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Info Request MCU16/0153
Officer Patrick Murphy
Direct Telephone: 5329 6436
Our Reference MCU16/0153
Your Reference 161107
10 February 2017
Thomco No 2087 Pty Ltd
C/- Adams & Sparkes Town Planning &
Development
PO Box 1000
BUDDINA QLD 4575
Dear Sir/Madam
Information Request
Sustainable Planning Act 2009
I refer to your application and advise that Council requires further information to
satisfactorily assess the proposal.
1 APPLICATION DETAILS
Application No: MCU16/0153 REC16/0041
Proposal:
Development Permit for Material Change of Use of Premises
- Multiple housing Type 4 Conventional (26 units), Visitor
accommodation Type 4 Conventional (20 units) and both
Multiple housing Type 4 Conventional and Visitor
accommodation Type 4 Conventional (12) (Total 58 units)
Development Permit to Reconfigure a Lot - 1 Lot into 29 Lots
Street Address: 215 David Low Way PEREGIAN BEACH QLD 4573
Real Property Description: Lot 77 SP 231615
Planning Scheme: The Noosa Plan (28 October 2016)
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au
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MCU16/0153
2 INFORMATION REQUIRED
The information requested is set out below:
Issue- Economic Needs Analysis
The submitted Economic Needs Analysis does not examine the implications of the
proposed development on another short term accommodation market, namely camper and
Recreational Vehicle (RV) users.
The submitted Economic Needs Analysis does not provide sufficient information regarding
demand and supply factors.
The affordability argument made by Urban Economics is not fully resolved as the price point
for the Essence of Peregian Beach is not defined.
Information Required
The Economic Needs Analysis updated to include:
1. An examination of the implications of the proposed development on campers and
RV users.
2. The likely price point of both short stay accommodation and permanent resident
housing as part of the development and how this compares to the current pricing in
the area.
3. The specific trend at an SA2 level in terms of occupancy rates and an assessment
of this trend
4. The appropriateness of this site for the planned development in relation to the
possibility to provide the development on other sites within the region.
5. The ability for other sites within the region to provide additional permanent
residential dwellings to cater for projected population growth in Peregian Beach.
6. The demand for this type of short stay and permanent resident accommodation to
be established and the supply of existing facilities to be fully examined
7. The differences that the Essence of Peregian Beach development will provide
relative to existing accommodation types.
8. To support the contention that there has been limited investment of visitor
accommodation facilities over the past decade across the Sunshine Coast Tourism
Region (SCTR), ABS tourist accommodation figures should be sourced to show the
trend in different accommodation types (i.e. hotels and resorts; motels; private
hotels and guest houses; and serviced apartments) for the SCTR and the Peregian
Beach SA2 over the last decade.
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9. An assessment of the increased diversity of residential three and four bedroom
dwellings to be provided as part of the development in terms of the number of
current and future three and four bedroom dwellings in the immediate area, the
wider Sunshine Coast or at other similar SA2s. The supply and demand of three and
four bedroom dwellings, including number of sales should be included..
Issue – Water Quantity
No information has been provided in regards to water quantity management for the
proposed development.
Information Required
10. Further information is required to demonstrate how increased flow rates resulting
from the additional impervious areas will be mitigated to ensure a non-worsening of
peak flows discharging from the site.
Issue – Water Quality
No MUSIC file (.sqz) file has been provided for the model to allow verification of parameters
used in the water quality assessment.
The SMP has stated that model parameters are in accordance with the WaterbyDesign
MUSIC Modelling Guidelines however it does not contain reporting tables for parameters
used in the model.
Information Required
11. MUSIC file (.sqz)
12. As per Appendix B of the WaterbyDesign MUSIC Modelling Guidelines critical
elements required include:
a. What evapotranspiration data has been used;
b. How the surface area for the bio-retention devices was calculated. Specifically,
has it been calculated using the median surface area method (not the surface
area at the top of the extended detention depth);
c. Other general bio-retention treatment node parameters including but not limited
to TN content, saturated hydraulic conductivity and orthophosphate content; and
d. Details in relation to how areas outside of the road reserve that are included
within the MUSIC catchments will be conveyed to the treatment systems.
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Issue – Noise monitoring of IGA loading dock
The acoustic report makes some assumptions regarding the number, timing and noise
levels of trucks that access the IGA loading dock but does not verify the assumptions by
attended observations or by noise monitoring on the subject site at representative façade
locations near the loading dock. The acoustic report assumes that there will only be a
limited number of delivery vehicles that will access the loading dock or shopping village and
only after 7am.
Information Required
13. Unattended noise monitoring shall be conducted at a location on the development
site that has a clear view of the loading dock and car park at a height representative
of the façade of the first floor motel units for a minimum period of one week. The
noise logger is to have one-third octave spectral data and audio recording
capabilities so that the source of noticeable dominant events may be confirmed and
the contribution of extraneous noise sources may be identified. The noise logger is
to record levels continuously with a sampling period no greater than 1 second and
preferably one-eighth of a second (FAST response). Of particular interest are the
times, durations and frequency spectra of trucks accessing the loading dock for
deliveries or waste collection prior to 7am daily and vehicle and patron noise after
10pm.
Issue – Noise monitoring of IGA roof plant
The air-conditioning and refrigeration plant for the IGA are mounted on the roof of the IGA
store. The noise emissions are stated in the acoustic report to have been previously
measured by ASK on the roof of the IGA store. Plant noise levels but no acoustic spectral
information is provided in the acoustic report. The acoustic report does not state whether
the propagated noise at the receptor locations is likely to be predominantly low frequency,
or whether it has low frequency tonal components.
14. A SoundPLAN noise model of the IGA roof-top mechanical plant shall be prepared
based upon octave or one-third octave spectral noise data for the roof-top
mechanical plant. Noise levels shall be predicted which show the predicted noise
contours (1m grid) at the motel (first and second storeys), the four nearest attached
houses (first floor) and the nearest linea unit (first floor), with and without the
proposed partial enclosure around the mechanical plant. The noise contours shall
demonstrate that the proposed partial enclosure barrier (1m height above the height
of the mechanical plant) around the sides of the mechanical plant deck provides
sufficient noise mitigation for all affected receptors to achieve compliance with the
external noise limits.
15. Noise calculations shall be conducted which predict the internal noise levels in the
motel unit (first and second levels), houses and linea units (upper levels) to confirm
compliance with the internal noise criteria in each type of habitable space.
Calculations should demonstrate the transmission loss of the building envelope of all
affected habitable spaces provides sufficient noise attenuation to achieve
compliance with the internal noise limits for IGA mechanical plant noise emissions,
including adverse noise character adjustments. The building envelope noise
intrusion calculations should be conducted in accordance with the method of
AS3671 based upon octave spectral levels and the building envelope construction
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details. Building constructions details shall be confirmed for all building envelope
constructions. Copies of calculations are to be provided for review by Council.
16. Similarly, maximum noise levels recorded prior to 7am shall be used to demonstrate
compliance with sleep disturbance criteria in bedrooms for short duration noise
events emanating from activities on the shopping village site prior to 7am and after
10pm. Building envelope noise intrusion calculations for maximum noise levels to
demonstrate compliance with the sleep disturbance criteria shall be provided for
review by Council (as for item 3 above).
Issue - Noise Monitoring of Peregian Hotel
The acoustic report has not referenced the hotel license, or the unreasonable noise criteria,
or Council conditions in its assessment of the noise impact of the hotel approval conditions
and operations upon the proposed development, in particular, the linea houses along the
eastern boundary of the development site.
Information Required
17. A detailed report of the hotel noise emissions having regard to the License, OLGR
unreasonable noise criteria and Council conditions. The report is to indicate the
noise mitigation plan required for the hotel to achieve compliance with all of the
relevant criteria and development conditions, assuming that the proposed residential
development is approved. The detailed report is to be based on source noise levels
measured at the Peregian Beach hotel site.
The noise mitigation plan is to be agreed between the hotel and the developer with a
formal commitment by each party to implement the plan prior to commencement of
construction of the proposed development if it is approved by Council. The
implementation of the plan is to be certified by a suitably qualified and independent
acoustic consultant.
The detailed report is to confirm that the hotel building envelope, including windows,
will achieve compliance with the unreasonable noise criteria when windows are
closed, given the internal source levels stated in the License. The detailed report is
to include consideration of all noise sources associated with the hotel operations on
the site.
Issue - Noise Monitoring of Peregian Hotel
The acoustic report recommends upgrades to the building envelope constructions of the
linea houses. The report does not state whether the recommendation includes both levels
of the houses or only the upper level, or only some of the upper level constructions, or
upper level constructions for all of the houses.
Information Required
18. Following preparation of the detailed report for the hotel noise emissions, the
building envelope sound transmission loss specifications for the linea houses is to
be confirmed. The acoustic specification of the building envelope constructions is to
include sketches showing the construction details of glazing, walls and roof-ceilings
for each bedroom and living areas affected by the hotel noise emissions. The
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confirmation report is to indicate that the internal noise levels of all bedrooms and
living areas will achieve satisfactory internal noise levels due to all noise sources
associated with the operations of the hotel on the site.
Issue – Bushfire Management Plan
The JWA Ecological Consultant letter dated 16 December 2017 refers to an approved
Bushfire Management Plan by Council in October 2015. Council does not have a record of
an approval relating to an approved Bushfire Management Plan for the site.
Information Request:
19. Provide evidence of Council’s approval in October 2015 of the Bushfire
Management Plan (DFS Group 2015) as described in dot point one of JWA
Ecological Consultant letter dated 16 December 2017.
Issue – Bushfire Management Plan
The Bushfire Management Plan (DFS Group 2015) addresses bushfire management
associated with the development of south eastern most portion of the site -IGA (figure 2).
The use of this portion of the site is materially different, in location, size and use, to the
proposed use of the site. The Bushfire Management Plan does not address the proposed
use of the site and compliance with the Natural Hazards Overlay Code for Bushfire Hazard
Area.
Information Request:
20. Prepare a Bushfire Management Plan for the proposed use of the site that
addresses the requirements of the Noosa Plan Natural Hazards Overlay Code for
Bushfire Hazard Area.
Issue – Bushfire Management Plan
The JWA Ecological Consultant letter dated 16 December 2017 refers to adjacent land to
the west (park) contributing to the asset protection zone. This is not acceptable to Council
as all bushfire management requirements/measures must be wholly contained and
managed by the proposed development. Reliance on land managers outside the
development area for reducing bushfire risk must not be a bushfire response strategy.
Information Request:
21. Prepare a Bushfire Management Plan for the proposed use of the site that
addresses the requirements of the Noosa Plan Natural Hazards Overlay Code for
Bushfire Hazard Area. All bushfire management requirements/measures must be
wholly contained and managed by the proposed development and not rely on or
place liability on adjacent landholders.
Issue – Bushfire Management
The State Planning Policy – Natural Hazards and Risks and Resilience Bushfire Hazard
mapping shows the lot containing Medium Potential Bushfire Intensity and Potential Impact
Buffer. The referenced Bushfire Management Plan (DFS Group 2015) classifies the
Potential Bushfire Intensity as Very High using the Quantitative Risk Modelling.
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Information Request:
22. Prepare a Bushfire Management Plan for the proposed use of the site that
addresses the latest SPP Fireline Intensity Model (CSIRO) using an FFDI of 48 to
derive the appropriate bushfire hazard class for the lot.
Issue – Bushfire Management
Vehicular access to the site is through the western portion of the site. In the event of a
bushfire smoke and flame can impact on the safe evacuation of the site and the safety of
emergency personnel and equipment.
Information Request:
23. Provide further detail on the safe access/egress of residents, visitors, vehicles and
emergency personnel and equipment in the event of a bushfire within the proposed
asset protection zone. It is recommended written assessment by QFES of the
document is provided to assist with the appraisal.
Issue – Bushfire management
It is noted in the JWA Ecological Consultant letter dated 16 December 2017 is located
within the proposed asset protection zone with a “relaxation sought”. It is difficult to assess
how a relaxation will assist the safety of the residents of unit 10 and the asset in a bushfire
event.
Information Request:
24. Provide further information on the location of Unit 10 within the proposed asset
protection zone or alternatively, provide information relating to the development that
meets The Noosa Plan Outcome 4 of the Natural Hazards Overlay Code for
Bushfire Hazard Area.
Issue – Effect of Landscape Concept Plan on Bushfire Management
The Landscape Concept Plan shows landscaping to the asset protection zones. This has
the potential to move the asset protection zones eastwards.
Information Request:
25. Provide an appraisal of the Landscape Concept Plan with relation to the Bushfire
Management Plan and asset protection zones.
Issue: - Traffic
Carport, car space and garage dimensions have not been provided.
Information Request:
26. Provide further information detailing the dimensions of all garages, car spaces and
carports. Please note that all car parking must be in accordance with the relevant
user class as defined in AS/NZS2890.1:2004
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Issue: - Traffic
The traffic report identifies 75 car spaces associated with the “Free Standing Units”.
The 8 visitor spaces are clearly identified on the plan however the location of the remaining
67 car spaces is unclear.
Information Request:
27. Amend the plans to clearly identify, by number, the car spaces associated with the
free standing units.
Issue: - Traffic
The pedestrian paths which link the Attached Units” with the external pathway system do
not provide safe and adequate connectivity.
Information Request:
28. Modify the proposal to provide convenient pedestrian paths from the unit building to
the existing path in Sandpiper Court, and to the existing path system at the shopping
centre (running adjacent to the parallel visitor parking bays).
Issue: - Traffic
All dwellings face an internal road which is extensively occupied with crossovers/driveways
therefore there is limited room for the placement of household waste bins.
Information Request:
29. Accurately identify where wheelie bins would be placed along the internal roadway
for collection, for each dwelling, allowing for both general waste bins and recycle
bins.
Issue: - Traffic
There is proposed to be a sudden change in roadway width where the new access road
joins to the existing roadway system.
Information Request:
30. The proposed new roadway should be modified to achieve a satisfactory transition
to the match the existing roadway width.
Issue: - Traffic
Motel parking bays are user class 2, and visitor parking bays would also be considered at
least user class 2 (medium term parking). If the 12 units are to be used for short term
accommodation then the associated spaces would also be user class 2.
Information Request:
31. The parking spaces under the unit building should be increased in width to 2.5m
(minimum). The visitor spaces at the unit building also need to be identified on the
plan.
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Issue: - Traffic
Car spaces 14 -16 within the basement of the “Attached Units” building appear to be
compromised by an internal wall.
Information Request:
32. If the location of the wall has been included in error then the plans should be
amended to remove the wall. If the wall is not an error then either an alternative car
parking layout or evidence that the wall does not compromise vehicle movements
must be provided.
Issue – Secondary dwelling units in conjunction with House Type 3
The layout of House Type 3 includes a secondary dwelling where it is noted that separate
car parking and access is to be provided to each secondary dwelling, there is also no
physical linkage between the secondary dwelling and the main dwelling unit. A secondary
dwelling is a dwelling used in conjunction with, and subordinate to, a detached house on
the same lot. Multiple Housing does not provide for the use of a secondary dwelling and
accordingly it is considered that each of the proposed secondary dwellings is a separate
dwelling unit.
Information Required:
33. Amended plans that detail access to the one bedroom units only through the main
dwelling or alternatively the development application be amended to include the
additional 10 dwelling units with the associated planning assessment amended to
factor the impact of the additional 10 dwelling units on car parking, density etc. It is
important to note that Council has preliminary concerns with the amount of
permanent residents currently.
Issue – Proposed Uses and Design Outcomes
The proposed land use is a substantial variation from that which has previously been
approved on the site or is supported under the Open Space Recreation Zone. As the
proposed style of development is more consistent with that expected to be found within the
nearby Semi-Attached Housing Zone it is considered that the development should be
compatible to both the Specific Outcomes and Probable Solutions for the Eastern Beaches
Locality related to the Semi-Attached Housing Zone and the existing built form and
established character within Peregian Beach.
Information Required
34. Calculation of density, site cover, gross floor area, planting area and plot ratio
having regard to the limitations in the Specific Outcomes for the Eastern Beaches
Locality (Semi-Attached Housing Zone). These calculations must be based on a site
area which excludes the land dedication included in the Court Order approval
(Appeal 25847 of 2008) and the land associated with the Shopping Centre approval.
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Issue – Building Design
The design of House Types 1, 2 and 3 and the Camden Houses are considered to be bulky
as insufficient eaves have been provided.
Information Required:
35. Amended plans that detail the provision of minimum 600mm eaves to at least 75%
of the permitter of the main roof of the buildings.
Issue – Building Height
As a result of the proposed filling of the site both the Multiple Housing dwellings and Visitor
Accommodation/Shared Housing building exceed the preferred maximum building height.
Of particular concern is the height of the Accommodation/Shared Housing building and how
this may affect vistas from David Low Way towards the National Park and Cooroy Mountain.
Information Required
36. A perspective of the development taken from David Low Way looking over the IGA
car park towards the development, the National Park and Cooroy Mountain.
Issue – Effect of fill
The proposal includes the filling of the land which will affect the level of the land at the
property boundaries and includes the provision of concrete “fill walls” up to 2.0 metres in
height.
Information Required
37. Elevation plans looking of the property boundaries from outside of the subject land
which clearly detail the colour, materials and height of the concrete “fill walls” and
any fencing that is proposed to be placed on top of these walls. It should be noted
that walls and fencing that result in excessive bulk are unlikely to be supported and
that the extent of filling of the site may need to be reduced.
Issue - Protection of vegetation near buildings adjoining Rufous Street
It is noted that vegetation presently exists adjacent to the Rufous Street boundary that is
likely to be impacted by the proposed development.
Information Required
38. An arborist report which assesses the trees adjacent to the Rufous Street boundary
with recommendations of construction requirements for the retention of significant
vegetation and other vegetation that contributes to the established character of the
area.
Issue – Solar Access to House Type 3
The east-west orientation of House Type 3 in conjunction with the proposed narrow lots
raises concern regarding each dwellings access to sunlight, it is considered that plan SD14
provides insufficient information to assess the solar access to these dwellings.
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Information Required
39. Plans which detail the amount of solar access provided to north facing windows of
the upper and lower levels and open spaces areas of House Type 3 – this should
include shadow diagrams and that provide detail of the amount of hours of solar
access that these windows and open space areas will receive.
Issue – Elevations for House Type 3 (SD13)
Drawing SD13 House Type 3 Section Analysis identifies varying roof forms and floor
layouts which are not depicted in the floor and elevation plans.
Information required
40. Floor and elevation plans for House Type 3 that accurately depict proposed building
styles for this house type.
Issue - Earthworks
The extent of earthworks proposed appears to be excessive and unnecessary. It is also
noted that the submitted services report suggests that the batter on the western boundary
should extend into the adjacent Reserve area.
Information required
41. Provide additional comment on:
a. the need for the proposed filling of the site and it’s impacts on the adjoining
properties, and
b. a proposed retaining system (batters, walls and other structures) that is
wholly contained within the subject site
Furthermore it is important to reiterate the written advice to the pre-lodgement meeting held
on 14 December 2016:
The Open Space Recreation zone in Peregian Beach specifically seeks to protect
and retain the site for low cost visitor accommodation needs reflective of the site’s
previous use as a caravan park, but also acknowledges that a range of visitor
accommodation may be provided where integrated with budget accommodation.
There is no support given to permanent residents on the site.
It is noted that the current approval included only visitor accommodation, with no
permanent resident accommodation proposed. This approved development was
supported by Council through an appeal process as it was acknowledged that it
included low to mid cost visitor accommodation being a reasonable alternative to the
Planning Scheme’s intent to retain the caravan park.
It is considered the current proposal does not meet the Planning Scheme’s intent for
the site as there is a lack of and a limited range of visitor accommodation
proposed…….
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Whilst a final determination has not been made on this matter and it is noted that an
Economic Needs Analysis was submitted with the application; the limited range of visitor
accommodation proposed in conjunction with the primary use of the site for permanent
residential living remains as a significant concern.
End of Information Request
Under the provisions of the Sustainable Planning Act 2009, you have three options
available in response to this Information Request. You may give the assessment manager
(in this instance Council) and each referral agency (if any):
(a) all of the information requested; or
(b) part of the information requested together with a letter asking the assessment
manager and each referral agency to proceed with the assessment of the
application; or
(c) a letter;
(i) stating that you do not intend to supply any of the information requested; and
(ii) asking the assessment manager and each referral agency to proceed with
the assessment of the application.
Please be aware that under Section 279 of the Sustainable Planning Act 2009, the
applicant must respond to the Information Request within 6 months or any further period
agreed between the applicant and Council, otherwise the application lapses.
A response to the above is required to be submitted, prior to further assessment of the
application. If any further matters arise as part of assessment of this application, you will be
advised accordingly.
Council prefers that all the information requested be submitted as one package. A
preliminary assessment only of the application has been undertaken and during the formal
decision stage, or as a result of public exhibition, other matters may arise.
Should any Concurrence Agency make an Information Request, you are reminded of your
obligation to provide Council with a copy of the information provided to that Concurrence
Agency.
You may wish to follow the progress of this application online at www.noosa.qld.gov.au .
The “PD Online” page can be accessed via "Quick Links" on the left hand side of the
screen. A disclaimer will appear; upon clicking “agree”, a search for a development
application or property address can be carried out.
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Should you have any further queries in relation to the above, please do not hesitate to
contact Patrick Murphy on 5329 6436.
Yours faithfully
MR PATRICK MURPHY
COORDINATOR PLANNING
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