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Minor Change Council Report 51988.2770.02
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 SEPTEMBER 2024
51988.2770.02 APPLICATION FOR A MINOR CHANGE TO A TOWN PLANNING CONSENT
FOR INDOOR ENTERTAINMENT AND EXTENSION OF AN INDOOR ENTERTAINMENT AT
NOOSA DISTRICT SPORTS COMPLEX - 31 BUTLER ST, TEWANTIN
DOCUMENT INFORMATION
Author Senior Development Planner, Tara Norley
Development & Regulation Department
Index ECM/APPLICATION/51988.2770.02
Attachments ATTACHMENT 1 – 51988.2770.02 – PROPOSED CONDITIONS
ATTACHMENT 2 – 51988.2770.02 – PROPOSED ADVISORY NOTES
ATTACHMENT 3 – PLANNING OFFICER’S REPORT
ATTACHMENT 4 – PROPOSAL PLANS
APPLICATION DETAILS
Application No. 51988.2770.02
Development Approval Town Planning Consent for indoor entertainment and extension
of an indoor entertainment
Applicant Noosa Shire Council
Request Received On 1 May 2024
PROPERTY DETAILS
Property Address Noosa District Sports Complex
31 Butler St, Tewantin
RP Description Lot 372 MCH 3843
Land Area 29.752 Hectares
Existing Use of Land Sporting Facility
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Recreation and Open Space
Precinct Not applicable
Local Area Plan Tewantin
Overlays Land Subject to Acid Sulfate Soils Overlay
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 SEPTEMBER 2024
Assessment Type Minor Change to Town Planning Consent
EXECUTIVE SUMMARY
The applicant is seeking a minor change to the 1988 Town Planning Consent (Netball Clubhouse)
and subsequent 2021 minor change (Pickleball courts and changerooms) approvals, including
removal and replacement of the existing netball clubhouse and relocation of a portion of the
existing carpark.
In 2020, Noosa Council endorsed the Noosa District Sports Complex Master Plan 2020-2030 (the
“Master Plan”). A key recommendation in the Master Plan is to create a link road through the
Complex connecting the McKinnon Drive entrance at the north to the Butler St entrance to the
South of the Complex. The internal road is proposed to be widened through the upgrade process
to allow for two-way vehicle movement. The existing netball clubhouse is required to be relocated
to allow the widening.
The proposed changes to the development approval are generally consistent with Noosa Plan
2020 requirements, however, the development does not meet front boundary setback and built
form requirements. Specifically, the proposal is setback 6.9m from the Mckinnon Drive boundary
(in lieu of 20m) and the building is in excess of 15m in length. Additionally, the applicant is seeking
to provide a compacted gravel surface to the relocated carpark as part of this application, with
further upgrades to the carpark through subsequent stages of the Master Plan.
The setback and building design matters can be adequately addressed through landscaping
conditions, and accordingly the application is recommended for approval.
RECOMMENDATION
That Council note the report by the Senior Development Planner to the Planning & Environment
Committee Meeting dated 10 September 2024 regarding Application No. 51988.2770.02 to make
a minor change to an existing Town Planning Consent for indoor entertainment and extension of
an indoor entertainment situated at Noosa District Sports Complex - 31 Butler St, Tewantin and:
A. Approve the change.
B. Amend condition 2 and 9 as outlined in Attachment 1.
C. Include additional conditions 17 to 37 as outlined in Attachment 1.
D. Include advisory notes 1 to 6 as outlined in Attachment 2.
E. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
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ATTACHMENT 1 – (51988.2770.02) – PROPOSED AMENDED AND ADDITIONAL
CONDITIONS
2. A minimum of 68 car parking spaces must be provided and marked on the site and made
available and accessible at all times while the use is in operation. The works must be
generally in accordance with the approved plans and the Noosa District Sports Complex
Master Plan 2020-2030. The carparking area must be:
a. constructed with a suitable safe surface,
b. carspaces and access aisles must be suitably delineated, and
c. sealed as part of the subsequent stages of the Noosa District Sports Complex Master
Plan 2020-2030.
9. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property. The stormwater drainage system
must be generally in accordance with the Noosa District Sports Complex Master Plan 2020-
2030 and a whole of site stormwater management plan.
Approved plans
17. 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
A01-00 H Site Plan – Demolition prepared by Paynters 15/04/24
A01-01 H Site Plan – Proposed prepared by Paynters 15/04/24
Annotated by Council
A02-00 G Floor Plan prepared by Paynters 12/04/24
A02-02 G Roof Plan prepared by Paynters 12/04/24
A04-00 G External Elevations – Eastern and Western prepared by 12/04/24
Paynters
A04-01 G External Elevations – Northern and Southern prepared by 12/04/24
Paynters
Annotated by Council
A05-00 G Building Sections prepared by Paynters 12/04/24
Building appearance
18. Buildings and structures incorporate colours and textures that blend with and complement
the natural setting through low reflective surfaces and timbers that can fade to grey without
requiring high maintenance. Colours and materials shall be chosen to blend well with the
colours and hues of the surrounding vegetation and landscape without causing glare or
reflection in the violet, blue, green and yellow green side of the spectrum as well as greys or
browns including low gloss metal finishes. Broad expanses of a single colour are less
desirable and where possible should be broken up by other colours or design elements.
Whites or bright colours should be restricted to trimming.
19. Vandal resistant paint must be incorporated into the finish of the building.
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20. The building must include rainwater capture and reuse suitably designed for the roof size
and number of toilets.
Site Access and Driveways
21. An access driveway must be provided from McKinnon Drive to all parking and manoeuvring
areas of the development. The works must be generally in accordance with the Noosa District
Sports Complex Master Plan 2020-2030.
Earthworks and Retaining Walls
22. All earthworks and associated batters must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council. All
earthworks must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Damage to Services and Assets
23. Infrastructure including reticulated water, sewerage, stormwater, and electricity must be
protected from damage and made safe to the standard required by the regulatory authority.
24. 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.
Landscaping Works
25. Existing trees on the site must be retained, except where required to be removed to
accommodate the approved building. In this regard, the removal of vegetation must not
extend beyond 3 metres of the building footprint.
26. Existing vegetation in the road reserve must be retained, unless written authorisation from
Council is granted for the clearing.
27. Trees to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape
a. installing protective fencing around the drip line of the vegetation
b. restricting stockpiling, storage and vehicle parking to those areas which are already
cleared
c. using low impact construction techniques around vegetation.
28. The development site must be landscaped. The works must be undertaken in accordance
with the Noosa Plan for that specific area and must include:
a. provision of dense screen planting for a minimum length of 60m along the Mckinnon
Drive frontage (west of the Sports Complex Entrance) to screen the building from
Mckinnon Drive, in accordance with Planning Scheme Policy PSP2 – Landscaping.
29. 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.
Demolition
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30. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, are removed from the building prior to demolition or relocation.
31. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
32. A waste management plan, in accordance with the requirements of Planning Scheme Policy
PSP9 Waste Management, is to be provided to Council for approval prior to the issue of the
development permit for building works.
33. Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
solutions as contained in the Waste Management Code and Water Quality and Drainage
Code of the Noosa Plan.
34. Adequate area must be provided on-site for the collection and separate storage of recyclable,
non-recyclable, vegetative and hazardous materials in their specific waste streams during
removal or demolition works.
35. All waste materials must be removed from the site to avoid causing unhealthy conditions,
with the site left clean, tidy and free from any debris.
36. Where a development permit has not been issued for the future use of the site, hard surfaced
areas including concrete slabs must be removed and disturbed areas must be revegetated
in accordance with PSP2 Landscaping of the Noosa Plan 2020. Alternatively, the site must
be turfed within 20 business days of completing the removal or demolition work.
37. Erosion and sediment control is to be undertaken in accordance with the requirements of the
Water Quality and Drainage Code of the Noosa Plan. Measures are to be installed and/or
maintained until soils are stabilised by vegetation or sealed.
NOTE: It is an offence under the Environmental Protection Act 1994 to deposit or potentially
allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage
system (e.g. roadside gutter).
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ATTACHMENT 2 – (51988.2770.02) – ADVISORY NOTES
Building and Construction Industry (Portable Long Service Leave) Levy
1. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Demolition
1. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2018 and the Environmental Protection
Regulation 2019.
NOTE: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
businesses that transport asbestos waste, and landfills that accept this waste.
2. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
3. The ‘Plumbing and Drainage Regulation 2019’ states that at demolition or removal of a
building requires the existing sanitary drain upstream from the connection point for a service
provider’s sewerage system must be sealed water tight. This work is deemed as Notifiable
Work and must be carried out by a suitably licenced plumber who shall submit an As
Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work.
4. The ‘Plumbing and Drainage Regulation 2019’ states work necessary for installing, replacing
or removing a testable backflow prevention device is included work for Notifiable Work.
Removal must be carried out by a suitably licenced plumber who shall submit a Form 9
(Registration & Report on Inspection and Testing of Backflow Prevention Devices) and Form
4 (Notifiable Works Form) to the QBCC (Queensland Building Construction Commission)
within 10 days of completing the work. Notification to Council once works and document
submission is complete allows removal of backflow prevention devices from Council’s
backflow register.
5. All activities associated with the removal or demolition must be contained within the property
boundaries at all times with site gateways opening inwards and at approved locations only.
If the works cannot be contained within the site, a road and footpath permit must be applied
for.
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ATTACHMENT 3 – (51988.2770.02) – PLANNING OFFICER’S REPORT
REPORT
1. PROPOSAL
The applicant seeks minor changes to the 1988 Town Planning Consent (Netball Clubhouse) and
subsequent 2021 minor change (Pickleball courts and changerooms) approvals, including removal
and replacement of the existing netball clubhouse with a new 210m2 clubhouse building. The
proposal includes:
• 10 new unisex toilets (including PWD);
• Social room, first aid, canteen, meeting room and store;
• Accessible ramps are provided with grandstand seating facing the courts
• Fibre cement rendered building with gable roof form; and
• Amended carparking layout to include 17 spaces adjoining the clubhouse.
The applicant has provided the following commentary regarding the proposed relocation of the
clubhouse:
Noosa Council endorsed the Noosa District Sports Complex Master Plan (the “Master Plan”)
in 2020. A key recommendation in the Master Plan is to create a link road through the
Complex connecting the McKinnon Drive entrance at the north to the Butler St entrance to
the South of the Complex.
The Sport and Active Lifestyles team have been working closely with the Noosa District
Netball Association and the State appointed Project Managers (RPS) on the rebuild of the
netball clubhouse located at the Noosa District Sports Complex.
In consultation with Council's infrastructure staff we have requested that the clubhouse be
rebuilt in the alternative location presented in the plans in the Development Application. This
is to facilitate:
• Internal road and the McKinnon Drive entrance upgrades as recommended in the
endorsed Noosa District Sports Complex Master Plan.
• A future widening of the access road to facilitate safe and compliant vehicle movement
on the internal access road. Currently the road is unable to be widened due to the close
proximity of the existing building and other infrastructure on the site i.e. The Olive
Donaldson Pavilion, utility services. The relocation of the clubhouse will enable the
physical space to widen the road for two-way vehicle movement.
• The opportunity to improve pedestrian movement safety by creating formal crossing
points and pathways through both the formal, on street and gravels car parks in the
northern area of the site. (As part of the future carpark road upgrades).
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The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Subject Site
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Figure 3 – Existing Development
Figure 4 – Proposed Development Site
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Figure 5 – Floor Plan
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Figure 6 – Elevations (east, west, south, north)
2. BACKGROUND
• A trustee lease was issued for the site in 1986. Council’s electronic records identify that a range
of development approvals have been issued since 1999. The approvals generally relate to the
development of additional facilities associated with the recreation uses occurring on the site.
• A Town Planning Consent for Indoor Entertainment in the form of a netball clubhouse and an
extension to the soccer clubhouse was issued on 16 September 1988.
• In January 2020 the Noosa District Sports Complex Master Plan 2020-2030 was finalised. The
Master Plan identified future upgrades to the Netball component of the complex. The
Development Staging Plan within the Master Plan included the redevelopment of the
amenities/administration building within a 3 - 4 year time period.
Figure 7: Excerpt from the Noosa District Sports Complex Master Plan 2020-2030
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• A Minor Change to the Town Planning Consent was approved on 12 May 2022. The minor
change related to the demolition of 2 existing buildings (being the former Navy Cadets / Soccer
Building) and the construction of 2 replacement buildings (refer to Figure 8), described as
stages 1 and 3, and a structure providing protection from the weather which connects the
buildings, described as stage 2. The proposed clubhouse is comprised of home and away
dressing rooms, kitchen, storage and amenities. Further, 2 pickleball courts located under the
structure between the 2 buildings were also approved.
Figure 8: Replacement of existing clubhouse (2021 and 2024 aerials)
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017;
• The Noosa Plan.
3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the
Planning Act 2016. An application for a minor change to a development approval can only be made
in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
• the development would not result in substantially different development as the proposal
involves the removal and replacement of the clubhouse building only;
• the change does not include prohibited development;
• the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new matters prescribed by regulation;
• where the original application was code assessable, the change would not cause the
application to become impact assessable.
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3.3. Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
• Recreation and Open Space Zone Code
• Recreation Activities Code
• Works Codes;
The original application was lodged and assessed under the now superseded 1985 Planning
Scheme. The Planning Act 2016 requires minor change applications to be assessed against the
planning scheme in effect at the time of the original application (1985 scheme), however Council
may give weight to the planning scheme in effect at the time of the minor change application being
lodged (Noosa Plan 2020).
The subject site was zoned Open Space under the 1988 Strategic Plan and is zoned Recreation
and Open Space under Noosa Plan 2020. The use was defined as ‘Indoor Entertainment’ under
the original approval, which included a ‘club’ as part of the definition in the 1988 scheme. Under
Noosa Plan 2020, the use would be defined as a ‘Club’. The uses are consistent under both the
1988 and 2020 schemes in their respective zonings.
Applicant’s Request
The applicant has not requested to change any of the existing conditions of approval, however,
has requested that the following additional conditions be added to the existing approval:
Assessment of Request
Built form
The proposed relocation of the netball clubhouse complies with height, site cover and GFA
requirements under Noosa Plan 2020.
Wall Length
Acceptable Outcomes AO17.2 of the Recreation and Open Space Zone Code seek that the
maximum length of wall in one plane is typically not more than 15 metres. The proposed building
includes a maximum wall length of 28.25m, and as such does not meet AO17.2. the proposal is
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therefore required to comply with corresponding Performance Outcome PO17 of the Recreation
and Open Space Zone Code, which states ‘Buildings and other roofed structures do not present
an appearance of bulk in the open space setting, to adjacent properties, roads or surrounding
area.’
The building is a 5.3m high single storey building, orientated so that the approximate 10m wide
northern façade faces Mckinnon Drive, with open verandas being provided on the western and
southern elevations, and contributing a total of approximately 0.1% site cover to the site. Given
this, the building will not present an appearance of bulk in the open space setting to adjacent
properties, roads or surrounding area. Additionally, the building size is commensurate with the
existing approximate 30m long by 10m wide clubhouse on site and is likely to align with the
community’s expectations of the type and size of building expected to be provided for such uses,
providing sufficient amenities to a growing sporting club and facilitating the day-to-day
administrative needs of the use by providing adequate facilities to club management. In addition,
a condition is included in the recommendation requiring the development to incorporate colours
and textures that blend with and complement the natural setting through low reflective surfaces
and timbers. The proposal therefore complies with PO17 of the Recreation and Open Space Zone
Code.
Front Setback
Acceptable Outcome 18.1 of the Recreation and Open Space Zone Code requires buildings and
roofed structures to be setback a minimum of 20 metres from street frontages. The proposal seeks
a 6.9m setback from the Mckinnon Dr boundary, and as such does not comply with AO18.1. The
proposal is therefore required to comply with corresponding Performance Outcome PO18 of the
Recreation and Open Space Zone Code, which states:
Buildings and structures are appropriately sited so as to:
(a) maintain the open space character and amenity of the site;
(b) provide amenity for users of the premises as well as preserve the visual and acoustic
amenity of adjoining and nearby properties;
(c) provide adequate separation from adjoining land uses;
(d) allow for landscaping and the retention of existing trees;
(e) help protect the natural character and visual amenity of the Noosa River system and
other watercourses.
The proposed location of the new clubhouse is adjacent to a particularly wide area of Mckinnon
Drive road reserve, with the property boundary being setback approximately 22m from the road
edge (refer to Figure 9 & 10). Although the proposal is within the front setback, the building is
proposed on the existing carparking area, with all existing vegetation along the boundary to be
retained (noting one tree in the carpark will be removed to accommodate the building). The
applicant has also noted that ‘a Landscape Plan has been developed by Council’s Parks and
Gardens Team to provide for additional landscaping to screen the carparking area and new
building from McKinnon Dr. There are 141 trees proposed to be planted with a range of canopy
heights and varieties selected in accordance with PSP2 – Landscaping.’ Conditions have been
included in the recommendation requiring a minimum 3m deep landscaping strip to be provided
along the Mckinnon Drive frontage for a minimum length of 60m to provide screening to the
building.
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Figure 9: Existing Clubhouse and vegetation along the Mckinnon Dr frontage
Figure 10: Width of road reserve
The proposed location of the building, being in an existing open, cleared area of the site and being
of a scale commensurate with the existing development (ie contributing approximately 0.1% to the
total site cover) will retain the open space character and amenity of the site. Additionally, the new
building with provide increased amenity for users of the premises, given the improvements in the
building design and accessibility. The proposed location will also not have any adverse impacts on
the visual and acoustic amenity of adjoining and nearby properties, and is adequately separated
from adjoining land uses, being located approximately 150m from the nearest dwelling house. The
proposal therefore complies with PO18 of the Recreation and Open Space Zone Code.
Building Design
Acceptable Outcomes AO19.1, AO19.2 and 19.3 of the Recreation and Open Space Zone Code
seek that buildings are of a light-weight construction and incorporate natural sustainable materials
where possible, including natural timber and natural rock; buildings and structures incorporate
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colours and textures that blend with and complement the natural setting through low reflective
surfaces and timbers that can fade to grey without requiring high maintenance. The applicant has
included a proposed condition (included in the recommendation) requiring the building to
incorporate colours and textures that blend with and complement the natural setting through low
reflective surfaces and timbers that can fade to grey without requiring high maintenance. The
aesthetic appeal of the proposed building is fitting for the surrounding environment and local
character. Therefore, the proposed clubhouse complies with Acceptable Outcomes AO19.1,
AO19.2 and 19.3 of the Recreation and Open Space Zone Code.
Engineering
The applicant has provided the following commentary in relation to the requirement to relocate the
existing carpark as a result of the relocated clubhouse:
In relation to the demolition of the existing netball clubhouse and creation of the car park in
its place:
• The car park will be a compacted gravel surface or an alternative material as directed
by Council.
• The netball club have sufficient funds to deliver the demolition and new car park area
and will schedule these works as soon as the new clubhouse has been constructed. At
this, subject to construction delays, this is planned for February 2025 and is a priority
for the club to complete prior to the netball season commencement in March.
Council’s Coordinator Engineering, Development Assessment has reviewed the application
material and provided the following comments:
The applicant has requested conditions be included for the sealing of the carparking area
and for stormwater controls to be undertaken as part of subsequent stages of the Noosa
District Sports Complex Master Plan 2020-2030. The request for conditions is considered
reasonable.
It is noted that as the subsequent civil works are being carried out by or on behalf of Council
the works are exempt from assessment. The applicant also provided the following
commentary regarding stormwater management:
Noosa Council is currently (2024) working through the development and delivery of a whole
of complex site-based storm water management plan (SBSWMP). This SBSWMP will
provide a storm water management plan for all current and future proposed infrastructure on
site to draw upon water sensitive urban design principles to effective management and treat
storm water on site while protecting the surrounding significant biodiverse vegetated areas.
It provides an integrated and coordinated approach to storm water management at the site.
It is requested that all future works comply with this SBSWMP including the Stage One and
Two internal road and car park upgrades.
Given the timing of works proposed on the site, endorsed by Council in 2020 under the Noosa
District Sports Complex Master Plan, several amended and/or new conditions have also been
included in the recommendation relating to engineering requirements, in accordance with the
timing of the Master Plan.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Other Referrals
The application was forwarded to the following internal Council specialists:
• Coordinator Engineering, Development Assessment
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5. CONCLUSION & REASONS FOR DECISION
The applicant seeks approval to remove and replace the existing Netball Clubhouse being, which
remains consistent with the zoning intent for the site. Whilst the building generally meets Planning
Scheme requirements, it does not comply with front setback acceptable outcome requirements.
The proposed non-compliance is considered acceptable and meets the relevant performance
outcome in the Planning Scheme due to the overall approximate 29m setback from Mckinnon Drive
and the provision additional landscaping along the frontage to provide additional screening to the
building.
The proposed minor change is therefore recommended for approval.
Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director Director
Chief Executive Officer Community Development Financial Services
Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Governance Customer Experience Commercial Property
Strategy & Environment & Development & Regulation Infrastructure Services
Sustainable Development
Director x Director Director
Strategic Land Use Planning x Development Assessment Infrastructure Planning, Design
and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health Asset Management
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
Waste
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