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2021-06-08 Planning & Environment Committee Meeting Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 8 June 2021
commencing at 9.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart, Tom Wegener
“Noosa Shire – different by nature”
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Full text of sections 2 to 79 (of 119)
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 PRESENTATIONS 3
4 DEPUTATIONS 3
5 REPORTS FOR CONSIDERATION OF THE COMMITTEE 4
1 MCU20/0155 - APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT
TERM ACCOMMODATION AT 75 WILLIAMS ROAD, KIN KIN 4
2 RAL20/0019 – APPLICATION FOR RECONFIGURATION OF A LOT (1 LOT INTO
2 LOTS) AND CREATION OF AN ACCESS EASEMENT AT 23 JIRIMMA
CRESCENT, COOROIBAH 18
3 MCU20/0037 PLANNING & ENVIRONMENT COURT APPEAL NO. BD1074 OF
2021 - REFUSAL OF AN APPLICATION FOR MULTIPLE HOUSING - TYPE 2
DUPLEX AT 11 MARGIT CRES, SUNRISE BEACH 29
4 MCU19/0081 PLANNING & ENVIRONMENT COURT APPEAL NO. D176 OF
2019 - REFUSAL OF APPLICATION FOR 16 ANCILLARY DWELLING UNITS AT
64 GATEWAY DRIVE, NOOSAVILLE 36
5 MCU20/0008 - PLANNING & ENVIRONMENT COURT APPEAL NO. D102 OF
2020 – REFUSAL OF ANCILLARY DWELLING UNIT AT 1/33 GATEWAY DRIVE,
NOOSAVILLE 56
6 NOOSA BUSHLAND RESERVE STRATEGIC MANAGEMENT PLAN 62
7 NOOSA BUSHLAND RESERVE STRATEGIC FIRE MANAGEMENT PLAN 2021 74
8 NOOSA BIOSPHERE RESERVE FOUNDATION - NEW PARTNERSHIP
AGREEMENT 2021-2025 91
6 REPORTS FOR NOTING BY THE COMMITTEE 108
9 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – APRIL
2021 108
7 CLOSED SESSION 119
Page 2 of 119
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Planning & Environment Committee Meeting held on 11 May 2021 be
received and confirmed.
3 PRESENTATIONS
Nil.
4 DEPUTATIONS
Nil.
Page 3 of 119
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
5 REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU20/0155 - APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT TERM
ACCOMMODATION AT 75 WILLIAMS ROAD, KIN KIN
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/ MCU20/0155
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Suzanne Joy Ritchie
Proposal Material Change of Use - Short-term accommodation
Properly Made Date 10 December 2020
Information Request Date 15 January 2021
Information Response Date 24 February 2021
Decision Due Date 18 May 2021
Number of Submissions 1
PROPERTY DETAILS
Property Address 75 Williams Rd Kin Kin Qld 4571
RP Description Lot 2 RP 811901
Land Area 39,870m²
Existing Use of Land Dwelling House
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Zone Rural
Precinct Not applicable
Local Plan Area Kin Kin
Overlays Biodiversity Overlay - Area of Biodiversity Significance and Waterway
Bushfire Hazard Overlay – Medium Potential Impact Buffer and
Potential Impact Buffer
Landslide Hazard Overlay - High Hazard Area and Moderate Hazard
Area
Assessment Type Impact
Page 4 of 119
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 8 June 2021 regarding Application No. MCU20/0155 for a Development Permit for
Material Change of Use - Short-term accommodation situated at 75 Williams Rd, Kin Kin and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. The approved use must not commence until a building approval has been obtained for
all works carried out to the dwelling and for any additional outbuildings.
2. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the use
continues.
Approved Plans
3. 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
- - 75 Willams Road Kin Kin Submitted to Council 15.12.2020
Currency
4. This development approval lapses if the use has not happened by 17 June 2027, unless
an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
5. The total number of bedrooms on the site must not exceed 4.
6. No more than 8 guests may occupy the premises at any time.
7. All outdoor areas, including balconies, decks, pool and the like, must not be used after
10pm each night.
8. The premises must not be used as a party house, with no events, functions or parties
(e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted
on site.
Amenity
9. The operation of the approved use must not detrimentally affect the residential amenity
(including but not limited to noise, overlooking, light spill or odour) enjoyed by
surrounding residents or cause a nuisance, including a noise nuisance.
Car Parking
10. Existing car parking on site, must be maintained and kept available for users of the
short term accommodation.
11. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
Waste Management
12. Waste storage and disposal facilities must be provided in accordance with Planning
Scheme Policy 9, Waste Management, including an external imperviously paved area
correctly sized for all refuse and recycling containers and suitably screened from public
places and neighbouring properties.
Page 5 of 119
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
13. Waste containers must:
a. At all times be regularly cleaned and maintained in a clean, tidy, sanitary and
hygienic condition.
b. Be placed on the kerb side frontage of the premises, for the collection of general
waste from the container; and
c. Not be placed on the kerb side frontage for longer than 24 hours before or after the
scheduled collection day for the collection of waste in the container.
Contact Person
14. Prior to the commencement of the use written confirmation must be provided to Council
confirming:
a. the name and telephone number of the contact person (which may include the
name and contact details of an individual, letting agency, property manager,
security firm or the like) for the purposes of the operation of the short stay letting
at the premises; and
b. that the contact person is available 24 hours a day, 7 days a week; and
c. that the contact person resides within 20 minutes travel time (by vehicle) of the
premises; and
d. that the contact person is to be responsible for the supervision and management
of the premises, including addressing complaints about the use of the premises for
short stay letting and visitor queries.
15. A sign must prominently and permanently display in letters and numbers not less than
50mm in height, a current up to date written notice detailing the contact person’s phone
number, and a statement that the contact person is responsible for the supervision and
maintenance of the premises. The sign must not exceed 0.2m2, be displayed at the front
of the premises and be visible to members of the public at all times.
Code of Conduct
16. A code of conduct must be developed and provided to all users and occupants of the
short term accommodation, including any website or social media used to promote the
use of the premises for short term accommodation.
17. The code of conduct must advise all users of the premises:
a. That the use of the premises must not:
i. detrimentally affect the residential amenity (including but not limited to noise,
overlooking, light spill or odour) enjoyed by residents in the vicinity of the
premises; or
ii. cause a nuisance (including a noise nuisance);
iii. display unacceptable behavior including:
a. loud aggressive behaviour;
b. yelling, screaming, arguing; or
c. excessively loud cheering, clapping and singing.
iv. create a level of noise above the acceptable levels described by Queensland
Government legislation for environmental protection (noise).
b. That a user of the premises must not sleep or camp on the premises in a tent,
caravan, campervan or similar facility.
c. That each vehicle used by a user of the premises must:
Page 6 of 119
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
i. be stored in a manner that does not cause a nuisance or inconvenience to
adjoining premises; and
ii. be parked within the parking facilities at the premises where provided.
d. That each user of the premises must store general waste (including the separation
of recyclable waste) produced as a result of the ordinary use or occupation of the
premises in a waste container.
e. That each user of the premises must ensure that the premises, including the
grounds of the premises, are kept in a safe and tidy condition.
f. That pets occupying the premises must be managed and not cause a nuisance
(including a noise nuisance).
g. The nature and extent of the approved use as detailed in conditions numbers 5 to
8 of this development approval.
18. The Code of Conduct must be displayed in a prominent location at the premises so that
it can be viewed by guests.
Complaints Management
19. The contact person must maintain a record of all complaints received, identifying how
each complaint has been resolved or addressed within a reasonable time.
20. The contact person must respond to all complaints within 30 minutes of notification of a
complaint.
21. The contact person, must keep and maintain a register of the use of the premises for
short stay letting or home hosted accommodation, and record in the register, each of the
following:
a. on each occasion on which the premises are used, or occupied, for short stay
letting or home hosted accommodation on a commercial basis:
i. the number of adults who are users of the premises; and
ii. the number of minors, an individual who is under 18, who are users of the
premises.
b. the dates when each person’s use, or occupation, of the premises for short stay
letting or home hosted accommodation began and ended.
22. The contact person, must make available, for inspection by Council, within 5 business
days of receipt of a written request given at any time, each of:
i. the written record of complaints referred to in condition 18; and
ii. the register referred to in condition 20
B. Advise the applicant that an application for building works for the unapproved building works
to the dwelling must be lodged within 60 days of the date of this approval.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant proposes to utilise the existing 4 bedroom, single storey dwelling for short term
accommodation. No changes are proposed to the existing building with all parts of the site to be
available for the proposed use. A carport for 2 vehicles is located to the front of the dwelling whilst
there are areas around the dwelling available to park additional vehicles.
Page 7 of 119
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
The applicant has provided a code of conduct which includes:
The maximum number of occupants on-site is not more than 8 persons at any one time (an
occupant includes visitors to the premises).
Guests do not detrimentally affect the residential amenity or cause a nuisance to the
surrounding area.
The premises must not be used as a party house, with no events, functions or parties (e.g.
bucks parties, hen’s parties, raves, or wedding receptions for example) permitted on site.
No tent, caravan, camper-van or the like is used.
Guests will be encouraged to take conversation inside after 10pm.
Individual general waste and recyclable waste containers will be provided. Waste containers
will be transported to the roadside on waste collection day by the Operator and will be removed
from the roadside within 24 hours of collection.
Premises is to be kept in a tidy condition.
Guests are to park within the allocated on-site parking areas only to not cause nuisance to
adjoining properties.
Any pets occupying the premises must be managed and not cause a nuisance (including a
noise nuisance).
The Code of Conduct must be displayed in a prominent location at the premises so that it can
be viewed by guests.
With regards to complaints management it is proposed:
Where a breach of the Code of Conduct above is perceived, any complaints will be managed as
follows:
1. The complainant must contact the responsible contact person (see below) managing the
property to confirm a breach of the code of conduct may have been committed.
2. The responsible contact person must investigate and respond to the complaint within 30
minutes of notification of complaint.
3. The responsible contact person is to keep record of all complaints received, identifying how
each complaint has been resolved or addressed within a reasonable time.
4. If complaints for breaches of the code of conduct continue, Council will be notified by the
complainant.
5. Action will be taken by Council in accordance with Local law No.1 to investigate and take action
as to whether the approval should be amended, suspended or cancelled.
In this instance the property owner has identified themselves as being the ‘responsible contact
person’. The property owner is also the owner of the adjoining property to the east.
The material in support of the proposal includes the following responsibilities of the operator:
The responsible contact person, must keep and maintain a register of the use of the premises
for short stay letting and record in the register, each of the following:
a. on each occasion on which the premises are used, or occupied, for short stay letting
basis:
i. the number of adults who are users of the premises;
b. the dates when each person’s use, or occupation, of the premises for short stay letting
began and ended.
The contact person, must make available, for inspection by Council, within 5 business days of
receipt of a written request given at any time, each of:
i. the written record of complaints; and
ii. the register of occupants.
Page 8 of 119
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
A copy of the proposal plans are included as Attachment 1.
The subject site and surrounding locality are detailed in the following aerial photographs:
Figure 1 – Locality
Figure 2 – Site Plan
Page 9 of 119
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Figure 3 – Floor Plan
2. SITE DETAILS
2.1. Background
Council records demonstrate that no recent development applications have been made for the
subject site.
Page 10 of 119
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
It is noted that the application seeks approval to use the existing house on the site for short term
accommodation. Review of aerial photography and a subsequent site inspection have identified that
works have occurred to the dwelling in recent times. It appears that the works occurred between
2011 and 2013 however Council does not have a record of any building approval. At the site
inspection it was identified that works have also occurred in the subfloor area.
The following images identify the area where the additions have occurred:
Figure 4: 2011 aerial photograph (GIS)
Figure 5: 2013 aerial photograph (GIS)
Page 11 of 119
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Figure 6: 2016 aerial photograph (GIS)
2.2. Site Description
The subject site is an irregular shaped lot of approximately 39.8 hectares in area. The site is
characterised by a gully which dissects the centre of the property in which a waterway is located.
Knolls situated at the front of the site are located either side of the gully. The existing dwelling and
associated outbuildings are located in the south eastern corner of the site. Vegetation is generally
located to the front and rear of the site.
An access easement has been created which provides access from the front boundary to the
adjoining property to the east of the subject site. The adjoining property to the east is currently under
the same ownership as the subject site.
2.3. Surrounding Land Uses
The surrounding area is characterised by rural lots, each generally containing a dwelling, which
contain dense vegetation with limited agricultural activity occurring within proximity of the site.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
Noosa Plan 2020.
Page 12 of 119
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP
raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Regional Landscape and Rural Production area of the SEQ Regional
Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan as it maintains
the natural assets and regional landscape of the site whilst providing the opportunity for tourists to
contribute to the hinterland economy.
Planning Regulation 2017
The proposed accommodation activity within the Regional Landscape and Rural Production area
does not exceed the assessment benchmarks contained in the Planning Regulation 2017 for the
SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions
are relevant to the development.
Strategic Framework
The Noosa Plan 2020 acknowledges that tourism is a key sector of the Noosa economy and will
continue to be so in the future. Within the hinterland, the tourism focus is directed towards high
quality nature-based and rural tourism experiences and events to diversify and balance the visitor
experience across Noosa Shire. The proposal is consistent with this strategic intent as the proposed
short term accommodation supports Noosa’s tourism industry and provides visitor accommodation
in the hinterland area in a scenic location and in proximity to the Noosa Trail and the Kin Kin
township.
Locality Provisions
The subject site is located in the Hinterland Villages Local Plan Area and is zoned Rural. The
proposed use is identified as a consistent use with the zone and is required to follow an impact
assessable application process.
The Rural Zone Code, the Hinterland Villages Local Plan Code and Low Density Housing Code all
include provisions which address the potential impacts of short term accommodation. The relevant
provisions are:
Rural Zone Code
6.8.3.2 Purpose and Overall Outcomes
(2)(b) The viability of existing and future rural activities is protected from the intrusion
of incompatible uses.
(j) Houses or outbuildings may be available for short term guests where there is
no resultant changes to the rural amenity or rural production of the area.
6.8.3.3 Assessment Criteria
PO4 Visitor accommodation:
a) is at a small scale and low density that protects the environmental and rural values of the land;
b) is compatible with rural activities and nature conservation; and
c) does not detract from the rural amenity of adjoining properties.
Hinterland Local Plan Code
7.2.1.2 Purpose and Overall Outcomes
2(o) For development in Kin Kin
Page 13 of 119
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
(vi) Development for visitor accommodation or hospitality uses respect the
heritage, natural and core values of the community including Kin Kin’s
remoteness and strong connection to the environment and farming.
Low Density Housing Code
9.3.1.1 Purpose and Overall Outcomes
(1) The purpose of the Low density housing code is to ensure dwelling houses,
community residences, rooming accommodation and short term accommodation
(where no more than one detached dwelling on the site):
a) are appropriately located;
b) achieve a high level of comfort and amenity for occupants;
c) maintain amenity and privacy of neighbouring residential premises; and
d) are compatible with the character and streetscape of the local area.
In this instance there is one other short term accommodation offering within proximity of the subject
site. This is a farm stay situated on Moffat Road approximately 600 metres from the subject site. Due
to the topography and extensive vegetation coverage within the surrounding area the primary use of
properties within proximity of the subject site is rural lifestyle properties.
The planning scheme seeks to protect the amenity of surrounding areas from the impacts of short
term accommodation. It is acknowledged that the use of premises for short term accommodation
has the potential to have a significant impact on the amenity of the surrounding area. These impacts
are often attributed to noise, vehicle movements and waste disposal. The requirement for a
development application for short term accommodation provides the opportunity to regulate the use
of the site so as to mitigate these potential impacts.
The following is noted in this respect:
One dwelling, in the same ownership as the subject site, is located approximately 50 metres
from the dwelling proposed to be used for short term accommodation with other dwellings
located in excess of 150 metres away;
The subject site does not include an outdoor pool whilst outdoor areas are well separated from
surrounding properties. Despite the separation from surrounding properties it is noted that
noise from outdoor areas can travel a significant distance in a rural area. It is important that
the use of outdoor areas is managed to mitigate amenity issues. Accordingly conditions are
recommended to address the use of outdoor areas;
The internal areas adjacent to the side and rear boundary are generally limited to bedrooms
and bathrooms which will generate limited noise;
Sufficient area is available on site to accommodate car parking and a dedicated waste storage
area;
The applicant’s proposed use of outdoor areas until 10pm is supported. Whilst a 9pm limit has
been placed on properties within residential zoned land the later timeframe is reflective of the
significant separation of the subject site from surrounding premises.
Accordingly conditions are recommended to address potential amenity impacts. These generally
align with the measures proposed by the applicant including limiting the number of guests to 8
Page 14 of 119
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
persons, prohibiting the use of outdoor areas after 10pm and requiring a register of complaints to be
maintained.
The proposed use aligns with the intent of the Noosa Plan to facilitate short term accommodation
within the rural area whilst maintaining the viability of rural activities on the site or the surrounding
area. As noted earlier in this report the extent of rural activities within proximity of the site is limited
due to existing vegetation and the steep topography of the area.
Part of the site is subject to the Biodiversity, Waterways and Wetlands Overlay which includes a
mapped waterways and a riparian buffer area. Noting the distance of the dwelling from the riparian
buffer and the steep topography of the site the proposed use of the existing dwelling for the purpose
of short term accommodation is unlikely to create additional pressures on the site’s environmental
values. It is anticipated that visitors to the property would generally confine their activities to the
dwelling and the immediate surrounding area. Accordingly it is not reasonable to require the
applicant to rehabilitate the riparian buffer or the area adjacent to the waterway.
Acceptable Outcome AO11.1 of the Visitor Accommodation Code seeks that visitor accommodation
is directly accessible from a sealed road or good standard gravel road. Whilst Williams Road is a
narrow unsealed road it is considered a suitable access to the proposed use on the basis that part
of the road is sealed and the remaining unsealed section is of suitable condition to accommodate
the expected traffic arising from the use. Furthermore, the amount of traffic associated with the
proposed use will be generally consistent with the existing amount of traffic associated with the
proposed use of the subject site and surrounding properties.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
4.3. Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning
Act 2016. 1 properly made submission was received. The following table provides a summary and
assessment of the issues raised by the submitter.
Matters Raised Comments
Support for the proposed use. It is noted that works have occurred which require
building approval. Any encroachment is a civil matter
There may be a small encroachment onto our
between the parties which would need to be resolved
property of the carport associated with the
prior to the issue of a building approval.
short term accommodation building.
It is acknowledged that state of Williams Road requires
Williams Road is a very narrow, steep road
driver care for safe navigation however the use of the
and care and awareness of the possibility of
road does not increase the risk generally associated
meeting oncoming vehicles is needed in
with the existing use of the site or surrounding
driving on it especially near the narrow bridge
premises. Furthermore, the extent of traffic increase
over the creek or when the surface is wet.
does not warrant additional maintenance by Council.
Additional maintenance by Council may be
required on Williams Road as a result of the
increased traffic.
Page 15 of 119
Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
5. CONCLUSION & REASONS FOR DECISION
The application seeks to use a dwelling house, situated within the Rural Zone, for the purpose of
short term accommodation. The key issues associated with the assessment of the application are
the potential for detrimental impacts on the amenity of the surrounding properties and the
compatibility with surrounding rural uses. Whilst acknowledging that short term accommodation has
the potential to impact on the amenity of the area the proposed use has been identified as a
consistent use within the applicable zone and an extensive suite of conditions are recommended to
address the operation of the use to preserve the amenity of the area. Furthermore the proposed use
is unlikely to detrimentally effect the operation of any surrounding rural activities noting that there
are limited rural activities occurring within proximity of the site due to the topography of the site and
the extent of vegetation coverage.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services X Environment & Sustainable Development X Infrastructure Services
Director X Director Director
Community Engagement Building & Plumbing Services X Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 16 of 119
Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
ATTACHMENT 1
Page 17 of 119
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aa : ai *Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
2 RAL20/0019 – APPLICATION FOR RECONFIGURATION OF A LOT (1 LOT INTO 2 LOTS)
AND CREATION OF AN ACCESS EASEMENT AT 23 JIRIMMA CRESCENT, COOROIBAH
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/ RAL20/019
Attachments 1. Proposal Plan
APPLICATION DETAILS
Applicant Jamie Adam Carlyle
Natalie Patricia Carlyle
Proposal Reconfiguring a Lot - Rural Residential
Properly Made Date 2 September 2020
Information Request Date Not applicable
Information Response Date Not applicable
Decision Due Date 18 June 2021
PROPERTY DETAILS
Property Address 23 Jirrima Cres Cooroibah Qld 4565
RP Description Lot 47 RP 136461
Land Area 4.07ha
Existing Use of Land Rural residential lot with dwelling and associated outbuildings
STATUTORY DETAILS
SEQRP Designation Rural Living Area
Zone Rural Residential
Precinct Not applicable
Local Plan Area Not applicable
Overlays Land Subject to Acid Sulfate Soils
- 5 metres AHD or below
- Above 5 metres AHD to 20 metres AHD
Biodiversity, Waterways and Wetlands Overlay
- Area of Biodiversity Significance
- Waterway
- Riparian Buffer
Bushfire Hazard Overlay
- High Potential Bushfire Intensity
- Potential Impact Buffer
Flood Hazard Overlay
Assessment Type Code
Page 18 of 119
Section 19
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 8 June 2021 regarding Application No. RAL20/0019 for a Development Permit for
Reconfiguring a Lot (1 into 2 lots), situated at 23 Jirrima Crescent, Cooroibah and:
A. Refuse the application for the following reasons:
1. The proposal is not consistent with the 8.2.2.2 (1), (2)(a), (b), (c), (d), (e), (f), (g) and (i),
Acceptable Outcomes AO6.1, AO6.2 and PO6 of the Biodiversity, Waterways and
Wetlands Overlay as:
a. The proposal results in development within the Riparian Buffer Area, with the
proposed lot boundaries traversing the buffer area.
b. The proposal seeks to enhance, rehabilitate and protect only part of the identified
Riparian Buffer Area.
c. The proposed development increases the scale and intensity of development
within and adjacent to an ecologically important area which has the potential to
adversely impact on the site’s ecological values.
d. The proposal has the potential to result in additional clearing of vegetation in the
Riparian Buffer Area due to the vegetation clearing exemptions permitted by the
Planning Regulation 2017 and the planning scheme for lot boundaries and fencing.
2. The proposal is not consistent with 9.5.1.2 (1) (d) and (e) and Overall Outcomes 2(b),(c),
Acceptable Outcome AO7.5, AO7.7 and AO7.9 and Performance Outcome PO7 of the
Reconfiguring a Lot Code as:
a. The development does not provide for a lot layout that is responsive to the natural
environmental values present on the site.
b. The proposed lot boundaries traverse ecologically important areas and ecological
linkages.
c. The proposed environmental covenant area is only proposed over part of the
Riparian Buffer area and will not provide suitable protection to this ecologically
important area.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The proposal is to subdivide 1 lot into 2 lots at 23 Jirrima Crescent, Cooroibah. The applicant seeks
to generally divide the block on an east/west alignment to result in a total of 2 lots. Proposed Lot 10
area is 2.571ha and proposed Lot 11 has an area of 1.5ha. An access easement is proposed within
lot 11 to provide access for Lot 10 to the western side of the waterway.
The applicant proposes an environmental covenant over part of the riparian buffer area extending a
minimum of 30 metres from the top of bank on either side of the waterway. It is proposed that the
covenant area would be rehabilitated.
The applicant maintains that the proposal would meet the overall outcomes of both the Biodiversity,
Waterways and Wetlands Overlay Code and the Reconfiguring a Lot Code.
The following figures provide a locality plan, aerial, and a proposed plan of subdivision.
Page 19 of 119
Section 20
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Figure 1 – Locality
Figure 2 – Site Plan
Page 20 of 119
Section 21
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Figure 3 – Plan of subdivision
2. SITE DETAILS
2.1. Background
A building approval was issued for the construction of a dwelling in 1999.
An application for a Development Permit for Material Change of Use of Premises - Infrastructure
Uses - Service & Utility Type 3 – Tower & Operational Works (access and waterway barrier works)
was decided by Council at its Ordinary meeting on 20 April 2017. The approval permitted the
construction of an NBN tower with a vertical height of 46m west of the existing waterway and outside
of the riparian buffer area.
The applicant made representations on 17 May 2017 to the development approval conditions. The
representations related to changes to conditions 4, 6, 12 & 16, regarding overall height, noise limits,
and exposure to electromagnetic emissions and landscaping. A negotiated decision notice issued 7
June 2017 via delegation approved changes to Conditions 12 and 16 relating to health and safety of
electromagnetic emissions and landscaping. Changes to conditions 4 and 6 were refused.
Page 21 of 119
Section 22
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
On 11 June 2020 ‘another change’ to the approval was issued. The approval resulted in the inclusion
of the neighbouring lot to facilitate an access easement over an existing waterway way crossing.
The Waterway Barrier Works component of the original approval was removed with the state’s
agreement these works were no longer required.
2.2. Site Description
The topography of the subject site is relatively flat with ground levels ranging from 4m relative to
Australian Height Datum (AHD) at its lowest point along the southern boundary to 9m AHD at the
highest point near to the eastern boundary.
The eastern portion of the lot is mostly cleared with grassed paddocks. The western portion of the
site is sparsely vegetated with predominant regrowth wattle and melaleuca.
A watercourse intersects the site and travels the full width of the lot from the southern to the northern
boundary. The waterway is included as a Riparian Buffer Area under the Biodiversity, Waterways
and Wetlands Overlay of The Noosa Plan 2020. The waterway and associated riparian buffer area
are ‘ecologically important areas’ as defined by the planning scheme. The riparian buffer area
contains native vegetation in a riparian zone, regrowth vegetation that is likely to develop into a
Matter of Environmental Significance, a waterway and wetland.
An existing internal track provides access from the driveway to the east of the lot. An existing culvert
provides vehicular access over the waterway.
A ‘tiny house’ and associated infrastructure was placed in the riparian buffer area some time in 2020
contrary to the Noosa Plan requirements.
2.3. Surrounding Land Uses
Surrounding premises are semi-rural in nature featuring open paddocks and partially vegetated
areas. Neighbouring properties feature detached houses and rural settlement/ rural lifestyle blocks
with associated outbuildings. The property to the west is a heavily vegetated public reserve.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Rural Living Area of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The site is identified as a Koala Priority Area and it is noted that the proposal could be conditioned
to comply with the relevant assessment benchmarks from the Planning Regulation 2017.
Page 22 of 119
Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are relevant
to the development:
Rural Residential Zone Code;
Reconfiguring a Lot Code;
Biodiversity, Waterways and Wetlands Overlay Code;
Bushfire Hazard Overlay Code;
Flood Hazard Overlay; and
Works Codes.
Locality Provisions
The subject site is located in the Cooroibah Locality and is zoned Rural Residential. The proposed
development is required to follow a code assessable application process.
The pertinent issues arising from the proposal relate to the following provisions within the applicable
codes:
Biodiversity, Wetlands and Waterways Overlay Code:
8.2.2.2 Purpose and overall outcomes
1. The purpose of the Biodiversity, Waterways and Wetlands overlay code is to protect,
rehabilitate and enhance ecologically important areas and improve connectivity and ecological
linkages across Noosa Shire.
2. The overall outcomes sought for the Biodiversity, Waterways and Wetlands overlay code are:
a. The natural resources and ecosystem values of Noosa Shire are protected and
enhanced including ecologically important areas and land and environmental values of
scenic, aesthetic, cultural, educational, recreational, scientific, economic and social
value.
b. Development is designed, sited, constructed and operated in a way that avoids adverse
impacts on ecologically important areas, ecological systems and processes.
c. Development design and layout provides for ecological connectivity across the
landscape through the protection, rehabilitation and enhancement of
native vegetation and ecological linkages.
d. Ecological linkages and riparian vegetation are conserved, managed, enhanced and
rehabilitated to protect and improve biodiversity, ecosystem health, landscape stability
and resilience.
e. Development design and layout provides for the protection and establishment of
appropriate buffers to waterways, wetlands, native vegetation and significant fauna
habitat.
f. The terrestrial and aquatic native flora and fauna and their habitats are protected and
enhanced.
g. Development and its associated landscaping provides for the rehabilitation
of ecologically important areas, degraded ecosystems and habitats to achieve a
functional and healthy ecosystem state that requires minimal human intervention.
h. Development is designed, sited, constructed and operated to avoid or minimise adverse
impacts on koalas and their habitat and to provide for connectivity and safety for the long
term viability of the koala population.
i. In urban areas, biodiversity values are protected and enhanced to assist with ecosystem
health, flora and fauna, urban amenity and quality of life.
Page 23 of 119
Section 24
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
8.2.2.3
Performance Outcomes Acceptable Outcomes
PO6 AO6.1
The biodiversity and ecosystem values of Development and clearing of vegetation does not
waterways, wetlands and adjacent riparian zones occur within:
are protected by: a. a riparian buffer area;
a. avoiding any new development in a riparian b. a wetland area; or
buffer area and wetland area;
c. 10 metres either side of the centre line of
b. retaining aquatic and terrestrial habitat in other waterways identified on
riparian zones; a Biodiversity, Waterways and Wetlands
c. maintaining and enhancing wildlife corridors Overlay Map.
and connectivity along watercourses and
drainage lines for native fauna movement; AO6.2
d. avoiding edge effects and damage from Development provides for the rehabilitation of land
adjacent land uses; within:
e. maintaining stream integrity and bank a riparian buffer area;
stability by minimising bank erosion and d. a wetland area; and
slumping;
e. 10 metres either side of the centre line of any
f. maintaining water quality through filtering other waterway identified on a Biodiversity,
sediments, nutrients and other pollutants; Waterways and Wetlands Overlay Map.
and
g. removing pest species and replacing them
with local native species.
PO10 AO10.1
Development provides for ecologically important Landscaping and rehabilitation complements and
areas to be restored and enhanced through: supports ecologically important areas by:
a. designing landscaped areas to complement a. utilising local native species;
and enhance b. utilising suitable plant species identified
existing vegetation and ecological linkages; in PSP2 Landscaping;
b. removing species likely to displace native c. restoring degraded ecosystems to achieve a
flora species or degrade fauna habitat; functional ecosystem state that requires
c. replanting and rehabilitating degraded minimal human intervention;
habitat; d. replicating adjacent remnant habitats of the
d. replacing any vegetation removed with same type, including the
suitable local native species; understorey vegetation;
e. providing for fauna habitat; and e. creating or enhancing linkages
f. avoiding the planting of pest plant species. between existing habitats;
f. avoiding the use of pest plant species listed
in PSP2 - Landscaping;
g. planting riparian zones to filter stormwater
run-off, stabilise soil and provide for wildlife
habitat; and
h. providing ground and arboreal structures for
fauna, which may include ground
depressions, rocks, hollows, nesting boxes
and in-stream habitat.
AO10.2
Vegetation cleared is replaced with:
a. plantings of equivalent area that replicate
the floristic structure of the vegetation
removed; or
Page 24 of 119
Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Performance Outcomes Acceptable Outcomes
b. where this is not possible due to the
characteristics of the site and the
development, plantings twice the number of
the removed trees and plants.
Reconfiguring a Lot Code:
9.5.1.2 Purpose and overall outcomes
1. The purpose of the Reconfiguring a lot code is to ensure that development:
d. is responsive to site constraints;
e. maintains or improves environmental values and avoids adverse off-
site environmental impacts;
2. The overall outcomes sought for the Reconfiguring a lot code are:
c. Development avoids significant adverse effects on the natural environment and
landscape including waterways, drainage lines, wetlands and other ecologically
important areas.
9.5.1.3
Performance Outcomes Acceptable Outcomes
Site Responsive Design AO7.5
PO7 Lot boundaries, services, utilities and roads are
aligned to avoid traversing ecologically important
Development provides for a lot layout and
areas and ecological linkages.
configuration of roads and pathways that is
responsive to:
a. the setting of the site within an urban or non- AO7.6
urban context; Development does not result in significant
b. any natural environmental values present on, modification to natural landform or landscape
or adjoining the site; features including:
c. any natural hazards affecting the site or a. waterways and drainage lines;
adjoining land such that the number of b. native vegetation or significant character
properties or persons at risk is not increased; trees;
d. the terrain of the land, minimising the need c. understorey vegetation;
for earthworks;
d. slope;
e. any places of cultural heritage significance or
character areas present on, or adjoining e. rock outcrops; or
the site; and
f. views.
f. any important landmarks, views, vistas or
AO7.7
other areas of high scenic quality present on,
or able to be viewed from, the site. Development retains or provides viable ecological
corridors for wildlife movement.
AO7.9
Ecologically important areas are formally protected
for the long term through environmental
covenant or transferal to public ownership or
through gazettal of a nature reserve.
Page 25 of 119
Section 26
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
The primary issue arising from the proposed reconfiguration is the dissection of the riparian buffer
area by the proposed new lot boundary. This approach is not supported as it conflicts with the
planning scheme’s intent to protect ecologically important areas, inclusive of riparian buffer areas
and waterways.
The riparian buffer area covers a significant portion of the rear of the site, extending for a distance
of approximately 80 metres either side of the waterway and covers approximately 50% of the site.
The following image details the extent of the riparian buffer area.
Figure 4 – Extent of Riparian Buffer Area
The planning scheme seeks to protect riparian buffer areas and waterways from development so as
to ensure the protection of the ecological values. The creation of a lot boundary through the riparian
buffer area threatens these ecological values as it creates the opportunity for default and exempt
clearing and increases the potential for impacts on the riparian buffer.
The proposed lot layout would result in multiple landowners having access to the riparian buffer area
as opposed to the current arrangement where the occupation is limited to one household. The
applicant has proposed an environmental covenant which due to the form of the proposed layout
would apply to two separate landowners. The proposed covenant is also only proposed over part of
the riparian buffer and not the full area identified as riparian buffer.
Where multiple land owners are a party to an environmental covenant it results in an uncoordinated
approach to the management of the covenant requirements and therefore increases the potential for
non-compliance with these covenant requirements. Whilst the applicant has proposed a covenant
area which extends 30 metres from the top of the bank and rehabilitation of this area the extent of
the covenant area and rehabilitation does not satisfy the scheme requirements. The extent of
covenant and rehabilitation as proposed by the applicant would result in approximately 50 metres of
land each side of the waterway being unprotected by covenant and not rehabilitated. The planning
scheme seeks to protect an area of approximately 20,167m2 whilst the applicant proposes an area
of 8,106m2.
Furthermore, the creation of a new lot boundary through the riparian buffer will likely result in the
development of a new fence on the common boundary - the planning scheme allows for the
clearance of vegetation up to 5 metres either side of the new fence line.
It should be noted that considerable time has been spent with the applicant to explore whether an
alternative lot layout can be achieved without creating a boundary through the riparian buffer area.
The alternatives proposed by the applicant resulted in undersized lots, impractical lot arrangements
and limited areas outside the riparian buffer area suitable for the development of a dwelling and
associated outbuildings.
Page 26 of 119
Section 27
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers:
Coordinator, Development Engineering
Environment Officer, Biodiversity
5. CONCLUSION & REASONS FOR DECISION
The proposed reconfiguration seeks to subdivide the existing 4.07 hectare lot into 2 lots and includes
a new boundary which dissects the riparian buffer area. The planning scheme seeks to protect
riparian buffer areas and waterways from development so as to ensure the protection of ecologically
important areas.
The applicant proposes an environmental covenant and rehabilitation to part of the riparian buffer
area but this will be managed by multiple land owners. Furthermore, the proposed extent of
environmental covenant and rehabilitation is not sufficient and will not provide adequate protection
to the riparian buffer area. The creation of a new lot boundary through the riparian buffer raises
concern as it will likely result in additional vegetation removal due to the current state and planning
scheme exemptions for vegetation clearing. Accordingly, the application is recommended for refusal.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director X Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 27 of 119
Section 28
ATTACHMENT 1
Page 28 of 119
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© [oe [&Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
3 MCU20/0037 PLANNING & ENVIRONMENT COURT APPEAL NO. BD1074 OF 2021 -
REFUSAL OF AN APPLICATION FOR MULTIPLE HOUSING - TYPE 2 DUPLEX AT 11
MARGIT CRES, SUNRISE BEACH
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development Department
Index ECM/ Application/ MCU20/0037/ Case/ Cottee & Ferraro
Attachments 1. Proposal Plans (26 page attachment provided separately to this report)
EXECUTIVE SUMMARY
Not applicable
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 8 June 2021 regarding Planning & Environment Court
Appeal No. BD1074 of 2021 and agree to defend the appeal.
REPORT
On 8 April 2021, an application under the Noosa Plan 2006 to remove the existing dwelling and
develop the site for a duplex dwelling comprising 2 x 3 bedroom dwelling units was refused:
1. The proposal results in a development that does not comply with the following provisions of
the Noosa Plan 2006 Eastern Beaches Locality Code:
a. Overall Outcomes 7.7.2g), h) and mm) as the scale and form of the proposed building is
not in keeping with the surrounding streetscape and development, and the garages will
dominate and present poorly to the street.
b. Specific Outcomes O3, O4, O5 and O6 as the proposal exceeds the maximum density,
building height, site cover and gross floor area sought for the Eastern Beaches locality,
proposes insufficient side setbacks and:
i. will be imposing on the neighbouring properties and visually dominate the street;
ii. will not be compatible with development in the surrounding area;
iii. will present excessive building bulk to adjacent and surrounding properties, and
the street; and
iv. does not allow for sufficient landscaping and spacing between the proposed
building and neighbouring properties.
c. Specific Outcomes O39 and O42 as the garages are not articulated, span most of the
site’s frontage, do not visually integrate with the building and will dominate the street
front.
2. The proposal is not consistent with the built form requirements of the Noosa Plan 2020.
Page 29 of 119
Section 30
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Figure 1 – Locality Plan
Figure 2 – Site Plan
Page 30 of 119
Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Figure 3 - Ground Floor
Figure 4 – First Floor
Page 31 of 119
Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Figure 5 – Front Elevation
Figure 6 – North elevation
Figure 7 – Perspective
Page 32 of 119
Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
The application was refused as while the area is intended to be developed for duplex dwellings being
zoned Attached Housing under The Noosa Plan 2006, the proposed built form was non-compliant
with a number of key development parameters, as identified in the table below:
These key development parameters are designed to ensure buildings are consistent in scale and
bulk with surrounding development in the area, buildings do not present an appearance of excessive
bulk, preserve the amenity of the surrounding area, allow soft landscaping between buildings and
adequate recreation area at ground level for residents.
Table 1 – Assessment against Key Development Parameters
Criteria Planning Scheme Proposal Complies
Site Area N/A 635m²
Population density 6.35 persons max 6.6 persons X
100pp/ha
Plot ratio* 0.45:1 max. 0. 465:1 X
= 285.75m2 = 295m2
Site cover* 40% max 45.35% X
Landscaped open space 198m² min 209 m²
Proposed population x 30m²
(Attached housing)
Soft landscaping min 60% of total = 154m² 155m²
Building height
storeys 2 storeys max 3 storeys X
metres 8 metres 7.95 metres above
natural ground level
Boundary setbacks
Frontage 6 metres min 6m
10 metres for 3rd storey 10m
Side (Northern) 1.5m min 990mm to planter X
2m above 4.5m roof and awning
2 metres min to
upper levels
1.5 metres min 990mm to planter X
Side (Southern) 2m above 4.5m roof and awning
2 metres min to
upper levels
Rear 6 metres min 7.7m
Length of wall 15 metres max 10 metres
Carparking 2 covered min 4 covered
1 uncovered min 0 uncovered X
*The applicant’s calculation of GFA (for plot ratio) and site cover differs from the officer’s assessment.
The proposal exceeds the maximum permitted gross floor area, significantly exceeds site cover and
results in a building scale and bulk that is not consistent with surrounding development. While only
a small portion of the development exceeds the 2 storey height limit, this contributes additional
building bulk, means the building is more prominent in the street and results in intrusion into side
building setbacks.
Page 33 of 119
Section 34
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Notably, while the Noosa Plan 2020 has removed the maximum population density requirements
and thereby does not limit the number of bedrooms for the site, the new scheme has reduced the
plot ratio from 0.45:1 to 0.4 and means the proposal significantly exceeds the Noosa Plan 2020’s
maximum gross floor area for the site.
Further, both planning schemes seek a well-articulated façade, with garages integrated and not the
dominant feature either by stepping the garages, minimising the width of garages, and ensuring
garages do not protrude forward of the main building façade. The garages span most of the lot width
without articulation, project forward of the main building facade and are the most dominant feature
of the front elevation.
The delegated officer report at the time noted that while there may be some grounds to approve the
additional bedroom given the changes to the planning scheme, there were no grounds to approve
the development in full given the number and extent of non-compliances with the scheme’s built form
outcomes.
As a result of Council’s decision to refuse the application, the applicant lodged an appeal to the
Planning & Environment Court seeking that the duplex be approved subject to reasonable and
relevant conditions.
The court recently reviewed this matter and gave the following orders with the consent of both
parties, which provides for the following to occur:
1. By 7 June 2021, Council must file and serve a particularised list of all matters relied upon by
the Respondent to support refusal of the proposed development;
2. By 14 June 2021, the Appellant must file and serve a particularised list of all matters relied
upon by the Appellant to support approval of the proposed development;
3. Before 25 June 2021, the parties must attend a without prejudice meeting before the ADR
Registrar. The Appellant must provide Council with a without prejudice submission for its
consideration at least 5 business days prior to the meeting.
4. A further review on 2 July 2021.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Nil
Finance
It is expected that this matter should be able to be resolved through without prejudice meetings with
the applicant. However, if the matter does not settle there will be costs associated with defending
the appeal, particularly if the matter proceeds to trial. It is premature at this stage to provide advice
on the likely prospects of the appeal.
Risks & Opportunities
Nil.
Consultation
External Consultation - Community & Stakeholder
Thynne Macartney – Tim Quirk
Page 34 of 119
Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Internal Consultation
Nil
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director X Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 35 of 119
Section 36
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
4 MCU19/0081 PLANNING & ENVIRONMENT COURT APPEAL NO. D176 OF 2019 -
REFUSAL OF APPLICATION FOR 16 ANCILLARY DWELLING UNITS AT 64 GATEWAY
DRIVE, NOOSAVILLE
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development Department
Index ECM/ Application/ MCU19/0081/ Case/ 64 Gateway Pty Ltd
Attachments 1. Proposal Plans
EXECUTIVE SUMMARY
Not applicable
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 8 June 2021 regarding Planning & Environment Court
Appeal No. D176 of 2019 and agree to settle the appeal generally in accordance with the following
conditions:
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
19020 A.102 C Master Plan – Staging Plan 09-07-2019
19020 A.103 B Caretakers Residences 09-07-2019
19020 A.200 F Master Floor Plan 09-07-2019
19020 A.201 E Pod A – Floor Plan 09-07-2019
19020 A.202 E Pod B – Floor Plan 09-07-2019
19020 A.203 E Pod C – Floor Plan 09-07-2019
19020 A.204 E Pod D & E – Floor Plan 09-07-2019
19020 A.205 E Pod F – Floor Plan 09-07-2019
19020 A.206 E Pod G – Floor Plan 09-07-2019
19020 A.207 E Pod H – Floor Plan 09-07-2019
19020 A.300 D Elevations 09-07-2019
19020 A.301 C Elevations 09-07-2019
3. The layout of the proposed development must be amended to ensure the fire separation
requirements of the Building Code of Australia for the internal stairs to the upper level storage
are met. Amended plans must be provided to Council demonstrating compliance with this
condition prior to issue of a Development Permit for Building Works by a building certifier.
Nature and Extent of Approved Use
4. Each ancillary dwelling unit must not be let independently of the industrial use conducted on
the lower level and may only be occupied by the caretaker, owner or employee of the industrial
use conducted on the low level.
5. Each ancillary dwelling unit must not be separately titled to the industrial use on the lower level
and must remain associated and ancillary to the industrial use on the lower level.
Page 36 of 119
Section 37
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
6. Each ancillary dwelling unit must not exceed a gross floor area of 65m2.
7. All ancillary dwelling unit windows must be double glazed.
8. Partition walls for each ancillary dwelling unit must be increased from 150mm to 180mm in
width. All partition walls must comply with AS/NZS 1664.1 SUPP 1:1997 together with AS/NZS
1664.1:1997 AMDT 1.
Currency Period
9. The development approval lapses if the works have not been completed and all conditions of
approval been complied with by 17 June 2027, unless an application to extend the currency
period is approved by Council.
Compliance with 132007.738.04
10. All conditions of development approval 132007.738.04 for a Development Permit for Material
Change of Use for Industrial Business Type 1 – Warehouse and Industrial Business Type 2 –
Production, Alteration, Repackaging & Repairing) must be completed.
REPORT
On 19 September 2019, Council at its Ordinary Meeting, resolved to refuse an application for 16
ancillary dwelling units at 64 Gateway Drive, Noosaville for the following reasons:
1. The proposed development is not for Ancillary dwelling units as defined under section 2.11.5
of the Planning Scheme because:
i. multiple dwelling units are proposed on the premises;
ii. the proposed dwelling units are not subordinate to the non-residential use.
2. The proposed development is for multiple housing which under Table 11.9 of Division 10 of
the Noosaville Locality Plan is an inconsistent use in the Industry Zone requiring impact
assessment.
3. The proposed development is inconsistent with the Noosaville Locality Code in the following
respects:
i. The proposed use will be incompatible with other uses and works on the premises
contrary 11.7.2(a)(i) of the Overall Outcomes Division 16;
ii. The proposed use fails to protect the subject premises for industrial functions to the
exclusion of incompatible uses contrary to 11.7.2(vv)(ii) of the Overall Outcomes Division
16;
4. The proposal is inconsistent with Overall Outcomes 14.51.2(a) and (b) of the Detached House
Code as land zoned industrial is not suited for residential use and would be located in the
vicinity of land uses which would adversely impact the occupation and use of buildings and the
site by residents and would result in the residential development preventing or inhibiting the
conduct of existing land uses.
5. A number of the proposed dwelling units contain upper level storage levels directly accessed
by internal stairs which would not meet fire separation requirements of the Building Code of
Australia.
6. There is no planning need for the proposed development.
7. The proposed development is inconsistent with the existing development approval in effect for
the development of the site for industrial uses and represents a piecemeal development.
8. The proposed development is contrary to PO7 of the Low Impact industry Zone Code of the
draft New Noosa Plan provisions which reinforce that caretakers uses are to be subordinate
to the industrial uses on the site and include only one caretaker per site.
Page 37 of 119
Section 38
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Figure 1 – Locality Plan
Page 38 of 119
Section 39
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Figure 2 – Plans of the Approved Industrial Tenancies & Proposed Ancillary Dwelling Unit
The application was refused as the applicant had not provided sufficient information that
demonstrated the proposed 16 x 2 bedroom units would be used in accordance with the Planning
Scheme definition which details the units are to be occupied by the owner of the non-residential use
or somebody employed in the non-residential use. The size of the dwelling units was also not
considered to be in accordance with the planning scheme definition which details that the units are
to be subordinate to the non-residential use. In this instance the two bedroom units have an area
that is over 50% of the industrial floor area. The proposed units are better defined by the Noosa Plan
2006 as multiple dwelling units which are an inconsistent use in the Industry zone and required to
be publicly notified
Page 39 of 119
Section 40
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
The potential for 32 people to reside on the site and within the industrial estate was considered to
potentially erode the ability of the industrial area to function and attract industrial uses. Significant
concerns were also raised as to the potential impacts associated with reverse amenity especially as
the industrial development has not commenced, and it was not clear as the nature of the industrial
uses that may be undertaken on the site and new residential owners may not anticipate noisy
industrial uses.
As a result of Council’s decision to refuse the application, the applicant lodged an appeal to the
Planning & Environment Court seeking that the ancillary dwelling units be approved subject to
reasonable and relevant conditions.
During the course of this appeal, Council received legal advice that Council should seek to have the
Gateway Drive appeal dealt with by way of an originating application to the Planning & Environment
Court given Council contends the application was not for ancillary dwelling units and were better
defined as multiple dwelling units. At the time Council’s barrister for the appeal considered there
was merit in this approach for the following reasons:
Firstly, as a matter of statutory construction, the position of the Council seems to be more
preferable interpretation of the provisions in the planning scheme.
Secondly, if the matter is to proceed only by way of the appeal against refusal, having regard
to the grounds for refusal, I have concerns about the Council’s prospects of success.
Thirdly, my view about prospects is reinforced by the provisions of the Detached House Code
which do not seem to deal generally with ancillary dwellings and instead deal with detached
houses.
Fourthly, having this matter dealt by way of the originating application is likely to be much more
cost effective if the Council is successful as compared to having to run a trial with various
expert witnesses.
The originating application was heard by the Planning & Environment Court on 27 August 2020, with
judgement delivered on 31 March 2021. The judgement concluded that the ‘additional use proposed
as Ancillary Dwelling Unit and as defined in the Noosa Plan 2020, is capable of being applied to that
development application’, thereby favouring the applicant’s position in the appeal.
While the court was careful not to make other findings regarding the merits of the substantive appeal,
in light of the finding of the Court in the declaratory proceeding, Council’s solicitor for the appeal
advises that Council’s prospects in both appeals are damaged as the issues in dispute have been
reduced primarily to an impacts case.
In this regard the Noosa Plan 2006 contains very few requirements for ancillary dwelling units and it
is considered that this deficiency, now means Council will have low prospects of success in the
appeal, as the potential impacts identified do not warrant refusal over a conditional approval.
In this regard Council’s solicitor for the appeal has reviewed Council’s grounds for refusal and
provided comment against each reason for refusal.
1. The proposed development does not comply with the following assessment benchmarks:
(a) Overall Outcome (a) of the Detached Dwelling Code in that the proposed dwelling units
are not suited for the intended form of development having regard in particular to:
(i) the number of units proposed;
(ii) the nature of development including that the non-residential uses below the
dwelling units are presently unknown;
Page 40 of 119
Section 41
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
See our comments at (b) below, we are of the view that this is a matter capable of being
conditioned.
(b) Overall Outcome (b)(i) of the Detached Dwelling Code in that the proposed dwelling units
would adversely impact the occupation and use of buildings and the site having regard
to the nature of development including that the non-residential uses that are proposed to
occur below the dwelling units are presently unknown;
We suggest a condition could be included requiring that the ancillary dwelling unit not be
occupied independently of the industrial use i.e. if the use were to change, the ancillary
dwelling unit would need to be vacated, to avoid any adverse impact on the occupation of the
buildings.
(c) Overall Outcome (b)(ii) of the Detached Dwelling Code in that the proposed dwelling
units would inhibit the conduct of existing approved land uses being the non-residential
uses below the dwelling units; the exact nature of which are presently unknown;
Please refer to our comments provided in respect of point (b) above.
(d) Specific Outcome 26 of the Detached Dwelling Code in that the proposed dwelling units
are not located and designed to avoid significant amenity impacts having regard to the
existing approved land uses being non-residential uses the exact nature of which are
presently unknown;
In respect of amenity issues, it is difficult to envisage how the occupation of ancillary dwelling
units within the industrial complex could create amenity concerns. We note that in the Notice
of Appeal for the 64 Gateway Drive matter, the Appellant suggests that conditions could be
imposed to address potential reverse amenity impacts. They suggested:
Double glazed windows, noise attenuating installation and air-conditioning; and
By limiting the occupation of the ancillary dwelling unit to the caretaker, owner or
employee of the use conducted on the lower level of the land.
2. The proposed development cannot be conditioned to comply with the above assessment
benchmarks.
Seems unlikely.
3. Pursuant to s.27(f) of the Planning Regulation 2017 the proposed development should be
refused having regard to the existing approval for the subject land which allows industrial uses
to occur below the proposed dwelling units.
Please see our comments at 1(b).
4. Having regard to the Court’s residual discretion for code assessment, the proposed
development should also be refused having regard to:
(a) the fact that the proposed development does not comply with fire separation
requirements under the Building Code of Australia;[1]
In our view, Council could impose a condition requiring the Appellant to submit revised plans
that are compliant with the fire separation requirements under the Building Code. Otherwise,
it may be difficult for the Appellant to receive certification on the buildings which we understand
would preclude them from residential use in any event.
(b) the difficulties with monitoring the development to ensure compliance with the
requirements of the definition of “Ancillary Dwelling Units”.
We understand that compliance issues is not in itself a reason for refusal of a development
application. We suggest that as per our comments at 1(b), that a condition be imposed
requiring the developer to prove that the use of the ancillary dwelling unit is ancillary to the
industrial use occupying the premises.
[1]
a matter admitted by the Appellant (see para 34 of the Notice of Appeal)
Page 41 of 119
Section 42
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
On this basis it is recommended that Council resolve to settle this appeal, noting that the Noosa Plan
2020 now contains additional requirements for caretaker residences in the industrial area.
Previous Council Consideration
Ordinary Meeting Minutes, 21 November 2919, Item 5, Page 7
That Council note the report by the Acting Manager Development Assessment to the Planning &
Environment Committee Meeting dated 12 November 2019 regarding Planning & Environment Court
Appeal No. 176 of 2019 and agree to defend the appeal.
Finance
Council’s planning solicitor for the appeal has advised that prospects of success are low. Should
Council not resolve to settle the matter there will be further costs in proceeding with a trial, including
preparation of joint expert reports and time in court.
Risks & Opportunities
Nil.
Consultation
External Consultation - Community & Stakeholder
Thynne Macartney – Tim Quirk
Internal Consultation
Case Management Working Group
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 42 of 119
Section 43
ATTACHMENT 1
Page 43 of 119
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
5 MCU20/0008 - PLANNING & ENVIRONMENT COURT APPEAL NO. D102 OF 2020 –
REFUSAL OF ANCILLARY DWELLING UNIT AT 1/33 GATEWAY DRIVE, NOOSAVILLE
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development Department
Index ECM/ Application/ MCU20/0008/ Case/ Turner
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 8 June 2021 regarding Planning & Environment Court
Appeal No. D2102 of 2020 and agree to settle the appeal generally in accordance with the following
conditions:
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
Project No. 2020-01 C Site Plan prepared by Building Suncoast Green 13.01.20
Sheet No. 01 of 02
Project No. 2020-01 C Floor Plans 13.01.20
Sheet No. 02 of 02
Nature and Extent of Approved Use
3. The ancillary dwelling unit must not be let independently of the industrial use conducted on the
lower level and may only be occupied by the caretaker, owner or employee of the industrial
use conducted on the low level.
4. The ancillary dwelling unit must not be separately titled to the industrial use on the lower level
and must remain associated and ancillary to the industrial use on the lower level.
5. All windows of the ancillary dwelling unit must be double glazed and noise attenuating
insulation installed between tenancies.
Currency Period
6. The development approval lapses if the works have not been completed and all conditions of
approval been complied with by 17 June 2027, unless an application to extend the currency
period is approved by Council.
Page 56 of 119
Section 57
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
REPORT
On 21 May 2020 Council, at its Ordinary Meeting, resolved to refuse an application for an ancillary
dwelling unit at 1/33 Gateway Drive, Noosaville for the following reasons:
1. The proposed development is not for an Ancillary Dwelling Unit as defined under section
2.11.5 of the Noosa Plan because:
a) A detached house is proposed on the premises;
b) The proposed dwelling unit is not subordinate to the non-residential use;
2. The proposed development is for a detached house which under Table 11.9 of Division 10 of
the Noosaville Locality Plan is an inconsistent use in the Industry Zone requiring impact
assessment.
3. The proposed development is inconsistent with the Noosaville Locality Code in the following
respects:
a) The proposed use will be incompatible with other uses and works on the premises
contrary to 11.7.2(a)(i) of the Overall Outcomes Division 16;
b) The proposed use fails to protect the subject premises for industrial functions to the
exclusion of incompatible uses contrary to 11.7.2(vv)(ii) of the Overall Outcomes
Division 16;
4. The proposal is inconsistent with Overall Outcomes 14.51.2(a) and (b) of the Detached House
Code as land zoned industrial is not suited for residential use and would be located in the
vicinity of land uses which would adversely impact the occupation and use of buildings and
the site by residents and would result in the residential development preventing or inhibiting
the conduct of existing land uses.
5. The proposed development fails to provide sufficient car parking on site for the dwelling unit
and the non-residential use contrary to Overall Outcomes 14.110.2 c) and d) and Specific
Outcome O7 of the Driveways and Carparking Code.
Figure 1 – Locality Plan
Page 57 of 119
Section 58
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Figure 2 – Plans of Ancillary Dwelling Unit
Page 58 of 119
Section 59
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
The application was refused as it was considered that the proposed dwelling was too large to be
ancillary to the site’s industrial use, the applicant had not demonstrate a need for a caretaker and
therefore the proposal did not meet the Noosa Plan 2006 definition of ancillary dwelling unit and was
really just a detached house. Concerns were also raised that as the use was really a detached
house, the proposal was not suitable in the industrial area.
As a result of Council’s decision to refuse the application, the applicant lodged an appeal to the
Planning & Environment Court seeking that the ancillary dwelling unit be approved subject to
reasonable and relevant conditions.
During the course of this appeal and the Gateway Drive appeal (which raised similar issues), Council
received legal advice that Council should seek to have the Gateway Drive appeal dealt with by way
of an originating application to the Planning & Environment Court given Council contends the
application was not for ancillary dwelling units. At the time Council’s barrister for the appeal
considered there was merit in this approach for the following reasons:
Firstly, as a matter of statutory construction, the position of the Council seems to be more
preferable interpretation of the provisions in the planning scheme.
Secondly, if the matter is to proceed only by way of the appeal against refusal, having regard
to the grounds for refusal, I have concerns about the Council’s prospects of success.
Thirdly, my view about prospects is reinforced by the provisions of the Detached House Code
which do not seem to deal generally with ancillary dwellings and instead deal with detached
houses.
Fourthly, having this matter dealt by way of the originating application is likely to be much more
cost effective if the Council is successful as compared to having to run a trial with various
expert witnesses.
The originating application was heard by the Planning & Environment Court on 27 August 2020, with
judgement delivered on 31 March 2021. The judgement concluded that the ‘additional use proposed
as Ancillary Dwelling Unit and as defined in the Noosa Plan 2020, is capable of being applied to that
development application’, thereby favouring the applicant’s position in the appeal.
While the court was careful not to make other findings regarding the merits of the substantive appeal,
in light of the finding of the Court in the declaratory proceeding, Council’s solicitor for the appeal
advises that Council’s prospects in both appeals are damaged as the issues in dispute have been
reduced primarily to an impacts case.
In this regard the Noosa Plan 2006 contains very few requirements for ancillary dwelling units and it
is considered that this deficiency now means Council will have low prospects of success in the
appeal, as the potential impacts identified do not warrant refusal over a conditional approval.
In this regard Council’s solicitor for the appeal has reviewed Council’s grounds for refusal and
provided comment against each reason for refusal.
1. The proposed development is not for an Ancillary Dwelling Unit as defined under section 2.11.5
of the Noosa Plan because:
a) A detached house is proposed on the premises;
b) The proposed dwelling unit is not subordinate to the non-residential use;
Given the decision of the Court in the declaratory proceeding, we may only be able to place
limited reliance on this ground. We understand that the proposal is to operate the use in the
same way to the 64 Gateway development application – i.e., a caretaker/owner/employee of
the industrial use operating on the lower level of the site occupying the ancillary dwelling unit.
In respect of the argument it is in fact a detached house, the position of the Court is that when
determining what use applies, if a use fits within two or more types of defined use definitions,
it is up to the developer which one they apply under.
Page 59 of 119
Section 60
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
2. The proposed development is for a detached house which under Table 11.9 of Division 10 of
the Noosaville Locality Plan is an inconsistent use in the Industry Zone requiring impact
assessment.
See our comments provided at point 1 above.
3. The proposed development is inconsistent with the Noosaville Locality Code in the following
respects:
a) The proposed use will be incompatible with other uses and works on the premises
contrary to 11.7.2(a)(i) of the Overall Outcomes Division 16;
b) The proposed use fails to protect the subject premises for industrial functions to the
exclusion of incompatible uses contrary to 11.7.2(vv)(ii) of the Overall Outcomes Division
16;
The Appellant pleaded that they would be happy to accept a condition limiting the occupation
of the ancillary dwelling unit to a caretaker/employee/owner of the industrial use conducted on
the lower level of the land. In respect of amenity concerns, they also noted they would accept
a condition requiring the incorporation of double-glazed windows, noise attenuating installation
and air-conditioning.
4. The proposal is inconsistent with Overall Outcomes 14.51.2(a) and (b) of the Detached House
Code as land zoned industrial is not suited for residential use and would be located in the
vicinity of land uses which would adversely impact the occupation and use of buildings and the
site by residents and would result in the residential development preventing or inhibiting the
conduct of existing land uses.
See our comments above.
5. The proposed development fails to provide sufficient car parking on site for the dwelling unit
and the non-residential use contrary to Overall Outcomes 14.110.2 c) and d) and Specific
Outcome 07 of the Driveways and Carparking Code
In our view, this ground on its own would not withstand the appeal, given the car parking
requirements for a single ancillary dwelling unit would only be a car park or two.
On this basis it is recommended that Council resolve to settle this appeal, noting that the Noosa Plan
2020 now contains additional requirements for caretaker residences in the industrial area.
Previous Council Consideration
Ordinary Meeting Minutes, 20 August 2020, Item 3, Page 9
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 August 2020 regarding Planning & Environment Court
Appeal No. D102 of 2020 and agree to defend the appeal.
Finance
Council’s planning solicitor for the appeal has advised that prospects of success are low. Should
Council not resolve to settle the matter there will be further costs in proceeding with a trial, including
preparation of joint expert reports and time in court.
Risks & Opportunities
Nil.
Consultation
External Consultation - Community & Stakeholder
Thynne Macartney – Tim Quirk
Page 60 of 119
Section 61
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Internal Consultation
Case Management Working Group
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 61 of 119
Section 62
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
6 NOOSA BUSHLAND RESERVE STRATEGIC MANAGEMENT PLAN
Author Technical Officer – Natural Areas, Michael Lyons
Environment and Sustainable Development Department
Index ECM/ Bushland Reserve Management
Attachments 1. Draft Noosa Bushland Reserve Strategic Management Plan 2021-2026
(79 page attachment provided separately to this report)
2. Summary of results of public consultation
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Technical Officer – Natural Areas to the Planning & Environment
Committee Meeting dated 8 June 2021 and:
A. Note the submissions received as summarised in Attachment 2 and thank the submitters for
their input into the Noosa Bushland Reserve Strategic Management Plan 2021-2026; and
B. Adopt the Noosa Bushland Reserve Strategic Management Plan 2021-2026 provided at
Attachment 1 to the Report.
REPORT
The Noosa Council Corporate Plan 2017-2037 states a 20 year goal: “Our environment is protected
and enhanced and is valued by the community”. The Noosa Environment Strategy also seeks to
“protect and enhance existing ecosystems, vegetation and habitats”. Council’s Bushland Reserve
network, with an area of 3469ha, makes a significant contribution to meeting these aspirations.
Bushland Reserves protect a diversity of vegetation types including rainforest, open forest,
woodlands, coastal heath and wetlands, providing habitat for many fauna species including Koalas
and Glossy Black Cockatoos.
The purpose of the Draft Noosa Bushland Reserve Strategic Management Plan 2021-2026 is to
provide a clear strategic prioritisation for the operational management of the Bushland Reserve
network
The plan provides a clear strategic framework that inform annual operational works across the
reserve network. In some circumstances, complex or high-risk bushland reserves may have their
own, more detailed, management plans to support further prioritisation
Council’s Bushland Reserve network consists of 178 separate bushland reserves, each with their
own environmental, social and cultural values. It is therefore necessary to design management
actions based on priorities that best meet community needs, while recognising that management
resources are not unlimited.
1. Draft Noosa Bushland Reserve Strategic Management Plan 2021-2026
The Noosa Bushland Reserve Strategic Management Plan is the operational mechanism for the
implementation of several targets identified within the Noosa Environment Strategy. The Noosa
Bushland Reserve Network delivers values across all 4 themes of the Noosa Environment Strategy,
namely: Biodiversity; Waterways, Wetlands and Coasts; Sustainable Living; and, Climate Change
Adaptation and Resilience.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
The Bushland Reserve Strategic Management Plan:
describes the values and threats to biodiversity within Council’s bushland reserve network;
analyses tenure and protective status;
prioritises individual reserves for active management based on a set of values and feasibility
of achieving reserve resilience;
provides a series of recommendations at both the planning and operational levels to achieve
cost effective outcomes.
Similar to other areas in south-east Queensland, Noosa Council’s bushland reserve network is facing
a number of pressures that threaten its biodiversity values. Many of the reserves within Noosa Shire
are degraded to some extent and will require a large amount of effort and resources to restore them
to an ecologically resilient condition.
The key pressures on these biodiversity values are:
Pest animals directly impacting on native fauna and flora populations;
Invasive plants displacing native vegetation and transforming ecosystems;
Nutrient and sediment pollution of waterways and wetlands with associated impacts on
biodiversity;
Inappropriate fire regimes. Insufficient fire activities to maintain the 88.5% fire adapted
vegetation communities within reserves;
Interference to vegetation from adjoining property owners;
Impacts on reserve integrity from unauthorised recreational vehicle use;
Wildlife/resident conflicts.
This 5-year plan identifies individual reserve values including biodiversity, waterway, carbon sink
capacity, social and cultural values. It assesses the potential for recovery from such threats and this
enables a priority ranking of the 178 bushland reserves into separate ‘Tiers’ of management from 1
to 5, with 1 being the highest priority for management. The results of the assessment are shown on
Map 1.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Map 1. Bushland Reserve ‘Tiers’ informs priority reserves for management .
The prioritisation shown in Map 1 informs the management program required to achieve objectives.
At its Ordinary Meeting of 18 February 2021, Council resolved to undertake public consultation on
the Draft Noosa Bushland Reserve Strategic Management Plan 2021-2026. Public consultation was
undertaken over 4 weeks through Your Say Noosa and Noosa Council Facebook page.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
2. Results of the public consultation process
The Bushland Reserve Strategic Management Plan was placed on Your Say Noosa with the
Bushland Reserve Strategic Fire Management Plan. Consultation was open on 22 February 2021
and closed on 22 March 2021.
Across both plans there were 476 website visits with 322 ‘aware’ participants (visited more than one
page) and a further 142 ‘visitors’ (visited only one page). There were 214 downloads specifically of
the Draft Noosa Bushland Reserve Strategic Management Plan.
Overall 14 separate submissions were received on the two plans covering a wide range of topics.
Attachment 2 provides responses for each of the submission topics. In consideration of the
submissions, 6 amendments were made to the Draft Plan.
The following matters are considered common themes:
Resource allocation
Prioritisation Weighting- potential for successful management outcome
Volunteer Assistance and External Investment opportunities
2.1 Resource allocation
For its small size and ratepayer base, Noosa Council has a large area of reserve land to manage.
The level of resourcing required to manage this land to the highest ecological standard is very high,
and it is necessary to prioritise where the resources are best allocated to achieve its objectives and
the outcomes of the Environment Strategy.
Comments were submitted with regards to concerns over allocating resources away from the coastal
reserves and redefining Council’s intent to manage reserves based on Climate Change (Coastal
Hazards). Council seeks to manage bushland reserves for their biodiversity and conservation
purposes. Bushland reserves play an important role in buffering the effects of climate change both
physically (temperature regulation, stability for ‘at-risk’ landscapes) and through carbon storage and
capture. They also provide refugia during adverse climatic events (such as riparian areas during a
prolonged drought), and as potential dispersal corridors for fauna (and flora propagules) as species
retreat or retract to less impacted areas. Whilst these provide the above benefits, compared with all
reserves across our network the feasibility for these reserves to be restored to an ecologically
resilient state is often quite low. With consideration of realistic operational resource availability, is a
particularly relevant consideration and has been weighted accordingly.
2.1.1 Prioritisation Weighting- potential for successful management outcome
The philosophy behind prioritising reserves to achieve the best biodiversity outcomes recognises
that the best shire-wide biodiversity outcomes can be achieved by allocating resources to manage
the more ecologically resilient reserves first.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Weightings for each category of values was determined through a survey of an internal stakeholder
group consisting of 16 people from Environmental Services, Strategic Planning, Development
Assessment, Park & Gardens and Civil Operations staff.
Appendix 3 in the Draft Noosa Bushland Reserve Strategic Management Plan 2021-2026 shows
data sources and prioritisation criteria.
2.2 Volunteer Assistance and External Investment Opportunities
Noosa’s community are passionate about the natural landscape they live in, and there are active
community groups and a volunteer networks working within Council’s bushland reserves. This effort
adds value to that invested by Council, with significant biodiversity outcomes achieved on the ground
to date.
Provided efforts are strategic and well consulted, the work undertaken by community groups,
volunteers and employment teams can achieve great results and can complement and greatly value-
add the Council’s efforts to manage a variety of reserve issues.
Usually, when external investment opportunities arise, Council are exempt from applying for funding
however community partnerships with incorporated groups assist Council. Where opportunities arise
and align with the priorities outlined in this plan, Council will seek to support and supplement these
investment opportunities.
Previous Council Consideration
Ordinary Meeting Minutes, 18 February 2021, Item 5, Page 12
That Council note the report by the Principal Environment Officer and Natural Areas Technical Officer
to the Planning & Environment Committee Meeting dated 9 February 2021 and resolve to commence
public consultation on the Draft Noosa Bushland Reserve Strategic Management Plan 2021-2026
and Draft Noosa Bushland Reserve Strategic Fire Management Plan 2021 provided as Attachments
1 & 2 to the report.
Finance
The Bushland Reserve Strategic Management Plan 2021-2026 provides a prioritisation mechanism
for funding that is provided and will not impact on the current Environmental Services operational
budget. Any requests for further resources will form part of Council’s normal budget process, and
will be based on the strategic priorities identified in the Plan.
Risks & Opportunities
By prioritising works on reserves with the highest level of resilience, the overall ecological condition
of the reserve network will improve. Without this level or prioritisation, there is a risk that the
investment, regardless of size, does little more than maintain a status quo. Some Tier 1 reserves
are already in very good ecological condition and by removing the last remaining threats there is an
opportunity to systematically work down ‘the list’ to the reserves that require more work.
Prioritising works inevitably means that some areas identified as lower priority will not have short-
term actions applied to them. Some residents may not agree with the prioritisation methodologies,
particularly if their local reserve is identified as a low priority for management. Some of the lower
reserves may decline in ecological condition.
Consultation
External Consultation - Community & Stakeholder
Council engaged Noosa and District Landcare to develop the first Draft Noosa Bushland Reserve
Strategic Management Plan 2021-2026 and discussions on the draft have been undertaken with
local Bushcare Groups
Broad public consultation through Your Say Noosa and Council Facebook page.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services x Environment & Sustainable Development x Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development x Civil Operations
People and Culture x Environmental Services Disaster Management
x Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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Attachment 2: Results from public consultation on Noosa Bushland Reserve Strategic Management Plan 2021-2026
easier reading.
2.1 Council vision Recommend no change to the vision statement. The protection and enhancement of the
Vision statement is ambiguous and infers that Bushland Reserve Network is a shared responsibility, Council and staff also part of the Noosa
bushland reserves are managed by the community.
community. Should read that Council is
responsible for protection and enhancement.
3 Resourcing Under the Draft Bushland Reserve Strategic Management Plan the coastal reserves are assessed
Statutory & Strategic Obligations as having a resilience range of 4-5 (poor and very poor resilience) compared with other reserves
‘Implementation relevance’ means that Plans will | that are in very good condition. Under the Bushland Reserve Strategic Fire Management Plan the
require resourcing. Advise how much additional | coastal reserves are assessed as a High Priority for fire management actions. It is anticipated that
labour time and budget has been allocated to under the CHAP coastal reserves, will also be considered a high priority. Once plans are finalised,
coastal reserve over the next 5 years. any additional resourcing would be considered through Council’s normal budget processes and
deliberations.
gem of
4.2.4 Coastal Management Plan Included sentence stating these documents will guide future management activities.
Climate change amelioration.
This section should refer to the Coastal
6.3.2 Community involvement Bushcare Groups are not required to do core maintenance work and annual Bushcare group
Appreciate acknowledgement of Bushcare workplans aim to ensure that volunteers do not undertake works they are not able to maintain.
groups to do core maintenance. Strategic Management Plan may differ to that of some local community groups.
7. Reserve management framework Best practice principles apply to all reserves, but delivery is subject to priorities. It is not possible
There is much background on how the to manage all reserves at once. As higher priority reserves are restored, then management focus
management framework and best practice can shift to lower priority areas.
principles were developed but it is not clear how | Other priorities can influence operational activities in coastal areas, for example, climate change
this translates to operational activities. Re- resilience or recreation management. These activities are generally outside the scope of the
prioritise based on CHAP rather ecological Bushland Reserve Strategic Management Plan.
restoration.
7.1 Formal management framework Some reserves have a particularly high customer request load due to varied and complex issues
What does ‘conflicting management issues’ raised by residents. These high demand reserves may be targeted for the development of specific
mean? reserve management plans. These conflicting management issues are usually related to how land
is managed by Council.
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Council cannot assert that for 114 reserves The ‘monitor program’ may trigger a management action depending on the issue e.g., a new
identified for ‘monitoring’ that best practice invasive species identified as very high risk. A ‘do nothing’ approach is legitimate where actions
restoration principles will be applied. are unlikely to rectify the situation e.g., a weed species that is now naturalised and unlikely to
ever be eradicated.
70 reserves are identified for a ‘monitoring’ approach and the aim is to apply best practice
principles for all reserves, but on a priority basis.
7.2 Reserve prioritisation method Yes, because reserves with higher values have greater ecological recovery potential are a higher
Agrees with reserve weightings but does the priority for management.
‘Potential for Successful Outcome’ weighting
skew the scores?
For greater understanding can a community Yes. Council Officer presented prioritisation to a Coastal Bushland Care Representative.
group review the scoring for coastal reserves.
Does the size of the reserve affect the Yes, but a small overall percentage after weighting.
prioritization process?
7.4.3 Bushland Operational Assessments and
7.6 Service levels
Table starting page 34 too long. Replace with Agreed. Table has been removed and placed in appendix and replaced with summary table.
summary table and include original table in
Appendix.
Reserves identified as ‘monitor only’ do not have | Correct, these reserves are monitored for emergent issues and management actions are applied
labour allocation. only when required.
Reserves identified as ‘enhancement’ do not Correct, these reserves are guided by a BOA, the resourcing is different for each management
have a labour allocation. program.
How do levels of service achieve strategic plan This is measured through targets set by the Noosa Environment Strategy 2019 (see page 8, Figure
objectives? 1)
Include map showing reserve prioritization. Agreed. Amended Figure 18
visitor and resident needs, not based on Tier Values scores. This will likely include high visitor and resident needs as per social value score
category. weighting.
8.2.1 External investment opportunities
Many areas do not have ongoing maintenance by | If grant funded projects align with priorities set by the Plan, then there is opportunity to continue
Council after an external grant funded project ongoing maintenance. For low priority areas Council and the community will be reliant on
finishes. ongoing external funding support. Community groups should not be applying for grants where
there is no guarantee of ongoing funding for maintenance.
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Council relies too heavily on volunteer groups to | Many grants are not available for local governments to apply for, however when they are present
attract external funding. Council needs to apply =| Council is very active (noting over $400,000 in a little over 12 months from Works 4 Queensland,
for more external funding. direct to bushland reserve management) .
8.3.2 Bushland Care Program Noted.
Council needs to actively recruit more Whilst, many groups work within Council’s Bushland Reserve Network, essentially such an activity
volunteers. needs to be addressed via the Bushland Care Program, which is a separate program with a
different set of values.
8.4.2 Invasive species management
Is the eradication of invasive weed species just a_ | Desired outcome for reserves requiring ‘enhancement’ and a real outcome for reserves identified
‘desired’ outcome or ‘real’ outcome for ‘protect’ | for protection.
and enhance’ reserves?
9. Action Plan The Bushland Reserve Strategic Management Plan reduces the need for individual management
Too much weight given to planning, knowledge plans.
building and education, and not enough on The development of management plans is time consuming, and it is noted that the submitter has
maintaining reserves. previously stated the need for a Coastal Management Plan and Coastal Hazard Adaptation Plan.
Building reserve knowledge activities are already happening within current capacities.
Actions of education and engagement are undertaken within current capacities acknowledging
there is no dedicated education officer.
10. Monitoring and Evaluation
Objective 1 is not specific and the KPI does not Recommend no change, objective is specific and consistent with 2019 Environment Strategy.
address the objective.
een eee
Document structure Document has now included list of figures and map (figure 18) to provide further clarity.
Include a map, glossary of terms and numbered
Provide a clear framework that links the Refer to Figure 19 — Decision Framework for Management Program Category and Planning
prioritisation tool to operational plans and Mechanism allocation.
works.
Increase resourcing. The Strategic Management Plan identifies priorities for management based on the weightings
-Increase Environment Levy shown in Figure 17 and within current budgetary constraints. Where additional funds are
-Federal/State funds required, this can be done through a budget review process and considered by Council along with
-Offsets other budget priorities.
-Sell of lower value reserves
-More community stewardship
Focus should be on retaining, protecting and Noted
enhancing vegetation and habitat on reserves
with the most significant environmental and
community values.
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Page 71 of 119
Retaining, enhancing, rehabilitating and
connecting bushland reserves is extremely
important for wildlife movement.
[comemaboulenhicaiass
concerns about leash free areas.
[eorcenPon andesite
Boreen Point and the Yurol-Ringtail SF project
pea Se
More road infrastructure to reduce vehicle strike | It is not possible to fence and gate all roadways in the Noosa Shire. Fire and dog attack may
on koalas and other fauna. actually present a greater threat. A better approach is building large core protected areas to
apleniong eel Desonmen:] Grsrtopirnnslesiatenowietiescpsetearsese ay
Change legislation to extinguish old Development | Changes to planning legislation is outside the scope of this strategic plan.
Change Environment Levy Conservation Land The Environment Levy policy already allows for this. Land is purchase based on priorities, threat
land for re-planting.
Emeertntcieessemee
Page 5. Submitter acknowledged that impacts
from recreational vehicle use is a significant
There is pressure to increase areas for
bushwalking and this can be alleviated by
providing more infrastructure. Bushwalking Qld
provides assist by reporting maintenance and
compliance needs.
Submitter commends Council for the Noosa Trail | Currently Council is reviewing the Noosa Trail network with the intent of connecting it too
Network but suggests it could be expanded to adjoining Council areas and the coast.
link with neighbouring Council areas.
Bushwalking Qld would be interested in Noted and Bushwalking Qld to be contacted through the Noosa Trail Masterplan public
developing processes for reporting of issues on consultation process.
the Noosa Trail Network
Soccer
Greater consideration of CHAP in the Bushland The CHAP is outside the scope of this Strategic Management Plan but additional to coastal
Reserve prioritisation methodology to highlight reserve management.
document clarity.
ice ation aces ee
Supports ‘enhancement’ category for Cooroora
Page 71 of 119Section 72
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expected to re-open well before then. Currently Trail 7 and 8 are closed for safety reasons, and
Trail 4 is open at times. Best to contact Council for updates.
Creek to Pomona town center. trails. Until the review is complete, we cannot say whether the walk track will be upgraded.
no
Indigenous names for features and localities Some of the mountain and local town names are indigenous. Part of the Noosa Trail Network
and signs.
Concerns over categorising Marcus Beach The reserve category is based upon resilience and ability to restore to a natural condition. Other
under resourced and reduce biodiversity values. | streams e.g., community grants, coastal reserves receive most of the funding for management.
caravan park. caravan/camping area. Currently Council has closed Johns Landing but may consider a
caravan/camping park in the future.
oe eee
Reserves purchased from the Environment levy This is currently the case. Reserves purchased by the Environment Levy are maintained through
could also having maintenance funded from levy | the Levy indefinitely.
More recruitment of volunteers needed due to Noted.
aging. As previously stated, whilst many groups work within Council’s Bushland Reserve Network,
essentially such an activity needs to be addressed via the Bushland Care Program, which is a
separate program with a different set of values. Further investigation into marketing approach
could assist with demographic.
eens eee icidvogte snes by Comal aug the budge see poses,
More on-ground staff for dunal works. Staff levels for the Bushcare program has increased over the last few years. For further increases
working bees. through Council budget review processes and overall budget priorities.
activities and Council needs to boost funding for
climate change impacts.
dunes. and CHAP
ier eedtobe managed nt | MetandiobeadtenetiyGonneenen rey
Encroachments such as seating and access over Noted and to be addressed by Coastal Management Plan.
required. program such as the NICA Urban Wildlife Gardens program.
Additional resources required to manage dunes ___| Coastal erosion and dune management is largely outside of the scope of this strategy and is to be
Page 72 of 119Section 73
Page 73 of 119
habitat at Sunrise Beach Council is not in a legal position to overturn an approved development.
Wallace Park Bushland Reserve should be a Wallace Park is identified as an ‘Enhancement’ reserve and has planned works and in
of Flying foxes on residents and the trees.
Concerned about flooding, fire and weeds at Wallace Park is identified as an ‘Enhancement’ reserve and has planned works and in
Page 73 of 119Section 74
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
7 NOOSA BUSHLAND RESERVE STRATEGIC FIRE MANAGEMENT PLAN 2021
Author Principal Environment Officer, Peter Milne
Environment and Sustainable Development Department
Index ECM/ Bushland Reserve Management
Attachments 1. Noosa Bushland Reserve Strategic Fire Management Plan 2021
(40 page attachment provided separately to this report)
2. Summary of results from public consultation
3. Safe Assure Peer Review
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Principal Environment Officer to the Planning & Environment
Committee Meeting dated 8 June 2021 and
A. Note the submissions received as summarised in Attachment 2 and thank the submitters for
their input into the Noosa Bushland Reserve Strategic Fire Management Plan 2021; and
B. Adopt the Noosa Bushland Reserve Strategic Fire Management Plan 2021 as shown in
Attachment 1.
REPORT
Background
In 2015 Council adopted the Noosa Bushland Reserve Fire Management Plan. Being a 5-year plan
this document is now up for review. The Noosa Bushland Reserve Strategic Fire Management Plan
2021 (referred to as the FMP for the remainder of this report) replaces the 2015 Plan and has been
updated to take a greater risk-management approach, recognising that there are multiple factors
involved including risks to staff and contractors, neighbours, and biodiversity.
The FMP applies a methodology to identify the highest priority reserves for management. Risk has
been assessed for:
On reserve: Staff, contractors, volunteers, visitors and biodiversity
Off reserve: Risks to neighbours
The risk assessment has been informed by the following mapping products provided by Queensland
Government:
Potential Bushfire Intensity mapping
Broad Vegetation Group (BVG) mapping, which informs planned burn frequencies
Bushfire Interface Zone mapping
Each of the risk categories have been weighted, with a heavier weighting towards immediate reserve
neighbours, and a final risk score applied. Those reserves with assessed Very High to High risks (as
shown Map 1) are identified as a priority for management and are included in a 5-year operational
plan of works to help mitigate risk to life, property and biodiversity.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Map 1. Shire risk assessment of the Bushland Reserve Network. The assessment covered risks to life, property
and biodiversity. Red and orange reserves rated the highest bushfire risk.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
1. Fire Management Plan 5-Year Operational Plan
Based on the FMP risk assessment, a 5-Year Operational Plan has been developed to guide on-
ground works. These works may include fire trail widening or extensions, and the establishment of
new Fuel Reduction Zones (FRZ). The Operational Plan also informs a prescribed burn program.
This operational plan is reviewed annually and delivers on the intent of the FMP.
Key to the delivery of the Operational Plan is a new initiative to fund a Fire Management Officer
position and the purchase of additional fire equipment to improve internal capacity to deliver
Council’s planned burn program.
2. Fire Management Plan-Action Plan
The FMP also includes an Action Plan to guide the delivery of broader fire management actions. 7
broad actions are identified:
Development of procedures for staff to respond to severe, extreme and catastrophic fire
weather. For example, this may include increased reserve inspections and cessation of
activities that may cause an ignition (e.g. slashing).
The development of a Community Engagement Plan to better inform residents and visitors
about bushfire risk.
Annual reviews of the prioritisation methodology, particularly in relation to climate change risks.
The ongoing implementation of the 5-Year Operational Plan for fire trails, fuel reduction zones
and planned burns.
Further engagement with key stakeholders including Queensland Fire and Rescue,
Queensland National Parks and Wildlife Service and Kabi Kabi Traditional Owners.
The development of Multi-agency Fire Management Plans at the highest risk localities.
Further investigation into State and Federal funding sources to support fire management.
3. Fire access trail standards
The FMP provides standards for fire access trails, based on the level of risk along the common
boundary interface. Most of the Noosa Bushland Reserve fire trail network occurs alongside
Category C (Residential building and facilities) and a 4m wide fire trail is deemed as an acceptable
standard where the terrain is suitable. This provides adequate clearances for access for fire vehicle
appliances.
The following table provides the guidelines for creation and maintenance of fire access trails or fuel
reduction zones for bushland reserves with high to very high bushfire risk.
Bushfire FMU Asset Protection Zone Fire unit Maintenance
Interface Assessment (APZ) access requirements
Zone risk Fire access Fuel
assessment trail width Reduction
Zone (FRZ)
width
Category A Vulnerable persons and buildings (e.g. nursing homes)
1 <20 degrees 15m 5m Large fire Fire trails every 3 months
appliance FRZ every 3 years
can access
and turn
around on Slashing/mowing every 3
trail. months
Narrow 3m N/A N/A control
vegetation line only
corridor
2 >20 degree N/A 20m N/A FRZ every 3 years
slope and/or
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Bushfire FMU Asset Protection Zone Fire unit Maintenance
Interface Assessment (APZ) access requirements
Zone risk Fire access Fuel
assessment trail width Reduction
Zone (FRZ)
width
highly erodible
soil.
Category B Essential service and hazardous facilities (e.g. utilities)
3 <20 degrees 10m 5m Large fire Fire trails every 3 months
appliance FRZ every 3 years
can access
and
undertake 3 Slashing/mowing every 3
point turn months
on trail.
Narrow 3m N/A N/A control
vegetation line only
corridor
4 >20 degree N/A 15m N/A FRZ every 3 years
slope and/or
highly erodible
soil.
Category C Residential buildings and facilities
5 <20 degrees 4m N/A Medium and Fire trails every 4 months
small fire
appliances
can have
one way
access.
Narrow 3m N/A N/A control Slashing/mowing every 3
vegetation line only months
corridor
6 >20 degree N/A 10m N/A FRZ every 4 years
slope and/or
highly erodible
soil.
Category D Industrial, commercial, agricultural
7 <20 degrees 3m N/A Small fire Fire trails every 5 months
appliance
can have
one way
access. Slashing/mowing every 5
Narrow 3m N/A N/A control months
vegetation line only
corridor
8 >20 degree N/A 6m N/A FRZ every 5 years
slope and/or
highly erodible
soil.
4. Consultation
Prior to the development of the Draft, internal consultation was undertaken with Council’s Natural
Areas Team and Disaster Management Team. An early Draft was provided to Queensland Fire &
Emergency Services for their review. The Draft was workshopped with Councillors on 17 December
2020 and presented to Council at its Ordinary Meeting of 18 February 2021, where Council resolved
to undertake public consultation over a four week period.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Public consultation was undertaken through Your Say Noosa and promoted through Noosa Council’s
Facebook page. Government and non-government organisations (see consultation section of this
report) with an interest in bushland reserve management and fire management were provided with
a link to view the Draft in case they wanted to make comment.
The Bushland Reserve Strategic Fire Management Plan was placed on Your Say Noosa with the
Bushland Reserve Strategic Management Plan. Consultation was open on 22 February 2021 and
closed on 22 March 2021.
Across both plans there were 476 website visits with 322 ‘aware’ participants (visited more than one
page) and a further 142 ‘visitors’ (visited only one page). There were 70 downloads specifically of
the Draft Noosa Bushland Reserve Strategic Fire Management Plan.
Overall 14 submissions were received from the public on the Plans. Some of the submissions
referred to both the Bushland Reserve Strategic Management Plan and the Bushland Reserve
Strategic Fire Management Plan. Most comments relate to the need to improve resourcing and
management of the bushland reserve network. 8 of the submissions included comments directly
related to fire management matters:
How did the risk assessment consider biodiversity values
Clarify planned burn objectives
Provide formal processes for informing wildlife response agencies
Provide more information on multi-agency fire management plans
Address how the Plan overcomes the challenges of limited Council resources
Include procedures for protecting threatened species and cultural heritage sites from fire
What is the relationship between the Fire Management Plan and the Coastal Management
Plan
Submitter supports the development of a FMP for the coastal reserves
Council should seek more State bushfire funding
Climate change needs to be considered with threats to biodiversity
The submitter has offered assistance with detecting and reporting of bushfires
Concerns over fire fuel loads in certain Bushland Reserves
Attachment 2 provides responses for each of the submission topics. In consideration of the
submissions, 8 amendments were made to the Draft Plan. Change for the draft that went out to
public consultation are highlighted in yellow in Attachment 1, the Noosa Bushland Reserve Strategic
Fire Management Plan 2021.
5. Peer review
During the public consultation phase Safe Assure was also engaged to complete a peer review of
the Strategic Fire Management Plan. Safe Assure made 10 recommendations:
Clarify why the risk rating is different between staff, contractors, volunteers and visitors
Consider climate change information as a first step in the risk assessment methodology
Consider vegetation types that may be a hazard post-fire e.g. falling Eucalypts
Develop community campaigns to reduce dumping of green waste into bushland reserves
which can increase fuel loads
Restrict vehicle access to fire trails for emergency services use only
Integrate the principles of the National Guidelines for Prescribe Burning Operations into the
risk assessment process
Include systems and processes for Council to have bushfire response capabilities
Investigate State and Federal funding opportunities to improve the resilience of building stock
located next to bushland reserves
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 JUNE 2021
Develop a communication plan regarding Councils planned burn program
Identify vulnerable people within mapped risk areas and share information with State agencies
Of the 10 recommendations, 9 have been incorporated into the Draft Plan. The last recommendation
concerning vulnerable people sits within Council’s Disaster Management team.
Previous Council Consideration
Ordinary Meeting Minutes, 18 February 2021, Item 5, Page 12
That Council note the report by the Principal Environment Officer and Natural Areas Technical Officer
to the Planning & Environment Committee Meeting dated 9 February 2021 and resolve to commence
public consultation on the Draft Noosa Bushland Reserve Strategic Management Plan 2021-2026
and Draft Noosa Bushland Reserve Strategic Fire Management Plan 2021 provided as Attachments
1 & 2 to the report.
Ordinary Meeting Minutes, 7 May 2015, Item 2, Page 3
That Council note the report by the Civil Operations Manager and Principal Environment Officer, to
the Infrastructure and Services Committee Meeting dated 28 April 2015 and:
A. Approve the Noosa Bushland Reserve Fire Management Plan 2015 - 2017, shown at
Attachment 1 to the report;
B. Note that fire management works proposed for 2015/2016 as set out in the Noosa Bushland
Reserve Fire Management Action Plan are subject to consideration as part of the 2015/16
budget process and that fire management works proposed for 2016/2017 will be reviewed
following the 2015/16 program and will also be subject to future budget consideration.
Finance
The Noosa Bushland Reserve Strategic Fire Management Plan 2021, through its bushfire risk
assessment process, identifies 60 reserves with very high or high risk ratings. To avoid/mitigate risk
the Plan informs a 5-Year Operational Plan which identifies the need for:
On average, 7 prescribed burns per year
An additional 2 km of fire access trails
1.7km of fire trail widening
An additional 6 km of Fuel Reduction Zones (FRZ)
To deliver the Operational Plan, an increase in operational capacity within Council is being proposed
for the 21/22 financial year. This includes a Fire Management Officer, training for staff, and the ability
to undertake our own prescribed burns internally, rather than relying solely on external contractors.
Risks & Opportunities
The delivery of fire management actions is subject to internal and external resource availability. If
resources (such as qualified contractors or internal Council staff) are not available for delivery, then
it is unlikely the Bushland Reserve Strategic Fire Management Plan can be delivered to meet risk
mitigation objectives set by the plan.
The creation of the Firetech group of businesses at the Peregian hub provides an opportunity for
Noosa to lead in the way technology can help predict and mitigate the impacts of wildfire. The further
development of an in-house capacity to undertake prescribed burns will support the development of
a ‘living lab’ to test and ground-truth these technologies.
Consultation
External Consultation - Community & Stakeholder
Broad public consultation opportunities were provided through Your Say Noosa and Council
Facebook page as noted in the body of the report.
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