MCU14/0106 & OPW15/0001 Town Planning Report & Appendix A Code Compliance

                                                                                                          Town Planning Report
                           28 Eenie Creek Road, Noosaville and parts of the road reserves of Hofmann Drive and Walter Hay Drive



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


December 2014                                          Cardno HRP                                                           54