Skip to the record
Noosa's #1 Council Tracker.

Council archive · source document

Original Application Part 2 - Town Planning Report [As Published] · 132008.1787

of 36

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

TOWN PLANNING REPORT


MATERIAL CHANGE OF USE –
  VISITOR ACCOMMODATION TYPE 4 CONVENTIONAL
  RETAIL BUSINESS TYPE 2 SHOP & SALON
  ENTERTAINMENT AND DINING BUSINESS TYPE 1 FOOD &
   BEVERAGES




Client:                        Seahaven Development Pty Ltd

Address:                       9 – 21 Hastings Street, Noosa Heads

Lot Description:               Lots 4 and 5 on RP893438, Lots 4-11, 14-17,
                               22-24 & common property on BUP4864, Lots
                               28-39 and common property on SP103607 and
                               Lot 12 on RP908660

Level of Assessment: Impact

080439T                                                                     October 2008
Prepared by:
Ken Hicks & Associates Pty Ltd
Town Planners | Consulting Surveyors | Urban Designers | Project Managers
PO Box 6380, MAROOCHYDORE BC QLD 4558
P 07 5443 2844 | F 07 5443 7146
Full text of the other 35 pages

Page 2

Ken Hicks & Associates                                                                                                        September 2008




TABLE OF CONTENTS
EXECUTIVE SUMMARY .......................................................................................................................... ii
1.0     INTRODUCTION .......................................................................................................................1
2.0     SUBJECT PROPERTY AND SURROUNDING AREA ........................................................................2
  2.1 Property Location and Details ....................................................................................................2
  2.2 Surrounding Land Uses .............................................................................................................2
3.0     PROPOSED DEVELOPMENT .......................................................................................................4
  3.1 Description of the Proposal .......................................................................................................4
  3.2 Supporting Documentation ........................................................................................................5
4.0     SOUTH EAST QUEENSLAND REGIONAL PLAN .............................................................................7
5.0     THE NOOSA PLAN ....................................................................................................................8
  5.1 Interpretation ...........................................................................................................................8
  5.2 Noosa Heads Locality ................................................................................................................8
    5.2.1   Level of Assessment .........................................................................................................9
    5.2.2   Overall outcomes for the Noosa Heads Locality ..................................................................9
  5.3 Codes .................................................................................................................................... 10
    5.3.1   Noosa Heads Locality Code ............................................................................................. 10
    5.3.2   Residential Uses Code ..................................................................................................... 20
    5.3.3   Visitor Accommodation Code ........................................................................................... 23
    5.3.4   Business Uses Code ........................................................................................................ 25
    5.3.5   Landscaping Code .......................................................................................................... 28
    5.3.6   Engineering Works Codes ............................................................................................... 29
6.0     REFERRAL AGENCY – ENVIRONMENTAL PROTECTION AGENCY ................................................ 31
7.0     TOWN PLANNING GROUNDS................................................................................................... 32
8.0     CONCLUSION ......................................................................................................................... 33


ATTACHMENTS

Attachment A – Architectural Proposal Plans
Attachment B – Architectural Statement
Attachment C – Plan of Original Site Contour Levels
Attachment D – Landscape Concept Plan
Attachment E – Landscape Design Rationale & Vegetation Report
Attachment F – Landscape Code Assessment
Attachment G – Stormwater Management Plan
Attachment H – Traffic Impact Assessment




Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                                        Page i
9 - 21 Hastings Street, Noosa Heads

Page 3

Ken Hicks & Associates                                                                               September 2008




EXECUTIVE SUMMARY
Address                                 9 – 21 Hastings Street, Noosa Heads


Property Description                    Lots 4 and 5 on RP893438
                                        Lots 4-11, 14-17, 22-24 & common property on BUP4864
                                        Lots 28-39 & common property on SP103607
                                        Lot 12 on RP908660

Site Area                               4,722m2


Current Land Use                        Seahaven Resort (residential units), shops, restaurants and office.


Registered Owner                        SMJ Nominees Pty Limited
                                        Effie Holdings Properties Pty Ltd
                                        Hamernail Pty Ltd
                                        The Body Corporate for Carters Seahaven CTS 10326

Applicant                               Seahaven Development Pty Ltd
                                        C/- Scott Sobey
                                        Ken Hicks & Associates
                                        Ph: 07 5443 2844

Proposal                                Material Change of Use –
                                        Visitor accommodation Type 4 Conventional
                                        Retail business Type 2 Shop & salon
                                        Entertainment and dining business Type 1 Food and beverages

Level of Assessment                     Impact Assessable


Local Authority                         Sunshine Coast Regional Council


Planning Scheme                         The Noosa Plan


Locality                                Noosa Heads


Zoning                                  Visitor Mixed Use (Zone Map ZM6)


Overlays                                Natural Hazards: Bushfire & Acid Sulfate Soils – High potential acid
                                        sulfate soils area

State Government Referral               Environmental Protection Agency (Coastal Management District)
Agencies

South-East Queensland                   Urban Footprint
Regional Plan designation




Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages            Page ii
9 - 21 Hastings Street, Noosa Heads

Page 4

Ken Hicks & Associates                                                                                       September 2008




1.0 INTRODUCTION
This assessment report is intended to accompany a development application (Material Change of Use)
prepared by Ken Hicks & Associates for and on behalf of Seahaven Development Pty Ltd. The
application is to be assessed under the provisions of The Noosa Plan (planning scheme for the Noosa
area).

The application seeks Council‘s approval for a Material Change of Use (Development Permit) for Visitor
accommodation Type 4 Conventional, Retail business Type 2 Shop & salon, and Entertainment and dining
business Type 1 Food and beverages on land situated at 9-21 Hastings Street, Noosa Heads. The site is
described as Lot 12 on RP908660, Lots 4 and 5 on RP893438, Lots 4-11, 14-17, 22-24 and common
property on BUP4864, and Lots 28-39 and common property on SP103607. The property is within the
Noosa Heads Locality, and the Visitor Mixed Use Zone under the provisions of The Noosa Plan.

The purpose of this report is to describe the site, its existing and proposed uses and to address the
relevant town planning matters with respect to the proposal. This report should be read in conjunction
with the accompanying covering letter, IDAS Development Application Forms, and supporting plans and
documentation.

The location of the subject site is shown in Figure 1, below.




                                                                SUBJECT
                                                                  SITE




          Figure 1 - Subject site location                                              Source:www.google.com.au/maps




Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                      Page 1
9 - 21 Hastings Street, Noosa Heads

Page 5

Ken Hicks & Associates                                                                               September 2008




2.0 SUBJECT PROPERTY AND SURROUNDING AREA
2.1 Property Location and Details
The property is located at 9 – 21 Hastings Street, Noosa Heads and is described as Lots 4 and 5 on
RP893438, Lots 4-11, 14-17 & 22-24 and common property on BUP4864, Lots 28-39 and common
property on SP103607 and Lot 12 on RP908660 . The land has a total area of 4,722m2. The site, which is
located on the northern (or beach) side of Hastings Street, has a frontage of approximately 95 metres to
the street. As indicated by the lot description the site currently comprises numerous parcels, which will be
amalgamated into one parcel as part of the proposed development (we note that amalgamation is exempt
development under the Integrated Planning Act and does not require any development approval). The
land is also subject to various easements for access and services which will be extinguished as part of the
development.

The site is currently occupied by the ‗Seahaven Resort‘, a holiday unit development constructed in three
stages throughout the 1980‘s and 1990‘s. The 3 separate unit complexes comprise a total of 48 one and
two bedroom units. The site also accommodates 9 ground floor retail tenancies including 2 restaurants, in
addition to 3 upper level retail tenancies. The existing complex is serviced by basement parking areas that
can accommodate 70 vehicles.

The existing buildings on the site will be removed to make way for the proposed development.

The land is basically flat and contains no significant vegetation for the purposes of this assessment. The
site is also connected to all necessary urban infrastructure (water, sewer, electricity, telephone and
broadband internet) to a capacity that is adequate for the proposed development.

Under the Noosa Plan, the subject site is located within the Visitor Mixed Use Zone, with the surrounding
Hastings Street area comprising a range of commercial, recreational, entertainment and accommodation
uses.



2.2 Surrounding Land Uses
As mentioned above, the subject site is located within the Visitor Mixed Use Zone, with the surrounding
Hastings Street area comprising a range of commercial, recreational, entertainment and accommodation
uses.

No issues should arise in terms of the compatibility to surrounding uses, due to the consistent nature of
the proposal with the surrounding development and precinct. It is considered that the quality of the
proposed development will enhance the amenity of the Hastings Street area, both through an improved
built form, provision of new retail and restaurant space with active street frontage and creation of a new
public access walkway through the new site connecting Hastings Street to the beach.

Figures 2 and 3 show photographs of the site from Hastings Street and the Parade (beach front).




Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages           Page 2
9 - 21 Hastings Street, Noosa Heads

Page 6

Ken Hicks & Associates                                                                               September 2008




                     Figure 2 - Subject site viewed from Hastings Street looking north-east




                          Figure 3 - Subject site viewed from The Parade (beach front)




Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages           Page 3
9 - 21 Hastings Street, Noosa Heads

Page 7

Ken Hicks & Associates                                                                               September 2008




3.0 PROPOSED DEVELOPMENT
3.1 Description of the Proposal
The application seeks a Development Permit for a Material Change of Use for the following uses, as
defined under the Noosa Plan:

                            Visitor accommodation Type 4 conventional;
                            Retail business Type 2 Shop & salon; and
                            Entertainment and dining business Type 1 Food & beverages

The existing mixed use development on the site will be removed to make way for the proposal. Essentially
the new development will also be a mixed use proposal, incorporating holiday dwelling units and a variety
of shops and restaurants. The proposed development is illustrated by the architectural proposal plans
included as Attachment A to this report. The proposal plans are summarised in the following table:

Drawing Number                           Description
SK1000                                   Site Location
SK1001                                   Context
SK1002                                   Existing Seahaven Site Condition
SK1003                                   Regional Context
SK1004                                   Concept Reference
SK2000                                   Plan – Basement & Retail
SK2001                                   Plan – Ground Floor & Pool Deck
SK2002                                   Plan – Level 01 Residence
SK2003                                   Plan – Level 01 Residence
SK2004                                   Plan – Roof Terrace
SK3000                                   Elevation – North & South
SK3001                                   Elevation – East & West
SK3100                                   Section – 01 & 02
SK3101                                   Section – 03 & 04
SK4000                                   Site Cover
SK4001                                   Soft Landscape – Deep Planting
SK4002                                   Soft Landscape - Podium
SK4003                                   Gross Floor Area
SK4004                                   Gross Floor Area – Basement & Retail
SK4005                                   Gross Floor Area – Ground Floor
SK4006                                   Gross Floor Area – Level 01
SK4007                                   Gross Floor Area – Level 02
SK4008                                   Retail Total Use for Carparking
SK5000                                   Form Study 01
SK 5001                                  Form Study 02

The proposed development will incorporate twenty (20) self-contained 3 - 4 bedroom visitor
accommodation units in a 3- 4 storey building with a basement for car parking and ancillary facilities. The
development will also incorporate tenancies for shops and restaurants at ground level. The development
has been designed with an active street front at ground level with the buildings above ground level
presenting as 3 smaller separate buildings, each with curved roof forms. Ancillary resort facilities are
provided for the visitor accommodation units including a ground level guest lounge opening to the resort
pool and beach frontage, communal roof terrace, room service and valet carparking. The design provides
for significant variation and articulation in built form and includes a variety of different building elements
including masonry/stone brickwork, fixed laminated vertical timber screens, lightweight timber screens
(both fixed and retractable), concrete facade planters, glass panel balustrades, bronze coloured metal


Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages           Page 4
9 - 21 Hastings Street, Noosa Heads

Page 8

Ken Hicks & Associates                                                                               September 2008


roofing and expressed box gutters with overflow sprouts.                    The key development parameters of the
proposal are summarised in the following table:

Development Parameter                                            Proposal
Population Density                                               66 persons
Site Cover                                                       45%
Total Gross Floor Area (GFA)                                     5,216m2
Residential/resort Gross Floor Area (GFA)                        4,375m2
Commercial Gross Floor Area (GFA)                                759m2 (14.5% of total)
Ancillary/services Gross Floor Area (GFA)                        82m2
Building Height                                                  Max 15m or less
Hastings Street Setback                                          7m
The Parade (beach front)                                         13m
Side Setbacks                                                    4.686m (east) and 5.2m (west)
Internal Setbacks                                                Average 8.4m
Landscaping                                                      2,970m2
Car Parking                                                      70 spaces total
Bicycle Parking                                                  10 spaces

As part of the development, a formalised pedestrian link is proposed (to the west of the buildings)
between the site‘s street frontage and the beach to the rear of the site.

The proposed dwelling units will incorporate cutting-edge internal design elements, features/appliances,
and includes sustainable building design and technologies. This development will provide a diversified
visitor accommodation to Hastings Street and result in an exciting multi-use development befitting of its
prime beachside location. The architectural design indicates a quality of building that will maximise use
and appreciation of the site‘s natural attributes, whilst still maintaining a tastefulness and consistency in
respect of the existing built environment of Hastings Street. The proposed building will enhance the
amenity of the surrounding area, both in the building‘s appearance and the provision of a range of retail
and dining opportunities for tourists and local residents alike.



3.2 Supporting Documentation
In order to provide a detailed and comprehensive development application, the applicant has assembled a
design team of professionals – each with a specific role in documentation/reporting for the proposal. In
this regard (and aside from the Architectural Plans included as Attachment A), the supporting
documentation for the proposal is explained below.


Architectural Design Statement

An architectural design statement describing the design outcome and sustainable building approach is
included as Attachment B.

Plan of Original Site Contour Levels

A plan of original site contours has been prepared by Statewide Survey Group and included as
Attachment C. This plan establishes the contour levels of the site prior to the existing development for
the purposes of establishing natural ground surface as defined by the Noosa Plan and has been used for
building design and height assessment.




Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages           Page 5
9 - 21 Hastings Street, Noosa Heads

Page 9

Ken Hicks & Associates                                                                               September 2008


Landscape Concept Plan

A Landscape Concept Plan for the proposed development has been prepared by LandGraphics, and is
included as Attachment D.       This plan includes a Masterplan outlining the approach to landscape
provision together with a concept plan visualising the vision and treatment of hard and soft landscape
elements.

Landscape Design Rationale & Vegetation Report

Landscape Consultants LandGraphics have prepared a Landscape Design Rationale & Vegetation Report
for the site and proposed development. The purpose of this report, which is included as Attachment E, is
to inform the proposed landscape design of the Seahaven Development.

This Report details the approach to landscape provision and provides an assessment of all existing trees
over the site and immediate frontages, and assigns to them a classification of ‗retain‘ or ‗remove‘ in the
development. Many of the species to be removed are non-endemic (mostly North Qld) or exotic. There are
also some species which are regarded as weeds which are to be removed.

Replacement trees to the site‘s Hastings Street frontage will be selected from Council‘s list of preferred
street trees. Street trees will be included generally as indicated on the landscape concept plan (subject to
Operational Works – Landscape approval).

Landscape Code Assessment

An assessment against the specific outcomes of the Landscape Code is included as Attachment F.

Stormwater Management Plan

A Stormwater Management Plan has been prepared for the proposed development by Construction
Hydraulic – Building Service Engineers. This plan is included as Attachment G and demonstrates that the
site can be adequately drained and connected to existing drainage infrastructure.

Traffic Impact Assessment

A Traffic Impact Assessment has been prepared by Cardno Eppell Olsen and included as Attachment H.
This report provides an assessment of existing traffic conditions, impacts of traffic generated for the
proposal compared to existing conditions; access to the proposed site; future on-street conditions; internal
traffic arrangement (carpark layout); service vehicle arrangements; parking provisions and impacts of the
proposal on pedestrian, cycling and public transport.

The report concludes that the proposal will result in reduced traffic and parking demand; provides a
sufficient and appropriate level of retails visitor, staff and resident parking within the context of Hastings
Street; provides a safe, accessible parking provision and is acceptable in terms of its effects on traffic.




Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages           Page 6
9 - 21 Hastings Street, Noosa Heads

Page 10

Ken Hicks & Associates                                                                               September 2008


4.0 SOUTH EAST QUEENSLAND REGIONAL PLAN
As shown on Figure 4 below, the site is included within the ‗Urban Footprint‘ under the South-East
Queensland Regional Plan (SEQRP). As stated in the SEQRP document, the Urban Footprint identifies land
to provide for the region‘s urban development needs to 2026. The Urban Footprint focuses urban growth
in areas that:
                      Are well located with respect to existing and planned urban infrastructure, activity
                         centres and services;
                      Promote cohesive communities which support a wide range of services and
                         facilities;
                      Provide opportunity for redevelopment and infill in existing urban areas;
                      Are an orderly extension of existing urban areas or support existing centres,
                         including the region‘s smaller townships; and
                      Have access to existing or planned employment centres.

By its nature the proposed mixed use development consolidates these provisions and reinforces the site‘s
prime urban/coastal location with an outcome that offers a range of urban activities. The proposal is thus
fully compliant with the SEQRP.




     Figure 4 – Extract from SEQRP




Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages           Page 7
9 - 21 Hastings Street, Noosa Heads

Page 11

Ken Hicks & Associates                                                                               September 2008




5.0 THE NOOSA PLAN
The development proposal is to be assessed against the provisions of the planning scheme for the Noosa
area – commonly known as ‗The Noosa Plan‘. The following section of this report undertakes an
assessment of the proposed development against the most relevant provisions of The Noosa Plan.



5.1 Interpretation
Section 2.11 of the Noosa Plan outlines the defined uses and use classes applicable to the development of
land within the Shire. The proposed uses in this development are:

                            Visitor accommodation Type 4 conventional;
                            Retail business Type 2 Shop & salon; and
                            Entertainment and dining business Type 1 Food & beverages

These uses are defined as follows:

Visitor accommodation Type 4 conventional:
Two or more dwelling units or accommodation units, for the purpose of providing short-term visitor
accommodation. The use may include common recreation or dining facilities and includes an ancillary
dwelling unit for onsite manager. The use includes a guesthouse, visitor hostel, motel, resort and serviced
rooms, but does not include Visitor accommodation Type 1 Home hosted or Type 3 Rural as separately
defined.

Retail business Type 2 Shop & salon:
The use of premises for an activity that is generally found in a shopping complex, strip or centre. The use
includes a shop, hairdressing salon, appliance repairs, alterations, dry cleaning and a café with dining
facilities for up to 10 people.

Entertainment and dining business Type 1 Food & beverages:
The use of premises involving the sale of food and beverages for consumption on the premises. The use
class includes a function room or restaurant or café with dining facilities for 10 or more people.

Comment: The proposed mixed use development incorporating visitor accommodation units, shops and
restaurants is consistent with the above use definitions. No uses considered to be outside these definitions
are proposed to occur on the site.



5.2 Noosa Heads Locality
Part 9 of the Noosa Plan and in particular Zone Map ZM6 identifies the subject site within the Visitor Mixed
Use Zone of the Noosa Heads Locality.

The site is on the Overlay Maps and is subject to High Potential Acid Sulfate Soils. An assessment of the
overlay designation is provided below:




Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages           Page 8
9 - 21 Hastings Street, Noosa Heads

Page 12

Ken Hicks & Associates                                                                                          September 2008


Overlay Map Assessment

Overlay Map                                                            Assessment
                                                                       The site is located within the ‗High Potential Acid
                                                                       Sulfate Area 0-5m AHD‘.

                                                                       The development does not require excavation or
                                                                       filling to an extent that would trigger referral of
                                                                       the application to the Department of Natural
                                                                       Resources and Water.

                                                                       Previous development history of beach side
                                                                       Hastings Street properties suggests that Acid
                                                                       Sulfate Soil will not be encountered. An Acid
                                                                       Sulfate soils report will be undertaken prior to
                                                                       commencement of any new building works.
                                                                       Due to the existing building form and difficulty
                                                                       of achieving suitable access to undertake a
                                                                       compliant Acid Sulfate Soil test, this report
                                                                       cannot be completed until after building
                                                                       demolition.     An appropriate condition can be
                                                                       applied in this regard.




5.2.1 Level of Assessment

Under the assessment table for the Visitor Mixed Use Zone in the Noosa Heads Locality, the proposed uses
of Visitor accommodation Type 4 Conventional, Retail business Type 2 Shop & salon, and Entertainment
and dining business Type 1 Food and beverages are identified as consistent uses subject to Impact
Assessment.


5.2.2 Overall outcomes for the Noosa Heads Locality

The following table undertakes an assessment of the proposed development against the applicable Overall
Outcomes of the Noosa Heads Locality relevant to the proposal.

Overall Outcome                                                      Proposal
a) New uses and works are located, designed and managed to—          The proposal will be compatible with other uses along
    i.    be compatible with other uses and works;                   Hastings Street, and will enhance the existing amenity by
    ii. maintain the safety of people and works;                     providing an improved mixed use development outcome.
    iii. avoid significant adverse impacts on the amenity            Subject to the implementation of an approved construction
          enjoyed by users of other premises, including acoustic     Management Plan, it is anticipated that the development will
          and visual qualities; and                                  avoid any adverse effect on the environment.
    iv. avoid significant adverse effects on the natural
          environment;

b)   Noosa Heads remains a primary focus for               Visitor   The proposal consolidates this desired outcome by providing
     accommodation and associated services in the Shire;             20 visitor accommodation units, with associated services,
                                                                     restaurants and shopping facilities in an integrated



Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                         Page 9
9 - 21 Hastings Street, Noosa Heads

Page 13

Ken Hicks & Associates                                                                                                 September 2008

                                                                         development.

c)   Hastings Street‘s character of low rise buildings, vibrant          The development precisely achieves this outcome, by
     streetscape, mix of indoor and outdoor activities, diverse          providing a mix of shopping and restaurants at street level,
     dining opportunities, specialty Retail businesses and               fostering an active street frontage. A pedestrian link
     pedestrian links to Main Beach is maintained;                       between Hastings Street and the beach is proposed at the
                                                                         western end of the site.


For the Visitor Mixed Use Zone — development —                           The proposed development:
     i)      comprises small business outlets with individual                    Will provide retail outlets of a scale that will allow
             character ahead of larger premises accommodating                     small businesses to trade from;
             nationally branded outlets;                                         Comprises a varied structural form that has
     ii) comprises residential development that includes a                        appropriate setbacks from the beach and street,
             mixture of building sizes and are designed for Visitor               and a landscaping theme consistent with the
             accommodation, are setback from the street and beach                 existing street character.
             frontages and have a landscaped character consistent                Will promote residential amenity through a
             with the street landscaping themes;                                  modern, cutting-edge design, with a landscaping
     iii) contributes to a high level of residential amenity, design              theme to match. Site safety will be achieved
             quality, landscape quality and safety;                               primarily through the levels of visibility that will be
     iv) respects the scale and character of the streetscape and                  achieved through the site;
             surrounding development;                                            The proposed development will be consistent with
     v)       enhances      the     traditional  focus  for   Visitor             the scale of surrounding development and
             accommodation in the coastal part of the Shire;                      streetscape;
      vi) incorporates Entertainment and dining businesses, Retail               Consolidates the site‘s location as a visitor
            businesses and Commercial businesses that are of                      destination by providing 20 visitor accommodation
            particular interest to visitors;                                      units, with associated services and shopping
     vii) contributes to the economy of the Shire through the                     facilities in an integrated development;
            tourism and hospitality sectors; and                                 Will provide a range of tenancies for restaurants
      viii) integrates with nearby public recreation and landscaped               and shops to establish within;
            carparking areas;                                                    Will contribute to the local economy and provide
                                                                                  employment for locals;
                                                                                 Will effectively integrate with nearby public
                                                                                  spaces through pedestrian links and a compatible
                                                                                  landscaping scheme.


5.3 Codes
The proposal has been assessed against the following codes:

          Noosa Heads Locality Code;
          Residential Use Code;
          Visitor Accommodation Code;
          Business Use Code;
          Landscaping Code; and
          Engineering Works Code.

These codes are addressed below:

5.3.1 Noosa Heads Locality Code
Specific Outcomes and Probable Solutions for the Noosa Heads Locality.
Table 9.11
              Specific Outcomes                              Probable solutions                               Proposal

9.9 Effects of use
Amenity
O1 Uses are located, designed and operated           No solution provided.                    Complies – The proposed uses
to avoid significant adverse changes to the                                                   impacts will be consistent with the
light, air quality, noise, accessibility, or other                                            existing development on the site.
conditions enjoyed by users of associated,                                                    Potential impacts in the construction
adjoining or nearby uses.                                                                     phase will be managed through
                                                                                              implementation    of   an   approved
                                                                                              Construction Management Plan.
Major road network
O2 The visual amenity and character                  No solution provided.                    N/A - The proposal is not located on
surrounding the major road network, including                                                 the major road network.
Sunshine Beach Road (David Low Way),



Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                               Page 10
9 - 21 Hastings Street, Noosa Heads

Page 14

Ken Hicks & Associates                                                                                       September 2008

             Specific Outcomes                           Probable solutions                          Proposal

Eenie Creek Road, Noosa Drive and Noosa
Parade, is protected and enhances the
entrances to Noosa Heads through—
a)     retaining and enhancing the visual and
       physical separation of Noosa Heads
       from neighbouring localities;
b)     ensuring future development does not
       encroach upon existing vegetation
       within the road reserve; and
c)     utilising dense landscaping and earth
       mounding (rather than fencing and
       walls) for visual screening and noise
       attenuation;
AND

O3 Development generates traffic demands                                              Complies – traffic demands generated
that are consistent with the future capacity of                                       from the development are consistent
the road network.                                                                     with the future capacity of the road
                                                                                      network. Notably, the traffic scale and
                                                                                      impact will be less than that of the
                                                                                      existing situation. Refer Traffic Impact
                                                                                      Assessment Report (Attachment D)
Scenic vistas
O4 Aesthetic and cultural values of the natural   No solution provided.               Complies – The natural scenic vistas
landscape are maintained through protecting                                           into and through the site will be
important scenic vistas—                                                              maintained,    and    even enhanced
a)     from the streets, beaches and other                                            through the built form separation
       public spaces;                                                                 proposed in the design.
b)     to the ocean, river, coastal lowlands
       and the vegetated backdrop of Noosa
       Hill;
c)     within Little Cove– vistas over Laguna
       Bay and to the Noosa National Park
       and the vegetation stands, part of the
       hills and sand dunes;
d)     within Cooloola and Weyba Park
       Estates– the scenic view of Noosa
       National Park and Weyba Creek; and
e)     within Noosa Sound– vistas across
       Noosa River.
Mobile business uses
O5 Business Uses located within the road          No solution provided.               N/A
reserve or on the beach (particularly in the
vicinity of Hastings Street, Noosa Main Beach
and Noosa National Park) offer goods and
services that directly benefit visitors and
complement the range of visitor experiences
available in the locality, such as mobile food
vendors and learn to surf classes.
9.10 Built form
Density
O6 The density of development within the site     No solution provided                Complies     –    The    density   of
area—                                                                                 development    is   compatible   with
a)      is compatible with surrounding                                                surrounding development.
        development;
b)      does not exceed—                                                              The maximum allowable density for the
            i.     for the Semi-Attached                                              site is 132 persons. The proposed
                   Housing Zone:                                                      density is 66 persons.           This
for sites between 500m2 and 599m2 inclusive                                           development density is a reduction to
— 4.8 persons per hectare;                                                            that currently existing on site.
for sites 600m2 or more — 6.6 persons or 100
persons per hectare;                                                                  Development form is consistent with
            ii.    for the Attached Housing                                           the existing site modifications and
                   Zone—a maximum population                                          impact     on    the natural    site
                   density of 160 persons per                                         characteristics.
                   hectare, with the following
                   exceptions:-
                A. Lots 55-61 on RP90598 and
                    Lots 81-85 on RP92518 at
                    the corner of Noosa Drive
                    and Grant Street where the


Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                     Page 11
9 - 21 Hastings Street, Noosa Heads

Page 15

Ken Hicks & Associates                                                                                              September 2008

            Specific Outcomes                             Probable solutions                               Proposal

                 allowable population density
                 is 320 persons per hectare
                 exclusively for the use of a
                 visitor hostel; and
           B. Lot 4 on SP 100064 in
                 Serenity Close, where the
                 allowable population density
                 is 250 persons per hectare
           C. Lot 110 on Plan
                 98016L19.DGW-RevA being
                 the Viridian Noosa Resort in
                 Viewland Drive where the
                 allowable population density
                 is 100 persons per hectare
                 exclusively for the use of
                 Visitor accommodation
                 Type 4
           iii. Business Centre Zone—a
                 maximum population density
                 of 100 persons per hectare;
                 and
           iv. Visitor Mixed Use Zone—a
                 maximum population density
                 of 280 persons per hectare;
                 and
c)    has a low site impact to enhance the
      opportunity to maintain natural site
      characteristics, including native
      vegetation and natural landforms.
Height
O7 Buildings and other structures—                S7.1 Buildings and other structures       Complies – The proposal results in a
a)   present a building height consistent         do not exceed a maximum building          building    height    consistent   with
     with structures on adjoining and             height of—                                structures on adjoining and surrounding
     surrounding land;                            b)      for the Business Centre Zone–     land.
                                                          12m; or
b)    do not exceed a maximum building            c)      for the Visitor Mixed Use         The proposal does not exceed a height
      height of—                                          Zone—                             of 2 storeys/6m within 7m of the
         i      For the Business Centre                 i.     Northern side of Hastings    Hastings street alignment or a
                Zone– 3 storeys; or                            Street—                      maximum of 4 storeys/15m for the
         ii     For the Visitor Mixed Use                      A.    within 7m of the       balance of the site with a 3 storey/12m
                Zone—                                                Hastings St            presentation to the beach.
             A.     Northern side of Hastings                        alignment – 6m;
                    Street—                                    B.    balance area of site   The development will not visually
                     within 7m of the                               – 15m with a 12m       dominate the street or surrounding
                         Hastings St alignment                       presentation to the    spaces; will preserve the amenity of
                         – 2 storeys; or                             beach; or              surrounding land; respects the scale of
                     balance area of site –           ii.     Southern side of Hastings    surrounding vegetation; and responds
                         4 storeys with a 3                    Street—                      to the existing site modification and
                         storey presentation to                A.    within 10m of the      topography.
                         the beach; or                               Hastings St or
             B.     Southern side of Hastings                        Noosa Drive            Retention of existing trees along the
                        Street—                                      alignments – 6m;       beach foreshore adjacent to the site will
                     within 10m of the                        B.    balance area of site   ensure the existing mature vegetated
                         Hastings St or Noosa                        – 15m; or              skyline is maintained.
                         Drive alignments– 2      d)      for Attached Housing Zone—
                         storeys; or                      12m with the exception of Lot
                     balance area of site –              4 on SP 100064 in Serenity
                         4 storeys; or                    Close, where a maximum
         iii    For Attached Housing Zone —               height of 15m is permitted; or
                3 storeys with the exception      e)      for any other zone— 8m;
                of Lot 4 on SP 100064 in
                Serenity Close, where a
                maximum height of 4 storeys
                is permitted; or
         iv     For any other zone— 2
                storeys;
c)    do not visually dominate the street or
      surrounding spaces;
d)    preserve the amenity of surrounding
      land;


Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                            Page 12
9 - 21 Hastings Street, Noosa Heads

Page 16

Ken Hicks & Associates                                                                                          September 2008

             Specific Outcomes                           Probable solutions                            Proposal

e)     respect the scale of surrounding
       vegetation;
f)     respond to the topography of the site
       by minimising cut and fill (eg. stepping
       down the site or using a suspended
       pole construction); and
g)     maintain a mature vegetated skyline.
Setbacks
O8 Buildings and other structures are             S8.1       Buildings and structures   Complies – The setbacks for the
appropriately designed and sited to—              comply with the minimum setbacks      Visitor Mixed Use Zone on the northern
a)     provide amenity for users of the           identified in Schedule 1 Minimum      side of Hastings street are as follows:
       premises as well as preserve the visual    Boundary Setbacks.                    a) 2m, average of 4m from the front
       and acoustic amenity of adjoining and                                            boundary to Hastings Street for the
       nearby properties;                                                               ground floor and 2nd storey;
b)     preserve any existing vegetation that                                            b) 7m from the front boundary to
       will buffer the proposed building;                                               Hastings Street above the 2nd storey;
c)     allow for landscaping to be provided                                             and
       between buildings;                                                               c) 10m from the front boundary to The
d)     maintain the visual continuity and                                               Parade (Beach).
       pattern of buildings and landscape
       elements within the street;                                                      The development will comply with all of
e)     protect public safety and property                                               the abovementioned setbacks, with the
       within erosion prone areas by ensuring                                           exception     of  allowable     eaves
       such areas are maintained largely free                                           encroachment into the 7m Hastings
       of development; and                                                              Street setback.
f)     protect the natural character and visual
       amenity of coastal areas and                                                     Alternative Solution – side boundary
       watercourses.                                                                    setbacks      specified   for     Visitor
                                                                                        Accommodation Type 4 Conventional
                                                                                        are half the building height in metres.
                                                                                        The building varies between about 10m
                                                                                        to 12m in height along the eastern
                                                                                        boundary and about 9.5m to 13m along
                                                                                        the western boundary.        This would
                                                                                        require side setbacks from 5 - 6m along
                                                                                        the eastern boundary and 4.5 – 6.5m
                                                                                        along the western boundary.

                                                                                        Existing side setbacks vary from 1.8m
                                                                                        to 3m along the eastern boundary and
                                                                                        0m for the 2 storey commercial to 3m
                                                                                        for the residential along the western
                                                                                        boundary. The proposed side boundary
                                                                                        setbacks are 4.686m along the eastern
                                                                                        boundary and 5.2m along the western
                                                                                        boundary. Minor intrusions such as
                                                                                        eaves and screening devices occur
                                                                                        along parts of the building into these
                                                                                        setbacks. The proposed setbacks will
                                                                                        therefore result in a significant
                                                                                        improvement to the existing situation.
                                                                                        The proposed setbacks are not a
                                                                                        substantial departure from S8.1,
                                                                                        particularly given that reduced side
                                                                                        setbacks generally apply to nearly all
                                                                                        developments in the street. As
                                                                                        demonstrated by the proposal plans the
                                                                                        proposed setbacks are substantially
                                                                                        greater than the setbacks of the
                                                                                        adjoining developments. The resulting
                                                                                        space between buildings is consistent
                                                                                        with the existing character of the street
                                                                                        and will ensure an acceptable
                                                                                        development form and outcome is
                                                                                        achieved.    The proposal meets the
                                                                                        intent of Specific Outcome O8.
Site cover, gross floor area and plot ratio
O9 The site cover, gross floor area and plot      No solution provided                  Complies – The scale of the building is
ratio of buildings and other roofed structures—                                         consistent with existing Hastings Street
a)      results in a building scale that is                                             development. The design of the


Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                        Page 13
9 - 21 Hastings Street, Noosa Heads

Page 17

Ken Hicks & Associates                                                                                        September 2008

             Specific Outcomes                         Probable solutions                            Proposal

       compatible with surrounding                                                    proposal    does    not     present    an
       development;                                                                   appearance of excessive bulk to
b)     does not present an appearance of                                              adjacent buildings and provides a
       excessive bulk to adjacent properties,                                         substantial reduction to the existing
       roads or other areas in the vicinity of                                        building    form    and      appearance.
       the site;                                                                      Vegetation is retained where suitable
c)     maximises the retention of existing                                            and appropriate and allowance for soft
       vegetation and allows for additional                                           landscaping is provided between
       soft landscaping between buildings;                                            buildings.    Removal      of    existing
d)     allows for adequate area at ground                                             vegetation is largely non-endemic or
       level for outdoor recreation,                                                  exotic species. The proposal actively
       entertainment, clothes drying and                                              engages the beach and Hastings street
       other site facilities; and                                                     on a ground floor level, provides area at
e)     facilitates onsite stormwater                                                  the beach frontage for outdoor
       management and vehicular access.                                               recreation, and facilitates adequate
                                                                                      vehicular access and stormwater
                                                                                      management.

O10 Site cover does not exceed—                                                       Complies – Allowable site cover is
a)    for the Detached Housing Zone—50%                                               45% or 2,125m2. Proposed site cover is
      for a single storey building and 40%                                            2,125m2.
      for a double storey building;
b)    for the Semi-attached Housing Zone–
      40%;
c)    for the Attached Housing Zone–40%;
      or
d)    for the Visitor Mixed Use Zone–45%;

O11 For Multiple Housing Type 2, buildings                                            N/A
have a maximum plot ratio of 0.45:1.

O12 For Multiple housing Type 3 or 4, Visitor                                         Complies - The maximum allowable
accommodation Type 4 and the                                                          GFA is 5,288m2. Proposed GFA is
accommodation unit component of an                                                    5,216m2.
Entertainment and dining business Type 3—
the maximum a gross floor area is equivalent
to the maximum allowable population in
persons multiplied by 40m2.

O13 For the Attached Housing Zone buildings
have a bulk and architectural scale that has a                                        N/A
maximum plot ratio of 0.5:1 up to 1.0ha of site
area and 0.3:1 for that part of the site area
above 1.0ha.

O14 For the Visitor Mixed Use Zone the
maximum a gross floor area is equivalent to                                           Complies- The maximum allowable
the maximum allowable population in persons                                           GFA is 5,288m2. Proposed GFA is
multiplied by 40m2, provided that gross floor                                         5,216m2.
area does not exceed a total of 13,600m 2.

O15 For the Neighbourhood Centre Zone and
the Business Centre Zone, the maximum plot                                            N/A
ratio does not exceed –
a)      0.8:1 for the first 2,000m2 of site area;
        plus
b)      0.3:1 for the balance of the site area in
        excess of 2,000m2.

O16 For the Detached house Zone and Semi-
attached Housing Zone—soft landscaping is                                             N/A
provided and retained over a minimum of
20% of the site area.




Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                      Page 14
9 - 21 Hastings Street, Noosa Heads

Page 18

Ken Hicks & Associates                                                                                            September 2008

             Specific Outcomes                            Probable solutions                             Proposal

Roof form
O17 Roof forms—                                   S17.1 The main roof of the building     Complies – The main roof line is a
a)    contribute positively to the local          has a roof pitch no less than 5         curved roof form and provides eaves
      skyline;                                    degrees and has roof forms         a    overhangs of a minimum 600mm wide.
b)    complement the character of the             minimum of 600mm wide;
      locality;                                   AND
c)    use soft and articulated, pitched,
      skillion or curved roof forms;              S17.2 Buildings and structures do       Alternative Solution – A roof top
d)    avoid low pitched (eg. less than 5          not include roof top terraces.          terrace is proposed in the development.
      degrees) or box profiles/parapets; and                                              The existing development comprises
e)    do not create opportunities for                                                     numerous private and a communal roof
      residents to overlook the private open                                              top terrace. The site‘s ideal location
      space areas of neighbouring properties.                                             fronting Laguna Bay warrants the
                                                                                          inclusion of a roof top terrace to
                                                                                          maximise occupant amenity and the
                                                                                          holidaying experience for visitors. The
                                                                                          roof top terrace will have negligible
                                                                                          impact and will comply with specific
                                                                                          outcome O17 in light of the following:
                                                                                               the roof top terrace has been
                                                                                                carefully integrated in the middle
                                                                                                of the site, having substantial
                                                                                                setbacks from front, rear and side
                                                                                                boundaries;
                                                                                               The roof terrace will not be
                                                                                                dominant when viewed from
                                                                                                surrounding vantage points;
                                                                                               The roof terrace structures are
                                                                                                below the maximum height limit
                                                                                                and provides a soft lightweight
                                                                                                retractable sky shade awning
                                                                                                cover with a curved form
                                                                                                consistent with the main roof
                                                                                                form;
                                                                                               The rooftop terrace is a character
                                                                                                and feature that is consistent with
                                                                                                the majority of beach side
                                                                                                buildings in Hastings Street; and
                                                                                               The roof top terrace has been
                                                                                                positioned so as to avoid
                                                                                                opportunities for overlooking the
                                                                                                private open space areas of
                                                                                                neighbouring properties.
Flooding and drainage
O18 Buildings and other works are designed        S18.1 Floor levels for habitable        N/A – The site is not subject to
and sited to—                                     rooms are not less than the specified   flooding, or a minimum floor level.
a)     provide flood free access to premises      minimum floor levels;
       and flood free habitable areas;            AND
b)     allow only minor, short term and           S18.2 Where Council infrastructure      Complies – The existing drainage
       infrequent flooding of non-habitable       is available—                           infrastructure will be adequate to
       areas;                                      a)      any drainage (from buildings   accommodate         the    proposed
c)     ensure drainage does not adversely                  and land) flows to that        development.         The stormwater
       impact upon other premises; and                     infrastructure; and            Management Plan (Attachment C)
d)     ensure filling or excavation does not       b)      the infrastructure has the     demonstrates the proposed drainage
       adversely impact upon other premises                capacity to accept any         solution.
       by—                                                 additional loading.
        i.      causing ponding of water on
                the site or nearby land;
        ii.     increasing flooding, which
                adversely affects the safety or
                use of any land upstream and
                downstream; and
        iii.    adversely affecting the flow of
                water in any overland flow
                path.

Sloping sites and ridgelines
O19 Development on sloping sites—                 S19.1     Buildings and associated      N/A - The site is not a sloping site.
a)   is responsive to the natural topography      accessways are not constructed on
     of the site and minimises cut and fill;      land with a slope greater than 25%


Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                          Page 15
9 - 21 Hastings Street, Noosa Heads

Page 19

Ken Hicks & Associates                                                                                              September 2008

             Specific Outcomes                             Probable solutions                              Proposal

b)     does not visually dominate the hill         (1 in 4);
       slope or interrupt the skyline;             AND
c)     is integrated with the natural site         S19.2 Buildings are of split level
       characteristics including vegetation;       design that step down the slope or
       and                                         have suspended floor construction;
d)     for Multiple housing, takes the form        AND
       of small separate buildings;                S19.3 Cut or fill is less than 1.2m in
                                                   depth;
                                                   AND
                                                   S19.4 The distance between the
                                                   ground and the lowest part of the
                                                   floor of the building does not exceed
                                                   3m;
                                                   AND
AND                                                S19.5 Buildings present no more
                                                   than 2 or 3 storeys at any one point.

O20 On steep slopes or ridgelines which are        S20.1 No solution provided               N/A - The site is not a sloping site.
visible from the major road network, areas of
public open space, the Noosa River or the
beaches—
a)      new buildings and structures including
        outbuildings, are designed so as not to
        dominate or detract from the scenic
        and environmental qualities of the site
        and its setting; and
b)      the external colour scheme of buildings
        is designed to blend with the natural
        elements of its surroundings.
Public transport node
O21 An accessible and safe public transport        S21.1 A public transport node is         Complies – The site will be serviced by
node is established and operated within            located within Noosa Heads as            the existing Hastings Street public
Noosa Heads that—                                  identified in Schedule 5 — Map 1.        transport service.
a)      links public transport services to other
        centres in the Shire and to key
        destinations outside the Shire; and
b)      forms part of an integrated transport
        network that is accessible via
        pedestrian and bicycle pathways.

9.11 Environment, Conservation and Recreation
Environmental      and    cultural    heritage
values                                             No solution provided                     Complies – The proposal will not have
O22 There are no significant adverse effects                                                any adverse effects on cultural or
on biodiversity, native vegetation, habitats,                                               environmental values.
landscape quality, water quality or cultural
heritage values, including those related to—
a)      changes to natural drainage;
b)      disturbance to any of the wetland
        systems;
c)      management of landslide and fire risk;
d)      erosion and the transport of sediments
        off site;
e)      unmanaged public access;
f)      changes to fauna habitat and
        behaviour; and
g)      disturbance of buildings and features,
        including natural features, of cultural
        heritage significance.
Open space network
O23 The integrated open space network is           S23.1 Open space corridors and           N/A – The site is not identified in
established, enhanced and protected                existing native vegetation in areas      Schedule 5 – Map 4 as being part of the
throughout the locality to—                        indicated in Schedule 5 – Map 4 are      Open Space Network.
a)      provide for both passive and active        protected from fragmentation and
        recreational pursuits;                     encroachment by development.             Nonetheless the development positively
b)      provide connectivity for pedestrians                                                contributes to the open space network
        and cyclists;                                                                       through the establishment of a new
c)      provide access to community uses and                                                public    access   pathway     between
        buildings, public open space and                                                    Hastings Street and the beach.
        recreation areas, the beaches, Noosa
        National Park and Noosa River;


Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                            Page 16
9 - 21 Hastings Street, Noosa Heads

Page 20

Ken Hicks & Associates                                                                                             September 2008

             Specific Outcomes                              Probable solutions                            Proposal

d)     provide habitat connectivity for wildlife;
e)     protect watercourses and drainage
       lines;
f)     protect vegetation on steep slopes; and
g)     form a scenic backdrop for residential
       development.
Pedestrian and bicycle pathways
O24 Safe and convenient pedestrian and              S24.1    Pedestrian    and    bicycle   Complies – While not required by
bicycle pathways are provided and retained          pathways are provided and retained      Schedule 5, the development proposes
between and around key destinations.                where indicated in Schedule 5 – Map     a formalised pedestrian link at the
                                                    2;                                      western side of the site between
                                                    AND                                     Hastings Street and the beach.

                                                    S24.2     Contributions toward a        Can comply – While the site is subject
                                                    Pathways Network are provided in        to pathway contributions under PSP20,
                                                    accordance with PSP20.                  we request that consideration be given
                                                                                            to the proposed pedestrian path
                                                                                            through site as constituting works in
                                                                                            lieu of payment
Recreational opportunities
O25 Key recreation focal points, including          No solution provided                    Complies – The proposal will not
Noosa National Park, Noosa River foreshore                                                  negatively affect any of the mentioned
and mouth, Noosa Main Beach and Lion’s                                                      recreational focal points.
Park are maintained without significant
changes to their landscape character,
including as a result of increased
infrastructure.



Specific Outcomes and Probable Solutions for the Visitor Mixed Use Zone
Table 9.15

              Specific Outcomes                               Probable solutions                             Proposal

9.23 Consistent uses
O46 The following defined uses and use
classes are consistent uses and are located in       No solution provided                      Complies – The proposed uses are
the Visitor Mixed Use Zone—                                                                    consistent within the Visitor Mixed Use
                                                                                               Zone.
a)    Commercial business;
b)    Entertainment and dining business Types
      1 or 2;
c)    Home-based business Type 1;
d)    Retail business Types 1 or 2;
e)    Education Type;
f)    Wellbeing Type 2;
g)    Transport Types 1 or 5;
h)    Ancillary dwelling unit;
i)    Multiple housing Types 2, 3, 4 or 5; and
j)    Visitor accommodation Types 2 or 4.
9.24 Inconsistent uses
O47 The following defined uses and use
classes are inconsistent uses and are not            No solution provided                      N/A - The proposed          uses   are
located in the Visitor Mixed Use Zone—                                                         consistent uses.

a)    All Agricultural Uses;
b)    Entertainment and dining business Type
      3;
c)    Home-based business Types 2 or 3;
d)    Industrial business;
e)    Retail business Types 3, 4 or 5;
f)    Education Types 1, 2 or 3;
g)    Emergency service;



Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                          Page 17
9 - 21 Hastings Street, Noosa Heads

Page 21

Ken Hicks & Associates                                                                                              September 2008

              Specific Outcomes                              Probable solutions                               Proposal

h)    Open space;
i)    Wellbeing Types 1, 3 or 4;
j)    Service and utility;
k)    Transport Types 2, 3, 4, 5 or 6;
l)    Detached house;
m)    Multiple housing Type 1; and
n)    Visitor accommodation Types 1 or 3
9.25 Effects of use
Character and amenity
O48 Hastings Street is predominantly                S48.1 The number of non residential         Alternative Solution – The proposed
residential in nature with non-residential uses     tenancies developed on a site does not      development will reflect the existing
limited to the ground floor.                        exceed    the   rate   of   1   per   20    mix of retail, with the existing upper
                                                    accommodation units or dwelling units;      level shops removed. All commercial
                                                    provided that non-Residential Uses          will be retained at ground level.
                                                    with a use area over 100m2 are              Existing development comprises 12
                                                    calculated as 2 tenancies.                  tenancies with the proposal also
                                                                                                including 12 tenancies.
O49 Mixed-use development, incorporating
                                                    S49.1 No development has a non-             Complies – the proposed commercial
Visitor accommodation, is designed and
                                                    Residential Use component of more           component has a GFA of less than 20%
operated to ensure Business Uses and
Community Uses do not have any adverse              than 20% of the gross floor area on         of the overall GFA - 759m2 (14.5%).
impact on the amenity enjoyed by residents and      the site;                                   This is a reduction of the existing
visitors, including impacts associated with—        AND                                         commercial that exceeds 900m2.
a)      visual and acoustic privacy;
b)      safety and security; and
c)      lighting;                                   S49.2 No single Business Use has a          Complies – No commercial tenancy
                                                    use area in excess of 300m2;                exceeds 300m2.
                                                    AND
                                                    S49.3     Business    deliveries are        To Comply – Business deliveries will
                                                    undertaken only between the hours of        only be undertaken between the hours
                                                    6am to 7pm;                                 of 6am & 7pm.
                                                    AND
AND                                                 S49.4 Business Uses operate only            To Comply - Business uses will not
                                                    between the hours of 7am and 9pm            operate outside the hours of 7am and
                                                    with the exception of Entertainment         9pm,     with   the    exception     of
                                                    and dining business, which may              Entertainment and dining businesses.
                                                    operate until 2am.
                                                    AND
O50 The character and amenity of the street is      S50.1 Residential Uses are located          Complies – the residential uses are
protected through—                                  above the ground floor level.               located on the upper floors.
a)     a single access point to the
       development;                                                                             The proposal includes a single
b)     dense street planting and a variety of                                                   vehicular access, street planting
       alfresco dining and sitting areas serving                                                opportunity, small separate building
       as local meeting places;                                                                 forms rather than a large single bulking
c)     small separate buildings, rather than                                                    building, with ground level uses
       large single bulking buildings; and                                                      providing active shop fronts.
d)     uses on the ground floor level being
       Business Uses such as shops, cafes,
       restaurants that create active building
       fronts, with accommodation units
       located above.
Entertainment and dining business uses
O51 Entertainment and dining business uses          S51.1 Entertainment and dining              Complies – all restaurant uses will be
are designed to avoid:-                             business uses do not include drive-         for on-site dining only.
creating excessive traffic or amenity impacts on    through facilities for purchasing food or
Hastings Street; or                                 alcohol.
interrupting the pedestrian flow along footpaths.
Pedestrian      connectivity       and    scenic
amenity
O52 Vistas from Hastings Street to the beach        S52.1 No solution provided                  Complies – While no visitas from
are protected and enhanced;                                                                     Hastings Street to the beach currently
AND                                                                                             exist, the proposal results in the
                                                                                                creation of new vista opportunities.

O53 Pedestrian links from Hastings Street to        S53.1 No solution provided                  Complies – While no pedestrian link
the beach, adjacent parkland, national park,                                                    currently exists, a pedestrian link will
foreshores, reserves and residential                                                            be created at the western side of the
neighbourhoods are enhanced;


Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                            Page 18
9 - 21 Hastings Street, Noosa Heads

Page 22

Ken Hicks & Associates                                                                                          September 2008

             Specific Outcomes                             Probable solutions                             Proposal

AND                                                                                         site between Hastings Street and the
                                                                                            beach, fostering visual permeability
                                                                                            and easy access.

O54 Fences between buildings and the beach         S54.1 Fences between buildings and       Complies – the beach front will
are designed and sited to be sympathetic with      the beach—                               largely be unfenced. Fencing will be
the scenic amenity of the beachfront and do not    are no more than 1.2m in height;         provided for security and will comprise
degrade the beachfront character.                  are of open construction (at least 50%   a combination of glass pool fencing,
                                                   transparent); incorporate lightweight    1.2m high and 1.8m high generally
                                                   materials; and                           open construction.     The 1.8m high
                                                   incorporate dark colours to blend with   fencing is only proposed for a small
                                                   the natural landscape.                   section near the proposed public
                                                                                            walkway for privacy and security
                                                                                            purposes.
Visitor accommodation Type 4
O55 Lot 7 on RP802632 being the Noosa              No solution provided.                    N/A
Sheraton Resort in Hastings Street is
developed and maintained for Visitor
accommodation Type 4 and offers associated
Business Uses.
9.26 Built form
Streetscape character
O57 Development—                                   S57.1 Ground floor uses have at least    Complies – The ground floor
a)    respects and complements the existing        50% transparent glazing to shopfronts    commercial tenancies will incorporate a
      neighbourhood character;                     to create active street fronts.          minimum 50% transparent glazing.
b)    addresses the street and contributes
      positively to the streetscape;
c)    incorporates attractive and
      contemporary designs;
d)    contributes positively to the skyline with
      pitched roofs;
e)    provides variation and vitality in setback
      alignment;
f)    incorporates outdoor dining or
      landscaped areas;
g)    includes covered pedestrian entrances to
      premises;
h)    varies in line and plane;
i)    employs landscape designs in front
      building setback areas and footpath
      areas that are in character with existing
      streetscape themes;
j)    provides for a variety of balconies,
      verandas, railing treatment and awnings
      but with limited covering of pedestrian
      areas;
k)    uses a variety of building materials to
      add to the diversity and visual interest
      within the streetscape; and
l)    provides separate entrances for
      Business Uses and Residential Uses
      within the one building.
Carparking and access                              S58.1 and S59.1 and S60.1
O98 On-site covered and open carpark areas         Parking spaces are located such that—
are generally screened from the street to avoid    a)     open carparking spaces are        Complies – The parking area will be
visually dominating the streetscape and                   concealed from the Hastings       concealed from Hastings Street
detracting from the pedestrian orientated                 Street and Noosa Drive
character of Hastings Street;                             frontages;
AND                                                b)     a single ingress or egress        Complies – a single entry and exit is
O99 Hastings Street is maintained as a narrow                point is provided for all      provided.
traffic way, whilst allowing for parking and              carparking;
loading of vehicles on the street;                 c)     a 6m landscaped setback is        Complies – a landscaped setback is
AND                                                       provided between the parking      not applicable.
O59 On site covered carparking areas are
                                                          spaces and the road reserve;
accessible to residents, customers, staff and
                                                          and
visitors during business hours.
                                                   d)     they are accessible to patrons    Complies – The parking area will be
                                                          and staff during business hours   accessible during business hours.
                                                          with security gating only
                                                          activated for Commercial
                                                          Uses outside of business hours.


Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                       Page 19
9 - 21 Hastings Street, Noosa Heads

Page 23

Ken Hicks & Associates                                                                                              September 2008




5.3.2 Residential Uses Code

Table 14.21

 Column 1                                                  Column 2                                       Column 3
 Specific Outcomes                                     Probable solutions                                 Proposal
                                                       (Code Assessable)
 14.52 Effects of Use
 Electricity supply infrastructure
 O1 The development does not adverselyS1.1 No solution provided                            Complies – The site currently has
 impact on existing or future electricity
                                      S2.1 Development for uses adjacent to                adequate      electricity   supply     and
 supply infrastructure;               or within 50m of an existing electricity             connections to cater for the proposed
 AND                                  substation         incorporates      noise           development. It is proposed that the
 O2 All uses and works maintain an    attenuation measures to mitigate noise               existing transformer situated on the site
 adequate safe distance from electrical
                                      impacts;                                             be relocated, subject to approval from
 infrastructure    including substations,
                                      AND                                                  ENERGEX. The relocation of the
 overhead powerlines, power poles and S2.2 Buildings and structures (including             transformer will be subject to Energex
 transformers.                        swimming pools, sheds, tennis courts or              construction standards and access
                                      outbuildings) are not constructed under              requirements. This may require future
                                      overhead electricity transmission lines,             amendments to the existing street
                                      or within electricity easements;                     frontage works. The relocation of the
                                      AND                                                  transformer is seen as a positive
                                      S2.3 A minimum separation distance is                contribution to the street as it is
                                      maintained       from     the    electricity         currently highly visible, detracting from
                                      transmission line to the closest boundary            the overall street amenity. The site is not
                                      of habitable buildings and child activity            located within 50m of an electricity
                                      areas, as follows—                                   substation or under overhead electricity
                                      a) 20m for transmission lines up to                  transmission lines or within electricity
                                           132kV;                                          easements.
                                      b) 30m for transmission lines between
                                           133kV and 275kV; and
                                      c) 40m for transmission lines greater
                                           than 275kV.
 14.53 Environmentally Sustainable Building Design
 Hot Water Systems
 O3 Hot water systems are installed and      S3.1 All hot water systems installed          To Comply – The proposal will include
 operated to support the efficient use of    are—                                          hot water systems as prescribed by the
 natural   resources     and     minimise    a) solar systems; or electric heat            applicable probable solution.
 consequent     pollution     such     as        pump systems; or
 greenhouse gas emissions.                   b) natural gas or
                                             c) LPG systems; or
                                             d) any combination of a), b) or c).
 Water supply and conservation
 O4 On-site water storage is designed        S4.1 & S5.1 For a Class 1 building17          N/A – The site is located within a
 and operated to support the efficient use   other than a Detached House or                reticulated water service area.
 of water;                                   Multiple Housing Type 1 Relative or
 AND                                         Employee, where located outside a
                                             reticulated water service area, a
 O5 On-site water storage is adequate        rainwater tank is to be installed with the
 for occupants every day use and fire        following minimum storage capacities—
 fighting purposes.                          a) Where no more than 3 bedrooms –
                                                   45,000 litres; or
                                             b) Where more than 3 bedrooms –
                                                   60,000 litres;
                                                   AND
                                                    There is on the lot a dam,
                                                   swimming pool or water tank
                                                   accessible for use by the fire
                                                   brigade that contains at least 5,000
                                                   litres of water.

                                             Advisory note
                                             The 5,000 litres required in S4.1 & S5.1
                                             can be included within the water
                                             required in a) & b) providing it is
                                             accessible for the purpose of fire fighting
                                             at all times and not used for other
                                             domestic purposes.


Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                            Page 20
9 - 21 Hastings Street, Noosa Heads

Page 24

Ken Hicks & Associates                                                                                             September 2008

 Column 1                                                  Column 2                                      Column 3
 Specific Outcomes                                     Probable solutions                                Proposal
                                                       (Code Assessable)
 Erosion and sediment control                                                             To Comply – A detailed erosion and
 O6 Development does not cause erosion       No solution provided.                        sediment control plan will be prepared
 or result in transport of sediments off-    Advisory Note                                for approval as part of the operational
 site.                                       Persons     undertaking    development,      works stage. This plan will form part of
                                             including building work, are required        an overall Construction management
                                             under the Environmental Protection           Plan.
                                             (Water) Policy 1997 (EPP) to ensure that
                                             sediment and other material including
                                             building waste, sawdust, concrete,
                                             cement or paint are not deposited or
                                             released into a roadside gutter,
                                             stormwater drain or waterway, or into a
                                             place where it could reasonably be
                                             expected to move or be washed into a
                                             roadside gutter, stormwater drain or
                                             waterway and are not washed from the
                                             site.   Council enforces the EPP and
                                             penalties may apply.
 14.54 Amenity and Built form
 Safety and security
 O7 For Multiple Housing Types 2, 3          S7.1 The building entrance is clearly        N/A – The proposed use is Visitor
 and 4, buildings and outdoor spaces are     identifiable and visible from the street,    Accommodation Type 4.
 designed to protect the personal security   footpath and driveway;
 and safety of residents by allowing for     AND
 natural surveillance
                                             S7.2 The internal path network has
                                             clear sightlines to the dwelling entry and
                                             street access points;
                                             AND

                                             S7.3 Visitors have direct access to the
                                             entrance without passing through private
                                             outdoor living areas.
 Emergency access                                                                         N/A – The proposed use is Visitor
 O8 For Multiple housing Type 3, 4 &         No solution provided                         Accommodation Type 4.
 5, site design and layout ensures
 efficient access   and  egress   for
 emergency vehicles
 Basement drainage                                                                        Complies – The basement parking area
 O9 Buildings and access works are           S9.1    Enclosed car parking and             will gravity drain.    The stormwater
 designed and sited to protect persons       manoeuvring areas are constructed at a       management plan (Attachment C)
 and property in the event of a flood and    level that permits the parking area to       demonstrates this drainage ability.
 power failure.                              drain from the site by gravity means,
                                             without the need for mechanical
                                             pumping.
 Separation of incompatible uses                                                          Complies – All bedroom windows are
 10 Development is designed to minimise                                                   more than 3 metres away from
 noise carrying between dwelling units or    S10.1 Bedroom windows are at least           driveways or carparking areas of
 accommodation units by locating noise       3m away from shared driveways or             adjacent units.
 sensitive spaces such as bedrooms away      carparking areas of adjacent dwelling
 from noise generating areas of the          units or accommodation units.
 development, such as carparking areas
 or mechanic plant and equipment or
 recreational facilities.
 Mechanical plant & equipment
 O11 Mechanical plant and equipment          S11.1 Mechanical plant and equipment,        Complies – The majority of plant and
 associated with Residential Uses are        including pool and spa pumps, pool           equipment will be contained in
 designed and located so as not have an      heaters, air-conditioning units and          designated areas at basement level and
 adverse impact on the visual amenity of     refrigeration units are—                     will be housed in rooms. Same plant will
 the site or surrounding areas.              a) where located at ground level,            be located at roof level and which will be
                                                   screened by fencing 1.5m in height     integrated in the roof design so that it is
                                                   or dense vegetation of at least        not visible from the street or adjoining
                                                   1.5m in width incorporating            properties.
                                                   grouped trees and shrubs with
                                                   maximum separation distance of
                                                   1m measured from the centre of
                                                   the plant; and
                                             b) for Multiple housing Type 2, 3 &
                                                   4 are visually integrated into the


Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                           Page 21
9 - 21 Hastings Street, Noosa Heads

Page 25

Ken Hicks & Associates                                                                                       September 2008

 Column 1                                                    Column 2                                 Column 3
 Specific Outcomes                                      Probable solutions                            Proposal
                                                        (Code Assessable)
                                                  line and plane of the building and
                                                  roof design and do not project
                                                  beyond the height or width of the
                                                  building when viewed from the
                                                  street and adjoining properties.
 Ancillary recreation uses
 O12 Ancillary recreation uses, such as      S12.1 If the use involves ancillary use      N/A
 outdoor tennis courts and half netball      of outdoor courts including tennis courts,
 courts, do not have an adverse effect on    half courts and netball courts—the use
 the amenity enjoyed by users of             complies with the requirements in
 adjacent or nearby premises.                Section 2 of PSP8 Tennis and Other
                                             Courts.
 Privacy
 O13 For Multiple Housing Types 2, 3         S13.1 Transparent doors and windows          N/A – The proposed use is Visitor
 and 4, building and structures are          are designed and located so they do not      Accommodation Type 4.
 designed and sited to ensure the visual     directly face transparent doors or
 privacy of residents of the development     windows or the private open space areas
 and     neighbouring     properties  is     of other dwelling units within 10 metres;
 protected.                                  AND

 Figure 14.2 Privacy Measures                S13.2 Planter boxes, louvre screens,
                                             pergolas, landscaping and architectural
                                             design of balconies are used to screen
                                             the ground floor private open space of
                                             dwelling units or accommodation units
                                             from upper level units (refer to Figure
                                             14.2 Privacy Measures which illustrates
                                             how trees, awnings, screens, fences and
                                             planter boxes reduce minimise the ability
                                             to directly look into neighbouring homes
                                             and yards).




 Access to Sunlight
 O14 For Multiple housing, buildings         S14.1 Development does not reduce            N/A – The proposed use is Visitor
 and structures are designed and sited so    sunlight to at least 50% of the private      Accommodation Type 4.
 as not to unreasonably diminish the         open space areas of any adjoining
 existing sunlight to adjoining residences   residences to less to than 2 hours
 and associated private open space           between 9am and 3pm on any day of
 areas;                                      the year;
 AND                                         OR

                                             S14.2 Where overshadowing by existing
                                             structures and fences occurs to more
                                             than 50% of the private open space
                                             areas of any adjoining residences,
                                             sunlight is not further reduced by more
                                             than 20%.
                                             (See     Figure     14.3—     Preventing
                                             overshadowing)

                                             Figure14.3—Preventing
                                             overshadowing




                                             PLAN – ILLUSTRATES DWELLINGS THAT
                                             ARE SITED TO MAXIMISE SOLAR
                                             ACCESS

Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                   Page 22
9 - 21 Hastings Street, Noosa Heads

Page 26

Ken Hicks & Associates                                                                                               September 2008

 Column 1                                                  Column 2                                        Column 3
 Specific Outcomes                                     Probable solutions                                  Proposal
                                                       (Code Assessable)




                                             ELEVATION – ILLUSTRATES BUILDINGS
                                             THAT ARE SITED TO MAXIMISE SOLAR
                                             ACESS TO ADJOINING PROPERTIES
                                             THROUGH ROOF DESIGN AND UPPER
                                             STOREY POSITIONING TO MINIMISE
                                             IMPACTS ON PROPERTIES O THE
                                             SOUTH.




                                             DETAILED   ELEVATION     –   THE
                                             MEASUREMENT AT ―*‖ IS 50% OF THE
                                             WIDTH OF THE SOUTHERN PROPERTY.
                                             IT‘S NOT AFFECTED BY SHADOWS
                                             FROM THE NORTHERN NEIGHBOUR,
                                             EVEN IN THE MIDDLE OF WINTER
 O15 Multiple housing is designed and        WHEN THE SUN IS LOW.
 sited to minimise the extent of shadows
 cast on solar photovoltaic cells on roofs   S15.1 No solution provided
 of adjoining buildings.
 Sloping sites
 O16 On sloping sites, buildings and         S16.1 Buildings      and    structures   on    N/A - The site is not a sloping site.
 structures are designed to maximise the     sloping sites—
 use of the natural topography and           a)   Have a maximum distance of 3m
 minimise the need for cut and fill.              between the ground and the lowest
                                                  part of the floor of the building or
                                                  the building incorporates undercroft
                                                  skirting or screening (eg. timber
                                                  battens) to the full height of any
                                                  undercroft area higher than 3m
                                                  above ground level at the perimeter
                                                  of the building;
                                             b)   are of split level design that step
                                                  down the slope or have suspended
                                                  floor construction;
                                             c)   limit the amount of cut or fill to less
                                                  than 2m in depth relative to natural
                                                  ground level; and
                                             d)   do not result in the spread of fill
                                                  beyond the footprint of the building
                                                  and associated batters.



5.3.3 Visitor Accommodation Code

Table 14-31 – All Visitor Accommodation
             Specific Outcomes                             Probable Solutions                                  Proposal

14.82 Effects of use
Electricity infrastructure
O1 The development does not adversely impact      S1.1 No solution provided                    Complies – It is proposed that the
on existing or future electricity supply                                                       existing transformer situated on the site
infrastructure;                                   S2.1 Development for uses adjacent           be relocated, subject to approval from
                                                  to or within 50m of an existing              ENERGEX. The relocation of the
                                                  electricity substation incorporates          transformer will be subject to Energex
AND                                               noise     attenuation   measures to          construction standards and access
                                                  mitigate noise impacts; and                  requirements. This may require future
                                                                                               amendments to the existing street
O2 All uses and works maintain an adequate


Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                             Page 23
9 - 21 Hastings Street, Noosa Heads

Page 27

Ken Hicks & Associates                                                                                                   September 2008

              Specific Outcomes                                 Probable Solutions                                Proposal

safe distance from electrical infrastructure           S2.2       Buildings and structures         frontage works. The relocation of the
including substations, overhead powerlines,            (including swimming pools, sheds,           transformer is seen as a positive
power poles and transformers.                          tennis courts and outbuildings) are not     contribution to the street as it is
                                                       constructed under overhead electricity      currently highly visible, detracting from
                                                       transmission lines, or within electricity   the overall street amenity. As such the
                                                       easements.                                  development will not negatively impact
                                                                                                   on existing electrical infrastructure. The
                                                                                                   site is not within 50m of an electricity
                                                                                                   substation or under overhead electricity
                                                                                                   transmission lines or within electricity
                                                                                                   easements.
Siting
O3 Visitor Accommodation provides access               No solution provided                        Complies – The site is in immediate
to valued features, facilities or attractions of the                                               vicinity to Hastings street, Noosa‘s Main
Shire including—                                                                                   Beach, and also close to the Noosa
a) the beach;                                                                                      River Mouth, and the National Park.
b) other natural features;                                                                         The proposal also incorporates a new
c) visitor attractions and services;                                                               pedestrian walkway connecting Hasting
d) town or village centres; or                                                                     Street to the beach.
e) the Noosa Trail Network.
Scale
O4 Visitor accommodation is at a scale and             No solution provided                        Complies – The development is of a
nature complementary and respectful to its                                                         scale consistent with the existing
surroundings and does not unduly impact on                                                         character of Hastings Street.
adjacent or surrounding land uses or the
amenity of the surrounding area.
Mitigation of noise impacts
O5 Development is designed and sited to                S5.1 Visitor accommodation is not           Compiles – the site is not located
avoid adverse noise impacts associated with            located along parts of the major road       along parts of the major road network
neighbouring noise sources by—                         network which have a legal speed limit      which have a legal speed limit of
a) locating the use away from major noise              of 80km/hr or above, and is setback         80km/hr or above, or in vicinity of the
sources such as busy roads or rail corridors: or       40m from the North Coast railway            North Coast railway line.
b) applying appropriate noise attenuation              line.
measures into the development.
14.83 Effects of works
Water supply and conservation
O6 On-site water storage is designed and               No solution provided                        Complies – The site will incorporate
operated to support the efficient use of water                                                     water retention and reuse strategies.
and is adequate for the intended use.
Effluent disposal
O7 The provision of an effluent disposal               No solution provided                        Complies – The site will be connected
system is provided to maintain acceptable                                                          to   Councils reticulated    sewerage
public health standards and avoid                                                                  system.
environmental harm.
14.84 Amenity
Safety and security
O8 For Visitor accommodation Type 4,                   S8.1 The building entrance is clearly       Complies – The building entrance is
buildings and outdoor spaces are designed to           identifiable and visible from the street,   clearly identifiable and visible from the
protect the personal security and safety of            footpath and driveway;                      street, footpath and driveway.
residents by allowing for natural surveillance         AND
                                                       S8.2 The internal path network has          The internal path network has clear
                                                       clear sightlines to the dwelling entry      sightlines to the dwelling entry and
                                                       and street access points;                   street access points
                                                       AND
                                                       S8.3 Visitors have direct access to the     Visitors will have direct access to the
                                                       entrance without passing through            entrance without passing through
                                                       private open space areas.                   private open space areas.
Emergency access
O9 For Visitor accommodation Type 2 or                 No solution provided                        Complies – The development will
4, site design and layout ensures efficient                                                        provide safe and accessible emergency
access and egress for emergency vehicles.                                                          vehicle access.




Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                                 Page 24
9 - 21 Hastings Street, Noosa Heads

Page 28

Ken Hicks & Associates                                                                                             September 2008


5.3.4 Business Uses Code
Table 14-5 for all Business Uses
              Specific Outcomes                           Probable Solutions                                Proposal

14.17 Effects of use
Electricity infrastructure
O1 The development does not adversely impact     S1.1 No solution provided                   Complies – It is proposed that the
on existing or future electricity supply                                                     existing transformer situated on the site
infrastructure;                                  S2.1 Development for uses adjacent          be relocated, subject to approval from
                                                 to or within 50m of an existing             ENERGEX. The relocation of the
                                                 electricity substation incorporates         transformer will be subject to Energex
AND                                              noise     attenuation   measures to         construction standards and access
                                                 mitigate noise impacts; and                 requirements. This may require future
                                                                                             amendments to the existing street
                                                 S2.2       Buildings and structures         frontage works. The relocation of the
O2 All uses and works maintain an adequate
                                                 (including swimming pools, sheds,           transformer is seen as a positive
safe distance from electrical infrastructure
including substations, overhead powerlines,      tennis courts and outbuildings) are not     contribution to the street as it is
power poles and transformers.                    constructed under overhead electricity      currently highly visible, detracting from
                                                 transmission lines, or within electricity   the overall street amenity. As such the
                                                 easements.                                  development will not negatively impact
                                                                                             on existing electrical infrastructure. The
                                                                                             site is not within 50m of an electricity
                                                                                             substation or under overhead electricity
                                                                                             transmission lines or within electricity
                                                                                             easements.
14.18 Amenity
Noise
O3 Development is designed and sited to avoid    No solution provided                        Complies – The development will not
noise emissions that unreasonably diminish the                                               result in any adverse noise emissions.
amenity of the area or surrounding uses.                                                     No emissions above that which would
                                                                                             occur in the present situation are
                                                                                             anticipated.

Mechanical plant and equipment and
storage areas
O4 Mechanical plant and equipment (including     S4.1 Mechanical plant and equipment         Complies – The majority of plant and
air conditioning equipment) and storage areas    are—                                        equipment will be contained in
are designed and located to—                     a) located more than 2m from any            designated areas at basement level and
avoid adverse visual impacts when viewed from         property boundary;                     will be housed in rooms. Same plant
the street and adjoining properties; and         b) where located at ground level,           will be located at roof level and which
visually integrate with the building design.          screened by fencing 1.5m in            will be integrated in the roof design so
                                                      height or dense vegetation of at       that it is not visible from the street or
                                                      least 1.5m in width incorporating      adjoining properties.
                                                      grouped trees and shrubs with
                                                      maximum separation distance of
                                                      1m measured from the centre of
                                                      the tree or scrub; and
                                                 c) are visually integrated into the
                                                      line and plane of the building and
                                                      roof design and do not project
                                                      beyond the height or width of the
                                                      building when viewed from the
                                                      street and adjoining properties;
                                                 AND
                                                 S4.2 For Industrial business and            N/A
                                                 Retail business Type 3, materials
                                                 stored outside of a building do not
                                                 exceed 4m in height or half the height
                                                 of the on-site buildings whichever is
                                                 the greater.
Safety and security
O5 All property boundaries are clearly           S5.1 Boundaries are identified by           Complies – The perimeter site
identifiable with public and private spaces      such means as - fencing; or changes         boundaries will be retained as they
clearly defined.                                 in surface materials or levels; or          currently exist.    Fencing and or
                                                 landscape treatments.                       landscaping will clearly define the
                                                                                             boundaries.
O6 All premises and access routes are clearly
identifiable to all persons, particularly        S6.1 All premises are identified by the     Complies - A street number will be
emergency services personnel.                    provision of the street number in a         clearly identifiable from Hastings Street
                                                 prominent location, preferably near         frontage.
                                                 the site entry, (i.e. on the kerb or


Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                           Page 25
9 - 21 Hastings Street, Noosa Heads

Page 29

Ken Hicks & Associates                                                                                              September 2008

             Specific Outcomes                             Probable Solutions                                Proposal

                                                  letterbox or by signage on the building
                                                  or site).

O7 All building entries are designed to be        S7.1 The number of entrances and            Complies - The main entrances to the
obvious and easily identifiable.                  exits are limited and main building         building will be clearly visible at street
                                                  entrances/exits are located at the          level on Hastings Street.
                                                  front of the site, in view of the street.
                                                  Where this is not possible, due to site
                                                  or existing building constraints, a well
                                                  defined path is provided to the
                                                  entrance/exit; and
                                                  S7.2 All entrances/exits to buildings,      Complies - All entrances/ exits will be
                                                  are lit and signed, and signage             lit and signed, including hours of
                                                  includes hours of operation; and            operation
                                                  S7.3   Entrances/exits are located to       Complies – The development design
                                                  provide a direct link to driveways and      incorporates ready access to driveways
                                                  carparking areas; and                       and the car park.

                                                  S7.4 Recessed doorways are avoided          Complies - There are no recessed
                                                  where the recess is of sufficient size to   doorways proposed.
                                                  conceal a person. Where recessed
                                                  doorways are unavoidable, measures
                                                  are used to enhance safety, as
                                                  follows—
                                                  a)      good lighting installed;
                                                  b)      strategically placed mirrors
                                                          installed;
                                                  c)      angled approaches provided;
                                                          or
                                                  d)      gates which restrict access
                                                          provided.


                                                                                              Complies – The windows and main
O8 Uses are arranged within buildings and on      S8.1     Windows and main entrances         entrance are positioned to allow for
sites to enable external areas to be monitored.   are positioned to allow for casual          casual surveillance.
                                                  surveillance.

                                                                                              Complies – The communal open space
O9 Communal open space, including                 S9.1       Communal open spaces,            is located towards the beach frontage.
congregation and seating areas, is located        including congregation and seating
where it can be monitored.                        areas are situated where they are in
                                                  the line of sight of windows, doors
                                                  and/or      balconies/verandahs      of
                                                  buildings, or can be seen from a street
                                                  or other public space.

                                                                                              Complies – Elements of the probable
O10 Buildings and structures are designed to      S10.1 Buildings or structures that are
                                                                                              solutions will be implemented where
minimise opportunities for vandalism.             visible from    a    public   street   or
                                                                                              appropriate in the development.
                                                  laneway—
                                                  a)      avoid the use of solid fences
                                                          and blank walls which attract
                                                          graffiti. Where solid blank
                                                          surfaces are unavoidable,
                                                          measures in the form of
                                                          landscaping, creepers, murals,
                                                          vandal resistant paint, etc are
                                                          used; and
                                                  b)      use toughened glass, security
                                                          screens and other measures
                                                          (but not including security
                                                          shutters that obscure the view
                                                          of shopfronts) are used in
                                                          windows which are provided at
                                                          ground level, to deter break
                                                          and enters; and



Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                            Page 26
9 - 21 Hastings Street, Noosa Heads

Page 30

Ken Hicks & Associates                                                                                              September 2008

              Specific Outcomes                             Probable Solutions                                Proposal

                                                   c)      use hardy vandal proof
                                                           materials and anti-graffiti paint
                                                           are used in the construction of
                                                           buildings.


O11 Lighting of appropriate intensities is         S11.1        Lighting of appropriate        To Comply – Appropriate lighting will
provided to maximise safety.                       intensities is provided which satisfies     be installed
                                                   the    requirements     of  Australian
                                                   Standard AS1158: Public Lighting
                                                   Code, unless otherwise specified in
                                                   this Code; and
                                                   S11.2        External lighting of a
                                                   graduated intensity is provided which
                                                   starts at a lower level of brightness at
                                                   the perimeter of the site and rises to a
                                                   higher level at the entrance to
                                                   buildings or at the centre of the site;
                                                   and
                                                   S11.3 Lighting is directed onto the
                                                   site and away from neighbouring
                                                   properties; and
                                                   S11.4    Vandal-resistant lighting is
                                                   used in public and publicly accessible
                                                   areas.


Shower and storage facilities
O12 For Commercial business or Retail              S12.1 At least 1 unisex shower and          Complies – these facilities will be
business premises with a gross floor area          1m3 of locker or cupboard space is          incorporated.
exceeding 500m2, shower and storage facilities     provided for every 500m2 of gross
are provided to meet the needs of owners and       floor area.
staff.
Site facilities
O13 Waste storage areas, external storage          S13.1 Waste storage areas, external         Complies – the bin store area is
areas and loading docks do not detract from the    storage areas and loading docks are         located underground in an enclosed
visual amenity of the streetscape or cause         situated to the rear of the building or     airconditioned room adjacent the
nuisance to adjoining properties.                  under the ground;                           parking area. The room is large enough
                                                   OR                                          to allow for separation of waste and
                                                   S13.2 With the exception of the             recyclable items ie cardboard, glass and
                                                   access way, waste storage areas,            oil.
                                                   external storage areas and loading
                                                   docks are visually screened by
                                                   landscaping or fencing.
Environment & heritage values
O14 There are no significant adverse effects on    No solution provided                        Complies – The proposal will not result
the biodiversity, natural vegetation, native         Advisory note                             in any adverse effects on environment
wildlife, habitats, landscape quality, water         PSP24 – Effluent Disposal details         or heritage values.
quality or heritage values, including those          requirements for the design and
related to—                                          siting of effluent disposal systems
a)       changes to natural drainage;                where      located     outside     a
b)       disturbance to any of the wetland           sewerage         service       area.
         systems;                                    Compliance with PSP24 will be
c)       management of landslide and fire risk;      considered as part of Council‘s
d)       erosion and the transport of sediments      assessment of the plumbing and
         off-site;                                   drainage application.
e)       unmanaged public access;
f)       effluent disposal;
g)       changes to fauna habitat and behaviour;
         and
h)       disturbance of buildings and features,
         including natural features, of heritage
         significance.




Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                           Page 27
9 - 21 Hastings Street, Noosa Heads

Page 31

Ken Hicks & Associates                                                                                             September 2008


Table 14-6 Entertainment & Dining Business or Retail Business Types 1 or 2
             Specific Outcomes                              Probable Solutions                               Proposal

Effects of use
Noise and visual amenity
O15 Uses maintain a satisfactory level of          S15.1 For uses involving outdoor            N/A – these facilities are not included
acoustic and visual amenity for surrounding        courts including tennis courts, half        in the proposal.
uses.                                              courts and netball courts—the use
                                                   complies with the requirements in
                                                   Section 2 of PSP8 Tennis and other
                                                   Courts.
Outdoor dining areas
O16 Outdoor dining areas are designed and          S16.1 Walls to outdoor dining areas         To Comply – The proposed outdoor
located so that—                                   are—                                        dining areas will incorporate these
a)     structures are aesthetically pleasing and   a)      if facing a roadway or other        solutions.
       in keeping with the existing character of           public area, transparent;
       the area, including the architecture of     b)      not made of flexible, roll-up or
       the associated building;                            drop plastic sheeting;
b)     outdoor dining adds to the landscaped       c)      separated from the floor and
       streetscape without increasing perceived            any roof by a minimum vertical
       building bulk;                                      gap of 500mm; and
c)     temporary walls or roofs are stored         d)      if detachable or collapsible, are
       when not in use and secured at all                  only used during inclement
       times;                                              weather;
d)     adequate air movement is available; and     AND
e)     structures do not impede the movement       S16.2 Roof, walls or other structures
       of pedestrians or vehicles;                 do not extend beyond the boundaries
AND                                                of the premises;
                                                   AND
                                                   S16.3        The outdoor dining area
                                                   complies with Planning Scheme Policy
                                                   PSP14 Outdoor Dining;
                                                   AND
O17 Adequate clearways and head clearance          S17.1 Roof structures over outdoor
are provided to allow safe movement of users of    dining areas have a minimum
the premises.                                      clearance height of 2.1m.



5.3.5 Landscaping Code

The overall outcome is the achievement of a high quality of landscape design that—
a) retains, reinforces and enhances the natural landscape character of the site, streetscape and locality;
b) retains existing vegetation and other natural features for their ecological, aesthetic and cultural
   values;
c) ensures the revegetation and rehabilitation of native wildlife habitat and riparian zones to protect and
   enhance ecological and biodiversity values;
d) facilitates water management including on-site detention and the efficient infiltration of stormwater;
e) enables the establishment of appropriate plantings that are of a scale and density commensurate with
   building height, bulk and scale to buffer development and conflicting land uses;
f) enhances privacy between dwelling units and accommodation units;
g) accommodates the outdoor recreation needs of dwelling occupants; and
h) provides adequate vegetation treatment to steep slopes and unstable landforms.

Comment: An assessment against the specific outcomes of the Landscape Code is included as
Attachment F. This assessment demonstrates that the proposal achieves the specific outcomes of the
Code having regard to the Landscape Concept Plan prepared by LandGraphics, included as Attachment
D and the landscape area/calculations shown in the proposal plans included as Attachment A.

With regard to landscape are provision, the Landscape Code requires for the Visitor Mixed Use Zone a
minimum 10% of the site area to be landscape; but specifies for Visitor Accommodation Type 4
Conventional a minimum landscape area of proposed population in persons x 30m 2, providing that 60% of
this requirement is soft landscaping. In this regard based on the zoning provision a minimum 472.2m2 is
required and based on the use provision 1,980m2 (42%) is required, which is to comprise 1,188m2 (25%)
of soft landscaping. While the proposal easily achieves the zoning based requirement, the use based

Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages                          Page 28
9 - 21 Hastings Street, Noosa Heads

Page 32

Ken Hicks & Associates                                                                               September 2008


requirement has not strictly been achieved. We further note that no development in Hastings Street
would comply with the proposed population in persons x 30m 2 requirement and has been based on the
superseded scheme requirement of proposed population in persons x 14m2, which has also been applied
to redevelopment under the current Noosa Plan. Under these provisions we would be required to achieve
924m2 of landscaping.

Plans SK4009 and SK 4010 included within Attachment A details the landscape calculations for the
proposal. These calculations detail both ground level ‗deep planting‘ ability together with the extent of
podium level landscaping, all of which contribute to the landscape outcome. Plan SK4009 shows that
600m2 of deep planting area can be achieved at ground level, which is increased to 835m 2 when the area
subject to the ‗structured cell technology‘ (detailed in the Landscape Concept plans) is included. We note
that these calculations include all of the area along the western boundary which comprises the proposed
public pedestrian walkway between Hasting Street and the beach. Given the significant community
benefit resulting from this proposed walkway, it is requested that Council give full credit of this area
towards the landscape calculations as if this pathway were not there. While the pathway could be
removed from the development proposal and this area fully utilised as soft landscaping, we consider the
benefits of inclusion to far outweigh the alternative. While this ground level landscape area does not
achieve the current requirement of the Noosa Plan, it achieves the requirement of the superseded scheme
consistent with all existing Hastings street developments. Plan SK 4010 details the podium landscaping
and shows that 573m2 of soft landscape area is provided together with 610m2 of pool area and 823m2 of
hardscape. The calculations of ground and podium landscaping do not overlap and provide separate areas
that contribute to the overall landscape and amenity outcome. The total landscaping achieved is 3022m 2.

It is considered that the proposed landscape outcome will provide a substantial amenity contribution to
site and street, is consistent with the existing character of Hastings Street and complies with the specific
outcomes of the Landscape Code.


5.3.6 Engineering Works Codes
The Engineering Works Codes applicable to the proposed development will be:

    o    Driveways and Car Parking Code
    o    Earthworks Code
    o    Erosion and Sediment Control Code
    o    Existing Services Code
    o    Waste Management Code
    o    Water Sensitive Design Code
    o    Water Supply and Sewerage Reticulation Code

These Codes are mostly relevant to the operational and construction works phases of the development,
and contain many provisions that can not be addressed at the Material Change of Use stage. As such, a
detailed assessment of the codes will be undertaken prior to the commencement of the latter phases.

Relevant comments in relation to the Engineering works codes are addressed below.

Driveways and Car Parking Code

A Traffic Impact Assessment has been prepared by Cardno Eppell Olsen and included as Attachment H.
This report demonstrates that that the proposal will result in reduced traffic and parking demand; provides
a sufficient and appropriate level of retail visitor, staff and resident parking within the context of Hastings
Street; provides a safe, accessible parking provision and is acceptable in terms of its effects on traffic.

Earthworks Code

The proposal does not involve any substantial extent of earthworks and generally follows the existing
development footprint and basement excavation.



Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages          Page 29
9 - 21 Hastings Street, Noosa Heads

Page 33

Ken Hicks & Associates                                                                               September 2008


Waste Management Code

The proposed development does not include any uses that may result in unusual or non-standard waste
collection or management requirements. A full waste management plan for demolition, construction and
operational phases of the development will be prepared as part of a subsequent Operational Works
application.

Water Sensitive Design Code

The Stormwater Management Plan includde as Attachment G provides for rainwater harvesting and
detention strategies as required by the Water Sensitive design Code. Further details will be addressed as
part of a subsequent Operational Works application.




Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages          Page 30
9 - 21 Hastings Street, Noosa Heads

Page 34

Ken Hicks & Associates                                                                               September 2008


6.0 REFERRAL AGENCY – ENVIRONMENTAL PROTECTION
    AGENCY
The application will be referred to the Queensland Environmental Protection Agency (EPA) due to its
inclusion in a Coastal Management District (refer to Figure 5 below).

The impact of the end use on the Coastal Management District will be no more significant than that of the
existing development on the site. During construction, the values of the adjoining coastline will be
protected through the implementation of an approved Construction Management Plan. This plan will
incorporate an erosion and sediment control plan, etc. The development will also operate under an
approved stormwater management plan.




       Figure 5 Extract from South East Queensland Coastal Management District Sheet 13.1 Noosa.




Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages          Page 31
9 - 21 Hastings Street, Noosa Heads

Page 35

Ken Hicks & Associates                                                                               September 2008


7.0 TOWN PLANNING GROUNDS
It is considered that the subject development proposal is worthy of Council support on the basis of a
number of key town planning grounds, which can be summarised as follows:

                       The proposed uses are consistent uses within the Visitor Mixed Use Zone under the
                        Noosa Plan and the development will promote the intent of the Plan for Hastings
                        Street as a premier tourist destination;

                       The proposal satisfies the provisions of relevant Planning Scheme Codes to the extent
                        that where Probable Solutions cannot be directly met, the development adequately
                        addresses the Specific Outcomes;

                       Where development parameters are not strictly complied with, the proposal offers
                        outcomes that will in practice be functional, and are consistent with existing uses in
                        the direct vicinity;

                       The proposed development constitutes a reduction in built form, site cover, gross floor
                        area and residential density from that of the existing situation, thereby reducing
                        existing streetscape and character impact and traffic volumes;

                       The scale of the development is appropriate for the site and incorporates a varied
                        structural form as opposed to an imposing, bulky building;

                       The proposed development is a mixed use of the highest quality, and will enhance the
                        visual environment and amenity values of the Hastings Street area;

                       The proposal incorporates a pedestrian link from Hastings Street to the beach,
                        providing a substantial community benefit, fostering a sense of legibility and ease of
                        movement through the site; and

                       The proposed buildings will be of a height, scale and general form that is consistent
                        with the existing built form and future intent of the area.




Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages          Page 32
9 - 21 Hastings Street, Noosa Heads

Page 36

Ken Hicks & Associates                                                                               September 2008




8.0 CONCLUSION
This planning report has been prepared to accompany an application for Material Change of Use
(Development Permit) for:
                  o Visitor accommodation Type 4 Conventional;
                  o Retail business Type 2 Shop & salon; and
                  o Entertainment and dining business Type 1 Food and beverages.

The site for the proposed development is situated at 9-21 Hastings Street, Noosa and is described as:

                        o    Lots 4 and 5 on RP893438;
                        o    Lots 4-11, 14-17 & 22-24 and common property on BUP4864;
                        o    Lots 28-39 and common property on SP103607; and
                        o    Lot 12 on RP908660.

The report has outlined a comprehensive assessment of the proposed development (in the context of the
site) against all relevant sections of The Noosa Plan. This assessment has demonstrated that the
proposed development achieves consistency with the key provisions of the Plan, both in terms of Probable
Solutions and Specific Outcomes.

The development will be an asset to the Noosa area of the Sunshine Coast region, delivering a mixed-use
outcome of the highest quality that will result in a commensurate community benefit.

In light of the above, and all information presented in this report, approval of the application is warranted
subject to the imposition of reasonable and relevant conditions.




Town Planning Report
Material Change of Use – Visitor Accommodation Type 4 Conventional,
Retail business Type 2 Shop & salon, and Entertainment and dining business Type 1 Food & beverages          Page 33
9 - 21 Hastings Street, Noosa Heads

Used in these records

About this file

File size
1.1 MB (small file)
File type
PDF

No other editions are linked here.

Original file

Log in to download the original file

Original Application Part 2 - Town Planning Report [As Published].pdf · 1.1 MB (small file)

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

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

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