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2017-11-07 Planning & Environment Committee Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 7 November 2017
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell, Tony Wellington
“Noosa Shire – different by nature”
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Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 AMENDMENTS TO THE NOOSA PLAN 2006 3
2 MAKING THE NEW PLANNING SCHEME UNDER THE PLANNING ACT 2016 6
3 LOCAL GOVERNMENT INFRASTRUCTURE PLAN (DRAFT FOR MINISTER'S
REVIEW) 14
4 APPEAL NO. 3560 OF 2017 DEVELOPMENT APPLICATION TO EXTEND THE
CURRENCY PERIOD FOR DEVELOPMENT PERMIT TO RECONFIGURE A LOT
(52 LOTS & PARK) AT 191 HOLLETT ROAD, NOOSAVILLE 22
5 REC17/0011 - DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (2 LOTS
INTO 21 LOTS) AT 29 AND 35A TAIT STREET AND 20 EAGLE DRIVE,
TEWANTIN 25
6 MCU17/0028, OPW17/0120 & REC17/0012 - REQUEST FOR NEGOTIATED
DECISION NOTICE - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF
USE - MULTIPLE HOUSING TYPE 2, RECONFIGURE A LOT & OPERATIONAL
WORKS SITUATED AT 23 TEWANTIN RD, COOROY 39
7 132005.220.05 & OPW12/0031.02 - APPLICATION FOR EXTENSION TO
CURRENCY PERIOD FOR A PRELIM. APPROVAL TO OVERRIDE PLANNING
SCHEME, DEVELOPMENT PERMIT TO RECONFIGURE A LOT &
DEVELOPMENT PERMIT FOR OPERATIONAL WORKS AT 70 CARPENTERS RD
& 25 JARRAH ST, COOROY 49
REPORTS FOR NOTING BY THE COMMITTEE 57
8 ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE -
1ST QUARTER 2017-18 57
CLOSED SESSION -
Page 2 of 65
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 AMENDMENTS TO THE NOOSA PLAN 2006
DOCUMENT INFORM AT ION
Author Planning Scheme Project Manager, Raul Weychardt
Environment and Sustainable Development Department
Index ECM/ Subject/ Noosa Plan Amendments
Attachments 1. Amendments for Multiple Housing Type 2 Duplex & Minor
Corrections
2. Alignment Amendments
(Note: Both attachments provided separately to this report)
EXECUTIVE SUMMARY
Council is preparing a new planning scheme for Noosa Shire and it is expected to be finalised in
2019. In the meantime, The Noosa Plan 2006 needs to operate successfully until the new plan
has effect. Staff are aware of the need to undertake amendments to The Noosa Plan 2006 to
continue to deliver the policy outcomes intended by Council.
This report proposes three types of amendments. The first is to facilitate the outcomes intended
by earlier amendments to introduce secondary dwellings. The second type of amendments are to
correct some minor errors and inconsistencies. The final amendments relate to making some
minor adjustments to the advertising devices code as a consequence of the alignment
amendment process. That process involved many changes to align with terminology and
processes under the new Planning Act 2016.
RECOMMENDATION
That Council note the report by the Planning Scheme Project Manager to the Planning &
Environment Committee Meeting dated 7 November 2017 and:
A. Resolve under section 18 of the Planning Act 2016 to amend The Noosa Plan 2006 by
introducing new provisions for Multiple Housing Type 2 Duplex and correcting minor errors
and inconsistencies in accordance with Attachment 1 of the report; and
B. Authorise the Chief Executive Officer to:
1. Forward the proposed amendments to the Minister for state interest review;
2. Undertake public consultation and review submissions; and
3. Subject to submissions not raising material issues, adopt the proposed amendments
and place a public notice in the government gazette.
C. Resolve to amend The Noosa Plan 2006 under the Alignment Amendment Rules made by
the Planning Minister under section 293 of the Planning Act 2016, as outlined in
Attachment 2 of the report and authorise the Chief Executive Officer to effect the
amendments.
Page 3 of 65
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
REPORT
1. Multiple Housing Type 2 Duplex
The Noosa Plan 2006 originally included a definition for ‘granny flats’ called Multiple Housing
Type 1 Relative or Employee. In 2016 this definition was removed and replaced by an
amendment to the definition of detached house to incorporate a secondary dwelling not
exceeding 65 m² in area. The intention was to either accommodate relatives of the resident or to
allow the small dwelling to be used as a separate tenancy. Since then it has become apparent
the use of a secondary dwelling for a separate tenancy is constrained by the single household
provisions that apply to a detached house.
To continue to support Council’s original intent for secondary dwellings (that is, that they may
accommodate somebody other than a relative or household member), an amendment is
proposed to The Noosa Plan to allow each lot within the Detached Housing, Rural Settlement,
Rural zones and certain Village Mix zoned sites to contain a detached dwelling together with a
small second dwelling. The second dwelling cannot exceed 65 m² in area and may be separately
tenanted. However, the site cannot be further subdivided and thereby will remain on one title and
in single ownership.
It is also proposed to create greater flexibility in the development provisions for the two dwellings
by not requiring them to be attached and to allow the small dwelling to contain up to two
bedrooms instead of one.
This alternate development arrangement is defined under The Noosa Plan as Multiple Housing
Type 2 Duplex and will be accepted development subject to requirements set out in the Detached
House Code (to be renamed the Low Density Housing Code).
This amendment is well supported by the findings of the housing needs assessment that was
prepared in conjunction with the new planning scheme project. Attachment 1 includes these
amendments.
2. Minor Errors and Inconsistencies
A range of other consequential and minor amendments to correct anomalies or inconsistencies in
The Noosa Plan are also proposed including the removal of the Building Works Code which is no
longer required. Development Assessment staff have identified minor amendments necessary to
correct the interpretation of the scheme by building certifiers. Attachment 1 also includes these
amendments.
3. Alignment Amendment
With the introduction of the Planning Act 2016, the Minister has permitted councils to amend their
planning schemes to introduce terminology and processes that better fit with the new act. Those
amendments are called alignment amendments and do not involve the state government or
community consultation as they are minor in nature and have no significant policy implications.
Council has undertaken a significant amount of work to align The Noosa Plan 2006. Now the
Planning Act is operational, staff have found the Advertising Devices Code needs to be further
amended. Because of their importance, some provisions for example the size or movement of
signs and no third party content, are included in Column1 of the Code as specific outcomes.
Column 2 contains acceptable solutions for accepted development or probable solutions if code
assessment. Consequently the code frequently has “No solution” in the right hand column as
code assessment has been under both columns (with Column 1 being stronger). However
accepted development under the Planning Act is only assessed under Column 2 and so many
provisions within Column 1 need to be copied into Column 2. . These amendments are set out in
Attachment 2.
Page 4 of 65
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Previous Council Consideration
Council previously amended The Noosa Plan with an expectation the amendment would permit a
secondary dwelling in conjunction with a dwelling house and for both dwellings to be separately
tenanted, whether or not by relatives or members of the same household. These amendments
will deliver that intent.
Finance & Risk
Nil.
Consultation
External Consultation - Community & Stakeholder
Public consultation is required as part of the planning scheme amendment process consistent
with the Minister’s Guidelines and Rules under the Planning Act 2016.
Internal Consultation
The amendments to correct minor errors and inconsistencies have been at the request of the
Development Assessment Manager.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 5 of 65
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
2 MAKING THE NEW PLANNING SCHEME UNDER THE PLANNING ACT 2016
DOCUMENT INFORM AT ION
Author Planning Scheme Project Manager, Raul Weychardt
Environment and Sustainable Development Department
Index ECM/ Project and Contract/ Planning Scheme Review 2016 – Project
Planning
Attachments 1. Section 18 of the Planning Act 2016
2. Draft Communications Strategy (Summary)
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Planning Scheme Project Manager to the Planning &
Environment Committee Meeting dated 7 November 2017 and:
A. Discontinue preparation of the new Planning Scheme under the Sustainable Planning Act
2009;
B. Propose to make a new Planning Scheme for the whole of Noosa Shire under the Planning
Act 2016;
C. Advise the Minister of this decision;
D. Authorise the Chief Executive Officer to prepare an amended Statement about State
Interests and to consult with the Chief Executive of the Department about the matters to be
included in the notice under Section 18 of the Planning Act; and
E. Adopt the Draft Communications Strategy (Summary) as set out in Attachment 2 to the
report in principle and request that Chief Executive Officer provide a further report to the
Council regarding a detailed community consultation activities plan at the time the Council
re-considers the draft planning scheme following the first state interest review.
REPORT
This report is intended to enable Council to formally resolve to prepare a new planning scheme to
replace The Noosa Plan 2006. Council has previously resolved in September 2016 to prepare a
new planning scheme under the Sustainable Planning Act (SPA), a copy of that decision is
included later in this report. However, since that decision the Sustainable Planning Act has been
repealed and replaced by the Planning Act 2016 which commenced on 3 July 2017.
1. Continuing Preparation of the new Planning Scheme under the Sustainable Planning
Act 2009
At the time of Council’s decision in September 2016, introduction of the Planning Act was
estimated to be some nine months subsequent and a delay of that length to await the
introduction of the new act for commencing the new planning scheme caused concerns.
Page 6 of 65
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
The Planning Act makes provision for continuing to prepare a planning scheme under the
repealed Sustainable Planning Act and also allows for the same format and planning scheme
preparation process. To be clear, Council could successfully prepare the planning scheme under
the old act and implement it under the new Planning Act. In fact the two schemes would be
almost identical.
2. Resolving to Prepare the new Planning Scheme under the Planning Act 2016
During the period from September 2016 to July 2017 when the new act was finalised, staff have
given consideration to advantages and disadvantages of continuing preparation under the old
Sustainable Planning Act or recommending to Council to resolve to prepare the scheme under
the new Planning Act. Staff have also been in discussions with the Department of Infrastructure,
Local Government and Planning about this issue.
Key considerations have been the need for certainty of the form of a planning scheme under the
new legislation and an understanding of the process, particularly in submitting a draft planning
scheme for state interest checks. Up until recently there has been no clear guidance on these
two issues. The form of a planning scheme has been resolved initially through the alignment
process and template provided by the Department and more recently with their publication How
to draft a Local Planning Scheme under the Planning Act. This document provides guidance in
formulating planning policy and also has an updated and non-mandatory planning scheme
template. The process for preparing the planning scheme has essentially the same steps as
under the previous legislation. However, the detailed procedures have minor differences. Overall,
there seems to be no reason for the state interest reviews to require any longer timeframes under
the Planning Act.
Staff and the Department now support Council discontinuing the preparation of the new planning
scheme under the Sustainable Planning Act and continuing the process under the Planning Act.
The table below summarises the advantages and disadvantages of these two options.
ACT ADVANTAGES DISADVANTAGES
Sustainable Continuation of process without An extraordinary administrative burden in
Planning Act distraction preparing two versions of the new scheme
Clear regulated format - a version that conforms with the
Clear process Queensland Planning Provisions under
SPA, and
- a version that aligns the above version
with the Planning Act, showing track
changes.
Planning Act The new scheme is made Additional workload but this should not
under current legislation. overly impede scheme preparation
Format is clear but only Community engagement program is
regulated for zones and required to be prepared earlier, though
definitions this can be a preliminary program and
The process is becoming added to later.
evident. At least one other There is an element of risk associated with
Council has resolved under the being an early user of the new system for
new act and the Department a state interest review under the Planning
has progressed its procedures. Act.
The State Planning Policy has been amended in July 2017 with new guidelines released over
recent months. A new SEQ Regional Plan was released in August 2017. The new planning
scheme has to account for these new provisions irrespective of the course chosen by Council.
Page 7 of 65
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
3. Procedural Steps under the Planning Act 2016
Section 18 of the Planning Act sets out the procedures for making a new planning scheme. A
copy of Section 18 is Attachment 1 to this report. Note that the Chief Executive (of the
Department of Infrastructure, Local Government and Planning) must respond to Council’s
decision to make a new planning scheme by consulting with Council and subsequently issuing a
notice setting out the various matters in section 18(5), including how public notification of the
proposed planning scheme is to be given and Council’s proposed communications strategy for
the planning scheme.
To assist in consulting with the Chief Executive about the communications strategy, staff have
included in this report a draft communications strategy in summary form as Attachment 2. This
summary reflects activities undertaken for the Discussion Paper in 2016 and is presented as
preliminary. Staff propose Council endorse this summary as its current intention for the
community engagement strategy. Note the Act nominates 40 business days as a minimum for
public consultation. Staff propose a more appropriate consultation period for our community is
60 business days.
In addition, staff propose to report further to Council about community engagement after we have
received the Chief Executive’s notice and prior to commencement of community consultation
about the new planning scheme. This will allow Councillors an opportunity to consider any
additional activities to undertake during the consultation period.
The Minister has also published Guidelines and Rules for making or amending a planning
scheme and the Department has issued guidance material about those Rules.
Previous Council Consideration
In December 2015 Council considered a report that provided an overview of the timeline,
resource requirements, estimated budget and other considerations for undertaking a new
planning scheme project. As a consequence, budget provision has been made for preparing the
new scheme and assembling a project team. Refer to Council resolution below:
Ordinary Meeting, 17 December 2015, Item 3, Page 7
That Council note the report by the Special Projects Officer and Director, Planning &
Infrastructure to the Planning & Organisation Committee Meeting dated 8 December 2015 and:
A. Note the draft project brief for the new planning scheme project; and
B. Authorise the CEO to make an application to the Minister for an extension of time to amend
Council’s Priority Infrastructure Plan in accordance with the Local Government and Other
Legislation Amendment Act (No. 2) 2015 amendments to the Sustainable Planning Act
(2009) (SPA) sections 997, 979, 983 and 996.
In September 2016, Council resolved to prepare a new planning scheme. The resolution was
made and acted upon pursuant to the Sustainable Planning Act 2009. Refer to Council resolution
below:
Ordinary Meeting, 15 September 2016, Item 5, Page 8
That Council note the report by the Planning Scheme Project Manager to the Planning &
Environment Committee Meeting dated 6 September 2016 in relation to the proposal to prepare a
New Planning Scheme and:
A. Endorse the document The Noosa Plan 2006 - Ten Year Review as provided at
Attachment 1 to the report;
B. Propose to prepare a new Planning Scheme for the whole of Noosa Shire;
C. Authorise the Chief Executive Officer to prepare a Statement about State Interests; and
D. Advise the Minister of this decision.
Page 8 of 65
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Finance & Risk
Council considered the following estimated project costs at its meeting in December 2015.
There are no significant added costs in making the decision to prepare the new planning scheme
under the Planning Act. Also there are no time delays anticipated in the scheme preparation
process. There are additional tasks to be completed in conjunction with the Department but these
will be carried out in parallel with ongoing scheme preparation work.
There is some risk in moving to make the new planning scheme under the Planning Act given
there has been only limited experience with the new processes for a state interest review. Being
a pioneer of a new system may result in unforeseen delays as the system is being learned.
Consultation
External Consultation - Community & Stakeholder
The Department of Infrastructure Local Government and Planning was consulted about Council
deciding to prepare the new planning scheme under the Planning Act 2016.
Internal Consultation
The Chief Executive Officer, Director of Environment & Sustainable Development and the
Development Assessment Manager were consulted about this report.
Departments/Sections Consulted:
X Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 9 of 65
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
ATTACHMENT 1
Page 10 of 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
ATTACHMENT 1
Planning Act 2017, Section 18 - Making or amending planning schemes
(1)This section applies if a local government proposes to make or amend a planning scheme.
(2)The local government must give notice of the proposed planning scheme, or proposed
amendment, (the instrument) to the chief executive.
(3)After consulting with the local government, the chief executive —
(a)must give a notice about the process for making or amending the planning scheme to the
local government; and
(b)may give an amended notice about the process for making or amending the planning scheme
to the local government.
(4)The chief executive must consider the Minister’s guidelines when preparing the notice or an
amended notice.
(5)The notice, or amended notice, must state at least—
(a)the local government must publish at least 1 public notice about the proposal to make or
amend the planning scheme; and
(b)the local government must keep the instrument available for inspection and purchase for a
period (the consultation period) stated in the public notice of at least—
(i)for a proposed planning scheme—40 business days after the day the public notice is
published in a newspaper circulating in the local government area; or
(ii)for a proposed amendment—20 business days after the day the public notice is
published in a newspaper circulating in the local government area; and
(c)the public notice must state that any person may make a submission about the instrument to
the local government within the consultation period; and
(dja communications strategy that the local government must implement about the instrument;
and
(e)the local government must consider all properly made submissions about the planning
scheme or amendment; and
(f)the local government must notify persons who made properly made submissions about how
the local government dealt with the submissions; and
(g)the local government must give the Minister a notice containing a summary of the matters
raised in the properly made submissions and stating how the local government dealt with the
matters; and
(h)after the planning scheme is made or amended, the local government must publish a public
notice about making or amending the planning scheme.
(6)The local government must make or amend the planning scheme by following the process in the
notice or amended notice.
(7)If the notice requires the Minister to approve the instrument, the Minister may approve the
instrument if the Minister considers the instrument appropriately integrates State, regional and local
planning and development assessment policies, including policies under an applicable State planning
instrument.
(8)A planning scheme replaces any other planning scheme that the local government administers.
Page 10 of 65Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
ATTACHMENT 2
Page 11 of 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
ATTACHMENT 2
Draft Communications Strategy (Summary)
Project Name The New Noosa Plan
Period for Consultation >/>/2018 to >/>/2018 totalling 60 business days
Department Environment & Sustainable Development
Project Description
The Planning Act 2016 requires all Local Governments in Queensland to prepare a new planning scheme every ten years.
A planning scheme is a significant local government initiative that sets out the long term planning intent for the local
government area and regulates land use and development. It aims to provide certainty to the community about how the
local government area will develop in the future and over the life of the planning scheme.
The current Noosa Plan which came into effect in 2006 is now 11 years old and requires a comprehensive review.
The new Noosa Plan will set out the future direction for Noosa’s development to 2041.
Project Aims
e Meet statutory obligation of the Planning Act and Ministerial Guidelines and Rules
e Encourage the community to take part in the,.new Noosa Plan process
e Gain meaningful feedback from the community and stakeholders for input to the final Noosa Plan
e Achieve widespread interest in the new Noosa Plan amongst the community
The draft Noosa Plan
Information sheets
Poster
Submission form
General Engagement Activities
Internal
e Home page intranet
e = Staff newsletter
@ Emails directly to all staff and Councillors.
e Personal briefings for Councillors and teams as requested
e Council staff pop-ups at Council Chambers, Noosaville Depot and Pomona Depot.
e Project Working Group briefed
External
e Formal public notice in local paper
e Media release(s)
e Home page of Council’s internet site
e Dedicated page on Council’s internet
e Video on Council’s internet
e Interactive Mapping/ ePlan online planning tool
e Your Say Noosa
e Noosa Council Facebook
Page 11 of 65Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Page 12 of 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
e Series of explanatory statements (fact sheets) around topics
e Static display of public notice, posters, and explanatory statements at Council Chambers level 2 counter, Cooroy Library,
Noosaville Library, Mobile Library
e Direct mail out to certain property owners affected by zone or overlay changes (in circumstances of significant change)
e Direct mail out to people who made a submission to the Discussion Paper
e Direct mail out to database of consultants, building certifiers, designers etc
e Direct emails to key external stakeholders
e Library TV screen (promotions) of static poster
e Road show/“talk to a planner’ information days (11 locations as per Discussion Paper)
e ~=Pop-up kiosks
e = Staff available at Level 2 counter to talk through changes and answer questions
e Direct phone number / ‘hotline’ for enquiries on the draft new Noosa Plan
List of Key Stakeholders |
Direct communication will be made to inform internal and externahstakeholders about the consultation opportunities with
the new Noosa Plan.
External key stakeholders
e State agencies
e Noosa Chamber of Commerce & Industry
e Noosaville Association
e Cooroy Chamber of Commerce
e —_ Hastings St Association
e Sunshine Coast Business Council
e Urban Development Institute Australia
e Property Council of Australia (Sunshine Coast Committee)
e Noosa Junction Association
e Noosa Parks Assoc.
e Noosa Residents and Rate Payers Association
e Noosa Integrated Catchment Association
e Noosa & District.Landcare
e = Architects
e Building Design Association
e Planning & Development Consultants
e Tourism Noosa
e —_ Indigenous group
e Heritage groups
e Noosa Biosphere Reserve Foundation Ltd
e Noosa Community Biosphere Association
e = Adjoining LGA’s
e Healthy Waterways
e SEQ catchments
e Mary River Catchment Coordinating Committee
e Certain education providers
e Submitters to the New Noosa Plan Discussion Paper
e Plus other groups as identified.
Page 12 of 65Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Page 13 of 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Internal key stakeholders
e Development Assessment Branch
° Environment Services Branch.
° Community Development Team.
e Waste & Environmental Health Team.
e Economic Development Branch.
° Community Engagement Team.
e = Building & Plumbing Branch.
e Infrastructure Planning & Design Branch.
° Customer Service Team.
e Local Laws Team.
e Council staff generally.
Other broad stakeholders
e §=6Aged
e =Youth
Targeted Engagement Activities
e Brief Professional Advisory Group |
e Brief Business Reference Group
e Social forum
e Environment forum
e Other industry briefings
e Brief state and federal representatives
e Brief neighbouring local governments
e = Brief infrastructure providers
| Media Enquiries
| Media — Mayor Tony Wellington is spokesperson
| Closing the gap — acknowledging and informing submitters |
Submitters will initially receive a brief acknowledgement but following Council consideration of their submission they will |
be provided advice about what action is being taken as a result of the submission.
Page 13 of 65Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
3 LOCAL GOVERNMENT INFRASTRUCTURE PLAN (DRAFT FOR MINISTER'S REVIEW)
DOCUMENT INFORM AT ION
Author Infrastructure Assessment Coordinator, Oddbjorn Ludvigsen
Environment and Sustainable Development Department
Index ECM/ Subject/ LGIP Reviews (Independent / State / Community)
Attachments 1. Statutory Guideline 04/14 - Schedule 5 - Process for Making a LGIP
(Note: Copies of the draft LGIP and supporting documentation have been provided
separately to Councillors)
EXECUTIVE SUMMARY
This report presents the completed Draft Local Government Infrastructure Plan (LGIP) and
Independent Reviewer’s first review and recommends Council’s endorsement for submission to
the Minister for review and approval to proceed to public consultation.
Council is required to have amended its current Priority Infrastructure Plan (PIP) to an adopted
Local Government Infrastructure Plan (LGIP) by 30 June 2018 in order to continue issuing
infrastructure charges and impose conditions about trunk infrastructure on development.
RECOMMENDATION
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 7 November 2017 and:
A. Resolve to amend the planning scheme for the Shire of Noosa in accordance with the
proposed LGIP amendment as outlined in the report; and
B. Request the Chief Executive Officer to:
i. Write to the Minister for Infrastructure and Planning requesting a review of the
proposed draft LGIP and the Minister’s approval to commence public consultation on
the proposed amendment;
ii. Make amendments to the draft LGIP if required by the Minister to gain approval; and
iii. Proceed to public consultation of the draft LGIP on receiving the Minister’s approval.
REPORT
At the Ordinary Meeting of 28 August 2014, Council resolved to amend its current Priority
Infrastructure Plan (PIP) to a Local Government Infrastructure Plan (LGIP) to comply with
amendments to the Sustainable Planning Act 2009 and corresponding new Statutory Guideline
03/14.
In developing the LGIP, progressive planning reports were provided to Council for review and
endorsement of individual components in order to sequentially advance the next LGIP section,
i.e.:
Priority Infrastructure Area (PIA) maps;
Planning and Development Assumptions;
Desired Standards of Service (DSS) for each “trunk” network;
Plans for Trunk Infrastructure (PFTI) and maps for each “trunk” network detailing the
existing infrastructure and proposed future works;
Schedule of Works methodology and Infrastructure Network Demand Assumptions and
Conversions for each “trunk” network.
Page 14 of 65
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
The legislation and statutory guidelines require a draft LGIP be reviewed by an Independent
Reviewer selected from the Department of Infrastructure, Local Government and Planning
(DILGP) “panel of pre-approved LGIP reviewers” prior to proceeding to the Minister’s review.
The requirements for this independent review is to:
1) Evaluate whether a proposed LGIP complies with the requirements outlined under the
Statutory Guidelines:
a) 04/14 Making and amending planning instrument (MALPI); and
b) 03/14 Local government infrastructure plans, including the LGIP template, the SOW
model and the LGIP Checklist; and
2) Provide a written statement and the completed checklist to the local government detailing
the findings of the compliance check.
Following the Ordinary Meeting of 21 September 2017, the compiled draft LGIP was completed
and forwarded for independent review to “Integrated Infrastructure Planning” being the contractor
appointed from the DLGP’s panel and in accordance with Council’s Procurement Policy.
Consultation with the independent reviewer has helped in finalising the draft LGIP for this first
review.
Integrated Infrastructure Planning have now completed their review of the draft LGIP and
provided the completed LGIP checklist with their comments and their Appointed Reviewer
Statement. No corrective actions have been identified and the draft LGIP is recommended to
proceed to the Minister’s first review.
Under the legislation and statutory guidelines, a Local Government Infrastructure Plan
amendment (LGIP amendment) is required to follow the identical statutory process as a major
amendment to the planning scheme. The full review process is detailed in Schedule 5 of
Statutory Guideline 04/14 and is provided in Attachment 1. This process is also summarised by
the following diagram:
The draft LGIP and supporting documents for forwarding to the Minister include the following:
1. Noosa-LGIP_v1_Draft-30.10.2017 (word document);
2. Noosa-LGIP-Part-15_v1_Draft-30.10.2017 (pdf document);
3. Noosa-LGIP-Schedule-9-LGIP-Mapping&Tables (zip folder with multiple documents);
4. Noosa-LGIP-Extrinsic-Material (zip folder with multiple documents);
5. Noosa-LGIP-SOW-model_v1_09.10.2017 (excel model);
6. NSC_LGIP checklist_301017 (pdf document);
7. NSC Compliance check Report 30 October 2017 (pdf document).
Page 15 of 65
Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Previous Council Consideration
Ordinary Meeting, 28 August 2014, Item 5, Page 9
That Council note the report by the Infrastructure Assessment Officer to the Planning &
Organisation Committee Meeting dated 19 August 2014 and:
A. Resolve to undertake an amendment to the Priority Infrastructure Plan in accordance with
the recent amendments to the Sustainable Planning Act 2009 and corresponding new
Statutory Guideline 03/14;
Ordinary Meeting, 21 July 2016, Item 9, Page 8
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 12 July 2016 and approve the Priority Infrastructure Area
(PIA) Maps provided at Attachment 1 for the proposed Local Government Infrastructure Plan
(LGIP) to replace the current Priority Infrastructure Plan (PIP) of the current Noosa Plan planning
scheme.
Ordinary Meeting, 15 December 2016, Item 5, Page 4
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 6 December 2016 and;
A. Approve the Planning Assumptions contained in the report and provided in Attachments 1,
2 and 3 for proceeding with the new Local Government Infrastructure Plan (LGIP) of the
current Noosa Plan planning scheme;
B. Note a future report to Council may be presented to adjust population and development
projections in Attachment 3 if any major discrepancies are discovered following completion
of the staff final review of the supporting DMaTT GIS output data; and
C. Request the CEO to write to Unitywater thanking their staff in providing the DMaTT
population and development data for use in Council’s LGIP and to commit Council’s
ongoing support and assistance in future DMaTT updates.
LGIP Workshop held on 19 January 2017
Ordinary Meeting, 16 February 2017, Item 5, Page 4
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 7 February 2017 and approve the Desired Standards of
Service (DSS) for the Public Parks and Land for Community Facilities network provided in
Attachment 2 for proceeding with the new Local Government Infrastructure Plan (LGIP) under
The Noosa Plan 2006.
Ordinary Meeting, 16 February 2017, Item 6, Page 4
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 7 February 2017 and approve the Desired Standards of
Service (DSS) for the Transport network provided in Attachment 1 for proceeding with the new
Local Government Infrastructure Plan (LGIP) under The Noosa Plan 2006.
Ordinary Meeting, 20 April 2017, Item 3, Page 3
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 11 April 2017 and approve the Desired Standards of
Service (DSS) for the stormwater network provided in Attachment 1 for proceeding with the new
Local Government Infrastructure Plan (LGIP) under The Noosa Plan 2006.
Page 16 of 65
Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Ordinary Meeting, 18 May 2017, Item 1, Page 6
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 9 May 2017 regarding the review of the Public Parks and
Land for Community Facilities network required for the new Local Government Infrastructure Plan
(LGIP) under The Noosa Plan 2006 and:
A. Approve the Plans for Trunk Infrastructure (PFTI) Maps provided in Attachment 3 to the
report;
B. Approve the Schedule of Works (SOW) provided in Attachment 2 noting that the cost
estimates may be refined following completion of the excel SOW Model; and
C. Note that further amendments will be made to the SOW and incorporated in a subsequent
LGIP to be prepared for the new Planning Scheme that reflects Council’s adopted Sport
and Active Recreation Plan and Recreation Parks Plan.
Ordinary Meeting, 20 July 2017, Item 6, Page 7
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 11 July 2017 regarding the review of the Stormwater
network required for the new Local Government Infrastructure Plan (LGIP) under The Noosa
Plan 2006 and approve:
A. The Plans for Trunk Infrastructure (PFTI) Maps provided in Attachment 2 to the report
noting the service catchments being limited to the Priority Infrastructure Area (PIA) area for
preparing the SOW model;
B. The Stormwater Network Future Projects for including in the LGIP Schedule of
Works(SOW) provided in Attachment 1 noting that the base costs estimates will be refined
following completion of the excel SOW Model; and
C. Note that further amendments will be made to the SOW and incorporated in a subsequent
LGIP to be prepared for the new Planning Scheme that reflects Council’s further network
planning.
Ordinary Meeting, 20 July 2017, Item 7, Page 8
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 11 July 2017 regarding the review of the Transport
network required for the new Local Government Infrastructure Plan (LGIP) under The Noosa
Plan 2006 and approve:
A. The Plans for Trunk Infrastructure (PFTI) Maps provided in Attachment 2 to the report
noting that the locality sub-catchments will be combined into two larger transport
catchments for the Noosa Coastal Area and the Noosa Hinterland Area when preparing the
SOW model;
B. The Transport Network Future Projects for including in the LGIP Schedule of Works(SOW)
provided in Attachment 1 noting that the base costs estimates will be refined following
completion of the excel SOW Model; and
C. Note that further amendments will be made to the SOW and incorporated in a subsequent
LGIP to be prepared for the new Planning Scheme that reflects Council’s further network
planning.
Page 17 of 65
Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Ordinary Meeting, 21 September 2017, Item 8, Page 7
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 12 September 2017 regarding the remaining
requirements for the Schedule of Works (SOW) Model for the new Local Government
Infrastructure Plan (LGIP) under The Noosa Plan 2006 and approve:
A. The methodology used to determine existing trunk infrastructure network items from
Council’s Geographic Information System (GIS) and current replacement costs obtained
from Council’s Financial Asset Register;
B. The Generic Land Valuation prepared by CBRE Valuations Pty Limited dated
February2012 provided in Attachment 1 to the report and indexed to the LGIP June 2014
base date as the basis for applying a uniform generic land cost in the Schedule of Works
Model (SOW) for all existing and future land;
C. A minor amendment to the Schedule of Works (SOW) future items for the Public Parks&
Land for Community Facilities Network provided in Attachment 2 to the report noting that
the cost estimates will be refined following completion of the excel SOW Model;
D. The LGIP Briefing Note provided in Attachment 3 to the report providing the basis for the
Infrastructure Network Demand Assumptions and Conversions; and
E. Note that following completion of the SOW model, draft LGIP and Independent Reviewer’s
first review, a further report on the complete draft LGIP will be presented for Council’s
consideration and adoption to proceed to the Minister’s first State review.
Finance & Risk
Council needs to have amended its current Priority Infrastructure Plan (PIP) to a Local
Government Infrastructure Plan (LGIP) by 30 June 2018 in order to continue issuing
infrastructure charges and impose conditions about trunk infrastructure on development.
Since January 2014 to September 2017, $8,779,704 has been collected in infrastructure charges
equating to a current average of $195,105 per month or $2,341,254 per annum. The 2017/2018
budget has conservatively estimated the infrastructure charges revenue at $1,867,359.
A long term risk of LGIPs is the commitment ultimately made to provide future infrastructure at
the desired standards of service to meet development growth.
Consultation
External Consultation - Community & Stakeholder
Unitywater;
Department of Transport and Main Roads;
Integrated Infrastructure Planning (Independent Reviewer).
Internal Consultation
The Draft LGIP has been prepared with input from Directors, Managers, Coordinators and
Officers within the Environment & Sustainable Development, Infrastructure Services, Community
Services and Corporate Services Departments.
Page 18 of 65
Section 19
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Departments/Sections Consulted:
Chief Executive Officer X Community Services X Corporate Services
Executive Officer X Community Development X Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development X Infrastructure Services
Community Engagement Building & Plumbing Services X Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
X Strategic Land Use Planning X Infrastructure Planning,
Design and Delivery
Page 19 of 65
Section 20
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
ATTACHMENT 1
Page 20 of 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
ATTACHMENT 1
Flow diagram of the process for making a
local government infrastructure plan
PART B - STAGE 1—Planning and preparation
LG decides to make an LG prepares a Appointed reviewer LG provides the
LGIP amendment ——_ proposed LGIP and provides a written ———_»—S— Proposed LGIP and
a consults with relevant statement and the supporting information
state agencies or completed checklist to to the Minister
Distributor Retailer as the LG ne
part of the drafting
If insufficient LG provides the Appointed reviewer considers
information is proposed LGIP and whether the proposed LGIP
provided, Appointed + _ supporting information ——> appropriately complies with and
reviewer seeks more to the Appointed addresses any relevant
information from the reviewer who requirements identified in the
LG considers the statutory guideline for LGIPs and
ue information provided completes the supporting
sree tc smmmnnae gee me een orn information
| 12 months |
Minister considers the Minister considers whether the Minister advises LG
information provided proposed LGIP appropriately that it may proceed to
complies with and addresses any Stage 3 with, or
relevant requirements identified without, conditions;
in the statutory guideline for return to Stage 1; or
. we . LGIPs, whether it is consistent not proceed
r proviied, kitioler with the SPSP the completed
. . checklist and the Appointed
peeks m "co information reviewer's written statement
Page 20 of 65Section 21
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Page 21 of 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
PART B - STAGE 3—Public consultation
LG carries out public j LG considers each i Appointed reviewer f Minister reviews the i
consultation about the properly made provides a written information and
proposed LGIP and —— > _ submission and decides — statement and the —— decides whether or not
the public provide whether or not tomake ~ completed checklist to the LG may proceed to
submissions changes to the the LG. LG provides adopt the proposed
(30 business days) proposed LGIP in proposed LGIP (with or LGIP (with or without
~~, response to without changes) and conditions) or
submissions. If changes — supporting information to undertake other
make the proposed the Minister actions that may be
eee: | LGIP significantly required
beginning of Stage 3 ‘
different—return to the . fm
_ ie Appointed reviewer '
considers whether the
proposed LGIP
LG provides the appropriately complies
If insufficient i proposed LGIP and ; with and addresses any
information is +—« supporting information ——— relevant requirements
provided, Appointed to the Appointed identified in the statutory
reviewer seeks more reviewer who guideline for LGIPs and
information from the considers the completes the supporting
LG information provided information 7
————————————_......!||| ummseaiaesecammecs space ctr at ee Pal
l 55 business days | | 20 business days |
LGIP conditions adoption and
commencement of the
LGIP and provides an
the notice to the chief
LG notifies that it is not executive
proposed LGIP proceeding with the
proposed LGIP and
provides a copy of the
notice to the chief
executive
Page 21 of 65Section 22
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
4 APPEAL NO. 3560 OF 2017 DEVELOPMENT APPLICATION TO EXTEND THE
CURRENCY PERIOD FOR DEVELOPMENT PERMIT TO RECONFIGURE A LOT (52
LOTS & PARK) AT 191 HOLLETT ROAD, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Manager Development Assessment, Kerri Coyle
Environment and Sustainable Development Department
Index ECM/ Application/ 152006.1999.2/ Case/ Hofmann
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager, Development to the Planning & Environment
Committee Meeting dated 7 November 2017 regarding Planning & Environment Court Appeal
No. 3560 of 2017 and agree to defend the appeal.
REPORT
A report on this application to extend the currency period of a Development Permit to
Reconfigure a Lot for 52 rural residential type lots and park by 2 years to 5 July 2019 was
considered at Council’s Ordinary Meeting on 17 August 2017. The report to Council concluded
that the development approval which had stemmed from a rezoning approval given in 1997 was
not consistent with the current laws and policies applying to the development, the community was
unlikely to be aware of the proposal, significant time had lapsed and bushfire and ecological
reports were outdated.
Accordingly, Council resolved to refuse the application for the following reasons:
1. The approval is not consistent with the South East Queensland Regional Plan as the
development would result in the creation of an urban settlement within an area where the
intent is to protect the landscape and the capacity for rural production and the development
would be prohibited under the Planning Regulations 2017.
2. The approval is not consistent with the Noosa Plan 2006 as the proposed urban
development is not located within an established village and would result in fragmentation
of land holdings outside of areas already allocated for such purpose by the Noosa Plan.
The development is also partly located within the Riparian Buffer area identified for
protection by the Biodiversity Overlay.
3. The approval is contrary to the South East Queensland Koala Conservation State Planning
Regulatory Planning Provisions as the development will result in the removal of non-
juvenile koala habitat trees.
4. Different bushfire hazard mapping to that used for the initial approval applies as the State
Planning Provisions came into effect after the original approval and results in a higher
hazard rating. The higher hazard rating may require changes to setback/buffer areas and
an amended subdivision layout. An updated bushfire management plan has not been
submitted to enable an assessment of the current bushfire hazard.
5. Significant time has lapsed since the ecological assessment reports were originally
submitted and the information in these reports is now outdated. Updated ecological reports
have not been submitted.
Page 22 of 65
Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
6. The community is unlikely to be aware of the proposal given the significant time that has
lapsed, the Noosa Plan’s current zoning and no works have commenced on site.
An appeal was lodged with the Planning & Environment Court on 19 September 2017 submitting
that Council’s decision was wrong and that the request should have been approved.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting, 17 August 2017, Item 5, Page 5
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee dated 11 July 2017 and the further report to the Ordinary Meeting dated 20 July 2017
and refuse Application No. 152006.1999.01 for an extension to the Relevant Period for a
Development Permit to Reconfigure a Lot (52 lots and park) situated at 191 Hollett Road,
Noosaville for the following reasons:
1. The approval is not consistent with the South East Queensland Regional Plan as the
development would result in the creation of an urban settlement within an area where the
intent is to protect the landscape and the capacity for rural production and the development
would be prohibited under the Planning Regulation 2017.
2. The approval is not consistent with the Noosa Plan 2006 as the proposed urban
development is not located within an established village and would result in fragmentation
of land holdings outside of areas already allocated for such purpose by the Noosa Plan.
The development is also partly located within the Riparian Buffer area identified for
protection by the Biodiversity Overlay
3. The approval is contrary to the South East Queensland Koala Conservation State Planning
Regulatory Planning Provisions as the development will result in the removal of non-
juvenile koala habitat trees.
4. Different bushfire hazard mapping to that used for the initial approval applies as the State
Planning Provisions came into effect after the original approval and results in a higher
hazard rating. The higher hazard rating may require changes to setback/buffer areas and
an amended subdivision layout. An updated bushfire management plan has not been
submitted to enable an assessment of the current bushfire hazard.
5. Significant time has lapsed since the ecological assessment reports were originally
submitted and the information in these reports is now outdated. Updated ecological reports
have not been submitted.
6. The community is unlikely to be aware of the proposal given the significant time that has
lapsed, the Noosa Plan’s current zoning and no works have commenced on site.
Finance & Risk
Should the matter proceed to trial there will be costs in defending the appeal. It is premature to
advise on potential prospects of the appeal.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes Solicitor
Page 23 of 65
Section 24
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 24 of 65
Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
5 REC17/0011 - DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (2 LOTS INTO
21 LOTS) AT 29 AND 35A TAIT STREET AND 20 EAGLE DRIVE, TEWANTIN
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphyphy
Environment and Sustainable Development Department
Index ECM/ Application/ REC17/0011
Attachments 1. Proposed layout
APPLICATION DETAILS
Applicant Eagle Rise Developments Pty Ltd
Proposal Development Permit to Reconfigure a Lot - 2 Lots into 21 Lots
Properly Made Date 05 April 2017
Information Request Date 21 April 2017
Information Response Date 10 July 2017
Decision Due Date 16 November 2017
PROPERTY DETAILS
Property Address 29 & 35A Tait Street, and14 & 18 Eagle Drive, Tewantin
RP Description Lot 3 RP 149498
Lot 10 SP 241386
Lot 31 RP 149497
Lot 6 RP 149498
Land Area 634 m²
15040 m²
845 m²
1417 m²
Existing Use of Land Detached House
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Tewantin
Zone Detached Housing
Overlays Natural Hazards Overlay (Acid Sulphate Soils)
Assessment Type Code
Page 25 of 65
Section 26
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 7 November 2017 regarding Application No. REC17/0011 for a
Development Permit to Reconfigure a Lot - 2 Lots into 21 Lots situated at 29 & 35A Tait Street,
and 14 & 18 Eagle Drive, Tewantin and approve the application in accordance with the following
conditions:
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
1702 A Eagle Drive – Tewantin 18.10.2017
Detailed Lot Layout prepared by Haynes
Consulting Engineers
2. The north-eastern corner of proposed Lot 15 and the south-eastern corner of proposed Lot
12 must be truncated to provide a minimum 3.5m wide verge from the new kerb line. The
truncations must be created with 3 chords.
New Road
3. The new road (extension of Eagle Drive) shown on the Approved Plans must be
constructed in accordance with the conditions of this Decision Notice and dedicated as
road reserve at no cost to Council.
4. The works must be undertaken in accordance with an Operational Works approval and
must include in particular:
a. an “access” road in accordance with Council’s Planning Scheme Policy 5 – Engineer
Design Standards – Roads, Drainage and Earthworks (reserve width of 15 metres
minimum and a carriageway width of 6 metres kerb to kerb)
b. sealing, drainage, kerbing and channelling
c. construction of pedestrian footpaths as shown on the approved plans
d. installation of street lighting
5. The new road must terminate in a cul-de-sac with a circular turning area of sufficient size to
accommodate the single forward motion turn of a Waste Collection Vehicle (WCV) clear of
private driveways on-street parking and speed control devices or if the adjoining property to
the east (No 28 Elkhorn Drive - Lot 70 M37807) has been developed the “access” road
formation must extend to and match smoothly with the existing formation within Lot 70
M37807, whichever is applicable at the time of construction.
External Works
6. Access to proposed Lots 7 and 8 must be from the Road 86419 frontage only (northern
boundary) and the approved plans amended accordingly. The works must be undertaken in
accordance with an Operational Works approval and must be constructed prior to the
sealing of the survey plan. The works must include in particular:
a. a half road construction consisting of 3m wide seal, kerbing and channelling and
extend from the Tait Street formation to the eastern boundary of proposed Lot 8
b. the intersection with Tait Street
c. the northern half of the new road constructed with a gravel formation
Page 26 of 65
Section 27
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
d. the realignment of the existing vehicle track to join to the end of the southern half of
the new road;
e. the removal of the redundant sections of the existing vehicle track and the areas
turfed or grass seeded;
f. the construction of the vehicle access to proposed Lots 7 and 8.
Stormwater Quantity
7. The new stormwater works must be constructed in accordance with the approved plans
and the works must be undertaken in accordance with an Operational Works approval.
8. The stormwater elements of the development, including the basin at 14 Eagle Drive, are to
be built in accordance with the BSM stormwater report Detailed Design of Stormwater
Detention Volume dated 18.09.2017, letter from BSM dated 13.10.2017, letter from Haynes
Consulting Engineers dated 11.10.2017 and accompanying plans. Where design elements
will be finalised at a later stage, these will be in accordance with the relevant codes,
standards, guidelines and Council’s requirements.
9. All basin retaining structures are to be structurally certified to Council’s design life as part of
operational works design and certification is to be provided to Council prior to plan sealing.
10. Appropriate protection will be provided against scour at basin inflow and outflow points.
Stormwater Quality
11. Prior to Council accepting water quality treatment device assets “Off Maintenance”, the
applicant must provide Council with a Schedule of Maintenance Costs for all activities
undertaken to maintain the bio retention basins in accordance with the most current version
of Healthy Waterways Bio-retention Basin Maintaining Vegetated Stormwater Assets
Guidelines. The schedule shall include records of actual costs of maintenance work
undertaken.
12. Existing native trees on the site and in the road verge must be retained in accordance with
an Arborist Report for the development and referenced in a Development Permit for
Operational Works. The existing native trees to be retained must be located clear of
proposed services, not present a nuisance to neighbouring properties and generally
suitable for the proposed location.
13. Vegetation must only be removed or disturbed in accordance with a Fauna Management
Plan (or part thereof) and endorsed through an Operational Works approval.
Landscaping Works
14. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. Provision of 1 native street tree within the road reserve for every 8 metres of new
road.
b. 100mm deep mulching and landscaping to any batter within road reserves that
exceed 1 in 4 slope (25%).
c. Turf and garden beds to road reserve, including retained trees.
d. Retaining walls within the bio-basin must be constructed or permanently faced with
materials which provide for a natural appearance such as sandstone, bluestone,
granite or the like.
Page 27 of 65
Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
e. Removal of all weeds species listed in the following standards and legislation.
i. 3.4.1.declared plants under the Land Protection (Pest and Stock Route
Management) Act 2002 and sub-ordinate Regulation 2003.
ii. 3.4.2.The Noosa Local Government Area Pest Management Plan 2015-2019
15. All landscape works must be established and maintained in accordance with horticultural
best practice with construction techniques that allow for healthy, sustained and vigorous
plant growth. All plant material must be allowed to grow to full form.
16. All entry statements, fences, batters, retaining walls and buffer/screen plantings must be
located entirely within private land and not within the public road reserve.
17. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
Estate Entrance Feature
18. Any proposed estate entrance feature must:
a. reflect a subdued local character, rather than an overbearing or contrived statement
b. comprise feature vegetation (either existing or planted) in preference to built forms
c. integrate with the landscape design of the balance of the estate
d. be constructed of durable and low maintenance materials
e. be treated with a graffiti resistant coating
f. not restrict pedestrian access
Any estate entrance works must be undertaken in accordance with an Operational Works
approval.
Property Access and Driveways
19. A residential driveway must be constructed to each lot. The works must be undertaken in
accordance with an Operational Works approval.
20. The access driveways to service Lots 8, 20 and 21 must extend for the full length of the
access handle. The works must be undertaken in accordance with an Operational Works
approval.
21. Vehicle access to Lot 7 is limited to the Road 86419 frontage only (northern boundary). A
clause must be included in the contract of sale for Lot 7 which prohibits vehicle access
being taken from Eagle Drive.
Pedestrian and Bicycle Facilities
22. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in
particular:
a. a 2 metre wide footpath within the road verge for the entire length shown on the
approved plans.
b. A 1.5 metre wide footpath must be provided on the northern side of the bio-basin
extending from Eagle Drive to Clarey Park and a pool fence must be provided
between the footpath and the bio-basin
Page 28 of 65
Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Electricity and Telecommunication Services
23. Underground reticulated electricity and telecommunication services must be provided to
each lot in accordance with an approval for Operational Works and the standards and
requirements of the relevant service provider.
24. Unless otherwise stipulated by telecommunications legislation at the time of construction,
the development must be provided with all necessary conduits, pits and pipes to
accommodate the future connection of optic fibre technology telecommunications.
25. Certification must be submitted to Council from all relevant service providers which certifies
that the development has met the requirements of this Decision Notice and all applicable
legislation at the time of construction.
Easements
26. A minimum 1.5 metre wide easement for drainage purposes must be registered against the
title/s of the burdened properties in favour of the benefitted properties over the proposed
easements identified on the Approved Plans. The easements must of sufficient width to
wholly encompass the drainage structures and the associated overland flowpaths.
27. An easement for access and service purposes must be registered against the titles of
proposed Lot 21 in favour of proposed Lot 20
28. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
29. All easements must be designed in accordance with the planning scheme and granted at
no cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
30. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
31. All fill and associated batters must be undertaken in accordance with an Operational Works
approval, and contained entirely within the subject site unless written permission from the
respective landowner(s) is provided to Council.
32. All fill and associated batters must be contained entirely within the subject site unless
written permission from the respective landowner(s) is provided to Council. All earthworks
must be undertaken in accordance with the provisions of Australian Standard AS3798:
Guidelines on Earthworks for Commercial and Residential Developments.
REPORT
1. PROPOSAL
This application seeks to reconfigure 2 existing residential lots into 21 residential house lots. The
other two lots which form part of the application are to be used for the purpose of stormwater
management.
The two lots to be reconfigured are 35A Tait Street and 20 Eagle Drive, Tewantin.
A stormwater easement is proposed for 29 Tait Street and 14 Eagle Drive is proposed to be
utilised for the purpose of a detention basin (drainage reserve).
The first stage of the reconfiguration will result in the creation of 10 lots with an additional 11 lots
to be created in the second stage. All new lots are at least 600m 2 and two of the three proposed
battle-axe lots are in excess of 800m2.
Page 29 of 65
Section 30
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
The application is before Council due to the significant number of lots to be created, the
proposed stormwater treatment arrangement which involves the use of an existing residential lot
for the purpose of a retention basin and the proposed road connection with the adjoining lot to
the east.
The following image details the proposed lot layout; this is also provided at Attachment 1. Stage
1 is identified in yellow and stage 2 in pink.
Figure 1 – Layout plan
Page 30 of 65
Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
The following image details the properties involved in the application.
Figure 2: Subject sites
The following image identifies the properties to be reconfigured in blue and the sites associated
with stormwater in yellow.
Figure 3: Lot purposes
Page 31 of 65
Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
2. SITE DETAILS
2.1. Site Description
The four subject sites incorporate a total area of 17,928m2, of which 16,450m2 is for subdivision
purposes, and is situated in the Detached Housing Zone of the Tewantin and Doonan Locality.
All of the proposed sites are currently used for Detached Housing.
Lots to be reconfigured:
20 Eagle Drive comprises a single detached dwelling house located centrally on the eastern
boundary of the site. The lot is covered with existing vegetation which is not identified as
Environmental Enhancement or Protection Overlays under the Noosa Plan or remnant vegetation
according to the State Regulated Vegetation Management Map. All of the existing structures and
necessary vegetation on site will be removed in order to provide for the proposed development.
35A Tait Street currently comprises a single detached dwelling house located on its frontage to
Tait Street. An associated shed structure is located in the southeast corner of the allotment. All of
the existing structures and necessary vegetation on site are proposed to be demolished in order
to provide for the proposed development.
Lots for stormwater:
14 Eagle Drive currently contains a single detached dwelling house and associated shed
structure. As this land is being dedicated as Drainage Reserve, the current structures will be
removed as part of the proposal.
29 Tait Street currently contains a single detached dwelling house and associated shed
structure. As this lot is not part of the land being subdivided, the structures will remain in their
current state as part of the proposal.
The subject site is located approximately 1km from the Tewantin Township to the south.
2.2. Surrounding Land Uses
Land located directly north and south of the subject site is likewise included within the Detached
Housing Zone of the Tewantin & Doonan Locality Area, whilst the west of the subject site is
zoned Semi-Attached Housing, Open Space Recreation (Clarey Park and Noosa Caravan Park)
and Community Services (Noosa Nursing Centre, further southwest) zoned lots. Land
immediately adjacent to the Noosa River is included within the Open Space Conservation Zone.
Properties which adjoin the site are zoned detached housing and are mostly developed for
detached houses. Land immediately to the east of the subject site has an area of 12,938m 2 and
is subject to a current development application for 11 lots.
Figure 4: Adjoining property
Page 32 of 65
Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policies
The State Planning Policy has been deemed by the Minister for Local Government and Planning
as appropriately reflected in the Planning Scheme and therefore does not warrant a separate
assessment.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against each of the following provisions to the extent they are
relevant to the development:
Tewantin and Doonan Locality Code
Reconfiguring a Lot Code
Landscaping Code
Engineering Works Code
Locality Provisions
The subject site is located in the Tewantin and Doonan Locality and is zoned Detached Housing.
The proposed reconfiguration is required to follow a code assessable application process.
The following provisions of the Noosa Plan are considered to be relevant to the assessment of
the application:
Page 33 of 65
Section 34
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Desired Environmental Outcomes
j) Residential Uses
Urban and rural settlement for residential use is contained within the defined urban growth
boundaries shown on zoning maps ZM1- ZM9 by –
i development being within the planned capacity for roads, community services and
infrastructure for the particular locality;
vi being conveniently located with access to urban services employment and
infrastructure;
vii being suitably separated from incompatible land uses;
Tewantin and Doonan Locality Code
12.7.2 The overall outcomes sought for the Tewantin & Doonan Locality are the following
a) New uses and works are located, designed and managed to—
i be compatible with other uses and works;
iii avoid significant adverse impacts on the amenity enjoyed by users of other
premises including acoustic and visual qualities; and
iv avoid significant adverse effects on the natural environment, including native
habitat removal, fragmentation and attrition;
c) Urban development is limited to land within the Urban Growth Boundary as shown
on Map ZM9;
m) The Tewantin & Doonan Locality retains its primary role of providing housing for
permanent residents;
o) Tewantin maintains the atmosphere of a small country town with residents enjoying
high levels of convenience and accessibility to urban services;
The proposal is consistent with the relevant Desired Environmental Outcomes and the Tewantin
and Doonan Locality Code as the proposal provides for new lots within the urban growth
boundary on suitably zoned land within an existing residential area.
The proposed lots accord with the minimum lot area requirements, some of the lots require
variation to the minimum width of 17 metres however these variations are minor being 0.5 and
0.7 metres and are consistent with surrounding lots and the proposed lots will comfortably
accommodate a detached house. The site is situated within approximately 1.2km of the Tewantin
business centre. Therefore, new residential development on the lots will be conveniently located
with access to local employment, urban services and infrastructure.
The supporting documents submitted with the application note that existing vegetation will be
retained where appropriate. However, it is most likely that works associated with reconfiguration
and future development of the site will result in the removal of a significant amount of the existing
vegetation from the site.
A visual assessment of the vegetation has determined the majority of the vegetation is exotic
pine trees (Pinus spp.), with the remaining approximately 30% being native species, consisting of
a range of age classes with few mature species. The native species include Glochidion ferdinandi
(Cheese tree), Melaleuca quinquenervia (Paperbark), Eucalyptus tereticornis (Blue gum),
Eucalyptus tessellaris (Moreton Bay ash) and Syncarpia glomulifera (Turpentine). Generally, the
understorey consists of mown lawn areas, and copses of weeds, including Singapore Daisy and
Easter Cassia.
The Biodiversity Overlay does not apply to the site. It is also noted that the land has been zoned
to facilitate urban development and that building footprints will necessitate vegetation removal.
Page 34 of 65
Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Conditions can be applied to retain clusters of semi-mature native vegetation in the suitable
areas on the lots and suitable trees in the road reserves. Clearing of vegetation and potential for
harm to fauna can be managed through conditions applied to the operational works permits.
Overlay Provisions
Natural Hazard Overlay - Acid Sulfate Soils
The Natural Hazard Overlay maps the site as being included in the Acid Sulphate Soils Area. No
earthworks are proposed as part of the reconfiguration application. Accordingly the management
of acid sulphate soils will be addressed during the Operational Works application stage.
3.4. Primary Planning Scheme Assessment Issues
The application has been found to generally comply with all applicable statutory instruments. The
proposal raises a number of pertinent issues arising out of the assessment which are discussed
below.
Variation to lot dimension requirements
The Reconfiguring a Lot code prescribes minimum lot average width of 17 metres for new lots
and the application seeks a minor variation required for 4 of the proposed 21 lots. These lots are
identified as lots 1, 15, 16 and 17. The variations are minor in nature with the minimum average
widths for these lots being:
Lot 1: 16.3 metres
Lot 15: 16.5 metres
Lot 16: 16.5 metres
Lot 17: Variation due to curved frontage
The variations will not have a detrimental effect on future development of the lots as they are
minor variations and the lots comply with the minimum lot area requirement of 600m2 and are
capable of accommodating a new dwelling with compliant setbacks.
However, proposed Lot 7 falls below the minimum lot size of 800m2 for a battle-axe lot being
739m2. The substantial shortfall maybe rectified by requiring this lot to gain access from the
unnamed road and constructing part of this road.
Stormwater
The resultant stormwater management plan provides for:
A new storm water easement through 29 Tait Street which will contain a pipe connected to
the Tait Street stormwater system;
A stormwater easement along the southern boundary to cater for flows from the adjoining
eastern property; and
Removal of an existing house at 14 Eagle Drive and construction of a detention and
stormwater basin.
The basin will become a Council asset and the lot will become a drainage reserve. The location
of the basin is reasonable given it abuts existing parkland.
The detention basin includes retaining walls and whilst the applicant has attempted minimise the
height of these walls, the detention volume has made these necessary. The maximum height of
the retaining walls is approximately 0.94 metres. To ensure public safety fencing is proposed
around this basin. The fencing will comprise 1.8 metre paling fencing to the side boundaries and
pool fencing to the front and rear boundaries. It is recommended that a condition provide for a
footpath providing for access from Eagle Street to Clarey Park.
Page 35 of 65
Section 36
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
The visual impact of the retaining walls is limited due to their minor height and alignment parallel
to the existing side boundaries. It is recommended that a condition address the appearance of
the retaining wall by requiring the use of natural looking materials.
Connectivity to adjoining development
The proposed reconfiguration seeks to extend Eagle Drive to service all of the proposed new lots
except for the residual lot at 35A Tait Street which will maintain access from Tait Street. The
applicant proposed that the extension of Eagle Drive terminate in a cul-de-sac adjacent to
proposed lots 13 and 14.
Eagle Drive should be extended to provide for a future connection through the adjoining property
to the east through to Elkhorn Drive. The resultant connectivity will provide for a continuous route
between Eagle Drive and Elkhorn Drive. This new route will provide an improved outcome for
residents and for service and emergency vehicles.
The connectivity may be addressed by conditions which will require that an interim turning bowl
be provided as a turning area for waste and emergency vehicles until such time that both
developments are completed and the road is connected.
Frontage to unnamed road
Probable Solution 4.1 of the Reconfiguring a Lot Code requires that lots are arranged to front
streets and public open spaces. The proposed lot access from Eagle Drive results in
development which will ‘turn its back’ to the unmade road situated to the north of proposed lots 6,
7 and 8. The outcome of development on these lots may result in a continuous fencing
arrangement to the northern extent of these lots of approximately 60 metres. A 60 metre long
fence is an unsatisfactory outcome particularly when there is an opportunity for an active street
frontage to this road.
To facilitate an active street frontage a condition to the approval will require that lots 7 and 8 front
the currently unnamed road rather than have access via a battle-axe driveway.
The alteration to the access for these lots will result in a requirement for public works in the form
of kerb and channel to the southern side of the unnamed road and a three metre wide road
pavement. Furthermore the non-compliance of lot 7 with the area requirements for a battle-axe
lot will be rectified as it will now achieve compliance with the 600m2 minimum area requirement
for a residential lot.
4. CONSULTATION
4.1. IDAS Referral Agencies
No referral to IDAS Referral Agencies were required.
4.2. Other Referrals
The application was forwarded to the following internal Council specialists:
Development Engineer - Engineering
Environment Officer - Landscaping
External consultant - Stormwater
Their assessment forms part of this report.
Page 36 of 65
Section 37
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
5. CONCLUSION
The proposal demonstrates significant compliance with the relevant measures in the Noosa Plan
and is situated within an existing residential area within close proximity of the Tewantin
commercial precinct and associated urban services. The application has provided for a lot
arrangement which generally complies with area and dimension requirements and has
satisfactorily demonstrated an appropriate technical response to stormwater management.
Recommended conditions provide for improved arrangements regarding connectivity between
the subject site and the adjoining land to the east for which a current reconfiguration application
is currently being assessed and provides for an active frontage to the unnamed road adjacent to
the northern boundary.
Departments/Sections Consulted:
Chief Executive Officer x Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
Strategic Land Use Planning x Infrastructure Planning,
Design and Delivery
Page 37 of 65
Section 38
Page 38 of 65
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Page 38 of 65Section 39
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
6 MCU17/0028, OPW17/0120 & REC17/0012 - REQUEST FOR NEGOTIATED DECISION
NOTICE - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE - MULTIPLE
HOUSING TYPE 2, RECONFIGURE A LOT & OPERATIONAL WORKS SITUATED AT
23 TEWANTIN RD, COOROY
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/ MCU17/0028/ REC17/0012/ OPW17/0120
Attachments Nil
APPLICATION DETAILS
Applicant Tea 4 Two Pty Ltd TTE
Proposal Request for Negotiated Decision Notice for Development Permit
for Material Change of Use of Premises - Multiple housing Type 2
- Duplex
Decision Approval 17 August 2017
PROPERTY DETAILS
Property Address 23 Tewantin Rd Cooroy Qld 4563
RP Description Lot 102 C 5604
Land Area 1012m²
Existing Use of Land Residential Dwelling
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroy and Lake Macdonald
Zone Semi-attached housing
Overlays Nil
Assessment Type Code
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 7 November 2017 regarding representations to change conditions of a
Development Permit for a Material Change Of Use for Multiple Housing Type 2 (MCU17/0028),
Reconfigure A Lot - 1 Lot Into 2 Lots (REC17/0012) And Operational Works - Engineering Works
(OPW17/0120) situated At 23 Tewantin Road, Cooroy and:
A. Refuse to delete Condition 3 for the following reasons:
1. The condition is consistent with the Noosa Plan requirements for the Cooroy and
Lake Macdonald Locality and surrounding properties consistently have roof forms of
at least 12 degrees.
Page 39 of 65
Section 40
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
2. The roof of the new dwelling will be visible to adjoining properties and from Kauri
Street.
3. The increased height attributed to the increased roof pitch will not result in
development that is excessively bulky.
B. Refuse to change condition 29 for the following reasons:
1. Community Title Statement’s do not regulate development and provide no certainty
as to what development will occur on the site.
2. The proposed change is contrary to the outcome intended by the Noosa Plan as the
Noosa Plan only permits smaller lots through community title subdivision where there
is an approved development and the lot size is reflective of the approved
development.
REPORT
1. PROPOSAL
The applicant has requested a Negotiated Decision Notice for the Development Permit for a
Material Change of Use for Multiple Housing Type 2, Reconfigure a Lot (1 lot into 2 lots) and
Operational Works (Engineering Works), at 23 Tewantin Road Cooroy; which was issued on 17
August 2017.
Pursuant to Section 361 of the Sustainable Planning Act the applicant has requested that a
Negotiated Decision Notice be issued addressing conditions 3 and 29 contained within the
Decision Notice.
Condition 3 states:
The roof of the new dwelling must have a roof pitch of no less than 12 degrees and have
minimum 600mm eaves to at least 75% of the perimeter of the building.
Condition 29 states:
Unless otherwise stated, all works required by the conditions of this Decision Notice must be
completed prior to submission of the subdivision plan to Council for plan sealing
2. SITE DETAILS
2.1. Background
On 17 August 2017 a Development Permit was issued for a Material Change of Use for a
Multiple Housing Type 2 – Duplex, Operational Work (Engineering Works) and Reconfiguration of
a Lot - 1 Lot into 2 Lots.
The development involves the retention of the existing dwelling which faces Tewantin Road and
the construction of a second dwelling unit to the rear of the site which will face Olivine Lane.
Works associated with the front unit include a new vehicular access from Tewantin Road leading
to a carport and tandem visitor space located along the eastern boundary.
The new rear unit is to be a single storey 3 bedroom dwelling, clad with weatherboard and
pitched roof form. This unit takes vehicular access from Olivine Lane and provides an enclosed
garage attached to the unit and a separate visitor carparking space and manoeuvring to the front
of the site. (refer figure 1)
Page 40 of 65
Section 41
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Figure 1 – Site plan and elevations
Page 41 of 65
Section 42
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
The approval also allows for the reconfiguration of the lot to create a Community Title Scheme
with services constructed for each lot. Lot 1, which contains the existing dwelling, has an area of
494m² with the rear lot 2 having an area of 514m².
Operational Works approval was provided for road works and stormwater.
The application was a code assessable application and was referred to the Planning &
Environment Committee meeting due to the conditions proposed for the widening of Olivine Lane
and staging of the subdivision.
2.2. Site Description
The site is a rectangular shaped parcel of land located on the north western side of Tewantin
Road, Cooroy. The site has frontage to both Tewantin Road and Olivine Lane and slopes down
from the Tewantin Road frontage to Olivine Lane with a fall of approximately 4 metres and slope
of 15%.
An existing single storey brick dwelling is located on the site 4.5 to 5.0 metres from the Tewantin
road frontage. Existing vegetation is limited to amenity landscaping around the periphery of the
site.
2.3. Surrounding Land Uses
The site is located in an established residential area that is characterised by low set residential
dwellings, however, is experiencing change with a number of sites being developed for units.
Specifically, the site directly to the west of the site at 21 Tewantin Road has been developed for
three, two storey units, whilst the northern section of Olivine Lane has a number of duplex
dwellings developed. The following image details the site and its location:
Figure 2: Subject site
Page 42 of 65
Section 43
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
3. ASSESSMENT
Condition 3
3. The roof of the new dwelling must have a roof pitch of no less than 12 degrees and have
minimum 600mm eaves to at least 75% of the perimeter of the building.
Issue:
Request to delete condition 3.
Applicant’s Representation:
The written submission accompanying the application states:
The applicant seeks the deletion of this Condition to permit the construction of a dwelling with a 6
degree roof pitch as shown on the original plans of development.
The existing dwelling fronts Tewantin Road and its private open space has been designed to
permit views to the rear; to the adjacent vegetation, open spaces and distant rural vistas. A 12
degree roof pitch on the rear of the dwelling will directly impact on the amenity of the front
dwelling.
The increase of the roof pitch from 6 degrees to 12 degrees will increase the height of the leading
roof edge of the roof by 1.1 metres. A steeper roof pitch will have an adverse impact upon the
existing house as significantly more of the roof will be exposed to view from the private open
space of the front house. There is also a risk of increased exposure of reflection from the steeper
roof pitch.
The proposed dwelling faces to the north-west and a higher roof pitch will expose more wall
surface to the hot western afternoon sun. The building designer was conscious of this issue and
proposed a lower pitch to lessen the reliance on artificial cooling in summer.
The proposed new dwelling was designed to have minimal impact upon the amenity of the
existing dwelling and the adjacent properties by adopting a low profile roof form.
The front dwelling fronts Tewantin Road and the rear dwelling is proposed to be constructed
behind the front dwelling and therefore will have no visual impact upon the streetscape of
Tewantin Road.
Skillion roofs and steeper roof pitches are both part of the local architectural vernacular of
Cooroy. The existing weatherboard garage, which is approximately 60 years old, has a skillion
roof of approximately 5° pitch. The adjacent unit development (3 units approved in 2008)
incorporates skillion roofs in the building form.
The applicant believes that the increased impact upon the front dwelling and adjacent dwellings
negate the requirement to provide a 12° roof pitch on the rear dwelling.
Accordingly the applicant respectfully requests the deletion of Condition 3.
Assessment:
The applicant refers to the adjoining property at 21 Tewantin Road noting that it has a skillion
roof. This property was redeveloped in 2010 and now contains 3 dwelling units. A condition of the
approval required that the main roof of the buildings have a minimum roof pitch of 12 degrees.
In addition to the adjoining property a number of dwellings within proximity of the site consistently
have roof forms of at least 12 degrees.
In this instance the roof slopes away from Olivine Lane however the side of the dwelling unit will
be visible to adjoining dwellings, to persons traversing Olivine Lane and will also be evident from
Kauri Street as detailed in the following image:
Page 43 of 65
Section 44
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Figure 3: View of subject site from Kauri Street
It is considered that the required changes are reasonable and will not have a detrimental impact
on the presentation of the dwelling unit. The dwelling unit’s current height is not excessive and
therefore the increase will not result in a development that is excessively bulky.
The resultant increase in height is approximately 1.1 metres
The following image is a view to the rear of the existing dwelling when viewed from Olivine Lane:
Figure 4: View of subject site from Olivine Lane
Page 44 of 65
Section 45
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
The image identifies that the site slopes from Tewantin Road to Olivine Lane and therefore the
existing dwelling is situated higher than the proposed new dwelling. The applicant refers to loss
of views and increased glare upon the open space of the existing dwelling. There will be no
impact on the existing dwelling which has only one small highlight window to the rear of the
dwelling.
The plans detail that a 1.8 metre high fence is to be constructed on the boundary between the
existing and new dwelling. The fence will hinder views and sight of the roof when standing on the
natural ground level between the dwelling and the rear boundary.
A new deck is proposed to the northern side of the dwelling. The following images detail the deck
on the site plan and the screening to the deck on the northern elevation. The screening to the
northern elevation primarily limits views from the deck to the 3.5 metre wide opening at the
western end of the deck.
The following deck details the location of the new timber deck to the existing dwelling:
Figure 5: Part site plan detailing new deck to the existing dwelling
Page 45 of 65
Section 46
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Figure 6: Northern elevation of new deck detailing screening
The applicant has provided a side elevation plan detailing the impact on the outlook from the new
deck to the existing dwelling. The plan does not include RL’s. The deck is to be screened along
the northern elevation and therefore any outlook is limited to the 3.5 metre wide opening at the
western end of the deck.
The following image is the elevation plan provided by the applicant.
Figure 7: Side elevation provided by the applicant
Specific Outcome 16 of the Cooroy and Lake Macdonald Locality Code addresses roof form and
includes requirements for roof form to contribute positively to the local skyline and compliment
the low rise character of the locality. The specific outcome does not seek to protect view lines
when requiring the 12 degree roof pitch.
The requirement for a 12 degree roof form is not a Shire wide requirement; it is a specific
requirement which seeks to protect the character of certain areas (Cooroy and Lake Macdonald
Locality, Boreen Point and Kin Kin).
The profile of the proposed roof form will be visible from Kauri Street, is not consistent with the
character of the surrounding area and does not comply with the Noosa Plan.
Furthermore, it is likely that additional properties with a frontage to Olivine Lane will be developed
in the future and therefore it is important that a suitable precedent is established prior to these
sites being developed.
Page 46 of 65
Section 47
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Condition 29
29. Unless otherwise stated, all works required by the conditions of this Decision Notice must
be completed prior to submission of the subdivision plan to Council for plan sealing.
Issue:
Request to amend condition 29.
Applicant’s Representation:
The written submission accompanying the application states:
The applicant requests an amendment to this Condition to permit the construction of the rear
dwelling following the construction of the works and the completion of the completion of the Lot
Reconfiguration.
The applicant believes that the Condition is not necessarily required in respect to the
development and that the Condition imposes limitations upon potential funding of the
development.
The creation of the Lots prior to the construction of the rear dwelling will not impact upon the
proposed outcome of the development.
To provide certainty of the outcome of the development of the Lots, the applicant proposes the
amendment of this Condition to require the Community Management Statement to include a
provision that the Lots can only be developed in accordance with approved duplex.
As the property is located in the Semi-Attached Housing Zone any development is required to
comply with the Noosa Plan and the applicable codes; and the development would trigger a code
assessable application. Any other form of development of the site would trigger a code or impact
assessable application; therefore Council will have certainty about the development outcome.
A precedent of the completion of the Lot Reconfiguration prior to the erection of the duplex
building was approved and developed at 42 Avocet Parade, Peregian Beach (Council Ref:
REC12/0062). The subject proposal is identical to the approval of this development.
Accordingly the applicant respectfully requests that the Condition be amended to:
Unless otherwise stated, all works required by the conditions of this Decision Notice, with the
exception of the construction of the rear dwelling, must be completed prior to submission of the
subdivision plan to Council for plan sealing. However the Community Management Statement
prepared with the Lot Reconfiguration must include a provision that the rear dwelling be
developed in accordance with the approved duplex.
Assessment:
The applicant proposes and maintains that the inclusion of a provision within the Community Title
Statement (CTS) requiring development in accordance with the approved duplex provides
certainty of the development outcome. However the applicant’s position is not agreed with as the
CTS does not regulate development and provides no certainty as to what development will occur
on the site.
Amending the condition to facilitate the applicant’s request will effectively permit a lot
reconfiguration providing for new lots which do not comply with the specific lot size requirement
within the Noosa Plan. New lots in the Semi-Attached Housing Zone within the Cooroy and Lake
Macdonald locality are required to have a minimum area of 800m2. Proposed Lot 1, which
contains the existing dwelling, has an area of 494m2 with the rear lot 2 having an area of 514m2.
The Noosa Plan only permits smaller lots through a community title subdivision where there is an
approved development and the lot size is reflective of the approved development.
Page 47 of 65
Section 48
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
With regards to the reference of a precedent being set with regards to the approval at 42 Avocet
Parade, Peregian Beach it is noted that this approval was provided by the Sunshine Coast
Council. This approval does not reflect the approach which has historically been taken by the
Noosa Council before or after amalgamation.
Due to these concerns it is recommended that the condition be maintained in its current form.
4. CONCLUSION & REASONS FOR DECISION
The applicant has made representations to two conditions of the original approval. The proposed
changes are not supported as they are not consistent with Noosa Plan requirements for duplex
dwellings and community title lots.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 48 of 65
Section 49
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
7 132005.220.05 & OPW12/0031.02 - APPLICATION FOR EXTENSION TO CURRENCY
PERIOD FOR A PRELIM. APPROVAL TO OVERRIDE PLANNING SCHEME,
DEVELOPMENT PERMIT TO RECONFIGURE A LOT & DEVELOPMENT PERMIT FOR
OPERATIONAL WORKS AT 70 CARPENTERS RD & 25 JARRAH ST, COOROY
DOCUMENT INFORM AT ION
Author Development Planner, Wilhelm Koschade
Environment and Sustainable Development Department
Index ECM/ Application/ 132005.220.05 & OPW12/0031.02
Attachments 1. Approved Subdivision Plan
APPLICATION DETAILS
Applicant Noosa Shire Council
Proposal Extension to Currency Period
Properly Made Date 6 September 2017
Decision Due Date 6 October 2017
Number of Submissions 19 properly made submissions (3 in support, 16 objecting) to original
application.
PROPERTY DETAILS
Property Address 70 Carpenters Rd COOROY QLD 4563
25 Jarrah St COOROY QLD 4563
RP Description Lot 3 SP 242414
Lot 1 SP 248288
Land Area 10.87 ha
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroy & Lake Macdonald
Zone Industry, Community Services, Detached Housing & Rural Zone
Overlays Natural Hazards (Bushfire Hazard & Flood Hazard)
Biodiversity Overlay (Environmental Protection Area)
Assessment Type Minor Change to Approval – Extension to Currency Period
Page 49 of 65
Section 50
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 7 November 2017 regarding Application No. 132005.220.05 &
OPW12/0031.2 for an extension to the currency period for a Preliminary Approval to Override the
Planning Scheme (22 Village Industry lots), Development Permit to Reconfigure a Lot (22 Village
Industry Lots, a Balance Lot, Drainage Reserve & Park Lots) and a Development Permit for
Operational Works - Extension to Currency Period, situated at 70 Carpenters Road and 25
Jarrah Street, Cooroy and:
A. Approve a change to Condition 11 of approval 132005.220.05 to read as follows:
11. The Preliminary Approval to Override the Planning Scheme and Development Permit
for Reconfiguring a Lot lapses if the works have not been completed by 8 October
2021, unless an application to extend the currency period is approved by Council.
B. Approve an amendment to section 3 of approval OPW12/0031.02 to read as follows:
“The currency period for this development approval is until 8 October 2021 during which
time all works must be completed unless an application to extend the relevant period is
approved by Council.”
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The application seeks approval for a 4 year extension to the currency period of the Preliminary
Approval to override the Planning Scheme, the Reconfiguring of a Lot approval (132005.220.05)
and associated Operational Works (OPW12/0031.2), all of which lapse on 8 October 2017
(unless a request to extend is submitted to Council prior to this date). Accordingly, approval is
sought to amend Condition 11 of approval 132005.220.05 and Section 3 of the Decision Notice
for OPW12/0031.2.
The applicant suggests the land remains largely undeveloped as a result of the global financial
crisis and limited local industrial demand. Stage 1 of the development, being Lots 6, 7 & 8 on
Jarrah Street, have been partially completed however the balance has not been developed as
the feasibility of the balance stages remains uncertain. The applicant indicates that they are likely
to sell the Stage 1 lots and that process will provide some indication of the potential market
demand for the balance stages.
2. SITE DETAILS
2.1. Background
The site was originally purchased by Noosa Council in 1991. An application to override the
Planning Scheme and to Reconfigure a Lot was submitted by Council, as developer, in February
2005 and approved under the Superseded Planning Scheme in 2009. A Negotiated Decision
Notice was later issued on 18 January 2010 for the following:
Preliminary Approval to Override the Planning Scheme for 22 Village Industry Lots; and
Development Permit for Reconfiguration a Lot (22 Village Industry Lots, a Balance Lot,
Drainage reserve and Park Lots).
At the time the original application was publicly notified, 19 properly made submissions (3
supportive of the proposal and 16 objecting) were received.
On 2 October 2013, Council approved an extension to the relevant period until 8 October 2017.
The associated Operational Works originally approved by Council on 14 September 2012 was
also extended on 8 October 2013 for a further 4 years until 8 October 2017.
Page 50 of 65
Section 51
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
2.2. Approved Development
As shown in Attachment 1, the approval is to create 22 new industrial allotments ranging in size
from 1,225m2 to 3,555m2, together with 3 park/environmental lots and a balance parcel. The
approval requires the lots be developed in accordance with the provisions of The Noosa Plan.
The proposal creates a Plan of Development for the site. The Plan of Development requires
industrial uses to be in accordance with The Noosa Plan and permits industrial uses to proceed
via a code assessable application. The approval does not permit noxious, offensive or hazardous
industries (as defined in the Superseded Planning Scheme) to establish on lots 9 - 27 given the
proximity to residential uses to the south and west.
A 20 metre vegetated buffer together with a number of built form restrictions and noise
attenuation measures are also required to protect the amenity of these adjacent residential uses.
An acoustic report at the time established noise criteria to which all industrial uses and
mechanical plant within the development should comply, with a barrier fence to be erected to
control car park and loading bay noise emissions for nearby residents.
A vegetation study was undertaken at the time of the application which identified that no
endangered vegetation was present on the property, with most of the clearing associated with the
lots involving non-remnant vegetation. All lots were also required to be setback a minimum of 10
metres from the top of the creek bank that runs generally adjacent to proposed lots 16 to 19, with
lot 8 also set back 10 metres to the creek and the drainage channel.
As a result of the development having the potential to create significant traffic impacts on
Cooroy’s business centre, contributions were required towards the provision of a heavy vehicle
bypass in the form of a new road link between Mary River Road and Garnet Street on the
western side of the sports fields. This heavy vehicle bypass has been constructed.
2.3. Site Description
The site is located at the northern end of Jarrah Street, which extends through the Cooroy
industrial estate, and an access easement known as Carpenters Road. Both roads are located
off Mary River Road.
A small unnamed creek and dam are located along the eastern boundary of the site with most of
the site draining to this area. A small ridge is located along the western portion of the site. The
land is generally gently sloping, with slopes in the range of 5 – 10% being steepest adjacent to
the creek line. The majority of the area to be developed (within existing Lot 1) has been cleared
for grazing. A Site and Locality Plan is provided in Figures 1 and 2 below.
Page 51 of 65
Section 52
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
70 Carpenters Rd
25 Jarrah St
Figure 1 – Site Plan
70 Carpenters Rd
25 Jarrah St
Figure 2 – Locality Plan
Page 52 of 65
Section 53
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
2.4. Surrounding Land Uses
Existing land uses in the immediate locality surrounding the subject site are a mix of rural
residential and industrial uses. These include rural land holdings to the north, village industry and
rural residential lots to the south and rural residential lots and dwellings to the west. The Cooroy
sewerage treatment works is also located to the southeast of the site, with the main treatment
area approximately 300 – 500m away from the development area. Open Space Recreation uses
are located adjacent Mary River Road to the south-east of the site comprising a rugby league
and soccer club.
3. ASSESSMENT
Pursuant to section 87 of the Planning Act 2016, when assessing an extension application, the
assessment manager may consider any matter that the assessment manager considers relevant,
even if the matter was not relevant to assessing the development application. Matters considered
relevant include matters such as consistency of the approval with current laws and policies
applying to the development, community’s awareness and views of any referral agency and are
further discussed below:
3.1. State and Other Statutory Instruments
State Planning Policy
Bushfire
The State Planning Policy July 2017 identifies the portion of the site approved for development
as having a low fire hazard and includes a majority of this land in an Impact Buffer Zone. The
level of risk has been reduced since the time of the original application and there have been no
relevant legislative changes affecting the development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the
application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Act Regulation 2017 for the SEQ
Development Area.
The Noosa Plan
The subject site is located in the Cooroy and Lake Macdonald Locality and as shown in Figure 3
below is zoned Industry, Detached Housing, Rural, and Community Services.
Page 53 of 65
Section 54
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Figure 3 – Zoning Map
The application raises planning issues due to a conflict with the zoning of the land under The
Noosa Plan. Whilst the land use designations for the site allow for industry, they also include
detached housing (with home based businesses encouraged) between the industry and adjacent
rural residential properties to the west.
These land use conflicts were previously assessed by Council as part of the original development
application as the Superseded Planning Scheme included similar zonings. Consideration was
also given to The Noosa Plan as the scheme had been substantially progressed at the time of
deciding the application.
Council at the time noted the proposed industrial subdivision conflicted with both Planning
Schemes with regards to zoning, however resolved to approve the development based on the
following grounds:
It was demonstrated that the Cooroy locality has a need for industrial land that will be of
benefit to the local community and surrounding area;
It is not feasible or desirable for the western portion of the site to be developed for
residential dwellings and home businesses, given the obvious conflict with these types of
uses; and
The majority of the site is supported for industrial use and given the likely land use
conflicts, the proposed development is appropriate for the site and provides suitable buffers
to adjoining uses.
Page 54 of 65
Section 55
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
These grounds are still relevant today and since the time the original application was assessed,
there have been no relevant changes to The Noosa Plan that would affect the assessment of the
application. Despite the conflict, the development would be supported today if re-lodged against
the current Planning Scheme.
Community Awareness
The development was originally publicly notified in 2005 and at the time, 19 submissions were
received (3 in support, 16 objecting) raising concern predominately with traffic impacts along
Maple Street/Town Centre and amenity impacts for nearby residents.
Since public notification, the land has continued to have a predominant zoning for industrial uses
and there has been very little change occurring in the area. An alternative heavy vehicle bypass
route has also been built for industrial traffic between Mary River Road and Garnet Street (west
of sporting fields) supporting the industrial estate.
Although it is acknowledged the development was publicly notified some time ago, the likelihood
that community awareness has significantly declined is considered unlikely on the basis that the
land has retained an industrial zoning since the commencement of The Noosa Plan in 2006. It is
therefore considered that there remains a community expectation the site will be developed for
industrial uses.
3.2. Other Referrals
The application was forwarded to the following internal Council officers:
Development Engineer
Environment Officer
4. CONCLUSION & REASONS FOR DECISION
The application raises planning issues due to a conflict with the zoning of the land under The
Noosa Plan. These land use conflicts were previously assessed by Council under both the
superseded Planning Scheme and The Noosa Plan where it was considered that a combined
industrial/residential development is neither feasible nor appropriate due to the potential for land
use conflicts and therefore the application was approved.
An extension to the currency period has previously been approved by Council in 2013 noting the
fact that there have been no changes to The Noosa Plan that would affect the assessment of the
application. Similarly, there have been no relevant changes to The Noosa Plan since this date
and the proposal would be supported today if re-lodged against the current Planning Scheme.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture X Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 55 of 65
Section 56
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
ATTACHMENT 1
Approved Development
Page 56 of 65
Section 57
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
REPORTS FOR NOTING BY THE COMMITTEE
8 ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE - 1ST
QUARTER 2017-18
DOCUMENT INFORM AT ION
Author Director Environment and Sustainable Development, Kim Rawlings
Environment and Sustainable Development Department
Index ECM/ Subject/ Environment and Sustainable Development Reports
Attachments Nil.
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Director Environment and Sustainable Development to the
Planning and Environment Committee Meeting dated 7 November 2017 providing an update on
operations of the Environment and Sustainable Development Department for the period 1 July to
30 September 2017.
REPORT
The adopted organisation structure includes the following branches under the Environment and
Sustainable Development Department:
Environmental Services;
Strategic Land Use Planning;
Economic Development;
Development Assessment; and
Building and Plumbing
This report provides a brief summary regarding recent performance, current priorities and future
initiatives for the Environment and Sustainable Development Department. This is the first report
of the newly formed Department.
Environmental Services now incorporates Environmental Policy, Natural Areas, ZEN and Pest
Management. The Pest Management service is still transitioning and is being reported under the
Community Services Department for this quarterly report.
Page 57 of 65
Section 58
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
Environmental Services
New Branch Establishment Appointment of New Manager Ongoing transitioning of new Transition of Pest Management
Environmental Services – starting Environmental Services Branch team to Environmental Services
in December Branch
Noosa Institute of Sustainability Council endorsement of concept Initiate concept development of Progress project plan and concept
Concept development of Noosa Institute of Institute of Sustainability with development
Sustainability CSIRO Data61 research and
innovation unit including detailed
project plan for Stage 1
Implementation of the ZEN Recalculation of the 2015/16 Implementation of ZEN capital Completion of the ZEN capital
Organisation Strategy carbon footprint and the projects projects
calculation of the 2016/17 footprint Waste audit to be undertaken to Develop project scope and brief for
in accordance with National determine estimation of the consultants to develop a landfill
Carbon Offset Standard (NCOS) organic matter at the landfill to emission reduction strategy
demonstrated a 6 % reduction in provide more accurate calculations Determine ZEN capital projects for
Council’s emissions of the emissions from landfill. the 2018/19 budget
Engagement of ERM Energy to Developing ZEN checklists and Finalise of Council 5 year action
procure and project manage the design guidelines for capital and plan for ZEN projects and
installation of solar systems and asset management reporting to Council
energy management systems Identifying Council’s commitments
across Council buildings. under the Cities Power Partnership
Collaboration with Waste and LMS program.
to increase the extraction of landfill
gas
Noosa River Plan Working draft completed for Prepare Community Engagement Commence Council and
purposes of community Plan for River Plan development stakeholder consultation process
engagement
Environment Strategy Second draft completed Develop Environment Policy to Progress development of
support Environment Strategy Environment Policy
Koala Conservation Plan Annual report on KCP Action Plan Koala road infrastructure audit Finalise costings, report to Council
provided to Council report to Council and seek capital budget to
implement through BR3
Page 58 of 65
Section 59
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
Environment Levy Planning for the settlement of the Implement start-up and planning Implement project planning works
purchase of John’s Landing actions post-settlement
First draft Conservation Land Plan Continue to work with GIS team to Internal review and development
to inform strategic EL purchases finalise mapping of second draft Conservation Land
and VCA program Plan
Natural Areas and Bushland Council Bushland Reserve Ongoing development and review Completion and report Bushland
Management Strategic Plan first draft of plan of Bushland Reserve Strategic Strategic Plan to Council
complete Plan
Management of Bushland Reserves Bushland Reserve Fire Further develop Bushland Reserve Coordinate annual Bushcare
including coordination of volunteer Management Planning including fire mitigation priorities by celebration and recognition event
Bushcare Groups. review of Hazardous Fuel Load continuing to review existing for December
Assessments reserve fire management plans Attendance at 30% of remaining
Development of draft Bushcare and Queensland Government bushcare working bees for the
Guidelines Bushfire Prone Area mapping year
Council participated in Cultural Consultation on Bushland Land for Wildlife property visits
Day at Kin Kin with Gubbi Gubbi guidelines with Bushcare groups and reporting
representative, Bushcare Transitioning to the new Land for Wildlife SEQ Steering
volunteers and community Environment Branch Committee meeting
Signing up 1 Land for Wildlife new 12 month action plans to be done
property per week in consultation with Bushcare
Attended 28 of 87 Bushcare groups
working bees Working with voluntary
Successful National Tree Day Conservation Agreement property
Community Planting with 600 owners
shrubs and groundcovers planted
on the bank of Lake Weyba to
enhance riparian area and reduce
erosion. Over 60 community
members attended and 15 new
Bushcare volunteers recruited.
Algae (Hincksia) Management on Main Coordination of Algae removal and Continued monitoring of presence Investigation into ongoing
Beach Management from Main Beach of Algae mitigation and management of
Hincksia Algae presence in Noosa
Business as Usual activities Assisting Biosphere with Continue to monitor flying fox in
reapplication for Biosphere status Wallace Park
Page 59 of 65
Section 60
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
Strategic Land use Planning
Drafting new Noosa Plan Estimated to be past halfway Continue drafting Finalise a first draft
mark. Testing of provisions Continue Councillor workshops
Councillor workshops continue Alignment of drafting
with current focus on zone maps. Progress other maps
Considering the merits of preparing the Discussed merits with DILGP Assess the merits of the process Report to Council on a
new Noosa Plan under the Sustainable for making and the content of the recommended approach for
Planning Act or the new Planning Act. new planning scheme under the proceeding with the new Noosa
Planning Act Plan subsequent to the Planning
Act being introduced.
Negotiate a tailored process for
preparing the new Noosa Plan if
Council decides to make the
scheme under the Planning Act
Local Government Infrastructure Plan Support to Infrastructure Appoint a consultant Project Progress the infrastructure
(LGIP) for new Noosa Plan Assessment Coordinator to Manager to oversee the planning elements of the LGIP
commence this project infrastructure planning work
needed.
Environment Strategy Support Principal Environment Awaiting commencement of Progress consideration of key
Officer to produce first draft Environment Manager priorities and performance
indicators for the environment
Biodiversity Plan and assessment Assessment report completed and Awaiting further progress on high Finalise draft Biodiversity Plan and
report Biodiversity Plan drafted level Environment Strategy to report to council with Environment
refine the scope of Biodiversity Strategy for the purpose of
Plan consultation
Flood modelling for the Noosa River Flood modelling incorporated into Prepare flood risk assessment for Finalise flood risk assessment
catchment new planning scheme and disaster new planning scheme and climate
management maps updated change adaptation plan
Centres strategy Hierarchy has been finalised and Review quantum of retail floor Finalise centres zones and
workshopped with Councillors. space needed in future. scheme provisions.
Urban Design and Character Officers have reviewed the draft Providing feedback and finalising Noosa Business Centre and
Guidelines report provided by consultant. draft provisions and local element Noosa Junction
maps for the draft scheme.
Page 60 of 65
Section 61
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
Climate Change Adaptation Plan Coastal hazards report and Work with consultants to progress Finalise consultant reports and
mapping prepared and climate risk assessment and biodiversity commence drafting of Climate
change biodiversity assessment assessment. Commission Change Adaptation Plan.
underway communication consultants to run
community engagement for the
next stages of the project.
Car parking study Commissioned consultants to Project management of Finalise findings , hold a Councillor
undertake study of key centres consultants workshop and report to Council
Transport Hierarchy Review of State Planning Policy Engage traffic Consultants to Inform scheme drafting and
and discussed with Infrastructure check the transport hierarchy for preparation of the LGIP.
Planning and Design to determine the next 20 years.
a way forward.
Continued engagement with focus Received useful feedback Incorporate relevant findings into
groups – Business Advisory Group, the new Noosa Plan
Professional Advisory Group and
Architects. Participated in the Noosa
Junction Information Events
Business as Usual activities Amendment of The Noosa Plan Commenced preparing Report to Council to commence
2006 amendments to accommodate amendments
Engagement with Department of additional small dwellings Respond to DILGP about the
Local Government Infrastructure & Reviewed the finalised SEQ priorities of the new SEQ Plan
Planning Regional Plan. Report to council on 2016 census
Reviewed various new planning Responding to the new SEQ Plan findings
related regulations and guidelines and amended State Planning
Councillor and community Policies.
enquiries
Economic Development
Capacity Building Program Innovation Master Class delivered Regional Innovation Program Concierge / business facilitation
– 12 business graduates. rollout including governance project scope signed off
Regional Innovation Program in structures and project delivery Grants round launched in
partnership with SCC and framework December
Advance Queensland launched. Economic Development Grants
$1m program over 3 years. Program reviewed and 2017/18
grants round launched
Sunshine Coast Business Awards
in November
Page 61 of 65
Section 62
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
Communications and Marketing Economic Profile and Priority Sector profile brochures to be Digital Sector profile completed
Program Sector Profile completed. developed Education Sector profile completed
Strengthening local partnerships Making Economic Profiles
and respond to incoming business available on website
enquiries
Leadership & Strategy Program Innovate Noosa supported to Investor network co-ordination Host Investor network event
extend membership to 40 and Economic Development ongoing Noosa Junction Association
have successfully attracted project engagement with: - continued engagement
funding $25k Noosa Junction Association QIC regarding Shire Business
Noosa Junction Association (NJA) Major Development projects/sites Centre continued engagement
series of joint meetings with including Shire Business Centre
Councillors and staff. A focus on Ongoing internal engagement for
collaboration and shared next stage of New Planning
responsibility for sustainable scheme development
development
Working with Strategic Planning
for ongoing engagement with the
business sector.
QIC relationship management and
connection with local networks and
tenant opportunities eg. CQU, Ray
White Commercial, etc.
Economic Development Projects Peregian Beach Digital Hub - Facilitate review of the preferred Confirmation of management
Management Services - Managed management model. model and implementation plan
tendering process and actioned Manage key relationships and
decision by Council to not award ensure project maintains
tender and review. momentum
Business as Usual activities Represent Council as a range of Client management and inward
business and network forums business enquiries
Meetings with key stakeholders
internally / externally
Page 62 of 65
Section 63
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
Development Assessment
Local Government Infrastructure Plan Schedule of works model finalised LGIP documents and extrinsic First state interest review by
LGIP documents and extrinsic materials currently being reviewed DILGP and proceed to public
materials for reporting to by external consultant consultation
independent review and Council Commenced work on LGIP for
finalised next Planning Scheme
Auditing program for Advertising Completed signage audit for Currently auditing signage in the Continue auditing program for
Devices Hastings St, Noosa Junction Noosaville industrial area advertising devices – Hinterland
Ongoing inspection of signage area
complaints and advice on signage Workshop and report to Council on
requirements results of audit
Audit of Public and Private Stormwater Continue review of privately owned Continue review of privately owned
Detention Basins stormwater detention basins in stormwater basins and advice to
conjunction with land owners land owners
Follow up advice to Noosa Civic
and Bunnings on necessary
rectification works
Preparation for Planning Act 2016 Submission of successful Refinement of T1 events and Review of Project Plan for
application to State’s innovation templates for development Planning Act 2016, including
and improvement funding grants applications lodged under the identifying any learnings and
for $27,000 – Property Planning Act 2016 for consistency objectives met.
Development Information & with business needs of Noosa
Information Forecasting Commenced work on Refinement
of Unitywater’s DMATT Model with
Grant Funding
Ongoing training of staff in the
Planning Act 2016 provisions
Business as Usual activities Withdrawal for Knowles Appeal Settlement of Appeals for Continued assessment of
(Aged Care Facility at Walter Hay Quadrant (Noosa Marina deck) Development Applications lodged
Dve and Woolley (Park Rd Deck) under The Noosa Plan
Completion of Assessment of Preparation work for Como
Development Application for 215 Infrastructure Charges Appeal
David Low Way & Sunshine Beach hearing for 23-25 October 2017
Surf Club
Page 63 of 65
Section 64
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
Monthly reporting to Treasury QLD
State Government and Australian
Bureau of Statistics on
development approval information
Building and Plumbing
Process and systems Develop electronic plumbing Work with Council’s Information Council (Information Technology
application processes for Technology Branch in engaging a Branch) to engage an external
customers. consultant to develop a consultant in identifying ways
Further develop existing Council programme that works within the forward.
approval for electronic waste water permissions of Council’s T1
testing application for service system.
agents and customers.
Legislative Review Preparation for the introduction of Review all fees and charges Report to Council on new
the amended Plumbing and Review procedures and processes legislation and any associated
Drainage Act 2002 with the new for the adoption of new legislation requirements
Plumbing Act 2017 legislative
obligations.
Attendance at legislative meeting
in Brisbane to discuss Local
Government obligations.
Business as Usual activities Meeting legislative requirements Maintain existing legislative Maintain existing legislative
for all applications. obligations. obligations
Monthly reporting to Treasury QLD
State Government and Australian
Bureau of Statistics timeframes on
track.
Complaint and investigation
reporting timeframes on track
Page 64 of 65
Section 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 NOVEMBER 2017
Previous Council Consideration
Nil.
Finance & Risk
Nil.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Community Engagement X Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance X Economic Development Civil Operations
People and Culture X Environmental Services Disaster Management
X Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 65 of 65