2006-11-22 E&P - 06/1319 - Temporary Sales Office at 5 Morwong Drive, Noosa Heads · 132006.1319

<.	Morwong Drive (5), noosa Heads – material change of Use – commercial business, type 1 - office (Temporary sales office – 06/1319 (TA)
REPORT BY:	Planning Officer – Tracy Arthur
FILE:	2006/1319
APPLICANT:	Viridian Noosa Pty Ltd
OWNER:	Viridian Noosa Pty Ltd
SITE:	5 Morwong Drive, Noosa Heads described as Lot 113 on SP 188650 Parish of Weyba, County of March
EXISTING USE:	Vacant
AREA:	7.025 hectares
LOCALITY:	Noosa Heads
ZONE:	Attached Housing and Open Space Conservation
OVERLAYS:

Biodiversity:	Environmental Protection and Environmental Enhancement

Natural Hazards:	Medium Bushfire Hazard Area and Landslip Hazard Area
PROPOSED DEVELOPMENT:	Temporary Sales Office for Viridian Noosa Resort
DEVELOPMENT APPROVAL SOUGHT:
Development Permit	Preliminary Approval

Material Change of Use	X

Building Works

Reconfigure a Lot

REFERRAL AGENCIES:	Environmental Protection Agency – Contaminated Land
Department of Natural Resources, Mines & Water – Assessable Vegetation
RECEIVED:	21 June 2006
INFO REQUEST	Sent:	2 August 2006	Received:	15 August 2006
NOTIFIED:	28 August 2006 to 20 September 2006
SUBMISSIONS:	Seven (7) Properly Made Submissions
FEES PAID:	$2,775.00

( Submissions
INTRODUCTION
Site
The subject site is located at 5 Morwong Drive, Noosa Heads and described as Lot 113 on SP 188650 (formally Lot 6 on SP151408) Parish of Weyba, County of March.
The subject site comprises a total area of 7.025 hectares and is currently vacant.
The subject site is irregular in shape and slopes east down to the west where a gully is present.  In respect to the area of the site subject to the proposed development, vegetation exists within the covenant area which is located to the west of Alma Way whilst the area of the site east of Alma Way contains scattered remnant vegetation.
The boundaries of the subject site border the following land uses:-
North – Morwong Drive and Viridian Noosa Residences (Morwong Villas)
East – Noosa National Park and Viridian Noosa Residences (Morwong Villas);
South – residential allotments on Viewland Drive; and
West – Park, Attunga Heights, Halse Lodge.
The Sales Office is proposed to be located over, Easement H in Lot 106 on SP151408 and Covenant B in Lot 112 on SP151410.  Easement H provides for water and sewer services in addition to access to these services.
The Covenant and its Schedule outlines the intent of Covenant B for the preservation and maintenance of natural vegetation, soil, water and fauna habitats.
Proposal
The applicant is seeking approval for a Material Change of Use to establish a Temporary Sales Office on the subject site.  The Sales Office is intended to support the display of, and sale of the proposed Viridian Noosa Resort over the same site.
The Sales Office building is sited over the alignment of Alma Way; an internal road within the subject site.  In this regard, the building is supported by steel posts and comprises two floor levels, which have provision for a display and sales areas.  Attachment 1 is indicative of the proposal.
The proposal plans show the Temporary Sales Office building to have a maximum height of 2 storeys and 11.8 metres above existing surface levels.  The proposed development has a total use area of approximately 143.7m2.
Access to the proposed Temporary Sales Office is via Morwong Drive, and along the site’s internal road, Alma Way.  A total of five (5) car parking spaces are proposed on Alma Way for the purposes of staff and visitor parking.
The Temporary Sales Office will operate seven days a week between the hours of 10am and 4pm.
The Temporary Sales Office is intended to be on-site until the Viridian Noosa Resort commences operation, which is expected in 2009 or will be removed earlier if construction of the resort is completed before this date.
Background
The site is subject to a Consent Order issued by the Planning and Environment Court on 29th June 2001, which is referred to as the Court-Approved Scheme (CAS).  Stage 3 of the CAS specifically relates to the site and has provision for a resort, comprising of a range of villas, managers residence, permanent residential accommodation, visitor accommodation, central facilities and a health spa, subject to the approved plans and conditions of approval.
Despite the existing CAS over the site, a new Material Change of Use application (06/0823) for the Noosa Viridian Resort has been lodged with Council for assessment against the provisions of The Noosa Plan.
This application seeks approval for a Temporary Sales Office on the same site to support the display of, and sales component of the Noosa Viridian Resort proposed by the Material Change of Use application (06/0823) currently with Council.
public notification
The application was publicly notified on 28 August 2006, with submissions closing on 20 September 2006. A Notice of Compliance was received on 25 September 2006, confirming that all the requirements of the Integrated Planning Act 1997 had been fulfilled.
A member of the public raised concern about the location of the advertising signs during the public notification period.  Following an inspection, staff advised the applicant that the advertising sign for the Morwong Drive frontage of the site was not in accordance with the requirements of the Act.  Accordingly, the applicant corrected the location of the signs and continued with the advertising.
The Notice of Compliance made reference to the fact the sign for the Morwong Drive frontage, had been relocated twice during the course of the public notification period.  In this regard, the following summarises the location and duration of the sign for the Morwong drive frontage during the public notification period:-
approximately 80 metres in front of the site’s frontage with Morwong Drive.  The sign was in this location from 28 August to 7 September – 9 business days.
approximately 120 metres behind the site’s frontage to Morwong Drive.  The sign was in this location from 8 to 10 September 2006 – 1 business day.
at the site’s frontage to Morwong Drive. The sign was in this location from 11 to 21 September 2006 – 9 business days.
Notwithstanding that the sign was incorrectly positioned in front and behind the site’s frontage to Morwong Drive for a total of 10 business days, it is considered that the location of the sign in front of the site’s frontage to Morwong Drive (9 business days) would not have had a detrimental impact on the awareness of the public due to its increased visibility.  However, the location of the sign behind the site’s frontage to Morwong Drive (1 business day) would have been out of sight to the public and therefore impacted on the public’s awareness.
The correct location of the sign at the site’s frontage for 9 business days, together with its location for 9 business days in front of the site’s frontage results in the advertising being adequately carried out for duration of 18 business days.
It is noted that concern was raised by submitters that written advice was not received by the Body Corporate of the Viridian Noosa Residences as an adjoining land owner.  Written advice was only received after the matter was followed up during the public notification period.  Although the applicant confirms that written advice was sent, they are unable to confirm receipt by the land owner.
Seven (7) submissions were received during the public notification period, with numerous submissions being received by persons associated with the Viridian Noosa Residences. The grounds of the submissions along with staff comments are detailed below:-
1.	Non-compliance of Public Notification Requirements
The application’s non-compliance with public notification requirements was an issue raised by the submissions.  Concern was made in relation to the location of the sign on the site’s Morwong Drive frontage, and the fact that written advice was not received by the Body Corporate of Viridian Noosa Residences as an adjoining landowner.
Comment
The concerns raised have been discussed in Section 2 of this report.   It is considered that public notification was adequate.
2.	Traffic, Access & Car Parking
The majority of submissions raised concern in respect to traffic, access and car parking with the following specific issues being raised:-
number of vehicle movements along Alma Way, via Morwong Drive and Hasting Street;
proposed access conflicts with original Court Order requirements for the site in respect to restricting vehicle movement along Morwong Drive;
narrowness of Alma Way in respect to allowing for vehicle movements, manoeuvring and car parking;
potential conflict between vehicular traffic and pedestrians;
inadequate car parking has been provided for the Temporary Sales Office; and
concern that existing visitor car park for Viridian Residences will be utilised by visitors to Temporary Sales Office because of location within close proximity.
Comment
The number of vehicle movements along Alma Way is not considered to be an issue of concern, as the number of vehicles accessing the Sales Office will be substantially less than the vehicle movements for the Resort when operational.
Access conflicts in respect to the Court Order have been addressed in Section 3.2.2 Other Codes (Car Parking and Driveways Code). In summary, the Sales Office forms a separate application to the Resort and therefore does not need to be compliant with the access conditions of the Court Order.
The size of Alma Way in respect to vehicle movements, manoeuvring and car parking has been addressed in Section 4 Land Development Comments.
There will be little opportunities for conflict to occur between pedestrians and vehicles as a boardwalk adjacent to Morwong Drive and Alma Way will provide safe pedestrian access to the site.  Although the boardwalk stops short of the Sales Office and is located on the opposite side of the road, pedestrians will be required to cross Alma Way.  However as Alma Way is a low speed traffic environment, there is likely to be limited conflict.
The number of car parking spaces has been addressed in Section 3.2.2 Other Codes (Car Parking and Driveways Code).  The provision of five spaces is considered sufficient given the pedestrian visitation anticipated from the surrounding area.
Conditions are recommended to ensure that staff and visitors to the Sales Office will not use the car park for the Viridian Noosa Residences.
3.	Amenity – Visual and Acoustic Impact
Concern was raised in regard to the potential visual and acoustic impact of the Sales Office.  In respect to visual amenity, the design of the building was raised as an issue with respect to its height and siting over Alma Way.  In respect to acoustic amenity, the commercial nature of the use and its proximity to neighbouring sites.
Comment
The Sales Office will comprise similar design, materials and colours as that used for the Morwong Villas on the adjoining site and therefore it will be visually compatible with surrounding development and surrounding landscaped backdrop.  Alternative siting options for the Sales Office were considered by the applicant however as it will operate at the same time as construction for the Resort, it’s siting at the northern end of the site was most practical.  The height of the building, even with the road underneath, complies with height limits for the site.
The siting of the Sales Office over Alma Way is accepted, as extensive earthworks are not required and because it will not interfere with areas of the site where future Resort development is proposed.  The Sales Office is considered to have appropriate setbacks to neighbouring development, with landscaping also visually screening the development.
Although commercial in nature, the acoustic amenity of adjoining properties will be maintained.  The proposed use is not considered to have adverse acoustic impacts due to its nature and scale.  Although functioning 7 days a week, the daily operational hours of 10am and 4pm for the Sales Office is considered appropriate to provide an acceptable level of amenity to adjoining sites, particularly Morwong Villas.
The proposed setbacks will provide adequate separation between uses and low traffic volumes are expected thus negating any adverse impacts on acoustic amenity (Note that traffic for the Sales Office will be substantially less than future traffic volumes for the Resort development on the same site).
4.	Need
Submissions questioned the time period in which the Sales Office building would remain on-site and its intended future use.
Comment
The applicant has indicated that the Sales Office building is only intended to remain on-site until 2009 when the construction of the resort will be completed and will be removed prior to the commencement of resort operations over the site.  Conditions are recommended outlining the duration of time in which the building may remain on-site and requirements associated with its removal.
5.	Impact on Heritage Values of Adjoining Properties
A submission raised concern that the proposed development would impact on the heritage values and significance of the adjoining property, Halse Lodge.
Comment
The proposed Sales Office is not considered to impact on heritage values and significance of an adjoining property.  The small scale and temporary nature of the Sales Office means the use will be of significantly less intensity than the approved and proposed use over the site.
assessment under The Noosa Plan
The subject site is zoned Attached Housing and Open Space Conservation within the Noosa Heads Locality.  The proposal of a Sales Office is defined as Commercial Business – Type 2 Office under The Noosa Plan.
The proposed Sales Office is identified as an inconsistent use within the Attached Housing and Open Space Conservation zone and therefore triggers an impact assessable application to be lodged with Council for assessment.
Conflict with Zoning Intent
Notwithstanding that the proposed Sales Office is identified, as an inconsistent use for the site’s zoning, there are a number of grounds, which demonstrate support for the proposed development over the site.  These reasons include, but are not limited to:-
The proposed Sales Office is a justifiable use given its association with the future intended use of the site for the Noosa Viridian Resort.  In this regard, the proposed siting of the Sales Office on-site will support the sale of accommodation and dwelling units within the Noosa Viridian Resort.
The proposed development meets the overall outcome for the Noosa Heads Locality as the proposed use is compatible with other uses, with the Sales Office being considered to be supplementary to the future development of the site for Noosa Viridian Resort.
The overall outcome for the subject site having regard to its Attached Housing and Open Space Conservation zoning will not be compromised in the long term as the proposed use for the Sales Office is only intended to temporarily occupy the site to assist with the sales of the Noosa Viridian Resort.
The proposal’s demonstrated ability to meet the development criteria of The Noosa Plan.  In this regard, an assessment of the proposal is provided in Section 3.2 of this report.
Assessment of Development Criteria  (Codes)
Overlay Codes
The Biodviersity and Natural Hazards Overlays of The Noosa Plan affect the subject site.
In respect to the Biodiversity Overlay, the subject site comprises vegetation identified as Environmental Protection and Environmental Enhancement.  However as the proposed Temporary Sales Office will not result in the interference of the vegetation identified on the overlay mapping, assessment against the Biodiversity Overlay Code is not required.
The subject site is identified as Medium Bushfire and Landslip Hazard Area under the Natural Hazards Overlay mapping.  Although all of subject site is identified on Council’s mapping as a Bushfire Hazard Area, the proposed development is considered to meet the Specific Outcomes of the Code as the proposed siting of the Sales Office is unlikely to compromise the safety of people and property for the following reasons:-
the nature of the proposed use will not result in hazardous materials being stored on site;
the site is predominately cleared of vegetation thus creating a fire break between vegetation surrounding the gully and creek along the western side of the site and vegetation associated with the National Park to the eastern of the site;
the building is sited to maximise setbacks to hazardous vegetation.  The closest vegetation comprises rainforest species which are less susceptible to bushfire;
the proposed development can be connected to town water supply and therefore adequate and accessible water supply is available on-site for fire fighting purposes; and
the site’s internal road, Alma Way has two points of access to the Shire’s existing street network thus providing safe access for evacuation of users of the premises in the event of bushfire.
The Sales Office will not be sited over land within the site that is identified as a Landslide Hazard Area, as the overlay mapping shows the area of land at risk being the south-western corner of the site.  Therefore, the proposal is considered to meet the Specific Outcome of the Code, as the safety of people and property will not be compromised.
Other Codes
Noosa Heads Locality Code
The proposed development has been assessed against the Noosa Heads Locality Code, with the proposal’s compliance with key development criteria applicable to the site being below:-
Amenity / Scenic vistas
The aesthetic and cultural values of the natural landscape will be maintained through protecting important scenic vistas.  Although the proposed development may be visible from Laguna Bay, its visual impact is expected to be limited due to the proposed colour scheme for the building, its location on the site and its setting within a vegetated landscape.
The proposed Sales Office building will have a colour scheme that is consistent with existing approved and proposed development in the immediate area.  In this regard, the application proposes the “spotted gum” palette, which includes earth-muted tones that reflect the natural landscape.  A condition is recommended requiring the proposed Sales Office to comply with “spotted gum” colour palette as nominated in this application.
The proposed Sales Office is considered to have less visual impact than the resort proposed for the site, particularly given its location lower on the escarpment than future buildings for the site.  In addition, the temporary nature of the proposed development means that important scenic vistas can be maintained long term.
Building Height
The Attached Housing zone allows for a building height of 3 storeys and 12 metres, measured from natural ground level.  The proposal plans demonstrate the building to have a height of 2 storeys and 10.8 metres above the finished level of Alma Way.   The applicant argues that the proposal’s height above natural ground level is not relevant, as the surface levels of the site have been modified as a result of construction works on-site.  However, given that The Noosa Plan requires building height in metres to be measured from natural ground level, it is reasonable to include a condition requiring plans be submitted prior to receiving building works demonstrating compliance with this aspect of the planning scheme.  It is considered that the building could comply with height requirements.
Building Setbacks
As Schedule 1 of The Noosa Plan does not contain specific setbacks for the proposed development, the proposal has been assessed against Specific Outcome 8 which stipulates:-
Setbacks
O8	Buildings and other structures are appropriately designed and sited to—
a)	provide amenity for users of the premises as well as preserve the visual and acoustic amenity of adjoining and nearby properties;
b)	preserve any existing vegetation that will buffer the proposed building;
c)	allow for landscaping to be provided between buildings;
d)	maintain the visual continuity and pattern of buildings and landscape elements within the street;
e)	protect public safety and property within erosion prone areas by ensuring such areas are maintained largely free of development; and
f)	protect the natural character and visual amenity of coastal areas and watercourses.	S8.1 Buildings and structures comply with the minimum setbacks identified in Schedule 1 - Minimum Boundary Setbacks.
The proposed Sales Office setbacks to the site’s northern boundary (Viridian Noosa Residences) and the western boundary (site of Attunga Heights) are the most pertinent for discussion given their setback distance and potential impact on amenity for adjoining properties and vegetation within the site and adjoining sites.
The proposed setbacks to the eastern and southern boundaries do not warrant discussion because they demonstrate extensive setback distances to these boundaries and thus do not raise concern in respect to meeting the Specific Outcome of the Code.
Northern Boundary – adjoining Morwong Villas
The proposed Sales Office is setback approximately 14 metres from the site’s northern boundary, with the proposed development demonstrating a similar setback distance again the Morwong Villas.
The proposed setback to the northern boundary is supported as the setback proposed is significantly greater than the setback that would be expected from development consistent with the site’s zoning.  In this regard, half the building height would represent the setback required.
The proposed setback is considered to adequately preserve the visual or acoustic amenity of the adjoining property to the north through distance between buildings and landscaping opportunities.  Furthermore it is noted that openings for the Morwong Villas are generally orientated away and screened from the subject site thus limiting potential impacts in this respect.
Western Boundary – adjoining land for the development of Attunga Heights
The proposed Sales Office is setback approximately 2.5 metres from the site’s western boundary, where it adjoins land intended for the development of Attunga Heights.   It is noted that the proposed setback does not interfere with the 10 metre setback to the creek and is therefore acceptable.  However, the siting of the proposed Sales Office does result in a partial encroachment within Covenant B.
Covenant B
The following parts of the building are identified as encroaching within Covenant B area:-
The two western support beams for the building, which are located on the boundary of the covenant area;
The western portion of the lower and upper floors of the building, which overhang the covenant area by approximately 0.5 metres; and
The balcony (on the western side of the building) on the lower floor level, which overhang the covenant area by approximately 2.3 metres beyond the building.
Section 4.1(c) of the Schedule to the Covenant states that no structures other than those approved by the Covenantee (Council) may be constructed on the land.  Accordingly, it is considered that Council has the discretion to approve structures on the land identified by the covenant.
Section 4.1(d) of the Schedule to the Covenant also states that no other acts may be carried out on or in respect of the land which, in the opinion of the Covenantee (Council), acting reasonably may have a detrimental impact on the vegetation.  Accordingly, Council must consider potential impacts on vegetation when deciding whether or not to allow structures on the land identified by the covenant.
The encroachment of the building within Covenant B relates to an area of approximately 16.8m2 (ie. 6 x 2.8 metres), which includes a small part of the building and the entire balcony.  This area comprises a mixture of rocks and vegetation.  The vegetation within the affected area is immature, as the vegetation has recently been established as part of rehabilitation works to the gully.  The vegetation within the covenant area consists of rainforest species, which are tolerant to shaded conditions and therefore may not be adversely affected by shading created by the building overhang.
The applicant has also indicated that none of the vegetation within the covenant area will be removed or significantly pruned as a result of the building’s encroachment within the covenant area.  Further, construction works will not require interference within this area and a condition is recommended in this regard.
Having consideration to the immature status and rainforest vegetation type within the affected area and the fact that the proposed development will only temporarily occupy the site, the long-term intent of the Covenant to protect the environmental values of the covenant area can be achieved. A condition is recommended to this effect.  However should the land and/or vegetation be disturbed or deteriorated as a result of the proposed development a safeguard condition is recommended to be included requiring re-habilitation through a replanting program and/or extended maintenance program.
Site cover, gross floor area, plot ratio –
The proposed development represents 0.15% (111m2) of site cover, in respect to an allowable site cover of 40% for the Attached Housing zone.   Similarly the gross floor area of the Sales Office is 104m2, which represents 0.14% of the allowable gross floor area of 2.3075 hectares applicable to the site.  The portion of site cover and gross floor area proposed by the Sales Office is considered insignificant, particularly given its temporary occupation over the site with its expected removal prior to the commencement of the Noosa Viridian Resort over the same site.
Development on sloping sites and ridgelines
The proposed development on the site does not require excavation of the site and therefore responsive to the sloping character of the site.  As mentioned previously the Sales Office is unlikely to visually dominate the hill slope or skyline due to its integration with the natural landscape in respect to position and colour scheme.
Environment, conservation and recreation
The proposed development will not have a significant adverse effect on biodiversity, native vegetation, habitats, landscape quality, water quality or cultural heritage values.
Business Uses Code
The proposed development complies with the Business Uses Code.  The provisions of the Code require the premises and its access routes to be clearly identifiable.  In this regard, a condition is recommended requiring line marking of staff and visitor including disabled parking spaces and no standing signs along other areas of Alma way.
Landscaping Code
The applicant has submitted Landscaping Plans, which denote the proposed landscaping around the Sales Office, including proposed species and pot sizes.
The proposed landscaping is considered to adequately address landscaping requirements for the proposed development.  Accordingly, a condition is recommended requiring landscaping for the Sales Office to be in accordance with the Landscaping Plan.
Driveways and Car Parking Code
Access
Access to the Sales Office is proposed from Morwong Drive.  Although the Court Order does not apply to the Sales Office, its conditions in respect to access should still be considered when assessing the Sales Office.  The Court Order for the Resort over the site stipulates access to the site is to be via Viewland Drive between 7am and 7.30pm and from Morwong Drive between 7.30pm and 7am.
The Sales Office will operate during the hours of 10am and 4pm in which access from Viewland Drive would be expected in accordance with the conditions of the Court Order.  However it is noted that the Court Order conditions require construction access to the site for the Resort to be via Viewland Drive.  Therefore as the Sales Office is intended to operate concurrently with the construction of the Resort, it is impractical to require access to the Sales Office from Viewland Drive as the potential conflicts in respect to access are likely to be an occupational health and safety issue.
Accordingly in this respect access from Morwong Drive is considered the most practical.   Notably however access from Morwong Drive will result in additional traffic along Alma Way, and adjacent to the Viridian Noosa Residences.  However the additional traffic to the Sales Office along Alma Way is not expected to have a detrimental impact on the Viridian Noosa Residences, as the volume of persons accessing the Sales Office will be substantially less than future traffic movements from the Resort on the same site.
Car Parking
Table 14-46 – Car parking and manoeuvring outlines the Specific Outcome and Probable Solutions of the Code in respect to car parking requirements:-

O9	Sufficient car parking is provided to accommodate the number and type of vehicles likely to be generated by the development having regard to the specifics of the use including—
a)	the type and intensity of land use;
b)	any existing parking available on the site;
c)	hours of operation;
d)	likely number of users;
e)	peak parking demand periods of users on the site; and
f)	the availability of alternative parking.	S9.1 The number of parking and loading bays is not less than the minimum number specified in Table 14-47 Vehicle Parking Requirements; OR
S9.1 If insufficient car parking spaces are provided on-site a monetary contribution is made to Council in accordance with Section 6 of PSP13 Contributions in lieu of provision of off-street carparking.
Table 14-47 of the Code stipulates the car parking requirements for Type 1 Office as 1 space per 20m2, or part thereof, of use area; or 1 space per 2 employees whichever is the greater.  As the car-parking demands based on total use area (143.7m2) are greater (7.185 spaces) than that generated that by employees (1 space), a car parking requirement of seven car parking spaces applies to the proposed development.
The proposal plans demonstrate provision for five spaces, with the applicant seeking relaxation for two spaces.  A relaxation of car parking is sought because the applicant considers that visitor demand will not necessitate all car parking spaces, and additionally pedestrian traffic is anticipated.
The provision of five car parking spaces allows one space for employees and four spaces for visitors (with one of these spaces being for disabled purposes).  The applicant has provided visitor details for the Resort’s sales office in Hastings Street between October 2004 and June 2005, which demonstrates the average daily visitor numbers (walk in) to be between 1 and 7 persons.  Daily visitor numbers to the Sales Office are anticipated to be staggered over the course of the day.  The nature of the use does not generate or encourage peak visitation periods when car parking may become an issue.
Should peak visitation occur, car parking would need to be sought elsewhere (ie Hastings Street area).  However is considered that that visitors to the Sales Office will also visit Hastings Street and surrounds (ie. beach) and therefore the potential for visitors to seek car parking within the surrounding area is considered appropriate for this reason.  Accordingly, discretion for two car parking spaces is supported, as it is reasonable to assume that pedestrian traffic will occur given the site’s proximity to Hastings Street.  The boardwalk linking the site to Hastings Street encourages safe pedestrian access as well as offering views to Laguna Bay and access to walking tracks such as the Viridian Stairs.  Having regard to the likely pedestrian movements, discretion for two car parking spaces is considered warranted.
It is noted that Council’s Superseded Planning Scheme only required provision for 4 car parking spaces for an Estate Sales Office.  The proposed car parking for Sales Office exceeds this amount.
Bicycle Parking
The Driveways and Car Parking Code also stipulates bicycle-parking requirements for Type 1 Office as 1 per 50m2 gross floor area.  The Temporary Sales Office has a gross floor area of 104m2, which equates to 2.08 spaces (2 spaces).
The applicant has indicated that a permanent bicycle rack is unwarranted given the temporary nature of the proposal and that bicycle parking could be provided adjacent to the steel support posts of the building.  The proposal to provide bicycle parking adjacent to the steel support posts of the building is not considered appropriate as the steel support posts on the eastern side of the building are elevated from the road and are adjacent to proposed vehicular car parking spaces thus negating bicycle parking opportunities.  Further, the steel support posts on the western side of the building are located directly alongside the roadway, making cyclist parking in this location unpractical because of potential interference with traffic flows.
Accordingly, a condition is recommended requiring provision to accommodate parking for two bicycles on-site.  In this regard, a bicycle rack is recommended adjacent to the pathway, which provides access to the building.
land development comments (JD)
The following Codes from The Noosa Plan have been used for assessment:
Driveways and Carparking Code
Earthworks Code
Erosion and Sediment Control Code
Existing Services Code
Water Sensitive Design Code
The following discusses the issues with compliance of the above Codes.
Driveways and Carparking Code
Vehicle access to the development is proposed off Alma Way/Morwong Drive.
Five carparking spaces are provided, three parallel on Alma Way and two at the existing construction fence (that delineates the boundary between the Morwong villas and the resort), with one of these designated as staff parking. The provision of carparking on Alma Way essentially renders this road one-way for approximately 20 metres. The manoeuvring space is the minimum allowable under AustRoads for a one-way road, with the spaces being 2.3m wide and the remaining road pavement being 3m wide. The turning bay also provides the minimal area, however it is sufficient to undertake a three-point turn to exit. Even though it is at a minimum the spaces comply with AS2890.1-2004 if the road is considered one-way in this section.
The car spaces for the Sales Office are close to the visitor spaces provided at the Morwong Villas. It is recommended that signage be provided to ensure that the spaces provide for the Morwong Villas are used for the villas visitors and not used by visitors to the Sales Office. Good signage should reduce the conflicts of this nature.
To further reduce traffic conflicts with this section of road becoming essentially one-way, it is recommended to include a condition requiring a “Give Way” sign on the northern side of the carparks to allow vehicles exiting the site right of way.
The height between the road surface and the building is approximately 3.6m, which is not high enough for standard refuse vehicles. As the proposal is temporary refuse vehicles will not be entering the resort site or the Attunga Heights site via the Morwong Drive entry until after the Sales Office is removed.
The height clearance required for a firefighting vehicle is 4.2 metres, and again the applicant believes if necessary, these vehicles will gain access via Viewland Drive. This is considered acceptable.
Construction access to the site for the Resort and to the neighbouring site of Attunga Heights will be via Viewland Drive, however it is considered that construction access to the North Cabin Pod of Attunga Heights will require access point off the manoeuvring area for the Sales Office.
The car parking arrangement constricts the vehicular movements on the site, however the applicant has justified this arrangement due to low traffic volumes on Alma Way and low visitor numbers to the Sales Office. It is considered that as the use is temporary (and a condition is included to ensure this) and there is no through traffic whilst the Sales Office is in operation that the impacts will be minimal and the proposal is acceptable.
Earthworks Code
Minor earthworks are anticipated on site to achieve footings for the building and construction of the access pathway.
Given the site conditions, i.e. steeply sloping, and presence of boulders it is recommended that further investigation be carried out by Geotechnical Engineer or similar qualified expert to identify suitable building foundations and any measures required to protect the stability of the land.
The site is also on the Environmental Management Register, but the Sales Office is located approximately 250 metres from the contaminated cell, which is subject to an approved Site Management Plan submitted to EPA.
Erosion and Sediment Control Code
The applicant is proposing minimal disturbance during construction of the Sales Office. It should be noted that the soils in this vicinity are highly erodible and the slopes make drainage very difficult to control.
Erosion and sediment control devices will be required to be installed over the development site and maintained during the construction phase.
It will also be necessary that these devices be kept and maintained for a period of time after the construction phase and until the site is stabilised with vegetation and the risk of erosion has been greatly reduced.
Existing Services Code
The proposed Sales Office is wholly located within Easement H in Lot 106 on SP151408, and the purpose of this easement is for water, sewerage and access.
The proposed building is outside the zone of influence for the sewer and connection to these services is possible via a Plumbing Application.
Water Sensitive Design Code
The applicant is proposing to capture runoff in aboveground rainwater tanks and to reuse this water for landscaping irrigation. The proposal complies with this code.
Contributions
As the proposal is temporary and the use will not generate significant traffic, contributions are not applicable for the Sales Office.
Bonds
Given the extent of earthworks and general construction required for this development, it is considered appropriate to require a $10,000 bond to ensure no damage occurs to the environment and/or to any of Council’s infrastructure.
Land Development Conclusion
This application does not raise any major engineering issues and is recommended for approval subject to Land Development conditions.
environmental health comments
Environmental Health has noted the applicant’s proposal to take waste to another site for collection.  As only a small amount of waste is expected from the Sales Office, it is considered the use can operate without requiring waste services to the site.  However Environmental Health do note that the applicant will be still required to pay a minimum waste fee, as waste services will need to be provided to the site where waste from the Sales Office will be disposed of.
building services comments
Building Services have no objections to the proposal subject to conditions.
concurrence agency’s responses
The proposal was referred to the Environmental Protection Agency and the Department of Natural Resources, Mines & Water as concurrence agencies due to the fact that the subject site is identified as contaminated land and contains assessable vegetation.
The Environmental Protection Agency provided their referral response by letter dated 12 July 2006.  The letter confirms that the Environmental Protection Agency has no requirements in relation to the proposed development.
The Department of Natural Resources, Mines & Water provided their referral response by letter dated 28 August 2006.  The letter confirms that the Department of Natural Resource, Mines & Water has no vegetation related requirements concerning the proposed development.
Accordingly, a copy of the concurrence agencies responses is required to be attached to the development approval.
conclusion
Although the public notification of the application was not carried out strictly in accordance with the requirements of the Act, it is considered that the public were not adversely impacted in such a way that a person was not aware of the proposed development.
The proposed Sales Office is generally consistent with the provisions of The Noosa Plan, with the exception of car parking where the applicant has requested discretion for two car parking spaces.  A relaxation of car parking spaces is supported given the likelihood that visitors to the Sales Office will be pedestrians due to the site’s proximity to other points of interest (ie. Hastings Street, beach).
Conditions have been recommended to address the temporary nature of the Sales Office for the site.
The proposed development does not raise any significant planning, engineering, building or environmental health issues. The application is therefore recommended for approval, subject to conditions.
RECOMMENDATION
With regard to 06/1319 (Viridian Noosa Pty Ltd) for a Material Change of Use of Premises for a Office (Temporary Sales Office) at 5 Morwong Drive, Noosa Heads described as Lot 113 on SP 188650 Parish of Weyba, County of March, Council approve the application and grant a Development Permit, subject to the following conditions:-
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development.  The approved plans are titled and numbered Sales Office Site Plan 1013/01 Issue C, Sales Office Lower Floor Plan 1013/02 Issue C, Sales Office Upper Floor Plan 1013/03 Issue C and Sales Office Elevations 1013/04 Issue C, Sales Office Sections 1013/05 Issue C dated 19 June 2006 prepared by JMA Architects and as may be amended by these conditions.
Prior to receiving Building Works approval, plans shall be provided to Council demonstrating that the Sales Office does not exceed a maximum height limit of 3 storeys and 12 metres, as measured from natural ground level.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The colour scheme of the Sales Office shall reflect the “spotted gum” colour palette as nominated in this application.
The building materials and finishes of the Sales Office building shall be lightweight and consistent with those used for the construction of the Morwong Villas.
Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open structures.
The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this requirement.
The operating hours of the Sales Office is restricted to 10am to 4pm, 7 days a week with the exception of Christmas Day and Good Friday in which the Sales Office shall remain closed to the public.
The Sales Office use shall only be used for the display of, and sales of the Viridian Noosa Resort to be located over the same site – Lot 113 on SP 188650.
The Sales Office use shall only operate for a period of 2 years from the commencement of the use on-site.  The applicant is required to notify Council in writing of the date in which the use commences on-site.
The Sales Office building shall be removed from the site in its entirety 2 years from the commencement of its use, OR prior to the commencement of Resort operations over the same site, OR the commencement of the use on the Attunga Heights site, whichever comes first.
The existing access easement shall be limited to vehicles of appropriate size and height that is larger vehicles such as buses; trucks etc cannot access Alma Way from the Morwong Drive until after the removal of the Sales Office from the site.  Signage to this effect shall be provided to warn drivers.
Should the car parking arrangement be found to be inadequate in respect to the demand for car parking spaces available for visitors to the site, then the applicant shall be responsible for investigating alternative measures, acceptable to the Manager Land Use, and putting such measures in place to resolve parking issues for the Sales Office.
A bicycle rack or similar which provides for the parking of bicycles (a minimum of 2 bicycles) shall be provided adjacent to the pathway providing access to the Sales Office building.
A temporary fence shall be constructed across Alma Way to stop the public accessing the balance of the site.
The open space and setback areas are to be landscaped in accordance with Council’s Landscaping Code, Planning Scheme Policy on Landscaping Plants and Guidelines and a landscape plan & documentation titled Viridian Noosa Stage 3 / Temporary Sales Office Revision B dated September 2006 prepared by EDAW. Such landscaping is to be completed prior to the commencement of use and maintained at all times thereafter.
All vegetation within Covenant B shall not be removed or pruned as a result of the building’s encroachment within the covenant area.  In the event that vegetation within the covenant is impacted upon as a result of the Sales Office, Council should be notified immediately.
Any land and/or vegetation in Covenant B, which is disturbed or deteriorated as a result of the Sales Office, shall be re-habilitated through replanting program and/or extended maintenance program, for a period of 12 months.
All manholes, inspection pits and grates are to be raised to finish surface level and kept free of cover and be visible at all times to ensure prompt access in case of emergency.
The landscape construction is to be implemented in accordance with the approved landscape plan, planting schedule, and horticultural industry best practices.
Prior to commencement of all earthworks all trees and vegetation nominated for preservation and protection on the approved council plans must be cordoned off with protective barricade fencing to prevent impact from all future construction works.
Provide changes to the landscape plan and planting schedule as follows:
       PLANTS TO BE REPLACED	         SUBSTITUTIONS
5 x ARCHONTOPHOENIX Alexandrae	5 x ARCHONTOPHOENIX cunninghamiana
14 x CYCAS	14 X DORYANTHES excelsa
or BLECHNAM indicum
or ASPLENIUM australasicum
        Refer to the amended landscape Planting Schedule for further details
All native plant species located in group plantings shall not be subjected to any hedging maintenance regimes.
All trees 45 litre and greater must be securely staked and tied to assist their growth during the establishment period
The density of planting must achieve the set out requirements as detailed on the approved landscape plan.
The applicant must ensure that all landscaping treatment does not unduly restrict/prevent access to service meters within the site.
All trees must be located a minimum of a minimum of 1.0 metres from all services to prevent root/service conflict and to provide future ease of maintenance requirements
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
The Development Permit for a material change of use of premises lapses if the use has not happened by 30 November 2010, unless an application to extend the currency is approved by Council.
Land Development
Access and Carparking
A “Give Way” sign shall be installed on the northern side of the on-street carparks to allow vehicles exiting the site to have right-of-way.
The pathway and pram ramp shall be designed and constructed to ensure pedestrian safety using non-slip materials, to produce an evenly graded surface finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
Carparking shall be provided within the site as shown on drawing number 1013 Sales/04 revision D dated 30 October 2006 by JMA Architects Pty Ltd, except as modified herein.
A minimum of 5 uncovered carpark spaces shall be provided on site, including 1 clearly defined disabled car park space and 1 staff car park space. The disabled car space shall be designed to have safe and clear access to the entry pathway and in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for parallel parking with allowance for vehicles to enter and leave the site in a forward gear.
The proposed turning area that serves proposed car park spaces 1 to 5 shall be line-marked with chevrons and have the words “No Parking” painted on the pavement.  A sign shall also be provided to indicate that the area is a “Turning Area Only” and that “No Parking is Permitted”.
All carparking shall be kept, maintained and line-marked in a condition fit for use.
All staff carpark spaces shall be clearly defined by line marking each space with the words “Staff Parking Only” and by sign posting.
Signage shall be provided to clearly identify the car park spaces for the Sales Office from the car parking spaces for the Morwong Villas. This signage shall clearly define that visitors to the Sales Office shall not use the car park for the Morwong Villas.  Other signage shall also advise there is to be no further parking along Alma Way.
Stormwater Drainage
Roof runoff from the new building shall be directed to a rainwater storage system or tank (minimum storage 12 litres/m2 of roof area) that is installed to ensure water from the tank can be used for external uses (such as watering gardens, irrigation, ornamental ponds, water features, outdoor cleaning, etc) and for use in flushing of toilets internal to the building.   All rainwater tanks are to be designed and installed in accordance with the Queensland Development Code (QDC), Part 25 – Rainwater Tanks, and shall be part of the plumbing application in conjunction with the building approval.  The location and capacity of the tanks shall be clearly shown on the plans submitted for Building Works approval and any overflow shall be directed to the stormwater drainage system.
To ensure that polluted run-off does not enter Council’s stormwater drainage system, stormwater run-off from the carparking areas and Alma Way shall have the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor provided on site prior to being permitted to discharge into the creek.
All other clean stormwater, such as roof water, can be collected on site and discharged through a single underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors, which shall be submitted to the Council prior to the use commencing.
The approved maintenance plan shall be incorporated in the Community Management Scheme for the development and a copy of this shall be provided for Council’s records prior to commencement of the approved Use.
All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
The Sales Office shall be connected to Council’s existing sewerage reticulation systems and be constructed in accordance with Council’s standards and requirements at no cost to Council.
The existing sewer main that runs adjacent to the Sales Office shall be protected and accessible. To ensure Council’s sewer main is accessible for maintenance purposes and is protected from risk of damage no structures requiring a building permit (eg. buildings, swimming pools, retaining walls exceeding 1m in height, raised terraces, etc) shall be constructed within this ‘zone of influence’ or within 1.5m of the centreline of the sewer main, whichever is the greater.
Town Water Supply
The Sales Office shall be connected to Council’s existing town water supply and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Earthworks
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or structures that border the development site.  Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.
Site Stability
A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining buildings and/or structures and/or land, and make recommendations on the type of foundation system(s) best suited for the proposed development. The recommendations of this report shall be incorporated into the design and construction of the proposed development.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
General
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
Access into Covenant Area B is not approved. Construction equipment and materials shall not encroach into Covenant B during construction of this building. At all times the vegetation within Covenant Area B shall be protected.
Environmental Health
Noise emission from air conditioning equipment shall comply with the following requirements:
The equipment shall be installed and located in a manner that prevents excessive noise in accordance with Council’s Local Law No. 12 - Control of Nuisances.  Infringement Notices (on-the-spot fines) may apply for offences.
Concurrence Agency Conditions (Environmental Protection Agency and Department of Natural Resources, Mines & Water)
Refer to Concurrence Agencies, the Environmental Protection Agency and Department of Natural Resources, Mines & Water conditions in letters dated 12 July 2006 and 28 August 2006 respectively.
Further Permits Required
Prior to the commencement of development, the following Development Permits must be obtained:-
Development Permit for Building Works of Temporary Building/Structure;
Advice for Information Purposes Only and are not Conditions of Approval
The applicant is advised that a Compliance Permit for all plumbing and drainage works within the boundaries of the development site shall be obtained from Council’s Plumbing Services Section prior to obtaining a Development Permit for Building Works.
We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the Disabled Discrimination Act (DDA) in regard to the installation of disabled access and the provision of disabled facilities, and that access to this building and the provision of sanitary facilities may need to comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of Australia.
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site.
The plans for the proposed building work have not been assessed for compliance with the requirements of the Building Code of Australia as they relate to people with disabilities. Your attention is drawn to the matter that either or both the Disability Discrimination Act 1992 (Commonwealth) and the Anti-Discrimination Act 1991 (Queensland) may impact on the proposed building work.
No assessment has been carried out in regard to exits, the fire services, fire separation, fire resistance levels, disabled access or facilities. The building certifier will assess these aspects as part of the building application.
The development should be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
Noise from building works associated with commercial and or industrial development should comply with the following –
Limited to between 7:00am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.
(Index Customer: Viridian Noosa Pty Ltd & Martoo Consulting Pty Ltd – Application 06/1319 (PO3))
Directorates/Sections Consulted:
	Business
Corporate Services	x	Community Services	x	Environ & Planning

Building Certific.Group
Financial Services
Art Gallery	x	Building Services

Child Care Centre
Human Resources
Community Dev.
Environmental Services

Commercial Development
Information Services
Creative Noosa	x	Land Development

Economic Strat. & Innov.
Legal Services	x	Environmental Health	x	Land Use

Recreation Facilities
Planning & Support
Library
Plumbing Services

Water & Sewerage
Revenue Services
Public Order & Safety
Strategic Planning

Recreational Services

Respite Centre

Youth Development

Works
Exec. & Secretariat

Design
Cultural Board

Works Administration
Economic Board

Works Operations
Environment Board

Works Planning
Social Board

Tourism Noosa

ATTACHMENT 1

Environment & Planning Committee Reports 17/11/06 - Ordinary Meeting 30/11/06	3