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2021-09-13 General Committee Meeting Agenda
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AGENDA
General
Committee Meeting
Monday, 13 September 2021
commencing at 10am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Karen Finzel, Joe Jurisevic, Amelia
Lorentson, Clare Stewart, Brian Stockwell, Tom Wegener
“Noosa Shire – different by nature”
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Full text of sections 2 to 77 (of 135)
Section 2
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 4
2 CONFIRMATION OF MINUTES 4
3 PRESENTATIONS 4
4 DEPUTATIONS 4
5 ITEMS REFERRED FROM COMMITTEES 4
1 MCU17/0563.02 & OPW17/0597.02 - OTHER CHANGE TO A DEVELOPMENT
APPROVAL FOR A MATERIAL CHANGE OF USE FOR 2 X MULITPLE
HOUSING TYPE 2 - DUPLEXES AND OPERATIONAL WORKS (ENGINEERING
WORKS AND LANDSCAPING) TO INCLUDE SHORT TERM
ACCOMMODATION AT 30 & 32 THE COCKLESHELL, NOOSAVILLE 4
2 MCU21/0087 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF
USE – SHORT TERM ACCOMMODATION AT 51 TINGIRA CRESCENT,
SUNRISE BEACH 4
3 MCU20/0155 - REPRESENTATIONS TO DEVELOPMENT PERMIT FOR
MATERIAL CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 75
WILLIAMS ROAD, KIN KIN 4
4 MCU20/0149 - REPRESENTATIONS TO DEVELOPMENT PERMIT FOR
MATERIAL CHANGE OF USE FOR SHORT TERM ACCOMMODATION 29
FERGUSON STREET, SUNSHINE BEACH 5
5 MCU17/0002.02 & OPW17/0035.02 - APPLICATION FOR AN OTHER CHANGE
TO A DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE –SHORT
TERM ACCOMMODATION & OPERATIONAL WORKS AT 14 ANN ST
NOOSAVILLE 5
6 GO NOOSA PEAK PERIOD TRAFFIC MANAGEMENT – CHRISTMAS 2021/22
& EASTER 2022 5
7 PROPOSED NEW LEASE – SHOP 8 SUNRISE NEIGHBOURHOOD
SHOPPING CENTRE 5
6 REPORTS DIRECT TO GENERAL COMMITTEE 6
8 SPS21/0290 – REQUEST TO APPLY SUPERSEDED PLANNING SCHEME –
COMMERCIAL BUSINESS TYPE 1 OFFICE, TYPE 2 MEDICAL AND RETAIL
BUSINESS TYPE 4 - SHOWROOM AT 28 EENIE CREEK ROAD, NOOSAVILLE
(LOT 2) 6
9 SPS21/0291 – REQUEST TO APPLY SUPERSEDED PLANNING SCHEME –
COMMERCIAL BUSINESS TYPE 1 OFFICE AND TYPE 2 MEDICAL AT 28
EENIE CREEK ROAD, NOOSAVILLE (LOT 22) 42
Page 2 of 135
Section 3
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
10 MCU21/0013 & OPW21/0031 - APPLICATION FOR MATERIAL CHANGE OF
USE – MULTIPLE DWELLING UNITS X 19, FOOD AND DRINK OUTLET,
INDOOR SPORT AND RECREATION, HEALTH CARE SERVICE, OFFICE AND
OPERATIONAL WORKS FOR STORMWATER MANAGEMENT, ACCESS,
PARKING, EARTHWORKS AND FRONTAGE WORKS AT 30-32 DOONELLA
ST, TEWANTIN 78
11 NOOSA RIVER OYSTER ECOSYSTEM RESTORATION PROJECT – ANNUAL
REPORT NO. 2 106
12 FINANCIAL PERFORMANCE REPORT – AUGUST 2021 109
13 JOINING THE COUNCIL OF MAYORS (SEQ) 122
14 YUROL RINGTAIL CONSERVATION PROJECT – GREENFLEET AND KABI
KABI INCLUSION 125
7 CLOSED SESSION 135
Page 3 of 135
Section 4
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the General Committee Meeting held on 16 August 2021 be received and
confirmed.
3 PRESENTATIONS
Nil.
4 DEPUTATIONS
Nil.
5 ITEMS REFERRED FROM COMMITTEES
PLANNING & ENVIRONMENT COMMITTEE
1 MCU17/0563.02 & OPW17/0597.02 - OTHER CHANGE TO A DEVELOPMENT
APPROVAL FOR A MATERIAL CHANGE OF USE FOR 2 X MULITPLE HOUSING
TYPE 2 - DUPLEXES AND OPERATIONAL WORKS (ENGINEERING WORKS AND
LANDSCAPING) TO INCLUDE SHORT TERM ACCOMMODATION AT 30 & 32 THE
COCKLESHELL, NOOSAVILLE
(Planning & Environment Committee Agenda, 7 September 2021, Item 2, Page 17)
Reason for referral – for further consideration
2 MCU21/0087 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE
– SHORT TERM ACCOMMODATION AT 51 TINGIRA CRESCENT, SUNRISE BEACH
(Planning & Environment Committee Agenda, 7 September 2021, Item 3, Page 43)
Reason for referral – for further consideration
3 MCU20/0155 - REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 75 WILLIAMS ROAD,
KIN KIN
(Planning & Environment Committee Agenda, 7 September 2021, Item 6, Page 80)
Reason for referral – for further consideration
Page 4 of 135
Section 5
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
4 MCU20/0149 - REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE FOR SHORT TERM ACCOMMODATION 29 FERGUSON STREET,
SUNSHINE BEACH
(Planning & Environment Committee Agenda, 7 September 2021, Item 7, Page 91)
Reason for referral – for further consideration
5 MCU17/0002.02 & OPW17/0035.02 - APPLICATION FOR AN OTHER CHANGE TO A
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE –SHORT TERM
ACCOMMODATION & OPERATIONAL WORKS AT 14 ANN ST NOOSAVILLE
(Planning & Environment Committee Agenda, 7 September 2021, Item 8, Page 106)
Reason for referral – for further consideration
SERVICES & ORGANISATION COMMITTEE
6 GO NOOSA PEAK PERIOD TRAFFIC MANAGEMENT – CHRISTMAS 2021/22 &
EASTER 2022
(Services & Organisation Committee Agenda, 7 September 2021, Item 1, Page 4)
Reason for referral – for further consideration
7 PROPOSED NEW LEASE – SHOP 8 SUNRISE NEIGHBOURHOOD SHOPPING
CENTRE
(Services & Organisation Committee Agenda, 7 September 2021, Item 3, Page 19)
Reason for referral – for further consideration
Page 5 of 135
Section 6
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
6 REPORTS DIRECT TO GENERAL COMMITTEE
8 SPS21/0290 – REQUEST TO APPLY SUPERSEDED PLANNING SCHEME –
COMMERCIAL BUSINESS TYPE 1 OFFICE, TYPE 2 MEDICAL AND RETAIL BUSINESS
TYPE 4 - SHOWROOM AT 28 EENIE CREEK ROAD, NOOSAVILLE (LOT 2)
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/ SPS21/0290
Attachments 1. Proposal Plans
2. Applicant’s Valuation
3. Council’s External
Valuation
Confidential pursuant to the Local Government Regulation 2012 section
254J (3) (e) – legal proceedings that may be taken by or against the Council
and 245J (3) (f) – commercial matter involving the Council where disclosure
would be likely to prejudice the interests of Council. (163 Page attachment
separate to this agenda).
APPLICATION DETAILS
Application No. SPS21/0290
Applicant Stockwell NC Pty Ltd
Request Received On 30 July 2021
PROPERTY DETAILS
Property Address Noosa Civic
28 Ennie Creek Road, Noosaville 4566
RP Description Lot 3 SP 246584 (Approved Lot 2)
Land Area 31.73ha
Existing Use of Land Noosa Civic
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Planning Scheme Noosa Plan 2006 Noosa Plan 2020
Locality Noosaville Noosaville Local Plan Area
Zone Shire Business Centre Major Centre Zone
Precinct B3 Business Park Precinct
Overlays Biodiversity Overlay Acid Sulfate Soils Overlay
- Enhance or Protect - Above 5 metres to 20
Natural Hazard Overlay metres AHD
- Acid Sulfate Soils: 5 -20m Bushfire Hazard Overlay
AHD - Potential Impact Buffer
- Bushfire: Potential Impact
Buffer
Assessment Type All consistent uses subject to Code Office – consistent Impact
assessment Medical – consistent Impact
Consistent uses subject to
Impact assessment
Showroom – inconsistent use
subject impact assessment
Page 6 of 135
Section 7
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
RECOMMENDATION
That Council note the report by the Coordinator Planning to the General Committee Meeting dated
13 September 2021 regarding Application No. SPS21/0290 for a Request for Superseded Planning
Scheme - Commercial Business Type 1 Office, Type 2 Medical and Retail Business Type 4 -
Showroom at 28 Eenie Creek Road, Noosaville and refuse the Request to apply the Superseded
Planning Scheme for the following reasons:
1. The introduction of the Noosa Plan 2020 has not resulted in an adverse planning change to
the property pursuant to the Planning Act 2016.
2. An application for the proposed development under the Superseded Planning Scheme is
unlikely to be supported by Council given it conflicts with the outcomes sought for the site.
1. PROPOSAL
The applicant seeks that the Council agree to a request to accept an application for Material Change
of Use for Commercial Business Type 1 Office, Type 2 Medical and Retail Business Type 4 -
Showroom under the superseded planning scheme (SPS) on approved Lot 2, being the Noosa Plan
2006.
Section 29(4) of the Planning Act 2016 states:
A person may, within 1 year after the planning scheme and related policies become a
superseded planning scheme, make a superseded planning scheme request in relation to the
superseded planning scheme.
This application has been made within one year of the commencement of the Noosa Plan 2020, with
the Noosa Plan 2020 having commenced on 31 July 2020.
Agreement to the SPS request does not mean that the proposed development is approved, as a
code assessable application is still required for the proposed development under the Superseded
Planning Scheme.
The current application includes material which would be included in a development application
should the SPS request be accepted.
This material includes:
Draft architect plans;
Town planning report;
Draft landscape concept plans;
Draft civil engineering report;
Draft stormwater management plan engineering report; and
Draft traffic report and swept path diagrams;
It is proposed to construct 2 x two storey buildings, with the proposed gross floor areas as follows:
Commercial Business Type 1 Office and Type 2 Medical – 1,300m2 on the first floor combined
Retail Business Type 4 – Showroom – 2,675m2 on the ground floor
A copy of the proposal plan and a Locality Plan are detailed below:
Page 7 of 135
Section 8
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Figure 1: Proposed site plan
Figure 2: Proposed ground floor plan
Page 8 of 135
Section 9
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Figure 3: Proposed first floor plan & Architectural render
Page 9 of 135
Section 10
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Figure 4: Locality Plan
Figure 5: Locality Plan
2. SITE DETAILS
2.1. Background
The intended form for the development of the site was originally identified through a master plan
process nominated by the 1997 Strategic Plan. Master plans were developed in consultation with
the owners of the site, various external consultants and the community to achieve the aim of the
Strategic Plan and to inform the development of the Noosa Plan. When the Noosa Plan was created
in 2006 it captured MP2 via the inclusion of various provisions under the Noosaville Locality Code
Page 10 of 135
Section 11
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
and the current master plan within the Noosa Plan 2006 known as the Shire Business Centre precinct
map (see figure 9).
The site has partly been developed with the Noosa Civic established in October 2006 as Stage 1.
Stage 1 involved the establishment of a discount department store based shopping centre of
approximately 23,900m2 gross floor area, along with 7,000m2 gross floor of retail showrooms, a
service station and 4,925m2 gross floor area of commercial office space. As part of the approval for
Stage 1, Lot 3 SP182845 was dedicated as open space to the State.
In 2003, the applicant entered into an Infrastructure Agreement which in part provided for
infrastructure items to be provided by the applicant for the existing and future development of the
land in total. The agreement also included dedication of land as road reserve and for public open
space purposes. Furthermore, the agreement provided that there would be no requirement for
contributions to be paid (by way of conditions imposed on any application) nor pay infrastructure
charges associated with the future development of the land provided that the intensity of
development of a future stage did not exceed that envisaged by MP2.
A Stage 2 development was approved by Council in 2008 and comprised four office buildings with a
combined gross floor area of 7,701m2. This development never proceeded and has since lapsed.
A development application for a major shopping centre expansion proposal was lodged with Noosa
Council in 2007 and ultimately decided by Sunshine Coast Council. The development was referred
to as Noosa Civic Stage 3 and involved a 41,050m2 expansion to the existing shopping centre,
comprising 35,850m2 of additional retail floor space and 5,200m2 of commercial office space. The
development’s location occupied most of SBC Precinct E1 and extended further to the east toward
Walter Hay Drive and occupied most of Precinct E6.
Sunshine Coast Council refused the application at its Ordinary Meeting of 4 June 2009. The decision
was appealed by the applicant (Planning & Environment Court appeal ref. 182/09) and a number of
parties elected to become co-respondents to defending the appeal. The case proceeded to trial but
the appellant subsequently discontinued the appeal in May 2011 partway through the trial. The
applicant and owner at the time subsequently sold the site to QIC early in 2012.
A further application for a major expansion of the shopping centre was lodged by QIC with Council
in January 2015. The application sought approval for a major expansion of the Noosa Civic shopping
centre involving 32,525m2 of additional floor area and 22,870m2 of gross leasable area, 66 new
commercial tenancies, comprising 2 supermarkets, a discount department store, specialty stores,
food outlets and restaurants. The expansion was proposed at the eastern end of the existing
shopping centre, where the existing food court is located. Some reconfiguration of that end of the
existing centre was also proposed. Notably the application included contributions to offset the loss
of koala habitat at the time.
Noosa Council refused the application at its Ordinary Meeting on 24 September 2015 citing 10
reasons. An appeal was lodged with the Planning and Environment Court on 23 October 2015 by
the applicant. The Planning and Environment Court upheld Council’s refusal on 16 December 2016
with the judgement concluding that that the combination of conflicts outweighed the grounds
advanced by the appellant, including:
(i) the negative traffic implications;
(ii) the likely negative outcomes for the intended “Civic” area;
(iii) the bulk and scale of the proposed development insofar as it could result in more intensive
development and that it does not enhance or form an extension of OS7/ Covenant J;
(iv) the likely overestimation of the need for and the extent and variety of speciality shops;
(v) the likely negative impacts on the Noosa Junction Centre; and
(vi) the substantive conflict between long term proposed use and mix of uses intended for the SBC,
at its centre or core.
Page 11 of 135
Section 12
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
On 20 February 2020, Council, at its Ordinary meeting resolved to refuse an application to
reconfigure 1 lot into 23 lots. As a result of Council’s decision to refuse the subdivision, the applicant
lodged an appeal to the Planning & Environment Court. During the course of the appeal a series of
without prejudice meetings were held with the applicant, which resulted in a negotiated settlement
on 3 September 2020 which allowed for the 1 into 23 lot reconfiguration to proceed subject to
conditions.
2.2. Site Description
The site is part of Lot 3 SP 246584 located at 28 Eenie Creek Road, Noosaville. The lot is irregularly
shaped and approximately 31.73ha in area. The following image is of the current title:
Figure 6 – Current title
The site has frontages to Eenie Creek Road (approximately 730m) and Walter Hay Drive
(approximately 1,030m), which both form part of the major road network identified by The Noosa
Plan. Neither of the roads are State controlled. Vehicular access to the site is currently provided from
Eenie Creek Road, Walter Hay Drive and Hofmann Drive, with both intersections functioning as
roundabouts. An additional roundabout intersection has been constructed on Walter Hay Drive at
the southern end of the site in anticipation of future development. Pedestrian and cyclist access to
the site is primarily provided via a path from the Eenie Creek Road frontage, with pedestrian/cycle
tunnels constructed under both Eenie Creek Road and Walter Hay Drive. The site is within a few
kilometres of secondary activity centres at Tewantin, Noosaville and Noosa Junction. The Noosaville
industrial estate is located to the immediate west of the site, with a large retirement village located
Page 12 of 135
Section 13
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
to the north, with the North Weyba section of the Noosa National Park and Lake Weyba to the east.
At a regional scale, the site is located approximately 27km north of Maroochydore, the primary
activity centre.
The proposed development is situated on Lot 2 of the recently approved reconfiguration. A plan seal
application has not been lodged, with the works required for the subdivision currently under
construction and accordingly the lot is yet to be created. The lot is 8,550m2 including the existing
covenant area. The following image details the approved reconfiguration layout.
Figure 7 – Approved reconfiguration plan
Page 13 of 135
Section 14
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
2.3. Surrounding Land Uses
The Noosaville industrial estate is adjacent the site to the west, with Rene Street extending into the
SBC and connecting to Hofmann Drive. The estate contains a broad mix of industrial and business
uses. Adjacent lots within the SBC to the west and south west of the site fronting Hofmann Drive and
Rene Street have been developed for warehousing, storage, distribution, manufacturing and trade
showroom uses. Lionel Donovan Drive is to the north of the site, across Eenie Creek Road, and is
predominantly developed for motor vehicle sales businesses and complementary industrial business
uses. Noosa Domain retirement village is north of the site across Eenie Creek Road. Substantial
open space and conservation lands containing remnant vegetation are adjacent the site to the south
and east and conserved in National Park or Environmental Reserve, with Eenie Creek approximately
500m to the south flowing to Lake Weyba 1.5km to the southeast.
3. ASSESSMENT
3.1. Superseded Planning Scheme Request
Under the Planning Act 2016 a person may within 1 year after commencement of the Noosa Plan
2020, make a SPS request.
A SPS request is a written request to Council:
To accept, assess and decide a development application under a superseded planning
scheme; or
To apply a superseded planning scheme to a development that was accepted development
(no approval required).
Under the Planning Regulation 2017, Council must decide whether or not to agree to a SPS request
within 30 business days after the request is received, which may be extended where the applicant
agrees in writing before the period ends. If no decision is made by Council within the required time
frame, the Council is taken to have agreed to the SPS request.
If the Council decides to agree or is taken to have agreed to the request, the superseded planning
application must be made within 6 months to Council or where the proposal is accepted development
under the SPS commence the use within 6 years of the Decision Notice being given.
3.2. Planning Schemes
The site is located in the Noosaville Locality and is zoned Shire Business Centre Zone under the
SPS. Under the SPS the proposed development requires a code assessable development
application.
In comparison under The Noosa Plan 2020, the site is zoned Major Centre and located within the
Business Park Precinct. An application to develop the land in accordance with the applicant’s
proposal would be impact assessable with the Showroom use being an inconsistent use.
The following table details the level of assessment applicable to the proposed uses under the Noosa
Plan 2006 and the Noosa Plan 2020.
Land use Level of assessment Level of assessment
Noosa Plan 2006 Noosa Plan 2020
Commercial Business Type Consistent - code assessable Consistent – impact assessable
1 Office
Commercial Business Type Consistent - code assessable Consistent – impact assessable
2 Medical
Retail Business Type 4 – Consistent - code assessable* Inconsistent - impact assessable
Showroom
* However, the proposal exceeds the permitted Showroom space and therefore is inconsistent with
the planning scheme
Page 14 of 135
Section 15
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
The subject site is also identified by the SPS’s Biodiversity Overlay and Natural Hazard Overlay. An
application to develop the site would be required to address the requirements associated with these
overlays and the Engineering Works Codes, including the Water Sensitive Design Code.
Under the Noosa Plan 2020 the site is mapped by the Acid Sulfate Soils Overlay and the Bushfire
Hazard Overlay. Notably the proposal does not trigger the Biodiversity, Waterways and Wetlands
Overlay Code.
The following images detail the zoning of the site and surrounding area and the precincts under both
the superseded and Noosa Plan 2020.
Figure 8 – Land Zoning (Noosa Plan 2006)
Figure 9 – Shire Business Centre precincts (Noosa Plan 2006)
Page 15 of 135
Section 16
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Figure 10 – Land Zoning (Noosa Plan 2020)
Figure 11 – Noosa Business Centre Precincts (Noosa Plan 2020)
Page 16 of 135
Section 17
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
The SPS and the Noosa Plan 2020 also differ with regards to some other uses insofar as some uses
which are consistent under the SPS are not consistent uses under the Noosa Plan 2020. These uses
are showroom, veterinary service, service station, hardware supplies and a garden centre.
Furthermore, the Noosa Plan 2020 also introduces some consistent uses which were not consistent
uses under the SPS. The new consistent uses are food and drink outlet, community care centre,
community use, educational establishment, emergency services and research and technology
industry.
With respect to the current application, the primary difference between the superseded planning
scheme and the Noosa Plan 2020 is that the proposed Showroom use is a consistent use under the
Noosa Plan 2006 and an inconsistent use under the Noosa Plan 2020. Notwithstanding, Specific
Outcome of the Noosaville Locality Code within the Noosa Plan 2006 prescribes a limit of 7,000m 2
of gross floor area for showroom within Precinct B3 of the Shire Business Centre Zone. The existing
approval for the Noosa Civic development has already permitted the development of 7,000m2 of
showroom gross floor area. As such, the proposed addition of additional showroom gross floor area
would be inconsistent with the Noosa Plan 2006.
It is the applicant’s position that Precinct B3 currently delivers 5,682m2 of Showroom floor space on
the basis that recent approvals for F45, FS8, Complete Frames and a vet within Precinct B3 have
reduced the extent of current showroom floor space. However, this does not acknowledge the
existing approval and that these non-showroom uses could be replaced with Showrooms without a
further development application to Council. The applicant has not sought to reduce the extent of
showroom floor space permitted under the original approval.
The applicant also seeks to rely on a 2018 Location IQ Noosa Shire Retail Plan as justification for
the proposed additional Showroom floor space. The report identifies an existing large format
retail/showroom deficiency of 18,800m2. The Location IQ report was not adopted or endorsed by
Council. Council also specifically sought in developing the Noosa Plan 2020 to allow for an additional
4,200m² of Showroom floor space within the Showroom Precinct of the Shire Business Centre,
7,500m2 of retail in the Village Mixed Use Precinct in order to maintain the centre as a mixed use
business centre with a range of employment options, introduce some high density housing and
continue to support other centres. The subject site is not located within the Showroom precinct as
identified by the Noosa Plan 2020.
This is detailed in the following table which details the assessment benchmarks which determine the
site’s potential yield under both the Noosa Plan 2006 and the Noosa Plan 2020.
Noosa Plan 2006 Noosa Plan 2020
Zoning Shire Business Centre Major Centre
Precinct B3 Business Park Precinct
Applicable Overlays Biodiversity Overlay Acid Sulfate Soils Overlay
- Enhance or Protect - Above 5 metres to 20 metres AHD
Natural Hazard Overlay Bushfire Hazard Overlay
- Acid Sulfate Soils: 5 -20m AHD - Potential Impact Buffer
- Bushfire: Potential Impact Buffer
Consistent Uses for Commercial business Type 1 Office Food & Drink Outlet
zone Commercial business Type 2 Medical Office
Commercial business Type 3 Community Care Centre
Veterinary Community Use
Retail business Type 4 Showroom Educational Establishment
Retail business Type 5 Vehicle Emergency Services
Retail business Type 6 Hardware Health Care Service
Retail business Type 7 Garden and Research and Technology Industry
Lifestyle Centre
Page 17 of 135
Section 18
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Noosa Plan 2006 Noosa Plan 2020
Plot Ratio/Site Cover O6 The site cover, gross floor area PO5 The site cover and plot ratio of
and plot ratio of buildings and other buildings and other roofed structures:
roofed structures— 1. is of a scale that is
a) results in a building scale that is compatible with surrounding
compatible with surrounding development;
development; 2. does not present an
b) does not present an appearance of appearance of bulk to
excessive bulk to adjacent properties, adjacent properties, roads or
roads or other areas in the vicinity of other areas in the vicinity of
the site; the site;
c) maximises the retention of existing 3. maximises the retention of
vegetation and allows soft existing vegetation and allows
landscaping between buildings; for additional soft
landscaping between
buildings;
4. facilitates onsite stormwater
management and
vehicular access;
Plot Ratio: 0.8:1
Plot ratio: 0.8:1 Site are = 7,892m2
Site are = 7,892m2 Allowable plot ratio = 6,314m 2
Allowable plot ratio = 6,314m2
Height 2 storeys / 8 metres 3 storeys
12 metres for that portion of the site
within 50 metres of the frontage
otherwise 10 metres (Gateway site)
Setbacks Premises adjoining the internal loop 4 metres for the ground and
road: 6m from that road for the 1st second storey and 8 metres for the
and 2nd storey and 9m from that road third storey,
for the 3rd storey Other boundaries 0m
Car parking Commercial business Type 1 Office Food & Drink Outlet
1 space per 20m2, or part thereof, of one space per 20m² of use
use area; OR area and outdoor business area,
1 space per 2 employees whichever excluding kitchen and food storage
is the greater. areas; and
A minimum of 4 spaces are provided if including a drive-through, queuing
Commercial business Type 2 Medical room for 10 vehicles
1 space per 20m2, or part thereof, of Office
use area; OR One space per 20m²
3 spaces per medical practitioner Community Care Centre
whichever is the greater. One space per 20m²
Commercial business Type 3 Community Use
Veterinary One space per 20m²
1 space per 20m2, or part thereof, of Educational Establishment
gross floor area; OR a primary or secondary school (State
3 spaces per veterinarian whichever or private)—
is the greater. one space per employee; and
Retail business Type 4 Showroom one space per 30 students; and
1 space per 50m2 or part thereof of separate set down area/s for cars and
use area. buses
Retail business Type 5 Vehicle a college, university or technical
For Service Station - 4 spaces per institute—
service bay, with a minimum of 5 one space per employee; and
spaces provided. one space per 10 students of driving
age; and
Page 18 of 135
Section 19
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Noosa Plan 2006 Noosa Plan 2020
For Vehicle Hire Premises - 1 space separate set down area for buses
per 3 vehicles, or part thereof, Emergency Services
available for hire (These spaces may one space per employee; and
be arranged in a tandem layout);
additional spaces for the intended use
AND
Health Care Service
1 wash bay
One space per 20m²
Retail business Type 6 Hardware
Research and Technology Industry
1 space per 60m2 or part thereof of
one space per 50m² up to 500m²;
use area; AND
one space per 100m² in excess of
queuing room for 8 vehicles in any
500m²; and
drive in/through loading bay.
a loading bay for a semi-trailer of 15
Retail business Type 7 Garden and
metres x 3.6 metres and
Lifestyle Centre
on site manoeuvring for a semi-trailer
1 space per 60m2 or part thereof of
use area, with a minimum of 5 spaces
provided.
The following table demonstrates that the built form of the proposed development is generally
compliant with the quantitative assessment benchmarks of both the SPS and the Noosa Plan 2020
with the exception of the maximum allowable height under the SPS.
Relevant assessment Noosa Plan 2006 Complies Noosa Plan 2020 Complies
benchmarks
Height: 8 metres max 12 metres for that
portion of the site
within 50 metres of
the frontage
otherwise 10
metres
Building 1:
7.992 metres
Building 2:
10 metres to eave X
12 metres to lift overrun X
Storeys: 2 storeys max 3 storeys
(Gateway sight)
Building 1:
1 storey
Building 2:
2 storeys
Plot ratio: 0.8:1 0.8:1
3.3. Potential for Compensation
Under the Planning Act 2016 a person who was the owner of the premise when The Noosa Plan
2020 commenced (referred to in the Act as an affected owner), may make a claim for compensation
where:
the planning scheme change reduces the value of an interest in premises (referred to in the
Act as an adverse planning change);
The request to apply the superseded planning scheme is refused;
Page 19 of 135
Section 20
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Where the development is assessable under the Superseded Planning Scheme, the
application is made and refused, approved with conditions or approved in part; or
Where the adverse change is a public purpose change.
However, pursuant to s30(4) of the Act an adverse planning change does not include a planning
change that:
(a) has the same effect as another statutory instrument, other than a TLPI, for which compensation
is not payable; or
(b) is made to comply with the regulated requirements; or
(c) includes infrastructure in a planning scheme, or removes or changes the infrastructure shown
in a planning scheme, including under a designation; or
(d) is about matters included in a LGIP; or
(e) is made—
(i) to reduce a material risk of serious harm to persons or property on the premises from natural
events or processes (bush fires, coastal erosion, flooding or landslides, for example); and
(ii) under a provision of the Minister’s rules that applies specifically to the making of a planning
change to reduce the risk; or
(f) is about the relationships between, the location of, or the physical characteristics of, buildings,
works or lots, if the yield achievable is not substantially different from the yield achievable
before the change; or
(g) is made under section 276(1)(c) to identify all or part of a local government area as a party
house restriction area
Notably for (f) above, the yield achievable is not substantially different from the yield achievable
before the change, in relation to building work for a residential building, if the gross floor area of the
residential building - (a) is not more than 2,000m2; and (b) is reduced by not more than 15%.
The applicant maintains that the changes are adverse planning changes which have reduced the
value of an interest in the premises and that refusal to apply the SPS to a development application
may trigger claims for compensation. It is the applicant’s position, supported by an indicative
assessment of comparative land values prepared by a valuer, that the highest and best use of the
site under the Noosa Plan 2006 is a Showroom/Office development. Whilst under the Noosa Plan
2020 it is an Office and Medical/Health Care Service. The indicative assessment identifies no
difference in land value between the highest and best use under the Noosa Plan 2006 and Noosa
Plan 2020.
The assessment though also states that any purchaser would need to obtain development approval
for a showroom/office development given the zoning requires an impact assessable development
application to be submitted and any settlement would most likely be subject to this. As a result, there
would be an increased timeframe associated with settlement with most buyers requiring 12-months
for obtaining development approval. The assessment suggests that the increased timeframe
associated with settlement results in a decrease of value when undertaking a present value
calculation.
A review of the applicant’s valuation was undertaken by an external valuer for Council who agreed
that the applicant has identified the highest and best use for the land under the SPS. However,
Council’s valuer does not agree that Office and Medical/Health Care Service are the highest and
best use under the Noosa Plan 2020. It is the external valuer’s position that the highest and best use
under the Noosa Plan 2020 is Office and Food and Drink Outlet. On this basis, the external valuer
considers that the land value associated with the highest and best use under the Noosa Plan 2020
is greater than the SPS.
The applicant’s assessment that there is a decrease in value due to the timeframe associated with
an impact assessable application is also not supported by the external valuer as the lot is within the
Page 20 of 135
Section 21
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
master planned precinct, surrounded by pre-existing commercial and retail land uses with many
consistent land uses, despite being Impact assessable, in the 2020 planning scheme. Even if it were
hypothetically agreed to apply a Present Value/discounted value approach to lot 2, the period of 12
months and the discount rate of 7.0% applied by the applicant’s valuer are excessive. The external
valuer advises that in the current market, a prudent buyer would purchase this site without approval
for built form as the risks are measurable and not so great that a purchaser would discount the value
of this lot so harshly as represented by the applicant’s valuer.
The current owner is an affected owner and in the circumstances the owner may apply for
compensation if the request is refused. However, based on a comparison of the 2 planning schemes,
that an application for the proposed development would be inconsistent with the SPS and advice
from Council’s valuer, it is not considered that the introduction of the Noosa Plan 2020 has reduced
the value of the interest in the premises.
4. CONSULTATION
4.1. Other Referrals
Not applicable
5. CONCLUSION & REASONS FOR DECISION
It is concluded that whilst the Noosa Plan 2020 differs from the Noosa Plan 2006, an application
under The Noosa Plan 2006 is unlikely to be supported by Council given the proposal is inconsistent
with the outcomes sought by the Noosa Plan 2006.
It is also noted that the applicant’s indicative assessment of comparative land values associated with
the highest and best use of the site under both the superseded planning scheme and the Noosa
Plan 2020 identifies no change in land value. The applicant’s assessment though also states there
is a decrease in present value as prospective purchasers will likely seek a 12-month settlement due
to the Noosa Plan 2020 requiring impact assessment for the relevant highest and best use. The
applicant’s valuation has been reviewed by an external consultant on behalf of Council and has
formed the opinion that the land value associated with the highest and best use under the Noosa
Plan 2020 is greater than the SPS.
Therefore, given an application under the Superseded Planning Scheme is inconsistent with the
scheme outcomes and Council’s external valuer concludes a greater value for the land under the
Noosa Plan 2020, it is recommended that the request to accept an application under the Superseded
Planning Scheme be refused.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 21 of 135
Section 22
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Attachment 1
Page 22 of 135
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Attachment 1
DEVELOPMENT APPLICATION DRAWING LIST
PROPOSED SHOWROOMS LOT 2, NOOSA CIVIC SHOWROOM PRECINCT
A-DA-0000 TITLE SHEET A 28.07.21 TJ PW i Le = SS
A-DA-0001 SITE PLAN A 27.07.21 TJ PW 6 y] pe rae Ri, rae = A
A-DA-1000 PROPOSED FLOOR PLAN A 27.07.21 TJ PW - uf ean | ae =_a = H PS Pg a —
A-DA-1001 LEVEL 1 PLAN A 27.07.21 TJ PW can’ a = ; i ES, . 3
A-DA-1002 ROOF PLAN A 27.07.21 TJ PW ES — ee
A-DA-2000 SECTION A 27.07.21 TJ PW > ss . i
A-DA-3000 ELEVATION A 28.07.21 TJ PW = ie ,
A-DA-3001 ELEVATION 2 A 28.07.21 TJ PW SS : ‘y ‘>; ’
A-DA-6001 PERSPECTIVE RENDER1 A 27.07.21 TJ PW a 7 ‘ Q’
A-DA-6002 PERSPECTIVE RENDER2 A 27.07.21 TJ PW = OO x
A-DA-6003 PERSPECTIVE RENDER3 A 27.07.21 TJ PW QB
A-DA-6004 PERSPECTIVE RENDER4 A 27.07.21 TJ PW
A-DA-6005 PERSPECTIVE RENDER5 A 27.07.21 TJ PW
SPL eNATAS Ge Reamer amestsneeent, | ye tA =
| j fetes PRECINCT - aa imag | BUCHAN
<a Eee viens. | PROPOSED SHOWROOMS LOT 2, DA
Documeht Set ID: 21574603 Tigib4 ADA-0000 “R| SRR emi
Version: 1, Version Date: 30/07/2021
Page 22 of 135Section 23
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Page 23 of 135
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
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Version: 1, Version Date: 30/07/2021
Page 23 of 135Section 24
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Page 24 of 135
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Page 25 of 135
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
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Version: 1, Version Date: 30/07/2021
Page 25 of 135Section 26
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Page 26 of 135
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
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Documeht Set 1D: 21574603 Tisiba A0A-1002 “hi, Basaran
Version: 1, Version Date: 30/07/2021
Page 26 of 135Section 27
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Page 27 of 135
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
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Version: 1, Version Date: 30/07/2021
Page 27 of 135Section 28
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Page 28 of 135
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
| NOTE a
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Set ID: 21574603 719154 ADA-3001 A +617 3650 9022 / buchangrowp.com.au
Version: 1, Version Date: 30/07/2021
Page 28 of 135Section 29
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Page 29 of 135
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
ecg Gaon,
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Docurneht Set ID: 21574603 719164 A-DA6005 “A aa ORNS
Version: 1, Version Date: 30/07/2021
Page 34 of 135Section 35
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Attachment 2
Page 35 of 135
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Attachment 2
DG:HS AASpropert
J3393 Pp Pp y
Adelaide. Brisbane. Melbourne. Sydney
m3property Australia Pty Ltd
ABN 60 153 395 405
Level 2, 15 James Street, Fortitude Valley, Old, 4006
Telephone +61 7 3620 7900
Email [email protected]
Ww. m3property.com.au
26 July 2021
Mr Joel Douglas
Development Manager
Stockwell
399 Montague Road
West End Qld 4101
Email: [email protected]
Dear Joel,
RE: ADVISORY LETTER
28 EENIE CREEK ROAD (NOOSA CIVIC - BALANCE LAND) — PART OF LOT 3 SP246584 (PROPOSED LOTS 2 & 22),
NOOSAVILLE, QLD, 4566
Instructions
We have been instructed by Stockwell, to provide an indication of the market values of the above-described property for internal reporting
purposes. The advisory letter cannot be utilised for any other purposes. We have been instructed to complete our assessment on the
following scenarios:
. Scenario 1 - Market Value of Proposed Lots 2 & 22, assuming the highest and best use subject to the Noosa Plan 2006 (as at 30
July 2020).
. Scenario 2 - Market Value of Proposed Lots 2 & 22, assuming the highest and best use subject to the Noosa Plan 2020 (as at 31
July 2020).
We have conducted a kerbside inspection of the parent parcel (11 September 2020) and have therefore relied upon the information
provided by the instructing party, which includes the following:
. Copy of the Proposed Survey Plan.
. Summary of key changes between Noosa Plan 2006 and Noosa Plan 2020 prepared by the instructing party’s town planner.
° Copy of the Infrastructure Agreement.
. Copy of the Noosa Civic Infrastructure Charges.
Our assessment of the proposed lots has been completed on the following basis:
° The proposed lots have the ability to be cleared, with the exception of the identified vegetation covenants.
° The infrastructure credits paid in 2003 are transferrable to an intending purchaser of the proposed lots.
° A sale of Proposed Lot 2 under Scenario 2 would be subject to obtaining development approval given the permitted uses.
Liability limited by a scheme approved under Professional Standards Legislation.
Document Set ID: 21593272
Version: 1, Version Date: 24/08/2021
Page 35 of 135Section 36
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
-
Page 36 of 135
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Property Description
The proposed lots form part of the balance land component which adjoins Noosa Civic which is a modern sub-regional shopping centre
anchored by a Woolworths supermarket and Big-VWV DDS. The proposed lots are located within the established Sunshine Coast suburb
of Noosaville, located approximately 137 kilometres by road north of the Brisbane CBD and approximately 7.1 kilometres by road south-
west of the Hastings Street tourist and retail precinct.
The parent parcel features a road frontage to Walter Hay Drive, Eenie Creek Road and Hoffman Drive. Based on the proposed survey
plan, the details of the proposed lots are detailed as follows:
Lot Area (m7?) Usable Site Area (m7?)
2 9,550 9,550
22 3,831 3,086
We have deducted easement areas associated with Proposed Lot 22 from the total site area. We note that a proposed development
would be able to use the easement area for access purposes.
Town Planning - 2006
Under the Noosa Plan 2006, the proposed lots were identified within a Shire Business Centre zone and within the B3 Business
(Showroom, Office & Business) precinct as part of the Shire Business Centre Map. Based on the Noosa Plan 2006, the following uses
are consistent uses, and code assessable:
. Commercial Business Type 1 Office.
. Commercial Business Type 2 Medical.
. Commercial Business Type 3 Veterinary.
. Retail Business Type 4 Showroom.
. Retail Business Type 5 Vehicle Uses.
. Retail Business Type 6 Hardware.
. Retail Business Type 7 Garden and Lifestyle Centre.
The proposed lots have a maximum building height of eight metres and a maximum plot ratio of 0.8, which provides a maximum GFA of
7,640 square metres for Proposed Lot 2 and 3,065 square metres for Proposed Lot 22.
Based on the zoning and size of the proposed lots, we consider the highest and best use of Proposed Lot 2 to be a showroom/office
development site and we consider the highest and best use of Proposed Lot 22 to be a medical development site.
Page 2
Document Set ID: 21593272
Version: 1, Version Date: 24/08/2021
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Town Planning - 2020
Under the Noosa Plan 2020, the proposed lots were identified within a Major Centre zone and Proposed Lot 2 is contained within the 5A
Business Park precinct while Proposed Lot 22 is located within the 5B Showroom precinct as part of the Noosa Business Centre
Framework and Character Plan. Based on the Noosa Plan 2020, the following uses are consistent uses however require impact
assessable development applications given the current use as vacant land:
Proposed Lot 2
Business Park Precinct- 5A
Assessment Level
Consistent Uses:
Business Activities Code Assessment Benchmarks Impact Assessment Benchmarks
Food & Drink When associated with Noosaville Local Plan Code, If not otherwise specified The planning scheme
and subordinate toan Major Centre Zone Code,
existing use. Business Activities Code, Works
Code
Office If an existing building Noosaville Local Plan Code, Ifnot otherwise specified The planning scheme
and not involving any Major Centre Zone Code,
new buildings or the Business Activities Code, Works
expansion of Code
buildings and use
area
Community Activities Code Assessment Benchmarks Impact Assessment Benchmarks
Community Care If an existing building Noosaville Local Plan Code, Ifnot otherwise specified The planning scheme
and not involving any Major Centre Zone Code,
new buildings or the Community Activities Code,
expansion of Works Code
buildings and use
area
Community Use If an existing building Noosaville Local Plan Code, Ifnot otherwise specified The planning scheme
and not involving any Major Centre Zone Code,
new buildings or the Community Activities Code,
expansion of Works Code
buildings and use
area
Educational Establishment If an existing building Noosaville Local Plan Code, If not a primary or The planning scheme
and not involving any Major Centre Zone Code, secondary school
new buildings or the Community Activities Code,
expansion of Works Code
buildings and use
area
and
not constituting a
primary or secondary
school
Emergency Services Noosaville Local Plan Code,
Major Centre Zone Code,
Community Activities Code,
Works Code
Health Care Services If an existing building Noosaville Local Plan Code, Ifnot otherwise specified The planning scheme
and not involving any Major Centre Zone Code,
new buildings or the Community Activities Code,
expansion of Works Code
buildings and use
area
Industry Activities Code Assessment Benchmarks Impact Assessment Benchmarks
Research & Technology If an existing building Noosaville Local Plan Code, If not otherwise specified The planning scheme
and not involving any Major Centre Zone Code,
new buildings or the Industry Activities Code, Works
expansion of Code
buildings and use
area
All other activities inconsistent & impact. The planning scheme
Source: Stockwell
Page 3
Document Set ID: 21593272
Version: 1, Version Date: 24/08/2021
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GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Page 38 of 135
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Proposed Lot 22
Showroom Precinct - 5B
Assessment Level
Consistent Uses:
Business Activities Code Assessment Benchmarks impact Assessment
Benchmarks
Garden Centre Any individual tenancy Noosaville Local Plan Code, Otherwise (Impact The planning scheme
>400m? Major Centre Zone Code, Assessable)
Business Activities Code,
Works Code
Hardware & Trade: Any individual tenancy Noosaville Local Plan Code, Otherwise (Impact The planning scheme
>400m? Major Centre Zone Code, Assessable)
Business Activities Code,
Works Code
Showroom Any individual tenancy A011, A013, AO16 of the Otherwise (Impact The planning scheme
>400m? and <2000m? Business Activities Code Assessable) and Retail
(Code Assessable), and Showroom for precinct
Retail Showroom for does not exceed
precinct does not 7,700m?
exceed 7,700m?
Veterinary Service Any individual tenancy Noosaville Local Plan Code, Otherwise (Impact The planning scheme
>400m? Major Centre Zone Code, Assessable)
Business Activities Code,
Works Code
Indoor Sport & Recreation Any individual tenancy Noosaville Local Plan Code, Otherwise (Impact The planning scheme
>400m? Major Centre Zone Code, Assessable)
Business Activities Code,
Works Code
All other activities inconsistent & impact. The planning scheme
Source: Stockwell
Under the Noosa Plan 2020 (Character and Framework Plan 2020) both proposed Lots 2 & 22 will be assessed as Key Corner/Gateway
sites (which was not identified under the Noosa Plan 2006). As a result, a development application would be subject to a higher level of
planning assessment than a site not identified as a Gateway Site.
The proposed lots have a maximum building height of 10 metres and a maximum plot ratio of 0.8, which provides a maximum GFA of
7,640 square metres for Proposed Lot 2 and 3,065 square metres for Proposed Lot 22.
Based on the zoning and size of the proposed lots, we consider the highest and best use of Proposed Lot 2 to be an office and
medical/health care services development site, however given the requirement to submit an impact assessable development the
proposed lot would be saleable only subject to obtaining development approval. We consider the highest and best use of Proposed Lot
22 to be an indoor sport and recreation/veterinary service development site.
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N3
Sales Evidence
Based on the intended use of the proposed lots, we have had regard to the following evidence:
Commercial Site Sales:
Property Sale Date Sale Price Site Area (m?) Site Analysis ($/m?) Approval
9 Courage Street, Sippy Downs, Qld Dec-19 $2,040,000 4,287 $476 No
5-6 Narracort Place, Oxenford, Qld Nov-19 $5,350,000 10,570 $506 Yes
42-44 Central Drive, Sippy Downs, Qld Jul-19 $2,100,000 3,716 $565 No
21 Sidoni Street, Tewantin, Qld May-19 $755,000 809 $933 No
5 Miles Platting Road, Eight Mile Plains, Qld Feb-19 $1,877,090 2,503 $750 Yes
209 Robina Town Centre Drive, Robina, Qld Jan-19 $7,275,000 9,790 $743 No
264 Nicklin Way, Warana, Qld Nov-18 $5,700,000 6,946 $821 Yes
265 Scottsdale Drive, Robina, Qld Jul-18 $2,750,000 3,005 $915 No
95-105 Dalton Drive, Maroochydore, Qld May-18 $5,000,000 6,547 $764 No
Mawson Street, Sippy Downs, Old Apr-18 $3,100,000 4,486 $691 No
18 Campus Crescent, Robina, Qld Apr-18 $2,636,840 2,621 $1,006 No
Medical Site Sales:
Property Sale Date Sale Price Site Area(m?) Site Analysis ($/m?: Approval
127 Queen Street, Southport, Qid Dec-19 $1,400,000 1,222 $1,146 No
Cnr Eccles and Florey Boulevard, Birtinya, Qld Nov-19 $3,600,000 3,600 $1,000 No
18 Kalinga Street, Caloundra, Qld Oct-19 $3,000,000 2,428 $1,236 Yes
2 Urban Village Way, Coomera, Qld Sep-19 $2,400,000 5,791 $414 Yes
3 South Sea Islander Way, Maroochydore, Qld Mar-19 $1,760,000 1,407 $1,251 No
Mawson Street, Sippy Downs, Qld Apr-18 $3,100,000 4,486 $691 No
Indoor Sport and Recreation Site Sales:
Property Sale Date Sale Price Site Area (m?) Site Analysis ($/m?)
71 Foxwell Road, Coomera Apr-20 $2,500,000 5,630 $444
Commercial Circuit, Jimboomba Dec-19 $1,386,500 5,546 $250
59 Stapylton Street, North Lakes Sep-19 $1,602,047 4,221 $380
49 Stapylton Street, North Lakes Jun-19 $1,400,000 4,000 $350
60 Gateway Drive, Noosaville, Qld Jun-19 $725,000 1,460 $497
467-473 Stafford Road, Stafford Jan-19 $1,200,000 Qaer $551
26-28 Lionel Donovan Drive, Noosaville, Qld Jan-18 $2,575,000 4,950 $520
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Valuation Considerations
We have had regard to the following attributes in determining an appropriate rate per square metre for the proposed lots:
. The proposed lots are located within the established suburb of Noosaville, located approximately 137 kilometres by road north of
the Brisbane CBD and 7.1 kilometres by road south-west of the Hastings Street tourist and retail precinct. Surrounding
development comprises industrial uses, residential dwellings, Noosa National Park and the Noosa Civic sub-regional shopping
centre, which is located immediately to the west.
° The proposed lots are located within easy access to main roads with the parent parcel having frontage to Walter Hay Drive, Eenie
Creek Road and Hoffmann Drive.
. Proposed Lots 2 and 22 will be located at the entrance of the Noosa Civic Shopping Centre and will receives good exposure to
passing traffic.
. The proposed lots vary in size from 3,831 square metres to 9,550 square metres and are generally near level.
. In regard to Proposed Lot 22, the lot will be encumbered by a 745 square metre access easement which provides access to the
adjoining allotments, however access for a proposed development will also be gained via the same easement. We have therefore
applied a 50% discount to the easement area associated with Proposed Lot 22.
. The proposed lots are subject to an Infrastructure Agreement between Noosa Shire Council and Mirose Pty Ltd dated 3 October
2003. The infrastructure agreement related to the original approval for Noosa Civic where 12.63 hectares of open space was
dedicated with a further 2.39 hectares maintained as private open space, as well as the upgrade of Eenie Creek Road and
associated roadworks. The Infrastructure Agreement states that any applications for development approvals in respect to future
stages shall be immune from conditions requiring. We note that the Infrastructure Agreement states that the infrastructure charges
are transferrable to an incoming purchaser, however do not include water and sewerage charges.
Valuation Calculations — Scenario 1 (Noosa Plan 2006)
Based on the available evidence, we have assessed the following values for the proposed lots:
Lot Area Usable Site Area Assessed Rates Low Range High Range Mid-Range Adopt
2 9,550 9,550 $700 $750 $6,685,000 $7,162,500 $6,923,750 $6,925,000
22 3,831 3,086 $950 $1,050 $3,285,575 $3,501,050 $3,393,313 $3,400,000
In regard to Proposed Lot 22 we have applied a 50% discount to the above adopted rate per square metre range for the easement area.
Based on the above we have adopted a combined value of $10,325,000 for Proposed Lots 2 & 22.
Valuation Calculations — Scenario 2 (Noosa Plan 2020)
Based on the available evidence, we have assessed the following values for the proposed lots:
Lot Area Usable Site Area Assessed Rates Low Range High Range Mid-Range Adopt
2 9,550 9,550 $700 $750 $6,685,000 $7,162,500 $6,923,750 $6,925 ,000**
22 3,831 3,086 $500 $550 $1,729,250 $1,902,175 $1,815,713 $1,820,000
In regard to Proposed Lot 22 we have applied a 50% discount to the above adopted rate per square metre range for the easement area.
**In regard to proposed Lot 2, any purchaser would need to obtain development approval for a showroom/office development given the
zoning requires an impact assessable development application to be submitted and any settlement would most likely be subject to this.
As a result, there would be an increased timeframe associate with settlement with most buyers requiring 12-months for obtaining
development approval.
We have therefore undertaken a present value calculation of the Scenario 1 assessment of Proposed Lot 2 for a 12-month period utilising
a 7.00% rate and the resultant value is $6,471,963. We have therefore adopted a rounded value of $6,470,000 for internal reporting
purposes.
Based on the above we have adopted a combined value of $8,290,000 for Proposed Lots 2 & 22.
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Summary
At this stage we have not conducted a formal valuation of the subject property and the indicative assessments should be considered a
preliminary view, subject to further investigations being undertaken. The estimates have been formulated on a number of critical
assumptions which have not been independently verified.
This advice is for the private and confidential use of the client and for the specific purpose for which it has been requested. No third
parties are entitled to use or rely on this report in any way and neither the writer nor m3property have any liability to any third party who
does. This advice cannot be used for mortgage security purposes.
We trust that this advice meets your requirements, however if you have any concerns or comments please do not hesitate to contact our
office.
Yours sincerely
m3property
Duane Gilliland
Director - Retail
duane. [email protected]
Due fo possible changes in market conditions and other circumstances this report can only be regarded as relevant at the date of assessment.
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GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
9 SPS21/0291 – REQUEST TO APPLY SUPERSEDED PLANNING SCHEME –
COMMERCIAL BUSINESS TYPE 1 OFFICE AND TYPE 2 MEDICAL AT 28 EENIE CREEK
ROAD, NOOSAVILLE (LOT 22)
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/ SPS21/0291
Attachments 1. Proposal Plans
2. Applicant’s Valuation
3. Council’s External
Consultant’s Valuation Confidential pursuant to the Local Government
Regulation 2012 section 254J (3) (e) – legal proceedings that may be taken
by or against the Council and 245J (3) (f) – commercial matter involving the
Council where disclosure would be likely to prejudice the interests of Council.
(163 Page attachment separate to this agenda).
APPLICATION DETAILS
Application No. SPS21/0291
Applicant Stockwell NC Pty Ltd
Request Received On 30 July 2021
PROPERTY DETAILS
Property Address Noosa Civic
28 Ennie Creek Road, Noosaville 4566
RP Description Lot 3 SP 246584 (Approved Lot 22)
Land Area 31.73ha
Existing Use of Land Noosa Civic
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Planning Scheme Noosa Plan 2006 Noosa Plan 2020
Locality Noosaville Noosaville Local Plan Area
Zone Shire Business Centre Major Centre Zone
Precinct B3 (Showroom, Office and Business) Showroom Precinct
Overlays Biodiversity Overlay Acid Sulfate Soils Overlay
- Enhance or Protect - Above 5 metres to 20
Natural Hazard Overlay metres AHD
- Acid Sulfate Soils: 5 - 20m AHD
Assessment Type All consistent uses subject to Code assessment Inconsistent uses subject to
Impact assessment
RECOMMENDATION
That Council note the report by the Coordinator Planning to the General Committee Meeting dated
13 September 2021 regarding Application No SPS21/0291 for a Request for Superseded Planning
Scheme - Commercial Business Type 1 Office and Commercial Business Type 2 Medical at 28 Eenie
Creek Road, Noosaville and agree to accept the application under the Superseded Planning
Scheme.
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6. PROPOSAL
The applicant seeks that the Council agree to a request to accept an application for Material Change
of Use for Commercial Business Type 1 Office, and Commercial Business Type 2 Medical on
approved lot 22 under the superseded planning scheme (SPS), being the Noosa Plan 2006.
Section 29(4) of the Planning Act 2016 states:
A person may, within 1 year after the planning scheme and related policies become a
superseded planning scheme, make a superseded planning scheme request in relation to the
superseded planning scheme.
This application has been made within one year of the commencement of the Noosa Plan 2020, with
the Noosa Plan 2020 having commenced on 31 July 2020.
Agreement to the SPS request does not mean that the proposed development is approved, as a
code assessable application is still required for the proposed development under the Superseded
Planning Scheme.
The current application includes material which would be included in a development application
should the SPS request be accepted.
This material includes:
Draft architectural plans;
Town planning report;
Draft landscape concept plans;
Draft civil engineering report;
Draft stormwater management plan engineering report; and
Draft traffic report and swept path diagrams;
It is proposed to construct a two storey building, including two basement levels of car parking, with
a proposed gross floor area of 2,207m2. The applicant has not provided a breakdown of the gross
floor area attributed to each of the proposed uses.
A copy of the proposal plan and a Locality Plan are detailed below:
Figure 1: Proposed site plan
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Figures 2 and 3: Basement levels
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Figure 4: Proposed first floor plan
Figure 5: Proposed first floor plan
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Figure 6: Elevations
Figure 7: Cross section
Figure 8: Architectural render
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Figure 9: Locality Plan
Figure 10: Locality Plan
7. SITE DETAILS
7.1. Background
The intended form for the development of the site was originally identified through a master plan
process nominated by the 1997 Strategic Plan. Master plans were developed in consultation with
the owners of the site, various external consultants and the community to achieve the aim of the
Strategic Plan and to inform the development of the Noosa Plan. When the Noosa Plan was created
in 2006 it captured MP2 via the inclusion of various provisions under the Noosaville Locality Code
and the current master plan within the Noosa Plan 2006 known as the Shire Business Centre precinct
map (see figure 14).
The site has partly been developed with the Noosa Civic established in October 2006 as Stage 1.
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Stage 1 involved the establishment of a discount department store-based shopping centre of
approximately 23,900m2 gross floor area, along with 7,000m2 gross floor of retail showrooms, a
service station and 4,925m2 gross floor area of commercial office space. As part of the approval for
Stage 1, Lot 3 SP182845 was dedicated as open space to the State.
In 2003, the applicant entered into an Infrastructure Agreement which in part provided for
infrastructure items to be provided by the applicant for the existing and future development of the
land in total. The agreement also included dedication of land as road reserve and for public open
space purposes. Furthermore, the agreement provided that there would be no requirement for
contributions to be paid (by way of conditions imposed on any application) nor pay infrastructure
charges associated with the future development of the land provided that the intensity of
development of a future stage did not exceed that envisaged by MP2.
A Stage 2 development was approved by Council in 2008 and comprised four office buildings with a
combined gross floor area of 7,701m2. This development never proceeded and has since lapsed.
A development application for a major shopping centre expansion proposal was lodged with Noosa
Council in 2007 and ultimately decided by Sunshine Coast Council. The development was referred
to as Noosa Civic Stage 3 and involved a 41,050m2 expansion to the existing shopping centre,
comprising 35,850m2 of additional retail floor space and 5,200m2 of commercial office space. The
development’s location occupied most of SBC Precinct E1 and extended further to the east toward
Walter Hay Drive and occupied most of Precinct E6.
Sunshine Coast Council refused the application at its Ordinary Meeting of 4 June 2009. The decision
was appealed by the applicant (Planning & Environment Court appeal ref. 182/09) and a number of
parties elected to become co-respondents to defending the appeal. The case proceeded to trial but
the appellant subsequently discontinued the appeal in May 2011 partway through the trial. The
applicant and owner at the time subsequently sold the site to QIC early in 2012.
A further application for a major expansion of the shopping centre was lodged by QIC with Council
in January 2015. The application sought approval for a major expansion of the Noosa Civic shopping
centre involving 32,525m2 of additional floor area and 22,870m2 of gross leasable area, 66 new
commercial tenancies, comprising 2 supermarkets, a discount department store, specialty stores,
food outlets and restaurants. The expansion was proposed at the eastern end of the existing
shopping centre, where the existing food court is located. Some reconfiguration of that end of the
existing centre was also proposed. Notably the application included contributions to offset the loss
of koala habitat at the time.
Noosa Council refused the application at its Ordinary Meeting on 24 September 2015 citing 10
reasons. An appeal was lodged with the Planning and Environment Court on 23 October 2015 by
the applicant. The Planning and Environment Court upheld Council’s refusal on 16 December 2016
with the judgement concluding that that the combination of conflicts outweighed the grounds
advanced by the appellant, including:
(vii) the negative traffic implications;
(viii) the likely negative outcomes for the intended “Civic” area;
(ix) the bulk and scale of the proposed development insofar as it could result in more intensive
development and that it does not enhance or form an extension of OS7/ Covenant J;
(x) the likely overestimation of the need for and the extent and variety of speciality shops;
(xi) the likely negative impacts on the Noosa Junction Centre; and
(xii) the substantive conflict between long term proposed use and mix of uses intended for the SBC,
at its centre or core.
On 20 February 2020, Council, at its Ordinary meeting resolved to refuse an application to
reconfigure 1 lot into 23 lots. As a result of Council’s decision to refuse the subdivision, the applicant
lodged an appeal to the Planning & Environment Court. During the course of the appeal a series of
without prejudice meetings were held, which resulted in a negotiated settlement on 3 September
2020 which allowed for 1 into 23 lot reconfiguration to proceed subject to conditions.
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7.2. Site Description
The site is part of Lot 3 SP 246584 located at 28 Eenie Creek Road, Noosaville. The lot is irregularly
shaped and approximately 31.73ha in area. The following image is of the current title:
Figure 11 – Current title
The site has frontages to Eenie Creek Road (approximately 730m) and Walter Hay Drive
(approximately 1,030m), which both form part of the major road network identified by The Noosa
Plan. Neither of the roads are State controlled. Vehicular access to the site is currently provided from
Eenie Creek Road, Walter Hay Drive and Hofmann Drive, with both intersections functioning as
roundabouts. An additional roundabout intersection has been constructed on Walter Hay Drive at
the southern end of the site in anticipation of future development. Pedestrian and cyclist access to
the site is primarily provided via a path from the Eenie Creek Road frontage, with pedestrian/cycle
tunnels constructed under both Eenie Creek Road and Walter Hay Drive. The site is within a few
kilometres of secondary activity centres at Tewantin, Noosaville and Noosa Junction. The Noosaville
industrial estate is located to the immediate west of the site, with a large retirement village located
to the north, with the North Weyba section of the Noosa National Park and Lake Weyba to the east.
At a regional scale, the site is located approximately 27km north of Maroochydore, the primary
activity centre.
The proposed development is situated on Lot 22 of the recently approved reconfiguration. A plan
seal application has not been lodged, with the works required for the subdivision currently under
construction and accordingly the lot is yet to be created. The following image details the approved
reconfiguration layout.
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GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Figure 12 – Approved reconfiguration plan
2.3 Surrounding Land Uses
The Noosaville industrial estate is adjacent the site to the west, with Rene Street extending into the
SBC and connecting to Hofmann Drive. The estate contains a broad mix of industrial and business
uses. Adjacent lots within the SBC to the west and south west of the site fronting Hofmann Drive
and Rene Street have been developed for warehousing, storage, distribution, manufacturing and
trade showroom uses. Lionel Donovan Drive is to the north of the site, across Eenie Creek Road,
and is predominantly developed for motor vehicle sales businesses and complementary industrial
business uses. Noosa Domain retirement village is north of the site across Eenie Creek Road.
Substantial open space and conservation lands containing remnant vegetation are adjacent the site
to the south and east and conserved in National Park or Environmental Reserve, with Eenie Creek
approximately 500m to the south flowing to Lake Weyba 1.5km to the southeast.
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8. ASSESSMENT
8.1. Superseded Planning Scheme Request
Under the Planning Act 2016 a person may within 1 year after commencement of the Noosa Plan
2020, make a SPS request.
A SPS request is a written request to Council:
To accept, assess and decide a development application under a superseded planning
scheme; or
To apply a superseded planning scheme to a development that was accepted development
(no approval required).
Under the Planning Regulation 2017, Council must decide whether or not to agree to a SPS request
within 30 business days after the request is received, which may be extended where the applicant
agrees in writing before the period ends. If no decision is made by Council within the required time
frame, the Council is taken to have agreed to the SPS request.
If the Council decides to agree or is taken to have agreed to the request, the superseded planning
application must be made within 6 months to Council or where the proposal is accepted development
under the SPS commence the use within 6 years of the Decision Notice being given.
8.2. Planning Schemes
The site is located in the Noosaville Locality and is zoned Shire Business Centre Zone under the
SPS. Under the SPS the proposed development requires a code assessable development
application.
In comparison under The Noosa Plan 2020, the site is zoned Major Centre and located within the
Showroom Precinct. An application to develop the land in accordance with the applicant’s proposal
would be impact assessable.
The following table details the level of assessment applicable to the proposed uses under the Noosa
Plan 2006 and the Noosa Plan 2020.
Land use Level of assessment Level of assessment
Noosa Plan 2006 Noosa Plan 2020
Commercial Business Type Consistent - code assessable Inconsistent – impact assessable
1 Office
Commercial Business Type Consistent - code assessable Inconsistent – impact assessable
2 Medical
The subject site is also identified by the SPS’s Biodiversity Overlay and Natural Hazard Overlay. An
application to develop the site would be required to address the requirements associated with these
overlays and the Engineering Works Codes, including the Water Sensitive Design Code.
Under the Noosa Plan 2020 the site is mapped by the Acid Sulfate Soils Overlay, notably the
proposal does not trigger the Biodiversity, Waterways and Wetlands Overlay Code.
The following images detail the zoning of the site and surrounding area under both the superseded
and Noosa Plan 2020.
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Figure 13 – Land Zoning (Noosa Plan 2006)
Figure 14 – Shire Business Centre precincts (Noosa Plan 2006)
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Figure 15 – Land Zoning (Noosa Plan 2020)
Figure 16 – Noosa Business Centre Precincts (Noosa Plan 2020)
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The primary difference between the superseded and the current planning schemes is that the
proposed uses are no longer consistent uses requiring a code assessable application. Under the
Noosa Plan 2020 the proposed uses are inconsistent uses requiring impact assessment.
The SPS and the Noosa Plan also differ in that an additional 700m2 of showroom, and indoor sport
and recreation is now supported on lot 22 by the Noosa Plan 2020, with service stations made
inconsistent.
This is set out in the following table which details the assessment benchmarks which determine the
sites potential yield under both the Noosa Plan 2006 and the Noosa Plan 2020.
Noosa Plan 2006 Noosa Plan 2020
Zoning Shire Business Centre Major Centre
Precinct B3 Showroom Precinct
Applicable Overlays Biodiversity Overlay Acid Sulfate Soils Overlay
- Enhance or Protect - Above 5 metres to 20 metres AHD
Natural Hazard Overlay
- Acid Sulfate Soils: 5 - 20m AHD
Consistent Uses for Commercial business Type 1 Office Garden Centre
zone Commercial business Type 2 Medical Hardware and Trade Supplies
Commercial business Type 3 Showroom
Veterinary Veterinary Service
Retail business Type 4 Showroom Indoor Sport and Recreation
Retail business Type 5 Vehicle
Retail business Type 6 Hardware
Retail business Type 7 Garden and
Lifestyle Centre
Plot Ratio/Site Cover O6 The site cover, gross floor area PO5 The site cover and plot ratio of
and plot ratio of buildings and other buildings and other roofed structures:
roofed structures— 5. is of a scale that is
a) results in a building scale that is compatible with surrounding
compatible with surrounding development;
development; 6. does not present an
b) does not present an appearance of appearance of bulk to
excessive bulk to adjacent properties, adjacent properties, roads or
roads or other areas in the vicinity of other areas in the vicinity of
the site; the site;
c) maximises the retention of existing 7. maximises the retention of
vegetation and allows soft existing vegetation and allows
landscaping between buildings; for additional soft
landscaping between
buildings;
8. facilitates onsite stormwater
management and
vehicular access;
Plot Ratio: 0.8:1
Plot ratio: 0.8:1
Site are = 3,116m2
Site are = 3,116m2
Allowable plot ratio = 2,493m 2
Allowable plot ratio = 2,493m 2
Height 2 storeys / 8 metres 3 storeys
12 metres for that portion of the site
within 50 metres of the frontage
otherwise 10 metres (Gateway site)
Setbacks Premises adjoining the internal loop 4 metres for the ground and
road: 6m from that road for the 1st second storey and 8 metres for the
and 2nd storey and 9m from that road third storey,
for the 3rd storey Other boundaries 0m
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Noosa Plan 2006 Noosa Plan 2020
Car parking Commercial business Type 1 Office Garden Centre
1 space per 20m2, or part thereof, of One space per 60m² of use area; or
use area; OR five spaces whichever is the greater
1 space per 2 employees whichever
is the greater. Hardware and Trade Supplies
A minimum of 4 spaces are provided One space per 50m² of use area
Commercial business Type 2 Medical Showroom
1 space per 20m2, or part thereof, of One space per 50m²
use area; OR
3 spaces per medical practitioner
Veterinary Service
whichever is the greater.
One space per 20m²
Commercial business Type 3
Veterinary Indoor Sport and Recreation
1 space per 20m2, or part thereof, of One space per 20m 2
gross floor area; OR
3 spaces per veterinarian whichever
is the greater.
Retail business Type 4 Showroom
1 space per 50m2 or part thereof of
use area.
Retail business Type 5 Vehicle
For Service Station - 4 spaces per
service bay, with a minimum of 5
spaces provided.
For Vehicle Hire Premises - 1 space
per 3 vehicles, or part thereof,
available for hire (These spaces may
be arranged in a tandem layout);
AND
1 wash bay
Retail business Type 6 Hardware
1 space per 60m2 or part thereof of
use area; AND
queuing room for 8 vehicles in any
drive in/through loading bay.
Retail business Type 7 Garden and
Lifestyle Centre
1 space per 60m2 or part thereof of
use area, with a minimum of 5 spaces
provided.
The following table demonstrates that the built form of the proposed development is generally
compliant with the quantitative assessment benchmarks of both the SPS and the Noosa Plan 2020
with the exception of the maximum allowable height under the SPS though it is noted that there is
limited landscaping on site.
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GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Relevant Noosa Plan 2006 Complies Noosa Plan 2020 Complies
assessment
benchmarks
Height: 8 metres max x 12 metres for that
portion of the site within
50 metres of the
frontage otherwise 10
metres
(Gateway site)
Storeys: 2 storeys max 3 storeys
(Gateway site)
Plot ratio: 0.8:1 0.8:1
8.3. Potential for Compensation
Under the Planning Act 2016 a person who was the owner of the premise when The Noosa Plan
2020 commenced (referred to in the Act as an affected owner), may make a claim for compensation
where:
the planning scheme change reduces the value of an interest in premises (referred to in the
Act as an adverse planning change);
The request to apply the superseded planning scheme is refused;
Where the development is assessable under the Superseded Planning Scheme, the
application is made and refused, approved with conditions or approved in part; or
Where the adverse change is a public purpose change.
However, pursuant to s30(4) of the Act an adverse planning change does not include a planning
change that:
(a) has the same effect as another statutory instrument, other than a TLPI, for which compensation
is not payable; or
(b) is made to comply with the regulated requirements; or
(c) includes infrastructure in a planning scheme, or removes or changes the infrastructure shown
in a planning scheme, including under a designation; or
(d) is about matters included in a LGIP; or
(e) is made—
(i) to reduce a material risk of serious harm to persons or property on the premises from natural
events or processes (bush fires, coastal erosion, flooding or landslides, for example); and
(ii) under a provision of the Minister’s rules that applies specifically to the making of a planning
change to reduce the risk; or
(f) is about the relationships between, the location of, or the physical characteristics of, buildings,
works or lots, if the yield achievable is not substantially different from the yield achievable
before the change; or
(g) is made under section 276(1)(c) to identify all or part of a local government area as a party
house restriction area
Notably for (f) above, the yield achievable is not substantially different from the yield achievable
before the change, in relation to building work for a residential building, if the gross floor area of the
residential building - (a) is not more than 2,000m2; and (b) is reduced by not more than 15%.
The applicant maintains that the changes are adverse planning changes which have reduced the
value of an interest in the premises and that refusal to apply the SPS to a development application
may trigger claims for compensation. It is the applicant’s position, supported by an indicative
assessment provided by a valuer, that the highest and best use of the site under the Noosa Plan
Page 56 of 135
Section 57
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
2006 is a medical centre. Whilst under the Noosa Plan 2020 it is an indoor sport and
recreation/veterinary service. The indicative assessment identifies a difference between the highest
and best use under the Noosa Plan 2006 and Noosa Plan 2020 with the Noosa Plan 2006 offering
the better outcome.
The proposal has been reviewed by an external valuer on behalf of Council who advises that the
highest and best use of the site is office/medical which are consistent code assessable uses under
the SPS compared to what could be achieved under the Noosa Plan 2020. On this basis, the external
valuer considers that the land value associated with the highest and best use under the SPS is
greater than the Noosa Plan 2020.
The current owner is an affected owner and in the circumstances the owner may reasonably apply
for compensation if the request is refused.
9. CONSULTATION
9.1. Other Referrals
Not applicable
10. CONCLUSION & REASONS FOR DECISION
The Noosa Plan 2020 affects the potential development potential of the site as commercial business
uses including Office and Medical are no longer consistent code assessable uses. Both uses are
inconsistent impact assessable under the Noosa Plan 2020. Whilst the Noosa Plan 2020 allows for
an additional 700m2 of additional Showroom gross floor area it does not fully offset the amount of
gross floor area for Office and Medical which could be achieved under the Noosa Plan 2006.
The application material has been supported by a preliminary comparison of the land values
associated with the highest and best uses that can be achieved under the superseded planning
scheme as compared to the Noosa Plan 2020. An independent valuation for Council generally
concurs with the assessment undertaken by the applicant’s valuer. In this regard, there is a
difference between the highest and best use under the Noosa Plan 2006 and Noosa Plan 2020 with
the Noosa Plan 2006 offering the better outcome in the 2 valuer’s assessments.
It is also noted that the applicant’s proposal would likely be supported under the SPS subject to a
detailed assessment being undertaken of the site layout and built form requirements. For these
reasons, it is recommended that the request to accept an application under the Superseded Planning
Scheme be agreed to.
It is noted that the owner may reasonably apply for compensation if the request is refused.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 57 of 135
Section 58
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Attachment 1
Page 58 of 135
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Lot 22, part of Lot 3/ SP 246584 Proposed Details:
Class:
Building Class 5 (office)
Building Class Ga (medical) TBC
te Area's Via i i
a . Po ee.
Land Area: 3,831m2 i
083! Cov 715m2 \ or ZA
Easement AB 745m2 \ - —— ae
Land for Dev: 2,371m2 x A, er | ~
Plot Ratio: 08 rl eee
Max GFA: 3,085m2 “e | |
a a a a ‘
Proposed GFA's: Ww % g é |
Ground: 4,119m2 : OS j j
First: 4,088m2 \. \ N |
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Total: 2,207m2 . \ \ fs" /
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Parking: 3 \ ' of | ‘
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Basement 2: 48 . \ ENT AB | a7
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Ground: 13 (+ emergency services bay TBC) . i\ ze |
MiBikes: 46 (counts as 4 cars) \ee \\ j
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Cars required 2,207m2/20= 110 eh / |
MWibikes required: TBC based on use area \ eZ !
Bicycles achieved: 14 - V4 |
Bicycles required: 13 (1/50m2 up to 500 then 4 for every 500) \ v :
Landscaped Area: 1,238m2 (32%) A I¢ ! |
Requirec: 575m2 (15%) . |
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Page 58 of 135Section 59
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Page 59 of 135
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
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Page 65 of 135Section 66
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Page 69 of 135
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
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Page 69 of 135Section 70
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Page 70 of 135Section 71
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Attachment 2
Page 71 of 135
GENERAL COMMITTEE MEETING AGENDA 13 SEPTEMBER 2021
Attachment 2
DG:HS AASpropert
J3393 P P y
Adelaide. Brisbane. Melbourne. Sydney
m3property Australia Pty Ltd
ABN 60 153 395 405
Level 2, 15 James Street, Fortitude Valley, Qld, 4006
Telephone +61 7 3620 7900
Email [email protected]
www .m3property.com.au
26 July 2021
Mr Joel Douglas
Development Manager
Stockwell
399 Montague Road
West End Qld 4101
Email: [email protected]
Dear Joel,
RE: ADVISORY LETTER
28 EENIE CREEK ROAD (NOOSA CIVIC —- BALANCE LAND) — PART OF LOT 3 SP246584 (PROPOSED LOTS 2 & 22),
NOOSAVILLE, QLD, 4566
Instructions
We have been instructed by Stockwell, to provide an indication of the market values of the above-described property for internal reporting
purposes. The advisory letter cannot be utilised for any other purposes. We have been instructed to complete our assessment on the
following scenarios:
. Scenario 1 - Market Value of Proposed Lots 2 & 22, assuming the highest and best use subject to the Noosa Plan 2006 (as at 30
July 2020).
° Scenario 2 - Market Value of Proposed Lots 2 & 22, assuming the highest and best use subject to the Noosa Plan 2020 (as at 31
July 2020).
We have conducted a kerbside inspection of the parent parcel (11 September 2020) and have therefore relied upon the information
provided by the instructing party, which includes the following:
. Copy of the Proposed Survey Plan.
° Summary of key changes between Noosa Plan 2006 and Noosa Plan 2020 prepared by the instructing party's town planner.
° Copy of the Infrastructure Agreement.
° Copy of the Noosa Civic Infrastructure Charges.
Our assessment of the proposed lots has been completed on the following basis:
° The proposed lots have the ability to be cleared, with the exception of the identified vegetation covenants.
° The infrastructure credits paid in 2003 are transferrable to an intending purchaser of the proposed lots.
° A sale of Proposed Lot 2 under Scenario 2 would be subject to obtaining development approval given the permitted uses.
Liability limited by a scheme approved under Professional Standards Legislation.
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Property Description
The proposed lots form part of the balance land component which adjoins Noosa Civic which is a modern sub-regional shopping centre
anchored by a Woolworths supermarket and Big-VWV DDS. The proposed lots are located within the established Sunshine Coast suburb
of Noosaville, located approximately 137 kilometres by road north of the Brisbane CBD and approximately 7.1 kilometres by road south-
west of the Hastings Street tourist and retail precinct.
The parent parcel features a road frontage to Walter Hay Drive, Eenie Creek Road and Hoffman Drive. Based on the proposed survey
plan, the details of the proposed lots are detailed as follows:
Lot Area (m7?) Usable Site Area (m7?)
2 9,550 9,550
22 3,831 3,086
We have deducted easement areas associated with Proposed Lot 22 from the total site area. We note that a proposed development
would be able to use the easement area for access purposes.
Town Planning - 2006
Under the Noosa Plan 2006, the proposed lots were identified within a Shire Business Centre zone and within the B3 Business
(Showroom, Office & Business) precinct as part of the Shire Business Centre Map. Based on the Noosa Plan 2006, the following uses
are consistent uses, and code assessable:
. Commercial Business Type 1 Office.
. Commercial Business Type 2 Medical.
. Commercial Business Type 3 Veterinary.
. Retail Business Type 4 Showroom.
. Retail Business Type 5 Vehicle Uses.
. Retail Business Type 6 Hardware.
. Retail Business Type 7 Garden and Lifestyle Centre.
The proposed lots have a maximum building height of eight metres and a maximum plot ratio of 0.8, which provides a maximum GFA of
7,640 square metres for Proposed Lot 2 and 3,065 square metres for Proposed Lot 22.
Based on the zoning and size of the proposed lots, we consider the highest and best use of Proposed Lot 2 to be a showroom/office
development site and we consider the highest and best use of Proposed Lot 22 to be a medical development site.
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Town Planning - 2020
Under the Noosa Plan 2020, the proposed lots were identified within a Major Centre zone and Proposed Lot 2 is contained within the 5A
Business Park precinct while Proposed Lot 22 is located within the 5B Showroom precinct as part of the Noosa Business Centre
Framework and Character Plan. Based on the Noosa Plan 2020, the following uses are consistent uses however require impact
assessable development applications given the current use as vacant land:
Proposed Lot 2
Business Park Precinct- 5A
Assessment Level
Consistent Uses:
Business Activities Code Assessment Benchmarks Impact Assessment Benchmarks
Food & Drink When associated with Noosaville Local Plan Code, If not otherwise specified The planning scheme
and subordinate toan Major Centre Zone Code,
existing use. Business Activities Code, Works
Code
Office If an existing building Noosaville Local Plan Code, Ifnot otherwise specified The planning scheme
and not involving any Major Centre Zone Code,
new buildings or the Business Activities Code, Works
expansion of Code
buildings and use
area
Community Activities Code Assessment Benchmarks Impact Assessment Benchmarks
Community Care If an existing building Noosaville Local Plan Code, Ifnot otherwise specified The planning scheme
and not involving any Major Centre Zone Code,
new buildings or the Community Activities Code,
expansion of Works Code
buildings and use
area
Community Use If an existing building Noosaville Local Plan Code, Ifnot otherwise specified The planning scheme
and not involving any Major Centre Zone Code,
new buildings or the Community Activities Code,
expansion of Works Code
buildings and use
area
Educational Establishment If an existing building Noosaville Local Plan Code, If not a primary or The planning scheme
and not involving any Major Centre Zone Code, secondary school
new buildings or the Community Activities Code,
expansion of Works Code
buildings and use
area
and
not constituting a
primary or secondary
school
Emergency Services Noosaville Local Plan Code,
Major Centre Zone Code,
Community Activities Code,
Works Code
Health Care Services If an existing building Noosaville Local Plan Code, Ifnot otherwise specified The planning scheme
and not involving any Major Centre Zone Code,
new buildings or the Community Activities Code,
expansion of Works Code
buildings and use
area
Industry Activities Code Assessment Benchmarks Impact Assessment Benchmarks
Research & Technology If an existing building Noosaville Local Plan Code, If not otherwise specified The planning scheme
and not involving any Major Centre Zone Code,
new buildings or the Industry Activities Code, Works
expansion of Code
buildings and use
area
All other activities inconsistent & impact. The planning scheme
Source: Stockwell
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Proposed Lot 22
Showroom Precinct - 5B
Assessment Level
Consistent Uses:
Business Activities Code Assessment Benchmarks impact Assessment
Benchmarks
Garden Centre Any individual tenancy Noosaville Local Plan Code, Otherwise (Impact The planning scheme
>400m? Major Centre Zone Code, Assessable)
Business Activities Code,
Works Code
Hardware & Trade: Any individual tenancy Noosaville Local Plan Code, Otherwise (Impact The planning scheme
>400m? Major Centre Zone Code, Assessable)
Business Activities Code,
Works Code
Showroom Any individual tenancy A011, A013, AO16 of the Otherwise (Impact The planning scheme
>400m? and <2000m? Business Activities Code Assessable) and Retail
(Code Assessable), and Showroom for precinct
Retail Showroom for does not exceed
precinct does not 7,700m?
exceed 7,700m?
Veterinary Service Any individual tenancy Noosaville Local Plan Code, Otherwise (Impact The planning scheme
>400m? Major Centre Zone Code, Assessable)
Business Activities Code,
Works Code
Indoor Sport & Recreation Any individual tenancy Noosaville Local Plan Code, Otherwise (Impact The planning scheme
>400m? Major Centre Zone Code, Assessable)
Business Activities Code,
Works Code
All other activities inconsistent & impact. The planning scheme
Source: Stockwell
Under the Noosa Plan 2020 (Character and Framework Plan 2020) both proposed Lots 2 & 22 will be assessed as Key Corner/Gateway
sites (which was not identified under the Noosa Plan 2006). As a result, a development application would be subject to a higher level of
planning assessment than a site not identified as a Gateway Site.
The proposed lots have a maximum building height of 10 metres and a maximum plot ratio of 0.8, which provides a maximum GFA of
7,640 square metres for Proposed Lot 2 and 3,065 square metres for Proposed Lot 22.
Based on the zoning and size of the proposed lots, we consider the highest and best use of Proposed Lot 2 to be an office and
medical/health care services development site, however given the requirement to submit an impact assessable development the
proposed lot would be saleable only subject to obtaining development approval. We consider the highest and best use of Proposed Lot
22 to be an indoor sport and recreation/veterinary service development site.
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N3
Sales Evidence
Based on the intended use of the proposed lots, we have had regard to the following evidence:
Commercial Site Sales:
Property Sale Date Sale Price Site Area (m?) Site Analysis ($/m?) Approval
9 Courage Street, Sippy Downs, Qld Dec-19 $2,040,000 4,287 $476 No
5-6 Narracort Place, Oxenford, Qld Nov-19 $5,350,000 10,570 $506 Yes
42-44 Central Drive, Sippy Downs, Qld Jul-19 $2,100,000 3,716 $565 No
21 Sidoni Street, Tewantin, Qld May-19 $755,000 809 $933 No
5 Miles Platting Road, Eight Mile Plains, Qld Feb-19 $1,877,090 2,503 $750 Yes
209 Robina Town Centre Drive, Robina, Qld Jan-19 $7,275,000 9,790 $743 No
264 Nicklin Way, Warana, Qld Nov-18 $5,700,000 6,946 $821 Yes
265 Scottsdale Drive, Robina, Qld Jul-18 $2,750,000 3,005 $915 No
95-105 Dalton Drive, Maroochydore, Qld May-18 $5,000,000 6,547 $764 No
Mawson Street, Sippy Downs, Old Apr-18 $3,100,000 4,486 $691 No
18 Campus Crescent, Robina, Qld Apr-18 $2,636,840 2,621 $1,006 No
Medical Site Sales:
Property Sale Date Sale Price Site Area(m?) Site Analysis ($/m?: Approval
127 Queen Street, Southport, Qid Dec-19 $1,400,000 1,222 $1,146 No
Cnr Eccles and Florey Boulevard, Birtinya, Qld Nov-19 $3,600,000 3,600 $1,000 No
18 Kalinga Street, Caloundra, Qld Oct-19 $3,000,000 2,428 $1,236 Yes
2 Urban Village Way, Coomera, Qld Sep-19 $2,400,000 5,791 $414 Yes
3 South Sea Islander Way, Maroochydore, Qld Mar-19 $1,760,000 1,407 $1,251 No
Mawson Street, Sippy Downs, Qld Apr-18 $3,100,000 4,486 $691 No
Indoor Sport and Recreation Site Sales:
Property Sale Date Sale Price Site Area (m?) Site Analysis ($/m?)
71 Foxwell Road, Coomera Apr-20 $2,500,000 5,630 $444
Commercial Circuit, Jimboomba Dec-19 $1,386,500 5,546 $250
59 Stapylton Street, North Lakes Sep-19 $1,602,047 4,221 $380
49 Stapylton Street, North Lakes Jun-19 $1,400,000 4,000 $350
60 Gateway Drive, Noosaville, Qld Jun-19 $725,000 1,460 $497
467-473 Stafford Road, Stafford Jan-19 $1,200,000 Qaer $551
26-28 Lionel Donovan Drive, Noosaville, Qld Jan-18 $2,575,000 4,950 $520
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Valuation Considerations
We have had regard to the following attributes in determining an appropriate rate per square metre for the proposed lots:
. The proposed lots are located within the established suburb of Noosaville, located approximately 137 kilometres by road north of
the Brisbane CBD and 7.1 kilometres by road south-west of the Hastings Street tourist and retail precinct. Surrounding
development comprises industrial uses, residential dwellings, Noosa National Park and the Noosa Civic sub-regional shopping
centre, which is located immediately to the west.
° The proposed lots are located within easy access to main roads with the parent parcel having frontage to Walter Hay Drive, Eenie
Creek Road and Hoffmann Drive.
. Proposed Lots 2 and 22 will be located at the entrance of the Noosa Civic Shopping Centre and will receives good exposure to
passing traffic.
. The proposed lots vary in size from 3,831 square metres to 9,550 square metres and are generally near level.
. In regard to Proposed Lot 22, the lot will be encumbered by a 745 square metre access easement which provides access to the
adjoining allotments, however access for a proposed development will also be gained via the same easement. We have therefore
applied a 50% discount to the easement area associated with Proposed Lot 22.
. The proposed lots are subject to an Infrastructure Agreement between Noosa Shire Council and Mirose Pty Ltd dated 3 October
2003. The infrastructure agreement related to the original approval for Noosa Civic where 12.63 hectares of open space was
dedicated with a further 2.39 hectares maintained as private open space, as well as the upgrade of Eenie Creek Road and
associated roadworks. The Infrastructure Agreement states that any applications for development approvals in respect to future
stages shall be immune from conditions requiring. We note that the Infrastructure Agreement states that the infrastructure charges
are transferrable to an incoming purchaser, however do not include water and sewerage charges.
Valuation Calculations — Scenario 1 (Noosa Plan 2006)
Based on the available evidence, we have assessed the following values for the proposed lots:
Lot Area Usable Site Area Assessed Rates Low Range High Range Mid-Range Adopt
2 9,550 9,550 $700 $750 $6,685,000 $7,162,500 $6,923,750 $6,925,000
22 3,831 3,086 $950 $1,050 $3,285,575 $3,501,050 $3,393,313 $3,400,000
In regard to Proposed Lot 22 we have applied a 50% discount to the above adopted rate per square metre range for the easement area.
Based on the above we have adopted a combined value of $10,325,000 for Proposed Lots 2 & 22.
Valuation Calculations — Scenario 2 (Noosa Plan 2020)
Based on the available evidence, we have assessed the following values for the proposed lots:
Lot Area Usable Site Area Assessed Rates Low Range High Range Mid-Range Adopt
2 9,550 9,550 $700 $750 $6,685,000 $7,162,500 $6,923,750 $6,925 ,000**
22 3,831 3,086 $500 $550 $1,729,250 $1,902,175 $1,815,713 $1,820,000
In regard to Proposed Lot 22 we have applied a 50% discount to the above adopted rate per square metre range for the easement area.
**In regard to proposed Lot 2, any purchaser would need to obtain development approval for a showroom/office development given the
zoning requires an impact assessable development application to be submitted and any settlement would most likely be subject to this.
As a result, there would be an increased timeframe associate with settlement with most buyers requiring 12-months for obtaining
development approval.
We have therefore undertaken a present value calculation of the Scenario 1 assessment of Proposed Lot 2 for a 12-month period utilising
a 7.00% rate and the resultant value is $6,471,963. We have therefore adopted a rounded value of $6,470,000 for internal reporting
purposes.
Based on the above we have adopted a combined value of $8,290,000 for Proposed Lots 2 & 22.
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Summary
At this stage we have not conducted a formal valuation of the subject property and the indicative assessments should be considered a
preliminary view, subject to further investigations being undertaken. The estimates have been formulated on a number of critical
assumptions which have not been independently verified.
This advice is for the private and confidential use of the client and for the specific purpose for which it has been requested. No third
parties are entitled to use or rely on this report in any way and neither the writer nor m3property have any liability to any third party who
does. This advice cannot be used for mortgage security purposes.
We trust that this advice meets your requirements, however if you have any concerns or comments please do not hesitate to contact our
office.
Yours sincerely
m3property
Duane Gilliland
Director - Retail
duane. [email protected]
Due fo possible changes in market conditions and other circumstances this report can only be regarded as relevant at the date of assessment.
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