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2019-12-10 Planning & Environment Committee Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 10 December 2019
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson, Tony Wellington
“Noosa Shire – different by nature”
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Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
DEPUTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 MCU18/0138 MATERIAL CHANGE OF USE - EDUCATION - TYPE 3 ADULT AT 64
POINCIANA AVENUE AND 5 MOORINDIL STREET, TEWANTIN 3
2 MCU19/0089 MATERIAL CHANGE OF USE - RETAIL BUSINESS TYPE 5
VEHICLE USES RETAIL BUSINESS TYPE 2 SHOP AND OPW19/0160
OPERATIONAL WORKS - SIGNAGE AT 52 - 54 MARY STREET NOOSAVILLE 21
3 MCU19/0017 & RAL19/0004 - REPRESENTATIONS TO CONDITIONS -
MATERIAL CHANGE OF USE FOR COMMERCIAL BUSINESS - TYPE 1 OFFICE,
TYPE 2 MEDICAL, ANCILLARY DWELLING UNIT AND RECONFIGURATION OF
A LOT - ACCESS EASEMENT AT 36 & 40 HOFMANN DR, NOOSAVILLE 57
4 MCU19/0030.01 - MINOR CHANGE APPLICATION FOR A MATERIAL CHANGE
OF USE - MULTIPLE HOUSING - TYPE 4 CONVENTIONAL (3 UNITS) - 217 AND
219 GYMPIE TERRACE, NOOSAVILLE 62
5 NEW REPORTING REQUIREMENTS FOR INFRASTRUCTURE CHARGES AND
TRUNK INFRASTRUCTURE 75
REPORTS FOR NOTING BY THE COMMITTEE 82
6 NOOSA BIOSPHERE RESERVE FOUNDATION - 2018/19 ANNUAL REPORT 82
CLOSED SESSION -
Page 2 of 84
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU18/0138 MATERIAL CHANGE OF USE - EDUCATION - TYPE 3 ADULT AT 64
POINCIANA AVENUE AND 5 MOORINDIL STREET, TEWANTIN
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/ MCU18/0138
Attachments Nil
APPLICATION DETAILS
Applicant U3A NOOSA
Proposal Material Change of Use - Education - Type 3 Adult
Ancillary Carpark
Properly Made Date 11 October 2018
Information Request Date 1 November 2018
Information Response Date 21 November 2018
Decision Due Date 17 May 2019
Number of Submissions 9 Properly Made and 1 Not Properly Made
PROPERTY DETAILS
Property Address 64 Poinciana Avenue Tewantin Qld 4565
5 Moorindil Street Tewantin Qld 4565
RP Description Lot 601 SP 146047
Lot 6 RP867315
Land Area Lot 601 - 1046m²
Lot 6 - 3270 m²
Existing Use of Land Lot 601 – Professional Offices, Laboratory and Service Industry
Lot 6 - Church, Hall & Administration Building
STATUTORY DETAILS
SEQRP Designation Urban
Locality Tewantin
Zone Attached Housing
Overlays Natural Hazard Overlays (Acid Sulfate Area)
Assessment Type Impact
Page 3 of 84
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 December 2019 regarding Application No. MCU18/0138 for a
Development Permit for Material Change of Use - Education - Type 3 Adult (University of the
Third Age – U3A) situated at 64 Poinciana Avenue, Tewantin and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name
1 A Top Floor North submitted to Council on 28.08.2018
2 A Upper Floor South submitted to Council on 28.08.2018
3 A Ground Floor North submitted to Council on 28.08.2018
4 A Ground Floor South submitted to Council on 28.08.2018
Nature and Extent of Approved Use
3. A maximum of 57 persons are permitted on site at any time, consisting of:
a. 50 students;
b. 5 tutors; and
c. 2 volunteer receptionists
4. The approved operating times are as follows:
a. Staff/Tutors on site Monday to Friday between 8.30am to 4pm; and
b. Students on site Monday to Friday after 9am
Car Parking
5. A minimum of 12 car parking spaces must be provided and marked on the site, and
made available and accessible at all times while the use is operating.
6. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Advertising Devices
7. Any advertising sign or device must comply with Council's policies on advertising.
Sunset condition
8. This development permit lapses on 19 December 2024, unless written consent is
provided by Council’s delegate to extend the approval. In assessing an extension to
the approval, Council will have regard to the use’s impact on local on-street car
parking and any other relevant matters.
Page 4 of 84
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
B. Find the following matters relevant to the assessment and sufficient reason to approve the
application:
1. The proposed use provides a highly valued community service and facility for the
community and opportunities for social interaction for all members.
2. The site has not been used for residential purposes for a significant period of time as
it was approved for Professional Offices in 1981.
3. The draft scheme proposes to re-zone the site to Community Facilities Zone
(annotation 6 – Educational Establishment) under which the proposal would be a
consistent use subject to code assessment.
C. That Council resolve that any future application fees to change or delete condition 8 will be
waived.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks approval for an existing Community Use, defined as ‘Education - Type 3
Adult’. The use is currently operated by the University of the Third Age Noosa Regional U3A Inc
(U3A Noosa) within an existing office building located at 64 Poinciana Ave Tewantin (aka Mitchel
House), refer to Figure 1. At the time the application was made in October 2018 the applicant
advised that Noosa U3A had approximately 800 members.
The applicant describes the proposed use as follows:
“U3A Noosa is a self-help self-managed, not-for-profit organisation catering to the local
community who are no longer in full-time work, semi or fully retired.
Members come and learn together, not for qualifications but for its own reward; the sheer joy of
discovery.”
The proposal includes utilising part of the existing Catholic church’s car park located at 5
Moorindil Street, Tewantin (refer to Figure 2). The use of this car park is proposed to be secured
via a lease agreement between the applicant and property owner.
Specifically the proposed use seeks approval for:
‘Education - Type 3 Adult within the existing building. No changes to the existing building or
outdoor area is proposed as part of this application.
A maximum of 57 persons onsite at any time, consisting of:
i. 50 students;
ii. 5 tutors; and
iii. 2 volunteer receptionists’.
Operating times as follows:
i. Two Staff onsite Monday to Friday between 8.30am to 4pm; and
ii. Classes onsite Monday to Friday between 9am to 4pm.
27 ‘onsite’ car parks distributed as follows:
i. 12 car parks, including a loading bay, located onsite at 64 Poinciana Ave Tewantin;
and
ii. 15 carparks located onsite at 5 Moorindil Street Tewantin.
Page 5 of 84
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
It is noted the applicant’s traffic engineer concludes a peak car parking demand of 39 spaces is
required, based on a staff and student survey results (i.e. approximately 1 carpark per 1.4
persons). Hence there is a shortfall of 12 onsite car parks. The applicant proposes that these 12
carparks be accommodated by the existing on-street parking, of which there are 47 available on
road marked car parks in the immediate area, being:
13 two hour parks on Moorindil Street adjacent to the child care centre;
5 fifteen minute (unlimited between 9.30am and 14.30pm) on Moorindil Street adjacent to
the child care;
8 two hour carparks on Poinciana Avenue adjacent to the development;
16 no limit car parks on Poinciana Avenue; and
5 no limit car parks on Moorindil Street, opposite the church.
The applicant submits that there are 146 on road carparks available within 200m of the site, of
which 50% are not utilised based on desktop assessment of aerial images during weekdays.
Of relevance to the assessment of this proposal, it is noted:
Part of the required onsite car parking is secured only by a conditional lease agreement
between both property owners;
The car parking lease agreement between the applicant and the land owner of 5 Moorindil
Street, Tewantin is subject to the following clauses:
i. “10. Either party to this agreement may terminate this agreement with 2 weeks
written notice to the other party.
ii. 12.The hire is a non-exclusive hire of the area and the Parish cannot guarantee that
car parking will be available on all of the days covered by this agreement.”
The car parking at 5 Moorindil Street, Tewantin, is accessed from the existing building via
Council’s connecting paths and a pedestrian crossing point across Poinciana Avenue. The
pedestrian connection length is about 135m.
A peak demand overflow of 12 car parks is proposed to be accommodated within Council’s
existing on-street car parking; and
The traffic engineering report is silent on the likely future availability of the existing on-street
car parking.
Council has received several complaints from nearby residents about excessive on-street
car parking in the locality. Council investigations into the complaints found that Noosa U3A
was operating without a development permit, with sometimes up to 109 students onsite at
any one time.
The application is before Council in accordance with the current decision making delegations
because the proposed Education - Type 3 Adult is identified as an inconsistent use within the
Noosa Plan and associated car parking issues. The following figures provide detail of both site,
on-street car parking in the vicinity of the site and the pedestrian connection to the site from the
church car park.
Page 6 of 84
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Figure 1 - Existing building at 64 Poinciana Avenue, Tewantin, currently approved for Professional Office
uses.
Figure 2 - Existing car parking at 5 Moorindil Street, Tewantin which forms part of the site.
Figure 3 - Existing on-street near closest to the site proposed to be used during peak periods.
Figure 4 - Existing on-street closest to the site proposed to be used during peak periods.
Page 7 of 84
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Figure 5: Aerial Image of the site, illustrating the pedestrian connection between the car park and proposed
building
2. SITE DETAILS
2.1. Background
The site includes two separate parcels of land (i.e. 64 Poinciana Avenue and 5 Moorindil Street,
Tewantin) plus utilisation of on-street carparking.
The background of each parcel of land and the on street carparking is addressed separately
below.
64 Poinciana Avenue, Tewantin
64 Poinciana Street, Tewantin has been previously approved for several uses as follows:
23 September 1981, a new 2 storey building (570m² GFA) for ‘Professional Offices and a Testing
Laboratory’, including a maximum of 26 employees) was approved (Council Reference 1478)
(refer to Figure 6). The approval was conditioned to provide permanent covered and sealed car
parking on site for 9 vehicles (i.e. no additional visitor spaces). It is understood this development
permit commenced as approved.
Page 8 of 84
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Figure 6 – Extract from plans of development approved 23 September 1981
26 July 2001, a reconfiguration of a lot (1 into 2 Lots) and new 2 storey ‘Professional
Offices and Medical Centre’ building and uses on the resultant vacant lot was approved
(21483DA). The approval was subject to a vehicle access easement from Moorindil Street,
through 64 Poinciana Avenue to the rear of the new lot. It is understood this development
proceeded as approved and is as currently exists at 66 Poinciana Street.
Noosa U3A (i.e. the Applicant) commenced an Education - Type 3 Adult use in April 2014.
For confirmation, the applicant is aware the existing building is classified Class 5 and hence
needs to be reclassified to a Class 9b to support educational uses in accordance with the
Building Act 1975. It is understood the applicant is currently undertaking the necessary actions
required to reclassify the building.
Of relevance to this application, it is noted the approved car park layout for 13 spaces has
changed to what now exists as follows:
A total of 13 carparks to 12 carparks including a loading bay;
Carparks 1 to 7 on the northern boundary converted to 8 carparks;
Carpark 9 and 10 converted to a single PWD bay;
Carpark 13 changed to a Loading Bay; and
Carpark 8 converted to a landscaped area. The applicant was contacted regarding if it was
feasible for them to convert this area into a car park. The applicant’s response was:
Page 9 of 84
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
“By the way, with regard to car space 8 that we were discussing the other day, the
Committee was quite happy to fund the paving of that extra car space but it just seemed
impractical given the planned widening of the path to accommodate invalid chairs and the
need to remove a substantial tree just to increase the headcount allowed in house by 2.5.”
It is noted that the subject tree appears to be a well formed and mature Tuckeroo which provides
substantial screening to the building and improved visual amenity to the site and wider locality
(refer to Figure 7). On this basis, Council officers also consider that the subject tree should be
retained and protected.
Figure 7: Photo illustrating tree that would need to be removed to construct Car Park 8
5 Moorindil Street, Tewantin
5 Moorindil Street, Tewantin currently supports a Place of Worship and Car Park as approved on
8 March 1994 (Council Reference TPC2631). Of relevance to this application,
Mass and Service Times are currently 8.30am Monday, Thursday and Friday and 5pm
Saturday and 7am and 10am Sunday. These times are subject to change.
The carpark is not sealed and marked. Further there is no connecting sealed path from the
carpark to Council’s footpath network, resulting in users crossing an unformed landscape
area from the carpark to Council’s footpath on Poinciana Avenue.
Condition 2 of the approval requires 21 sealed onsite car parks in accordance with the
approved plan (refer to Figure 8). It is noted the existing car parking contravenes the
approval on the basis the:
i. Carpark arrangement has since changed; and
ii. Carpark area has not been sealed.
On this basis, and post Council’s decision of this application, it is recommended that Council’s
compliance officer raises this to the attention of the landowner.
Page 10 of 84
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Figure 8 – Extract from Approved Plan highlighting 21 sealed onsite carparks at 5 Moorindil Street
On-street Carparking
Council has received several complaints from residents in Toolar Street about traffic
management concerns and in particular, congestion and safety concerns directly associated with
what is deemed by them as excessive on-street car parking in Toolar Street.
As a result, Council has undertaken several investigations into the management of traffic at this
location including:
Traffic engineering investigations, which resulted in placement of yellow lines (i.e. no
parking areas) at the intersection points; and
Land use investigations.
The land use investigations found that there was high use of available on-street carparking which
likely resulted from a combination of uses, including use of the:
Masonic Hall
Child Care Centre and Tewantin Noosa Playgroup
‘Private Home Occupation - Medical Centre’ and ‘Service Station’
Ward Park
Mixed multi-unit, duplex and single residential dwellings
Noosa U3A
It is also noted that the area may be used as car parking for employees of business located in
Poinciana Avenue. There is no time restriction within Toolar Street whilst the car parks located
behind the premises on the southern side of Poinciana Avenue are subject to timed car parking.
Each of the above uses and the associated car parking arrangements is described below.
Page 11 of 84
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Masonic Hall
The Masonic Hall was approved on 19 June 1995 for Indoor Entertainment uses.
At the time of the application for the Masonic Hall it was submitted that there was extensive on-
street car parking in Moorindal Street should overflow parking be required. On this basis, Council
accepted an informal car parking arrangement that currently exists on the site today. Background
information indicates this informal arrangement can accommodate parking for about 15 cars.
Currently the hall is open for hire at any time. It is understood the hall is generally hired by
various groups three times a day, being typically twice a day during business hours and again
after 5pm, each event hosting about 10 to 30 participants. However events and participant rates
fluctuate significantly from week to week.
Child Care Centre and Tewantin Noosa Playgroup
The Child Care Centre and Tewantin Noosa Playgroup are located immediately adjacent the site.
Council designed and constructed the Tewantin Child Care Centre in the late 1970 or early
1980’s. It is understood the existing on-street parking arrangement was constructed at or about
the same time to accommodate car parking generated by these uses. These uses have no on-
site car parking and fully rely on the existing street car parking.
The Child Care Centre was operated by Council up to early 2000’s (possibly 2005). The centre
consists of 3 rooms and cares for children from 6 weeks through to 5 years old. Two of the rooms
can have up to 25 children within each room and the babies room can have up to 10-15
depending on ages. Each room has approximately 3 staff and 2 floaters plus the director of the
centre. Hence there can be up to 9 staff onsite at any time. In combination with parents dropping
off their children, there can be up to 70 person’s onsite each morning and afternoon. This would
occur over a 2 hour time period generally around 7am to 9am and again 2.30pm to 4.30pm.
The Tewantin Noosa Playgroup currently hosts sessions on Monday, Tuesday, Wednesday and
Friday from 9.30am to 11.00am and can have up to 10 to 15 mothers and babies/toddlers
attending. The playgroup have been in this location since 1973.
On this basis, it is likely that on any given morning between 7am and 11am there could possibly
be up to 70-90 car movements in and out of the carparking within proximity of the Child Care
Centre and Tewantin Noosa Playgroup.
Staff for the Tewantin Childcare are no longer able to park in the on street carpark at the front of
the centre as Council last year changed the parking from all day parking to timed parking so to
better manage existing car parking issues.
Service Station
A Service Station use exists opposite the site. This use provides sufficient onsite car parking.
Ward Park
An entry point to Ward Park, is located adjacent to the Tewantin Noosa Playgroup. At this time it
is unclear what on street car parking is generated from the use of this entry point, other than it is
reasonable to assume that from time to time, some on street car parking is taken up by users of
this park.
Mixed multi-unit, duplex and single residential dwellings
It was also noted that the Noosa Plan and New draft Noosa Plan provides for additional multi-unit
housing within the locality, which is largely yet to be taken up (refer to Figure 9). If and when
developed in full in accordance with Council’s planning provisions, the existing traffic on-street
parking concerns will likely increase as a result.
Page 12 of 84
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Figure 9: Extract from the New draft Noosa Plan illustrating the site and areas of Medium Density Housing
2.2. Site Description
The site includes:
64 Poinciana Avenue, which supports an existing 2 storey building, 11 carparks and 1
loading bay. The building is currently approved for Professional Offices, Laboratory and
Service Industry uses. The site is accessed by vehicle via left in left out arrangement
directly from Moorindil Street.
5 Moorindil Street, which supports a Place of Worship building and gravel unmarked
carparking. The site is accessed directly off Moorindil Street.
The two parcels of land are separated by Poinciana Avenue, which is identified as a high volume
distributor road.
5 Moorindil Street, Tewantin, is accessed from the existing building at 64 Poinciana Avenue via
Council’s connecting paths and a pedestrian crossing point across Poinciana Avenue. The
pedestrian connection length is about 135 metres. The following figure details the two sites
subject to the application.
Page 13 of 84
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Figure 10 – Aerial Image of the site
2.3. Surrounding Land Uses
Surrounding land uses include:
Child Care Centre and Play Group uses and Ward Park immediately to the north;
Professional Offices and Medial Centre immediately to the east;
Home Occupation Medical Centre, Service Station, Masonic Hall and residential uses
across Moorindil Street immediately to the west; and
The wider locality consists of mixed multi-units, duplexes and single dwellings. The locality is
generally zoned under the Noosa Plan for attached housing.
The site is located approximately 200m from the Tewantin town centre.
Page 14 of 84
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Figure 11 – Aerial Image of the locality
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the urban area of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for an urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the
provisions are relevant to the development.
The proposed use is considered consistent with and/or to advance the plan’s Strategic
Framework and Community Vision as the proposed use provides for community well-being,
facilitates a passion for learning and provides for a community service reflective of the needs of
the population.
Page 15 of 84
Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Locality Provisions
The subject site is located in the Tewantin and Doonan Locality and is zoned Attached Housing.
The proposed use is identified as an inconsistent use with the zone and is required to follow an
impact assessable application process.
The proposed use is located within an existing building which has previously been approved for
business uses. The proposed reuse of the existing office building is appropriate and impacts of
the proposed use, with the exception of car parking, is considered consistent with the previously
approved use for the site. As no changes are proposed to the existing building the built form
development parameters established under this code are not applicable.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of
the assessment against the codes are discussed below:
Code Discussion
Community Use The code’s overall outcomes, in part, seek:
Code
Community Uses are conveniently located, without placing unacceptable burdens
on local infrastructure
Community Uses offer safe environments for users and operators.
Further, the code’s Specific Outcomes and Probable Solutions, in part, seek:
The use does not have an adverse impact on the safety and efficiency of the road
network; and
The surrounding road system is capable of accommodating additional traffic
generated by the proposal.
Driveways and The code’s overall outcomes, in part, seek:
Carparking
Code Development minimises the environmental and social impacts of transport on the
urban environment
Development ensures that vehicle access to the development does not
compromise the capacity and safety of the road system
Development does not increase the scale of the road network beyond that
currently planned.
Further, the codes Specific Outcomes and Probable Solutions, in part, seek:
Sufficient carparking is provided to accommodate the number of vehicles likely to
be generated by the development having regard to the specifics of the use
including:
o The type and intensity of land use
o Any existing parking available on the site
o Hours of operation
o Likely numbers of users
o The peak parking demand periods of uses on the site; and
o The availability of alternative carparking.
Development access does not compromise the functions of particular roads as
indicated in the road hierarchy, and does not adversely impact on the safety,
capacity and operations of the road system.
Page 16 of 84
Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
For confirmation, methodology used by the applicant’s traffic engineer is generally accepted
along with the subsequent proposed carparking rate (i.e. approximately 1 carpark per 1.4
persons) as sufficient to accommodate the number of vehicles likely to be generated by the
proposed use.
However, the proposal to utilise carparking at 5 Moorindil Street to assist achieving the required
onsite carparking is not acceptable on the basis that there are concerns with safety associated
with the pedestrian connection and form of tenure associated with the off-site car park at 5
Moorindil Street. The proposed lease over the car park at 5 Moorindil Street can be terminated at
any time with a 2 week notification period. Furthermore, the carparking area is non-exclusive to
the proposed development and not guaranteed to be available at any given time.
When car parking is proposed to be provided at a separate location to where the approved land
use is to occur it is normal practice to require the car park area to be secured by an easement.
This provides certainty that the car parking will be provided into the future and prevents
development occurring on the area proposed for car parking. In this instance the owners of 5
Moorindil Street have advised that they are not supportive of an easement being created over
their land.
Furthermore, the proposed onsite carpark is located 135m walking distance away from the
existing building and on the other side of an identified high volume distributor road (i.e. Poinciana
Avenue). Hence the proposed use of the off-site car park increases the risk of users of U3A who
would have to access the existing building across Poinciana Avenue as a pedestrian and
increases the risk to safety and efficiency of Poinciana Avenue. The car park is also currently
unsealed.
When it was first identified that the use was operating without a Development Approval U3A were
permitting up to 109 persons on site. U3A have amended their operations to limit the number of
attendees to a maximum of 57 people onsite at any time, consisting of 50 students; 5 tutors; and
2 volunteer receptionists’. It is acknowledged that there are times during the day when there is
significant demand for on street car parking in the area attributed to the day care facility,
playgroup and broader residential and commercial uses.
Due to the concerns with the proposed car parking at the church and the reliance on on-street
car parking spaces consideration has been given to limiting the number of persons that could
attend U3A to better align with the car parking on site and the demand for carparking within the
surrounding area. Limiting the number of persons on site would likely require the re-location of
classes to other facilities to enable U3A to continue to provide their current level of service. This
approach was discussed with representatives of U3A who expressed concern as the number of
attendees at the Poinciana Avenue facility have already been scaled back by conducting classes
at other venues. U3A advise that this has resulted in financial implications, noting that users pay
a nominal fee to attend classes. Furthermore, the re-location of classes has implications on the
social network which U3A provides for its members. It is acknowledged that in addition to the
valuable skills which can be developed via the U3A programs the social component of this facility
is also a very important community benefit of the service.
Noting the concerns raised by U3A regarding the implications on limiting the number of attendees
below that applied for and in order to examine other alternatives approximately 20 inspections
were conducted by Council officers to count car parking availability at different times of the day.
These inspections identified that on road carking availability was significantly more limited
between 9am and midday than after midday. The results of these inspections was relayed to U3A
with the suggestion that whilst limits to numbers would still likely be required that the limit would
be more stringent in the morning than in the afternoon. At a subsequent meeting with
representatives of U3A Council staff were again advised that any limit to attendee numbers
would be detrimental on the viability of U3A and for its capacity to provide a valuable service to
approximately 800 community members. At around the same time representatives of U3A also
met with Council’s Community Services Department to explore additional alternative sites.
Page 17 of 84
Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
However, advice from U3A subsequent to this meeting was consistent with previous advice that
the cost implications of further reducing numbers at the existing site and incurring additional
expenses at new site would be prohibitive.
On further consideration it is noted that despite the concerns regarding the shortfall in car parking
there is overwhelming support for the service which U3A provides to a substantial number of
community members. It is therefore recommended that the application be supported in its current
form despite the likely impact on local car parking with the impact most likely to be within
Moorindil Street and Toolar Street. Approving the application based on the 12 car park spaces
available on site results in a shortfall of 27 car parking spaces, noting that 47 on road car spaces
exist within proximity of the site.
In order to monitor and provide the opportunity to reassess the implications of these impacts it is
recommended that the approval include a condition limiting the approval to 5 years. This
condition provides an opportunity for Council to review the impact of current operations when
considering an application to extend or delete the condition and is consistent with other approvals
which have been issued where further review of operational impacts is preferred.
4. DRAFT PLANNING SCHEME
The New draft Noosa Plan proposes to rezone the site from Attached Housing to:
Community Facilities Zone (annotation 6 – Educational Establishment) at 64 Poinciana
Avenue; and
Community Facilities Zone (annotation 4 – Place of Worship) at 5 Moorindil Street.
The proposed Community Facilities Zone and associated provision are considered to more so
support the proposed use over and above the current Attached Housing provisions.
5. CONSULTATION
5.1. Referral Agencies
Nil.
5.2. Other Referrals
The application was forwarded to the following internal Council officers:
Engineering
5.3. Public Notification
The application was publicly notified for 17 business days in accordance with the Planning Act
2016. Nine properly made submissions and one not properly made submission was received. It is
noted all submissions received were in favour of the proposed development being approved in
full.
The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised Comments
Extracts summarised from submissions received raising issues relating to Noted that submitters
Carparking (it is noted all submissions received highlighted similar carparking do not consider
experiences as identified below): existing car parking is
an issue and request
Plenty of car spaces have always been available; the development is
Never had a problem with accessing parking close by, particularly since approved in full as
permit parking has been available at the Catholic Church and which always proposed.
has available spaces.
Parking has improved more so since the carparking agreement at 5
Moorindil Street;
Page 18 of 84
Section 19
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Matters Raised Comments
Many of the members use public transport, walk or car pool; and
Council to provide adequate car-parking solutions that would satisfy the
Tewantin resident who lodged the complaint.
Extracts summarised from submissions received raising issues relating to Noted submitters
Community Benefit (it is noted all submissions received highlighted consider the applicant
substantial Community Benefit for similar reasons as identified below): provides substantial
Universities of the Third Age are international voluntary community- community benefit to
inspired educational and social interactive groups that are aimed at the wider locality and
providing crucial, wonderful and inspiring opportunities for retirees, seniors, request the
and anyone else in the community, to participate in an incredibly wide development is
range of educational, physical, and social programs. All run voluntarily. On approved in full as
the educational side, Sunshine Coast University also supports U3A Noosa proposed.
by sending one of their own lecturers to provide a class, once every month,
on a voluntary basis. U3A Noosa has been successfully providing an
excellent array of activities for members to participate in for many years,
and has become a crucial part of the daily life of each of its members, now
numbering 800.
Very concerned to learn possibly only 30 people at a time might be able to
use the building.
You should know that there are some truly amazing people living in the
Noosa/Tewantin community and they give their time to inspire others
In the building, there are a number of rooms: art studio, games room,
language room, computer/AV room and the auditorium. The range of
classes held is wide - physical fitness, foreign language, audio-visual,
computer studies, science, photography, history of religion, several types
of painting tuition and much much more.
The attendance at a single class probably averaged around 45 people.
Under the change of rules, an audience would be limited and all other
classes that run concurrently would have to be scrapped.
The classes have had a tremendous impact on my life and, in turn, I have
been able to inspire others through the various classes I have given.
Given our age group, quite a few people have gone through traumas such
as being widowed. People have spoken to me sometimes saying they do
not know what they would have done without the companionship of other
U3A members at a difficult time.
I urge you to see what an important service U3A brings to its members and
frequently to the wider public. Please don't make changes to a successful
valuable operation that is working so well.
As a long time member, volunteer and supporter of U3A Noosa, I value the
opportunities it provides for sharing experiences in a wide range of interest
groups in the pursuit of learning and knowledge accumulation, social
interaction, companionship, fun and friendship which is so important for
retirees and the elderly who can very easily become lonely and isolated. I
constantly hear the sentiment 'I'd be lost without it'.
Although necessary restrictions have been placed on overall house
numbers which has impacted on the accessibility to some classes, U3A
Noosa continues to offer a wide variety of experiences for our more senior
members and provides a much needed service for our local community.
Page 19 of 84
Section 20
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Matters Raised Comments
When I located to this area 12 years ago the first place that I looked for
was a local U3A, and now as a member of U3A Noosa I would to
emphasise that this organisation performs a significant part in the life of its
members providing social interaction, friendships and
education. U3A is an essential part of the day for many members who as
they age find themselves at a loss to find interests that stimulate
their minds and friendships to share this with.
Please do not let our elderly down.
My wife and I retired and moved to Noosa in 2014 and as both new arrivals
and recent retirees we had to “re-invent” ourselves in a new community.
I was encouraged to look at what U3A Noosa had to offer. Now nearly 5
years on, U3A has become an integral component of my life.
U3A provides me with access to lifetime learning opportunities and regular
social interaction and I am happy to report that through U3A I am busier
now than when I had a full time job running a business in Melbourne.
This organisation is performing an incredibly valuable service to the local
community and deserves favourable consideration in this matter.
6. CONCLUSION & REASONS FOR DECISION
The applicant seeks a retrospective approval for an existing Community Use, defined as
‘Education - Type 3 Adult’. The use is currently operated by the University of the Third Age
Noosa Regional U3A Inc (U3A Noosa) within an existing office building located at 64 Poinciana
Ave Tewantin.
The application seeks approval for 57 persons to use the facility which based on the applicant’s
traffic engineers car parking advice for 1 car space per 1.4 persons equals 39 car spaces. The
proposal includes 12 car parking spaces on site and utilising part of the existing car parking
located at 5 Moorindil Street Tewantin to be secured via a lease agreement.
The use of the car park at 5 Moorindil Street, Tewantin is not supported due to safety concerns
and the nature of tenure proposed to secure the proposed car parking area. This means the
proposal is short 27 car parking spaces.
Despite the significant shortfall in on-site car parking it is recommended that the application be
approved, as the proposal provides significant community benefit and is a valuable service and
facility to the community.
Recognising the potential impact on local on street carparking it is also recommended that a 5
year sunset clause be included to allow Council to further consider car parking impacts at the
time the applicant seeks to amend or delete the sunset clause condition.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning x Infrastructure Planning,
Design and Delivery
Page 20 of 84
Section 21
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
2 MCU19/0089 MATERIAL CHANGE OF USE - RETAIL BUSINESS TYPE 5 VEHICLE
USES RETAIL BUSINESS TYPE 2 SHOP AND OPW19/0160 OPERATIONAL WORKS -
SIGNAGE AT 52 - 54 MARY STREET, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index EMC/ Applications/ MCU19/0089/ OPW19/0160
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Wessel Petroleum Pty Ltd
Proposal Material Change of Use - Retail Business - Type 2 Shop & Salon, Retail
Business - Type 5 Vehicle Uses and Operational Works – Signage
Properly Made Date 19 July 2019
Information Request Date 16 August 2019
Information Response Date 20 September 2019
Decision Due Date 6 December 2019
Number of Submissions Twenty-one (21)
PROPERTY DETAILS
Property Address 52 - 54 Mary St Noosaville Qld 4566
RP Description Lot 21 RP 72829
Lot 1 RP 131598
Land Area 804 m²
1679 m²
Total 2486m2
Existing Use of Land Retail Business Type 5 Vehicle Uses & Residential Type 4
Conventional
STATUTORY DETAILS
SEQRP Designation Urban
Locality Noosaville
Zone Business Centre
Overlays Flood Hazard
Natural Hazards – Acid Sulfate Soils 0-5mAHD
Assessment Type Impact
Page 21 of 84
Section 22
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 December 2019 regarding Application No. MCU19/0089 for a
Development Permit for Material Change of Use - Retail Business - Type 2 Shop & Salon, Retail
Business - Type 5 Vehicle Uses & OPW19/0160 for Operational Works – Signage situated at 52 -
54 Mary St, Noosaville and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions or annotated by
Council.
Plan No. Rev. Plan/Document Name Date
18316 DA-0000 7 Cover Page, prepared by Alleanza 19/09/19
Architecture
18316 DA-1000 17 Site Plan, prepared by Alleanza Architecture 17/09/19
18316 DA-1002 4 Site Area Calculations, prepared by Alleanza 19/09/19
Architecture
18316 DA-1600 4 Roof Plan, prepared by Alleanza Architecture 19/09/19
18316 DA-2000 7 Site Elevations, prepared by Alleanza 19/07/12
Architecture
18316 DA-3000 4 Sections, prepared by Alleanza Architecture 19/07/12
18316 DA-7000 4 Signage, prepared by Alleanza Architecture 19/07/12
18316 DA-9000 2 Perspective Views 1, prepared by Alleanza 19/07/12
Architecture
18316 DA-9001 2 Perspective Views 2, prepared by Alleanza 19/07/12
Architecture
9327E 04 Mary Street, Noosaville Landscape Concept July 2019
Plan – Master Plan
External Appearance
3. The external materials and colours of the development must be in accordance with
the materials and colours detailed on the approved plans.
Currency Period
4. The Currency Period for this development approval lapses if the use has not
happened by 19 December 2025, unless an application to extend the currency period
is approved by Council.
Page 22 of 84
Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Nature and Extent of Approved Use
5. The approved use must not operate outside the hours of 5am to 10pm.
6. At all times while the use continues, retail sale of goods must remain an ancillary
component to the use. The maximum area used for the purpose of display and retail
sale of goods must not exceed 120m2.
7. Service vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and
not at all on Sundays or public holidays.
8. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting nuisance or other emissions.
Performance Bond
9. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to the issue of a Development Permit for Operational Works for any
civil works (or landscaping). The cash bond or trading bank guarantee will be
returned on performance of the conditions of approval less any costs incurred by
Council in respect of enforcing performance of this permit. Council reserves the right
to call upon the bond or guaranteed sum to effect compliance with conditions.
Land Amalgamation
10. All properties the subject of the development must be amalgamated into a single lot
prior to approval of Building Works. Certification and evidence of such amalgamation
must be submitted to Council prior to commencement of works.
Building Height
11. The maximum height of the development must not exceed 7.4 metres above the
finished ground level and the natural ground level.
Street Identification
12. The street address of the development must be clearly visible and discernible from
the primary frontage of the site by the provision of a street number and, where
appropriate, the building name.
Fencing and Walls
13. A minimum 3.0 and 1.8m metre high acoustic fence must be erected along the length
of the northern boundary of the site in accordance with the approved plans and the
Acoustic Report prepared by Alpha Acoustics and dated 5 June 2019.
14. A minimum 3m and 1.8 metre high screen fence must be erected along the length of
the western boundary of the site as shown on the approved plans prepared by Alpha
Acoustics and dated 5 June 2019.
15. The acoustic fences must be finished in muted tones and materials that visually blend
the fence into the surrounding streetscape and adjoining properties. Details of the
proposed colours and materials must be submitted to Council and approved as part
of an Operational Works application.
16. Construction of acoustic fencing must be done at the completion of demolition and
completed prior to any new building works commencing on site.
External Works
17. Mary Street and Weyba Road must be upgraded for the length of their frontage to the
subject site. The works must be undertaken in accordance with an Operational
Works approval and must include in particular:
Page 23 of 84
Section 24
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
a. construction of a pedestrian footpath in accordance with the conditions of this
Decision Notice
b. removal of the existing/redundant property accesses and reinstatement of the
kerb, footpath and verge area to match the balance of the site frontage,
including the provision of topsoil and turf where the existing verge is grassed
Site Access and Driveways
18. Sealed access driveways must be provided from Mary Street and Weyba Road to all
parking and manoeuvring areas of the development. The works must be generally in
accordance with drawings numbered CON01 issue DR6 and CON05 issue DR6 both
dated 4 September 2019 prepared by Empire Engineering and undertaken in
accordance with an Operational Works approval. The works must include in
particular:
a. driveway crossovers generally in accordance with Council’s Standard Drawing
RS-051 and any associated addendum
b. suitable safety measures, including warning signage, to improve driver
awareness of pedestrians and enhance pedestrian safety. Warning signage
must be provided near the exit driveways to warn motorists of pedestrian
movement along the streets
Car Parking
19. A minimum of 9 car parking spaces must be provided and marked on the site and
made available and accessible at all times while the use is open for business. The
works must be undertaken in accordance with an Operational Works approval and
must include in particular:
a. 1 disabled parking space/s within the total
b. dimensions, crossfalls and gradients in accordance with Australian Standard
AS2890: Parking Facilities
20. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Service Vehicles
21. Service vehicle parking, manoeuvring and standing spaces must be provided on the
site. The works must be undertaken in accordance with an Operational Works
approval.
Pedestrian and Bicycle Facilities
22. Pedestrian and bicycle facilities must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. a 2 metre wide footpath within the road verge for the entire length of the site’s
frontage to Mary Street and Weyba Road
b. pram ramps and tactiles generally as indicated on the approved plans
Condition 20 is imposed pursuant to s128 of the Planning Act 2016 being necessary
trunk infrastructure identified by Council’s LGIP to service the development.
Stormwater Drainage
23. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be undertaken in accordance with an Operational
Works approval and must include in particular:
Page 24 of 84
Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
a. works generally in accordance with the Stormwater Quality Management Plan,
Project ref:CC-3668, Revision D dated June 2019 prepared by Empire
Engineering
b. works generally in accordance with drawings numbered CON01-04, issue DR6
dated 4 September 2019 prepared by Empire Engineering with the following
amendments:
i. Section D/C01: the impermeable liner to encompass the whole system
including the base
ii. Suitable cover provided between the underground drainage lines and
finished surface levels
Condition 21 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Electricity and Telecommunication Services
24. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
25. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and
all applicable legislation at the time of construction.
Easements
26. Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property.
27. All easements must be designed in accordance with the planning scheme and
granted at no cost to the Grantee. Where the Grantee is Council or a service
authority, the easement documentation must be in accordance with the Grantee’s
standard easement terms. Draft easement documentation must be submitted to
Council for endorsement.
28. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
29. All fill, associated batters and retaining structures must be contained entirely within
the subject site unless written permission from the respective landowner(s) is
provided to Council. All earthworks must be undertaken in accordance with the
provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial
and Residential Developments.
30. Where the development involves excavation or filling over, or adjacent to, drainage,
water supply or sewerage infrastructure, all access chamber surface levels must be
adjusted to provide a freeboard of 100mm above the finished ground surface level.
Damage to Services and Assets
31. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the
development.
Page 25 of 84
Section 26
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
Stormwater Harvesting
32. Operating stormwater harvesting tanks must be provided for the development. The
tanks must be provided in accordance with a Building Works for above ground tanks,
or Operational Works Approval for below ground tanks and must include the re-use of
harvested rainwater for internal non-potable uses and outdoor uses.
Acid Sulfate Soils
33. An acid sulfate soils investigation (with recommendations) for the management of the
proposed development must be undertaken by a qualified person* in accordance with
the Queensland Acid Sulfate Soil Technical Manual Soil Management Guideline v4.0
(2014), or a more current version and submitted with the application for Operational
Works.
34. All works must be carried out in accordance with the Acid Sulfate Soil and
Groundwater Management Plan for the development prepared by a qualified person*
and referenced in a Development Permit for Operational Works. *(Refer to Advisory
Note)
35. All waters, including stormwater runoff, groundwater seepage and leachate from acid
sulfate soils must achieve the following quality prior to release from the site:
a. a pH range of 6.5-8.5 pH units
b. 50mg/L maximum total suspended solids concentration
c. 0.3mg/L maximum total iron concentration
d. 0.2mg/L maximum total aluminium concentration
e. no visible plume at either the point of release from the site or within a waterway.
Landscaping Works
36. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and the Noosa Plan for that specific
area and must include in particular:
a. the works generally shown on the approved Landscape Concept plan
b. incorporate CEPTED design principles around the north and north eastern
corner of the building
c. stormwater devices in accordance with the approved stormwater plan
d. provision of 2 advanced tree species (minimum pot size 100 litres) to the centre
of the Mary Street frontage, between the entry and exit crossover.
e. provision of 1 advanced tree species (minimum pot size 100 litres) to Mary
Street frontage to the west of the entry crossover.
f. Provision of 2 advanced tree species (minimum pot size 100 litres) to Weyba
Road frontage.
g. provision of dense screening adjacent to the western boundary fence which
includes tree species that have a mature height of no less than 3 metres; and
37. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures
healthy, sustained and vigorous plant growth. All plant material must be allowed to
grow to full form and be refurbished when its life expectancy is reached.
Page 26 of 84
Section 27
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
38. All landscape works must be maintained generally in accordance with the approved
design for the life of the development.
39. All landscape works must be maintained generally in accordance with the approved
design for the life of the development.
Storage of Hazardous Materials
40. All hazardous materials, with the exception of fuel stored in underground tanks, must
be stored above the defined flood level.
Public Safety
41. Motion sensor security lighting must be installed within the alleyway between the
building and northern acoustic wall and mounted at or below 3.0 metres high and
directed away from adjacent residential dwellings.
42. The narrow alleyway/concealment place located between the proposed building and
the northern boundary acoustic fence shown on the Approved Plans as amended by
Council must be secured by a gate at each end which:
a. is lockable;
b. has a height of not less than 1800mm;
c. is dark in colour and visually permeable;
d. has a minimum 50% transparency to permit surveillance of the alleyway; and
e. is located no greater than 0.5 metres from the end of the solid wall of the
building at each end.
ENVIRONMENTAL HEALTH
DEMOLITION
Performance Bond
43. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000
must be submitted to Council prior to the issue of a Development Permit for Building
Works for demolition, to secure the demolition conditions of this approval. The cash
bond or trading bank guarantee will be returned on performance of the demolition
conditions of this approval less any costs incurred by Council in respect of enforcing
performance of these demolition conditions. Council reserves the right to call upon
the bond or guaranteed sum to effect compliance with conditions.
Works
44. Demolition must be undertaken in a manner that causes no detrimental effect upon
the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting, air-borne hazards, atmospheric pollutants (including dust or odours)
nuisance or any other emissions in accordance with the nuisance provisions of the
Environmental Protection Act 1994.
Waste management
45. A Waste Management Plan (demolition) must be submitted in accordance with
Planning Scheme Policy 11 - Waste Management Plan and approved by Council’s
Waste Coordinator prior to issue of a development permit for Building Works for
demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste
for the effective reuse and recycling of such materials. Segregated wastes attract
significantly reduced disposal fees at the landfill with some items free. Higher gate
fees are charged for mixed waste.
Page 27 of 84
Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Waste storage areas must provide for adequate separation of all reusable, recyclable
and waste materials. These must be located so that they are convenient and safe to
use.
The Plan must contain the following information:
a. The areas for the storage and separation of waste shown on a site plan;
b. A waste management table as indicated below is to be completed showing how
waste material is to be segregated - recycled – reused or disposed; and
c. Table – Waste Management Table
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected Estimated On-site Off-site *specify contractor
waste volume(m³) *specify proposed *specify contractor and landfill site or
materials re-use or on-site and recycling outlet other disposal site
recycling methods
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals -
please specify
Asbestos
Other - please
specify
Note * If a demolition contractor is undertaking works, then the Waste Management
table is to be completed by the demolition contractor.
Damage to infrastructure
46. Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
47. The site must be left clean and tidy free from debris such as concrete, wire, rubble,
brick/s and the like. If the site remains vacant for more than 30 days the lot/s must be
turfed or landscaped in accordance with Planning Scheme Policy PSP 3 –
Landscaping Plants and Guidelines and to the satisfaction of Council so as to not
cause nuisance to the surrounding area.
48. All waste materials must be removed from site.
Litter, erosion and sediment control
49. Litter, erosion and sediment control measures must be installed and maintained until
soils are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or
potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm
water drainage system (e.g. roadside gutter).
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Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
50. A construction hold point with a council delegate and supervising RPEQ must be
established prior to commencement of cut to fill earthworks for each stage of the
development. The hold point must be held as soon as reasonably practical and prior
to the first rain event forecast following initial tree clearing or removal of soil
stabilising material for each stage. At the hold point inspection, all required sediment
basins, drains and bunds to divert waters away from disturbed soil or soils about to
become exposed through cut to fill activities must be installed. All areas that will not
require earthworks in the imminent cut to fill operation must be stabilised to prevent
entrainment of sediments into receiving waters.
51. Cut to fill earthworks must not commence until after the Supervising RPEQ has
certified that all installed erosion and sediment controls required by this approval are
sized in accordance with conditions of the approval and the written acceptance of the
certification is provided to the supervising RPEQ by Council officers.
Asbestos
52. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
53. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and
Safety Queensland (WHSQ) of licensed asbestos removal work at least five days
before the work commences. Notification must be made using Form 65: Notification
of licensed asbestos removal work, demolition work or emergency demolition.
54. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science
licenses businesses that transport asbestos waste, and landfills that accept this
waste.
55. All building materials containing asbestos, including asbestos cement sheeting or
roofing and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
56. It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2003’ that at
demolition of a building, the existing sanitary drain upstream from the connection
point for a service provider’s sewerage system must be sealed water tight. This work
is deemed as notifiable Work and must be carried out by a suitably licenced plumber
who must submit an As Constructed plan and Form 4 (Notifiable Works Form) to the
QBCC (Queensland Building Construction Commission) within 10 days of completing
the work.
Development Code – Hazardous Industry
57. The design, specifications and construction of the Manifest Quantity Workplace
(MQW) storage and dispensing of petroleum products (Service Station) is to comply
in all respects with the Model Development Code for Hazardous Industries and
Chemicals - Workplace Health and Safety Queensland(WHSQ)
58. Certification must be provided to Council from a suitably qualified person* which
certifies that the design, construction, operation and safety of the MQW (specifically
including the design and operation of the stormwater quality improvement device:
treatment tank/Stormwater 360 pods filter cartridges & detention tank) complies in all
respects with the WHSQ Code prior to commissioning the site.
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Section 30
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
59. A suitably qualified person* is a Registered Professional Engineer of Queensland
with experience and knowledge in the design and operation of the storage and
dispensing of petroleum products.
Environmental Protection – General Environmental Duty S319
60. A copy of this decision notice must be kept on site in a location readily accessible to
personnel carrying out this activity.
61. Notwithstanding any other condition of this decision notice, this notice does not
authorize any release of contaminants that cause or is likely to cause an
environmental nuisance beyond the boundary of the property.
Decommissioning of Underground Petroleum Storage Systems (UPSS)
62. All UPSS shall be decommissioned in accordance with AS 4976-2008 The Removal
and Disposal of Underground Petroleum Storage Tanks.
63. Certification must be provided to Council confirming the UPSS decommissioning was
conducted by a suitably qualified and experience person, and that removal,
transportation and disposal was in accordance with the Standards and legislation.
64. At the time of decommissioning of any UPSS the site must be investigated for
contamination. An Assessment report must be prepared by a suitably qualified and
experienced person (as required under the Environmental Protection Act 1994) to
verify the site has either met remediation criteria or is suitable for continued and
future use. The assessment report must be submitted to Council no later than 60
days of either:
a. Decommissioning of an UPSS if no soil or ground water remediation is
required.
b. Completion of any remediation associated with the decommissioning of an
UPSS if remediation is required.
65. All records associated with the decommissioning of UPSS must be maintained for a
period of 7 years after removal of UPSS. These records must be provided to future
owners/operators of the service station and property, as part of ensuring all
practicable measures have been implemented to prevent site contamination.
66. As articulated in Section 2.6 soil sampling of the opened pits and trenches to check
for any hydrocarbon contamination must be carried out. If decontamination work is
required then the requirements of the Environmental Protection Act 1994 must be
followed for site remediation. An assessment report must be submitted to Council.
Underground tanks
67. Prior to the commencement of the use underground tanks shall be constructed and
installed in accordance with the following:
a. Tanks are to be made of fibre-reinforced thermosetting resin (fibreglass) that is
compatible with the product or tanks are to be made of a steel inner wall and a
fibre-reinforced thermosetting resin composite (fibreglass) outer wall.
b. Tanks are to be double-walled with an interstitial space.
c. Tanks are to meet the requirements of UL 1316 Glass fibre reinforced
underground storage tanks for petroleum products, alcohols and alcohol
gasoline mixtures, or the equivalent or tanks are to meet the requirements of
AS1692-2006 Steel tanks for flammable and combustible liquids, or the
equivalent.
d. Tanks are to have an overfill protection valve installed in the drop tube of the
tank. The overfill prevention valve shall be calibrated to prevent the tank from
being filled in excess of 90% of its capacity.
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Submit certification
68. Prior to the commencement of the use certification by a suitably qualified person that
the underground tanks have been constructed and installed in accordance with the
above requirements must be submitted to Council.
Pipework
69. Prior to the commencement of the use pipework shall be constructed and installed in
compliance/accordance with the following:
a. Pipework is to be made of non-corrodible materials as defined by cl 1.4.37 AS
4897. The design, installation and operation of underground petroleum storage
systems.
b. Product piping is to be double-walled with an interstitial space.
c. Each tank fill point is to be clearly labelled and identified in accordance with AS
4977 Petroleum products - Pipeline, road tanker compartment and underground
tank identification.
d. Each tank fill point is to be fitted with a camlock type or other liquid-tight
connection.
e. Each tank fill point is to be provided with spill containment of at least 15 litre
capacity per spill point.
f. All fill and vapour recovery points are to be earthed in accordance with AS
1020.0 The control of undesirable static electricity and AS 3000 Electrical
installations.
Submit certification
70. Prior to the commencement of the use certification by a suitably qualified person that
the pipework has been constructed and installed in accordance with the above
requirements must be submitted to Council.
Leak detection for underground tanks
71. Prior to the commencement of the use underground petroleum storage tanks shall be
monitored for leaks in accordance with the following:
a. Establish a statistical inventory analysis system that is rated to detect a release
of 0.76 litres/hour (or a release of 18 L/day), with greater than 95% confidence
(and less than 5% false positive) or install automatic tank gauging that is rated
to detect a release of 0.76 litres/hour (or a release of 18 L/day), with greater
than 95% confidence (and less than 5% false positive).
b. Install a tank pit observation well at the lowest point of each tank excavation pit.
Submit certification
72. Prior to the commencement of the use certification from a suitably qualified person
that the leak detection system was installed and was verified as meeting the above
leak detection performance standard using the current United States Environmental
Protection Agency (USEPA) protocol must be submitted to Council.
Leak detection for pipework
73. Prior to the commencement of the use product pipework shall be monitored for leaks
in accordance with the following:
a. Install electronic line leak detection for pressure piping that is rated to detect a
release of 0.76 litres/hour (or a release of 18 L/day), with greater than 95%
confidence (and less than 5% false positive); or
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b. Install ‘safe suction’ design for suction piping in compliance with cl 4.3.4 AS
4897. The design, installation and operation of underground petroleum storage
systems.
Submit certification
74. Prior to the commencement of the use certification from a suitably qualified person
that the leak detection system was installed and was verified as meeting the above
leak detection performance standard using the current United States Environmental
Protection Agency (USEPA) protocol must be submitted to Council, or
75. Prior to the commencement of the use certification from a suitably qualified person
that the safe suction design has been installed and tested to comply with cl 4.3.4 AS
4897. The design, installation and operation of underground petroleum storage
systems must be submitted to Council.
Fuel dispensing areas
76. Prior to the commencement of the use fuel dispensing areas shall be constructed and
installed in accordance with the following:
a. All ground surfaces within the fuel dispensing area are to be constructed of
impermeable materials such as waterproofed, reinforced concrete that is free of
gaps and/or cracks. Impermeable, hydrocarbon resistant jointing material is to
be used between treated concrete slabs.
b. The fuel dispensing area is to be clearly demarcated from the uncovered
forecourt area, access roads, general parking bays and all other areas to
clearly delineate the higher contamination risk area from lower risk areas.
c. A canopy shall be installed over fuel dispensing areas. The canopy shall
overhang by a horizontal distance of at least one-quarter of the roof height out
from the vertical above the boundary of the demarcated fuel dispensing area.
d. A liquid-tight dispenser sump is to be installed under each dispensing unit. It is
to be designed to house all pipework joints and fittings and to collect and
contain any leak.
e. Signage indicating ‘flows to stormwater treatment system’ is to be provided at
all drainage inlets within the fuel dispensing area.
f. The fuel dispensing area is to be graded and drained to an independently
certified stormwater treatment system listed on Council’s Register for Certified
Hydrocarbon Separators. The system shall be installed in accordance with the
approved site-based stormwater quality management plan.
Submit certification
77. Prior to the commencement of the use certification by a suitably qualified person that
the fuel dispensing area has been constructed and installed in accordance with the
above requirements must be submitted to Council.
Uncovered forecourt area
78. Prior to the commencement of the use uncovered forecourt areas must be
constructed and installed in accordance with the following:
a. All ground surfaces of the uncovered forecourt area are to be constructed to
provide a sealed surface, free of gaps or cracks.
b. Signage indicating 'flows to stormwater treatment system' is to be provided at
all drainage inlets in the uncovered forecourt area.
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c. The uncovered forecourt area is to be graded and drained to an independently
certified stormwater treatment system listed on Council’s Register for Certified
Hydrocarbon Separators. The system shall be installed in accordance with the
approved site-based stormwater quality management plan.
Submit certification
79. Prior to the commencement of the use certification by a suitably qualified person that
the uncovered forecourt area has been installed and constructed in accordance with
the above requirements must be submitted to Council.
Road tanker delivery stands
80. Prior to the commencement of the use the road tanker delivery stand shall be located
fully within the fuel dispensing area or the road tanker delivery stand located within
the uncovered forecourt area shall be constructed and installed in accordance with
the following:
a. the area shall be large enough so a tanker can fit wholly within the delivery
stand area.
b. the area shall be clearly demarcated.
c. the area shall be drained to a collection sump that normally drains to the
uncovered forecourt area’s stormwater treatment system.
d. a diversion valve shall be installed that diverts drainage to the containment and
treatment system for the fuel dispensing area during filling operations.
Submit certification
81. Prior to the commencement of the use certification by a suitably qualified person that
the road tanker delivery stand has been designed, constructed and installed in
accordance with the above requirements must be submitted to Council.
Stage 1 vapour recovery
82. Prior to the commencement of the use construct and install stage 1 vapour recovery
for underground systems storing motor spirit/petrol that has:
a. vapour return lines that return all vapour displaced from the storage tank to the
delivery tanker.
b. a design that prevents the mixing of product in piping common to more than
one tank.
c. vapour-tight couplings on the vapour line that close automatically when
disconnected.
d. incompatible liquid and vapour couplings.
e. a pressure vacuum valve and a 10-millimetre orifice in parallel fitted to the
storage tank vent pipe, or accepted equivalent.
f. the vapour recovery point located within 2 metres of the respective fill point.
Submit certification
83. Prior to the commencement of the use certification by a suitably qualified person that
stage 1 vapour recovery equipment has been constructed and installed in
accordance with the above requirements must be submitted to Council.
Stage 2 vapour recovery systems
84. Prior to the commencement of the use Stage 2 vapour recovery (VR2) equipment
shall be designed and installed in accordance with the following:
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a. VR2 equipment shall be installed on all dispensers for motor spirit/petrol in
compliance with NSW DECC Standards and Best Practice Guidelines for
Vapour Recovery at Petrol Service Stations and the Storage and Dispensing of
Petroleum Products Planning Scheme Policy (2014).
b. VR2 equipment shall be designed and approved by the German TÜV and shall
incorporate a visual indicator that the vacuum operates when fuel is dispensed.
The approval must be in accordance with the provisions of Ordinance on the
Limitation of Hydrocarbon Emission Resulting from the Fuelling of Motor
Vehicles-21, BImSchV (2002).
c. VR2 equipment shall be installed in accordance with the manufacturer’s
specifications by a duly qualified person.
d. VR2 equipment shall be tested to ensure a hydrocarbon capture efficiency must
not be less than 85% vapour recovery to liquid dispensed by volume as
measured using a test for active vapour recovery systems in Verein Deutscher
Ingenieure (VDI) specification 4205. (testing is already required in Certification)
Submit Certification
85. Prior to the commencement of the use VR2 equipment shall be tested by a duly
qualified person in the manner specified in the NSW DECC Standards and Best
Practice Guidelines for Vapour Recovery at Petrol Service Stations. A copy of this
certification shall be provided to Council together with certification demonstrating that
the system has been installed in accordance with the above.
86. Each petrol dispenser fitted with VR2 equipment shall be fitted with a sign stating that
VR2 equipment is in use. Additional signage stating that VR2 equipment is in use
shall be attached to the service station premises.
Spill Containment
Fuel Dispensing Area (Higher Risk Area)
87. Spill capture capacity must be sufficient capacity to hold a volume equivalent to at
least the largest tanker compartment likely to be delivering fuel to the site (>8kL)
88. In the event of failure of any part of the system, power failure or where the spill
compartment or hydrocarbon chamber exceeds capacity, no petroleum product shall
be released beyond the property boundary.
Stormwater quality discharge criteria.
89. Stormwater quality discharge must be to the following minimum standards:
i. <5ppm (mg/L) Total Petroleum Hydrocarbons (TPH)
ii. ≥80% reduction in Total Suspended Solids (TSS) heavy oils & metals
iii. ≥90% reduction in gross pollutants
90. There must be no high-flow bypass. 100% of captured liquids to be treated.
Uncovered Forecourt Area (Medium Risk Area)
91. In the event of failure of any part of the system, power failure or where the spill
compartment or hydrocarbon chamber exceeds capacity, no petroleum product shall
be released beyond the property.
92. Stormwater quality discharge must be to the following standards:
i. <5ppm (mg/L) Total Petroleum Hydrocarbons (TPH)
i. ≥80% reduction in Total Suspended Solids (TSS)
ii. ≥90% reduction in gross pollutants
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93. High-flow bypass / first-flush capture design capacity must be designed to meet the
defined discharge criteria during a storm up to the 3 month ARI-6 minute design
rainfall event without surcharging or backing up the drainage system.
Submit Certification
94. Prior to the commencement of the use certification shall be provided to Council
demonstrating that the system has been installed in accordance with the above.
Noise
95. Mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps etc. on site must be located within the building or suitably
provided with noise reduction measures and located to prevent a noise nuisance
beyond the boundary of the site and to not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
PERIOD Noise level at noise sensitive place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm Background noise level plus 5 dB(A)
10pm – 7am Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD Noise level at a commercial place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm Background noise level plus10 dB(A)
10pm – 7am Background noise level plus 8 dB(A)
96. When requested by Council, a Noise Impact Assessment Report (NIAR) showing
monitoring and recording of noise levels must be undertaken to investigate any
complaint (other than a frivolous or vexatious complaint) caused by noise emissions
from operations at the premises.
97. Such monitoring must be undertaken within a reasonable and practicable timeframe
nominated by Council and be performed by a suitably qualified person in accordance
with accepted guidelines and standards. The report is to be submitted to Council
detailing the results of such monitoring and recommendations for any measures to
achieve compliance with limits outlined in Table 1 of this Decision Notice.
For the purpose of measuring and certifying relevant noise conditions and reporting
(e.g. mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps, rooftop plant and equipment. etc) a suitably qualified person is
either:
a. a Registered Professional Engineer of Queensland, or
b. an environmental consultant with a minimum of three (3) years current
experience in the field of acoustics.
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Rainwater/Detention Tanks
98. In accordance with the Public Health Act 2005, rainwater tanks (including the
detention tank) must be constructed with mosquito proof screens (made from either
brass, copper, aluminium or stainless steel), and constructed with a mesh size of no
more than 1mm, and must be installed in a way that does not accelerate corrosion.
Tanks that contain flap valves must be installed so that when closed, mosquitoes
cannot pass through the valve.
99. Where it is intended to use rainwater for drinking purposes, a suitable treatment
system is required to be installed to disinfect or treat the water to microbiological and
physical standards as described in the current Australian Drinking Water Guidelines
to make it fit for drinking purposes.
WASTE
Waste Disposal
100. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial
and Industrial Premises”. The facilities must include an external impervious area
correctly sized for all refuse and recycling containers and suitably screened from
public places and neighbouring properties. A bin wash area is required with a cold-
water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain
outlet must be designed to prevent storm water entry to the sewerage system. This
can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max
0.5m²), or alternatively the waste area can be roofed, or any other design approved
by Council.
101. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
102. Public bins must be provided throughout the car park to reduce littering. All bins
provided must be for refuse and recycling and be decanted into the bulk bins by the
site operators.
OPERATIONAL WORKS CONDITIONS
103. Advertising devices undertaken in accordance with this approval must generally
comply with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
DA-1000 15 Site Plan, prepared by Alleanza Architecture 11.07.2019
DA-7000 4 Signage plan, prepared by Alleanza Architecture 12.07.2019
104. Advertising devices authorised by this approval must be undertaken generally in
accordance with the Approved Plans listed within this Decision Notice. The Approved
Plans must be amended to incorporate the amendments listed within this Decision
Notice and resubmitted to Council prior to the issue of any Development Permit for
any civil works onsite.
105. This approval authorises the following signs as defined by the planning scheme and
shown on the Approved Plans. In this regard the plans must be amended to reflect
the following:
a. The pylon sign must be setback at least 1.50 metres from the front boundary
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b. Each side of the pylon sign must not exceed a total of 4m2 of signage
c. A maximum of one illuminated sign is permitted for the site; and
106. The approved signs must not be used for the advertisement of goods and/or services
not sold or conducted on the site (ie. third party advertising).
107. The approved signs must not exceed the dimensions and sign areas as shown on the
Approved Plans.
108. The approved pylon signs must not be located within or across any easements.
Movement
109. The approved signs must not revolve, move, contain moving parts, change its
message, flash, have a moving or flashing border, or give the impression of
movement in any way.
Maintenance
110. The approved signs must be properly maintained by the owner of the property to
ensure the signs continue to comply with the Approved Plans and conditions of this
Decision Notice.
111. The approved signs must be positioned wholly within the property boundaries of the
subject site, and must not be located within or across any easements.
Illumination
112. The approved illuminated sign must not incorporate flashing lights nor involve
illumination by any means other than:
a. an internal light source
b. a down light, if externally lit.
113. Illumination resulting from direct, reflected or other incidental light emanating from the
approved signs must not exceed a luminance of 300 candelas per square metre.
114. All sign illumination must be switched off between 10pm and sunset of the following
day.
B. Find the following matters relevant to the assessment and sufficient reason to approve the
application:
1. The proposal will result in no significant additional impacts to the existing
development;
2. The design solution for the proposed development is a substantial improvement to
the visual amenity of the existing development and is in keeping with the scale,
character and amenity of the surrounding area;
3. The proposed development is generally well located on the major road network and
will continue to fill a service need for the community and visitors to the area.
C. Note that the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks Council’s approval of an application for a Development Permit for Material
Change of Use and Operational Works for Advertising Devices. The proposal comprises the
demolition of the existing service station, vehicle hire premises and small dwelling units and
reconstruction of a contemporary service station, small scale retail shop and associated signage
on the subject site located at 52 -54 Mary Street, Noosaville.
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The existing buildings have been established on the site for some 30+ years and are reported to
have reached the end of their economic life.
The proposal includes a new service station building that reflects the architectural style, scale
and character of the surrounding area, 5 double sided refuelling stations, replacement of existing
underground fuel tanks, acoustic treatment to adjacent residential premises, site landscaping,
incorporation of stormwater management devices and rationalisation of multiple driveway
entrances.
The Operational works application seeks approval for a pylon sign with a sign face to each side
which exceeds 4m2. An additional three signs are proposed which comply with the planning
scheme.
The following figures provide for a locality plan and plans of the development. Development plans
are also included at Attachment 1.
Figure 1: Locality Plan
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Figure 2: Site Plan
Figure 3: Elevations
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Figures 4 and 5: Perspective renders
2. SITE DETAILS
2.1. Background
The existing service station at 54 Mary Street has been in operation since the 1980s. The
premises includes 416m2 GFA and 4 double sided refuelling stations, underground tanks storing
diesel, unleaded and leaded fuel, and a LPG tank near the northern boundary. Two existing
dwelling units are located above the service station and have a combined GFA of 168m2.
The existing vehicle hire premises at 52 Mary Street incorporates a large hardstand area and
small building of 85m2 in the north western corner of the site.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
A previous application was lodged in January 2017 to develop both sites for a service station and
drive-through fast food restaurant. The application was withdrawn in February 2019 due to
unresolved issues with parking, vehicle movements, traffic impacts and built form.
2.2. Site Description
The site is generally flat with an elevation approximately 1.8-2.0m AHD across the site. The
subject site is bound on the south by Mary Street and Weyba Road on the east. The Weyba
Road/ Mary Street intersection features an existing roundabout. Four driveway crossovers
currently exist servicing the ingress and egress for the existing service station and the western
most access providing an entrance to the vehicle hire premises. Both Lot 1 and Lot 21 are
substantially sealed with hardstand pavement and little landscaping.
An underground sewer line runs along the western side of the common boundary between Lot 1
and Lot 21 and continues to the west across the width of Lot 21 on the northern boundary. The
site is serviced by reticulated water along both the Mary Street and Weyba Road frontages.
Stormwater infrastructure is located in the road reserve fronting the site along Mary Street and
Weyba Road as well as a box culvert in the land parcel to the north of the site described as Lot
26 on RP72829.
Overhead power lines are located in Mary Street and Weyba Road along the road frontage. No
street trees are present in the verge adjacent to the site and no significant vegetation is present
on the subject site.
2.3. Surrounding Land Uses
To the north of the subject site a residential Group Title development exists with 4 detached
dwellings backing onto the subject site beyond a 3.5 metre wide stormwater easement (Lot
26RP72829) that runs between the subject site and the residential development. The property to
the west is a boutique women’s clothing store, while premises to the south, across Mary Street,
are also commercial in nature including real estate and professional services uses. East of
Weyba Road, is Weyba Park West fronting the Weyba Creek and Keyes Island Conservation
Park.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban area of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for an urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
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3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the
provisions are relevant to the development.
Desired Environmental Outcomes
The desired environmental outcomes are the measures for the planning scheme which seek to
achieve the overall vision for the region.
Commercial and Retail Uses
Desired Environmental Outcome 3.1.3 b)vi recognises the potential for increased floor space in
existing centres to meet changing needs providing the increase does not impact on the
successful operation of the Shire Business Centre.
The proposed development increases the overall area of the service station site but does not
increase the overall gross floor area as the existing GFA on Lot 21 in the Mary St/ Thomas St
Precinct is removed along with the demolition of the existing service station buildings on Lot 1.
The larger service station site allows for better use of the site for vehicle circulation,
manoeuvring, deliveries and waste services. The replacement of the existing service station with
a new service station will not impact on the successful operation of the Shire Business Centre.
The proposed development is considered consistent with the Desired Environmental Outcomes
for the Noosa Shire.
Locality Provisions
The subject site is located in the Noosaville Locality and falls within the Business Centre Zone.
The site straddles the boundary of the Mary St/ Thomas St Precinct with only lot 21 included in
the precinct.
Figure 7: Business Zone applies to both sites (54 Mary Street highlighted)
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Figure 8: Mary/Thomas Street Precinct only applies to 52 Mary Street (52 Mary Street highlighted)
Retail Business uses (including service station and shop) are identified as consistent within the
Business Centre Zone if not located in the Mary St/ Thomas St Precinct. Retail Business uses
are identified as inconsistent in the Mary/Thomas Street Precinct.
While Lot 21 has existing use rights for Retail Business Type 5 Vehicle Uses, the context of the
existing use differs from that currently proposed. Therefore, impact assessment of an
inconsistent use against the entire planning scheme, to the extent relevant, is required.
The development parameters table below summarises the key relevant aspects of the proposal.
Criteria Planning Scheme Proposal Complies
Site Area 1500m² 2486m²
Population density N/A N/A N/A
Gross floor area or Maximum GFA in the Mary Total site GFA:
Plot ratio St/ Thomas St Precinct: 270 m²
300m2
Plot Ratio outside the Mary/ 0.1:1
Thomas St Precinct: 0.8:1
up to 2000m2 and 0.3:1 for
>2000m2.
Site cover Maximum site cover in the Total site cover:
Mary St/ Thomas St 39%
Precinct: 50% max
Soft landscaping min 10% of site area 443.4m² = 17%
Landscaping Setbacks Average 2m width along approx.
frontage & 3 m on side Average 3 m to
boundaries adjoining land in frontage and 3 m
a residential zone to side and rear
boundaries.
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Criteria Planning Scheme Proposal Complies
Building height
storeys 2 storeys max 1 storeys
metres 10 metres 7.4 metres
Boundary setbacks
Frontage 6 metres min Approx. 10 metres
Side 3 metres min from Approx. 5 metres
residential uses to adjacent
business uses
Rear 3 metres min from 3 metres to
residential uses outside face of
wall
Carparking
Type 2 Shop or Salon 7 min 5 including 1 X
Type 5 Vehicle Uses 5 min disabled X
4 plus 10 bowser
spaces
Motorcycle spaces 2 motorcycle
spaces Nil motorcycle X
spaces
Bicycle Spaces 1 bicycle spaces 2 bicycle spaces
End of Trip Facilities* 1 locker per 2 bicycle Not required
*(required only where 5 + spaces spaces and; N/A
are required) 1 shower cubicle with Not required
ancillary change room per
10 bicycle spaces
The proposal has been assessed against the relevant elements of the Noosaville Locality Code.
The Overall Outcomes relevant to the Business Centre zone are supported by the proposed
development. Specifically, the following outcomes are of note:
i. development accommodates uses that do not detract from the role of the Shire Business
Centre, as a Major Activity Centre for the purposes of the SEQ Regional Plan and as the
principle business centre for Noosa;
ii. development continues to serve the local needs of the Noosaville community and visitors;
iii. the Mary Street/Thomas Street Precinct, as shown on Map ZM8, provides a range of
business facilities and services, which do not generate large volumes of traffic or require
significant customer parking and which are accommodated in buildings of a domestic scale;
iv. the Mary Street/Thomas Street Precinct incorporates a mix of business and residential uses
which reduces commuting pressures and creates a vibrant environment with opportunities for
both day and night time casual surveillance;
The proposed development is generally consistent with the Overall Outcomes as the commercial
use will not detract from the role of the Shire Business Centre as a Major Activity Centre. The use
will continue to provide a use which currently exists on part of the site which serves the needs of
the local community. The development is unlikely to result in any significant change to existing
traffic flows or trips given the site’s existing uses. Sufficient parking is accommodated on site to
cater for the demand of the uses proposed. The trading hours of 5.00am to 10:00pm will aid in
providing additional opportunities for casual surveillance of the area.
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The proposed development has also been assessed against the relevant Specific Outcomes of
the Noosaville Locality. The proposal was considered generally consistent with the outcomes of
the code with some areas of inconsistency, particularly relating to the Mary St/ Thomas St
Precinct. The following outcomes are relevant to the application:
O75 The following defined uses and use classes are inconsistent uses and are not located in the
Business Centre Zone—
a) All Agricultural Uses;
b) Entertainment & dining businesses located in the Mary Street/Thomas Street Precinct
c) Home-based businesses;
d) Industrial business;
e) Retail businesses located in the Mary Street/Thomas Street Precinct;
f) Education Types 1 or 2;
g) Emergency service;
h) Open space;
i) Wellbeing Types 1, 3 or 4;
j) Service and utility;
k) Transport Types 3 or 4;
l) Detached house;
m) Community residence;
n) Multiple housing if not Type 4 consisting of small dwelling units located within the Mary
Street/Thomas Street Precinct;
o) Visitor accommodation Types 1, 2 or 3;
p) Visitor accommodation Type 4 if not visitor hostel, located on Lots 3 & 4 on RP122928, 14-
16 Mary Street.
O85 The predominantly residential character, scale and appearance of buildings in the Mary
Street/Thomas Street Precinct is maintained and uses and buildings are designed and sited to—
a) present a domestic scale and form of architecture, rather than commercial, when viewed
from the street and adjoining residential premises;
b) accommodate small-scale Business Uses that conform with the amenity of adjoining or
nearby residential premises;
c) protect the visual and acoustic amenity of adjoining and nearby residential premises; and
d) provide for car parking at the rear of the site.
O86 Uses in the Mary Street/Thomas Street Precinct—
a) are low impact;
b) are not reliant on passing traffic for business;
c) do not generate high volumes of traffic or require significant on site areas for car parking;
d) if adjoining land in a residential zone and not a Residential Use, do not involve night time
use; and
e) are not Entertainment and dining business or Retail business
Page 45 of 84
Section 46
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
As discussed above, Retail Business located in the Mary Street/ Thomas Street Precinct is
identified as an inconsistent use within the Business Centre Zone in the Noosaville Locality. The
part of the subject site which falls within the precinct, currently supports an inconsistent use and
operates as a vehicle hire premises defined in the planning scheme as Retail Business Type 5
Vehicle Uses. The proposed development, whilst extending into the Mary/Thomas Street
Precinct, is located at one end of the precinct adjacent a site zoned for retail business uses and
which is currently developed for a service station. The proposal will also provide for improved
amenity outcomes to adjoining premises.
With regards to the built form of the development, considerable time was spent with the applicant
on the previously withdrawn application, where it was clearly articulated that development within
the Mary Street/ Thomas Street precinct must provide a residential, scale, character and
appearance. Whilst the previous application did not achieve this outcome the current application
is a significantly improved design providing for form and materiality more consistent with the
surrounding area and consistent with the outcomes sought by the planning scheme. The
appearance of the proposed service station is substantially superior to the existing service station
and vehicle hire premises on the site which are not residential in character despite the two small
caretaker’s dwellings on the upper level of the existing service station building. The proposed
development reasonably maintains a domestic scale despite the increase in site area by
inclusion of Lot 21 in the footprint of the service station. The proposed buildings do not present
as overbearing in context of the surrounding residential and commercial premises, with overall
height consistent with a residential premises.
Amenity of surrounding residential premises has been considered through the 3 metre setback to
the northern boundary which in effect creates a setback to the residential uses of over 6 metres
by virtue of the existing stormwater easement which separates the two uses. Acoustic amenity
has been considered by inclusion of an acoustic wall along both the northern and western
boundary. The very nature of a service station precludes the provision of car parking at the rear
of the site. The majority of vehicles will likely be stationery at the bowsers while others may park
for short periods of time in the available car parking spaces provided adjacent the eastern
boundary. It is considered that the siting of car parking as proposed is acceptable in this instance
as the removal of such parking spaces to the rear of the site will do little to alter the visual effect
of motor vehicles that are the dominant aspect of such a use.
The change in impacts resulting from the proposal in comparison to the existing situation is likely
to be negligible and overall the proposal offers significant improvements to the existing situation.
Land Use & Works Provisions
The application has been assessed against relevant codes of the planning scheme. The pertinent
issues arising out of the assessment against the codes are discussed below:
Business Uses Code
The proposed siting of the service station is consistent with the code as it is located within a
commercial zone.
The proposal seeks to protect the adjoining residential amenity by providing a suitable setback to
the northern boundary with an acoustic wall on the boundary, noting that a 3 metre drainage
easement is situated between the development and the residential development to the north of
the site.
It is proposed that the service station operate between 5am and 10pm consistent with the
operating hours of the existing service station. The code seeks to limit the hours of operation
where adjoining a residential use between the hours of 7am and 10pm. The earlier starting time
of 5am is supported noting that this is consistent with the existing operating hours and
appropriate acoustic measures are proposed to mitigate potential impacts.
Page 46 of 84
Section 47
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
With regards to the floor area of the shop, the Business Uses Code provides for the following
probable solution:
The gross floor area used for the associated retail sale of goods is limited to 15% of the gross
floor area.
While this would equate to 40m2 compared to the 120m2 proposed, the corresponding specific
outcome specifies that the,
The associated sale of goods, including foodstuffs, is ancillary to the service station use.
In this regard, the proposed shop is considered ancillary to the service station use, being fully
located within the service station and designed to operate in conjunction with the primary use of
the site being the supply of fuel. On the whole it is reasonable to assume that the majority of
patrons to the site will purchase fuel, with the purchase of food and drink remaining secondary or
ancillary to the service station use.
Driveways and Carparking Code
The Driveways and Carparking Code requires the development to provide a total of 12 car
parking spaces. The 120m2 use area proposed for the shop would attract a requirement for 7
spaces, with a total of 12 spaces required.
The traffic and car parking impacts of the development have been reviewed by Council’s
consultant traffic engineer who advised the proposed car parking is appropriate and will satisfy
the likely parking demands.
The planning scheme seeks to ensure provision of 1 bicycle space for Type 2 Shop or Salon per
100m2 GFA. The applicant has provided space for 2 bicycle parking spaces within the
landscaping of the site which complies with the scheme requirements.
Landscaping Code
The site currently features minimal landscaping and no significant vegetation. The applicant
proposes to include approximately 443m2 of soft landscaping on the site equating to around 17%
of the total site area. This proposal exceeds the minimum 10% required in the Business Centre
Zone.
The proposal includes minimum 3 metre wide landscaped areas to the boundaries with a seating
area and feature canopy tree proposed on the eastern side of the proposed building. This is
considered appropriate to provide shade and shelter for pedestrians and patrons taking short
breaks as well as softening the appearance of the building. The pedestrian arbour proposed on
the Weyba Road frontage provides a point of interest in the landscape, although serves little
purpose other than creating height within the landscape. Soft landscaping is proposed to include
a variety of ground covers, shrubs and green wall on the front of the proposed building.
The proposal plan indicates also that a lockable fence and gate would be located behind the wall
preventing access to the area behind the building where the water tanks are located. The
location of the gate however, is some 11 metres from the end of the wall that extends east of the
building, behind the seating area and feature tree. Application of CPTED principles would
indicate this area as a potential risk as an entrapment area with little surveillance between the
building wall, acoustic wall and will be potentially screened with dense shrubs and trees.
The inclusion of a lockable gate is supported, however the location of the gate and fence should
be brought eastwards to no greater than 0.5m from the eastern end of the wall. This will
eliminate a potential concealment or entrapment point.
The concept landscape plan is generally supported and it is recommended that a condition be
included requiring an Operational Works application generally reflective of the concept landscape
plan subject to the CPTED issues being addressed.
Page 47 of 84
Section 48
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Water Sensitive Design Code
The proposed development includes water sensitive design components which do not currently
feature on the existing site. All stormwater runoff is proposed to be directed internally on the site
to be treated through the proposed treatment train before being discharged via a lawful point of
discharge on Mary Street and Weyba Road.
Building Removal, Relocation and Demolition Code
The demolition of the existing development requires management to ensure the likely impacts of
demolition on the surrounding environment are mitigated. It is considered that the greatest
amenity impacts likely to arise are those attributed to noise, dust and emissions.
It is also considered that in order to minimise intrusion to neighbouring residents, the acoustic
fence should be erected following completion of the demolition of the existing building and before
new building work or excavation work commences. Constructing this acoustic fence early will
assist in protecting neighbouring properties from the impacts of extended periods of construction.
Should the application be approved, an appropriate condition can be included with the decision
notice.
Advertising Devices Code
The application also seeks approval of a Development Permit for Operational Works – Signage.
The applicant has proposed several signs typical of the branding and identification normally
associated with modern service stations. A pylon sign is proposed with each sign face being
4.43m2. Three additional signs which have a total sign face area of 5.78m2 are also proposed.
The extent of signage is consistent with the Noosa Plan except for each sign face of the pylon
sign which exceed 4m2. It is recommended that a condition be included to limit each sign face of
the pylon sign to no greater than 4m2.
Illumination of signage is not encouraged by the advertising devices code. Given the operating
hours of the business from 5am to 10pm, and also given the nature of the business being vehicle
orientated, it is considered that the illumination of one sign is acceptable on the condition that the
brightness of the LED or internal illumination is not excessively bright.
Overlays
The application has been assessed against relevant overlays. The pertinent issues arising out of
the assessment against the codes are discussed below:
Natural Hazards
The site is identified as having an elevation of 1.8-2.0 metres AHD. To aid in protecting the
premises during times of flood, measures such as elevating electrical switches and points is a
sensible solution so as not to electrify floodwater.
The applicant proposes to locate electrical connections at or above 2.8mAHD which provides
approximately 300mm freeboard above the defined flood level identified for the site at 2.5mAHD.
The applicant also proposes to use flood resilient building materials and the capacity for goods
within the building to be evacuated to higher levels should inundation occur.
4. DRAFT PLANNING SCHEME
The draft Noosa Planning Scheme identifies the proposed use by the following definition:
Service Station means the use of premises for –
(a) selling fuel (petrol, liquid petroleum gas, automotive distillate or alternative fuels for
example); or
(b) a food and drink outlet, shot, trailer hire, or maintaining, repairing, servicing or washing
vehicles, if the use is ancillary to the use in paragraph (a).
Page 48 of 84
Section 49
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Under the draft planning scheme, the site is identified in the District Centre Zone. All of the site is
included within the Mary Street/Thomas Street Health and Wellbeing Precinct. The proposed use
if it were made under the provisions of the draft planning scheme would be an inconsistent use
subject to impact assessment. It is noted that service stations are inconsistent uses throughout
all of the Shire with the exception of Lionel Donovan Drive Auto Precinct.
5. CONSULTATION
5.1. Referral Agencies
The application was not required to be referred to Referral Agencies.
5.2. Other Referrals
The application was forwarded to the following internal Council officers:
Coordinator, Development Engineering;
Coordinator, Environmental Health; and
Environment Officer
The application was also reviewed by external consultants in relation to traffic and water quality.
5.3. Public Notification
The application was publicly notified for at least fifteen (15) business days in accordance with the
Planning Act 2016. Seventeen (17) properly made submissions and Four (4) not properly made
submissions were received. The following table provides a summary and assessment of the
issues raised by submitters.
Matters Raised Comments
Letter of support 20 of the total 21 submissions made were in support of the
application. The proforma submission letter states that the submitter
“regard[s] it as worthy of the community’s backing” and that the
“redevelopment would make a valuable contribution to the local
economy and improve the character of this important corner in
Noosaville”.
Concern relating to amenity of The submitters identify that they are owners of a unit adjacent to the
neighbouring residential premises and raise concerns around the use of the 3m wide
development during construction easement between the subject site and 255 Weyba Rd, Noosaville
during construction. The submitter requests clarification as to what
the builder will do to stop the easement being used during
construction with potential to damage their new fence and the
proximity to the clothes line in the rear courtyard of their property.
The submitter also seeks clarification as to when the 3 metre
acoustic barrier will be installed.
In consideration of the concerns raised in the submission it is
considered that conditioning the development to install the acoustic
barrier after demolition and prior to any further building works
commencing is a reasonable requirement. This will allow noise and
dust to be minimised during the period of construction. While it is
understood that noise may result from the demolition of the existing
premises, the period of time that this will be undertaken would be
far less than the rebuilding phase. Further, the northern boundary of
the site would be more readily accessed for installation of the
acoustic barrier after the existing buildings have been removed.
Page 49 of 84
Section 50
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
6. CONCLUSION & REASONS FOR DECISION
The application seeks approval for Retail Business in the form of a service station and shop
which are consistent uses in the Business Zone, but inconsistent in the Mary/Thomas Street
Precinct.
It is recommended that the application be approved as a service station currently exists at 54
Mary Street whilst a vehicle hire business currently operates at 52 Mary Street. The subject site
is suitably situated on a corner and is located on the major road network. The proposal also
provides for a significant improvement to the current built form and results in improved amenity
outcomes for adjoining residents.
The applicant has demonstrated that the service station can operate without adverse effects on
the major road network with safe vehicle and tanker access and the queuing and manoeuvring
being wholly within the site. The built form, layout, and landscaping all comply with The Noosa
Plan.
Where impacts have been identified, appropriate reasonable and relevant conditions have been
applied. The proposal does not raise any other significant planning concerns and is
recommended for approval, subject to conditions.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
x Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development X Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning x Infrastructure Planning,
Design and Delivery
Page 50 of 84
Section 51
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Page 56 of 84
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a a 4Section 57
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
3 MCU19/0017 & RAL19/0004 - REPRESENTATIONS TO CONDITIONS - MATERIAL
CHANGE OF USE FOR COMMERCIAL BUSINESS - TYPE 1 OFFICE, TYPE 2
MEDICAL, ANCILLARY DWELLING UNIT AND RECONFIGURATION OF A LOT -
ACCESS EASEMENT AT 36 & 40 HOFMANN DR, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development Department
Index ECM/ Application/MCU19/0017 & RAL19/0004
Attachments 1. Easement Plan
APPLICATION DETAILS
Applicant Ribarja Pty Ltd
Development Approval Material Change of Use - Ancillary Dwelling Unit, Commercial
Business - Type 1 Office, Commercial Business - Type 2 Medical
Development Permit for Reconfiguration of a Lot – Access
Easement
Representations Received on 5 November 2019
Number of Submissions for Not applicable
Original Application
PROPERTY DETAILS
Property Address 36 & 40 Hofmann Dr Noosaville
RP Description Lot 6 & 7 SP 264847
Land Area 4000m² & 4000m²
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Shire Business Centre (Precinct E4)
Overlays Biodiversity Overlay (Environmental Enhancement and Protection
Area)
Natural Hazard Overlay (Acid Sulphate Soils)
Assessment Type Representations made to original approval
Page 57 of 84
Section 58
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 December 2019 regarding representations made in relation to
Application No. MCU19/0017 for a Development Permit for Material Change of Use - Ancillary
Dwelling Unit, Commercial Business - Type 1 Office, Commercial Business - Type 2 Medical and
RAL19/0004 for a Reconfiguration of a Lot – Access Easement (alteration of existing) situated at
36 & 40 Hofmann Dr, Noosaville and:
A. Agree to amend Condition 24 to read as follows:
24. Appropriate sight lines from the basement car park must be demonstrated with any
operational works application and prior to the issue of any Operational works
approval. The sight lines must be generally in accordance with the drawing titled
Change to Carparking & Proposed Easements Plan, Reference No. D-02391.01-C,
dated 12.09.2019 and AS/NZS2890.1:2004. Prior to the issue of the development
approval for any operational works:
a. The survey plan for the required easements within the adjoining property (Lot 5
on SP264847) and the associated easement documents are to be approved to
confirm compliance with conditions by Council.
b. A written undertaking from the developer (solicitor or alternative acceptable to
Council) must be provided to Council that confirms that the easement
documents will be submitted with the State Titles Registry in conjunction with
the cadastral survey plan upon completion of the relevant civil works on the
site. The easements must be registered and copies of the registered
documents submitted to Council prior to the commencement of the approved
use. The easement documents must be registered within 30 days from the date
of the issue of the Operational Works approval.
B. Agree to delete Condition 34.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. BACKGROUND
A Development Permit for a Material Change of Use - Ancillary Dwelling Unit, Commercial
Business - Type 1 Office, Commercial Business - Type 2 Medical and RAL19/0004 for a
Reconfiguration of a Lot – Access Easement (alteration of existing) was issued on 24 October
2019.
The applicant suspended the appeal period and made representations on 5 November 2019 to
the development approval conditions. The representations are detailed below and primarily relate
to sight lines associated with access to the site.
2. ASSESSMENT
An assessment in relation to each of the submitted representations is provided below:
Condition 24
Appropriate sight lines from the basement car park must be demonstrated with any operational
works application and prior to Operational works approval. Any associated easements must be
registered and available prior to the issue of an Operational works approval.
Page 58 of 84
Section 59
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Condition 34
An easement for sight line purposes must be registered in favour of the subject property against
the title of the adjoining property (Lot 5 on SP264847). The easement must be of sufficient
dimensions to fully encompass the necessary sight lines indicated on Change to Carparking &
Proposed Easements plan, Reference no. D-02391.01-C, dated 12.09.2019. This must be in
accordance with AS\NZS2890. The terms of the easement must be submitted to Council for
approval as part of the subsequent plan sealing application and be registered prior to the issue of
any Operational Works approval.
Applicant’s Representation
The easement providing the subject site with rights to protect sight lines over the adjoining lot
also require the adjoining lot (Lot 5 on SP264847) to have access rights to a car parking space
on the subject site. The rights as provided by both easement are not required until immediately
before the approved uses commence. In fact access is not possible or advisable to the
carparking space until the approved development is fully completed. Under such a situation the
easement documents and cadastral survey plan for these easement can be approved by Council
and the cadastral survey plan lodged with the State Title Registry for assessment for survey
content only. Lodgement of the easement documents and registration of the cadastral and
easement documents can follow through formal lodgement by the applicant’s solicitors. Under
such a circumstance, a solicitor's undertaking (or alternative acceptable to Council) could be
provided to Council as a condition of approval to confirm the easement documents will be
submitted with the Plan Registry Authority in conjunction with the Cadastral Survey Plan upon
completion of development works on the site and be registered before the approved uses
commence.
The applicant has requested to amend Condition 24 as follows: Appropriate sight lines from the
basement car park must be demonstrated with any operational works application and prior to
Operational works approval. Any associated easements must be registered and available prior to
the issue of an Operational works approval. The metes and bounds for the required easements
and required easement documents are to be approved by Council prior to the issue of the
development approval for operational works. Council requires a written undertaking from a
solicitor's (or alternative acceptable to Council) that confirms that the easement documents will
be submitted with the State Titles Registry in conjunction with the cadastral survey plan upon
completion of development works on the site and registered before the approved uses
commence on the site.
The applicant wishes to ensure that all works are actually located within the boundaries of the
new easement, and a survey is usually undertaken when the construction works are
completed. There is a requirement to construct the additional carpark at the front of the site and
register an easement over this carpark, however the new carpark cannot be constructed until
operational works approval is obtained.
The applicant has in light of the requested changes to Condition 24, requested the deletion of
Condition 34, as the requested changes to Condition 24 include the requirements outlined in
Condition 34.
Assessment of Representation
Existing Conditions 24 & 34 ensure that easements are created as soon as possible to prevent a
complete development which is ready to operate but cannot because the sight lines across the
neighbouring property are obscured and the development access is unsafe.
The applicant’s proposed change to Condition 24 is agreed in principle and meets Council
officers expectations with regard to mitigating the risk of access not being satisfactory when the
use on site commences. The suggested wording by the applicant has been amended for clarity
as per the recommendation above. It is also agreed that Condition 34 can be deleted, as
amended Condition 24 now includes those requirements currently outlined in Condition 34.
Page 59 of 84
Section 60
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
3. CONCLUSION & REASONS FOR DECISION
The applicant’s request is considered reasonable and addresses the requirements for easements
within the relevant timelines. It is therefore recommended to agree to amend Condition 24 and
delete Condition 34.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 60 of 84
Section 61
ATTACHMENT 1
Page 61 of 84
IMPORTANT NOTE: eROPOSED NEW EASEMENT ATTACHMENT 1
This plan was prepared for Ribas Pty. Lid. as a proposal plan to accompany 3 (Access) PROSE [CRE AREER PYLON SIGN
development application to Noosal Council and should not be used for any other Abt. 4m? <— DEVICES CODE (OPTION 2}
purpose. The dimensions. areas and ication of proposed works as shown hereon 0 - DEEP PLANTING |
are subject to the issue of all relevant development permits by Noosa Council: a field | corey $\= ZONE - BIO
sizvey by a Consulting Cadastral Surveyor and aiso any additonal requirements of EXSTINGTREE -- ‘| a L
Noosa Counci and any other authorty which may have requirements under any WE eo=: un Spa
on this plan for any financial dealings involving the land. This note is an integral HYDRANT a7
¢ of this plan. RAISED KERS Ye INVERT | ee Cavern! sober VA oe
The base plan information was that obtained from a Drawing Numbered exp poe EASE ‘ | = mn eee
‘ADA-21-208 Rev 9 and dated 15.08.2019 by Thomson Adsett pxstac tree PROPO! i — PROPOSED NEW EASEME “— ROPOS
Abt [117 2
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martoo P.O. Box 1684 P.O. Box 391
consulting m NOOSA HEADS QLD 4567 GYMPIE QLD 4570 ——_—o. Nut Cr TOO CONSULTING
ply itd Ph: 07 5447 2550 Ph: 07 5482 7440 Locat Aumority: oe
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designers + surveyors Easements D-02391-01-C
Page 61 of 84Section 62
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
4 MCU19/0030.01 - MINOR CHANGE APPLICATION FOR A MATERIAL CHANGE OF
USE - MULTIPLE HOUSING - TYPE 4 CONVENTIONAL (3 UNITS) - 217 AND 219
GYMPIE TERRACE, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Tara Norley
Environment and Sustainable Development Department
Index ECM/Application/MCU19/0030.01
Attachments 1. Approved Plans
2. Proposed Amended Plans
(Note: Both attachments are provided separately to this report)
APPLICATION DETAILS
Application No. MCU19/0030.01
Development Approval Material Change of Use - Multiple Housing - Type 4 Conventional (3
Units)
Applicant Gympie Terrace Noosaville Pty Ltd
Request Received On 30 October 2019
PROPERTY DETAILS
Property Address 217 and 219 Gympie Terrace, Noosaville Qld 4566
RP Description Lot 1 on RP66483 and Lot 1 on RP70165
Land Area Lot 1 on RP66483 – 524.36m²
Lot 1 on RP70165 – 559.32m2
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Visitor Mixed Use
Overlays Natural Hazards (Flood Hazard and Acid Sulfate Soils)
Assessment Type Minor Change to Development Approval
Page 62 of 84
Section 63
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 December 2019 regarding Application No. MCU19/0030.01 to
make a minor change to an existing approval for Multiple Housing - Type 4 Conventional (3
Units) situated at 217 and 219 Gympie Terrace, Noosaville Qld 4566 and:
A. Approve the change.
B. Amend Condition 2 to read as follows:
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
C1.0 N/A Site Plan 16/05/19
C2.0 F Basement 07/08/19
C3.1 F Level 1 07/08/19
C3.2 D Level 2 07/08/19
C5.0 N/A Level 3 16/05/19
C6.0 F Elevations 07/08/19
C6.1 F Elevations 07/08/19
C7.0 N/A Building Section – Terrace 07/08/19
C7.1 E Building Section – Dining & Pool 07/08/19
C60.0 F Pool Details – Level 1 (Ground) 07/08/19
C71.1 B Stair Details (Fire Escape) 07/08/19
C71.2 N/A Stair Details Perspective 07/08/19
C73.0 N/A Pump House 07/08/19
28292-C1.1 A Preliminary Driveway Plan, as amended and 17/04//2019
dated by SCG Consulting
28292-OW5.2 A Driveway Levels and Sections, prepared by 17/04//2019
SCG Consulting
C. Amend Condition 17 to read as follows:
17. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and the Noosa Plan for that specific
area. Landscaped planter boxes to extend along the length of the eastern and
western façade of the building in accordance with Approved Plans MCU19/0030
Noosa Council 15 August 2019.
Page 63 of 84
Section 64
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
D. Include the following additional conditions:
Fire Pump
46. The diesel fire pump housing is to be of a muted tone, with signage of a contrasting
colour and easily distinguishable.
Meter Assembly
47. The outlet side of the meter assembly located in the north western corner of the lot
must be setback a minimum of 2 metres from the northern boundary.
E. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks approval to change to an existing development approval. The application
material states:
This application seeks to change the approved plans in the following manner:
Basement:
o New fire stairs exit. Fire services have advised that a further fire exit is required from
the basement and that the existing driveway grade is too steep for use as an exit.
The fire stair exit has been located to minimise impacts on the surrounding area and
complies with side boundary setbacks and fire requirements.
Level 1:
o Modified garden beds at front of site
o Details of meter and booster areas at front of site
o New fire stair exit along eastern side of building
o Relocate bin area to rear of site
o Diesel pump in south-western corner of site
o Pool window to Gympie Terrace removed
o Changes to ground level planters and pathways
o Disable ramp at rear of building for access to lift
Level 2:
o Drop down pelmet provided to ceiling of each unit which results in height of windows
reducing 200mm.
o Planter beds reduced along side of building.
Level 3
o Drop down pelmet provided to each ceiling of each unit, which results in height of
windows reducing 200mm.
o Planter beds reduced along side of building.
The proposed changes are a result of further design and development and fire service
regulations.
Additionally, changes are proposed to the eastern and western façade of the building, including a
change in landscaping and articulation of the building.
Page 64 of 84
Section 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
2. BACKGROUND
A development approval for a Material Change of Use - Multiple Housing - Type 4 Conventional
(3 Units) was approved by Council at the Ordinary Meeting on 15 August 2019. The Minor
Change application is back before Council due to the original decision being made by Council.
Three submissions were received in relation to the original application. The main planning issues
with the original application were in regards to setbacks, height, view lines and privacy of
adjoining properties. These issues were addressed throughout the assessment process and
appropriately conditioned.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Noosaville Locality Code;
Residential Uses Code;
Landscaping Code; and
Natural Hazard Overlay Code
The minor change application has been found to generally comply with all applicable statutory
instruments. The pertinent issues arising out of the assessment are discussed below.
3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of
the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
the development would not result in substantially different development, as the changes
are relatively minor in nature and do not result in a change of use or a dramatic change to
the built form in terms or scale, bulk and appearance;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new mattes prescribed by regulation;
the original application was impact assessable, therefore the change would not cause the
application to change the level of assessment.
Applicant’s Request
The minor change application requests to change Condition 2 to reflect updated plans for the
development. The applicant states that the proposed changes are a result of further design and
development and fire service regulations.
Page 65 of 84
Section 66
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Existing Condition
Condition 2
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
C1.0 NA Site Plan 16/05/19
C2.0 NA Basement 16/05/19
C3.0 NA Level 1 16/05/19
C4.0 NA Level 2 16/05/19
C5.0 NA Level 3 16/05/19
C6.0 NA Elevations 16/05/19
C7.0 NA Elevations 16/05/19
28292-C1.1 A Preliminary Driveway Plan, as amended and dated 17/04//2019
by SCG Consulting
28292-OW5.1 A Driveway Levels and Sections, prepared by SCG 17/04//2019
Consulting
As Annotated by Council
Assessment of Request
The updated suite of plans has been assessed, with the following changes proposed:
New Fire Stairs from the Basement to Ground Level
New stairs are proposed in the south eastern corner of the building, along the eastern façade,
providing a fire exit from the basement to ground level (exterior to the building).
Figure 1: New Fire Stairs Exit (Basement and Level 1)
Page 66 of 84
Section 67
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Figure 2: New Fire Stairs Exit Render
The proposed stairs are considered a relatively minor addition, and do not dramatically change
the built form of the building. The stairs have been designed to taper down towards the rear of
the building to incorporate a screened waste storage area, and are to be clad with aluminium
battens to provide further articulation to the eastern façade of the building. The fire stair slightly
increases overall site cover, however the development still complies with site cover requirements
of the planning scheme. In addition, at a 1.7 metre setback, the stairs comply with setback
requirements under the planning scheme. The change is considered necessary and will improve
the safety of the residents onsite.
Waste Storage Area
A waste storage area is proposed in the south eastern corner of the building, along the southern
façade, providing room for the storage of six waste bins (refer to Figure 2, Figure 3 and Figure 4).
The proposed waste storage area is provided in order to comply with Waste Storage conditions
included in the original Development Permit.
Figure 3: New Waste Storage Area
Page 67 of 84
Section 68
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Figure 4: Southern elevation
It is noted the area does not provide for green waste bins, however the applicant has provided
the following statement:
As part of the Administration fund (which is a statutory requirement) the maintenance of the
gardens and landscaped areas will be undertaken by a contractor who will take the green
waste to the dump. This is significant as the upper two levels don’t have any private
landscaped open space at ground level that would necessitate the need for a green bin.
The waste storage area is an imperviously paved area, correctly sized for all refuse and recycling
containers and suitably screened from public places and neighbouring properties, therefore
complying with the condition of the original Development Permit. The proposed waste storage
area is considered a relatively minor addition, and does not impact the built form of the building.
Diesel Pump in South Western Corner of the Site
A diesel pump is proposed in the south western corner of the subject site (refer to Figure 5). The
application material states:
The approved plans have been assessed by MRP Hydraulic and Fire Services Consultants who
have advised that a diesel pump is required for the development. The consultant advised;
The pump is required to ensure satisfactory D-T-S fire hydrant flows and pressures are achieved
in accordance with the BCA and AS2419 and located at the rear because it was considered less
favourable from a building design perspective at the front of the development.
These diesel fire pump will be run and tested weekly in accordance with AS1851.
Standpipes at the front of the development will be limited to the standard Unity water standpipes.
All other fire fighting standpipes will be contained within the H-patter Booster Cabinet.
Figure 5: Proposed Diesel Pump
Page 68 of 84
Section 69
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
The pump, at 3.6m wide, 1.2m deep and approximately 2.1m in height, is located to the rear of
the property within a screened 2.2m high enclosure. The fence forming the rear and western
portion of the enclosure is an existing 2.8m block fence. The pump requires a hardstand area to
comply with fire requirements. The pump is not anticipated to have any adverse impacts on
amenity from the street frontage, however due to proximity to the rear boundary, it is
recommended the pump be painted in subdued tones. Advice from the applicant stated:
The pump housing is not required to be painted red, it can be painted out. Signage will be
required to be painted in a contrasting colour and easily distinguishable
Therefore, the following additional condition is recommended:
Fire Pump
46. The diesel fire pump housing is to be of a muted tone, with signage of a contrasting colour
and easily distinguishable.
The change is considered necessary and will improve the safety of the residents’ onsite and is
therefore recommended to be supported.
Meter and Booster Assembly in North Western Corner of the Site
A meter assembly and booster assembly are proposed in the north western corner of the lot,
along the street frontage.
Figure 6: Proposed Booster Assembly and Meter Assembly
Figure 7: Proposed Booster Assembly and Meter Assembly Render
Page 69 of 84
Section 70
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
The booster assembly is approximately 1.8m in height, whilst the meter assembly is
approximately 1.1m in height (refer to Figure 7). The assembly areas are required to be at the
road frontage due to fire regulations, with both pieces of equipment proposed to be setback
approximately 1.4m from the front boundary. It is noted however that South East Queensland
Water and Unitywater requires the meter assembly to be a maximum distance inside the
boundary of 2m to the outlet side of the meter assembly. Therefore, the following condition is
recommended to increase the proposed setback of the meter assembly to a minimum of 2m from
the road boundary, complying with South East Queensland Water and Unitywater requirements
whilst reducing the visual impact of the assembly areas from the street frontage.
Meter Assembly
47. The outlet side of the meter assembly located in the north western corner of the lot must be
setback a minimum of 2 metres from the northern boundary.
The change is considered necessary and will improve the safety of the residents’ onsite, and is
therefore recommended to be supported.
Window Height Reduction on Each Unit
The change includes a 200mm drop down of the pelmet provided to ceiling, reducing the window
height on each unit.
Figure 8: Reduced Pelmet
The change is considered a minor aesthetic change and is recommended to be supported.
Page 70 of 84
Section 71
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Change to Eastern and Western Façades
The application includes a change to the eastern and western façade of the development.
Figure 9: Approved and Proposed Eastern Façade
Figure 10: Approved and Proposed Western Façade
The change is considered aesthetic only and relatively minor in nature. The wall does not exceed
the maximum wall length of 15m allowable under The Noosa Plan, and each external wall plane
incorporates at least one design element to add visual interest and amenity, including louvers
and a mix of building material, creating diversity and visual interest.
Figure 11: Render of proposed façade changes
Page 71 of 84
Section 72
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Change to Landscaping (Planters and Pathways)
Although indicative landscaping was shown on the original approved plans, the original
Development Permit did not include an approved Landscaping Plan. An Operational Works
application (OPW19/0205) has been lodged for landscaping. The landscaping plan lodged does
not include planter boxes along the eastern and western façade of the upper level units, as was
indicatively shown on the original approved proposal plans. Council has issued an Information
Request requesting amended plans be provided that comply with the original approved plans for
MCU19/0030.
Figure 11: Render of façade with planter boxes removed
The removal of the planter boxes along the Level 2 and Level 3 east and west façades is not
supported, as the proposed landscaping was taken into consideration in the original assessment
of the application, and was considered to provide additional visual interest and amenity to the
side façades, particularly for adjoining properties. It is recommend Condition 17 be amended to
read as follows:
17. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area. Landscaped
planter boxes to extend along the length of the eastern and western façade of the building
in accordance with Approved Plans MCU19/0030 Noosa Council 15 August 2019.
Page 72 of 84
Section 73
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Change to Pool
The ‘window’ located in the side of the pool facing Gympie Terrace (refer to Figure 12) is
proposed to be removed (refer to Figure 123).
Figure 12: Approved Pool Fence
Figure 13: Proposed Pool Fence
The change is considered minor and is recommended to be supported. An Operational Works
application (OPW19/0205) has been lodged for landscaping, therefore any proposed landscaping
along the road frontage in front of the pool fence will be assessed as part of the OPW application.
The front fence is proposed to be setback 1m from the property boundary, and it is considered
landscaping along the road frontage will soften the appearance and screen the bulk of the
proposed front block wall fence.
Administrative Change
It is noted the original Approved Plans table listed in Condition 2 of the Development Permit
included an error. This error will be corrected as part of this minor change application.
28292-OW5.1 A Driveway Levels and Sections, prepared by 17/04//2019
SCG Consulting
As Annotated by Council
Figure 14: Incorrect Plan listed in original Development Permit
Page 73 of 84
Section 74
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
28292-OW5.2 A Driveway Levels and Sections, prepared by 17/04/2019
SCG Consulting
Figure 15: Corrected Plan to be included in updated Condition 2
4. DRAFT PLANNING SCHEME
Under the draft New Noosa Plan, the subject site is located within the Tourist Accommodation
Zone, which reflects the intent of the current Visitor Mixed Use Zone under the existing Noosa
Plan. No change in the assessment would result under the draft New Noosa Plan.
5. CONSULTATION
5.1. Referral Agencies
Not applicable
5.2. Other Referrals
The application was forwarded to the following internal Council specialists:
Development Engineer, Development Assessment
6. CONCLUSION & REASONS FOR DECISION
The application seeks a Minor Change to a Development Permit for a Material Change of Use -
Multiple Housing - Type 4 Conventional (3 Units) at 217 and 219 Gympie Terrace, Noosaville. A
number of the proposed changes are in response to requirements relating to fire safety, and are
therefore considered necessary and are supported. The remainder of the changes are
considered minor aesthetic changes, complying with planning scheme requirements, and do not
raise any concerns by Council. The proposed changes to the approved plans are considered
relatively minor and will not result in substantially different development. The changes are minor
and supported.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 74 of 84
Section 75
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
5 NEW REPORTING REQUIREMENTS FOR INFRASTRUCTURE CHARGES AND TRUNK
INFRASTRUCTURE
DOCUMENT INFORM AT ION
Author Infrastructure Assessment Coordinator, Oddbjorn Ludvigsen
Environment and Sustainable Development Department
Index ECM/ Subject/ 66.02 - Infrastructure Charges Instruments & Policy
(Council/State)
Attachments 1. DSDMIP Factsheet September 2019 – Proposed Planning Regulation
amendments
2. DSDMIP Template 2 - Infrastructure charges & Trunk infrastructure
information
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 10 December 2019 advising of new reporting
requirements for infrastructure charges and trunk infrastructure.
REPORT
Correspondence dated 21 December 2018 from the Deputy Director-General of the Department
of State Development, Manufacturing, Infrastructure and Planning (DSDMIP) advised of
amendments that were being proposed to the Planning Regulation 2017. This was in response to
an election commitment made by the Queensland Government to the development industry to
improve the transparency and efficiency of local government infrastructure planning and charging
processes.
During January and February 2019, the Department held a number of discussion forums about
the proposed Planning Regulation amendments and a submission on the proposed changes was
made to the Department (DSDMIP) on 22 February 2019.
Notifications to Council dated 27 and 30 September 2019 from the Minister and the Director-
General of the Department (DSDMIP) have advised that amendments to the Planning Regulation
2017 are currently being progressed to support the election commitment.
The subordinate legislation “Planning (Infrastructure Charges Register and Other Matters)
Amendment Regulation 2019” was then passed by parliament and published on 4 October 2019
with amendments to commence on 1 January 2020. These regulatory amendments will result in
additional reporting requirements and provision of online documentation by local government
relating to infrastructure charges registers, infrastructure charges notices, supporting materials
for Local Government Infrastructure Plans and trunk infrastructure provision details.
Further details of the regulatory amendments are provided in the Department’s “Factsheet” in
Attachment 1 with corresponding Council required actions summarised as follows:
Page 75 of 84
Section 76
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
1. Prescribed Amount Table (Schedule 16 of the Planning Regulation 2017)
This is a basic amendment to simply include the date when the prescribed (maximum) charge
amounts were last updated by the State government to clarify the period from which the
prescribed amounts apply. This amendment has since been included in the Planning Regulation
2017 version dated 4 October 2019.
2. Infrastructure Charges Notice (Schedule 22 - Publicly accessible documents)
From 1 January 2020, Infrastructure charges notices will be required to be made available for
inspection and purchase, and published on Council’s website.
Council’s Planning Assessment section will therefore include Infrastructure Charges Notices with
the respective Decision Notice issued from 1 January 2020 on the “Planning Online” page of
Council’s website.
3. LGIP support material (Schedule 22 - Publicly accessible documents)
Currently, the LGIP support material is only required to be available for inspection and purchase,
however, from the 1 January 2020, this will also be required to be available online.
The current Noosa LGIP material has already been included on the “View the Noosa Plan” page
of Council’s website since the LGIP’s adoption by Council. Similarly, the new LGIP will be
included on Council’s website by the Strategic Planning section as part of the new planning
scheme (following its adoption by Council).
4. Infrastructure charges register (Schedule 22 - Publicly accessible documents)
The infrastructure charges register is currently only required to be available for inspection and
purchase. From 1 January 2020, it will also be required to be available online and updated
monthly.
Council’s Planning Assessment section will include the Infrastructure Charges Register on the
“Infrastructure Charges” page of Council’s website. The register is in excel format and will detail
infrastructure contributions and charges applying to Noosa Council from 1 January 2014 (i.e.
since de-amalgamation). The actual register is a “live” excel document that is amended multiple
times each day according to the transactions as they occur, however, the online version will only
be updated following the monthly reconciliation of infrastructure charges receipts.
5. Infrastructure information (Schedule 22 - Publicly accessible documents and
Schedule 24 Dictionary)
New annual reporting requirements are to be provided at the same time as the Council annual
report and are also to form part of the Infrastructure Charges Register made available online. The
requirements include:
a) actual infrastructure charges revenue and expenditure for the previous financial year;
b) a list of trunk infrastructure items delivered by the local government and developers for the
previous financial year; and
c) forecast infrastructure charges revenue and “trunk” infrastructure expenditure projecting
four years ahead.
The Department has provided a template for local government use in Attachment 2. This will
require completion in a combined effort by Financial Services, Asset Management, Infrastructure
Planning, Design and Delivery and Development Assessment sections of Council. The overall
responsibility and management will be undertaken by the Manager, Financial Services.
As the 2018-2019 Council Annual Report has already been completed and adopted by Council
before these new regulatory reporting requirements commence, the new requirements will
therefore only be fully completed and included in the next 2019-2020 Council Annual Report.
Once completed, details will be provided on the “Infrastructure Charges” page of Council’s
website and/or linked to the “Council Annual Report”.
Page 76 of 84
Section 77
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Previous Council Consideration
Nil.
Finance
The infrastructure charges revenue for the current 2019-20 financial year is estimated at $1.9
million.
The LGIP Schedule of Works assigns “trunk” infrastructure projects estimated in the order of:
$74 million under the current LGIP over a 17 year period from 2014 to 2031; and
$84 million under the draft new LGIP for the new planning scheme over a 15 year period
from 2016 to 2031.
Risks & Opportunities
Council is required to comply with legislative and regulatory requirements.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Manager, Development Assessment
Director, Environment & Sustainable Development
Manager, Financial Services
Director, Corporate Services
Manager, Asset Planning
Manager, Infrastructure Planning Design & Delivery
Director, Infrastructure Services
Departments/Sections Consulted:
Chief Executive Officer Community Services X Corporate Services
Executive Officer Director x Director
Executive Support Community Development x Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development X Infrastructure Services
Director x Director x Director
Community Engagement Building & Plumbing Services x Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning x Infrastructure Planning,
Design and Delivery
Page 77 of 84
Section 78
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Page 78 of 84
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Department of State Development, Manufacturing, Infrastructure and Planning ATTACHMENT 1
Local government infrastructure g
planning and charging a8
4
an
. . 84
Proposed Planning Regulation 2017 amendments ®
Overview
Following consultation in early 2019 with local governments, industry, distributer-retailers and state agencies,
amendments to the Planning Regulation 2017 (Planning Regulation) relating to infrastructure planning and
charging are being progressed by the Department of State Development, Manufacturing Infrastructure and
Planning (DSDMIP).
The amendments are aimed at improving transparency around the levying and collection of infrastructure charges
as well as improving public access to local government infrastructure planning and charging information.
The amendments will come into effect shortly.
New requirements for local governments with a Local
Government Infrastructure Plan (LGIP)
The Planning Regulation amendments relate to:
e infrastructure charges registers
e infrastructure charges notices
e the prescribed amounts in Schedule 16
e public access to the documents used to make, amend and inform LGIPs.
The introduction of new requirements will be staged to give local govemments with an LGIP time to adjust their
business systems. Details of the new requirements and their commencement dates are as follows:
Component | Requlation Change or new requirement Notes
PT teh
Proposed commencement date, subject to legislative approval
Prescribed Schedule 16- | * Clarifying in note form when the Schedule 16 identifies the prescribed amount
amount table | Prescribed prescribed amount was last updated (maximum amount) a local government can
amount and how future amount increases are levy for infrastructure charges.
calculated.
Proposed commencement date of 1 January 2020
Infrastructure | Schedule 22- | * _ Infrastructure charges notices (issued | Ap infrastructure charges notice provides
charges Publicly on or after 1 January 2020) to be information about the infrastructure charge
notice made available: that is levied by the local goverment.
ae Queensland
INVESTED IN QUEENSLAND we Government
) ‘aren
Page 78 of 84Section 79
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Page 79 of 84
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Department of State Development, Manufacturing, Infrastructure and Planning
Component | Regulation Change or new requirement er
CT eh
accessible o for inspection and purchase at the | Amended infrastructure charges notices will
documents local government office, and required to be made available online if the
o online. original notice was issued on or after 1
January 2020.
Infrastructure charges notices provided
online, may be standalone documents or part
of a development approval package.
LGIP support « _LGIP support material to be made
material available online, including:
o schedule of works mode!
o LGIP review checklist
othe appointed reviewer statement
o extrinsic material (study or report)
identified in Part 4 of the LGIP.
Infrastructure | Schedule22— ° Register to: ee eens ey required to
charges Publicly o be made available online keep, and have available for inspection and
register oo accessible > include inf ion ‘red to be purchase, an infrastructure charges register.
(register) documents reported on prior to 1 January
Schedule 24 — 2020 and additional information All levied infrastructure charges are to be
Dictionary for charges levied on or after 1 displayed in the online version of the
January 2020 register. Notations can be added to the
© be updated monthly from January | Tegister advising of amendments to
2020 with the monthly register | Previously levied charges.
updated no later than the end of
the following month
o be searchable and the results of
any search to be downloadable.
Infrastructure « New annual reporting requirements, A new definition is being added to Schedule
(which forms o forecast infrastructure charges ‘Infrastructure information’. Infrastructure
part of the revenue* and trunk (high order or information includes information related to
register) shared infrastructure) the actual and forecast collection and
projecting four years ahead. delivery of trunk infrastructure.
Reporting is to be provided at the | The infrastructure charges register is to
same time as the annual budget include the infrastructure information for the
© actual infrastructure charges local government.
revenue and expenditure for the The local government may also include
previous financial year. Reporting | infrastructure information in their annual
is to be provided at the same time | budget and/or annual report.
as the annual report.
1 A non-statutory infrastructure charges register template which aligns with the Regulation amendments is currently being
prepared and wil! be available on the department's website from the time the amendments take effect.
2 The real property description referenced in the infrastructure charges register must be the same or relate to the real property
description for the development approval. The real property description following plan sealing may also be represented. A
possible example is: Lot 82/RP183522 (cancelled by SP287915).
3 A non-statutory infrastructure information template which aligns with the Regulation amendments is currently being prepared
and will be available on the department’s website at the time the amendments take effect.
4 Forecast infrastructure charges revenue may be determined using accountancy standards, revenue reporting from the
schedule of works mode! or another methodology.
INVESTED IN QUEENSLAND
Page 79 of 84Section 80
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Page 80 of 84
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
Department of State Development, Manufacturing, Infrastructure and Planning
eeu Me Crt lie Change or new requirement Notes
PTere ital)
For local governments with infrastructure
charges revenue and/or contributed trunk
infrastructure of more than $20 million*
e New quarterly® reporting requirements,
including a list of trunk infrastructure
items delivered by the local
government and developers.
e Reporting is to be provided as soon as
practicable following the close of the
quarter.
e As the quarterly reports are produced,
a summary of the trunk infrastructure
for the entire financial year will be
displayed in the infrastructure charges
register.
For local governments with infrastructure
charges revenue and/or contributed trunk
infrastructure of less than $20 million
« New annual reporting requirements,
including a list of trunk infrastructure
items delivered by the local
government and developers for the
previous financial year.
e Reporting is to be provided at the
same time as the annual report.
Local governments without an LGIP
For local governments that do not have an LGIP, the Planning Regulation amendments do not apply.
More information
Local governments are encouraged to contact their local DSDMIP office if they require any clarification about the
Planning Regulation amendments. Contact details for the regional offices can be accessed below:
http://www.dsdmip.qid.qov.au/regional_development/queenslands-regions. html
5 The $20 million value is to be based on the previously published financial years’ annual report (based on infrastructure
charges revenue and the value of donated assets) and informed by an estimate of the charges related to development activity
forecast in the reporting period.
® Quarter 1 report — January to March, Quarter 2 report — April to June, Quarter 3 report — July to September and Quarter 4
report — October to December.
INVESTED IN QUEENSLAND
Page 80 of 84Section 81
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an § ® £Section 82
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
REPORTS FOR NOTING BY THE COMMITTEE
6 NOOSA BIOSPHERE RESERVE FOUNDATION - 2018/19 ANNUAL REPORT
DOCUMENT INFORM AT ION
Author Environmental Services Manager, Craig Doolan
Environment and Sustainable Development Department
Index ECM/ Subject/ Noosa Biosphere Reserve Foundation - Management
Attachments 1. Noosa Biosphere Reserve Foundation Annual Report 2018/19
2. Noosa Biosphere Reserve Foundation Audited Financial Statements
2018/19
(Note: Both attachments are provided separately to this report)
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Environmental Services Manager to the Planning &
Environment Committee Meeting dated 10 December 2019 and note the 2018/19 Annual Report
and audited Financial Statements received from the Noosa Biosphere Reserve Foundation as
provided at Attachments 1 and 2 to the report.
REPORT
The Noosa Biosphere Reserve Foundation (NBRF) was established by Noosa Council in 2015 as
a company limited by guarantee to manage the Noosa Biosphere Reserve Trust, which was
established for the public charitable purposes of advancing the natural environment of the Noosa
Biosphere Reserve.
Council has two roles with the NBRF Board:
The right to appoint one director of the Board, with Councillor Frank Wilkie being the
current appointee.
Council provides funding under a 3-year Funding Agreement and entered into the latest
one on 1 July 2018.
Under the funding deed, NBRF is required to provide a number of reports and information to
Council. Council has now received from NBRF the 2018/19 Annual Report (Attachment 1) and
audited Financial Statements (Attachment 2) pursuant to section 6.2 (b) and 6.2 (c) of the
Funding Deed.
In addition, pursuant to section 6.2 (a) of the funding deed a quarterly progress presentation was
provided to Council on 2 November 2018 for Q1 and a half-yearly and Q3 report was provided
concurrently to Council on 21 March 2019.
The Annual Report outlines the significant achievements of NBRF over the 2018/19 year. This
includes the successful completion of the 10-year periodic review. The review was presented to
the United Nations Educational, Scientific and Cultural Organisation (UNESCO) and greeted with
significant praise. UNESCO have confirmed Noosa’s status as a Biosphere Reserve for a further
ten years.
Page 82 of 84
Section 83
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
The report also outlines NBRF’s progress against the key performance indicators outlined in the
current funding deed. These indicators are tracking well, with further work required only on better
quantification of outcomes.
The notes to the financial statements for 2017/18 indicated that changes to the Australian
Accounting Standards will result in changed requirements in relation to accounting for fair value
of the right to use the premises provided by Council at Doonella House. These changes were
due to come into effect from 30 June 2020. The Australian Accounting Standards Board,
recognising the difficulty of not-for profits implementing this Standard, have now removed the
requirement to adjust for peppercorn leases from the Standard. As such, this is not a current
concern for NBRF.
Previous Council Consideration
Ordinary Meeting Minutes, 21 March 2019, Item 5, Page 19
That Council note the report by the Director Environment and Sustainable Development to the
Planning & Environment Committee Meeting dated 12 March 2019 and note the report received
from the Noosa Biosphere Reserve Foundation including the 2017/2018 Annual Report and
Audited Financial Statement as provided at Attachment 1 and thank the volunteer Board
Members of NBRF for their efforts.
Ordinary Meeting Minutes, 21 June 2018, Item 1, Page 15
That Council note the report by the Chief Executive Officer to the Planning & Environment
Committee Meeting dated 12 June 2018 and:
A. Agree to enter into a 3-year Funding Deed with the Noosa Biosphere Reserve Foundation
(the Foundation) as set out in Attachment 1 to the report;
B. Authorise the Chief Executive Officer to make any minor alterations to the Funding Deed,
as may be necessary, and enter into the Funding Deed with the Foundation;
C. Offer the Foundation the remaining 3-year lease option to continue the use of the Council
premises at 52 Doonella Street, Tewantin subject to the existing lease conditions and
continuation of the informal arrangements for use of the premises by other community
groups.
D. Thank the NBRF members including current board members for their considerable
volunteer efforts over the past 3 years.
Ordinary Meeting Minutes, 15 February 2018, Item 1, Page 11
That Council note the report by the Chief Executive Officer to the Planning & Environment
Committee Meeting dated 6 February 2018 and note the reports received from the Noosa
Biosphere Reserve Foundation including the 2016/17 Annual Report, Audited Financial
Statement and the 2017/18 Six Monthly Progress Report.
Finance
The NBRF 2018/19 Audited Financial Statements are provided at Attachment 2.
The 2018/19 financial year is the first year of a new funding agreement. In accordance with the
funding deed, $125,000 was quarantined from the Environment Levy for contribution of the NBRF
projects that align with the principal purposes of the trust. NBRF did not seek that funding during
the 2018/19 financial year, so it was not provided.
Also in accordance with the new funding deed, for the remaining years of the deed (2019/20 and
2020/21) NBRF will need to lodge an application for project funding to be provided out of the
Environment Levy, and these applications will be assessed against others through the
Environment Grants process.
Page 83 of 84
Section 84
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 DECEMBER 2019
The accounting standards for not-for-profit organisations over $250k require that grant funding
received is only recognised as income when funds are expended on a project. Until then, Council
funds are recognised in the NBRF balance sheet as an asset (cash) and liability (unexpended
grant) respectively. As funds are expended, they are recognised in the Profit & Loss statement as
income with a matching expense with a corresponding reduction in the balance sheet. The
annual operating funding is not treated in this way as no third party is involved.
In 2018/19 NBRF drew down on the operational funding allocation of $140,000. This was funded
from two different sources with $70,000 from the Environment Levy and $70,000 from general
rates. Note that NBRF draws down operational funding on a quarterly basis.
Risks & Opportunities
Noosa Council adopted the Noosa Environment Strategy in June 2019 and it is important that
projects that may be funded by Council via the grants are aligned with these strategic
environmental goals and objectives, as well as the purposes of the Environment Levy. NBRF are
also now required to apply for grants alongside all other groups. NBRF has reviewed their
strategic plan and now have a focus on developing ‘big ideas’ themselves rather than running
grant rounds. Changes to the way projects are funded, by NBRF applying in a competitive
process, is intended to ensure close alignment with the Noosa Environment Strategy.
There is a financial risk if the NBRF does not deliver good outcomes in accordance with the
purpose of the funding. The Annual report and associated appendices provide details sufficient
to identify that the Foundation’s projects are progressing well towards intended outcomes.
The greatest benefit through the provision of Council funding is the ability of the Foundation to
multiply Council’s investment by attracting funding and in-kind contributions from other sources
due to its charitable fund status. Existing projects continue to attract funding at a ratio of
approximately 3:1.
Consultation
External Consultation - Community & Stakeholder
Liaison with Chairperson of the NBRF.
Internal Consultation
Councillors were provided with a Q1 progress presentation by the NBRF Chairperson on 2
November 2018, and half-year and Q3 presentation on 21 March 2019.
Departments/Sections Consulted:
X Chief Executive Officer Community Services x Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture X Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 84 of 84