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Request to Extend Relevant Period - 152006.1999.01
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~ '1-,
C" V' /PRECISION
I
SUNSHINECOAST
URBANC 0 N S U L TAN TS
24 April 2017
Job Ref: Ml775
Chief Executive Officer
Noosa Shire Council
PO Box 141
TEWANTIN QLD 4565
By Email: <[email protected]>
Att: Patrick Murphy - Planning Co-ordinator
Re: Request for Extension to Relevant Period - Application No. 152006.1999
P & ECourt Order for Development Approval for Reconflgurlng a lot (Subdivision 1 lot Into 52 Lots plus Park)
over land situated at 191 Hollett Road, Noosavllle and described as Lot 53 on SP163571
Dear Patrick,
We refer to the above development approval issued by Planning & Environment Court, by order on 5 July, 2013.
We note that the development approval has a currency period of 4 years from the date of the P & E Court
approval. Therefore, the existing development approval will lapse on 5 July. 2017, unless extended.
On behalf of our client John & Kathy Hofmann, we hereby make formal request for an extension to the relevant
period.
Our client seeks a 2 year extension to the relevant period so that the development will not lapse until S July,
2019. The required extension will align with sunset clause within condition 5, which specifies 6 years for the
completion of the development.
Our client has been in discussions with potential purchasers of the site who need more time to act on the
approval should they proceed to contract.
Pursuant to section 388 of the Sustainable Planning Act 2009 (SPA), the assessment manager in deciding the
request must only have regard to;-
(a) the consistency of the approval, including its conditions, with the current laws and policies applying to
the development, including, for example, the amount and type of infrastructure contributions, or
charges payable under chapter 8, parts 2 and 3; and
(b) the community's current owareness 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 given under section 385.
Ii Pt.ANNERS
• URBAN DESKiNERS
• SlIRVFfORS
P.iI £NGINEEI\S--
LANDSCAPE ARCHITECTS WEBSITE. WWW!fP'OMAY
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Page 2
SUNSHINE COAST
URBANe 0 N S U L TAN TS
24 April 2017
Job Ref: Ml775
Department of State Development, Infrastructure & Planning
r
State Assessment and Referral Agency (DNRM)
PO Box 1129
Za
MAROOCHYDORE QLD 4558
By Email:<[email protected]>
Your Ref: DNRM Ref: Track/ob # IC1106NAM0002/ eLVAS - 2006/012181 for Coastal Management District and
Ref No. 44735 for Contaminated Land
Re: Copy of Request to Extend Relevant Period under s383 of the Sustainable Planning Act 2009 (SPA) - P & E
Court Order for Development Approval for Reconflgurlng a Lot (Subdivision 1 Lot Into 52 Lots plus Park) over
land situated at 191 Hollett Road, Noosaville and described as Lot 53 on SP163571
Dear Sir/Madam,
I refer to the above development approval which was granted by the Planning and Environment Court on 13 July,
2017.
The Department of Natural Resources and Mines (DNRM) was a concurrence agency for the original development
approval. In accordance with Section 383 (1) (al of the Sustainable Planning Act 2009 (SPA), please find attached a
copy of our request to Noosa Shire Council to extend the relevant period.
We note that the Department now has 20 business days to provide comments to Council on the request in
accordance with section 385 of the SPA.
Should you have any queries regarding the above, please contact the undersigned on 07) 4839 4100 or Graeme
Bews on 07) 5450 3900.
Yours faithfully,
ALLISON DRABSCH
Senior Urban Planner
JFP URBAN CONSULTANTS PTY LTD
End: Copy of Correspondence to Noosa Shire Council
cc: John & Kathy Hofmann
• PlANNERS BRISBANE SUNSHINE COMT CENTRAL QVHPiSLANO
• URBAN DESIGNERS JfPHouse 231.23981adr~ "'venve,MJ(ood'J~C"o~ S9 GOOOtloon Street. Gldslorll!
• SlJRVEYORS 76 [melt Street, SoInh 8nslHlne PO80. £, Marooch~d~ Old4558 PO 8olI112. Glad~l" Old4680
PO flo.>.36:i4. SG\lth 8ri1b.:afll! Qld 4101 P0734432500 f0154434759 PO"4Sl94100 F074971S444
fi ENGiNEERS- P0130120100 F~84619S9
LANOSCAPf. ARCHIT!:ClS IFPURBAN CONSULTANTS PTYlTD ABN n050414 O4S MEM&ERSHIPS. uorA.1'(A. PIA. UDAL. SSSI. RPECQ AILA WEBSlll.Y{Wti JfP COM AI!
Page 3
Cr-'t07PRECISION
SUNSHINE COAST
URBAN CON 5 U L TAN T5
24 April 2017
Job Ref: Ml775 ~ --
Department of State Development, Infrastructure & Planning,
State Assessment and Referral Agency (DNRM) I 28
PO Sox 1129
MAROOCHYDORE QLD 4558
I
By Email:<[email protected]>
-
Your Ref: EPA File No. MCY19S1_BBE 29922; EPA Project No. 307575
Re: Copy of Request to Extend Relevant Period under s383 of the Sustoinable Planning Act 2009 (SPA) - P & E
Court Order for Development Approval for Reconflguring a Lot (Subdivision 1 Lot Into 52 Lots plus Park) over
land situated at 191 Hollett Road, Noosaville and described as Lot 53 on SP163S71
Dear Sir/Madam,
I refer to the above development approval which was granted by the Planning and Environment Court on 13 July,
2017.
The former Environmental Protection Agency (EPA) was a concurrence agency for the original development
approval. In accordance with Section 383 (1) (a) of the Sustainable Planning Act 2009 (SPA), please find attached a
copy of our request to Noosa Shire Council to extend the relevant period.
We note that the Department now has 20 business days to provide comments to Council on the request in
accordance with section 385 of the SPA.
Should you have any queries regarding the above, please contact the undersigned on 07) 4839 4100 or Graeme
Sews on 07) 5450 3900.
Yours faithfully,
ALLISON DRABSCH
Senior Urban Planner
JFP URBAN CONSULTANTS PTY LTD
End: Copy of Correspondence to Noosa Shire Council
cc: John & Kathy Hofmann
• PlANNER!> BRISBANE SUNSHINE COMT CENTRAL QUEENSlAND
• URBAN DES1GNERS JFP HOUlie 2]7.239 B'Jldman Avenue, M.arooch'\'doflt 59 Goondoon Street, G1"c:Monl1
• ~RVEYORS _ 76 [tl"lfit Strl!i!t.~uth BnS~rle PO Bo.l6 Mmxx:hydore Old 45508 PO Bo" 112, G1~SlOl'll' QJd 4680
PO 80Jl 36J4,5outh Brnballe Qld 4101 P0154.11325OO F075443'159 P 074839 .100 f C7 4972 5444
ENGINEERS P01]01101OO F384619S9
•• LANDSCAPEARCHIiEm JFPURBAN CONSUlTANTS PlY LTD ABN 79 050414 O4S MEMBERSl-tIP5. UOtA. P<A. PIA. UDAL ~51. RPECQ. AILA. WEBSITE. WNW IFP (OMAY
Page 4
•• NOOSA COUNCIL
.111
Request to Change Existing Approval andlor Extension to Relevant
Period
Sustainable Planning Acl 2009
ALL questions MUST be completed unless the form indicates otherwise.
This form must be submitted to Council accompanied by the applicable fee.
Attach extra pages if there is insufficient space on the form.
If Council was the Assessment Manager for the existing approval. and the approval was issued by the Court. then:
(a) a request to change the development approval and/or conditions is made to the Court; and
(b) a request to extend the relevant period for the approval is made to Council.
All terms used on the form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning Regulation
2009.
,
1. Details of person making the request
Full name - individual or company John & Kathy Hofmann
Contact Name - for company c/.JFP Urban Consultants Pty Ltd (Contact: Allison Drabsch)
Postal address PO Box 6
Suburb MAROOCHYDORE I State QLD I Postcode 4668
Business phone 07) 4839 4100 IAlH phone Mobile
Email address [email protected] and [email protected] Fax 07) 4972 6444
2. Details of existing approval
Type of approval (please tick ALL applicable categories) I Which entity issued approval?
Ii1 Development Permit o Council
0 Preliminary Approval Ii1Other entity - please specify
0 Compliance Permit P & E Order dated 13 July, 2013 -'-
0 Material Change of Use , I J
0 Reconfiguring a Lot
Z3 ,I" , v,7
0 Operational Works
0 Building Works
0
0
Plumbing or Drainage Works
Compliance Certificate
L -
I
j
0 Environmentally Relevant Activity I
Application number/council reference I Date issued
Is the approval for a mobile and temporary ERA? Ii1 No 0 Yes - complele below
Insert the name of each local government area in which the mobile and temporary ERA is proposed to operate/operating
Privacy
Council will use any personal information provided for the Intended purpose only and for remaining in contact with you. Council is authorised to collect
this infosmation in accordance with the Local Government Act 2009 and other Local Government Acts. Your personal information is only accessed by
persons authorised to do so. Your personal information is dealt with in accordance with council's privacy polley.
www oQQSa.gld gOY ay I [email protected] goy ay T 07 5329 6500
PO Box 141 TewantinQid 4565
I ABN 97969214121
Page 1 of 4
Page 5
3. Nature of request (please tick ALL applicable categories)
o To change the development o To change the development Ii2I To extend the relevant period
approval conditions before lapsing
Please attach documentation outlining the detail of and the reasons and justification for the requested change or
extension.
4. Location of the premises
Untt No. Street No 191 Street Hollett Road
Suburb Noosaville State QLD
53 SP163571
5. Concurrence Agencies
Was there one or more concurrence agencies involved in the original approval? ONo
Ii2I Yes-provide details below
Note - Under s372 of the Suslainable Planning Acl 2009 the person making the request is required to give a copy of this request to all
concurrence agencies.
Concurrence Agency ,Date copy given
SARA - Department of Natural Resources and Mines 24 AJlril2017
SARA - Evironmental Protection Agency 24 April 2017
6. Pre-request response notice
Has a pre-request response been given by a relevant entity (e.g. a concurrence agency) for this request?
Ii2I No 10 Yes
If yes, please attach a copy of the notice.
7. Owner's consent
Is the owner's consent required for this request? o No
Ii2I Yes- complete either Table A or Table B below
Note - If more than one owner of the land all owners' details are required
Table A - owner's consent provided on form
Owner's namel
, q"
I/We, the above-mentioned ownerls of the land, consent John Stuart Hofmann
to the making of this request. Owner's namels
Kathleen Mary Hofmann
Signaturels Ii2I The owner's written consent is attached.
-'. Page 20f4
Page 6
NOTES: For question 7
Under section 371 of the Sustainable Planning Act 2009, if the person making the request is not the owner of the land to which the
approval relates, the request must be accompanied by the owner's consent.
However, owner's consent is not required if the approval:
relates to land the was acquisition land to which section 263(2)(d} of the Sustainable Planning Act 2009 applied when the
application for the approval was made; or
is for building work or operational work for the supply of community infrastructure on land designated for the community
infrastructure; or
the consent of the owner would not be required under section 263(1) of the Sustainabie Planning Act 2009 if a development
application were made for the requested change.
Also, owner's consent is not required if the Assessment Manager is satisfied that:
the number of owners of the land make it impractical to obtain owners' consent, and the requested change does not materially
affect the owners' land; or
having regard to the nature of the proposed change, the owner has unreasonably Withheld consent and the requested change
does not materially affect the owner's land.
8. Does the request involve a State resource prescribed under the SustainablePlanning Regulation 2009,
Schedule 147
It[ No TO Yes - complete below details
Nature of State owned resource:
Nature of Evidence required:
o Evidence of allocation of I enmlement to, the resource I 0 Evidence the chief executive has agreed to the request
Attach a copy of the evidence required above
NOTES: For question 8
Section 370(3) and (4) of the Sustainable Planning Act 2009 requires that if an application for the development approval were made at
the time of making this request and evidence under section 264(1} of the Sustainable Planning Act 2009 would be required to support
the application, this request must be accompanied by the written agreement of the chief executive from whom evidence would be
required under section 264(1).
Section 264 of the Sustainable Planning Act 2009 provides that if a development involves a State resource, a regulation may require
the application to be supported by certain evidence prescribed under regulation. Schedule 14 of the Sustainable Planning Regulation
2009 prescribes the State resources for which evidence is required to be given, and the evidence required, to support the application.
9. Declaration of applicant
I/We, the applicant, declare that the above information is correct in all respects, at the time of lodgement of this
application with Council. Should any of the details given(i~lrelation to this application be changed in the future, the
applicant shall vis Coun iI in writing prior to any su Hr]Qe being implemented.
Signaturels Date ;{" 't. /
Page 3 of 4
Page 7
OFFICE USE ONL V
Application no. Amount paid Date paid Receipt no. Initial Date stamp
Receiving Officer
Payment options
In person 9 Pelican Street, Tewantin: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays).
By mail Cheque or money order to be made payable to Noosa Council.
o Cheque I 0 Money order o Masterca rd o Visa
Card number Expiry date Amount $
Name on card Signature of cardholder
Phone Is a receipt required? IitVes ONo
Page 4 of 4
Page 8
Owner's consent to the making of a development application under
the Sustainable Planning Act 2009
I, John Stuart Hofmann
AND
I, Kathleen Mary Hofmann
as owner of premises identified as follows
191 Hollett Road, Noosaville and described as Lot 63 on SP163671
consent to the making of a development application under the Sustainable Planning Act 2009 by:
JFP Urban Consultants Ply Ltd
on the premises described above tor the purposes of:
Request to Extend Relevant Period. Application No. 162006.1999
~(~ [SignaIUreOfOWner]
signed on the 2017
[signature of owner]
/llt ()Jv~
signed on the day of 2017
Tile 3u~ltm'<;ILJJePhmlllno Act ?0091~ ~tln'llnl"tprerl hy Ihe Uepcllimlint of !nfra&tructuro Locol Government ol"ld rl~nj"ullg
Queensland Government
Page 9
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U •••
!lI~
NCONSUlTANTS
The matters outlined within s388 are not prioritised and none of the stated matters in s388 prevail over one
another. Further, s388 does not mandate refusal of the request due to the Inability to comply with anyone of the
considerations.
We consider that the request for an extension to the relevant period is supportable in accordance with s388 of
the SPAon the following grounds:
BACKGROUND
On 01 May, 1998, Council gazetted the rezoning granted over the site on 01 August, 1997, changing the zone to
'Special Residential' and permitting the development of a maximum of 82 residential lots. The approved plan of
development 9S0SSS.PSBprepared by Downes Survey Group sets out the development rights under the zones
endorsed on the plan, and contains the relevant development criteria for the land. This included a maximum
number of 80 Rural Residential allotments and 2 Rural Pursuits allotments. The approved plan outlined that the
land use entitlements for both Rural Residential Areas and Rural Pursuits Areas, were applicable, as if the land
was located within those zones at any tim~.
This position is repeated in the conditions of the rezoning approval (03004TR), which run with the land and
remain binding on successorsin title.
Under the approval, the applicant was required to dedicate a large portion of land for the Walter Hay Drive road
reserve, which has had significant benefit to the local road network within Noosaville.
At Council's ordinary meeting on 19th October, 2006, Council confirmed that the subsequent development
application for reconflguration could be assessedagainst the Superseded Planning Scheme. In arriving at this
decision, Council considered that assessment of the application under the new (2006 Noosa Plan) may have
resulted in a compensation claim arising from the potential loss of value in the land as a result of the change of
zoning from Special Residential to Rural under the 2006 Noosa Plan.
The development application (superseded planning scheme) for reconfiguration, originally for eighty two (82) lots
plus one (1) park lot, was lodged with Council on 12 September, 2006.
DNRM, acting as concurrence agency, directed Council to refuse the application originally. Accordingly, Council
issued a Decision Notice of Refusal on 16 November, 2009, under the Integrated Planning Act 1997.
The decision was appealed through the Planning and Environment Court, and was approved with conditions on
13th July, 2013, under the Sustainable Planning Act 2009.
It is noted that the approved development layout is generally in keeping with the current State Development
Assessment Provisions (SDAPs)in relation to vegetation requirements, setbacks to environmental constraints
including buffers for bushfire management. These constraints are directly comparable under Council's current
overlay mapping constraints.
The approval conditions of the Court order include specific requirements in respect to these constraints which
relate to concurrence agency matters of State Environmental Significance.
JFP Ref: Ml775 Page 2
Page 10
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U.'ANe 0 N S U l TAN T S
The final approval granted by way of the Planning and Environment Court Order (Appeal No. 344 of 2009) dated 5
July, 2013 reduced the overall yield to 52 Lots and Park. Significantly, the approval requires dedication of 52.757
hectares of parkland.
The site is now zoned as Rural under the Noosa Plan 2006. Despite the change to the zoning under the current
planning scheme, the development layout and design is considered to be consistent with current design State and
Council requirements for development on land subject to enviranmental constraints.
In this respect It is noted that the approved development:
o Is predominantly located in disturbed areas of the site.
o Incorporates setbacks for bushfire management.
o Layout and design of allotments has been generally designed around already cleared vegetation areas and
environmental constraints;
o The conditions placed on the development appropriately address all relevant environmental concerns;
o Existing development rights are considered to exist under the original rezoning development permit;
o Results in dedication of significant open space which will result in considerable community benefits
through the long-term conservation of areas with ecological values.
o The site adjoins the urban fringe of Noosaville, is the next in sequence and Is surrounded by urban and
rural residential development to the north and west of the site which is compatible and similar in nature.
Our assessment against the statutory decision making criteria in section 388 of the SPA is provided below:
The consistency of the approval, including its conditions, with the current lows and
policies applying to the development, including, for example, the amount and type 0
infrastructure contributions, or charges payable under chapter 8, parts 2 and 3 (s. 388
(a) SPA)
Response
The approval was assessed and approved under the Superseded Planning Scheme 1985 Schedule and
1997 Strategic Plan far Naasa. It is considered that the development approval is generally consistent with
current laws and policies applying to the development.
The current approval conditions are consistent with current laws and policies in the following respects:-
o The engineering conditions which have been placed on the existing development approval are
considered to be consistent with current engineering design requirements and standards.
Reference is made to Civil Engineering conditions 18 to 37 and conditions 68 to 78. It is noted
that the subsequent operational works application will be assessed in accordance with local laws
and policies applicable at the time of lodgement.
JFP Ref: Ml775 Page 3
Page 11
-.Ell'
• The development
conditions
is required to be undertaken
including those of the referral agencies Department
in accordance with the
-
u ••••
Court's
of Natural Resources and Mines
!I~
c 0 N SU L TAN
approval
TS
(DNRM), Environmental Protection Agency (EPA). The approved development setbacks and
environmental conditions are considered generally consistent with current laws and policies in
regard to site constraints including vegetation and bushfire hazard.
• We note that this approval was issued under the Sustainable Planning Act 2009, with an Adopted
Infrastructure Charges Notice issued by the then (pre-de-amalgamation) Sunshine Coast Council.
Infrastructure contributions applicable to this development approval can be updated to reflect
Noosa Council's current adopted infrastructure charges resolution, as required.
The site is located within the Tewantin and Doonan locality Plan under the Nooso Plan 2006 where it is
zoned Rural. Reconfiguration within the zone is Code Assessable as per Table 12.11 of Division 13, Noosa
Plan, subject to the requirements of the SEQRPRegulatory Provisions.
From an assessment of the applicable provisions under the Noosa Plan 2006, the development approval
achieves the majority of the relevant performance outcomes. Inevitably, there are a few provisions which
cannot be directly achieved due to Council changing the zone from "Special Residential" under the
Superseded Planning Scheme to "Rural" under the current Noosa Plan 2006. However, this does not
preclude an extension on the current development approval being granted, having regard to the existing
conditions of approval appropriately reflecting the individual site constraints along with the development
providing significant community benefits.
Our assessment is provided below.
PART 3 DESIRED ENVIRONMENTAL OUTCOMES
OEOs Comments
The desired environmental outcomes for Noosa Shire are as
follows-
a) AGRICULTURE USES
Agricultural industry is maintained by- (a) (I) - (Ix) The site has very limited opportunity for viable
i) conserving land for economically viable and and sustainable rural production or agricultural purposes.
environmentally sustainable agricultural purposes; This is due to the sites location adjoining urban development
ii) preventing the fragmentation of agricultural land; as well as limitations due to environmental constraints and
iii) facilitating the growth of non-traditional, though limited area. The proposal therefore does not fragment or
high value, crops which have minimal impact on alienate the land given the close proximity of urban
the natural environment or adjacent crops; development and limited cleared areas.
iv) facilitating the growth of non-traditional animal
husbandry practices such as aquaculture where it
does not alienate agricultural land or have a
detrimental impact upon the environment;
v) protecting agricultural pursuits from incompatible
uses,particularly those more suitably located
within the urban growth boundary;
vi) facilitating the growth of farm forestry practices;
vii) value adding to farm produce to enhance economic
viability;
viii) improving opportunities for mutually beneficial
enterprises that are complementary to agriculture
and other non-a r'cultural usesthat do not
JFP Ref: Ml77S Page 4
Page 12
-me.,..
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OEOs Comments
diminish agricultural production such as roadside
stalls, farm gate sales, home based occupations
and visitor accommodation; and
ix) adoptinR water and enerl!V efficient practices.
g) OPENSPACE,ENVIRONMENT& CONSERVATION (g) (I) - (xl) • The development protects open space
FUNCTIONS networks and natural environment through significant
il Networks of open space and natural habitat, parkland dedication. These matters have been achieved
vegetated lands, wetlands, watercourses and through appropriate lot layout design and have also been
riparian zones are sensitivity managed and conditioned on the existing development approval
protected to avoid as far as practicable or, where including:-
avoidance is not practicable, minimise adverse
impacts resulting from development. • Approved Plans- condition 2
ii) The natural environment is protected and managed • Park Dedication - conditions 14 & 15
in a way that- • Reserve/Parkland dedication - conditions 38 to 42
a) supports the economy through the • Weed Management - condition 43
tourism industry and contributes to the • Revegetation and Vegetation Offsets - condition 44
region's competitive advantage and • Tree Retention - condition 45
lifestyle; • Fauna Protection - conditions 46 to 56
b) maintains and improves landscape • Vegetation Covenants - conditions 63 to 66
character and visual amenity;
c) builds ecological resilience and capacity
to adapt to a changing climate;
d) provides passive, nature-based
recreation and educational
opportunities including appropriate
eco-tourism facilities;
e) defines the boundaries to or of each of
the distinct urban localities of Noosa
Shire; and
f) provides linkages beyond Noosa Shire's
boundaries.
iii) Ecologically important areas are protected,
rehabilitated and enhanced including their
condition, extent, diversity and connectivity to
maintain and improve biodiversity, landscape
stability, resilience and ecological integrity of the
natural environment.
iv) Koala habitat, connectivity and safety is maintained
and improved, contributing to a net gain in koala
habitat and assisting with the long term
stabilisation and recovery of viable populations
across Noosa Shire, Sunshine Coast and South East
Queensland.
v) Koala habitat offsets are applied only as a last
resort and achieve an equivalent or better
environmental outcome and additional protection
to environmental values at risk or additional
management actions to improve environmental
values.
vi) Terrestrial and aquatic biodiversity values and
water quality within the Noosa River system is
protected.
vii) Natural waterways and wetlands are maintained in
their natural state with development providing for
rehabilitation and enhancement to improve
ecolo.ical function in. and water oualitv.
JFP Ref: Ml775 Page 5
Page 13
a_Ii>
DEOs
viii) Constructed water bodies including canals are not
Comments
- II"
a ••••• e 0 N S U L TAN T 5
created except where maintained as private assets
and used for other than water treatment purposes.
ix) The quality of ground and surface water is
protected and improved in a manner that ensures
its long term environmental values, ecological
integrity and sustain ability.
x) Coastal foreshores including near shore marine
environments, beaches, dunes, rocky headlands,
beaches and river mouths are maintained in their
natural state.
xi) Development protects coastal resources and values
and provides for physical coastal processes to occur
naturally and adverse impacts to be avoided as far
as is practicable, or where avoidance is not
practicable, minimises and mitigates adverse
impacts.
i) RESIDENTIAL USES
Urban and rural settlement for residential use is contained I) The proposed rural residential development is located on
within the defined urban growth boundaries shown on the edge of the urban growth boundary. However, it is
zoning maps ZM1- ZM9. It is developed to be consistent considered that the land is subject to existing land use rights
with- as part of the original rezoning approval. The development:
i) the planned capacity for roads, community services i) has been designed with consideration of the
and infrastructure for the particular locality; planned capacity for roads, community services
ii) the expectations of Noosa Shire's population to and infrastructure for the particular locality;
have access to a broad range of safe, secure and ii) will provided additional housing choice and options
affordable housing, that specifically caters for the to meet the expectations of Noosa Shire's
current and projected demographic, economic and population to have access to a broad range of safe,
social profile of the community; secure and affordable housing, that specifically
iii) the expected character and amenity for the caters for the current and projected demographic,
particular locality; economic and social profile of the community;
iv) the landform, natural environmental and climatic iii) is compatible with the character and amenity for
conditions of the locality; the particular locality;
v) energy efficiency and water conserving design iv) has been designed around existing landform,
principles; natural environmental and climatic conditions of
vi) convenience and accessibility to urban services the locality;
employment and infrastructure; and v) will ensure any subsequent dwelling house on each
vii) suitable separation from incompatible land uses. allotment will be designed to meet relevant energy
efficiency and water conserving design principles;
vi) is conveniently located with access to urban
services employment and infrastructure; and
vii) is consistent with adjoining and surrounding land
uses.
I) INFRASTRUCTURE AND SERVICES
i) The efficient provision and use of services such as I) (I) - (III) Complies. All relevant infrastructure and services
water, sewerage, power, telecommunications and for the rural residential development will be provided to a
waste disposal caters for the needs of residents suitable standard to meet the needs of the proposed land
and visitors, relative to their location within Noosa use. These have been appropriately conditioned on the
Shire. existing development approval.
ii) The ongoing viability of existing Infrastructure
services and facilities are protected from the Reference is made to the specific Civil Engineering
impacts of future development. conditions of approval 18 to 37.
iii) Existing and future bulk water infrastructure and
corridors are protected from development that
would compromise the corridor integrity, and the
JFP Ref: MI775 Page 6
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DEDs Comments
efficient delivery and functioning of the
infrastructure. Bulk water supply infrastructure is
protected from encroachment from sensitive uses.
DIVISION 15 OVERALL OUTCOMES FOR TEWANTIN AND DOONAN LOCALITY
Overall Outcomes Comments
12.7.1 The overall outcomes are the purpose of the Tewantin & Doonan locality Code.
12.7.2 The overall outcomes sought for the Tewantin & Doonan localitv are the followin~.
a) New uses and works are located, designed and managed a) Complies. The development has been located, designed
to- and managed:-
i) be compatible with other uses and works; i) To be compatible with other uses and works
ii) maintain the safety of people and works; through appropriate design layout including
iii) avoid significant adverse impacts on the road network design compatible with adjacent
amenity enjoyed by users of other premises and surrounding uses;
including acoustic and visual qualities; and II) To appropriately cater for the safety of people
iv) avoid significant adverse effects on the natural and works and is consistent with current
environment, including native habitat removal, standards including bushfire management (refer
fragmentation and attrition; conditions 57 to 62), flooding requirements
(refer conditions 68 to 73);
III) To ensure no adverse impacts on amenity of
adjoining or surrounding premises as vegetation
buffers will be retained which will maintain
visuai qualities. It is noted that proposed
allotments adjoining Walter Hay Drive will be
provided with acoustic attenuation through
mounding and landscaping treatments.
Reference is made to conditions 9 to 13 of the
development approval in respect to acoustic
requirements.
Iv) Vegetation clearing is limited to ensure no
significant impacts on the natural environment.
Development has been designed around already
disturbed/ cleared areas on the site.
b) Development is consistent with the Priority b) An Adopted Infrastructure Charges Notice has been issued
Infrastructure Plan in Part 15. for the site. Therefore, relevant contributions towards
applicable trunk networks within the locality will be provide
contributions towards priority infrastructure networks.
c) Urban development is limited to land within the Urban c) The site is situated on the edge of the Urban Growth
Growth Boundary as shown on Map ZM9; Boundary and is considered to be an appropriate extension of
existing urban and rural residential
d) The Tewantin & Doonan locality retains its primary role d) The development primary role will be for providing
of providing housing for permanent residents; housing for permanent residents.
e) Tewantin is a vibrant riverside and lakeside urban area e) The proposed development is for rural residential
with a traditional town character and identity within a development in close proximity to the township of Tewantin
vegetated, waterfront setting; and is compatible with adjacent and surrounding land uses.
f) Within the town of Tewantin the distinct character of f) Not applicable. The site is not located within the town of
existing residential neighbourhoods is retained, and Tewantin.
housing offers high levels of residential amenity,
convenience, accessibility and servicing, while maintaining
the low density and low scale synonymous with the local
character;
g) & h) Not Applicable
j) Rural settlement, at varying densities consistent with the it The proposed development for rural residential lots has
environmental constraints of the area, offer high levels of been designed to achieve appropriate density consistent with
amenity and moderate to high levels of convenience, the environmental constraints on the site. The development
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accessibility and servicing; achieves a high level of amenity and has moderate to high
levels of convenience, accessibility and servicing given its
close proximity to the townships of Tewantin and Noosaville.
k) Rural settlement and open space are the dominant land k) Complies. The development site is situated south of
uses south of the Tewantin State Forest, and serve to define Tewantin State Forest and proposes rural residential
the boundaries of the coastal urban area of Noosa; and allotments/ rural settlement style lots varying in size due to
environmental constraints. It is noted that open space on the
site will remain the dominant land use through parkland
dedication comprising over 47% of the site plus additional
protected areas in perpetuity through the establishment of
vegetation covenants.
I) The urban boundaries of Tewantin remain defined by I) The site is situated on the edge ofTewantin and is located
vegetated edges provided by Tewantin State Forest, Harry within the suburb of Noosaville. The rural residential
Springs Conservation Park, Lake Doonella and the development is consistent with existing surrounding urban
floodplains of the Noosa River and Cooroibah, Wooroi, and rural residential developments.
Eenie and Keyser Creeks;
m), nj, 0), p) & q) Not Applicable
r) The environmental, aesthetic and scenic values of the r) The development design has ensured that key
locality, or watercourses just outside the locality, are environmental areas are protected and maintained. This
protected and maintained. These include- includes dedication of 52.757 hectares of parkland.
i) the Noosa River; Vegetation covenants over other significant vegetation
ii) LakesCooroibah, Doonella and Weyba; outside the dedication have also been conditioned. This will
iii) Cooroibah, Wooroi, Cranks, Eenie and protect and maintain the environmental, aesthetic and scenic
KeyserCreeksand their associated values of the locality. Stormwater Management has been
riparian communities; conditioned in accordance with contemporary standards to
iv) Mt Tinbeerwah; ensure receiving waterways are protected and maintained.
v) the vegetated range systems, particularly
in areas close to or visible from Eumundi
Road, Cooroy-Noosa Road and Beckmans
Road;
vi) Tewantin State Forest;
vii) views to Noosa North Shore;
viii) lowland areas in their natural state; and
ix) major open space network links between
Lake Cooroibah, Tewantin State Forest,
Lake Weyba and open space areas to the
south;
s) Areas of native remnant or regrowth vegetation, s) Development has been designed within already cleared or
including their biodiversity and habitat values are predominately disturbed areas. Significant areas containing
protected; native vegetation will be dedicated to parkland which will
protect biodiversity and habitat values. Further vegetation
outside dedication will also be protected through the
implementation of vegetation covenants.
t) Development provides for low impact nature-based t) Not Applicable.
recreation activities in and around the Noosa River over
other forms of more intensive recreation.
u), v), w), x), y) z) and aa) Not Applicable
bb) For the Rural Zone-rural land is protected and bb) The development is considered appropriate, despite
appropriately managed such that:- Council's change to the zone designation under the current
i) the scenic and environmental values, the distinct Noosa Plan 2006 to the Rural Zone, given the site's location
rural amenity and agricultural productivity of the in context and deveiopment approval history. The site adjoins
locality are preserved and are not adversely the urban fringe of Noosaville, is the next in sequence and is
impacted as a consequence of development on or surrounded by urban and rural residential development to
adjacent to that land; and the north and west of the site which is compatible and similar
ii) iocally appropriate enterprises such as bed and in nature. The development has been respectively designed
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breakfast accommodation, farmstays, cabins, to ensure environmental values on the site are protected and
camping grounds, roadside stalls and home based appropriately managed.
businessesenhance the economic sustainability of
the hinterland; and The scenic and environmental values of the locality and site
will be preserved through dedication of parkland and
retention of vegetation by covenants. The site does not
provide for viable agricultural purposes due to environmental
constraints, limitation of land area and proximity to existing
residential land uses.
The proposed subdivision provides the best use of available
land within the Noosaville locality which has limited
opportunity for expansion of residential land usesdue to
environmentally constrained areas. The proposed
development is compatible with the adjoining and
surrounding land uses.
DIVISION 16 SPECIFIC OUTCOMES AND PROBABLE SOLUTIONS FOR THE TEWANTIN AND DOONAN LOCALITY
Specific Outcomes Probable Solutions Comments
12.8 Effects of use
Amenity No solution provided. 01- The development location,
01 Usesare located, designed and design and ultimate purpose for
operated to avoid significant adverse rural residential lifestyle purposes
changes to the light, air quality, noise, will not adversely change or impact
accessibility or other conditions enjoyed on light, air quality, noise,
by users of associated, adjoining or accessibility or other conditions of
nearby uses. adjoining or nearby residential uses.
Majar road network No solution provided. 02 - The proposed development
02 The function of, and visual amenity does not adversely impact on the
and character surrounding the major function, visual amenity and
road network, including Eumundi-Noosa character surrounding Walter Hay
Road, Beckmans Road, Cooroy-Noosa Drive or Eumundi-Noosa Road.
Road, Poinciana Avenue, Moorindil
Street, Emu Mountain Road, Doonella
Street, Memorial Avenue, Sidoni Street,
Walter Hay Drive, Sunrise Road,
McKinnon Drive and Butler Street is
protected and enhanced.
12.9 Built form
Density No solution provided. 03 - Complies. The density of the
03 The density of development within reconfiguration development
the site areo- approval is compatible and
a) is compatible with surrounding consistent with surrounding
development; development. The ultimate built
b) does not exceed- form will be low impact whilst
i. for the Semi-Attached Housing maintaining natural site
Zone- 1 dwelling unit per characteristics including native
300m' of site area, with a vegetation.
maximum populotion density of
100 persons per hectare; and
ii. for the Attached Housing
Zone-a maximum population
density of 100 persons per
hectare; and
iii. for the Business Centre Zone-
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Specific Outcomes Probable Solutions Comments
maximum population density of
100 persons per hectare with
the exception of a visitor hostel
at the Royal Mail Hotel site (lot
1 on RP84S244 & lot 3 on
RP40197) which has an
allowable population density of
320 persons per hectare
exclusively for such a use; and
iv. for the Community Uses Zone
maximum population density of
320 persons per hectare
exclusively for the purposes of
Residential Aged Care and 160
persons per hectare for any
other form of Retirement &
Special Needs Housing; and
c) has a low site impact to enhance the
opportunity to maintain natural site
characteristics, including native
veoetotion and natural landforms.
Height 54.1 The maximum height of buildings 04.1 • A dwelling house on each lot
04 Buildings and other structures- and other structures is- will need to comply with height and
a) are low rise and present a building a) if in the Business Centre Zone-10m siting requirements as part of
height consistent with structures on unless within 10m of either Blakesley subsequent building works
adjoining and surrounding land; Street or Sidani Street in which case it is application approval process in
b) have a maximum building height of 2 8m; accordance with QDC. BCA and
storeys; b) if in the Rural or Rural Settlement Council's requirements at the time
c) do not visually dominate the street, Zone-8m, or 9m where the pitched of lodgement.
surrounding spaces or the existing roof but no other part of the building or
skyline; structure exceeds 8m; or
d) preserve the amenity of surrounding c) in all other zones-8m.
land including access to sunlight;
e) respect the scale of surrounding
vegetation; and
f) respond to the topography of the site
and minimise cut and fill (eg. by stepping
down the slope or using suspended floor
construction, for sloping sites).
Setbacks 55.1 Buildings and structures comply OS • The design and siting of the
OS Buildings and other structures are with the setbacks specified in Schedule 1 proposed lots has ensured suitable
appropriately designed and sited to- - Minimum Boundary Setbacks. effective areas for siting a
a) provide amenity for users of the subsequent dwelling house on each
premises as well as preserve the visual lot with respect to preserving
and acoustic privacy of adjoining and vegetation and buffers to existing
nearby land uses; vegetated areas on site.
b) preserve any existing vegetation that
will buffer the proposed building from Reference is made to conditions 6&
adjoining uses; 7 in respect to Plan of
c) allow for landscaping to be provided development/setbacks which are
between buildings; and consistent with Schedule 1 -
d) maintain the visual continuity and Minimum Boundary setbacks. The
pattern of buildings and landscape ultimate development will achieve
elements within the street; and as also through conditions 38 to 42
e) help protect the natural character and which reauires land to be dedicated
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visual amenity of the Noosa River to parkland for environmental
system and other watercourses and purposes and condition 61 which
lakes. specifies applicable bushfire building
setbacks.
A dwelling house on each lot will
need to comply with relevant
setbacks and siting requirements as
part of subsequent building works
application approval process in
accordance with QDC, SCA and
Council's requirements at the time
of lodgement.
Site cover, gross floor area and plot No solution provided. 06,07, OS, 09 & 010 - Not
ratio applicable at this stage. A dwelling
06 The site cover, gross floor area and house on each lot will need to
plat ratio of buildings and other roofed comply with relevant requirements
structures- as part of subsequent building works
a) results in a building scale that is application approval process in
compatible with surrounding accordance with QDC, SCA and
development; Council's requirements at the time
b) does not present an appearance of of lodgement.
bulk to adjacent properties, roads or
other areas in the vicinity of the site;
c) maximises the retention of existing
vegetation and allows for soft
landscaping between buildings;
d) allows for adequate area at ground
level for outdoor recreation,
entertainment, clothes drying and other
site facilities; and
e) facilitates on site stormwater
management and vehicular access.
07 Site cover-
a) for a class 1 or class lOa building
within a Detached Housing Zone, does
not exceed-
i. for a single storey building -
50%; or
ii. for a building of 2 or more
storeys - 50% on the ground
floor and 30% for the upper
storey(s), or 40% for all storeys
for a building of 2 or more
storeys;
b) for other classes within a Detached
Housing Zone does not exceed-40%;
c) for the Semi-Attached Housing Zone
does not exceed 40%; or
d) for the Attached Housing Zone does
not exceed 40%.
08 For Multiple Housing Type 2
development has a maximum plot ratio
of 0.45:1.
09 For Multiple housing Types 3 or 4,
Visitor accommodation Type 4 or the
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accommodation unit component of an
Entertainment and dining business
Type 3- the maximum gross floor area
is equivalent to the maximum allowable
population in persons multiplied by
40m'.
010 For the Neighbourhood Centre
Zone and the BusinessCentre Zone the
maximum plot ratio does not exceed-
a) 0.8:1 for the first 2,OOOm'of site
areas; plus
b) 0.3:1 for the balance of the site areas
in excessof 2,OOOm'.
Flooding and drainage 511.1 For new buildings or structures or 011 - Complies. Reference is made
011 Buildings and other works are additions of more than 50m2 gross floor to the requirements of the current
designed and sited to- area to an existing building or structure, conditions 68 to 73 with respect to
a) provide flood free accessto premises floor levels for habitable roams are- possible flooding.
and flood free habitable areas; a) for areas where minimum floor levels
b) allow only minor, short term and are available-not less than the A dwelling house on each lot will
infrequent flooding of non-habitable specified level; need to comply with relevant
areas; b) for areas where flood modelling is freeboard and habitable floor levels
c) ensure carparking areas can be available-a minimum of 300mm requirements (if necessitated) as
adequately drained; above the modelled flood level; and part of subsequent building works
d) ensure drainage does not adversely c) for areas where flood modelling is not application approval process in
impact upon other premises; and available, a minimum of 300mm accordance with QDC, BCAand
e) ensure filling or excavation does not above the highest known flood level; Council's requirements at the time
adversely impact upon other premises AND of lodgement.
by- 511.2 Where Council infrastructure is
i. causing ponding of available-
water on the site or a) any drainage (from buildings and
nearby land; land) flows to that infrastructure; and
ii. increasing flooding, b) the infrastructure has the capacity to
which adversely affects accept any additional loading;
the safety or use of any AND
land upstream and 511.3 For Residential Uses-
downstream; and a) where slab on ground construction is
iii. adversely affecting the used, filling does not extend more than
flow of water in any 1m beyond the building footprint and
overland flow path. access to car parking areas, measured
from outer walls of the building; or
b) the design consists of a suspended
floor construction;
AND
511.4 Car parking and maneuvering
areas are constructed at a level that
permits the parking area to drain from
the site by gravity means, without the
need for mechanical pumping; or
511.5 Basements for residential uses
have flood immunity above the 1%AEP
defined flood event where alternative
means to mechanical pumping are used
to achieve such immunity; or
511.6 Basements for non-residential
uses have flood immunity above the 1%
AEP defined flood event that may be
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achieved by mean, of mechanical
-
U •• A.CONSULTANTS
Comments
!l~
pumping where the mechanical feature
is installed with adequate holding tanks
and an alternative back up power
source.
Sloping sites S12.1 Buildings are of split level design 012 - Not Applicable. The site is not
012 On sloping sites, buildings and that step down the slope or have subject to steep land.
structures are designed to maximise the suspended floor construction;
use of natural slope and minimise the AND
need for cut and fill. S12.2 Cut or fill is less than 2m in depth
relative to natural ground surface;
AND
S12.3 The distance between the ground
and the lowest part of the floor of the
buildina does not exceed 3m.
Raoffarm S13.1 Except for the Business Centre S13.1 & 513.2 • A dwelling house on
013 Roof forms- Zone, the main roof of the building has a each lot will need to comply with
aj contribute positively to the local roo! pitch no less than 5 degrees and has roof form design elements as part of
skyline; minimum 600mm eaves to at least 75% subsequent building works
b) complement the low density of the perimeter of the building; application approval process in
character of the locality; AND accordance with QDC, BCA and
cj do not present an appearance of S13.2 Buildings and structures do not Council's requirements at the time
excessive bulk to side neighbours; include roof top terrace areas. of lodgement.
d) use simple traditional roof designs;
and
e) do not create opportunities for
residents to overlook the private open
soace areas of neiahbourine oroDerties.
Landscaped setting No solution provided. 014 & 015 - Complies. The layout
014 Tall trees and native vegetation add and design ensures the retention of
to the character of the locality and are significant vegetation on the site.
retained;
AND The development approval requires
015 Existing character trees such as significant Tree Retention as part of
eucalypts, poincianas, melaleucas and condition 45. In addition to
figs are retained. retention of trees, street tree
plantings are required as part of
condition 67.
12.10 Environment, Conservation and Recreation
Envlranment and cultural heritage No solution provided 016 • Complies. Layout and design
values Advisory note of allotments has generally been
016 There are no significant adverse P5P24 - Effluent Disposal details designed around already cleared
effects on biodiversity, native requirements for the design and siting of vegetation areas and environmental
vegetation, native fauna habitat, effluent disposal systems where located constraints.
landscape quality, water quality or outside a sewerage service area.
cultural heritage values, including those Compliance with P5P24 will be
related to- considered as part of Council's
a) changes to natural drainage; assessment of the plumbing and
b) disturbance of the wetland system; drainage application
c) management of landslide and fire risk;
d) erosion and the transport of
sediments off site;
ej unmanaged public access;
f) effluent disposal;
aj chanaes to fauna habitat and
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behaviour; and
h) disturbance of buildings and features,
including natural features, of cultural
heritage significance.
Open space network 517.1 Open space corridors and existing 017 - Complies. The proposed
017 An integrated open space network native vegetation in areas indicated in development provides an integrated
is established, enhanced and protected Schedule S - Map 3 are protected from open space network through
throughout the locality to- fragmentation and encroachment by protection of environmental
a) provide for both passive and active development. corridors. Development has been
recreational pursuits; designed around predominately
b) provide connectivity for pedestrians, disturbed areas on the site.
cyclists, and horse riders; Pedestrian and bicycle facilities is
cj provide access to Community Uses required to be provided for this
and buildings, public open space and the development as part of conditions
Noosa River; 25 to 29.
d) provide habitat connectivity for
wildlife;
e) protect watercourses and drainage
lines;
f} protect vegetation on steep siapes;
and
g) form a scenic backdrop for residential
development.
Noosa Trail Network 518.1 No solution provided 018 & 019 - Complies. Pedestrian
018 A comprehensive network of bridle 519.1 Development includes linkages to and bicycle paths are required to be
trails and pedestrian and bicycle links is or between existing or future provided for this development as
established, enhanced and protected components of the Noosa Trail Network, part of conditions 25 to 29.
incorporating road reserves, State as indicated in Schedule 5 - Map 2;
forests, Council owned land and AND
private lands consistent with the 519.2 Development does not have an
lifestyle and outdoor recreation needs of adverse impact on the access functions
the Shire's residents and visitors; of the Noosa Trail Network as indicated
AND in Schedule 5 - Map 2, including
019 Existing and future pedestrian, severing of existing or future linkages; or
bridle trail or bicycle linkages are 519.3 Alternative linkages to those
retained as part of a Shire wide trail indicated in Schedule 5 - Map 2 are
network. provided;
AND
519.4 Linkages to the Noosa Trail
Network are designed and constructed
in accordance with-
al Australian Standard 2156.1 Walking
Tracks Port 1: Classification and
5ignage to a minimum of a Class 4
Standard; and
b) Australian Standard 2156.2 Walking
Tracks Part 2: Infrastructure Design.
Pedestrian and bicycle pathways 520.1 Pedestrian and bicycle pathways 020 - Complies. Pedestrian and
020 Safe and convenient pedestrian and are provided and retained where Bicycle paths are required to be
bicycle pathways are provided and indicated in the Priority Infrastructure provided for this development as
retained between and around key Plan in Part 15; part of conditions 25 to 29.
destinations. AND
520.2 Contributions toward pedestrian
and bicycle pathways are provided in
accordance with the Priority
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Infrastructure Plan in Part 15.
Noosa River 021- Not Applicable. Development
021 Commercial development on and 521.1 No solution provided is not for commercial development
adjacent to the Noosa River is designed adjacent to the Noosa River.
to-
a) provide for uses for marine facility
purposes only;
b) be compatible with the scenic values
of the waterway;
c) provide a high level of amenity,
including ensuring low ambient noise
levels;
d) not increase the overall scale and
intensity of commercial operations;
e) ensure no additional commercial
leases on the Noosa River;
n ensure no net increase in the gross
floor area of buildings or structures;
g) use materials, natural finishes and
colours that blend with the surrounding
natural landscape; and
h) reflect the character and setting of
the locality (such as timber and tin
construction with a traditional pitched
roof design).
022 Commercial development does not 522.1 Development does not increase 522.1- Not Applicable.
extend beyond existing commercial the overall footprint of commercial
lease areas. jetties and structures.
023 The loading and unloading of 523.1 No probable solution S23.1 - Not Applicable.
passengers is confined to the
commercial lease areas of the respective
commercial operation.
DIVISION 24 - SPECIFIC OUTCOMES AND PROBABLE SOLUTIONS FOR THE RURAL ZONE TABLE 12.20
Specific Outcomes Probable Solutions Comments
12.37 Consistent uses
092 The following defined uses and use No probable solution 092 - Complies. The ultimate land
classes are consistent uses and are use on each allotment will be for an
located in the Rural Zone- individual detached house, which is
a) All Agricultural Uses; a consistent use on Rural Zoned
b) Commercial business Type 3; land.
cl Home-based business;
d) Retail business Type 1 if a roadside
stall;
e) Emergency service Type Z;
f) Open space Type 2;
g) Detached house;
h) Community residence;
i) Ancillary dwelling unit; and
j) Visitor accommodation Types 1, 2 or
3.
12.38 Inconsistent uses
093 The following defined uses and use No probable solution 093 - Not Applicable.
classes are inconsistent uses and are not
located in the Rural Zone-
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a) Commercial business Types 1 or 2;
b) Entertainment and dining business;
c) Industrial business;
d) Retail business Type Ilf not a
roadside
stall;
e) Retail business Types 2, 3, 4, 5, 6 or 7;
f) Education;
g) Emergency service Type 1;
h) Open space Type 1;
i) Wellbeing;
j) All Infrastructure Uses;
k) Multiple housing; and
I) Visitor accommodation Type 4.
12.39 Built form
SlopIng sites & rldgelines 594.1 Buildings and associated 094 & 095 - Not Applicable. The
094 Development on sloping sires- accessways are not constructed on land site is not subject to steep land.
a) is responsive to the natural with a slope greater than 1 in 4 (25%);
topography of the site and minimises cut AND
and fill (eg. by stepping down the slope 594.2 Buildings present no more than 2
of the site or using suspended floor storeys at anyone point;
construction); AND
b) does not visually dominate the hill 595.1 On properties with a slope
slope or interrupt the skyline; and exceeding 1 in 4 (25%) or located on
cj is integrated with the natural site ridgelines visible from the major road
characteristics including vegetation; network the roofline of buildings do not
AND protrude above the ridgeline or tree
095 The landscape character and visual canopy.
amenity quality of hill slopes and Advisory Note
ridgelines are retained. On visually prominent hill slopes or
ridgelines buildings should be
predominantly finished in colours and
materials that blend well with the
colours and hues of the surrounding
vegetation and landscape without
causing glare or reflection. Shades in the
violet, blue, green and yellow green side
of the spectrum as well as greys or
browns should be appropriate with
whites or bright colours restricted to
trimmings.
Incompatible uses
096 New dwelling units are to provide No solution provided 096 - Not Applicable.
for sufficient buffer area between the
premises and existing Industrial
business uses on other premises to
avoid any potential adverse amenity
impacts on residents.
12.40 Open space, environment and conservation
Environmental values
097 The environmental values of land No solution provided 097 - The environmental values of
are protected from adverse impacts as a the site will be protected from
consequence of development in or adverse impacts through dedication
adjacent to that land. of 52.757 hectares to parkland.
Further vel/etation outside
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dedicotion will also be protected
through the implementation of
vegetation covenants. It is noted
that stormwater management will
require to be implemented to
ensure appropriate water quality
measures are implemented.
Open space network
098 Land within the Rural Zone forms No solution provided 098 - Complies. The open space
part of an open space network between network within the locality will be
Lake Weyba and the Tewantin State further enhanced through significant
Forest and sub-<:oastalescarpment. dedication of 52.757 hectares of
parkland.
The community's current awareness of the development approval (s388 (b) SPA)
Response
There is reasonable level of community awareness that the site will be developed for rural residential land
use purposes. Despite this development proposal originally being a code assessable application, it is
considered that the community would be reasonably aware of the proposed deveiopment, with respect
to:-
• The development approval (Planning and Environment Court Judgement 344 of 2009 dated 5"'
July, 2013) is publicly available on Council's PD Online system;
• The land adjoins similar land use and is the next in sequence to adjacent and surrounding urban
and rural residential development;
• Out of the 17 direct adjoining landowners, 13 owners have retained ownership for the entire
period since the original development application was lodged;
• The remaining 4 purchasers which acquired adjoining premises after the development was
approved, could have easily obtain information from Council regarding possible developments
and approvals on neighbouring properties as part of their due diligence.
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 (5385 (c)SPA)
Response
The application if it were remade would be subject to a higher level of assessment requiring impact
assessment as the site is now zoned as Rural under the current Noosa Plan 2006. Therefore, if this request
was refused, further rights to make a submission would be available if a fresh development application
was lodged. However, this does not preclude an extension being granted.
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Any submission made in response to the development application, if remade, would unlikely raise any
new issue, as all matters previously were addressed as part of the original development application or
specifically within the conditions placed on the approval.
It is unknown whether new submissions would be lodged, given that the original development application
was Code Assessable. However, the proposed dedication of over 52 hectares of park and associated
pedestrian paths, together with requirements for vegetation protection and rehabilitation result in a net
community benefit which will likely reduce the likelihood of submitters exercising their rights.
The Noosa Plan 2006 states the minimum lot size in the Rural Zone is 100 hectares. The approved
development achieves rural residential lots ranging from 4oo0m' to 9000m',
Despite this non-compliance, approval of the proposal could be granted on the basis that significant
public interest grounds for approval exist despite any potential conflict, in accordance with section
326(1)(b) of the SustaInable PlannIng Act 2009. These grounds include:
• Significant community benefit by way of parkland dedication and construction of pedestrian
pathway network;
• Protection of vegetation areas in perpetuity through parkland dedication and vegetation
covenants;
• Community need for additional range of housing choices and options. It is considered that there is
a need and market for rural residential development within the Noosaville locality having regard
to limited areas available for development due to environmental constraints and SEQregulatory
restrictions.
The views of any concurrence agency for the approval given under section 385 (5. 388
(d) SPA)
Response .
Written notice including a copy of this request has been sent to the each of the concurrence agencies in
accordance with section 383 of the SustaInable PlannIng Act 2009. Attached is a copy of the written
notice, advising each entity that a request for extension to the relevant period has been made to Noosa
Shire Council. The applicable referral agencies include:-
• DNRM for Vegetation Management
• EPAfor Coastal Management District and Contaminated Land
Pleasefind enclosed the following documentation to accompany our application:
1. Completed Assessment Managers Application Form for Extension to Relevant Period;
2. Duly signed Company Owners Consent to the making of the Request to Extend Relevant Period;
3. Council's Extension to Relevant Period fee in the amount of $2,406.00 will be made directly to Council.
We look forward to Council's favourable consideration of this request to extend the relevant period for an
additional 2 years to align with the sunset clause condition 5.
JFPRef: Ml77S Page 18
Page 26
==ac
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a •••
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•
Ne 0 N S U L TAN T S
lll
Should you require any clarification regarding this matter, please do not hesitate to contact the undersigned at
our Central Queensland Office on 07) 4839 4100 or Graeme Bews on 07) S450 3900.
Yours faithfully,
ALLISON DRABSCH
Senior Urban Planner
JfP URBAN CONSULTANTS PlY LTD
Encl: Letter to SARA - DNRM
Letter to SARA - EPA
cc: SARA (DNRM & EPA)
John & Kathy Hofmann
JFP Ref: Ml77S Page 19
Page 27
Allison Drabsch
From: Mailbox Planning <[email protected]>
Sent: Thursday, 2 March 2017 4:49 PM
To: Allison Drabsch
Subject: RE: Request for Assessment Fee for Extension to Relevant Period_191 Hollett Road,
Noosaville
Hi Allison
The application fee for Extension to the Relevant Period as detailed below in your email is $2406 as per Council's
Schedule of Fees & Charges for a "more substantial matter"
You are advised that in relation to a "sunset clause" in the approval (Condition 5) Council is unable to amend this
condition and it would be a matter for the Court. It is suggested you seek legal opinion .
•.•••.•• 0 R"'nflll JI'wtIHI
I t,ill.tO •
I :,tllU:C I
Regards, Trlsh
Trish Sweeney
Administration Officer - Planning Assessment I Noosa Council
Phone: 0753296245
Email: trish. [email protected]
Website: www.noosa.gld.gov.au
Location: Level 3, 9 Pelican Street, Tewantin
Mail: PO Box 141 Tewantin Qld 4565
••
•• NOOSA COUNCIL
Please consider the environment before printing this email
From: Allison Drabsch [majlto:[email protected] au]
Sent: Tuesday. 28 February 2017 4:38 PM
To: Mailbox Planning
Cc: [email protected]
Subject: Request for Assessment Fee for Extension to Relevant Period_191 Hollett Road, Noosaville
P 'ifHRS
UItIlA DE%NE"RS
SlJII:Vh'OlS
I~GI""EnU
l.ANO$IC.APi AItOHTfCTS
URBAN CON 5 U l TAN T5
Attn: Kerri Coyle - Planning & Environment Manager
Could Council please provide applicable assessment fee and calculation method for a request to extend
1
Page 28
the relevant period for the following development approval:-
• Council's Application Reference Number: 152006.1999
• Development Approval Description: P & E Court Order for Development Approval for
Reconfiguring a Lot (Subdivision 1 Lot into 52 Lots plus Park)
• Date of Decision: 13 July, 2013
• Site Address: 191 Hollett Road, Noosaville
• Lot on Plan: Lot 53 on SP163571.
If you have any queries, please do not hesitate to contact the undersigned.
Regards
ALLISON DRABSCH
Senior Urban Planner
JFP Urban Consultants Pty Ltd
P 0748394100
M
F 074972 S444
W www.jfp.com.au
P.D.Box 172, Gladstone, Queensland 4680
The information in this e-mail together with any attachments is intended only for the person or entity to which It is addressed and may contain conrKlential and/or
privileged material. Any form of review, disclosure, modification, distribution and/or publication of this e-mail message is prohibited. If you have received this message In
error, you are asked to inform the sender as quickly as possible and delete this message and any copies of this message from your computer and/or your computer system
network.
~ Please consider the environment before printing this email
2
Used in these records
Request to Extend Relevant Period - 152006.1999.01Related documentApplication case desk ↗
Request to Extend Relevant Period - 152006.1999.01Related documentApplication case desk ↗
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