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Council Report MCU22 0094 · MCU22/0094
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PLANNING & ENVIRONMENT COMMITTEE MEETING 11 JUNE 2024 5.3 MCU22/0094 DEVELOPMENT APPLICATION FOR A CHILDCARE CENTRE AT 28 EENIE CREEK ROAD, NOOSAVILLE Author Co-ordinator Planning, Nadine Gorton Development & Regulation Department Index Applications / MCU22/0094 Attachments 1. ATTACHMENT 1 (MCU22/0094) - PLANNING OFFICER'S REPORT 2. ATTACHMENT 2 (MCU22/0094) - PROPOSED PLANS APPLICATION DETAILS Applicant Stockwell Development Group Pty Ltd Proposal Material Change of Use - Childcare centre Properly Made Date 31 May 2022 Information Request Date 28 June 2022 Information Response Date 12 April 2023 Decision Due Date 22 May 2024 (applicant extension) Number of Submissions 1 late submission in support PROPERTY DETAILS Property Address 63 & 65 Hofmann Dr Noosaville (formerly 28 Eenie Creek Road, Noosaville) RP Description Lot 4 SP 322201 & Lot 5 SP 322201 (formerly Lot 3 SP246584) Land Area Lot 4 – 2475m2 Lot 5 – 2205m2 Existing Use of Land Vacant STATUTORY DETAILS SEQRP Designation Urban Footprint Zone Major Centre Precinct Business Park Precinct – 5A
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Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING 11 JUNE 2024
Local Plan Area Noosaville Local Plan Area
Overlays Land Subject to Acid Sulfate Soils
Biodiversity, Waterways and Wetlands
Bushfire Hazard
Assessment Type Impact
EXECUTIVE SUMMARY
This report provides an assessment of an application to develop a childcare centre for up to 96
children on land fronting Hofmann Drive. The centre will include approximately 17 staff, with parking
proposed on site for 31 cars, including 14 in tandem arrangement.
The site is part of the Noosa Business Centre and was created under a development approval,
approved in 2018, to subdivide the centre’s largest parcel into 23 lots. This subdivision application
was the subject of an appeal and as part of a negotiated outcomes a condition was imposed requiring
10 metres of landscaping to be provided to the frontage of the lots within the business/commercial
lots to Hofmann Drive, including the subject lots. These landscaped garden beds were required to
achieve the parklike setting envisaged for the Noosa Business Centre, continue the existing
streetscape treatment along Hofmann Drive established with stage 1 of the centre’s development
and complement the vegetated covenant areas.
Under The Noosa Plan, the land is zoned Major Centre and is included in the Business Park Precinct
– 5A, with future commercial and employment uses to be in this precinct. The proposed childcare
is not consistent with the requirements for the business park precinct as it will not deliver the uses
sought for the precinct. It is noted that the planning scheme details that such a use is consistent in
the Village Mixed Use zone located directly to the north of the subject site.
The proposal also fails to maintain the required 10m of landscaping conditioned as part of the
negotiated settlement of the subdivision of the site. This is an important element to achieve the
parklike, vegetated setting envisaged for the centre, which is synonymous with the Noosa style. The
development also proposes a bio retention device in the front setback which combined with potential
safety issues will result in minimal landscaping to the southwestern corner of the site and further
reduction of the park like setting.
Whilst the provision of carparking spaces on site is considered appropriate the location of bicycle
parking is inappropriate and impacts on pedestrian movements.
The establishment of the required 10m landscaped garden bed would require a significant change
to the site’s layout and accordingly cannot be appropriately conditioned. It is noted that this
requirement was discussed with the applicant on a number of occasions however the plans were not
altered. The application is therefore recommended for refusal.
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING 11 JUNE 2024
RECOMMENDATION
That Council note the report by the Coordinator, Planning to the Planning & Environment Committee
Meeting dated 11 June 2024 regarding Application No. MCU22/0094 for a Material Change of Use
for a Childcare centre, situated at 28 Eenie Creek Rd Noosaville and:
A. Refuse the application for the following reasons:
1. The proposed development is not consistent with condition no. 53 of Development Permit to
Reconfigure a Lot (1 lot into 23 lots) RAL18/0023 as the proposal does not include the
required 10m wide landscaped garden bed to Hofmann
Drive.
2. The proposal is not consistent with the Strategic Intent and Strategic Outcomes 3.3.1(o), and
3.3.5 (s)(i) (D) of the Noosa Plan 2020 as the proposal fails to incorporate the 10m wide
landscaping required to Hofmann Drive to achieve the parklike, vegetated setting envisaged
for the centre which is synonymous with the Noosa
style.
3. The proposal is not consistent with acceptable and performance outcomes AO5, PO5,
AO7.4, PO7 of the Noosaville Local Plan Code a:
a. The development does not retain or propose to enhance the required 10m wide
landscaped garden bed to Hofmann Drive which is important to contribute and create the
character sought for the Noosa Business Centre.
4. The proposal is not consistent with the overall outcome (3)(f) and (4) acceptable and
performance outcomes AO32.4, AO32.5, AO32.6, PO32 and PO33 of the Major Centre Zone
as:
a. Reducing the width of the landscaped garden beds required to Hofmann Drive,
particularly where this approach is continued for the remainder of the lots with frontage
to Hofmann Drive, will compromise and impact the ability to achieve a centre which is
overall recognisable as having a Noosa style.
b. The proposal does not retain, incorporate, or enhance the existing vegetation within the
required 10m wide landscaped garden bed to Hofmann Drive, which is important to
enhance the visual amenity and natural landscape character of the Noosa Business
Centre.
c. The proposal disrupts the landscaped streetscape treatment required to Hofmann Drive
intended to enhance the amenity and contribute positively to the centre’s
character.
d. The proposed use is an inconsistent use in the Major Centre Zone Code – Business
Park Precinct will not deliver the commercial and employment uses intended for the
Precinct such as health and wellbeing, education, research and technology and
knowledge-based industries.
e. The bio retention basin at the front of the site is located within the required setback area
and in front of the proposed carparking area which results in the development being
more visible to the road and not located in a park like
setting.
5. The proposal is not consistent with overall outcome 2(a), (d) and performance outcome PO8
of the Sustainable Building Design Code as the development does not provide a minimum
floor to ceiling height of
2.7m.
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING 11 JUNE 2024
6. The proposed bicycle parking is not consistent with acceptable outcomes AO6.1 of the
Driveways and Parking Code as they are located in an area that impedes access around the
site.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C. Request staff to undertake action to ensure the landscaping across the frontage of the site is
consistent with development approvals RAL18/0023 and OPW20/0145.
Section 5
ATTACHMENT 1 – (MCU22/0094) – PLANNING OFFICER’S REPORT
REPORT
1. PROPOSAL
This application seeks approval to develop a childcare centre for up to 96 children from birth up to
5 years at 28 Eenie Creek Road, Noosaville. The proposal includes 5 activity rooms for various
age groups, a kitchen and staff rooms with an outdoor play area located towards the site’s frontage
and to the site’s south-eastern boundary. A minimum of 17 staff are proposed on site to meet the
minimum educator to child ratio with the applicant indicating additional staff are likely to be
employed by a future operator including a cook and director. Access is proposed from Hofmann
Drive with parking on site for 31 cars including 14 in tandem arrangement.
A separate development application (RAL23/0007) has also been approved to realign the
boundaries between Lots 4 and 5 to increase the size of Lot 4 by 119m2, with the intent to proceed
with the boundary realignment prior to commencing construction of the proposed childcare centre.
The eastern common boundary is proposed to be moved approximately 2 metres to the east.
Figure 1 – Locality
Section 6
tS orevEWaY Figure 2— Site Plan
Section 7
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Section 8
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Section 9
Figure 5 - Perspectives
2. SITE DETAILS
2.1. Background
The application is lodged over two sites now identified as 63 and 65 Hoffman Drive and are part of
the Noosa Business Centre which includes the Noosa Civic, the Emporium showrooms and offices.
The sites were originally created as part of a development approval to subdivide the Noosa
Business Centre into 23 lots which was the subject of a protracted application and appeal to the
Planning & Environment Court. Council resolved to settle the appeal at its Ordinary meeting on 31
August 2020 on the basis that the applicant agreed to resolve a number of issues, including the
fulfillment of the Noosa Plan 2006’s requirement for the Noosa Business Centre to have a parklike
setting.
In this regard the original reconfiguration approval and subsequent Operational Works approvals
required landscaping along Hofmann Drive to the residential (lots 17-19) and 10m wide to the
remaining lots, which includes the subject lots - lots 4 and 5 SP322201. The required landscaping
continued the current landscape treatment along Hofmann Drive that was achieved with stage 1 of
the development of the Noosa Business Centre and complemented the existing covenanted areas.
This was also an important agreement at the time as the applicant proposed to clear the existing
vegetation on the lots fronting Hofmann Drive to better manage stormwater. (Refer figures 5 and
6)
The requirement for the landscaping is reflected in condition 53 of the reconfiguration development
approval:
53. The development site must be landscaped in accordance with the Noosa Plan’s Landscaping
Code and Planning Scheme Policy Landscaping Plants and Guidelines. The landscaping
must be reflective of the surrounding natural landscape and must be reflective of the
surrounding natural landscape. The works must be undertaken in accordance a plan
prepared by a qualified person* and in accordance with an Operational Works approval and
must include in particular:
a. Local native plant species suitable for the location in mulched garden beds within the
lots that front to Hofmann Drive and the future extension of Hofmann Drive that are 6m
wide to the residential lots 17-19 and 10m wide to the remaining lots at the time of
sealing the plan of subdivision
Section 10
b. Supplementary plantings to the median strip in the southern extent of Hofmann Drive.
c. Provision of a minimum of one ex-ground or advanced street tree within the road
reserve for every 8 metres of new road between proposed lot 3 and 7 within garden
beds. The garden beds must be a minimum of 6m2 and contain a mix of shrubs and
grasses.
d. Provision of sufficient volumes of structured soil media suitable for advance root growth
for street trees, in accordance with the written recommendations of an industry
accredited horticulturist or arborist.
e. 100mm deep mulching and landscaping to any batter within road reserves that exceed
1 in 4 slope (25%)
f. Planting works to the median strip and/or roundabout that do not interfere with driver
sight lines at any time.
g. Achieve the park-like settings as set out in the Shire Business Centre Zone (Division
9) of the Noosaville Locality Plan in the Noosa Plan by ensuring:
i. Retention of suitable vegetation within the road reserve through project design
and services location; and
ii. Limiting the disturbance to the root zones of retained vegetation
It is important also to note that as part of the appeal settlement the applicant:
• Dedicated to Council (without cost to Council) lot 24, being the planned Transit lot, with the
dedication to occur after the Noosa Plan 2020 is amended to show the provision for the
transit lot only in a location consistent with proposed lot 24 on the survey plan.
• Entered into a Deed of Agreement with Council which sets out that the proposed dedication
of lot 24 is in full and final satisfaction of any obligation to provide environmental offsets
(including in relation to koala and koala habitat) in respect of the ultimate clearing and
development of the land.
• Entered into a second Infrastructure Agreement with Council to deliver the proposed
dedication of lot 24 and enable Council to condition the necessary land dedication and works
required for the subdivision that Council was prevented from conditioning by the 2003
Infrastructure Agreement entered into at the time of construction of stage 1 of Noosa Civic.
Council also set aside monies that would otherwise be used to purchase the transit lot to offset the
loss of koala habitat, calculated in accordance with the Queensland Government Financial Offset
Calculator. This recognised that the dedication of lot 24 for a transit lot did not in itself satisfy the
Planning Regulations 2017, the provisions of the Environmental Offsets Act 2014 or the Noosa
Plan’s Biodiversity Overlay provisions, which seek an environmental offset to counterbalance the
impacts of clearing the site’s koala habitat.
Section 11
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Figure 6 — Approved Subdivision Plan for 28 Eenie Creek Road (subject site Lot 4)
Section 12
TOBERETANED
NOOSA COUNCIL
APPROVED PLAN
OPW20/0145 17 DEC 2020
REVEGETATION ARCA
[REFER TO SHEET 22 FOR
SrecesusT
(BUSH FIRE RESISTANT SPECIES ONLY)
NOOSA COUNCIL
APPROVED PLAN
{wW20/0145 17 DEC 2020
[RoPOsED Bio Fu TRATION Device
JEFER TO SHEET 20 FOR ADOSTIONAL
jerans.
JeveceTaTion AREA
feren To sree 22 FoR
usH FRE RESISTANT SPECIES ONLY)
Section 13
Figure 7 – Extract of Approved Operational Works - Landscaping
A pre-lodgement meeting was held with the applicant’s consultants on 16 March 2022 wherein
the Council staff advised:
• Whilst there was merit with providing a childcare centre it is an inconsistent use and results
in diminished area for business uses within the Business Park Precinct.
• The RAL approval requires 10 metres of planting.
• Shortfall of carparking to be justified.
• Concerns with access and carparking conflicts.
• Landscaped open space less than required 15%
• Stormwater concerns.
Following lodgement of the current development application an information request was issued by
Council which raised a number of concerns including the requirement for the 10-metre landscape
setback, stormwater and carparking.
2.2. Site Description
The site, now described as Lot 4 and part of Lot 5 SP322201, is part of the Noosa Business Centre
and has an area of 2597m2. It fronts Hofmann Drive, with an easement established along the lot’s
north-western boundary to provide for a future footpath connection from Hofmann Drive through to
the planned transit centre. The site has been fully cleared of vegetation with the front 10m
Section 14
landscaped in accordance with development approval RAL18/0023 and OPW20/0145 however it
is noted that several of the tree species within the area have not flourished.
2.3. Surrounding Land Uses
The Noosa Business Centre is located between the Tewantin and the Noosaville business centres
and is located at the southern entrance into Noosa, with access from Walter Hay Drive and Eenie
Creek Road as well as Rene Street/ Hofmann Drive. The Noosaville Industrial Estate adjoins the
area to west and includes a broad mix of industrial and business uses, with a vehicle auto precinct
and the Domain retirement village located to the north. To the east of the centre is the Noosa
National Park with land to the south an environmental reserve dedicated to the State, with Council
as trustee, as part of stage 1 of the centre’s development in 2003.
Land adjoining lots 4 and 5 includes covenant J which is fully vegetated and established as part of
stage 1 of the centre. The adjoining Lots 6 and 3 have not yet been developed, with land opposite
in Hofmann Drive similarly remaining undeveloped at this time.
There are several development applications currently lodged over the Noosa Business Centre in
addition to existing development approvals which are set out in the table below for Council’s
reference:
Application Proposed Development Site Status
No.
MCU21/0146 Multiple Dwelling – 90 small dwelling units Lots 17-19 Approved
(known as the Hof Noosaville)
MCU21/0175 Showrooms & Offices Lot 2 Under
Assessment
MCU22/0038.01 Office & Medical Lot 22 Approved and
under
construction
Section 15
MCU23/0078 Shopping Centre, Office, Cinema, Indoor Lots 1, 3 & 7 Under
Sport & Recreation, Multiple Dwelling Assessment
Units/Short Term Accommodation
MCU23/0135 Shopping Centre (extension) Lot 1 Under
Assessment
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan 2017;
• Planning Regulation 2017;
• Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and
the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan 2017
The site is located within the Urban Footprint of the SEQ Regional Plan, with the Noosa Business
Centre designated as a major regional activity centre. The proposal is consistent with the regional
policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is not required to be assessed against the assessment benchmarks contained in the
Planning Regulation 2017.
3.3. Statutory Instruments – Planning Scheme
The subject site is zoned Major Centre and is included in Business Park Precinct – 5A under the
Noosa Plan 2020. The proposed use is identified as an inconsistent use for the Business Park
Precinct and is required to follow an impact assessable application process.
Accordingly, the application must be publicly notified for comment from the community and
assessed against the whole of Noosa Plan 2020 to the extent the provisions are relevant to the
development.
Figure 8 below details the precincts for the Noosa Business Centre and provides a framework for
the future development of the centre.
Section 16
Figure 8 – Framework & Character Plan
3.3.1 Strategic Framework
The Noosa Business Centre and Noosa Junction are the 2 major activity centres for Noosa Shire,
with each having a distinct and complimentary role. The Noosa Business Centre is identified as
having a predominant role of providing for future long-term growth and employment for the Shire,
offering the greatest opportunity to accommodate most of the long-term growth and development
for key priority sectors including knowledge-based industries such as education and training,
health, digital economy, technology, innovation and research and development.
This is to be delivered through a number of planning precincts which reflect the desired function
and role of the centre, with future commercial and employment uses to be located in the business
park precinct and nearby innovation zoned land. Notably, a limited amount of retail and showroom
development is intended in the centre as it is intended to be the focus for major employment
generating development and growth in Noosa Shire.
A proportion of the Shire’s higher order needs are intended to be fulfilled by Maroochydore - the
region’s principal activity centre, and to a minor extent Gympie.
This Strategic Intent for the Noosa Business Centre is reflected in the following outcomes:
(s) The identified role and function of centres within Noosa Shire is as follows:
(i) Major Centres - Noosa Business Centre and Noosa Junction
A. The major centres of the Noosa Business Centre and Noosa Junction are the
highest level of centre in the Shire offering diverse business, employment and
residential opportunities. These activity centres are accessible to broad catchment
areas across the Shire, offering higher order shopping and commerce,
entertainment, health, education and community facilities, as well as higher density
housing choices. They are well serviced by public and active transport networks
and increasingly offer active, pedestrian focussed street-level environments. The
Section 17
role and function of these major centres are such that they are complementary and
do not compromise the viability of each centre.
B. Noosa Business Centre – is a key higher order centre in the Noosa Shire as it is
designated as a major centre in the South East Queensland Regional Plan. It caters
for the broader Noosaville, Tewantin and hinterland areas of the shire. Its role and
function are to provide for a mixed-use Shire-wide Business Centre, with a focus
on employment growth and economic diversification being a key employment hub
for Noosa now and into the future. Innovation and knowledge-based industries,
health, research and education are present as well as higher order sub-regional
retail including a discount department store and full line supermarket. There is a
very limited increase in retail floor space, recognising the role of the regional activity
centre at Maroochydore in providing high order retail needs.
C. The Noosa Business Centre also includes a transit hub and offers a broad range
of commercial, community, cultural and entertainment services in addition to high
density housing, which is encouraged as an integrated component of development
within and near to the centre.
D. Development of the Noosa Business Centre is to be consistent with the Noosa-
style village character incorporating subtropical design with low-scale pavilion-style
buildings at human scale with high amenity landscaping breaking up built form and
linking to a village green and an open space corridor. Large box-like buildings are
avoided.
The proposed childcare centre is not consistent with the strategic intent and outcomes for the
Business Park Precinct as it will not deliver the commercial and employment uses intended for the
precinct which include:
• Food and Drink outlets
• Office
• Community care centre
• Educational establishment
• Emergency services
• Health care services
• Research and technology industry
The Plan notably details that childcare centres are consistent uses in the Village Mixed Use
Precinct which is located to the north of the subject site (Refer figure 8 above). It is also relevant
to note that Council is currently assessing a substantial application for the adjoining Village Mixed
Use Precinct to the north under MCU23/0078, which is proposed to cater for a range of uses
including shops, food and drink outlets, recreation, offices, health care centres research and
technology and residential units. Due to the scale of this development application, it is anticipated
that the proposed childcare centre could reasonably be located within the Village Mixed Use
Precinct.
Section 18
Figure 9 – MCU23/0078 – Current Development Proposal - Mixed Use Development 3.3.2 Noosaville Local Plan Code The overall outcomes of the Noosaville Local Plan Code generally reflect the Strategic Intent and Outcomes identifying that the Business Centre is to provide a wide range of centre activities to meet the needs of communities across Noosa Shire, while acknowledging Maroochydore as being the principal regional activity centre will provide the highest order and greater range of goods and services. The proposed childcare centre is not considered to meet the acceptable outcomes of the Code which details that development is to accord with the Noosa Business Centre Framework and Character Plan which includes the site in the Business Park Precinct. The assessment table indicates that a childcare use is an inconsistent use in this precinct. This aspect is discussed below in section 3.3.3 Major Centre Zone Code. However as previously detailed the proposal does not retain the conditioned 10m wide landscape garden bed to Hofmann Drive proposing to reduce this landscape garden bed to 4m or less and locate car parking, a bioretention basin, and a fenced outdoor play area in this established buffer. This layout interrupts the landscaped presentation established along Hofmann Drive as part of Stage 1 of the Noosa Business Centre development and continued with the reconfiguring a lot
Section 19
approval. Further, the applicant proposes no comparable replacement landscaping elsewhere,
with no vegetation retained on the remainder of the lot, with the lot having been previously cleared.
3.3.3 Major Centre Zone Code
The table of assessment for the Maor Centre Zone details that a childcare use is an inconsistent
use with the Business Park Precinct. The proposed use is clearly not consistent with the Code’s
outcomes specific to the Business Park Precinct which seek that the land facilitates commercial
office space for businesses and a range of professional services including health and wellbeing,
education, research and technology and knowledge-based industries to the exclusion of other
uses, with the exception of a limited number of other uses such as a small ancillary food and drink
outlet.
The table below provides an assessment of the proposal against the built form requirements for
the major centre zone which identifies that the proposal complies apart from car parking which will
be discussed further in section 3.3.5 of the report:
Criteria Planning Scheme Proposal Complies
Building height
• storeys 2 storeys 1 storey
• metres 10 metres 5.2m
Plot ratio 0.8:1 0.25:1
Boundary setbacks
• Ground Floor 4 metres 10.539m
• Second Storey 8 metres N/A
• Other Boundaries 3 metres where adjoins 5m
land zoned Environmental
Management and
Conservation;
otherwise 0 metres 500mm
• Childcare Centres 3m where adjoins a N/A
residential zone or activity
Length of wall 15 metres 15m
Landscaped open space
• Minimum Area 15% of site with min 21.8%
dimension of 2 metres
• Average width to 4 metres >4 metres however bio X
frontage retention basin located in
setback – discussed below
Carparking 35 spaces including 14 31 spaces X
tandem spaces (14 in tandem)
Bicycle Spaces 10 bicycle spaces 10 bicycles
5 lockers End of Trip facilities
1 shower cubicle with
ancillary change room
There are a number of building design, streetscape and landscape outcomes sought to achieve a
high-quality streetscape, and ensure proposals reflect and enhance the streetscape character of
the local area. The applicant seeks to address these outcomes by including some entry arbours
and seating around the edge of the bioretention basin,
Section 20
However, as previously identified, the proposal does not retain the 10m wide landscape garden
beds established with the reconfiguring a lot and removes existing vegetation from this area which
could be retained as part of development of these lots to enhance the amenity of the centre and
this important road link.
The applicant submits that they should not be required to maintain the 10m wide landscape garden
bed for the following reasons:
• The 2003 Infrastructure Agreement required all significant road infrastructure and open space
areas to be delivered as part of stage 1 of the development, with significant open space area
delivered as part of stage 1 of the development.
• Clause 10 of the Infrastructure Agreement further provides “…having regard to the
contributions and physical infrastructure provided for in this Agreement, the applicant and its
successors in title shall not be required in respect of Future Stages of the Business Centre on
the Land to undertake work…relating to… open space”. The term open space includes
landscaping.
• A subsequent Infrastructure Agreement was entered into with Noosa Council in 2020, which
simply reflects in more detail the specific delivery of infrastructure in the context of the
subdivision of the Business Centre. To this end, clause 2.5 of the 2020 Infrastructure
Agreement confirms that “nothing in this document derogates from or varies the 2003
Infrastructure Agreement, except where specified in special conditions.
• Clause 10 of the Infrastructure Agreement provided that for the development of future stages
of the Business Centre, the applicant is required to provide a minimum 10% of the area of each
reconfigured lot.
• The requirement to provide 10 metres of planting to the frontage of Hofmann Drive in conditions
53a of the RAL for the Business Centre was intended to ensure that the relevant Business and
Innovation Precincts were revegetated following the subdivision works until the ultimate
development of the Precincts.
The applicant’s submission is not agreed with as:
• The Infrastructure Agreement entered into at the time of development of stage 1 in 2003, was
to provide certainty for the applicant as to the contributions and/or infrastructure charges
payable for future stages, given the extensive amount of work undertaken as part of stage 1.
• The 2003 Infrastructure Agreement provides that the applicant shall not be required to
undertake work, pay contributions or charges levied for works external to the land having regard
to the contributions and physical infrastructure provided as part of stage 1, provided that the
intensity of development of future stages do not exceed Master Plan 2.
• Landscaping is not included as part of the term open space, with the open space areas referred
to in the Infrastructure Agreement clearly identified on an Annexure in the agreement.
• The Infrastructure Agreement does not specify that the development of future stages of the
Business Centre are only required to provide a minimum of 10% of the area of each lot. The
provision referred to by the applicant is a requirement of Master Plan 2, which was not
imbedded in the Infrastructure Agreement and is not relevant in this regard.
• The required 10m landscaped garden bed of the reconfiguring a lot approval was not intended
as an interim solution and remains a current condition of a development approval applicable to
future development of the lots along Hofmann Drive.
The location of the proposed bio retention basin along Hofmann Drive adjacent to the driveway
entrance also does not comply with outcomes of the Major Centre zone code which seeks to
provide minimum landscaped setbacks to the internal circulation roadway and is generally to be
soft landscaping which does not include stormwater treatment devices.
3.3.4 Sustainable Building Design Code
The Sustainable Building Design Code includes requirements to ensure development is
sustainable with minimal environmental impact and maximum human comfort. The applicant
submits that they comply with the code as the proposed building design and site layout follows
sustainable building design practices, orientating the building to maximise cross ventilation,
Section 21
provision of shade awnings, use of solar panels, use of materials to reflect the heat, use of
landscaping adjacent impervious services, harvesting of stormwater etc.
While it is agreed that the proposal incorporates many of the code requirements, the proposed
building design does not provide a minimum floor to ceiling height of 2.7m being 2.5m. A condition
could be imposed requiring the ceiling height to be increased to 2.7m to improve the comfort levels
of the building.
3.3.5 Water Quality and Drainage Code
Councils’ external stormwater consultant has reviewed the proposal and advises that:
• The proposed floor levels achieve the required freeboard, and the carpark areas will be
filled and flood free
• Concerns are raised about the safety aspects of the bioretention device. Maximum vertical
drops of up to 0.7m are proposed and it would be very difficult/impossible for a small child
to achieve egress if they inadvertently entered the system. A vertical drop is also proposed
immediately adjacent to the driveway which presents a risk to vehicles. No fencing or
barriers are shown on the engineering plans and there are few details on the landscape
plans (some barriers implied in plan view possibly). Significant redesign would be required
to address these issues without the need for fencing as any fencing would result in a poor
landscape amenity outcome.
Figure 10 below illustrates the location of the bio retention basin along the frontage of the site. The
basin includes retaining walls, an open boardwalk and grated drain which limits the area available
for screen planting. The bio retention basin is located adjacent to the entrance driveway and the
carpark which results in the western corner of the site being open and the carpark highly visible
and not consistent with the required park like setting.
Figure 10 – Extract of Proposal Plans Illustrating Location of Bio- Retention Basin
3.3.6 Driveways & Parking Code
This Code requires that adequate provision is made for parking, loading and unloading, access
and manoeuvring of service vehicles within the development site and requires car parking for a
childcare centre to be provided at the following rate:
Section 22
• 1 space per 2 employees; and 3 spaces per 1 employee space required (may be in tandem)
for the set down and pick up of children.
Based on 17 staff, the proposed childcare centre is required to provide a minimum of 35 spaces,
with the applicant proposing a total of 31 spaces, 14 of these to be in a tandem arrangement. To
address this shortfall the applicant has provided a Traffic Impact Statement, which includes an
analysis of the likely car parking demand, a comparative assessment against other planning
scheme requirements and surveys of other centres operated by the prospective tenant. Council’s
external traffic consultant has reviewed the applicant’s report and advises that the proposed car
parking is sufficient for the development, however, has concerns with the width of the pathway
behind the bicycle parking area. The pathway at 1 metre in width is considered very narrow both
for moving bicycles to/from the bays, and for general pedestrian access noting that this access
route is expected to be well utilised as the safest path to the building access for most of the
proposed car parking spaces. Refer figure 11 below.
Figure 11 – Bicycle Location
3.3.7 Overlays
The site is mapped by the Noosa Plan 2020 overlays as having the potential for acid sulfate soils,
having vegetation of biodiversity significance and a high potential bushfire intensity.
The proposed development does not involve significant earthworks and accordingly the
development is not required to be assessed against the Acid Sulfate Soils Overlay Code. It will
also not result in the removal of vegetation identified by the Biodiversity, Waterways & Wetlands
Overlay as having biodiversity significance, having been previously cleared as part of the
subdivision of the land.
In terms of the Bushfire Hazard Overlay, while bushfire mitigation measures were incorporated into
the subdivision including a fire break installed within the lots adjacent the environmental reserve to
the south, a further bushfire hazard assessment has been undertaken by the applicant specific to
the childcare centre. This report recommends several measures for the centres development to
assist in minimising the risk and threat of bushfire including developing an emergency management
plan for the centre to ensure the safety and security of employees, students and visitors. Council’s
Senior Environment Officer has reviewed the report and agrees with the outcomes.
Section 23
4. CONSULTATION
4.1. Referral Agencies
The application was referred to Energex as an advice agency due to Schedule, 10, Part 9, Division
2, Table 2 – Premises near a substation site or subject to an easement.
The application was referred by the applicant on 17 June 2022, with no response received from
Energex. Notwithstanding this, lots 4 and 5 are located well clear of Energex infrastructure, and
accordingly are not expected to have any requirements for the proposed development.
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers:
• Coordinator Engineer
• Senior Environment Officer
The application was also forwarded to the following external consultants:
• Switchback Consulting – Hydraulic Engineer
• Holland Traffic Consulting Pty Ltd – Traffic Engineer
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. One not properly made submission was received. The following table provides a summary
and assessment of the issues raised by submitter.
Matters Raised Comments
The submitter supports the proposed It is agreed that a child care centre is an
centre as it is a much-needed service for appropriate use for the Shire Business Centre
the current business’s located in the however it should be located in the Village Mixed
Noosa Civic Centre. It will provide for a Use Precinct not the Business Park Precinct.
greater level of convenience, and ease for
working parents, along with new
employment opportunities for skilled
childcare works.
5. CONCLUSION & REASONS FOR DECISION
It is concluded that the proposed childcare centre is not consistent with the Noosa Plan 2020
requirements as it will not deliver the commercial and employment uses intended for the Business
Park Precinct. The proposal fails to maintain the required 10m landscape garden bed conditioned
as part of the subdivision of the land and this is an important element to achieve the park like,
vegetated setting envisaged for the centre, which is synonymous with the Noosa style. Further the
proposed bioretention device at the front of the site will negatively impact on the amenity of the site
limiting opportunities for landscaping across the frontage of the site.
To maintain the required 10m landscaped garden bed would require a significant change to the
site’s layout and accordingly cannot be appropriately conditioned. Therefore, the application is
recommended for refusal.
Section 24
Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director Director
Chief Executive Officer Community Development Financial Services
Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Governance Customer Experience Commercial Property
Strategy & Environment & Development & Regulation Infrastructure Services
Sustainable Development
Director x Director x Director
x Strategic Land Use Planning x Development Assessment Infrastructure Planning, Design
and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services x Environmental Health Asset Management
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
Waste
Section 25
ATTACHMENT 2 - (MCU22/0094) - PROPOSED PLANS
SP322201
Emt AL
45"
16'
697299°
36
Em
tC
B
SITE INFORMATION
22
01 Local Authority: Noosa
32
SP RL5.5 RL4.900
Outdoor Play Realigned Site Area: 2597m2
FNC-1 Age: 0-24 mnths
Boundary 25 m2 TANK Area: 87.40 Site Cover: 723.1m2
RL5.0 27.84%
AC AC Tank Occupancy: 12
RL4.95 RL5.5
45"
16'
068299°
43
Dry GFA: 621.3m2
RL4.5 End of trip Store 23.92%
Ldy/cleaner
+4.398 B
facilities
MSB Bin
Lockers
Kitchen
1
VISITOR/TURNING Carparking Provided: 31
500 500
Bottle - 8 Staff
SERVICE BAY B
Prep Amenities
- 23 Visitor, Including 1 PWD + turning bay
1
4.4
5,400 - 1 SRV
0
25
4.1
2,400
Lockers
2
Activity Room 1 Bike Parking Provided: 10
Staff Room Age: 0-24 mnths
24
VISITOR STAFF STAFF
Area: 41.60 End of Trip Facilities:
26
Occupancy: 12 - PWD bathroom with shower
Carpark 1,577 190
3
Shade Trees Garden Path and Pedestrian Pathway
- Shower, toilet, handbasin and 15 lockers
RL4.25 VISITOR STAFF
VISITOR for staff end of trip facilities.
25
Sleep Room
5,400 Store &
27
Comms Bed Age: 0-12 mnths Ext Store
Seat
7,800
Area: 18.30
4
VISITOR STAFF
VISITOR
24
28
1
4.0
Activity Room 2 RL5.25
9
5
Age: 2-3 yrs
4.4
5
VISITOR STAFF
4.3
VISITOR Area: 67.20
23
Vegetated
Covenant Occupancy: 20
RL4.95
29
767 DRAWING LIST - DA
2,600
500 GFA
6
500 3,000 500 621.3 m2
VISITOR STAFF
VISITOR
Drawing No. Sheet Name Revision
22
+4.224 5,400 5,400
30
Bound
00.01 Context & Locality Plans 11
Boundary
2,600
Pram Bed Prep Store Amenities
7
VISITOR STAFF
ary
VISITOR Store
01.01 Site Context 14
21
20"
42'
58836°
35
31
Line of Easement
2,600
01.02 Site Plan - Open Space 15
8
STAFF FHR +
VISITOR Activity Room 3
VISITOR EDB +
Age: 2-3 yrs
20
NBN
8
01.03 SIte Plan - 3D 11
3.8
Services Area: 67.20
3.6 m2
Occupancy: 20
9
03.01 Floor Plan - Ground 15
3,800
VISITOR
3
4.3
SP322201
VISITOR
Emt AO
1,065 145
RL5
04.01 Roof 09
Office
17
10
42"
21'
75827°
61
VISITOR Bed
09.01 Elevations 11
2,600
Activity Room 4
VISITOR Meeting
1
+4.175 Age: 3-5 yrs
3.9
09.02 Elevations - Fencing 08
Area: 72.30
16
4.00
11
Bikesx10 Occupancy: 22
VISITOR 1,065 145
2,600
VISITOR Reception
10.01 Sections 10
15
4,100
12
1
4.2
VISITOR RL 4.950 RL 4.965 RL 5
2,600
VISITOR USAB
FNC
Prep Store Amenities
-1
14
RL 4.650 RL 4.805 RL 4.940
RL 4.300
SW Connection to Bio
RL 4.320 Existing Boundary
2,594
4.180
Garden Path and Pedestrian Pathway B1:405,400
Max
1:40= 135mm
ARBOUR Timber Bridge
26.8 m2
RL 4.290
4.00 Activity Room 5
1:20 max to
connect to LANDSCAPED DRIVEWAY Accessible Age: 3-5 yrs 2,100 Proposed Boundary Realignment
C
2,400
footpath tC
Em 220
32
1
BIO-RETENTION 1:40 Max 0.1 m2 Area: 72.20
SP
RL 4.190 17 m 2
4.25 RL4.8 Occupancy: 22
4.12
13
4
Seat Bio Basin
4.1
2
MAIN
4
4.2
4.3
PEDESTRIAN
47"
53'
588154°
9
4.1.23
ENTRY ARBOUR
0
E Bed
4
5.1 m2
4.25
3
4.1
4.34
20
LP
3 4.
4.1 26
le
47"
53'
146154°
4
Po
4.
ht
4
4.3
Lig
6
152.4 m2
ack
4.1
46"
35'
950154°
2
Setb
ding 9
Buil 10,53
25"
1'
512153°
2
RL 4.44
Outdoor Play
Age: 3-5 yrs
5"
37'
980150°
4
Area: 596.70
FNC
-2 Occupancy: 84
RL 4.4
Bou
nda
12"
25'
980147°
4
ry
0
4,00
23"
48'
465145°
Section 26
9
1"
16'
047139°
18
RL4.52
34"
56'
936130°
4
23"
22'
936127°
4
Revision Project Architect Stage Project No.
Site Context
10 Updated Drawings 27/03/2023 Noosa Early Learning Centre SC Development Approval 1187-03 Revision
11 Updated Drawings 28/03/2023 Lot 4 Noosa
12
13
14
Updated Drawings
Amended Carparking
Amended Carparking
4/04/2023
28/02/2024
1/03/2024
Client
Stockwell Development Group Pty Ltd
Drawn
AM
Status
Not For Construction (#Notes)
Scale
1:250 at A3
A-DA-01.01 14
(07) 3251 6900 [email protected] Elevation Architecture Pty Ltd ACN 606 170 807 © Copyright reserved this document is and shall remain the property of Elevation Architecture. Unauthorised use of this document in any form whatsoever is prohibited. All information to be printed in colour. Figured dimensions take precedence over scale dimensions. Contractors must verify all dimensions on site before commencing any work or making shop drawings. P:\Data 1\1187-05 Sanctuary Noosa Childcare Centre\5.2 Development Application\5.2.1 ArchiCAD\1187-05 Master DA 24_RFI.pln
Section 27
Open Space Summary
Site Area Realigned = 2,597m2
Boundary
2
25 m
Tank Open Space, including:
45"
16'
068299°
43
Landscaping = 260m2
+4.398 B
=10.01%
1
VISITOR/TURNING
SERVICE BAY B
Garden Path + Pedestrian Pathway = 134.1m2
5,400
Subtotal = 394.1m2
25
2,400
= 15.1%
2
24
122.7 m2 24.8 m2 VISITOR STAFF STAFF
Outdoor Play = 684.17m2
26
Carpark 1,577 190
3
Shade Trees
Garden Path and Pedestrian Pathway
VISITOR VISITOR STAFF
25
5,400
27
Total Open Space (exc Bio retention) = 1078.2m2
7,800
4
VISITOR
VISITOR STAFF = 41.5%
24
28
7 m2
Landscaped Bio-Retention = 16.8m2
5
VISITOR STAFF
VISITOR
23
Vegetated
Covenant
29
767 500
2,600
6
500 3,000 500
VISITOR STAFF
VISITOR
22
+4.224
30
Bound
Boundary
2,600
7
VISITOR STAFF
ary
VISITOR
21
20"
42'
58836°
35
31
Line of Easement
2,600
8
17.9 m2 STAFF
VISITOR
VISITOR
20
3.6 m2
9
3,800
14.5 m2 VISITOR
VISITOR 1,065 145
17
10
42"
21'
75827°
61
VISITOR
2,600
+4.175
VISITOR 12.5 m2
16
11
VISITOR 1,065 145
2,600
VISITOR
15
12
11.4 m2
VISITOR Outdoor Play
684.17m2
2,600
VISITOR
14
Existing Boundary
2,594
Garden Path and Pedestrian Pathway B
10.3 m2 26.8 m2
LANDSCAPED DRIVEWAY Accessible 2,100 Proposed Boundary Realignment
2,400
BIO-RETENTION 0.1 m2
17 m2
13
47"
53'
588154°
9
5.1 m2
47"
53'
146154°
4
152.4 m2
ack
46"
35'
950154°
2
Setb
ding 9
Buil 10,53
25"
1'
512153°
2
5"
37'
980150°
4
Bou
nda
12"
25'
980147°
4
ry
0
4,00
23"
48'
465145°
9
1"
16'
047139°
18
34"
56'
936130°
4
23"
22'
936127°
4
Revision Project Architect Stage Project No.
Site Plan - Open Space
11 Updated Drawings 27/03/2023 Noosa Early Learning Centre SC Development Approval 1187-03 Revision
12 Updated Drawings 28/03/2023 Lot 4 Noosa
13
14
15
Updated Drawings
Amended Carparking
Amended Carparking
4/04/2023
28/02/2024
1/03/2024
Client
Stockwell Development Group Pty Ltd
Drawn
AM
Status
Not For Construction (#Notes)
Scale
1:250 at A3
A-DA-01.02 15
(07) 3251 6900 [email protected] Elevation Architecture Pty Ltd ACN 606 170 807 © Copyright reserved this document is and shall remain the property of Elevation Architecture. Unauthorised use of this document in any form whatsoever is prohibited. All information to be printed in colour. Figured dimensions take precedence over scale dimensions. Contractors must verify all dimensions on site before commencing any work or making shop drawings. P:\Data 1\1187-05 Sanctuary Noosa Childcare Centre\5.2 Development Application\5.2.1 ArchiCAD\1187-05 Master DA 24_RFI.pln
Section 28
Landscaped Playscape
FNC-1
Landscaping
Bike
sd
sd
SERVICE
sd
sd
VISITOR/ TURNING
STAFF STAFF
sd
VISITOR
sd VISITOR STAFF
sd
Garden Path and Pedestrian Pathway
VISITOR
VISITOR STAFF
sd
VISITOR
VISITOR STAFF
Landscaping
sd
VISITOR
sd
sd
VISITOR STAFF
Vegetated Covenant
VISITOR
sd
VISITOR
STAFF
sd
VISITOR
VISITOR
STAFF
sd
DRIVEWAY
VISITOR
sd
sd
VISITOR
VISITOR
sd
VISITOR
sd
VISITOR
VISITOR
sd
sd
sd
VISITOR
VISITOR
VISITOR
sd
Arbour Arbour
Accessible
sd
sd
Bio-Retention
Seat
sd
sd
FNC-2
sd
sd
Landscaped Playscape
sd
sd
sd
sd
FNC-2
sd
Landscaping
sd
sd
sd
sd
sd
sd
sd
sd
Revision Project Architect Stage Project No.
SIte Plan - 3D
07 Updated Drawings 27/03/2023 Noosa Early Learning Centre SC Development Approval 1187-03 Revision
08 Updated Drawings 28/03/2023 Lot 4 Noosa
09
10
11
Updated Drawings
Amended Carparking
Amended Carparking
4/04/2023
28/02/2024
1/03/2024
Client
Stockwell Development Group Pty Ltd
Drawn
AM
Status
Not For Construction (#Notes)
Scale
1:250 at A3
A-DA-01.03 11
(07) 3251 6900 [email protected] Elevation Architecture Pty Ltd ACN 606 170 807 © Copyright reserved this document is and shall remain the property of Elevation Architecture. Unauthorised use of this document in any form whatsoever is prohibited. All information to be printed in colour. Figured dimensions take precedence over scale dimensions. Contractors must verify all dimensions on site before commencing any work or making shop drawings. P:\Data 1\1187-05 Sanctuary Noosa Childcare Centre\5.2 Development Application\5.2.1 ArchiCAD\1187-05 Master DA 24_RFI.pln
The text continues on section 29.
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