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Planning & Environment Court Appeal No. 3156 Of 2023 – Application For A Material Change Of Use For Health Care Service And Hospital At 47 Goodchap Street, Noosaville · Attachment 1 – MCU22 0131 – Development Assessment Manager’S Report
GENERAL COMMITTEE MEETING REPORT 15 JANUARY 2024 ATTACHMENT 1 – MCU22/0131 – DEVELOPMENT ASSESSMENT MANAGER’S REPORT REPORT At the Ordinary meeting on 21 September 2023 Council refused a development application for material change of use for Health care service and Hospital at 47 Goodchap Street, Noosaville for the following reasons: 1. The proposal conflicts with Section 3.3.2, strategic outcomes (k), (n) and Section 3.3.3, strategic outcome (a) of the Strategic Framework as: a. The proposal expands health care services further along Goodchap Street beyond the Noosa Hospital site and into a residential area. b. The proposal is located on land zoned for housing, removes a lot that is well suited for residential development and is needed to cater for future housing. 2. The proposal is contrary to overall outcomes (o), (p) & (q) of the Tewantin Local Plan Area Code and overall outcomes (h), (n) and acceptable outcome AO16.3 of the Noosaville Local Plan Code as: a. The proposal expands health services into an area zoned for low density housing and on a large, well located site with significant opportunities to create further housing. b. The land is not committed or planned for community purposes. c. The proposal does not maximise or make more efficient use of the Noosa Hospital site and is not located on land identified for the growth of health and medical services. 3. The proposal is contrary to overall outcomes (a), (c), (g), (j) and performance outcomes PO1, PO2 of the Low Density Residential Zone Code as: a. The proposal is not residential being identified as a community activity under the Noosa Plan and is of a scale and design that is incompatible with and will impact adversely on nearby residents’ amenity. b. The proposal offers no integration or internal connection with the Noosa hospital. c. The proposal is not small scale and will service the wider community and not just local residents. 4. The proposal is contrary to overall outcomes (a), (b), (c), (d), (e), (f) and performance and acceptable outcomes PO1, PO3, AO3, PO5, A)5, PO8 of the Community Activities Code as: a. The proposal is not integrated with the hospital or co-located on the Noosa Hospital site. b. The proposal is of a type, scale and intensity that is not consistent with surrounding development and character of the area and zone, includes substantial infrastructure to the site’s frontage and will remove mature native trees that significantly contribute to the streetscape. c. The proposal is likely to have significant adverse impacts on the amenity enjoyed by adjoining and nearby residents with insufficient buffering proposed for residents. Page 1 of 5
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GENERAL COMMITTEE MEETING REPORT 15 JANUARY 2024
5. The proposal is contrary to overall outcomes (a), (b) and PO6 of the Driveways and Parking
Code as insufficient car parking has been provided to accommodate the number and type
of vehicles likely to be generated by the development.
6. The proposal does not comply with performance and acceptable outcome PO6, AO6.1 of
the Water Quality and Drainage Code as the site discharges into Lake Doonella which is of
high ecological value and it has not been demonstrated the development will not cause an
increase in gross pollutants, total suspended solids, total phosphorous or total nitrogen
compared to a pre-development scenario as required.
7. There is no planning need for the site to be developed for the proposed community activity
given there are other approved medical and health centres that are yet to establish and
other areas where the use could locate consistent with the scheme’s zoning pattern 8. The
site ought to be retained for housing, with lots of this potential rare in Noosa Shire.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court. The applicant seeks that the development be approved
subject to reasonable and relevant conditions.
The application sought approval to develop a Low Density Residential zoned site to establish a
Hospital and Health Care Service (day surgery and associated medical facilities).
The proposal results in two distinct buildings on site:
• A single storey infusion centre located at the front of the site.
• A two-storey day surgery located over basement carparking to the rear of the site.
The buildings include reception and waiting areas, administrative and staff amenities area,
equipment and supply storage, recovery areas, waste storage and plant.
Key development parameters include:
• Total GFA – 1536m2 comprising:
o Health care service (front building) 453m2
o Hospital (rear building) 1083m2 • Site cover – 40%
• Height – 8 metres from natural ground
•
• External building materials include brickwork, steel cladding profile, aluminium battens
• Carparking – 40 spaces plus 2 motorcycle, ambulance bay and two drop off spaces • Bicycle
parking
• Open rear service area
• Loading dock, waste compactor and generator along southern side boundary
• Underground water tanks
• Pad mount substation and hydrants across front of site
• Existing tree in the north western corner to be retained
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GENERAL COMMITTEE MEETING REPORT 15 JANUARY 2024
Figure 1 – Locality Plan
Figure 2 – Site Plan
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GENERAL COMMITTEE MEETING REPORT 15 JANUARY 2024
The site currently contains a residential dwelling and shares its boundaries with 7 residential
properties as well as the Noosa Hospital. Under the Noosa Plan 2020 it is zoned Low Density
Residential and is intended to house permanent residents and maintain a high level of amenity.
The proposed development is inconsistent with the site’s zoning intent and is contrary to many
provisions in the planning scheme including the Strategic Framework, Local Plans for Tewantin &
Noosaville and the applicable Use code, which all seek that the use of the hospital site is
maximised, and opportunities are explored for a more efficient use of the existing hospital site to
meet the current and future health needs of the community.
The proposed health facilities and day surgery could be accommodated, consistent with current
Community Facilities and Major Centre zonings, on a number of other sites within the Shire
including the Noosa Business Centre, Noosa Junction, the Mary Street/Thomas Street health
precinct and Maple Street Cooroy, negating the need to extend health services further into
residential zoned properties along Goodchap Street.
The proposal is not consistent with the residential zoning and sterilises the existing residential lot
which is zoned for residential development and needed to cater for future housing.
The proposed development is of a scale and character that is likely to adversely impact on
residents’ amenity and the streetscape with a number of nearby residents raising concerns with
the proposal. The applicant has failed to demonstrate that sufficient parking will be provided on
site to meet the likely parking demands, and this is critical given the impacts the existing hospital
car parking overflow is having on Goodchap Street and residents.
The matter is in order for Council to defend the appeal and the recommendation is worded
accordingly.
Previous Council Consideration
Not Applicable
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
McCullough Robertson – Troy Webb
Internal Consultation
Departments/Sections 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
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GENERAL COMMITTEE MEETING REPORT 15 JANUARY 2024
Strategy & Environment & Development & Regulation Infrastructure Services
Sustainable Development
Director Director Director
Strategic Land Use Planning x Development Assessment Infrastructure Planning, Design
and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health Asset Management
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
Waste
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