Information Request MCU19 0117 · MCU19/0117

Officer: 	Tara Norley
Direct Telephone: 	07 53296486
Our Reference:	MCU19/0117
Your Reference:	N/A.
22 October 2019
Teatree Property Pty Ltd
C/- Pivotal Perspective Pty Ltd
4/59 Mary St
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir/Madam
Information Request
Planning Act 2016
I refer to your application and advise that Council requires further information to satisfactorily assess the proposal.
application details
Application No.	MCU19/0117
Street Address:	Beach Road Holiday 500/90 Beach Road, Noosa North Shore Qld 4565
Real Property Description:	Lot 500 on SP215779
Planning Scheme:	The Noosa Plan (8 June 2018)
INFORMATION REQUIRED
The information requested is set out below:
Issue
‘Visitor accommodation’ under The Noosa Plan is defined as:
Visitor accommodation means accommodation that is designed and used for visitors to the Shire and where social, recreational and dining services may be provided for visitors by owners or staff. Resident guests stay for a temporary period of time (typically not exceeding 3 consecutive months).
The application material (Questions and Comments from BRHH Owners) includes the following statements in relation to the proposed use of the site:
‘Mark wants to build a house and lagoon for himself and family for short stay accommodation. Mark does not intend to let the house out into the letting pool.’
‘The house will be for Mark and his family to use as a holiday house, with their main residence in Sunshine Beach. The lagoon would be used for private use only.’
‘The lagoon is for private use only. The application does not propose to use it as a commercial wave lagoon – only for the holiday homeowner – similar to the private golf course at 368 Dath Henderson Rd.’
In this regard, it is considered the development would not meet the definition of ‘visitor accommodation’ and would be a ‘detached house’, an inconsistent use in the Visitor Mixed Use zone.
Information Required
Provide clarification on the proposed use of the site, and amend the application accordingly.
Issue
Further to the above issue, should the proposal be visitor accommodation, the proposed lagoon/wave pool is not considered to be an ancillary recreation use.
The application material states:
‘The code allows for ancillary recreation uses, such as tennis courts, pools and the like, subject to them not having an adverse effect on the amenity enjoyed by users of adjacent or nearby users, including containment of light spill and noise. The proposed 0.4ha lagoon is considered an ancillary recreational use which is smaller than other existing recreational type uses on the North Shore’s Visitor Mixed use zone, including the existing equestrian arena, high ropes facility, 1ha dam/lagoon, playground, jumping pillow minigolf course, recreational and pool facilities and tennis courts.’
‘Ancillary uses’ under the Visitor Accommodation Code refers to uses ancillary to the use on the site, in this case being a two bedroom Visitor Accommodation - Rural Type 3, and is not referring to other recreational uses provided in proximity to the development.
The term ‘ancillary’ is defined by The Noosa Plan as:
‘Ancillary means associated with, but incidental and subordinate to’
In addition, the Overall Outcomes of the Noosa North Shore Locality Code states:
s) 	The scale and form of buildings and other structures are —
i 	closely related to the setting and existing buildings;
ii 	designed to be responsive to the informal coastal and riverside character of the locality;
iii 	integrated into the landform and landscape; and
iv 	consistent with the amenity and safety expectations of the community;
Council does not consider the proposed 4,000m2 lagoon/wave pool to be incidental and subordinate to the visitor accommodation proposed, or that it is of a scale or form as required by Overall Outcome s). Council considers the lagoon/wave pool to be a separate, standalone land use, being Open space - Type 1 Sport & recreation, defined in The Noosa Plan as follows:
Open space means any use of private or public land left predominantly undeveloped by buildings or structures. The term includes the following types:
Type 1 Sport & recreation: The use of premises for sports or active recreation in a formal outdoor setting, accessible by the public. The use does not include indoor sports or indoor recreation but may include a clubhouse with storage and amenities, provided the use of the clubhouse does not include entertainment or dining uses. The use includes a public swimming pool, sportsground and a tennis court.
Limited information has been provided on the functioning of the proposed lagoon/wave pool addressing the requirements of Specific Outcome O5 of the Visitor Accommodation, though it is considered that the ‘wave pool’ is likely to adversely impact on the amenity of surrounding residences in the form of noise, light, and fauna.
Information Required
Provide clarification on the proposed use of the site, and amend the application accordingly.
Provide evidence the lagoon/wave pool is ancillary to the proposed use type and is of a scale and form consistent within the locality.
Provide detailed information on the operational and maintenance requirements of the lagoon/wave pool, including details such as:
detailed plans for the lagoon/wave pool, including sections and cut and fill requirements;
details on water supply / delivery, including how the water will be delivered, how the lagoon/wave pool will initially be filled, and how any additional water will be supplied if required;
where the proposed water tanks will be located;
how the wave is generated, including details on pumps, filtration system, how often the waves are generated etc;
hours of operation;
methods to be employed to ensure that the appearance and noise generated will not adversely impact on other residents or the locality, including a Noise Report, prepared by a suitably qualified person, addressing all aspects of the use;
any proposed lighting, including height, location and lux levels;
any proposed fencing, including height and location.
Issue
The Strategic Framework and Community Vision outlines the overall vision sought by the community of Noosa Shire by 2021, including:
1.4.6	Tourism Sector Vision to 2021
The community and tourism industry of Noosa Shire works so well together that Noosa is internationally recognised as an innovator in achieving interdependent economic, social, and environmental sustainability.
1.7.8 	Visitor Facilities
c) 	A Visitor Mixed Use Zone also applies to the holiday accommodation centre in Beach Road, Noosa North Shore. This site will continue to provide a range of accommodation styles and commercial services to visitors to the Noosa North Shore area, though limited expansion is intended.
d)	Visitor attractions throughout Noosa Shire continue to be focused on natural assets such as the beaches, national parks, watercourses and foreshore parks. Other attractions such as the lakes, mountains, trail network and coloured sands assist in decentralising visitor activities away from the south-east corner of the Shire and offering visitors different experiences.
1.7.12 Natural Environment Protection
b) 	Activities that have potential to impact on water quality, bank or slope stability, fauna habitats and linkages, or significant scenic vistas are inconsistent within the scheme.
1.7.14 Natural Hazard Management
b) 	Development in areas at risk from natural hazards is to be compatible with the nature of the hazard so as not to place people, property, economic activity, social wellbeing and the natural environment at risk.
c) 	Development is avoided in areas subject to natural hazards or where natural hazards cannot be avoided, mitigation or adaptation measures are adopted taking into account predicted frequency and severity of the natural hazard.
d) 	Development does not materially increase the impact or severity of natural hazards.
e) 	Development protects flood plains and the flood conveyance capacity of waterways.
f) 	Development supports and does not unduly burden disaster management response or recovery capacity and capabilities
Information Required
Please provide justification for the proposal against the Strategic Framework for The Noosa Plan.
Issue
The Noosa North Shore Locality provides limited opportunity for visitor accommodation, being consistent only in the Visitor Mixed Use zone, and allowing only Visitor Accommodation type 1 in the Rural Settlement zone.
Given the limited land availability for visitor accommodation in the Locality, the proposal is considered to be a gross underutilisation of the site. The underutilisation has economic implications for Noosa given the importance of the tourist industry to the local economy and employment opportunities. The site has key attributes in terms of providing a unique visitor experience consistent with Noosa’s sustainability values and the underutilisation of this site significantly limits future economic opportunities for the community of Noosa North Shore and surrounding villages, and reduces the availability of nature based experiences for visitors to the shire. It is considered that should the site not be developed to its full potential, it would likely result in pressure for additionally zoned visitor accommodation areas within the Noosa North Shore Locality in the future, which is undesirable.
Information Required
Please provide justification for the gross underutilisation of the site and the potential impact on land availability for visitor accommodation in the Locality.
Provide an economic impact assessment addressing but not limited to, the effect of the underutilisation of the site for visitor accommodation, on the local economy and employment.
Issue
The application material does not address the relevant Overall Outcomes of the Visitor Accommodation Code, including (but not limited to):
c) 	The density and design of Visitor accommodation integrates with the urban or landscape fabric of its particular locality;
e) 	Visitor accommodation is energy and water efficient;
f) 	Visitor accommodation is compatible with surrounding land uses; and
g) 	Visitor accommodation is suitable to the needs of visitors and is accessible to services and facilities or valued features within the Shire.
Information Required
Please address the above Overall Outcomes of the Visitor Accommodation Code.
Issue
The application material does not address the relevant Specific Outcomes of the Visitor Accommodation Code, including (but not limited to):
O3 Visitor accommodation is at a scale and nature complementary and respectful to its surroundings and does not unduly impact on adjacent or surrounding land uses or the amenity of the surrounding area.
O5 Ancillary recreation uses, such as outdoor tennis courts and half netball courts, do not have an adverse effect on the amenity enjoyed by users of adjacent or nearby premises nor do they cause unreasonable disturbance to local fauna through light emissions, by ensuring that lighting devices are limited to those designed and installed to:
a) 	minimise light spillage on neighbouring premises;
b) 	preserve an acceptable degree of lighting amenity at the neighbouring premises;
c) 	provide covers or shading around lights;
d) 	direct lights downwards;
e) 	position lights away from possibly affected areas; and
f) 	enable brightness of lights to be adjusted to low levels.
O34 Rural accommodation is established in the rural areas of the Shire in a manner that protects the amenity of the rural areas while offering moderate to high levels of access to urban facilities.
O35 Rural accommodation is associated with rural production, agricultural pursuits and promoting the natural environment and takes the form of farmstays, bed and breakfasts, cabins, cottages or a small guest lodge.
Information Required
Provide details of compliance with the relevant Specific Outcomes of the Visitor Accommodation Code.
Issue
The Site Plan provided does not include setbacks.
Information Required
Provide an updated Site Plan showing setbacks to the proposed Guest House and Private Lagoon.
Issue
The scale of the lagoon is likely to trigger the Natural Hazards Overlay Code for Acid Sulfate Soils. No acid sulfate soils management plan has been provided.
Information required
Provide an acid sulfate management plan for construction of the lagoon prepared by a suitably qualified person.
Issue
The TOD Water Management Plan proposes waste water infiltration through the ground. No information is presented regarding the quality of the water disposed of by infiltration. It is noted 169Kl per day can be disposed by this method. The land to the east is National Park and contains wetlands and habitat for threatened species and is listed as a Wetland of High Ecological Significance on the Map of Queensland Wetland Environmental Values – a Matter of State Environmental Significance.  The Noosa Plans seeks the habitat values of the receiving waters are maintained and not impacted upon by development.
Information Required
Provide information regarding the disposal of waste water by infiltration on the habitat values of the land, adjacent lands and the impacts, in-situ, on ground water organisms.
Provide information by a qualified ecologist, with experience in assessing impacts of waste water disposal on ground water dependent ecosystems on the methods to be engaged, to ensure the downstream ecosystems, properties and infrastructure are not adversely impacted by either changes to flow, water quality or ecosystem health caused by development.
Provide evidence the Wetland of High Ecological Significance on the Map of Queensland Wetland Environmental Values – a Matter of State Environmental Significance, will not be impacted upon by the construction and on-going use of the land, including likely variations in seasonal rainfalls events due to climate change.
Issue
The TOD Water Management Plan requires a minimum of one 280Kl tank or two 280Kl tanks for optimal water management of the pool. No information has been supplied regarding the location and operation of the tanks. No information has be provided regarding the filling of the tanks and the wave pool.
Information Required
Provide information on the proposed location of the water tank(s) and pipe work infrastructure.
Provide information on how the tanks will be filled initially, and how the tanks will be topped up in dry periods.
Provide information on how the pool will be filled.
Provide information on the vegetation to be impact upon by the location of the tanks.
Issue
A draft ecological report has been submitted with the words “draft not for submission purposes” on every page. The information presented in the report has not been considered complete for assessment due to the “draft not for submission purposes” wording and highlighted words within the text.
Information Required
Clarify if the information presented in the report is accurate and forms part of the assessment material for the development application.
Provide an Ecological Assessment Report, based on Planning Scheme Policy 18 Ecological Assessment Guidelines, which assesses the environmental values of the development footprint and surrounds and the impact the development will have on these values with the construction and on-going use of the development.
Issue
A draft Bushfire Management report has been submitted with the words “draft not for submission purposes” on every page. The information presented in the report has not been considered complete for assessment due to the “draft not for submission purposes” wording and highlighted words within the text.
Information Required
Clarify if the information presented in the report is accurate and forms part of the assessment material for the development application.
Issue
The draft Bushfire Management report identifies the proposed location of the dwelling as requiring BAL flame zone building standard which then states it is undesirable and proposes clearing to achieve a BAL29. Furthermore the included plan shows trees to be removed which do not appear associated with the development.
Information Required
Provide a plan showing the extent of clearing required to achieve a radiant heat flux level at any point on the building or envelope that does not exceed 29 kW/m².
Provide a detailed plan which documents all the species of vegetation to be cleared to facilitate the development.
Provide information regarding the purpose of clearing of vegetation outside the footprint of the development.
due date for response to information request
The due date for providing the requested information is 22 January 2020. Please advise Council of your response to this information request in accordance with section 13 of the Development Assessment Rules.
If you do not provide a response before the due date, it will be taken as if you have decided not to respond to the information request and Council will continue with the assessment of your application.
other details
You can follow the progress of this application online at www.noosa.qld.gov.au. The “Online Services” page can be accessed via "Quick Links" on the left hand side of the screen.
Should you have any further queries in relation to the above, please do not hesitate to contact me on the number above.
Yours faithfully

Tara Norley
Development Planner

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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