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2018-12-11 Planning & Environment Committee Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 11 December 2018
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson, Tony Wellington
“Noosa Shire – different by nature”
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Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 MCU17/0046.01 & OPW17/0160 - PLANNING & ENVIRONMENT COURT APPEAL
NO 2843 OF 2018 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE
FOR DUPLEX DWELLING AT 38 PARK CRESCENT, SUNSHINE BEACH 3
2 51987.2951.01 - MINOR CHANGE TO A DEVELOPMENT APPROVAL FOR
ADDITIONS TO A DETACHED HOUSE TO INCLUDE A SWIMMING POOL, DECK
AND OTHER STRUCTURES SEAWARD OF THE COASTAL BUILDING LINE
SITUATED AT 42 SEAVIEW TERRACE, SUNSHINE BEACH 11
3 MCU16/0133.01 - REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR
INDUSTRIAL BUSINESS TYPE 2 AND ENTERTAINMENT AND DINING BUSINESS
TYPE 1 FOOD & BEVERAGE AND ANCILLARY DWELLING UNIT SITUATED AT
19 VENTURE DRIVE, NOOSAVILLE 41
4 GAMBLING ALLIANCE REFORM GROUP 60
5 NOOSA FISHING FUTURES - A SUSTAINABLE FISHERIES DIRECTIONS PAPER 68
CLOSED SESSION -
Page 2 of 72
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU17/0046.01 & OPW17/0160 - PLANNING & ENVIRONMENT COURT APPEAL NO
2843 OF 2018 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR
DUPLEX DWELLING AT 38 PARK CRESCENT, SUNSHINE BEACH
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/ MCU17/0046.01 & OPW17/0160
Attachments 1. Approved Plans
2. Revised Plan
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 11 December 2018 regarding Planning & Environment Court Appeal No. 2843 of
2018 and agree to settle the appeal on the basis of revised Plan No. TP02 (Revision C) titled Street
Parking Diagram, prepared by NDF Architects and with the imposition of the following new
condition 63:
63. The parking areas adjacent to the northern and southern boundaries of the subject land are
to remain open and no structures are to be constructed thereon with a height greater than
1.30 metres above the level of the car parking deck.
REPORT
An appeal to the Planning & Environment Court was lodged in response to an application to change
a development approval for a duplex dwelling. The appeal sought that the Court approve the
application for a minor change to allow an additional open visitor car space for the duplex dwelling
currently under construction at 38 Park Crescent, Sunshine Beach.
The duplex dwelling was approved at 38 Park Crescent, Sunshine Beach in August 2017. The
approved duplex consists of 2 x two bedroom units with each unit having a rumpus room capable
of being used as a third bedroom. The duplex is currently under construction, is 3 storeys and just
under the maximum 12 metre height limit for the area. Two single garages with a zero front
boundary setback and 1 open visitor car space to the southern side of the garages was approved
for future residents/visitors. A copy of the approved plans are included as Attachment 1.
Page 3 of 72
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Figure 1 – Approved site plan detailing 3 car parking spaces
The duplex dwelling complied with The Noosa Plan probable solutions for a duplex dwelling, with
the exception of the setback for garages and width of the driveway. A reduced setback from 6m to
0m for the garages was supported due to the site steeply sloping down from Park Crescent, with
the proposal also considered consistent with the existing streetscape.
In June 2018 the applicant lodged an application seeking to change the development approval to
allow an additional open visitor car space on site and so provide a total of 4 car parking spaces on
site. The additional visitor car space is shown in Figure 2 below.
Figure 2 – Applicants Proposal Plan lodged with Minor Change Application
This application was refused by officers as it would require a very wide driveway generally covering
the full frontage of the site, with limited opportunities for landscaping and result in a poor outcome
for the streetscape. On 6 August 2018 the applicant appealed Council’s decision to the Planning
and Environment Court. As part of the appeal process a mediation occurred on 25 October 2018.
Page 4 of 72
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
As a result of this process a mediation agreement was entered into with the applicant which sought
to address a range of matters including:
Minimising the increase of hardstand within the road reserve;
Enabling the parking of motorbikes on an extended deck area adjacent to the northern
boundary; and
Preserving a view line adjacent to the northern and southern boundaries.
The amended plan was therefore required to be submitted which incorporated modifications to:
Marginally increase the hardstand in the road reserve;
Increase the depth of the northern bin storage deck adjacent to the front boundary by 1.0
metre; and
Use part of the northern deck for the purpose of motorbike parking.
A copy of the revised plan is included as Attachment 2.
The mediation agreement states that the appellant agrees to the imposition of condition/s of
development that the car parking areas to the north and south of the subject land are to remain
open and no structures are to be constructed thereon higher than that currently approved to the
southern visitor car park in order to preserve views. The height of the structure currently approved
to the southern visitor car park is 1.30 metres in height. Accordingly, it is recommended that the
following additional condition be included in the Decision Notice.
Additional condition added 20 December 2018:
63. The parking areas adjacent to the northern and southern boundaries of the subject land are
to remain open and no structures are to be constructed thereon with a height greater than
1.30 metres above the level of the car parking deck.
The proposed changes are considered suitable and will not have a detrimental on the amenity of
the area as they:
Preserve the opportunity for landscaping within the front boundary;
Maintain views adjacent to the northern and southern elevation; and
The area for motorbike parking is generally limited to the existing approved deck area.
It is recommended Council accept the mediated outcome and the recommendation is worded
accordingly.
Previous Council Consideration
The application was previously decided by Council officers under delegation.
Finance & Risk
There will be costs associated with finalising the appeal.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes - Solicitor
Internal Consultation
Nil
Page 5 of 72
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director X Director Director
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 6 of 72
Section 7
ATTACHMENT 1
Page 7 of 72
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Page 9 of 72Section 10
ATTACHMENT 2
Page 10 of 72
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5 1 1 1 70 3 807 2285 318 35 8 LNAWHOVLLYSection 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
2 51987.2951.01 - MINOR CHANGE TO A DEVELOPMENT APPROVAL FOR ADDITIONS
TO A DETACHED HOUSE TO INCLUDE A SWIMMING POOL, DECK AND OTHER
STRUCTURES SEAWARD OF THE COASTAL BUILDING LINE SITUATED AT 42
SEAVIEW TERRACE, SUNSHINE BEACH
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Environment and Sustainable Development Department
Index ECM / Application / 51987.2951.01
Attachments 1. Coastal Building Line Review
APPLICATION DETAILS
Application No. 51987.2951.01
Development Approval Town Planning Consent TPC 1918 for a dwelling in a Sand Dune
Problem Area.
Applicant M Design
Request Received On 19 September 2018
PROPERTY DETAILS
Property Address 42 Seaview Tce Sunshine Beach Qld 4567
RP Description Lot 57 RP 81810
Land Area 592m²
Existing Use of Land Detached House
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Eastern Beaches
Zone Detached Housing
Overlays Biodiversity Overlay - Environmental Protection
Natural Hazards Overlay – Landslide hazard area
Natural Hazards Overlay – Low potential acid sulfate soils
Natural Resources Overlay – Coastal Protection Area
Assessment Type Minor Change to Development Approval
Page 11 of 72
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 11 December 2018 regarding Application No. 51987.2951.01 to make
a minor change to an existing approval for additions to a detached house to include a swimming
pool, deck and other structures seaward of the coastal building line situated at 42 Seaview Tce,
Sunshine Beach and:
A. Refuse the change for the following reasons:
1. The proposal does not comply with the Planning Scheme in force at the time of the
original approval, given the extent of excavation and vegetation removal.
2. The proposal does not comply with the Natural Resources Overlay Code for Coastal
Protection as it has the potential to adversely impact on natural coastal processes.
3. Given the site is affected by the Coastal Building Line and is located in a highly
vulnerable erosion prone area, the proposed 6m setback is not sufficient to minimise
the risk of erosion.
4. The proposal does not comply with the Biodiversity Overlay Code as vegetation is
proposed to be removed within the Environmental Protection Overlay placing the
integrity and resilience of the foreshore at risk.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks to change an existing development approval for additions to the existing
detached house. The proposal seeks to construct 2 new in ground water tanks, approximately
48m² of decking and a 13.4m x 4.4m swimming pool and a set of stairs seaward of the coastal
building line. The swimming pool is proposed with a setback of 6m from the seaward boundary.
The applicant seeks to retain 6m of vegetation from the seaward boundary. Figures 1 and 2 provide
a plan view and section of the proposal. The Coastal Building Line is generally 15m from the
seaward boundary, however, background of the Coastal Building Line is provided in section 2.1 of
this report.
Page 12 of 72
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Figure 1 – Plan view including the coastal building line in pink and the line of the existing building in blue. The
blue line represents the existing portion of the dwelling cantilevered seaward of the Coastal Building Line.
Figure 2 – Cross section showing the new pool, water tank and decking and the existing cantilevered portion
of the dwelling.
Page 13 of 72
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
The applicant has provided the following documents in support of the development:
Coastal Building Line Review - 42 Seaview Terrace, Sunshine Beach, prepared by Omtrek
Engineering Planning Environment (provided as Attachment 1);
Supporting Document, prepared by Reel Planning Urban and Rural Strategies;
Alteration to Existing Detached Dwelling – 42 Seaview Terrace, Sunshine Beach 4567,
prepared by RG Strategic.
2. SITE DETAILS
2.1. Background
Council approved Development Approval 51987.2951 (TPC 1918) for a dwelling in a Sand Dune
Problem Area (Coastal Management Control District) on 7 July 1987.
The development was approved up to 9m in height and with a front setback variation. A small
portion of the upper level living room and balcony cantilevered between 2.5m and 3.5m seaward
of the Coastal Building Line, noting the intrusion seaward of the Coastal Building Line is limited to
the cantilevered portion. Figure 3 below is the original plan showing the extent of the encroachment
and Figure 4 shows the Coastal Building Line, the subject site and surrounding properties.
Figure 3 – Original plan showing between 2.5m and 3.5m cantilevered structure into the 15m ‘no building
zone’.
Page 14 of 72
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Figure 4 –Coastal Building Line (purple line), subject site (highlighted in yellow) and surrounding properties.
As shown in Figure 4, the majority of development on the eastern side of Seaview Terrace has
some form of building work seaward of the Coastal Building Line. As reference for Section 3 of this
report, it is important to provide background to other development affected by the Coastal Building
Line on the seaward side of Seaview Terrace which is provided in Table 1 below.
Page 15 of 72
Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Table 1 – Background of development on lots affected by the Coastal Building Line on the
seaward side of Seaview Terrace
Address in Development Date of Decision Comments
Seaview Approval
Terrace
The blue rows represent development assessed under the State Coastal Management Plan* provisions.
38 2005132004.240114 11 July 2005 No development seaward of the Coastal
Building Line.
40 51993.271 1993 DA File misplaced. Building plans indicate
development approximately 3m to 4m
seaward of the Coastal Building Line.
42 Subject site – background provided above.
44 No DA records for Original dwelling appeared (from aerials)
original dwelling to comply with the Coastal Building Line
setback.
MCU12/0159 9 January 2013 A portion of the building, a deck and pool
(pool setback 4m – 5.7m from rear
boundary) approved seaward of the
Coastal Building Line. Third party referral
to DEHP. Alignment of neighbouring
property was considered in the
assessment.
MCU15/0023 5 June 2015 A greater setback to the pool (4.9m to
6.5m from rear boundary) and a reduction
of building forward of the Coastal Building
Line when compared to the previous
approval.
46 - 48 132005.2200 27 February 2007 The application was subject to the State
Coastal Management Plan*. For context
an extract from the planners report is
provided below—
The State Coastal Management Plan
contains specific provisions relating to
erosion prone areas when undertaking
development assessment. The State
Coastal Management Plan, Policy 2.2.2
applies to Erosion Prone Areas. For
existing developed areas in the erosion
prone area, the limit for new buildings is
the building alignment of neighbouring
properties. Further development is only to
occur landward of this alignment.
The proposed dwelling house is primarily
located landward behind the 15 metre
building setback line from the rear
boundary. Although small sections of the
house and the proposed pool extend
within this setback, the development does
not occur seaward of the neighbouring
dwelling to the north or the existing deck
on the site which is to be retained.
Page 16 of 72
Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Address in Development Date of Decision Comments
Seaview Approval
Terrace
50 132004.4743 2005 The proposal is seaward of the Coastal
Building Line and was subject to the State
Coastal Management Plan, Policy 2.2.2.
The assessment is similar to the
neighbouring 46-48 Seaview Terrace.
52 131998.982104 14 December 1998 Extension to existing dwelling seaward of
15246 DA the Coastal Building Line. Referral to the
Beach Protection Authority. Consideration
of neighbouring properties alignment.
54 No DA on file
56 132005.901 29 November 2005 The proposal is seaward of the Coastal
Building Line and was subject to the State
Coastal Management Plan*, Policy 2.2.2.
The assessment was similar numbers 46-
48 & 50 Seaview Terrace.
58 51996.2025 (04632 23 August 1996 A cantilevered deck seaward of the
TP) Coastal Building Line resulting in a 6m
setback to the seaward boundary. Referral
to the Beach protection Authority.
60 131999.982760 12 July 1999 Dwelling seaward of the Coastal Building
Line. Extensions to an existing house built
prior to the 1980’s.
62 132004.4920 26 November 2004 Dwelling seaward of the Coastal Building
Line. The proposal was subject to the
State Coastal Management Plan*, Policy
2.2.2. The assessment was similar to
numbers 46-48, 50, & 56 Seaview
Terrace.
64 No DA except for an The existing dwelling appears to extend
extension to the approximately between 2m to 3m seaward
carport of the Coastal Building Line.
*The State Coastal Management Plan commenced in February 2002 and ended in February 2012 and
was replaced by State Planning Policy 3/11: Coastal Protection (2 Dec 2013). Since 2013 various State
Planning Policies have lapsed or been repealed.
Page 17 of 72
Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
The site is also within an Erosion Prone Area and Coastal Management District as shown below
in Figures 5.
Figure 5 – Current QLD Government mapping of the Erosion Prone Area on the left and Coastal Management
District on the right.
The lot is also affected by Council’s new Coastal Hazards – Erosion Prone Area mapping. The
modelling was undertaken in accordance with the Queensland Government Coastal Hazard
Technical Guide. Modelling for Erosion Prone Area 1% AEP storm event consists of three future
planning horizons– the years 2040, 2070 and 2100, as well as present day conditions, for a
comparison. The modelling outputs were completed and signed off in February 2018 by the
relevant representative of the QLD State Government ensuring the modelling was in accordance
with the State guidelines. Figure 6 below shows the subject site and the newly modelled erosion
prone areas.
Figure 6 – New mapping of Erosion Prone Area 1% AEP storm event, current, 2040, 2070 & 2100.
Page 18 of 72
Section 19
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
The new modelling shows the N.E. corner of the site is currently affected. The modelling suggests
that by 2040, within the life of this development, approximately 75% of the site is affected by coastal
erosion in a 1% AEP storm event.
As background for this report, the QLD Government Guideline: State Development Assessment
Provisions State Code 8: Coastal development and tidal works provides information on the intent
of the Coastal Building Line and the concept of coastal processes are provided below:
Coastal Building Line
Coastal building lines are declared in those areas that are already developed for urban purposes
and are highly vulnerable to coastal erosion. The intent of the coastal building line is to:
provide a common alignment for building work;
set back development from the coastline which reduces the erosion risk to people and property;
provide space on the lot seaward of the development for construction of future erosion control
structures wholly on the lot and not on State land.
Generally, no building work, including houses, sheds or swimming pools, would be permitted
seaward of a coastal building line. Only works for the protection of existing buildings from sea
erosion, such as seawalls, would be permitted seaward of a coastal building line.
Coastal Processes
Coastal processes are the natural processes occurring on the coast and in tidal water including:
wind, waves, tides and currents which transfer energy to the coast and drive other processes;
sediment transport to and along the coast;
sediment accumulation or erosion onshore and offshore which builds or destroys landforms
including foreshores, beaches, dunes, delta plains;
the growth and spread of plants and succession of plant communities, especially where
plants have a specific role in trapping sediment and building landforms (mangrove and dune
colonizing grasses) and stabilizing sediments against erosion;
changes in sea-level both temporary and permanent from weather events and climate
change.
2.2. Surrounding Land Uses
The site adjoins detached houses to the north and south and to the west across Seaview Terrace.
The site slopes steeply to the east adjoining north Sunshine Beach dog beach.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application;
must be assessed against, all matters the responsible entity would or may assess against or
have regard to, if the change application were a development application; and
another matter that the responsible entity considers relevant; and
must assess against, or have regard to, the matters that applied when the development
application was made and;
may assess against, or have regard to, the matters that applied when the change application
was made.
The following codes from the Noosa Plan are applicable to this development:
Biodiversity Overlay Code
Page 19 of 72
Section 20
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Natural Resources Overlay Code
Detached House Code
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 additions are
considered part of the detached house;
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;
where the original application was code assessable, the change would not cause the
application to become impact assessable.
3.3. Statutory Instruments
The proposal seeks to construct a deck, rainwater storage tanks, stairs and a swimming pool
seaward of the Coastal Building Line resulting in a setback of 6m from the seaward boundary. The
Coastal Building Line is generally 15m from the seaward boundary as shown in Figure 1 in Item 1
of this report.
State Development Assessment Provisions
Section 81 (2) (e) of the Planning Act 2016 permits the responsible entity to assess applications
against matters considered relevant. In this instance, it is considered the State Development
Assessment Provisions: State Code 8 is relevant as it provides up to date and clear assessment
provisions for development in the coastal environment and for lots affected by the Coastal Building
Line.
Furthermore, the State Development Assessment Provisions: State Code 8 is applicable when the
Development Permit for Building Works is referred to the State Assessment and Referral Agency
(SARA) as a Concurrence Agency, which is the next step for the subject proposal, should it be
approved.
The relevant outcomes of the State Code 8 for development in an erosion prone area is provided
below.
Page 20 of 72
Section 21
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
The State Code 8 seeks that there is no development seaward of the Coastal Building Line except
for coastal protection work.
For guidance as to how to comply with the State Code 8 the guideline indicates the following:
Applications… should demonstrate that the proposed development is located landward of the
coastal building line; or
1. justify why the proposed development cannot be located landward of the coastal building
line; and
2. demonstrate how development seaward of the coastal building line is protected from coastal
erosion both now and in the future.
The proposal is not coastal protection work. The applicant’s proposed 6m setback has relied upon:
the alignment of neighbouring properties which are the result of repealed legislation and
policy; and
information from a previous analysis report undertaken by BMT WBM (2013), “Coastal
Processes Study for the Sunshine Coast” prepared for the Sunshine Coast Regional Council
indicating potential erosion at the northern end of Sunshine Beach is currently very low.
The applicant also indicates that due to “the dune elevation it is not feasibly possible to locate
future coastal protection works within the property boundaries. This effectively negates the need
for a coastal building line to constrain development for coastal management purposes.”
Page 21 of 72
Section 22
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
It is considered the applicant has not justified why the proposal cannot be located landward of the
Coastal Building Line. The applicant suggests the swimming pool and the proposed 6m landscaped
setback is not sufficient to protect the development in the event of erosion and the Coastal Building
Line is essentially meaningless in this instance.
Furthermore, the lot is highly vulnerable to coastal erosion and it is imperative to provide the
maximum buffer to the sea to minimise the risk to coastal erosion. The 15m Coastal Building Line
setback provides this buffer and ensures the development is more resilient to coastal erosion and
sea level rise as climate change occurs.
Superseded Noosa Planning Scheme
The 1985 Noosa Planning Scheme (pre Integrated Planning Act version) was in force at the time
of the original approval. Provisions in the superseded Planning Scheme required that on land in a
sand dune problem area—
(a) No person shall on land included in a sand dune problem area or steeply sloping land—
(i) concentrate water on any part thereof;
(ii) carry out any drainage works thereon or effect any alteration to existing drainage
works;
(iii) carry out any excavation, filling or any other earthworks;
(iv) clear the land of any existing vegetation;
except with the consent of the Council and in accordance with the conditions, if any, to which
such consent is subject.
Under the superseded Planning Scheme, the dwelling was approved with 2 balconies cantilevered
between 2.5m and 3.5m seaward of the Coastal Building Line resulting in no excavation seaward
of the Coastal Building Line. The Planner’s report indicates a ‘15m no building zone’ and allowed
a front setback dispensation given the sites constraints; topography and the presence of the
Coastal Building Line. Considering the extent of excavation and the removal of vegetation for the
in-ground water storage tanks and the swimming pool, the subject proposal does not comply with
the Planning Scheme in force at the time of the original approval.
The Noosa Plan
Biodiversity Overlay Code
Approximately 7m to 8m of the rear of the property is affected by the Biodiversity Overlay with
Environmental Protection.
The proposal seeks to remove some vegetation within the Environmental Protection area for the
building works. Specific Outcome O1 of the Biodiversity Overlay is relevant and is provided below:
Environmental Protection Area & Environmental Enhancement Area Vegetation & Riparian
Buffer Area
O1 Vegetation of local origin on premises identified as—
a) Environmental Protection Area or Riparian Buffer Area on the Biodiversity Overlay Maps
OM1.1 to OM9.1, is retained and conserved in its present form or improved to ensure its
ongoing contribution to the natural resources and biological diversity of the Noosa Shire; …
Page 22 of 72
Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Given the proposal is to remove some vegetation within the Environmental Protection area it is
considered not to comply with this Outcome and therefore assessed against relevant Overall
Outcome 13.7.2 d), which reads:
Development is managed so as to avoid, or where avoidance is not practicable, minimises or
mitigates the impacts upon the Shire’s biodiversity values and natural resources, including—
vi coastal resources and values including coastal foreshores, near shore marine environments,
beaches, dunes, rocky headlands, beaches and river mouths;
The Overall Outcome seeks to avoid, minimise or mitigate the development’s impact on the coastal
foreshores. It is considered by removing vegetation within the Environmental Protection Overlay is
not avoiding or minimising impacts on coastal resources and places the coastal foreshore integrity
at risk.
Natural Resources Overlay Code – Coastal Protection
It should be noted that development that is consistent with the specific outcomes complies with the
Natural Resources Overlay Code.
The relevant Specific Outcomes of the Natural Resources Overlay Code – Coastal Protection are
provided below:
O18 The siting and design of development and materials used within the Coastal Protection Area,
as identified on the Natural Resources Overlay Maps, do not cause any significant adverse impacts
on the coastal resources of the location nor interrupt the natural cycles of erosion and accretion of
foreshore areas and beaches.
O20 Buildings and other structures including swimming pools and retaining walls do not extend
seaward of the coastal building line except—
a) uncovered and unenclosed cantilevered balconies that do not extend greater than 3m
seaward of the coastal building line; and
b) are setback a minimum of 6m from the seaward boundary (See Figure 13.7).
The proposal does not comply with Specific Outcome O18 as it is considered the development
seaward of the Coastal Building Line has the potential to interrupt the natural cycles of erosion and
accretion of the beach. Furthermore, the proposal does not comply with Specific Outcome 20 as
the new development does not comply with the 15m setback of the coastal building line.
Page 23 of 72
Section 24
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Given the proposal does not comply with the Specific Outcomes, the following Overall Outcomes
for the Natural Resources Overlay Code are applicable:
13.42.2 The overall outcomes sought for the Natural Resources Overlay Code are—
f) for Coastal Protection Areas, development —
i does not adversely impact upon natural coastal processes; and
ii is designed and sited to protect the natural beach experience and visual amenity
enjoyed by residents and others.
It is pertinent that new climate change information and modelling has highlighted that within the life
of this development serious erosion may occur and risk life and property.
Erosion prone areas should be retained in their natural state where they can act as a buffer
between land uses and the beach to allow the natural coastal processes to occur, without the need
for intervention to protect human life and property. It is considered the proposal will adversely
impact on the coastal processes as a 6m landscaped setback is not sufficient to minimise the risk
of erosion.
While some of the dwellings on the seaward side of Seaview Terrace are constructed seaward of
the Coastal Building Line, they complied with the statutory instruments in force at the time. The
neighbouring property to the north was approved in 2012 with a third party referral to the equivalent
of SARA (State Government), and again approved in 2015; the assessment considering the
alignment of the neighbouring property. Since that time new information of climate change effects
on coastal processes have been modelled and more accurately depict the risk of erosion to the
subject property as shown in Figure 6 in section 2.1.
Furthermore, it should be noted that State g\Government planning for coastal areas has changed
over time. For example, between 2002 and 2012 State Planning Policy allowed for development
seaward of the coastal building line providing it did not protrude seaward of the neighbouring
properties building alignment. Whereas, the current State Development Assessment Provisions
are much more restrictive, not permitting development seaward of the coastal building line except
for coastal protection works. This highlights the Queensland State Government statutory planning
instruments recognise the importance of the risks of climate change and updated information
available.
4. RISK & LIABILITY
There will be increasing pressure for property owners to seek protection for their built assets to
combat erosion impacts. Who is responsible and who should cover this cost has some case law,
but is still not clear yet.
Climate change presents considerable uncertainty in terms of severity and frequency of hazard.
Council as assessment manager has a duty of care to give full consideration to coastal erosion
and sea level rise risks. While a planning scheme might provide for a particular type of development
to occur, the assessment manager must consider whether the design and siting of that
development is compatible with the risk and that any coastal risks have been appropriately
mitigated.
Advice from LGAQ and King and Co advise that Council has a duty of care to consider best
available information at the time of assessing the development application.
Page 24 of 72
Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
5. CONSULTATION
5.1. Referrals
The application was forwarded to the following internal Council specialists:
Principal Strategic Planner
Ecologist
Project Coordinator – Flooding, Coastal and Foreshores
Project Coordinator – Climate Change Adaptation
Their assessment forms part of this report
6. CONCLUSION & REASONS FOR DECISION
The 15m Coastal Building Line setback allows for the natural landscape to be the first line of storm
protection and buffering. Providing the maximum buffer from the sea will ensure that future
development is more resilient to coastal erosion and sea level rise as climate change effects arise.
Furthermore, the 15m setback preserves the integrity and structure of the frontal dune for longer
in the face of increased storm frequency, intensity and erosion without the need for coastal
protection works.
The proposed 6m setback does not provide sufficient natural landscape buffering in this highly
vulnerable erosion prone area. The 6m setback does not minimise the risk to erosion and allows
for potential impacts on and interference with coastal processes.
The subject property and surrounding properties are within a Coastal Management District, an
Erosion Prone Area and affected by the Coastal Building Line. Repealed policy and past
assessment has resulted in development forward of the Coastal Building Line. However, new
knowledge about coastal erosion including new erosion prone area modelling in accordance with
State guidelines, highlights the need to take a strong position in ensuring that development does
not encroach seaward of the Coastal Building Line to minimise risk to hazards.
The development is not in accordance with the relevant statutory planning instruments including
The Noosa Plan’s Biodiversity Overlay Code, Natural Resources Overlay Code for Coastal
Protection and the superseded Noosa Planning Scheme. The proposal raises significant planning
concerns and is recommended for refusal for the following reasons:
1. The proposal does not comply with the Planning Scheme in force at the time of the original
approval, given the extent of excavation and vegetation removal.
2 The proposal does not comply with the Natural Resources Overlay Code for Coastal
Protection as it has the potential to adversely impact on natural coastal processes.
3 Given the site is affected by the Coastal Building Line and is located in a highly vulnerable
erosion prone area, the proposed 6m setback is not sufficient to minimise the risk of erosion.
4. The proposal does not comply with the Biodiversity Overlay Code as vegetation is proposed
to be removed within the Environmental Protection Overlay placing the integrity and
resilience of the foreshore at risk.
Page 25 of 72
Section 26
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
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 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,
X
Design and Delivery
Page 26 of 72
Section 27
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
ATTACHMENT 1
Page 27 of 72
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
ATTACHMENT 1
LY
OMTREK
COASTAL BUILDING LINE REVIEW
42 SEAVIEW TERRACE,
SUNS HINE BEACH
Page 27 of 72Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Page 28 of 72
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Document Control Sheet
Project Number: J0022
Omtrek Pty. lid. -
HOLLAND PARK QID 4121 Title: Coastal Building Line Review — 42
Seaview Terrace, Sunshine Beach
Project Manager: Paul Prenzler
Ph: 0422 220 438
www.Omtrek.com.au a
Germs
Synopsis: Review of coastal management options associated with the
coastal building line over a property at 42 Seaview Terrace,
Sunshine Beach
Version History:
Distribution:
Cient Pdf
File word/pdf
Library -
Page 28 of 72Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Page 29 of 72
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
1. Introduction
Reel Planning Pty. Ltd has commissioned Omtrek Pty Itd on behalf of Mrs Rebecca Herrman (owner)
to review the coastal processes at Sunshine Beach and the coastal management implications
associated with relaxation of the coastal building line over the subject site at 42 Seaview Terrace,
Sunshine Beach.
The owner has submitted a development application for a swimming pool to be located within the
portion ofthe property within the coastal building line. This report aims to demonstrate that the
proposed development will not adversely impact on the future coastal management options along
this section of coast.
Page 29 of 72Section 30
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Page 30 of 72
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
2 Site Description
The subject site is a 592m? residential property located at 42 Seaview Terrace (Lot 57 on RP81810),
Sunshine Beach. Figure 2-1 shows the location ofthe subject site.
Sunshine Beach is located immediately south of Noosa Head and has an east-south-easterly aspect
which is exposed to the predominate south-easterly swell experienced along the south-east
Queensland coastline. The beach is a wave dominated system backed by low frontal dunes and very
high secondary dunes (i.e. 20m or higher). Development on Seaveiw Terrace, including the subject
site has occurred, along the ridge of the secondary dune and is therefore elevated at approximately
20m AHD.
Asmall ephemeral creek crosses the beach to the south of the site. This creek is observed in aerial
photography to meander north and south across the beach.
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Figure 2-1 Site Location
2.1.__Coastal Mapping Layers
The Department of Environment and Science (DES) has undertaken mapping of the coastal
management district, erosion prone area and coastal building lines along the Queensland coast in
accordance with the provisions of the @astal Protection and Management Act 1995. In this
instance, the site is located entirely within the mapped coastal management district and erosion
prone area for this section of coast (refer Figures 2-2 and 2-3, respectively).
The erosion prone area mapping is based on Erosion Prone Area Plan Number NOS3A Map |
prepared by DES(refer Figure 2-4). The Plan shows the erosion prone area for Sunshine Beach is
175m in width and is measured from the seaward toe of the frontal dune (i.e. the seaward edge of
spinifex grass is used for this purpose).
Page 30 of 72Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Page 31 of 72
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
The site is also constrained by a coastal building line (refer Figure 2-1) over the rear portion of the
property. The coastal building line is measured 15m inland from the rear (i.e. seaward) property
boundary.
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Figure 2-2 Coastal Management District in red hatch (source: SARA DA Mapping System)
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Figure 2-3 Erosion Prone Area extents in orange hatch (source: SARA DA Mapping System)
Page 31 of 72Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Page 32 of 72
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
1885°E Sse 32" E
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for Noosa Shire Local Government Area NOS 3A Map 1
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Figure 2-4 Erosion Prone Area Plan for Noosa Shire (source: Department of Environment and Science)
Page 32 of 72Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Page 33 of 72
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
2.2. Coastal Processes
It is understood that Noosa Shire Council is currently developing a Coastal Hazards Adaptation
Strate gy (CHAS) in consultation with the Department of Environment and Science. The CHAS will
undertake a detailed review of coastal processes and revise the erosion prone area based on the
information obtained. In relation to the erosion potential the CHAS will consider the wave climate,
storm tide estimates and sediment supply along with historical beach movements.
The wave climate for Sunshine Beach has been previously reported by BMT WBM (2013), “Coastal
Processes Study for the Sunshine Coast” prepared for the Sunshine Coast Regional Council. BMT
WBM (2013) has shown the wave climate for Sunshine Beach is dominated by waves from the east-
southeast direction (refer Hgure 2-5).
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Figure 2-5 Wave Rose for Sunshine Beach from BMT WBM (2013)
BMT WBM (2013) stated that the current 100 year ARI storm tide level, including an allowance for
wave setup, for Sunshine Beach is 2.61m AHD. Allowing for future projected sea level rise of 0.8m
by 2100 would equate to a 100 year ARI storm tide level of 3.41m AHDat 2100.
The other factor that will influence erosion potential at Sunshine Beach is sediment supply. BMT
WBM (2013) review the sediment transport between Caloundra and Noosa and found, “There is a
net northerly longshore sand transport potential within the study area that increases progressively
from approximately 3,700m per year at Currimundi Beach to approximately 23,300m? per year at
Sunshine Beach”. BMT WBM (2013) established that, in relation to Sunshine Beach, “A well
established dune and vegetation buffer allow the beach to respond naturally to erosion events” and
“At present, the erosion threat to development is considered low”.
Page 33 of 72Section 34
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Page 34 of 72
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
a Aerial Photography Analysis
Areview of historical aerial photography has been undertaken to assess the historical beach
movements at Sunshine Beach. Examination of aerial photography provides useful information on
erosion events and beach recovery. This information can be used to provide additional context to
the assessment of coastal processes above.
Figure 3-1 shows the aerial photography covering the site from 1979, 1987, 1999 and 2018. Figure
3-2 shows the seaward edged of vegetation from 1979, 1987 and 1999 over the current aerial
photography. This information shows there was a landward shift in the edge of vegetation in 1979
associated with frequent storms during the 1970’s. However, there was a subsequent recovery in
1987 and 1999 aerial photographs which correlate well with the current vegetation line. This
supports BMT WBM (2013) statement that erosion rates along this section of coast are current very
low.
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Figure 3-1 Aerial Photography from 1979, 1987, 1999 and 2018 (source: www.gimagery.gid.gov.au)
Page 34 of 72Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Page 35 of 72
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
ae > a wey , ‘.
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Figure 3-2 Comparison of vegetation lines 1979 (red), 1987 (dark blue) and 1999 (cyan) to current
Page 35 of 72Section 36
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Page 36 of 72
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5 1 1 1 55 10 2152 3319 55 34 89 1dSection 37
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Page 37 of 72
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
The other significant factor that must be considered in deciding the location of any future coastal
protection works is the height of the dunes and the impracticality of placing protection structures
within the property boundary. The subject property has an elevation of approximately 20m AHD
based on supplied contour information (refer Figure 4-2). Arock seawall design for this site would
need detailed design. However, based on experience from similar sites in southeast Queensland the
design may have the following:
1 a face slope of 1 V:2H,
| toe level at approximately lowest astronomical tide level (i.e. -1.123m AHD for Noosa Head),
and
‘] crest level to allow for storm tide and wave conditions associated with a storm event (i.e.
approximately 5m AHD).
This would mean the seawall would have an overall height of approximately 6m and a width ofat
least 12m. The alignment of such a seawall will be also influenced by the elevation of the properties
along Seaview Terrace and the angle of repose of sand.
Sand has an angle of repose (i.e. stable slope angle) of approximately 35° from horizontal.
Considering the land elevation of 15m above the 5m AHDseawall crest a stable slope would require
a width of approximately 21m between the seawall and permanent development. It is therefore not
likely to be possible to locate coastal protection works within the property.
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5 1 1 2 40 3 2138 3315 43 35 94 of
5 1 1 2 40 4 2194 3316 49 33 96 72Section 38
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Page 38 of 72
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
5. Conclusion
This assessment has found that the proposed development as shown in Figure 4-2 will not impact on
the future coastal management option for this section of Sunshine Beach.
Previous analysis by BMT WBM (2013) has shown that the potential for erosion at the northern end
of Sunshine Beach in the vicinity of the subject site is currently very low. This is supported by a
review of historical aerial photography which indicates minimal movement of the vegetation line
over a 40 year period.
This assessment has also shown that the most significant considerations in relation to the future
coastal management options (i.c. coastal protection works) for this section of coast are:
1 Previously approved development seaward of the coastal building line on neighbouring
properties to the north ofthe site, and
| The elevation of the dune on which the development is located.
Due to existing development and the dune elevation it is not feasibly possible to locate future
coastal protection works within the property boundaries. This effectively negates the need fora
coastal building line to constrain development for coastal management purposes.
It is therefore concluded that relaxation of the coastal building line to allow for construction of the
proposed pool at 42 Seaview Terrace, Sunshine Beach as shown in Figure 4-2 will not adversely
impact on coastal processes and will not affect the future coastal management options for this
section of Sunshine Beach.
Page 38 of 72Section 39
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Page 39 of 72
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
6. Qualifications
6.1. The Report
This report has been prepared by Omtrek Pty Ltd for the client based on an agreed scope
of work and to provide advice m relation to relaxation of the coastal building line at
Sunshine Beach.
Omtrek Pty. Ltd. exercises allreasonable skilland care in the provision ofits professional
services. Our analysis and overall approach has been specifically catered for the
particular requirements of the client and may not be applicable beyond this scope. For
this reason, any other third parties are not authorised to utilise this report without further
input and advice from Omtrek Pty. Ltd.
Omtrek Pty. Ltd. is not responsible and will not be liable to any other parties for or in
relation to any matter dealt within this report, or for any loss or damage suffered by any
other parties arising from matters dealt with or conclusions expressed in this report. Other
parties should not rely upon the report or the accuracy or completeness of any
conclusions and should make their own inquiries and obtain independent advice in
relation to such matters.
Except where expressly stated, Omtrek Pty Ltd has not verified the validity or accuracy
ofany information supplied to Omtrek Pty Ltd by the client or other parties for this report.
6.2. Limitations, Qualifications and Reservations
This report has been prepared specifically to provide justification for a relaxation of the
coastal building line at Sunshine Beach, Noosa.
The report is based on the following studies and information prepared by others:
1. BMT WBM (2013), “Coastal Processes Study for the Sunshine Coast”
2. Design drawings supplied by the client
The accuracy ofthe report is dependent upon the accuracy of this information.
Paul eb RPEQ
/ Vj
Director (Coastal Engineering)
Omtrek Pty Ltd
Page 39 of 72Section 40
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Page 40 of 72
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
7. References
BMT WEM, 2013: Coastal Processes Study for the Sunshine Coast. Brisbane, Queensland.
Page 40 of 72Section 41
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
3 MCU16/0133.01 - REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR
INDUSTRIAL BUSINESS TYPE 2 AND ENTERTAINMENT AND DINING BUSINESS TYPE
1 FOOD & BEVERAGE AND ANCILLARY DWELLING UNIT SITUATED AT 19 VENTURE
DRIVE, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Environment and Sustainable Development Department
Index ECM / Application / MCU16/0133.01
Attachments Nil
APPLICATION DETAILS
Application No. MCU16/0133.01
Development Approval Development Permit for Material Change of Use of Premises -
Industrial Business Type 2, Entertainment & Dining Business Type 1
and Ancillary Dwelling Unit and Operational Works for Earthworks,
Stormwater, Driveways, Parking, Erosion and Sediment Control,
Landscaping and Signage
Applicant Noosa Beer and Noosa Brewing Company Pty Ltd (Land and Sea)
Request Received On 13 September 2018
PROPERTY DETAILS
Property Address 19 Venture Dr, Noosaville Qld 4566
RP Description Lot 1 SP 216079
Land Area 1979m²
Existing Use of Land Industrial Business Type 2, Entertainment & Dining Business and
Ancillary Dwelling Unit
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Industry
Overlays Biodiversity Overlay
Natural Hazards Overlay
Assessment Type Change to Development Approval
Page 41 of 72
Section 42
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 11 December 2018 regarding Application No. MCU16/0133.01 to make
a minor change to an existing approval for situated at 19 Venture Dr, Noosaville and:
A. Refuse the change for the following reasons:
1. The proposal does not constitute a minor change as the development is a substantially
different development.
2. The development is operating as an Entertainment and Dining Business Type 3 – Bar
which is not approved and introduces a new land use to the premises.
3. The proposal results in the Entertainment and Dining Business being the primary use
on site and not subordinate to the industrial business.
4. The proposed scale of the Entertainment and Dining Business does not comply with
the Noosaville Locality Code as the use is more suited to a commercial zone and does
not protect industrial land for industrial purposes.
5. The proposal is significantly deficient of onsite car parking and overflow car parking on
street will adversely impact on the surrounding road network.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks a minor change to the existing development approval to:
utilise areas currently approved for industrial business for the purpose of flexible function
space and outdoor areas as additional use area for the Entertainment and Dining Business;
allow for general functions to occur as opposed to currently approved industry events;
amend the hours of operation for general functions and events to after 5pm Monday to Friday
and when production activities have ceased on Saturday, Sunday and public holidays;
Include a children’s play area under the existing tank sign.
No significant built form changes are proposed except to cover the existing pergola structure facing
Venture Drive and construct a children’s playground. Figure 1 below shows the new areas hatched
in blue.
Page 42 of 72
Section 43
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Figure 1 – Blue hatching indicates new areas proposed as part of the Entertainment and Dining Business and a
playground.
Page 43 of 72
Section 44
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
The new areas include:
a flexible function/entertainment/promotional/industrial area of 253m² currently part of the
Industrial business;
to use and roof the existing 46m² outdoor area to the north of the building; and
A 16m² children’s playground beneath the water tank sign on the corner Venture Drive and
Vision Court.
These changes result in 299m² of additional use area, resulting in a total use area for the
Entertainment and Dining Business of 419m². This excludes the retail sales area which is currently
being used and shown hatched in grey near the tasting area in Figure 1 above.
Flexible function space
The area proposed to be used as a flexible function space currently forms part of the industrial
business floor area. The applicant seeks to utilise this area temporarily while unoccupied by
industrial equipment. The applicant indicates that over time and in response to growing demand
for product, further fermenters, vats, canning, packaging and other production equipment will be
accommodated in this area.
This means that until such time as the industrial business grows, the applicant seeks to use this
area for Entertainment and Dining purposes. The applicant has provided Concept Staging Plans
for Future Operations, which provides some indication of the use of the flexible function area in the
future. Figure 2 below shows staging to 2020 and Figure 3 shows the future bottling and canning
area.
Figure 2 – Conceptual stage plan 2018 to 2020
Page 44 of 72
Section 45
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Figure 3 – Equipment provided in response to demand.
While a timeframe has been provided for some additional production equipment installation to year
2020 as shown in Figure 2 above, no definite timeframe has been provided for the installation of
the canning and bottling equipment located in the proposed flexible function space.
The applicant has provided the following in support of the request.
Given the large and underutilised production area available, the balance area not currently used
for production purposes is proposed to be used intermittently for functions and beer tasting/
educational events.
It is submitted that the proposed changes are minor in nature and are consistent with the scale,
nature and operational parameters of the original approval. In particular, we note that:
It is our understanding that the use of the under-utilised production area for tasting,
promotional, new release and other educational events was discussed during pre-lodgement
meetings with Council officers prior to the lodgement of MCU16/0133 and OPW16/0247;
The production space was designed for, and is able to be utilised as, a flexible space for both
production activities as well as entertainment uses as:
The application material described that site operations would include functions for up to 180
persons, and obviously this is only achievable through the use of the ‘Flexible Function /
Entertainment /Promotion / Industry Area’;
Page 45 of 72
Section 46
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
The site plans show the inclusion of bi-fold doors and a continuation of the polished concrete
floor into the production area creating a flow through space for functions;
The flow through element enables the two spaces to operate as an integrated space for both
production activities during normal production hours, and entertainment purposes outside of
normal production hours without conflict;
No fixed equipment or infrastructure will be located in space intended to be flexibly used for
production and entertainment purposes. On this basis, the expansion of the production
facility over time is not prejudiced or frustrated by the use of the space for periodic functions
or events;
The development approval already provides for Industry/business uses as well as
Entertainment and dining business uses within the premises, and therefore the proposal
does not involve introducing a new use to the site;
Due to the inclusion of the Entertainment and dining business use the development
application was subject to Impact Assessment and no objections to the entertainment use
were recorded by the public in association with the assessment of the application;
It is our understanding that there have been no complaints in relation to amenity or nuisance
emissions from the premises from surrounding business uses or more distant residential land
uses;
All aspects of the development will be operated in accordance with the limitations provided
for in the Development Approval, including overall operational hours;
The flexible and intermittent use of part of the production area for entertainment and dining
uses is an efficient use of the available space and supports diverse employment and
economic opportunities for the locality;
The use of the northern outdoor area will have no discernible impact on the ongoing operation
of the production facilities on the site or the broader Industrial zone. The bi-fold doors are
predominantly open during trading hours to capture sun and breezes, and there are no
sensitive land uses within close proximity to this area that may be impacted by the use of this
area in terms of potential noise or light impacts;
The use of the area beneath the water tank will have no discernible impact on the operation
of the site or the broader Industrial zone as the space is contained with a fence enclosed,
the space is in a highly visible area to ensure children will be under supervision at all times;
and
The rearrangement of internal use areas will not increase the internal Gross Floor Area
(GFA) of the existing building.
The application before Council was triggered by compliance action which is discussed below in
Section 2. The applicant now seeks to gain approval for the existing operation.
2. BACKGROUND
Pre-lodgement meeting – PLM16/0033
On 20 September 2016, a pre-lodgement meeting with the applicant and Planning Consultant was
undertaken. Staff pre-lodgement notes raised planning concerns regarding the scale of the
entertainment and dining business proportional to the industrial business and the potential for
offsite impacts. It was advised to scale back the Entertainment and Dining Business given the
plans indicated the Entertainment and Dining Business as approximately 50% of the size of the
industrial business.
Page 46 of 72
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Development Approval
A development approval for Development Permit for Material Change of Use of Premises -
Industrial Business Type 2, Entertainment & Dining Business Type 1 and Ancillary Dwelling Unit
and Operational Works for Civil Works, Landscaping and Signage was issued on 16 February
2017. No submissions were received.
It is important to note the approved use areas indicated on the approved plans are:
742m² - Industrial Business includes 62m² of retail sales area (20% retail area permitted by
the Planning Scheme for an industrial business)
120m² - Entertainment and dining business includes tasting area and covered outdoor
covered area facing Vision Court.
The originating applicant’s Planning Report framed up events were for beverage tasting, local
hospitality promotional nights, craft beer industry nights and occasional product launches and
indicated that occasional product release events would be held after 5pm with up to 180 patrons
attending. There was no indication of general functions.
It was anticipated that the tasting area, the covered outdoor area (facing Vision Court) and part of
the retail sales area would be utilised for the occasional product release events when up to 180
people would attend. It was accepted the retail sales area would occasionally be used for these
events and that patrons would arrive by public transport (Taxi, Uber) and/or mini bus as outlined
in the applicant’s Planning Consultant’s report and any overflow carparking catered for on street.
It was reasonable to approve an inconsistent use within the industrial zone on the basis that it was
subordinate to and complementary to the primary industrial business on site. The approval does
not permit general functions on the premises nor the use of the industrial business floor area to be
used for events.
Compliance matters
Compliance action commenced as a result of the development not operating in accordance with
the approval.
Council issued an Advisory Letter on 8 May 2018 raising concerns in regard to:
holding of functions outside the approved hours;
holding functions and events outside the approved Use Areas; and
How the provision of breakfast is associated with the industrial business use.
Since the Advisory Letter, further meetings have been held with the applicant to discuss the
existing operation and raised further concerns in regard to:
the types of events being held such as a flea market, car boot sale, pin ball tournament;
general functions which are not associated with the industrial business;
The entertainment and dining business component not operating subordinate to the industrial
business, given the floor area currently used.
Furthermore, a large portable cold room occupying 3 car spaces has been installed. Figures 4 to
7 below show the variety of events held and the cold room occupying car spaces.
Page 47 of 72
Section 48
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Figure 4 – Industry approved area; currently used for entertainment and dining use
(accessed from the Land & Sea website on 21/11/2018)
Figure 5 – Cold room in car park
Page 48 of 72
Section 49
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Figure 6 – Pinball tournament (accessed 18/10/2018 from Noosa Beer Co. LAND & Sea Facebook)
Figure 7 – Weekly activities
(left image accessed on 18/10/2018 and right image accessed 22/11/2018 from the Land & Sea website)
Page 49 of 72
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
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 whole of the Noosa Plan is applicable to this application. However, the following Codes are
more specific to the assessment:
Noosaville Locality Code
Business Uses Code
Landscaping Code
Engineering Works Code
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’. Schedule 2 of the Planning
Act 2016 set outs the meaning of a minor change as:
Minor change means a change that—
(b) For a development approval—
(I) would not result in substantially different development; and
(ii) If a development application for the development, including the change, were made
when the change application is made would not cause—
(A) The inclusion of prohibited development in the application; or
(B) Referral to a referral agency, other than to the chief executive, if there were no
referral agencies for the development application; or
(C) Referral to extra referral agencies, other than to the chief executive; or
(D) A referral agency to assess the application against, or have regard to, matters
prescribed by regulation under section 55(2), other than matters the referral
agency must have assessed the application against, or have had regard to, when
the application was made; or
(E) Public notification if public notification was not required for the development
application.
Under the Planning Act 2016 section 68(1) the Development Assessment Rules Schedule 1
outlines the following provisions to determine if the development is a ‘substantially different
development’:
4. A change may be considered to result in a substantially different development if the proposed
change:
(a) Involves a new use; or
(b) Results in the application applying to a new parcel of land; or
(c) Dramatically changes the built form in terms of scale, bulk and appearance; or
(d) Changes the ability of the proposed development to operate as intended; or
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
(e) Removes a component that is integral to the operation of the development; or
(f) Significantly impacts on traffic flow and the transport network, such as increasing traffic
to the site; or
(g) Introduces new impacts or increase the severity of known impacts; or
(h) Removes an incentive or offset component that would have balanced a negative impact
of the development; or
(I) Impacts on infrastructure provisions.
Each provision is assessed below.
Table 1 – Substantially different development:
(a) involves a new use;
Applicant’s initial response:
The proposed changes relate only to enabling an approved land use to operate within the curtilage of an
existing approved and constructed building, as well as an inclusion for additional floor area to enable an
ancillary children’s play and supervision area. The existing development permit is for Industrial Business
Type 2 and Entertainment and Dining Business Type 1. The proposed changes utilise the existing
approved land uses and do not introduce a new land use to the site.
The applicant, in response to Council’s concerns that current operations constitute an Entertainment and
Dining Business Type 3 – Bar and a new use on site, has provided documentation suggesting the
proposed changes are in accordance with the definition of Entertainment and Dining Businesses Type 1
- Food and Beverages. An extract of the applicants response is provided below:
This use was originally applied for as a stand-alone use based on Council’s advice at the time of the
originating application being lodged. It is our understanding that Council did not consider the proposed
use of part of the site to conduct tasting, serving, and associated functions was able to be considered as
an ‘ancillary’ use to the primary industrial land use for brewery purposes, and as such a separate use was
applied for to regularise this aspect of the business. The application material clearly stated that the
proposed use included functions for up to 180 persons to occur on the site outside of normal business
hours. The application was subject to Impact Assessment, and was subsequently approved by Council.
Council has now advised that they are of the opinion that the proposed minor change to this use is not
consistent with the activities undertaken within a typical café or restaurant. This position is based on a
review of the website and Facebook page of the development’s business, which identifies activities such
as ‘bingo’, ‘live music’ and ‘happy hour’. Council has advised that these activities are more appropriately
aligned to a Type 3 – Bar.
Assessment:
For reference, the Noosa Plan’s definition of Entertainment and Dining Business – Type 1 and Type 3 is
provided below.
A ‘stand-alone’ Entertainment and Dining Use – Food And Beverages Type 1 is approved on the basis
that it is subordinate to and associated with the industrial use on site, which is regulated by the scale (floor
area) and type of event activities approved. The originating application material does not state any general
functions were proposed but beverage tasting, local hospitality promotional nights, craft beer industry
nights and occasional product launches.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Furthermore, the applicant indicated that up to 180 persons would be onsite by special invitation for
product release events. Condition 5 of the approval supports this by requiring product release events to
be held after 5pm.
The proposal seeks 481m² of Use Area for the Entertainment and Dining Business Type 1 – Food and
Beverages which comprises approximately 65% of the approved industrial business Use Area of 742m².
Council’s advice has been consistent in that the entertainment and dining component must be subordinate
to and associated with the industrial business on site. Figure 8 below shows the proposed areas for the 2
uses on site.
Figure 8 – Red shading indicates Entertainment and dining business and purple shading Industrial business.
Concerns are raised with the significant increase in the scale of Entertainment and Dining Business use
and regular activities as happy hour, trivia nights, live music, open mic nights and other events and the
reduction of the industrial floor area. The operation is generally reflective of a hotel enterprise or a
‘brewpub’, where a hotel, tavern, bar or the like sells alcoholic beverages brewed on site. Given the
significant increase in scale of the Entertainment and Dining Business, it is considered the proposed
changes to ratify the current operation, are not an Entertainment and Dining Business Type 1 – food and
Beverages use but constitutes a new use on site; an Entertainment and Dining Business Type 3- Bar.
It is pertinent to note that the applicant does not agree with this determination and further indicates:
In relation to this matter, we would submit that the proposed minor change will have no impact on the
current and future use of the site as a primarily industrial land use. In particular, we submit that:
The business operates as a boutique brewery, and typical of other boutique breweries includes an
opportunity for food and drink provision as an ancillary and associated use;
The applicant has provided Council with concept plans showing expansion plans for the brewery
operation, which will over time reinforce the primary use of the site as a working brewery;
The expansion of the brewing area over time will extend into the proposed Flexible
Function/Industry Area, reducing the amount of floor space available for the non-industrial uses on
the site; and
No fixed plant or equipment such as chairs, tables or booths are located within the Flexible
Function/Industry Area, meaning that when this minor aspect of the overall site use is not operating
the entire floor space remains available for industrial production.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
On this basis, we would respectfully submit that the current and proposed nature of site operations does
not alienate or interfere with the use of the land for industrial activities, and instead represents a modern
industrial land use that leverages on the attributes of site production activities.
It is disagreed the land use represents a modern industrial land use but is considered an Entertainment
and Dining Business Type 3 - Bar.
(b) results in the application applying to a new parcel of land;
Applicant’s response:
The proposed changes do not result in the application applying to a new parcel of land.
Assessment:
Agree
(c) dramatically changes the built form in terms of scale, bulk and appearance;
Applicant’s response:
The proposed change enables the use of an internal room within the building to be used for both production
and entertainment uses. The co-locating of these uses will not affect the built form of the approved
development.
The use of the outdoor area for the purposes of a children’s play and supervision area will only require the
installation of fences and the inclusion of translucent roofing over an existing pergola. The change will not
involve the erection of walls or additional shade structures.
The proposed changes will not result in a scale, bulk and appearance that is significantly different from
what was original approved and will not result in altering any aspects of the development that may impact
the character of the local area.
Assessment:
The roofing of the northern pergola and a children’s play area will not significantly change the scale in
terms of built form, bulk or appearance.
(d) changes the ability of the proposed development to operate as intended;
Applicant’s response:
The proposed changes will enable the development to operate as originally intended as discussed within
Council during prelodgement discussions for MCU16/0133 and OPW16/0247. The repurposing of some
areas for a combined production and entertainment uses will still be within the intention of the existing
development permit.
Assessment:
The Entertainment and Dining Business was approved to operate subordinate to the industrial business
on site. The approval limits the Entertainment and dining business to 120m² with no use of the outdoor
area facing Venture Drive and limits operating times for product release events to ensure the use is
subordinate to the industrial business.
The repurposing of some of the industrial floor area will significantly increase the scale of the
Entertainment and Dining Business component and physically reduces the scale of the industrial
businesses area.
Given the increased scale and nature of the Entertainment and Dining component, it is considered these
changes will inhibit the Entertainment and Dining use to operate subordinate to the industrial business.
(e) removes a component that is integral to the operation of the development;
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Applicant’s response:
The proposed changes will not remove a component that is integral to the operation of the development.
Assessment:
The reduction in the physical industrial business area and the increase in Entertainment and dining
business results in the operation not being ancillary to the Industrial business on site. It is considered to
be operating more akin to an Entertainment and Dining Business Type 3 – Bar. Increasing the scale of
the Entertainment and Dining Business is removing the subordinate component which is integral to the
approved development.
(f) significantly impacts on traffic flow and the transport network, such as increasing traffic to the site;
Applicant’s response:
The proposed changes are predominantly internal and will not significantly impact on traffic flow and the
transport network. Anecdotal evidence of the current operation indicates the business rarely occupies all
parking spaces within the development at a single time. In the rare times where overflow parking is
required, it is noted that the proposed function activities only occur outside normal business areas where
there is sufficient on-street parking available within the industry precinct.
Assessment:
In regard to car parking and traffic, the approval allows for product release events to occur after general
industrial estate business trading hours. The application triggers significantly more car parking spaces
which cannot be provided on site may have traffic related impacts and would require further assessment.
(g) introduces new impacts or increase the severity of known impacts;
Applicant’s response:
The proposed changes reflect existing operational arrangements and will not introduce new impacts or
increase the severity of known impacts.
Assessment:
The proposed new use is likely to increase the severity of impacts such as noise, car parking and traffic.
(h) removes an incentive or offset component that would have balanced a negative impact of the
development;
Applicant’s response:
The proposed changes do not remove an incentive or offset component that would have balanced a
negative impact of the development.
Assessment:
Agree
(i) impacts on infrastructure provisions.
Applicant’s response”
The proposed changes do not impact on infrastructure provisions.
Assessment:
Agree
The proposed change to the development approval to ratify the current operations does not constitute a
minor change as the development results in a substantially different development.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
3.3. Statutory Instruments – Planning Scheme
The Noosa Plan is applicable to this application.
The following Table outlines the approved and proposed Uses Areas.
Land Use Approved Use Area Approved Use Area Proposed *(includes
the current use of the retail sales
area which is part of the Industrial
Business definition)
Industrial Business 742m² 427m²
Entertainment and dining 120m² (~16% of Industrial 481m² (greater Use Area than the
business type – food and Business floor area approved) industrial business component
beverage and 65% of the original Industrial
Business Use Area approved)
Total - less Ancillary Dwelling 862m² 908m²
Unit (50.5m²)
*The applicant does not agree that the retail sales area is not approved as part of the Entertainment and
Dining Business Type 1 use.
It should be noted the proposed Use Area of the Entertainment and dining business may reduce overtime
as the industrial business grows.
The approval provides for tasting, product release events, special invitation events, industry nights
and the like within the limits of 120m² and an occasional event where up to 180 people may attend
but the primary use being the industrial business. Events were approved as subordinate to and
associated with the industrial use. As discussed in section 3.2 of this report, the changes do not
constitute an Entertainment and Dining Business Type 1 and accordingly are not in accordance
with the approval.
The Noosaville Locality Code seeks that Industrial zoned land be protected for industrial activities
but allows for some non-industrial uses when they are subordinate to the industrial business on
site or when the use is not suited to a commercial zone.
As determined in section 3.2 above, the requested changes constituent an Entertainment and
Dining Business Type 3 – Bar operating akin to a ‘brewpub’, hotel or tavern that serves alcoholic
beverages brewed on site. The Entertainment and Dining Business Type 3 – Bar is an inconsistent
use in the Industry zone, considered the primary use of the premises and not subordinate to the
industrial business and therefore does not comply with the Noosaville Locality Code.
In support of request the applicant seeks to change the following conditions:
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
01 of 09 M Ground /Site Floor Plan, prepared by Building Suncoast Green 29.11.16
02 of 09 M Caretakers Floor Plan, prepared by Building Suncoast Green 29.11.16
05 of 09 M Elevations, prepared by Building Suncoast Green 29.11.16
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Applicant’s Request
The applicant seeks the inclusion of Plan HRP18103.001 Schedule of Use Areas (the Plan) as part
of the list of approved plans. The area nominated on the Plan as ‘Flexible Function / Entertainment
/ Promotion / Industry Area’ is presently used for beer and spirit production activities (Industrial
Business Type 2 uses) during normal business hours. The Applicant proposes that the space is
also used for periodic educational, tasting, and product launch events (Entertainment and Dining
Business Type 1 uses) outside of normal production hours. The Plan also identifies other changes
to the development including the additional areas for entertainment purposes and a children’s play
area, which are explored further below.
Assessment of Request
The proposed Schedule of Use Areas plan reflects a significant increase in the scale of the
Entertainment and Dining Business compared to that approved. The requested expanded
development introduces a new inconsistent use, being Entertainment and Dining Business Type 3
– Bar, which is not subordinate to the industrial business on site. The proposal is large scale and
more appropriately located in a commercial zone so as to protect industrial land for industrial
purposes.
Furthermore, the increase in Use Area triggers 33 additional car spaces (credit of 3 car spaces
given for the reduction in Industrial Business Use Area) which cannot be provided onsite. The
increase in traffic and deficiency in car parking provision of the Entertainment and Dining Business
raises concerns as the majority of Vision Court and this part of Venture Drive is not yet developed
or if developed not fully tenanted.
As part of the approval, some on street overflow car parking was accepted for occasional after
hour product release events. However, when the surrounding area becomes developed and
tenanted, it is likely the significant deficiency of off street car parking will overflow on street and
have a negative impact on the area. It is recommended the condition remain unchanged.
Condition 5 - Operating hours
5. Product release events must start after 5pm Monday to Friday and after 1pm on Saturday.
Applicant’s Request
The Applicant wishes to reword this condition to provide clarity for the development to provide
larger functions. The successful operation of the business has identified that Saturdays, Sundays
and public holidays have the greatest demand for these types of functions. It is requested that
Condition 5 be amended, which currently reads as follows:
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Section 57
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Assessment of Request
The operating hours were conditioned to complement the surrounding industrial hours and
generally for car parking purposes. There has been no change to the general industrial hours in
the area and therefore the condition is recommended to remain unchanged.
Condition 6- Outdoor dining area
6. The ‘porous’ paved area located along the north elevation indicated on the approved site
plan is not approved to be used as part of the Entertainment and Dining Business.
Applicant’s Request
Condition 6 stipulates that the outdoor area beneath the pergola along the northern façade of the
building is not to be used for entertainment purposes.
The Applicant seeks to take advantage of the Noosa subtropical lifestyle by using this area for
entertainment purposes. Indeed, the building already benefits from the bi-fold doors along the
entire frontage of this area, which invites the outdoors inside the building. Operationally these bi-
fold doors are currently open for the majority of operating hours. As such, the existing arrangement
of opening the bi-fold doors already presents an informal appreciation of this space. The proposal
would seek to formalise this arrangement within the development approval and take advantage of
the north facing aspect creating an indoor / outdoor flexible use. The minor extension of the
entertainment area to underneath the pergola is appropriate considering there are no adjacent
sensitive land uses.
The use of the space underneath the pergola for entertainment purposes will also enable guardians
to provide adequate supervision to the children.
It is requested that Condition 6 be amended, which currently reads as follows:
Assessment of Request
The intent of the Condition is to limit the Use Area to ensure the Entertainment and Dining use
operates subordinate to the industrial business. Given the intent of the condition to ensure the use
remains subordinate to the industrial business and combined with the potential car parking issues
raised, it is recommended that Condition 6 remain unchanged.
Condition 12 – Uncovered
12. The pergola facing Venture Drive must remain uncovered.
Applicant’s Request
Condition 12 relates to Condition 6 in limiting of the outdoor areas for the use of Entertainment and
Dining Business Type 1 uses by ensuring the pergola remains uncovered. In consideration of the
above mentioned proposed use integration of the indoor / outdoor areas and the inclusion of a
children’s play and supervision area, it is appropriate that Condition 12 deleted to enable the
existing pergola to be covered.
Assessment of Request
The intent of the condition is to limit the Use Area to ensure the Entertainment and Dining business
remains ancillary to the industrial business on site. It is recommended Condition 12 remain
unchanged.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Condition 24 - Landscaping
24. The development site must be landscaped. The works must be undertaken in accordance
with the approved plans and Planning Scheme Policy PSP 3 Landscaping Plants and
Guidelines.
Applicant’s Request
Condition 24 requires the development to provide landscaping in accordance with the approved
landscaping plans and Planning Scheme Policy PSP 3 Landscaping Plants and Guidelines.
This condition requires amendments to ensure the landscaping works incorporates suitable fencing
for the children’s play area.
Assessment of Request
The condition ensures the site is landscaped in accordance with the approved plans and the
relevant Planning Scheme Policy. The approval is for product release events, industry nights and
local hospitality promotional nights to occur after general industrial business hours. The matter of
including a children’s play area raises concerns as the primary use on site is approved for industrial
purposes and the Entertainment and Dining Business Type 1, which the play area relates to, is to
remain subordinate.
It is considered the play area is more likely to be associated with an Entertainment and Dining
Business Type 3 - Bar use (hotel/tavern) and not suited to an industrial area. It is recommended
for the condition to remain unchanged.
Council’s Assessment process
The applicant is not satisfied with the enforcement/assessment process of this application. An
extract of the applicant’s dissatisfaction is provided below.
We are somewhat dismayed at Council having raised this consideration of a potential new land
use 25 days after the lodgement of the minor change application, noting that such an application
is subject to a statutory assessment period of 20 business days. Additionally, this matter has been
raised five months after Council’s initial correspondence regarding the matter. In all of our previous
interaction with Council, such a matter has not been raised by Council.
The new land use was raised 25 days into the assessment timeframe as a result of the assessing
officer’s workload. Until such time as an application is submitted, a thorough assessment cannot
be undertaken of a proposal.
4. CONCLUSION & REASONS FOR DECISION
The current approval allows 120m² for the Entertainment and Dining Business Type 1 – Food and
Beverages use and the balance of the premises for industrial business and an ancillary dwelling
unit. The current approved floor area ensures the Entertainment and Dining Type 1 Food and
Beverage is subordinate to and associated with the industrial business on site.
The requested changes to the existing approval seek to ratify the existing uses operating on site.
The applicant request these changes can be undertaken as a’ minor change’ under the Planning
Act 2016.
The proposal includes a significant increase in floor area of the Entertainment and Dining use and
a significant reduction in industrial floor area and seeks approval for general functions, a children’s
play area and some extended trading hours.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Given the extent of changes, the proposal/development is considered to be operating more akin to
an Entertainment and Dining Business Type 3 – Bar (brewpub, hotel, or tavern). It is therefore
considered the development does not constitute a minor change as it is a substantially different
development to that approved.
The proposed Entertainment and Dining Business Type 3 - Bar/current operation is an inconsistent
use in the industrial zone which is of a scale not subordinate to the industrial business. The
Planning Scheme allows some non-industrial businesses to operate only when subordinate to the
industrial business on site or where not suited to a commercial zone. It is considered the
Entertainment and Dining Business is the primary use on site which is generally more suited to a
commercial zone. Furthermore, an Entertainment and Dining Business Type 3 use does not protect
industrial land for industrial uses.
The proposal is considered not to be a minor change and raises significant planning concerns and
is recommended to be refused.
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,
X
Design and Delivery
Page 59 of 72
Section 60
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
4 GAMBLING ALLIANCE REFORM GROUP
DOCUMENT INFORM AT ION
Author Chief Executive Officer, Brett de Chastel
CEO’s Office
Index ECM/ Subject/ Gambling
Attachments 1. Motion to LGAQ Annual Conference
EXECUTIVE SUMMARY
Nil
RECOMMENDATION
That Council note the report by the Chief Executive Officer to the Planning & Environment
Committee Meeting dated 11 December 2018 and:
A. Agree to join the Gambling Alliance Reform Group as Queensland’s first member Council of
that organisation; and
B. Subsequently write to other Queensland local governments inviting them to join the Gambling
Alliance Reform Group if they are supportive of the recently adopted LGAQ policy position
of defining electronic gaming machines as a land use, and permit planning schemes to
address both the land use as well as the social impacts of electronic gaming machines on
communities.
REPORT
1. Background
A recent issue of concern to Council has been the potential for an increase in electronic gaming
machines in our Shire with little to no opportunity for Council to appropriately and adequately
assess the social and economic impacts on its local community due to Council not having the
power to regulate gaming under its planning scheme.
The State government through the Office of Liquor and Gaming Regulation (OLGR) currently
regulates and controls electronic gaming machines (EGMs) in clubs and hotels in Queensland
under the Gaming Machine Act 1991. The objective of the Act is to ensure the integrity and fairness
of games, the probity of operators and the minimisation of potential harm.
There is also a Responsible Gambling Code of Practice originally developed by the State
government in May 2002 however has been updated over the years. Commitment to this code is
voluntary and it is designed to promote harm minimisation through the use of responsible gambling
practices.
Australian’s are losing $24 billion dollars a year on gambling that’s 40% more per capita than any
other nation on the planet and electronic gaming machines are responsible for about half of those
loses with an annual spend nationally of around $12 billion. (ABC, data derived from QLD State
Government Statisticians office)
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
In Queensland, the number of gaming machines increased from 20,888 in July 2004 to 24,583 in
July 2018. The amount of money lost by players of gaming machines has also increased during
this period from $68,520,536 to $93,725,270 (data provided by the Office of Liquor and Gaming
Regulation (OLGR)).
While electronic gaming machines have traditionally been regulated at a State level, the continued
increase in the number of gaming machines raises significant concerns at a local level.
Research suggests problem users are significantly more likely to experience depression as a result
of gambling, experience disruptions to family and social lives, have debts due to gambling and
experience disruptions to work and study. There is some evidence that gambling, especially on
poker and gaming machines has led to social problems in society, such as personal financial
pressures, emotional distress, domestic violence, employment difficulties, suicide and crime
(Productivity Commission, 1999).
As a result of those concerns, Council put forward a motion to the recent LGAQ State conference
as follows:
“That the Local Government Association of Queensland advocates to the Department of State
Development, Manufacturing, Infrastructure and Planning to amend planning legislation to define
electronic gaming machines as a land use and permit planning schemes to address both the land
use as well as the social impacts of electronic gaming machines on communities.”
A copy of Council’s motion is provided at Attachment 1 together with LGAQ’s commentary on the
matter.
Council’s motion was successful at the State conference and now forms part of the LGAQ policy
position. The Association will undertake lobbying of the State government in due course.
2. Joining the Gambling Alliance Reform Group
The Gambling Alliance Reform Group is a national advocacy organisation that works to prevent
and minimise harm from gambling. Their aim is to remove the shame that surrounds gambling
addiction, have the problem treated as a public health issue, and achieve the legislative changes
needed to protect communities. The Alliance is headed by Mr Tim Costello and is a broad coalition
of organisations that are working towards a similar goal. Membership consists a significant number
of New South Wales and Victorian local governments, churches and other community based
organisations who have concerns about the proliferation of poker machines and their impact on
community well-being.
More information about the Gambling Alliance Reform Group can be found on their website -
http://www.pokiesplayyou.org.au/about
There are a significant number of local governments from New South Wales and Victoria that are
members of the Gambling Alliance Reform Group. As yet, there are no member Councils from
Queensland. A list of current Alliance members and supporters can be found on their website:
http://www.pokiesplayyou.org.au/the_alliance
As a result of lobbying, local governments in some other States have achieved the outcome that
our Council is seeking to achieve in Queensland - namely, consideration of the number of poker
machines (and their social impact) as a town planning matter for local government.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
For example, in Victoria, planning legislation was changed to define electronic gaming machines
as a land use and therefore enable local planning schemes to regulate the land use and thus also
the socio economic impacts of gaming. In Victoria, electronic gaming machines have been
considered a land use for nearly 10 years. Planning schemes in that State can have local policies
and codes that quite rightly deal with the social and land use impacts of gaming machines within
the local context of each community. Most local governments in Victoria now require a full social
impact assessment on any new gaming facilities.
By joining the Gambling Alliance Reform Group, our Council will be able to access information from
a network of local governments who have successfully achieved legislative reform to enable
Councils to consider electronic gaming machine issues as part of their planning scheme
considerations.
It is also suggested that if we join this organisation, we encourage other like-minded Queensland
local governments to do so to gain a critical mass of Councils in Queensland who are willing to
push for legislative reform by the Queensland State government. Such an action will also support
the policy position and lobbying efforts of LGAQ.
Previous Council Consideration
Council originally considered this issue in relation to an application by Tewantin RSL for additional
poker machines as part of their original town planning conditions of approval. At that time, the
Council resolved to seek advice about its powers to regulate poker machine numbers via its
planning scheme provisions.
Ordinary Meeting, 19 July 2018, Item 5, Page 12
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 July 2018 and the Further Report to the General Committee dated
16 July 2018 regarding Application No. MCU16/0079.02 for a minor change to Development Permit
for Material Change of Use of Premises for extensions to RSL Club situated at 5 Memorial Avenue,
Tewantin, described as Lot 10 on SP 273411 and defer consideration to a future Council meeting
in order that the Council can obtain further advice in relation to its powers to regulate poker machine
numbers via its planning provisions and/or other regulatory instruments, and/or variations in terms
of fees and charges.
As Council received advice that it did not have the power to regulate poker machines under its
planning scheme, the Council resolved to take the issue to the LGAQ State conference and seek
legislative change from the State government to achieve that outcome.
Ordinary Meeting, 20 September 2018, Item 4, Page 13
That Council note the report by the Director Environment & Sustainable Development to the
Planning & Environment Committee Meeting dated 11 September 2018 and endorse the
submission of the following motion to the Local Government Queensland annual conference for
consideration and debate:
“That the Local Government Association of Queensland advocates to the Department of State
Development, Manufacturing, Infrastructure and Planning to amend planning legislation to define
electronic gaming machines as a land use and permit planning schemes to address both the land
use as well as the social impacts of electronic gaming machines on communities.”
Finance
There is no cost in joining the Gambling Alliance Reform Group. Members can choose to make a
donation if they wish but there are no joining fees or annual subscriptions.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Risks & Opportunities
Council currently has limited ability to regulate and assess the impact of electronic gaming
machines on our community at a local level. The authority sits with the State Government and
Council and the community are only afforded the opportunity to provide input into applications
made to the State Government for 20 or more EGMs if in a club and 10 or more if in a pub. This
situation creates a significant risk for local communities whereby incremental increase in EGMs
can occur without any public or Council input or consideration of the local context and potential
social harm.
By joining the Gambling Alliance Reform Group, Council will have an opportunity to tap into a
national organisation of like-minded Councils and organisations. Noosa Council’s leadership on
this issue demonstrated through its successful motion at the LGAQ conference may further
encourage other Queensland local governments to join the Alliance, with the hope that we can
create a critical mass that will have an impact on the State government as part of the lobbying
effort to be undertaken by LGAQ for legislative change to enable Council’s to consider the land
use and other impacts of electronic gaming via planning schemes.
Consultation
External Consultation - Community & Stakeholder
LGAQ in relation to our recent motion to the LGAQ State Conference
Internal Consultation
Mayor Wellington
Director Environment and Sustainable Development
Departments/Sections Consulted:
X Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director X Director Director
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
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ATTACHMENT 1
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ATTACHMENT 1
225
Social Policy
Submitting council / organisation
Noosa Shire Council
Date of council / organisation resolution | LGAQ Policy Executive district
24-08-2018 District 2 - SEQ Northern
Number and title 87. Planning Powers - Electronic Gaming Machines
of motion
That the Local Government Association of Queensland advocates to
the Department of State Development, Manufacturing, Infrastructure
and Planning to amend planning legislation to define electronic
gaming machines as a land use and permit planning schemes to
address both the land use as well as the social impacts of electronic
gaming machines on communities.
Background The basis of this motion is that local government should be able to
participate in determining the number of electronic gaming machines
(poker machines or “pokies”) in their local area, as occurs in other
states such as Victoria. The Office of Liquor and Gaming Regulation
(OLGR) currently regulates and controls gaming machines in clubs
and hotels in Queensland under the Gaming Machine Act 1991. The
objective of the Act is to ensure the integrity and fairness of games,
the probity of operators and the minimisation of potential harm.
There is also a Responsible Gambling Code of Practice developed by
the state in May 2002. This is a voluntary code designed to promote
harm minimisation through the use of responsible gambling
practices.
The OLGR regulates electronic gaming under the Gaming Machine Act
1991. This includes limiting licenses to hotels and clubs.
Nevertheless, in Queensland the number of gaming machines
increased from 20,888 in July 2004 to 24,583 in July 2018. The
amount of money lost by players of gaming machines has also
increased during this period from $68,520,536 to $93,725,270 (data
provided by the Office of Liquor and Gaming Regulation (OLGR)).
While electronic gaming machines have traditionally been regulated
at a State level, the continued increase in the number of gaming
machines also raises concerns at a local level. It may provide
entertainment that is perhaps harmless to some people, however, it
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
226
can also be a source of great distress for a significant minority with
wide-ranging impacts on local communities.
Research suggests problem users are significantly more likely to:
experience depression as a result of gambling; experience disruptions
to family and social lives; have debts due to gambling; and experience
disruptions to work and study. There is some evidence that gambling,
especially on poker and gaming machines has led to social problems
in society, such as personal financial pressures, emotional distress,
domestic violence, employment difficulties, suicide and crime
(Productivity Commission, 1999). Currently the only input Local
Governments and communities in Queensland have into gaming
machine control is by providing comment on applications to OLGR.
However, this is only for applications of 20 or more gaming machines.
Applications for less than 20 machines are not publicly notified for
comment and no social impact study is required of the applicant.
Comments provided to OLGR also appear to have little influence on
the outcome of the application.
In Victoria, planning legislation was changed to define electronic
gaming machines as a land use and therefore enable local planning
schemes to regulate the land use and thus also the socio economic
impacts of gaming. In Victoria, electronic gaming machines have
been considered a land use for nearly 10 years. Planning schemes in
that State can have local policies and codes that quite rightly deal with
the social and land use impacts of gaming machines within the local
context of each community. Most local governments in Victoria now
require a full social impact assessment on any new gaming facilities.
Electronic gaming machines is not currently defined by the Planning
Regulation 2077, but it is clearly a land use and one that can have
significant impacts on local communities. For this reason local
governments and their communities should be afforded greater
opportunities to influence and provide input into the location and
extent of electronic gaming machines at a local level.
What is’ the | Amend the Planning Regulation 2077 to include a land use definition
desired outcome | of electronic gaming machines which would permit local
sought? governments through planning schemes to address the real social
and land use impacts on local communities of electronic gaming
machines and so minimise the potential harm associated with
gambling.
LGAQ comment | The request to include ‘electronic gaming machines’ as a land use in
the planning framework, has not previously been raised at a LGAQ
Annual Conference and there is no specific LGAQ policy position in
relation to this matter.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
227
However, in relation to gaming more generally the 2016 LGAQ Policy
Statement identifies:
e 7.4.3.1 Local government will work with the Office of Liquor and
Gaming Regulation and Department of Justice and Attorney-
General to identity and mitigate the potential social impacts of
gaming on local communities within the licensing process.
e 7.4.3.2 Local government will recognise community and
council concerns regarding gaming premises in and around
socially sensitive locations in the community, and raise these
concerns with the State Government.
In relation to planning and development, the following extracts from
the 2016 LGAQ Policy Statement are also relevant:
e 6.1.1.1 Local government should be recognised as the sphere
of government immediately responsible for integrated land use
planning and management.
e 6.1.1.4 Local government opposes the devolution of land use
planning matters of State Interest to councils.
e 6.1.1.5 Local government opposes State Government land use
planning policy or intervention that inhibits local decision
making.
e 6.1.1.9 Local government supports the ability to clearly identify
uses appropriate to a particular area, including the ability to
prohibit certain types of development.
e 6.1.1.10 Local government supports the use of a standard
structure, definitions, codes and other components common to
all local planning instruments to improve consistency without
compromising the ability of local governments to respond to
local planning issues.
Queensland's planning system does not currently regard ‘electronic
gaming machines’ as a land use that local governments can regulate.
The regulation of gaming machines in Queensland is undertaken by
the Office of Liquor and Gaming Regulation in accordance with the
Gaming Machine Act 19917 and there is a state-wide cap on the total
number of gaming machines that can operate in Queensland's hotels
and clubs.
Under section 55C of the Gaming Machine Act 1997 all gaming
machine applications considered to be of ‘significant community
impact’ must be advertised for public comment for a period of 28
days. Applications of ‘significant community impact’ include:
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
228
e an application for a gaming machine licence, including an
application to grant a gaming machine licence in place of a
licence to be surrendered under section 95 of the Act
e anapplication for additional licensed premises
e an application to have the approved number of gaming
machines for licensed premises increased by a significant
number (to be fixed under a Regulation)
e another application that the Commissioner designates, by
written notice to the applicant, as an application of significant
community impact.
The Gaming Machine Regulation 2002 prescribes that a significant
number for an increase in gaming machines is considered to be —
(a) for category 1 licensed premises —10 or more; and
(b) for category 2 licensed premises—20 or more.
In these instances, local government (as a member of the public) may
make a submission to the Commissioner for Liquor and Gaming who
will give particular consideration to the following:
e how the licence will contribute to, or detract from, a sense of
community in the area
e the anticipated effect the licence may have on the social
integrity of the community
e how the licence may affect those visiting a place of worship,
child care centres, schools and community social services
e the effect the licence could have on the amenity or the
character of the locality
e the number of supportive comments and negative comments
- specific to gaming and the application - that are lodged.
Under section 55F of the Gaming Machine Act 1991, the
Commissioner may also invite representations on an application of
‘significant community impact’ from —
(a) the local government for the area in which the premises for
which the licence is sought are situated; and
(b) from any other entity that has, in the commissioner's opinion,
a proper interest in the matter.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
5 NOOSA FISHING FUTURES - A SUSTAINABLE FISHERIES DIRECTIONS PAPER
DOCUMENT INFORM AT ION
Author Manager Environmental Services, Craig Doolan
Environment and Sustainable Development Department
Index ECM/ Subject/Marine Life (Fishing)
Attachments Nil
EXECUTIVE SUMMARY
Not applicable
RECOMMENDATION
That Council note the report by the Environmental Services Manager to the Planning &
Environment Committee Meeting dated 11 December 2018, and agree to the preparation of a
Noosa Fishing Futures research-based directions paper, subject to availability of funding, with the
primary objective of long term sustainable fisheries management of the Noosa River, estuaries and
beaches.
REPORT
Feedback to the Draft Noosa River Plan, released for public comment in August 2018, and other
local feedback over a long period of time, has raised concerns over declines in fish stocks in the
Noosa River, estuaries and coastal areas. In 2015 Council funded a research paper by Dr Ruth
Thurstan of the University of Queensland. Entitled Historical ecology of the Noosa Estuary
fisheries, it used historical, scientific and anecdotal evidence to confirm a decline in fish stocks in
the river across the twentieth century.
Council has previously provided submissions to the current State government fisheries reform
process (the Green Paper) aimed at addressing these concerns, and these were reinforced in the
draft Noosa River Plan. These reforms are progressing and the State will be seeking input into the
draft Harvest Strategies for relevant local fisheries in early 2019.
The new Noosa Environment Strategy and Noosa River Plan will be finalised in early 2019 which
will provide a platform to make a clear statement about Council’s future fisheries management
intent. They will also prioritise actions over future years for funding and implementation.
In order for Council to make informed decisions about the sustainable management of fisheries in
Noosa, inform and finalise the Draft Noosa River Plan and Environment Strategy, and continue to
provide robust and evidence-based input into the State Government fisheries reform process early
in 2019, it is proposed to undertake a research, options and cost benefit directions paper.
Council has been briefed at a high level on the range of issues and various fisheries management
considerations for Noosa, as well as identification of gaps in information and data on fisheries.
A Noosa Fishing Futures - Sustainable Fisheries Directions Paper will;
Undertake a detailed local stakeholder analysis, and engagement plan;
Identify, collate and analyse what information is currently known about commercial and
recreational fishing activity in the Noosa;
Identify gaps in information and source data to fill those gaps that are important to informed
decision making in the future;
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Undertake a technical and scientific analysis including impacts and benefits of sustainable
fisheries management in other QLD locations to inform potential options;
Explore the potential options available to Council to achieve a sustainable fisheries
management goal;
Provide a cost/benefit analysis on the different options with regard to the environmental,
social and economic benefit and impacts and short, medium and long term considerations of
each; and
Provide an implementation program and way forward including stakeholder engagement.
The paper would form the basis of community and stakeholder consultation on the future of
sustainable fisheries in the Noosa.
Previous Council Consideration
There has been no specific previous Council consideration on an options paper for sustainable
fisheries management. Previous consideration had been given to the issues related to fishing
through input to the State government’s fisheries reform process.
Ordinary Meeting, 23 October 2014, Item 5, Page 9
That Council note the report by the Director Planning & Infrastructure to the General Committee
Meeting dated 20 October 2014 with regard to the Queensland Fisheries Management Review and
resolve to:
A. Make a submission to the Department of Agriculture, Fisheries and Forestry in accordance
with Attachment 1 to the report; and
B. Request the Department of Agriculture, Fisheries and Forestry to close the Noosa North
Shore to commercial fisheries operations to allow the fishery resources to renew.
Council’s submission highlighted concerns about commercial and recreational fishery on the
Noosa North Shore and requested the State to:
Review the compatibility of commercial fishing uses and other recreational uses on the
Noosa North Shore;
Close the Noosa North Shore to commercial fishing by establishing a ‘Recreational Fishing
Haven’ to exclude commercial fishing but allow recreational fishing;
Consider introducing Recreational Fishing Permits;
Consider buying back those Commercial Fishery Licenses operating from the Noosa North
Shore and not re-issuing any existing licences due for expiry; and
Consider how Council could partner with the State to ensure smooth implementation of these
recommendations.
Ordinary Meeting, 24 September 2015, Item 10, Page 9
That Council note the report by the Environment Officer (Rivers and Coast) to the Planning &
Organisation Committee Meeting dated 15 September 2015 regarding the Queensland Fisheries
Management Review and request the CEO to arrange a meeting between the Minister for
Agriculture and Fisheries, the Mayor and Cr Pardon to discuss the content of Council’s submission
and the recommendations made within that submission.
On 15 September 2015 a report was presented to Council’s Planning & Organisation Committee
providing an overview of the MRAG review and the recommendations within their ‘Taking Stock …
modernising fisheries management in Queensland’ report; and seeking Council’s preferred way
forward regarding the level of future involvement in fisheries management locally.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Key recommendations of the ‘Taking Stock …’ report include:
Separating the Qld fisheries decision making process;
Establishment of Fishery Councils;
Categorisation of fish stocks into three ‘tiers’;
Harvest strategies for all fisheries; and
Monitoring information collection & assessment.
Ordinary Meeting, 15 September 2016, Item 1, Page 13
That Council note the report by the Environment Officer (Rivers and Coast) to the Planning &
Environment Committee Meeting dated 6 September 2016 and the further report to the Ordinary
Meeting dated 15 September 2016 regarding the release of the Green Paper on Fisheries
Management Reform in Queensland and agree to make a submission to the Green Paper as
follows:
A. Note that Noosa Council is not opposed to commercial or recreational fishing per se, but
rather, wants to ensure that such activities can be carried out in a genuinely sustainable
fashion for the benefit of future generations; and
B. Council supports overall ecosystem based management and locality-based fisheries
councils; and
C. Council supports the target of a minimum 60% unfished populations; and
D. Council requests that ecological risk assessments be prioritised both on fisheries at highest
risk and ecosystems of conservation value; and
E. Council supports the encouragement of indigenous input into decision making processes;
and
F. Council believes that more resources need to be applied to fishing management across
Queensland and that consideration may be given to a user pays model; and
G. With consideration of historical fisheries research by Dr Ruth H Thurston, ongoing empirical
research by the University of the Sunshine Coast, and anecdotal evidence, Noosa Council
has concerns regarding the impact of current and historical fishing activities on the marine
biodiversity and abundance in the Noosa estuary and river system as well as the surrounding
ocean beaches; and
H. Considering the current research projects in the Noosa River system and nearshore
environment, Noosa Council aims to be a pilot program for ecosystem based management
as a demonstration of best practice; and
I. Council has particular concerns regarding the impact of the licensed mullet fishing activities
on Teewah Beach (Noosa North Shore) with regards to by-catch, wastage and also mullet
being targeted whilst gravid specifically for their roe; and
J. Council requests that the Department of Agriculture & Fisheries give consideration to
reducing commercial netting on Teewah Beach between the Noosa River mouth and Double
Island Point by way of declaring a net free zone and/or a buy-back of commercial fishery
licenses and/or not re-issuing any licenses due for expiry and Council would commit to
working in partnership with the State Government on a process to achieve this outcome
including community and industry engagement and consideration of resource commitments;
and
K. Council requests that the Department of Agriculture & Fisheries give consideration to the
overall sustainability of fishing and prawning in the Noosa estuary and river system, on the
understanding that current research and projects such as Noosa Biosphere Reserve
Foundation's Bring Fish Life Back are attempting to both reinstate marine biodiversity and
also monitor that biodiversity; and
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
L. That Council has particular concerns for the potential environmental impact of prawn beam
trawling in the Noosa River system and therefore requests that the Department of Agriculture
& Fisheries give consideration to whether prawn beam trawling is having an adverse impact
on the marine environment in the Noosa River, particularly the river floor and seagrass beds,
thus adversely impacting on overall biodiversity, and further consider whether appropriate
licenses should be bought back or at least not renewed; and
M. Council requests that the Department of Agriculture & Fisheries give consideration to one or
more total fishing exclusion zones at specific sites to allow replenishment of overall
biodiversity and Council would commit to working in partnership with the State Government
on a process to achieve this outcome including community and industry engagement plus
consultation with appropriate researchers; and
N. Council requests the Department of Agriculture & Fisheries give consideration to the
reduction in bag limits for recreational fishing.
Finance
There is currently no budget allocation for the development of a Sustainable Fisheries
Management Issues and Cost Benefit Paper within current budgets. Given the specialised nature
of this issue, especially with regard to complex multi-agency management options, external
expertise will be required to assist in the development of the paper.
Given the desire to have the paper completed to support development of the Noosa River Plan
and to advance discussions with the State government around their fisheries reforms in early 2019,
there is some priority to complete this work this financial year. It is estimated the consultancy cost
of undertaking this work will be approximately $30-50,000. An Outside of Budget Funding Request
will be submitted to the Executive team for consideration. If endorsed by Council, a full scope of
this work will be prepared and tested with experts to refine the cost.
Risks & Opportunities
The opportunity for Council to provide clear and evidence-based input into the current State
Fisheries reform process, and specifically the proposed Harvest Strategies being developed and
consulted on in early 2019, is now. The development of a Fisheries Future Paper will inform the
final Noosa River Plan and Environment Strategy.
It will be important to ensure adequate and appropriate engagement with stakeholders occurs on
the implementation actions resulting from this piece of work.
Consultation
External Consultation - Community & Stakeholder
Nil. Council can use this paper as the basis for more specific stakeholder consultation on the
subject matter.
Internal Consultation
Director, Environment & Sustainable Development
Councillors
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 DECEMBER 2018
Departments/Sections Consulted:
x Chief Executive Officer Community Services x Corporate Services
Executive Officer Director x Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director x Director Director
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 72 of 72