Notice of Submission to Noosa Council (30 August 2022) · MCU21/0201

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     mobility issues. The Application should be rejected until such time that sufficient parking amenities are included in the
     Construction Plan.

Design

6. The Construction Plans fall short of the Council Requirements pertaining to design. The Council Requirements refer to
   The Noosa Local Plan Code (“Local Code”) which ensures construction fosters streetscape improvement which is
   congruent with existing structures within the local area.

7. The Construction Plans are in clear breach of Acceptable Outcome AO14 of the Local Code. The Construction Plans
   remove the level 2 retail outlets of the current Premises to construct the short-term accommodation units. The removal
   of retail outlets undermines AO14(d), hindering social and business interactions for extended periods. Hastings Street
   already offer ample short-term accommodation, and the removal of retail outlets significantly impacts the viability of
   Hastings Street becoming a hub for business.

Disproportionately Impacting Business

8. Medical facilities of any kind are indispensable assets and necessities in a community, and the construction will
   adversely and disproportionately impact Releaf Noosa from carrying on business. Our patients attend our Clinic to
   receive medical attention to treat a host of physical and mental ailments. The Construction Plans propose a large-
   scale construction project which will cause ongoing disruptions to our business. The proposed work will require
   scaffolding, heavy machinery, and several tradespeople to complete the construction.

9. The undue noise and sounds omitted from the Construction Site will disrupt patient experience, impact the
   atmosphere our business is predicated on and affect our profitability. The use of scaffolding and heavy machinery will
   also impact our visibility from the street and impact foot traffic, a resource tourist locations such as Noosa are reliant
   on. The Construction Plan’s will also be detrimental to the health and wellbeing of the Noosa community, limiting the
   exposure of a Medical Centre to community members who require assistance.

10. Construction, and in particular the use of heavy machinery and scaffolding, can cause substantial dust contamination,
    and can result in an accumulation of fungal spores. The primary demographic of Releaf patients are vulnerable
    members of the community who suffer from physical and mental ailments, and subsequently require medication to
    assist with pain maintenance. The introduction of harmful or toxic spores could potentially exacerbate existing
    conditions, and/or vastly threaten patients with respiratory problems.

11. Construction, at the best of times, can be protracted and delayed due to extraneous circumstances, and any
    interruption or delay will adversely and directly impact Releaf Noosa’s business capacity. The risks associated with
    construction is of particular concern when conducted around vulnerable members of the community, and regulatory
    scrutiny would need to exceed traditional construction standards.

Tenants

12. The prospect of short-term accommodation in any popular holiday destination invites the risk of unruly behaviour,
    excessive noise and a ‘party’ atmosphere. Such interruptions will directly impact Releaf Noosa’s ability to administer
    care and pain management to patients, and may impact the experience of the patient, resulting in a loss of clientele
    and profit.

For the reasons stated above, we determine that the Noosa Council should intervene until such time that the Construction
Plans address the above submissions.

Yours faithfully,



Kimble Stynes


(if necessary, use separate sheet of paper and attached)

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Privacy
Council will use any personal information provided for the intended purpose only and for remaining in contact with you. Council is authorised to collect
this information in accordance with the Local Government Act 2009 and other Local Government Acts. Your personal information is only accessed by
persons authorised to do so. Your personal information is dealt with in accordance with council’s privacy policy.


www.noosa.qld.gov.au                        [email protected]                       T 07 5329 6500
PO Box 141 Tewantin Qld 4565                                                            ABN 97 969 214 121

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                                                  Officer:            Maxwell Potter
                                                  Direct Telephone:   07 5329 6334
                                                  Our Reference:      MCU21/0201
                                                  Your Reference:     21-161

1 December 2021


JVL Investment Group
C/- Plan A Town Planning Pty Ltd
PO Box 1661
MILTON QLD 4064
[email protected]



Dear Sir/Madam,
                                  Information Request
                                      Planning Act 2016

I refer to your application and advise that Council requires further information to satisfactorily
assess the proposal.
1.    APPLICATION DETAILS

 Application No.               MCU21/0201

 Street Address:               9 Hastings St & 11-19 Hastings St Noosa Heads

 Real Property Description:    Lot 4 RP 893438, Lot 2 SP 263999

 Planning Scheme:              Noosa Plan 2020 (25 September 2020)

2.    INFORMATION REQUIRED

The information requested is set out below:
Issue – Plot Ratio
The proposal results in additional gross floor area. Performance Outcome PO12 of The Tourist
Accommodation Zone Code permits a maximum plot ratio of 1.12:1. The application material
has not addressed these requirements.
Information Required
1.    Provide an assessment of the plot ratio and provide plan calculations demonstrating that
      the proposal complies with Performance Outcome PO12 of the Tourist Accommodation
      Zone Code.
Issue - Setbacks
It appears that the second and third storey is not setback to the front boundary. Although the
plans are not clear in this respect. The Tourist Accommodation Zone Code requires a setback
of 2 metres (average 4 metres) for the second storey and 7 metres of the third storey from the
front boundary.
A variation to the required second and third storey setback is not consistent with the
predominant character of the surrounding area. It is important to maintain the visual continuity
and pattern of buildings and landscape elements within Hastings Street.


                              PO Box 141                   P. (07) 5329 6500           [email protected]
                              TEWANTIN QLD 4565            F. (07) 5329 6501           www.noosa.qld.gov.au
                                                                                                  Page 1 of 3

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A setback of less than 2 & average 4 metres for the second storey and 7 metres for the third
storey to the front boundary to Hastings Street is not supported by Council.
Information Required
2.     Provided amended plans showing the third storey setback 7 metres from the front
       boundary to Hastings Street.
Issue – Design
The Noosa Local Plan Code require development adjacent to primary streetscape areas (as
identified in the Hastings Street Strategic Framework and Character Plan) to provide for
development that facilitates streetscape improvements and complement existing or proposed
streetscape in the local area. Acceptable Outcome AO7.5 of the Noosa Heads Local Plan
Code states that design can be achieved through the following:
     (a) Incorporate articulated roof forms which are visible from the street;
     (b) Incorporate a mix of lightweight and textured external building materials or materials
         that reflect the natural environment such as timber and rock face;
     (c) Provide variation through articulation, texture and detailing;
     (d) Incorporate verandahs, open balconies or shaded patios for outdoor living, with open,
         transparent or semi-open balustrades;
     (e) Use understated colour schemes and low-reflective roofing and cladding materials
The proposal does not comply with (a), (b) and (c). Nor does it comply with AO3.2 and
corresponding Performance outcome PO3 where development is to contribute to the
establishment of attractive streetscapes to enhance the character of Noosa Heads. Please
note that appropriate building setback will assist in the regard. Refer to Item 2 of this
Information request.
Moreover, the Overall Outcome (h) requires that development is of a high design quality,
incorporating low rise contemporary sub-tropical building and landscape design that
emphasises the casual outdoor lifestyle.
The proposed design present as substantial bulk to Hastings Street and does not comprise a
sub-tropical design and therefore does not comply with these outcomes of the Noosa Heads
Local Plan Code.
Further, the Tourist Accommodation Zone Code seeks:
AO14.8 - Subtle changes in colours, textures and materials are used to break up the building
facades and complement the natural environment.
PO14 - Development: has a form and architectural scale that does not dominate the
streetscape or the surrounding properties;
PO 15 – Development with frontage to Hastings Street presents a particularly high quality
streetscape with design elements and building forms that contribute to the creation of an
attractive, contemporary coastal built form that defines rather than dominates, the street and
public spaces;
It is noted that the design does not comprise colours, textures and materials which
complement the natural environment and therefore does not contribute to the creation of an
attractive, contemporary coastal built form that defines rather than dominates, the street and
public spaces.
The current design is not supported.
Information Required
3.     Provide amended plans which show compliance with the following provisions in the
       planning scheme:




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      i.      Noosa Heads Local Plan Code: AO3.2, AO7.5, AO11, PO3, PO7, PO11 and
              Overall Outcome (h).
      ii.     Tourist Accommodation Zone Code: AO14.8, PO14 and PO15.
Issue – Parking Layout
The application material does not clearly indicate where the 9 parking spaces for short-term
accommodation units will be provided.
Information Required
4.    Provide a plan detailing the location of all onsite car parks including the location of 9
      parking spaces for the short-term accommodation units.
Issue – Access
Acceptable Outcome AO23.1 of the Visitor Accommodation Code requires that mixed use
building formats ensure business or entertainment customers and patrons do not have access
to areas that are intended for the exclusive use of residential guests.
The proposed plans indicate that access to the short-term accommodation units is provided
from Hastings Street and can be accessed by customers of the ground floor tenancies.
The proposal therefore does not comply with AO23.1 of the Visitor Accommodation Code.
Information Required
5.    Provide amended plans that address AO23 or PO23 of the Visitor Accommodation
      Code.
3.    DUE DATE FOR RESPONSE TO INFORMATION REQUEST

The due date for providing the requested information is 17 March 2022. Email your response
to [email protected]. Please advise Council of your response to this information request
in accordance with section 13 of the Development Assessment Rules.
If you do not provide a response before the due date, it will be taken as if you have decided
not to respond to the information request and Council will continue with the assessment of
your application.
4.    OTHER DETAILS

You can follow the progress of this application online at www.noosa.qld.gov.au. The “Online
Services” page can be accessed via "Quick Links" on the left hand side of the screen.
Should you have any further queries in relation to the above, please do not hesitate to contact
me on the number above.
Yours faithfully,




Maxwell Potter
Graduate Development Planner




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