed where an applicable Acceptable Outcome is not provided. All
alternative outcomes provided demonstrate that the proposal complies with the corresponding Performance
Outcome.
The proposal therefore achieves compliance with all Performance Outcomes and Overall Outcomes and
subsequently the purpose of the Filling, Excavation and Structures State Code.
6.5.4 Module 18.2 Stormwater and Drainage Impacts on State Transport Infrastructure State
Code
The proposed development achieves compliance with all applicable Acceptable Outcomes of the Stormwater
and Drainage Impacts on State Transport Infrastructure State Code.
Alternative outcomes are only proposed where an applicable Acceptable Outcome is not provided. All
alternative outcomes provided demonstrate that the proposal complies with the corresponding Performance
Outcome.
The proposal therefore achieves compliance with all Performance Outcomes and Overall Outcomes and
subsequently the purpose of the Stormwater and Drainage Impacts on State Transport Infrastructure State
Code.
6.5.5 Module 19.2 Transport Infrastructure and Network Design State Code
The proposed development achieves compliance with all applicable Acceptable Outcomes of the Transport
Infrastructure and Network Design State Code.
Alternative outcomes are only proposed where an applicable Acceptable Outcome is not provided.
All alternative outcomes provided demonstrate that the proposal complies with the corresponding Performance
Outcome.
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The proposal therefore achieves compliance with all Performance Outcomes and Overall Outcomes and
subsequently the purpose of the Transport Infrastructure and Network Design State Code.
6.6 The Noosa Plan
6.6.1 Desired Environmental Outcomes
Part 3 of The Noosa Plan identifies the desired environmental outcomes for the Noosa Shire local government
area.
The site is identified within the SBC element of the shire (refer to Figure 4 – Planning Scheme Strategy
Map). The DEOs are detailed within land use categories, with the most applicable to the proposed
development being the DEO located under the Commercial and Retail Uses heading, which states:
“A hierarchy of centres with a range of Commercial and Retail business uses provide suitable levels
of amenity, service and access to the community, consistent with the community’s location and needs
and is based on—
i. a proportion of Noosa’s higher order needs fulfilled by centres in other areas, particularly the key
regional centre of Maroochydore;
ii. the Shire Business Centre, a Major Activity Centre for the purposes of the SEQ Regional Plan and
the highest order centre within Noosa Shire, developed in stages consistent with the needs of the
population of Noosa Shire and areas to the immediate south;
iii. protecting the long term viability of the Shire Business Centre as the principal business, retail and
administrative centre;
iv. recognising that it may be necessary to increase floor space in existing centres to meet changing
needs, provided any increased floor space does not impact on the successful operation and
development of the Shire Business Centre;
v. business centres at Cooroy, Noosa Junction, Noosaville and Tewantin;
vi. neighbourhood or visitor centres at Peregian Beach, Sunrise Beach, Sunshine Beach, Noosa
Heads, Noosaville, Tewantin, Cooroibah and Teewah;
vii. the town of Pomona and the village centres of Kin, Boreen Point and Cooran;
viii. Uses that comprise a large component of Commercial and Retail business uses or other non-
industrial uses are not located on land that is otherwise intended for Industrial business uses;
ix. Home-based business uses that contribute to the economy of Noosa, but do not reduce
surrounding residential amenity or environmental values; and
x. energy efficiency and water conservation principles.
The planning scheme also records the community implications of commercial and retail uses, which provide
further desired outcomes for development from a community-driven perspective. Relevant community
implications include the following:
“Residents and visitors use commercial & retail facilities on a day-to-day basis. The character and
design of the establishments in which such business facilities are conducted are therefore a significant
influence on resident and visitor perception of Noosa.
Features such as human scale, development integrated with surrounding built form and landscape
fabric, visual relationships between indoor spaces and outdoor spaces, low key informal atmospheres
and low stress traffic environments play a key role in characterising commercial and retail facilities in
Noosa. These features are recognised and sought by the Noosa community and distinguish facilities
in Noosa from those in other Sunshine Coast and south-east Queensland areas.
Commercial and retail facilities that recognise and reflect the natural character and environment values
of Noosa will assist in achieving sustainable economic and employment growth across a range of
industry sectors.
…
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Businesses use energy efficiency principles in design and minimise the reliance on fossil fuels for
thermal comfort and water heating.
Protecting the long term viability of the Shire Business Centre may mean setting aside short term
needs to ensure the medium-long term implementation of the centre. No other centres or major retail
and commercial development are intended within the coastal urban settlements, with the exception of
those servicing predominantly neighbourhoods and local communities.
Existing centres in Noosa serve different roles and will strive to find a market edge, strengthen their
market position and reinforce their individual identifies as a means of retaining their competitiveness
within the established retail hierarchy.”
Applicant’s Response
The proposed development supports Council’s hierarchy of centres by providing an appropriate level of
additional retail and commercial services within the SBC, in an effort to promote its standing as the highest-
order centre within the Noosa Shire and as a MRAC under SEQRP 2009.
The proposal includes a discount department store, two supermarkets and a range of specialty stores which
promote greater convenience and choice for the Noosa community. It is expected to directly generate
approximately 800 (net) jobs as well as additional employment opportunities during construction and indirect
employment opportunities throughout the broader economy.
The proposal also serves as a catalyst for future development of the SBC creating the critical mass necessary
for the centre to become a true multi-functional employment node, whilst protecting the medium- and long-
term needs of the SBC by concentrating employment and support business services in the centre. The Retail
Needs Assessment prepared by Urbis (Appendix J to this report) demonstrates there is a need for additional
retail development in Noosa, whch can be accommodated in the SBC.
Although the expansion will assist Council in maintaining the significance of the SBC within the Noosa Shire,
the primacy of Maroochydore, as the highest-order retail and commercial centre in the Sunshine Coast, is not
undermined by the proposed expansion, particularly as the proposal does not include a department store. As
such, a proportion of Noosa’s higher-order needs will continue to be fulfilled by centres in other areas,
particularly the key regional centre of Maroochydore.
Similarly, the Retail Needs Assessment prepared by Urbis (Appendix J to this report) finds that the proposed
development will not impact on the role and function of other centres in the hierarchy.
The proposed expansion does not involve any land uses which would elevate the development to a level
beyond which the Noosa Shire population catchment is capable of supporting. Significantly, the retail need
assessment which is provided in support of this development application (refer Appendix J) demonstrates
that a development of the scale proposed is needed in Noosa in order to respond to current and projected
demand for retail and commercial services.
In addition, the proposed expansion does not affect Council’s master planning for the SBC, which has sufficient
capacity to accommodate projected employment and business growth. Moreover, the purposive intent of the
SBC, namely its accommodation of business, retail and other services supporting Noosa Shire, is not
undermined by the proposed expansion.
For a more detailed examination of how the vision for the SBC will be achieved and the economic and
community need for the proposed development, please refer to Section 7.0 of this report.
Accordingly the proposed development does not cut across any planning strategy or policy articulated in The
Noosa Plan.
Noosa Shire is defined by its natural character and landscape values, and the proposed expansion has been
designed to meet community expectations for contemporary South-East Queensland retail design guided by
sub-tropical design principles. The built form is low scale, using the land form to its advantage, and connected
to the environment, with a mix of indoor and outdoor environments to take advantage of Noosa’s sub-tropical
climate and lifestyle. The proposed development is screened by a vegetated buffer, predominantly 8m in depth
bordering the internal loop road, a low speed environment, which is further separated from the external road
network by future development land in Precincts E6 and E7. As a result, the development will not result in
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unreasonable visual impacts on surrounding land uses as well as vehicles travelling via Eenie Creek Road
and Walter Hay Drive.
Therefore in light of the above assessment, the proposed expansion is considered to be consistent with the
DEOs for commercial and retail uses within the Noosa Shire.
6.6.2 Noosaville Locality Overall Outcomes
The Noosaville Locality Plan identifies the following applicable overall outcomes:
a) New uses and works are located, designed and managed to—
i be compatible with other uses and works;
ii maintain the safety of people and works;
iii avoid significant adverse impacts on the amenity enjoyed by users of other premises,
including acoustic and visual qualities; and
iv avoid significant adverse effects on the natural environment, including native habitat removal,
fragmentation and attrition;
b) Development is consistent with the Priority Infrastructure Plan in Part 15;
c) Noosaville retains its role as a focus for visitor accommodation and services in the Shire;
…
i) Significant retail and commercial uses provide residents and visitors with a range of low to high
order goods and services;
j) Business centres are significant employment nodes and are serviced by public transport;
…
l) Areas of native remnant or regrowth vegetation, including their biodiversity and habitat values are
protected and retained in their natural state;
m) The environmental and aesthetic values of Noosa National Park, Keyser Island and Weyba Creek
Conservation Parks; Noosa River and its foreshore; Lakes Doonella and Weyba; Eenie and
Weyba Creeks and their associated riparian communities are of the highest significance and have
the highest order of protection;
n) Gibson Road, part of Mary Street, Noosa Parade, Reef Street, Weyba Road, Walter Hay Drive,
Eenie Creek Road, Beckmans Road and Eumundi-Noosa Road are protected as parts of the
Noosa’s major road network;
o) The function, safety and visual amenity of the Noosa’s major road network are protected; …”
Applicant’s Response
The proposed expansion involves new building work on land located adjacent to the existing Noosa Civic. The
development is to complement and support the existing centre, as reflected in the site plan, which provides for
a number of linkages and connections between the two components. These linkages will further improve
legibility and pedestrian permeability throughout the SBC. As an expansion of the existing Noosa Civic, the
proposed development is compatible with existing development on the site.
The containment of the bulk of the development within the boundaries of Precinct E1 whilst maintaining
predominantly an 8m vegetated landscape buffer to the internal loop road serves to reduce visual amenity
impacts and promotes landscape and natural character values that are present within the Noosa Shire.
Whilst vegetation clearing is required, in conflict with overall outcome l), clearing is limited to the development
footprint and maximises tree retention within Covenant J. Clearing during construction will occur sequentially
under the supervision of a spotter catcher. An offset will also be provided for the clearing of koala habitat trees
in accordance with the Queensland Environmental Offset Policy 2014, which will also act to offset the impacts
of clearing on other MSES. Provision of an offset under the Environmental Offset Policy 2014 will also
compensate for local environmental impacts (matters of local environmental significance).
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Although the proposed expansion does not involve any residential land uses, the development will provide
retail and commercial uses which provide residents and visitors with a range of goods and services. The retail
need report provided in Appendix J demonstrates that there is a need to provide these services for the benefit
of residents.
The proposed development is consistent with the Priority Infrastructure Plan and does not fetter its
implementation. A public transport hub is not proposed as part of this application, however there remains an
opportunity for such a facility to be provided on the site in the future in the location identified by Map SBC. No
new roads are proposed under the PIP which are affected by the proposal. Investigations to date reveal
sufficient capacity exists within the existing water supply and sewerage service networks to cater for the
proposed expansion of Noosa Civic. Those investigations will continue with Noosa Shire Council and
UnityWater following the lodgement of the application.
The proposed expansion will not adversely affect the aesthetic values of the Noosa National Park, which is
located to the east of the site, on the opposite side of Walter Hay Drive, nor will the development adversely
impact on the reserve areas located to the south, south-east and south-west of the site.
Noosa’s major road network is capable of accommodating the proposed expansion, the function, safety and
visual amenity of which remains protected (refer to Section 7.0 and Appendix D – Traffic Impact
Assessment to this report).
The proposed development will contribute the local economy through significantly increased employment
levels, directly and indirectly, during construction and from its ongoing operation (refer to Section 8.3 and
Appendix J – Retail Needs Assessment to this report). The site remains well serviced by public transport
with a bus stop provided in front of the existing Noosa Civic. Whilst an inter-regional transit facility is not
proposed as part of this application, the proposed development does not fetter the opportunity for such a facility
to the provided in Precinct E6 – Employment (Business Offices & Transit), as identified by The Noosa Plan, in
future.
The proposed expansion is therefore consistent with the overall outcomes for development in the Noosaville
Locality, except for the identified conflict with l) by virtue of clearing vegetation, thereby not retaining it in its
natural state.
6.6.2.1 Noosaville Locality Plan – Shire Business Centre Zone Overall Outcomes
The Noosaville Locality Plan also includes the following overall outcomes specific to the Shire Business Centre
Zone:
w) For the Shire Business Centre Zone—the Shire Business Centre—
i. is a Major Activity Centre for the purposes of the SEQ Regional Plan, and the principal
business centre for Noosa, servicing Noosa-wide business and employment needs by
providing for a range of Business Uses as well as administrative, community, and open space
functions;
ii. is a multi-function employment node forming the major focus of employment growth in the
coastal area of Noosa;
iii. follows a logical sequencing of development consistent with the needs of the community that
is dependent on the—
A) timing and construction of the external and internal road systems, including Walter Hay
Drive;
B) dedication of a substantial area of open space; and
C) development of a substantive amount of non-retailing development for employment
opportunities beyond Retail business;
iv. is developed at a low scale and density with distinctive and unique design elements,
determined by the setting and recognisable as a Noosa development;
v. comprises buildings of low rise form separated by attractive and low key informal spaces that
are integrated with landscaping and open space areas;
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vi. has an outdoor focus, particularly for Retail business uses, office uses and Community Uses;
vii. provides for an inter-regional transit facility that functions as an integrated public transport
node, with pedestrian and bicycle paths and appropriate external connections;
viii. provides visual and physical connectivity across and throughout the site;
ix. is designed to ensure that peak traffic flows and access to the Shire Business Centre do not
impact on the wider functions of Eenie Creek Road and Walter Hay Drive;
x. retains development capacity within the Shire Business Centre in the longer term to take
advantage of potential new employment opportunities;
xi. is developed into precincts, as depicted on Schedule 4 - Shire Business Centre Map, which
include a dynamic mix of development with an appropriate integration of uses within each,
including—
A) Business Precincts (B1-B2), which provide for the highest order of retail development in
Noosa and comprises the retail core of the Shire Business Centre site, with associated
car parking generally located with Precinct B2;
B) Precinct B3, which provides for showroom and office development;
C) Employment Precincts (E1-E7) for future employment growth, which include 3 precincts
(E1, E2, E3) with preferred themes to allow these precincts to take advantage of new
employment opportunities;
D) a civic area located within Precinct E1, which provides for a range of civic uses and
functions;
E) an inter-regional transit facility in Precinct E6;
F) a Residential Precinct (RES), which provides residential support accommodation to the
other key precincts; and
G) a Minor Recreation/Minor Mixed Use/Open Space Precinct (REC/MU), developed for the
purposes of a minor recreation use or minor mixed-use development.
Applicant’s Response
The proposed development supports and further promotes the development of the Shire Business Centre
Zone as a MRAC, seeking approval for a range of uses which are consistent and compatible with the role and
function of the SBC as a MRAC.
The proposed development will diversify employment opportunities in the SBC and is well-located to take
advantage of the existing road and public transport networks which service the site. The expansion does not
affect the ability of the SBC to respond to employment opportunities in the future, as discussed in greater detail
in Section 7 and Appendix K to this report.
The expansion maintains the logical layout and siting of development anticipated by Map SBC and results in
the development being substantially contained within the Precinct E1 boundary (with the exception of road
works and the pedestrian link over Covenant J). This allows the remainder of the SBC to maintain capacity to
provide future employment sources, as demonstrated in Appendix L.
The proposal forms a logical expansion of the existing centre and is proposed in direct response to community
need for the land uses proposed, as discussed in greater detailed in Section 7 and Appendix J to this report.
The expansion incorporates the extension of the internal road network in a manner consistent with Map SBC
to allow for access and servicing to be provided while maintaining prominent areas of the site as open space
and landscaping, including Covenant J.
With the exception of the Eumundi-Noosa Road/Eenie Creek Road/Eumundi Road intersection, the external
road network has adequate capacity to cater for the proposed development. The Eumundi-Noosa Road/Eenie
Creek Road/Eumundi Road intersection will fail to operate acceptably, without post-development traffic
volumes, by 2022. An upgrade is required to a signalised intersection to operate effectively, even without traffic
generated by the proposed development. For further detail, please refer to Appendix D to this report.
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The built form of the development is of a low scale and includes distinctive design elements, such as the
extensive retention of native vegetation and use of landscaping and the outdoor and pedestrian focus of key
areas of the proposal. Interaction between indoor and outdoor spaces and the integration of the built and
natural environments are key drivers in the design of the expansion. The proposal’s design demonstrates the
embracing of the principles of “Noosa style” (as discussed in Appendix I), which allows the expansion to
provide an urban environment which is responsive to site characteristics and adjoining development and
compliments the character of the surrounding area and broader Noosa locality.
The proposed built form is separated from existing and future development by a range of open space areas,
including retained vegetation, new landscaping and outdoor pedestrian areas. Outdoor areas are focused near
key pedestrian entry points and include the Civic Plaza, multi-use area and restaurant precinct. The design,
particularly in the north of the proposal near the Civic Plaza, promotes the development of an informal setting
and provides an outdoor focus. The provision of a pedestrian link through Covenant J also intends to create a
connection between built and natural environments, with permeable edges provided.
The Covenant J pedestrian link also shows the proposal’s emphasis on the creation of visual and physical
connectivity across and throughout the site, with this pedestrian link ensuring connectivity with the existing
centre, while also maintaining separation to promote a “Noosa style” built form. The proposal’s design,
particularly defined pedestrian spaces, provides clear physical connections and quality sightlines through the
expansion.
In response to overall outcomes specifically applicable to Employment Precinct E1, the following comments
are made:
the proposed development does not undermine the vision for the SBC to develop as the highest order
centre in the Shire and the focus for key employment and business activities within Noosa;
the proposed development seeks to consolidate the existing retail core, consistent with community
need, so as to provide the vitality and critical mass necessary for the established retail centre to
function as the catalyst for the employment-generating, civic, administrative and transit activities;
the proposed expansion responds to community need and market demand and will significantly
increase employment opportunities within the SBC (refer to Appendix J);
the proposed expansion does not affect the ability of the SBC to take advantage of new employment
opportunities in the future (refer to Section 7 of this report);
sufficient land remains within the SBC to accommodate future employment opportunities and
commercial space needs (refer to Section 7, Appendix K and Appendix L to this report); and
the proposed development incorporates a Civic Plaza at the northern extent of the expansion area
which is able to accommodate a range of public activities and functions and provides a location for the
development of social capital.
In view of the above assessment, the proposed expansion is generally consistent and complies with the
relevant overall outcomes sought for the Shire Business Centre Zone.
To the extent that the proposed development includes inconsistent uses within the Employment Precincts and
is in conflict with The Noosa Plan, any such conflict does not undermine the overall outcomes of the Shire
Business Zone. There are sufficient grounds to justify the approval of the development application, despite
any such conflict (refer to Section 8 of this report for a discussion of the sufficient grounds).
6.6.2.2 Open Space Conservation Zone Overall Outcomes
The overall outcomes for the Open Space Conservation Zone are as follows:
aa) For the Open Space Conservation Zone – natural environmental values of high order and
warranting conservation status are-
(i) protected for their importance in contributing to ecological sustainability including maintenance
of water quality and provision of habitat and open space linkages; and
(ii) appropriately managed to the general exclusion of development or any further subdivision of
freehold lots.
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Applicant’s Response
The proposed development is partially located within the Open Space Conservation Zone.
The Open Space Conversation Zone is broadly, but not precisely, aligned to SBC Precinct OS7 and Covenant
J. Covenant J, rather than the Open Space Conversation Zone and SBC Precinct OS7, has been adopted as
the indicative boundary beyond which development is to be restricted as it represents a more accurate
representation of the drainage corridor and the vegetation within it that is sought to be retained. For a
discussion about the interrelationship of the three designations, please refer to Section 7.4 of this report.
The proposed development largely retains vegetation within SBC Precinct OS7 to maintain its drainage
function and to provide separation between the existing centre and the proposed development. Some
vegetation will be removed to accommodate two central support structures of the pedestrian link as well as
road batters for the Hofmann Drive extension. However the pedestrian link has been designed to provide
minimal disruption and disturbance within the vegetated area, as it otherwise spans Covenant J. This design
allows the covenant to maintain habitat connectivity and waterway functions, as discussed in detail in
Appendix E and Appendix F.
The provision of a pedestrian connection through the covenant area is anticipated on Map SBC and the
proposed pedestrian link is consistent with this mapping. Furthermore, the Negotiated Decision Notice issued
by Noosa Shire Council on 14 August 2003, and subsequently changed on 17 March 2005 and 13 April 2006,
for the existing Noosa Civic contained two conditions of approval which referenced a future bridge connection
over OS7. The Negotiated Decision Notice included approved plans of development which also showed a
future bridge connection. The proposed pedestrian link over Covenant J is consistent with the intent for a key
linkage to be provided through this part of the site.
In order to ensure that the retained Covenant J is appropriately managed through the ongoing operation of
Noosa Civic, a CIMP (refer to Appendix G) has been prepared. The plan outlines a range of targets and
actions to ensure the continued preservation of the vegetation within the covenant.
The proposed expansion is generally consistent and complies with the relevant overall outcomes sought for
the Open Space Conservation Zone.
6.7 Compliance with Applicable Codes
The proposed development generally complies with the applicable provisions of the relevant codes.
With respect to demonstrating compliance with the applicable codes, The Noosa Plan states at Part 2, Section
2.8.2 that:
“Probable solutions identified in the Noosa Plan are not exhaustive and alternative solutions that achieve
the outcomes and purpose of the applicable codes may be proposed by applicants.”
Where non-compliance with a probable solution exists (or a probable solution is not prescribed), an alternative
solution has been offered to achieve compliance with the corresponding specific outcomes and consequently
the purpose of the codes.
6.7.1 Noosaville Locality Code
The proposed development achieves compliance, or can achieve compliance, with most of the applicable
Probable Solutions of the Noosaville Locality Code.
The proposed development does not comply with Probable Solutions S9.1 (setbacks), S23.1 (open space
network) and S123.1 (consistent uses).
In relation to Probable Solutions S9.1 and S23.1, Alternative Solutions are proposed in these instances, which
demonstrate the proposed development’s compliance with the corresponding Specific Outcomes (O9 and
O23) of the code. These Alternative Solutions are discussed in Section 7 of this report. In relation to Probable
Solution S123.1, the proposed development does not comply with the corresponding Specific Outcome of the
code (O123).
In instances where an applicable Probable Solution is not provided in the Noosaville Locality Code, an
Alternative Solution is generally provided which demonstrates the proposed development’s compliance with
the corresponding Specific Outcome. Alternative Solutions are not provided in relation to Specific Outcomes
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O11, O16, O88, O89, O106, O123, O124, O205, O206, O210 and O221 as compliance with these Specific
Outcomes is not achieved by the proposal.
The Noosaville Locality Code states, at Part 11, Section 11.7 that:
“Development complies with the Noosaville Locality Code if it—
11.7.1 fulfils the specific outcomes for the locality in Division 17; and
11.7.2 is a consistent use and fulfils the specific outcomes for the relevant zones (Divisions 18 to 28).”
The proposed development does not comply will all applicable Specific Outcomes and therefore, under section
11.7, does not comply with the Noosaville Locality Code.
The proposed development does not comply with the provisions of the Noosaville Locality Code in three
respects:
Scale
O8 provides a maximum building height of 12 metres or 3 storeys in Precincts E1 and E2 and 8 metres
or 2 storeys in the Shire Business Centre Zone and in all other zones. In relation to Precinct OS7,
where parts of the precinct are within the Open Space Conservation Zone (the two do not precisely
align), the proposed development exceeds 2 storeys or 10 metres in height;
O11 provides a maximum site cover of 50% and O16 requires a maximum plot ratio of 0.6 times site
area in Precinct E1. The proposed development, which is predominantly located within Precinct E1
(4.0 hectares), includes a site cover of 93% and a plot ratio of 0.92;
O106 provides for a maximum gross floor area in Precinct B1 of 18,300m2. Existing retail floor space
in Precinct B1 is 18,535m 2, to be increased to 19,225m2 by the proposed development;
Areas of open space
O210 and O221 require the retention and enhancement of Open Space Precincts in their natural
state. The proposal involves development within Precinct OS7;
Use and employment opportunities
O88 and O89 identify consistent and inconsistent uses respectively in the Shire Business Centre
Zone. The proposed development involves uses which are inconsistent uses;
O123 and O124 require the establishment of a key employment node, including a major employment
tenant, in new knowledge industries/business sectors in Precinct E1. The proposed development
does not establish this node or include a major employment tenant in a new business sector;
O205 and O206 identify consistent and inconsistent uses respectively in the Open Space
Conservation Zone. The proposed development involves uses which are inconsistent uses.
Sufficient grounds which justify approval of the development despite the conflict are discussed in Section 8 of
this report.
6.7.2 Business Uses Code
The proposed development achieves compliance, or can achieve compliance, with all applicable Probable
Solutions of the Business Uses Code. In instances where a Probable Solution is not provided, an Alternative
Solution is proposed which demonstrates the proposal’s compliance with the corresponding Specific
Outcomes of the code.
The Business Uses Code states that development complies with the code if it is consistent with the Specific
Outcomes of the code. The proposed development achieves compliance with all Specific Outcomes of this
code.
6.7.3 Building Works Code
The proposed development achieves compliance, or can achieve compliance, with most of the applicable
Probable Solutions of the Building Works Code.
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In two instances, in relation to Probable Solutions S1.1 and S19.2, compliance is not achieved and an
Alternative Solution is provided. These Alternative Solutions are discussed in Section 7 and Appendix A of
this report respectively.
In one instance, the proposed development does not comply with a Specific Outcome of the Building Works
Code, being O10 in relation to building height.
As the proposed development does not comply will all applicable Specific Outcomes, it does not comply with
the Building Works Code.
6.7.4 Biodiversity Overlay Code
The proposed development achieves compliance with most of the applicable Probable Solutions of the
Biodiversity Overlay Code.
In some instances Alternative Solutions to the provided Probable Solutions are proposed. Alternative Solutions
are proposed in relation to Probable Solutions S4.1, S8.1, S8.2, S9.1, S10.1, S11.1, S11.2 and S14.1-S14.4.
In all other instances Alternative Solutions are only proposed where an applicable Probable Solution is not
provided.
All Alternative Solutions provided demonstrate that the proposed development achieves compliance with the
corresponding Specific Outcome of the code.
The proposal therefore achieves compliance with all Specific Outcomes and the Biodiversity Overlay Code as
a whole.
6.7.5 Natural Hazards Overlays Code
The proposed development achieves compliance with all applicable Probable Solutions of the Natural Hazards
Overlays Code. Alternative Solutions are only proposed where an applicable Probable Solution is not provided.
The proposal therefore achieves compliance with all Specific Outcomes and the Natural Hazards Overlays
Code as a whole.
6.7.6 Community Uses Code
The proposed development achieves compliance, or can achieve compliance, with all applicable Probable
Solutions of the Community Uses Code. Alternative Solutions are only proposed where an applicable Probable
Solution is not provided. The proposal therefore achieves compliance with all Specific Outcomes and the
Community Uses Code as a whole.
6.7.7 Infrastructure Uses Code
The proposed development achieves compliance, or can achieve compliance, with all applicable Probable
Solutions of the Infrastructure Uses Code. In instances where a Probable Solution is not provided, an
Alternative Solution is proposed which demonstrates the proposal’s compliance with the corresponding
Specific Outcomes of the code.
The Infrastructure Uses Code states that development complies with the code if it is consistent with the Specific
Outcomes of the code. The proposed development achieves compliance with all Specific Outcomes of this
code.
6.7.8 Driveways and Carparking Code
The proposed development achieves compliance, or can achieve compliance, with most of the applicable
Probable Solutions of the Driveways and Carparking Code.
In some instances Alternative Solutions to the provided Probable Solutions are proposed. Alternative Solutions
are proposed in relation to Probable Solutions S7.1, S12.1, S13.1 and S19.1. These Alternative Solutions are
discussed in detail in Appendix D.
In all other instances Alternative Solutions are only proposed where an applicable Probable Solution is not
provided.
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All Alternative Solutions provided demonstrate that the proposed development achieves compliance with the
corresponding Specific Outcome of the code.
The proposal therefore achieves compliance with all Specific Outcomes and the Driveways and Carparking
Code as a whole.
6.7.9 Earthworks Code
The proposed development achieves compliance, or can achieve compliance, with all applicable Probable
Solutions of the Earthworks Code. Alternative Solutions are only proposed where an applicable Probable
Solution is not provided. The proposal therefore achieves compliance with all Specific Outcomes and the
Earthworks Code as a whole.
6.7.10 Erosion and Sediment Control Code
The proposed development achieves compliance, or can achieve compliance, with all applicable Probable
Solutions of the Erosion and Sediment Control Code. The proposal therefore achieves compliance with all
Specific Outcomes and the Erosion and Sediment Control Code as a whole.
6.7.11 Existing Services Code
The proposed development achieves compliance with all applicable Probable Solutions of the Existing
Services Code. The proposal therefore achieves compliance with all Specific Outcomes and the Existing
Services Code as a whole.
6.7.12 Landscaping Code
The proposed development achieves compliance, or can achieve compliance, with all applicable Probable
Solutions of the Landscaping Code. Alternative Solutions are only proposed where an applicable Probable
Solution is not provided. The proposal therefore achieves compliance with all Specific Outcomes and the
Landscaping Code as a whole.
6.7.13 Transport, Roads and Drainage Code
The proposed development achieves compliance, or can achieve compliance, with all applicable Probable
Solutions of the Transport, Roads and Drainage Code. In instances where a Probable Solution is not provided,
an Alternative Solution is proposed which demonstrates the proposal’s compliance with the corresponding
Specific Outcome of the code. This is with the exception of Specific Outcome O7, where the proposed
development does not achieve compliance. Specific Outcome O7 requires the design of roads and
intersections to maintain the safe and efficient functioning of the road network without the use of traffic signals.
The Transport, Roads and Drainage Code states that development complies with the code if it is consistent
with the Specific Outcomes of the code. As the proposed development does not achieve compliance with all
Specific Outcomes, compliance is not achieved with the code. Further explanation is provided in Section 7
while sufficient grounds which justify the approval of the development application despite the conflict are
discussed in Section 8 of this report.
6.7.14 Waste Management Code
The proposed development achieves compliance, or can achieve compliance, with most of the applicable
Probable Solutions of the Waste Management Code.
In some instances Alternative Solutions to the provided Probable Solutions are proposed. Alternative Solutions
are proposed in relation to Probable Solutions S3.1-3.4, S5.1 and S5.2.
In all other instances Alternative Solutions are only proposed where an applicable Probable Solution is not
provided.
All Alternative Solutions provided demonstrate that the proposed development achieves compliance with the
corresponding Specific Outcome of the code.
The proposal therefore achieves compliance with all Specific Outcomes and the Waste Management Code as
a whole.
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6.7.15 Water Sensitive Design Code
The proposed development achieves compliance, or can achieve compliance, with all applicable Probable
Solutions of the Water Sensitive Design Code. Alternative Solutions are only proposed where an applicable
Probable Solution is not provided. The proposal therefore achieves compliance with all Specific Outcomes and
the Water Sensitive Design Code as a whole.
6.7.16 Water Supply and Sewerage Reticulation Code
The proposed development achieves compliance, or can achieve compliance, with most of the applicable
Probable Solutions of the Water Supply and Sewerage Reticulation Code.
In some instances Alternative Solutions to the provided Probable Solutions are proposed. Alternative Solutions
are proposed in relation to Probable Solutions S5.1-5.4, S6.1, S12.1-12.4 and S13.1.
In all other instances Alternative Solutions are only proposed where an applicable Probable Solution is not
provided.
All Alternative Solutions provided demonstrate that the proposed development achieves compliance with the
corresponding Specific Outcome of the code.
The proposal therefore achieves compliance with all Specific Outcomes and the Water Supply and Sewerage
Reticulation Code as a whole.
6.8 Crime Prevention Through Environmental Design Guidelines for
Queensland
The Crime Prevention Through Environmental Design (CPTED) Guidelines for Queensland provide a range
of key planning and design principles which are intended to guide private and public development to maximise
safety and crime prevention within urban environments.
Part A outlines the key principles underpinning the CPTED concept. Of particular relevance to the proposed
development are:
the overarching principles and actions provided in Chapter 3;
the specific principles and actions applying to the design of buildings provided in Chapter 6, Part 2;
and
the specific principles and actions applying to the design of centres provided in Chapter 6, Part 4.
A detailed response to the relevant principles and actions of the CPTED guidelines is provided in Appendix
A.
In order to provide a response to the principles and actions, the actions have been taken to provide a way of
achieving each corresponding principle. The below sections provide a summary of the proposal’s compliance
with these provisions.
6.8.1 Important Principles and Guiding Ideas
The proposed development achieves compliance, or can achieve compliance, with each action of the
Important Principles and Guiding Ideas chapter of the CPTED guidelines.
6.8.2 The Design of Buildings
The proposed development achieves compliance, or can achieve compliance, with each action of The
Design of Buildings part of the CPTED guidelines.
6.8.3 The Design of Centres
The proposed development achieves compliance with each action of The Design of Centres part of the
CPTED guidelines.
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7 Key Planning Matters
The proposed development, in some instances, proposes Alternative Solutions to the Probable Solutions of
the codes of The Noosa Plan. In these instances, the Alternative Solutions proposed demonstrate the
proposal’s compliance with the corresponding Specific Outcome, in accordance with Part 2, Section 2.8.2 of
The Noosa Plan.
Instances where Alternative Solutions are proposed, or where the proposed development does not comply
with the Specific Outcomes of the relevant codes in The Noosa Plan, has informed the key planning matters
and are discussed in this section of the report.
7.1 Achieving the Shire Business Centre Vision
The Noosa Shire Council planning scheme intends that the SBC develops as the highest order centre in the
Shire and the focus for key employment and business activities within Noosa.
The proposed development involves an expansion of the existing Noosa Civic (the retail core) into parts of the
site which are currently identified in the planning scheme as an Employment precinct (predominantly Precinct
E1), part of Precinct E6 (road), Precinct E7 (road) and Precinct OS7.
The proposed development, however, does not undermine the vision for the SBC.
Instead, the proposed development seeks two complimentary outcomes:
1. to satisfy a current community need for additional retail floor space, in a manner which maintains the
structure of the SBC intended by The Noosa Plan; and
2. to facilitate the SBC achieving its intended role and function under The Noosa Plan, by:
a. not fettering the accommodation of employment-generating, civic, administrative and transit
activities; and
b. providing the vitality and critical mass necessary for the retail centre to function as a catalyst
to attract the employment-generating, civic, administrative and transit activities.
The Noosa Plan provides for the development of up to 197,300m2 of floor space within the SBC2.
Of the total developable floor space, 30,641m2 has currently been developed as part of the existing Noosa
Civic, including 5,000m2 of commercial office floor space. The proposed development comprises 22,870m 2
GLA of additional and reconfigured retail floor space and 9,655m 2 GFA of mall and back of house area, which
will increase total floor space to approximately 63,166m2. This initial focus on retail development, followed by
a subsequent increase in non-retail development, is consistent with the ordinary sequencing and maturing of
a mixed use centre such as the SBC.
If the existing Noosa Civic and the proposed development are taken into account and development on the
residential precinct excluded, 92,700m2 of floor space remains available on future development sites for non-
retail development3, calculated in accordance with the plot ratios for these precincts specified in The Noosa
Plan.
It should be noted that this calculation does not take into account the Masters Home Improvement Centre
(which includes an outdoor garden centre component) and separate showroom, which has been approved,
but not yet constructed, or recent warehouse approvals within but at the western periphery of the SBC. These
developments are located in SBC Precincts B3, OS3, OS5, E4 and E5 and comprise approximately 26,931m2
of floor area. If the Masters and warehouse approvals are implemented the total available floor space on future
development sites within the SBC will be reduced to 65,769m2.
A commercial needs assessment prepared by Urbis (refer to Appendix K to this report for details) estimates
the demand for commercial office floor space in the SBC between 2013 and 2031 to be between 1,360m2 and
8,000m2.
2
Calculated by applying the plot ratios to the nominated areas for each precinct on Map SBC
3
Calculated by applying the plot ratios to the nominated areas for Precincts E1 – E7 and Precinct REC/MU on Map SBC
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With a minimum 65,769m2 of additional floor space available to be developed for non-retail uses, there is
sufficient capacity to accommodate any future commercial office need. To illustrate the point, a plan has been
prepared by The Buchan Group (refer to Appendix L – Commercial Office Scenario and Supporting
Strategies). The plan conceptually illustrates how an additional 15,000m2 of commercial office space can be
accommodated on the site. The floor space can be provided in five, low-rise, low scale buildings at key gateway
locations, leaving a substantial amount of land available for development, including a future transit stop.
Landscape and circulation strategies form key concepts in the development of the SBC. These concepts have
been considered and incorporated into a future development scenario for commercial offices. That scenario
reveals logical circulation paths through and around the site, with the existing internal loop road forming the
backbone of that strategy, allowing for access to the major road network external to the site. A network of
bicycle and pedestrian footpaths traverse the site, providing connections to future development sites. These
paths build upon those identified on Map SBC. The landscape strategy ensures future development is located
within a bushland setting, well screened from the external road network. The vegetated corridor of Covenant
J is also prominent and opportunities for significant tree retention remain.
It is also apparent from the commercial office scenario that the proposed development will not fetter the future
achievement of Council’s vision for the SBC. That is, when the existing Noosa Civic, the proposed expansion
and the additional 15,000m2 of commercial office space is taken into account, there remains a significant
amount of land available for non-retail development. Like the commercial office scenario, the floor space at
full development could be accommodated in a number of low-scale, low-rise buildings which adhere to the plot
ratios and site cover requirements specified in The Noosa Plan for each of the precincts in which future
development is proposed.
The Commercial Office Scenario and Supporting Strategies demonstrate that, notwithstanding the proposed
development, the site retains ample capacity across a number of high quality development sites to
accommodate sufficient employment-generating, civic, administrative and transit activities to ultimately
achieve the vision sought for the SBC.
By proposing a layout consistent with Map SBC, this development application completes the internal loop road
and urban structure intended by The Noosa Plan. It is a robust structure, which establishes practical
development sites with good depth, gateway presence or frontage to the loop road. These development sites
are capable of a multiplicity of uses, either consistent with the uses currently envisaged by The Noosa Plan or
alternative uses, should Council decide at a future time to review the land use intentions.
7.2 The Centres Hierarchy
The Noosa Plan establishes a hierarchy of centres within the Shire which are to provide a range of commercial
and retail business uses to serve the community’s needs.
The hierarchy comprises:
the SBC;
business centres at Cooroy, Noosa Junction, Noosaville and Tewantin;
neighbourhood or visitor centres at Peregian Beach, Sunrise Beach, Sunshine Beach, Noosa Heads,
Noosaville, Tewantin, Cooroibah and Teewah; and
the town of Pomona and the village centres of Kin, Boreen Point and Cooran.
As discussed earlier in this report, the SBC is intended to be the highest order centre within the Shire to meet
the needs of the population within the Shire and beyond.
Noosaville is serviced by a range of centres which, broadly, are intended to service the local community and
visitor needs only. The locality includes the Noosa Village Shopping Centre, which is the only supermarket-
based centre in the Noosaville Business Centre Zone. This centre is intended to provide for the local
community needs of residents and visitors of Noosaville. The Noosa Plan notes that there is to be no significant
change in retail floor space at the Noosa Village Shopping Centre. Beyond Noosa Village, Noosaville includes
areas which are to provide business uses not normally found within or requiring location in a shopping centre,
including specialist services, offices, entertainment facilities, medical facilities, showrooms and the like.
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The Visitor Mixed Use Zone, along Gympie Terrace, provides for business uses that directly service visitors
accommodated in the immediate area and foreshore users
Noosa Heads (Hastings Street) is included in the Visitor Mixed Use Zone and is intended to service visitors to
the Shire with their day to day needs.
Noosa Junction includes a business centre which is intended to accommodate significant retail business, as
well as commercial, entertainment, dining, and community uses. The intent for Noosa Junction is to provide
residents and visitors with a range of goods and services, including some higher order services, in a manner
that does not detract from the role of the SBC as the principal business centre for Noosa.
Tewantin is a retail centre which serves the locality and wider hinterland, but also higher order non-retail
services including significant employment and administrative services.
In terms of retail services, all centres are subordinate to the SBC. Whilst some centres, including Noosa
Junction and Tewantin, provide some limited higher order services, those services are broadly limited to
service the immediate needs of nearby residents and visitors.
As demonstrated by the Retail Need Assessment prepared by Urbis (Appendix J – Retail Need Assessment
to this report), the other centres in the hierarchy, particularly supermarkets, are trading very strongly and are
expected to be very resilient.
Whilst all centres will be affected to some degree by the proposed development upon opening in 2018, all
centres are expected to achieve growth at least equivalent to the rate of inflation, if not more.
Further, the role and function of each of the centres within the network are not expected to be affected by the
proposed development.
7.3 Alternative Development Scenarios
The applicant has undertaken a significant amount of alternative scenario and option testing to determine the
most appropriate form of development on the site. The scenarios all proposed the provision of retail floor space
to satisfy community demand, but they varied in layout, access, treatment of open space and composition of
additional uses.
A range of businesses and industries were consulted to determine the level of interest for non-retail
development on the site, including education uses (universities and TAFE), commercial uses, entertainment
uses (cinema operators), hospitality providers (hotel and conference facilities; serviced apartment operators)
and health and wellbeing facilities. Those inquiries indicated that there was limited to no interest in the SBC.
These inquiries are reinforced by continued vacancies within the existing commercial buildings on the site.
The current development proposal was selected as the most appropriate for the site as it is broadly compliant
with The Noosa Plan because it:
maintains the intended Map SBC layout;
allows for the completion of the internal loop road,
creates substantial future development sites fronting the ring road and gateway locations which can
accommodate Noosa’s future non-retail needs;
promotes the environmental drainage function of Covenant J, and
offers the opportunity to create a civic ‘heart’ at the northern end of the expansion area.
The proposal is structurally robust and substantially compliant with The Noosa Plan. It can accommodate a
range of future uses to meet the needs of the community and does not fetter, but facilitates, the ability of the
SBC to achieve its role and function within the hierarchy of centres.
7.4 Visual Amenity and Landscape Strategy
A detailed Visual Impact Assessment has been prepared by Cardno (refer to Appendix I – Visual Amenity /
Landscape Integration Report to this report) to assess the impacts of the proposed development on the
visual environment of the local area.
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The Visual Impact Assessment has consequently informed the landscape strategy for the proposed
development (refer to Appendix C – Landscape Concept to this report).
7.4.1 Noosa Style
The Visual Impact Assessment identifies that Noosa has a distinctive landscape style as a result of its natural
setting and retention and protection of areas of native vegetation. As a result of this setting, the built form in
Noosa has a recognizable character which is predominately low rise, well designed and landscaped and
related to its natural setting. The assessment identifies this character as “Noosa style”, which includes the
following eight principles:
integration with environment and landscape setting;
dominance of local native vegetation in the landscape;
responsiveness to existing site features;
informal setting;
high quality;
strong indoor/outdoor relationships;
sweeping road pattern with roundabouts; and
sustainable and environmentally sensitive.
The assessment undertaken identifies that the proposed development provides an exemplar of the principles
of “Noosa style”. The assessment identifies that the proposal is integrated in the landscape, providing a
bushland setting which aligns with the Covenant J forest. The scale of the proposal is effectively hidden through
its wedge-shaped footprint and the retention of native vegetation and additional native planting, with sightlines
focused on natural features. The traditional “shopping mall” zone of the proposal is buffered and surrounded
by indoor/outdoor transition areas, landscaping and retaining vegetation. As a result, the built form is seen as
subordinate to the landscape.
Native vegetation can be seen to form a dominant landscape element through retained tall forest and dense
vegetation in Covenant J, retained and enhanced vegetation along the perimeter of the ring road and the use
of native species in proposed landscaping. The proposal also continues landscaping themes used in the
existing centre.
The assessment identifies that the proposal is responsive to existing site features through the excavation of
the undercroft car park into the slope of the site and its relationship with Covenant J, including the retention of
the natural drainage line and native vegetation and the design of the pedestrian link. The management of
Covenant J, along with the use of extensive native landscaping and recycled timber are also identified as
examples of sustainable development by the assessment.
An informal setting is identified as being provided through the provision of a range of precincts and transitional
areas that allow movement to occur between indoor and outdoor space, developing a low key and informal
external appearance. This approach also develops a strong relationship between internal and external space,
particularly at the north of the expansion. Elements such as the roof form, with its irregular design and
landscaping, and pedestrian link, are identified as locations where connection is provided between built and
natural forms.
The assessment also identifies that the proposal represents a high quality through its showcase use of timber
and native plants, with the built form providing a high standard of construction using high quality finishes.
The expansion of the internal road network is identified as being consistent with the intended sweeping road
and roundabout pattern.
7.4.2 Visual Integration and Screening Capacity
The visual assessment undertaken also considers the capacity for the site and surrounding area to provide a
source of visual integration and screening. The assessment identifies that the existing centre provides native
regrowth vegetation which is multi-layered and has excellent capacity for visual screening. The assessment
notes that in the short term, retained vegetation in the undeveloped “outer ring” (Precincts E6 and E7) will
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screen the proposal from view, while in the longer term, development of these precincts, in addition to a
retained and enhanced band of vegetation along the ring road will continue to screen the proposal. The
assessment finds that the design of the development and its relationship to the surrounding area will mean
that it is viewed as visually subordinate, particularly due to its low form, retention of vegetation, preservation
of Covenant J and extensive landscaping.
The proposed development will not only have an acceptable level of impact on the visual amenity of the site
and the broader locality, but will also provide a high quality architectural statement and built environment
appropriate to the function and character of the SBC.
7.4.3 Landscape Strategy
The proposed development has sought to immerse the built form elements into the vegetation on the site, with
the intention of integrating built form, public realm and car parking into the existing bushland character.
Vegetation within Covenant J has been retained (with few exceptions identified elsewhere in this report). The
proposal seeks to utilise this vegetation to reduce the bulk of the buildings and structures, as well as provide
opportunities for visitors to the site to enjoy the bushland setting.
Vegetation outside of Covenant J has also been retained where possible to promote natural character,
particularly in the Civic Plaza and within and around the car parking areas. These areas are clustered and
compartmentalised to reduce their prominence on site.
New plantings of endemic species will complement the existing vegetation to ensure local native vegetation
remains the dominant landscape feature on site.
7.5 Environmental Impacts
The Biodiversity Assessment undertaken by Cardno (refer to Appendix F – State and Local Government
Ecological Assessment to this report) identifies the proposed development, including the vegetation clearing
required to facilitate the development, results in the following impacts:
the loss of approximately 7.5ha of regrowth vegetation, which includes:
- approximately 7.2ha of koala medium value bushland habitat and medium value rehabilitation
habitat;
- the loss of approximately 3,118 koala habitat trees;
- habitat that has some value to several common reptiles, small mammals and birds, including
potential habitat for the Elf Skink, that may be present, but in undetectable numbers;
- approximately 0.02ha of regrowth vegetation associated with wetlands and possible Wallum
Froglet habitat;
- approximately 0.05ha (containing approximately 62 trees that are >10cm diameter at breast
height) within Covenant J expected as a consequence of a low light environment under the
pedestrian link; and
- approximately 0.02ha within the southern edge of Covenant J for road batters to allow for the
extension of Hofmann Drive through to Walter Hay Drive.
Proposed mitigation measures include:
surveying trees along the covenant interface to ensure they have been considered within project
design;
retaining trees and other native vegetation where practicable between the proposed development at
the internal loop road and the Hofmann Drive extension;
upgrading a low lying flooded culvert to enable greater wildlife movement between Covenant J and
Eenie Creek to the south;
elevating the pedestrian link to minimise tree clearing within Covenant J and encourage wildlife
movement;
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constructing servicing access on a podium to minimise the development footprint on potential Wallum
Froglet habitat;
incorporating stormwater management devices to ensure there are no downstream impacts;
implementing a Construction Environmental Management Plan;
undertaking sequential clearing of vegetation under the guidance of a spotter catcher; and
implementing a CIMP to manage potential edge effects to the covenant area.
To the extent that the impacts of the proposed development cannot be avoided or mitigated, it is intended to
provide an offset for the clearing of koala habitat trees in accordance with the Queensland Environmental
Offsets Policy 2014. Offsetting koala habitat trees also acts to offset the impacts of clearing on other MSES
as well as compensate for local environmental impacts (matters of local environmental significance) as outlined
in the response to the Biodiversity Overlay Code.
7.6 Precinct OS7, Covenant J and the Open Space Conservation Zone
7.6.1 The Interrelationship between Precinct OS7, Covenant J and the Open Space
Conservation Zone
The vegetated area of the site that separates the existing Noosa Civic from the expansion area is affected by
three separate designations, being:
Open Space Conservation Zone;
SBC Precinct OS7 – Open Space (Environmental Drainage); and
Covenant No. 710227518 over part of Lot 3 on SP246584, described as Covenant J in Lot 2 on
SP182845 (Covenant J).
The three designations are broadly, but not precisely, aligned, and consistent in area.
Covenant J and SBC Precinct OS7 comprise an area of approximately 13,000m2 4, while the Open Space
Conservation Zone is smaller in area at approximately 12,171m2.
The locational interrelationship of the three designations is illustrated in Figure 7.6 below.
FIGURE 7.6:
4
Covenant J: 12,966m2; SBC Precinct OS7: 13,087m 2 (approx.)
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SBC Precinct OS7 is one of the precincts shown on Map SBC forming the SBC. It represents the master plan
for the SBC. It is a graphical representation of indicative precincts and areas and predated development on
the site. Consequently SBC Precinct OS7 has not been surveyed, ‘ground-truthed’ or drawn with the level of
precision of a survey. SBC Precinct OS7, as indicated on Map SBC, is intended as an open space precinct for
environmental drainage purposes.
The Open Space Conservation Zone, which is intended to serve a multitude of purposes including maintaining
water quality and providing habitat and open space linkages, followed the SBC master plan. The location of
the Open Space Conservation Zone, which is very closely aligned to SBC Precinct OS7 (see Figure 7.6 above)
strongly suggests that the zoning is to give effect to the master plan precinct. That is, the zoning is intended
to support the maintenance of this part of the site for environmental drainage purposes.
Subsequently, the existing Noosa Civic was proposed, which involved ‘ground-truthing’ and documenting the
drainage corridor. This process gave rise to Covenant J, which was surveyed and registered on the title to the
site. Covenant J is therefore a more accurate representation of the drainage corridor and the vegetation within
it that is sought to be retained.
It is noteworthy that the existing Noosa Civic adopted Covenant J, rather than Open Space Conservation Zone
or SBC Precinct OS7, as the boundary to which development could be built. The existing Noosa Civic
development extends beyond the indicative boundaries of the Open Space Conservation Zone and SBC
Precinct OS7. It does not however extend into Covenant J.
For these reasons, the proposed development similarly adopts Covenant J as the boundary for development
within the expansion area, notwithstanding that it results in development extending beyond Precinct E1 and
into SBC Precinct OS7 and the Open Space Conservation Zone.
7.6.2 Development within Covenant J
The proposed development involves the following works within Covenant J:
clearing approximately 0.02ha adjacent to the southern boundary of the covenant area to create road
batters for the Hofmann Drive extension;
upgrading a culvert under Hofmann Drive to facilitate greater wildlife movement; and
constructing the elevated pedestrian link over the covenant area, which requires support structures
and footings within Covenant J.
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The covenant generally seeks to preserve native vegetation within the covenant area, however, it is not an
absolute prohibition on development within the covenant area.
The terms of the covenant allows development (including buildings, structures, trails, paths etc.) within the
covenant area where that development is approved by Noosa Shire Council.
A future bridge connection between SBC Precincts B1 and E1 was also contemplated at the time the existing
Noosa Civic was approved. The Negotiated Decision Notice issued by Noosa Shire Council on 14 August
2003, and subsequently changed on 17 March 2005 and 13 April 2006, included two conditions which
referenced a future bridge connection. Those conditions are reproduced as follows (our emphasis in bold):
Open Space Area (OS7) – Environmental Drainage
34. The OS7 area shall be generally in accordance with MP2 and the approved plans, such that
there is no net loss in the area of continuous open space in the OS7 area to facilitate the
provision of infrastructure, but excluding the proposed future bridge.
35. The existing drainage way shall be included within OS7 with at least 10m of native forest on
either side of the watercourse. With the exception of:
35.1 the bikeways/pathways on MP2;
35.2 a revegetated (with native species) swale at the northern end of OS7;
35.3 outfalls for discharging treated stormwater into OS7 and associated erosion control
works;
35.4 future bridge (subject of a future application) between the retail centre and main
employment node E1
No development or construction works shall be permitted in OS7.
The approved plans for the existing Noosa Civic development, including the overall site plan (dwg no.
Q0201.01.1b/U) and retail site plan (dwg no. Q0201.02.1b/S), also illustrate a future bridge connection over
OS7 to Precinct E1.
The approved plans of development and the conditions of approval clearly contemplate a bridge crossing over
OS7, and the proposed pedestrian link over Covenant J is consistent with the intent for a key linkage to be
provided through this part of the site.
Map SBC contemplates a bicycle path traversing the covenant area, both in a north-south direction and in an
east-west direction. The proposed pedestrian link, which connects the existing Noosa Civic in Precinct B1 and
the proposed expansion, generally, in Precinct E1 broadly follows the alignment of the east-west bicycle path
through the covenant area. Access in this case is limited to pedestrians and the connection is elevated above
the vegetation, rather than at ground level.
A bicycle path traversing the covenant area in a north-south direction is not proposed to be provided as the
applicant is unable to ensure this area remains safe for users of the path. The covenant area is heavily
vegetated and the pathway would not be visible. Opportunities for surveillance in this area are heavily
compromised by the density of existing vegetation and the topography of the covenant area.
7.7 Native Vegetation
The Noosaville Locality Code, at Probable Solution S23.1, discusses the protection of native vegetation and
open space corridors, as follows:
S23.1 Open space corridors and existing native vegetation in areas indicated in Schedule 5 – Map
4 are protected from fragmentation and encroachment by development.
Schedule 5 – Map 35 of The Noosa Plan identifies areas of existing native vegetation and open space corridors.
The area of the site to which the proposed development relates is identified as an area of existing native
vegetation.
5
The reference to Schedule 5 – Map 4 in S23.1 is understood to be a typographical error
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The proposed development involves the clearing of 7.5ha of vegetation to facilitate the proposed expansion.
The proposed development does not therefore comply with Probable Solution S23.1 of the Noosaville Locality
Code and an Alternative Solution is proposed in this instance.
Specific Outcome O23 of the Noosaville Locality Code states:
O23 An integrated open space network is established throughout the locality and—
a) allows for both passive and active recreational pursuits;
b) provides safe and convenient connectivity for pedestrians and cyclists to neighbourhood
centres, community services and other key destinations such as public open space, the Noosa
River and Wallace Estate;
c) provides habitat connectivity for wildlife;
d) protects watercourses and drainage lines in the lowlands; and
e) forms a scenic backdrop for the locality’s residential neighbourhoods.
The proposed development achieves compliance with Specific Outcome O23.
The proposed development provides a range of opportunities for active and passive recreation. The new Civic
Plaza at the northern end of the expansion area includes a feature play / art space, planted arbour area, open
grassed community zone, artwork elements, seating areas and open informal vegetated zones for community
use and enjoyment.
Pedestrian connectivity is promoted and enhanced by the development through the provision of key malls
within the expansion and connections to the existing centre, key facilities such as the public transport stop and
the existing internal and external road network. The pedestrian link through Covenant J is a key component of
this expanded network. The proposed development also provides opportunities for the development of future
pedestrian connections through retained open space and to future development within the vicinity of the
expansion, including Precinct E6.
The proposed development, as noted in Appendix F, appropriately manages its impact on the natural
environment through a range of mitigation measures and maintains habitat connectivity through the retention
of Covenant J. Habitat connectivity is further provided through the revision of the Hofmann Drive crossing of
Covenant J with a bridge structure, improving wildlife movement opportunities. Covenant J also protects an
important drainage line in the vicinity of the proposal and the structure, floristics, habitat and ecological
processes within Covenant J (outside the pedestrian link) will remain in natural condition.
The proposed development retains existing vegetation around the perimeter of the development area, up to 8
metres in depth, to screen the proposed development within the site and more broadly from any vantage points
external to the site. Whilst vegetation clearing is necessary to facilitate the proposed development, the
proposal does not affect the ability of vegetation on the site from providing a scenic backdrop for development
beyond the site.
The proposed development therefore achieves compliance with Specific Outcome O23 of the Noosaville
Locality Code.
7.8 Transport and Traffic Impacts
Cardno has undertaken a Traffic Impact Assessment of the proposed development and its impacts on the road
network.
Refer to Appendix D - Traffic Impact Assessment of this report for further details.
7.8.1 Car Parking Supply
Cardno has undertaken an assessment of existing car parking demand, with reference to a car parking survey
of the existing Noosa Civic car park being carried out by TTM, in order to determine the likely demand for car
parking spaces created by the proposed expansion.
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Based on the results of the car parking survey and consideration of annual pedestrian entry to the existing
centre, a car parking rate of 4.5 spaces per 100m2 for retail development is identified as appropriate to cater
for demand, based on a 90th percentile of demand.
Application of this car parking rate to the expansion provides a car parking demand of 1,070 spaces.
A car parking survey has determined that the existing car park operates at a surplus of 187 spaces, meaning
that a total demand of 2,297 spaces (with the expansion) is expected to apply.
The proposed parking supply of 2,414 spaces, including 1,000 spaces to be constructed as part of the
expansion, exceeds the likely parking demand by 117 spaces.
Accordingly, a proposed car parking supply of 1,000 spaces is considered to sufficiently cater for likely demand
created by the proposed development.
7.8.2 Road Network Operation
An assessment of the proposed development’s impact on 16 key intersections within the vicinity of the site has
been undertaken by Cardno.
In order to assess the likely impacts of the proposed development on the local road network, traffic generation
rates over a ten year design horizon commencing at the anticipated opening of the expansion in 2018 have
been modelled.
The analysis indicates that 14 intersections will operate within acceptable limits at the 2028 planning horizon.
Two intersections are identified as requiring upgrading by the 2028 horizon, being the Eumundi-Noosa
Road/Beckmans Road intersection (identified as Intersection 1 in the Traffic Impact Assessment in Appendix
D to this report) and the Eumundi-Noosa Road/Eenie Creek Road/Eumundi Road intersection (Intersection 4).
In relation to Intersection 1, it is noted that Noosa Shire Council is proposing to reconstruct the roundabout at
this intersection in preparation for a proposed Tewantin bypass that will duplicate Beckmans Road. The
roundabout reconstruction is planned in the Noosa Priority Infrastructure Plan to occur between 2021 and
2026 and the Tewantin Bypass is planned to occur between 2021 and 2031. The reconstructed roundabout
has been assessed as having sufficient capacity to accommodate development volumes by 2024 and beyond
the 2028 horizon.
In relation to Intersection 4, being a four way roundabout catering for three high order roads, it has been
determined that whilst the roundabout has adequate capacity for the background scenario at the 2018 design
horizon, it does not have capacity to operate acceptably for the background scenario at the 2028 design
horizon. That is, Intersection 4 will fail, irrespective of post-development traffic volumes, at 2022. With
development traffic included, the roundabout will have insufficient capacity to operate acceptably at the 2018
opening time only during the Saturday morning period.
An upgrade of Intersection 4 is required to ensure the intersection has sufficient capacity to operate effectively
for the likely traffic volumes at the 2028 design horizon. A signalised intersection is required to cater for the
traffic volumes using the intersection, even without traffic generated by the proposed development. A
recommended signalised intersection layout has been proposed. SIDRA analysis finds that the upgraded
intersection provides sufficient capacity to accommodate 2028 background traffic and 2028 development
traffic.
7.9 Gross Floor Area, Plot Ratio, Site Cover and Building Height
The Noosaville Locality Code specifies site cover and plot ratio for development on the site in Specific
Outcomes O11 and O16 respectively. Building height is specified in Specific Outcome O8, as well as Specific
Outcome O10 of the Building Works Code.
Site cover is not to exceed 50% in Precincts E1 and E7.
The maximum plot ratio is 0.6:1 for Precincts E1 and E7 and 0.5:1 for Precinct B1.
Site cover and maximum plot ratio is not specified for Precinct OS7.
Building height is specified as 12 metres in Precincts E1 and E2, 8 metres in the Shire Business Centre Zone
and in all other zones. It is noted that the Specific Outcome specifies height in storeys, defined in The Noosa
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Plan as a space within a building between one floor level and the floor level next above or the ceiling or roof
where no floor level above, with any space exceeding 5 metres in a vertical dimension comprising more than
one storey. The Specific Outcome specifies building height as 3 storeys in Precincts E1 and E2, 2 storeys in
the Shire Business Centre Zone and 2 storeys in all other zones.
The proposed development is predominantly located within Precinct E1, but is also located in Precincts E7,
OS7 and B1.
The site cover, plot ratio and height of the proposed development in each of these precincts is as follows:
Site Cover
Precinct E1 (26,518m2 GFA / 4.0 hectares) = 67%6
Precinct E7 (840m2 GFA / 3.7 hectares) = 3%
Precinct OS7 (2,375m2 GFA / 1.3 hectares) = 19%
Precinct B1 (873m2 GFA / 3.7 hectares) = 3%7
Plot Ratio
Precinct E1 (26,248m2 GFA / 4.0 hectares) = 0.66:1
Precinct E7 (840m2 GFA / 3.7 hectares) = 0.03:1
Precinct OS7 (2,375m2 GFA / 1.3 hectares) = 0.19:1
Precinct B1 (873m2 GFA / 3.7 hectares) = 0.03:1
Maximum Building Height
Precinct E1 = 10.5 metres above natural ground level
Precinct E7 = 9.0 metres above natural ground level
Precinct OS7 = 12.5 metres above natural ground level
Precinct B1 = 9.5 metres above natural ground level
With a site cover of 67% and a plot ratio of 0.66:1, the proposal does not comply with Specific Outcomes O11
and O16. The maximum building height of the proposed development within Precinct E1 is 10.5m, and
therefore complies with the requirements of S8.1. Part of the proposed development is also located in Precincts
E7, OS7 and B1, with a maximum building height in those precincts respectively of 9.0m, 12.5m and 9.5m,
which exceeds the requirements of Probable Solution S8.1. In the case of Precincts E7 and B1 the proposed
development complies with the requirements of O8, as the proposal in those precincts does not exceed 10
metres, being 2 storeys as defined by The Noosa Plan. In relation to Precinct OS7, where parts of the precinct
are within the Open Space Conservation Zone (the two do not precisely align), the proposed development
exceeds 2 storeys or 10 metres in height and therefore does not comply with Specific Outcome O8 of the
Noosaville Locality Code and Specific Outcome O10 of the Building Works Code.
The bulk and scale of the proposal, being a function of plot ratio and site cover amongst other things, and its
suitability, therefore warrants further discussion.
The proposed development incorporates a relatively low level built form with a maximum building height of
12.5 metres above natural ground level. The proposed built form is not out of scale with existing development
on the site. The existing Noosa Civic is of a similar bulk and scale, and the proposal involves a logical
expansion of the existing centre. The expansion, by its nature, involves a number of uses which require larger
floorplates, including a discount department store and two supermarkets. Consequently the built form is
representative of a larger format development. Notwithstanding, the expansion is designed in a manner which
avoids any adverse impacts associated with the overall built form proposed. It is situated on a large
development area and is setback against the boundary to Covenant J in order to maximise the distance
6
Site cover associated with the northern car park shade structures (270m 2) has been attributed to Precinct E1 despite a small fraction
being technically located within the internal road network of the Shire Business Centre Map.
7
Site cover for Precinct B1 is based on the extended area, and does not include the existing development within Precinct B1.
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between the proposed development and the internal road network, future development sites and the external
road network. Accordingly it will not visually dominate the street or development on adjoining sites.
The proposed expansion retains native vegetation throughout the site, with extensive landscaping also
proposed. The retained vegetation and landscaping are proposed to screen the expansion when viewed from
public and semi-public areas, particularly the internal access road to the east of the expansion. The extent of
vegetation provided means that the expansion appears as a subordinate part of the landscape and that its
size cannot be fully conceived from a single view point. The proposal therefore does not present as a large or
bulky development, but rather as a number of smaller components integrated within the natural environment.
The appearance of the development as a number of smaller components is also enhanced by its design,
particularly along the northern and eastern facades, where significant articulation is incorporated to pedestrian
spaces to allow a human scale environment to be provided. The design is also consistent with the character
of the site, surrounding area and general locality, with key principles of “Noosa style” embraced. This ensures
that the development, even with a more significant gross floor area and site cover, maintains a cohesive
streetscape in the SBC and Noosaville Locality.
The provision of additional gross floor area on the site also has negligible external impacts. The proposed
expansion is primarily internal to the site and is not proximate to existing or future development on adjoining
sites. The provided screening also means that the expansion is not highly visible. The proposed gross floor
area is also proportionate and commensurate to the size of the site, with the proposal sufficiently serviced with
an appropriate car parking supply, loading and servicing arrangements and abundant on site landscaping.
The proposed expansion does not prejudice the future development of surrounding precincts, with sufficient
land available to accommodate future non-retail uses consistent with vision for the SBC. As discussed in
Section 7.1 above, the Commercial Office Scenario and Supporting Strategies prepared by The Buchan
Group (Appendix L to this report) demonstrates sufficient separation between the expansion and future
development sites. This is particularly of note to the existing centre, where Covenant J provides an area of
native vegetation which separates the existing centre and the expansion. Covenant J serves to break up the
form of the expanded centre, which is perceived as two separate and distinct built components.
The proposed built form, including its gross floor area, site cover and height, is therefore considered to be
highly suitable for, and responsive to the site’s characteristics and context.
7.10 Building Setbacks
The Noosaville Locality Code, at Probable Solution S9.1, provides building setbacks are to comply with those
identified in Schedule 1, as follows:
S9.1 Buildings and structures comply with the setbacks identified in Schedule 1 - Minimum
Boundary Setbacks.
Compliance with the setbacks in Schedule 1 is also referenced in Probable Solution S1.1 of the Building Works
Code, which states:
S1.1 The minimum setback of buildings and structures from boundaries is not less than the
minimum specified in Schedule 1. Alternative provision to QDC Parts MP1.1 and MP1.2, A1,
A2 and A7.
Schedule 1 of The Noosa Plan provides the following minimum setbacks which are applicable to development
in the Shire Business Centre Zone:
Premises adjoining the Open Space Conservation Zone – five (5) metres from the common boundary
Premises adjoining the internal loop road- six (6) metres from that road.
As shown in Appendix B – Architectural Drawings and Architectural Design Report, all buildings
proposed are setback more than six metres from the internal road.
The proposed expansion, however, includes buildings which are located within the Open Space Conservation
Zone.
The proposed development therefore does not comply with Probable Solution S9.1 of the Noosaville Locality
Code or Probable Solution S1.1 of the Building Works Code.
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Alternative Solutions are therefore proposed in both instances.
Probable Solution S9.1 is provided by the Noosaville Locality Code as one way of demonstrating compliance
with Specific Outcome O9 of the code, which states:
O9 Buildings and other structures are appropriately designed and sited to—
a) provide amenity for users of the premises as well as preserve the visual and acoustic
amenity of adjoining and nearby properties;
b) provide adequate distance from adjoining land uses;
c) allow space for required vehicle parking;
d) preserve any existing vegetation that will buffer the proposed building;
e) allow for landscaping to be provided between buildings;
f) maintain the visual continuity and pattern of buildings and landscape elements within the
street;
g) avoid large areas of continuous wall planes by varying the building setbacks and using
appropriate techniques to provide visual relief; and
h) help protect the natural character and visual amenity of the Noosa River system and other
watercourses.
Similarly, Specific Outcome O1 of the Building Works Code provides:
O1 Buildings and other structures are appropriately designed and sited to—
a) provide amenity for users of the premises as well as preserve the visual and acoustic
privacy of adjoining and nearby land uses;
b) preserve any existing vegetation that will buffer the proposed building from adjoining uses;
c) allow for landscaping to be provided between buildings;
d) maintain the visual continuity and pattern of buildings and landscape elements within the
street;
e) for class 10a structures, do not visually dominate the street;
f) avoid any significant adverse impacts on the natural values of watercourses and their
foreshores, including those of the Noosa River and its lakes; and
g) do not interrupt the natural cycles of erosion and accretion of watercourses and foreshore
areas.
Alternative provision to QDC Parts MP1.1 and MP1.2, P1, P2 and P7.
The proposal achieves compliance with Specific Outcome O9 of the Noosaville Locality Code and Specific
Outcome O1 of the Building Works Code.
The proposed development promotes a level of amenity which is appropriate and consistent with the nature
and type of development proposed, being a range of non-residential ‘centre’ activities. Residential or other
sensitive uses are not proposed as part of the development, nor are they located within close proximity to the
site or the proposal. Siting the proposed development backing onto Covenant J maximises the area between
the proposed development and the internal loop road, ensuring there is sufficient separation and screening
between the proposed development and the internal circulation road and future development area further to
the east.
The proposed development is also sufficiently separated from adjoining buildings, particularly the existing
centre, which is separated from the expansion by Covenant J. Covenant J is largely retained in its natural
state, providing a good source of separation and screening between the two built elements.
It is also relevant that pedestrian or vehicular access to Covenant J is not promoted or facilitated. Accordingly
the impacts of reduced setbacks along the western extent of the proposed development will not adversely
affect the amenity of users of Covenant J.
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The proposed setback arrangements do not alter the proposal’s ability to provide sufficient car parking and
landscaping. Sufficient car parking is provided at grade and in the undercroft level (refer to Appendix D –
Traffic Impact Assessment for further detail) while extensive on-site landscaping, through the retention of
existing vegetation and new plantings, is provided throughout the development area. Additional landscaping
within the setback area that would be otherwise required is unnecessary with the retention of vegetation within
Covenant J.
The proposed setbacks do not alter the proposal’s ability to provide a varied design, with a high quality urban
form proposed which incorporates projections, recesses and lightweight elements to reduce apparent building
bulk. Landscaping is also used extensively to further soften the built form and provide an additional source of
variation.
As noted in Appendix E and Appendix F, the proposed development does not prevent the continuation of
natural processes and retention of waterway values, through the appropriate management of stormwater runoff
and the incorporation of a range of environmental mitigation measures.
The proposed setback arrangements also do not alter the expansion’s ability to effectively mitigate the risk of
bushfire to the development. A Bushfire Assessment Report prepared for the proposal (refer to Appendix H)
identifies that the provided setback of between three and eight metres to the eastern edge of Covenant J will
not create an unacceptable level of risk to human health or property due to the small size and isolated nature
of the retained Covenant J area, which limits its bushfire originating potential. The assessment notes that the
western edge of the proposal comprises a basement carpark (partly open-sided) and blank fire-proof wall and
that in the event of a bushfire, access would be available from all directions to allow for fire suppression to
occur. The report also notes that ongoing maintenance of retained on-site vegetation and the design of
buildings in compliance with the AS3959-2009 Construction of buildings in bushfire prone areas will also assist
in reducing bushfire risk.
The proposed development therefore achieves compliance with Specific Outcome O9 of the Noosaville
Locality Code and Specific Outcome O1 of the Building Works Code.
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8 Sufficient Grounds
8.1 Compliance with the Applicable Codes
Section 326 of the SPA states that an assessment manager’s decision must not conflict with a relevant
instrument unless:-
(a) the conflict is necessary to ensure the decision complies with a State planning regulatory provision; or
(b) there are sufficient grounds to justify the decision, despite the conflict; or
(c) the conflict arises because of a conflict between—
(i) 2 or more relevant instruments of the same type, and the decision best achieves the purposes of
the instruments; or
(ii) 2 or more aspects of any 1 relevant instrument, and the decision best achieves the purposes of
the instrument.
This chapter identifies sufficient grounds to justify the approval of the development application, despite any
conflict with the statutory planning framework identified in the previous chapter of this Report.
8.2 Retail Need
A Retail Need Assessment has been prepared by Urbis, and included as Appendix J – Retail Need
Assessment to this report.
The key findings of the assessment are as follows:
trade area population is expected to increase to 89,900 people in 2021 and 95,550 people by 2031;
retail spending, expressed in 2014 dollar terms, by trade area residents is forecast to increase from
$1.075 billion to $1.346 billion in 2021 and $1.698 billion in 2031;
forecast growth between 2014 and 2021 amounts to $271 million, which supports performance
improvement in existing centres as well as expansion opportunities;
the existing Noosa Civic centre accounts for 10.5% of the Main Trade Area market share in retail
spending by local residents;
escape spending, as a consequence of the attraction of external centres, online and overseas
shopping, and the lack of existing facilities within the trade area equates to 37% of total retail
spending, including 57% in apparel specialty categories;
very high escape spending suggests a strong need for a critical mass of specialty stores;
supermarkets operating within the trade area are understood to be currently trading very well, which
suggests the market can support more supermarket floor space with manageable cannibalisation
impacts on individual stores;
the provision of a better range of facilities and services would retain a proportion of escape spending
by diverting sales from external centres with no impact on local centres;
local centres are expected to be reasonably resilient as a consequence of reasonably strong trading
levels, growth in tourism, as well as local market growth;
strong retail market growth ($271 million between 2014 and 2021, excluding inflation) suggests
between 26,600m2 and 39,400m2 of additional retail floor space would be warranted by 2021 based
on market growth alone (i.e. not including additional floor space required to resolve current
deficiencies);
there is a current gap in the market in Noosa which the proposed development will, in part, satisfy;
all centres within the trade area will be affected by the proposed development, but no centres will
experience a decline to trading volume below 2014 levels (i.e. all centres should achieve growth at
least equivalent to the rate of inflation, if not more);
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