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2017-08-08 Planning & Environment Committee Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 8 August 2017
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell, Tony Wellington
“Noosa Shire – different by nature”
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Full text of the other 83 sections
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 MCU16/0137 REPRESENTATIONS TO CONDITIONS DEVELOPMENT APPROVAL
FOR MATERIAL CHANGE OF USE ENTERTAINMENT & DINING BUSINESS
TYPE 2 RECREATION, AMUSEMENT & FITNESS (FITNESS CENTRE) AT
5/8 SELKIRK DRIVE NOOSAVILLE 3
2 MCU17/0028, OPW17/0120 & REC17/0012 DEVELOPMENT APPLICATION FOR A
MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING TYPE 1, RECONFIGURE
A LOT (1 LOT INTO 2 LOTS) AND OPERATIONAL WORKS (ENGINEERING WORKS)
23 TEWANTIN ROAD COOROY 8
3 MCU17/0035 APPLICATION FOR A DEVELOPMENT PERMIT FOR A MATERIAL
CHANGE OF USE OF PREMISES OPEN SPACE TYPE 2 CAMPGROUND FOR 240
WILDERNESS TRACK AND ROAD 205 NOOSA NORTH SHORE 22
4 MCU17/0014 APPLICATION FOR DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE OF PREMISES MULTIPLE HOUSING TYPE 4 CONVENTIONAL
10 UNITS AND COMMERCIAL BUSINESS TYPE 1 OFFICE AND TYPE 2 MEDICAL
FOR 30-32 DOONELLA STREET TEWANTIN 37
5 152006.1999.2 EXTENSION TO CURRENCY PERIOD FOR DEVELOPMENT
PERMIT TO RECONFIGURE A LOT (52 LOTS & PARK) AT 191 HOLLETT ROAD,
NOOSAVILLE 67
REPORTS FOR NOTING BY THE COMMITTEE 81
6 KOALA CONSERVATION PLAN 2016 REVIEW 81
CLOSED SESSION -
Page 2 of 84
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU16/0137 REPRESENTATIONS TO CONDITIONS DEVELOPMENT APPROVAL FOR
MATERIAL CHANGE OF USE ENTERTAINMENT & DINING BUSINESS TYPE 2
RECREATION, AMUSEMENT & FITNESS (FITNESS CENTRE) AT 5/8 SELKIRK DRIVE
NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Lisa Pienaar
Environment & Sustainable Development Department
Index ECM/Application/MCU16/0137
Attachments Nil
APPLICATION DETAILS
Applicant Gelherult No 2 Pty Ltd
Proposal Development Permit for Material Change of Use of Premises -
Entertainment & Dining Business Type 2 - Recreation, Amusement &
Fitness (Fitness Centre)
Properly Made Date 7 November 2016
Information Request Date 19 December 2016
Information Response Date 02 March 2017
Decision Date 15 June 2017
Representations dated 20 June 2017
Number of Submissions 1
RECOMMENDATION
That Council note the report by the Development Planner to the Planning and Environment
Committee Meeting dated 8 August 2017 regarding representations to conditions of approval for
Development Permit for Material Change of Use of Premises - Entertainment & Dining Business
Type 2 - Recreation, Amusement & Fitness (Fitness Centre) located at 5/8 Selkirk Drive Noosaville,
and Approve the request to change Condition 7 as follows:
7. The use must be in accordance with the David Moore & Associates Pty Ltd report ‘Desk Top
Environmental Noise Level Impact Assessment of Proposed Fitness Centre, 5/8 Selkirk Drive
Noosaville’, conducted for Gelherdt No.2 Pty Ltd, Report No.
R17015/D3218/Rev.0/1.03.2017, unless varied by the following:
a. Ensure all windows and doors facing Walter Hay Drive are locked shut;
b. The fitness room is to be sound proofed;
c. Noise emanating from the premises, including amplified or non-amplified sound, must
not exceed:
i. daytime (0700 to 1800 hours): 94 dB(A) LAeq,adj,T when measured
approximately 3 metres from the primary noise source;
Page 3 of 84
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
ii. evening (1800 to 2200 hours): 89 dB(A) LAeq,adj,T when measured
approximately 3 metres from the primary noise source;
iii. night-time (2200 to 0700 hours): 84 dB(A) LAeq,adj,T when measured
approximately 3 metres from the primary noise source;
d. All amplified sound at the premises must be conducted through a sound limiting device
at all times to ensure that noise does not exceed levels prescribed in condition c);
e. The sound limiting device is to have a locking mechanism or be located within a locked
enclosure, which is to be locked at all times except for inspection or maintenance work
on the device;
f. Access to the sound limiting device, except for maintenance work, is restricted to the
gym manager, nominee and the person in charge of the premises at any time; and
g. The sound limiting device must be checked and if necessary adjusted by a qualified
acoustic consultant at least every 12 months to ensure compliance with condition c).
Acoustic certification is to be kept on site.
REPORT
1. PROPOSAL
The applicant seeks representations on a development approval for a Material Change of Use of
Premises - Entertainment & Dining Business Type 2 - Recreation, Amusement & Fitness (Fitness
Centre) located at 5/8 Selkirk Drive Noosaville.
The application is before Council as the Development Permit was originally approved by Council.
1.1. Background
On 15 June 2017 Council approved a Material Change of Use of Premises for a Fitness Centre
within an existing tenancy within the Noosa Home building on Walter Hay Drive.
2. ASSESSMENT
Under the provisions of the Sustainable Planning Act the applicant suspended its appeal period
and submitted representations to conditions of the approval. The superseded Sustainable Planning
Act requires Council to consider the representations and give a new decision notice (a negotiated
decision notice) to all relevant parties, where the representations are agreed with. The
representations seek to amend a condition relating to acoustics. The applicant has provided
information to support their case.
Representations to Conditions
Condition 7
7 The use must be in accordance with The ‘Desk Top Environmental Noise Impact Assessment
of Proposed Fitness Centre, 5/8 Selkirk Drive Noosaville’, Report No. R17015, prepared by
David Moore and Associates Pty Ltd dated 1 March 2017; unless varied by the following:
a. Ensure all windows and doors facing Walter Hay Drive cannot be opened;
b. Operating hours of the fitness room are to be limited to hours between 7am and 10pm;
c. Noise emanating from the premises including amplified or non-amplified noise and
patron noise must not exceed 84db (A) when measured;
d. All amplified noise at the premises must be conducted through a sound limiting device
at all times to ensure that noise does not exceed levels prescribed in condition c);
e. The sound limiting device is to have a locking mechanism, which is to be locked at all
times except for inspection or maintenance work on the device;
Page 4 of 84
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
f. Access to the sound limiting device, except for maintenance work, is restricted to the
gym manager, nominee and the person in charge of the premises at any time; and
g. The sound limiting device must be checked and if necessary calibrated by a qualified
acoustic engineer at least every 12 months to ensure compliance with condition c).
Applicant’s request
Condition 7 details restrictions on the operation of the proposed 24 hour gym with regard to hours
and noise. The condition is considered unreasonable and not relevant as it imposes conditions that
are not required and have no technical basis.
In response to the imposition of the above condition, further technical advice has been received
from Noise Consultant David Moore who suggests an alternative condition that effectively allows
the gym to operate and will control noise generated by the use.
Condition 7b) restricts the use of the internal fitness room to hours between 7am and 10pm. These
hours do not reflect the noise report nor permit the 24 hour gym to operate effectively as the
applicant proposes to run early morning classes for working women from 5.45am. These early
morning classes are integral to the operations of the gym.
The condition does not take this aspect into consideration nor does it consider that the group fitness
room:
Is internal to the building and is over 55 metres to the external wall of the nearest residential
dwelling. Refer figure 1 below;
Is separated from the nearest residential dwelling by internal rooms and the external wall of
the building;
Is separated from the nearest residential dwelling by a divided road, landscaping and
acoustic fence. Refer figure 2 below;
Will be sound proofed;
Needs to operate at a level that does not disturb other activities within the actual gym such
as offices; and
Is located in an existing industrial complex.
Mr David Moore (applicant’s acoustic consultant) confirms that condition 7b) is not relevant and
that the use can operate before 6am subject to defined noise limits and installation of sound limiting
device. Mr Moore indicates a revised condition 7 that reflects the conclusion of his report and will
ensure noise levels comply with relevant standards.
Proposed amended Condition 7 as requested by the applicant
Page 5 of 84
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
The use must be in accordance with the David Moore & Associates Pty Ltd report ‘Desk Top
Environmental Noise Level Impact Assessment of Proposed Fitness Centre, 5/8 Selkirk Drive
Noosaville’, conducted for Gelherdt No 2 Pty Ltd, Report No. R17015/D3218/Rev.0/1.03.2017,
unless varied by the following:
a) Whenever there is any amplified sound in the gymnasium ensure that all openable windows
and doors facing Walter Hay Drive are closed. During those times when there is no
management present at the gymnasium ensure that all openable windows and doors facing
Walter Hay Drive are locked closed;
b) delete
c) Noise emanating from the premises, including amplified or non-amplified sound, must not
exceed:
daytime (0700 to 1800 hours): 94 dB(A) LAeq,adj,T when measured approximately 3
metres from the primary noise source;
evening (1800 to 2200 hours): 89 dB(A) LAeq,adj,T when measured approximately 3
metres from the primary noise source;
night-time (2200 to 0700 hours): 84 dB(A) LAeq,adj,T when measured approximately
3 metres from the primary noise source;
d) All amplified sound at the premises must be conducted through a sound limiting device at all
times to ensure that noise does not exceed levels prescribed in condition c);
e) The sound limiting device is to have a locking mechanism or be located within a locked
enclosure, which is to be locked at all times except for inspection or maintenance work on
the device;
f) Access to the sound limiting device, except for maintenance work, is restricted to the gym
manager, nominee and the person in charge of the premises at any time; and
g) The sound limiting device must be checked and if necessary adjusted by a qualified acoustic
consultant at least every 12 months to ensure compliance with condition c).
Assessment
The proposal approved on 15 June 2017 attracted 1 submission from the residents of the Noosa
Domain Village located opposite the proposed fitness centre who had concerns with possible noise
impacts, and requested there be no open windows (no ability for noise to ‘escape’), which is
consistent with the acoustic report submitted with the application.
These concerns have been considered in the applicant’s request to change the condition relating
to acoustics associated with the use. Given the sensitive receiving environment across the road
from the proposed activity, the tendency for this type of activity to use amplified music and its 24
hour use, it is recommended the windows facing Walter Hay drive be shut at all times. To remove
the human element out of decisions around opening or shutting windows, it is recommended they
are locked shut. For this reason it is not agreed to change a) of Condition 7.
The acoustic report didn’t address sound levels from the fitness room, albeit it is recognised that
the room is internal, having greater acoustic ‘isolation’ from the closest residences. The applicant’s
consultant advised that this room would be sound proofed and will be conditioned as such. This
should overcome the need for any restriction on hours as previously proposed. Therefore it is
agreed to amend b) of Condition 7 to ensure the fitness room is soundproofed.
The recommended decibel levels at various time periods were identified in the acoustic report
which has calculated that those levels measured at 3 metres from the noise source will provide
acceptable decibel levels if measured at the receiver.
Page 6 of 84
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
Proposed amended Condition 7 (as recommended)
The use must be in accordance with the David Moore & Associates Pty Ltd report ‘Desk Top
Environmental Noise Level Impact Assessment of Proposed Fitness Centre, 5/8 Selkirk Drive
Noosaville, conducted for Gelherdt No 2 Pty Ltd, Report No. R17015/D3218/Rev.0/1.03.2017,
unless varied by the following:
a. Ensure all windows and doors facing Walter Hay Drive are locked shut;
a. The fitness room is to be sound proofed;
b. Noise emanating from the premises, including amplified or non-amplified sound, must not
exceed:
i. daytime (0700 to 1800 hours): 94 dB(A) LAeq,adj,T when measured approximately 3
metres from the primary noise source;
iv. evening (1800 to 2200 hours): 89 dB(A) LAeq,adj,T when measured approximately 3
metres from the primary noise source;
v. night-time (2200 to 0700 hours): 84 dB(A) LAeq,adj,T when measured approximately
3 metres from the primary noise source;
c. All amplified sound at the premises must be conducted through a sound limiting device at all
times to ensure that noise does not exceed levels prescribed in condition c);
d. The sound limiting device is to have a locking mechanism or be located within a locked
enclosure, which is to be locked at all times except for inspection or maintenance work on
the device;
e. Access to the sound limiting device, except for maintenance work, is restricted to the gym
manager, nominee and the person in charge of the premises at any time; and
f. The sound limiting device must be checked and if necessary adjusted by a qualified acoustic
consultant at least every 12 months to ensure compliance with condition c). Acoustic
certification is to be kept on site.
3. CONCLUSION
The proposed changes as suggested by the applicant and the further information from the
applicant’s Noise Consultant have been assessed and it is considered the condition as
recommended will ensure sound levels are appropriately mitigated for nearby residents.
Departments/Sections Consulted:
Chief Executive Officer x Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 7 of 84
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
2 MCU17/0028, OPW17/0120 & REC17/0012 DEVELOPMENT APPLICATION FOR A
MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING TYPE 1, RECONFIGURE A
LOT (1 LOT INTO 2 LOTS) AND OPERATIONAL WORKS (ENGINEERING WORKS) 23
TEWANTIN ROAD COOROY
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment & Sustainable Development Department
Index ECM/Application/MCU17/0028/REC17/0012/OPW17/0120
Attachments Nil
APPLICATION DETAILS
Applicant Tea 4 Two Pty Ltd TTE
Proposal Development Permit for Material Change of Use of Premises -
Multiple housing Type 1 – Duplex, Operational Works (Engineering
Works) and Reconfiguration of a Lot – 1 Lot into 2 Lots
Properly Made Date 06 April 2017
Information Request Date 9 May 2017
Information Response Date 22 June 2017
Decision Due Date 17 August 2017
Number of Submissions No Submissions
PROPERTY DETAILS
Property Address 23 Tewantin Rd COOROY QLD 4563
RP Description Lot 102 C 5604
Land Area 1,012 Square Metres
Existing Use of Land Detached House
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroy & Lake Macdonald
Zone Semi- attached housing
Overlays Nil
Assessment Type Code
Page 8 of 84
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
RECOMMENDATION
That Council note the report by the Coordinator Planning, Patrick Murphy to the Planning &
Environment Committee Meeting dated 8 August 2017 regarding Application No. MCU17/0028,
OPW17/0120 and REC17/0012 for a Development Permit for Material Change of use of Premises
Multiple Housing Type 1 – Duplex, Operational Works (Engineering Works) and Reconfigure a Lot
1 Lot into 2 Lots situated at 23 Tewantin Road, Cooroy described Lot 102 C5604 and approve the
application in accordance with the following conditions:
MATERIAL CHANGE OF USE
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
T42S1 Site Plan 15.03.2017
T42E1 Elevations - Existing house 15.03.2017
1 of 6 Site Plan drawn by Ausmar 13.03.2017
2 of 6 Ground Floor drawn by Ausmar 13.03.2017
3 of 6 Elevations drawn by Ausmar 13.03.2017
4 of 6 Elevations drawn by Ausmar 13.03.2017
Dedication
2. Prior to the commencement of the use a two (2.0) metre wide strip extending across the full
length of the frontage to Olivine Lane is to be dedicated to Council as ‘Road’.
Roof pitch and eaves
3. The roof of the new dwelling must have a roof pitch of no less than 12 degrees and have
minimum 600mm eaves to at least 75% of the perimeter of the building.
Landscaping
4. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area.
5. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
6. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
External Works
7. All works required in the Tewantin Road road reserve must be completed prior to the
commencement of the use.
Site Access and Driveways
8. A sealed access driveway must be provided from Tewantin Road and Olivine Lane to all
parking and manoeuvring areas of the development. The works must include in particular
driveway crossovers generally in accordance with Council’s standard drawings RS-049 and
RS-050
Tewantin Road.
9. Approval from the Department of Transport and Main Roads for the final design of the site
access and driveway works in Tewantin Road must be submitted in writing to Council prior
to the commencement of the works. All works must be completed and accepted by the
Department of Transport and Main Roads prior to the commencement of the use.
Page 9 of 84
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
Olivine Lane
10. The existing access driveway from Olivine Lane may be retained provided that certification
from a Registered Professional Engineer of Queensland (RPEQ) is submitted to Council.
The certification must state that the driveway is in good order and is suitable for the intended
use. If the certification cannot be provided the existing driveway must be removed and
replaced with a compliant driveway.
Performance Bond
11. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be
submitted to Council, to secure performance of all conditions of this approval, prior to the
pre-start meeting. The cash bond or trading bank guarantee will be returned on performance
of the conditions of approval less any costs incurred by Council in respect of enforcing
performance of this permit. Council reserves the right to call upon the bond or guaranteed
sum to effect compliance with conditions.
Building Appearance
12. All air conditioning units or other mechanical equipment must be located at ground level, or
otherwise fully enclosed or screened such that they are not visible from the street frontages
nor adjoining properties.
Fencing and Walls
13. Any street fencing must be set back an average of 1 metre from the front property boundary.
Any fencing on the front boundary must either:
a. not exceed a maximum height of 1.2m
b. be of open construction.
14. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Car Parking
15. Car parking spaces must be provided and marked on the site in accordance with the
approved plans. The car parking must include in particular cross falls and gradients in
accordance with Australian Standard AS/NZS2890.1:2004.
Stormwater Drainage
16. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge.
17. The development must be constructed so as not to concentrate or redirect stormwater runoff
onto neighbouring properties.
Electricity and Telecommunication Services
18. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with the standards and requirements of the relevant service provider.
19. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
20. Certification must be submitted to Council from all relevant service providers which certifies
that the development has met the requirements of this Decision Notice and all applicable
legislation at the time of construction.
Easements
21. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
Page 10 of 84
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
22. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
23. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
24. All fill and associated batters must be contained entirely within the subject site unless written
permission from the respective landowner(s) is provided to Council. All earthworks must be
undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on
Earthworks for Commercial and Residential Developments.
25. Where the development involves excavation or filling over, or adjacent to, drainage, water
supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
provide a freeboard of 100mm above the finished ground surface level.
26. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
Damage to Services and Assets
27. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
Community Management Statement
28. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
RECONFIGURING A LOT
Plan No. Rev. Plan/Document Name Date
16-4325AA Plan showing details of Lot 102 on C5604 20.12.2016
drawn by Max Waterson and Associates
16-4325AB Plan of proposed Reconfiguration of Lot 102 on 30.03.2017
C5604 (Community Title Scheme) drawn by
Max Waterson and Associates
29. Unless otherwise stated, all works required by the conditions of this Decision Notice must be
completed prior to submission of the subdivision plan to Council for plan sealing.
Page 11 of 84
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
OPERATIONAL WORKS
APPROVED PLANS
30. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
1622-01 C Site Plan prepared by Callaghan and Toth for that part June 2017
within the subject site
1622-02 C Driveway Layout & Sediment Control Plan prepared by June 2017
Callaghan and Toth for that part within the subject
site
1622-03 C Driveway Detail Plan prepared by Callaghan and Toth June 2017
for that part within the subject site
1622-06 C Structural Detail Plan prepared by Callaghan and Toth June 2017
for that part within the subject site
1622-07 C Driveway Longitudinal Section prepared by Callaghan June 2017
and Toth for that part within the subject site
T42L1 Landscape Plan 15.03.2017
PRIOR TO COMMENCEMENT OF WORKS
Engineering
31. All necessary approvals from external service providers (e.g. Unitywater) and external parties
on which the development works are proposed have been obtained and a copy supplied to
Council.
32. Copies of the approved plans, duly signed by the consultant Registered Professional
Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer
Construction at the “pre start” meeting.
33. A condition report including photographs of the frontage of the site (Olivine Lane and
Tewantin Road) must be completed and submitted to Council at the prestart meeting / prior
to any works commencing.
34. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council at the prestart meeting.
35. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6245. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. Civil engineering works;
b. Other relevant parties
36. A Construction Management Plan must be submitted to Council prior to the pre-start meeting
and must specifically address the following:
a. Traffic Management during all aspects of the construct phase including:
i. A Traffic Management Control Plan in accordance with Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic control
measures prior to construction;
ii. Maintenance of safe pedestrian access across the frontage of the site both during
daily construction and after daily construction has ceased;
iii. Proposed fencing to the site during the construction phase of the development;
iv. Adequate parking arrangements for construction workers.
Page 12 of 84
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
b. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures.
c. Works programme identifying key components of the works and their respective
durations.
d. Establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic and services and other relevant issues.
e. identification of complaint management procedures including:
i. contact details for the on-site manager;
ii. dispute resolution procedures.
37. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction must be notified to Council in writing within five business days of the
change occurring.
38. Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
Landscaping Works
39. The development must be landscaped in accordance with these conditions and the approved
landscape plans prior to the commencement of use.
40. A minimum pot sized 100L street tree must be installed in the Tewantin road frontage and:
a. Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC).
b. Be located in accordance with engineering requirements for safe vehicle and
pedestrian sight lines.
c. Be of an approved Council species suitable for the location and of local origin.
d. Planted in accordance with Planning Scheme Policy 3 Landscaping Plants and
Guidelines.
41. Landscape works must be supervised, undertaken and certified by a horticulturist. All works
must be completed in accordance with this Decision Notice.
DURING CONSTRUCTION
Engineering
42. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to assets must
be repaired immediately where it creates a hazard to the community. In circumstances where
the damage does not create a hazard to the community, it must be repaired immediately on
completion of the works associated with the development.
43. All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
who is independent of the Developer and Principal Contractor, and they must certify that all
works conform to the Operational Works permit.
44. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice.
b. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
c. The latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices
to be constructed on site.
Page 13 of 84
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
Pavement Design and Construction
45. Pavement design for privately owned works must be undertaken in accordance with the
relevant standards. Structural integrity of the driveway and car park areas will remain the
responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
46. Safe pedestrian access on all streets in the vicinity of the development must be maintained
at all times. Should footpath/road closures be necessary to carry out construction works,
Council’s Engineering Officer must be notified prior to the proposed closure and all
requirements complied with.
47. All frontage works must match neatly with existing road and verge/footpath features.
Additional works beyond the frontage may be required to provide an acceptable transition to
existing road and verge/footpath profiles.
48. Electrical conduits or other services proposed to be installed within existing and proposed
road reserves under existing sealed carriageways, concrete pathways, concrete/sealed
driveways or significant vegetation must be installed by boring. Trenching is not permitted,
unless specifically approved by Council.
Site Access and Driveways
49. Any existing unnecessary or redundant property accesses must be removed, and the kerb,
footpath and verge area reinstated to match the existing footpath and/or verge treatments.
Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
or turf, and must be maintained by the developer until established.
50. The following must be complied with during the construction of the required
crossovers/driveways:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete.
b. The driveway must be constructed so as not to concentrate or redirect stormwater
runoff onto neighbouring properties.
c. Underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway.
d. Where there is an existing pedestrian path, a matching crossfall must be provided for
the driveway on the alignment of the path, for the full width of the path.
e. The property access must be located a minimum of 1m clear of existing power poles,
streetlights or other signage. The developer is responsible for any necessary relocation
of existing services to provide this clearance and must contact the relevant service
authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
51. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development, with geotechnical testing
undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as
defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
uniformity of fill shall be provided by a RPEQ and submitted to Council prior to Council signing
the Plan of Survey.
Stormwater Drainage
52. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
53. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties (e.g. by blocking or interfering with natural overland flows).
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
54. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Environment
55. Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must
not be released from the site or to waters within the site, or be likely to be released should
rainfall occur, unless all reasonable and practicable measures are taken to prevent or
minimise the release and concentration of contamination.
56. Erosion and sediment control measures must be installed and maintained to minimise
erosion on the site and to minimise the export of sediment and associated pollutants from
the site. The erosion and sediment control measures must be designed, installed and
maintained in accordance with current best practice standards (refer to advisory notes).
57. Prior to the commencement of the use, all site surfaces must be effectively stabilised using
methods which have achieved effective short-term stabilisation and which will continue to
achieve effective stabilisation in the medium to long-term (refer to advisory notes). For the
purpose of this condition, an effectively stabilised surface is defined as one that does not, or
is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or
lead to sedimentation, or lead to water contamination.
Damage to Services and Assets
58. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
FOLLOWING CONSTRUCTION
Certification
59. Upon completion of the work a certificate must be issued by an RPEQ certifying that the
works have been constructed in accordance with the Operational Works permit.
60. A final inspection and approval of the new works and completed reinstatement works by
Council’s Inspector is required. Please contact Council on 5329 6245 to arrange for the
inspection.
REPORT
1. PROPOSAL
This application seeks approval to construct a duplex dwelling on the site at Cooroy. The
application involves three components including a Material Change of Use for a Multiple Housing
Type 1 – Duplex, Operational Work (Engineering Works) and Reconfiguration of a Lot - 1 Lot into
2 Lots.
The proposal involves the retention of the existing dwelling which faces Tewantin Road and the
construction of a second dwelling unit to the rear of the site which will face Olivine Lane. Works
associated with the front unit include a new vehicular access from Tewantin Road leading to a
carport and tandem visitor space located along the eastern boundary.
The new rear unit is proposed to be a single storey, 3 bedroom dwelling, clad with weatherboard
and pitched roof form. This unit proposes to take vehicular access from Olivine Lane and provides
an enclosed garage attached to the unit and a separate visitor carparking space and manoeuvring
to the front of the site. (refer figure 1)
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
Figure 1 – Site plan and elevations
Operational Works plans detailing roadworks and stormwater are included as part of the
application.
The applicant also seeks approval to reconfigure the site to create a Community Titles Scheme
with services constructed for each lot. Proposed lot 1, which contains the existing dwelling, has a
proposed area of 494m2 with the rear lot 2 an area of 514m2.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
The applicant seeks approval to create these two titles prior to the actual construction of the duplex
dwelling and proposes that conditions be included as part of the Community Management
Statement to ensure that the newly created vacant lot be developed in accordance with the
conditions of Development Approval. Written advice from the applicants’ solicitor details that they
consider the conditions would be legal and enforceable.
The proposed Duplex is a code assessable use and has been referred to the Planning &
Environment Committee meeting due to the conditions proposed for the widening of Olivine Lane
and staging of the subdivision.
2. SITE DETAILS
2.1. Background
A pre-lodgement meeting was held with Council officers on 31 January 2017. A number of matters
were raised including:
Access
The issue of most significance is accessing Cooroy Noosa Road. It is noted that the supplied DTMR
letter includes the need for the applicant to obtain Council’s approval for the access. In this regard
any application will need to demonstrate that the access can achieve compliance with the Noosa
Plan - Driveways and Carparking Code and Transport, Roads and Drainage Code. It is expected
that any application will need to include suitable engineering designs and it is highly likely that on-
site manoeuvring will be required.
Frontage Works
The development will need to include improvements to the site’s frontage to Olivine Lane. The
works will most likely include kerb and channel and any associated formation widening.
The site’s frontage to Cooroy Noosa Road is fully formed and at this time it is not expected that
any works will be required.
Stormwater
The development will need to provide connection from the lots to the existing Council drainage
system.
Services
The development will need to provide services to each lot normally associated with urban
development (water, sewer, power and telecommunications). The developer is responsible for any
costs associated with the provision of the services.
Reconfiguration
It is expected that all of the required works mentioned above will be completed prior to Council
endorsing any survey plan for the subdivision of the land.
2.2. Site Description
The site is a rectangular shaped parcel of land located on the north western side of Tewantin Road,
Cooroy. The site has frontage to both Tewantin Road and Olivine Lane and slopes down from the
Tewantin Road frontage to Olivine Lane with a fall of approximately 4 metres and slope of 15%.
An existing single storey brick dwelling is located on the site 4.5 to 5.0 metres from the Tewantin
road frontage. Existing vegetation is limited to amenity landscaping around the periphery of the
site.
2.3. Surrounding Land Uses
The site is located in an established residential area that is characterised by low set residential
dwellings, however, is experiencing change with a number of sites being developed for units.
Specifically, the site directly to the west of the site at 21 Tewantin Road has been developed for
three, two storey units, whilst the northern section of Olivine Lane has a number of duplex dwellings
developed.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policies
The State Planning Policies have been deemed by the Minister for Local Government and Planning
as appropriately reflected in the Planning Scheme and therefore do not warrant a separate
assessment.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Cooroy & Lake Macdonald Locality and is zoned semi- attached
housing. The proposed use is identified as consistent use within the zone and is required to follow
a code assessable application process.
Locality Provisions
Cooroy & Lake Macdonald Locality Code
The site is located in the Cooroy and Lake Macdonald Locality and included in the Semi-Attached
housing zone. The Type 2 Duplex is a consistent code assessable use in the zone and the proposal
complies with intent of this locality.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Residential Uses Code
Landscaping Code
Engineering Works Code
Reconfiguring a Lot Code
The application has been assessed against each of the above applicable codes. The table below
details the proposals compliance with key criteria.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
Criteria Planning Scheme Proposal Complies
Site Area 800m2 1012m2
Population density 1dwelling/400m2 with a max 2 units or 6.6 persons
100persons/ha = 2 dwellings or
10.12 persons
Gross Floor Area 0.45:1 = 240.4m2 238m2
Site Cover 40% 39%
Landscaping 264m2 367m2
60% soft landscaping 60% min
Roof form 12 degree minimum pitch 6 degree and eaves x
600 mm eaves provided for 75% 450mm eaves x
perimeter of building
Boundary setbacks Tewantin Olivine
• Frontage -6.0m 4.5m 2.8m x
• Side - 1.5 m 1.6m 1.5m
• Side – 1.5 m 1.5m 1.5m
• Rear – 6.0m 2.0m 1.8m x
Building Height • in storeys - 2 storeys max • 1 storey
• in metres - 8 metres max • 4.5m
Length of wall • 15 metres with one design • 15.8m x
element • variation in roof
• variation in roof forms forms
• segmented balconies • segmented
• no more than 4 attached balconies
dwelling units • complies
Carparking - 1 covered space per dwelling unit 2 covered spaces
and 1 additional space and 1 uncovered
space
The pertinent issues arising out of the assessment against the codes are discussed below:
Code Discussion
Cooroy & Lake SO4 and SO5 relate to the use of laneways in the locality. Specific Outcome O4
Macdonald states that uses are not to diminish the ability of laneways to:
Locality Code a) relieve traffic on streets;
b) provide convenient and safe rear access to premises; and
c) add to the heritage character of Cooroy;
Specific Outcome O5 states:
O5 Access for new uses is only taken off a laneway where upgrading works are
carried out to the laneway to enable the laneway to accommodate the anticipated
levels of traffic.
The applicant indicates that the existing dwelling currently takes access off Olivine
Lane with the new rear dwelling unit continuing to use this rear access. No further
works are proposed to be undertaken in the lane as the applicant submits that they
have provided works that are the same width as the remainder of Olivine Lane and
retains the existing vegetation further to the east along the Lane.
Council’s Development Engineer has identified that the most suitable outcome is a
condition of the permit requiring a 2.0 metre wide dedication along the whole frontage
to facilitate future works by Council to widen Olivine Lane.
In response to this the applicant has provided the following request:
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
We request a 'one off' consideration by Council to reduce fees or infrastructure
charges as there is a discrepancy between the estimated cost of the frontage works
and the value of the land.
The estimated market value of the land, based on comparative prices in the area,
would be $240,000 being $466 a square metre, so 40.234m2 of land would be
$18,750. At the beginning of the project, our engineer's estimated cost of kerb &
channel and stormwater pipe in lieu of the open drain in the laneway was
approximately $8000.
This proposal was not known at the beginning of the application process or discussed
at the pre-lodgement meeting. There is a cost to us to extend the decision period by
another month while it is presented to August Council meeting. Subsequent new
applicants for this immediate location will have the benefit of knowing at the time of
making application that this will be a Council requirement.
The applicants request for a ‘one off’ consideration is not supported as the dedication
is required in lieu of the applicant undertaking public works within Olivine Lane. The
dedication and future dedications resulting from the development of properties
abutting the lane will allow for Council to undertake a co-ordinated upgrade of Olivine
Lane which will be to a higher standard than what would be required should a Public
Works condition be imposed. The dedication is required to ensure that the laneway
continues to function satisfactorily as properties adjacent the laneway be developed
for duplex dwellings. Furthermore whilst the dedication results in a reduction to the
site area the dedication does not impact the proposed layout.
Cooroy & Lake O8 Setbacks – The Noosa Plan details a minimum 6.0metre rear boundary setback
Macdonald for duplex dwellings. As the site has two road frontages there is no defined rear
Locality Code boundary for the entire site. However, as the applicant is proposing to subdivide the
site and create two Standard Format Lots a rear boundary setback could be applied.
The reduced setback to Olivine Lane is for an existing garage.
The reduced setback between the units is considered appropriate as there is
sufficient open space on site for each unit and the sloping topography and single
storied design reduces the impact of the new unit on the existing dwelling.
Cooroy & Lake O16 Roof Form – The Locality Code details that buildings are to have a 12 degree
Macdonald roof pitch with 600m eaves. The proposal indicates a maximum 6 degree roof pitch
Locality Code with 450m eaves.
It is noted that roof pitches within the area are predominantly compliant with this
requirement. As there is no overriding reason for a roof of a lesser pitch a condition
to the permit will require compliance with this outcome.
Cooroy & Lake O37 Length of wall – The proposed new dwelling unit to the rear of the site slightly
Macdonald exceeds scheme requirements in relation to maximum length of wall requirements of
Locality Code 15m with a length of 15.8m. This slight increase is considered acceptable based on
the single storied presentation of the building and windows that break up the rear
facade.
Reconfiguring a Lot Code
The creation of individual titles for unit development normally occurs when the units have been
completed which provides assurance that the development is occurring generally in accordance
with relevant planning approvals. The applicant however seeks approval to subdivide the site and
create the title for 2 standard format lots prior to the construction of the actual unit development.
This subdivision will result in two separately titled lots of 494m2 and 514m2 that are below the
minimum lot size of 800m2 for the Semi-Attached Housing zone and could be disposed of
separately.
The applicant has included legal correspondence which states that their solicitors believe that
conditions imposed on the development approval would ensure that any future purchaser would
be required to develop the site in accordance with any relevant Development Approval.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
However, the titling timing and approach proposed by the applicant is not supported as it will create
individual lots that are well below minimum lot size requirements. The undeveloped lot could be
sold without the development proceeding. It would then be possible for a private certifier to approve
a new dwelling which is not in accordance with the approved plans, potentially resulting in a new
dwelling with a greater site cover or floor area than that permitted by the Noosa Plan for the
development. Conditions on a reconfiguring a lot permit are not able to satisfactorily control the
use of the land.
Accordingly, a condition of the permit will require that plan sealing not occur until the approved
dwelling is completed and conditions for the duplex dwelling are met.
Overlay Provisions
No overlays are applicable to this application.
4. CONSULTATION
IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Concurrence
Department of Transport and Main Roads
The Department is a concurrence agency for the development as Tewantin Road is a State
Controlled Road. DTMR has provided concurrence conditions that approve the works and location
of the driveway to Tewantin Road.
4.1. Other Referrals
The application was referred to the following internal Council specialists whose comments form
part of this report
5. CONCLUSION
The proposed Material Change of Use of Premises - Multiple Housing Type 1 – in the Detached
House Zone Duplex is a consistent use within the zone and does not raise any planning concerns.
The proposal demonstrates a high level of compliance with the applicable codes and required
variations are considered to be minor and will not result in loss of amenity or have a detrimental
effect on the streetscape. The proposed staging of the lot reconfiguration is not supported and
accordingly a condition of the approval will require that the dwelling be completed to frame stage
prior to plan sealing. The application for Operational Works (Engineering Works) is also supported.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
3 MCU17/0035 APPLICATION FOR A DEVELOPMENT PERMIT FOR A MATERIAL
CHANGE OF USE OF PREMISES OPEN SPACE TYPE 2 CAMPGROUND FOR 240
WILDERNESS TRACK AND ROAD 205 NOOSA NORTH SHORE
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment & Sustainable Development Department
Index Application/ECM/MCU17/0035
Attachments 1. Proposal Plan
APPLICATION DETAILS
Applicant Noosa Council
Proposal Development Permit for Material Change of Use of Premises -
Community Uses - Open Space Type 2 - Campground
Properly Made Date 27 April 2017
Information Request Date N/A
Information Response Date N/A
Decision Due Date 11 August 2017
Number of Submissions 2
PROPERTY DETAILS
Property Address Noosa North Shore Beach Camp Ground 240 Wilderness Trk Noosa
North Shore
Road 205 NOOSA NORTH SHORE QLD 4565
RP Description Lot 1010 NPW 686
Lot 32 MCH 4399
Land Area 58.8 hectares
58.26 hectares
Existing Use of Land Caravan Park and Campground and National Park
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Locality Noosa North Shore
Zone Open Space Recreation
Open Space Conservation
Overlays Biodiversity
Natural Hazard- Bushfire and Acid Sulphate Soils
Assessment Type Impact
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 8 August regarding Application No. MCU17/0035 for a Development Permit for
Material Change of Use of Premises - Open Space Type 2 Campground situated at 240 Wilderness
Track, Noosa North Shore and approve the application in accordance with the following conditions:
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
D-02174-01-C Proposal Concept Plans 24/04/2016
Use
3. Resident guests of the campground must not stay longer than 12 weeks in a year.
4. The maximum number of camp sites permitted is 200 on site at any one time.
Environmental Health
5. Sanitary Facilities are to be installed to the following requirements:
a. Unless an accommodation is fitted with a sanitary convenience, as a minimum
standard provide for the exclusive use of the park occupants separate sanitary
conveniences for each sex in accordance with the table below; and
No. of sites No. of water closets No. of water closets Length of urinals for
and pans for females and pans for males males
Up to 40 1 for every 12 sites of 1 for every 15 sites or 0.6m
part thereof part thereof
Above 40 An additional 1 for An additional 1 for 0.6m for every 40 sites
every 20 sites or part every 20 sites or part or part thereof
thereof thereof
b. Sanitary facilities must be located generally in the locations shown on the approved
plan and at least 6 metres from any camp site.
c. Where 10 or more water closet fixtures are provided, ensure that at least 1 such closet
fixture and its compartment or cubicle is constructed, equipped and provided with
access in accordance with AS1428, Code of Practice for Design Rules for Access by
the disabled; and
d. Ensure all sanitary conveniences are constructed to ensure privacy to the satisfaction
of an authorized person; and
e. Ensure shower facilities are installed:
i. With separate drainage points for the discharge of water into the drainage
system; and
ii. In a separate compartment or cubicle which is constructed to ensure privacy to
the satisfaction of an authorized person; and
f. Provide for suitable laundry facilities including laundry tubs, washing machines and
clothes lines in a centrally located area; and
g. Provide sewage or a drainage system in conformity with the requirements of the local
government for the carrying off and disposal of all wastes from every water closet
fixture, urinal, ablutionary facility, laundry facility and site; and
h. Provide waste water disposal points throughout the site which are:
i. Provided with a water stand pipe; and
ii. Provided with an impervious paved area measuring not less than 1m x 1m and
graded to a central drainage inlet which is connected to sewage or drainage
system.
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Retention of Existing Trees
6. Existing trees on the site and in the road reserve must be assessed by a qualified arborist
and retained and protected where possible. Where mature trees are to be removed,
reasonable grounds must be given by the qualified arborist. Any tree removed must be
replaced with a similar suitable tree species in a similar location, where practicable.
7. In order to protect existing vegetation and natural habitat values, waste water must not be
disposed of on-site and must be collected and appropriately treated or disposed of off-site.
8. Pest plant species, including “Undesirable species” as listed in Planning Scheme Policy 3
Landscaping Plants and Guidelines and Noosa Council’s Pest Management Plan as
amended from time to time, must be controlled on site.
Bushfire and Natural Hazards
9. The development must be carried out in accordance with section 6 of the Bushfire Risk
Assessment and Bushfire Risk Management Plan for the Noosa North Shore Beach
Campground Upgrade Revision 1 March 2017 prepared by Ecological Natural Area
Management.
10. A copy of the Bushfire Risk Assessment and Bushfire Risk Management Plan for the Noosa
North Shore Beach Campground Upgrade Revision 1 March 2017 prepared by Ecological
Natural Area Management must be provided to the nearest fire authority.
11. The development must be carried out in accordance with the Bushfire Risk Assessment and
Bushfire Risk Management Plan for the Noosa North Shore Beach Campground Upgrade
Revision 1 March 2017 prepared by Ecological Natural Area Management.
Vegetation Management
Works within Protected Land
12. The following works must be undertaken within the land generally located east of the site and
to the north of the site to remedy historic camping encroachment on the dune system.
a. Restoration of the cleared areas of the dune system to a natural state similar to dune
vegetation structure found at immediately north of the Third Cutting.
b. Restoration works must occur between the latitudes of -26.3307 and -26.3357.
c. The establishment of restoration works must commence within 12 months from date
this development permit takes effect.
d. Restoration establishment works must be successfully completed within 36 months
from date this development permit takes effect.
e. The restoration works must be maintained in good order for the life of the development.
f. Public access from the camp ground, through the esplanade, to the beach must be
controlled to prevent disturbance to the restoration area.
Fencing to Protected Land
13. A permanent fence must be constructed along the entire length of the eastern interface of
the site. The fence must be constructed to protect the esplanade from public access generally
in accordance with the alignment on the approved plan and include:
a. Controlled beach access points;
b. Signage promoting the restoration works.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
REPORT
1. PROPOSAL
This application seeks to formalise use of the area of historic encroachment to the south of Lot 32
for the purpose of a campground. Lot 32 has existing use rights for the campground whereas the
area of encroachment does not. The tenure arrangements for the encroachment area are currently
being formalised. The following image clarifies the delineation between Lot 32 and the
encroachment area to the south of the site:
LOT 32
Area of encroachment
Figure 1: Lot 32 and the area of encroachment to the south of the site
The application includes advice that the applicant also intends to rehabilitate, revegetate and
upgrade the entire campground with works to include:
Weed removal.
Removal of camping from sensitive esplanade and dune area.
Rehabilitation and replanting of encroachments to the north and east.
Full fencing and rehabilitation of the dune area (Esplanade), including a multitude of informal
beach access tracks and campground encroachment.
Formalisation/consolidation of a small number of beach access tracks/boardwalks.
Revegetation across the campground site to create individual, defined “bush camping” style
sites.
New effluent and wastewater system to cease on-site treatment. Holding tanks will be used
and waste will be carted for treatment at a Unitywater treatment plant.
Minimised disturbance/removal of existing native vegetation.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
The existing entrance to the site will be maintained and improved with a new kiosk and reception
area proposed.
The area of the extension will be used for camping purposes with grassed sites and road access
however no further amenities will be provided on this portion of the site.
The proposed works remain within the existing approved 200 camping sites limit.
Attachment 1 provides concept plans of the proposed upgrade.
2. SITE DETAILS
2.1. Background
In 1986, Noosa Council approved a rezoning of the site to the Special Facilities (Campground)
zone to permit camping from the site. A lease was subsequently entered into with the State allowing
for a campground of up to 200 sites and associated facilities.
In April 2006, Council resolved to:
Adjust the boundary of the Noosa North Shore Beach Campground to the south involving
revocation of part of Lot 1010 NPWS 686.
Dedicate the road reserve over the existing formation of the Wilderness Track through Lot
1010 NPW 686 (Regional Park - Great Sandy Resource Reserve), requiring excision from
National Park.
Transfer the balance area west of the road dedication to National Park (very small piece of
land that would be alienated as part of the road dedication).
In December 2015, Council resolved to engage a multi-disciplinary team to assess options and
develop a master plan for the upgrade of the campground.
The Department of Environment and Heritage Protection (DEHP) are currently progressing the
excision of the southern portion of the site from National Park.
Separate to this application, Council has lodged survey plans with the State which detail, the
creation of road to the west of the site (including the carparking area in front of the main access)
and inclusion of the area to the south of the existing boundary.
2.2. Site Description
The report submitted with the application provides the following description of the site:
The land, the subject of this application (to be known as the site), is located at 240 Wilderness
Track, Noosa North Shore and described as Lot 32 on MCH4399 and Part of Lot 1010 on NPW686.
Lot 32 contains an approved existing campground known as the Noosa North Shore Beachfront
Campground and is of an irregular shape with direct frontage to the unmade gazetted road called
the Esplanade which forms the eastern boundary of the site. Lot 32 is bounded to the north, west
and south by the Great Sandy Resources Reserve. The existing campground is approved for up
to 200 sites which comprise informal grassed and wooded camp sites which are located within the
existing vegetation and are accessed by sand and gravel tracks that wind through the vegetation.
The south-eastern corner of this lot site is relatively open with grassed camping extending into the
road and adjoining lot.
The Noosa North Shore Beachfront Campground also provides an entry kiosk and office,
manager’s residence and central amenities block with septic tanks and shed to the centre front of
the site. Car parking facilities for 21 cars and 3 trailers are provided to the front of these facilities.
This lot is well vegetated with a mixture of native vegetation and some cleared camping sites.
The existing campground has extended beyond the boundaries of Lot 32 into the Esplanade to the
west and southwards into Lot 1010 which is the Great Sandy Resources Reserve. The northern
corner of this portion of the site has been cleared through camping activities with a loop road
extending from the approved campground to this portion of the site.
Page 26 of 84
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
The site currently gains access off a sealed access track that extends through the Great Sandy
Resources Reserve and connects to Beach Road to the south which is a gazetted road.
Documentation and aerial photography provided with the application indicates that the
campground has been operating beyond the approved boundaries since the 1980’s.
The following images detail the locality plan.
Figure 2: Subject site
Page 27 of 84
Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
Figure 3: Subject site including areas of encroachment
Separate zoning applies to the existing campground and the Great Sandy Reserve. The following
image details the relevant land zoning.
Figure 4: Applicable land zoning
Page 28 of 84
Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
Figure 5: Summary of proposal
2.3. Surrounding Land Uses
North National Park - Great Sandy Resources Reserve
South National Park - Great Sandy Resources Reserve – further south of the National Park is
freehold land
East National Park - Great Sandy Resources Reserve
West Foreshore
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policies
The following State Planning Policies are applicable to this application:
Biodiversity
Coastal Environment
Water Quality
Natural Hazards Risk and Resilience
Page 29 of 84
Section 30
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
Biodiversity
The application does not propose to remove vegetation whilst remediation works will reinstate
areas which have been impacted by the encroachment of the campground on to foreshore land.
Existing camping areas and the new camping areas to the south are to be located within existing
cleared areas.
Coastal Environment
Previous encroachment within the Crown foreshore land has resulted in a deterioration of
environmental values. The rectification of the use area will stop the use of the foreshore land.
Furthermore, the foreshore land is to be fenced to allow for defined beach access areas.
The proposal requires assessment against the State Assessment Development Provision Module
10 – Coastal Protection. The applicant has provided an assessment against this module. It is
considered that the applicant’s assessment satisfactorily addresses the relevant performance
outcomes of this module. Of note is that the development does not propose any habitable
structures, is located outside of medium and high storm inundation areas and involves the removal
of campsites within the frontal dunes.
Water Quality
Not triggered.
Natural hazards Risk and Resilience
The majority of the site is mapped as being affected by the Potential Impact Buffer. The applicant
has provided a Bushfire Risk Assessment and Bushfire Risk Management Plan which has been
reviewed by an Environmental Officer who advises:
The applicant has provided a bushfire management plan and disaster management plan which
adequately identifies and addresses the natural hazards associated with the use of the site. The
development can be conditioned to comply with these plans.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Regional Landscape and Rural Production Area (RLRPA) of the SEQ
Regional Plan. The RLRPA identifies land with regional landscape, rural production or other non-
urban values. It protects this land from inappropriate development, particularly urban or rural
residential development.
The RLRPA includes land with one or more of the following values:
significant biodiversity
regional ecosystems that are endangered or of concern
national parks, conservation parks, resources reserves or other conservation areas
koala habitat
good quality agricultural land and other productive rural areas
cultural and landscape heritage values (traditional and non-indigenous)
natural economic resources, including extractive resources and forestry plantations
water catchments, water storages and groundwater resources
native forests
coastal wetlands
land that forms strategic and regionally significant inter-urban breaks
The designation maintains existing land use rights which ensure that activities such as tourism and
outdoor recreation can continue. The campground site has existing use rights for 200 camp sites
and it is considered that the expansion of the campground into the southern lot will not compromise
the above values as the proposal will not impact on the management of natural assets and no
vegetation is proposed to be removed.
The application has been reviewed by Council’s Environment Officer who has made the following
observations:
Page 30 of 84
Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
Vegetation within the site
No new clearing of the site is proposed with the proposed camp sites being located within and
under the existing canopy. It is anticipated on-going vegetation management will be required
associated with site maintenance.
Restoration of esplanade and previously disturbed areas subject to historic camping encroachment
The applicant has proposed to restore areas where historic camping encroachment has occurred
on the esplanade and National Park land. Suitable conditions can be applied to rectify the
encroachments and restore the dune system, which will provide added resilience to storm surge
impacts.
Lawful disposal of waste waters
A recent site visit noted the discharge of grey water into the dune system. These areas are highly
sensitive to changes in nutrient status. Increases in phosphates and nitrates in this low nutrient
system will cause damage to the ground water and associated vegetation community. Regulation
of waste water discharge will reduce vegetation management requirements and groundwater
pollution.
State Planning Regulatory Provisions
The SEQ Regional Plan Regulatory Provisions do not apply to the application as Lot 32 is
considered urban property in the context of the SEQ Regional Plan and approximately 20 camp
sites will be located on the existing National Park. Therefore, it is considered that the 300 person
threshold will not be exceeded.
Statutory Instruments – Planning Scheme
The subject site is located in the Noosa North Shore Locality and is zoned Open Space Recreation
and Open Space Conservation. The proposed use is identified as a consistent use within the zone
and is required to follow an impact assessable application process.
Locality Provisions
Noosa North Shore Locality Code
A number of overall outcomes of the Noosa North Shore Locality Code are applicable to this
application, specifically:
10.7.2 The overall outcomes sought for the Noosa North Shore Locality are the following—
c. 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;
d. The Noosa North Shore Locality retains its primary role as a substantial coastal area
largely dedicated to conservation;
e. Development is secondary to and dominated by its open space setting with a very low
intensity and scale of operation;
f. Limited visitor accommodation and services are provided in the locality, confined to the
Visitor Mixed Use Zone, and the wilderness camp in the Open Space Recreation Zone;
h. The locality maintains its substantially natural state, with little effect from development;
It is considered that the proposal complies with these outcomes as:
The proposed works and extension to the campground area are consistent with the existing
approved use on Lot 32;
Site amenity and safety is improved with facilities upgrades;
The re-vegetating of the foreshore area improves the natural environment;
Page 31 of 84
Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
The proposal will not detract from the Noosa North Shore primary role as a substantial
coastal area largely dedicated to conservation;
The proposed campground is open space and of low scale within existing cleared areas and
generally surrounded by vegetation; and
Whilst the campground is to extend into the Open Space Conservation Zone it is noted that
this extension has the support of the Department of Environment and Heritage Protection
(DEHP) and that as part of a separate process land is to be transferred to National Park west
of the road dedication.
The Noosa North Shore Locality Code also seeks the following outcomes in respect to the site:
rr. For the Open Space Recreation Zone—areas of open space contribute to the desired
lifestyle of residents by offering a variety of recreational experiences conducive to community
interaction and wellbeing;
ss. For the Open Space Conservation Zone—natural environmental values of the highest
order and warranting conservation status are—
i. protected for their importance in contributing to ecological sustainability including
maintenance of water quality, beach protection, 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.
The proposal provides for a recreational experience consistent with how the land is currently
enjoyed by the community.
The proposal formalises the existing land use within the Open Space Conservation Zone resulting
from the encroachment into this area. The amount of sites remains at 200 which is consistent with
the original lease with the State. The proposal also rectifies encroachment which has occurred in
the foreshore area and remediates the environmental values within this area.
The proposal complies with the Specific Outcomes and Probable Solutions of the Noosa North
Shore Locality Code, the Open Space Recreation Zone and the Open Space Conservation Zone.
The following items are also of note:
Specific Outcome O44 and Probable Solution for the Open Space Recreation Zone
O44 The scale and intensity of development on Lot 32 on MCH4399 is not increased.
S44.1 For Lot 32 on MCH4399 there is no intensification or expansion of population density,
building height, site cover, gross floor area or plot ratio of the development in existence at the time
of gazettal of this Plan.
The proposal complies with this provision as the lease with the State provides for 200 camp sites
and the number of camp sites is not being increased. The proposed new structures provide for the
amenity of the occupants of the campground and are of a reasonable form and scale.
Specific Outcomes 48, 49 and 50 for the Open Space Conservation Zone
O48 Public lands are dedicated to conservation outcomes; AND
O49 Public lands are used for passive recreation with facilities limited to sand tracks for access;
AND
O50 Private lands are retained in their natural state.
Noosa Council is currently working with the State Government to rectify land tenure arrangements
on the Noosa North Shore.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Community Uses Code
Engineering Works Code
Landscaping Code
Page 32 of 84
Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
The application has been assessed against each of the above applicable codes. The pertinent
issues arising out of the assessment against the codes are discussed below:
Probable Solution S28.1 of the Community Uses Code requires that for campgrounds outside of
urban settlements:
i) the site density does not exceed 20 camp sites per hectare
ii) the maximum number of camp sites on any site does not exceed 100; and
Whilst the facility does not comply with this probable outcome it is noted that the existing facility
has a lease for 200 campsites. The proposal maintains the 200 campsites, is accommodated within
the natural landscape and will not detract from the rural or environmental character of the area.
Overlay Provisions
The following overlay codes are applicable to this application:
Biodiversity Overlay – Environmental Protection
Natural Hazard – Bushfire and Acid Sulphate Soils
Whilst the Biodiversity Overlay applies to the site there is no assessment required against this
provision as the proposal does not seek to remove vegetation. Campsites are to be located within
existing cleared areas.
As the proposal only involves minor earthworks the development does not trigger assessment
against the Acid Sulphate Soil provision of the Natural Hazard Code.
The proposal does require assessment against the Natural Hazard Bushfire Overlay. A Bushfire
Risk Assessment and Bushfire Risk Management Plan were submitted with the application. This
report has been reviewed by Council’s Environment Officer who has provided conditions to ensure
compliance with these plans.
4. CONSULTATION
IDAS Referral Agencies
The application was not required to be referred to any IDAS Referral Agencies.
4.1. Other Referrals
The application was forwarded to the following internal Council specialists:
Environmental Officer
Environmental Health
Climate Change Adaptation - Strategic Land Use Planning Branch
Their comments form part of the consideration of this application.
4.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. Two properly made submissions were received. The following table provides a
summary and assessment of the issues raised by submitters.
Issues Comments
Request for a day use area for picnics It is noted that day use facilities/activities are available
between the 1st and 3rd cutting in an area that is
accessible for two-wheel drive vehicles. Furthermore it
is reasonable for the campground to provide facilities
only for users of the campground. Provision of public
facilities within the campground may cause conflict with
Preference for current level of service which is other users of the park and result in excessive demand
basic and occupants need to be self-sufficient. on facilities.
The level of service is not changing – visitors to the park
will still need to be self-sufficient
Page 33 of 84
Section 34
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
5. CONCLUSION
The proposed Community Use - Open Space Type 2 (Campground) in the Open Space
Conservation zone is a consistent use within the zone and does not raise any significant planning
concerns. The land to the south of the existing campground is owned by the Queensland Parks
and Wildlife Service who have consented to the making of the application. The application seeks
to formalise a historic encroachment into this area with camp sites to be located in degraded areas.
Therefore no vegetation is proposed to be removed and the environmental values of the remainder
of the site and the surrounding areas will be maintained or improved.
The application has demonstrated compliance with the relevant provisions of the Noosa Plan and
will allow for the continuing use of the site for the purpose of recreational camping within the natural
setting. The continuing use will comply with the number of sites approved under the lease and is
considered to be consistent with provisions of the Noosa Plan.
Departments/Sections Consulted:
Chief Executive Officer x Community Services x Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws x Property
x Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
x
Design and Delivery
Page 34 of 84
Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
Page 35 of 84
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
ATTACHMENT 1: PROPOSAL PLANS
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Page 35 of 84Section 36
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
Page 36 of 84
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
INCREASES SITE VEGETATION —_—--? F -.aieamoame
COVERAGE BY 45% vi hice . Bascal as
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and nestle the campers inte the landscape allowing ¥ ap = ny 7 Ky % yO ail ee +a wis read]
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used OS COMPpsites, OoCess foods, pedestnan access tna se kee vip) a5 ih Ramee SY : — . -_— “28; “te, —_ i
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revegetoned Increasing Sie vegetation cowernge. Weed op . =\ ia aa
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LANDSCAPE CONCEPT PLAN Scale 12000@A3 €2Z)
Page 36 of 84Section 37
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
4 MCU17/0014 APPLICATION FOR DEVELOPMENT PERMIT FOR MATERIAL CHANGE
OF USE OF PREMISES MULTIPLE HOUSING TYPE 4 CONVENTIONAL 10 UNITS AND
COMMERCIAL BUSINESS TYPE 1 OFFICE AND TYPE 2 MEDICAL FOR 30-32
DOONELLA STREET TEWANTIN
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment & Sustainable Development Department
Index Application / ECM / MCU17/0014
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Doonella Street P/L TTE
Proposal Development Permit for Material Change of Use of Premises -
Multiple housing Type 4 Conventional - 10 units and Commercial
business Type 1 Office and Type 2 Medical
Properly Made Date 03 March 2017
Information Request Date 20 March 2017
Information Response Date 12 May 2017
Decision Due Date 17 August 2017
Number of Submissions One
PROPERTY DETAILS
Property Address 30 & 32 Doonella Street
TEWANTIN QLD 4565
RP Description Lot 32 RP 893427
Lot 903 T 1631
Land Area 516 Square Metres
2023 Square Metres
Existing Use of Land Single Dwelling and Multiple Housing
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Tewantin & Doonan
Zone Community Services
Overlays Natural Hazard: Bushfire & Acid Sulphate Soils
Assessment Type Impact
RECOMMENDATION
That Council note the report by the Coordinator Planning, Patrick Murphy to the Planning &
Environment Committee Meeting dated 8 August 2017 regarding Application No. MCU17/0014 for
a Development Permit for Material Change of Premises – Multiple Housing Type 4 Conventional
(10 units) and Commercial Business Type 1 Office and Type 2 Medical situated at 30 and 32
Doonella Street Tewantin described as Lot 903 on T1631 and Lot 32 on RP893427, and:
Page 37 of 84
Section 38
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
APPROVED PLANS
2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
1646-SD01 11 Site Plan By Archiology 11/05/2017
1646-SD02 10 Ground/Carpark Plan By Archiology 02/05/2017
1646-SD03 8 Level 1 Plan By Archiology 02/02/2017
1646-SD04 7 Level 2 Plan By Archiology 02/02/2017
1646-SD05 7 Level 3 Plan By Archiology 02/02/2017
1646-SD07 7 Northern and Eastern Elevations By 02/02/2017
Archiology
1646-SD08 7 Southern and Western Elevations By 02/02/2017
Archiology
1646-SD09 7 Section Plans By Archiology 02/02/2017
1646-SD10 7 Section Plans By Archiology 02/02/2017
SD-1 B Landscape Concept Strategy by Project 15.02.2017
Urban
SD-2 B Landscape Concept Strategy by Project 15.02.2017
Urban
2630-001 (Sheet 01) A Entry Driveway Long Section – Western 02/05/2017
Side, prepared Greys Consulting
(certified by Brett Franklin RPEQ 18447)
2630-001 (Sheet 01) A Entry Driveway Long Section – Western 02/05/2017
Side, prepared Greys Consulting
(certified by Brett Franklin RPEQ 18447)
2630-001 (Sheet 02) A Entry Driveway Long Section – Eastern 02/05/2017
Side, prepared Greys Consulting
(certified by Brett Franklin RPEQ 18447)
2630-001 (Sheet 03) A Exist Driveway Long Section – Western 02/05/2017
Side, prepared Greys Consulting
(certified by Brett Franklin RPEQ 18447)
2630-001 (Sheet 04) A Exist Driveway Long Section – Western 02/05/2017
Side, prepared Greys Consulting
(certified by Brett Franklin RPEQ 18447)
2630-001 (Sheet 05) A Front Boundary Long Section – Western 02/05/2017
Side, prepared Greys Consulting
(certified by Brett Franklin RPEQ 18447)
Page 38 of 84
Section 39
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
Amended plans
3. The built form presentation of the commercial building and undercroft car parking area
to Doonella Street must maintain the 3 building forms, but the façade treatments must
be amended to reflect and complement the heritage character of the locality by
incorporating materials, finishes and colours consistent with the Tewantin domestic
vernacular. The façade treatment of the 3 building forms must also complement and
be compatible with each other.
Amended plans demonstrating compliance with this condition must be lodged with
Council prior to issue of a Development Permit for Operational Works.
4. Additional details of the proposed finished ground levels and treatment to boundaries
must be lodged with Council prior to issue of a development permit for operational
works. These additional details must demonstrate that the basement and car parking
areas are appropriately screened and landscaped to the adjoining properties.
Building Height
5. The maximum height of the development must not exceed 8 metres above the natural
ground level and finished ground level (with the exception of the driveway entrance to
the basement carpark and refuse store area).
6. Certification must be submitted to Council from a Licensed Surveyor which certifies
that the building does not exceed the maximum height requirement of this Decision
Notice.
Performance Bond
7. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
must be submitted to Council, to secure performance of all conditions of this approval,
prior to the site pre-start meeting. The cash bond or trading bank guarantee will be
returned on performance of the conditions of approval less any costs incurred by
Council in respect of enforcing performance of this permit. Council reserves the right
to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
8. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate,
the building name.
Water & Sewer Connections
9. An underground connection to reticulated water and sewerage must be provided to the
development site in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
10. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to the development site.
Building Appearance
11. All air conditioning units or other mechanical equipment must be fully enclosed or
screened such that they are not visible from the street frontages nor adjoining
properties.
12. All deck and balcony areas above ground floor must not be enclosed by permanent
fixtures such as shutters, louvres, glass panelling or the like.
13. Undercroft areas toward the building’s Doonella Street frontage shall be
screened/battened to the reasonable satisfaction of Council and Condition 3.
14. Balustrading to balcony areas must be glazed, as indicated on the approved plans.
Page 39 of 84
Section 40
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
Fencing and Walls
15. Any street fencing must be set back an average of 1 metre from the front property
boundary. Any fencing on the front boundary must either:
a. not exceed a maximum height of 1.2m
b. be of open construction.
16. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Clothes Drying Areas
17. A common access outdoor clothes line shall be provided for resident’s use, which is
screened from public view.
Storage
18. Each dwelling unit must be provided with an allocated secure storage area(s) within
the basement carpark.
Community Management Statement
19. Any proposed Community Management Statement required for the development
pursuant to the Body Corporate and Community Management Act 1997 must be
submitted to Council for endorsement at the same time as submission of the Building
Format Plan (or similar) to Council for compliance assessment.
20. All clauses and by-laws of the proposed Community Management Statement must
accord with the requirements of this Decision Notice.
Landscaping Works
21. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and the Noosa Plan and must include:
a. The works generally shown on the approved plans numbered SD-01(B), SD-
02[B] titled “Landscape Concept Strategy” by Project Urban dated 15/02/17.
b. Local species suitable for the location and generally consistent with requirements
of Planning Scheme Policy 3 – Landscaping Plants & Guidelines.
c. Retention of exiting trees toward the eastern boundary and south-eastern corner
of the site as shown on the approved Landscape Concept Plan (with
consideration to be given to the viability of retaining the tree(s) close to the
building in the context of the likely construction disturbance).
d. Retention of existing street trees (with consideration to be given to the viability of
retaining the tree(s) close to the new vehicle crossover(s)in the context of the
likely construction disturbance).
e. Replacement for any street tree proposed to be removed with advanced ex-
ground street tree(s).
f. Screening vegetation along the western boundary and front setback.
g. The all-weather pedestrian surface treatment to the 3m wide access easement
at the north of the site.
h. Clearly detail any proposed front fencing.
22. All landscape works must be maintained generally in accordance with the approved
design for the life of the development.
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External Works
23. Roadworks must be provided within the proposed 3.0m wide “Public Thoroughfare”
easement adjacent to the northern boundary of the site, extending from the eastern
side of the bin area to remaining length of the northern boundary. The works must be
undertaken in accordance with an Operational Works approval and must include in
particular:
a. 2.0m wide concrete pavement along full length of the easement. The formation
must be designed to cater for the potential future use by vehicles and be in
accordance with Council’s Planning Scheme Policy 5 – Engineering Design
Standards – Roads, Drainage and Earthworks.
b. Landscaping works to provide a suitable visual screening buffer between the
building and the easement with a minimum garden bed width of 800mm.
c. Pram ramps where required.
d. Any necessary alteration and reinstatement works beyond the boundary of the
site to connect and match existing public carparks or pathways pavements.
Site Access and Driveways
24. A sealed access driveway must be provided from Doonella Street to all parking and
maneuvering areas of the development generally in accordance with the approved
plans (16416–SD02 dated 02/05/2017 by Archicology). The works must be undertaken
in accordance with an Operational Works approval and must include in particular:
a. A driveway crossover 4.0m wide with grades generally in accordance with
IPWEAQ standard drawings SEQ R-049 and R-050 with line marking and
modified driveway tapers at 45 degree at the kerb line to encourage left-in and
left-out from the site (refer to Parking & Traffic Impact Assessment Report –
Addendum 1, Reference 210442017TIA-Add, dated 21 April 2017 by Greys
Australia Pty Ltd).
b. Signage and linemarking in accordance with Manual of Uniform Traffic Control
Devices (MUTCD) installed within the site to indicate left-out only traffic.
c. Grades to allow for a compliant concrete pathway along the frontage.
d. Any landscaping, fences and fixtures near the access entry point must comply
with AS 2890.1 requirements for sight visibility for pedestrians and cyclists at
driveways.
Frontage Reinstatement Works
25. All redundant driveways and existing kerb laybacks along the frontage of the site must
be removed and the kerb, footpath and verge area reinstated to match the balance of
the site frontage, including the provision of topsoil and turf where the existing verge is
grassed. The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. The existing driveway layback be removed and the kerb reinstated to match the
type and alignment of the adjoining existing sections of kerb line. The driveway
layback must be saw-cut and removed to allow for a smooth and neat join finish
between the new and the existing kerb.
b. Reinstatement of concrete footpath to provide even and consistent gradients in
longitudinal and across profiles generally in compliance with IPWEAQ standard
drawing SEQ R-065 Concrete Pathway Construction Details, this may
necessitate replacement of sections of the existing footpaths beyond the edges
of the redundant driveways and the frontage of the site.
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c. Any affected trees within the grassed verge must be replaced with similar species
in accordance with the landscaping conditions of this permit.
Car Parking
26. A minimum of 54 car parking spaces must be provided and marked on the site generally
in accordance with the approved plans. The works must be undertaken in accordance
with an Operational Works approval and must include in particular:
a. 3 disabled parking spaces within the total.
b. 3 visitor parking spaces within the total, which are clearly marked for that purpose
and accessible at all times for visitor use.
c. 18 bicycle parking spaces.
d. Dimensions, crossfalls, gradients and vehicle headroom in accordance with
Australian Standard AS2890: Parking Facilities.
27. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and maneuvering and kept in a tidy and safe condition at all times.
28. All car and bicycle parking areas must be line marked in accordance with approved
plans, no dividing walls be constructed unless a further application for amendment is
approved by Council.
Stormwater Drainage
29. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be undertaken in accordance with an Operational
Works approval, and must include in particular:
a. Stormwater system that caters for all storms up and including 1 in 100 years
storm event.
b. No adverse impact on other properties and the road’s footpath and grassed verge
(eg by diverting flows and/or blocking flows and causing additional ponding).
c. Where applicable, extension of the site stormwater system to accommodate
stormwater from external site, including registration of drainage easements.
d. The use of gravity stormwater drainage only and not surcharge pits or pumps.
30. Stormwater runoff from the development must be disposed of without causing scour or
damage to the subject site or any adjoining property.
Electricity and Telecommunication Services
31. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
32. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and all
applicable legislation at the time of construction.
Easements
33. A 3 metre wide easement for “Public Thoroughfare” purposes must be registered
against the title of the property in favour of Council. The easement must be located
adjacent to the northern boundary of the subject property. The easement must:
a. Be clearly shown on all plans submitted for Operational Works.
b. Be registered prior to the commencement of the use.
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c. The terms of the easement must allow for the use of the easement by the public
whether in vehicles, cycles or on foot.
34. Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property.
35. All easements must be designed in accordance with the planning scheme and granted
at no cost to the Grantee. Where the Grantee is Council or a service authority, the
easement documentation must be in accordance with the Grantee’s standard
easement terms. Draft easement documentation must be submitted to Council for
endorsement.
36. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
37. All earthworks, associated batters and retaining walls must be undertaken in
accordance with an Operational Works approval, and must in particular:
a. Be undertaken in compliance with the provisions of Australian Standard AS3798:
Guidelines on Earthworks for Commercial and Residential Developments.
b. Be carried out in accordance with a site-specific Geotechnical Investigation
Report prepared by a suitably qualified person* that addresses, in particular:
i. the impact of excavation and the construction works on the stability of
nearby building and infrastructures
ii. Acid Sulfate Soil assessment report in accordance with State Planning
Policy 2/02 Planning and Managing Development Involving Acid Sulfate
Soils and supported by appropriate testing and documentation.
c. Have all access chamber surface levels for drainage, water supply or sewerage
infrastructure within the work site be adjusted to provide a freeboard of 100mm
above the finished ground surface level or be in accordance with the
requirements and directions of the service provider.
d. All fill and associated batters must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to
Council.
(*) refer to Advisory Notes
Acid Sulfate Soils
38. Where excavations of non-imported soils below the elevation of 5m AHD are necessary
for construction, the application for Operational Works for Bulk Earthworks, Stormwater
and /or Landscaping must demonstrate and include certification from a suitably
experienced and qualified geotechnical engineer of methods necessary to ensure
construction and operation of the development:
a. Shall be consistent with Queensland Acid Sulphate Soil Technical Manual: Soil
Management Guidelines; and
b. will not result in the release of acid or associated metals; and
c. will not cause localised lowering of groundwater.
Erosion and Sediment Control
39. Prior to the completion of the development, all site surfaces must be effectively
stabilised. For the purpose of this condition, an effectively stabilised surface is defined
as one that does not, or is not likely to result in visible evidence of soil loss caused by
sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
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Water Quality and Quantity
40. Except as otherwise modified herein, the development must be designed, constructed
and maintained to achieve the stormwater quality and quantity outcomes detailed in
the Site Based Stormwater Management Plan for 30-32 Doonella Street, Tewantin Rev
C by Bornhorst and Ward dated May 2017.
41. The development must include measures to prevent oils, hydrocarbons or other
pollutants likely to be released in basement areas from being released into Council’s
Stormwater system or other receiving waters.
42. Water quality treatment devices must be shaped and designed to be low maintenance,
and integrate into the landscape. Where bioretention devices are proposed, the
Operational Works Application for Stormwater Drainage, Landscaping and Earthworks
must demonstrate how the design is consistent with the most current version of the
Water by Design Bioretention Technical Design Guidelines.
43. Water Quality Treatment devices must be operated and maintained in accordance with
manufacturer’s specifications and relevant maintenance manuals.
44. Prior to commencement of use the Community Management Statement must include
provision for the engagement of personnel to operate and maintain Water Quality
Treatment devices in accordance with manufacturer’s specifications, relevant
maintenance manuals and the Site Based Stormwater Management Plan for 30-32
Doonella Street, Tewantin Rev C by Bornhorst and Ward dated May 2017.
Water Reuse
45. Detail design plans submitted with the Operational Works Application must
demonstrate how waters will be reticulated from the rainwater storage tank to reuse
areas with a minimum water use of 342KL per annum.
46. A suitable backflow prevention device must be installed on water reuse facilities to
protect the potable water within the reticulated water supply in accordance with
AS/NZS 3500:2003 Plumbing and Drainage.
WASTE MANAGEMENT
Waste Storage
47. The development must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy 9, Waste Management, including an external imperviously
paved area correctly sized for all refuse and recycling containers and suitably screened
from public places and neighbouring properties.
The waste management facilities should ensure recyclables bins are appropriately
sited and accessible, and/or provided with their own waste shute, to ensure recyclable
waste is not placed in the general waste shute.
48. The site must be provided with a bin wash area with a cold-water tap, hose and drain
outlet connected to sewer, via a bucket trap. The drain outlet is to be designed to
prevent storm water entry to the sewerage system which can be achieved by a bunded
area, with a nib wall height of 100mm maximum, enclosing a wash area of 700mm x
700mm minimum (max 0.7m²). Alternatively, the waste area can be roofed, or any
other appropriate design approved by Council.
Building Demolition/Removal/Relocation
49. A Waste Management Plan (construction and demolition) must be submitted and
approved by Council’s Environmental Health Officer prior to issue of a development
permit for operational works for demolition, removal or relocation of any building other
than a shed.
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The purpose of the Waste Management Plan is to facilitate the segregation of waste
for the effective reuse and recycling of such materials. Segregated wastes attract
significantly reduced disposal fees at the landfill with some items free. Higher gate
fees are charged for mixed waste.
Waste Management Plans (construction and demolition) are required to be submitted
in accordance with Planning Scheme Policy 11, Waste Management Plans.
Waste storage areas must provide adequate separation of all reusable, recyclable and
waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The site area for the storage and separation of waste is to be shown on the plan
drawings accompanying the application.
A waste management table as indicated below is to be completed showing how
waste material is to be segregated - recycled – reused or disposed.
Table – Waste Management Table
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify
materials volume(m³) *specify *specify contractor
proposed contractor and
re-use or and landfill
on-site recycling site or
recycling outlet other
methods disposal
site
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Asbestos
Other - please
specify
Note * If a demolition contractor is undertaking works, then the Waste Management table is
to be completed by the demolition contractor.
ENVIRONMENTAL HEALTH
Noise
50. Written certification is required from a suitably qualified person confirming that sound
pressure levels from all mechanical plant and equipment comply with the following:
Air-conditioning and Refrigeration:
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable = background + 3dB(A)
Pumps:
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
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Assessment and certification is required immediately after installation of the equipment
and prior to any occupation of the building. All equipment should be operating at the
same time to test the overall noise level created, with the measurement location at
either the residential boundary or outside the most exposed part of an affected building
- whichever is the closest to the plant/equipment.
The certification must be submitted to Council, which certifies that operational noise
from any fixed plant and equipment complies with the requirements of this Decision
Notice.
B. Find the following are sufficient grounds to justify the decision despite conflict with the
Planning Scheme:
1. The multiple dwelling use is existing on the site.
2. The development will provide centrally located small dwelling units with access to
Tewantin’s facilities and services.
3. The development’s small dwelling units will increase residential housing options in the
locality and are likely to be relatively affordable.
4. There is no identified need for further community or infrastructure facilities within
Tewantin and the development will not unduly constrain land available for commercial
or community uses consistent with the site’s zoning provisions.
REPORT
1. PROPOSAL
The application seeks development approval for a Material Change of Use for a Multiple Dwelling
– Type 4 Conventional for 10 residential units and Commercial Business Type 1 - Office and Type
2- Medical. The applicant intends to demolish the existing buildings on site and redevelop the site
for a mixed use development that will comprise four separate buildings over a partially buried
carpark that extends across the entire site. The residential units are to be located in one building
located to the northern rear part of the site with three commercial buildings located to the Doonella
Street frontage.
The ground floor of the development extends over both lots and comprises a partially buried
carpark that includes parking for 54 vehicles, bike parking, plant and store rooms. Due to the slope
of the site, the carpark is at ground level at the Doonella Street frontage and significantly buried at
the northern rear boundary of the site.
The commercial component of the development is orientated across the Doonella Street frontage
and comprises three commercial buildings located over the carpark podium and are to be used for
either offices or medical uses. The buildings present as three separate entities and are connected
by stairways and elevated decks. The western and eastern buildings include a pitched roof form
whilst the central building has a skillion roof form to provide views for the units at the rear. External
building materials include FC weatherboard and Matrix Wall System (exterior cladding of a
geometric style), and colorbond roof along with balustrades and screening.
The residential component of the development is located to the rear of the site behind the proposed
commercial buildings and accessed via elevated and ground level pathways and a lift. The units
are two storeys in height with five units located on each floor level. The units comprise two
bedrooms, kitchen, dining and living areas with a combined bathroom and laundry. The units each
have an internal area of approximately 87m2 with two small decks totalling approximately 27m2
that also provide access to a small store and drying area.
The residential building includes a traditional pitched roof form of 7.5 degrees with external
materials comprising FC weatherboard and Colorbond roofing. The figures below illustrate the site
layout and building form. Full proposal plans are included at Attachment 1.
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Figure 1 – Ground floor plan
Figure 2 – North and West Elevations
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Figure 3 – Sections through site
As part of the development application, the applicant also proposes a 3.0 metre wide easement
across the rear of the site for services and access. Bins associated with both the commercial and
residential use are located in this easement with the applicant proposing that refuse trucks access
the bins through Sidoni Lane and Council’s Sidoni Street carpark.
2. SITE DETAILS
2.1. Background
The site contains an existing detached house and an existing unit building with 4 units on Lot 903,
which appears to have been constructed in the 1960s or 1970s and pre-dates planning approvals
for the area.
A development application for a Multiple Dwelling of 16 units under MCU15/0053 was lodged and
approved by Council in October 2015. The unit development was approved with Council noting
that the whilst the residential use was inconsistent with the community services zoning there was
not an identifiable need for additional community services in Tewantin, the small units had good
access to urban services and were consistent with the developed character. The approval is still
current until 2019. The following image details the elevations of this approval.
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Figure 4: Elevation plans of previous approval
The applicant has had a number of pre-lodgement meetings with Council officers which included
feedback in relation to the proposed design, building height, setbacks, size of dwelling units and
access. Accordingly, the applicant has responded to feedback provided by Council.
2.2. Site Description
The site comprises two rectangular allotments both fronting Doonella Street. Lot 32 is 516m2 in
area and contains an existing 2 storey weatherboard house. Lot 903 is 2,023m2 in area and
contains an older fibro unit building of 5 units in a poor state of repair. The units are within 2
buildings, one being single storey and the other 2 storey. Both lots have mature gardens but
predominantly comprise exotic species. A tall mature hoop pine is located on the northern
boundary of the larger lot. Both lots gain access via Doonella Street, with the 2 driveways rising up
a moderate slope. Overall, the site slopes at approximately 8% from the rear boundary down to
the south eastern corner at the Doonella Street frontage. The frontage contains 3 mature Poinciana
trees within the footpath reserve and a pedestrian crossing at its centre. Figures 4 to 6 below show
aerial images of the site, zonings and the site survey.
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Figure 5 – Aerial Photograph of Site
Figure 6 – Zoning map
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Figure 7 – Survey of Site
2.3. Surrounding Land Uses
The site is surrounded by the following land uses:
Adjoining the site to the east is the large Council owned ‘Doonella Street carpark’, which
provides rear access to the Tewantin Plaza and the carpark for the ‘Berry Place’ cafés and
takeaway shops fronting Memorial Avenue.
Adjoining the site to the north is the ‘Tewantin Newsagency’ building, located at 107
Poinciana Avenue. Currently, there is no through access from the Sidoni Lane carpark to the
Council owned carpark at Doonella Street due to the shape of this lot.
Adjoining the site to the west is the Salvation Army’s support accommodation building,
providing safe, affordable and supported accommodation to families who are homeless or at
imminent risk of being homeless. The site also adjoins the large Council owned ‘Sidoni Lane
carpark’, which provides rear access to many of the shops on the southern side of Poinciana
Avenue.
Across the Doonella Street to the west are a mix of older style unit developments and
detached houses fronting Lake Doonella.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
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any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policies
The State Planning Policy provisions with regard to water quality and acid sulphate soils apply to
the development and can be met by the development. Council’s Environment Officer has assessed
these aspects against both the State Planning Policy and the planning scheme provisions and
applied conditions in the recommendation to achieve compliance.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the urban footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions.
3.3. Statutory Instruments – Planning Scheme
The site is located in the Tewantin & Doonan Locality and is zoned Community Services. The
proposed Type 2 Medical use is identified as consistent code assessable use within the zone, the
Type 1 Office a consistent impact assessable use and the multiple dwelling use is identified as an
inconsistent impact assessable use which results in the entire application required to follow the
impact assessment application process.
Locality Provisions
The planning intent for land within the Community Services zone within the locality is identified in
Overall Outcome 12.7.2 ss), which states:
For the Community Services Zone—land committed or planned for community purposes—
i is protected and managed to enable the efficient and timely delivery of community services;
and
ii is consistent with the indoor recreation, education, social and safety needs of the local
community, including people with special needs, such as the elderly, children, low income
earners and disabled persons;
As previously indicated, the Office and Medical components of the application are consistent uses
in the Community Services zone whereas Multiple dwellings are considered inconsistent.
Outcome O82 of the locality code states:
Uses found within the Community Services Zone, fronting Pelican Street, Poinciana Avenue,
Memorial Avenue, Doonella Street and Sidoni Street—
a) support the functions of the Business Centre and include a range of important community
services which serve the Tewantin and Doonan locality as well as the wider region; and
b) are focused on emergency services, information centres; medical centres, social and
infrastructure uses, and in the case of the Tewantin-Noosa RSL Club, entertainment and
dining uses;
The applicant acknowledges the residential component is an inconsistent use but submits a
number of grounds in support of the proposal. These are discussed in Section 3.4 of this report.
The Overall outcomes for the locality seek new uses that are compatible with the character and
amenity of existing uses in the area. They also seek new multiple housing developments that focus
on areas close to the Tewantin Business Centre, community facilities, parks and public transport
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services. The proposed unit development expands on the existing multiple dwelling use on the site
providing additional residential accommodation for the area, whilst the commercial component
provides additional commercial floor space that will complement the Tewantin Business Centre.
The table below provides assessment against the built form limits applied to the site under the
Community Services Zone but also provides some comparison with the Attached Housing Zone
given the requirements of the Locality Code for site cover and gross floor area to be compatible
with surrounding development.
Criteria Planning Scheme Proposal Complies
Site Area 2539m2
Population density 40 persons (160 persons/ha for 24 persons
other forms of Retirement and Special
Needs)
25.39 persons- (100persons /ha
for Attached Housing Zone)
Gross Floor Area 1,600m² max (Community Services 1579m2 (816m2 of
Zone) residential and 762m2 of
1,016m² max (Attached Housing commercial)
x
Zone
Site Cover Nil – Community Services zone 1585m2
40% - 1015.6m2 (Attached 62.4% x
Housing Zone)
Landscaped open 15% (380m2) (Community 720m2
space Services Zone)
60%
60% (432m2) soft
Soft landscaping
landscaping
Landscape setbacks 2m average to frontage 6m
2m to undercover parking 6m
Roof form 5 degree minimum pitch 2 to 10 degrees x
600 mm eaves provided for 0.45 to 600 mm x
75% perimeter of building eaves
Boundary setbacks 6.0m 4.5m covered stair.
Frontage 6.0m Main x
buildings
2.0 m
Side - east 2.6m residential
stair 3.4m main
2.0 m building
Side - west 2.3m
2.0m Lift
2.2m
2.0m
Rear 5.5m
Building Height 2 storeys max 2 storey
• in storeys 8 metres max 8.0 m to natural
• in metres ground (exceeds x
with regard to
finished levels)
Carparking - 1 covered space/unit = 10 52 covered
1 space /3units = 3.3 spaces, 8
1 designated visitor space/4 motorbike spaces
units = 2.5 and 18 bicycle
37 spaces for 728m2 of spaces
commercial
Total – 53 spaces
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The development involves a number of built form aspects which are discussed below.
Gross Floor Area and Site cover
The Community Services zone includes a maximum gross floor of 1600m2 for the site which is
based on population density that is greater than the Attached Housing Zone which details a
maximum of 1016m2. The proposal details a gross floor area of 1579m2 comprising 816m2 of
residential and 762m2 of commercial.
The combined residential and commercial development exceeds gross floor area calculations that
would be attributable to the comparable Attached Housing zone, however it is noted that the
residential component is well below that of Attached Housing zone.
The applicant indicates that the proposal is consistent with the gross floor area applicable to the
Community Services zone. This gross floor area is based on the maximum allowable population
attributable to development under this zone. It is noted that Council previously accepted a similar
amount of gross floor area for the previously approved residential development.
The Community Services zone does not include specific site cover area requirements for
development, however does include outcomes detailing that buildings are to result in a building
scale that is compatible and not present an appearance of bulk to surrounding properties. The
proposed development’s site cover is substantial compared to the maximum permitted for the
Attached Housing Zone opposite, though this calculation includes suspended walkways/decks
between the commercial building and suspended recreation space.
This mixed development will primarily present to the dwellings on the southern side of Doonella
Street. It is noted that there is a mix of land uses and development on the properties surrounding
the subject site including a car park, residential dwellings, service station and a medical centre.
The subject site currently contains dwellings with an overall site coverage of approximately 25%.
It is acknowledged that the proposed development will result in a considerable change to the
streetscape and surrounding properties. Whilst the proposal provides for a significant change to
the streetscape it is noted that the development presents as three separate buildings from the
street and conditions will require the materials and form of these building satisfactorily integrate
with the surrounding area.
The inclusion of the suspended walkways/decks between the commercial building and suspended
recreation space in the calculation of the site cover clearly increase the site however these
elements do not significantly contribute to visual bulk of the development. These areas relate to
the areas of separation between the buildings and provide functional elements for future occupants
of the development.
It is also noted that a significant aspect of the development is situated to the rear of the three
commercial buildings which front Doonella Street. The commercial buildings will partially screen
the building to the rear of the site such that when viewed from Doonella Street the overall site cover
will be partially evident and not unreasonable.
Roof Pitch and Building Form
The locality code identifies a minimum 5 degree roof pitch as a probable solution to achieve simple
roof forms avoiding box profiles, flat roof with parapets, and the like. The residential units to the
rear of the site comply with roof pitch however have minimal side eaves to the east and west
resulting in minimal weather and sun protection. Noting the commercial nature of the surrounding
area and the extensive north and south facing decks the overall roof form for this building is
considered appropriate.
The western commercial building to the front of the site has a pitched roof form of 12.5 degrees
however the central and eastern buildings have a skillion roof form with a 2 degree roof pitch which
does not comply with the outcomes for the locality.
It is considered that there are opportunities to improve the built form presentation to Doonella Street
due to the geometric and repetitive forms presented to the street. The three individual building
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forms are a positive feature however the geometric window and cladding treatment of the eastern
building, the extensive vertical treatment of the middle building and the row of windows of the third
building are not considered to fully reflect or complement the Tewantin domestic vernacular.
Conditions addressing the street front presentation are recommended to be included as part of any
approval.
Building Height
The planning report submitted with the application indicates that whilst the building is below the
maximum 8.0 metre height limit, sections of the building measure greater than 8 metre above the
finished ground level and therefore do not fully comply with the scheme requirements. The
applicant submits:
the proposed residential building is two storeys in height and is less than 8m above natural
ground level. As a result, the proposed development retains a low rise appearance;
those sections of the residential building that exceed the preferred 8m maximum height limit
above finished ground level do so because of the basement level below which is cut into the
slope at the rear of the site;
the residential building is screened from Doonella Street by the commercial buildings at the
front of the site;
the site directly adjoins the Business Centre where a 10m height limit is permitted; and
as the residential building sits on the northern part of the site and is set back more than 5m
from the rear boundary, it will not have adverse impact on the amenity of the only adjoining
building located in the Business Centre to the north of the site.
The applicant’s submission is considered relevant however additional detail as to the actual
finished levels and treatment to boundaries is required to ensure the basement and carparking
areas are appropriately screened and landscaped to adjoining properties. A condition is
recommended to be included in this regard.
Public Thoroughfare
A key outcome of the Tewantin Locality code seeks that connectivity between buildings and public
spaces is retained and enhanced. In this regard, Council’s Operational Works Engineer
recommends a 3m wide public thoroughfare easement be created at the rear of the site for a new
public right of way between the Sidoni Lane and Doonella Street carparks. The dedication as an
access easement is favoured rather than ‘road reserve’, as the access will only be for pedestrian
thoroughfare at this stage. The easement is to commence to the east of the bin storage area and
extend for the remaining length of the rear boundary of the site.
It is considered the area at the rear of the ‘Tewantin Newsagency’ site and the adjoining units (107
& 109 Poinciana Avenue) is a more appropriate alignment for the extension of the road as it is
unencumbered by existing infrastructure (electricity transmission box) and should be undertaken
when the opportunity arises.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Residential Uses Code
Business Uses Code
Engineering Works Code
Landscaping Code
Waste Management Code
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The application has been assessed against each of the above applicable codes. The pertinent
issues arising out of the assessment against the codes are discussed below:
Code Discussion
Residential O9 Separation of incompatible uses – The scheme details that development is to
Uses minimise noise between noise sensitive spaces and noise generating areas such as
carparking or plant areas. The development site is surrounded by commercial
buildings, public parking and laneways that will generate noise in terms of early
morning service vehicles and traffic. It is considered relevant to include requirements
relating to noise attenuation measures for the units.
Residential O45 Mixed Use developments – clearly marked carparking for residents to be
Uses provided and security measures installed to ensure non residential users do not have
access to residential exclusive use areas. Proposal appears to meet requirements
and conditions able to be imposed to ensure fencing occurs on site.
Landscaping Existing mature vegetation at front of site and around boundaries to be identified and
retained where possible. Conditions able to be imposed.
Waste Proposal provides an area of 10m2 for waste facilities for 10 units and 762m2 of office
Management space. Queries are raised as to whether this area is sufficient to cater for recycling
and general waste bins. A condition requiring further assessment of anticipated waste
is recommended.
Applicant also seeking approval to access bin area through Sidoni Street carparking
and Lane. This has been reviewed and supported by Council’s Waste Management
department.
Overlay Provisions
The Natural Hazard – Bushfire and Acid Sulphate Soils overlay code is applicable to this
application in relation to Acid Sulphate Soils. Conditions may be imposed as part of any approval
to ensure that acid sulphate soils are appropriately managed.
3.4. Statutory Instruments – Planning Scheme
The applicant identifies the following grounds it considers sufficient to overcome the application’s
conflicts with the planning provisions applying to the site’s Community Services zoning and
residential unit component, in accordance with the requirements of the Sustainable Planning Act
2009:
1. The application site is already used for residential purposes and could be redeveloped in
accordance with the current for material change of use approval for 16 multiple dwelling units;
2. Residential use is compatible with other established uses within the area and can continue
to operate on the site without adverse impacts on the amenity of the adjoining uses or the character
of the surrounding area;
3. The proposed development will address a need for smaller, more affordable, residential
dwellings within Tewantin;
4. The proposed development will add to the supply, variety and mix of dwellings within Tewantin;
5. The proposed development is consistent with the height, scale and density expected within the
local area;
6. The site is located next to the Tewantin Business Centre and has excellent accessibility to the
services and facilities within the Centre;
7. The proposed residential development will help to support the vitality and viability of the Business
Centre;
8. The Council has no additional community facilities identified or planned for Tewantin Town
Centre and the site is no longer required to provide these types of facilities;
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9. There is no identified need, or demand for, the site to be used for service, utility or transport
uses;
10. The proposal also provides for commercial business uses, that will support and complement
the role of the adjoining Business Centre Zone.
11. The height of the proposed development is consistent with the scale of development
surrounding the site and will not visually dominant Doonella Street or have an adverse impact on
the amenity of the adjoining properties
The grounds detailed by the applicant regarding the residential units are generally agreed with. As
part of the assessment of the previous application for 16 units, Councils Strategic Planning Unit
indicated that no additional community facilities had been identified or planned for the Tewantin
business centre, with the intent to continue to upgrade and strengthen the existing Tewantin
Community Centre at Ernest/Earl Streets (which includes United Synergies and Tait House).
Given the site’s private ownership, the most likely community use of the site would be for childcare,
however given that there are a number of existing nearly centres the loss of this land for such a
community purpose would not be significant.
The mix of commercial and residential uses on site are considered appropriate and will provide an
alternative housing form for the Tewantin area that is centrally located with high level of access to
the urban services of Tewantin. The following grounds are considered to summarise the reasons
to support the application and are included in the recommendation section of the report:
The multiple dwelling use is existing on the site.
The development will provide centrally located dwelling units with excellent access to
Tewantin’s facilities and services.
The development’s dwelling units will increase residential housing options in the locality,
providing for small modest sized dwelling units.
There is no identified need for further community or infrastructure facilities within Tewantin
and the development will not unduly constrain land available for available for commercial
uses consistent with the site’s zoning provisions.
The development is generally consistent with the developed character of the area and will
not negatively impact on visual or residential amenity.
4. CONSULTATION
IDAS Referral Agencies
The application was not required to be referred to any IDAS Referral Agencies.
Concurrence
Not applicable
Advice
Not applicable
4.1. Other Referrals
The application was referred to Councils Development Engineer, Environment Officer and Waste
Management department. Of particular note are the comments from Council’s Development
Engineer with regards to the impact of the development on traffic:
The traffic generation from the 16 units developed site is relatively low in comparison with the
current high traffic volume in Doonella Street. However, there is a potential of momentarily
obstruction to traffic flows caused by vehicles waiting in the west bound lane to turn right into the
property. The following options have been assessed and discussed with Council’s Infrastructures
Services to address this adverse impact:
Requiring the applicant to carryout road widening works by removing two mature Poinciana
trees on the south side of the road to provide overtaking lane for the west bond traffic when
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a stationary vehicles waiting to turn right into the property. The impact of removing these
two trees on the amenity of the street and the adjoining properties is very significant with
minor benefit for traffic… Also, Infrastructure Services confirmed that Council has no future
plans to carry out road widening in Doonella Street and remove these trees.
As such this option is unacceptable and not recommended.
Modifying the road’s lanes separation line opposite the proposed access to the development
by providing a double barrier line in lieu of the existing single line to prohibit turning right into
the property. This will impact on and restrict traffic movements to an existing driveway to the
units’ site on No 47 Doonella Street. Also, it will result in unnecessarily lengthening the trip
for vehicles seeking entry to the proposed development site.
This option is not recommended as it has a minimal benefit, it will adversely impact on an
existing driveway and has the potential to cause adverse impact on the traffic flows in another
location in the area.
Restricting right turn movements into and out of the site by installing sign within the site to
advise drivers of left turn only exit traffic, and providing a mountable tapers at the kerb line
to encourage left-in/ left-out vehicles movements for the proposed access driveways (refer
to Parking & Traffic Impact Assessment Report – Addendum 1, Reference 210442017TIA-
Add, dated 21 April 2017 by Greys Australia Pty Ltd).
This option is less restrictive than the earlier mentioned options, does not make changes to
the existing traffic environment and movements and it is considered adequate to minimising
and mitigating the potential of adverse impact of the development on the traffic in Doonella
Street.
All the above three traffic mitigation options were discussed with Infrastructures Services and it is
considered that the third option is the preferable and recommended approach to minimise the
potential impact, if any, on the traffic by the development. Also, this is generally consistent with
the assessment and recommendation of applicant’s traffic engineer.
4.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. One properly made submission was received. The following table provides a
summary and assessment of the issues raised by submitters.
Issues Comments
Concerns are raised that the access from The applicant has submitted a Parking & Traffic
Doonella Street will add to current traffic Assessment Report that indicates the access and
problems. parking arrangement comply with Australian standards
and that sufficient queuing area will be able to
provided at the front of the site. The report states that
the proposal will not have any unacceptable impacts
on the road networks capacity.
The residential density of the development is The population density of the development is
raised as an issue. consistent with scheme provisions.
The submitter states that the commercial The development proposes the provision of an access
component needs to be part of an overall easement across the northern boundary of the site
plan to allow business in Poinciana Avenue to which reflects the planned extension of Sidoni Lane
open their shops to the north of Doonella for access purposes. Sidoni Lane is currently used for
Street. carparking, access and service purposes with the
Planning scheme indicating that Poinciana is to be the
main commercial street in the area.
5. CONCLUSION
The Noosa Plan includes the site in the Community Services zone which seeks to cater for
community purposes as well as providing business uses normally associated with the adjacent
Tewantin Business Centre zone. The application does not propose a community or infrastructure
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use consistent with the Community Services zone but does include a substantial commercial
component on site which is consistent with the provisions of the zone.
It is generally agreed there is not an identified or likely significant need for community uses on the
site and the mixed commercial and residential uses are considered appropriate in context with the
surrounding business centre. The proposed development has desirable planning elements
introducing small dwelling units into the area with excellent access to Tewantin’s facilities and
services. A new 3 metre wide public thoroughfare will also be created along the rear boundary,
which will create a new access route between Council’s adjacent carparks and laneway.
The development’s design is generally consistent with the intent for the area and areas requiring
further detail such as façade and basement treatment can be appropriately conditioned. The
proposal does not raise any significant planning concerns and grounds to support the development,
despite the planning conflicts are considered to comprise:
The multiple dwelling use is existing on the site.
The development will provide centrally located small dwelling units with access to Tewantin’s
facilities and services.
The development’s small dwelling units will increase residential housing options in the locality
and are likely to be relatively affordable.
There is no identified need for further community or infrastructure facilities within Tewantin
and the development will not unduly constrain land available for commercial or community
uses consistent with the site’s zoning provisions.
The application is therefore recommended for approval, subject to conditions.
Departments/Sections Consulted:
Chief Executive Officer x Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
x Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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ATTACHMENT 1: PROPOSAL PLANS
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
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5 152006.1999.2 EXTENSION TO CURRENCY PERIOD FOR DEVELOPMENT PERMIT TO
RECONFIGURE A LOT (52 LOTS & PARK) AT 191 HOLLETT ROAD, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment & Sustainable Development Department
Index ECM/Application/ 152006.1999.2
Attachments 1. Approved Pan
2. Planning Regulation 2017 Part 16 Division 1
APPLICATION DETAILS
Applicant JS Hoffman
Proposal Extension to Currency Period
Properly Made Date 7 July 2017
PROPERTY DETAILS
Property Address 191 Hollett Road, Noosaville
RP Description Lot 53 SP 165371
Land Area 77 hectares
Existing Use of Land Rural land containing one dwelling
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Locality Tewantin and Doonan
Zone Rural
Overlays Biodiversity Overlay: Riparian Buffer and Environment Protection
Area
Natural Hazard Overlay: Flood Hazard Overlay, Bushfire and Acid
Sulphate Soils
Assessment Type Change to Approval
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 8 August 2017 and refuse Application No. 152006.1991.02 for an Extension to the
Currency Period for Development Permit to Reconfigure a Lot (52 lots and park), situated at 191
Hollett Road Noosaville for the following reasons:
1. The approval is not consistent with the South East Queensland Regional Plan as the
development would result in the creation of an urban settlement within an area where the
intent is to protect the landscape and the capacity for rural production and the development
would be prohibited under the Planning Regulations 2017.
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2. The approval is not consistent with the Noosa Plan 2006 as the proposed urban development
is not located within an established village and would result in fragmentation of land holdings
outside of areas already allocated for such purpose by the Noosa Plan. The development is
also partly located within the Riparian Buffer area identified for protection by the Biodiversity
Overlay.
3. The approval is contrary to the South East Queensland Koala Conservation State Planning
Regulatory Planning Provisions as the development will result in the removal of non-juvenile
koala habitat trees.
4. Different bushfire hazard mapping to that used for the initial approval applies as the State
Planning Provisions came into effect after the original approval and results in a higher hazard
rating. The higher hazard rating may require changes to setback/buffer areas and an
amended subdivision layout. An updated bushfire management plan has not been submitted
to enable an assessment of the current bushfire hazard.
5. Significant time has lapsed since the ecological assessment reports were originally submitted
and the information in these reports is now outdated. Updated ecological reports have not
been submitted.
6. The community is unlikely to be aware of the proposal given the significant time that has
lapsed, the Noosa Plan’s current zoning and no works have commenced on site.
REPORT
1. PROPOSAL
The application seeks to extend the relevant period of a Development Permit to reconfigure a lot
for 52 rural residential type lots and park by 2 years so that the development will not lapse until 5
July 2019. The extension will align with sunset clause within condition 5, which specifies 6 years
for the completion of the development.
The report submitted with the application considers that the request for the extension to the
currency period can be supported having regard to the following matters:
The age of the approval which is relatively new (4 years old);
The request for extension under the Planning Act 2016 for the 2 years is the first extension
for the currency period to be extended;
The applicant incurred considerable expense to obtain the development approval, with that
process taking about 7 years. The approval went through a rigorous assessment process.
Condition 16 of the approval required the execution of an infrastructure agreement (IA) to set
out the obligations to obtain approval for road opening/closure of Old Hollett Road. Under
the terms of the IA, Council are required to complete particular actions to allow the
opening/closing of road. In this regard Council have advised that the road opening/closure
application was lodged with the DNRM in early 2014 and that “this is being progressed by
Council’s property section but is still with the State for a decision”.
In the circumstances, we consider it would be unreasonable for Council to refuse the 2 year
extension, given that the approval is reliant on completion of a road opening / closure process
that is being undertaken by a third party.
The request for a two year extension aligns with the sunset clause outlined in condition 5 of
the approval;
The conditions placed on the existing Planning and Environment Court approval comply with
contemporary planning standards and future operational works applications can be assessed
against current laws and policies;
Council accepted and approved the application for the approval on the basis of the exemption
provisions of the then SEQ Regional Plan. The existence of the approval means no further
assessment against the SEQ Regional Plan is necessary;
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Our client, John Hofmann, has been suffering from serious health concerns for some time
and has been incapacitated from progressing the development. Despite not being a planning
ground per se, it is considered that the s87 Planning Act provides Council a largely unfettered
discretion to consider any matter the assessment manager thinks relevant;
Our client’s commitment to extending the life of this approval has been demonstrated via the
recent lodgement of the Survey Plan for the first stage of the development;
The approved development layout is generally in keeping with the current State Development
Assessment Provisions (SDAPs) in relation to vegetation requirements, setbacks to
environmental constraints including buffers for bushfire management. These constraints are
directly comparable under Council’s current overlay mapping constraints;
The approval conditions of the Court order include specific requirements in respect to these
constraints which relate to concurrence agency matters of State Environmental Significance.
The DILGP has indicated, in relation to our client’s extension request lodged under SPA, that
it does not object to an extension to the currency period of the approval;
The approved development:
o Is predominantly located in disturbed areas of the site;
o Incorporates setbacks for bushfire management;
o Layout and design of allotments has been generally designed around already cleared
vegetation areas and environmental constraints;
o The conditions placed on the development appropriately address all relevant
environmental concerns;
o Existing development rights are considered to exist under the original rezoning
development permit;
o Results in dedication of significant open space which will result in considerable
community benefits through the long-term conservation and low impact recreational
use of areas with ecological values;
o The site adjoins the urban fringe of Noosaville, is the next in sequence and is
surrounded by urban and rural residential development to the north and west of the
site which is compatible and similar in nature.
The current approval conditions are consistent with current laws and policies in the following
respects: -
o The engineering conditions which have been placed on the existing development
approval are considered to be consistent with current engineering design requirements
and standards. Reference is made to Civil Engineering conditions 18 to 37 and
conditions 68 to 78. It is noted that the subsequent operational works application will
be assessed in accordance with local laws and policies applicable at the time of
lodgement.
o The development is required to be undertaken in accordance with the Court’s approval
conditions including those of the referral agencies Department of Natural Resources
and Mines (DNRM), Environmental Protection Agency (EPA). The approved
development setbacks and environmental conditions are considered generally
consistent with current laws and policies in regard to site constraints including
vegetation and bushfire hazard.
o We note that this approval was issued under the Sustainable Planning Act 2009, with
an Adopted Infrastructure Charges Notice issued by the then (pre-de-amalgamation)
Sunshine Coast Council. Infrastructure contributions applicable to this development
approval can be updated to reflect Noosa Council’s current adopted infrastructure
charges resolution, as required.
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Significant public interest grounds exist to support preserving the approval including:
o Significant community benefit by way of parkland dedication and construction of
pedestrian pathway network;
o Protection of vegetation areas in perpetuity through parkland dedication and vegetation
covenants;
o Community need for additional range of housing choices and options. It is considered
that there is a need and market for rural residential development within the Noosaville
locality having regard to limited areas available for development due to environmental
constraints.
Despite some inconsistency with current laws and policies, it is considered that the matters
discussed above, when considered in context, justify approval of the extension. In addition,
the dedication of over 52.7ha of the site for open space purposes as required by the approval
provides significant public interest benefits over and above the benefits that would be
achieved through the site’s rural zoning. The proposed dedication will facilitate conservation
and also provide for passive and active recreation opportunities which would not be possible
without the approval.
2. SITE DETAILS
2.1. Background
A rezoning application was approved over the site on 1 August 1997, approving a change of the
site’s zoning to Special Residential and permitting the development of a maximum of 80 rural
residential lots and 2 rural lots.
This rezoning was gazetted in 1 May 1998 and has an associated Plan of Development (PoD)
referred to in the superseded planning scheme maps. The PoD established the footprint for future
development and open space areas. It also established the development parameters for the site,
including lot density and lot size.
The rezoning and PoD have now been superseded with the adoption of The Noosa Plan in 2006
and the rezoning approval is no longer current.
Under the rezoning approval, the applicant was required to dedicate a large portion of land for the
Walter Hay Drive road reserve. The POD required a further application to be made to Council for
the subdivision of the land.
An application for subdivision (reconfiguring a lot) was subsequently made on 12 September 2006
for 82 lots plus 1 park lot. The applicant at the time requested that the application be considered
under the superseded planning scheme as provided for under the Integrated Planning Act 1997.
At Council’s Ordinary Meeting on 19 October 2006, Council confirmed that the subsequent
development application for reconfiguration could be assessed against the Superseded Planning
Scheme. In arriving at this decision, Council considered that assessment of the application under
the new (2006 Noosa Plan) may have resulted in a compensation claim arising from the potential
loss of value in the land as a result of the change of zoning from Special Residential to Rural under
the 2006 Noosa Plan.
The application was refused as Council was instructed by the Department of Environment &
Resource Management (as Concurrence Agency) to refuse it. Accordingly, a Decision Notice of
Refusal was issued on 16 November 2009. The decision was appealed through the Planning and
Environment Court.
The proposed Rural Residential development was amended by the appellant during the appeal
process, with the number of residential lots reduced to 49 rural residential and 3 rural allotments.
The final approval granted by way of the Planning and Environment Court Order (Appeal No. 344
of 2009) dated 5 July, 2013 reduced the overall yield to 52 Lots and Park. This approval requires
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dedication of 52.757 hectares of parkland. A copy of the approved plan is contained within
Attachment 1.
In 2012 the site was part of an application which also included land situated at 99 Hollett Road,
106 and 108-142 Tidswell Road, Weyba Downs.
The application sought preliminary approval under section 242 of the Sustainable Planning Act to
vary the effect of The Noosa Plan and Maroochy Plan 2000 Planning Schemes for a mixed-use
community title development. The development was to be known as Noosa on Weyba comprising
a mix of residential, retail, community and open space uses to be established under a multi-level
community title scheme structure.
The applicant proposed a Noosa on Weyba Locality Plan to generally override the local planning
schemes provisions for the development site. The Plan identified four primary urban precincts with
varying density and character. The precincts were further broken down into zones, being Detached
Housing, Attached Housing, Rural Settlement and Neighbourhood Centre zones. An Open Space
Conservation Zone surrounded the urban precincts.
Proposed uses within the precincts included detached houses, small lot houses, duplexes, multiple
dwellings (units, townhouses and attached dwellings), retirement dwellings and aged care facilities.
Minimum lot sizes ranged from 350m2 to 800m2 and minimum residential densities ranged
between 15 – 32 dwellings per hectare. Proposed building heights were 2 to 3 storeys and the
Noosa on Weyba Locality Plan also proposed differing built form provisions (such as site cover
and boundary setbacks) to those sought in comparable urban areas under the Maroochy and
Noosa planning schemes.
The application was refused on 4 April 2014 to which an appeal was lodged on 7 May 2014, but
was subsequently withdrawn.
As part of the original approval for this site it was identified that a part of Hollett Road is not within
the road reserve but rather it is located on freehold land owned by Council. Accordingly, Council is
required pursuant to an Infrastructure Agreement entered into at the time of settlement of the
appeal to commence road closure and road opening applications.
This process is currently being undertaken by the Council’s property department, on the property
owner’s behalf, who have made the application to the State.
On 28 April 2017 an application to extend the currency period was received under the Sustainable
Planning Act 2009. This application was determined at Council’s Ordinary Meeting on 20 July 2017
where it was determined to refuse the application.
On 29 June 2017 the applicant lodged survey plans for sealing for the first stage of the
development. An Operational Works application has not been made and accordingly no works
required prior to plan sealing have been commenced.
3. SITE DETAILS
3.1. Site Description
The subject site has an area of 110 hectares and is located south of the Noosa Shire Business
Centre. The site is bordered to the northeast by Eenie Creek, to the east by undeveloped land
fronting Lake Weyba, to the south by Hollett Road and the west by rural residential land. The
north-west corner of the site adjoins land developed for detached housing. The site is dissected
by Walter Hay Drive, but no access is permitted from this road, with the site having vehicular access
via Hollett Road. An Energex transmission line and an associated easement traverse the northern
portion of the site.
Topographically the site is largely flat with gently undulating slopes with a mosaic of soil types.
The site currently supports large areas of grasslands that have been actively used for cattle
grazing. The site also supports areas of paperbark forest and eucalypt woodlands and there are
a number of small dams scattered through the central portion of the site.
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The site forms part of an area of land that provides a corridor for native wildlife to move between
areas of protected habitat in the locality, including Noosa National Park, Lake Weyba and Tewantin
State Forest. Notably the Regional Ecosystem Map for the site locality identifies the presence of
areas identified as being Essential Habitat for species listed as Endangered, Vulnerable or Rare
pursuant to the Nature Conservation Act. These are wetland habitats which are associated with
Eenie Creek and its tributaries for the Wallum froglet and Wallum rocketfrog. A number of other
significant fauna species also have a high probability of utilising the habitat within the site, including
koalas.
Subject site
Figure 1: Locality Plan
3.2. Surrounding Land Uses
The land abuts a mix of residential, rural, open space conservation and community services land
uses. A number of parcels of Bushland Reserve associated with the Noosa Business Centre and
the residential estate accessed via Lake Entrance Boulevard are adjacent the northern boundary.
A number of detached housing lots along Lake Entrance Boulevard also abut the northern
boundaries of the site, though there is no direct road link from that estate to the subject site.
Directly to the west of the site are rural residential lots accessed via Hollett Road and the Noosa
Par 3 Golf Course. A large (321.9ha) Council-owned allotment sits to the south-east of the site.
The Noosa refuse station is located in its south-eastern corner but majority of the lot is undeveloped
and a portion is dedicated as nature refuge (known as Weyba Nature Refuge).
Densely vegetated rural zoned land holdings are located to the east of the site. Weyba Downs
residential estate is to the south-west of the site and comprises a mix rural-residential and rural
lots.
4. ASSESSMENT
Pursuant to section 87 of the Planning Act 2016 (PA):
(1) When assessing an extension application, the assessment manager may consider any
matter that the assessment manager considers relevant, even if the matter was not relevant
to assessing the development application.
The matters which are considered to be relevant to the assessment of the application are
discussed in detail below:
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South East Queensland Regional Plan
In accordance with the South East Queensland Regional Plan (SEQRP) the subject site is
identified as a Regional Landscape and Rural Production Area (RLRPA).
A strategic direction of the SEQRP is to protect the regional landscape recognising that South East
Queensland’s rural and natural landscape areas support environmental, rural production,
recreational, cultural and scenic functions. They underpin the region’s liveability and viability, and
will be protected from urban development and rural residential subdivision.
The SEQRP identifies the intent of the RLPRA to identify land with regional landscape, rural
production or other non-rural values. It seeks to protect this land from inappropriate development
particularly urban or rural residential development recognising that these areas of land include
significant biodiversity values, important regional ecosystems, good quality agricultural land and
cultural and landscape values and land that forms important inter urban breaks.
Regulatory provisions of the SEQRP apply to the RLPRA. The restrictions restrict:
further fragmentation of land holdings;
urban development, except within established villages;
the expansion of rural residential development outside areas already allocated in local
government planning schemes.
The Planning Regulation 2017 identifies that subdividing a lot completely or partly in the SEQ
regional landscape or rural production area is prohibited development (a copy of the relevant
provision is contained at Attachment 2). Prohibited development is development for which an
application may not be made.
Accordingly, it is considered that the proposed extension of time does not accord with the current
policies and regulatory requirements of the SEQRP. Notably the exemptions from the SEQRP that
the current approval relied upon would not apply today. The development would result in the
creation of an urban settlement within an area where the intent is to protect the landscape and
capacity for rural production. The proposed urban development is not located within an established
village and would result in fragmentation of land holdings outside of areas already allocated for
such purpose by the Noosa Plan.
ShapingSEQ is a new draft regional plan for South East Queensland and was released by the
Queensland State Government in October 2016. The new regional plan is expected to be finalised
soon. It will replace the current South East Queensland Regional Plan 2009-2031. Regional Plans
have an outlook of 25 years from when the draft is prepared and therefore ShapingSEQ is based
on projections to 2041.
The plan continues with regulatory approaches towards prohibiting urban development outside the
Urban Footprint and restricting subdivision in the rural areas to a minimum lot size of 100 hectares.
Council made a submission to the State Government in response to the draft regional plan. As part
of this submission Council addressed the capacity of land within the Urban Footprint to
accommodate projected population growth. Noosa Council’s draft submission to ShapingSEQ
notes.
Council has concluded not to support any changes to the Urban Footprint under the new
ShapingSEQ for reason that there is no need demonstrated currently for additional urban land to
be allocated to Cooroy, or any other part of Noosa Shire. Council has previously outlined in this
submission that it considers sufficient capacity exists in the current Noosa Plan to accommodate
the projected demand for dwellings until 2041.
The Noosa Plan (2016)
Under the Noosa Plan the land is zoned Rural and a new application for lot reconfiguration would
be a Code Assessable application. A code assessable application would include assessment
against the Tewantin and Doonan Locality Code and the Reconfiguring a Lot Code.
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The Noosa Plan envisages that Rural zoned land will be predominantly used for open space and
farming activities. The intent is for this land to be appropriately managed and protected such that
the scenic and environmental values, the distinct rural amenity and agricultural productivity are
preserved. Rural residential type lots are intended to only occur on land zoned for rural settlement
with residential use contained within the defined urban growth boundaries.
Accordingly, it is considered that existing approval is inconsistent with the Noosa Plan (2016). The
inconsistency relates to the Desired Environmental Outcomes, the Tewantin and Doonan Locality
Code and the Reconfiguring a Lot Code.
Specifically, the proposal would be in conflict with the following Desired Environmental Outcomes:
a) AGRICULTURE USES
Agricultural industry is maintained by—
i. conserving land for economically viable and environmentally sustainable agricultural
purposes;
ii. preventing the fragmentation of agricultural land;
v. protecting agricultural pursuits from incompatible uses, particularly those more suitably
located within the urban growth boundary;
The proposed development of 52 rural residential lots does not meet this Desired Environmental
Outcome as it will result in the fragmentation of agricultural land and does not conserve land for
agricultural purposes. It is acknowledged that the land has not been identified as good agricultural
land however it is also noted that historically the land has been used for grazing purposes. The
proposal would also result in a land use within the Rural Zone that is more suitably located within
the urban growth boundary.
i) RESIDENTIAL USES
Urban and rural settlement for residential use is contained within the defined urban growth
boundaries shown on zoning maps ZM1- ZM9. It is developed to be consistent with—
i. the expected character and amenity for the particular locality; …….
It is considered that the proposal is not compatible with this Desired Environmental Outcome as it
allows for residential use of land outside of the urban growth boundary. This type of land use is not
consistent with the expected character and amenity of the locality where agricultural and
conservation type land uses are expected.
The proposal would be in conflict with the following Overall Outcomes of the Tewantin and Doonan
Locality Code:
12.7.2
c) Urban development is limited to land within the Urban Footprint as shown on Map ZM8;
j) Rural settlement, at varying densities consistent with the environmental constraints of the
area, offer high levels of amenity and moderate to high levels of convenience, accessibility
and servicing;
bb) For the Rural Zone—rural land is protected and appropriately managed such that:-
i. the scenic and environmental values, the distinct rural amenity and agricultural
productivity of the locality are preserved and are not adversely impacted as a
consequence of development on or adjacent to that land; and
These Overall Outcomes are not satisfied as the proposal accommodates urban development
outside of the Urban Footprint. The approved lot densities are not consistent with the environmental
constraints of the site which contains juvenile koala habitat trees and land identified as Riparian
Buffer. Furthermore, the proposal does not protect the scenic and environmental values, the rural
amenity and the agricultural productivity of the land. The location of the proposed development
with respect to convenience, accessibility and servicing is consistent with other rural residential
subdivisions.
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It is also considered that the proposal is not consistent with Specific Outcome 16 of the Tewantin
and Doonan Locality Code which requires that:
There are no significant adverse effects on biodiversity, native vegetation, native fauna habitat,
landscaped quality, water quality or cultural heritage values, including those related to—
a) changes to natural drainage;
b) management of fire risk;
c) erosion and the transport of sediments off site;
d) unmanaged public access;
e) effluent disposal;
f) changes to fauna habitat and behaviour; and
g) disturbance of buildings and features, including natural features of cultural heritage
significance
The development, if approved in its current form, will give rise to clearing of protected vegetation
for development in a rural zone.
The planning report submitted with the application identifies that the approved development results
in dedication of significant open space which will result in considerable community benefits through
the long-term conservation and low impact recreational use areas with ecological values.
Protection of the sites ecological values are not reliant on the approvals requirement to dedicate
open space as the Biodiversity Overlay (Riparian Buffer and Environmental Protection Area) now
applies to the site.
The South East Queensland Koala Conservation State Planning Regulatory Provisions have come
in to effect since the original approval. In accordance with the provisions the site is identified as
being in a Koala Assessable Area and containing areas identified as bushland habitat. The
provisions require that premises outside of the Urban Footprint do not remove non-juvenile koala
habitat trees in areas defined as bushland habitat.
The approved layout requires the removal of non-juvenile koala habitat trees in bushland habitat
in an area outside the urban footprint (refer lots 6, 7, 8, 9, 10, 11 and 13). In order to comply with
this provision these lots would require amendment.
The Riparian Buffer is located within a section of the site and some of the proposed lots are located
in this area. The establishment of new lots within the Riparian Buffer is not supported by the Noosa
Plan.
A considerable time has elapsed since the date of the ecological assessment reports, some of
which are more than a decade old. Therefore, the currency of the data has expired and cannot be
considered relevant.
Bushfire
The current State Planning Provisions came into effect after the original approval. The current
bushfire hazard mapping assesses bushfire hazard differently to the previous bushfire mapping
used in the original assessment. When assessing the original application, the hazard assessment
concluded that areas of the site had medium bushfire hazard rating. The current mapping system
identifies that the site contains significant areas which are mapped as having high potential bushfire
intensity. As a result of the changes setback/buffer areas may require an amended subdivision
layout. An updated bushfire management plan has not been provided with this application.
Stormwater and Acid Sulphate Soils
The original approval included conditions relating to Stormwater and Acid Sulphate Soils. The
conditions require an Integrated Stormwater Management Plan and an Acid Sulphate Soil and
Groundwater Investigation and Management Plan to be submitted with any application for
Operational Works. The conditions required that the reports be in accordance with the guidelines
that were relevant at the time the decision was made.
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Currently officers require preliminary stormwater management plans be provided with the lot
reconfiguration application for assessment. This information is reviewed and considered prior to
an approval being issued to ensure that proposed lot layouts can accommodate the
recommendations and works required in accordance with these types of reports. In this instance
the guidelines referenced in the Acid Sulphate Soils condition requires updating and the
stormwater report may require the lot layout to be amended to accommodate the report
recommendations.
Reconfiguring a Lot Code
With regard to the Reconfiguring a Lot Code the proposal is not consistent with the following overall
outcomes:
b) compatible relationships between land uses;
g) lots that avoid significant adverse effects on the natural environment and landscape and
minimise the risk of hazards for people and property;
l) residential development which is consistent with the developed character of its particular
neighbourhood;
m) rural residential development only where it has good levels of convenience and accessibility
to towns and villages; and
The use of the rural land for the purpose of a residential subdivision is not consistent with
surrounding rural land uses and the rural character of the area. The siting of the proposed
subdivision does not provide for reasonable connectivity with the Noosaville commercial precinct
as residents would be required to initially navigate away from the commercial area.
The planning scheme requires that new lot sizes have a minimum area of 100 hectares. The
approval permits lot sizes that are significantly less than the current planning scheme requirement.
The approved lot sizes are generally 4000m2 in area. The approval included some larger lots
however the maximum lot size is 16.87ha which is considerably smaller than the current 100
hectare requirement.
Infrastructure Charges
Adopted Infrastructure Charge Notices No’s 449, 150, 451, 452 were issued according to Stages
1 to 4 with the original approval.
An extension to the currency period would not trigger any additional Infrastructure Charge Notices
(ICN’s) as all the networks are already covered by the previously issued ICN’s which continue
automatically.
Timeframe since the original approval
It is important to note that considerable time has lapsed since the original re-zoning of the land in
1998, which has provided the property owner with substantial opportunity to act.
It is likely that many current members of the community would not be aware of the development
approval as the application to subdivide the site in 2006 was code assessable and did not require
public notification and the land is zoned as Rural. Considerable time has also elapsed since the
application was lodged in 2006 with a decision being determined by the Planning and Environment
Court in 2013.
Since the development approval was issued in 2013 the property owner could have undertaken a
range of activities to progress the development approval. These activities include:
Lodgement of an Operational works application for Operational Works for Subdivisional
Works;
Lodgement of amended plans with Council to satisfy the requirements of the Decision Notice;
Subdivisional works including road works;
Environmental works to the park, lots and parts of Hollett Rd; and
Submission of detailed management plans relating to stormwater and acid sulphate soils.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
The property owner has not undertaken any of these steps to progress the development.
Submission of the Survey Plan
The applicant maintains that:
Our client’s commitment to extending the life of this approval has been demonstrated via the
recent lodgement of the Survey Plan for the first stage of the development
Whilst it is acknowledged that a Survey Plan for the first stage of the development has been lodged
it is noted that the submission of this plan is in breach of Condition 1 of the approval which states:
Unless otherwise stated, all works required by the conditions of this Decision Notice as
relevant to each particular stage must be completed prior to submission of the subdivision
plan to Council for compliance assessment for the particular stage.
Furthermore, no Operational Works application has been lodged and no works have been
undertaken as required under the original approval.
5. CONSULTATION
IDAS Referral Agencies
Initial application
Department of Natural Resources & Water (DNR&W)
The initial application was referred to the Department of Natural Resources & Water (DNR&W)
as a concurrence agency due to the site containing mapped vegetation and a wetland regional
ecosystem. DNR&W finalised their assessment on 27 June 2008 and directed Council to refuse
the application. The applicant subsequently suspended the decision period to make
representations to DNR&W and when this period expired requested that Council not decide the
application for an extended period.
DNR&W did not revise their decision and directed Council to refuse the application as:
The proposed lot boundaries are located in an area of remnant endangered regional
ecosystem and remnant of concern regional ecosystem and will result in fragmentation of
these areas;
Assessable vegetation to be cleared will reduce the water quality of the natural wetland as
there will be an increase in the amount of pollution and nutrients entering the wetland from
the effluent disposal systems and the runoff from buildings and roads that will be established
in the area mapped as a wetland regional ecosystem;
The area of aquatic and terrestrial habitat will be reduced on the site;
Clearing of assessable vegetation in proximity to a watercourse is likely to be undertaken to
define the boundary between lot 81 and park and will reduce the area of aquatic and
terrestrial habitat on the site;
Several of the large areas of remnant vegetation are fragmented by lot boundaries and
clearing for fences may fragment the connectivity of this vegetation and increase the area
subject to weed invasion;
The proposal does not maintain the current extent of endangered regional ecosystem and
remnant of concern regional ecosystem due to likely clearing for fencing of lot boundaries
and would change the structure of the ecosystem; and
An area of approximately 2 hectares identified as essential habitat is proposed to be cleared
for buildings and allotment boundaries. A large amount of fill will be required to raise the
level of this area so it no longer gets inundated.
During the appeal process the permit applicant amended the proposed layout which resulted in
reduction in lot yield from 81 lots to 52 lots and a park. DNR&W did not object to the new layout
and provided conditions. The conditions were to ensure that:
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Assessable vegetation associated with natural wetlands and watercourses are protected to
maintain water quality and habitat.
The current extent of the regional ecosystems and endangered regional ecosystems are
maintained.
Areas of remnant vegetation are retained to maintain ecosystem functioning, remain in the
landscape despite threatening processes and maintain connectivity to adjacent properties.
The current extent of essential habitat is maintained.
Environmental Protection Agency (EPA).
The initial application was referred to the EPA as the site is situated partly within a Coastal
Management District. On 2 May 2008 the Agency provided conditions for approval.
The application was also referred to the Environmental Protection Agency as the site was identified
as being contaminated. On 2 April 2008 the Agency advised the site has been deleted from the
Environmental Management Register.
Advice
Department of Natural Resources & Water (DNR&W)
The initial application was referred to the Department of Natural Resources & Water as an advice
agency due to the potential for acid sulphate soils on the site. DNR&W provided their advice on
27 June 2008 recommending that an acid sulphate soils management plan be undertaken.
Energex
The initial application was referred to Energex for Advice as an Energex transmission line traverses
the site. No response was received from Energex, but it is noted that the line traverses through a
proposed park area, well clear of the proposed BLE’s on lots.
Current Application
Under the Planning Act 2016 this extension application is not required to be referred to the referral
agencies for comment.
6. CONCLUSION
The application for an Extension to the Currency Period for 152006.1999.02 relating to
development permit for reconfiguration of a lot (52 lots & park) for 191 Hollett Road Noosaville is
recommended for refusal. The development is not consistent with the South East Queensland
Regional Plan or the Noosa Plan (2016) and there is insufficient justification for the proposed
development. Council’s response to the draft South East Queensland Regional Pan, ShapingSEQ,
has identified that there is no need for additional subdivision outside the Urban Footprint as Council
is able to meet the projected population targets within the Urban Footprint. Accordingly, the
development is not in the community’s interest. Furthermore, it is considered that the community
have insufficient awareness of the proposal.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
Page 79 of 84
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
ATTACHMENT 1: APPROVED PLAN
Gem feeee| sl «lal -| 2] PMO rss
Siesectseaemtectee irene Sel 2) 2| £| 213 WY Ley ie Uy, L TOTAL AREA 110.0na
ee lt monte oa | ¢| e¢] 14] 8 ; U7 LY) WB
(2 Sacssone on te mae ates Romi AFOUL ps 73D AREAOFPARK | 34.2ha] — | 8.62ha| 9.937ha|52.757 G LLY 6 Lip 7]
tecatious bennett ert ents resis shadlbe veo epni TOTALAREA | 39.09na|_7.79ha| 30.18ha| 22.94ha] 110.0h OY, CSS oi LP ,
rea Uy iy ae)
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OLLETT OAD ~~ S
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Page 79 of 84Section 80
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
Page 80 of 84
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
ATTACHMENT 2: PLANNING REGULATION 2017 PART 16 DIVISION 1:
PROHIBITED DEVELOPMENT
Part 16 SEQ regional landscape and
rural production area and SEQ
rural living area
Division 1 Prohibited development
22 Prohibited development—subdividing a lot in SEQ
regional landscape and rural production area
(1) Subdividing a lot completely or partly in the SEQ regional
landscape and rural production area is prohibited
development.
(2) However, subsection (1) does not apply it—
(a) _ the subdivision is a prescribed subdivision; or
(b) the lot is in a rural subdivision precinct and the
subdivision is consistent with the purpose statement,
and minimum lot size, for the zone applying to the lot
under a local planning instrument; or
(c) the subdivision does not create a lot of less than 100ha;
or
(d) the lot is in an area identified in a gazette notice by the
Minister as having a rural residential purpose and an
application for the subdivision was properly made under
the old Act or the repealed IPA on or before 6 December
2010; or
2017 SL No. 78 Page 227
Authorised by the Parliamentary Counsel
ee
Planning Regulation 2017
Schedule 10
(c) the subdivision is consistent with a development
approval for a material change of use that applies to the
lot and the material change of use is assessable
development under division 2.
(3) In this section—
rural subdivision precinct means an area in the SEQ region
identified in a gazette notice by the Minister as a rural
subdivision precinct.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 08 AUGUST 2017
REPORTS FOR NOTING BY THE COMMITTEE
6 KOALA CONSERVATION PLAN 2016 REVIEW
DOCUMENT INFORM AT ION
Author Principal Environment Officer, Peter Milne
Environment and Sustainable Development Department
Index ECM/Koala Policy/Management
Attachments 1. Koala Conservation Plan 2016 (36 page attachment provided separately
to this agenda)
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Principal Environment Officer to the Planning & Environment
Committee Meeting dated 8 August 2017 regarding the progress of the Koala Conservation Plan
2016.
REPORT
Koalas are of great interest to residents and visitors and there is concern within the community that
their numbers are declining. It has been just over one year since the Koala Conservation Plan
commenced which identifies 27 actions to help with koala conservation (see attachment 1). This
report is a summary of the priority actions that have been progressed so far.
1. Priority Actions
Action 1.1 Noosa Planning Scheme
In October 2016 Council adopted amendments to the Noosa Planning Scheme to protect all
vegetation in the Noosa Shire. Anyone wishing to remove a tree must lodge a development
application for assessment by Council. This measure provides substantial protection to koala trees
on private land.
Action 1.4 Delivery of koala offsets
Developments in areas mapped under the SEQ Koala Conservation State Planning Regulatory
Provisions (SPRP) can trigger an offset obligation under State legislation. Koala tree offsets from
the Settlers Cove development have been delivered in Girraween Nature Refuge at a cost of
$44,160 (300 koala trees including ongoing maintenance).
Action 2.1 Acquisition of koala habitat land
Just prior to the completion of the Koala Conservation Plan, Council purchased 100ha of land on
the Noosa River at 1280 McKinnon Drive, Ringtail Creek for $2.7m from the Environment Levy.
Part of the land is mapped as koala habitat. Currently the land is being allowed to naturally
regenerate and there is now substantial regrowth which will provide future habitat for koalas.
Council has also recently entered into a contract to purchase Johns Landing which contains
significant habitat for koalas.
Action 2.2 Support for private landholders
Council supports conservation efforts on private lands through the Land for Wildlife (LFW) and
Voluntary Conservation Agreement (VCA) programs. The most popular program is the LFW
program with over 600 participants. Council currently provides financial incentives to VCA
landholders to undertake environmental works such as koala tree plantings.
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Action 3.1 Research partnerships
The USC Koala Health mapping project, funded by the Noosa Biosphere® Reserve Foundation,
employs koala ‘poo’ sniffing dogs to locate scats. This information helps to determine the
distribution of koalas across the Shire, providing a focus for Council and community conservation
activities. USC intends to re-apply for further funding to continue this research and further our
understanding of the distribution and abundance of koalas across the shire.
Action 4.1 Develop local koala habitat mapping
Koala records have been sourced from Koala tracker, University of Sunshine Coast, State
Government Wildnet, Council records and Koala hospitals and a local koala habitat map has been
developed. Developments that are assessed against the Noosa Plan Biodiversity Overlay may
require code assessment against the Noosa Plan Schedule 7 Koala Habitat Areas map which is
based on the local koala habitat maps. The maps also help guide Council and the community with
targeted conservation efforts across the shire.
Action 4.2 Innovative research
The University of Sunshine Coast ‘Detection Dogs for Conservation’ has been refining their scat
detection and sampling techniques. In Noosa Shire they have recorded 285 koala scat sites from
both public and private land. 128 fresh samples were tested to determine if koala health can be
measured through DNA analysis. Koala Chlamydia is still considered the greatest threat to koala
populations.
Action 4.3 Development of Council database
On occasion residents report koala sightings and these reports are kept on a Council database.
Residents are also encouraged to record their sightings with citizen science organisations such as
Koala Tracker.
Action 5.3 Koala infrastructure audit for roads
Consultants 02 Ecology have completed an audit of koala infrastructure for State and local roads.
Koala road infrastructure includes fencing, underpasses, climbing walls, refuge logs and signs
including wildlife and speed limit road signage. The consultants have identified the koala road ‘hot
spots’ across the shire and made a number of recommendations including improved maintenance
requirements, upgrades to existing infrastructure and recommendations on new infrastructure.
GPS tracking has demonstrated that koalas regularly cross Eenie Creek Road at Noosa Springs,
also a known ‘car strike’ hot spot. Council officers have inspected the site and have identified that
subject to funding, the koala fencing can be improved to further assist in guiding koalas to
underpasses and thereby reduce the risk of car strike.
Action 6.2 Wild dog control
Council has continued with seasonal wild dog control in target areas across the shire. Wild dogs
will often use core habitat areas as a refuge, preying on neighbouring stock and on occasion they
attack koalas as well.
Action 6.3 Research partnerships to determine the impacts of wild dogs
Wild dogs have been reported in the Noosa Springs area. Endeavour Veterinary Ecology has been
monitoring individual koalas in this area for threats from wild dogs, car strike and disease. Currently
5 koalas have been captured, provided with treatment when required, and released. The koalas
are GPS tracked and although only in early stages monitoring has demonstrated that koalas
regularly move between Noosa Springs and Settlers Cove, traversing backyards, local and arterial
roads, underpasses and corridors of bush.
Action 8.1 Raising community awareness and participation
A number of events and activities are helping to improving community awareness and participation
with Koala conservation efforts:
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University Koala Health Mapping project promotion and contact with Land for Wildlife
landholders
Environmental events such as World Environment Day, The Noosa Festival of Water,
National Tree Day and Save the Koala Month
Koala advocacy groups efforts such as Queensland Koala Crusaders, Koala Tracker and
Australian Koala Conservation Foundation
Action 8.2 Review fauna signage
Consultants O2 Ecology have completed an audit of fauna signage across the shire and made
recommendations in terms of maintenance, standards and preferred locations.
2. Where to from here?
Moving forward, priority actions under the Koala Conservation Plan include:
Continued collaboration with research partners to further consolidate our understanding of
the distribution and health of our koalas.
The protection and enhancement of koala habitat through the Environment Levy land
acquisition program and the Voluntary Conservation Agreement program, with a particular
focus on core and connecting habitat areas.
Applying for funding through the budget review process to repair, upgrade and retrofit Koala
Road Infrastructure, particularly along Eenie Creek Road and Noosa Drive.
Monitoring of the effectiveness of new technologies such as audible fences to deter fauna
from crossing roads.
Continued wild dog control in or near koala habitat areas.
Continued promotion of the significance of koala conservation through environment events
and community activities.
Investigation of including Matters of Local Environmental Significance (MLES) within the New
Noosa Plan that may trigger environment offsets including koala habitat.
Previous Council Consideration
None
Finance & Risk
The continuation of koala research projects is subject to grant funding availability.
Funding for the repair, upgrade and retrofit of Koala Road Infrastructure, particularly at Eenie Creek
Road and Noosa Drive, will need to be costed and application made through a budget review
process.
Other forward actions can be absorbed through operational budgets.
Consultation
External Consultation - Community & Stakeholder
Noosa and District Landcare
Queensland Koala Crusaders
University of Sunshine Coast
Noosa Biosphere® Reserve Foundation
SEQ Healthy Land & Water
Endeavour Ecology
O2 Ecology Consultants
Internal Consultation
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Departments/Sections Consulted:
Chief Executive Officer Community Services x Corporate Services
Executive Officer Community Development x Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development x Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development x Civil Operations
People and Culture x Environmental Services Disaster Management
Strategic Land Use Planning x Infrastructure Planning,
x
Design and Delivery
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