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2015-09-15 Planning & Organisation Committee Agenda
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AGENDA
Planning & Organisation
Committee Meeting
Tuesday, 15 September 2015
commencing at 1.30pm
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Joe Jurisevic (Chair), Noel Playford, Tony Wellington, Frank Wilkie
“Engagement with our community to protect and enhance our lifestyle”
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Full text of sections 2 to 100 (of 168)
Section 2
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS 4
Planning & Environment 4
1 DEVELOPMENT COMPLIANCE STATISTICS JANUARY TO JULY 2015 4
2 CHANGE TO AN EXISTING APPROVAL FOR INDUSTRIAL BUSINESSES,
SERVICE STATION, CONVENIENCE SHOP AND FOOD OUTLET &
OPERATIONAL WORKS (SIGNAGE) AT 139 EUMUNDI NOOSA RD & 30 LIONEL
DONOVAN DRIVE, NOOSAVILLE - MCU14/0102 & OPW15/0051 8
3 APPLICATION TO EXTEND THE RELEVANT PERIOD OF A DEVELOPMENT
PERMIT FOR VISITOR ACCOMMODATION TYPE 4 (21 GUEST LODGES) AT 30
BEACH ROAD, NOOSA NORTH SHORE - 132007.742.05 (07/0742) 15
4 APPLICATION TO EXTEND THE RELEVANT PERIOD FOR VISITOR
ACCOMMODATION TYPE 4 (20 GUEST LODGES) AT 30 BEACH ROAD, NOOSA
NORTH SHORE - 132008.1779.01 27
5 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
WELLBEING TYPE 2 SOCIAL (MENS SHED) AT SCHOOL ROAD, POMONA -
MCU5/0058 42
6 FURTHER REPORT FOR MATERIAL CHANGE OF USE APPLICATION FOR
RETAIL BUSINESS TYPE 2 - SHOP & SALON SITUATED AT 15 NOOSA DR,
NOOSA HEADS - MCU14/0053 49
7 PLANNING & ENVIRONMENT COURT APPEAL 3126/2015 FOR A REQUEST TO
CHANGE CONDITIONS OF A DEVELOPMENT APPROVAL FOR A MIXED USE
DEVELOPMENT AT 90 GOODCHAP STREET, NOOSAVILLE - 132007.12.6
(07/0012) 59
8 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR A
MIXED USE SHOPPING CENTRE EXPANSION AND OPERATIONAL WORKS AT
28 EENIE CREEK ROAD, NOOSAVILLE (MCU14/0106 & OPW15/0001) 63
9 P & E COURT APPEAL D121/15 FOR A DEVELOPMENT APPLICATION FOR
MATERIAL CHANGE OF USE FOR A MIXED USE DEVELOPMENT (SERVICE
STATION, SHOP, FAST FOOD RESTAURANT, CAR WASH, SELF STORAGE
FACILITY AND TOURIST PARK) AT 125 MYALL STREET COOROY - MCU14/0056
125
10 QUEENSLAND FISHERIES MANAGEMENT REVIEW 2014 128
CORPORATE SERVICES DEPARTMENT REPORTS 133
Finance 133
11 FINANCIAL PERFORMANCE REPORT AUGUST 2015 133
Procurement and Fleet 143
12 REGISTER OF PRE-QUALIFIED SUPPLIERS FOR TRADE SERVICES AND
GENERAL MAINTENANCE - 1415T001 143
Revenue Services 146
13 JULY 2015 RATE LEVY 146
Page 2 of 189
Section 3
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
ITEM PAGE
EXECUTIVE OFFICE REPORTS 151
14 COOROY RV STOPOVER PERMIT FEE - AMENDMENT TO GENERAL COST
RECOVERY AND COMMERCIAL FEES AND CHARGES 2015-16 151
15 MEMBERSHIP CHANGE TO AUDIT AND RISK COMMITTEE 153
16 COUNCIL MEETING SCHEDULE 2016 155
17 NOOSA CARBON REDUCTION & ENERGY EFFICIENCY PLAN 158
Customer Service 164
18 CUSTOMER SERVICE CHARTER 164
CLOSED SESSION 167
19 ENVIRONMENT LEVY -
POTENTIAL LAND PURCHASE 167
20 ENVIRONMENT LEVY -
REQUEST TO PURCHASE NOOSA NORTH SHORE LAND 184
Page 3 of 189
Section 4
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS
(Planning & Development Sections only)
Planning & Environment
1 DEVELOPMENT COMPLIANCE STATISTICS JANUARY TO JULY 2015
DOCUMENT INFORM AT ION
Author Manager, Planning & Environment, Kerri Coyle
Planning & Infrastructure Department
Index ECM/ Subject / Development Compliance
Attachments Nil
EXECUTIVE SUMMARY
Not applicable
RECOMMENDATION
That Council note the report by the Manager, Planning & Environment to the Planning &
Organisation Committee Meeting dated 15 September 2015 providing development compliance
statistics for January to July 2015.
REPORT
The purpose of the report is to provide Council with some statistics with regard to development
compliance with The Noosa Plan and development approval conditions undertaken by the DA
Planning Area. The statistics provided within this report cover the period from 1 January 2015 to
31 July 2015.
1. Background
Council’s DA Planning & Environment Branch has the responsibility for the enforcement of The
Noosa Plan requirements and Local Law provisions (in respect to advertising signage). This
includes:
The audit of development approvals for compliance with the Decision Notice and conditions.
The receipting and release of planning performance bonds.
The proactive audit of advertising devices under The Noosa Plan & Local Law.
The response to complaints regarding breaches of the planning scheme requirements and
development approvals.
Notably, Council’s Building & Plumbing Branch currently undertakes compliance on matters
relating to dwelling houses being constructed contrary to The Noosa Plan or development
approval.
Audit of Development Approvals
All development approvals are audited for compliance with the development approval and
conditions. This audit is predominantly triggered by a written request by the applicant advising
that the development is completed and the applicant would like the planning performance bond
returned. A minority are triggered by the tracking of the currency of development approvals
through Council’s Corporate System, Tech One Property, as a back stop.
Page 4 of 189
Section 5
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
Planning Performance Bond
A planning performance bond is imposed on all Material Change of Use and Reconfiguring a Lot
applications, which seek to have the developer carry out works, or conduct construction and
development in accordance with the approved plans. The planning performance bond provides
security in the form of a cash bond or trading bank guarantee in achieving compliance with
development approvals and is imposed in accordance with Planning Scheme Policy No. 7 –
Performance Bonds. The level of bonding is based on the nature of development conditions with
regard to the critical site attributes, the importance in planning, environmental and engineering in
terms of the Council requirements, the scale of the specific matters requiring security, the likely
degree of community concern should a breach occur and remedial action which may be required
should a breach occur.
The bond is to provide the developer with an incentive to develop in accordance with the conditions
of approval. Some common examples may include retention of trees or vegetation or construction
of the development in accordance with the approved plans. Very often, in the view of the
community, these circumstances are critical to satisfactory development being achieved. The
planning performance bond is not intended to cover actual costs of works.
The planning performance bond is not returned until the development is fully compliant, with the
bond only released in part where the approval specifically contemplates a staged development.
Breaches of The Noosa Plan
Breaches of the planning scheme and development approvals are inspected on receipt of a
written complaint received by Council, unless there is a significant safety or environmental impact
arising from the breach. There is currently a good rate of success in resolving breaches.
However, some matters do take time to resolve and in some instances may require input from
Council’s solicitor.
Advertising Devices
Advertising devices in the Shire are currently audited on the basis of identifying a newly erected
non-compliant sign by Council’s Development Compliance Officer, officers in the section, local
laws officers, Councillors and the general public. Since the reformation of Noosa Council in 2014,
an audit has been undertaken each year of signage regulated by Council’s local laws including
A-frames and real estate signage. However, no Shire wide audit has been undertaken of signage
regulated by the planning scheme.
While the current approach has addressed many non-compliant signs, over the last 6 years there
has been a noticeable increase in the non-compliant signage erected in the Shire, particularly in
the Noosaville industrial area. To address this matter, a survey of the advertising devices is likely
to be required in the future, similar to the survey and register exercise undertaken recently of all
Noosaville industrial area businesses. Subdued, low key and small scale signage that does not
dominate the surrounding built and natural landscape is a critical element in maintaining the
character of Noosa’s urban areas.
Page 5 of 189
Section 6
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
2. Development Compliance Statistics – 1 Jan 2015 to 31 July 2015
Number Average Applications
Completed Resolution Time Submitted
(Days)
Breach of Development Approval 12 26 3
Breach of Planning Scheme 32 34 6
Breach of Signage Provisions (The 113 4 0
Noosa Plan & Local Law)
House Complaints 23 46 6
Tree Complaints 65 2 0
Jetty Complaints 2 45 1
Audit of Development Approval 33
The table above identifies that during the first 6 months of 2015, there were 32 complaints received
relating to general breaches of the planning scheme. Notably of these breaches, 10 were related
to home-based businesses, with the complaints being lodged mainly due to concerns raised
regarding impacts on amenity.
Previous Council Consideration
Nil
Finance & Risk
The cost of undertaking development compliance includes one full time officer, plus input by the
branch Manager and from specialist officers as needed. At times it is necessary to involve
Council’s solicitor and/or take action through the Planning & Environment Court for some matters
which cannot otherwise be satisfactorily resolved and this can be a costly but a necessary step.
Notwithstanding the costs, development compliance is important in maintaining Noosa’s iconic
values and supports the maintenance of the planning scheme’s integrity. It also responds and
addresses community concerns such as impacts on amenity, environment, traffic safety etc and
provides a trigger for payment of infrastructure charges for developments.
Page 6 of 189
Section 7
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Nil
Departments/Sections Consulted:
Community Services x Planning & Infrastructure
Disaster Management & Public Order x Building & Plumbing Services
Waste & Environmental Health x DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 7 of 189
Section 8
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
2 CHANGE TO AN EXISTING APPROVAL FOR INDUSTRIAL BUSINESSES, SERVICE
STATION, CONVENIENCE SHOP AND FOOD OUTLET & OPERATIONAL WORKS
(SIGNAGE) AT 139 EUMUNDI NOOSA RD & 30 LIONEL DONOVAN DRIVE,
NOOSAVILLE - MCU14/0102 & OPW15/0051
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM / MCU14/0102.01 & OPW15/0051
Attachments Nil
APPLICATION DETAILS
Applicant Empirica Developments
C/- DFS Group
Proposal Change to an Existing Approval
Properly Made Date 11 August 2015
Decision Due Date 24 September 2015
PROPERTY DETAILS
Property Address 139 Eumundi Noosa Road &
30 Lionel Donovan Drive, Noosaville
RP Description Lot 4 SP 159610 and Lot 31 SP 170751
Land Area 4166m² and 3574m² = 7740m²
Existing Use of Land Lot 4 - Mechanical repairs, car sales yard and plumbing supply
business
Lot 31 - Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Industry
Overlays Natural Hazards Overlay – Low Potential Acid Sulfate Soils
Assessment Type Change to an Existing Approval
Page 8 of 189
Section 9
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
RECOMMENDATION
That Council approve the request to change a development approval for a Material Change of Use
and Operational Works (Signage), Application No MCU14/0102 and OPW15/0051, situated at 139
Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville, in accordance with the following:
A. Agree to Change Conditions 2, 6, 23, 24 of the Material Change of Use to read as follows:
2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
DA-01-01 K Site layout, prepared by Powe Architects 14/08/2015
DA-01-02 F Site – Roof & Signage Location Plan, prepared by 14/08/2015
Powe Architects
DA-02-01 E Floor Plans, prepared by Powe Architects 14/08/2015
DA-02-02 C Floor Plans, prepared by Powe Architects 14/08/2015
DA-03-01 D Elevations, prepared by Powe Architects 14/08/2015
DA-03-02 D Sections, prepared by Powe Architects 14/08/2015
SD-01 F Landscape Concept Plan and Section, prepared by 05/08/2015
DFS Group
SD-02 F Landscape Concept Plan and Elevation, prepared by 05/08/2015
DFS Group
SD-03 F Design Intent & Suggested Plant Palette, prepared 05/08/2015
by DFS Group
6. The approved Gross Floor Area of the Entertainment and Dining Business – Type 1 –
Café is 151m².
23. A minimum of 62 car parking spaces and 8 motorcycle spaces and 1 waiting bay in
front of the Entertainment and Dining business must be provided and marked on the
site. The works must be undertaken in accordance with an Operational Works approval
and must include in particular:
a. provision of vandal resistant public lighting with intensities to satisfy the
requirements of Australian Standard AS1158: Public Lighting Code
b. a minimum of 3 disabled parking spaces within the total
c. vehicle queuing for the drive through must be generally in accordance with the
approved plans.
24. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times. In this regard
a ‘Keep Clear’ zone must be line marked near the Lionel Donovan Drive access in
accordance with the approved plans.
B. Agree to Change Condition 8 of the Operational Works (Signage) to read as follows:
8. All sign illumination must be switched off between 11:00pm and sunset of the following
day except if a service station or an Entertainment and Dining business illuminated
sign which may remain on during trading hours.
Page 9 of 189
Section 10
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
REPORT
PROPOSAL
The application seeks approval for a Permissible Change to the existing development approval to
incorporate a drive through for the Entertainment and Dining Business. In this regard the following
changes are proposed:
the drive through to be located to the rear of the service station/convenience
shop/entertainment and dining business building
shifting the service station/food beverage building, vehicle entry/exit points to Eumundi
Noosa Road and bowsers and canopy slightly to the north.
reduction of car parking from a total of 69 spaces to 66 spaces
a change to the size of the Industrial tenancies (a total reduction of 50m²)
The building elevations largely remain the same as previously approved.
The proposed layout is shown in Figure 1 below:
Figure 1 – Location of the drive through
Page 10 of 189
Section 11
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
BACKGROUND
A Development Permit for Material Change of Use for various industrial businesses, a service
station/convenience shop and a food outlet and Operational Works for signage was issued on 4
June 2015 and took effect on 10 August 2015.
At the time, the original application was publicly notified 14 properly made submissions were
received (1 objection and 13 in support). The objection was primarily concerned with car parking,
traffic generation, fuel storage and the financial viability of existing food outlets.
ASSESSMENT
Statutory Process
The proposed change to the development approval requested by the applicant is considered to
constitute a permissible change because:
The change would not result in a substantially different development as there is no change
to the approved uses onsite and only minor changes to the built form;
The change would not trigger a new referral to the State Assessment and Referral Agency;
The original application was impact assessable and the proposed changes would not likely
cause a person to make a properly made submission as the changes are minor layout
changes and the community is well aware of the development, being recently advertised in
April/May 2015.
The changes do not involve prohibited development.
On this basis, the applicant is considered to be following the lawful process in making the request.
State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions
Statutory Provisions – Planning Scheme
The current approval includes a number of consistent industrial business uses and a 24hr
Entertainment and Dining Business (food outlet). The food outlet is an inconsistent use within the
Industry zone but was approved as the applicant demonstrated an economic need for the use.
Council also generally considered a 24hr food outlet less likely to impact on the existing ‘tradies
cafes’ in the Noosaville Industry Estate.
The change does not include any new uses but seeks a layout change to incorporate a vehicle
drive through for the approved 24hr food outlet use. The Noosa Plan does not differentiate a 24hr
food outlet use with a drive through as a separate use. As such the assessment is to ensure the
drive through does not cause traffic conflict within or external to the site.
The vehicle entry and exit points to Eumundi Noosa Road, the bowser canopy and the food
outlet/service station building have been moved slightly to the north to allow for the drive through
lane along the southern boundary, as shown in Figure 1 above. The drive through will generate
some additional traffic movements within the site. The applicant has provided queuing space for
approximately 7 vehicles prior to the ordering point, 3 prior to the pickup point and 1 dedicated
waiting bay in front of the food outlet building; being a total queuing for around 11 vehicles.
Page 11 of 189
Section 12
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
Additional turning paths have also been provided that demonstrate there will be no manoeuvring
conflicts within the site, to the Eumundi Noosa Road or to Lionel Donovan Drive.
The total number of car parking spaces onsite has been reduced from 69 to 66 spaces (including
8 motorcycle spaces, 1 additional car space and 1 waiting bay). This is due to the reduction in the
use area of the food outlet and a rearranging and minor reduction of the industrial tenancy sizes.
The Planning Scheme requires the proposal provide a total of 64 car spaces. The proposal
exceeds this requirement and in addition, has provided queuing for approximately 11 vehicles at
the drive through.
The proposed changes meet the Planning Scheme requirements and are recommended for
approval.
The following conditions are requested by applicant to be changed to reflect the amended layout.
Changes to Conditions – Material Change of Use
Details and assessment of the requested changes to the existing conditions are provided below.
Condition 2 – Approved Plans
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
DA-01-01 C Site layout, prepared by Powe Architects 20/03/2015
DA-01-02 E Site – Roof & Signage Location Plan, prepared by Powe 1/04/2015
Architects
DA-02-01 B Floor Plans, prepared by Powe Architects 18/03/2015
DA-02-02 B Floor Plans, prepared by Powe Architects 18/03/2015
DA-03-01 C Elevations, prepared by Powe Architects 20/03/2015
DA-03-02 C Sections, prepared by Powe Architects 20/03/2015
SD-01 E Landscape Concept Plan and Section, prepared by DFS 27/03/2015
Group
SD-02 E Landscape Concept Plan and Elevation, prepared by 27/03/2015
DFS Group
SD-03 E Design Intent & Suggested Plant Palette, prepared by 27/03/2015
DFS Group
Applicant’s Request
The applicant requests to amend the table in Condition 2 to reflect the new layout for the drive
through food outlet use.
Assessment
Agree. The change reflects the amendments to the site layout.
Page 12 of 189
Section 13
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
Condition 6 - Gross Floor area and Use Area
6. The approved Gross Floor Area of the Entertainment and Dining Business – Type 1 – Café
is 137m² and 43m² of outdoor dining.
Applicant’s Request
As a result of the drive through, the café’s Gross Floor Area has been increased from 137m² to
151m² and the outdoor dining area (use area) has been removed.
Assessment
Agree. The approval is for a total of 180m² (137m² GFA plus 43m² outdoor dining) for the use of
the Entertainment and Dining Business. The requested 151m² is in essence reducing the total area
for the use of the Entertainment and Dining Business. This also reduces the car parking
requirement for the use.
It is recommended Condition 6 is amended to read as follows:
6. The approved Gross Floor Area of the Entertainment and Dining Business – Type 1 – Café
is 151m² 137m² and 43m² of outdoor dining.
Condition 23 – Car parking
23. A minimum of 67 car parking spaces and 8 motorcycle spaces must be provided and marked
on the site. The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. provision of vandal resistant public lighting with intensities to satisfy the requirements
of Australian Standard AS1158: Public Lighting Code
b. a minimum of 3 disabled parking spaces within the total.
Applicants Request
It is requested the condition be amended to reflect the number of car parking spaces required by
the amended proposal.
Assessment
Agree in part. It is agreed to amend the condition to reflect the reduced car parking requirements.
However, to ensure that manoeuvring conflicts do not occur and the proposal is constructed with
sufficient queuing and a waiting bay, it is recommended that Condition 23 be amended to read as
follows:
23. A minimum of 67 62 car parking spaces and 8 motorcycle spaces and 1 waiting bay in front
of the Entertainment and Dining business must be provided and marked on the site. The
works must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. provision of vandal resistant public lighting with intensities to satisfy the requirements
of Australian Standard AS1158: Public Lighting Code
b. a minimum of 3 disabled parking spaces within the total
c. vehicle queuing for the drive through must be generally in accordance with the
approved plans.
Page 13 of 189
Section 14
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
Condition 24 – Line marking
24. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
The applicant has not requested an amendment to Condition 24. However, the applicant has been
contacted and agrees a change is acceptable.
It is recommended that Condition 24 be amended to include reference to specific line marking
required near the Lionel Donovan drive access to ensure traffic flow entering and exiting the site.
It is recommended Condition 24 is amended to read as follows:
24. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times. In this regard a
‘Keep Clear’ zone must be line marked near the Lionel Donovan Drive access in accordance
with the approved plans.
Changes to Conditions – Operational Works (Signage)
Condition 8 – Illumination
8. All sign illumination must be switched off between 11:00pm and sunset of the following day
except if a service station illuminated sign which may remain on during trading hours.
Applicant’s Request
It is requested the condition is amended to allow signage associated with the food and beverage
tenancy to be illuminated 24 hours. It is common practice for signage associated with such a use
to be illuminated at night.
Assessment
Agree. It is reasonable to allow a 24hr food outlet to have illuminated signage during trading hours.
It is recommended Condition 8 is amended to read as follows:
8. All sign illumination must be switched off between 11:00pm and sunset of the following day
except if a service station or an Entertainment and Dining business illuminated sign which
may remain on during trading hours.
Internal Consultation
The application was forwarded to Council’s Engineering Officer.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 14 of 189
Section 15
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
3 APPLICATION TO EXTEND THE RELEVANT PERIOD OF A DEVELOPMENT PERMIT
FOR VISITOR ACCOMMODATION TYPE 4 (21 GUEST LODGES) AT 30 BEACH ROAD,
NOOSA NORTH SHORE - 132007.742.05 (07/0742)
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM / 132007.742.05 (07/0742)
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Wolter Consulting Group Pty Ltd
Proposal Extension to Relevant Period for a Development Permit for
Material Change of Use of Premises - Visitor Accommodation
Type 4 (Western Development Zone Stage 3A sub stage (i))
Properly Made Date 19 May 2015
Decision Due Date 24 September 2015
Number of Submissions to 4 properly made submissions
the original application
PROPERTY DETAILS
Property Address 30 Beach Road Noosa North Shore Qld 4565
RP Description Lot 2 SP 186169
Land Area 8.289 ha
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Locality Noosa North Shore
Zone Visitor Mixed Use
Overlays Biodiversity Overlay – Environmental Protection
Natural Hazards Overlay -Low Potential Acid Sulfate Soils
Natural Hazards Overlay – Medium Bushfire Hazard
Assessment Type Change to Approval
Page 15 of 189
Section 16
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
RECOMMENDATION
That Council approve the request to extend the relevant period for a Material Change of Use
Development Permit for Material Change of Use of Premises - Visitor Accommodation Type 4
(Western Development Zone Stage 3A sub stage (i)), Application No 132007.742.05, situated at
30 Beach Road, Noosa North Shore for a period of 4 years to expire on 13 December 2019 and
amend condition 24 to read as follows:
24. The Development Permit for a Material Change of Use of premises lapses if the use has not
happened by 13 December 2019, unless an application to extend the currency is approved
by Council.
REPORT
1. BACKGROUND
This application 132007.742.01 is before Council to extend the relevant period. It is Stage 3 of a
higher order Preliminary Approval that overrides the Planning Scheme. To provide context to the
following report, background to this Preliminary Approval is provided below.
Background – Preliminary Approval (132003.221037)
In October 2004, Council approved a Preliminary Approval for a Material Change of Use for
Development in accordance with the ‘Noosa North Shore Eco-Tourism Portal Development Code’
(Portal Code). The Portal Code allows for a staged development which supports visitor
accommodation for up to 400 persons and associated services on the site.
At the time the Preliminary Approval application was publicly notified, 4 properly made submissions
were received. 1 submission was in support, with the other 3 opposing the development.
Submitters opposing the development were concerned with the loss of habitat and biodiversity,
water quality and that Noosa North Shore did not need this style of development. The submitter
supporting the development (Noosa Community Environment Board) advised the Board was not
fundamentally opposed to the proposal, but provided a number of suggestions to ensure the best
possible environmental outcomes were achieved for the site.
The site, subject to the Portal Code is highlighted in purple in Figure 1 below.
Figure 1 – Land subject to the Prelimainry Approval and the Portal Code
Page 16 of 189
Section 17
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
The Portal Code overrides the provisions of the superseded Planning Scheme, the Scheme prior
to The Noosa Plan. This means that further assessments for each stage of development are not
carried out against the planning scheme in effect at the time, as the Portal Code includes all the
preliminary approval conditions and all the requirements for the development’s construction.
The Portal Code includes design requirements and a Structure Plan identifying the developable
areas as Visitor Precincts and areas of environmental value as Conservation Precincts. The
Structure Plan also identifies Buffer Precincts to address the treatment of road frontages and fire
management requirements. The site has been subdivided in accordance with the Portal Code
creating an eastern development visitor precinct, a western development visitor precinct and
approximately half the site dedicated as conservation land in the form of 2 separate lots. These
precincts and lots are identified in Figure 2 below.
Figure 2 – The site layout
The Portal Code also establishes that further code assessable applications are required to be
lodged for approval prior to proceeding with an application for Operational Works and Building
Works. These code assessable applications for each stage/sub stage, permit assessment of the
final site layout and building design against the provisions of the Portal Code. Table 1 below
identifies the status of the various Stages of the development.
Page 17 of 189
Section 18
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
Table 1 - Status of development
Stage Status of Stage
Stage 1A 24 Eco-Cabins and leisure centre - completed.
Stage 1B Conservation precinct east created (lot 901SP 186169)
Stage 1C Conservation precinct west created (lot 900 SP 186169)
Stage 2A Eco-Centre constructed, with required car parking, landscaping & road works
subject to an infrastructure agreement. (located opposite the site at 200
Maximillian Road)
Stage 2B 24 Eco-Cabins constructed and completed
Stage 3A (i) Development Approval for 21 Beach Road Retreats, (due to lapse and subject
of this application).
(ii) Preliminary Approval for 20 Beach Road Retreats (due to lapse)
Stage 3B Development Permit for 24 Eco Cabins, not constructed and lapsed October
2014
Stage 4 Application withdrawn for 18 Eco Cabins
The Preliminary Approval lapsed in October 2014.
In October 2008 the developer, Petrac Company, went into liquidation and the National
Australia Bank appointed receivers to this Noosa North Shore Project. Since that time, the Eco
Centre site at 200 Maximillian Drive, the undeveloped portion of the Eastern Development
Visitor Precinct and the whole of the Western Development Visitor Precinct has been sold to
individual entities.
It is important to note all Beach Road works, infrastructure provisioning and conservation land
dedication required by the Preliminary Approval and Portal Code to support the whole
development have been provided, except for a footpath along the sites frontage, which Council
has called upon bond monies for the works, and a footpath to the beach, which is subject to an
Infrastructure Agreement.
Notably the Eco-Centre referred to in Stage 2A is located on the site opposite the Noosa North
Shore Eco-Tourism Portal development site. This was the subject of a further application to
Council, wherein it was agreed the Eco-Centre could be built on this site.
As noted in Table 1 above, applications for all stages of the Portal Code have been submitted and
approved by Council, lapsed or withdrawn. Approximately half the eastern development visitor
precinct has been completed with the construction of 48 Eco–Cabins, leisure centre and manager’s
residence. The Eco Cabins can be seen in Figure 2 above. The balance of the eastern
development visitor precinct is a separate lot and remains undeveloped with the development
approvals having lapsed or have been withdrawn.
The western development visitor precinct also remains undeveloped with 41 guest lodges
approved by 2 approvals (132007.742.01 & 132008.1779.05), which are due to lapse. Both the
lapsing approvals are before Council in separate reports, to extend their relevant period. Figure 3
below identifies the western development visitor precinct (Stage 3), the sub stages and the relevant
development approvals.
Page 18 of 189
Section 19
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
Figure 3 – Sub stage plan of Stage 3
Background Development approval 132007.742 (subject approval)
On 13 December 2007 Council approved a Material Change of Use for Visitor
Accommodation Type 4 (21 guest lodges)
On 15 September 2010 Council approved (132007.742.03) a change of wording to remove
reference to a maximum stay of ‘12 weeks’ and replace with ‘no permanent accommodation’
On 19 January 2012 Council agreed to extend the relevant period (132007.742.04) to 13
December 2015.
Page 19 of 189
Section 20
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
2. PROPOSAL
The applicant seeks a 4 year extension of the relevant period of 132007.742 for Stage 3A sub
Stage (i) (21 guest lodges). The applicant has provided the following reasons for the request:
A previous extension was initiated by the appointed receivers in order to provide sufficient
time for the site to be reconciled and properly put to market for sale. For various reasons,
this marketing and sale process took longer than expected and our client only acquired the
site in early 2013.
Our client has a committed interest in completing the project, and an extension to the relevant
period is necessary to provide sufficient time to obtain the subsequent approvals necessary
to deliver the project.
Though economic conditions have improved in recent years, visitor accommodation projects
maintain a reasonably high risk profile, and require ideal market conditions. The requested
extension will allow for this development to be completed within an acceptable economic and
market cycle.
Finally, the proposal remains consistent with the current planning scheme which supports
visitor accommodation on land in the Visitor Mixed Use Zone.
3. ASSESSMENT
3.1. Statutory Process
In accordance with Section 388 of the Sustainable Planning Act 2009 in deciding a request to
extend the relevant period, the assessment manager must only have regard to:
(a) the consistency of the approval, including its conditions, with current laws and policies
applying to the development, including, for example, the amount and type of infrastructure
contributions, or infrastructure charges payable under an infrastructure charges schedule;
(b) the community’s current awareness of the development approval; and
(c) whether, if the request were refused-
(i) further rights to make a submission may be available for a further development
application; and
(ii) the likely extent to which those rights may be exercised; and
(d) the views of any concurrence agency for the approval …
An assessment against these provisions is provided in the sections that follow.
3.2. State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Rural Landscape & Regional Production area of the SEQ Regional
Plan and the proposed visitor accommodation, defined as a Tourist Activity, is consistent with the
regional policies and regulatory provisions of the SEQ Regional Plan.
3.3. Statutory Provisions – Planning Scheme
This request to extend the relevant period was referred to Council’s solicitor for advice, as the
higher order Preliminary Approval (132003.221037), which approved the Noosa North Shore Eco-
Tourism Portal Development Code, lapsed in October 2014.The Noosa North Shore Eco-Tourism
Portal Development Code is the planning instrument the subject approval was assessed against.
Page 20 of 189
Section 21
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
Council’s solicitor advised the lapsing of the Preliminary Approval (132003.221037) does not affect
the status of the subject approval (132007.742.05) notwithstanding conditions within the subject
approval reference the Noosa North Shore Eco-Tourism Portal Development Code. The Noosa
North Shore Eco-Tourism Portal Development Code is adopted by and continues to be part of the
subject approval (132007.742.05). Lawfully, the relevant period can be extended subject to it
meeting the provisions of Section 388 of the Sustainable Planning Act 2009.
An assessment against Section 388 of the Sustainable Planning Act 2009 is provided below.
Consistency with The Noosa Plan
The site is included in the Noosa North Shore Locality and is zoned Visitor Mixed Use. Visitor
Accommodation Type 4 (Conventional) is an inconsistent use and required to follow an impact
assessable application process. The Visitor Mixed Use zone seeks to provide for visitor
accommodation and business uses to serve visitors to the locality. Visitor accommodation is
intended to be located in premises which are low impact, low intensity and of domestic scale.
Although the guest lodges are approved as Visitor Accommodation Type 4, their design and
proposed use is more akin to Visitor Accommodation Type 3, being small guest lodges having a
gross floor area of between 54m² and 69m² and are not self-contained. Notably, Visitor
Accommodation Type 3 (Rural) is a consistent use within the Visitor Mixed Use zone.
The Noosa North Shore Locality Code provides specific provisions for visitor accommodation in
the Visitor Mixed Use zone which are as follows:
Probable Solution S23.2
S23.3 Soft landscaping is designed and maintained along road frontages and property boundaries
to provide a dense visual buffer to the development;
A 20m vegetation buffer is proposed to all road frontages which will provide a visual buffer to the
development. Furthermore, the guest lodges are nestled between vegetation throughout the site,
with limited trees required to be removed for their construction. An Arborist Report and numerous
Management Plans (Bushfire, fauna, flora, stormwater, water quality etc.) have been submitted
and approved by Council to achieve best possible environmental outcomes. As a whole the
development has under gone a stringent environmental impact assessment.
Probable solutions S25.1 to S25.3 & S25.5
S25.1 Buildings are clustered to maintain corridors of vegetation and more extensive areas of open
space;
AND
S25.2 Accommodation buildings have no more than four attached accommodation units;
AND
S25.3 Accommodation buildings are lowset and do not exceed the height of the surrounding
vegetation (generally building height in storeys and in metres does not exceed 1 storey or 5 metres
respectively); and
S25.5 Off-street carparking facilities are clustered in small groups which are integrated into the
natural terrain and landscaping.
Both visitor development precincts are areas of the original site that were identified as being
historically disturbed and of least environmental value. The lots dedicated as conservation land
provide linkages to vegetation corridors with one conservation lot adjoining Noosa National Park.
A tree survey has been undertaken so that buildings are sited to minimise disturbance of the
landscape. The guest lodges are individually sited and the common facility is sited in a cleared and
disturbed area of the site.
Page 21 of 189
Section 22
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
The small guest lodges are single storey and generally do not exceed 5m in height. External
finishes of the guest lodges are designed to integrate into the surrounding landscape.
Internal driveways weave through the vegetation to car parking adjacent to each guest lodge. A
car park has been constructed near Beach Road to service the hotel/eco-centre located on the site
opposite at 200 Maximillian Road.
It is considered the proposed guest lodges are designed to integrate with the attributes of the site
and are considered generally consistent with the intent of the planning provisions for the Visitor
Mixed Use zoning for the site under The Noosa Plan.
Infrastructure Charges
The existing approval includes no requirements to contribute to the following trunk infrastructure
networks:
Transport (paths/roads/public transport)
Public Parks
Stormwater
Accordingly, an Infrastructure Charges Notice may be issued to address the missing trunk
infrastructure networks.
3.4. Community’s Current Awareness of the Development, Rights to Submit and
Likelihood of Further Submissions
Under the current planning scheme the proposed use is impact assessable and required to be
publicly notified.
The application 132007.742 was code assessable and therefore not publically notified because it
was a downstream application subject to the Preliminary Approval (132003.221037). The
Preliminary Approval (132003.221037) was publically notified and involved consultation with
community and interest groups.
The Eco Cabins located in the Eastern Development Precinct were completed and titled in 2007
and were advertised ‘for sale’ by the receiver from 2008 along with the balance lot of the Eastern
Development Precinct and the Western Development Precinct. This maintained a degree of the
community awareness of the whole Eco-Tourism Portal development. Furthermore, the Noosa
North Shore locale is a reasonably lowly populated locality with limited population change.
If this request to extend the relevant period of the development approval was refused, the
proponent would be required to lodge a new development application which would be subject to
impact assessment and consequently third party appeal rights. However, given the proposal is
considered generally consistent with the current planning provisions and it is unlikely any
submission would be made.
4. CONSULTATION
4.1. IDAS Referral Agencies
The proposal was originally referred to the Department of Natural Resources and Water as a
concurrence agency due to proposed vegetation clearing and Environmental Protection Agency
as an advice agency due to effluent disposal.
The Department of Natural Resources and Water indicated that they have no requirements with
regard to the proposal. The Environmental Protection Agency indicated that their requirements
were satisfied where the applicant fulfils their requirements under the Noosa North Shore Eco-
Tourism Portal Code.
Page 22 of 189
Section 23
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
In regard to this request to extend the relevant period the application was referred to the State
Assessment & Referral Agency (SARA) to obtain the views of the following referral agencies:
Department of State Development, Infrastructure and Planning
A response was received on 17 July 2015 stating the department had no objection to the request
to extend the relevant period for 4 years.
5. CONCLUSION
The approved Visitor accommodation Type 4 is an inconsistent use in the zone. However, it is
considered the guest lodges are generally more aligned with the Visitor Accommodation Type 3
use under The Noosa Plan, which is a consistent use in the zone. Notwithstanding the definitions,
the proposed guest lodges are considered generally consistent with the planning intent for the
Visitor Mixed Use zoning of the site. All aspects of the Noosa North Shore Eco-Tourism Portal
Development service provisioning have been completed to support the guest lodges (except
footpaths). The approved development does not raise any significant planning concerns and is
recommended that Council agree to extend the relevant period for 4 years.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 23 of 189
Section 24
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
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fi 7 ELSection 27
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
4 APPLICATION TO EXTEND THE RELEVANT PERIOD FOR VISITOR ACCOMMODATION
TYPE 4 (20 GUEST LODGES) AT 30 BEACH ROAD, NOOSA NORTH SHORE -
132008.1779.01
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM / Application / 132008.1779.01
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Wolter Consulting Group Pty Ltd
Preliminary Approval for a Material Change of Use – Visitor
Proposal
Accommodation Type 4, Stage 3A sub stage (ii) (20 Guest
Lodges)
Properly Made Date 19/05/2015
Decision Due Date 24/09/2015
PROPERTY DETAILS
Property Address 30 Beach Road, Noosa North Shore Qld 4565
RP Description Lot 2 SP 186169
Land Area 8.29 Hectares
Existing Use of Land Vacant and car park
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production
Locality Noosa North Shore
Zone Visitor Mixed Use
Overlays Biodiversity Overlay – Environmental Protection
Natural Hazards Overlay -Low Potential Acid Sulfate Soils
Assessment Type Extension to the Relevant Period
Page 27 of 189
Section 28
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
RECOMMENDATION
That Council approve the request to extend the relevant period for a Preliminary Approval for a
Material Change of Use for Visitor Accommodation Type 4 (Western Development Zone Stage 3A
sub stage [ii]), Application No 132008.1779.01, situated at 30 Beach Road, Noosa North Shore for
a period of 2 years to expire on 6 June 2017and amend condition 4 to read as follows:
4. The Preliminary Approval for a Material Change of Use of premises lapses on the 6 June
2017 if the total development is not complete by that date, unless otherwise extended by
Council.
REPORT
1. BACKGROUND
This application 132008.1779.01 is before Council to extend the relevant period. It is part of Stage
3 of a higher order Preliminary Approval that overrides the Planning Scheme. To provide context
to the following report, background to this Preliminary Approval is provided below.
Background – Preliminary Approval (132003.221037)
In October 2004, Council approved a Preliminary Approval for a Material Change of Use for
Development in accordance with the ‘Noosa North Shore Eco-Tourism Portal Development Code’
(Portal Code). The Portal Code allows for a staged development which supports visitor
accommodation for up to 400 persons and associated services on the site.
At the time the Preliminary Approval application was publicly notified, 4 properly made submissions
were received. 1 submission was in support, with the other 3 opposing the development.
Submitters opposing the development were concerned with the loss of habitat and biodiversity,
water quality and Noosa North Shore did not need this style of development. The submitter
supporting the development (Noosa Community Environment Board) advised the Board was not
fundamentally opposed to the proposal, but provided a number of suggestions to ensure the best
possible environmental outcomes were achieved for the site.
The site, subject to the Portal Code is highlighted in purple in Figure 1 below.
Figure 1 – Land subject to the Preliminary Approval and the Portal Code
Page 28 of 189
Section 29
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
The Portal Code overrides the provisions of the superseded Planning Scheme, the Scheme prior
to The Noosa Plan. This means that further assessments for each stage of development are not
carried out against the planning scheme in effect at the time, as the Portal Code includes all the
preliminary approval conditions and all the requirements for the development’s construction.
The Portal Code includes design requirements and a Structure Plan identifying the developable
areas as Visitor Precincts and areas of environmental value as Conservation Precincts. The
Structure Plan also identifies Buffer Precincts to address the treatment of road frontages and fire
management requirements. The site has been subdivided in accordance with the Portal Code
creating an eastern development visitor precinct, a western development visitor precinct and
approximately half the site dedicated as conservation land in the form of 2 separate lots. These
precincts and lots are identified in Figure 2 below.
Figure 2 – The site layout
The Portal Code also establishes that further code assessable applications are required to be
lodged for approval prior to proceeding with an application for Operational Works and Building
Works. These code assessable applications for each stage/sub stage, permit assessment of the
final site layout and building design against the provisions of the Portal Code. Table 1 below
identifies the status of the various Stages of the development.
Page 29 of 189
Section 30
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
Table 1 - Status of development
Stage Status of Stage
Stage 1A 24 Eco-Cabins and leisure centre - completed.
Stage 1B Conservation precinct east created (lot 901 SP 186169)
Stage 1C Conservation precinct west created (lot 900 SP 186169)
Stage 2A Eco-Centre constructed, with required car parking, landscaping & road works
subject to an infrastructure agreement. (located opposite the site at 200
Maximillian Road)
Stage 2B 24 Eco-Cabins constructed and completed
Stage 3A (i) Development Approval for 21 Beach Road Retreats, (due to lapse and subject
of this application).
(ii) Preliminary Approval for 20 Beach Road Retreats (due to lapse)
Stage 3B Development Permit for 24 Eco Cabins, not constructed and lapsed October
2014
Stage 4 Application withdrawn for 18 Eco Cabins
The Preliminary Approval lapsed in October 2014.
In October 2008 the developer, Petrac Company, went into liquidation and the National
Australia Bank appointed receivers to this Noosa North Shore Project. Since that time, the Eco
Centre site at 200 Maximillian Drive, the undeveloped portion of the Eastern Development
Visitor Precinct and the whole of the Western Development Visitor Precinct has been sold to
individual entities.
It is important to note all Beach Road works, infrastructure provisioning and conservation land
dedication required by the Preliminary Approval and Portal Code to support the whole
development have been provided, except for a footpath along the sites frontage, which Council
has called upon bond monies for the works, and a footpath to the beach, which is subject to an
Infrastructure Agreement.
Notably the Eco-Centre referred to in Stage 2A is located on the site opposite the Noosa North
Shore Eco-Tourism Portal development site. This was the subject of a further application to
Council, wherein it was agreed the Eco-Centre could be built on this site.
As noted in Table 1 above, applications for all stages of the Portal Code have been submitted and
either approved, lapsed or withdrawn. Approximately half the eastern development visitor precinct
has been completed with the construction of 48 Eco Cabins, leisure centre and manager’s
residence. The Eco Cabins can be seen in Figure 2 above. The balance of the eastern
development visitor precinct is a separate lot and remains undeveloped with the development
approvals having lapsed or have been withdrawn.
The western development visitor precinct also remains undeveloped with 41 guest lodges
approved by 2 approvals (132007.742.01 & 132008.1779.05), which are due to lapse. Both the
lapsing approvals are before Council in separate reports, to extend their relevant period. Figure 3
below identifies the western development visitor precinct (Stage 3), the sub stages and the relevant
development approvals.
Page 30 of 189
Section 31
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
Figure 3 – Sub stage plan of Stage 3
Background Development approval 132008.1779.01 (subject approval)
On 17 June 2011 Council issued a Preliminary Approval for a Material Change of Use for Visitor
Accommodation Type 4 (20 guest lodges).
A Preliminary Approval for this application was issued as the applicant (the receivers) did not
submit a site specific stormwater management plan. This Preliminary Approval can be upgrade to
a development permit by a further code assessable application in accordance with the Sustainable
Planning Act 2009.
Page 31 of 189
Section 32
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
2. PROPOSAL
The applicant seeks a 2 year extension of the relevant period of 132008.1779.01 for Stage 3A sub
Stage (ii) (20 guest lodges). The applicant has provided the following reasons for the request:
The appointed receivers were tasked with advancing this development application, and
ultimately obtained a preliminary approval in June 2011, such that the site could be properly
put to market for sale with this approval in place. For various reasons, this marketing and
sale process took longer than expected and our client only acquired the site in early 2013.
Our client has a committed interest in completing the project, and an extension to the relevant
period is necessary to provide sufficient time to obtain a development permit consistent with
this preliminary approval, and necessary to deliver the project.
Though economic conditions have improved in recent years, visitor accommodation projects
maintain a reasonably high risk profile, and require ideal market conditions. The requested
extension will allow for this development to be completed within an acceptable economic and
market cycle.
Finally, the proposal remains consistent with the current planning scheme which supports
visitor accommodation on land in the Visitor Mixed Use Zone.
3. ASSESSMENT
3.1. Statutory Process
In accordance with Section 388 of the Sustainable Planning Act 2009 in deciding a request to
extend the relevant period, the assessment manager must only have regard to:
(a) the consistency of the approval, including its conditions, with current laws and policies
applying to the development, including, for example, the amount and type of infrastructure
contributions, or infrastructure charges payable under an infrastructure charges schedule;
(b) the community’s current awareness of the development approval; and
(c) whether, if the request were refused-
(i) further rights to make a submission may be available for a further development
application; and
(ii) the likely extent to which those rights may be exercised; and
(d) the views of any concurrence agency for the approval …
An assessment against these provisions is provided in the sections that follow.
3.2. State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Rural Landscape & Regional Production area of the SEQ Regional
Plan and the proposed visitor accommodation, defined as a Tourist Activity, is consistent with the
regional policies and regulatory provisions of the SEQ Regional Plan.
3.3. Statutory Provisions – Planning Scheme
This request to extend the relevant period was referred to Council’s solicitor for advice, as the
higher order Preliminary Approval (132003.221037), which approved the Noosa North Shore Eco-
Tourism Portal Development Code, lapsed in October 2014.The Noosa North Shore Eco-Tourism
Portal Development Code is the planning instrument the subject approval was assessed against.
Page 32 of 189
Section 33
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
Council’s solicitor advised the lapsing of the Preliminary Approval (132003.221037) does not affect
the status of the subject approval (132008.1779.01) notwithstanding conditions within the subject
approval reference the Noosa North Shore Eco-Tourism Portal Development Code. The Noosa
North Shore Eco-Tourism Portal Development Code is adopted by and continues to be part of the
subject approval (132008.1779.01). Lawfully, the relevant period can be extended subject to it
meeting the provisions of Section 388 of the Sustainable Planning Act 2009.
An assessment against Section 388 of the Sustainable Planning Act 2009 is provided below.
Consistency with The Noosa Plan
The site is included in the Noosa North Shore Locality and is zoned Visitor Mixed Use. Visitor
Accommodation Type 4 (Conventional) is an inconsistent use and required to follow an impact
assessable application process. The Visitor Mixed Use zone seeks to provide for visitor
accommodation and business uses to serve visitors to the locality. Visitor accommodation is
intended to be located in premises which are low impact, low intensity and of domestic scale.
Although the guest lodges are approved as Visitor Accommodation Type 4, their design and
proposed use is more akin to Visitor Accommodation Type 3, being small guest lodges having a
gross floor area of between 54m² and 69m² and are not self-contained. Notably, Visitor
Accommodation Type 3 (Rural) is a consistent use within the Visitor Mixed Use zone.
The Noosa North Shore Locality Code provides specific provisions for visitor accommodation in
the Visitor Mixed Use zone which are as follows:
Probable Solution S23.2
S23.3 Soft landscaping is designed and maintained along road frontages and property boundaries
to provide a dense visual buffer to the development;
A 20m vegetation buffer is proposed to all road frontages which will provide a visual buffer to the
development. Furthermore, the guest lodges are nestled between vegetation throughout the site,
with limited trees required to be removed for their construction. An Arborist Report and numerous
Management Plans (Bushfire, fauna, flora, stormwater, water quality etc.) have been submitted
and approved by Council to achieve best possible environmental outcomes. As a whole the
development has under gone a stringent environmental impact assessment.
Probable solutions S25.1 to S25.3 & S25.5
S25.1 Buildings are clustered to maintain corridors of vegetation and more extensive areas of open
space;
AND
S25.2 Accommodation buildings have no more than four attached accommodation units;
AND
S25.3 Accommodation buildings are lowset and do not exceed the height of the surrounding
vegetation (generally building height in storeys and in metres does not exceed 1 storey or 5 metres
respectively); and
S25.5 Off-street carparking facilities are clustered in small groups which are integrated into the
natural terrain and landscaping.
Both visitor development precincts are areas of the original site that were identified as being
historically disturbed and of least environmental value. The lots dedicated as conservation land
provide linkages to vegetation corridors with one conservation lot adjoining Noosa National Park.
A tree survey has been undertaken so that buildings are sited to minimise disturbance of the
landscape. The guest lodges are individually sited in cleared and disturbed areas of the site as
practicable.
Page 33 of 189
Section 34
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
The small guest lodges are single storey and generally do not exceed 5m in height. External
finishes of the guest lodges are designed to integrate into the surrounding landscape.
Internal driveways weave through the vegetation to car parking adjacent to each guest lodge. A
car park has been constructed near Beach Road to service the hotel/eco-centre located on the site
opposite at 200 Maximillian Road.
It is considered the proposed guest lodges are designed to integrate with the attributes of the site
and are considered generally consistent with the intent of the planning provisions for the Visitor
Mixed Use zoning for the site under The Noosa Plan.
Infrastructure Charges
The existing approval includes no requirements to contribute to the following trunk infrastructure
networks:
Transport (paths/roads/public transport)
Public Parks
Stormwater
Accordingly, an Infrastructure Charges Notice may be issued to address the missing trunk
infrastructure networks.
3.4. Community’s Current Awareness of the Development, Rights to Submit and
Likelihood of Further Submissions
Under the current planning scheme the proposed use is impact assessable and required to be
publicly notified.
The application 132008.1779.01 was code assessable and therefore not publically notified
because it was a downstream application subject to the original Preliminary Approval
(132003.221037). The original Preliminary Approval (132003.221037) was publically notified and
involved consultation with community and interest groups.
The Eco Cabins located in the Eastern Development Precinct were completed and titled in 2007
and were advertised ‘for sale’ by the receiver from 2008 along with the balance lot of the Eastern
Development Precinct and the Western Development Precinct lands. This maintained a degree of
the community awareness of the whole Eco-Tourism Portal development. Furthermore, the Noosa
North Shore locale is a reasonably low populated locality with limited population change.
If this request to extend the relevant period of the development approval was refused, the
proponent would be required to lodge a new development application which would be subject to
impact assessment and consequently third party appeal rights. However, given the proposal is
considered generally consistent with the current planning provisions and it is unlikely any
submission would be made.
4. CONSULTATION
4.1. IDAS Referral Agencies
The proposal was originally referred to the Department of Natural Resources and Water as a
concurrence agency due to proposed vegetation clearing and Environmental Protection Agency
as an advice agency due to the site being within 100m of a wetland.
The Department of Natural Resources and Water generally had no concerns. The Environmental
Protection Agency had no concerns with the development.
In regard to this request to extend the relevant period the application was referred to the State
Assessment & Referral Agency (SARA) to obtain the views of the following referral agencies:
Department of State Development, Infrastructure and Planning
A response was received on 17 July 2015 stating the department had no objection to the request
to extend the relevant period for 2 years.
Page 34 of 189
Section 35
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
5. CONCLUSION
The approved Visitor accommodation Type 4 is an inconsistent use in the zone. However, it is
considered the guest lodges are generally more aligned with the Visitor Accommodation Type 3
use under The Noosa Plan, which is a consistent use in the zone. Notwithstanding the definitions,
the proposed guest lodges are considered generally consistent with the planning intent for the
Visitor Mixed Use zoning of the site. All aspects of the Noosa North Shore Eco-Tourism Portal
Development service provisioning have been completed to support the guest lodges (except
footpaths). The approved development does not raise any significant planning concerns and is
recommended that Council agree to extend the relevant period for 2 years.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 35 of 189
Section 36
Page 36 of 189
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Page 41 of 189Section 42
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
5 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR WELLBEING
TYPE 2 SOCIAL (MENS SHED) AT SCHOOL ROAD, POMONA - MCU5/0058
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM / Application / MCU15/0058
Attachments Nil
APPLICATION DETAILS
Applicant Pomona & District Community House Inc
Proposal Development Permit for Material Change of Use of Premises -
Wellbeing Type 2 Social (Men's Shed)
Properly Made Date 25 June 2015
Decision Due Date 24 September 2015
Number of Submissions 2 Properly Made
PROPERTY DETAILS
Property Address School Street, Pomona
RP Description Lot 1 AP 19201
Land Area 13.9 ha
Existing Use of Land Forestry shed and Vacant land
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production
Locality Mary River Catchment
Zone Open Space Conservation
Overlays Biodiversity Overlay – Environmental Protection
Biodiversity Overlay – Riparian Buffer
Natural Hazards Overlay – Medium Bushfire Hazard
Assessment Type Impact
Page 42 of 189
Section 43
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 15 September 2015 regarding Application No. MCU15/0058 for a
Development Permit for Material Change of Use for Well Being Type 2 (Men’s Shed) situated at
School Street, Pomona and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
WSS151082 – 3 Layout, prepared by Showers 07/05/15
Engineering Pty Ltd
Sheet 1 Floor Plan Men’s Shed Pomona 31 August 2015
Nature and Extent of Approved Use
3. Noise generating actives must be limited to between 7am and 5pm.
4. The development must be undertaken in a manner that causes no unlawful
environmental nuisance under the Environmental Protection Act 1994 by the creation
of excessive noise, lighting, waste, atmospheric pollutants (including dust or odours)
or other releases to the environment.
Parking
5. No parking in the triangular portion of land near the entry/exit to School Street is
permitted. In this regard a ‘No Parking’ sign must be erected to ensure no parking
occurs in this area.
Built Form
6. The wall facing the southern boundary must be insulated.
Building Height
7. The maximum height of the development must not exceed 8 metres above the finished
ground level and the natural ground level.
Street Identification
8. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate,
the building name.
B. Find the following are sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. The Men’s Shed will provide an important social service to support Pomona’s village
and rural community.
2. The Men’s Shed will not adversely impact on the amenity of nearby residential uses.
Page 43 of 189
Section 44
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
REPORT
1. PROPOSAL
The proposal is for a Men’s Shed facility located on a triangular portion of State Forest land near
the intersection of School and Reserve Streets, Pomona. It is proposed that members will use the
existing 84m² forestry shed until funding is secured for an 96m² extension to the existing shed;
giving a total planned area of 180m². Figure 1 below shows a floor plan and an architectural
rendering of the proposal.
Figure 1 – Existing building, extension and artists impression
The Australian Men’s Shed Association is a community based, not for profit organisation accessible
to all men. Its primary purpose is to provide a safe and friendly meeting environment with the
objective of advancing the well being and health of its members.
The applicant indicates the group will meet approximately 3 half days per week to undertake
projects, enjoy tea, coffee and conversation. The applicant also indicates that it is unlikely the
number of meeting days will increase in the future.
The Men’s Shed steering committee have explored numerous sites around Pomona but all have
significant obstacles for a community group.
The application is before Council as the Men’s Shed use is an inconsistent use in the zone.
Page 44 of 189
Section 45
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
2. SITE DETAILS
2.1. Background
The lot is part of State Forest land and the shed has been used for various forestry purposes over
the years.
2.2. Site Description
The lot is an arrow shape with the ‘arrow shaft’ portion running east/west and is part of Trail 5 of
the Noosa Trail Network. The site gently slopes from School Street to the southern boundary of
the ‘arrow point’ of the lot where a drainage gully exists and flows to the western end of the
unformed part of Rifle Street. Council has recently undertaken flood mitigation works in this gully.
There is a level area accommodating the existing shed with enough space to construct the future
extension without any significant excavation. Figure 2 below shows the arrow shaped lot and a
closer image of the existing shed being used.
Figure 2 – Subject site outlined in purple and the existing shed.
Page 45 of 189
Section 46
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
2.3. Surrounding Land Uses
Uses near the portion of the lot where the Men’s Shed is proposed include 2 residential dwellings
to the south, a State forestry dwelling straddling the northern boundary and a single dwelling to the
north west. Across School Street are 4 dwellings.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Rural Landscape & Regional Production area of the SEQ Regional
Plan and Men’s Shed facility is consistent with the regional policies and regulatory provisions of
the SEQ Regional Plan.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Mary River Catchment Locality and is zoned Open Space
Conservation. The proposed use is identified as inconsistent within the zone and is required to
follow an impact assessable application process.
Locality Provisions
The Men’s Shed being defined as Wellbeing Type 2 Social is an inconsistent use with the Open
Space Conservation zone and therefore must be assessed against the Overall Outcomes of the
Mary River Catchment Locality Code. The Overall Outcomes which are specifically relevant to the
assessment are outlined below:
8.8.2 a) New uses and works are located, designed and managed to—
i. be compatible with other uses and works;
ii. maintain the safety of people and works;
iii. avoid significant adverse impacts on the amenity enjoyed by users of other
premises, including acoustic and visual qualities; and
iv. avoid significant impacts to native habitat including fragmentation, attrition, or
removal of vegetation or significant habitat features;
q) For Pomona—
i. Pomona retains its role as an important rural service centre supporting a growing
rural and rural settlement community;
The Men’s Shed group propose to meet 3 half days per week, or thereabouts, and will offer a range
of projects that include wood and metal working, gardening, conversation and other offsite
activities.
Page 46 of 189
Section 47
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
The community use will support the greater Pomona community and while some activities will be
noise generating others will generate no noise (e.g. plant propagation/gardening). The shed is
approximately 55m from the nearest residential use and it has been indicated the walls will be
insulated for solar protection and will help to mitigate noise. Furthermore, the Men’s Shed group is
cognisant of the nearby residential uses and have indicated they will be ‘good neighbours’.
The use is located close to the village centre accessible to and offers an important social service
to the local male community. The use will add to Pomona’s role in servicing its rural and rural
settlement community.
Overall Outcome 8.8.2
a) 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.
The building associated with the Men’s Shed exists and the proposed extension is located to an
area historically used by the State for forestry purposes. The use is unlikely to cause any adverse
impacts on the ecological values surrounding the site. The proposed building works are minor with
no vegetation proposed to be removed for its construction. The group is planning to revegetate an
area of the nearby gully.
Overlay Provisions
The following overlay codes are applicable to this application:
Natural Hazards Overlay Code for Bushfire
The bushfire provisions in the Code require that new uses ensure the safety of people and property.
The proposal is located on the fringe of the Pomona village centre being near the corner of School
and Reserve Streets, a short distance to safety in the event of a bushfire. It is noted the building
extension will be assessed under current bushfire regulations by a certifier at the time of building
approval. The proposal meets the intent of the Natural Hazards Overlay Code for bushfire.
Page 47 of 189
Section 48
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
3.4. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. Two (2) properly made submissions were received. The following table
provides a summary and assessment of the issues raised by submitters.
Issues Comments
The group should be aware a part of the The applicant is aware of the shared driveway
driveway is leased by the neighbouring arrangement. A condition is recommended to erect a no
property where there should be no parking. parking sign in the shared part of the land.
Should also be aware the area may be used
by pets and children.
Concerns with Industrial noise being A Men’s shed is a low intensity use and the shed
generated in the middle of a residential area. extension is designed to help mitigate noise and an
adequate buffer is provided.
Will there be time restrictions on industrial A condition is recommended to limit noise generating
activities and general noise and how will this activities to day light hours.
be regulated?
The Men’s Shed has indicated it is unlikely the group
Will it operate 7 days a week? will meet more than 3 half days per week or
thereabouts.
An industrial and public meeting place could The Men’s Shed use is also inconsistent in an Industry
potentially devalue homes. The Men’s Shed is zone. The majority of Community Services land in
located too close to residential dwellings and Pomona is located in closer proximity to residential
would be better in an industrial area or a non- dwellings than the proposed site. Other sites within the
residential area Pomona area were scoped for the use but significant
obstacles existed for a community group.
4. CONCLUSION
The Men’s Shed is an inconsistent use in the Open Space Conservation zone but the existing shed
and immediately surrounding area have been historically used by the State for forestry purposes.
The location is ideal for a community group being close to the Pomona village centre and
accessible to the male community. The use is relatively low intensity and will not adversely impact
on the amenity of the surrounding uses and is recommended for approval subject to conditions.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 48 of 189
Section 49
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
6 FURTHER REPORT FOR MATERIAL CHANGE OF USE APPLICATION FOR RETAIL
BUSINESS TYPE 2 - SHOP & SALON SITUATED AT 15 NOOSA DR, NOOSA HEADS -
MCU14/0053
DOCUMENT INFORM AT ION
Author Development Planner, Jack Lewis
Planning & Infrastructure Department
Index ECM / Application / MCU14/0053
Attachments 1. Locality Plan
2. Approved 85m2 use area (App No.08/0890)
3. Original Proposal Plans (185m2 use area)
APPLICATION DETAILS
Applicant Cammeray Investments Pty Ltd
Proposal Development Permit for Material Change of Use for a Retail Business
Type 2 - Shop & Salon
Properly Made Date 15 July 2014
Information Request Date 21 July 2014
Information Response Date 17 March 2015
Decision Due Date 24 September 2015
Number of Submissions Nil
PROPERTY DETAILS
Property Address 15 Noosa Drive, Noosa Heads
RP Description Lot 6 on N21827
Land Area 286m2
Existing Use of Land Shop
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosa Heads
Zone Visitor Mixed Use
Overlays Natural Hazards
Potential Acid Sulfate Soils
Medium Bushfire Hazard
Subject to Minimum Floor Heights
Assessment Type Impact
Page 49 of 189
Section 50
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
RECOMMENDATION
That Council note the further report by the Development Planner to the Planning & Organisation
Committee Meeting dated 15 September 2015 for Application No. MCU14/0053 for a Development
Permit for Material Change of Use for a Retail Business Type 2 – Shop & Salon, situated at 15
Noosa Drive, Noosa Heads and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No. Issue. Plan/Document Name Date
WD01 B Site Plan drawn by Soul Space Building Design 01/09/2015
WD02 B Floor Plan drawn by Soul Space Building Design 01/09/2015
WD03 B Roof Plan drawn by Soul Space Building Design 01/09/2015
WD04 B Elevations drawn by Soul Space Building Design 01/09/2015
WD05 B Sections drawn by Soul Space Building Design 01/09/2015
3. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed within this Decision Notice.
Performance Bond
4. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted to Council, to secure performance of all conditions of this approval,
prior to the issue of a Development Permit for Building Works. The cash bond or trading
bank guarantee will be returned on performance of the conditions of approval less any
costs incurred by Council in respect of enforcing performance of this permit. Council
reserves the right to call upon the bond or guaranteed sum to effect compliance with
conditions.
Building Appearance
5. Ground floor shopfront glazing along the Noosa Drive frontage must be fully
transparent to a minimum of 50% of the street frontage.
6. All mechanical equipment and other service infrastructure located on the site must be
fully enclosed or screened such that they are not visible from the street frontages nor
adjoining properties.
7. Goods are only permitted to be displayed from within the shop in accordance with the
use areas indicated on the approved plans. No part of the outdoor areas shall be used
for storage or sale of goods and/or materials.
Page 50 of 189
Section 51
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
Retention of Existing Trees
8. Existing native trees identified on the approved plans located between the building and
the eastern and southern property boundaries must be retained and maintained in good
health for the life of the tree.
9. Trees to be retained must be protected from construction activities by:
a. clearly marking vegetation to be retained with flagging tape;
b. installing protective fencing around the drip line of the vegetation;
c. restricting stockpiling, storage and vehicle parking to those areas which are
already cleared; and
d. using low impact construction techniques around vegetation.
Prior to Commencement of Works
10. A preliminary Construction Management Plan must be submitted to Council prior to the
pre-start meeting and must address the following:
a. appropriate traffic signage in accordance with the Manual of Uniform Traffic
Control Devices (MUTCD).
b. provision for safe pedestrian access across the frontage of the site both during
daily construction and after daily construction has ceased.
c. it is acknowledged that the preliminary Construction Management Plan will be a
draft document requiring finalisation upon appointment of the Principal
Contractor employed to construct the works and a final document will be required
to be submitted at the Pre-Start Meeting for the project.
11. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6244.
The pre-start meeting must include the relevant parties for the demolition, construction
and landscaping aspects of the works:
B. Execute the infrastructure agreement with the applicant for the payment of contributions in
lieu of off-street parking for 3 car park spaces totalling $68,187 (subject to indexation); and
C. Give notice to the property owner that the unapproved works must be removed to the
reasonable satisfaction of Council within 6 months.
REPORT
1. BACKGROUND
On the 13 October 2008, Council issued a development approval (08/0890) for a Retail Business
Type 2 – Shop & Salon with a total gross floor area of 85m2. The applicant subsequently undertook
building works without Building or Planning approvals and increased the total use area to 185m 2
(see Attachments 1-3).
Following town planning and building compliance action, the applicant subsequently applied to
Council for approval to make the existing floor space compliant with the Building Code of Australia
(BCA), as well as pay a contribution in-lieu of providing on-site carparking for 6 spaces totalling
$135,732 for the increased shop use areas.
A report on this original proposal was discussed at the 26 May 2015 Planning & Organisation
Committee meeting and was recommend for refusal for the following reasons:
Page 51 of 189
Section 52
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
1. The proposed development does not meet the Overall and Specific Outcomes of the
Driveways and Car Parking code as sufficient car parking is not provided on site to
accommodate the number of vehicles likely to be generated by the development.
10. The proposed development does not meet the Overall and Specific Outcomes of the Noosa
Heads Locality Code as the proposals exceeds the 45% site cover requirement for Visitor
Mixed Use Zone, having a 65% site cover.
On the 4 June 2015, Council resolved at its Ordinary Meeting to defer consideration of the
application in accordance with the applicant’s request to further discuss with Council the proposed
removal of certain structures to reduce the site cover and car parking requirements.
2. REVISED PLANS
Following an onsite meeting, the applicant submitted revised plans detailing a significant reduction
in gross floor area and site cover. The amended plans are included as Figure 1 and include:
Reduction of the total gross floor area by 56.5m2 from 185m2 to 128.5m2;
Reduction of the total building site cover from 65% to 45%;
Removal of translucent roofing along the northern side boundary;
Removal of the front stud wall;
New fire wall along the northern boundary;
Removal of part of the colourbond storage and display area at site’s rear; and
New roof over the rear of the premises;
Figure 1 Amended Plans (dotted outline indicates portions of the building to be removed)
The reduction in the gross floor area results in the development complying with the 45% site cover
requirement for the Visitor Mixed Use zone. However, the proposal still does not provide for the
required 3 additional on-site carparking spaces associated with the 56.5m2 increase in the shop’s
use area (calculated at a rate of 1 space per 20m2). Instead, the applicant proposes to enter into
an infrastructure agreement for payment in lieu of 3 off-street parking spaces totalling $68,187
based on the repealed PSP13 – Contributions in lieu of Provision of Off-street Parking.
Page 52 of 189
Section 53
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
This repealed policy allowed for contributions to be used for acquisition, construction and/or
modification of land for parking, or the improvement of public transport infrastructure, subject to
meeting certain requirements. At its Ordinary Meeting of 26 June 2014 Council resolved to:
“Request Strategic Land Use Planning to prepare a detailed report addressing the feasibility of
accepting contributions in lieu of the provision of off-street parking within each locality and, in the
interim, not generally accept monetary contributions in lieu of the provision of off-street parking.”
While the resolution indicates monetary contributions in lieu of providing carparking will not
generally be applied, each development application must be assessed on its merit.
The applicant has reduced the size of the shop and now seeks to pay a contribution for 3 carparking
spaces (6 previously required), with reasons given that the smaller size of the shop and its location
near existing public transport infrastructure means the provision of on-site parking is not an
essential or practical requirement. The applicant also proposes to retain the existing vegetation
including several mature koala habitat trees, instead of providing for on-site parking at the rear
from Halse Lane.
The Hastings Street area is generally considered a key location for delivery of future public
transport infrastructure. Even though Council does not currently have a policy position for
infrastructure spending for parking contributions, it is appropriate to accept a contribution due to
the relatively small number of carspaces to be offset. The retention of the existing trees located at
the rear of the existing building is also desirable and consistent with the surrounding landscape
character of the Noosa Drive / Hastings Street area and the Overall Outcomes sought by the Noosa
Heads Locality Code.
3. CONCLUSION
The application seeks approval to increase the gross floor area at the ‘Golden Breed’ surf shop at
15 Noosa Drive, Noosa Heads by 56.5m2 and enter into an infrastructure agreement to pay a
contribution in lieu of the provision of 3 off-street parking spaces.
The applicant has responded to Council’s previous resolution to defer the decision in June 2015
by reducing the size of the shop from the originally proposed 185m2 to 128.5m2, and retaining the
existing vegetation located at the rear of the site. The reduction in the gross floor area results in
the development complying with the 45% site cover requirement. However, the proposal still
requires Council to enter into an infrastructure agreement to pay contributions in lieu of providing
3 onsite carparking spaces on the 286m2 site.
Although Council does not have a policy to accept contributions in lieu of provision of carparking,
in this instance it is considered appropriate to enter into an infrastructure agreement due to the
relatively small number of bays in which a contribution is sought (3) and the Hastings Street area
is generally considered a key location for delivery of future public transport infrastructure.
The application is therefore recommended for approval, subject to conditions.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order X Building & Plumbing Services
Waste & Environmental Health X DA Planning
Community Facilities X Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
X
Executive Office X Corporate Services
Community Engagement X Finance
Customer Service ICT
Executive Support Procurement & Fleet
Page 53 of 189
Section 54
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
ATTACHMENT 1
Locality Plan
Page 54 of 189
Section 55
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
ATTACHMENT 2
2
Approved 85m use area (App No.08/0890)
Page 55 of 189
Section 56
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
ATTACHMENT 3
Original Proposal Plans (185m2 use area)
Page 56 of 189
Section 57
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
Page 57 of 189
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
Page 58 of 189
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
7 PLANNING & ENVIRONMENT COURT APPEAL 3126/2015 FOR A REQUEST TO
CHANGE CONDITIONS OF A DEVELOPMENT APPROVAL FOR A MIXED USE
DEVELOPMENT AT 90 GOODCHAP STREET, NOOSAVILLE - 132007.12.6 (07/0012)
DOCUMENT INFORM AT ION
Author Development Planner, Jack Lewis
Planning & Infrastructure Department
Index ECM / Application / 132007.12.6 & Case / 3126/2015
Attachments Nil
APPLICATION DETAILS
Applicant Noosa Professional and Medical Centre Pty Ltd
Proposal Request to Change Conditions of Approval
Appeal Filed 07 August 2015
PROPERTY DETAILS
Property Address 90 Goodchap Street, Noosaville
RP Description 2 SP155870 & 4 SP196846
Land Area 1.6867 ha
Original Approval Type: Development Permit for Material Change of Use:
- Commercial Business Type 1 (Office)
- Commercial Business Type 2 (Medical)
- Education Type 3 (Adult)
- Retail Business Type 1 (Local)
- Retail Business Type 2 (Shop)
- Entertainment & Dining Business Type 1 (Food & Beverage)
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Community Services
Overlays Natural Hazards (Acid Sulfate, Bushfire and Flood)
Assessment Type Change to Existing Approval
Page 59 of 189
Section 60
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 15 September 2015 regarding Planning & Environment Court Appeal
3126/2015 and agree to defend the appeal.
REPORT
A report on this request for a permissible change seeking to change conditions of an existing mixed
use development approval at the ‘Noosaville Medical & Professional Centre’ situated at 90
Goodchap Street, Noosaville was considered by Council at its Ordinary Meeting on 2 July 2015.
Council resolved to change conditions 1, 7, 8, 10, 12, 36, 38, 64, 65 & 66 of the existing approval,
allowing for the 2,723m2 of adult education currently using the site to remain subject to the multi
storey carpark being constructed.
The applicant considers the existing 315 on-site parking spaces is an appropriate provision of car
spaces, without the need of having to construct the multi storey carpark. The multi storey carpark
would make 395 car parking spaces available on the site (not including the 40 bays in the child
care centre).
On the 7 August 2015, the applicant lodged an appeal with the Planning and Environment Court
seeking the Court to amend conditions 1, 10, 11, 12 and 36 of the Development Approval. The
changes to these conditions relate to this difference in on-site parking provision. The applicant
indicates that the cost estimate to build the carpark exceeds $3 million and is an unreasonable
imposition on the development.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting 2 July 2015, Item 1, Page 8
That Council note the report by the Development Planner to the General Committee Meeting dated
29 June 2015 regarding Application 132007.12.6 for a Change to an Existing Approval, situated at
90 Goodchap Street, Noosaville and:
A. Change Condition 1, 7, 8, 10, 12, 36, 38, 64, 65 & 66 to read:
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are numbered Site Plan
Overall Parking Layout 0427 DA01E, Site Plan Overall Podium Level 0427 DA02E,
Site Plan Overall Upper Plan 9427 DA03E, Stage 2 Carpark Plan 0427 DA04E, Stage
2 Podium Plan 0427 DA05E, Stage 2 Upper Floor Plan 0427 DA06E, Roof Plan 0427
DA07D, Existing Approved Elevation & Sections 0427 DA08D, Proposed Elevations &
Sections 0427 DA09D, Proposed Carpark Lower Level Plan 0427 DA10E, Proposed
Carpark Mid Level Plan 0427 DA11E, Proposed Carpark Upper Level Plan DA12E and
Proposed Carpark Elevations & Sections 0427 DA13E prepared by Middap Ditchfield
Pty Ltd and dated May 2007 and Working Drawings Carpark Layout 0715 WD01.1
prepared by Middap Ditchfield Pty Ltd and dated April 2008 and Plan of Lots 4, 5 &
Emt D (Restricted) in Lot 4 SP 196846 prepared by Jones Flint & Pike and as may be
amended by these conditions.
7. Secure bicycle racks shall be provided on site to accommodate a minimum of 35
bicycles. The proposed bicycle racks shall be identified on the plans submitted for
Operational Works approval and shall be located to the reasonable satisfaction of the
Council.
8. End of trip facilities shall be provided within the approved buildings at a minimum rate
of 18 lockers and 3 showers.
Page 60 of 189
Section 61
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
10. The proposed development shall not exceed a maximum height of:-
10.1 for buildings, 2 storeys and 10 metres above natural ground level, with the
exception of building B, which may be 3 storeys in height in accordance with
the approved plans.
10.2 for the car park structure, 8 metres above natural ground level, with the
exception of the rendered block work up stand (ie. lift overrun) adjacent to the
driveway ramp which shall not exceed 10.5 metres above natural ground level.
12. The development is permitted a total maximum use area of 6,054m2 with each
individual use permitted the following maximum use areas at any one time:-
12.1 Commercial Business – Type 1 Office – 2420m2
12.2 Commercial Business – Type 2 Medical – 3000m2
12.3 Education – Type 3 Adult – 2,723m2
12.4 Retail Business – Type 1 Local – 100m2
12.5 Retail Business Type 2 Shop or Entertainment and Dining Business Type 1
Food and Beverages – 236m2 (includes 16m2 of outdoor dining).
36. The development shall provide car parking spaces on the site at a minimum rate of 395
car parking spaces.
38. Vehicular access to the site shall be primarily from Goodchap Street and car parking
shall be generally in accordance with the approved plans.
64. The required contributions shall be paid to Council and the associated car parking
constructed.
65. Vehicular access arrangements can be varied to allow for an alternative access
arrangement for northern vehicle access to the site from Goodchap Street. The
alternative access arrangement shall be generally in accordance with Drawing No.
P10C, Job No. 06679 prepared by TOD Noosa dated 29 May 2009. The works shall
include but not be limited to:-
i. The linemarking necessary to provide the right turn lane and associated medians,
ii. The direction linemarking within the existing access,
iii. The widening of the current vehicle crossover, and
iv. Any works associated with the existing Telstra pit to the satisfaction of Telstra.
Suitable certification from Telstra shall be submitted to Council prior to the
commencement of any works and at the completion of the works.
Further, a schedule of works, specifications and plans detailing this work shall be
prepared and submitted to Council for approval as part of an application for Operational
Works.
66. Where vehicular access arrangements are varied in accordance with the alternative
access arrangements identified by Condition 65, the applicant shall design and
construct an indented bus bay in Goodchap Street to replace the existing kerb side bus
stop located in the frontages of No 135-137 Goodchap Street. The works for the bus
bay shall include but not be limited to the following:-
i. Be located generally in accordance with Drawing No. P10C, Job No. 06679
prepared by TOD Noosa dated 29 May 2009,
ii. Be designed and constructed generally in accordance with Translink’s “Regular
Stop” as shown on Translink Drawing No. TL-R02 with the following
modifications:
Page 61 of 189
Section 62
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
a. The kerb type in the tapers must provide unimpeded access to the two
affected residential properties,
b. The minimum taper on the approach should be approximately20m,
c. The new taper should be 1 in 7, and
d. The minimum length of the bus stop itself is 20m.
iii. The pad, seat, bin, signage and tactile indicators as shown on Translink’s
“Regular Stop” as shown on Translink Drawing No. TL-R02.
iv. Any modifications to and realignment of the existing residential access
driveways,
v. A 2m wide concrete footpath connecting the bus stop to the existing footpath in
Goodchap Street.
In this regard a schedule of works, specifications and plans detailing this work shall be
prepared and submitted to Council as part of an application for Operational Works.
B. Agree to delete condition 15;
C. Give notice to the property owner to comply with the conditions of the approval and that the
unapproved works within the Lake Doonella Reserve must be removed and reinstated back
to its original condition to the reasonable satisfaction of Council within 6 months.
Finance & Risk
There will be significant costs for Council involved in defending the appeal and it is premature to
advise on the appeal prospects at this stage.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health X DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
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8 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR A MIXED
USE SHOPPING CENTRE EXPANSION AND OPERATIONAL WORKS AT 28 EENIE
CREEK ROAD, NOOSAVILLE (MCU14/0106 & OPW15/0001)
DOCUMENT INFORM AT ION
Author Coordinator Planning, Denis Wallace
Planning & Infrastructure Department
Index ECM / Application / MCU14/0106 / OPW15/0001
Attachments 1. Proposal Plans
2. Arbour & Frontage Upgrade Plans for Existing Centre
3. Beard Traffic Engineering Calculations
(Note: All three Attachments have been attached separately to agendas)
APPLICATION DETAILS
Applicant QIC Noosa Civic Pty Ltd
Proposal Development Permit for Material Change of Use of Premises for a
shopping centre expansion comprising:
Commercial Business - Type 1 Office
Commercial Business - Type 2 Medical
Commercial Business - Type 3 Veterinary
Entertainment & Dining Business - Type 1 Food & beverages
Entertainment & Dining Business - Type 2 Recreation, amusement
& fitness
Entertainment & Dining Business - Type 3 Bar
Education - Type 1 Childcare
Education - Type 3 Adult
Education - Type 4 Information
Open Space - Type 1 Sport & recreation
Retail Business - Type 2 Shop & Salon
Retail Business - Type 4 Showroom
Retail Business - Type 7 Garden & Lifestyle Centre
Wellbeing - Type 2 Social
Service & Utility - Type 2 Installation
Undefined Use - Temporary Markets
Development Permit for Operational Work for:
Interference with vegetation
Interfering with quarry material on State coastal land above high
water mark within a Coastal Management District.
Properly Made Date 07/01/15
Information Request Date 12/02/15
Information Response Date 25/06/15
Decision Due Date 08/10/15
Number of Submissions 133
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PROPERTY DETAILS
Property Address 28 Eenie Creek Road Noosaville Qld 4566
RP Description Lot 3 SP 246584
Land Area 28.94ha
Existing Use of Land Shopping centre, carpark, showrooms, offices, commercial uses,
service station and vacant/environmental balance lands within a master
planned business centre
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Shire Business Centre
Overlays Environmental Protection & Enhancement Areas
Low/High Potential Acid Sulphate Soils Areas
Flood Hazard Area
Area Subject to Minimum Floor Height
Medium Bushfire Hazard Area
Assessment Type Impact
EXECUTIVE SUMMARY
This report seeks Council’s determination of a development application for a major expansion to
Noosa Civic shopping centre. The application is before Council due to the degree of conflict with
planning provisions for the site, the significance of the proposal and the level of public interest in
the application (133 submissions were received during the public notification period).
The expansion will roughly double the size of the existing Noosa Civic, with the new mall to connect
to the existing shopping centre via a pedestrian link across an environmental covenant. Noosa
Civic sits within the Noosa Business Centre where retail development already exceeds planned
limits. The Noosa Plan’s provisions for the site’s remaining undeveloped commercial precincts
seek to generate diversified employment growth that will expand Noosa’s economy. The
development is proposed predominantly over a precinct identified for “Technology based R&D,
Business Offices & Civic” develpoment. As such, the proposed retail expansion raises
fundamental conflicts with The Noosa Plan’s land use intent for the site. This intent is reinforced
by the South East Queensland Regional Plan, which also seeks to protect the Noosa Business
Centre for long-term employment diversification opportunities.
The application suggests very limited demand exists for development consistent with planning
scheme provisions, such as commercial offices and the like. The proposed shopping centre
expansion is framed by the applicant as responding to pressing community needs indicated by: a
high level of escape expenditure from the Noosa Civic catchment; comparatively low provision of
existing retail floor space, including discount department stores; and the strong performance of
existing supermarkets. Future retail spending growth is said to be driven in part through population
growth, particularly around Peregian Springs and Coolum. The applicant suggest only modest
impacts on existing centres within the Noosa Civic catchment, which it says will be quickly offset
by future spending growth.
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This assessment finds merit in a number of aspects of the development. Completion of the NBC
ring road will assist development of the remaining precincts but this is a requirement for compliant
development on the site. Frontage upgrades to the existing centre are also broadly supportable.
The development will provide greater retail choice and access to goods and services for residents
to some extent but the applicant fails to adequately acknowledge the scale and influence of the
region’s Principal Activity Centre at Maroochydore, which will continue to grow and attract people
from Noosa due to the greater choice and services provided there.
The development’s impacts on local centres are reported by the applicant as acceptable but
approaching levels of concern. However, these are likely to be understated. It would be highly
undesirable for the development to impact on Noosa Junction, in particular, to an extent that
hinders its revitalisation.
External road upgrades required to accommodate traffic impacts may extend to extensive
signalisation and widening of Eumundi Noosa Road, contrary to Noosa’s long held infrastructure
planning to provide a roundabout based low-key traffic network. The extent of required works are
unable to be fully quantified, based on the applicant’s submitted assessment but would come at
significant cost and disturbance. Critically, the works are unplanned and not part of Noosa’s Local
Government Infrastructure Plan. If the cost of the works is borne by the applicant it may be
commercially prohibitive but there is a risk the applicant will seek their conversion to trunk
infrastructure, with costs borne by Council.
On balance, only limited need is apparent for the development and the applicant is not considered
to have demonstrated sufficient grounds exist to overcome the development’s statutory planning
conflicts and impacts.
It is recommended the application be refused.
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 15 September 2015 and refuse Application No. MCU15/0106 &
OPW15/0001 for a Development Permit for Material Change of Use for a mixed use shopping
centre expansion and associated Operational Works situated at 28 Eenie Creek Road, Noosaville
for the following reasons:
1. The development conflicts with the South East Queensland Regional Plan’s Desired
Regional Outcome for employment because it will not diversify Noosa’s economy and
sterilises land to be retained for long-term non-retail opportunities.
2. The development fundamentally conflicts with The Noosa Plan’s intent for the site to provide
for long-term non-retail employment growth and diversification.
3. The development will have undesirable economic impacts on existing commercial centres.
4. The applicant has not demonstrated an economic need for additional retail development in
the Shire Business Centre.
5. The development will have unacceptable impacts on traffic safety and traffic operations on
Noosa’s road network.
6. The development will necessitate expensive and disruptive traffic signals at two or more
critical intersections within the network, which, without the subject development, can operate
satisfactorily until well beyond 2026 with only minor upgrades to the existing roundabout-
based system. Introduction of new signalised intersections to the local road network is
contrary to Noosa’s desired low-key network character and planning intent and is not
acceptable.
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7. The development is not consistent with the assumptions stated in Noosa’s Local Government
Infrastructure Plan for future development of the Noosa Business Centre. The applicant’s
proposed contributions toward intersection upgrades do not satisfactorily address the
development’s likely traffic impacts and any additional costs of upgrading the traffic network
should be to the development and not the community.
8. The development will not provide sufficient on-site parking to accommodate design peak
parking demands reasonably expected to be generated and will have adverse impact on the
convenience of use of the Noosa Business Centre.
9. The development is likely to compromise the future development of a bus interchange critical
to the future management of traffic and transport demands for the entire Business Centre.
10. The applicant has not demonstrated sufficient grounds exist to overcome the development’s
statutory planning conflicts.
REPORT
1. PROPOSAL
The application seeks approval for a major expansion of the Noosa Civic shopping centre involving
32,525m2 of additional floor area and 22,870m2 of gross lettable area. 66 new commercial
tenancies are proposed, comprising 2 supermarkets, a discount department store, specialty stores,
food outlets and restaurants. The expansion is proposed at the eastern end of the existing centre,
where the existing food court is located. Some reconfiguration of that end of the existing centre is
also proposed. An extract of the site plan in Figure 1 below shows the location of the proposed
expansion. Full proposal plans are included as Attachment 1.
Figure 1 – Proposed Layout Plan
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The table in Figure 2 below provides a summary of the proposed new tenancies within the shopping
centre expansion and reconfiguration areas.
Figure 2 – Proposed Tenancies and Floor Areas
By way of examples, discount department stores include K Mart and Target, mini majors include
JB Hi-Fi, Rebel Sports and Priceline stores. The applicant indicates new anchor tenants are likely
to include a Coles supermarket, an Aldi Supermarket and a Target discount department store,
though future tenant details are not a formal aspect of the application.
The reconfigured portion of the existing centre includes a larger gym and alterations to back-of-
house areas and service vehicle circulation routes. A major refurbishment to the front presentation
of the existing centre is also proposed, which includes extensive new awnings, arbours and
plantings.
The shopping centre expansion will connect from the existing food court area across an
environmental covenant area to the east via a 25m wide pedestrian and seating link. The
expanded shopping mall area then runs generally north south and generally aligns with Precinct J
on the Master Plan for the Noosa Business Centre (NBCMP) applying to the site, which has now
been dedicated as environmental Covenant J.
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The main entrance area to the shopping mall expansion will not be air conditioned, with climate
controlled areas occurring at points within the building defined by air curtains. The applicant
indicates this provides transitional indoor-outdoor areas and enhances connections with the site’s
natural setting and landscape spaces. Key elements of the shopping centre extension are shown
in Figure 3 below.
Figure 3 – Key Elements
The applicant seeks to maintain flexibility for a range of tenants and has applied for a broad mix of
uses listed in the application details section of this report. The uses include all commercial and
entertainment & dining businesses defined under The Noosa Plan, most retail use types and a
number of community uses. The planning report for the development states:
The applicant seeks to allow for flexibility in the use of the proposed expansion, in line with
the intent of the development to provide a mixed use expansion of the existing Noosa Civic.
The proposal plans … show the provisional layout of the internal space, incorporating two
supermarkets, a discount department store, specialty, food, restaurant and kiosk outlets
and mini majors. While the mall structure depicted is intended to remain throughout the life
of the expansion, the internal layout and configuration of tenancies, particularly smaller
specialty tenancies, is intended to adapt to the changing needs of a range of users that
may tenant the space.
The proposed development seeks to incorporate a range of land uses that are consistent
with the nature of the existing Noosa Civic and the range of uses traditionally found in a
centre of the style proposed. Uses which may occupy the tenancies of the expansion
include (but are not limited to) uses such as traditional shops, larger format showrooms,
banks, travel agents, medical centres and pharmacies, child minding services, libraries,
information centres and food outlets including small bars, restaurants and cafes.
The proposed development particularly seeks flexibility in relation to the use of the multi-
use area, which may be subject to short-term hire arrangements for uses such as adult
education and training or community/charity events.
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An additional 1,000 car parking spaces are proposed, with the majority located in an undercroft
carpark (690 spaces) and the remainder in three ground level carparks (120 spaces, 90 spaces
and 100 spaces) in front of the shopping centre in the eastern corner of the site. Shade structures
covering approximately 54 spaces are proposed to the northernmost carpark adjacent the new
main entrance.
New internal roads are proposed to connect to the existing road network within the site and to
Walter Hay Drive external to the site, being:
Construction of the extension of Hofmann Drive to join to the existing roundabout on Walter
Hay Drive. It is proposed that this road be dedicated as “public road”
Construction of a roundabout on the existing internal road and the construction of “Central
Road” south through the site to join with the extension of Hofmann Drive. It is proposed that
this road be retained as a “private road”.
The new roads complete a ring road identified on the NBCMP and provide connections to the
undercroft carpark, at-grade carparks, the existing eastern site entrance off Walter Hay Drive and
a new southern entrance via an existing roundabout on Walter Hay Drive constructed for that
purpose.
The development layout seeks to retain most of the vegetation within the existing Covenant J area
that will separate the existing and new mall areas, with approximately 700m2 of vegetation required
to be cleared to create the new pedestrian link. A number of retained vegetation strips are also
proposed between the new ring road and the development’s new carpark areas, with these
intended to partially screen the expanded shopping mall and provide filtered views from road
approaches.
The new building’s external architecture involves some unusual aspects for a shopping centre
design. Much of the building has a monolithic/sculptural form, with metal roofing in natural hues
continued at angles down wall elevations, avoiding basic box profiles. The stated intent is for these
areas of the building expanse to sit behind, and blend with, retained vegetation and new
landscaped areas, particularly when viewed from the eastern and western elevations. The two
new primary entrances provide the design focal points. These are accentuated by open, double-
height roof canopies and extensive use of expressed awnings, columns, blade walls, feature
timbers and the like, together with substantial glazed frontages.
The building contains 2 levels of floor space near the main entrance, with a 430m 2 multi-use area
situated at first floor level. Here the roof line extends to around 10m above ground level and
provides covered pedestrian areas exceeding 10m in depth, as shown in Figure 4 below.
Figure 4 – New Main Entrance (landscaping & vegetation not shown)
Internally, the retail shopping centre is laid out at ground level, with the pedestrian mall areas
being double height spaces. The roof includes extensive use of clerestory glazing and skylights
allowing natural light to pedestrian areas and two atriums extending from ground level within the
basement carpark providing the location for escalator access and open gardens.
The images in Figures 5 – 8 below show extracts of the architectural renderings of some views of
the shopping centre expansion.
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Figure 5 – New Main Entrance
Figure 6 – Northern Approach
Figure 7 – Southern Approach
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Figure 8 - Pedestrian & Seating Link Looking East Toward New Expansion
The project architect describes the design intent as:
The key architectural principle at the heart of the Noosa Civic expansion is a built form that
connects people to the forest and embraces the surrounding natural landscape. The architectural
response draws inspiration from its natural setting, complimenting and framing the native flora,
while offering the public a unique perspective and appreciation of the natural setting.
A variety of approaches have been implemented to allow the built form to connect people to
the surrounding forest. This has been achieved through;
Dissolving built form into the forest backdrop. …
Allowing key arrival spaces to emerge through the trees. …
The formation of contemplative spaces which immerse with and frame the view of the forest
surrounds. …
Providing small amounts of surface car parking in clearings that maintain generous tracts of
existing native vegetation to the adjacent roads, while hiding the remaining majority of
parking in an undercroft. …
Feathering building edges where built forms meet the natural surrounds. …
Providing outdoor civic and dining spaces that celebrate the beautiful Noosa climate and
picturesque natural surrounds of the precinct. …
An outdoor communal/civic area and children’s play area is proposed at the northern end of the
shopping centre extension adjacent the new main entrance, as shown in Figure 9 below. The
applicant indicates this area will feature a play/art space, open grassed area, boardwalk, planted
arbour, artwork elements, informal seating and path zone and retained and enhanced native
plantings.
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Figure 9 – Civic / Play Areas Adjacent to New Main Entrance
Upgrade works to the existing shopping centre include an extensive arbour along the full length of
the existing northern façade designed by local architects, Bark Design. Two substantial canopy
roofs are also proposed extending from the existing shopping centre entrances over the zebra
crossings on the internal road. These plans are included as Attachment 2, with extracts shown
below in Figures 10 and 11 below. No alterations to the existing internal road layout are required
as a result of the proposed arbours and canopy roofs.
Figure 10 – Perspective of New Pedestrian Arbour to Existing Shopping Centre
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Figure 11 – New Entrance Canopies to Existing Shopping Centre
No significant upgrades to the external road network are proposed, however, the applicant
indicates two external intersections will require upgrades within a 10 year horizon, being Eumundi-
Noosa Road/Beckmans Road and Eumundi-Noosa Road/Eenie Creek Road. The applicant
submits standard development contributions will cover the former and an additional contribution
should be apportioned toward the latter.
The application includes operational works components relating to vegetation removal and
earthworks within a Coastal Management district. Both components are directly associated with
the shopping centre expansion and have been included with the initial application to provide the
applicant with certainty regarding these particular operational works aspects.
1.1 Supporting Documents
The application material includes extensive specialist reports and supporting documents,
comprising:
Town Planning Report prepared by Cardno HRP
Architectural Drawings and Architectural Design Report prepared by The Buchan Group
Landscape Concept prepared by Cardno
Traffic Impact Assessment prepared by Cardno
Engineering Report prepared by Cardno
State and Local Government Ecological Assessment prepared by Cardno
Covenant Interface Management Plan prepared by Cardno
Bushfire Assessment Report prepared by Cardno
Visual Amenity/Landscape Integration Report prepared by Cardno
Retail Needs Assessment prepared by Urbis
Commercial Needs Assessment prepared by Urbis
Commercial Office Scenario and Supporting Strategies prepared by The Buchan Group
Arbour Architectural Drawings prepared by Bark Design
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2. SITE DETAILS
2.1. Site Description
The site is part of Lot 3 SP 246584 located at 28 Eenie Creek Road, Noosaville. The parent lot is
irregularly shaped and approximately 31.73ha in area, however, the applicant amended the
application to exclude a portion across Walter Hay Drive to the northeast (shown in Figure 12
below) so the land is not encumbered by the application. The resultant site area is 28.94ha.
Figure 12 – Full extent of Lot 3 SP246584 (left) and reduced area subject to DA (right)
The site has frontages to Eenie Creek Road (approximately 730m) and Walter Hay Drive
(approximately 1,030m), which both form part of the major road network identified by The Noosa
Plan, neither road is State controlled. Vehicular access to the site is currently provided from both
Eenie Creek Road and Walter Hay Drive, with both intersections functioning as roundabouts. An
additional roundabout intersection has been constructed on Walter Hay Drive at the southern end
of the site in anticipation of future development. Pedestrian and cyclist access to the site is primarily
provided via a path from the Eenie Creek Road frontage, with tunnels constructed under both Eenie
Creek Road and Walter Hay Drive. The site is within a few kilometres of secondary activity centres
at Tewantin, Noosaville and Noosa Junction. The Noosaville industrial estate is located to the
immediate west of the site, with a large retirement village located to the north, with the North Weyba
section of the Noosa National Park and Lake Weyba to the east. At a regional scale, the site is
located approximately 27km north of Maroochydore.
The land is generally flat and gently sloping toward Eenie Creek to the south of the site. The site
is part of a system of coastal lowlands that flow to Lake Weyba and the Noosa River. A drainage
corridor is also situated on the subject site, running generally in a north east to south west direction
to Eenie Creek south of the site. This corridor is identified as precinct OS7 – open space
(environmental drainage) by the precinct plan for the NBC and has been dedicated as Covenant
J.
The existing developed portions of the site, subject to Stage 1, have been extensively cleared of
vegetation. The area of the subject site, which is to be developed as Stage 3 is vacant land and
is currently vegetated. The vegetation is intact regrowth vegetation located south east of the
existing development and bordered to the east by Walter Hay Drive.
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The vegetation was predominately cleared in 1979, with the development footprint mapped as
“regrowth” vegetation for the purposes of the Vegetation Management Act 1999. On-ground
surveys have confirmed the accuracy of the vegetation mapping for the site, although have
identified remnant patches too small for inclusion in regional ecosystem mapping. The regional
ecosystem the regrowth vegetation is associated with is predominantly Regional Ecosystem 12.9-
10.1, described as Tall open forest. Canopy species include Eucalyptus resinifera, E. grandis, E.
robusta, Corymbia intermedia +/- E. microcorys, Melaleuca quinquenervia, Syncarpia glomulifera
subsp. glomulifera and Lophostemon confertus. The dominant canopy tree is Syncarpia
glomulifera subsp. glomulifera (Turpentine), with other species such as Eucalyptus resinifera, E.
grandis and Corymbia intermedia occurring less frequently. The sub-canopy contains
representations of the upper canopy, as well as Alphitonia excelsa, Melaleuca salignus and
Cryptocarya glaucescens.
Under the Vegetation Management Act, there are no regional ecosystems listed as ‘Endangered’
known to occur at the NBC site. There are also no recorded flora species found on the site that are
listed as vulnerable or endangered under the Nature Conservation Act 1992 or the Environment
Protection and Biodiversity Conservation Act 1999. Further, no nationally significant fauna species
have been recorded on the site; however 28 national significant fauna species have been recorded
in the vicinity of the site, with 4 of these within the locality being koala, Silvia’s Blind Snake, Elf
Skink, Green Thighed Frog and Wallum Froglet. Whilst none of these species were recorded within
the stage 3 area by the applicant’s flora and fauna study, it is considered likely that they may occur
within this portion of the site. The strategy for amelioration of potential impacts on significant
species has been to allocate a large extent of open space between stages 1, 2 & 3 and Eenie
Creek. This area will be retained as natural vegetation providing habitat for these species and
buffering Eenie Creek from development. This conservation allocation was done as part of Stage
1 development of NBC and is identified as Lot 3 SP182845.
Four parts of the site are subject to a statutory covenant, which seek to preserve existing native
vegetation on the land. The covenanted areas generally correspond with open space precincts
OS3, OS5 and OS7 as identified on the precinct plan for the NBC. Notably the terms of the
covenant provide that existing vegetation is preserved, however the covenant does allow that
fixtures, buildings, structures or paths which would otherwise have been prohibited may be
constructed within the covenanted areas where shown on plans approved by Council.
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Figure 13 – Locality Plan
Figure 14 – Zoning Map
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Figure 15 – Aerial Photograph of Site and Surrounds
2.2. Surrounding Land Uses
The Noosaville industrial estate is adjacent the site to the west, with Rene Street extending into
the NBC and connecting to Hofmann Drive. The estate contains a broad mix of industrial and
business uses. Adjacent lots within the NBC to the west and south west of the site fronting
Hofmann Drive and Rene Street have been developed for warehousing, storage, distribution,
manufacturing and trade showroom uses. Lionel Donovan Drive is to the north of the site, across
Eenie Creek Road, and is predominantly developed for motor vehicle sales businesses and
complimentary industrial business uses. Noosa Domain retirement village is north of the site across
Eenie Creek Road. Substantial open space and conservation lands containing remnant vegetation
are adjacent the site to the south and east, with Eenie Creek approximately 500m to the south
flowing to Lake Weyba 1.5klm to the southeast.
2.3. Background
The site represents the majority part of the Noosa Business Centre and has partly been developed
with the Noosa Civic established in October 2006 as Stage 1. Stage 1 involved the establishment
of a discount department store based shopping centre of approximately 23,900m2 gross floor area,
along with 7,200m2 gross floor of retail showrooms, a service station and 4,925m2 gross floor area
of commercial office space. As part of the approval for Stage 1, Lot 3 SP182845 was dedicated as
open space to the State.
A Stage 2 development was approved by Council in 2008 and comprised four office buildings with
a combined gross floor area of 7,701m2 but never proceeded and the approval has lapsed. The
associated lots along the NBC’s western boundary were subsequently sold by receivers and a
number now have new development approvals.
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A development application for a major shopping centre expansion proposal by the previous owner
of the site, W.A. Stockwell Pty Ltd, was lodged with Noosa Council in 2007 and ultimately assessed
by Sunshine Coast Council. The development was referred to as Noosa Civic Stage 3 and involved
a 41,050m2 expansion to the existing shopping centre, comprising 35,850m2 of additional retail
floor space and 5,200m2 of commercial office space. The development’s location occupied most
of NBC Precinct E1 but extended further to the east toward Walter Hay Drive and occupied most
of Precinct E6. Some key differences of that proposal to the current application included the
provision of a department store, new retail stores spanning the Covenant J environmental area
and failure to provide the ring road sought by the NBC Master Plan, with vehicular circulation
through the site provided through basement carparks. Layout plans of the Stockwell development
are shown in Figures 16 & 17 below.
Figure 16 – Layout Plan of Stockwell Development
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Figure 17 – Stockwell Development Retail Layout
Sunshine Coast Council refused the application at its Ordinary Meeting of 4 June 2009 for the
following reasons:
1. The proposed development is contrary to the overall and specific outcomes of the Noosaville
Locality Code of The Noosa Plan. The proposal does not deliver the range of uses and
design outcomes planned for the Noosa Business Centre for a business centre with a
dynamic mix of development and for buildings to be set in a parklike setting, with an active
street address and outdoor focus.
2. The proposed development is contrary to the overall and specific outcomes of the Transport
Roads and Drainage Code to protect the function and safety of the area's major road network.
The proposed development is likely to significantly impact on the major road network,
including excessive congestion and queuing.
3. The proposed development reduces the capacity of the Noosa Business Centre to
accommodate non-retail development, including civic uses, an inter-regional transit facility
and commercial office space, to provide non-retail and new employment opportunities in the
future, to the detriment of the Noosa community.
4. The proposal is for a form and scale of retail development which is inconsistent with the intent
for the site and which formed the basis of the site's master planning by Council, and is
inconsistent with the form of retail development which is the current retail character of Noosa.
Further, the likely impact on existing centres is considered unsupportable.
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5. The proposal represents a scale of development, which well exceeds the needs of the
community and, at a minimum, is excessively premature.
6. The application relies on inadequate or irrelevant planning grounds to justify its departure
from the provisions of The Noosa Plan.
The decision was appealed by the applicant (Planning & Environment Court appeal ref. 182/09)
and a number of parties elected to become co-respondents to the appeal defence. The case
proceeded to trial but the appellant subsequently discontinued the appeal in May 2011. Stockwell
sold the site to QIC early in 2012.
Sunshine Coast Council undertook a review of the Noosa Business Centre planning provisions in
2008 and 2009. The Review recommended a number of minor changes to the NBC provisions but
these have generally not been adopted by the new Noosa Council. Review of the Centre was also
undertaken by the Sunshine Coast Council at the time of the draft Sunshine Coast Regional
Planning scheme, with only minor land use amendments drafted. The Noosa portion was removed
from the final version of that planning scheme following de-amalgamation.
Noosa Council has progressed planning scheme revisions (currently on public notification in
September 2015) but these include only very minor amendments to NBC provisions.
Various recent development approvals have been issued on adjacent land to the west of the site
within the NBC. The table below provides summary details, with the location of these shown in
Figure 18.
Map Approval Applicant / Business Name Approval Details
Reference Reference
(Refer Figure X)
1 P&E Court Hydrox Nominees Masters Home Improvement Centre
Order 13/1505 and Retail Showroom
2 MCU13/0098 Markris Foods Industrial Business Type 2 (Food
Distribution)
3 MCU14/0067 Storage First Industrial Business Type 1 (Self
Storage)
4 MCU15/0016 IM and LM Kippen Tte Industrial Business Type 2 and
Ancillary Dwelling Unit
5 MCU11/0254 Canto Holding Pty Ltd Multiple Housing (30 Units)
6 132007.1841 Noosa Metro Innovation Industrial Business Type 1 –
- Powerclean Industries Warehouse, Industrial Business Type 2
-Consolidated Linen Service – Production, Alteration, Repackaging
- Rapid Clean and Repairing and Education Type 3
Adult.
7 MCU14/0077 Tradelink Plumbing Industrial Business Type 1 –
Warehouse and Retail Type 4 –
Showroom
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Figure 18 – Further NBC Approvals
2.4. Pre-lodgement Discussions
A brief informal pre-lodgement discussion was held with the applicant’s town planning consultants
on 23 October 2014, with finalised proposal plans tabled and discussed but not provided for
Council’s review.
A formal pre-lodgement meeting was held with the applicant’s key consultants and design team on
28 November 2014. The applicant indicated fully developed design documents and supporting
specialist reports had been completed and a development application would be lodged soon after.
As such, a completed design was presented to Council officers and the meeting did not provide
scope for discussion of site constraints, supportable land uses, design development and the like.
The discussions therefore focussed on application material considered important to support the
application including revised master planning, mix of uses, vegetation clearing offsets, traffic
implications and carparking demand.
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3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policy
The State Planning Policy July 2014 identifies issues of State significance that must be considered
in the assessment of new development. The proposal triggers assessment against the Policy’s
Interim Development Assessment Guidelines regarding biodiversity, coastal environment, water
quality, natural hazards and public transport. The development is broadly able to meet the State
provisions but does raise some issues and consideration with regard to biodiversity and public
transport, which are discussed in further detail in Section 3.3.1 of this report.
South East Queensland Regional Plan 2009 - 2031
The site is located within the Urban Footprint area of the South East Queensland Regional Plan
(SEQRP) and is identified as a Major Regional Activity Centre (MRAC) within the Plan’s
commercial centre hierarchy for the Sunshine Coast, with Maroochy identified as the Principal
Regional Activity Centre (PRAC).
The stated purpose of the Regional Plan is to manage growth and change in the most sustainable
way to protect and enhance quality of life in the region. Its strategic and policy provisions are
relevant to the application, given the NBC’s regional planning status and the development’s
departure from the planning scheme intent for the site.
The SEQRP’s includes a sub-regional narrative for the Sunshine Coast. The Plan’s narratives are
stated to:
… have the status of policies under the SEQ Regional Plan. They:
provide more detailed information about the pattern of expected growth in each local
government area, which will be necessary to achieve the regional plan’s outcomes
address the planning and delivery of land for employment growth across the region
identify the key infrastructure priorities that will support expected growth
set out and explain the appropriate approach to development for each local government area
in the region.
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In regard to “Economy and Employment” the Sunshine Coast narrative includes:
Emphasis is required on the Sunshine Coast towards promoting further employment growth and
diversification to avoid a jobs shortfall by 2031. Development Areas will provide high levels of self-
containment and employment diversity to assist in achieving employment growth.
The Sunshine Coast seeks a diversified, viable, interdependent and self-sufficient urban and rural
economic base that maximises local job creation and employment options, and builds economic
strength and resilience. Innovation, knowledge-based and creative industries, research and
development, health, tourism and sport are all essential to the Sunshine Coast’s economic
development.
Retail and commercial employment dominates in the regional activity centres of Maroochydore,
Noosa, Nambour, Kawana Waters, Caloundra and Sippy Downs. To create more employment
opportunities, as well as accommodating further residential growth, centres on the Sunshine Coast
will provide for a mix of land uses in a compact form with easy access to public transport.
…
Service areas in and around Caloundra, Maroochydore, Kawana, Nambour and Noosa will
continue to provide local economic and employment opportunities to encourage self-containment.
The sub-region has a number of employment and enterprise areas, including industrial precincts
at Nambour, Yandina, Kunda Park, Forest Glen, Noosa, Cooroy and Beerwah. Service industry
areas are located around Caloundra, Maroochydore, Kawana, Nambour and Noosa.
…
The expansion of science and technology opportunities at the Noosa Business Centre Technology
and Industrial Hub will also facilitate employment growth and diversity.
The Sunshine Coast economic and employment narrative, and its references to the Noosa
Business Centre, broadly reflect and support The Noosa Plan’s desire to develop the Centre’s
balance lands for non-retail business and employment opportunities. The application does not
provide detailed comment or assessment about whether the development aligns with the SEQRP
but does repeatedly state there is very limited identified need or demand for diversified commercial
businesses floor space on the balance lands within the centre. This level of need is discussed
further in Section 3.4 of this report. Notwithstanding the applicant’s position on the level of need,
the proposed retail expansion is considered to conflict with the SEQRP’s aim to provide diversified
business opportunities at the NBC to broaden Noosa’s economy and provide new employment
generators. It is also notable that the scale
The SEQRP, Part D – Regional Policies includes Desired Regional Outcomes sought for the region
and identifies principles, programs and actions to achieve the outcomes. The location of the
proposed shopping centre expansion within an identified MRAC means the development is broadly
consistent with most of the Desired Regional Outcomes, which address urban form, environmental,
natural resources, transport and cultural heritage matters. However, the development raises
significant conflicts with the Outcomes relating to employment location and infrastructure, as
detailed below.
Desired Regional Outcome 9 – Employment Location seeks to:
Plan for employment to support a strong, resilient and diversified economy that grows
prosperity in the region by using its competitive advantages to deliver exports, investment
and sustainable and accessible jobs.
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The SEQRP’s identified principals, policies and programs to achieve this outcome strongly align
with the local planning intent under The Noosa Plan to establish the NBC as a diversified business
centre creating new enterprise and employment opportunities. They include:
9.1 – Balanced & Diversified Economy
Principle:
Develop a diversified regional economy within each subregion that retains local jobs and builds on
regional and sub-regional competitive advantages and specialisations.
Policies:
9.1.1 Support expansion of the services sector and growth of specialised technology-based
manufacturing with supportive locations and infrastructure.
9.1.2 Target development of high value-added and knowledge-based industries, and facilitate
private sector investment in the region’s economy.
9.1.3 Plan for balanced employment growth within each sub-region that builds on competitive
advantage, including securing and protecting appropriate locations for future employment
and enterprise expansion.
Notes:
… The plan advocates that job creation and employment diversification opportunities are
maximised in all new major urban development areas and regional activity centres, including town
centres, major industrial areas, ports and knowledge centres.
…
To drive the future services sector and specialised, technology-based manufacturing growth, the
SEQ region must:
- provide business settings that accelerate innovation and creativity, and adopt appropriate
technologies by traditional and new economy industries
- provide highly effective and efficient transport infrastructure, and make the best use of high-
frequency public transport, active transport networks and freight routes
- provide world-class, low-cost, high-speed
- telecommunications infrastructure
- support the clustering of public and private research institutes, businesses that use the latest
technology, and advanced business and support services.
…
9.2 – Innovation & Technology
Principle:
Plan for existing and emerging clusters of science and technology, and health, education and
training, and protect them from incompatible development.
Policies:
9.2.1 Secure locations with significant investment in science and technology, and health,
education and training infrastructure, and allow for future expansion of these activities
together with complementary businesses and services.
9.2.2 Protect science and technology, and health, education and training clusters as identified in
the SEQ Regional Plan Economic Development Opportunities Profiles from incompatible
development when making a decision on a planning scheme amendment or development
application.
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Notes:
… The continuing growth of Queensland’s international reputation for research and development,
and economic specialisations, is crucial to the region’s future competitive advantage.
To retain and grow the region’s global business competitiveness and create region-wide
employment outcomes, locations with the best opportunities to commercialise applied research
and knowledge-intensive industry clusters must be secured. These must also be linked into a
network of appropriately located business enterprise areas.
These specialised science, innovation and technology activities must be able to expand at these
locations, with complementary co-locating businesses and services, to create new hubs of
knowledge economy activity. This is essential to achieve efficient business, commercialise applied
research, stimulate creativity, and to accelerate innovation and the early adoption of appropriate
technologies.
Strategically located land for existing and future innovation, science and technology hubs should
be protected for the long-term from inappropriate use and the encroachment of incompatible land
uses. Any proposal that could erode the future use of such land for industry and business purposes
should be reviewed against the long-term business and employment needs for the land.
New and emerging business clusters are characterised by their strong relationships with education,
research and development, skills development and the community. …
It is recognised that health, education and training institutes could provide the stimulus and focus
for future ‘new economy’ business clusters. Toward Q2: Tomorrow’s Queensland recognises that
research and development, innovation and skills programs improve competitiveness and
productivity. Toward Q2: Tomorrow’s Queensland sets a target to increase by 50 per cent the
proportion of Queensland businesses undertaking research and development or innovation by
2020.
SEQ competes directly with other Australian regions, as well as major North American, European
and Asian cities. The SEQ region therefore needs to provide lifestyle and residential choices, as
well as attractive working environments that appeal to new business founders, researchers and
people with scarce creative, technical, technological and trade skills who want to live and work
where they choose. …
9.3 - Enterprise Opportunities
Principle:
Provide sufficient land for business and industry to enable diversified, broad-based, future
economic and employment growth across the region.
Policies:
9.3.1 Secure strategically located land and facilitate planning for future business and industry
uses to meet current and future needs of business and industry requirements, including
long-term provision beyond the timeframe of the SEQ Regional Plan.
9.3.2 Protect sites and areas suitable for enterprise location from incompatible development, as
identified in the SEQ Regional Plan Economic Development Opportunities Profiles, when
making a decision on a planning scheme amendment or development application.
9.3.3 Protect and ensure the long-term security of transport terminals (including ports), other
utilities and special uses.
9.3.4 Encourage the relocation of large-scale industrial, warehousing, transport and storage
businesses from inner suburbs to release these sites for higher and better use.
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Notes:
Providing a broad range of economic and employment opportunities in each part of the region will
reduce long distance commuting and employment difficulties, and help grow local business.
…
Additional lands will be required to ensure greater subregional self-containment of industry and
business growth. An increasingly pressing need exists to provide sites for regional logistics
operations that will support the rapidly growing population and emerging industries on the Sunshine
Coast.
Scarce land for business and industry at strategic locations must not be squandered on land uses
and activities that may have many other locational options. Strategically located land for existing
and future business and industry use should be protected for the long-term from inappropriate use
and the encroachment of incompatible land uses. Any proposal that could erode the future use of
such land for industry and business purposes should be reviewed against the long-term business
and employment needs for the land.
…
The proposed retail expansion raises significant conflicts with the SEQRP’s principles, policies and
commentary relating to the employment and economic diversification and growth sought for the
NBC and the region. The Noosa Plan’s existing planning provisions for the NBC align with the
regional intent to set aside the site for non-retail uses and long-term business opportunities. There
is little doubt the aspirations of both the State and Local Government planning instruments present
a challenging scenario for the site’s development, with new economic opportunities difficult to
attract and grow. However, the proposed retail expansion will do very little to advance the planning
intent and sterilises land intended to be set aside for non-retail diversification. The SEQRP
repeatedly states land must be set aside for long-term economic purposes and should not be
squandered.
The applicant does not acknowledge a conflict with Desired Regional Outcome 9 of the SEQRP
and states the development is consistent with the Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
SEQ Koala Conservation State Planning Regulatory Provisions
Assessment against each is provided below.
SEQ Regional Plan Regulatory Provisions
Division 4 Assessment Criteria for Development Applications requires:
The assessment manager for a development application involving a material change of use
involving an extension of more than 10 000 m² of retail floor space must assess the application
against the following assessment criteria:
The development must have regard to the provision of sufficient land with street frontage for non‐
retail business premises.
The applicant submits that, while this outcome is not met by the shopping centre expansion, it is
achieved overall across the site, with future development precincts providing further non-retail
premises.
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SEQ Koala Conservation State Planning Regulatory Provisions
The site is within a Koala Assessable Development Area mapped under the SEQ Koala
Conservation SPRP and is subject to the assessment provisions of Table 7. An assessment
against the SPRP Table 7 is provided below.
Table 7, Column 2 - Assessment Criteria Assessment
1. To the extent the premises is outside the Not Applicable.
Urban Footprint and not in an urban area
The development is inside the urban footprint
under a planning scheme, site design
and in an identified urban area under The Noosa
does not result in the clearing of non-
Plan.
juvenile koala habitat trees in areas of
bushland habitat.
2. To the extent the premises is inside the Can Comply.
Urban Footprint, site design must avoid
The development will involve the clearing of
clearing non-juvenile koala habitat trees
approximately 7.2ha of mapped Koala Bushland
in areas of bushland habitat, with any
Habitat to facilitate the proposed footprint. The
unavoidable clearing minimised and
Noosa Civic Master Plan anticipates clearing
offset in accordance with the Offsets for
within the proposed development site. The
Net Gain of Koala Habitat in South East
development proposes the clearing is offset in
Queensland Policy at a ratio of five new
accordance with the Koala SPRP.
koala habitat trees for every one non-
juvenile koala habitat tree removed or an
equivalent cash contribution.
3. Site design must avoid clearing non- Can Comply.
juvenile koala habitat trees in areas of
The development will involve the clearing of
high value rehabilitation habitat, and
some mapped Koala Rehabilitation Habitat. The
medium value rehabilitation habitat, with
Noosa Business Centre Master Plan anticipates
any unavoidable clearing minimised and
clearing within the proposed development site.
offset in accordance with the Offsets for
The development proposes the clearing is
Net Gain of Koala Habitat in South East
financially offset in accordance with the Koala
Queensland Policy at a ratio of five new
SPRP.
koala habitat trees for every one non-
juvenile koala habitat tree removed or an
equivalent cash contribution.
4. Site design provides safe koala Generally complies.
movement opportunities as appropriate
Koala movement opportunities are limited in the
to the development type and habitat
east-west direction across the site due to the
connectivity values of the site
shopping centre expansion but are maintained in
determined by reference to the factors
the north-south direction. Landscaping
for consideration in Schedule 2.
provision and vegetation retention aspects can
be conditioned to comply.
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Table 7, Column 2 - Assessment Criteria Assessment
5. During construction phases: Can be conditioned to comply
a. measures are taken in construction
practices to not increase the risk of
death or injury to koalas; and
b. native vegetation that is cleared and
in an area intended to be retained for
safe koala movement opportunities is
progressively restored and rehabilitated.
6. Native vegetation clearing is undertaken Can be conditioned to comply
as sequential clearing and under the
guidance of a koala spotter where the
native vegetation is a non-juvenile koala
habitat tree.
7. Landscaping activities provide food, Can be conditioned to comply
shelter and movement opportunities for
koalas consistent with the site design.
The development generally complies, or can be conditioned to comply, with the SEQ Koala
Conservation State Planning Regulatory Provisions, with the applicant indicating it intends to opt
for payment of a cash contribution to offset clearing of non-juvenile koala habitat trees. It is
important to note the applicant is able to choose the type of offset it undertakes and Council cannot
direct it. Further detail of the vegetation clearing assessment is included in Section 3.3.1 of this
report.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and is in the Shire Business Centre Zone. The
zone is further broken down into precincts, with the development predominantly proposed within
Precinct E1 (4.0ha), as shown in the Business Centre Map below.
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Figure 19 – Noosa Business Centre Map (NBC MP)
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As indicated in Figure 20 below, the development is predominantly located within Precinct E1 but
also extends into precincts E6, E7, B2 and OS7. The effect of the development, if approved, would
be to realign the precinct boundaries and internal road layout, with future development in precincts
E6 and E7 limited to the balance areas. Figure 21 indicates the approximate new Precinct E1
boundary that would contain the shopping centre expansion, which is approximately 5.91ha in size
(with the existing precinct size being 4.0ha).
Figure 20 – Indicative Development Footprint With Respect to NBC Precincts
Figure 21 – Indicative Amended Precinct E1 Size (5.91ha)
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Locality Provisions
The proposal includes uses identified as both consistent and inconsistent with the zone and is
required to follow an impact assessable application process. The development is predominantly
located within Precinct E1 but does extend into Precincts E7, OS7 and B1.
To clarify, the Noosaville Locality Code identifies the following uses as consistent uses in Precinct
E1 – Technology Based R&D Business Offices & Civic:
Commercial Business – Type 1 Office
Commercial Business – Type 2 Medical
Commercial Business – Type 3 Veterinary
Retail Business – Type 6 Hardware Store
Education – Type 3 Adult
Education – Type 4 Information
Wellbeing – Type 2 Social
The table below lists the proposed uses included in the shopping centre expansion component of
the application and whether they are identified as consistent uses in Precinct E1, being the most
relevant precinct.
Proposed Uses in Shopping Centre Expansion Consistent Use in Precinct E1?
Commercial Business - Type 1 Office
Commercial Business - Type 2 Medical
Commercial Business - Type 3 Veterinary
Entertainment & Dining Business - Type 1 Food & beverages X
Entertainment & Dining Business - Type 2 Recreation, X
amusement & fitness
Entertainment & Dining Business - Type 3 Bar X
Education - Type 1 Childcare X
Education - Type 3 Adult
Education - Type 4 Information
Open Space - Type 1 Sport & recreation X
Retail Business - Type 2 Shop & Salon X
Retail Business - Type 4 Showroom X
Retail Business - Type 7 Garden & Lifestyle Centre X
Wellbeing - Type 2 Social
Service & Utility - Type 2 Installation X
Undefined Use - Temporary Markets X
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The proposed reconfigured portion of the existing shopping centre occurs within Precinct B1 –
Retail Centre and Business of the NBC. No inconsistent uses are involved in this aspect of the
development. It is important to note however, the Code sets a retail limit of 18,300m 2 for precinct
B1, which is already exceeded by the existing shopping centre. As such the shopping centre floor
space provisions for the NBC are already exhausted.
Overall Outcomes
The Overall Outcomes of the Noosaville Locality Code state:
11.8.2 The overall outcomes sought for the Noosaville Locality are the following—
a) New uses and works are located, designed and managed to—
i be compatible with other uses and works;
ii maintain the safety of people and works;
iii avoid significant adverse impacts on the amenity enjoyed by users of other premises,
including acoustic and visual qualities; and
iv avoid significant adverse effects on the natural environment, including native habitat
removal, fragmentation and attrition;
b) Development is consistent with the Priority Infrastructure Plan in Part 15.
…
i) Significant retail and commercial uses provide residents and visitors with a range of low to
high order goods and services;
j) Business centres are significant employment nodes and are serviced by public transport;
…
l) Areas of native remnant or regrowth vegetation, including their biodiversity and habitat values
are protected and retained in their natural state;
…
w) For the Shire Business Centre Zone—the Shire Business Centre—
i is a Major Activity Centre for the purposes of the SEQ Regional Plan, and the principle
business centre for Noosa, servicing Noosa-wide business and employment needs by
providing for a range of Business Uses as well as administrative, community, and open
space functions;
ii is a multi-function employment node forming the major focus of employment growth in the
coastal area of Noosa;
iii follows a logical sequencing of development consistent with the needs of the community
that is dependent on the—
A) timing and construction of the external and internal road systems, including Walter
Hay Drive;
B) dedication of a substantial area of open space; and
C) development of a substantive amount of non-retailing development for employment
opportunities beyond Retail business;
iv is developed at a low scale and density with distinctive and unique design elements,
determined by the setting and recognisable as a Noosa development;
v comprises buildings of low rise form separated by attractive and low key informal spaces
that are integrated with landscaping and open space areas;
vi has an outdoor focus, particularly for Retail business uses, office uses and Community
Uses;
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vii provides for an inter-regional transit facility that functions as an integrated public transport
node, with pedestrian and bicycle paths and appropriate external connections;
viii provides visual and physical connectivity across and throughout the site;
ix is designed to ensure that peak traffic flows and access to the Shire Business Centre do
not impact on the wider functions of Eenie Creek Road and Walter Hay Drive;
x retains development capacity within the Shire Business Centre in the longer term to take
advantage of potential new employment opportunities;
xi is developed into precincts, as depicted on Schedule 4 - Shire Business Centre Map,
which include a dynamic mix of development with an appropriate integration of uses within
each, including—
A) Business Precincts (B1-B2), which provide for the highest order of retail development
in Noosa and comprises the retail core of the Shire Business Centre site, with
associated car parking generally located with Precinct B2;
B) ….Precinct B3, which provides for showroom and office development;
C) Employment Precincts (E1-E7) for future employment growth, which include 3
precincts (E1, E2, E3) with preferred themes to allow these precincts to take
advantage of new employment opportunities;
D) a civic area located within Precinct E1, which provides for a range of civic uses and
functions;
E) an inter-regional transit facility in Precinct E6;
The proposed shopping centre expansion aligns, or partially aligns, with some of the above Overall
Outcomes but raises fundamental conflicts with others, in particular:
11.8.2 (b) & (w)ix – The retail development significantly exceeds the intensity of
development planned and anticipated for the site. The resultant
traffic generation requires road augmentations and upgrades that
are not part of Noosa’s Priority Infrastructure Plan and therefore raise
a number of critical issues, as detailed in Section 3.3.1 of this report.
11.8.2(w)i, ii, iii(C), x, & xi – The shopping centre expansion sterilises land intended to be set aside
for future non-retail business growth and diversification, with existing
and approved retail development within the NBC already exceeding
that anticipated by the plan.
These are significant conflicts with the outcomes sought for Noosaville. Further detail of the traffic
and economic issues are discussed in greater detail later in this report.
Built Form
The locality code includes built form requirements for new development. The applicant provided
figures relating to portions of the development within the various precincts and excluding road
reserve areas on the NBCMP but this provides little utility for assessing built form, due to the
multiple partial precinct incursions. A more suitable approach is to apply the development
parameters for Precinct E1 extrapolated to reflect the amended size for Precinct E1 that would
contain the shopping centre expansion footprint, as indicated in Figure 21 as 5.91ha.
The table below summarises the development’s level of compliance with the extrapolated built form
provisions for Precinct E1. The reconfigured area of the existing centre and pedestrian connection
across Covenant J is excluded for the purpose of this table.
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Criteria Planning Scheme Proposal Complies
?
Site Area - Effective Precinct E1= 5.91ha N/A
Population density Nil Persons max. Nil N/A
(no residential proposed)
Gross floor area or 35,460m² max. 31,125m²
(Based on Effective Precinct E1) (within Effective Precinct E1)
0.6:1 max. 0.52:1
Plot ratio
Site cover 50% max 59% X
(Within Effective Precinct E1)
(Excludes Carpark Shade Sails)
Landscaped open space 5,910m² min (Based on >5,910m²
Effective Precinct E1)
min 60% of total >60% total
Soft landscaping
Landscaping Setbacks Complies
Building height
storeys 2 storeys max 2 storeys
metres 12 metres 10.5 metres
(within Effective Precinct E1)
12.5 metres
(where the building crosses X
drainage line through Precinct OS7)
Carparking 1,525 spaces min 1,000 spaces X
(Based on new GLA
22,870m2 / 1 space per 15m2)
Adopting the approach of applying the built form parameters that would apply to the enlarged
effective Precinct E1 to encompass the expanded shopping centre indicates the development’s
primary built form conflict is its site cover - estimated at approximately 59%. The applicant submits
the development is of a scale and intensity consistent with the role and function of the NBC and
the existing Noosa Civic. While the development intensity may be similar to the existing shopping
centre, the footprint does exceed that provided for commercial development on the NBC balance
lands and is considered a conflict for which sufficient overriding grounds must exist for the
development to be supported.
The proposal also seeks a significant relaxation of carparking provision, as discussed further in
Section 3.3.1 of this report.
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Land Use, Works and Overlay Code Provisions
The following further codes which regulate land use and design are most applicable to this
application:
Business Uses Code
Community Uses Code
Infrastructure Uses Code
Advertising Devices Code
Engineering Works Codes
Landscaping Code
Watercourses Works Code
Biodiversity Overlay Code
Natural Hazards Overlay Code
Generally speaking, the development complies or can comply with most provisions of these codes;
however, some significant issues arise. The primary assessment issues for the development are
discussed below.
3.3.1. Primary Planning Scheme Assessment Issues
Traffic
The submitted Traffic Impact Assessment prepared by Cardno concludes:
Detailed traffic analysis has been undertaken to assess the impact of the proposed expansion on
the surrounding road network. Of the 16 intersections assessed, the results indicate that only two
of the analysed intersections would require upgrades within the 10 year design horizon, being
Eumundi-Noosa Road/Beckmans Road and Eumundi-Noosa Road/Eenie Creek Road/Eumundi
Road.
With regards Eumundi-Noosa Road/Beckmans Road, Noosa Council’s PIP proposes the Tewantin
Bypass, including reconstruction of the roundabout. This upgrade will accommodate the
development traffic, therefore the development’s responsibility will be met by the development
infrastructure contributions.
The need to upgrade Eumundi-Noosa Road/Eenie Creek Road/Eumundi Road is brought about
by background traffic, even if the development were not to go ahead. Therefore, the applicant
should make a contribution to the upgrade rather than be responsible for the entirety of it. The
analysis indicates that a roundabout would not provide adequate capacity, therefore any
upgrading, irrespective of development traffic, will require a signalised intersection. Current policies
within the Noosa Plan indicate that intersections should not be controlled by traffic signals. Despite
such a policy, it is apparent from the analysis that traffic signals are a necessary treatment at this
intersection in the future irrespective of the proposed development.
The location of the external intersections assessed by Cardno for upgrades is shown as locations
1 & 4 in Figure 22 below.
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Figure 22 – External Intersections Assessed by Applicant
In regard to Intersection 1 at Eumundi-Noosa Road/Beckmans Road, the applicant states:
It is apparent … the intersection is forecasted to breach its capacity at 2024, which is within the
timeframe of Council’s proposed reconstruction of the roundabout. Therefore additional upgrades
to the intersection would not be necessary so long as these scheduled works (reconstruction of
roundabout) maintain the capacity for the development scenario at the 2028 design horizon.
In regard to Intersection 4 at Eumundi-Noosa Road/Eenie Creek Road/Eumundi Road, the
applicant finds:
[Traffic Modelling] results indicate that the existing intersection has adequate capacity for the
background scenario at the 2018 design horizon. For the development scenario at the 2018 design
horizon the intersection would fail to operate acceptably during the Saturday AM design period with
the new development traffic volumes introduced in 2018.
Irrespective of the development traffic, the intersection does not have adequate capacity for the
background scenario at the 2028 design horizon as it breaches the [design] threshold of 0.85 for
roundabouts. Capacity failure of the existing roundabout would occur at approximately 2022
irrespective of the development traffic.
To obtain an acceptable level of operation at the 2028 design horizon without the development, an
upgrade of the roundabout is required. The analysis indicates that a roundabout would not provide
adequate capacity therefore any upgrading, irrespective of development traffic, will require a
signalised intersection. Current policies within the Noosa Plan (extracted from Table 3.3.1 –
Desired Standard of Service – Transport – Roads of the Priority Infrastructure Plan – Part 3)
indicate that intersections should not be controlled by traffic signals. In particular, outcome O92
states that “intersections, both internal and external to the Noosa Business Centre site, are
designed to operate without the need for traffic light”. Despite such a policy, it is apparent from the
analysis that traffic signals are a necessary treatment at this intersection in the future, irrespective
of the proposed development. It is also noted that despite such a policy, the Noosa Council has
considered it necessary to install traffic signals at other locations, including intersections previously
controlled by a roundabout.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
Council engaged traffic engineer, Colin Beard, to undertake a peer review of the traffic assessment
and his findings on the development’s traffic implications differ markedly from Cardno’s. Mr Beard
notes his primary concerns with the increase in traffic generation above the planned development
for the NBC were raised both in the pre-lodgement meeting with the applicant and in Council’s
Further Information Request. Mr Beard foremost concern stated in the pre-lodgement meeting
was:
[Historic traffic planning] for the Shire Business Centre was based on the premise that development
would include a wide range of business uses which were intended to benefit from being within
walking distance of other business activities. The range of uses was expected to include education,
medical, professional and commercial offices, innovative clean industries, as well as restaurants
and some retail. These uses were expected to generate a lot of internal and shared trip making,
with relatively low external trip generations. The proposed development is the antithesis of what
was planned. This development proposal is likely to cause significant traffic problems on a critical
part of the local road network that was not planned to accommodate the proposed uses.
Mr Beard’s assessment finds:
I have completed only a review of Thursday PM peak hour traffic impacts, which have been shown
to be unacceptable. My analyses were based on the traffic count date submitted by the applicant,
but the results were significantly different. … it is expected that analyses of Saturday midday traffic
operations will reveal similar results, but it has not been seen as necessary ... when the
development proposal has already been shown to be unacceptable based on the Thursday
analyses.
My analyses were based on higher design traffic generations than those assumed by the applicant.
This was largely because of the physical design and components of the proposed retail expansion.
In my opinion, to a significantly greater extent than normally occurs, this proposed expansion will
be a duplication of the existing centre rather than a conventional expansion.
Normally, a retail centre being expanded from 18,600m2 to 41,500m2 would involve a significant
shift to “higher order” retailing. Traffic engineers typically assume that most of the additional retail
expenditure is achieved through shoppers staying at the expanded centre for longer, rather than
through more people visiting. Because of its essentially linear design, separated by the creek, and
with the supermarkets at opposite ends of the centre, and because the major tenancies will
essentially duplicate existing facilities, it has been assumed that a higher-than-normal proportion
of the increased retail expenditure will come from more people visiting rather than staying longer.
Further, the applicant has chosen to treat, for traffic design purposes, the existing development on
the NBC site as if it was all part of a single homogeneous shopping centre. Of course, it is not,
with significant retail showroom and commercial office components which need to be separately
assessed.
Mr Beard’s summary of estimated traffic generation figures are included as Attachment 3,
indicating Cardno’s variance in approach and highlighting the following key differences:
Cardno have not made allowance for unrelated commercial office development within the
business centre between 2014 and 2026; and
Cardno assume the expansion represents a change from a small to a large centre with
different primary components, whereas Beard has assessed the expansion to some extent,
based on composition and design, as a duplication of the existing centre.
Council has also been undertaking a separate Shire-wide study of its road network, intended to
inform decisions on likely future infrastructure needs. The study is being undertaken by Holland
Traffic Consulting and is well advanced, with substantial traffic modelling completed for Noosa’s
road network. Mr Beard was asked to liaise with Holland to verify assessment of the development’s
likely traffic impacts. His preliminary findings based on development consistent with the planning
scheme and without the proposed shopping centre are:
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Section 98
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
Future background traffic growth is likely to be low (less than 1.0 percent per annum) based
on current population and other growth forecasts, including slow development of the [NBC]
For the purposes of my analyses, with a 2026 planning horizon, I have assumed that new
development in the NBC to 2026 would be limited to the already-approved Masters
development and an additional 8,000 sq.m. of commercial office space;
Traffic volumes likely on the coastal major road network, particularly in the area of the NBC,
can function satisfactorily until well beyond 2026, as a roundabout based system with only
minor upgradings; and
The upgradings considered necessary in the immediate vicinity of the NBC could be limited
to upgrading the roundabout at the intersection of Eumundi and Beckmans Road as part of
the duplication of Beckmans Road, an additional short left turn lane on the northern approach
to the roundabout at the intersection of Eumundi and Eenie Creek Road, an additional short
lane on the northern approach to the roundabout at the intersection of Walter Hay Drive and
Eenie Creek Road, and lane allocation changes (lane-marking) at this intersection.
Mr Beard’s assessment finds the shopping centre expansion introduces significant traffic impacts,
he advises:
Additional traffic loads imposed by the proposed retail expansion at the NBC would have a
substantial adverse impact on traffic operations and traffic safety on the road network around the
NBC, particularly the critical Eumundi Road intersections with Beckmans Road, Rene Street and
Eenie Creek Road.
These additional traffic loads could not be accommodated on the upgraded roundabout-based
system. Only the major roadworks associated with the signalisation of the Rene Street and Eenie
Creek road intersections could accommodate these additional loads, at very substantial unplanned
cost. It is likely that more detailed traffic analyses would conclude that, to achieve satisfactory
queue management on this local road network, additional signalisations would also be necessary,
contrary to Council’s long standing policy of seeking to avoid major signalised intersections in this
network.
Discussions with Mr Beard suggest road upgrades required to accommodate the development
could potentially be as substantial as the full signalisation and widening of Eumundi Noosa Road
between Beckmans Road and Goodchap Street. Further detailed analysis would be required to
quantify the extent of required works, however, Mr Beard is firmly of the opinion the extent of
intersection upgrade works identified by the applicant are severely insufficient. His assessment
concludes:
The development as proposed would have unacceptable impacts on traffic safety and traffic
operations on the road network around the Noosa Business Centre. In particular, it would
necessitate the expensive and disruptive introduction of traffic signals at two or more critical
intersections within the network which, without the subject development, can operate satisfactorily
until well beyond 2026 with only minor upgrades to the existing roundabout-based system, the
retention of which is understood to remain one of Council’s clearly-defined road network planning
objectives.
Noosa’s low-key road network based on roundabouts and the avoidance of traffic lights, and the
like, has been a specifically adopted, long-held approach seen as a key part of protecting the area’s
character. The development’s potential traffic implications raise fundamental conflicts with the
Noosa’s road network planning.
Parking
The Driveways and Carparking Code indicates an indicative retail parking rate of 1 space per 15m2,
though this also applies to smaller retail centres. Larger shopping centres are known to generate
lesser general parking demand, as they generate multiple purpose customer trips reflective of their
scale and mix of uses. The applicant proposes additional parking at a rate of 1 space per 22.9m2,
representing a significant relaxation of The Noosa Plan’s suggested rate.
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Section 99
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
Colin Beard’s peer review indicates that, while some relaxation of the rate is justified, the applicant
has not adequately demonstrated the proposed parking provision will be sufficient. He finds:
The development as proposed would not provide sufficient on-site parking to accommodate design
peak parking demands reasonably expected to be generated, so that the proposed development
would have adverse impact on the convenience of use of the entire Noosa Business Centre.
Public Transport
Mr Beard sought further assessment of the existing and future need for bus interchange facilities
for the NBC, but the applicant responded:
The location of the existing interchange is considered appropriate to service the existing centre
and the proposed development.
In Mr Beard’s opinion this matter remains unresolved and he advises:
I am not convinced that the northern portion of E6 is the right location for the bus interchange. At
the time the NBC master plan was being developed, the inter-regional bus interchange now at the
Junction was proposed on this site at the NBC. Without the inter-regional function, a location
immediately adjacent to Walter Hay Drive is less important. I think that, if the bus interchange (or
perhaps a series of discrete bus stops) is going to effectively serve the whole of the future NBC as
it is now planned, that is not the right location, and simply leaving the bus stops outside Noosa
Civic 1 is not really an ideal choice either.
In summary, the original bus interchange planning has been superseded by other works at the
Junction, and nothing specific has replaced it. More bus route planning effort is required before
this issue can be satisfactorily resolved.
Infrastructure Planning
The development site is subject to the Noosa Shire Business Centre Infrastructure Agreement
Clause 10.3.a. of which provides future stages of development with immunity from Council
infrastructure conditions and charges provided the intensity of development does not exceed
Master Plan 2 (now the current Master Plan provisions within The Noosa Plan). Clause 10.3.b. of
the Infrastructure Agreement enables additional work and payment of infrastructure
contributions/charges can apply should any future stages of development exceed the Master Plan
2 intensity.
As this application for retail use exceeds the intensity of Master Plan 2, it will be subject to
infrastructure charges in accordance with Council’s current Charges Resolution. The extent of any
infrastructure charge issued will relate to the difference in any approved quantity of retail use and
impervious area versus that envisaged by Master Plan 2 (per the infrastructure agreement).
Notably, Master Plan 2 forms the basis for the Planning Scheme and also the assumptions about
the type, scale, location or timing of future development contained in Council’s current Local
Government Infrastructure Plan “LGIP” (i.e. Priority Infrastructure Plan “PIP”).
As a consequence of the development being inconsistent with the LGIP development assumptions,
should infrastructure works that are not identified in the LGIP but are subsequently required to
maintain the safety and efficiency of the infrastructure network, such works would be conditioned
as a non-trunk infrastructure requirement as a responsibility of the development.
Whilst the legislation allows applications for “non-trunk” infrastructure to be converted to “trunk”
infrastructure in accordance with the criteria stipulated in Council’s charges resolution, a
conversion application for this development would not be supported as it is not consistent with the
development assumptions of the LGIP (Master Plan 2 and Planning Scheme). However, the
applicant may appeal to the court against a refusal of a conversion application.
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Section 100
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 15 SEPTEMBER 2015
The development raises significant infrastructure planning issues, stemming from:
Substantial external road upgrade works and signalisations are likely to be required, which
are not part of Noosa’s LGIP.
Preliminary advice from Council’s consulting traffic engineer indicates the quantum and cost
of the works may potentially be prohibitive to the development (i.e. well in excess of $10M),
should the cost borne by the developer.
Because the upgrades would occur on Noosa’s trunk network, the applicant will likely seek
their conversion to trunk infrastructure, with the costs then borne by Council.
The infrastructure and financial implications of the development broadly prohibit Council’s ability to
support the proposal.
Stormwater Quality & Quantity
The issue of Stormwater is divided into two parts, quality and quantity. The acceptable outcome is
a “non-worsening” in regard to the quality and quantity of stormwater released from the site due to
the development of the site. Council engaged hydrology consultants BMT WBM to undertake a
peer review of the Cardno Stormwater Management Plan, including associated MUSIC and
XPSTORM model files. In regard to stormwater quality and treatment, BMT WBM advised:
Overall the stormwater quality concept presented by Cardno (May, 2015) is generally appropriate
with bio-basins proposed in the car-parking areas and in the southern portion of the site. A key
issue; however, with the applied modelling and predicted treatment performance of the proposed
stormwater management strategy, is the inclusion of the ‘swale’ [Covenant J] treatment node,
which we do not believe is appropriate.
The drainage corridor is already currently providing a stormwater treatment function and should
therefore not be included in an assessment of the treatment performance for the (new) stormwater
management strategy.
We would anticipate that the [performance] targets could be achieved through the revision of the
proposed strategy (e.g. increased size of bioretention systems). The review did not identify any
other significant deficiencies in other aspects associated with the modelling or strategy.
BMTWBM indicate the Covenant J area is proposed to be used for detention and in events greater
than a 5 year ARI and blockage factors may cause backups of waters that impact existing
vegetation not suited to increased inundation. The issues with the proposed methods could be
addressed via the inclusion of reasonable conditions and resolved by the amended detailed
designs submitted at Operational Works stage.
Biodiversity
The submitted ecological assessment report suitably analyses the quality of habitat for the
purposes of this assessment. The development is located in areas of low ecological value over
other areas, to the greatest extent practicable. While the development involves clearing native
vegetation, the scale and extent is consistent with the master planning for the NBC, which commits
Precincts E1, E6, E7 and associated roads for development. The previous planning process for
the development of the Noosa Civic lands resulted in the dedication of parklands for environmental
purposes. These lands contain the high value ecological attributes when compared with the land
set aside for development.
The applicant has provided detail of the fauna assemblages expected to inhabit the proposed area
to be cleared. Two scheduled species were found, the Koala and the Wallum Froglet. No scheduled
species of plants were discovered. Suitable conditions can be applied to the management of
clearing operations, on-going use and management of residual land area, the impacts on
scheduled species can be mitigated and minimised.
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