Owner's Consent (SCRC) - Development Application for Outdoor Dining MCU13/0069

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Council’s consent does not remove the obligation on the Applicant to obtain all necessary
approvals from relevant regulatory authorities.

Any approval granted by the assessment manager does not replace the requirement for the
applicant to abide by the conditions placed on tenure or use arrangements approved for the
site (e.g. Lease, Management Agreement, Local Law Permit, etc).

If further details are required, please contact me on 5420 8764.
Yours faithfully

hi~ Blower

Kathy Howard
Corporate Land Manager

ATTACHMENT

1. Development Application

W:\SCC\FB\PBS\Corp_Land\Property Mgt\Owners Consent Appins\2013\Noosa Sound 90 Noosa Parade - MCU for Outdoor Dining Permits\Reply to Martoo Consulting on
behalf of Ogilvie and Bacon - Consent granted 030613lw.doc

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Doct C34 4055

fd
IDAS form 1—Application details

(Sustainable Planning Act 2009 version 2.0 effective 17 December 2012)

This form must be used for ALL development applications.

You MUST complete ALL questions that are stated to be a mandatory requirement unless otherwise identified on this
form.

For all development applications, you must:
e complete this form (IDAS form 1—Application details)
e complete any other forms relevant to your application

e provide any mandatory supporting information identified on the forms as being required to accompany your
application.

Attach extra pages if there is insufficient space on this form.

All terms used on this form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning
Regulation 2009.

This form and any other IDAS form relevant to your application must be used for development applications relating to
strategic port land and Brisbane core port land under the Transport Infrastructure Act 1994 and airport land under the
Airport Assets (Restructuring and Disposal) Act 2008. Whenever a planning scheme is mentioned, take it to mean land
use plan for the strategic port land, Brisbane core port land or airport land.

PLEASE NOTE: This form is not required to accompany requests for compliance assessment.

 

This form can also be completed online using eDA at www.smarteda.qid.gov.au

 

 

Mandatory requirements

 

 

 

Applicant details (Note: the applicant is the person responsible for making the application and need not be the owner
of the land. The applicant is responsible for ensuring the information provided on all |IDAS application forms is correct.
Any development permit or preliminary approval that may be issued as a consequence of this application will be issued
to the applicant.)

 

 

 

 

 

 

Names (individual or company name in full) Ogilvie Bacon Partnership
For companies, contact name C/ Martoo Consulting
Postal address Po Box 1684

 

 

 

Suburb Noosa Heads
State | Qid Postcode 4567
Country (if other than Australia)

 

 

 

 

 

 

 

Contact phone number 54472550

 

 

 

 

Mobile number (non-mandatory requirement)

 

Page 6

Fax number (non-mandatory requirement) 54553322

e-mail address (non-mandatory requirement) nadine

Applicant’s reference number (non-mandatory | 01290
requirement)

 

 

 

 

@ martooconsulting.com

 

 

 

 

 

 

 

 

 

Table A~—Aspect 1 of the application (If there are additional aspects to the application please list in Table B—Aspect 2.)

 

a)

b)

¢)

d)

What is the nature of the development? (Please only tick one box.)
v Material change of use —_ [_] Reconfiguring a lot [J Building work [_] Operational work

What is the approval type? (Please only tick one box.)

[_] Preliminary approval (J Preliminary approval ¥ Development permit
under s241 of SPA under s241 and s242
of SPA

Provide a brief description of the proposal, including use definition and number of buildings or structures where
applicable (e.g. six unit apartment building defined as a multi-unit dwelling, 30 lot residential subdivision etc.)

 

 

Entertainment and Dining Business - Type 1 Food & Beverages (Outdoor dining areas)

 

 

Whatis the level of assessment? (Please only tick one box.)

v Impact assessment [_] Code assessment

 

 

Table B—Aspect 2 of the application (If there are additional aspects to the application please list in Table C—Additional
aspects of the application.)

 

 

a)

b)

What is the nature of development? (Please only tick one box.)

LC] Material change of use im Reconfiguring a lot C Building work Cc] Operational work

What is the approval type? (Please only tick one box.)

C] Preliminary approval LC] Preliminary approval E] Development
under s241 of SPA under $241 and $242 permit
of SPA

Provide a brief description of the proposal, including use definition and number of buildings or structures where
applicable (e.g. six unit apartment building defined as a multi-unit dwelling, 30 lot residential subdivision etc.)

 

 

 

 

What is the level of assessment?

[-] Impact assessment [_] Code assessment

 

 

Page 7

 

 

Table C—Additional aspects of the application (if there are additional aspects to the application please list in a
separate table on an extra page and attach to this form.)

 

Cc] Refer attached schedule | Not required

 

 

 

 

 

v No—continue to question 3
Cc] Yes—complete Table D and then go to question 6

 

Table D—name of each local government area in which the mobile and temporary ERA is proposed to operate

 

 

 

3. Location of the premises (Complete Tak

 

E and/or Table F as applicable. Identify

 

 

 

Table E—street address and lot on plan for the premises or street address and lot on plan for the land adjoining or
adjacent to the premises. (Note: this table is to be used for applications involving taking or interfering with water).
(Attach a separate schedule if there is insufficient space in this table.)

 

“ Street address and lot on plan (All lots must be listed.)

O Street address and lot on plan for the land adjoining or adjacent to the premises (Appropriate for
development in water but adjoining or adjacent to land, e.g. jetty, pontoon. All lots must be listed)

 

 

 

 

 

Street address Lot on plan Local government area
description (e.g. Logan, Cairns)
Lot Unit Street Street name and official Post- Lot no. Plan type
no. no. suburb/ locality name code and plan no.
i) 90 Noosa Parade, Noosa 4567 Lot 32 N21854 Sunshine Coast
Heads
ii)
iii)

 

 

 

 

 

 

 

Planning scheme details (If the premises involves multiple zones, clearly identify the relevant zone/s for each lot in a
separate row in the below table. Non-mandatory.)

 

Lot Applicable zone / precinct Applicable local plan / precinct Applicable overlay/s

 

 

i) Open Space Recreation Noosa Heads Locality

 

 

 

 

 

 

3 IDAS form 7

 

Page 8

 

 

 

Table F—premises coordinates (Appropriate for development in remote areas, over part of a lot or in water not
adjoining or adjacent to land e.g. channel dredging in Moreton Bay.) (Attach a separate schedule if there is insufficient
space in this table.)

 

 

 

Coordinates Zone Datum Local government
(Note: place each set of coordinates in a separate row.) reference area (if applicable)
Easting Northing Latitude Longitude

L] epaga

L] wese4

[1 other

 

 

 

 

 

 

 

 

 

 

 

  

 

3 (e.g. vacant land, house, apartment building, cane farm etc.)

 

 

Park (recreation) and outdoor dining areas

 

 

6. Are there any current approvals (e.g. a preliminary approval) associated with this application? (Non-
mandatory requirement.)

 

vy No CJ Yes—provide details below

 

List of approval reference/s Date approved (dd/mm/yy) Date approval lapses (dd/mm/yy)

 

 

 

 

 

 

7. ls owner’s consent required for this application? (Refer to notes at the end of this form for more information.)

[-] No

ra Yes—complete either Table G, Table H or Table | as applicable

 

 

Table G
Name of owner/s of the land Sunshine Coast Regional Council aS trustee,

We, the above-mentioned owner/s of the land, consent to the making of this application.

Signature of owner/s of the land Si kn
igned by LATA”. Hows
Delegated Officer forand on behal ofthe = (hr. /

2

Ae

 

 

 

Date Sunshine Coast Regional Council

 

 

Table H

 

 

Name of owner/s of the land

 

CI] The owner's written consent is attached or will be provided separately to the assessment manager

 

 

Table |

 

 

 

Name of owner/s of the land

 

IDAS form 1A

Vers ecember 2012

Page 9

 

| By making this application, |, the applicant, declare that the owner has given written consent to the making of the
application.

 

 

 

 

[-] No [_] Notidentified whether or ~ Yes—complete Table J
not the application
involves a State
resource

 

Table J

 

Nature of State-owned resource (if identified)

 

Park RES19416

 

 

 

 

9. Identify if any of the following apply to the premises (Tick applicable box/es.)

 

Adjacent to a water body, watercourse or aquifer (e.g. creek, river, lake, canal)—complete Table K
On strategic port land under the Transport Infrastructure Act 1994—complete Table L

In a tidal water area—complete Table M

On Brisbane core port land under the Transport Infrastructure Act 1994 (no table requires completion)

OOOO %

On airport land under the Airport Assets (Restructuring and Disposal) Act 2008 (no table requires completion)

 

Table K

 

Name of water body, watercourse or aquifer

 

 

 

 

 

 

 

 

Noosa River

Table L

Lot on plan description for strategic port land Port authority for the lot

Table M

Name of local government for the tidal area (if applicable) Port authority for the tidal area (if applicable)

 

 

 

 

410. Are there any existing easements on the premises? (e.g. for vehicular access, electricity, overland flow, water
etc.)

 

¥ No LC] Yes—ensure the type, location and dimension of each easement is included in the plans submitted

 

 

 

11. Does the proposal include new building work or operational work on the premises? (including any services.)

 

LC] No v  Yes—ensure the nature, location and dimension of proposed works are included in plans submitted

5 IDAS form 1A

 

Page 10

 

ie

v¥ No—go to question 14 [] Yes

 

v No

Yes—complete Table N and submit with this application the yellow local government/private certifier's copy of the
receipted QLeave form

 

Table N

 

Amount paid Date paid QLeave project number (6 digit number starting with A, B, E, L or P)
(dd/mm/yy)

 

 

 

 

 

 

 

 

 

[-] Yes—please provide details below

 

Name of local government Date of written notice given | Reference number of written notice given
by local government by local government (if applicable)
(dd/mm/yy)

 

 

 

 

 

 

 

 

 

 

 

 

 

Description of attachment or title of attachment Method of lodgement to
assessment manager

Form 5 Over the counter

Martoo Consulting Planning Report 01290 - A Over the counter

Cheque Over the counter

Sunshine Coast Regional Council Application for Owners Consent Over the counter

Sunshine Coast Regional Council Fee Quote Over the counter

 

 

 

46. Applicant’s declaration

 

 

¥ By making this application, | declare that all information in this application is true and correct (Note: it is unlawful to
provide false or misleading information.)

 

 

 

Notes for completing this form

6 IDAS form 4

Page 11

e Section 261 of the Sustainable Planning Act 2009 prescribes when an application is a properly made application.
Note, the assessment manager has discretion to accept an application as properly made despite any non-
compliance with the requirement to provide mandatory supporting information under section 260(1)(c) of the
Sustainable Planning Act 2009.

Question 7

e Section 263 of the Sustainable Planning Act 2009 sets out when the consent of the owner of the land is required for
an application. Section 260(1)(e) of the Sustainable Planning Act 2009 provides that if the owner’s consent is
required under section 263, then an application must contain, or be accompanied by, the written consent of the
owner, or include a declaration by the applicant that the owner has given written consent to the making of the
application.

e Owner's consent is not required for a mobile and temporary ERA.

Question 8

e Ifadevelopment application involves a State resource, the application is not required to be supported by evidence
of resource entitlement. The allocation or entitlement to the resource is a separate process and should be obtained
prior to development commencing.

Question 12

e The Building and Construction Industry (Portable Long Service Leave) Act 1991 prescribes when the portable long
service leave levy is payable.

e The portable long service leave levy amount and other prescribed percentages and rates for calculating the levy
are prescribed in the Building and Construction Industry (Portable Long Service Leave) Regulation 2002.

Question 13

e The portable long service leave levy need not be paid when the application is made, but the Building and
Construction Industry (Portable Long Service Leave) Act 1991 requires the levy to be paid before a development
permit is issued.

e Building and construction industry notification and payment forms are available from any Queensland post office or
agency, on request from QLeave, or can be completed on the QLeave website at www.qleave.qid.gov.au. For
further information contact QLeave on 1800 803 481 or visit www.qleave.qid.gov.au.

Privacy—The information collected in this form will be used by the Department of State Development, Infrastructure
and Planning (DSDIP), assessment manager, referral agency and/or building certifier in accordance with the
processing and assessment of your application. Your personal details will not be disclosed for a purpose outside of the
IDAS process, except where required by legislation (including the Right to Information Act 2009) or as required by
Parliament. This information may be stored in relevant databases. The information collected will be retained as
required by the Public Records Act 2002.

 

OFFICEUSEONLY a
Date received Reference numbers

 

 

 

NOTIFICATION OF ENGAGEMENT OF A PRIVATE CERTIFIER

To Council. | have been engaged as the private certifier for the
building work referred to in this application

 

 

 

 

BSA Certification license Building

Date of engagement |Name number classification/s

 

 

 

 

 

QLEAVE NOTIFICATION AND PAYMENT (For completion by assessment manager or private certifier if
applicable.)

 

-— QLeave project Amount paid ae
Description of the wail number (3) Date paid

Date receipted |Name of officer who
form sighted by |sighted the form

 

 

 

 

 

 

’ IDAS form 1— Applicati

 

Page 12

 

assessment
manager

 

 

 

 

 

 

 

 

 

The Sustainable Planning Act 2009 is administered by the Department of State Development, Infrastructure and
Planning. This form and all other required application materials should be sent to your assessment manager and any
referral agencies.

oO

IDAS form 1 Apt

Page 13

 

IDAS form 5—WMaterial change of use assessable
against a planning scheme

(Sustainable Planning Act 2009 version 2.1 effective 1 April 2013)

This form must be used for development applications for a material change of use assessable against a planning
scheme.

You MUST complete ALL questions that are stated to be a mandatory requirement unless otherwise identified on this
form.

For all development applications, you must:
e complete /DAS form 1—Application details
e complete any other forms relevant to your application

e provide any mandatory supporting information identified on the forms as being required to accompany your
application.

Attach extra pages if there is insufficient space on this form.

All terms used on this form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning
Regulation 2009.

This form must also be used for material change of use relating to strategic port land and Brisbane core port land under
the Transport Infrastructure Act 1994 and airport land under the Airport Assets (Restructuring and Disposal) Act 2008.
Whenever a planning scheme is mentioned, take it to mean land use plan for the strategic port land, Brisbane core port
land or airport land.

 

This form can also be completed online using eDA at www.smarteda.qid.gov.au

 

 

Mandatory requirements

 

 

1. How is the proposed use/s defined in the applicable planning scheme? (Note: this is to provide additional detail
to the information provided in question 1 of [DAS form 1—Application details) (Attach a separate schedule if there is
insufficient space in this table.)

 

 

 

General explanation of the Planning scheme No. of dwelling units | Days and No. of
proposed use definition (include each (if applicable) or hours of employees
definition in a new row) gross floor area (if operation (if applicable)
(non mandatory) applicable) (if applicable)
Outdoor dining Type 1 Food & Beverages | 158m2 7 days a
week.
11am to 12
midnight

 

 

 

 

 

 

 

 

 

 

IDAS form §

 

Page 14

 

¥ No [] Yes—provide details below

 

List of approval reference/s Date approved (dd/mm/yy)

Date approval lapses (dd/mm/yy)

 

 

 

 

 

 

 

 

The reuse of existing buildings on the premises ” No id
New building work on the premises CO No v

The reuse of existing operational work on the premises ws No ei
New operational work on the premises Re No oO

Yes

Yes
Yes

Yes

 

    

rh

 

 

 

Mandatory supporting information

Confirmation of | Method of
lodgement lodgement

 

All applications

 

A site plan drawn to an appropriate scale (1:100, 1:200 or 1:500 are

recommended scales) which shows the following:

e the location and site area of the land to which the application relates

(relevant land)

the north point

the boundaries of the relevant land

any road frontages of the relevant land, including the name of the road

the location and use of any existing or proposed buildings or structures

on the relevant land (note: where extensive demolition or new buildings

are proposed, two separate plans (an existing site plan and proposed site

plan) may be appropriate)

® any existing or proposed easements on the relevant land and their
function

e the location and use of buildings on land adjoining the relevant land

e all vehicle access points and any existing or proposed car parking areas
on the relevant land. Car parking spaces for persons with disabilities and
any service vehicle access and parking should be clearly marked
for any new building on the relevant land, the location of refuse storage
the location of any proposed retaining walls on the relevant land and their
height

e the location of any proposed landscaping on the relevant land

e the location of any stormwater detention on the relevant land.

¥ Confirmed

 

A statement about how the proposed development addresses the local
government's planning schemes and any other planning documents relevant
to the application.

¥ Confirmed

 

 

A statement about the intensity and scale of the proposed use (e.g. number
of employees, days and hours of operation, number of visitors, number of
seats, capacity of storage area etc.).

 

¥ Confirmed

 

 

IDAS form §

 

 

Page 15

  

 

 

 

information that states:

e the existing or proposed floor area, site cover, maximum number of
storeys and maximum height above natural ground level for existing or
new buildings (e.g. information regarding existing buildings but not being
reused)

e the existing or proposed number of on-site car parking bays, type of
vehicle cross-over (for non-residential uses) and vehicular servicing
arrangement (for non-residential uses).

¥ Confirmed
C] Not applicable

 

When the application involves the reuse of existing buildings

 

Plans showing the size, location, existing floor area, existing site cover,
existing maximum number of storeys, and existing maximum height above
natural ground level of the buildings to be reused.

(_] Confirmed
Y Not applicable

 

When the application involves new building work (including extensions)

 

Floor plans drawn to an appropriate scale (1:50, 1:100 or 1:200 are
recommended scales) which show the following:
the north point

the intended use of each area on the floor plan (for commercial, industrial
or mixed use developments only)

e the room layout (for residential development only) with all rooms clearly
labelled

the existing and the proposed built form (for extensions only)
the gross floor area of each proposed floor area.

¥ Confirmed

 

Elevations drawn to an appropriate scale (1:100, 1:200 or 1:500 are
recommended scales) which show plans of all building elevations and
facades, clearly labelled to identify orientation (e.g. north elevation)

¥ Confirmed

 

Plans showing the size, location, proposed site cover, proposed maximum
number of storeys, and proposed maximum height above natural ground level
of the proposed new building work.

¥ Confirmed
[_] Not applicable

 

When the application involves reuse of other existing work

 

Plans showing the nature, location, number of on-site car parking bays,
existing area of landscaping, existing type of vehicular cross-cover (non-
residential uses), and existing type of vehicular servicing arrangement (non-
residential uses) of the work to be reused.

C] Confirmed
¥ Not applicable

 

When the application involves new operational work

 

Plans showing the nature, location, number of new on-site car parking bays,
proposed area of new landscaping, proposed type of new vehicle cross-cover
(non-residential uses), proposed maximum new vehicular servicing
arrangement (non-residential uses) of the proposed new operational work.

 

 

EL] Confirmed
¥ Not applicable

 

IDAS form 5

 

 

Page 16

Privacy—Please refer to your assessment manager, referral agency and/or building certifier for further details on the use
of information recorded in this form.

 

 

OFFICE USE ONLY

 

Date received

 

Reference numbers

 

 

The Sustainable Planning Act 2009 is administered by the Department of State Development, Infrastructure and
Planning. This form and all other required application materials should be sent to your assessment manager and any

referral agencies.

Department of State Development, Infrastructure and Planning

PO Box 15009 City East Qld 4002
tel 13 QGOV (13 74 68)

in dsdip.<

      

www.dsdip.qld.gov.au

IDAS form 5

 

 

 

 

Page 17

 

 

shine Coast Regional Council

Sunshine Coast

Council vanwaunshinecoast al. gov.a
Officer: Glen Conforti
Direct Telephone: (07) 54495379
Our Reference: GC:GC:
Your Reference: Sound Park

22 February 2013

Dear Nadine

FEE QUOTE FOR OUTDOOR DINING AT PROPERTY NO. 134000 - SOUND PARK, 90
NOOSA PARADE, NOOSA HEADS

| refer to your request for a fee quote for outdoor dining area in Sound Park and advise that
the fee is $813 per outdoor dining area e.g. the fee for 4 outdoor dining areas would be
$3252.

Please note that this quote is only valid for three months from the date of this letter, after
which time a fresh request must be lodged and the fee will be reviewed.

A copy of this letter must be lodged with Council when the subject application is lodged.

Should you require any further information, Council’s Regional Strategy and Planning
Department may be contacted on the above telephone number.

Yours faithfully
K Cog he.

KERRI COYLE
COORDINATOR PLANNING ASSESSMENT - NORTH

Page 18

boc i LAKE |

    
   
   

al

Our Reference: 01290 LO7 NG =e

Our Contact: Nadine Gorton ’ .
consulting m

16" April 2013 pty ltd
town planners +
urban designers
+ surveyors

Chief Executive Officer ABN: 62 287 949 725

Sunshine Coast Council

Locked Bag 72

Sunshine Coast Mail Centre Q 4560

ATTENTION: ENVIRONMENT AND PLANNING DEPARTMENT

Dear Sir/Madam,

RE: LODGMENT OF APPLICATION

Development Application — Material Change of Use of Premises for Entertainment and Dining
Type 1 Food & Beverages (Outdoor Dining) over Land situated at Sound Park, 90 Noosa
Parade, Noosa Heads described as Lot 32 on N21854.

Please find enclosed a development application for the above proposal which has been prepared in
accordance with the Sustainable Planning Act 2009 and lodged with your Council as the Assessment
Manager of this application.

The enclosed development application includes:

Four (4) copies of the Proposal Report including Proposal Plan and Locality Plan;
completed IDAS Forms 1 and 5;

completed Sunshine Coast Council Application for Owners Consent Form;
Councils fee quote letter of 22™ February 2013;

cheque for $4065.00 which is understood to be Council’s application fee as the
Assessment Manager.

esc4eee

Please contact our Sunshine Coast office if you require any further information and/or clarification.

Yours faithfully,

Nadine Gorton

Senior Planner
martoo consulting pty ltd

   
 

  

SUNSHINE COAST OFFICE GYMPIE OFFICE
1/199 GYMPIE TERRACE NOOSAVILLE - PO BOX 1684 NOOSA HEADS Q 4567 38 NASH STREET GYMPIE - PO BOX 391 GYMPIE Q 4570
TELEPHONE $425 - FACSIMILE 07 54555725 TELEPHONE 0 - FACSIMILE 07 54824952

 

Page 19

 

 

 

 
 
 
 

Ht,

===

martoo
PROPOSAL REPORT consons

 

 

town planners +
urban designers
+ surveyors

Development Application seeking a ABN: 62287 240725

Application for Material Change of Use
— Entertainment & Dining Business -
Type 1 Food & Beverages (Outdoor
Dining) at

90 Noosa Parade, Noosa Heads and described as
Lot 32 on N21854

 

Applicant:
Ogilvie Bacon Trust

Prepared: January 2013 R01290-A

YE COAST OFFICE GYMPIE OFFIC!
1 TERRACE hogy mil 6 EO BOX 1 1684 NOOSA HEADS G 4567 38 NASH STRE!
O07 54555725 TELE e

 

 

PIE - PO BOX 39 EGYMPIE O4 70
0 - FACSIMILE 07 5482¢ 952

 
 

 

Page 20

Application for Material Change of Premises for
Entertainment & Dining Business - Type 1 Food &
Beverages (Outdoor Dining)

Prepared for

Ogilvie Bacon Trust

Prepared by

Martoo Consulting Pty Ltd

13/6 Bottlebrush Ave Noosa Heads Q 4567 PO Box 1684 Noosa Heads Q 4567
T +61 7 54472550 F +61 7 5455 3322

© Martoo Consulting Pty Ltd 2010

The information contained in this document produced by Martoo Consulting Pty Ltd is solely for the use of the Client
identified on the cover sheet for the purpose for which it has been prepared and Martoo Consulting Pty Ltd undertakes no
duty fo or accepts any responsibility to any third party who may rely upon this document.

All rights reserved. No section or element of this document may be removed from this document, reproduced,
electronically stored or transmitted in any form without the written permission of Martoo Consulting Pty Ltd

01290/MCU Proposal Report Jan 2013

Page 21

r

 

   
 
 

 

  

*Proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type | Food & Beverages over Land situated at 90
Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant: Ogilvie Bacon Partnership
Contents
1 Introduction __
2 Basic Information
3
3.1 Site Characteristics ooo oe cccccceecocarecececevsvevevevecensvecenseseseseseseesanseecenseveceee’
3.2 Existing Infrastructure Servicing the Site,
3.3 Site Contamination...
4 The Characteristics of the Surrounding Environment
41 Description of Land Uses Adjacent to the Site and within the Surrounding Area. 5
42 Surrounding Road Network... ccccccesesesceseseseseeceveceesereesesareverceravensesavereerene
5 Barri cc cccsssssesessussssssssnsnseneseeeeesenssususnsseseseceeeeseeeeusuuassnssssssseeeee 7
6 Te Proposal ssssssssssssssssssecssessssssssnssenesussssnssseseqesssnnsceeqnasasnnsseensuasssssesee 8
7 Development Assessment, 10
7.1 Statutory Instruments.
T2— NOOSE PLA ec ececcecccssesessenseosesnessnesuesasessnscsnssnsenscsessascasssnsaesaceeseeecaseescesess
72 Noosa Heads Locality ooo occ cccccccceseesseceesesedeseesveseeseeveseeceveeeereseseseve 10
7.2.2 Applicable Codes ooo. ececosessssescoseeconsecanecesnecenneresnseceaneceaneeeneecenecenees 14
7.3 TrustLand Management Plan 20420 ooo occ cccccscucsuesevssesessesessesesesseeaeeeseneens 19
8 COMCIUSION a ccsssssssessessesnsensnsescsssnssnneseessnssssosescensanssseesensanssseeeeecneuasseeseeee 20
Annexure 21

Appendix A: Proposal Plans
Appendix B: Hayes Traffic Engineering — Traffic Engineering Report
Appendix C: Trust Land Management Plan - Quamby Place 2012

£22 martoo consulting - Town Planning + Urban Designers + Surveyors + Development Managers 1

 

Page 22

t
* Proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type | Food & Beverages over Land situated at 90
Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant: Ogilvie Bacon Partnership

41 Introduction

This planning report has been prepared for Ogilvie Bacon Partnership being the applicant of a
development application for a Material Change of Use of Premises seeking approval for existing outdoor
dining areas within Sound Park at Noosa Heads. The subject site is described as part of Lot 32 on
N21854 and is within the former Noosa Shire now part of the Sunshine Coast Council.

The proposed development of this site constitutes ‘development’ as defined by Section 7 of the
Sustainable Planning Act 2009. This development application seeks a Development Permit for a Material
Change of Use of Premises for Entertainment & Dining Business - Type 1 Food & Beverages. The
proposal is deemed impact assessable development under the provisions of the Noosa Plan 2006 and
the Sustainable Planning Act 2009.

This planning report covers the following matters in order to assist the assessment of this development
application:

. Section 2: The basic details of the application as extracted from certain parts of the
application forms;

e Section 3: A description of the subject site;

. Section 4: A brief description of the locality surrounding the subject site;

° Section 5: — An explanation of the proposal;

° Section 6: An assessment of the proposal against the Noosa Plan 2006; and

. Section 7: Aconclusion that provides summary grounds, which support the approval of

the application as proposed.
The Sunshine Coast Regional Council is the Assessment Manager for this development application.
Any words or terms are shown in italic font in this proposal report, refer to either relevant state legislation
direct quotes from this planning scheme as indicated. Words in bold font refer to definitions as detailed
by the Noosa Plan.
The report concludes that the proposed use of the park for outdoor dining purposes is consistent with the

community expectations of the park, the intent of the Draft The Sound Management Plan 2012 and
existing outdoor dining permits.

52 martoo consulting - Town Planning + Urban Designers + Surveyors + Development Managers 2

 

Page 23

* Proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type | Food & Beverages over Land situated at 90
Noosa Parade, Noosa Heads and described as Lot 32 on N21854

Applicant: Ogilvie Bacon Partnership

2 Basic Information

Basic information relating to this development application includes:

Applicant:

Address of Site:

RPD of Site:

Owners:

Area of Site:

Current Use of Site:

South East Queensland
Regional Plan:

Planning Locality:

Zone:

Overlays:

Proposal:

Approvals Sought:

Administering
Authority:

Referral Agencies:

Consultants for

development application:

Ogilvie Bacon Partnership
C/- Martoo Consulting, PO Box 1684, Noosa Heads Qld 4567

90 Noosa Parade, Noosa Heads

Lot 32 on N21854

Sunshine Coast Council as Trustee

3050m2

Park and Outdoor Dining

Urban

Noosa Heads

Open Space Recreation

Natural Hazard: Bushfire & Acid Sulfate Soils Overlay - High Potential

Acid Sulfate Area 0-5m AHD

Natural Hazard: Landslide & Flooding Overlay - Area Subject to
Min Floor Height
Biodiversity Overlay - Riparian Buffer Area

Entertainment & Dining Business - Type 1 Food &
beverages

Development Permit for Material Change of Use of Premises

Sunshine Coast Council

Nil

Town Planners: Martoo Consulting

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t
4 4 Proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type 1 Food & Beverages over Land situated at 90
Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant: Ogilvie Bacon Partnership

3 The Characteristics of The Site and Surrounds

3.1. Site Characteristics

The land the subject of this application (to be known as the site) is located at 90 Noosa Parade, Noosa Heads
and described as Lot 32 on N21854. The site is of a rhomboid shape with an area of 3050m’ and is relatively
level.

The Noosa Sound Park currently occupies the site and includes a passive landscaped park area with
playground equipment and seating as well as four defined outdoor dining areas associated with premises
located in the adjoining commercial building known as Q Place.

The map below indicates the sites location.

Subject site

   

Figure 1 — Location map of site and surrounds

3.2 Existing Infrastructure Servicing the Site

The subject site currently has access to all infrastructure that commonly service urban residential development.
This infrastructure includes Council water supply, reticulated sewerage, underground telecommunication
services, underground electricity supply and associated street lights, stormwater drainage, bitumen roadway
and kerb and channelling along the Noosa Parade frontage of the site.

A footpath is provided along the Noosa Parade frontage.

3.3. Site Contamination
The site is not on the Environmental Management Register, established under the Environmental
Protection Act 1994 and to the best of our knowledge is not contaminated.

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* Proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type | Food & Beverages over Land situated at 90
Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant: Ogilvie Bacon Partnership

4 The Characteristics of the Surrounding Environment

4.1 Description of Land Uses Adjacent to the Site and within the
Surrounding Area

It is important to appreciate the existing land uses in the locality surrounding the subject site. These existing
uses are clearly characterised by a mixture of residential uses and commercial activities.

More specifically those lots that actually abut the subject site are currently used the following purposes:

e to the north - Noosa River

« to the east - Multiple Storey Units - Noosa Shores Resort

« to the south - Multiple Storey Holiday Units - Noosa Terraces

« to the west - Q Place - Two Storey Commercial Development including shops, restaurants
and offices

The aerial photograph below illustrates the site location and surrounds.

  

x

= .
otograph of site and surrounds

 
   

Figure 2 - Aeri

As indicated by the aerial photograph above, the area to the west of the site along Quamby Place is
predominantly holiday resort accommodation with carparking available within the road reserve. Unit
developments are also located to the east and south of the site. Figure 3 below provides a photograph of the
adjoining unit complex to the north east of the site.

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Proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type | Food & Beverages over Land situated at 90
Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant: Ogilvie Bacon Partnership

 

Figure 3 — phot fograph of adjoining units

4.2 Surrounding Road Network

The site is located off Noosa Parade, which connects to Hastings Street and Noosaville. Sunshine Coast
Council administers this road.

ais

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© proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type | Food & Beverages over Land situated at 90
Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant: Ogilvie Bacon Partnership

5.0 Background

Outdoor Dining Permits in Sound Park were issued by Noosa Council pursuant to the applicable local laws
relevant at the time of the approval in relation to several tenancies located on the adjoining commercial
tenancies. These Outdoor Dining Permits were issued annually by Council and no planning approvals or
approval from the State were obtained for use of the public parkland. These permits have been in place for
over 10 years as demonstrated by the Ricky Ricardo’s restaurant (Lot 10 Q Place) which was purchased in
2003 with a long term tenant that had operated its business prior to 2003 and at that time had the benefit of
Outdoor Dining Permits over the parkland.

Outdoor Dining Permits approved in association with the adjoining commercial premises located on Q Place
include:

Lots 8,9 and 10~— Outdoor Dining Permits current to 30 June 2010. From 1 July 2010, an informal
arrangement has existed pursuant to which the use for outdoor dining has continued
with the agreement of Sunshine Coast Regional Council. Improvements constructed
within the park include paved areas and shade structures over the outdoor dining
area. These improvements have been approved by Sunshine Coast Regional
Council.

Lots 3 and 4— Sunshine Coast Regional Council approved construction of outdoor dining areas in
2010 however construction was subsequently stopped by Council.

The outdoor dining areas associated with Lots 3 and 4 include approved paved areas (constructed) located
within the park and approval to construct shade structures in accordance with plans approved by Sunshine
Coast Regional Council. There are no current Outdoor Dining Permits for Lots 3 and 4.

In late 2009, Council received a complaint from a nearby premise in relation to loss of amenity in terms of
noise from premises not operated by the applicants. A complaint was also received in relation to the use of
public land for private use. Council investigated the complaints and determined to put in place the above
informal licensing arrangements pending a permanent resolution.

Council resolved in August 2010 to prepare a Land Management Plan for the parkland in an effort to resolve
the issues between affected parties and to address the commercial use of part of the parkland.

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* proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type | Food & Beverages over Land situated at 90
Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant: Ogilvie Bacon Partnership

6.0 The Proposal

The applicants seek approval for the use of five existing paved outdoor dining areas located in Sound
Park, Noosa Parade. The outdoor dining areas are located adjacent to approved restaurant tenancies
located on the adjoining site to the west known as QPlace. Attachment A provides a plan of the
proposed outdoor dining areas.

The outdoor dining areas and adjoining restaurant uses are detailed below:

 

  

 

 

 

Tenancy Existing situation

Lot 2 Rock shade structure To be retained

Salt

Lot 3 Vacant 21m’ concrete pad proposed shade structure —-

previously approved by Council
under local laws permit

 

Lot 4 Shop 24 m* concrete pad proposed shade structure —
previously approved by Council
under local laws permit

 

Lot 8 and 9 38 m’ shade structure over part of area Shade structure to be
Woodfire Grill completed over Lot 9 —-
previously approved by Council
under local laws permit

 

Lot 10 Rickys 51m’ shade structure - previously To be retained
approved

 

 

 

 

 

 

The total use area for outdoor dining equates to 5% of the park for commercial activities.

All the outdoor dining areas are currently paved and separated from the park by existing landscape
garden beds and landscape retaining walls. The outdoor dining areas attached to Lots 2, 8 and 10 are
also covered by means of a shade structure. The owners of Lots 3 and 4 have approval from Council to
construct shade structures on those two lots and seeks Council’s confirmation to proceed with the
construction of those shade structures in accordance with the plans approved by Council.

   

Figure 4 - Photograph of existing dining areas and structures

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* Proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type 1 Food & Beverages over Land situated at 90
Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant: Ogilvie Bacon Partnership.

Existing pathways around the park and adjoining site will be retained as will all existing vegetation within
the park.

The applicant indicates that the outdoor dining areas are to be used in conjunction with the restaurants to
the west of the park and will operate at similar times. In this regard, operating hours for the outdoor dining
area are proposed to be 11 am to 12 midnight, 7 days a week. These hours of operation are consistent
with the existing outdoor dining approvals for the site.

Carparking for the outdoor dining areas is able to be provided within Qp/ace and Quamby Place with most
patrons, walking or using public transport to the premises.

All waste generated from the use will be disposed of in accordance with the adjoining restaurants waste
management regime. No waste will be disposed of within the park area.

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* Proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type | Food & Beverages over Land situated at 90
Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant: Ogilvie Bacon Partnership

7 Development Assessment

7.1. Statutory Instruments

The provisions of the State Planning Policies have been incorporated into The Noosa Plan with the
exception of the State Planning Policy 2/10: Koala Conservation in South East, State Planning Policy
5/10: Air, Noise and Hazardous Materials 2010 and State Planning Policy 4/2010: Healthy Waters; and
State Planning Policy 1/12: Protection of Queensland's strategic cropping land.

The site does not trigger assessment against these Policies as the site is not mapped as containing
relevant vegetation or cropping land.

In terms of the State Planning Policy 4/2010 Healthy Waters is not required as the area is below the
required threshhold.

The South East Queensland Regional Plan includes the site in urban footprint and the proposal is
consistent with this designation.

7.2 Noosa Plan 2006

7.2.1 Noosa Heads Locality

The Noosa Plan includes the site in Noosa Heads Locality and provides the site with an Open Space -
Recreation zone. An extract of the zoning map for the Planning Area is detailed below.

   
 

s Noosa Heads
(Zone Map ZM6)

 

The Noosa Plan defines a Commercial Business - Entertainment and dining business Type 1 Food &
beverages as follows:

Entertainment and dining business means the conduct of a business activity, where entertainment,
amusement, recreation or meals are afforded. The term includes the following types:

Type 1 Food & beverages
The use of premises involving the sale of food and beverages for consumption on the premises, The
use class includes a function room or restaurant or café with dining facilities for 10 or more people.

The assessment table for the Open Space Recreation zone indicates that Type 1 Food & Beverages
uses are inconsistent impact assessable development.

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* Proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type | Food & Beverages over Land situated at 90
Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant: Ogilvie Bacon Partnership

7.2.2 Applicable Codes

The proposed use is indicated as being impact assessable and is required to be assessed against the
provisions of the entire Noosa Plan. The Codes that are most relevant with regard to this proposal
include the:

Noosa Heads Locality Code
Business Uses Code
Engineering Works Codes
Landscaping Code

7.2.2.1 Noosa Heads Locality Code

A review of the proposal against the Overall Outcomes of the Noosa Heads Locality Code is
relevant as the proposal is an inconsistent use in the Open Space Recreation zone. In this regard
the proposal has been reviewed against those Outcomes which are considered relevant to the
site.

The overall outcomes sought for the Noosa Heads Locality are the following—

a) New uses and works are located, designed and managed to—
i be compatible with other uses and works;
ji 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;

The proposed use of the park for outdoor dining is compatible with the adjoining restaurant uses
located at QPlace and are indicated by the applicants as being integral to the success of each of the
adjoining restaurants. This compatibility is further demonstrated by Community Consultation
undertaken as part of the preparation of a Management Plan for the park where 98% of respondents
approved of use of the park for commercial outdoor dining.

The use of the park for outdoor dining improves the safety of people in the area through nighttime
operations which increases surveillance in the area.

The proposed use of the park is considered to be complimentary to the amenity of the park due to
activation and use of the park, passive surveillance and contribution to the vitality of the area. The
proposed outdoor dining areas are located along the western boundary of the park and are surrounded
by landscape features that screen the areas whilst ensuring the dominant sight lines to the river are
maintained. No amplified music is utilised on site and the dining area are up to 39 metres away from
residents to the east.

The outdoor dining areas will not impact on the natural environment as stormwater will drain to the park
and no vegetation will be affected.

b) Noosa Heads remains a primary focus for Visitor accommodation and associated
services in Noosa;

The proposed use of the park for limited outdoor dining provides additional services for visitors to the
area.

q) For the Neighbourhood Centre Zone—The Quamby Place Neighbourhood Centre—

i forms a focal point for the local community and visitors, provides services and facilities to meet
their day-to-day needs;

li provides Business Uses that respect the existing residential amenity of visitors and residents
within and surrounding the development; and

iii provides Business Uses that are of a scale and character consistent with the locality and
Noosa’s retail hierarchy;

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" Proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type | Food & Beverages over Land situated at 90
Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant: Ogilvie Bacon Partnership

The outdoor dining area, associated restaurants and park create a focal point for the area by providing
convenience goods as well a dining facilities for tourists and residents. The scale of the uses on the site
are consistent with the adjoining commercial activities and service the surrounding area.

t) For the Open Space Recreation Zone—areas of open space contribute to the desired lifestyle of
residents by offering a variety of passive and active recreational experiences that are conducive to
community interaction and wellbeing;

The proposed use of the park for commercial dining provides a complimentary experience for users of
the park by enabling patrons to passively enjoy the visual amenity of the park. The dining areas do not
limit the use of the park for recreational purposes and enhances the potential for community interaction.

Noosa Heads Locality Code

 

anid Probable Solutions for the

 
  

 

Probable Solution

 

 

Amenity
01 Uses are located, designed and No solution provided. Dining areas are located adjacent to
operated to avoid significant adverse existing approved restaurant
changes to the light, air quality, noise, tenancies in Qplace and blend into
accessibility, or other conditions the existing park setting through the
enjoyed by users of associated, use of landscaping and timber

 

adjoining or nearby uses. features. No lighting is proposed for
the outdoor dining areas with existing
landscaping retained to screen the
use from residential area to the east
of the site.

Major road network

02 The visual amenity and character | No solution provided.
surrounding the major road network,
including Sunshine Beach Road

Dining areas located approximately
17 metres back from Noosa Parade
road frontage and footpath areas.
(David Low Way), Eenie Creek Road, Existing landscaped areas within the
Noosa Drive and Noosa Parade, is park screens the areas from the road
protected and enhances the way.

entrances to Noosa Heads through—
a) retaining and enhancing the visual
and physical separation of Noosa
Heads from neighbouring localities;

b) ensuring future development does
not encroach upon existing vegetation
within the road reserve; and

¢) utilising dense landscaping and
earth mounding (rather than fencing
and walls) for visual screening and
noise attenuation;

AND

03 Development generates traffic No solution provided.
demands that are consistent with
the future capacity of the road
network.

The surrounding road network has
demonstrated that it is capable of
supporting the existing uses on site.

 

Scenic vistas

04 Aesthetic and cultural values of No solution provided. Complies ~- as detailed above

the natural landscape are maintained
through protecting important scenic
vistas—

a) from the streets, beaches and other
public spaces;

b) to the ocean, river, coastal
lowlands and the vegetated backdrop
of Noosa Hill;

c) within Little Cove— vistas over
Laguna Bay and to the Noosa
National Park and the vegetation
stands, part of the hills and sand
dunes;

d) within Cooloola and Weyba Park
Estates—

the scenic view of Noosa National
Park and Weyba Creek; and

e) within Noosa Sound- vistas
across Noosa River.

existing vegetation screens areas
from the street and public areas of
the park. Further the existing vista
through the park to the river is
maintained and not affected by the
dining areas .

 

 

Density

 

 

 

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Noosa Parade, Noosa Heads and described as Lot 32 on N21854

Ogilvie Bacon Partnership

* Proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type | Food & Beverages over Land situated at 90

 

O06 The density of development within
the site area—
a) is compatible with surrounding

No solution provided

Complies — density is consistent with
surrounding low key building form.
Lightweight structures covering the

 

development; has dining areas are also consistent with
c)a low site impact to enhance the the open landscaped character of the
opportunity to maintain natural site park.

characteristics, including native

vegetation and natural landforms.

Height

07 Buildings and other structures—
a) present a building height consistent
with structures on adjoining and
surrounding land do not visually
dominate the street or surrounding
spaces;

d) preserve the amenity of
Surrounding land;

e) respect the scale of surrounding
vegetation;

f) respond to the topography of the
site by minimising cut and fill (eg.
stepping down the site or using a
suspended pole construction); and
g) maintain a mature
vegetated skyline.

$7.1 Buildings and other structures
have a maximum building height of—
for any other zone— 8m;

Complies

 

Setbacks

08 Buildings and other structures are
appropriately designed and sited to—
a) provide amenity for users of the
premises as well as preserve the
visual and acoustic amenity of
adjoining and nearby properties;

b) provide adequate distance from
adjoining land uses

c) preserve any existing vegetation
that will buffer the proposed building;
) allow for landscaping to be
provided between buildings;

e) maintain the visual continuity and
pattern of buildings and landscape
elements within the street;

f) protect public safety and property
within erosion prone areas by
ensuring such areas are maintained
largely free of development;

and

g) help protect the natural character
and visual amenity of coastal areas
and watercourses.

$8.1 Buildings and structures comply
with the minimum setbacks identified
in Schedule 1 - Minimum Boundary
Setbacks.

Front: 10 metres
Other: 3 metres

A 17 metre front setback is provided
to the Noosa Parade frontage
consistent with scheme provisions.

Whilst a side boundary setback of
3.0 metres is usually required, in this
instance the outdoor dining areas are
located abutting the commercial
zoned land due to the relationship
with the kitchen areas of the
restaurant. This setback is
considered appropriate and provides
a 39 metre separation to residential
uses to the east.

 

Site cover, gross floor area and
plot ratio

09 The site cover, gross floor area
and plot ratio of buildings and other
roofed structures—

a) results in a building scale that is
compatible with surrounding
development;

b) does not present an appearance of
excessive bulk to adjacent properties,
roads or other areas in the vicinity of
the site;

c) maximises the retention of existing
vegetation and allows for soft
landscaping between buildings;

d) allows for adequate area at ground
level for outdoor recreation,
entertainment, clothes drying and
other site facilities; and

e) facilitates onsite stormwater
management and vehicular
access.

No solution provided

Complies — proposed built form is
lightweight and presents as a
landscaped pergola to park and
surrounding area.

 

 

Open space network

021 The integrated open space
network is established, enhanced and
protected throughout the locality to—
a) provide for both passive and active
recreational pursuits;

 

$21.1 Open space corridors and
existing native vegetation in areas
indicated in Schedule 5 ~- Map 4 are
protected from fragmentation and
encroachment by development.

 

Not applicable

 

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* Proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business ~ Type | Food & Beverages over Land situated at 90

Applicant:

Noosa Parade, Noosa Heads and described as Lot 32 on N21854

Ogilvie Bacon Partnership

 

b) provide connectivity for pedestrians
and cyclists;

¢) provide access to community uses
and buildings, public open space and
recreation areas, the beaches, Noosa
National Park and Noosa River;

d) provide habitat connectivity for
wildlife;

) protect watercourses and drainage
lines;

f) protect vegetation on steep slopes;
and

g) form a scenic backdrop for
residential development.

AND

022 Physical and visual links between
public open space areas and
watercourses are retained.

 

Watercourses

025 The environmental, economic,
amenity and transportation values of
the Noosa River system are
protected.

No solution provided

Complies

 

 

 

 

Division 15—Specific Outcomes and Probable Solutions for the Open Space Recreation zone |

 

 

 

Space Recreation Zone has natural
environmental values, these values
are protected against any
development impacts and determine
the suitability of any land use;

AND

094 Only uses that do not adversely
impact on the natural environmental
values of the land are established.

 

Specific Outcome Probable Solution Proposal Response

092 Buildings and structures are No solution provided. Proposed outdoor dining areas
designed and sited to— provide an area for the community to
a) encourage the co-locating of a meet and interact as well as further
range of Open space uses; enhancing casual surveillance over
b) be attractive, comfortable and the park.

accessible to the public; and

c) provide suitable landscape The dining areas provide a
treatment, seating, lighting and other complimentary facility to the park that
amenities conducive to community is consistent with the intent of the
interaction and convenience and locality in providing visitor and
public safety. resident services,

Environmental values

093 Where land within the Open No solution provided. Complies - dining areas do not

 

 

impact on the environmental values
of the area.

 

 

7.2.2.2 Business Uses Code

The proposal has been reviewed against the provisions of the Business Uses Code and is
considered to comply with the relevant requirements as detailed in the table below.

Whilst it is noted that site does not fall within a designated centre under the hierarchy of centres
of the Noosa Plan, an examination of the criteria is considered relevant to the proposal.

Business Uses Code

 

 

 

 

 

 

 

Table 14-8 For all Business Uses
Electricity infrastructure
018 The development does not $18.1 No solution provided Existing supply adequate for
adversely impact on existing or future development on site.
electricity supply infrastructure; AND
0719 All uses and works maintain an $19.1 Development for uses adjacent | Not applicable
adequate safe distance from to or within 50m of an existing
electrical infrastructure including electricity substation incorporates
substations, overhead powerlines, noise attenuation measures to
power poles and transformers. mitigate noise impacts;
AND
$19.2 Buildings and _ structures | Complies
(including swimming pools, sheds,
tennis courts _and_outbuildings) are
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Noosa Parade, Noosa Heads and described as Lot 32 on N21854

Ogilvie Bacon Partnership

” Proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type | Food & Beverages over Land situated at 90

 

not constructed under overhead
electricity transmission lines, or within
electricity easements.

 

Noise

020 Development is designed and
sited to avoid noise emissions that
unreasonably diminish the amenity of
the area or surrounding uses.

No solution provided

Qutdoor dining areas are located
approximately 39 metres from
adjoining residential unit complex to
the east which has limited windows
and open decks that may be affected
by noise.

Applicant has instigated a noise
management plan to ensure any
noise emissions are reduced. No
amplified music will be used in the
park area.

 

Mechanical plant and equipment
and storage areas

021 Mechanical plant and equipment
(including air conditioning equipment)
and storage areas are designed and
located to—

a) avoid adverse visual impacts when
viewed from the street and adjoining
properties; and

b) visually integrate with the building
design.

$21.1 Mechanical plant and
equipment are—

a) located more than 2m from any
property boundary;

b) where located at ground level,
screened by fencing 1.5m in height or
dense vegetation of at least 1.5m in
width incorporating grouped trees and
shrubs with maximum separation
distance of 1m measured from the
centre of the tree or scrub; and

¢) are visually integrated into the line
and plane of the building and roof
design and do not project beyond the
height or width of the building when
viewed from the street and adjoining
properties; AND

$21.2 For Industrial business and
Retail business Type 3, materials
stored outside of a building do not
exceed 4m in height or half the
height of the on-site buildings
whichever is the greater.

No mechanical plant proposed
on site.

Not applicable

 

 

Safety and security

022 All property boundaries are
clearly identifiable with public and
private spaces clearly defined.

023 All premises and access routes
are clearly identifiable to all persons,
particularly emergency services
personnel.

024 All building entries are designed
to be obvious and easily identifiable.

 

$22.1 Boundaries are identified by
such means as -

a) fencing; or

b) changes in surface materials or
levels; or

¢) landscape treatments;

AND

$22.2 Loading and storage areas are
well lit or can be locked after hours.

$23.1 All premises are identified by
the provision of the street number ina
prominent location, preferably near
the site entry, (i.e. on the kerb or
letterbox or by signage on the
building or site).

$24.1 The number of entrances and
exits are limited and main building
entrances/exits are located at the front
of the site, in view of the street. Where
this is not possible, due to site or
existing building constraints, a weil
defined path is provided to the
entrance/exit;

AND

$24.2 All entrances/exits to buildings,
are well lit and signed, and signage
includes hours of operation;

AND

$24.3 Entrances/exits are located to
provide a direct link to driveways and
carparking areas;

AND

$24.4 Recessed doorways are

 

_| Notapplicable

Existing boundaries clearly identified
by landscaping and _— existing
pathways.

Existing loading areas on adjoining
site (Qplace) will be utilised. No
loading to be undertaken in park.

Complies

Not applicable as proposal relates to
outdoor dining area. Existing
restaurant facilities adjoining the site
clearly identified.

Not applicable as proposal relates to
outdoor dining area. Existing
restaurant facilities adjoining the site
clearly identified.

Complies

 

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” Proposal Report

Noosa Parade, Noosa Heads and described as Lot 32 on N21854

Ogilvie Bacon Partnership

Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type | Food & Beverages over Land situated at 90

 

025 Uses are arranged within
buildings and on sites to enable
extemal areas to be monitored.

026 Communal open space, including
congregation and seating areas, is
located where it can be monitored.

027 Buildings and structures are
designed to minimise opportunities for
vandalism.

028 Lighting of appropriate intensities
is provided to maximise safety.

029 Public toilets are designed and
constructed to-—

a) ensure the safety of all people
using them; and

b) take advantage of informal
surveillance from adjoining uses and
activities, discouraging non-
legitimate uses.

avoided where the recess is of
sufficient size to conceal a person.
Where recessed doorways are
unavoidable, measures are used to
enhance safety, as follows—

a) good lighting installed;

b) strategically placed mirrors
installed;

c) angled approaches provided; or
d) gates which restrict access
provided.

$25.1 Windows and main entrances
are positioned to allow for casual
surveillance.

$26.7 Communal open spaces,
including congregation and seating
areas are situated where they are in
the line of sight of windows, doors
and/or balconies of buildings, or can
be seen from a street or other public
space.

$27.1 Buildings or structures that are
visible from a public street or
laneway-——

a) avoid the use of solid fences and
blank walls which attract graffiti.
Where solid blank surfaces are
unavoidable, measures in the form of
landscaping, creepers, murals, vandal
resistant paint, etc are used;

b) use toughened glass, security
screens and other measures (but not
including security shutters that
obscure the view of shopfronts) are
used in windows which are provided
at ground level, to deter break and
enters; and

¢) use hardy vandal proof materials
and anti-graffiti paint are used in the
construction of buildings.

$28.1 Lighting of appropriate
intensities is provided which satisfies
the requirements of Australian
Standard AS1158: Public Lighting
Code, unless otherwise specified in
this Code;

AND

$28.2 External lighting of a graduated
intensity is provided which starts at a
lower level of brightness at the
perimeter of the site and rises to a
higher level at the entrance to
buildings or at the centre of the site;
AND

$28.3 Lighting is directed onto the site
and away from neighbouring
properties;

AND

$28.4 Vandal-resistant lighting is used
in public and publicly accessible
areas.

$29.1 Public toilets are located in high
traffic areas;
AND

$29.2 Features that may legitimise
loitering, such as seating or public
telephones are not located within 20m
of toilet entrances;

AND

$29.3 Entrances to public toilets are
visible from the street, footpath and
other activity areas on the site or
adjoining sites.

Not applicable

Complies

Complies

Muted mood lighting proposed.

No external lighting proposed.

Complies.

Complies

Dining areas area associated with
existing restaurant uses on the
adjoining site. Public toilets are
available of adjoining site.

Not applicable.

Not applicable.

 

 

030 Premises have accessibility to
public transport.

 

$30.1 Safe and convenient pathway
access is provided from the site to link
to existing pathway networks that

 

Complies — bus stop located along
Noosa Parade

 

 

martoo consulting - Town Planning + Urban Designers + Surveyors + Development Managers

 

 

Page 38

” Proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type | Food & Beverages over Land situated at 90

Applicant:

eee

Noosa Parade, Noosa Heads and described as Lot 32 on N21854

Ogilvie Bacon Partnership

 

services public transport facilities;

OR

$30.2 Direct pathway access is
provided to the public transport facility
if the facility is contained on site or
within 50m from the property
boundary

 

031 Business Uses are designed
and constructed to encourage users
of the development to access the site
by means of foot or bicycle through
provision of appropriate end-oftrip
facilities including bicycle parking
and shower/change rooms

$31.1 Safe and convenient cycle
access to and from the site from the
existing road and bicycle network, and
safe bicycle movement within the site
is provided;

AND

$31.2 Secure and convenient parking
Space for bicycles is provided on site
in accordance with AS2890.3 Bicycle
Parking Facilities and Figure 14-1
Minimum Requirements for Bicycle
Parking;

AND

$31.3 Where at least 5 bicycle
parking spaces are required in
accordance with Figure 14-1 Minimum
Requirements for Bicycle Parking,
end-of-trip cycle facilities are provided
at the following rate:

a) 1 locker per 2 bicycle parking
spaces; and

b) 1 shower cubicle with ancillary
change rooms per 10 bicycle spaces
or part thereof;

AND

$31.4 Bicycle parking spaces and
cyclist facilities are designed in
accordance with AUSTROADS Guide
to Traffic Engineering Practice, Part
14 - Bicycles, Section 10;

AND

$31.5 On-site pedestrian facilities
such as seating and shade structures
are provided in developments for the
convenience of persons walking to the
site.

Complies

Complies

Proposal able to comply with scheme
requirements. Bicycle — parking
provided on adjoining site (Qplace).

Proposal able to comply with scheme
requirements. Bicycle parking
provided on adjoining site (Qplace).

Complies

 

Site facilities

032 Waste storage areas, external
storage areas and loading docks do
not detract from the visual amenity of
the streetscape or cause nuisance to
adjoining properties.

32.1 Waste storage areas, external
storage areas and loading docks are
situated to the rear of the building or
under the ground;

OR

$32.2 With the exception of the
access way, waste storage areas,
extemal storage areas and loading
docks are visually screened by
landscaping or fencing.

Complies - existing approved refuse
areas to be utilised on adjoining site.

 

 

Environment & heritage values
033 There are no significant adverse
effects on the biodiversity, natural
vegetation, native wildlife, habitats,
landscape quality, water quality or
heritage values, including those
related to—

a) changes to natural drainage;

b) disturbance to any of the wetland
systems;

c) management of landslide and fire
risk;

d) erosion and the transport of
sediments offsite;

e) unmanaged public access;

f) effluent disposal;

g) changes to fauna habitat and
behaviour; and

h) disturbance of buildings and
features, including natural features,
of heritage significance.

 

No solution provided.

 

   

Complies — proposal will not impact
on surrounding environment and
stormwater will be run into existing
landscaped areas.

 

 

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Page 39

* Proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type 1 Food & Beverages over Land situated at 90
Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant: Ogilvie Bacon Partnership

7.2.2.3 Engineering Works Code
The Planning Scheme details a carparking rate for Type 1 Food & Beverages of:

1 space per 20mz, or part thereof, of use area and outdoor dining area (excluding kitchen and
food storage areas)

The proposal involves 158m? of outdoor dining area which equates to 16 carparking spaces. No
additional carparking is able to be provided on site and the applicant has engaged a Traffic
Engineer to assess carparking requirements for the proposal a copy of which is included in
Appendix B. The traffic report concludes that there is sufficient carparking within the surrounding
area for the proposed use.

The proposal is considered to meet the Specific Outcomes of the Driveways and Carparking
Code as detailed below:

Sufficient carparking is provided to accommodate the number and type of vehicles likely
to be generated by the development having regard to the specifics of the use including—

a) the type and intensity of land use;

The areas the subject of this application are located within Sound Park and provide and limited
outdoor dining areas in association with adjoining restaurant uses located in Q Place. The use is
limited to outdoor dining in a restricted and defined space in the park and represents 5% of the
actual land area of the park.

b) any existing parking available on the site;
No carparking is available within the park, however there is carparking available within Q Place
and within the road reserve around Quamby Place.

c) hours of operation;
The peak hours of operation are generally night time and weekends which do not coincide with
the peak times of the adjoining office uses in QPlace.

d) likely numbers of users;
The outdoor dining areas located in the park are limited in terms of size and therefore number of
users is restricted to the approved dining areas.

e) the peak parking demand periods of uses on the site; and

The outdoor dining areas located in the park are limited in terms of size and therefore number of
users is restricted to the approved dining areas. It is noted that the proposed outdoor dining uses
do have peak periods which generally coincide with holiday seasons, however the peak use of
the premises generally relates to night time and weekend use which is when the office functions
of QPlace are not utilised, therefore freeing up carparking on site.

f) the availability of alternative carparking
Alternative parking is available on site in the form of scooter and bicycle parking on site.
Some on street carparking is available in Quamby Place and along Noosa Parade.

7.2.2.6 Landscaping Code

The existing site is already well landscaped and the applicant will maintain the existing
landscaped areas adjoining the outdoor dining.

7.3. Trust Land Management Plan - Quamby Place 2012

As indicated in section 5 of this report, Council has approved and issued licenses to utilise the subject
areas of the park for outdoor dining since 1987. These outdoor dining areas have operated without
complaint until 2009 when a complaint was lodged with regard to loud music. As a result of investigations
into the complaint it was determined that a Management Plan was required to be prepared with regard to

#222 martoo consulting - Town Planning + Urban Designers + Surveyors + Development Managers 18

 

Page 40

Proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type | Food & Beverages over Land situated at 90
Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant: Ogilvie Bacon Partnership

use of the Trust Land (being the park). A Trust Land Management Plan has been prepared for the site
(copy detailed in Attachment C) which indicates that the use of the park for outdoor dining is considered
complementary to park activities and that the community supports this type of activity.

martoo consulting - Town Planning + Urban Designers + Surveyors + Development Managers 19

 

Page 41

Proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type | Food & Beverages over Land situated at 90
Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant: Ogilvie Bacon Partnership

8 Conclusion

The above development application has been submitted to the Sunshine Coast Regional Council as the
Assessment Manager of the application under the Sustainable Planning Act 2009. This application seeks
a Development Permit for a Material Change of Use of Premises for Entertainment & Dining Business -
Type 1 Food & Beverages on a small portion of the site which is impact assessable development under
the Noosa Plan 2006.

This application can be supported on a number of grounds as provided in detail in the above report.
These grounds include:

* The proposed dining areas are consistent with the intent of the Noosa Heads Locality through
the provision of services to visitors and residents.

¢ The outdoor dining areas are considered to be compatible and complementary uses to the
park use and the existing Open Space recreation zoning.

¢ The proposal seeks ratification of a use that has operated on site with Councils approval
since 1987.

¢ The outdoor dining areas complement the passive park recreation uses on the site as well as
improving permeability of the park and improving casual surveillance for the area;

« The proposed outdoor dining areas are overwhelmingly supported by the general community;

* The site has good access to surrounding road networks which will support the limited outdoor
dining area;

* The site is well located to existing public transport networks with a bus stop outside the park,
is connected to bike and pedestrian pathways. The site is well located to surrounding
residential accommodation areas.

¢ The proposed outdoor dining areas are located in a landscaped setting that is consistent with
the intent of the park and surrounding areas.

The Assessment Manager's favourable consideration of the above development application is therefore
recommended.

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Page 42

Proposal Report Proposed Material Change of Use of Premises for Entertainment & Dining Business - Type | Food & Beverages over Land situated at 90
Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant: Ogilvie Bacon Partnership

Annexures

Annexure A: Proposal Plans

222 martoo consulting - Town Planning + Urban Designers + Surveyors + Development Managers 21

 

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WOW SPEEDS AS INDICATED BELOW, GRAENE MOULSTON & Assoc PrY
LTO WRL NOT RE RESPONSIBLE FOR STAUCTURAL FAILURE OR DAHAGE
TO EITHER PROPERTY OR PERSON AG A RESULT OF WIND SPEEDS IN
EXCESS OF THIS FIGURE.

GRAEME MOUSLTON B ASSOC PTY LTO WILL NOT TAKE ANY
RESPONSIBILITY FOR STRUGTURAL FAILURE OF A SHADE SAIL AS A
RESIRT OF FAULTY WORKHANSHIP, FAULTY MATERIALS OR FAULTY
FASTENING SYSTEMS USED IN THE INSTALLATION, IT 1S THE
RESPONSIGILITY OF THE SHADE SAML INSTALLER TO SAING TO THE
ATTENTION OF GRAEME MOUSLTON & Assoc Pry Lta ANY CHANGES
‘TO SHADE SAIL LAYOUT, ATTACHMENT NEDILM, POTENTIAL PALLTS TO.
ATTACHMENT MEDIUM OR POOR STRUCTURAL, STATE OF THE
ATTACHMENT HEDIUM. UP THE SHADE GALL INSTALLER FAILS TO DO 50,
GRAEHE MOUSLTON & ASSOC Pry LTO WILL NOT TANG RESPONSIBILITY.
FOR ANY RESULTING STRUCTURAL FAILURE OF THE SHADE SAILS,
GRAEME MOULSTON B ASSOC PTY LTD MANE NO WARRANT ON BCHALE
OF THE SHAE SAIL, FABRIC,

NOTE;

It is recommended that the structure be
checked annually by a Qualified Engineer
for corrosion & wear and that the shade
sail fabric be checked annually by a
competent person for any deterioration in
its integrity.

NOTE:

It is recormmended that the fabric or
membrane be removed during severe
weather warnings issued by the Bureau of
Meteorology.

NOTE:
Graeme Moulston & Assoc will not take

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Structure designed to Maximum Design Strength | |
of Ferrari 702' PVC Membrane to AS2001.2,3.2. | 1.
All construction by Spigot Joint or Welded Lugs

  

 

SHADE SAIL ELEVATION any_responsibility for structural distortion
of components of this design encountered
during the tensioning process.

STEEL SCHEDULE Steel Grade C350 minimum
STEEL POST SIZE POST RAXE | POST HEIGHT FOOTING DIA FOOTING DEPTH Comment
orun) (x? TO VED} ‘ie Cy *
Pt=Post | 75%5,0 mm SHS ° 2600 - 4000 450mm 1500mm_ Embed to 1300mm|
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RIGGING SCHEDULE
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conditions, at wind speeds in excess of 25m/sec a
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Page 49

 

 

 

 

 

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Page 50

 

 

(cas Trust Land Management Plan |
Land Management Plan applies to: v Aspecific parcel of trust land
detailed in 3 below
or
(A class of trust land

or

(| Trust land within a specific
locality or regional area

 

Land Management Plan Duration: From the date of approval until revoked
by the Minister
| fs Compliance with legislation, planning schemes, etc

 

This land management plan proposes the Minister approve trustee permits over
several areas of land within the trust land that currently have, and may in the future
have, the activity of outdoor dining, pursuant to Section 60 of the Land Act 1994.

 

|2. Trustee details

 

 

 

Trustee’s name/s Trustee’s Address/s
Sunshine Coast Regional Council Locked Bag 72
Sunshine Coast Mail Centre Qld
4560
[3. Existing tenure of the subject land
Trust Land Description: Park RES19416
Lot: 32
Plan: N21854
Parish: Weyba
County: March
Local Government: Sunshine Coast Regional Council
Area of Land: 0.3050ha
Conditions of Tenure: Standard trustee conditions
| 4. Existing description of the subject land

 

History of the Land

The area of land currently known as Noosa Sound was developed as the Hays Island
Development in 1971 as a result of a State Government development.

Lot 32 (“the Park”) was zoned “Open Space” in the 10 March 1973 Gazettal No.41 of
the Town Planning Scheme for part of the Shire of Noosa. Attachment 1

The development was gazetted No.42 on the 25" October 1975; as identified in the
order in Council dated 1 November 1973. Attachment 2

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Page 51

The “Development Lease under the Land Act of 1962-1971” states in item 4:

‘At least eight percent (8%) of the reclaimed land is to be surrendered to the
Crown free of charge for Park and Recreation purposes and eighteen percent
(18%) of the natural water frontage will be required for public access. The
proposed Reserves for Park and Recreation purposes are to be filled to final
levels, top-dressed and grassed to the satisfaction of the Minister and the Council
of the Shire of Noosa, and at least two (2) percent of the reclaimed land is to be
set aside for commercial purposes (excluding multi-unit development).

The Lease refers to Plan MCH3424 Attachment 3.

Local Area Description

The Park is bounded by Noosa Parade to the south, the Noosa River to the north, a
small business, shopping and restaurant complex to the west (“Quamby Place”), and
a unit complex to the east.

The current zoning of the Park and its surrounds is shown in the map below.

 

 

 

 

The Character Statement Part 9, for the Noosa Heads locality in The Noosa Plan
2006 (the Planning Scheme) is attached as Attachment 4. Relevant comments in
the Character Statement are: -

“The accessibility and convenience of significant open space including the natural
features of the beach, Noosa River and Noosa National Park ensures ample
recreation opportunities.”

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“A neighbourhood centre at Quamby Place provides low level goods and services for
nearby residents and visitors but also includes various restaurants. A jetty provides
access to the Noosa River and the ferry.”

The Overall Outcomes for the Noosa Heads locality in The Noosa Plan are attached
as Attachment 5.
The Overall Outcome in the Noosa Heads locality for the “Open Space Recreation
Zone?’ is:
“Areas of open space contribute to the desired lifestyle of residents by offering
a variety of passive and active recreational experiences that are conducive to
community interaction and wellbeing.”

The Outcomes for the “Neighbourhood Centre Zone — The Quamby Place
Neighbourhood Centre is:
|. forms a focal point for the local community and visitors, provides services and
facilities to meet their day-to-day needs;
ll. provides Business Uses that respect the existing residential amenity of visitors
and residents within and surrounding the development; and
lil. provides Business Uses that are of a scale and character consistent with the
locality and Noosa’s retail hierarchy

Noosa Sound incorporates several other waterside parks seen in Attachment 6 -
Neighbouring Parks Map, all of which abut residential or unit complex land and all of
which are adjacent to the Noosa River or Weyba Creek. The Park in Quamby Place
contains a public tennis court.

Use of the Park could affect residents of the unit complex to the east, which is
overwhelmingly a tourist accommodation complex.

The Quamby Place Neighbourhood Business Centre situates 10 shopfronts facing a
colonnade, which immediately abuts the Park. There is therefore easy access, or
permeability, between the centre and the Park.

Existing Uses

The primary existing use of the Park is for passive and limited active recreation. The
Park provides a treed, shaded and grassed environment, some limited hard
landscaping (low walls) and soft landscaping (mounding and a herb garden), views to
the river, and a small children’s playground. The park provides a beautiful backdrop
for weddings with the river in the background. Several weddings are held annually in
the park, some of the weddings use the Quamby Place Restaurants as reception
venues, as this provides close proximity for couples and their guests to walk to the
park and reception from adjoining holiday accommodation.

A significant secondary use of the Park is for outdoor dining, in a narrow strip
immediately adjacent to the Quamby Place centre. There are 6 paved pads in that
strip, on three of which outdoor dining occurs under approvals historically given by
the Council. There are shade structures over those three areas. The outdoor dining
approvals are for the hours of not before 5.00am or after 12.00 midnight, and can
operate seven days per week.

The three outdoor dining approvals are for areas of 53 m?, 25 m* and 24 m*: a total of
102 m’*. That area represents 3.3% of the area of the Park. There are also 3
concrete pads on the Park adjacent to shops 3 4 & 9, which are approximately 5.5m

a Ae
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Page 53

by 4.0m or 22 m?%, an additional 66 m’. This is a total area of 168 m* or 5.5% of the
area of the Park.

Existing Interests

There are no easements within the Park.

The following permits for outdoor dining have been granted by the Council:
Shop 10 — Ricky's River Bar and Restaurant - an approved trading area of 53 m?
Shop 8 — Tempo Noosa - an approved trading area of 25 m?

Shop 2 — Rock Salt — an approved trading area of 24 m?

The council understands the following liquor licences are held by the restaurants:
Shop 10 — Ricky's River Bar and Restaurant — Licence Number 88454

Shop 8 —- Tempo Noosa — Licence Number 122433

Shop 2 ~ Rock Salt — no licence as it is a BYO restaurant

Exclusivity and Restrictions of Existing Interests

The conditions of the outdoor dining approvals include:

° A clear pedestrian area and access ways abutting the approved trading area
must be maintained at all times;

° Approved tables and chairs must only be placed within the approved trading
area during the hours that the business is open for business and not before
5.00am or after 12 midnight;

° Tables and chairs must be removed from the approved trading area at close
of business each day;

° Retractable screens must be raised at the close of each day to the highest
point; and

° It is the responsibility of the permit holder to provide safe open access in line

with the Disability Discrimination Act 1992.
Existing Infrastructure
Existing infrastructure in the Park is minor and comprises:
1. A Unitywater Pump Station (PS NH10) situated in the Park near the south
eastern boundary, a sewer line along the Noosa Parade frontage (southern
boundary) and a sewer overflow line near the eastern boundary. A SCADA pole is
sited near the pump station.

2. Abus shelter is located within the Park along the Noosa Parade boundary.

3. There are two street lights located towards the western boundary of the Park,
one approximately opposite Shop 2 and the other approximately opposite Shop 8/9.

4. Other normal type park furniture is located within the Park; eg playground
equipment and park benches.

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Detailed Site Description

The Sound Park is a waterside amenity reserve approximately 3,050m? in size
bounded to the west by single and two storey commercial enterprises, Quamby Place
and a four storey holiday apartment accommodation to the east, Noosa Shores
Resort. The Noosa River runs along the northern edge and Noosa Parade to the
south.

Park infrastructure includes a playground; low walls retaining mounded grass and
planted areas; seating; a picnic table; flagstone pavement, and a combination of
remnant vegetation and intentional tree planting. Refer to Attachment 7 Site
Analysis — Functionality diagram.

The playground contains three items - koala spring toy, pendulum swing and normal
swing which are fourteen and sixteen years old. A recent infrastructure assessment
(Sept 2011) identified the two major elements as being in poor condition, with the
current fall zones inadequate and the equipment worn. The assessment
recommended that the play area be upgraded and be considered for future funding.
While intact, the low walls and park furniture appear tired and in a state of decline. A
sewerage pump station is located near Noosa Parade. The station is in a prime
visual and pedestrian access zone.

Pedestrian access into the park can be made via the Noosa Parade path network,
through the building arcades of Quamby Place and via a privately operated ferry
pontoon accessed by the public through Ricky's restaurant in the north western
corner of the park. Currently, there is no formal, access compliant path through the
park. Attachment 8 contains the Landscape Site Analysis - Connectivity
diagram.

The reserve has active road frontage to one side only. The mounded and dense
planting limits the visual surveillance into the park from the road. The activated edges
of the neighbouring commercial properties provide the park with added visual
surveillance, assisting with the implementation of Crime Prevention through
Environmental Design (CPTED) related principles.

The reserve provides a low key, natural space for both passive and active recreation.
The children’s play area offers play opportunities for visitors, residents and patrons at
the adjacent restaurants. The site presents picturesque views across the Noosa
River to Noosa Spit Recreation Reserve and a limited view of the Noosa North
Shore. Park users utilise the site’s river access for fishing in the Noosa River, take
panoramic photographs (including wedding parties) or simply take in the view.

Under the Noosa Plan, the reserve is mapped as falling within the following areas:

Riparian Buffer Area (Noosa Heads Biodiversity Overlay);
Koala Living Area (Schedule 7 Map — Koala Habitat Areas);
Subject to Min Floor Height and Flood Hazard near the river bank (Noosa
Heads Natural Hazard: Landslide & Flooding Overlay);

e High Potential Acid Sulphate Area due to its 0-5m AHD properties (Noosa
Heads Natural Hazard: Bushfire & Acid Sulphate Soils Overlay).

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Page 55

Native Title Status

There is NO application or determination or claim of Native Title over the Park.
Native title was extinguished due to prior works on the Park; namely major public
earthworks to reclaim the site due to the 1971 Hays Island Development and
because the reserve was gazetted on 25"" October 1975, by Order of Council on 1*
November 1973 Attachment 2, which is prior to 1996.

 

 

jusels ofthe Subjectland Cee ee
Proposed Uses of the Land
The Concept Plan for the Park is attached as Attachment 9.

The proposed uses contained in the concept plan use the existing low-key
commercial outdoor dining as a way to further activate the Park. The outdoor dining
area will “open” the Park and ensure that the space is open and accessible to the
public. The management and control over the impacts of the commercial activity will
be regulated through the trustee permits.

The proceeds of the permits will be used to develop the non-commercial aspects of
the Park, with a focus on Park improvements, Park activation with an aim of
preventing crime and supporting recreation. The concept plan shows that the
outdoor dining areas are integrated into the Park, ensuring a seamless area of public
open space rather than closed private use. Key principles of this activation are:
management, legibility, connectivity and permeability with a blur definition of public
and private space, maintaining the natural character, increasing public usage and
providing facilities and amenities to support the desired functionality of the Park.

The proposed use of the Park will blend with the natural attributes of the Park and
enhance the primary use of the Park by the community.

Once upgraded, the new design will encourage more couples to hold weddings there,
encourage locals to interact more freely and for families staying in the surrounding
holiday accommodation to use the park as part of their holiday experience.

The Primary Use will continue to be that of a park providing primarily passive
recreation opportunities adjacent to the river. The Park will retain its current low-key,
natural appearance: that is, there will be a minimum of hard landscaping and formal
park features and furniture.

The Secondary Use proposed is for outdoor dining, which is an approved action by
the trustee and an inconsistent action with the purpose of the trust land under section
52(3) of the Land Act 1994. It is the opinion of the trustee that the inconsistent action
will not diminish the purpose of the trust land, and will not have an adverse
affect on any business in the area. The secondary use is generally in accordance
with existing Council policies for outdoor dining on footpaths, adjacent to the Quamby
Place centre businesses abutting the Park, in a strip approximately 5.0m wide.

That proposal for Secondary Use could, over time, accommodate additional outdoor
dining areas of up to approximately 30m? each, representing a total of 9.65% of the

foc
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Park area. It is, however, highly unlikely that all of the shop premises adjacent to the
Park would ever house restaurants at the one time.

The Proposed Primary Use reflects the general thrust of community preferences
arising from the community consultation held in November 2010 about the future of
the Park.

The Proposed Secondary Use also reflects a very strong response from the
community to the question of whether outdoor dining should continue in the Park in
the manner that it does currently. In addition, the following considerations support the
Proposed Secondary Use:

Outdoor dining has been occurring in the Park since 1987, when the first permit for
outdoor dining was approved by Noosa Shire Council. It has had a substantial history
of operation, without complaint until a complaint in late 2009 regarding loud music
late at night (a practice that has since discontinued).

Many community members submitted that outdoor dining in the Park is not
inconsistent with the purpose of the Park, but complementary.

A number of community members have argued that the outdoor dining is
complementary with the Park for parents and children. Children can and do play
safely in the Park, under parental supervision, while parents complete their meals or
have coffee.

Community members also submitted that both tourists and residents appreciate the
opportunity to dine and simultaneously enjoy a natural park and a river outlook. A
number see this as a quintessential “Noosa” experience, synonymous with a “Noosa
lifestyle”.

In recent years, the issue of public safety and security has changed thinking about
parks, and led planners and landscape designers to reconsider how parks can be
revitalised in order to encourage their greater use and ensure that they do not
become loci for anti-social activities. This trend has accompanied the development of
the CPTED approach to the design of public spaces.

The original architectural vision for the Quamby Place centre anticipates activity
between the buildings and the Park; the open colonnade abutting the Park, the
permeability between the building and the Park, and the facing of shopfronts onto the
Park all point to a vision for uses of the Park that the community have identified in the
community consultation and that outdoor dining in the Park provides.

If the outdoor dining area is removed, the Park would revert to a park space. This
plan has highlighted the current state of the Park, the lack of activation and potential
for crime. Removing the outdoor dining area will not see the Park activated in a
manner that increases community participation.

Is the proposed or existing secondary use consistent with the primary use of
the trust land?

The use of the Park is inconsistent with the purpose of the trust. However, this Trust
Land Management Plan is to ensure the appropriate enhancement and protection of
the park for the future.

“Ge
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User groups - Quamby Place patrons, local residents, holiday makers, &
commercial entities

Constraint:
Opportunity:

Constraint:
Opportunity:

Park not maximised to full potential as a local park

Enhance public amenity which also “complements the commercial
interface.

Areas in the Park are used exclusively for commercial gain

Better manage the outdoor dining zones with a holistic vision for all
users of the public Park.

Access - Pedestrian & Visual Permeability:

Constraint:

Opportunity:

Constraint:
Opportunity:

No formal accessible Disability Discrimination Act 1992 compliant path
network in the Park

Utilise access from Quamby Place car park & commercial arcades to
provide a more integrated path network throughout the Park.

Limited off-street parking
Utilise Quamby Place

Park Functionality - amenity value:

Constraint:

Opportunity:

Constraint:

Opportunity:

Constraint:
Opportunity:
Constraint:

Opportunity:

Constraint:

Playground - not integrated into the Park, doesn’t stand out visually to
encourage play.

Create informal play nodes in the Park by earth re-grading and the
introduction of artwork.

Seating areas - inadequate & visually hidden from obvious sight lines
& poor access by lack of a formal path network.

Provide better integrated seating. Open up viewing from Noosa Pde
through revised landscaping treatments.

Service infrastructure - sewage pump station, visually obtrusive &
located in a prime pedestrian access zone.
Screen or install artwork to improve visual aspect.

Trees - very densely populated with minimal open space, ultimately
reducing Park functionality.

Formalise an open space area whilst utilising the ample shade cover
provided by the trees.

Outdoor dining areas - Quamby Place currently utilises the Park

adjacent to their establishment for commercial gain with local Council
approval which impacts on the Park’s functionality.

a§c

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Opportunity:

Constraint:

Opportunity:

Constraint:

Opportunity:

Constraint:
Opportunity:

With a_ holistic Landscape Management Plan developed and
implemented, funding gained from commercial bodies will directly be
utilised for the on-going maintenance and upgrade of The Sound Park.

Earth mounding and retaining walls adjacent to Quamby Place inhibit
visual & physical access to approximately one third of the Park due to
dense vegetation and grades creating a barrier.

Re-grade or remove mounding to achieve better access and visual
permeability.

Access to the river / pontoon from the Park is very restricted - access
only achieved via Ricky’s restaurant.

Provide a better interface between the Park and the river with a more
centralised pontoon for recreational and transportation uses.

Bus stop - poor access through the Park to link with the ferry transport
Provide a better connection / link of transport infrastructure services.

Location - Pedestrian & Vehicular

Constraint:

Opportunity:

Constraint:
Opportunity:

Poor visibility into the site from Noosa Parade - uninviting and reduces
Park usage.

Removal of earth mounding and improvement to Park amenities or
installation of destination elements.

The Sound Park’s close proximity to other neighbourhood parks
Create a space which doesn’t compete with but compliments adjacent
Parks and open spaces.

Park Maintenance

Constraint:

Opportunity:

Currently maintenance and upgrades to garden beds are carried out
by business entities adjacent to Quamby Place, leading to minimal
control over vegetation and material palettes.

Formulate a Landscape Management Plan which is controlled and
implemented by Council.

Waste Management

Constraint:
Opportunity:

Very limited refuse facilities which are insufficiently serviced
Provide adequate facilities which are regularly serviced.

=10=

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Vegetation

Constraint: Dense tree cover impedes visual / physical permeability & limits open
space and Park functionality.

Opportunity: Rationalise current layout of Park to maximise functionality & utilise
shade opportunities yielded by trees.

Safety & Security

Constraint: | Earth Mounding to the south-western edge of the Park provides
pockets of secluded spaces and inhibits visibility into the site.

Opportunity: Enhance passive surveillance and activate spaces within the Park by
remoulding mounds and selectively clearing non—native vegetation.

Adjacent Accommodation Impact conditions

The potential adverse impact on the adjacent accommodation complex of outdoor
dining is managed by the existing conditions of approval of outdoor dining, including:

e Permit holders cannot use amplified music, public address systems, extension
phone bells and the like in the approved trading area

e Permit holders cannot use lighting without Council approval. Where this is used it
must be shielded from direct viewing by the adjoining residential uses to the east.

e Permit holders must conduct their activity in a manner that does not cause a
nuisance

e Permit holders must maintain the cleanliness of the approved trading area and
surrounding pedestrian areas and accesses, and ensure that table accessories or
items provided to customers do not produce litter

e Shops 8,9 & 10 have implemented a Q Place Restaurant Neighbourhood Noise

Policy Attachment 10 which includes measuring & recording noise levels after

8.00pm

i. Wedding noise: under the terms of the noise policy, the ceremony may be
conducted in the Park but any reception must be within the confines of the
restaurant and the approved outdoor dining area. Monitoring of the noise will
be in accordance with the Q Place Restaurant Neighbourhood Noise Policy.

ii. An application for use of the park for wedding purposes must be approved by
Councils Community Land Permits Department, at a cost of $127.00. This
money could also be used for refurbishment and maintenance of the Sound
Park.

e Daily removal of furniture

Development Intended

The Concept Plan sets out the future intended development of the Park and of the
outdoor dining areas.

The implementation of the concept plan will encompass a staged construction
program over future years, utilising funds obtained from the outdoor dining permits
and any other available funding. The rate and extent of implementation is subject to
the amount of funding available each year.

cl
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Development of the proposed outdoor dining areas will be subject to: -
1 The Land Trustee signing the application for the type/extent of the structures
permitted for the outdoor dining area,

e whether/when building certification is required;

e any additional structures must complement the existing
buildings/structures and be consistent with the intended character
of the locality.

Council policies with regard to the use of public land,

Development proposals from adjacent businesses, (ie market conditions), and
Complies with the Planning Scheme and any development approval
conditions including:

e The lodgement of a development application for a Material
Change of Use;

e The capacity of applicants to meet development conditions such
as provision of car parking and toilets/amenities;

oe) LS)

Exclusivity and Restrictions of Proposed Use and Associated Development

Exclusivity and restrictions to public use arise only in relation to the designated,
approved outdoor dining areas although members of the public are free to move
through the outdoor dining areas at all times.

There are no fences or gates restricting public access to the outdoor dining areas.

The seating and outdoor dining areas are restricted to paying customers during
business hours, and are vacant while the businesses are not open. However, the
current outdoor dining areas comprise only 3.3% of the Park area at present and a
maximum of 9.65% if ever fully utilised for outdoor dining.

Commerciality

It is proposed that, in accordance with Section 63((3) of the Land Act 1994, all of the
income generated by the commercial outdoor dining use be expended on the
maintenance and enhancement of The Sound Park, and of the neighbouring parks
located on Noosa Sound, as shown in the map Attachment 6. These parks
represent a local park network that provides a range of passive, and some active,
recreation opportunities for local residents and tourists.

The income generated for 2010/2011 was $21,825 pa. The current rental levels have
been developed on the basis of consistency with the rentals charged for outdoor
dining on road reserves throughout the Sunshine Coast Region, but reflecting local
variations in commercial land values.

The outdoor dining areas comprise only 3.3% of the Park area at present and a
maximum 9.65% if ever fully utilised for outdoor dining.

 

| 6 Community consultation

 

Please see attachment 11 which summarises the Community Consultation that
informed this plan. The attached document is NOT FOR PUBLIC viewing.

saps
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Page 61

 

 

 

 

ive or Manage | Relevant Actions Key Completed | Who is
performance | By (Date) Responsible
Indicators for the Action
the community | Create an agreement between | Compliance to | asap Property &
a high demand | the State and Council to | permit Business,
or dining in this | manage the Noosa Alfresco | conditions & Sunshine Coast
Style Dining in The Sound Park | consistent Council.
income
stream from
commercial
use.
and its furniture | Activate Concept Plan andj} Concurrence | asap Property &
are very tired./ | Maintenance Plan to be created | of public and Business,
ake the Park a} and approved. permitee Sunshine Coast
‘isit and for the satisfaction Council.

 

 

 

 

 

 

 

 

 

 

Budget Allocated ($) Relevant
Financial Year
ty expectations while allowing continued use | Nil. Funds for upgrades will come | Ongoing
) from income derived from outdoor
dining fees
1 will enhance both the amenity of the park | Nil Ongoing
id significant value to the park without | Nil Ongoing

f.

 

 

 

-13-

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Page 62

 

 

This land management plan can be monitored for effectiveness on the
anniversary of each trustee outdoor ening permit, which is issued 1 July to 30
June every year. :

 

This land management plan recommends the Minister approve trustee leases
over areas of the Park being utilised for outdoor dining. The outdoor dining in the
Park has been occurring since 1987 and Council community consultation has
resulted in overwhelming support of this activity continuing in the Park, both as a
way of activating the Park and also to enhance the use of the Park.

That the park redesign and upgrades be referred to the Manager of Parks and
Gardens for inclusion in future capital works program.

 

Attachment 1
QLD Govt Gazette No 41. 10 March 1973

Attachment 2
QLD Govt Gazette No 42. 25 October 1975

Attachment 3
The Development Lease under the Land Act of 1962-1971. See item 4.

Attachment 4
The Character Statement for the Noosa Heads locality in The Noosa Plan (the
Planning Scheme)

Attachment 5
The Overall Outcomes for the Noosa Heads locality in The Noosa Plan are
attached

Attachment 6
Neighbouring Parks Map

Attachment 7
The Sound Park Landscape Site Analysis — Functionality Drawing

Attachment 8
The Sound Park Landscape Site Analysis — Connectivity Drawing

Attachment 9
The Sound Park Concept Plan — Aug2011

Attachment 10
Q Place Restaurant Neighbour Noise Policy (See paragraph Safety & Security —
Noise levels).

Attachment 11 NFP
Community Consultation Report - NOT FOR PUBLIC

-14-
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Page 63

‘UN ROBERTS
. PLEASE RETURN. |

[1073]

 

oom Q

 

overinne: i Bazece

{
errno

> BY AUTHORITY

WN PLAN

 

 

(No. 41

 

 

And whereas

of (g) An application by the said Council for approval
of a town-planning scheme (hereinafter referred
to as “the said scheme”) prepared by the said
Council for part of the Area of the Shire of 4
Noosa pursuant to the said resolution was made i

rein to the Minister within the period prescribed by the
things said Act; i
(hk) The application was accompanied by all objec-
c the tions, representations and particulars with which it
made was required to be accompanied by the said Act;
£ the and
ws @ (i) The Governor in Council, after considering the
inister application and all objections and representations
ms to accompanying such application, deems it expedient

to approve the application in part:

. Now, therefore, His Excellency the Governor, acting by
sribed and with the advice of the Executive Council and in pur-
pt of suance of the provisions of the said Act, doth hereby approve

im part the application by the said Council for approval of
ity in the said scheme and doth hereby notify that the said scheme,
ed as sO approved in part, shall be as described in the Scheduls

hereto. ‘
mane And the Honourable the Minister for Local Government
and Electricity is to give the necessary directions herein
every accordingly.

1 and KEITH SPANN, Clerk of the Council.

ying

ation,

or in ncn

pol Tue Scurpure

‘emmor THE TOWN-PLANNING SCHEME FOR PART OF THE
Lied SHIRE OF NOOSA :

This town-planning scheme includes the scheme maps and
if the is divided into the following parts, namely:—

such Parr [—DEFiniTions;

2 and

te te Part Ii-—Zonine;

ereby Division 1—Division of Town-Planning Scheme
Area into Zones;

, Division 1i—Table of Zones;

aoe Parr Hi—-SpreciAL Requirements in RELATION TO

1968, MuLtipLe Dwetuines, Accommopation Units

nafter 4nD HoTers

Panr IV—Ezisrine Lawsut Non-Conrormine Uses;

Page 64

 

\H, Air Marshal
uian Air Force,
uished Order of
Commander of
British Empire,
ler of the Bath,
ensland and its
Australia,

1936-1973 it
Governor in
Authority, by
to be a first-
Act, and upon

And whereas
jested that the
1 the Schedule
dr the purposes
COLIN THOMAS
and with the
rsuance of the
hereby declare
n the Schedule
irposes of the

mment House, -
inuary, in the
: hundred and
d year of Her

cIKCECHNIE,

57 to 74 of

42 to 380 of

ms 17% to 198
syba.

alignment ot
> Beach Road
‘esterly to the
that alignment
t of Arcadia
south-western
hat alignment

alignoment of
: Beach Road
festerly to the
that alignment
+ Way north-
ern boundary
m and north.
outh-west and
the Cooroy—
to the south-
by that align-
nent.
tion 84, parish
itern boundary
1 R.P. 129636,
south-western
south-easterly
lines bearing
1 264 degrees
it 327 deerees
> the point -of

on 50 of sub-
€ portion 151,

subdivision 83
n 1 of portion

 

5. (2) All the land comprising subdivisions § and 6 of
allotment 1 of suburban section C.

(6) All_the land comprising resubdivisions 1 and 2 of
subdivision 3 of suburban portion }, Parish of Weyba,

(c) Commencing on the western alignment of Edward
Street at its intersection with Gympie Terrace and bounded
thence by that alignment and the northern alignment of
Elizabeth Street southerly and westerly to the south-east
corner of resubdivision 2 of subdivision 3 of portion 2,
Parish of Weyba, by the east boundaries of that resubdivision
and resubdivision 1, north to the south-eastern alignment of
Gympie Terrace and by that alignment north-easterly to the
point of commencement.

6. All the land comprising subdivisions 39 and 40 of
portions 10 and 11, parish of Weyba,

Town of Tewantin
7. (a) Commencing on the western alignment of Ernest

Street at the north-east corner of resubdivision 67 of sub- ~

division 1 of portion 106, parish of Tewantin, and bounded
thence by the northern boundary of that resubdivision north-
easterly to the eastern alignment of Earl Street, by. that
alignment, the southern alignment of Hilton Terrace and
the western alignment of Ernest Street, north-easterly, south-
easterly and south-westerly to the point of commencement.

_ (6) All the tand comprising subdivision 3 of resub-
division 61 of subdivision 1 of partion 106, parish of Tewantin.

8. (a) All the land comprising cesubdivisions 1 to 4
Of subdivision ‘1 of allotment 1 of section 12,

(6) Commencing on the western alignment of Diyan
Street at the nerth-cast corner of subdivision 1 of allotment
'S of section 9 and bounded thence by the northern boundaries
of that subdivision, allotments 4 and 3, subdivision 1 of
allotment 2 and subdivision 2 of allotment 1, west to the
eastern alignment of Sidoni Street, by that alignment, the
southern alignment of Poinciana Avenue, and the west align-

ment of Diyan Street, north-east and south to the point of
commencement,

. (¢) Commencing on the western alignment of Diyan
Street at the south-east corner of subdivision 1 of allotment
6 of section 8 and bounded thence by that alignment, the
northem alignment of Pcinciana Avenue and eastern align-
ment of Sidoni Street, south, west and north to the south-
west corner of Lot 2 on R.P. 116776, by the southern bound.
aties of that Lot and Lots 2 and 1 on R.P, 120331, allotment
8, subdivisions 2 and 1 of allotment 7 and subdivision 1 of
allotment 6, cast to the point of commencement. 00

Page 65

Page 66

 

Mey

Jato! foe

 

 

 

 

25 Ocroxer, 1975] QUEENSLAND GOVERNMENT E, No. 42 153
NOTIFICATION ScuEDULE—continwed
State Transport Act 1960-1972 en Tigepainteh weeny
THE Commissioner for Transport, in ce of the pro- Island Weipa Missio:
visions of the State ranport et 1960-157 hereby nodes Stonehenge Ppupaiey Tian! Welbe Mission
Commissioner has : Strathgordo: Te
of passengers, the carriage of Nat eet the carriage of Strathheven Ton nomba Winton
passengers and goods by air, except under and in Strathmay Torwood Wondai
SPs ee ies st conditions of = Estee under Part Va Strathmore Townsville Woondoola
from any place named Schedul i Vi of Wooroona.
der to any other place named in such Sched Sacer eAcae Valley Lagoons woe bade
Scuepvre Tanbar Station Nigetvale yendouts
Abingdon Downs — Dusringa ducky Downs Taroom Wandoan Yaraka
Adavale Dunber Tpndtanest Tertick Terrick  Wandovale Yarraden
ey Dusk Sean Soren Thangool Warwick Yura
Arete Bue Mapoce and such Prohibition takes effect on the publication of this
Arrabury Edward River Mareeba notice in the Gazette,
Augustus Downs Mission Marina Downs Dated at Brisbane this seventeenth day of October, 1975.
Aurukun Mission Bidsvold Marina Plains F. C. BENNETT,
yvondale Marion =
Ayr Emerald Maroochydore 110 Secretary to the Commissioner for Transport.
Eromanga, Maryboroug! Department of Justice,
Baratiine Escape River Maryvale Brisbane, 23rd October, 1975.
Barkly Downs Esmeralda Mayne HIS Excellency the Governor, acting by and with the advice
Batavia Downs sul Mesueh of the Executive Council and in pursuance of the provisions
Battery ieee CO of the Elections Act 1915-1973 and all other powers him
inia Downs Galbraith Midaleton thereunto enabling, has been to rescind the Regulation
Beagle Gamboola 5 made on 10th October, 1974 which provided that pursuant
Resour quctbonl ieee to subsection (28) of section 14 of the said Act the prescribed
Benes Gecgeinern Michen date in relation to a general roll for a district for the purposes
Bi den, Gladstone Mitchell River of subsection (2) of the said section shall be 30th September,
i lencoe in ¥
ae geen Mma . Dinan a Hitann w Me
lackall e oO
Binet Downs Gienormaiston Hieelcoteba Brisbane, 23rd October, 1975.
Blackwater - ‘oraul 0] TIFICATE
ne Steg = Mort NOTIICATION OF, RECRRT, OF, ,CHRTEICATE
Great Keppel Island Morey “THE CANALS ACTS, 1958 TO 1960”
Palace Grosavale Lake) toate ipa Batend WHEREAS by “The Canals Acts, 1958 ‘to 1960,” it is amongst
Boulia Greenvale Station Mount Fullstop other things provided that when the Marine Board is satisfied
Bowen, Giany Downs Mount Gatint that 4 ca has been constructed in compliance in every
B ton Island fount Howi — A :
Brighton Downs Hamilton Mount Isa (a) The plans and i ms and other information
Brisbane Hayman Island Mount Mulgrave. and particulars identified in the Order in Council
Broadmeadow Headingly Mount Perry whereby the Goyernor in Council finally approved
Bulimba Heatlands Mount Surprise of the construction of that Canal; and
Bundaberg Heron Island Moura (b) The terms and conditions, if any, specified in such
Burke 3 River Hersey Bay [uliubbera Order in Council, :
urketown Pialba) gitidi the Marine Board shall certify acco! to the Minister,
Cairns Hervey's Range Musgrave who shall notify in the Gatette the oo by him of such
Camel Creek igginsfield Muttaburra certificate and the contents thereof; Now, therefore, 1, the
Camooweal Highbury Nappamerry Honourable Thomas Guy Newbery, Minister for Tourism and
Canobie ds Naryilco Marine Services, do hereby give notification of receipt by me
Cape Flattery Hinchinbrook Istand New Moon of a certificate’ by the Marine Board, that the canals con-
lla Horn Island ew Moon Station structed by Lae Enterprises Pty, Ltd. at Stage T of Shearwater
m posncen New Wotonga Estate, have been constructed in compliance in every respect
Carpentaria iffiey Station Noosa with the plans identified in the Order ia Council dated the
owns Ingham Normanton. 15th August, 1974, whereby the Governor in Council finally
Cecil Plains Injune - North Stradbroke approved of the construction of the said canals and the terms
Charleville Inkerman Station __ Island and conditions specified in the said Order in Council.
Charters Towers —_ Innisfail Oakey 112 TOM NEWBERY.
Chillagoe Inverleigh Oban ma =
Chinchilla Tron Range Orientos Department of Harbours and Marine,
Clermont Isisford Oroners Brisbane, 23rd October, 1975,
Clonagh dla Crest Pacemanex NOTIFICATION | OF RECEIPT OF CERTIFICATE
Clonctrry Jendah Palm Island PURSUANT TO SUBSECTION 1 OF SECTION 8 OF
Clover Downs Kalinga Prairie Station “PHE CANALS ACTS, 1958 TO 1960”
aay falpower Sains WHEREAS by “The Canals Acts, 1958 to 1960,” it is amongst
Colliasville Rarmone” Rediand Ba other things provided that when the Marine Board is satisfied
Condamine Ferumba Red Hill u De Copel: has been constructed in compliance in every
Coe cstton Rillowen Rote nood (a) The plans and specifications and other information
Kis Rock and particulars identified in the Order in Council
Coolangatta ingaroy ‘hampton * 4
Coolullah ‘King Junction Rokeby whereby the Governor in Council finally approved
Croydon Koolatah Rolleston of the construction of that Canal; and
Cuba Plains Koolburra Roma (b) The terms and conditions, if any, specified in such
Cuddapan Laguna Roseberth Order in Council,
Cunnamulla Lakefield Roseila Plains the Marine Board shall certify accordingly to the Minister,
Dagworth Lakeland Downs — Roxborough who shall notify in the Gazette the receipt by him of such
Dajarra Lake Pure Rutland Plains certificate and the contents thereof: Now, therefore, I, the
Dalby Laura Sabai Honourabie Thomas Guy Newbery, Minister for ‘Tourism and

Davenport Downs Laura Station Shute Harbour

Daydream Island Lawn Hill Silver Plains
Delta Downs Lilyvale South Galway
Diamantina Lakes Linda Downs South Molle
Dimbulah Lindeman Island Island
Dirranbandi Lizard Island Southport
Dixie ‘Lianrheidol Southwick
Donors Hill Long Island Spring Creek
Doomadgee ‘Longreach _ Springsure
Dotswood ‘Lorraine Station Springvale
Drumduff Lotus Vale Stanthorpe

Marine Services, do hereby give notification of receipt by me
of a certificate by the Marine Board, that the canals
constructed by Noosa Islands Estate Pty. Lid. at Sections 5, 6,
7, 8 and 11 of Hays Island Development, within the Area of
the Shire of Noosa, have been constructed in compliance in
every respect with the plans identified in the Order in Council
dated the Ist November, 1973, whereby the Governor in
Council finally approved of the construction of the said canals
and the terms and conditions specified in the said Order in
Council.
113 TOM NEWBERY.

Page 67

+ : 8
Z of. a Development Lease Nosemmmnnsnnamnnnmnmanrs -

 

QUEENSLAND

Development Lease under the Land Act ef 1962-1971

Blizabeth the Second, by the Grace of Gad, af
the Zuited Binghom, Austealin, aud Ber
oiher Reekus and Torvitories, Queen, Tend
of the Connon. toeulth, Defender of the Beith:——

 

 

Go AU to whom these Bresents shall come, Greeting:

NOOSA ISLANDS BSTALE PLY. LUD.

 

_ Whereas,

: “1971

ha® made application for a development lease under the provisions of te Land Act_ef1962, (hereinafter
referred to as “the said Act”), of the Land hereinafter described: Ano Waercas the Governor of Our State
of Queensland. with the advice of the Executive Council thereof, has granted such application, and has agreed
to issue a Lease of the said Land in Our name for the term, at the rent, and. upon and subject to the
conditions hereinafter mentioned: Now Know Ye that in consideration of the premises, and of the rent,
reservations, and conditions hereinafter reserved and contained, Wr, in pursuance of the said Act, Do Heresy
NOOSA ISLANDS ESPATE PLY. LID.
for Us, Our Heirs and Successors, Demise and Lease unto the said.

its
wali . (hereinafter Witonmmuenrensprsinre lOO i
i Ror ib ees S"RESTaCReLaLs:

3 ‘ vd R ak
title designated “the Lessee ”), emer wins Jawful Assigns, tiie ee ceneeeae

 

 

purposes, ALL that parcel of Land particularly described in the First Schedule endorsed on these Presents
, its ;
To Hotv the same unto the L and wdawful Assigns

. Ten
for and during the term of. years, to be computed from the
& sevenbty-one
Firat One thousand nine hundred and......

 

     

 

with, under, and subject’to the terms, conditions, provisions, exceptions, reservations, provisoes, penalties,
and forfeitures hereinafter particularly mentioned or referred to, or contained in or prescribed by the said
Act and to the conditions, reservations, and provisoes in “ The Mining on Private Land Acts, 1909 to 1965,” and
“Fhe Petroleum Acts, 1923 to 1967" of any Regulations made or which may hereafter be made under the
aforesaid Acts, or any of them: Yie.pinc ayo, Payinc unto Us, Our Heirs and Successors, subject

provisions of the said Act during ENS A ee ene yearly vont ‘or & BAe Tih ES oihties

 

such rent to be paid at the Office in Brisbane of the Department of Public Lands, or at any District Land.
Qfice, in Our said State, or at such other place as may from time fo time be appointed by the Governor of
Oor said State in Council, on or before the First day of January in cach and every year of the said term:
AND IT Is BBY ExERESSLY DECLARED AND AGREED!—(a) That this Lease or any part or portion of the said
Land comprised therein shail not be sublet by the Lessee ; (b) That the Lessee , subject to Section 221 of the
said Act, shall not in any way assign the said Land or any part thereof or grant io any person the right of
. occupation or tenancy or any other right or license to. over or upon the said Land or any part thereof or
any structure or building erected thereon: (¢) That the said Land or any part or portion thereof comprised
jn this Lease shal] not be subdivided except, with the orior permission of the Minister for Public Lands and
litigation, in accordance with the requiroments and provisions of Section 216 of the said Act. Anp IT {s
Furruer Hreesy Deciarep AND AGreEcn and these Presents are upon the express condition, that the Lease
hereby granted shall be subject also to the conditions set forth in the Second Schedule endorsed hereon: AND
that FT the Lessee make default in payment cf the rent hereby reserved, or any part thereof, at the times and
in the manner herein prescribed, or fall to observe ud perform the terms, stipulations, agreements, and
7 ond Schedule comained or referred to, or any of them, hen, and in such case,

in such case the Lessce shail not be entitled to receive the

 

 
 
 
  

 
  
 
 

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ihe

 

LSFY STAMP

   

~i-L-TL =61034 BSS © ago ©

 

ne eee ears
et

Page 68

 

 
   
    
  

 

of any improvements made the said Land it —wmnexecept as provided by Section. 236 of
said Act, AND We po seuey Pesaee unto Us, One Heirs and Successors, all such parts a1%0 much
af the said Land as imay hereafter be required for making Public Ways, Canals, or Railroads in, over and
trough the same: AND Atso the full and free right to take and remove any Indigenous Timber growing
thereon, and all other Materials being the natural products of the said Land, or being within, upon. or under
the same, which may at any time hereafter be required for the construction or repair of any Public Works:
AND ALSO, the right of full and free ingress, egress, and into, upon, over, and out of the said Land for
the several aforesaid: PRovibeo aLways and We po HEREBY RESERVE unto Us, Our Heirs and
Successors, at Gold and Minerals (the term “‘Minerals” to have the same meaning as in’ “ The Mining on
Private Land Acts, 1909 to 1965,”) on and below the surface of the said Land, all Mines of Gold and
Minerals on and below the surface of the said Land; AND WE DO HEREBY ALSO RESERvE unto Us, Our Heirs
and Successors, and to such persons as shall from, time to time be duly authorised by Us in that behalf, during
the term of the said: Lease, the free right and privilege of access, including ingress, egress, and regress, into,
upon, over, and’ out of the said Land, for the purpose of searching for or working Gold and Minerals, or
any of them, or Mines of Gold and Minerals, or any of them, in any part of the said Land: Axp we po
HEREBY AtsO Reserve unto Us, Our Heirs and Successors. all Petroleum (the term “Petroleum” to have the
same meaning as in “Zhe Petrolewn Acts, 1923 to 1967), on or below the surface of the said Land: AnD
ALsO all rights of access for the purpose of searching for and for the operations of obtaining Petroleum in ans
_ of the said Land; ANp atso all rights of way for access and for pipe lines and other purposes requisite
or obtaining and conveying Petroleum in the event of Petroleum being obtained in any part of the said Land:
AND WE DO HEREBY ALSO ve unto Us, Our Heirs and Successors, all Helium found in association with
Petroleum in any part of the said Land: AND WE DO FurTHEr Reserve the right of any person duly authorised
in that behalf by the Governor of Our said State in Council at all times to go upon the said Land. or any
p part thereof, for any purpose whatsoever or to make any survey, inspection, or examination of the same.

 

~~ Se Nec eat een RCS

ns IN TESTIMONY WHEREOF, We have caused this Our Lease to be sealed with the Seal of Our said
am, State.
of 3

a llency the Honourable SIR ALAN JAMES. NANSFIELD
His Excellen ie ’ es

WITNESS Our Trusty and Well-beloved -Sin—Hoxnas—,
on—the—Retired—List—of—the—-Corps—of-—Househotd—Gawalrys Knight
Commander of Our Most Distinguished Order af’ Scint Michael and
Saint George, Knight Commander of Our Royal Victorian Order, Campanion
of -Oue—Distinguished ServiceOrder, Governor in and over Our State of
Queensland and its Dependencies, in the Commonyealth of Australia,
at Government House, Brisbane, in Queensland, aforesaid, this

brraihe GAY female fi in
the twentieth year of Ow Reign anid in the year of Our
Lord Oue thousand nine hundred and sixty. SeVepty~one.

FIRST SCHEDULE

 

DEVELOPMENT LEASE NO. .insnnnummumnemune District: ...
March

 

1
COUNTY... PARISH? cos

 

 

Portion? ...
ed and thirty-eight acres,

 

SEE ATTACHED DIAGRAM aso ATTACHED SHEET or CONDITIONS

. ws
adv Plan No, Meh. ard Peant Appenpi /\

‘

 

Page 69

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Page 70

 

  
 

 

 

SECOND SCHEDULE attached ta Development -
Lease 8
(Conditions)

*

No compensation for improvements shall be payable by the Grown at the
expiration of the term of the lease but the lessee shell have the right to
remoye auy structural improvemants, within a period of three (3) montes, pro=
vided all uoneys due by tha lessee te the Croyn on any account whatsoever have
peen paid.

The iegsee shall, within twelve (12) montha from the commencement of the
esse, clear the land of any noxious plants and thereafter maintain the land
free of any noxious plants.

Special Conditions:

te The lessee shell to the satisfaction of the Minister, the Dovartuent of
Harbours und Marine and the Council of the Shire of Hoosu at his own expense
commence to develop the area of the lease within one year from the commencement
of the lease and progressively devolop the leased land in at least equal pro~
portions during each year ef the lease for business, residential, tourist and
recreational purposes and at such rate as to ensure completion of the develon~
ment of the whole area within ten years from the commencement of the term of the
Lease.

2e The Llossee shall reclaim the leased lend to levela of not less than 2.L. 7.00
(State Datum) on the north-eastern frontage aud Rule 5600 (State Datem) on the
south-eastern frontares

  
 
  

3. The sintmun a
porches & 66 feaé

4, At Least eight percent (8%) of the reclaimed land is to be surrendered te the
Crown free of charge for park and recreation purposes and oightcen percent (13%)
of the natural water froutago will be required for public accom, The proposed
Reserves Yor Park and Kkesreation purposes are to be filled to tial levels, top~
dressed und grassed to the satisvaction of the Minister and the Counedl of the
Shire of Noosusand at least tvo percent (2%) of che reclaimed land is to be ect U:
aside for commercial purposes (excluding uultieunit development).

De Bridges constructed by the lessee are to be of concrete construction with a
tmhoimum width of 24 feet between kerbs and having a walkway of a mindmua width of
6 feet on ene side, ‘ho bridges muat be enupuble of withatanding a loading of
H20e516-44 in accordance with the National Association of Australian State Raad
futhorities Highway Bridge Design Bpecificotion of 1965.

Wente-Shall be 2 xK

All bridges constructed by the Lessee (other than any spanning seyba Creek)
shall have a clearance of 6 feet above high water mark and shall provide for the
full area of waterway between tie adoptod regulation lines.

any bridge constructed by the lessee scrous wayba Creek must hays such
clearance ak may be determined by the Norine Board of (ueengland having regard
to the site propocad.e

fa The lessee shall within sixty (60) days from the commencement of the vax
the lease enter inte a bond to the satisfaction of the Gouneil of the shi
Noosa for the sum of seventy. thousand dollars (370,000.00) towards the c
bridge at ltumma foint, such bond to be lodged with and approved by the Counc’
of the Shire of Noosa.

The bond shall
uy the bond for the

lease.

  
  

 

 

Ge payable if and when the Council of the Shire of Noosa
construction of the bridge at any time withi

  

 

The Council of the Shire of Noosa u
said Council is unable to commence the bridse durin

: Ge ‘The le

 

volease the lessee from the bond if the
¢ the term of tha lease,

    
 
 
 
 
  

sé Shull constrvet residential roads at least z
kerbs. The s¢e shall provide @ throuch vond 42 fact wid
Batistactory to the Council of the dhire of
Munna Point may be required in accordance with

  

   
   

 

m kerbs with an

Site.

 

The lessee ail provide collector rou
,

additional set sack of 12 feet at the pro

 

Regidgenti
wide bety

  
 
 

h of all voxds ia te he to the Main Reads Department's
60 vehicles/day on the through voad and 30 vehicles/

5

 

Page 71

sana

‘She Sewerage, sater Supply and Gasfitting Acta, Guoensland and associated By-Laws i

    
 
 
  
  
   
  

% are to be surfaced with two coats of hot bitumen and provided with
Jgcbing and channelling 12 inches wide and footpaths 12 feet wide fn
evo to property alignment, constructed to final levels and loamed 52
Yell allotments. :

eseec shall supply and evact reflectorised name posts for all streetée

i Lessee shall construct 2 read along the southern boundary of section 3, town

foosn as indicated on the attached plan Appendix 4 and shell revet such raad

8 if adjoins Noosa Inlet to the satisfaction of the Department of Harbours and
ine. #11 roars required te be constructed by the lessee shali be of a standard

atisfactory to the Hinieter and the Council of the shire, of Noosa and during the

Ytewm of the teuse shall be designed in accordance with the Minimum Stendards of

ood and Drainage Design and Construction adopted by Council, by Hesolution, twenty~
fourth day of January, 1968 «nd chapter 57 of the Council's By-laws.

All roads constructed by the lessee must be maintained by the lessee in good . i
order and condition for a period oF 3 monthe after seceptance of same by the Councile?
the Shive of Noosa. During the term of the lease all work shall be carried out in
eceordance with the By-Lava of he Council current at the tine of the conmmencenent
of the lease. .

2. The Lessee shall provide water vetioulation to the leased land and te all allote
ments and public areas in secordance with the standards required by the Department

of Locei Goverment for urbun weter supplied, The saverage, water Supply and Gate i
fitting acta, Wueencland ond associated Sy-Lawa, und as Laid down in the "Code of |
rvogtice for Water Supply Planning" aa veyised from time to time and as approved by
bit jauneil of the Shire of Noose.

&, The lessee shall sewer the leased lend in accordance with the Council of the
Soixe of Hoosats design for Hooga Heads including construction of pumping stations i
end riging mains. fhe sewerage scheme hail be designed in accordance with the

Stundayds required by the Departwent of Local Government for urban sewerage schemes,

and as Laid down in the “Code of Practice for bxamination of Sewerage Schemes" as
yevieed from time to time and shull be in accordance with the requisments of the
Council of the Shire of Noosa.

When the Council of the Shire of Noosa proceeds with construction diverting
sewage from the Noosa leade temporary treatment plant to the permanent treatuent
plant site, providing this ovcurs within the tern of the lease, the lessee shall pay
tyelve thousand dollars ($12,000.00) towards the cost of this work and no further
works of any nature under this lease will be approved by the Sounch] until this sun
hos bean paid to toe Gouncii of the Shire of Noosa in full. .

In addition the Council of the Shire of Noosa shell within the term of the lease
reauive the Lessee to increase tho sine and amend the location ef sewer mains when
af “$2 necessary to eet the Council of the Shire of Noosa'ts ultimate design require-
ihe, ‘he inerease in cests to the Lessee shall not exceed four thousand dollars
(34,009.00)
9. Phe legsee shall provide drainage for the Leased land in vecordense with the
Btmndards of Stormwater Design used by the Department of Loeel Government and must
be capable of handling an average runoff of 4.75 cusees per acre

The level of dyainage outlete shall be RL. 005 State Datuity discharging ab
the frontages a

  
 

 

40-e The Lessee shall provide revetment to high water marl on #ll frontages to tidal
water. Un the exposed face of Kays Island, as inddeated om Appendix NAN, this
rovebment shall he of a design acceptable to the Nerine Board of queensland whilst
all other revetment may be of a quay wall designs

  

ALL vevetnent shall be constructed in accordance with plans aperoved by the
Governor in Council and the Noosa chire Gouncil. Additional revetuent in terms of
the Canalg dots may be required and in thia regard, a quay wall design may be mere
suitable. .

‘te The lessee chalt obtain a Dredging Fernit from the Marine Board of Queensland
pefore obtaining any material from below high water mare

Should the lessee elect to create watervays by dredging within the areas n=
closed by Regulation Lines, then it will, be required to meet the following require=
MeUbS te

  

(a) Lodgenent of provisional plans of the oreposed vateruays ith the Harlne
Boord of -yuconsland, together with a completed dehedule being Foru ta as incare
: < . a
roraged im Regulations mado under the Canals sct 19}0 to 419600

   
  
 

sent with the Marine Beard of wueensland and the Gouncil of the Shire
ioosa of plans of revetment to all property boundaries adjacent to the ar ihe
1 waterway. .

 

ai
on

Se

at
a
£.

Ear aA Sa Aa

ois &

Page 72

 

   
 

 

pay

ay

1 BO
PRS,
“hae

os

ct

rad

3k

5

oe

£

at

4 SECOND SCHEDULE
(Conditions)

{c) The lessee shall not commence dredging uatil plans lodged under (b)
above, have been approved by Council of the Shire of Roosa and the Governor in
Council, and plans lodged under (a) above have been approved by the Marine Board
of Queensland.

(a) The lessee shall arrange for the disposal of sewage as specified in
Section 9 (c) of "The Canals Acts, 1958 to 1960",

' It shall be a pre-requisite of the issue of the title to any land developed i
accordance with the Lease Conditions, that the works as described on plans lodged
and approved in paragraphs (a) and (b) above shall be constructed to the satis~
faction of the Minister and the Harbours and Marine Department. -

All dredged material used for reclamation of the leased land shall be subject
to a Royalty of 7.5 cents per cubic yard, or at the option of the permit holder,
& license fee of $10 per week or part thereof whilst pumping is in progress.

Dredging of the channel surrounding Keyser Island will not be permitted,

12. Reclamation of the leased land, construction of roads, canals and waterways,
revetment of the boundaries and banks of all waterways and bridges constructed by
the lessee shall be to 2 standard satisfactory to the Minister, the Department of
Harbours and Mayine and the Council of the Shire of Noosa.

13. The lessee shall obtain the approval of the Council of the Shire of Noose for
all engineering plans for roadworks, drainage, water and sewerage prior to the
commencement of construction of that section of the work. .

Ve Subject to the provisions of Section 216 of the Land Act 1962~1971, the lesse
may purchase the fee simple of any subdivision of the leased Iand approved by th:
Minister, when the lessee has paid to the Crown an amount equal %o 10% of the gros
sum for which it has bona fide contracted or agreed t> sell such subdivision to a
purchaser, or when the Lessee has obtained the Minister's approval to retain any
subdivision for its own use and has paid to the Crown such purchasing price as may
be determined by the Minister.

15. ‘The lessee shall, within three (3) months from entering into any contract or
agreement with any person to sell to that person or any other person any approved
subdivision of the lease, pay to the Minister the aforesaid 10% of the gross
selling price of the relevant subdivision and shall furnish satisfactory proof to
the Minister as to the gross amount to be received by it for the relevant sube
division. Unless otherwise required by the hinister, it shall be sufficient proof
if a stamped duplicate of the contract of sale or agreement to sell, duly executed
by the lessee and its purchaser, is produced.

The term "person" in this condition éhall be interpretated so ag to include a
hody corporate, Company, registered fila, society, association, or any purchaser
from the lessee. 7

16. Upon payment being mede by thelessee to the Crown, as hereinbefore previded
and upon the surrender to the Crown of the land comprised in the velevant sub-
division, a Deed of Crant in fee simple of each such subdivision shall upon furthe

4

payment of Deed and ‘seurance Fees be isstied to the lessee.

417. ‘The survey of the roads specified in Condition $ hereof and any other
required surveys shall be effected by the lessee at its own expense.

18. The lessee shall within sixty (460) deys of the commencement of the term of th
lease lodge with the Minister as surety for the completion of the work specified
in the aforementioned conditions, a bond for the sum of one hundred thousand dolla
($100,000.00) which will be returned to the lessee upon satisfactory compliance
with the conditions of the lease and the whole or part of the sum may he retained
by the Crown as the Minister, in his absolute discretion may direct.

fv

@ Feaches must be established on the park frontages to the satisfaction of the
Minister, the Devartment of Harbours an art

. ; : : sat cane Ae

Noosa. (fo be read in conjunction with Condition 4)

t

asthe
v

   

 

Page 73

Attachment 4 - Quamby Place - Trust Land Mgmt Plan

PART 9 - NOOSA HEADS LOCALITY PLAN

Character statement of the locality’
Physical Setting

The Noosa Heads locality is situated in the eastern part of Noosa and is defined by—
. the Noosa River and Laguna Bay in the north and north-west;

. the Pacific Ocean in the east;
. Noosa National Park in the east and south;
. Weyba Creek in the west; and

Lake Weyba in the south.

The locality is part of a complex system of lowlands that drain to the Noosa River system. Elevated
land is located in the east and the rocky headland of Noosa Heads where the high dunes drain to the
Pacific Ocean and the Noosa River system. The dune system is generally very steep and follows the
line

of Noosa Inlet. Elevated land is also found in the north-west and in the south of the locality. Periodic
flooding occurs, as a consequence of the rainfall flooding in the river system and storm surge in Laguna
Bay.

Noosa Hill rising to 146m is the predominant landscape feature of the locality forming the skyline and
backdrop for much of the residential and visitor neighbourhoods.

Particular values of the landform and landscape are recognised in:-

. The coastline beaches;

. Noosa River, and foredunes, Weyba Creek and Lake Weyba;
. Noosa National Park;

. Noosa Spit/Noosa Woods;

. Lions Park;

. Weyba Park; and

Healthland areas of Girraween Estate.

The natural landscape has been substantially modified in many areas, though significant stands of
vegetation remain in the conservation reserves and in areas that are poorly drained or very steep and
inaccessible. Mangroves fringe many of the watercourses, with remnant stands still in existence in
Noosa Inlet and along Weyba Creek. Melaleuca stands, which were once common in the floodplain
areas, are now mainly confined to public lands. Remnant rainforest stands remain in the conservation
reserves and in the gullies associated with the headland. Heath and sedge lands also fringe many of the
watercourses and are associated with significant peat beds in the east of the locality. The area9-3
between Noosa National Park and the vegetation stands around Lake Weyba comprise part of a
significant koala habitat corridor.

Accessibility, Infrastructure & Servicing

The locality provides substantial commercial, retail and administrative services with two main business
focus points being at Hastings Street and Noosa Junction. The locality is well serviced by urban
infrastructure. Given the relatively high number of visitors accommodated in this locality, the two
centres are designed to cater for the differing needs of visitors as well as local residents. Hastings
Street particularly accommodates a high proportion of entertainment and dining premises providing
interest for visitors.

The natural landscape and watercourses of the locality strongly influence the location of road systems.
Consequently accessibility in some areas is limited. For some parts of the locality private vehicle is not
the most convenient form of transport and visitors are encouraged to take public transport, particularly
the river ferry or buses, or to walk or ride bicycles.

The accessibility and convenience of significant open space including the natural features of the beach,
Noosa River and Noosa National Park ensures ample recreation opportunities. The locality also includes
a golf course and bowls club.

Page 74

 

A neighbourhood centre at Quamby Place provides low level goods and services for nearby residents
and visitors but also includes various restaurants. A jetty provides access to the Noosa River and the
ferry.

Communities

Noosa Heads is the principal focus for visitor accommodation and services in Noosa. Noosa National
Park, Main Beach, surf off the headlands and Hastings Street and Noosa Junction are the key visitor
attractions. Noosa Heads consists of various smaller communities defined by topography and age of
development.

Noosa Hill and Cooloola Estate are both close to the commercial and recreational opportunities of
Hastings Street and Noosa Junction and offer breezes and views over Laguna Bay or the Eastern
Beaches. For this reason both hills were established for detached housing before lower lands, with
most of the building form being 2 storey as would be expected in an area of slopes and views. Detached
houses still dominate Cooloola Hill although much of Noosa Hill has subsequently been redeveloped for
units or resort complexes.

Little Cove has a well vegetated setting with ready access to Noosa National Park, Hastings Street and
the surf, making it much sought after. Development here is not as visually exposed as other parts of
Noosa Hill and the topography is not as steep. Buildings represent a cross section of ages and styles

Noosa Sound, a constructed canal estate combines ready access to Hastings Street, the Noosa River
and Quamby Place with watercourse frontage. Detached houses dominate and are generally large
masonry buildings that address the water where located on a canal.

Noosa Springs is a newer gated residential estate focused on a golf course and associated recreation
and social opportunities. Villas are of consistent masonry and tile roof construction reflecting a
Mediterranean style. Noosa Springs is expected to expand with significant visitor accommodation and
sporting and recreational facilities.

2 Text appearing in a shaded box like this is intended to provide guidance to the reader but is not part of the planning
scheme.

Page 75

Attachment 5 —- Quamby Place — Trust Land Mgmt Plan

Division 14—Overall outcomes for the Noosa Heads Locality.

9.8 Overall outcomes for the Noosa Heads Locality.

9.8.1 The overall outcomes are the purpose of the Noosa Heads Locality Code.

9.8.2 The overall outcomes sought for the Noosa Heads Locality are the following—

a)

b)

d)

e)

9)

h)

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;

iti 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;

Noosa Heads remains a primary focus for Visitor accommodation and
associated services in Noosa;

Hastings Street's character of low rise buildings, vibrant streetscape, mix of
indoor and outdoor activities, diverse dining opportunities, specialty Retail
businesses and pedestrian links to Main Beach is maintained;

Resident populations are accommodated in both detached and attached
housing with high levels of residential amenity and high levels of
convenience, accessibility and services;

The locality provides for a range of Community Uses, which contribute to
Noosa’s economy and employment base;

Sunshine Beach Road (David Low Way), Eenie Creek Road, Noosa Drive
and Weyba Road continue to provide a good standard of access for through
traffic as part of Noosa’s major road network,

A public transport node is located within the locality and links public transport
services to other centres throughout the Sunshine Coast and beyond;

Key recreation focal points, including Noosa National Park, Noosa River
foreshore and mouth, Noosa Main Beach and Lion's Park are protected for
residents and visitors;

Water quality in the watercourses of the Noosa Heads Locality are
maintained at high standards;

Areas of native remnant and regrowth vegetation, including their biodiversity
and habitat values are protected;

Land that has natural environmental values and cultural heritage values is
protected and maintained for future generations, including the following—

i Noosa National Park and Keyser Island and Weyba Creek
conservation parks;

ij the vegetated hills which frame Noosa Heads, Laguna Bay, Noosa
Inlet and Hastings Street;

iti Noosa Spit and the beaches;

iv the foreshore areas of the Noosa River, Lake Weyba, Weyba Creek
and their associated riparian communities;
v the koala corridor between the various parts of the Noosa National

Park and vegetation stands around Lake Weyba;

Page 76

 

n)

p)

q)

vi the vegetated drainage lines through residential estates; and
vil private land with native vegetation communities;

Substantial key sites are protected for resort developments, which focus on
Noosa’s natural low key outdoor appeal and cultural values;

For the Detached Housing Zone—Detached housing prevails which

maintains—

i a low impact, low density development form of domestic scale;

ii a high level of residential amenity;

iii allotment sizes and densities which are consistent with the character
of the particular neighbourhood;

iv building styles befitting the character of the locality and which
respond to, and are integrated with, site characteristics including
slope, vegetation and _ water frontage where applicable; and

v landscaping amongst buildings, retaining trees and vegetation
wherever practical;

For the Semi-Attached Housing Zone—residents are accommodated in

detached housing or semi-attached housing forms that—

i offer a high level of residential amenity, design quality and safety;
and

il respect the domestic scale of surrounding detached housing;

For the Attached Housing Zone—residents and visitors are accommodated

in predominantly Multiple housing forms that—

i offer a high level of residential amenity, design quality and safety;
and

ii respect the scale and character of the streetscape and surrounding
development;

For the Visitor Mixed Use Zone—development—

j comprises small business outlets with individual character;

ii comprises residential development that includes a mixture of
building sizes and are designed for Visitor accommodation, are
setback from the street and beach frontages and have a landscaped
character consistent with the street landscaping themes;

iii contributes to a high level of residential amenity, design quality,
landscape quality and safety;

iv respects the scale and character of the streetscape and surrounding
development;

v enhances the traditional focus for Visitor accommodation in the
coastal part of Noosa;

vi incorporates Entertainment and dining businesses, Retail

businesses and Commercial businesses that are of particular
interest to visitors;

vil contributes to the economy of Noosa through the tourism and
hospitality sectors; and

viii integrates with nearby public recreation and landscaped carparking
areas;

For the Neighbourhood Centre Zone—The Quamby Place Neighbourhood

Centre—

I forms a focal point for the local community and visitors, provides
services and facilities to meet their day-to-day needs;

ii provides Business Uses that respect the existing residential amenity
of visitors and residents within and surrounding the development;
and

ii provides Business Uses that are of a scale and character consistent
with the locality and Noosa’s retail hierarchy;

Page 77

t)

For the Business Centre Zone, the Noosa Junction Business Centre—

| accommodates significant Retail business, Commercial business,
Entertainment and dining business, and Community Uses that
provide residents and visitors with a range of goods and services
including some higher order services; and

ii accommodates uses that do not detract from the role of the Shire
Business Centre as the principal business centre for Noosa;

iii incorporates a mix of business uses and upper level employee
housing which reduces commuting pressures and creates a vibrant
environment with opportunities for both day and night time casual
surveillance; and

For the Community Services Zone—land for Community Uses and

Infrastructure Uses—

| is protected and managed to enable the efficient and timely delivery
of such uses;

li provides for the infrastructure, 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; and

iii includes housing and short term accommodation for people with
special needs such as the elderly and budget travellers;

For the Open Space Recreation Zone—areas of open space contribute to
the desired lifestyle of residents by offering a variety of passive and active
recreational experiences that are conducive to community interaction and
wellbeing; and

For the Open Space Conservation Zone—natural environmental values of

high order and warranting conservation status are—

i protected for their importance in contributing to ecological
sustainability including maintenance of water quality 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.

Page 78

Page 79

s)

t)

u)

For the Business Centre Zone, the Noosa Junction Business Centre—

I accommodates significant Retail business, Commercial business,
Entertainment and dining business, and Community Uses that
provide residents and visitors with a range of goods and services
including some higher order services; and

ii accommodates uses that do not detract from the role of the Shire
Business Centre as the principal business centre for Noosa;

itt incorporates a mix of business uses and upper level employee
housing which reduces commuting pressures and creates a vibrant
environment with opportunities for both day and night time casual
surveillance; and

For the Community Services Zone—land for Community Uses and

Infrastructure Uses—

| is protected and managed to enable the efficient and timely delivery
of such uses;

li provides for the infrastructure, 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; and

ii includes housing and short term accommodation for people with
special needs such as the elderly and budget travellers;

For the Open Space Recreation Zone—areas of open space contribute to
the desired lifestyle of residents by offering a variety of passive and active
recreational experiences that are conducive to community interaction and
wellbeing; and

For the Open Space Conservation Zone—natural environmental values of

high order and warranting conservation status are—

i protected for their importance in contributing to ecological
sustainability including maintenance of water quality and provision of
habitat and open space linkages; and

i appropriately managed to the general exclusion of development or
any further subdivision of freehold lots.

Page 80

 

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Page 83

Q PLACE RESTAURANT NEIGHBOURHOOD NOISE POLICY
PREMISES: SHOPS 8, 9 AND 10 Q PLACE

COMMENCEMENT DATE

This policy came into effect on 1 November 2010.

PURPOSE

The Premises are operated as licensed restaurants, The Premises are predominantly used by guests for
restaurant dining. The Premises are also used as a venue for functions.

The owners of the Premises and the restaurant owners and managernent believe that it is good
management to have a policy on dealing with noise which emanates from the Premises.

The purpose and aim of this policy ts to ensure that noise emanating from the Premises does not
adversely impact on the comfort of our neighbours,

POLICY STATEMENT

The owner of the Premises must take all reasonable steps to ensure that this policy is implemented by the
restaurant owners, restaurant management and restaurant staff.

Restaurant management must establish appropriate internal control systems to minimise breach of this
policy.

Internal control systems must include delegation of authority to deal with the implementation of the policy
and the monitoring of noise.

APPLICATION

This policy applies to the owners of the Premises, the owners of the restaurants and the management and
staff of the restaurants.

PROCEDURES

The following procedures are to be followed and implemented to accomplish the purpose and aim of this
policy.

Landlord Lease Conditions

The leases of the Premises contain a condition which requires the lessee of the Premises to
implement and comply with this policy.

The Landlord has the right to inspect restaurant records relating to staff training in noise
management and to inspect restaurant records which record sound levels emanating from the
Premises.

The Landlord must first approve the installation of any music system equipment installed in the
Premises.

Q_Place, Restaurant_Neighbourhood Noise Policy 1896293, (4}(4]

Page 84

Page 85

ae

‘ Only managers are permitted to adjust sound amplifying equipment.

GENERAL TRADING PROCEDURES

Prior to the commencement of evening trading (6prn) the duty manager of each restaurant will set
appropriate music/sound level.

At 6pm each evening a measurement of noise levels will be taken at the perimeter of Sound Park
adjoining the residential premises to ensure that the level is appropriate.

The duty manager will ensure that further readings are taken at the same location at 9pm and then
hourly thereafter until the last guest leaves the Premises. At that point the music equipment will be
turned off.

The duly manager will ensure that all readings are entered into the Daily Sound Level Recording
Sheet at the time each reading is taken.

The Daily Sound Level Recording Sheets will be maintained in a folder. The Daily Sound Level

Recording Sheets are under the control of the duty manager and can be made available on request
to the duty manager.

FUNCTION PROCEDURES

Prior to the commencement of each function, all staff are to be briefed on the following:

F the RSA obligations of the restaurant and each staff member;

, the contents of this policy;

‘ plastic blinds to be drawn at 8pm; and

, the need to disperse larger groups of guests congregating outside the Premises.
i The duty manager is to set appropriate music levels with entertainers at the function.
i Prior to commencement, the entertainers will be reminded that the finishing time is 1 dpm.

Duty managers will ensure the entertainment does not use amplifiers or sound equipment other than
the restaurant sound equipment.

At 8prn a measurement of noise levels will be taken at the perimeter of Sound Park adjoining the
residential premises to ensure that the level is appropriate.

The duty manager will ensure that further readings are taken at the same location hourly thereafter
until the function finishes.

The duty manager will ensure that all readings are entered into the Function Sound Level Recording
Sheet at the time each reading is taken

The Function Sound Level Recording Sheet will be maintained in a folder. The Function Sound

Level Recording Sheets are under the control of the duty manager and can be made available on
request to the duty manager.

Q_Place_Restaurant_Neighbourhood Noise, Policy, 1696293 (1)[ YW

Page 86

Page 87

 

Evevening Function Sound Level Recording Sheet.

 

 

Date of Function: Function Name:
Start time of entertainment: Number of guests:
Style of entertainment:- - Type of Function:

 

(ie DJ, Duo, Ipod)

Location for sound level measurement

Signature

 

Time Fence by Noosa Shores Notes

 

Back ground
level

 

6

 

8:30.

 

9:00

 

9:30

 

10:00

 

10:30,

 

11:00

 

11:30

 

 

Midnight

 

 

General Info

 

 

 

Stereo turned off at: Last Guests of premises at:

 

Notes on Sound Level Meter

Button marked “A/C" should be on "C"

Button marked "F/S" should be on "fF"

Button marked “Max/Hold" should be on “Max”

Please shield the meter fram sound created by paper and wind( stand with back to wind)

Excessive sound levels can be generated by wind and tree noise. If it is windy you should

not be able to hear any music or people noise.

 

Page 88

Page 89

 

fA 18¢y 3743

 
 

SCC CORRESPONDENCE

TWAT

B0672942 Queensland
Author: Charmaine Duke Government
Our File / Ref number: 2013/002404
Your File / Ref number: Property Mgt/Use/Enquiries
Directorate / Unit: State Land Asset Management
Phone: (07) 54512243

Department of
Natural Resources and Mines

29 May 2013

Attn: Kathy Howard
Sunshine Coast Regional Council

 

Locked Bag 72 : "
SUNSHINE COAST MAIL CENTRE QLD 4560 asi bs = kat
Dear Kathy — ee

SR

APPLICATION FOR OWNERS CONSENT — LOT 32 ON N21854, 90 NOOSA PARADE,
NOOSA HEADS.

Reference is made to the request for owners consent required to accompany the development
application for material change of use for outdoor dining.

The department hereby gives owner’s consent to the above development application.

Although owners consent for the development application has been provided, you are always
required to comply with the purpose, terms and conditions of tenure over Lot 32 on N21854 and
undertake works only if and when the development application has been approved by the
assessment manager, and in accordance with the conditions of that approval.

A copy of this letter is to be attached to your IDAS Form 1 as the required evidence of owners
consent.

You will also need to comply with all other legislative and regulatory requirements which may
also include approvals that are not part of the assessment of the development application under
the Sustainable Planning Act 2009 (SPA) e.g. a marine park permit if in a marine park.

Further, please note that the above consent will expire on 29 May 2014. Should the development
application not be lodged with the assessment manager prior to this date, you will be required
again to lodge the IDAS Form 1 and any attachments with this Department with a further request
for owners consent - any further request will need to be reconsidered by the Department.

 

Postal : Telephone» (07) 54512243
DNRM Fax: (07) 54512260
PO Box 753

NAMBOUR QLD 4560

Page 90

It is also advised that any land use activities must comply with the Aboriginal Cultural Heritage
Act 2003 or the Torres Sirait Islander Heritage Act 2003.

Finally, owner’s consent is required under SPA to enable the application to be considered
properly made for lodging with the assessment manager and is a completely separate process to
assessment of the application under SPA.

Accordingly, the Departmeént,may act at a later date as assessment manager, oncurrence/referral
agency, or advice agency in the assessment of the development application - providing owners
consent will not influence any statutory role the Department may have in this assessment.

If you wish to discuss this matter please contact Charmaine Duke on (07)54512243.

All future correspondence relative to this matter is to be referred to the contact Officer at the
address above or by email to [email protected]. Any hard copy
correspondence received will be electronically scanned and filed. For this reason, it is
recommended that any attached plans, sketches or maps be no larger than A3-sized.

Please quote reference number 2013/002404 in any future correspondence.

Yours sincerely

- \
2
=.

Renee Grant

Senior Land Officer

A duly authorised delegate of the Minister

under the current Land Act (Ministerial) Delegation

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