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2017-02-07 Planning and Environment Committee Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 7 February 2017
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell, Tony Wellington
“Noosa Shire – different by nature”
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Full text of sections 2 to 72 (of 125)
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 132004.240018.C REQUEST TO CHANGE DEVELOPMENT APPROVAL FOR
GREENWOOD GROVE AT STRAKER DRIVE (PREVIOUSLY 47 PINE STREET,
99 GARNET STREET AND 34 ASHGROVE DRIVE) COOROY 3
2 MCU16/0133 & OPW16/0247 DEVELOPMENT APPLICATION FOR MATERIAL
CHANGE OF USE FOR A BREWERY, TASTING AREA & ANCILLARY DWELLING
UNIT & OPERATIONAL WORKS FOR CIVIL WORKS, LANDSCAPING AND
SIGNAGE AT 19 VENTURE DRIVE, NOOSAVILLE 12
3 FURTHER REPORT MCU16/0079 DEVELOPMENT APPLICATION FOR
MATERIAL CHANGE OF USE FOR EXTENSION TO NOOSA TEWANTIN RSL
CLUB AT 5 MEMORIAL AVENUE, TEWANTIN 37
4 PLANNING AND ENVIRONMENT COURT APPEAL 3 OF 2017 ISSUE OF
INFRASTRUCTURE CHARGES NOTICE ON DEVELOPMENT PERMIT FOR A
MATERIAL CHANGE OF USE CULTIVATION TYPE 2 INTENSIVE
(GREENHOUSE) AT 305 LAKE MACDONALD DRIVE, LAKE MACDONALD 67
5 LOCAL GOVERNMENT INFRASTRUCTURE PLAN (PUBLIC PARKS & LAND FOR
COMMUNITY FACILITIES NETWORK DSS) 70
6 LOCAL GOVERNMENT INFRASTRUCTURE PLAN (TRANSPORT - DSS) 82
7 SHAPINGSEQ REGIONAL PLAN 88
8 COMMUNITY FEEDBACK ON THE NEW NOOSA PLAN DISCUSSION PAPER 102
9 LAND FOR WILDLIFE MEMORANDUM OF UNDERSTANDING 108
CLOSED SESSION -
Page 2 of 125
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 132004.240018.C REQUEST TO CHANGE DEVELOPMENT APPROVAL FOR
GREENWOOD GROVE AT STRAKER DRIVE (PREVIOUSLY 47 PINE STREET, 99
GARNET STREET AND 34 ASHGROVE DRIVE) COOROY
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Planning & Infrastructure Department
Index ECM / APPLICATION / 132004.240018.C/23689 DA
Attachments 1. Proposed Staging Plan
APPLICATION DETAILS
Applicant J Jordan
Proposal Development Permit for Material Change of Use of Premises –
174 Dwelling Houses
Development Permit for Reconfigure a Lot - 3 Lots into 174 Lots
(& Park Lots)
Properly Made Date 28 November 2016
PROPERTY DETAILS
Property Address Straker Drive (Previously 47 Pine Street, 99 Garnet Street & 32
Ashgrove Drive), Cooroy
RP Description Lot 1106 SP 2855884
Land Area: 65.5ha
Existing Use of Land Development is being undertaken in accordance with permit, first
6 stages (of 9) have been completed.
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroy
Zone Detached Housing
Overlays Natural Hazards Overlay - Bushfire
Assessment Type Change to Approval
SARA Referral Department of Transport and Main Roads – No objection
Page 3 of 125
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 7 February regarding Application No. 132004.240018.C for a change
to Development Permit for Material Change of Use of Premises – 174 Dwelling Houses and
Development Permit for Reconfiguring a Lot - 3 Lots into 174 Lots (& Park Lots) situated at
Straker Drive (previously 47 Pine Street, 99 Garnet Street and 34 Ashgrove Drive) Cooroy and:
A. Approve a change to conditions 50, 65.1.6, and 65.1.7 to read as follows:
50. Except as may be modified by conditions of this permit the lot reconfiguration shall
generally be in accordance with proposal; plans 97/619P2, dated 11/04/06 by Max
Watterson & Associates and the Staging Plan (similarly referenced as 97/619P2,
dated 11/04/06) which stages the development as follows:
Stage 1 Lots 1 to 8, Lots 156 to 174, Central North Park Reserve (comprising
an area of approximately 1.00ha and backing onto Lots 155 and 157-
160), new road reserve, and balance lot.
Stage 2 Lots 9 to 22, Central Park Reserve (comprising an area of
approximately 6,357m2 and backing onto Lots 17-23 and 38 & 39),
new road reserve, and balance lot.
Stage 3 Lots 23 to 27, Lots 136 to 154, new road reserve, balance lot, and if
not already dedicated, the Central North Park Reserve (comprising an
area of 1.00ha and backing onto Lots 149-154).
Stage 4 Lots 28 to 30, Lots 116 to 135, Eastern Park Reserve (comprising an
area of approximately 7.297ha and encompassing Cooroy Creek), new
road reserve, and balance lot.
Stage 5 Lots 31 to 38, Lots 102 to 115, Central South Park Reserve (located
between Lot 101 & 102 and extending to the Bruce Highway
Boundary), Buffer Strip (backing onto Lots 102-111 and extending to
the Bruce Highway), new road reserve, balance lot, and if not already
dedicated, the Eastern Park Reserve (comprising an area of
approximately 7.297ha and encompassing Cooroy Creek).
Stage 6 Lots 39 to 44, Lots 80 to 101, Buffer Strip (backing onto Lots 90-101
and extending to the Bruce Highway), new road reserve, balance lot,
and if not already dedicated, the Central Park Reserve (comprising an
area of approximately 6,357m2 and backing onto Lots 17-23 and 38 &
39) and the Central South Park Reserve (located between Lot 101 &
102 and extending to the Bruce Highway Boundary).
Stage 7 Lots 45 to 62, Lots 77 to 79, new road reserve, and balance lot.
Stage 8A Lots 63 to 68, Lots 72 -76, new road reserve, and balance lot (if
applicable)
Stage 8B Lots 69 – 71, new road reserve, and balance lot (if applicable)
65.1.6 Pine Street, between the new internal loop road (near lot 74) and the western end
of Lot 69, must be upgraded to an 8.0 metre pavement width and include the
provision of 3.0 metre wide traffic lanes, and a 2.0 metre wide marked parking lane
on its southern side. There must be kerb and channel and a 2.0 metre wide
footpath on the southern side of Pine Street. Kerb and channel is not required to
the northern side of Pine Street. These works must be completed prior to Plan
Sealing of Stage 8A.
65.1.7 The following works are to be implemented to the Pine Street – Bagnalls Road
route, between the western end of Lot 69 and the northern side of the Bagnalls
Road Bridge (which crosses the Bruce Highway), prior to Plan Sealing of Stage
Page 4 of 125
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
8A. The Pine Street/Bagnells Road bend must be upgraded to include curve
widening to facilitate safe passing of heavy rigid vehicles in opposite directions.
Curve widening is to be affected on the outside of the bend with an appropriately
remarked centre line. Appropriate measures must be implemented at the bend, to
mitigate its existing substandard design speed, in accordance with the
requirements of the Manual of Uniform Traffic Control Devices.
B. Refuse to change conditions 65.1.4 and 65.1.5 for the following reasons:
1. There is sufficient area within the road reserve for the works.
2. The works will provide for pavement upgrade that facilitates safe vehicle movement
and lot frontages consistent with the planning scheme requirements for residential
lots.
C. Delete Conditions 75.2 and 123.
REPORT
1. BACKGROUND
On 25 May 2006 Council granted approval for a Material Change of Use of Premises and
Reconfiguration of a Lot for the staged subdivision at Greenwood Grove in Cooroy. A Negotiated
Decision Notice was subsequently issued on the 7 September 2006.
Two subsequent changes were made to the approval on the 15 May & 24 November 2008. The
changes concerned amendments to Conditions 65.1.1, 65.1.2, 65.1.3 (Upgrading Garnett & Pine
Streets) & 132 (Service Easements).
In June 2010 Council agreed to extend the relevant period, with a corresponding change to
Condition 4.
An application seeking to amend Condition 65.1.3 to allow a partial monetary contribution in lieu
of upgrade works required to Garnet Street was refused in November 2010.
A further change to the Development Approval was approved by Council on 6 April 2011. The
changes amended conditions 65.1.2 and 65.1.3 to allow for the option of an Infrastructure
Agreement (IA) to be substituted for the full upgrade works required to Garnet Street.
On 20 November 2014 Council amended the Development Approval agreeing to a further
change to condition 65.1.2, with an additional condition included.
2. PROPOSAL
The applicant seeks to amend conditions of the approval (conditions 65.1.4, 65.1.5, 65.1.6 and
65.1.7), delete condition 123 and proposes a sub-staging of Stage 8 of the approved
development to clarify the Pine Street design.
The proposed changes primarily relate to road works in Pine Street and Bagnells Road.
There are issues with the provision of kerb and channel on the inside of the Bagnalls Road / Pine
Street bend as it is not possible to increase the radius of the bend because there is no land
available on the inside of the bend.
3. STATUTORY PROCESS
The applicant has requested to make a change to a development approval under s369 of the
Sustainable Planning Act 2009. A request to change a development approval under s369 can
only be made in circumstances where that change would constitute a ‘permissible change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a permissible change on grounds that:
Page 5 of 125
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
The change would not result in a substantially different development because the number
of houses and lots remains unchanged and the proposed changes affect works external to
the site that are required under permit conditions;
The change would not require the application to be referred to additional concurrence
agencies;
The original application was impact assessable and the proposed changes would not likely
cause a person to make a properly made submission because the ultimate development
remains the same; and
The change would not cause the approval to involve prohibited development.
On this basis, the applicant has followed lawful process in making a request under s369 of the
Act.
4. ASSESSMENT
Condition 65.1.4
The eastern half of Pine Street, extending from Garnet Street up to the intersection of the new
internal loop road (near Lot 74), shall be upgraded to an External Urban Local Road.
Condition 65.1.5
The western half of Pine Street, extending from Garnet Street up to the intersection of the new
internal loop road (near Lot 74), shall be upgraded to an External Rural Collector Road.
Condition 65.1.6
The eastern half of Pine Street, extending from the intersection of the new internal loop road
(near Lot 74) to the northern side of the Bagnalls Road Bridge (which crosses the Bruce
Highway), shall be upgraded to an External Urban Access Road.
Condition 65.1.7
The western half of Pine Street, extending from the intersection of the new internal loop road
(near Lot 74) to the northern side of the Bagnalls Road Bridge (which crosses the Bruce
Highway), shall be upgraded to an External Rural Local Road.
Applicants requested change
The applicant requests that the conditions be amended to:
Exclude the upgrading of Pine Street from lot 69 to the Bagnalls Road bridge as they
cannot achieve the required horizontal curve radius requirements in accordance with
Austroads.
Nominate a design speed of 40km/h as the existing horizontal curve radius does not
adhere to any design speeds greater than this.
To achieve this, the applicant proposes that the conditions be re-worded as per the following for
the purpose of clarifying the Pine Street design:
Condition 65.1.4
The eastern half of Pine Street, extending from Garnet Street up to the intersection of the new
internal loop road (near lot 74) shall be upgraded to an External Urban Local Road with a
nominated design speed of 40km/hr.
Condition 65.1.5
The western half of Pine Street extending from Garnet Street up to the intersection of the new
internal loop road (near lot 74) shall be upgraded to an External Rural Collector Road with a
nominated design speed of 40km/hr.
Condition 65.1.6
Page 6 of 125
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
The eastern half of Pine Street, extending from the intersection of the new internal loop road
(near lot 74) to the western side of lot 72 shall be upgraded to an External Urban Access Road
with a nominated design speed of 40km/hr. The road shall transition back to tie-in with the
existing pavement between lots 71-69.
Condition 65.1.7
The western half of Pine Street extending from the intersection of the new internal loop road
(near lot 74) to the western side of lot 72 shall be upgraded to an External Rural Local Road with
a nominated design speed of 40km/hr. The road shall transition back to tie-in with the existing
pavement between lots 71-69.
The applicant proposes the following grounds in support of the amendment application:
1. Traffic generated by the Greenwood Grove Estate does not head west along Pine Street to
Bagnalls Road Bridge (which crosses the Bruce Highway).
2. Bagnalls Road (west of the Bruce Highway) services an existing rural residential
subdivision and while this land has been included in the Urban Footprint under the SEQ
Regional Plan, we understand that it is not intended to be included within the Council’s
urban development area. Regardless, should that land be included within the urban
development area any upgrade to Bagnalls Road or Pine Street should fall upon that
development given it is that land which will be generating the additional traffic using
Bagnalls Road and Pine Street.
3. The proposed changes deliver the safest road design outcomes.
4. Discussions with the adjoining landowner at 1 Bagnalls Road (Lot 1 RP111730) has
indicated that they do not want kerb and channel along their frontage and wish to maintain
the existing rural feel.
Assessment
The conditions of approval currently require Pine Street, the Pine Street / Bagnalls Road bend,
and Bagnalls Road north of the bridge over the Bruce Highway to be upgraded to an 8 metre
pavement width, with kerb and channel on the southern side of Pine Street and the eastern side
of Bagnalls Road (as well as a concrete footpath adjacent to the kerb and channel). The northern
side of Pine Street and western side of Bagnells Road are to have a bitumen edge.
The Pine Street / Bagnalls Road bend currently has a pavement width of about 6m, and has
advisory 40km/hr signage on each approach.
There is an existing path on the western side of the bridge across the Bruce Highway.
In their current form each condition nominates a different road classification for varying sections
of Pine Street with each road classification requiring a different design speed as per the below:
Condition 65.1.4 – External Urban Local Road = 50km/hr
Condition 65.1.5 – External Rural Collector Road = 60km/hr
Condition 65.1.6 – External Urban Access Road = 40km/hr
Condition 65.1.7 – External Rural Local Road = 60km/hr
The request to amend the design speed within each of these conditions to 40km/h is to give
affect to the applicant’s preference to not undertake improvement works to the Pine
Street/Bagnells Road Bend. A design speed of 40km/h will not require improvement works at the
Pine Street/Bagnells Road bend.
A review of the proposed changes has been undertaken by an external traffic consultant (Holland
Traffic Consulting Pty Ltd) who has advised:
The current proposal by the applicant proposes not to undertake upgrading work to the
Pine St / Bagnalls Rd bend, or to Bagnalls Rd at all. Nor does it propose to complete the
concrete path around the bend or along Bagnalls Road.
Page 7 of 125
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
In my view, the critical aspects of work from a traffic engineering and transport planning
perspective are:
(i) Extend the 8m pavement width in Pine Street with kerb and channel on its southern
side, to the western end of proposed lot 69. This is necessary to allow for on-street
parking associated with Lot 69. The pavement widening on the southern side of Pine
Street can also terminate at the western of Lot 69, provided appropriate linemarking
is included to funnel southbound Pine Street traffic to the appropriate travel path at
the bend. This could involve provision of a 2m wide marked parking lane between
the bend and the Straker Dr intersection, with 3m wide traffic lanes.
(ii) Provide curve widening to the Pine St / Bagnalls Rd bend to facilitate safe passing of
vehicles in opposite directions. This can be achieved on the outside of the bend
rather than on the inside, with an appropriate remarked centreline.
(iii) Provide a pedestrian path linking the western end of Pine Street to the existing path
on the western side of the Bagnalls Rd bridge. This can occur via the western side of
Bagnalls Rd, and would need to include the path crossing of Pine Street at a safe
distance from the Bagnalls Rd bend.
It is not considered reasonable to amend the conditions as per the applicant’s request. Instead it
is recommended to adopt the changes proposed by Holland Traffic Consulting Pty Ltd. The
advice from Holland Traffic Consulting demonstrates that the Pine Street/Bagnells Road bend
can be widened without the use of private land. The primary benefit of these works will be the
improvement of safety along Pine Street and through the Pine Street/ Bagnells Road bend.
These works will also facilitate the development of kerb and channel and associated car parking
to the front of the new dwellings which is consistent with the planning scheme requirements for
development of all new residential lot frontages.
It is considered reasonable to limit the provision of new kerb and channel and a concrete footpath
to the western end of Lot 69 as it will fully service all new lots within the development which front
Pine Street noting that there are no lot frontages on Bagnells Road.
A further benefit of limiting the extent of the kerb and channel and concrete footpath will be the
retention of a rural road frontage through the Pine Street/Bagnells Road bend and along Bagnells
Road.
While Holland Traffic Consulting Pty Ltd recommend that there be connectivity between the
existing footpath, which crosses the bridge on the western side of Bagnells Road, and the new
concrete footpath which will terminate at the western end of Lot 69, Council’s Managers for Civil
Operations and Infrastructure Planning & Design advise that these works would likely create a
significant safety issue for pedestrians and also agree that a concrete pathway is not appropriate
at this stage
There are existing table drains that mean it may not be possible to develop a formal concrete
path and pedestrian movement in this area would be very low and unlikely to be increased by the
development.
Any further development of Bagnells Road should be in conjunction with development which
increases road use, such as may be associated with the further subdivision of the properties on
the eastern side of Bagnells Road which are situated within the Urban Footprint under the SEQ
Regional Plan. As these properties are currently outside of the Cooroy Urban Growth Boundary
there is no short or medium term demand for this upgrade to occur.
Supporting the above changes will require amendment to conditions 65.1.6 and 65.1.7.
The applicants proposed changes to conditions 65.1.4 and 65.1.5 will not be supported as there
is sufficient area within the road reserve for the works. The works will provide for pavement
upgrade that facilitates safe vehicle movement and lot frontages consistent with Council
requirements.
Page 8 of 125
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
For context the following aerial photograph identifies the areas affected by the application.
Attachment 1 details the location of lots 69 and 74.
PINE STREET
BAGNALLS ROAD
Condition 123
Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank
(minimum storage 3000 litres per dwelling unit) that is plumbed to service the toilets in the new
dwelling and the landscaping areas. The design of the rainwater storage system shall be to the
satisfaction of the Manager of Plumbing Services.
Applicants requested change
The applicant requests the deletion of Condition 123.
The applicant has advised that amendments to the QDC no longer require the provision of
rainwater storage tanks for detached houses and therefore this condition is inconsistent with
State legislation. They also advise that the storage volume of the tanks is not considered as part
of the civil design and therefore their removal as part of current legislation does not impact on the
design of the stormwater solution for the development.
Assessment
It is considered reasonable to delete Condition 123 as when the stormwater design of the
development was assessed it was assumed that water tanks were full. Accordingly the removal
of the water tanks does not impact on the design of the stormwater solution for the development.
Page 9 of 125
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Furthermore, amendments to the QDC no longer require the provision of rainwater storage tanks
for detached houses. Therefore this condition is inconsistent with State legislation.
Staging of Works – Condition 50
Applicants requested change
To allow for staged construction work within the Pine Street reserve the applicant proposes that
Stage 8 be sub-staged into Stage 8A (comprising proposed Lots 63-68 & 72-76) and Stage 8B
(comprising proposed Lots 69-71).
Assessment
The sub-staging of Stage 8 is a minor alteration to the existing approved staging of the
development, However the sub-staging of works in the road reserve is not considered to be a
practical outcome.
The road works required by Conditions 65.1.6 and 65.1.7 traverses stages 8A and 8B. To ensure
that these works are not completed in a piecemeal manner it is considered reasonable to require
their completion prior to the Plan Sealing of Stage 8A.
Accordingly Conditions 65.1.6 and 65.1.7 will be amended to include a requirement that these
works must be completed prior to Plan Sealing of Stage 8A.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service x Civil Operations
Economic Development Infrastructure Planning & Design
Governance x Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 10 of 125
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
ATTACHMENT 1
STAGING PLAN DETAIL LOT LAYOUT
65
74
73
72
71
70
Page 11 of 125
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
2 MCU16/0133 & OPW16/0247 DEVELOPMENT APPLICATION FOR MATERIAL
CHANGE OF USE FOR A BREWERY, TASTING AREA & ANCILLARY DWELLING UNIT
& OPERATIONAL WORKS FOR CIVIL WORKS, LANDSCAPING AND SIGNAGE AT 19
VENTURE DRIVE, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM / Application / MCU16/0133 & OPW16/0247
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Building Suncoast Green
Proposal Development Permit for Material Change of Use of Premises -
Industrial Business Type 2, Entertainment & Dining Business
Type 1 and Ancillary Dwelling Unit and Operational Works for
Earthworks, Stormwater, Driveways, Parking, Erosion and
Sediment Control, Landscaping and Signage
Properly Made Date 27 October 2016
Information Request Date 24 November 2016
Information Response Date 30 November 2016
Decision Due Date 16 February 2017
Number of Submissions Nil
PROPERTY DETAILS
Property Address 19 Venture Drive, Noosaville
RP Description Lot 1 SP 216079
Land Area 1979m²
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Industry
Overlays Biodiversity Overlay
Natural Hazards Overlay
Assessment Type Impact
Page 12 of 125
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 7 February 2017 regarding Application No. MCU16/0133 &
OPW16/0247 for a Development Permit for Material Change of Use for Industrial Business Type
2 and, Entertainment and Dining Business Type 1 – Food & Beverage and Ancillary Dwelling Unit
and Development Permit for Operational Works for civil works, landscaping and signage situated
at 19 Venture Drive, Noosaville and:
A. Approve the application in accordance with the following conditions:
MATERIAL CHANGE OF USE
PLANNING
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
01 of 09 M Ground /Site Floor Plan, prepared by Building Suncoast 29.11.16
Green
02 of 09 M Caretakers Floor Plan, prepared by Building Suncoast 29.11.16
Green
05 of 09 M Elevations, prepared by Building Suncoast Green 29.11.16
Nature and Extent of Approved Use
3. The Industrial Business Type 2 may operate 24 hours.
4. The Entertainment and Dining Business must be associated with the approved
industrial use on site and must not operate outside the hours of 7am to 12 midnight.
5. Product release events must start after 5pm Monday to Friday and after 1pm on
Saturday.
6. The ‘porous’ paved area located along the north elevation indicated on the approved
site plan is not approved to be used as part of the Entertainment and Dining
Business.
7. Any display and retail sale of goods must remain an ancillary component to the
approved use and must not exceed 20% of the gross floor area.
Building Height
8. The maximum height of the development must not exceed 10 metres above the
finished ground level and the natural ground level.
Performance Bond
9. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to arranging the pre-start meeting. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any
costs incurred by Council in respect of enforcing performance of this permit. Council
reserves the right to call upon the bond or guaranteed sum to effect compliance with
conditions.
Page 13 of 125
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Building Design
10. All air conditioning units or other mechanical equipment must be fully enclosed or
screened such that they are not visible from the street frontages.
11. Architectural feature trellis and window placement must be provided to the western
elevation as shown on the approved plans.
12. The pergola facing Venture Drive must remain uncovered.
Bicycle Parking and End of Trip Facilities
13. The proposal must provide 10 bicycle spaces, 5 lockers and 1 shower cubicle.
Water & Sewer Connections
14. An underground connection to reticulated water and sewerage must be provided to
the development site in accordance with the standards and requirements of Northern
SEQ Distributor–Retailer Authority (Unitywater).
15. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to the development site.
ENGINEERING
16. A minimum of 27 car parking spaces must be provided and marked on the site and
made available and accessible at all times while the use is open for business.
17. 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.
18. All landscaping, awnings and other structures in close proximity to the proposed
loading zone must be designed to ensure there is no obstruction or impact on the
function and use of the loading zone.
19. For traffic and pedestrian safety in Venture Drive, trucks and deliveries vehicles
reversing in or out of the loading zone to Venture Drive must be assisted by traffic
control.
20. The applicant must provide a 2.0m wide concrete footpath along the frontage of the
site to Vision Court which must extended to the northern boundary of the adjoining lot
to the south.
21. To ensure pedestrian safety between vehicles exiting the site and pedestrians on the
footpath, the driveway and any associated fencing or vegetation near the driveway
must comply with the minimum sight line requirements as defined in AS 2890.1,
section 3.2.4.
Stormwater Drainage
22. Stormwater runoff from the development must be disposed of on-site generally in
accordance with the approved engineering plans without causing scour or damage to
the subject site or any adjoining property.
Electricity and Telecommunication Services
23. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
Landscaping Works
24. The development site must be landscaped. The works must be undertaken in
accordance with the approved plans and Planning Scheme Policy PSP 3
Landscaping Plants and Guidelines.
Page 14 of 125
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
25. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures
healthy, sustained and vigorous plant growth. All plant material must be allowed to
grow to full form and be refurbished when its life expectancy is reached.
26. The street trees removed for the driveways construction (Venture Drive and Vision
Court) must be replaced in a cluster of three as indicated on the approved plans. The
replaced plants must have a minimum pot size of 45 litres and the same species of
that removed.
ENVIRONMENTAL HEALTH
Noise
27. Mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps etc. must be situated within the building or suitably provided
with noise reduction measures and located as to prevent a noise nuisance beyond
the boundary of the site and not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
(Excludes On-Site Ancillary Dwelling Unit – Caretakers Unit)
PERIOD Noise level at noise sensitive place measured as the
adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm Background noise level plus 5 dB(A)
10pm – 7am Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD Noise level at a commercial place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm Background noise level plus10 dB(A)
10pm – 7am Background noise level plus 8 dB(A)
28. When requested by Noosa Council, a Noise Impact Assessment Report (NIAR)
showing monitoring and recording of noise levels must be undertaken to investigate
any non-vexatious complaint caused by noise emissions from operations at the
premises. Such monitoring must be undertaken and completed within a reasonable
and practicable timeframe as nominated by council and be performed by a suitably
qualified and experienced person.
The NIAR must be submitted to Council detailing the results of such monitoring and
recommendations for any measures to achieve compliance with limits outlined in
Table 1 of this Decision Notice.
29. Measurement of sound pressure levels (adjusted for tonality and impulse) must be in
accordance with Australian Standard AS1055.1 “Acoustics – Description and
measurement of environmental noise – General procedures”.
For the purpose of measuring and certifying relevant noise conditions and reporting
(eg. mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps etc ), a suitably qualified person is either:
a. a Registered Professional Engineer of Queensland, or
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
b. an environmental consultant with a minimum of 3 years current experience in
the field of acoustics.
Air
30. Offensive odours, dust, smoke, fumes, particulates, or other contaminants likely to
cause a nuisance must not be emitted beyond the boundaries of the premises.
31. Incineration or open burning is not permitted on the premises.
32. When requested by Council, an Air Quality Assessment Report (AQAR)
characterising, monitoring and recording of nuisance emissions must be undertaken
to investigate any complaint (other than a frivolous or vexatious complaint) caused by
odours, dust, smoke, fumes, particulates or other contaminants from operations at
the premises.
33. Such monitoring must be undertaken within a reasonable and practicable timeframe
nominated by Council and be performed by a suitably qualified person in accordance
with relevant guidelines and Standards. The report must be submitted to Council
detailing the results of such monitoring and recommendations for control measures to
eliminate nuisance air emissions from the operation of the premises.
Outdoor Lighting Devices
34. Lighting associated with the use must be designed, sited, installed and tested to
comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the
obtrusive effects of outdoor lighting” using a control level of 1.
35. Certification must be submitted to Council from a qualified person which certifies that
all outdoor lighting devices comply with the requirements of this Decision Notice at
the time of commissioning.
For the purpose of certifying outdoor lighting devices for the development, a qualified
person is:
a. a Registered Professional Engineer of Queensland;
b. an environmental or electrical design consultant with a minimum of 3 years
current experience in the field of outdoor lighting.
Waste Disposal
36. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial
and Industrial Premises”. The facilities must include an external impervious area
correctly sized for all refuse and recycling containers and suitably screened from
public places and neighbouring properties. A bin wash area is required with a cold-
water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain
outlet must be designed to prevent storm water entry to the sewerage system. This
can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max
0.5m²), or alternatively the waste area can be roofed, or any other design approved
by Council.
37. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
OPERATIONAL WORKS – CIVIL WORKS/LANDSCAPING
Approved Plans
1. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Plan No. Rev. Plan/Document Name Date
C001 B Drawing Index and Standard Notes, 20/10/2016
Job No: SC-5928 prepared by Empire Engineering
C020 B Siteworks and Drainage Plan, prepared by 20/10/2016
Job No: SC-5928 Empire Engineering
C025 B Siteworks and Drainage Sections and Details 20/10/2016
Job No: SC-5928 Sheet 1, prepared by Empire Engineering
C026 B Siteworks and Drainage Sections and Details 20/10/2016
Job No: SC-5928 Sheet 2, prepared by Empire Engineering
C030 B Pavement Plan, prepared by Empire 20/10/2016
Job No: SC-5928 Engineering
C040 B Sign and Linemarking Plan, prepared by 20/10/2016
Job No: SC-5928 Empire Engineering
Sheet 06 of 09 M Landscape Plan Part 1, prepared by Building 29.11.16
Suncoast Green
Sheet 07 of 09 M Landscape Plan Part 2, prepared by Building 29.11.16
Suncoast Green
Sheet 08 of 09 M Landscape Plan Part 3, prepared by Building 29.11.16
Suncoast Green
Sheet 09 of 09 M Landscape Details, prepared by Building 29.11.16
Suncoast Green
LANDSCAPING WORKS
2. The fence must be designed, located and constructed in accordance with the
approved plans.
3. All landscape works must be constructed and undertaken generally in accordance
with the approved plans and conditions detailed in this Decision Notice.
4. Turfed areas within the Venture Drive and the Vision Court road reserves must:
a. Join smoothly and level with adjoining surfaces.
b. Be free of disease, pest, weeds, rock and debris.
5. Landscape works must:
a. Take all measures to prevent Fire Ants (or any stages of the fire ant life cycle)
entering the work site.
b. Take all measures to prevent Myrtle Rust infection.
c. Not obstruct overland flow paths and must include adequate drainage to
minimise ponding. Mulch or any floatable material must not be located in
swales, overland flow paths or around grated drains.
d. Not encroach onto kerb and channel, footpaths, pedestrian or vehicular/
circulation areas.
e. Not restrict access to service meters.
f. Delineate all garden to grassed area interfaces with a hard edge.
g. Ensure sales signage and ancillary infrastructure is not installed within the road
reserve.
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h. Ensure permanent irrigation is not installed within the road reserve.
i. Ensure all weeds and debris are removed from planting areas prior to planting.
j. Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free
of foreign matter including anthropogenic waste, rock, soil / sediment
contamination and is applied to ensure a minimum 100mm depth once settled.
6. Soil provided for landscaping must provide for the site specific vegetation
performance objectives.
7. All landscape works must be completed prior to the commencement of use.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
8. At least 5 working days prior to any works commencing, written advice must be
provided to Council detailing:
a. The name, contact details and ACN for the supervising Registered Professional
Engineer of Queensland (RPEQ) and Principal Contractor.
b. Proposed dates for commencement and completion of construction.
9. The principal contractor must have all the appropriate insurance and public liability
documentation to carry out the works. The principal contractor is also responsible to
ensure that any subcontractors also have the appropriate insurance and public
liability documentation. Certificates demonstrating currency of public liability
insurance and works insurance covering the works must be submitted to Council prior
to the prestart meeting.
10. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart meeting*. The contact number to arrange a prestart meeting is
5329 6291. The prestart meeting must include the relevant parties for the following
aspects of the works:
a. Civil engineering works.
b. Landscape works.
c. Erosion and sediment control works.
* (Refer to Advisory Note)
11. Copies of the approved plans, duly signed by the consultant Registered Professional
Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer
Construction at the “prestart” meeting.
12. A detailed existing condition report and photographs of all frontages of the site
including existing footpath, kerb line and road pavement must be completed and
submitted to Council prior to the prestart meeting.
13. A condition report including photographs of all existing fences and retaining walls
bordering the site and any buildings, structures, pathways, landscaping features etc
on adjoining properties that could potentially be impacted on by the proposed
earthworks and construction works must be completed and submitted to Council prior
to the prestart meeting.
14. A Construction Management Plan must be submitted to Council for approval prior to
the prestart meeting and must specifically include/address the following:
a. Traffic Management during all aspects of the construct phase including:
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i. A Traffic Management Control Plan in accordance with Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and
traffic control measures to be installed prior to construction.
ii. Fencing to the work site during the construction phase to ensure the
safety of the public and the road users.
iii. Maintenance of safe pedestrians and cyclists access across the frontage
of the site both during daily construction and after daily construction has
ceased.
iv. Sufficient parking arrangements for trucks, machineries and construction
workers without adversely impacting on traffic flow and/or the availability
of on-street parking in the local street.
b. Maintenance and protection of water quality and existing drainage lines through
the construction site through the implementation of appropriate erosion and
sediment control measures.
c. Works programme identifying key components of the works and their respective
durations.
d. The proposed dates for the commencement and the completion of the works.
e. Effective procedures and measures to minimise adverse environmental impact
on other properties and roads users including noise and dust emission.
f. Establishment of a communication protocol with the adjoining owners and any
other affected parties to advise of construction times, impacts on traffic and
services and any other relevant issues.
g. Identification of communication and complaint management procedures
including:
i. Contact details for the on-site manager.
ii. Dispute resolution procedures.
15. Any changes to the details associated with the supervising RPEQ or Principal
Contractor during construction, must be notified to council in writing within five
business days of the change occurring.
16. Any alteration to existing services or conflict between the development and an
existing or proposed service must be referred to the relevant service authority for
determination prior to commencement of works.
DURING CONSTRUCTION
General
17. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to assets
must be repaired immediately where it creates a hazard to the community. In
circumstances where the damage does not create a hazard to the community, it must
be repaired immediately on completion of the works associated with the
development.
18. All works must be supervised by a Registered Professional Engineer of Queensland
(RPEQ) who is independent of the Developer and Principal Contractor, and they must
certify that all works conform to the Operational Works permit. Where municipal
works are involved (eg pathway), such confirmation must be submitted for the
respective hold points prior to any site inspection by Council Officers.
19. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans and conditions detailed in this Decision Notice.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
b. All relevant Noosa Council Planning Scheme Policies, standard drawings,
standard specifications and guidelines, particularly PSP 5 – Engineering Design
Standards – Roads, Drainage and Earthworks.
c. The latest version of the Healthy Waterways document “Water Sensitive Urban
Design Technical Design Guidelines for South East Queensland” for all water
quality devices to be constructed on site.
Driveways
20. Driveway crossovers must be designed and constructed generally in accordance with
the approved plans and in accordance with IPWEA standard drawing RS- 051 and
must have levels and grades that match the levels, width (2m) and the grades of the
existing concrete footpath without creating trip hazards.
21. The following must be complied with during the construction of the required
crossovers/driveways:
a. The driveway width must not exceed 6m at the front boundary line and 9m at
the kerb line.
b. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete and must have a slip resistant surface.
c. The driveway must be constructed so as not to concentrate stormwater runoff
or ponding onto other properties and/or the road verge.
d. For public safety, the finish levels of crossover must ensure smooth transition to
existing surfaces such as the road grassed verge and existing concrete
pathway.
e. Where applicable, underground service conduits for water supply, electricity
and any other services must be provided as part of the access driveway works.
f. Have a minimum clearance not less than 500mm from the lentil of existing
stormwater drainage inlet pit.
g. Have a minimum clearance of 1.0m from any existing power poles, streetlights
or other signage.
h. Have a minimum clearance of 500mm from any Unitywater/Telstra asset,
unless a written approval is obtained from Unitywater/Telstra and submitted to
Council.
Pathway
22. A new 2.0m wide pathway must be constructed along the frontage of the site to
Vision Court and extended to the northern boundary of the adjoining lot to the south
in accordance with the following requirements:
a. Be generally in accordance with the approved plans and in compliance with the
higher order approval conditions and standard drawing IPWEAQ RS-065.
b. Footpath alignment must be amended where necessary to avoid conflict with
any existing obstructions (eg electricity power pole).
c. All paths, driveways and uncovered parking areas must have a slip resistant
surface.
d. Expansion and contraction joints must provide a flush finish. Installation of joints
by saw cutting is preferred to ensure a smooth ride for cyclists.
e. The works must include any modifications to existing service covers to ensure
the footpath finishes flush with all services and the like, so as not to create any
pedestrian safety hazard.
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f. For public safety, new pathway must terminate in a manner that ensures
smooth transition to existing surfaces (eg grassed verge, existing adjoining
pathway).
g. Be designed and constructed to comply with the Disability Discrimination Act
(DDA), Access to Premises Standard, Austroads and relevant sections of
AS1428 Design for access and mobility.
23. Construction hold point(s) with Council’s delegate must be established once the
pathway is ready for concreting and/or as may be agreed to at the prestart meeting.
Pavement Design and Construction
24. Pavement design for privately owned works must be undertaken in accordance with
the relevant standards and be designed and constructed to comply with the Disability
Discrimination Act (DDA), Access to Premises Standard and relevant sections of
AS1428 Design for access and mobility. Structural integrity of the driveway and car
park areas will remain the responsibility of the property owner/developer and must be
certified by an RPEQ.
Works within Road Reserve and Reinstatement Works
25. Safe pedestrian access on all streets in the vicinity of the development must be
maintained at all times. Should footpath and/or road closures be necessary to carry
out construction works, Council’s Engineering Officer must be notified prior to the
proposed closure and all requirements complied with.
26. Where required, any reinstated road pavement must be in accordance with IPWEA
standard drawing RS-170 with road pavement resurfacing to consist of a minimum
depth of 50mm of an approved hot mixed asphaltic concrete.
27. Any existing kerb & channel and concrete footpath sections requiring removal due to
the new works must be saw-cut and removed to allow for a smooth and neat finish
with the new works.
Earthworks
28. All earthworks must be undertaken in accordance with the provisions of AS 3798
Guidelines on Earthworks for Commercial and Residential Development, with
geotechnical supervision and testing undertaken in accordance with Section 8 of the
Standard, and to a minimum of ‘Level 2’ as defined in Appendix B.
29. All Earthworks and construction works must be carried out taking into consideration
the protection of any existing above and below surface services, and the stability and
protection of fences and any buildings and structures on the adjoining properties.
Stormwater Drainage
30. Stormwater drainage for the site must be provided generally in accordance with the
approved plans and must be supervised by RPEQ and its compliance with the design
and the relevant standards be included in the completed works certification by the
RPEQ.
31. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties including road and public footpath by blocking or
interfering with overland flow path.
32. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
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Erosion and Sediment Control
33. Sediment and erosion control measures must be in place prior to works commencing.
If such measures are not in place or are not satisfactory, “on the spot” fines may be
issued. Such fines can be issued if sediments from the site are found to enter or have
the potential to enter Council’s stormwater system, natural waterways, any
downstream stormwater filtration system or adversely impacting on other properties.
The sediment and erosion control design and measures have NOT been approved, it
is the site's Supervising Engineer who is responsible for ensuring that the sediment
and erosion control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance
with "best practise" methods,
b. Been revised by an RPEQ or CPESC to address the issues raised by changes
in the projected construction schedule and/or methods,
c. Been revised to address predicted rainfall events, and
d. Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented
measures be found inefficient.
34. The erosion and sediment control measures must be designed, installed and
maintained in accordance with the supervising engineer instructions and the current
best practice standards (refer to advisory notes).
35. The applicant must ensure non essential exposure of soil is prevented by restricting
the extent of clearing and minimising the duration of soil exposure to adverse weather
conditions and effectively turf or stabilise any cleared area without delay and prior to
rainfall occurring.
36. The applicant must ensure sediment does not leave the site or enter onto adjoining
properties or Council’s drainage system due to surface runoff or on tyres of vehicles
and/or machinery. It is essential to implement appropriate approved erosion and
sediment control measures throughout the site during all phases of construction
including vehicle shakedown pad/grid (or similar) at the access to the construction
site.
37. Prior to the completion of the development and commencement of use, all site
surfaces must be effectively stabilised using methods which have achieved effective
short-term stabilisation and which will continue to achieve effective stabilisation in the
medium to long-term. For the purpose of this condition, an effectively stabilised
surface is defined as one that does not, or is not likely to result in visible evidence of
soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to
water contamination.(for larger sites)
Damage to Services and Assets
38. Any damage caused to existing services, streetscape and assets (including kerb and
footpath) as a result of the development works must be repaired at no cost to the
asset owner at the following times:
a. Where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. Where otherwise, upon completion of the works associated with the
development.
Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
FOLLOWING CONSTRUCTION
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Certification
39. Upon completion of the work and prior to the final inspection a certificate must be
issued by an RPEQ certifying that the works have been constructed in accordance
with the Operational Works permit and applicable engineering standards.
40. A final inspection and approval of the completed works by Council’s Inspector is
required. Please contact Council on 5329 6291 to arrange for the inspection.
As Constructed Plans/On Maintenance
41. All municipal works must be accepted ‘On Maintenance’ by Council in accordance
with Council’s relevant Planning Scheme Policy. To achieve ‘On Maintenance’, the
supervising RPEQ must submit to Council:
a. Certification that all works have been undertaken and completed in accordance
with the requirements of this Permit.
b. As Constructed details in accordance with Council’s Planning Scheme Policy.
OPERATIONAL WORKS - SIGNAGE
Nature and Extent of Approved Development
1. This approval authorises the following signs as defined by the planning scheme and
shown on the Approved Plans:
a. 1 pylon sign
b. 3 wall signs
2. The approved signs must not be used for the advertisement of goods and/or services
not sold or conducted on the site (ie. third party advertising).
3. The approved signs must not exceed a maximum sign face area of 4m² (per sign)
and must not exceed a total sign face area of 10m² (a combined total of all signs on
site). The tank and stand pylon sign must not exceed 5m in height from the natural
ground level.
4. The approved signs must be positioned wholly within the property boundaries of the
subject site, and must not be located within or across any easements.
Illumination
5. The approved signs must not be illuminated in any way except for 2 wall signs, being
1 sign located on the north elevation and 1sign located on the western elevation.
6. The approved illuminated signs must not incorporate flashing lights nor involve
illumination by any means other than:
a. an internal light source
b. a down light, if externally lit.
7. Illumination resulting from direct, reflected or other incidental light emanating from the
approved signs must not exceed a luminance of 300 candelas per square metre.
8. All conduits, wiring, switches or other electrical apparatus installed on an advertising
device must be concealed from general view.
Movement
9. The approved signs must not revolve, move, contain moving parts, change its
message, flash, have a moving or flashing border, or give the impression of
movement in any way.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Maintenance
10. The approved signs must be properly maintained by the owner of the property to
ensure the signs continue to comply with the Approved Plans and conditions of this
Decision Notice.
B. The food and beverage use is ancillary and complementary to the primary industrial use
on-site and will not cause any reverse amenity issues and therefore is sufficient grounds to
justify the decision despite the conflict with the Planning Scheme.
REPORT
1. PROPOSAL
The application seeks approval for Industrial Business Type 2 for the brewing of alcoholic
beverages, Entertainment & Dining Business Type 1 food and beverage for an ancillary product
tasting room and associated kitchen and an Ancillary Dwelling Unit.
The built form consists of tilt panel construction with eave overhangs and a 2 tiered skillion roof
with high level windows for natural light. An outdoor covered area and a pergola face Venture
Drive. The west elevation facing Vision Court consists of some architectural iron work and a set
of small windows of varying sizes. The proposal is shown in Figure 1 below.
Figure 1 – Western elevation facing Vision Court
The industrial business consists of brewing, bottling and storage of alcoholic beverages. The
entertainment and dining business use allows for beverage tasting, local hospitality promotional
nights, craft beer industry nights and occasional product launches. Food for these events would
be offered from the kitchen.
The applicant indicates the ‘The ancillary dwelling unit will be occupied by an on-site Manager,
who will fulfil the role of head brewer. The resident will occupy the dwelling unit for on-site
security reasons, and to oversee the production processes, tasting room and education role on a
day to day basis, which will benefit the overall experience of local and tourist visitors alike.’
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
The total Floor Area of the building and the outdoor dining area is 958m² which includes:
742m² for the industrial business (including the mezzanine and the retail sales area)
116m² tasting area (includes kitchen),
50m² covered outdoor deck
50m² for the Ancillary Dwelling Unit
The floor layout is provided below as Figure 2.
Figure 2 – Floor Plan
The applicant seeks the following operating hours:
24 hours, 7 days per week for the industrial use and;
7am to 12 midnight for the tasting room
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
It is proposed that at full production a total of 6 staff will be employed on site.
The applicant proposes 27 car spaces and 4 motor cycle spaces. The majority of the spaces are
accessed from Vision Court, near the southern boundary, with 3 staff spaces located to the north
eastern corner of the development near the loading bay.
The applicant also seeks an operational works approval for signage. Table 1 below set outs the
signs proposed.
Table 1 - Signs
Type of sign Size Illuminated
Wall sign 3m² yes
north elevation (facing Venture Drive)
Wall sign 3m² no
south elevation
Wall sign 3m² yes
west elevation (facing Vision Court)
Freestanding ‘tank sign’ 1.59m² no
10.59m²
The application is before Council as the Entertainment and Dining Business Type 1 food and
beverage use (tasting room and kitchen) is an inconsistent use in the Industry zone.
2. SITE DETAILS
2.1. Site Description
The site is a corner lot which slightly slopes from south to north with no existing vegetation.
Figure 3 below shows the site’s location.
Figure 3 – Aerial showing subject site.
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2.2. Surrounding Land Uses
The site is within a new subdivision located between Gateway and Venture Drives which has
provided a vehicle link between the previously disconnected industrial precincts. The site is near
the small industrial tenancies of Gateway Drive and the Project Avenue industrial area. A small
industrial development has recently been approved nearby on the corner of Gateway and
Venture Drives and the Chocolate factory directly opposite the subject site to the west. Mitre 10
hardware is diagonally opposite to the north east.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions
3.3. Statutory Instruments – Planning Scheme
The Industrial Business Type 2 (brewery) and the Ancillary Dwelling Unit components are
consistent uses in the zone and would require a Code Assessable application process. The
Entertainment and Dining Business for the proposed tasting room and associated kitchen is
inconsistent in the Industry zone and is required to follow an impact assessable application
process.
The applicant expects the brewery to supply the local Noosa Shire market with potential export
market growth into the future, providing some economic diversification to the Shire.
The Noosaville Locality Code is most relevant and provides the following Specific Outcomes for
new uses in the Industry Zone:
Specific Outcome O190 & 191 reads:
O190 Uses are predominantly of an industrial nature ordinarily expected in an industrial estate
with ancillary uses compatible with industrial businesses.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
O191 Industry business uses are located, designed and operated to avoid significantly changing
the amenity enjoyed by users of surrounding premises.
The inconsistent component being the tasting room and associated kitchen is an integral part of a
brewery business model. Notwithstanding the proposed business model, the 70m² (use area)
tasting room is not proposed as a stand alone food and beverage use, but is ancillary to the
primary compliant industrial use on site; the brewing of alcoholic beverages. Furthermore, the
proposal would be compatible with the recently approved Noosa Chocolate Factory located
opposite the subject site, which also incorporates an ancillary food and beverage use.
It is considered that sufficient separation is provided between surrounding industrial uses to
mitigate any potential reverse amenity issues, given the site’s corner location and site layout.
The 62m² retail sales component complies with the Planning Scheme which allows a maximum
of 20% of the floor area for the retail sales of the goods manufactured on-site.
Hours of operation
The applicant seeks 24 hour operation for the manufacturing and distribution components of the
business and 7am to midnight 7 days a week for the tasting room.
The applicant advises:
‘A single batch of beer will take approximately 8 hours to manufacture from raw material to the
wort (the unfermented liquid beer). It is intended for brewing to take place twice a week or as
required and would take place between the hours of 7am and 6pm. Manufacturing (production
and bottling/packaging) on Monday and Tuesday. However the applicant would like to apply for
24 hours to allow for flexibility in the event of higher production due to increase in demands at
any given time’.
and
‘Initially it is expected that the business will not open to the public on Monday to allow for
cleaning, manufacturing and processing of the product. However, the applicant would like to
apply for 7 days a week trading to the public to give flexibility to future expansion to meet
demands’.
The brewing use does not generate noise emissions that would not be reasonably expected in an
industrial area. The applicant is likely to use the covered outdoor area for product release events
which has the potential to emit noise beyond the site boundaries. The nearest residential use is
approximately 200m to the west and separated by numerous masonry industrial buildings. Given
this separation and the buildings, it is considered the use is unlikely to adversely affect those
residential uses. The requested hours raise no concern and conditions are recommended to
ensure the relevant noise criteria for a commercial area are complied with.
Ancillary Dwelling Unit
The 50m² Ancillary Dwelling Unit is basic accommodation but has natural light from south facing
glazing, is the only residential use on-site and is subordinate to the industrial use and complies
with the provisions of the Code.
Land Use, Works and Design Provisions
The following codes which regulate land use, works and design are most applicable to this
application:
Business Uses Code
Landscaping Code
Engineering Works Codes
Advertising Devices Code
Page 28 of 125
Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
The application has been assessed against each of the above applicable codes. The pertinent
issues arising out of the assessment against the codes are discussed below:
Criteria Planning Scheme Proposal Complies
Landscaped open space 296m² = 15% min 300m² = 15.4%
Landscaping Setbacks Building - 6 metres 3.9m – 6m
2m to uncovered 1.2m X
carparking 0.5m to a small
area on Venture
Drive
Building height
storeys 2 storeys max 2 storeys
metres 10 metres 8.1metres
Boundary setbacks
Frontage – Venture Drive 6 metres min 6 metres
Open pergola 3m open pergola X
Frontage – Vision Court 4.5 metres min 3.9m - 4.5 metres X
Southern side 0 metres min 18.2 metres
Western Side 0 metres min 0 metres
Carparking (use area m²)
Industrial Business (742m² 14 14
including mezzanine)
Tasting room & outdoor area 12 12
(120m²) 1 1
Ancillary Dwelling Unit Total req.27 27 plus 4 motor
cycle spaces
Bicycle Spaces 10 bicycle spaces 0 bicycle spaces X
End of Trip Facilities* 1 locker per 2 bicycle 0 locker/s X
*(required only where 5 + spaces spaces and;
are required) 1 shower cubicle with 1 shower cubicles
ancillary change room
per 10 bicycle spaces
Setbacks
The proposal seeks approval for a small setback encroachment of 0.6m to the roof and 2 posts of
the covered deck and a 3 metre setback for the open pergola structure facing Venture Drive.
Figures 4 & 5 below show the setback encroachments in plan and in 3D view.
Page 29 of 125
Section 30
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Figure 4 – Plan view of encroachments. Pink line represents the 4.5m setback and the black hatching, the
pergola encroachment.
Page 30 of 125
Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Figure 5 – 3D view showing the encroachments.
The proposed 3.9m setback to the corner of the covered outdoor deck area encroaches 0.6m
into the required 4.5m setback. The incursion is considered minor as it will not negatively affect
the amenity of the streetscape, and is setback sufficiently to provide landscaping.
The pergola is an unroofed structure sited over permeable pavers proposed to be setback 3m
from the Venture Drive boundary in lieu of the 4.5m required by the Probable Solution of the
Code. The structure is a landscape architectural feature which provides shading and visual
interest to the Venture Drive elevation. The adjoining building is setback 4m - 4.5m from the
Venture Drive boundary. The proposal is an open structure which will be partially screened by
landscaping and considered generally consistent with the adjoining buildings setback.
Carparking
The applicant indicates that up to 180 people (invitation only) could be on site for product
releases. While the quantity of car parking complies with the Driveways and Car parking Code for
the proposed use areas, the occasional product release event may see overflow parking. The
applicant suggests that given the nature of the product, people are likely to utilise organised
buses, car pooling and other forms of public transport (e.g. taxi and Uber services) for these
events. The applicant also acknowledges the events would be held after 5pm when there is
ample street parking available which could be utilised for the occasional events. The applicant’s
justification is agreed with and a condition could be imposed to ensure the product releases are
held after 5pm.
Landscaping
The proposal provides good landscape setbacks except to a small area near the Venture Drive
vehicle access where 0.5-1.0m of landscaping is proposed between the boundary and motor
cycle space 4 and a staff car space. Given the proposal provides the majority of the landscaping
to the street frontages, the small non-compliance raises no concern.
Bicycle parking
No bicycle parking or lockers are indicated on the plans. A condition is recommended to ensure
bicycle parking is installed in accordance with the code requirements.
Engineering
The applicant has demonstrated compliance to the relevant engineering codes.
Signage
The applicant seeks approval for 3 x 3m² wall signs of which 2 are illuminated and a pylon sign
which complies with the Advertising Devices Code in terms of height and sign face area.
Probable Solution S6.1 and S7.2 seek 1 illuminated sign per tenancy and a total sign face area of
10m². Given the proposal is for 2 illuminated signs and a total sign face area of 10.49m², the
signs must then comply with Specific Outcome O6 and O7 which are outlined below:
Page 31 of 125
Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Specific Outcome O6
O6 – The maximum signface area of all advertising devices on a site does not unduly detract
from a building, site, or local area, including by:-
a. visually dominating the appearance of a building; or
i. being visually intrusive in the streetscape or other settling in which it is located
Specific Outcome O7
O7 - An advertising device only incorporates illumination and lighting where it:-
a) is appropriate to its setting and is compatible with the visual amenity of the surrounding
area;
b) does not cause an environmental nuisance or distraction;
c) does not create glare, reflecting or flaring of colours; and
d) will not create a potential safety hazard, including a traffic safety hazard.
The proposal consists of 1 x 3m² sign on 3 different elevations, of which 2 are street facing and
illuminated, and a 1.49m² pylon sign on the corner of Venture Drive and Vision Court with a total
sign face area of 10.49m². While the additional 0.49m² is considered minor, the Planning Scheme
seeks to limit signage in the Shire. Therefore, a condition is recommended to reduce the signs to
a maximum sign face area of 10m² to comply with the Probable Solutions of the Code.
The Code permits 1 illuminated sign per tenancy. As the illuminated signs face different streets
and the site has approximately 74m of street frontage, they will not cause distraction, glare or a
safety hazard and will be compatible with signage in the surrounding area.
4. CONSULTATION
4.1. Referrals
The application was forwarded to the following internal Council specialists:
Engineering Officer
Waste Officer
Environment Officer
4.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. No submissions were received.
5. CONCLUSION
The brewing and Ancillary Dwelling Unit components of the proposal are consistent uses within
the zone but the food and beverage use (tasting room and associated kitchen) is inconsistent.
The Planning Scheme does not provide any real support for the food and beverage use in the
zone. The use is not stand alone but is small scale and considered ancillary to the primary
industrial use on site with sufficient separation from other nearby uses so as not to raise any
adverse impacts or reverse amenity issues. As a whole, the brewery is considered low intensity
and compatible with the surrounding and nearby land uses.
Page 32 of 125
Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
The proposed illuminated signage will not dominate the building or the surrounding streetscape
and therefore meets the provisions of the Advertising Devices Code. A condition is
recommended to reduce the total sign face area on site to 10m² to comply with the Probable
Solution of the Advertising Devices Code.
The food and beverage use is ancillary and complementary to the primary industrial use on-site
and will not cause any reverse amenity issues and therefore is sufficient grounds to justify the
decision despite the conflict with the Planning Scheme.
The proposal does not raise any other significant planning concerns and is recommended for
approval, subject to conditions.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance x Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 33 of 125
Section 34
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Page 34 of 125
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
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Page 34 of 125 |Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Page 35 of 125
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
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Page 35 of 125 |Section 36
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
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PT Issue MSection 37
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
3 FURTHER REPORT MCU16/0079 DEVELOPMENT APPLICATION FOR MATERIAL
CHANGE OF USE FOR EXTENSION TO NOOSA TEWANTIN RSL CLUB AT 5
MEMORIAL AVENUE, TEWANTIN
DOCUMENT INFORM AT ION
Author Manager Planning & Environment, Kerri Coyle
Planning & Infrastructure Department
Index ECM / Application / MCU16/0079
Attachments 1. Architectural Review
2. Amended Proposal Plans
APPLICATION DETAILS
Applicant Rubicon Design & Construct Pty Ltd
Proposal Development Permit for Material Change of Use of Premises -
Extension to existing RSL Club
Properly Made Date 20 July 2016
Information Request Date 8 September 2016
Information Response Date 5 October 2016
Decision Due Date 19 January 2017
Number of Submissions Nil
PROPERTY DETAILS
Property Address 5 Memorial Avenue, Tewantin
RP Description Lot 3 T 16319
Lot 10 SP 273411
Land Area 6116m2
0 567m2
Existing Use of Land Tewantin Noosa RSL Club, Post Office, Building Certifiers Office, Men’s
Shed
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Tewantin & Doonan Locality
Zone Community Services
Overlays Natural Hazard: Bushfire & Acid Sulfate Soils
Assessment Type Impact
RECOMMENDATION
That Council note the report by the Manager Planning & Environment to the Planning &
Environment Committee Meeting dated 7 February 2017 regarding Application No. MCU16/0079
for a Development Permit for Material Change of Use of Premises for extensions to Noosa
Tewantin RSL Club situated at 5 Memorial Avenue, Tewantin and approve the application in
accordance with the following conditions:
Page 37 of 125
Section 38
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
PLANNING
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
1620/DA/1.02 C Existing/Demolition Ground Floor Plan 25/01/17
1620/DA/2.01 1 Proposed Basement Plan – Stage 4 25/01/17
1620/DA/2.02 F Proposed Ground Floor Plan – Stage 4 25/01/17
1620/DA/2.05 F Proposed Roof Plan – Stage 4 25/01/17
1620/DA/4.01 G Elevations – Stage 4 25/01/17
Nature and Extent of Approved Use
3. The proposed development provides for an extension to the Gaming Area (providing for a
maximum of 180 gaming machines), Smokers Terrace, Store, Children’s Lounge,
basement carpark area and other internal modifications as shown on the approved plans.
4. The proposed Children’s Lounge is to remain an enclosed structure and is not to be used
as an open balcony or break out area in association with the Function Room.
5. The proposed development shall be setback at least 2m from the Pelican Street frontage
and 4m from Doonella Street, with the exception of Stair 3, which is to be setback not less
than 0.85m. The basement carpark area is to remain predominantly an open structure,
where above ground level, with all openings fitted with open timber battens as shown on
the approved plans. The building setback areas to the basement shall be densely
landscaped to screen the basement area from both Doonella and Pelican Streets.
6. Access and egress to the existing Function Room is to be obtained via the main entry to
the RSL building and is not via the doors providing access to the new service carpark area
at this level. These doors are not to be used in association with an additional break out
area by patrons using the Function Room.
7. All open space areas shown on the Overall Site Plan, prepared by Planit Consulting, dated
September 2016, are to be landscaped in accordance with the Statement of Landscape
Intent provided. The applicant is required to provide the equivalent number of mature trees
lost by the development of the site, in the landscaped open space areas. A number of
larger trees are to be provided in the open space area to the north of the RSL development
and behind the existing commercial buildings on the subject land. The landscaping of the
open space areas is to be undertaken to the reasonable satisfaction of the Manager,
Planning and Environment.
8. The length of the car park podium to the Pelican Street frontage must be broken up through
the use of large feature trees at the Pelican Street/Doonella Street corner and again at the
entrance to the car park from Doonella Street. This will include at a minimum increased
setbacks to Pelican Street and the Pelican Street/Doonella Street corner, requiring further
alteration to the basement car park shape at this corner.
Page 38 of 125
Section 39
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
9. The landscape planter boxes shown on the proposed ground floor plan Drawing No.
1620/DA/2.02 Amendment F at the rear podium car park must provide for a minimum soil
depth and width of 600mm and incorporate appropriate drainage and plumbed irrigation.
The landscape planter boxes must be located immediately adjacently the approved
building.
10. Security gates must be designed to reflect the overall architectural finishes of the building
by using battening.
11. The access driveway to Doonella Street must be closed to all vehicles after 7pm at night,
with a security gate installed for this purpose.
Landscaping Works
12. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. Local native species suitable for the site including advanced pot sizes of 25L, 45L
and 100L.
b. a 2 metre wide landscaping strip along the Pelican Street frontage of the subject site,
exclusive of the access driveway, generally uncompromised by infrastructure items.
The landscape design must include plants which screen the development to a
minimum height of 4m.
c. a 4 metre wide landscaping strip along the Doonella Street frontage of the subject
site, exclusive of the access driveway, generally uncompromised by infrastructure
items. The landscape design must include plants which screen the development to a
minimum height of 4m.
d. Planted grasses, shrubs and trees in landscaping beds to the existing grassed area
in the car-park area servicing the post office.
e. The existing trees located in the 2m Pelican Street frontage and the 4m Doonella
Street frontage must be retained in accordance with an Arborist Report prepared by a
qualified person* and endorsed through an Operational Works approval. Any trees
nominated for removal must be replaced at a 2:1 ratio for each removed, with a
minimum pot size of 100L.
*(Refer to Advisory Note)
13. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
Building Height
14. The maximum height of the development must not exceed RL 17.880m (AHD) as shown on
the approved plans for the development.
Performance Bond
15. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000.00
must be submitted to Council, to secure performance of all conditions of this approval, prior
to the issue of a Development Permit for Operational Works. The cash bond or trading
bank guarantee will be returned on performance of the conditions of approval less any
costs incurred by Council in respect of enforcing performance of this permit. Council
reserves the right to call upon the bond or guaranteed sum to effect compliance with
conditions.
Page 39 of 125
Section 40
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Sunset Clause for Completion of Approved Development
16. Pursuant to s342 of the Sustainable Planning Act 2009, the uncompleted aspects of this
development approval lapses if the whole of the approved use has not happened by 19
January 2021.
Building Appearance
17. All air conditioning units or other mechanical equipment must be located at ground level, or
otherwise fully enclosed or screened such that they are not visible from the street frontages
nor adjoining properties.
Noise
18. The applicant is to implement all of the recommended acoustic treatments provided in the
Environmental Noise Impact Assessment, by CRG Acoustics, dated 11 July 2016, as they
relate to Stage 4 of the development. The applicant is to provide additional noise
attenuation for the smokers terrace area to prevent the reliance on staff having to manage
subdued patrons using this area. Further, the applicant is to provide suitable sound
attenuation for the bin storage area to reduce adverse noise impacts caused by rubbish
being placed in the bins. These additional sound attenuation measures are to be certified
by a suitably qualified and experienced noise expert.
19. The following specific acoustic treatments are to be applied to the building construction and
design as outlined in the CRG Acoustics Report of 11 July 2016:
a. Sound lock doors must be installed at the proposed smoker’s terrace as detailed in
the development application plans (Rubicon: Proposed Ground Floor Plans: Stage 4
plan and Stage 5 & 6 plan).
b. Driveways, ramps and car park areas must be finished with surface coatings which
prevent tyre squeal (an uncoated surface is acceptable).
c. All drainage grating over trafficable areas must be secured in a way that prevents
rattling or nuisance noise.
d. Car park exhaust ducting is to have acoustic insulation before and after any right
angle bend (900) at the outlet end of the exhaust fan/s.
e. Car park exhaust discharge riser is to be lined with 50mm thick insulation
(hydrophobic fibreglass batts min. 32kg/m2 ) faced with perforated metal (min. 12%
open face area)
f. A minimum Rw 34 (i.e. 10.76mm laminate in acoustic grade frames and acoustic
seals) must be used for all new external windows and glass doors of the function /
dining extension, children’s lounge and the new alfresco lounge.
g. New external walls of areas where amplified entertainment is proposed should be
constructed to achieve a minimum Rw rating of 50.
h. Roof/ceiling of areas where amplified entertainment is proposed should be
constructed to achieve a minimum Rw rating of 50.
i. At the time of installation, new mechanical plant and equipment, a/c units, motors,
refrigeration equipment, compressors, pumps etc associated with Stage 4 of the
development, should be installed within the building or suitably provided with noise
reduction measures and located as to prevent a noise nuisance beyond the boundary
of the site and not exceed the levels specified in Table 1.
Page 40 of 125
Section 41
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
TABLE 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
Noise level at noise sensitive place measured as the adjusted
PERIOD
maximum sound pressure level (L10, adj,T)
7am – 6pm Background noise level (L90,T) plus 5 dB(A)
6pm – 10pm Background noise level plus 5 dB(A)
10pm – 7am Background noise level plus 3 dB(A)
NOISE LIMITS AT A COMMERCIAL PLACE
Noise level at a commercial place measured as the adjusted
PERIOD
maximum sound pressure level (L10, adj,T)
7am – 6pm Background noise level (L90,T) plus 10 dB(A)
6pm – 10pm Background noise level plus10 dB(A)
10pm – 7am Background noise level plus 8 dB(A)
Acoustic Report
20. An acoustic report prepared by a suitably qualified person* is to be submitted to Council
confirming assessment and certification of measured noise levels from the new mechanical
plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc
comply with the noise limits as set out in Table 1 and all other relevant noise conditions of
this Decision Notice associated with Stage 4 of the development.
21. The report is to be submitted after commissioning any new equipment (with all plant and
equipment operating at the same time) and when all building extensions are complete.
22. Measurement of sound pressure levels (adjusted for tonality and impulse) must be in
accordance with Australian Standard AS1055.1 “Acoustics – Description and measurement
of environmental noise – General procedures”.
Suitably Qualified Person* - Certification
For the purpose of measuring and certifying compliance with relevant noise conditions of
this Decision Notice, a suitably qualified person is either:
i. a Registered Professional Engineer of Queensland, or
ii. an environmental consultant with a minimum of three (3) years current experience in
the field of acoustics.
Outdoor Lighting Devices
23. Lighting associated with the use must be designed, sited, installed and tested to comply
with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects
of outdoor lighting” using a control level of 1 and not cause a nuisance to the adjacent
residential areas.
24. Vehicle headlight emissions from the carpark are to be adequately shielded to prevent
spillage beyond the site into any adjacent residential buildings.
External Works
25. The Doonella Street and Pelican Street frontages of the site must be upgraded for the full
length to the subject site. The works must be undertaken in accordance with an
Operational Works approval and must include in particular:
a. construction of a pedestrian footpath in accordance with the conditions of this
Decision Notice
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b. removal of the existing property access points and reinstatement of the kerb, footpath
and verge area to match the balance of the site frontage, including the provision of
topsoil and turf where the existing verge is grassed
c. relocation/reinstatement of existing on-street parking bays
d. linemarking of the relocated/new on-street parking bays
Site Access and Driveways
26. A sealed access driveway must be provided from Doonella Street and Pelican Street to all
parking and manoeuvring areas of the development. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
a. driveway crossovers in accordance with Council’s Standard drawing RS-051
b. suitable safety measures, including warning signage, to improve driver awareness of
pedestrians and enhance pedestrian safety. Warning signage must be provided near
the exit ramp from the underground parking area to warn motorists of pedestrian
movement along the frontage street
c. sight lines to pedestrians and vehicles in accordance with AS/NZS2890.1:2004.
Certification of the design by an RPEQ must be provided as part of the Operational
Works application
Car Parking
27. A minimum of 120 car parking spaces and 4 motor cycle spaces must be provided and
marked on the site and must be made available and accessible at all times while the use is
open for business. The works must be undertaken in accordance with an Operational
Works approval and must include in particular:
a. provision of vandal resistant public lighting with intensities to satisfy the requirements
of Australian Standard AS1158: Public Lighting Code
b. Disabled parking spaces within the total
c. dimensions, crossfalls and gradients in accordance with Australian Standard
AS/NZS2890.1:2004 Parking Facilities
28. 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.
29. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
Paving Treatment of Vehicle Movement Areas
30. Alternative materials, patterns, or threshold treatments must be used to articulate the
pavement treatment of vehicle movement areas.
Service Vehicles
31. Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
The works must be undertaken in accordance with an Operational Works approval and be
in accordance with Council’s Planning Scheme Policy 9 – Waste Management. The
development must include in particular delivery/service/waste areas that are accessible by
a 12.5m vehicle.
Pedestrian and Bicycle Facilities
32. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in
particular:
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a. a 1.8 metre wide footpath within the road verge for the entire length of the site’s
frontage to Pelican Street and Doonella Street. The path must be extended to the
existing full width path in Memorial Avenue
b. signage and lighting at strategic locations to direct people to building entries
c. a total of 13 bicycle parking spaces
Stormwater Drainage
33. The site must be provided with a stormwater drainage system connecting to a lawful point
of discharge. The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. a stormwater drainage system that collects and discharges runoff such that there is
no net increase in stormwater runoff from the site.
b. the use of gravity stormwater drainage and not surcharge pits.
Stormwater Quality Management
34. A stormwater quality treatment system must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and achieve the
pollution reduction targets of the State Planning Policy Appendix 2 Water Quality and be
modelled in accordance with the Water by Design MUSIC modelling guidelines or the
Water by Design deemed to comply solutions.
35. Stormwater quality treatment devices must be routinely checked, serviced and cleaned in
accordance with the manufacturer’s recommendations or Water by Design “Maintaining
Vegetated Stormwater Assets” guidelines. Records of all maintenance activities undertaken
must be kept and made available to Council upon request. Where replacement cartridges
or other necessary components for the system become unavailable, an alternative system
is required to be retrofitted into the development to achieve an equivalent pollutant
reduction outcome.
36. All primary stormwater quality treatment devices must be routinely checked, serviced and
cleaned in accordance with the manufacturer’s recommendations. Records of all
maintenance activities undertaken must be kept and made available to Council upon
request.
37. The ongoing maintenance plan for the development must include the operations and
maintenance manual for the water quality device/s and must include the full cost of
maintaining the system. This maintenance plan must be provided as part of the subsequent
operational works.
Easements
38. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
39. All easements must be designed in accordance with the planning scheme and granted at
no cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
40. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
41. All excavation/filling and associated retaining structures must be undertaken in accordance
with an Operational Works approval, and contained entirely within the subject site unless
written permission from the respective landowner(s) is provided to Council.
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42. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining
walls that are publicly accessible and exceed 1.0m in height must be fitted with a
commercial grade safety fence.
Damage to Services and Assets
43. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
REPORT
1. BACKGROUND
A report on this application was considered by the General Committee meeting on 16 January
2017 (refer to page 3 of Committee Agenda). During the course of discussions at the General
Committee meeting, Councillors indicated some concerns with the proposed development’s bulk
and scale, presentation to Doonella and Pelican Street and potential impact on residents
opposite from headlight glare from vehicles exiting the car park late at night.
In the circumstances the Council deferred the application to a future round of meetings “…in
order that a peer review from a Council chosen architect may occur and further consideration
given to the driveway placements, the setbacks on Pelican Street and the overall aesthetic
appearance”.
The application and proposal plans were subsequently referred to Noel Robinson Architects who
originally assisted Council officers with the initial assessment of the application. Council’s
consultant architect advised that:
“While the character and visual amenity of the response scheme is a vast improvement over the
original application scheme, there remain some areas of concern with regard to setback
treatment, public safety/access as well as improvements which can be made to the building
character/aesthetics. We would suggest the following modifications.
Character
- Simplify roof configurations to avoid box gutters
- Include pop-up roof apexes to provide articulation of the long roof forms
- Remove the northern wall and associated box gutter
- Soften the junction of wall to car park in the rear podium car park – use of landscaping
- Screen and move the bin enclosure
Setbacks
- Include significant feature trees to the Pelican Street setback to further reduce bulk of the
podium
Safety/Access
- Incorporate the lift into the stage 4 works
- Provide prioritised pathways in the basement and driveways
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- Incorporate vehicle gates so as to close off the deliveries area and service from public
access.
- Increase opportunities for casual surveillance of the rear podium car park (not relying solely
on CCTV)”
A copy of the consultant’s full architectural review is included as Attachment 1.
2. ASSESSMENT
The architectural peer review conclusions were raised with the applicant and the applicant
subsequently agreed to amend their proposal plans. The amended plans are included as
Attachment 2.
The applicant has also advised that they accept the findings of this peer review and make the
following points:
The bin location proposed in the peer review will not work from an amenity perspective with
issues such as ventilation and odour impacts experienced by patrons on the terrace.
Therefore, we will comply with the request to screen the bin, but will not relocate it to the
peer reviewed location for these reasons.
Regarding the windows requested within the gaming room, this is actually illegal.
Reference is made to the Gaming Machine Regulation 2002 s7 titled ‘Gaming Equipment’
which states:
The licensee must ensure that no gaming equipment in the licensee’s licensed premises is
readily visible to passing pedestrians.
The significant feature trees to Pelican Street will result in the loss of on site car parking.
The applicant is willing to accept a condition requiring closure of the driveway to Doonella
Street after 7pm.
The amended plans generally address the matters raised in the peer architectural review, and
improve on the development’s presentation to the adjacent streets.
The applicant’s submission regarding waste storage areas, and surveillance of rear podium car
park the applicant’s submission is accepted.
However, while some additional landscaping has been achieved to Pelican Street, it is
considered that additional landscaping should be provided to the corner of Pelican and Doonella
Street as shown on the sketch attached to architectural review. This will mean the loss of a
further 2 additional car parking spaces for the development reducing the total number of spaces
from 125 to 120 car spaces and 4 motor cycle spaces which are equivalent to 1 car space
pursuant to Council’s planning scheme policy.
Overall, the proposed extensions to the RSL club require an additional 36 spaces to be provided
on site and therefore with the provision of this additional landscaping on the corner of Pelican
and Doonella Street, inclusion of landscaping to Pelican Street and inclusion of a lift, the
proposed development would fall short of the minimum required car parking spaces by 1 car
space. While it would be preferred that the development meet the planning scheme’s minimum
car parking requirements, the proposed reduction is minor.
The proposed extensions at their highest points are 10.5m from the natural ground level. This
height exceeds the planning scheme’s probable solution for maximum height for the community
services zone of 8m and for the Business Centre zone of 10m. This additional height is for the
new gaming extension and while exceeds the planning scheme’s probable solution for height and
is 800mm higher than the existing buildings located on the site, the additional height is not
considered visually intrusive to the street, the surrounding spaces or the skyline consistent with
the planning scheme’s specific outcome for building height. Council’s architectural consultant
also advises that the additional height will assist the building’s articulation and supports the
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proposed height given the building is set well back from the street frontages and is located
central to the site.
The photos below identify the existing RSL buildings and the general location of the proposed
gaming extensions.
View from Pelican Street to proposed gaming extension
View from Doonella Street to proposed gaming extension
3. CONSULTATION
The revised plans submitted by the applicant are considered minor pursuant to the Sustainable
Planning Act 2009, being unlikely to attract any objection from the community and therefore are
not required to be publicly renotified.
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4. CONCLUSION
It is concluded that while the proposal represents a substantial expansion to the existing
Tewantin Noosa RSL and some concern is raised about the scale of the development on the land
as a whole, particularly if the RSL seek further additions in the future, expansion of the RSL is
specifically contemplated by the planning scheme.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance x Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
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Brisbane
. 104 oe nra-co-lab
—_—
FILE
REPORT
PROJECT 86035C16 Tewantin RSL Extension
TOPIC 2° PEER REVIEW — ARCHITECTURE AND VISUAL AMENITY
PROJECT NO 86035C16 Tewantin RSL Extension
ISSUE A
FROM PETER CAIN
ITEM NOTES
iF INTRODUCTION
1.1 Background
A stage 1 peer review of the development application scheme was undertaken by nra-co-lab in September
2016.
This stage 2 peer review is at the request of Noosa Council and provides commentary re the applicant's
‘response’ scheme for the Tewantin RSL extension. This review has regard to the proposal’s consistency
with the local planning instrument (Noosa Plan), focussing on matters of architecture and visual amenity.
1.2 General
The architecture and visual amenity of the response scheme has been vastly improved.
However there remain some issues with the proposal. We believe that addressing these issues would
improve the proposal’s consistency with the planning scheme and would improve building character,
design quality as well as public safety/amenity and would ultimately benefit the built environment of
Tewantin Business Centre.
ya ASSESSMENT — LOCAL PLANNING INSTRUMENTS
2.1 The stage 1 peer review identified Section 6.5 of the town planner’s report, entitled ‘Overal/ Outcomes for
the Tewantin & Doonan Locality” which referenced section 12.8.2 a) — d) of the Noosa Plan:
12.8.2 The overall outcomes sought for the Tewantin & Doonan Locality are the following—
a) Newuses and works are located, designed and managed to—
i be compatible with other uses and works;
ii. maintain the safety of people and works;
iii. avoid significant adverse impacts on the amenity enjoyed by users of other premises including acoustic and visual
qualities; and
iv. avoid significant adverse effects on the natural environment, including native habitat removal, fragmentation and
attrition;
b) Development is consistent with the Priority Infrastructure Plan in Part 15.
c) The Tewantin & Doonan Locality retains its primary role of providing housing for permanent residents;
d) Within the town of Tewantin the distinct character of existing residential neighbourhoods is retained, and housing offers
high levels of residential amenity, convenience, accessibility and servicing, while maintaining the low density and low
scale synonymous with the local character;
Nra-co-lab comment
It is our view that whilst the response scheme is an improvement upon the original application scheme,
; _____ | there remains some concern with regards to consistency with _ _
Licanirntonhgot-tsehe | Revsndanororss | nevsena | reetote@ | PAG |
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REPORT
ITEM NOTES
- a)ii. The proposal creates a potentially unsafe pedestrian condition in the rear podium carpark
and within the basement carpark
- d) The architectural character of the proposal could be further enhanced and simplified in order to
reinforce the distinct character of the existing residential precinct along Doonella Street, and the
Tewantin town centre.
2.2 ~~__| The stage 1 peer review identified section 6.5 of the town planner's report, entitled ‘Overall Outcomes for
the Tewantin & Doonan Locality” which referenced section 12.8.2 w) i) and ii) of the Noosa Plan:
w) For the Community Services Zone—land committed or planned for community purposes—
i is protected and managed to enable the efficient and timely delivery of community services; and
ii. is consistent with the indoor recreation, education, social and safety needs of the local community, including
people with special needs, such as the elderly, children, low income earners and disabled persons;
Nra-co-lab comment
It is our view that the proposal scheme is not consistent with item w) ii. with regards to the safety needs of
the local community, including those with special needs.
3. eT agai
3.1 General
It was our view in the stage 1 peer review that, with reference to item 079 of Division 22 of ‘Tewantin &
Doonan Locality Plan” the proposed design of the proposed extension did not “relate to the setting and
heritage of the locality”
It is our current view that the response proposal exhibits a vastly improved relationship with the setting
and heritage of the locality - taking on an aesthetic more in tune with the ‘Noosa’ Style. However there
remain some architectural issues which we believe need to be addressed so as to improve the quality of
the aesthetic. This further enhancement of the aesthetic is warranted due to the building's prime location
in the central business area.
32 it'd s4stosSs4—S—_
The use of pitched roof forms is appropriate. And the use of lightweight roof edges to the store and
smokers terrace is commendable.
However the roof forms have been configured in an overly complicated manner which has resulted in the
creation of multiple box gutters, which is something that should be avoided. It is recognised that there is a
height limit in effect, but it is questioned whether the applicant can reconfigure the roofs to remove the
need for box gutters. A sketch roof plan has been attached to this peer review with suggestions for
consideration.
It is suggested that the roof forms be further articulated through the addition of pop up roof apexes as per
shown on the attached sketch plans. This would assist in breaking down the size of the roof forms
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nra
REPORT
ITEM NOTES
3.3 Rear Podium Carpark
The perspective image shown on drawing 4.05 of the response drawing set reveals the rear podium
carpark to be ‘hard’ at the junction between building and carpark surface. This is not in keeping with the
softer landscaped edges that are evident in the locality. It is suggested that softening of the rear podium
carpark is required, through the introduction of planters at the building/carpark interface as shown on the
attached sketch plans.
3.4 ~—*«| Suggested Design Amendments re 7 a
a) Reconfigure the roof forms to be simpler thus avoiding the need for box gutters which are
climatically inappropriate and something to be avoided. Please refer to the attached sketch plan
suggestions. This may also require the reconfiguration/relocation of the proposed stage 4 plant
room.
b) Provide pop up roof apexes to provide further roof articulation. Please refer to the attached
sketch plan suggestions.
c) It is suggested that softening of the rear podium carpark is required, through the introduction of
planters at the building/carpark interface as shown on the attached sketch plans.
us FRONTAGE TREATMENT/SETBACKS
4.1 General
As was the case in our stage 1 peer review it remains our view that the proposal has treated the Doonella
St and Pelican St frontages rather poorly - as a place to congregate services, cars parking, and fire egress
with little attempt to provide street activation. Having said that the revised treatment of the edge condition
through the introduction of additional materiality, screening of services, battening with a timber appearance
and the deletion of one set of stairs has improved the setback treatment.
42} Steet Activation a __
Section 077 of Division 22 require that Pelican Street and Doonella Street frontages be occupied by
services and what can be described as shopfront uses. It is also noted that the site is in the business
centre.
The proposal involves the demolition of a street front tenancy on Pelican Street and replaces it with an
boxy carpark podium that has been screened and planted out. Furthermore the Doonella Street frontage is
dominated by service cupboards (albeit now partially screened), carpark entries, and fire stairs. The
proposal represents a deactivation of the street front, and because the carpark is setback only 1m— 4m
from the street boundary the proposal effectively locks out any chance of future improvement in street
activation.
43 | DeepLandscapng ti ( tt~—<—s~s~s~s~—s—
The question remains as to whether 2m width along Pelican Street is sufficient to allow deep planting to
occur
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nra
REPORT
ITEM NOTES
4.4 Northern Boundary Wall
The stage 1 peer review suggested that the wall should be “articulated or configured to provide visual
interest, through the use of stepping, recesses, variations in materials, use of vegetation and other means”.
It is noted that the response scheme, proposes to deal with the poor visual amenity of this wall by
introducing aluminium battens to the wall. The result is very little improvement to the visual amenity.
Furthermore the alteration of the roof forms has meant that the intersection of pitched roof with this wall
creates a box gutter. It is suggested that the extension be pulled back from this boundary, to align with the
existing building. This reintroduced portion of setback should then be landscaped as shown on the
attached sketch plan. This will remove the need for the long length of solid wall on the boundary, as well
as the associated box gutter and will vastly improve the visual amenity along this side of the building.
= Doonelia $i Stare . _— — . _ . . a
It is assumed that the width of the stairs that exit from the carpark podium down onto Doonella Street is
dictated by fire egress requirements. It is noted that these stairs are very wide and eat into the setback.
All effort should be made to minimise the width of these stairs.
4.6 —*| Suggested Design Amendments == — asti(‘“‘;C~™~*# ee
a) It is now assumed that the applicant will not be providing street activation through the use of
active elements and frontages along Pelican and Doonella Streets, as was recommended in the
Stage 1 peer review. To partially compensate it is suggested that the length of carpark podium
on the Pelican Street frontage be broken up further through the use of large feature trees at the
Pelican Street/Doonella Street corner at again at the entrance to the carpark from Doonella Street.
It is suggested that this will require an increase in the 4m setback at the Pelican Street/Doonella
Street corner and the opening up of additional space for landscaping at the Pelican Street
driveway entrance. It is appreciated that this will require an alteration to the basement carpark
shape at this location.
b) Pull the northern wall of the proposal back from the boundary so as to align with the existing
building and then landscape the setback as shown on the attached sketch plan. This will:
a. avoid the need for the solid wall to the boundary
b. provide simpler resolution of the roof form character.
c. remove the need for a box gutter
5.1 Bottle shop
Concern remains over the proposal to operate a bottle shop from within the expanded basement carpark.
There is no public surveillance over the shop front.
5.2 Pedestrian Safety in Basement Carpark
a) Anew lift had been proposed at the western side of the carpark. The lift was to have been
constructed as part of the stage 5 works, which we understand will no longer proceed. Without
the provision of the lift, we would question the proposal’s ability to provide DDA compliant
equitable access to the building entry. Building users who are unable to use the stairs will be
required to leave the basement via the vehicle driveway before reaching the footpath and
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REPORT
ITEM NOTES
eventually the front foyer. In contrast those using the stairs are able to travel to the entry foyer
via stair connection directly form the basement to the ground level entrance, without traversing
the driveway or footpath. This could be deemed inequitable and exposes non stair users to
danger as they exit the basement via the vehicle driveway.
b) It is noted that after parking their vehicles, pedestrians will be required to walk through the
carpark to the western side of the basement in order to reach the access up to ground level. A
pedestrian prioritized pathway is recommended from the stairs at the western side of the
basement across to the access ramp on gridline E and then continuing to the eastern side of the
carpark. The pathway should be differentiated in colour and texture from the vehicle way surface.
It is recommended that similar prioritized pathways be connected out through the existing
driveway on Memorial Avenue and also the proposed driveway onto Doonella Street.
“5.3 Pedestrian Safety at Rear Podium Carpark _ a , Oo
It is noted that in the applicant's response to the Information Request, they have to some extent addressed
concerns raised over casual surveillance of the rear podium carpark. However we still have concerns over
the safety of the deepest part of the carpark area, i.e. in the areas labelled deliveries and service area.
These areas cannot be casually surveyed from Pelican or Doonella Streets. It is suggested that further
work is required to the podium as described below — possibly through the inclusion of vehicles gates as
shown on the attached sketches.
5.4 __| Suggested Design Amendments — ,
a) Complete the lift in the stage 4 works to provide safe and equitable access for all building users
from the basement carpark to the ground level foyer. Noting that any lift will require a safe
waiting area at basement level.
b) Provide prioritized pedestrian pathways in the basement carpark and out through the driveways
c) Provide vehicle gates to close off the deliveries and service area from public access thus
diminishing the potential for ‘hiding’.
6. OTHER AREAS OF CONCERN
6.1 Bin Enclosure
a) The original Development Application town planning report states that the external bin storage
enclosure is to be screened. This is not shown on the proposal drawings.
62 | CarParking EEE
Notwithstanding that Council has sought traffic planning advice from a traffic engineer, there is concern
that the number of carparking bays provided may not be sufficient for future patronage of the site. It is
noted that this comment is made from an architectural and urban planning perspective, amidst concerns of
spillage of carparking into the local street network, and the impact that that spillage would have on public
amenity.
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REPORT
ITEM NOTES
Pe Review against Use Codes and Works Codes
7A Response to Business Uses Code Requirements
7.1.1 __| With reference to 025, it is noted that whilst the applicant has demonstrated that visual monitoring of the
rear parking podium is possible from the street, there remains concern that the arrangement of uses in the
proposed building do not permit the rear half of the site to be monitored by the building users/management.
This lack of causal surveillance opportunity from the vantage point of the RSL facilities themselves, creates
a potentially unsafe area at the rear carpark podium, particularly in the deliveries and service area — an area
deep in the plan where safety cannot be reliant upon visual surveillance from the street.
The response proposal has no windows on the eastern facade, and thus no effective opportunities for
casual surveillance by the RSL patrons or staff of the rear carpark area and deliveries/service areas.
a) It is suggested that opportunities for overlooking and casual surveillance of the rear carparking
area be improved. Safety should not be solely reliant upon the use of CCTV cameras as has been
indicated in the applicants response to the information request, but should include the
introduction of additional windows to the eastern elevation as well as the use of security gates as
has been discussed in item 5.4 above,
7.1.2 With reference to 027, the carpark podium level, being out of visual surveillance is potentially vulnerable to
vandalism and graffiti.
a) It is suggested that opportunities for overlooking and casual surveillance of the rear carparking
area be improved. The insertion of landscaped planters at the building interface with the carpark,
as has been discussed at item 3.3 above, should discourage graffiti in accordance with $27.1 b)
of the Noosa Plan.
7.1.3 | Withreferenceto032, 2 —iiti—‘—s—s~“‘“‘“‘<i;i;w
a) The applicant is to provide evidence to show screening of the external bin area. It is further
suggested that in order to remove the bin store from the openly visible location shown on the
response drawings, that it be moved adjacent to the smokers terrace where its presence can be
better concealed from public view.
7.2 —*«| Response to Business Works Code Requirements = | = = |
7.2.1. __| With reference to 01 the setbacks have not been adhered to, and when combined with the non-activated
frontages produces the perception of heavy site cover and a monolithic carpark podium.
a) The introduction of different materials in the response scheme has assisted in breaking up the
perception of the podium’s bulk when viewed from Pelican and Doonella Streets. However it is
suggested that allowance be made for two significant feature trees in the Pelican Street frontage
to further breakup the podium bulk. This is considered to be a reasonable request given the
extent of boundary setback being sought by the applicant.
‘7.2.2——_‘| With reference to 02 a) we raise concern with the proposed use of box gutters at a couple of places within
the proposal.
a) It is suggested that as part of the roof form design, as described at item 3.4 above these be
worked out of the scheme
Page 6 of 8
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Page 53 of 125Section 54
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Page 54 of 125
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
nra
REPORT
ITEM NOTES
a | CC
7.3.1. _| With reference to 09, the parking structure dominates the streetscape of both Doonella and Pelican
Streets.
a) It is noted that improvement to the detailing and materiality of the carpark podium have reduced
the carparking podium’s dominance of the street. Introduction of the two significant feature trees
will further reduce this dominance when viewed from Pelican Street.
R32 With reference to 012. The town planning report to the original development application claimed the use of
splayed corners, speed bumps, speed signs and line marking as well as clear pedestrian movement areas.
a) This needs to be shown on the drawings.
‘1.4 ‘| Landscaping Code Requirements == OO :
74.1 With reference to 04 there are concerns about visual concealment spots at the Fire Sprinkler Booster.
a) It is suggested that the use of 24 hour security lighting be conditioned for the area behind the
‘lattice’ in the Council's response
75 ~_| Waste Management Code Requirements ,
75.1 Itis assumed that the applicant has satisfactorily provided Council with sufficient response to curb any
concerns with the scheme’s consistency against 03 and 07 of the Waste Management Code.
ce CONCLUSION
8.1 Conclusion
Whilst the character and visual amenity of the response scheme is a vast improvement over the original
application scheme, there remain some areas of concern with regard to setback treatment, public
safety/access as well as improvements which can be made to the building character/aesthetics. We
would suggest the following modifications.
Character
- Simplify roof configurations to avoid box gutters
- Include pop-up roof apexes to provide articulation of the long roof forms
- Remove the northern wall and associated box gutter
- Soften the junction of wall to carpark in the rear podium carpark — use of landscaping
- Screen and move the bin enclosure
Setbacks
- Include significant feature trees to the Pelican Street setback to further reduce bulk of the podium
Safety/Access
- Incorporate the lift into the stage 4 works
| t__ Provide prioritized pathways inthe basement and driveways :
Page 7 of 8
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Page 54 of 125Section 55
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Page 55 of 125
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
nra
REPORT
- Incorporate vehicle gates so as to close off the deliveries area and services area from public
access,
- Increase opportunities for casual surveillance of the rear podium carpark (not relying solely on
CCTV)
PETER CAIN
For and on behalf of The NRA Collaborative Pty Ltd
Page 8of 8
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Page 55 of 125Section 56
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Page 56 of 125
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
SteonmurFicArT
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Page 56 of 125Section 57
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Page 57 of 125
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
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Page 57 of 125Section 58
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Page 58 of 125
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
ATTACHMENT 2.
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Page 58 of 125Section 59
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Page 59 of 125
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
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Page 59 of 125Section 60
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
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Page 60 of 125Section 61
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Page 61 of 125
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
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Page 61 of 125Section 62
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Page 62 of 125
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
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Page 62 of 125Section 63
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Page 63 of 125
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
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Page 63 of 125Section 64
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
Page 64 of 125
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Page 66 of 125
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
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Page 66 of 125Section 67
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
4 PLANNING AND ENVIRONMENT COURT APPEAL 3 OF 2017 ISSUE OF
INFRASTRUCTURE CHARGES NOTICE ON DEVELOPMENT PERMIT FOR A
MATERIAL CHANGE OF USE CULTIVATION TYPE 2 INTENSIVE (GREENHOUSE) AT
305 LAKE MACDONALD DRIVE, LAKE MACDONALD
DOCUMENT INFORM AT ION
Author Infrastructure Assessment Coordinator, Oddbjorn Ludvigsen
Planning & Infrastructure Department
Index ECM / Application / MCU14/0039 & Case / 3/2017 & Subject / Infrastructure
Charges Notices Issued
Attachments Nil
APPLICATION DETAILS
Applicant Como Glasshouse Pty Ltd
Proposal Development Permit for Material Change of Use of Premises -
Cultivation Type 2 – Intensive (Greenhouse)
Appeal Filed 11 January 2017
PROPERTY DETAILS
Property Address 305 Lake Macdonald Drive, Lake Macdonald
RP Description Lot 1 SP 108094
Land Area 33.4 ha
Existing Use of Land Previously Turf farm with associated sheds and detached house
STATUTORY DETAILS
SEQRP Designation Regional Landscape & Rural Production
Locality Cooroy and Lake Macdonald
Zone Rural
Overlays Biodiversity (Riparian Buffer & Environmental Protection)
RECOMMENDATION
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 7 February 2017 regarding Planning and Environment
Court Appeal 3 of 2017 and agree to defend the appeal.
Page 67 of 125
Section 68
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
REPORT
A Development Permit for Material Change of Use of Premises - Cultivation Type 2 – Intensive
(Greenhouse) was initially issued by Council on 19 November 2015. The applicant subsequently
lodged an appeal with the Planning and Environment Court on the 1 December 2015 (Appeal
D171/2015) seeking a number of changes to the conditions of approval. Following further
submission of revised flood and stormwater management plans, Council resolved to finalise the
appeal at the Ordinary Meeting of 20 October 2016.
The Planning and Environment Court issued its judgment and Development Approval on 18
November 2016 which triggered the assessment and issue of Infrastructure Charges Notice
N1163 on 5 December 2016 in accordance with:
Sustainable Planning Act 2009;
State Planning Regulatory Provision (adopted charges) July 2012 as amended by Adopted
Charges Schedule 2016 (SPRP); and
Council’s Charges Resolution (No.2) 2014 (Amendment 1) effective date 28 October 2016.
The Infrastructure Charges Notice requires the applicant to pay the amount of $250,096 at the
current Adopted Infrastructure Charges Schedule 2016 index date (29 July 2016).
The charge was calculated on the increase in the development’s gross floor area for additional
buildings in accordance with the following:
greenhouse building (144m x 140m = 20,160 m2); plus
multipurpose shed (475 m2).
The gross floor area of the existing sheds on the site were excluded from the charge
calculation in accordance with clause 636 of the SPA legislation.
The Council Resolution charge rate of $12/m2 gross floor area was then applied to the total
development increase of 20,635 m2 = $247,620 at the June 2014 base date and indexed to
$250,096 to the current AICS 2016 date.
The legislative due date for payment is “when the change happens”. For this development as the
change had already happened with the use having commenced prior to the actual approval, the
infrastructure charge would have normally been due immediately on 18 November 2016 being
the court judgment. However, the applicant was given sufficient time to make payment with the
due date for payment being extended to 31 January 2016.
It should be noted that for this defined use of Cultivation Type 2 Intensive which falls under the
“high impact rural” adopted charge category, the maximum adopted charge permissible under the
SPRP is currently $20.20 per m2 gross floor area with no charge applicable for impervious m2 for
stormwater. This is significantly lower than all other development defined uses being reflective of
the nature of rural land uses.
Also notable is that Council’s charge rate of $12/m2 gross floor area for this defined use category
is well below the maximum permissible charge and also lower than most other local
governments. This is due to the apportionment agreement with Unitywater which currently
applies the same apportionment irrespective of location.
Under the Sustainable Planning Act 2009, the applicant also has the option to make
representations to the infrastructure charges notice however, in this instance, made no
representations and directly lodged an appeal with the Planning and Environment Court on the
11 January 2017.
The appeal seeks that the Court set aside the infrastructure charge on the grounds that:
the charge in the notice is so unreasonable that no reasonable relevant local government
could have imposed it;
Page 68 of 125
Section 69
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
The decision involved an error relating to the working out, for section 636, of the additional
demand.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Nil with respect to the Infrastructure Charges Notice.
With respect to the Development Approval:
Ordinary Meeting, 19 November 2015, Item 3, Page 56
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 13 October 2015 regarding Application No. MCU14/0039 &
REC15/0012 for a Development Permit for Material Change of Use - Cultivation Type 2 –
Intensive (Greenhouse) & Development Permit for Reconfiguring a Lot (Access Easement)
situated at 271 & 305 Lake Macdonald Dr, Lake Macdonald and:
Approve the applications in accordance with the following conditions (as noted in the minutes).
Ordinary Meeting, 14 January 2016, Item 8, Page 6
That Council note the report by the Development Planner to the General Committee Meeting
dated 11 January 2016, regarding Planning & Environment Court Appeal D171/2015 and agree
to defend the appeal.
Ordinary Meeting, 20 October 2016, Item 8, Page 6
That Council note the report by the Manager, Planning & Environment to the Planning &
Environment Committee Meeting dated 11 October 2016 and authorise the Chief Executive
Officer to finalise Appeal D171/2015 generally in accordance with the conditions as noted in the
report.
Finance & Risk
There will be costs for Council involved in defending the appeal.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes - Solicitor
Internal Consultation
Nil
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance x Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 69 of 125
Section 70
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
5 LOCAL GOVERNMENT INFRASTRUCTURE PLAN (PUBLIC PARKS & LAND FOR
COMMUNITY FACILITIES NETWORK DSS)
DOCUMENT INFORM AT ION
Author Infrastructure Assessment Coordinator, Oddbjorn Ludvigsen
Planning & Infrastructure Department
Index ECM/Subject/Local Government Infrastructure Plan (LGIP)
Attachments 1. LGIP Existing & Future Park Land Review
2. LGIP DSS (Public Parks & LCF)
EXECUTIVE SUMMARY
This report presents the staff review and proposed update of the Public Parks and Land for
Community Facilities network Desired Standards of Service (DSS) for updating the current PIP to
a LGIP.
RECOMMENDATION
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 7 February 2017 and approve the Desired Standards of
Service (DSS) for the Public Parks and Land for Community Facilities network provided in
Attachment 2 for proceeding with the new Local Government Infrastructure Plan (LGIP) under
The Noosa Plan 2006.
REPORT
This report presents the staff review of the Desired Standards of Service (DSS) for the Public
Parks and Land for Community Facilities network for the new LGIP for Council’s review and
endorsement.
A number of considerations have be made in undertaking this review including the long term
financial commitment and affordability in providing new land for “trunk” infrastructure and is
discussed further in the following sections. Following Council’s decision on the DSS, staff can
proceed to determining the network’s final components and inclusions.
1. Planning Support Documents
At the current time, work is proceeding on a new Sport and Active Recreation Plan and a new
Open Space Plan for the new planning scheme however these will not be completed in time for
use in this LGIP. Similarly, the recently adopted Noosa Social Strategy will need to progress the
key initiatives in order to determine whether any additional land requirements are needed for
other types of community facilities. These plans when completed will then guide the LGIP for the
new planning scheme.
The current PIP parks network is based on the Noosa Sport and Recreation Plan 2004 and the
Noosa Parks Strategy 2006. Review of these plans reveal that whilst they proposed the desired
needs to 2016, the gap analysis that assessed the land supply requirements actually used the
estimated ultimate resident populations at that time totalling 62,032 (46,756 in Urban PIA areas
and 15,276 in the Rural areas outside the PIA).
From Attachment 3 of the Draft LGIP Planning Assumptions report adopted by Council on the 15
December 2015, the estimated resident population projected to the proposed LGIP planning
horizon at 2031 is 60,160 (45,662 in Urban PIA areas and 14,499 in the Rural areas outside the
PIA). Therefore, these planning documents supporting the current PIP may also be considered
suitable to continue as supporting material for the new LGIP together with other considerations
for proposed amendments discussed further in this report.
Page 70 of 125
Section 71
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
2. Trunk Park Types
The current PIP includes all levels of parks under the Local, District and Regional (Shire-wide)
categories, however for the new LGIP, it is proposed that only parks at the District and Shire-
wide levels be included. The considerations in making this proposal to exclude Local parks from
the new LGIP is derived from review of sections 2.3 and 2.5.5a of the current Statutory Guideline
03/14 as follows:
Section 2.3:
“Infrastructure may only be identified in an LGIP if that infrastructure is development
infrastructure which the local government has also determined is trunk infrastructure.
Non-trunk infrastructure is generally infrastructure that is internal to a development,
connects a development to external infrastructure networks or necessary to protect or
maintain the safety or efficiency of the infrastructure network of which the non-trunk
infrastructure is a component.
To assist local governments in making a determination as to whether infrastructure is trunk
infrastructure, the following matters should be considered:
function – does the infrastructure provide a distribution function, collection function or
service to a wider catchment comprising multiple development sites?
number of users – does it service multiple development sites or catchments of users?
development certainty – can the planning of the infrastructure be undertaken without
knowing the details of individual developments? For example, can the infrastructure be
planned without knowing the detailed layout for lot reconfigurations or the design of the
development?”
and
Section 2.5.5a:
“When deciding what infrastructure to include in the PFTI and consequently what is defined
as trunk infrastructure, a local government must consider:
(1) the matters stated in Part A, section 2.3 (Infrastructure identified in a local
government infrastructure plan) of this guideline;
(2) whether the infrastructure:
a) is necessary to service assumed growth and urban development or an increase in
the standard of service inside the PIA;
b) provides an affordable, yet adequate standard of service to development;
c) is the most cost effective means of servicing assumed growth and urban
development, having regard to not only the capital cost, but also the maintenance
and operating costs of the infrastructure going forward;
d) reflects a consistent servicing strategy across all trunk infrastructure networks
(3) its ability to fund the infrastructure.”
In examining local parks, it considered that these are generally:
created as a park internal to a lot reconfiguration development and do not generally satisfy
the distribution, collection or service the wider catchment functions;
only services small numbers of users and not multiple development sites or catchments of
users;
cannot be planned without knowing the detailed layout for lot reconfigurations;
not the most cost effective means of servicing assumed growth and urban development;
Page 71 of 125
Section 72
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 FEBRUARY 2017
not reflective of a consistent servicing strategy across all trunk infrastructure networks i.e.
local roads and local stormwater items are not considered as “trunk”; and
potentially placing additional risk to fund infrastructure required for higher order parks
servicing District and Shire-wide functions.
Whilst Appendix B of the Statutory Guideline also provides an indicative list of examples of items
that may be considered to be “trunk” infrastructure (which includes local parks), this is not
mandatory and under the above reasoning is considered to be somewhat inconsistent with the
primary section of the Statutory Guideline referenced above.
It is therefore considered that local parks do not perform the desired higher order “trunk” type
function and the new LGIP should be limited to District and Shire-wide classifications. A number
of other local governments have also embraced this approach in their subsequent PIPs and
LGIPs.
This network also comprises a “Land for Community Facilities” component that can include
various community type uses. However due to the absence of supportive planning studies or
reports of this nature at the current time, it is proposed to maintain and limit this section to land
relating to “Indoor Sport and Recreation” purposes as contained in the current PIP and its
support planning documentation. It is anticipated that this will be reviewed for the next LGIP for
the new planning scheme.
3. Desired Standards of Service (DSS)
The purpose of the DSS is to provide a high level summary of the key planning and design
standards for a network. For the Public Parks and Land for Community Facilities network, the
standards typically relate to:
the rate of land provision (e.g. number of hectares per 1000 resident population);
distribution and accessibility (e.g. servicing 10,000 to 15,000 resident population and
location within 2.5 to 10 kilometres);
standards relating to the quality of land (e.g. in relation to slope and flood immunity);
minimum size for each type of park (e.g. between 1 to 10 hectares): and
Typical level of embellishments that may be provided for the facility (e.g. play equipment,
shelters, toilets, pathways, carparks etc.)
The DSS of the current PIP has been reviewed and the following amendments are
recommended:
i. removal of all references to “Local” parks;
ii. clarify that the quantity provision of land relates to “resident” population;
iii. clarify that Land for Community Facilities only relates to “indoor” sport and recreation
facilities and land for other types of community purposes are not included in this LGIP;
iv. update references made to sections of The Noosa Plan to reflect the current planning
scheme version; and
v. amend the quantity of desired land provision (ha/1000 resident population) to satisfy the
projected resident population at the 2031 LGIP horizon. This assessment is discussed in
the next section 4.
4. Existing and Future Park Land Review
At the LGIP workshop held on Thursday 19 January 2017, it was emphasised that this LGIP to
update the current PIP under The Noosa Plan will be temporary until superseded by the new
planning scheme. With the current Noosa Parks Strategy 2006 being the only planning support
document available, one discussion outcome was that the current PIP land proposals should
continue unless there was absolute certainty and genuine basis for removal.
Page 72 of 125
The text continues on section 73.