Skip to the record
Beware of cheap imitations.

Original source · versioned page text

2019-12-10 Planning & Environment Committee Agenda

of 84

Page text shows just the words. Original shows the document exactly as it was published.

Page text read automatically using OCR, there may be inaccuracies

Text sections have not been matched to the original PDF pages. Use the original document to check page numbers.

                           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”
Log in to download the original file

2019-12-10 Planning & Environment Committee Agenda(PDF, 6MB).pdf · 6.2 MB (large file)

Large file: the download may take up to a minute.

Searchable page text hides email addresses. Original files are unchanged and may show email addresses.

Full text of the other 83 sections

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).




                                                                                     Page 28 of 84

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.




                                                                                   Page 29 of 84

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.

                                                                                  Page 30 of 84

Section 31

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                             10 DECEMBER 2019


          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


                                                                                    Page 31 of 84

Section 32

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                           10 DECEMBER 2019


          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.




                                                                                  Page 32 of 84

Section 33

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                            10 DECEMBER 2019


          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:


                                                                                   Page 33 of 84

Section 34

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                              10 DECEMBER 2019


          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

                                                                                    Page 34 of 84

Section 35

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                            10 DECEMBER 2019


    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.



                                                                                Page 35 of 84

Section 36

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               10 DECEMBER 2019


          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



                                                                                     Page 36 of 84

Section 37

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                              10 DECEMBER 2019


           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.

                                                                                     Page 37 of 84

Section 38

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                             10 DECEMBER 2019


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




                                                                                   Page 38 of 84

Section 39

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   10 DECEMBER 2019




                            Figure 2: Site Plan




                           Figure 3: Elevations


                                                       Page 39 of 84

Section 40

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                         10 DECEMBER 2019




                               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.




                                                                               Page 40 of 84

Section 41

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.

                                                                                    Page 41 of 84

Section 42

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    10 DECEMBER 2019


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)




                                                                                             Page 42 of 84

Section 43

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      10 DECEMBER 2019




      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.

                                                                                             Page 43 of 84

Section 44

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                              10 DECEMBER 2019


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.


                                                                                     Page 44 of 84

Section 45

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               10 DECEMBER 2019


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

ATTACHMENT 1




   Page 51 of 84

—                  @                           ATTACHMENT 1
  ceaam = TE FO | [ames —      © soso  womyunmcs [tenant stem | we
     a Ge
 [oo    ok Oa              ay        ine
, SS   Fm . top                     =    |        azn |
 s=(f Cl)         —       wee            ==
(Fee)             =    FeRCr=               | |
i_         : HL
5	1	1	1	8	4	1296	650	126	64	18	~—=
5	1	1	1	8	5	1457	618	72	142	0	_
5	1	1	1	8	6	1528	618	48	142	48	f
5	1	1	1	8	7	1668	597	117	181	26	Tt
5	1	1	1	8	8	2035	649	255	61	0	Dosa
5	1	1	1	8	9	2513	689	228	29	0	 =s\|
4	1	1	1	9	0	325	744	2640	155	-1	
5	1	1	1	9	1	325	797	8	42	9	:
5	1	1	1	9	2	748	783	188	97	42	Gs
5	1	1	1	9	3	1901	865	48	12	31	2
5	1	1	1	9	4	2355	744	610	155	41	ZZ
4	1	1	1	10	0	324	864	2646	123	-1	
5	1	1	1	10	1	324	899	14	59	78	i
5	1	1	1	10	2	813	880	30	58	20	=~
5	1	1	1	10	3	1106	892	3	62	53	|
5	1	1	1	10	4	1231	896	210	31	13	ae
5	1	1	1	10	5	1889	881	73	12	46	—
5	1	1	1	10	6	2401	877	114	64	6	B<c=
5	1	1	1	10	7	2543	864	34	82	56	Ll
5	1	1	1	10	8	2611	885	38	4	0	_
5	1	1	1	10	9	2746	898	4	81	87	|
5	1	1	1	10	10	2825	884	64	19	28	ba
5	1	1	1	10	11	2956	902	14	85	37	LE
4	1	1	1	11	0	324	939	2674	102	-1	
5	1	1	1	11	1	324	960	15	71	51	F
5	1	1	1	11	2	1000	940	84	87	32	FRE
5	1	1	1	11	3	1138	985	103	3	0	o-oo
5	1	1	1	11	4	1251	983	149	32	0	nena
5	1	1	1	11	5	1455	985	135	3	0	enn
5	1	1	1	11	6	1732	962	72	65	23	Ha
5	1	1	1	11	7	2424	950	183	91	24	=I)
5	1	1	1	11	8	2645	939	15	85	54	:
5	1	1	1	11	9	2827	961	171	67	0	—
4	1	1	1	12	0	325	1032	2261	100	-1	
5	1	1	1	12	1	325	1032	13	32	0	°
5	1	1	1	12	2	533	1037	459	67	43	fee
5	1	1	1	12	3	1737	1035	85	46	26	to
5	1	1	1	12	4	2386	1052	7	8	0	,
5	1	1	1	12	5	2553	1045	33	87	85	|
4	1	1	1	13	0	535	1085	1666	63	-1	
5	1	1	1	13	1	535	1089	4	17	69	|
5	1	1	1	13	2	592	1085	116	60	70	NA
5	1	1	1	13	3	1055	1097	51	47	24	a
5	1	1	1	13	4	1114	1085	174	63	10	—_
5	1	1	1	13	5	1427	1085	148	63	0	——__
5	1	1	1	13	6	2028	1085	121	60	48	NS
5	1	1	1	13	7	2197	1089	4	17	49	|
4	1	1	1	14	0	414	1093	2836	90	-1	
5	1	1	1	14	1	414	1118	33	34	0	Y
5	1	1	1	14	2	641	1144	15	20	14	A
5	1	1	1	14	3	702	1093	91	87	0	co!
5	1	1	1	14	4	912	1144	17	20	23	rt
5	1	1	1	14	5	1082	1110	66	70	70	la,
5	1	1	1	14	6	1266	1144	17	20	0	O
5	1	1	1	14	7	1410	1130	38	50	26	Ze
5	1	1	1	14	8	1566	1144	16	20	0	o
5	1	1	1	14	9	1702	1110	43	70	37	wal
5	1	1	1	14	10	1865	1129	17	50	0	Hi
5	1	1	1	14	11	2000	1153	44	19	53	=,
5	1	1	1	14	12	2089	1144	15	20	0	O
5	1	1	1	14	13	2197	1114	22	62	88	ig
5	1	1	1	14	14	2556	1111	110	68	41	INN
5	1	1	1	14	15	2774	1168	12	7	16	i
5	1	1	1	14	16	2954	1104	48	78	27	fae
5	1	1	1	14	17	3130	1105	68	78	23	oon:
5	1	1	1	14	18	3237	1109	13	58	79	:
4	1	1	1	15	0	368	1159	2830	94	-1	
5	1	1	1	15	1	368	1222	87	13	12	mm]
5	1	1	1	15	2	535	1184	4	40	30	i
5	1	1	1	15	3	554	1158	53	104	69	|
5	1	1	1	15	4	701	1175	26	33	68	/\8
5	1	1	1	15	5	1089	1182	20	35	13	if
5	1	1	1	15	6	1418	1181	21	20	23	4
5	1	1	1	15	7	1717	1181	22	20	5	j
5	1	1	1	15	8	2009	1166	56	49	0	w/\)
5	1	1	1	15	9	2197	1167	22	61	6	AA
5	1	1	1	15	10	2273	1155	36	104	0	g
5	1	1	1	15	11	2672	1159	9	94	42	|
5	1	1	1	15	12	2748	1161	39	78	16	JE
5	1	1	1	15	13	2802	1155	35	104	56	|
5	1	1	1	15	14	2944	1174	306	59	36	Se:
4	1	1	1	16	0	535	1182	2715	183	-1	
5	1	1	1	16	1	535	1232	4	62	0	:
5	1	1	1	16	2	755	1227	35	138	20	ri
5	1	1	1	16	3	1398	1202	44	115	0	p
5	1	1	1	16	4	1699	1202	42	117	0	q
5	1	1	1	16	5	1998	1211	39	111	31	u
5	1	1	1	16	6	2197	1182	112	121	41	Tt
5	1	1	1	16	7	2580	1210	102	96	35	Tk
5	1	1	1	16	8	2746	1236	41	129	70	||
5	1	1	1	16	9	2944	1242	104	43	55	=
4	1	1	1	17	0	693	1325	2529	41	-1	
5	1	1	1	17	1	693	1328	69	33	15	Ay
5	1	1	1	17	2	1118	1346	13	11	11	E
5	1	1	1	17	3	1419	1346	10	12	5	;
5	1	1	1	17	4	1718	1346	10	12	0	;
5	1	1	1	17	5	2016	1346	8	6	0	:
5	1	1	1	17	6	2941	1325	281	41	91	ALLEANZA
4	1	1	1	18	0	300	1350	2523	53	-1	
5	1	1	1	18	1	300	1374	10	18	11	F
5	1	1	1	18	2	548	1351	20	40	19	oe
5	1	1	1	18	3	635	1378	21	9	30	a
5	1	1	1	18	4	799	1371	26	6	32	STENT
5	1	1	1	18	5	842	1353	20	38	78	OF
5	1	1	1	18	6	864	1367	112	13	7	CATORUENT
5	1	1	1	18	7	950	1353	29	38	37	ER
5	1	1	1	18	8	1018	1370	3	2	37	>
5	1	1	1	18	9	1110	1364	7	3	1	F
5	1	1	1	18	10	1731	1364	6	3	0	:
5	1	1	1	18	11	2197	1374	4	15	46	I
5	1	1	1	18	12	2580	1350	10	51	48	|
5	1	1	1	18	13	2743	1369	6	23	49	[
5	1	1	1	18	14	2818	1375	5	28	57	|
4	1	1	1	19	0	554	1396	2264	31	-1	
5	1	1	1	19	1	554	1408	14	4	2	=
5	1	1	1	19	2	578	1408	63	4	0	3-5
5	1	1	1	19	3	649	1397	1552	28	0	-544---------------41--------------------gsanene------------------!
5	1	1	1	19	4	2607	1412	32	4	77	SS
5	1	1	1	19	5	2739	1396	79	31	11	|}
4	1	1	1	20	0	819	1421	2433	49	-1	
5	1	1	1	20	1	819	1438	15	12	0	eo
5	1	1	1	20	2	1018	1424	4	34	83	|
5	1	1	1	20	3	1063	1451	466	19	6	(—----------------,
5	1	1	1	20	4	2727	1421	12	44	0	/
5	1	1	1	20	5	2802	1428	11	46	78	|
5	1	1	1	20	6	3217	1430	35	8	76	=
4	1	1	1	21	0	1055	1399	2198	140	-1	
5	1	1	1	21	1	1055	1478	5	46	84	|
5	1	1	1	21	2	2645	1399	20	85	52	i
5	1	1	1	21	3	2705	1466	21	62	62	|
5	1	1	1	21	4	2782	1477	20	62	12	f
5	1	1	1	21	5	3222	1506	31	18	59	2
4	1	1	1	22	0	1018	1521	2234	84	-1	
5	1	1	1	22	1	1018	1521	7	84	91	|
5	1	1	1	22	2	1063	1533	466	55	7	(reece
5	1	1	1	22	3	2676	1531	192	63	23	[fry
5	1	1	1	22	4	2935	1533	234	17	0	“eonmusmoroso
5	1	1	1	22	5	3174	1517	79	83	31	aves
4	1	1	1	23	0	367	1594	2886	51	-1	
5	1	1	1	23	1	367	1598	90	47	40	Z|
5	1	1	1	23	2	1532	1597	163	48	35	——
5	1	1	1	23	3	2108	1602	472	24	0	—e
5	1	1	1	23	4	2660	1597	16	30	0	Sf
5	1	1	1	23	5	2989	1575	60	80	29	anv
5	1	1	1	23	6	3049	1575	81	80	37	sneer
5	1	1	1	23	7	3129	1575	34	80	52	an
5	1	1	1	23	8	3175	1575	68	80	0	weve
4	1	1	1	24	0	287	1621	2905	91	-1	
5	1	1	1	24	1	287	1669	59	39	35	la
5	1	1	1	24	2	1063	1645	465	42	13	\—----7@----------~-’
5	1	1	1	24	3	2356	1621	143	73	0	Qo
5	1	1	1	24	4	2612	1637	43	75	0	f
5	1	1	1	24	5	2701	1689	10	20	0	y
5	1	1	1	24	6	2963	1651	229	20	44	Sera
4	1	1	1	25	0	333	1701	2279	38	-1	
5	1	1	1	25	1	333	1710	13	17	87	3
5	1	1	1	25	2	1455	1701	90	36	0	canoeeaewes
5	1	1	1	25	3	1654	1721	24	16	0	S
5	1	1	1	25	4	2107	1701	81	36	0	unsocanne
5	1	1	1	25	5	2596	1714	16	25	64	ff
5	1	1	1	25	6	2684	1713	15	24	85	ff
4	1	1	1	26	0	286	1698	2398	141	-1	
5	1	1	1	26	1	286	1728	161	73	48	Piel
5	1	1	1	26	2	698	1735	67	104	21	of
5	1	1	1	26	3	907	1698	826	106	52	fe
5	1	1	1	26	4	1560	1694	188	149	14	ON
5	1	1	1	26	5	2475	1737	209	71	28	Of
4	1	1	1	27	0	286	1754	2967	158	-1	
5	1	1	1	27	1	286	1803	314	109	23	(a
5	1	1	1	27	2	615	1804	229	4	15	ae
5	1	1	1	27	3	1164	1790	158	126	18	oe
5	1	1	1	27	4	1969	1810	401	54	8	==
5	1	1	1	27	5	2150	1815	119	52	82	—
5	1	1	1	27	6	2512	1809	135	79	0	ee
5	1	1	1	27	7	2913	1816	340	57	3	——PREINARY
4	1	1	1	28	0	286	1967	2967	73	-1	
5	1	1	1	28	1	286	1991	9	49	53	i
5	1	1	1	28	2	377	1971	134	63	51	ae
5	1	1	1	28	3	886	1986	38	21	35	_
5	1	1	1	28	4	1027	2015	2	19	76	|
5	1	1	1	28	5	1341	1967	29	56	31	-_
5	1	1	1	28	6	1973	1967	29	56	45	-_
5	1	1	1	28	7	2913	1983	340	44	18	——————=-
4	1	1	1	29	0	1332	2024	1921	49	-1	
5	1	1	1	29	1	1332	2024	58	49	20	o
5	1	1	1	29	2	2941	1978	48	96	0	—_
4	1	1	1	30	0	3098	2143	152	51	-1	
5	1	1	1	30	1	3098	2147	62	25	96	SITE
5	1	1	1	30	2	3173	2143	77	51	96	PLAN
4	1	1	1	31	0	2981	2288	289	44	-1	
5	1	1	1	31	1	2981	2288	105	44	95	Page
5	1	1	1	31	2	3102	2289	42	34	95	51
5	1	1	1	31	3	3166	2288	42	35	95	of
5	1	1	1	31	4	3222	2289	48	34	96	84

Section 52

Page 52 of 84

9

         g                 nl           )           ps
                    i                         ee               |
                            i       :                oO         _I
   5        [                            i           a              °
     )                      !                   {||               sey
                                                    1, |           AWLEANZA
             :              :             :         —       |/ /  Sonos
|                                                   ~ JA /          are
                                                          7 f            ee
Lg oN                                                     f
[a7           Sy”                                                 a
!                         @                                       a
!                                                                     ROOF PLAN
7                                                                 28328 DEI600 4
                                                                    Page 52 of 84

Section 53

Page 53 of 84

78 J0 Eg ebeg
   Z o00z-va   gtest                                                                                                             meso ©      |
   SNOILLWA313 3LIS              =        aT       =                    =                                                          ——
                                 —         —        r                     r    -                                    ,        7      To |
                        “|               —=                                                                                  --¢ ---  |        i
   ==            =          tl,       er                                                                             | + |          a          \
         ee     ee mo     L    -  -  ws ee                                                                   ee     -    _                     :
  —_=                     —                  he          .                                            ——            | |
   oO                                —                   —                              ————————————                                           i
   XUVNIWITIud                                      |           |                       |
                                                    I                     |                             1                                      i
                        athe                        |                     |                         nites                        alee          t
                          aoe     =                         ee ae                      a            ="      an oS         a   ecm ene          i
   99S¥ G10 3TIIAVSOON ‘avo¥                                                                                                     rime faw\
   WaAIM ONY 1334LS ANY                                    te eS                   SSS                 aS ——eeee                               :
   aT,                                                                                                                                         i
   DuH3s G3S0d0¥d JTNAVSOON                   ™ 8                                a     ; :            { T      |  | ot i          ie       _—
  —                                                           .      a           i     ie                                   li
                                                                     ae,     =.                                                        a2
     VZNVATIV                                                    |                       4                                 ,
   .  SS     Semen                                                                   _                                           —
                                                                          aaa      ae                  en                          asva Cz
                                                as             MT               Ee                 caF    ™  i                           Boece
                                                    1       [i     ae                         |             = ones aat
                                                         it                        t          :         3
                                                          =|)        |i                                                   =
                                                    =                               att       i             —        ais
                                                          —              ==       :              ioe      Lod              |
                                                                                                                                 salen sacs aaa
                          a             —          =a   =               =—          a                             —       —       HINOS
                  —                      Tit |           iL          oT           rT            7        i          c=     ee            Fisher
                         —                                          fio)                         f=           et   |:
                        rH} i                                                          |             |     |  ae
                                   5                                                eee |             oo
                                = sot     =.         a,          |  ieee                         ee PS               . |           a
                                                           =                                       oes See LiaInaian
                                                                                                           |
                                                                                     |
 —————                     se       =         ee                                                  —    |                                     |
                                                      ©                             ©

Section 54

Page 54 of 84

rt
                                                                                                   foe)
  |                                               Ht    cE      BEUISED   co  PVE]          B47)
  |                                               ay S)         (EVE          ABB]          Zig) s
  i                                               23 93/s| Zz   3   Ba        5             a <j   ©
  ‘                                                i|| <        2 | 63        &] i) fils           ©
                                                  dp   4        2 | §2                            oO
  H                                               WS |          |g | faios            |        fe
  I                                               Hl] <         2                   il |       aI
                    t
                Ul                          —si,
                     a                             gt  [a] [aafale
                     |         t—— 0               BF het pp                             F
             a                                          cart                            i
   it ——""e.                                    ;          TT H|i                       4	1	1	1	16	0	1187	1040	303	29	-1	
5	1	1	1	16	1	1187	1054	8	15	14	1
5	1	1	1	16	2	1426	1040	13	26	25	e)
5	1	1	1	16	3	1478	1040	12	26	47	|e
4	1	1	1	17	0	1175	1058	421	55	-1	
5	1	1	1	17	1	1175	1064	20	38	43	i
5	1	1	1	17	2	1426	1068	12	45	64	al
5	1	1	1	17	3	1478	1058	42	55	48	late)
5	1	1	1	17	4	1537	1054	22	63	72	|
5	1	1	1	17	5	1558	1054	32	63	33	|i
4	1	1	1	18	0	486	1085	1615	135	-1	
5	1	1	1	18	1	486	1157	93	63	26	Mi
5	1	1	1	18	2	1426	1104	94	64	28	ved
5	1	1	1	18	3	2028	1085	73	83	63	=
4	1	1	1	19	0	571	1176	1530	26	-1	
5	1	1	1	19	1	571	1179	15	23	63	ll
5	1	1	1	19	2	2028	1176	73	14	32	oc
4	1	1	1	20	0	547	1194	1554	43	-1	
5	1	1	1	20	1	547	1213	20	7	25	-
5	1	1	1	20	2	1082	1203	21	9	90	=
5	1	1	1	20	3	2048	1194	53	43	64	5
4	1	1	1	21	0	802	1224	1350	106	-1	
5	1	1	1	21	1	802	1224	164	106	0	(——
5	1	1	1	21	2	983	1224	72	106	0	If
5	1	1	1	21	3	1525	1278	13	34	0	’
5	1	1	1	21	4	1735	1255	30	62	30	i
5	1	1	1	21	5	1982	1286	8	24	33	,
5	1	1	1	21	6	2046	1236	106	85	49	Si
4	1	1	1	22	0	561	1311	1591	56	-1	
5	1	1	1	22	1	561	1317	25	37	30	4
5	1	1	1	22	2	1442	1347	12	8	14	.
5	1	1	1	22	3	1525	1315	12	30	0	&
5	1	1	1	22	4	1966	1313	24	38	1	f
5	1	1	1	22	5	2046	1322	55	45	92	©
5	1	1	1	22	6	2140	1311	12	27	66	}
4	1	1	1	23	0	379	1341	1839	40	-1	
5	1	1	1	23	1	379	1376	29	3	0	El
5	1	1	1	23	2	1888	1342	12	39	72	i
5	1	1	1	23	3	2140	1341	78	31	57	By
4	1	1	1	24	0	121	1337	2031	131	-1	
5	1	1	1	24	1	121	1371	120	58	51	o-—
5	1	1	1	24	2	277	1410	19	50	18	tr
5	1	1	1	24	3	366	1381	28	87	0	é
5	1	1	1	24	4	560	1337	101	101	18	#
5	1	1	1	24	5	1424	1339	30	62	50	i
5	1	1	1	24	6	2028	1369	73	98	17	S
5	1	1	1	24	7	2140	1376	12	53	92	i
4	1	1	1	25	0	192	1433	2048	141	-1	
5	1	1	1	25	1	192	1442	204	132	56	“Th
5	1	1	1	25	2	563	1455	267	59	7	4;

                                                                                Il     aed
    t                              {           =                :               i    (fa)      Bi
   i       |                   f           a                    :               §      (GO) : fi
                St                                      fem          faye             sees
                7                              “a3
                Ei                             |
                  —                                qs    [ih |     olay
               =                                          mig
                -                                  Bi      be lee | ||é
o--           a                                 i
   li         =                                 :
               =                                (            fog          ff
           Wet                                               Lb
                    |                                        g
   5	1	1	1	39	2	355	2357	26	86	91	|
5	1	1	1	39	3	582	2354	4	37	50	|
5	1	1	1	39	4	1331	2376	8	19	1	'
5	1	1	1	39	5	1497	2365	143	42	50	=,
5	1	1	1	39	6	2165	2387	12	33	28	4
4	1	1	1	40	0	192	2400	1985	134	-1	
5	1	1	1	40	1	192	2417	30	56	49	in
5	1	1	1	40	2	441	2447	57	37	35	_
5	1	1	1	40	3	582	2400	4	75	37	|
5	1	1	1	40	4	1148	2440	23	37	9	i
5	1	1	1	40	5	1497	2415	123	119	34	ae
5	1	1	1	40	6	1756	2442	242	24	10	Pn
5	1	1	1	40	7	2165	2423	12	33	89	i
4	1	1	1	41	0	128	2443	2049	89	-1	
5	1	1	1	41	1	128	2443	200	71	17	@O-—-
5	1	1	1	41	2	582	2475	61	37	47	1
5	1	1	1	41	3	1756	2472	364	35	23	a:
5	1	1	1	41	4	2165	2459	12	73	68	|
4	1	1	1	42	0	203	2447	1177	143	-1	
5	1	1	1	42	1	203	2564	8	22	0	,
5	1	1	1	42	2	274	2520	34	69	0	T
5	1	1	1	42	3	355	2447	22	143	53	|
5	1	1	1	42	4	479	2529	26	46	0	eB
5	1	1	1	42	5	630	2543	26	41	40	fi
4	1	1	1	43	0	188	2593	1585	134	-1	
5	1	1	1	43	1	188	2638	32	64	55	lit
5	1	1	1	43	2	275	2606	33	50	27	t
5	1	1	1	43	3	355	2593	34	92	55	E
5	1	1	1	43	4	560	2638	88	89	35	At
5	1	1	1	43	5	802	2620	17	39	0	’
5	1	1	1	43	6	885	2651	31	53	21	t
5	1	1	1	43	7	1159	2677	13	6	28	:
5	1	1	1	43	8	1456	2687	12	32	69	y
5	1	1	1	43	9	1740	2633	33	73	38	il
4	1	1	1	44	0	584	2697	1195	71	-1	
5	1	1	1	44	1	584	2731	2	12	87	|
5	1	1	1	44	2	802	2712	16	56	65	hi
5	1	1	1	44	3	1600	2697	179	62	29	ef
4	1	1	1	45	0	584	2783	1634	67	-1	
5	1	1	1	45	1	584	2783	68	65	19	a:
5	1	1	1	45	2	1456	2811	12	33	63	2
5	1	1	1	45	3	2112	2809	106	41	62	bg
4	1	1	1	46	0	582	2787	1022	140	-1	
5	1	1	1	46	1	582	2849	70	78	41	|
5	1	1	1	46	2	1402	2783	145	173	32	Pla
5	1	1	1	46	3	2203	2822	15	94	67	|
4	1	1	1	47	0	638	2905	1602	74	-1	
5	1	1	1	47	1	638	2905	37	73	27	pg
5	1	1	1	47	2	1248	2920	91	58	16	on
5	1	1	1	47	3	1497	2913	143	42	36	RAS
5	1	1	1	47	4	2165	2921	75	58	22	bay
4	1	1	1	48	0	638	2937	1600	144	-1	
5	1	1	1	48	1	802	2945	17	47	33	|
5	1	1	1	48	2	1025	2937	40	61	0	°
5	1	1	1	48	3	1497	2963	122	118	46	ae
5	1	1	1	48	4	1758	2983	362	57	28	cc,
4	1	1	1	49	0	580	3034	1674	70	-1	
5	1	1	1	49	1	580	3101	2	3	83	|
5	1	1	1	49	2	1377	3081	3	3	32	|
5	1	1	1	49	3	2165	3034	89	64	0	(D
4	1	1	1	50	0	584	3115	1345	41	-1	
5	1	1	1	50	1	584	3115	7	41	6	'
5	1	1	1	50	2	1187	3120	8	29	23	f
5	1	1	1	50	3	1523	3131	95	10	69	—
5	1	1	1	50	4	1805	3131	124	10	0	sasmasioensm
4	1	1	1	51	0	572	3116	1558	75	-1	
5	1	1	1	51	1	572	3116	19	69	0	;
5	1	1	1	51	2	1175	3122	20	69	57	fF
5	1	1	1	51	3	1370	3124	760	65	9	=e
4	1	1	1	52	0	156	3194	2100	49	-1	
5	1	1	1	52	1	156	3194	41	39	69	L
5	1	1	1	52	2	1577	3232	520	11	0	sonseeeneivummereineenaminewminucnante
5	1	1	1	52	3	2120	3194	136	49	0	enmemesce

Section 55

Page 55 of 84

L                                                      Cl                                      '

>    .                                              _—
 a   ry                ©               =       :        —         ‘      e   3   —      -
  ’    a  =       Fath                                Eee    a            .
        eet              Pe Oe                                              ke
      Q           RAS                     EE |           ts         p       —e
                           _            A                Wee   ad      Be    be        am
                    a                   oe i              1            bn
                    = f

                                              ]                   ey
                                             Ft     SO
                                                           ma         =

                         -       r                 - oe
                         :       r   4               . a                                                               Oe
r                              a &                     at
=               :                                                              = a                                       NOOSAVILLE PROPOSED SERVICE
        aon   ?   —                                                    _———S 7                                                        CENTRE
                                            wT  ¢           s                                                               MARY STREET AND WE YBA
     cm                                              -_—              ,      ;                                            ROAD, NOOSAVILLE QLD ae
         : a                           -_—        -                     -*
                                   ~       il    f      =               oy              Ee
 —            =   |.                        pa       ad et           a             =      =                                    ==
     fa  eee | CE                                        ie       om                <        =                                 =e
                                         J                                   &                                         ————
                                        ——        ee Le                                                                            eee
                                            i    .     c      ad                                                       PERSPECTIVE VIEWS 1
             :     FF                          ——!         ee gt   e
                               ~                       =.                                                                                oo
                                                                                                                        18316    DA-9000 2
                                                                                                                                          Page 55 of 84

Section 56

Page 56 of 84

78 JO 9g abeq
                  Z t006-va       OTEst
                  Z SM3IA 3ALLDIdSUId

                  —                  =                                =                                                                                       —
                  5         =                                        =     —_—         = = PS                )   cae                                      pt .
                  AMWNIIAIT3Yd                                      -_        a _       i    lle |) YN | Rae    Baer    ————                                   —
                                                                    =        ———        yf         eg          -            a                                     oe
                                                                             ==         :      =     ae                  =e                        a      '      =
                  99Sb G10 3THAVSOON ‘avou                         to                       ee            5                                 .                  L |       .
                  WAM ONV 1334S AUN                                                      “        ao         Se                                              Sie
                  3WN39                                             :                   “a                                                                         =
                  FOWAYIS GISOdOWd ITIAVSOON                                    -           S             :                                                   wy,
                  —                                                                                                                                         L

                     Vv   Y Vv }  iV

                                                                                                                                                     _          \
                                                                                                                                                    aM            _
                                                                       ———                         ;                                       ,                -             }
                                                                         9 e     . 2     >  i we           i          C              ll      P|   Pour
                                                                   ey Ra    ete eee etre te       ce               4     > 5 | ‘    ‘    -—_                              :
                                                                    C _.     =e) Ker h                2         ;            —s      =           —           ———
                                                                           eer     |                                  Ex               to    | |       S
                                                                         en          be      a                        \          | Ss                 “                ee
                                                                            -       =           oe        x         ao     :           '     _ ———        —        =      >
                                                                                                   rs    g3

                                                                                                                                   cx
                                                                                                                                  a                                    a 4

Section 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
5	1	1	1	12	4	1717	529	27	9	29	—_
5	1	1	1	12	5	1864	476	25	74	12	Ss
5	1	1	1	12	6	2030	514	27	9	2	sy
5	1	1	1	12	7	2081	490	82	61	0	ggTnG
5	1	1	1	12	8	2167	490	112	61	44	EASEMENT
5	1	1	1	12	9	2576	512	156	22	95	(Right
5	1	1	1	12	10	2632	508	31	40	96	to
5	1	1	1	12	11	2665	512	67	22	90	Access
5	1	1	1	12	12	2738	512	14	18	92	&
5	1	1	1	12	13	2758	512	104	22	92	Carparking
5	1	1	1	12	14	2869	512	16	18	96	in
5	1	1	1	12	15	2920	489	48	68	57	fre
5	1	1	1	12	16	2962	507	93	40	96	ACCESS
5	1	1	1	12	17	3099	490	126	59	71	EASEMENT
5	1	1	1	12	18	3232	494	45	17	19	me
4	1	1	1	13	0	1501	507	1770	76	-1	
5	1	1	1	13	1	1501	540	4	2	26	|
5	1	1	1	13	2	1613	507	121	76	47	Sex
5	1	1	1	13	3	1992	535	41	24	68	UNE
5	1	1	1	13	4	2036	525	28	53	85	OF
5	1	1	1	13	5	2594	542	61	17	96	favour
5	1	1	1	13	6	2660	542	20	17	96	of
5	1	1	1	13	7	2685	541	31	18	96	Lot
5	1	1	1	13	8	2722	541	10	18	96	5
5	1	1	1	13	9	2738	546	24	13	93	on
5	1	1	1	13	10	2768	541	99	22	90	SP264847)
5	1	1	1	13	11	3113	550	82	21	23	fatto
5	1	1	1	13	12	3201	550	49	21	35	colt
5	1	1	1	13	13	3255	550	16	17	35	in
4	1	1	1	14	0	1242	562	2092	80	-1	
5	1	1	1	14	1	1242	564	83	36	67	FOOTPATH
5	1	1	1	14	2	1668	565	26	42	41	Vv
5	1	1	1	14	3	1720	609	2	2	4	G
5	1	1	1	14	4	1739	575	40	44	34	ry
5	1	1	1	14	5	2113	567	47	50	54	LINE
5	1	1	1	14	6	2168	567	25	50	93	OF
5	1	1	1	14	7	2197	567	99	50	93	EXISTING
5	1	1	1	14	8	2297	567	113	50	95	EASEMENT
5	1	1	1	14	9	2456	589	190	11	54	—
5	1	1	1	14	10	2654	562	297	80	13	ol
5	1	1	1	14	11	2961	598	34	9	13	-
5	1	1	1	14	12	3104	570	65	60	69	favour
5	1	1	1	14	13	3179	570	45	60	72	ofthe
5	1	1	1	14	14	3239	570	95	60	10	proposed
4	1	1	1	15	0	1258	602	1988	30	-1	
5	1	1	1	15	1	1258	615	30	12	56	+
5	1	1	1	15	2	1314	614	33	13	30	ot
5	1	1	1	15	3	1720	613	40	18	36	Vikas
5	1	1	1	15	4	2212	617	47	14	28	—_-
5	1	1	1	15	5	2556	602	85	30	81	FOOTPATH
5	1	1	1	15	6	3113	608	133	22	87	amalgamation
4	1	1	1	16	0	339	608	2839	80	-1	
5	1	1	1	16	1	339	642	181	23	96	APPROVED
5	1	1	1	16	2	532	642	82	23	96	PLAN
5	1	1	1	16	3	1123	623	112	35	12	cs
5	1	1	1	16	4	1717	608	116	67	21	SE
5	1	1	1	16	5	1958	645	62	16	57	SI
5	1	1	1	16	6	2093	631	141	51	53	Lue
5	1	1	1	16	7	2343	617	59	66	5	ce
5	1	1	1	16	8	2821	665	62	8	50	|
5	1	1	1	16	9	2911	619	267	69	48	Vr
4	1	1	1	17	0	271	659	2995	57	-1	
5	1	1	1	17	1	271	679	192	24	91	MCU19/0017
5	1	1	1	17	2	473	679	20	24	91	&
5	1	1	1	17	3	505	679	180	24	91	RAL19/0004
5	1	1	1	17	4	1112	657	122	54	4	mocrmen
5	1	1	1	17	5	1234	657	95	54	4	|_|
5	1	1	1	17	6	1617	659	213	53	44	gC
5	1	1	1	17	7	1993	665	211	33	5	aso
5	1	1	1	17	8	2308	662	53	54	27	fe
5	1	1	1	17	9	2574	682	92	20	45	—
5	1	1	1	17	10	2766	667	246	42	16	=
5	1	1	1	17	11	3019	665	247	47	57	Ion
4	1	1	1	18	0	342	682	2562	94	-1	
5	1	1	1	18	1	342	719	116	23	96	NOOSA
5	1	1	1	18	2	469	719	146	23	95	COUNCIL
5	1	1	1	18	3	1250	717	6	35	38	|
5	1	1	1	18	4	1467	722	9	7	39	Me
5	1	1	1	18	5	1478	707	18	36	78	OF
5	1	1	1	18	6	1513	726	12	5	55	Roe
5	1	1	1	18	7	1541	726	16	7	44	oven
5	1	1	1	18	8	1624	682	95	94	92	=
5	1	1	1	18	9	1735	710	58	48	30	Pg
5	1	1	1	18	10	2729	731	2	3	66	}
5	1	1	1	18	11	2766	709	1	49	60	|
5	1	1	1	18	12	2893	719	11	36	63	5
4	1	1	1	19	0	336	740	2568	58	-1	
5	1	1	1	19	1	336	756	33	24	96	17
5	1	1	1	19	2	379	756	161	24	95	OCTOBER
5	1	1	1	19	3	550	756	72	24	95	2019
5	1	1	1	19	4	1965	740	58	53	0	MEA
5	1	1	1	19	5	2022	740	76	53	0	INCEDAC
5	1	1	1	19	6	2106	740	36	53	67	OF
5	1	1	1	19	7	2585	782	31	10	72	=
5	1	1	1	19	8	2637	743	21	53	41	I
4	1	1	1	20	0	1250	837	1654	26	-1	
5	1	1	1	20	1	1250	839	3	14	24	I
5	1	1	1	20	2	1656	837	69	19	50	=
5	1	1	1	20	3	2448	849	1	3	71	2
5	1	1	1	20	4	2467	847	6	7	13	ue
5	1	1	1	20	5	2537	840	3	23	24	.
5	1	1	1	20	6	2602	855	71	1	0	—
5	1	1	1	20	7	2893	838	11	18	0	&
4	1	1	1	21	0	1250	861	1654	13	-1	
5	1	1	1	21	1	1250	861	2	13	70	|
5	1	1	1	21	2	2570	872	3	1	33	A
5	1	1	1	21	3	2893	861	11	13	21	&
4	1	1	1	22	0	1630	851	1290	68	-1	
5	1	1	1	22	1	1630	891	2	23	93	|
5	1	1	1	22	2	1784	895	1	24	88	|
5	1	1	1	22	3	2444	885	3	2	59	:
5	1	1	1	22	4	2534	851	45	60	75	[e
5	1	1	1	22	5	2602	897	29	16	46	—
5	1	1	1	22	6	2634	897	30	14	46	—
5	1	1	1	22	7	2701	855	26	43	50	|
5	1	1	1	22	8	2768	891	8	11	36	5
5	1	1	1	22	9	2893	875	11	5	33	a
5	1	1	1	22	10	2918	896	2	19	86	|
4	1	1	1	23	0	1186	917	1734	75	-1	
5	1	1	1	23	1	1209	953	6	7	35	on
5	1	1	1	23	2	1376	938	6	14	51	|
5	1	1	1	23	3	1630	926	2	24	53	|
5	1	1	1	23	4	1680	936	46	26	19	rowers
5	1	1	1	23	5	1784	928	1	24	37	|
5	1	1	1	23	6	1835	922	66	28	0	stare

                                                                                      was                                                                                |                        ane fy [2 ae |
                                                                                      mae                                  |            |                                                                      a
                                                                                                            meusuranon     |            |                                 p                   =
                                                                                                             ao            po                                               =   my            ers                a
                                                                          al a          d                                 [t--- ----4                        rd          —      TL
                                                                                   ees                                    |         = -     |                                  ou                                                    i              EXISTING
                                                                                                                                                                                                                                     es             BUILDING
                                                                               ae                                         |         cma                                                                                              =              MCU 160140.02
                                                                                          }                               I To,         emer |e       tl                  a                                                                |
                                                                                    oes ”                       a                                       \                 yer] Lese                                        -               i formn
                                                                                5;            Fat        —————————                                                                      ee                                                                 .
                                                                                          i    2     oo                                   #   =)  -)  4 4         5   -1-1-|      SI}     —}  -I]--]-I--J--|- Lu               —   j—}j—
                                                                                          t                                               Z|                                                           z
                                                                                                =                                         3                                    |                                       3
                                                                                          ]  ~                                                                                                   u
                                                                                          }
                                                                                                on                                        i           f=]                       Sl   eaepeuamieans           oo
                                       Scale 1:400 - Metres.                                   fete   t=  =   [=  [eT     [Ts [=  [==     [a  [=  [=   lene
                a a
20                             oO                           20                             40
                                                                                                                               INDUSTRIAL ZONE
             !                                                                                                                                               .                                    .         PROJECT ——"s
         a                                   Sunshine Coast:                                  Gympie:                                R.P.D ———f:                        DEVELOPMENT            a
   — es!                                                                                                                                                                                                    Change to Development Approval -
           ee                                13/6-12 Bottlebrush Ave                          38 Nash Street                                                           SUMMARY                       |      sicu 1600140 02 for an induct
   ~F -F,                                    NOOSA HEADS                                      GYMPIE                                   Lots §.6,and 7 on SP264087                                          Business                              Sous)        avazoe
      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
     town planners + urban                   Fax: 07 5455 3322                                Fax: 07 5482 4952                        NOOSA COUNCIL                                                       Change to Carparking & Proposed       Reference No:
     designers + surveyors                                                                                                                                                                                 Easements                             D-02391-01-C
                                                                                                                                                                                                                                                Page 61 of 84

Section 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 84

Section 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 84

Section 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 84

Section 81

ATTACHMENT 2




  Page 81 of 84

LLL.   Sag ke    ~ 8                                     >                    <      ° s§
  bees      32838     T   3                                   a                     o     2   ™
            i    fltil                      :                                             ig
                    vs                      5                 4                               s
                         i                  4                 a                     ?     3   8
                                                                                   F   PFs    §
                                            m                 3                    e gs       2
                                                                                          >   4
a    es   | Sag     eaead                   a                 a            ;        2     e   ¢
   35 §     283   sa58    2                                   7                     >     a   6
                                            g                 3                     g  8  sf
                                                              R                     2. sea    *
                                                                                    z  228    3
                                            3                 2                    a a    %   Q
38   eS     peraqidel                       5                 <         354         o     g   3
                                                                                          2   3
4  aay   S$ ¢385      8 3                   a                 A        eer                .
s 2  2  «     PEGS R ES                     o                 ”        ria     Fy          Ss %
Pe          ad                              ;                       i TERED         5     Og  =
Hit               an                        ;                 ay                    Pig
gages       saegat     3                    5                           eg         3      s   3
   2        83      uw                      3                 =       ~eoq      HY  o     >   3
a 3  mt     On         28                   2                 :          ane        |     3   3
rigs     3  5 cea8    #33                   2                          is   if      a     $8
“att        CHEE                            q                 z         TL      -         &   §
  as    4   gag       oe >                  5                 2.      giaise 3            rs
   gees     #83   Regs?                     =                 5       ere                 8
  x  ae     ga88    2353                    5                 >     Pete        m   :     ze  4
  Bai    i  38)   pads                      =                 :     Batt            a     8   3
  rind      Hate                            :                       SAUL           tog
  Hit       Tate                                              is                    P38
     peae   pak     gee)                                      8        ani                &   =
  celal     aiag    go 8                    o                 3          a3         0     8   %
  Rakes     Prhel                           8                 3        Pe ea        2     4   #3
  salad     TEE                             Z                          chk          2     862 8
   peed     nn                              e                       au          mio           3
  Tut       ce                             a.                      EH   tr      ‘m3       =   5
  38    gf  E28     gees                    5                            ee     :         z   8
  goa         eR    Rae 58                                                                = 35
  eS 5  g   zieiet     a                    z                             A     5         >   >
   gigs     Pesae      2                    3                            of     A         =   §
  vie       +    ue                                                      Hai              >   3
                  2                         2                             |     8         z
  coe       aa   pirtel                                                bite               2   8
     5%     pariel      j                                              te       :         8   §
  ph598       Be  Ba     a88                                           sta      :         2   5
  rth       o34      na                                                  oa               °   3
  beiad     a8 8  $353                                                   a     fs         =
   ide      thet      mi                                                 off              2   8
  TH        ass   Re    €                                                Be 6 OS          5   5
  gaa       ess     Baas                                                . 23              5   8
  ggzie     “23     gece                                                g5e               2   &
  eggs        S$    28                                              Ps  Ha                ¢   &
  zi eee            a   R                                           8   Boe               2   g
     aod            i                                                    tT                   38
    33              38  a                                                  4              ro) w
     es %      3      a                                                                   ss
  ggs3        ae    2   8                                                                     Q
  radi:       as    egg                                                                       5
  gina        a3    38  3                                                                     s
  fFeey       ge      2  3                                                                    >
  gr aks      ok        8                                                                     %
  3  8  z     83     Ag                                                                       >
  3  3  2     28                                                                              z
  ibd               oT                                                                        3
  fad         oad                                                                             3
  gS 3  ;     Bg    a 4 8                                                                    is}
  >  §        28    ge  3                                                                     &
        g     we    2
5	1	1	1	70	4	760	2088	17	14	76	>
5	1	1	1	70	5	2319	2452	22	37	86	a
4	1	1	1	71	0	243	1939	2098	579	-1	
5	1	1	1	71	1	243	1939	22	108	8	:
5	1	1	1	71	2	521	2062	15	22	3	8
5	1	1	1	71	3	692	2090	12	46	36	3
5	1	1	1	71	4	755	2102	17	26	62	3
5	1	1	1	71	5	2319	2499	22	19	26	o
4	1	1	1	72	0	383	2044	1968	495	-1	
5	1	1	1	72	1	383	2044	17	38	59	3
5	1	1	1	72	2	509	2086	29	43	47	ii
5	1	1	1	72	3	692	2137	16	14	90	a
5	1	1	1	72	4	759	2128	17	49	62	5
5	1	1	1	72	5	2319	2516	32	23	96	>
4	1	1	1	73	0	248	2047	2093	516	-1	
5	1	1	1	73	1	248	2047	13	21	59	5
5	1	1	1	73	2	316	2072	3	5	0	*
5	1	1	1	73	3	379	2082	17	23	77	&
5	1	1	1	73	4	517	2113	54	41	62	38
5	1	1	1	73	5	692	2156	12	13	71	g
5	1	1	1	73	6	759	2176	13	27	60	8
5	1	1	1	73	7	2319	2540	22	23	27	Q
4	1	1	1	74	0	248	2075	2093	526	-1	
5	1	1	1	74	1	248	2075	15	21	66	3
5	1	1	1	74	2	383	2104	13	18	16	®
5	1	1	1	74	3	521	2145	13	30	14	=
5	1	1	1	74	4	542	2153	29	41	30	3
5	1	1	1	74	5	687	2168	22	66	0	g
5	1	1	1	74	6	755	2202	24	14	73	=
5	1	1	1	74	7	2312	2562	29	39	44	a
4	1	1	1	75	0	248	2102	2093	539	-1	
5	1	1	1	75	1	248	2102	17	27	32	7
5	1	1	1	75	2	547	2176	16	46	25	es
5	1	1	1	75	3	692	2233	17	51	0	:
5	1	1	1	75	4	2319	2602	22	39	24	a
4	1	1	1	76	0	243	2135	2098	552	-1	
5	1	1	1	76	1	243	2135	22	68	69	i
5	1	1	1	76	2	521	2222	50	40	33	ee
5	1	1	1	76	3	2319	2650	22	37	55	3
4	1	1	1	77	0	248	2203	2100	520	-1	
5	1	1	1	77	1	248	2203	17	27	82	a
5	1	1	1	77	2	521	2251	13	50	10	g
5	1	1	1	77	3	554	2268	9	24	36	8
5	1	1	1	77	4	2312	2687	36	36	0	@
4	1	1	1	78	0	248	2235	2098	520	-1	
5	1	1	1	78	1	248	2235	12	13	0	€
5	1	1	1	78	2	521	2308	13	24	50	a
5	1	1	1	78	3	554	2293	11	55	0	&
5	1	1	1	78	4	2319	2720	27	35	59	a
4	1	1	1	79	0	248	2249	2103	555	-1	
5	1	1	1	79	1	248	2249	16	68	41	:
5	1	1	1	79	2	517	2338	48	61	51	a;
5	1	1	1	79	3	2313	2753	38	51	57	g
4	1	1	1	80	0	0	0	2481	3508	-1	
5	1	1	1	80	1	521	2394	50	43	0	r
4	1	1	1	81	0	248	2375	318	101	-1	
5	1	1	1	81	1	248	2375	17	22	36	8
5	1	1	1	81	2	521	2424	45	52	21	m8
4	1	1	1	82	0	243	2382	2100	543	-1	
5	1	1	1	82	1	243	2382	22	71	0	Q
5	1	1	1	82	2	517	2448	41	90	5	ei
5	1	1	1	82	3	2309	2894	34	31	87	>
4	1	1	1	83	0	244	2513	2099	534	-1	
5	1	1	1	83	1	244	2513	17	26	68	3
5	1	1	1	83	2	527	2564	41	50	0	8
5	1	1	1	83	3	2308	2983	35	64	26	7
4	1	1	1	84	0	248	2539	2095	539	-1	
5	1	1	1	84	1	248	2539	15	57	9	:
5	1	1	1	84	2	521	2609	16	52	0	e
5	1	1	1	84	3	2309	3051	34	27	71	x
4	1	1	1	85	0	244	2602	2099	515	-1	
5	1	1	1	85	1	244	2602	23	32	26	=
5	1	1	1	85	2	516	2668	22	24	48	g
5	1	1	1	85	3	2309	3084	34	33	96	=
4	1	1	1	86	0	248	2634	2095	547	-1	
5	1	1	1	86	1	248	2634	17	48	34	3
5	1	1	1	86	2	521	2696	17	33	31	z
5	1	1	1	86	3	2309	3123	34	58	0	p
4	1	1	1	87	0	517	2736	17	13	-1	
5	1	1	1	87	1	517	2736	17	13	59	a
4	1	1	1	88	0	521	2750	1822	462	-1	
5	1	1	1	88	1	521	2750	14	57	59	§
5	1	1	1	88	2	2309	3184	34	28	66	4
4	1	1	1	89	0	521	2807	1815	453	-1	
5	1	1	1	89	1	521	2807	13	13	79	a
5	1	1	1	89	2	2309	3208	27	52	49	ND
4	1	1	1	90	0	521	2828	17	26	-1	
5	1	1	1	90	1	521	2828	17	26	8	z
4	1	1	1	91	0	521	2861	17	33	-1	
5	1	1	1	91	1	521	2861	17	33	22	z
4	1	1	1	92	0	517	2901	21	98	-1	
5	1	1	1	92	1	517	2901	21	98	17	:
4	1	1	1	93	0	517	3005	17	48	-1	
5	1	1	1	93	1	517	3005	17	48	0	:
4	1	1	1	94	0	521	3054	15	27	-1	
5	1	1	1	94	1	521	3054	15	27	48	a
4	1	1	1	95	0	158	2981	376	141	-1	
5	1	1	1	95	1	158	2981	35	52	17	2
5	1	1	1	95	2	521	3087	13	35	41	3
4	1	1	1	96	0	149	3036	389	143	-1	
5	1	1	1	96	1	149	3036	35	50	51	3
4	1	1	1	97	0	158	3102	380	131	-1	
5	1	1	1	97	1	158	3102	34	42	41	@
5	1	1	1	97	2	517	3192	21	41	0	&
4	1	1	1	98	0	158	3166	35	42	-1	
5	1	1	1	98	1	158	3166	35	42	17	2g
4	1	1	1	99	0	158	3222	34	48	-1	
5	1	1	1	99	1	158	3222	34	48	21	R
              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

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.