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05. Town Planning Report · MCU10/2127
From the archive MCU10/2127 Development Application part 2 of 2 Plans 5 Morwong Drive Noosa Heads. File date in the archive: 2010-12-20 09:49.
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VIRIDIAN NOOSA 5 MORWONG DRIVE, NOOSA HEADS LOTS 1101 - 1104, 2101 - 2103, 3101 - 3108, 4201 - 4202, 4301 - 4302, 4401 - 4402, 4501 - 4502, 5108, 6109, 7501 - 7502, 7504, 8601 - 8602, 9417, 10101 - 10107 and COMMON PROPERTY on SP190823, COUNTY OF MARCH, PARISH OF WEYBA PROPOSAL REPORT FOR: DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE — MULTIPLE HOUSING — TYPE 4 CONVENTIONAL AND VISITOR ACCOMMODATION — TYPE 4 CONVENTIONAL OVER 38 SPECIFIED DWELLING UNITS Prepared for: VIRIDIAN NOOSA PTY LTD Prepared by: HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS Date: December 2010 10BRO87.R01.010.docx HUMPHREYS REYNOLDS PERKINS planning consultants BRISBANE Level 20 344 Queen Street Brisbane 4000 Australia @ 07 3221 8833 @ 07 3221 0278 © [email protected] @ www.hrppc.com.au DIRECTORS Jeff Humphreys BRTP(Hons),BA,FPIA David Perkins BRTP,MPIA Steve Reynolds BRTP,MSc(EnvMgt), MPIA ASSOCIATES John Morwood BAS(BE),GDURP,MPIA Leisa Sinclair BAppSc(Surv),GDURP,MPIA,MUDIA John Van As BRTP(Hons), MBA, AssocDipBus(REV),MPIA Ben Lyons BBItEnv(Urb&RegPlan),GDURP,MPIA Associated Humphreys Reynolds Perkins practices: GOLD COAST @ 075594 1322 @ 075594 1366 NORTH QUEENSLAND @ 07 4953 2877 @ 07 4953 2577 SUNSHINE COAST @ 075451 0044 @ 07 5443 1688 VIRIDIAN NOOSA PROPOSAL REPORT PERMANENT OCCUPANCY Humphreys Reynolds Perkins Pty Ltd ABN 93 010 721 294
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Page 2
Background to Application
This Proposal Report accompanies an Impact Assessable Material Change of Use
application which seeks to allow for the occupation of 38 specified dwelling units
within the existing, approved Viridian Noosa development (“the Resort”) on a short
term, semi-permanent or permanent basis. The proposal the subject of this
application does not affect any other dwelling units in the Resort which may be
occupied only for short term accommodation.
On 19 April 2007 Noosa Shire Council (which now forms part of the Sunshine Coast
Regional Council) granted, subject to conditions, a Development Permit for Material
Change of Use for the following:
• Visitor Accommodation – Type 4 Conventional (Resort);
• Entertainment & Dining – Type 1 Food & Beverages (Conference Room and
Restaurant);
• Retail Business – Type 2 Shop & Salon (Shop); and
• Commercial Business – Type 2 Medical (Health Spa),
by way of Negotiated Decision Notice over the subject site (“the development
approval”). The development approval gave effect to the Resort.
On 2 July 2009 Viridian Noosa Pty Ltd (“the Applicant”) made a request to change
the development approval, in part, to provide greater flexibility for unit owners by
allowing for the occupation of a specified number of dwelling units on a short or
long term basis.
Sunshine Coast Regional Council decided the Applicant’s change request on or
about 18 November 2009 refusing any change to the condition of the development
approval which would allow for the occupation of a specified number of dwelling
units on a short and long term basis.
The decision of the Sunshine Coast Regional Council to refuse that part of the
Applicant’s change request is the subject of Appeal No. 57 of 2010 to the Planning
and Environment Court.
The Applicant understands that Sunshine Coast Regional Council interprets the use
definition ‘Visitor Accommodation – Type 4 Conventional’ as meaning
accommodation designed and used for visitors and does not allow for permanent or
semi-permanent occupation of the dwelling units. The Applicant disagrees with this
interpretation.
The Appeal has been adjourned with the agreement of the parties and left in
abeyance pending the assessment and determination by Council of the current
application.
This application seeks a Development Permit for a Material Change of Use for
Multiple Housing – Type 4 Conventional and Visitor Accommodation – Type 4
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Conventional to effect the proposal. The Applicant does not, however, concede by
the lodging of this application that the Council’s interpretation of the definition of
‘Visitor Accommodation – Type 4 Conventional’ is correct and reserves its
rights regarding the interpretation of the use definition.
The development application is supported by this Proposal Report and the series of
technical assessments appended hereto, and has been assessed against the
relevant and applicable provisions of the statutory town planning framework.
The particulars of the Applicant and site will be familiar to Council, but are
summarised below:
ADDRESS 5 Morwong Drive, Noosa Heads
(Refer to Figure 1 – Location Map)
RPD Lots 1101 – 1104, 2101 – 2103, 3101 – 3108, 4201 –
4202, 4301 – 4302, 4401 – 4402, 4501 – 4502, 5108,
6109, 7501 – 7502, 7504, 8601 – 8602, 9417, 10101 –
10107 and Common Property on SP190823, County of
March, Parish of Weyba
SITE AREA 5.4ha
REGISTERED OWNERS Body Corporate for Viridian Noosa Community Titles
Scheme 41478 (Common Property)
Lyons Co Pty Ltd ACN 132 271 526 as trustee (Lot 2102)
Linda Ann Cooke (Lot 4202)
Silver K Fine Art Pty Ltd ACN 005 884 748 (Lot 7504)
Raymond John Kirby (Lot 8601)
Amberwood Pty Ltd, Troodfarm Pty Ltd, Peter Lockyer (Lot
8602)
Sutherland Property Nominees Pty Ltd ACN 143 271 498
as trustee (Lot 10101)
John Peter McEvoy and Juliann Bella McEvoy (Lot 10103)
R & A Ireland Holdings Pty Ltd ACN 122 743 391 (Lot
10104)
Viridian Noosa Pty Ltd (ACN 104 525 135) (All other
specified lots)
(Refer to Appendix F – Certificate of Title and Survey
Plan)
SEQ REGIONAL PLAN Urban Footprint
LOCALITY DESIGNATION Noosa Heads
(Refer to Figure 6 – Zone Map)
ZONING Attached Housing
Open Space Conservation
(Refer to Figure 6 – Zone Map)
OVERLAYS Noosa Heads Biodiversity Overlay
Environmental Protection Area
Environmental Enhancement Area
Koala Habitat Area
Watercourse and Drainage Line
(Refer to Figure 7 – Biodiversity Overlay Map)
Noosa Heads Natural Hazard: Landslide & Flooding
Overlay
Landslide Hazard Area
Page 4
(Refer to Figure 8 – Landslide and Flooding Overlay
Map)
Noosa Heads Natural Hazard: Bushfire & Acid
Sulfate Soils Overlay
Medium Bushfire Hazard Area
(Refer to Figure 9 – Bushfire & Acid Sulfate Soils
Overlay Map)
Schedule 7 – Koala Habitat Areas Map
Koala Sustainability Area
(Refer to Figure 10 – Koala Habitat Areas Map)
APPLICANT Viridian Noosa Pty Ltd (ACN 104 525 135)
APPLICANT’S REPRESENTATIVE Steve Reynolds
Humphreys Reynolds Perkins Planning Consultants
Level 20, 344 Queen Street
BRISBANE QLD 4000
Ph: 07 3221 8833
Fx: 07 3221 0278
Email: [email protected]
HRP REFERENCE 10BR087
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VIRIDIAN NOOSA - PROPOSAL REPORT
Contents
1. Introduction _____________________________ 1
2. Site Characteristics ________________________ 2
2.1 Site Details ________________________________________ 2
2.1.1 Location _________________________________________________ 2
2.1.2 Real Property Description ____________________________________ 2
2.1.3 Shape, Size and Ownership __________________________________ 3
2.1.4 Easements and Covenants ___________________________________ 4
2.1.5 Current Use of Site _________________________________________ 4
2.1.6 Road Frontages, Access and Servicing __________________________ 4
2.1.7 Topography ______________________________________________ 5
2.1.8 Significant Vegetation and Waterway Values _____________________ 5
2.1.9 Site Contamination _________________________________________ 5
2.1.10 Existing Infrastructure Services _______________________________ 6
2.1.11 Heritage _________________________________________________ 6
2.1.12 Surrounding Land Use and Zoning _____________________________ 6
2.1.13 Recent Approval History _____________________________________ 7
3. Application Detail ________________________ 11
3.1 Application Particulars _______________________________ 11
3.2 Proposal Details ____________________________________ 11
3.2.1 Summary of Proposed Development __________________________ 11
3.2.2 Existing Viridian Noosa Resort Development ____________________ 12
3.2.3 Proposed Development_____________________________________ 13
3.2.4 Built Form ______________________________________________ 14
3.2.5 Gross Floor Area__________________________________________ 15
3.2.6 Vehicular and Pedestrian Access _____________________________ 15
3.2.7 Car Parking and Servicing __________________________________ 15
3.2.8 Use of Resort Facilities on Common Property ____________________ 17
4. Statutory Town Planning Framework _________ 18
4.1 Introduction_______________________________________ 18
4.2 Sustainable Planning Act 2009 ________________________ 18
4.2.1 Impact Assessment _______________________________________ 18
4.2.2 Referral ________________________________________________ 20
4.2.3 Public Notification _________________________________________ 21
4.2.4 State Planning Regulatory Provisions __________________________ 21
4.2.5 State Planning Policies _____________________________________ 22
4.3 SEQ Regional Plan __________________________________ 22
4.3.1 Regional Policies __________________________________________ 23
4.4 The Noosa Plan ____________________________________ 23
4.4.1 Desired Environmental Outcomes ____________________________ 23
4.4.2 Localities _______________________________________________ 24
4.4.3 Zones __________________________________________________ 24
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4.4.4 Precincts ________________________________________________ 24
4.4.5 Overlays ________________________________________________ 24
4.4.6 Use Codes and Works Codes ________________________________ 25
4.4.7 Defined Use _____________________________________________ 26
4.4.8 Level of Assessment _______________________________________ 26
5. Town Planning Compliance Summary _________ 27
6. Sufficient Grounds To Justify Conflict _________ 30
6.1 Compliance with the Applicable Codes __________________ 30
6.2 Planning Grounds __________________________________ 30
7. Recommendation ________________________ 35
Figures
Figure 1 – Location Plan
Figure 2 – Site Plan
Figure 3 – Aerial Photograph
Figure 4 – Proposed Development Lots
Figure 5 – SEQ Regional Plan
Figure 6 – Zone Map
Figure 7 – Biodiversity Overlay Map
Figure 8 – Landslide and Flooding Overlay Map
Figure 9 – Bushfire & Acid Sulfate Soils Overlay Map
Figure 10 – Koala Habitat Areas Map
Photographs
Appendices
Appendix A – Statement of Code Compliance
Appendix B – Typical Floor Plans
Appendix C – Traffic Engineering Report
Appendix D – Market Research Report
Appendix E – Economic Assessment of Noosa Tourism Industry
Appendix F – Certificates of Title and Survey Plan
Appendix G – CLR / EMR Extract
Appendix H – Viridian Resort Community Titles Scheme
Appendix I – Proposed Car Parking Plans
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1. Introduction
This Proposal Report is submitted to Sunshine Coast Regional Council in support of
a Material Change of Use development application which seeks to allow short term,
semi-permanent and permanent occupation of 38 specified villas and penthouses in
the existing, approved Viridian Noosa development (“the Resort”), located at 5
Morwong Drive, Noosa Heads (refer to Figure 1 – Location Plan).
Viridian Noosa Pty Ltd (“the Applicant”) is seeking a Development Permit for a
Material Change of Use for Multiple Housing – Type 4 Conventional and Visitor
Accommodation – Type 4 Conventional to allow for greater flexibility in the use of
the subject units and penthouses.
Council will be familiar with the Resort. No change is proposed to the built form of
the Resort or to any other dwelling units in the Resort which may be occupied only
for short term accommodation. For this reason, detailed Plans of Development
have not been prepared or provided with this Proposal Report.
As a consequence of the assumptions made in the Background to Application
section of this Report, the proposal is assessable development under the former
Noosa Shire Council’s planning scheme, which requires an impact assessable
development application to be made.
Section 314 of the Sustainable Planning Act 2009 (“the SPA”) prescribes the
requirements for impact assessment.
This Proposal Report details the characteristics of the subject site and the existing
development thereon, along with the statutory framework against which the
proposed extension is to be assessed. A detailed assessment of the proposal
against the relevant provisions of the statutory town planning framework is also
provided. Furthermore, the key technical issues are summarised and discussed,
and are further supported by the reports of specialist technical consultants,
including KPMG (demographics), Urbis (economics) and Holland Traffic Consulting
(traffic). These reports are attached to this Proposal Report.
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2. Site Characteristics
2.1 Site Details
The following sub-sections detail the particular characteristics of the subject site.
2.1.1 Location
The subject site is located within a valley forming part of the western slope of
Noosa Hill. The site is situated at the southern end of Morwong Drive,
approximately 150 metres from Hastings Street, Noosa Heads. Part of the site
adjoins the western end of Noosa National Park.
The locational context of the subject site is illustrated on Figure 1 – Location Map
and Figure 2 – Site Plan.
2.1.2 Real Property Description
The subject site is situated at 5 Morwong Drive, Noosa Heads, and was previously
more properly described as Lot 903 on SP221527. The site was subsequently
reconfigured by way of building format plan as part of the development approval for
the Resort [Council reference: 0823/2006].
The real property description of the subject site is Lots 1101 – 1104, 2101 – 2103,
3101 – 3108, 4201 – 4203, 4301 – 4306, 4401 – 4406, 4501 – 4502, 5101 – 5108,
6101 – 6109, 7201 - 7218, 7301 – 7320, 7401 – 7420, 7501 – 7504, 8101, 8201,
8301 – 8309, 8401 – 8411, 8504 – 8510, 8601 – 8602, 9201 – 9216, 9301 – 9318,
9401 – 9417, 10101 – 10107, 11101 – 11102 on SP190823, and Common Property
of Viridian Noosa Community Titles Scheme 41478 Community Management
Statement 41478, County of March, Parish of Weyba. A copy of the registered
survey plan is included as Appendix F – Certificate of Title and Survey Plan to
this report.
The lots the subject of the current application are described in Table 2.1.2 below.
Table 2.1.2 – LOTS THE SUBJECT OF CURRENT DEVELOPMENT APPLICATION
BLOCK NO. REAL PROPERTY DESCRIPTION
‘A’ Block Lots 1101 – 1104 on SP190823
‘B’ Block Lots 2101 – 2103 on SP190823
‘C’ Block Lots 3101 – 3108 on SP190823
‘D’ Block Lots 4201 - 4202, 4301 – 4302, 4401 – 4402, 4501 - 4502 on SP190823
‘E’ Block Lot 5108 on SP190823
‘F’ Block Lots 6109 on SP190823
‘G’ Block Lots 7501– 7502, 7504 on SP190823
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BLOCK NO. REAL PROPERTY DESCRIPTION
‘H’ Block Lots 8601 – 8602 on SP190823
‘I’ Block Lot 9417 on SP190823
‘J’ Block Lots 10101 – 10107 on SP190823
Common Property of Viridian Noosa Community Titles Scheme 41478
Community Management Statement 41478
The location of the lots the subject of the current application within the site is
illustrated on Figure 4 – Proposed Development Lots to this report.
2.1.3 Shape, Size and Ownership
The subject site is an irregular shaped parcel, comprising a total area of
approximately 5.4 hectares. The registered owners of the subject site are
described in Table 2.1.3 below.
Table 2.1.3 – REGISTERED OWNERS OF THE SUBJECT SITE
REAL PROPERTY DESCRIPTION REGISTERED OWNER/S
Lots 1101 – 1104, 2101, 2103, Viridian Noosa Pty Ltd ACN 104 525 135
3101 – 3108, 4201, 4301 – 4302,
4401 – 4402, 4501 – 4502, 5108,
6109, 7501 – 7502, 9417, 10102,
10105 – 10107 on SP190823
Lot 2102 on SP190823 Lyons Co Pty Ltd ACN 132 271 526 as trustee
Lot 4202 on SP190823 Linda Ann Cooke
Lot 7504 on SP190823 Silver K Fine Art Pty Ltd ACN 005 884 748
Lot 8601 on SP190823 Raymond John Kirby
Lot 8602 on SP190823 Amberwood Pty Ltd, Troodfarm Pty Ltd, Peter
Lockyer
Lot 10101 on SP190823 Sutherland Property Nominees Pty Ltd ACN 143 271
498 as trustee
Lot 10103 on SP190823 John Peter McEvoy and Juliann Bella McEvoy
Lot 10104 on SP190823 R & A Ireland Holdings Pty Ltd ACN 122 743 391
Common Property of Viridian Body Corporate for Viridian Noosa Community Titles
Noosa Community Titles Scheme Scheme 41478
41478 Community Management
Statement 41478
A copy of the certificates of title for those lots for which Viridian Noosa Pty Ltd is
not the registered owner is included as Appendix F – Certificate of Title and
Survey Plan to this report.
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2.1.4 Easements and Covenants
The subject site is affected by a number of easements and covenants, the
particulars of which will be familiar to Council and are therefore not repeated in this
Report.
2.1.5 Current Use of Site
The subject site is currently improved by a 198 accommodation unit, 5 star resort
development. The Resort includes 10 separate accommodation buildings, a central
facilities block, conference facilities, restaurant, health spa, gymnasium, games
room, theatrette and swimming pools.
The accommodation units consist of the following types:
• 144 Resort Units (one and two bedrooms);
• 8 Penthouses in Block D (two and three bedrooms);
• 6 Penthouses on the upper floors of Blocks G & H (two and three bedrooms);
• 1 Penthouse in Block I;
• 39 serviced Resort Villas (2 x two and 37 x 3 bedrooms).
A manager’s unit is also included within the Resort.
The Resort development is a purposely-designed, self-contained resort taking the
form of an integrated collection of buildings which are sympathetic to the
surrounding environment and the site on which they are constructed. Resort
buildings are generally suspended two and three storey structures, incorporating a
mixture of lightweight materials, steel superstructure, concrete floors and
Colorbond metal and “sandwich” foam roofs with extensive roof overhangs.
The management rights for the resort and freehold ownership of the conference
facility building (including function space, restaurant, outside dining, reception)
have been secured by Outrigger Hotels & Resorts, an international hotel/resort
operator.
2.1.6 Road Frontages, Access and Servicing
The subject site has road frontages to Morwong Drive in the north and Viewland
Drive in the south of approximately 20 metres each.
Both Morwong Drive and Viewland Drive are Council roads, comprising two lanes,
with a speed limit of 50km/hr. Both roads include a dedicated pedestrian footpath
located adjacent to the road frontage. Viewland Drive is a designated collector
road. Morwong Drive is a local access road.
Both roads provide a single direct point of access to the subject site by way of a
driveway crossover.
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Access to the site is controlled pursuant to a condition of the development approval
giving effect to the Viridian Noosa integrated resort development. Condition 260 of
the development approval requires access to the Resort to be via Viewland Drive
between 7.00am and 7.30pm and from Morwong Drive between 7.00pm and
7.30am. Gates and control barriers have been installed to ensure the split time
access regime is enforced as required by Condition 265 of the development
approval.
The nearest on-street bus stop is located on Noosa Parade, approximately 250
metres north-west of the subject site.
2.1.7 Topography
Much of the subject site is contained within a valley, which traverses the site from
north-west to south-east. Part of the site forms the western slope of Noosa Hill,
while part of the site adjoins the Noosa National Park.
2.1.8 Significant Vegetation and Waterway Values
The subject site is mapped as an Environmental Protection Area and an
Environmental Enhancement Area as well as a Koala Habitat Area under the Noosa
Heads Biodiversity Overlay of the Noosa Plan 2006. Refer to Figure 7 –
Biodiversity Overlay Map for further details.
Vegetation on the subject site is not protected under the State’s Regional
Ecosystem mapping. However, parts of the subject site are mapped as containing
High value regrowth vegetation containing Of Concern and Least Concern regional
ecosystems.
Essential habitat for a number of species is found within 1.1 kilometres of the
subject site.
The subject site is mapped as containing a watercourse, which originates within the
adjoining Noosa National Park, traverses the site, and ultimately flows into the
Noosa River. The site does not contain a wetland.
However, as no physical development is proposed to be undertaken, the
vegetation, fauna and waterway values are not affected and are not relevant to this
proposal.
2.1.9 Site Contamination
The subject site is not included on the Environmental Management Register (EMR)
or the Contaminated Land Register (CLR).
However, Lot 1 on RP136508 (from which the subject site was previously
subdivided) is included on the Environmental Management Register (EMR) as being
subject to a Notifiable Activity pursuant to section 374 of the Environmental
Protection Act 1994.
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The former Lot 1 on RP136508 has been subject to a hazardous contaminant,
primarily arsenic contamination from historical farming use of the site.
Notwithstanding, a site management plan has been prepared and a site suitability
statement has been issued for the site, which confirms that the site is suitable for
the following uses:
• tourist resort complex;
• multiple dwelling units;
• dwelling house;
• manager’s residence; and
• private and public open space.
A copy of the CLR and EMR search extract for the subject site and for the former
Lot 1 on RP136508 and site management plan is included as Appendix G – CLR
and EMR Search of this report.
2.1.10 Existing Infrastructure Services
The subject site is presently serviced with reticulated mains water, electricity,
telecommunications, stormwater drainage and sewerage.
2.1.11 Heritage
The site is not listed on the Queensland Heritage Register or identified as a heritage
site in Schedule 3 – Heritage Sites to The Noosa Plan 2006. However the site
adjoins Halse Lane, more properly described as Lot 2 on RP865533, which is
included on the Queensland Heritage Register as a place of cultural heritage
significance in Queensland. Halse Lodge (ID: 601393) is a two-storeyed timber
guesthouse built on the site between the 1880s and 1920s.
2.1.12 Surrounding Land Use and Zoning
The predominant land use features of the locality in which the subject site is
situated can be summarised as:
• Noosa National Park immediately adjoining the subject site to the east;
• a community of one and two-storey residential dwellings, designated as
Detached and Semi-Attached Housing, located to the immediate south and
west;
• further west, adjacent to Noosa Drive and Edgar Bennett Drive, are a host of
units or resort complexes, as well as a hotel, which are designated as Attached
Housing;
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• to the north, Little Cove, a mixture of one and two-storey residential dwellings
within a well vegetated setting with ready access to Noosa National Park,
Hastings Street and beaches;
• to the north-west, Hastings Street, comprising a mix of low rise buildings,
vibrant streetscape, indoor and outdoor dining opportunities, specialty retailers
and surf club, with ready access to Main Beach and Noosa River;
• Noosa Junction is a designated Business Centre located further south of the
subject site providing commercial, retail and administrative services.
2.1.13 Recent Approval History
On 19 April 2007 Noosa Shire Council (which now forms part of the Sunshine Coast
Regional Council) granted, subject to conditions, a Development Permit for Material
Change of Use for the following:
• Visitor Accommodation – Type 4 Conventional (Resort);
• Entertainment & Dining – Type 1 Food & Beverages (Conference Room and
Restaurant);
• Retail Business – Type 2 Shop & Salon (Shop); and
• Commercial Business – Type 2 Medical (Health Spa),
by way of Negotiated Decision Notice over the subject site (Council ref.:
2006/0823) (“the development approval”). The development approval gave effect
to the Viridian Noosa integrated resort development.
The development approval includes a condition restricting permanent residential
occupation of the accommodation in the Resort, as follows:
“23. The Resort (comprising the Restaurant and Conference Room Facility
Building V, Health Spa, Resort Accommodation Buildings (dwelling units and
accommodation units), Reception Area and Shop) shall be operated and
maintained as a Resort. The accommodation in the Resort will not be used
for the purpose of permanent residential accommodation, with the exception
of the Manager’s Accommodation. The resort shall operate in accordance
with the defined use of ‘Visitor Accommodation – Type 4 Conventional’ in the
Noosa Plan which provides for short term visitor accommodation. The
community management statement for any or all bodies corporate having
control of the Resort or any part thereof shall incorporate this condition.”
The development approval also includes a number of conditions relating to car
parking, relevantly as follows:
“284. A Car Parking Management Plan shall be submitted to Council and shall be to
the reasonable satisfaction of the Manager Land Use prior to the issue of a
development permit for Operational Works detailing, at a minimum:
…
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284.3 Operational on-site car park provisions addressing the following
issues:
284.3.1 Parking spaces within the Resort will not be titled, other
than Resort Villa (Block A, B, C, E, F & J) Garage
spaces. Resort Villa car parking spaces shall remain
within the pool of car parking spaces for the resort at
all times;
…
284.3.3. At check-in, guests (with cars) will be allocated a
parking bay for the duration of their stay. Guests will
be advised of their allocated parking bay location and
provided with details how to access this parking space;
284.3.4. At check in guests will be advised that any external
visitors they may invite to the site shall utilise the
available at grade parking spaces or contact reception
to be allocated a short-term parking space;
284.3.5. During peak times guest carparking spaces may not be
located within the same building as their
accommodation unit (if staying within Buildings D, G, H
or I);
284.3.6. All tandem carspaces shall be managed by valet
carparking or other arrangements satisfactory to
Council;
284.3.7, Persons without cars shall be allocated rooms wherever
possible in Buildings I or H.
284.3.8. Carspaces in Building V and I shall be made available
and directions erected for restaurant and conference
room external customer use in order to meet demand;
284.3.9. A 22 seat bus shall be available to provide a shuttle
service at all times as required;
284.3.10. The 4 car spaces located in the immediate vicinity of
resort reception will be limited to drop-off and pick-up
and reception functions;
284.3.11. Staff carparking will be allocated whenever possible to
tandem spaces including those in Building V or
otherwise in basement carparks.
284.3.12. A minimum of 20 spaces in the immediate vicinity of
the Health Spa will be clearly signed for Health Spa
Parking only. When booking spa treatments, external
guests will be advised of the proximity of Health Spa to
Hastings Street, the direct pathway network between
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the Spa and Hastings Street and the limited amount of
parking provided on site.
284.3.13. Upon booking a reservation, guests (particularly inter-
state or international visitors) will be encouraged not to
use a motor vehicle (ie. hire car) during their stay. The
guest will be advised of the provision of all essential
services within close walking distance of the resort;
284.3.14. An airport pick-up/drop-off service between the site
and Maroochy Airport will be provided. This service will
be offered on an as-needed basis.
284.3.15. Conference attendees not utilising on-site
accommodation and not located within walking distance
of the site will be advised that there is no on-site
parking facilities and offered a morning and afternoon
shuttle bus service;
284.3.16. The resort will provide a minimum of 10 scooters for
the exclusive use of guests; and
284.3.17. Resort staff will be encouraged to utilise non-private car
modes such as walking, cycling and public transport. It
is noted that the site is well positioned with relation to
Noose's public transport and pathway network.
285. Carparking shall be provided within the site as shown on drawing number
1013 DA-01-09 Issue 5 dated 28 November 2006 prepared by JMA
Architects Pty Ltd, except as modified herein.
286. A minimum of319 carpark spaces, of which 293 are covered carpark spaces,
26 are uncovered; maximum 64 (32 x 2), are tandem spaces, shall be
provided on site, including 9 clearly defined disabled carpark space. Parking
spaces within the Resort shall not be titled, with exception of the Villa
Garages Car parks, which may be titled however shall remain as part of the
Resort car parking pool.
287. A minimum of 39 scooter park spaces will be provided on site.
…
292. The operator of the Resort shall provide adequate carparking spaces on site
for staff of the Resort, alternatively staff may utilise the 22 constructed
street side bays on Viewland Drive detailed in SK 2004 Issue C. The
operator shall not instruct staff to park elsewhere off-site. The community
management statement for any or all bodies corporate having control of any
part of the Resort shall reflect this condition.”
A car parking management plan has been prepared, submitted and approved by
Council, in accordance with Condition 284 of the development approval.
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On 13 November 2007 the Applicant made a request to change the development
approval, which was subsequently approved by Noosa Council on 27 February
2008.
On 2 July 2008 the Applicant made a further request to change the development
approval, which was subsequently approved by Noosa Council on 21 January 2009.
On 2 July 2009 the Applicant made a further request to change the development
approval. The change sought by the Applicant was, in part, to allow for the short
term, semi-permanent and permanent occupation of a specified number of
accommodation units.
On or about 18 November 2009 Sunshine Coast Regional Council decided the
Applicant’s change request, allowing some changes to conditions of the
development approval, but relevantly refusing any change to the condition of the
development approval which would allow for the semi-permanent and permanent
occupation of a specified number of accommodation units.
On 8 January 2010 the Applicant filed a Notice of Appeal in the Planning and
Environment Court against the decision of the Sunshine Coast Regional Council
made on or about 18 November 2009. The Appeal has been adjourned and left in
abeyance pending the assessment and determination by Council of the current
application.
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3. Application Detail
3.1 Application Particulars
DEVELOPMENT TYPE Development Permit – Material Change of Use –
Multiple Housing – Type 4 Conventional and Visitor
Accommodation – Type 4 Conventional
LEVEL OF ASSESSMENT Impact Assessment (Inconsistent)
DEFINED USE • Multiple Housing – Type 4 Conventional
• Visitor Accommodation – Type 4 Conventional
REFERRAL • Department of Main Roads – Referral
(Concurrence) Agency: Trigger – proximity to
public passenger transport facility
• Department of Main Roads – Referral
(Concurrence) Agency: Trigger – Material
Change of Use in relation to rail safety and
efficiency
• Department of Environment and Resource
Management – Referral (Advice) Agency:
Trigger – Material Change of Use of premises
including a lot sharing a common boundary
with a Queensland heritage place
• Department of Environment and Resource
Management – Referral (Advice) Agency:
Trigger – Material Change of Use for an urban
purpose on a lot situated in, or within 100m
of, a conservation estate
APPLICANT Viridian Noosa Pty Ltd (ACN 104 525 135)
APPLICANT’S Steve Reynolds
REPRESENTATIVE Humphreys Reynolds Perkins Planning Consultants
Level 20, 344 Queen Street
BRISBANE QLD 4000
Ph: 07 3221 8833
Fx: 07 3221 0278
Email: [email protected]
3.2 Proposal Details
This section of the report provides a summary of the proposed development.
3.2.1 Summary of Proposed Development
The proposed development the subject of this application is for the occupation of 14
penthouses and 24 resort villas units within the existing, approved Resort on a
short term, semi-permanent or permanent basis.
The uses approved as part of the development approval for the Resort granted on
19 April 2007 by the former Noosa Shire Council included Visitor Accommodation –
Type 4 Conventional (Resort). The proposed development seeks a Development
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Permit for Material Change of Use for Visitor Accommodation – Type 4 Conventional
(Resort) and Multiple Housing – Type 4 Conventional with respect to the 38
specified dwelling units. The proposed development does not affect any other
dwelling units in the Resort which Council asserts may only be occupied for short
term accommodation in accordance with the development approval for the Resort.
The resort villas and penthouses have been designed and constructed as
conventional large home units which can be used for independent living with the
option of being included within the letting arrangements for the Resort. The
specified resort villas and penthouses are an integral part of a purposely-designed,
self-contained resort development. The units do not depend on resort operations,
although they benefit from co-location with the significant on-site resort facilities
which are available. While they are wholly integrated within the Resort, the only
essential aspect of the common property is access. The villas in particular are
located in precincts accessed by their own private roads, whereas the penthouses
are generally located on the top level of buildings or otherwise separate to the
conventional resort one- and two-bedroom units. Most of the resort villas and
penthouses have three or more bedrooms and multi-media rooms.
The proposed development will not physically change the built form of the Resort.
They are intended to function in this way and will house the same number of people
as would otherwise use the dwelling units as part of the Resort.
There are no new works proposed.
There are no amenity impacts as a result of the proposed development, either on or
off the site.
Although the 38 resort villas and penthouses may be permanently occupied, they
remain available to the Resort through the letting pool and are likely to be
predominantly operated in that way, notwithstanding their ability to be occupied on
a permanent or semi-permanent basis (refer to Section 6.2 of this Report and
Appendix D - Market Research Report prepared by KPMG for further details).
There is no change in the intensity of the use or the site population density.
There is no visual change to the Resort development in any respect, which will
remain an integrated, architecturally-themed, self-contained resort.
There are no external impacts.
3.2.2 Existing Viridian Noosa Resort Development
The development application proposes a broader mix of residential use (allowing a
variety of duration of stays) in relation to specific villas and penthouses located
within the existing Viridian Noosa development to provide greater flexibility.
Council will be familiar with the Resort and will be aware that it has been carefully
integrated with the existing landforms and vegetation. The Resort is broken into
stand-alone buildings that step down the site and are supported from below where
the site is sloping.
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3.2.3 Proposed Development
The location of the 38 dwelling units, which are the subject of this application, is set
out in Figure 4 – Proposed Development Lots to this Report.
Details of the dwelling units, including accommodation block, type, number of
bedrooms, car parks and floor area, are described in Table 3.2.3 below.
Table 3.2.3 – DETAILS OF THE LOTS THE SUBJECT OF THE APPLICATION1
Block Unit No. Accommodation Type No. of Beds Size (m²) Car Spaces
1101 Resort Villa 4 533 2
1102 Resort Villa 3 333 2
A
1103 Resort Villa 3 334 2
1104 Resort Villa 3 334 2
2101 Resort Villa 3 330 2
B 2102 Resort Villa 3 338 2
2103 Resort Villa 3 402 2
3101 Resort Villa 4 562 2
3102 Resort Villa 3 351 2
3103 Resort Villa 3 352 2
3104 Resort Villa 3 351 2
C
3105 Resort Villa 3 348 2
3106 Resort Villa 3 345 2
3107 Resort Villa 3 339 2
3108 Resort Villa 3 395 2
4201 Penthouse 3 298 2 tandem
4202 Penthouse 3 350 2 tandem
4301 Penthouse 3 298 2 tandem
4302 Penthouse 3 293 2 tandem
D
4401 Penthouse 3 298 2 tandem
4402 Penthouse 3 293 2 tandem
4501 Penthouse 3 298 2 tandem
4502 Penthouse 3 293 2 tandem
E 5108 Resort Villa 4 348 2
F 6109 Resort Villa 3 324 2
7501 Penthouse 2 181 2 tandem
G 7502 Penthouse 2 135 2 tandem
7504 Penthouse 2 182 2 tandem
8601 Penthouse 2 174 2 tandem
H
8602 Penthouse 2 194 2 tandem
I 9417 Penthouse 3 161 2
1
The number of bedrooms, floor area and car spaces have been calculated from the registered Building Format Plan fo
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10101 Resort Villa 3 327 2
10102 Resort Villa 3 297 2
10103 Resort Villa 3 297 2
J 10104 Resort Villa 3 297 2
10105 Resort Villa 2 300 2
10106 Resort Villa 3 212 2
10107 Resort Villa 2 222 2
3.2.4 Built Form
To be clear, the proposed development will not physically change the built form of
the Resort. No new works are proposed.
The design and construction of the 38 villas and penthouses is such that they are
suitable for use for independent living with the option of being included in a letting
pool for the resort.
The 14 penthouses are located in Blocks, D, G, H and I and comprise two and three
bedroom configurations.
The notable design features of the penthouses include:
(a) finishes and equipment of a very high standard appropriate for penthouse
living;
(b) oriented to maximise access to views toward Laguna Bay;
(c) single level design suitable for guests with limited mobility
(d) generally penthouses allow three sides to open air aspects, providing
optimum opportunity for controlled sunlight and breezes
(e) gated balcony access in Block D allowing for maximum ventilation at entry;
(f) three balconies (in Block D) to each penthouse, including generous external
decks opening off each living room and a separate drying deck; and
(g) multi-media rooms.
The 24 resort villas are situated within the remaining blocks. The resort villa
buildings are generally suspended two and three storey structures, incorporating a
mixture of lightweight materials, steel superstructure and concrete floors.
Extensive use is made of external decks; both covered and open, to provide indoor
and outdoor living spaces, and reinforce the projects relationship with its ecological
context.
Each villa contains two or three bedrooms, study, living room, dining room,
laundry, main bathroom, ensuite, multi-media room, double lockup garage in most,
and external decking.
Roofs are constructed using Colorbond metal and “sandwich” foam, allowing for
extensive roof overhangs.
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Notable design features in the villas include the following:
(a) steel superstructure with concrete floors enabling villas to touch the ground
lightly to maintain the integrity of the natural topography affecting the site;
(b) lightweight framing and infill cladding;
(c) high quality finishes;
(d) vertical pavilion configuration of internal spaces designed to cater for
permanent, and intermittent user groups of various sizes, engendering
notions of shared space in the true beach house tradition;
(e) oriented to maximise access to views toward Laguna Bay;
(f) large fenestration treatments maximising access to views and breezes;
(g) louvered fanlights and sidelights to doors enhancing cross ventilation;
(h) a heat chimney around the south-east stairwells to draw air through the
villas;
(i) high raking ceilings to the upper floor;
(j) generous external decks to each floor; and
(k) western sun control devices such as fixed and sliding screens with privacy
fins to side/end walls.
3.2.5 Gross Floor Area
The proposed development does not involve any change to the existing gross floor
area of the existing, approved Resort.
3.2.6 Vehicular and Pedestrian Access
The proposed development does not involve any change to the arrangements for
pedestrian and vehicular access to, from or within the existing, approved Resort.
3.2.7 Car Parking and Servicing
Car parking within the Resort includes roadside and basement parking under Blocks
I, H, G, D, and the central facilities building, and garage accommodation to all
Resort Villas, most with two car spaces provided.
A total of 322 car park spaces are provided on site in accordance with the
development approval for the Resort, comprising a minimum 295 covered carparks
and 27 on grade, uncovered carparks. A maximum of 33 tandem carparks are
provided and 11 disabled carparks are provided. Table 3.2.7 below provides
details of the current on-site car parking arrangements and their distribution within
Resort.
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Table 3.2.7 – CAR PARKING DISTRIBUTION
Block Covered On Grade Tandem Disabled
A 8 - - -
B 6 - - -
C 15 - - -
D 34 9 8 -
E 9 - - -
F 18 - - -
G 81 - 9 2
H 37 11 8 5
I 35 2 - 3
J 14 - - -
V 38 5 8 1
TOTAL: 295 27 33 11
Provision is also made for 39 scooter parking spaces and 20 bicycle racks. 22
parking bays have also been constructed by the Applicant in Viewland Drive suitable
for staff parking.
Car parking is managed in accordance with the car parking management plan
required pursuant to Condition 284 of the development approval.
All but two of the 38 specified dwelling units provide two covered car park spaces.
Currently, Villa 3108 and Penthouse 9417 each provide one internal car park. It is
proposed to delineate a single, external car parking space on the driveway in front
of the garage for Villa 3108, and an external car parking space on the creek side of
Block I for Penthouse 9417. The driveway car parking space for Villa 3108 will
create tandem car parking for that unit (one in the existing garage and one space
on the driveway approach). Both car parking spaces will be designated for the
exclusive use of the units to which they are associated. Villa 3108 and Penthouse
9417 will therefore have one covered or garaged car parking space and one
uncovered car parking space. Viridian Noosa Pty Ltd does not propose to cover
either of the additional car parking spaces. The additional of these two car parking
spaces ensures all of the specified units have two permanently available car parking
spaces as required by the planning scheme.
Visitors to any of the 38 specified units are expected to park in front of the garage
associated with that unit. To ensure visitor car spaces remain available for genuine
visitors to the site, the Applicant also proposes the following:
• a condition of the approval be included which states "no visitor parking space
is to be occupied on a permanent parking basis, being longer than 12 hours"
(or similar);
• a condition of the approval be included which requires the car parking
management plan be amended to incorporate the same provision; and
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• a condition of the approval be included which requires the Community
Management Statement be amended to include the same provision.
Refer to Appendix C – Traffic Engineering Report and Appendix I – Proposed
Car Parking Plans for further details.
3.2.8 Use of Resort Facilities on Common Property
All of the dwelling units which are the subject of this application are lots which form
part of the Viridian Resort Community Titles Scheme 41478, as documented in
Community Management Statement 41478. A copy of the Community Management
Statement is attached as Appendix H - Viridian Resort Community Titles
Scheme to this Report.
Owners of allotments within the Viridian Resort Community Titles Scheme are
allocated rights to carparks, storage and courtyard areas. The Viridian Resort
Community Titles Scheme 41478 also recognises that the gymnasium, steam room,
lounges and other leisure facilities form part of the Common Property. The owners
and occupiers of the dwelling units which are the subject of this application are
entitled to use the facilities of the Resort in accordance with the terms of the
Viridian Resort Community Titles Scheme Community Management Statement
41478.
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4. Statutory Town Planning Framework
4.1 Introduction
This section of the town planning report explains the applicable components of the
planning framework and their relevance to the proposed development.
4.2 Sustainable Planning Act 2009
The Sustainable Planning Act 2009 (“the SPA”) is the statutory instrument for the
State of Queensland under which, amongst other matters, development
applications are assessed by local governments.
The SPA replaced the now repealed Integrated Planning Act 1997 (“the IPA”).
The SPA delivers an Integrated Development Assessment System (“IDAS”) for
integrating State and local government assessment and approval processes for
development. Relevant stages in the IDAS process including referral and public
notification are addressed below.
4.2.1 Impact Assessment
The planning framework relevant to assessing the development application at the
time of lodgement comprises the SPA and the planning scheme for the former Shire
of Noosa (The Noosa Plan). The Noosa Plan is a “planning scheme” as defined by
the SPA at section 79.
Section 238 of the SPA prescribes that a development permit is necessary for
assessable development, as declared under the relevant planning scheme.
In this instance, an Impact Assessable development application is required to be
made to the assessment manager to acquire the necessary development permits
and preliminary approvals (refer to Section 5.4 – The Noosa Plan of this report).
Section 314 of the SPA prescribes that for any part of the application requiring
impact assessment:
“(2) The assessment manager must assess the part of the application against
each of the following matters or things to the extent the matter or thing is
relevant to the development—
(a) the State planning regulatory provisions;
(b) the regional plan for a designated region, to the extent it is not
identified in the planning scheme as being appropriately reflected in
the planning scheme;
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(c) if the assessment manager is not a local government—the laws that
are administered by, and the policies that are reasonably identifiable
as policies applied by, the assessment manager and that are relevant
to the application;
(d) State planning policies, to the extent the policies are not identified
in—
(i) any relevant regional plan as being appropriately reflected in
the regional plan; or
(ii) the planning scheme as being appropriately reflected in the
planning scheme;
(e) a structure plan;
(f) for development in a declared master planned area—all master plans
for the area;
(g) a temporary local planning instrument;
(h) a preliminary approval to which section 242 applies;
(i) a planning scheme;
(j) for development not in a planning scheme area—any planning
scheme or temporary local planning instrument for a planning
scheme area that may be materially affected by the development;
(k) if the assessment manager is an infrastructure provider—the priority
infrastructure plan.
(3) In addition to the matters or things against which the assessment manager
must assess the application under subsection (2), the assessment manager
must assess the part of the application having regard to the following—
(a) the common material;
(b) any development approval for, and any lawful use of, premises the
subject of the application or adjacent premises;
(c) any referral agency’s response for the application.”
According to Section 326 of the SPA:
“(1) The assessment manager’s decision must not conflict with a relevant
instrument unless—
(a) the conflict is necessary to ensure the decision complies with a State
planning regulatory provision; or
(b) there are sufficient grounds to justify the decision, despite the
conflict; or
(c) the conflict arises because of a conflict between—
(i) 2 or more relevant instruments of the same type, and the
decision best achieves the purposes of the instruments; or
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(ii) 2 or more aspects of any 1 relevant instrument, and the
decision best achieves the purposes of the instrument.”
At the time of the lodgement of the development application, the common material
comprises the application material only. The application material includes an
assessment of the proposed development against the relevant planning documents
and the assessment criteria of the SPA. However, information arising from the
subsequent Information and Referral Stage will also form part of the common
material to be assessed by Council.
4.2.2 Referral
Section 254 of the SPA states that:
“A referral agency has, for assessing and responding to the part of an application
giving rise to the referral, the jurisdiction or jurisdictions prescribed under a
regulation.”
Section 13 of the Sustainable Planning Regulation 2009 explains that:
“For sections 250(a), 251(a) and 254(1) of the Act —
(a) schedule 7, column 2 states the referral agency, and whether it is an advice
agency or a concurrence agency, for the development application mentioned
in column 1; and
(b) schedule 7, column 3 states the jurisdiction of the referral agency mentioned
in column 2.”
The following provides a list of the referral agencies for the proposed development,
their triggers for referral and whether or not they will be an advice or a concurrence
agency:
Department of Transport and Main Roads
The proposed development is a material change of use made assessable under a
planning scheme on land within 400 metres of a public passenger transport facility
with a total site area of 5,000m² or more, and/or for residential purposes with a
total site area of 5 hectares or more. The Department of Transport and Main Roads
is prescribed as a Concurrence Agency for public passenger transport matters, for
which the development application is to be referred, pursuant to Schedule 7, Table
3, Item 14 of the Sustainable Planning Regulation 2009.
Department of Transport and Main Roads
The proposed development is a material change of use made assessable under a
planning scheme for residential purposes with a total site area of 5 hectares or
more. The Department of Transport and Main Roads is prescribed as a Concurrence
Agency for railway safety and efficiency matters pursuant to Schedule 7, Table 3,
Item 15 of the Sustainable Planning Regulation 2009.
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Department of Environment and Resource Management
The proposed development is material change of use made assessable by a
planning scheme of premises which shares a common boundary with a lot that
comprises or contains a Queensland heritage place. The proposed development is
to be referred to the Department of Environment and Resource Management as an
Advice Agency pursuant to Schedule 7, Table 3, Item 23 of the Sustainable
Planning Regulation 2009.
Department of Environment and Resource Management
The proposed development is material change of use made assessable by a
planning scheme for urban purposes on land within 100 metres of a protected area
(Noosa National Park) under the Nature Conservation Act 1992. The proposed
development is to be referred to the Department of Environment and Resource
Management as an Advice Agency pursuant to Schedule 7, Table 3, Item 22 of the
Sustainable Planning Regulation 2009.
4.2.3 Public Notification
According to Section 295 of the SPA, the notification stage of the IDAS process
applies to an application if either of the following applies –
“(a) any part of the application requires impact assessment;
(b) the application is an application to which section 242 applies.”
As the development application requires Impact Assessment, public notification is
required. In this case, public notification is required for a minimum of 30 business
days as the proposed development, being a material change of use assessable
against The Noosa Plan, shares a common boundary with a Queensland heritage
place (Halse Lodge) and a protected area under the Nature Conservation Act 1992
(Noosa National Park).
4.2.4 State Planning Regulatory Provisions
A State Planning Regulatory Provision is an instrument made under Chapter 2, Part
2, Division 2, and Chapter 2, Part 6 of the SPA for an area to advance the purpose
of the Act by—
(a) providing regulatory support for regional planning or master planning; or
(b) providing for a charge for the supply of infrastructure; or
(c) protecting planning scheme areas from adverse impacts.
A State Planning Regulatory Provision includes a draft State Planning Regulatory
Provision.
Section 314(2)(a) of the SPA requires an assessment manager to assess an
application against a State Planning Regulatory Provision to the extent the State
Planning Regulatory Provision is relevant to the development.
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At the time of lodgement, the State Planning Regulatory Provisions in force relevant
to the proposed development were as follows:
• South East Queensland Regional Plan 2009-2031 State Planning
Regulatory Provisions
The South East Queensland Regional Plan 2009-2031 State Planning Regulatory
Provisions implement the regional plan for the SEQ region. These State Planning
Regulatory Provisions are relevant to the proposed development as the subject
site is located within the SEQ region.
• South East Queensland Koala Conservation State Planning Regulatory
Provisions
The South East Queensland Koala Conservation State Planning Regulatory
Provisions seek to protect koala bushland habitat areas in the SEQ region from
the impacts of development.
These State Planning Regulatory Provisions are relevant to the proposed
development as the subject site is located within a Koala Assessable
Development Area to which the South East Queensland Koala Conservation
State Planning Regulatory Provisions apply. However, the proposed
development does not involve clearing of native vegetation, new building or
extension, gravel extraction or filling and excavation. Accordingly the proposed
development is not required to comply with the assessment criteria in Column 2
for Assessable Development.
4.2.5 State Planning Policies
A State Planning Policy is an instrument made by the Minister about matters of
State interest. As prescribed by Section 314(2)(d) of the SPA, an assessment
manager must have regard to State Planning Policies, if they are not identified in
the planning scheme as being appropriately reflected in the planning scheme.
4.3 SEQ Regional Plan
The South East Queensland Regional Plan 2005 – 2026 (‘SEQRP 2005’) came into
full effect on 30 June 2005. Its primary purpose was to provide a sustainable
growth management strategy for the region that articulates strategic direction and
certainty that will accommodate a significant increase in population in SEQ to 2026.
The SEQRP was reviewed in 2008 resulting in the South East Queensland Regional
Plan 2009 – 2031 (‘SEQRP 2009’) being released in July 2009.
The site is wholly located within the Urban Footprint (refer to Figure 5 – SEQ
Regional Plan).
The Urban Footprint includes existing urban areas and greenfield areas suitable for
urban development. It defines the limits of urban development up to 2031 and is
considered to include sufficient land to satisfy the demand for the full range of
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urban uses.
4.3.1 Regional Policies
Under the SEQ Regional Plan, and as far as can be determined from the broad scale
mapping, the subject site is designated as a Terrestrial and Wetland Area of High
Ecological Significance on Map 3 of the SEQ Regional Plan policy maps (refer to
Figure 5 – SEQ Regional Plan).
The vast majority of the regional principles and policies contained in the South East
Queensland Regional Plan 2009-2031 State Planning Regulatory Provisions do not
apply to the proposed development. The proposed development complies with the
remaining applicable provisions as the site is wholly situated within an existing
resort development within the Urban Footprint, is well serviced with existing
infrastructure, and is a residential use providing flexible housing options, and does
not alter the existing arrangements for the protection of the conservation,
environmental and .
4.4 The Noosa Plan
The planning framework relevant to assessing the development application at the
time of lodgement comprises the SPA and the planning scheme for the former Shire
of Noosa (“The Noosa Plan”). The Noosa Plan is a “planning scheme” as defined by
the SPA at section 79.
The Noosa Plan came into force on 3 February 2006 and has been amended on two
occasions, the last being on 11 May 2009. Draft Amendment No. 3 to The Noosa
Plan has been publicly notified. The draft amendment seeks to amend the zoning
of certain land in Grasstree Court, Sunrise Beach to facilitate the development of
aged care facilities. Draft Amendment No. 3 does not apply to the subject site or
the proposed development and has not therefore been taken into account.
The planning scheme comprises a series of structural elements which the following
sections identify and briefly discuss, to the extent they apply to the proposed
development.
4.4.1 Desired Environmental Outcomes
Part 3 of The Noosa Plan sets down the Desired Environmental Outcomes for
development throughout the Shire over the life of the planning scheme. The
Desired Environmental Outcomes are based on the concept of ecological
sustainability (as it is defined for the purposes of the former Integrated Planning
Act 1997) and are the means whereby the planning scheme ultimately seeks to
advance the purpose of the Act.
The Desired Environmental Outcomes which are relevant to the proposed
development are set out at Appendix A – Town Planning Compliance
Schedule.
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4.4.2 Localities
The Noosa Plan divides the whole of the Shire into a series of geographic localities
for the purposes of regulating development, the provisions for each of which,
including assessment tables and a specific Locality Code, are contained in a Locality
Plan.
The site is wholly contained within the Noosa Heads Locality (refer to Figure 6 –
Zone Map).
The applicable provisions of the Noosa Heads Locality Code, comprising the Overall
Outcomes, Specific Outcomes and Probable Solutions, are included at Appendix A
– Town Planning Compliance Schedule.
4.4.3 Zones
The Noosa Plan further divides each of the Localities into a series of Zones which
more precisely reflect the preferred pattern of development and land use.
The Resort is subject to a split zoning under the planning scheme, being partly the
Attached Housing Zone and partly Open Space Conservation Zone (refer to Figure
6 – Zone Map). However, as the proposed development does not alter the built
form of the existing resort, is not situated within the Open Space Conservation
Zone and does not alter the existing arrangements for the protection of the open
space, conservation and environmental functions of the site, the development
assessment provisions for development in the Open Space Conservation Zone do
not apply to the proposed development.
The development assessment provisions which are applicable to development in the
Attached Housing Zone are contained in the Noosa Heads Locality Code under the
planning scheme and included herein at Appendix A – Town Planning
Compliance Schedule.
4.4.4 Precincts
The Noosa Plan provides for certain Zones to incorporate Precincts which provide a
finer level of guidance as to the pattern and nature of development that was
anticipated at the time the planning scheme was prepared. The Noosa Plan does
not further divide the subject site into Precincts.
4.4.5 Overlays
A series of four Overlays are included in the planning scheme, each of which
identifies the extent of a range of environmental, heritage and locational
constraints throughout the Shire.
The site is affected by the following Overlays:-
Biodiversity Overlay;
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Natural Hazards (Landslide and Flood) Overlay; and
Natural Hazards (Bushfire and Acid Sulfate Soil) Overlay.
Each Overlay Map included in the planning scheme is supported by an Assessment
Table which, in some instances, alters the level of assessment that would otherwise
apply to development in a particular Zone, along with an Overlay Code containing
specific development assessment criteria which apply to development on land
affected by the Overlay.
The Assessment Table for the Biodiversity Overlay lists the proposed development
as exempt development as the relevant criteria for code assessment do not
otherwise apply.
The Assessment Table for the Natural Hazard Overlay specifies the proposed
development as code assessable development as the subject site is identified as a
Landslide Hazard Area and a Bushfire Hazard Area (Medium Bushfire Area) on the
relevant Overlay Maps.
The development assessment provisions for development on a site affected by the
Biodiversity Overlay, Natural Hazards (Landslide and Flood) Overlay, and Natural
Hazards (Bushfire and Acid Sulfate Soil) Overlay do not apply to the proposed
development as the subject site is not designated as being prone to flooding or
subject to acid sulfate soils, the proposed development does not alter the built form
of the existing approved resort or the vegetation and landscaping on the subject
site and therefore does not therefore increase the risk to people, property and the
natural environment from natural hazards.
4.4.6 Use Codes and Works Codes
The planning scheme includes a suite of Use Codes and Works Codes which apply
specifically to development of a stated purpose or type. The development
application is subject to the procedures of Impact Assessment under the Noosa
Shire Council Planning Scheme. The following Use Codes and Works Codes, or
parts thereof, are therefore considered relevant to the assessment of this Material
Change of Use application:-
Use Codes
Residential Uses Code;
Works Codes
Driveways and Carparking Code;
The Visitor Accommodation Code has not been addressed in this Report as it was
addressed in full as part of the development approval for the Resort. Similarly, the
Landscaping Code and the Engineering Works Code (except the Driveways and
Carparking Code) have not been addressed as the proposed development
comprises a change of use only. No change to the existing built form or
infrastructure services provide as part of the approved Resort are required or
proposed as part of the proposed development.
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The relevant sections of the applicable Use Codes and Works Codes are included at
Appendix A – Town Planning Compliance Schedule.
4.4.7 Defined Use
Section 2.11 of the Noosa Shire Council Planning Scheme provides a list of defined
land use activities. For the purposes of the planning scheme, the components of
the proposed development are defined as follows:-
“Multiple Housing (Type 4 Conventional)
Means the use of premises for dwelling units that do not fall within Multiple
housing Types 1, 2, 3, or 5. The use includes units, townhouses, flats,
apartments, villas and small dwelling units.
Visitor Accommodation (Type 4 Conventional)
Two or more dwelling units or accommodation units, for the purpose of
providing short-term visitor accommodation. The use may include common
recreation or dining facilities and includes an ancillary dwelling unit for onsite
manager. The use includes a guesthouse, visitor hostel, motel, resort and
serviced rooms, but does not include Visitor accommodation Type 1 Home
hosted or Type 3 Rural as separately defined.”
This application is lodged on the basis of Council’s contention that the existing
development is only able to be used on a short term basis. ‘Short term’ is not
defined in the planning scheme, which creates ambiguity as it is not known what
duration of stay would qualify as short term. Further, the limitation on the use of
the specified villas and penthouses creates inflexibility for owners and tenants, as
any stay longer than ‘short term’ in not lawful.
This application is therefore being made for both Multiple Housing (Type 4
Conventional) and Visitor Accommodation (Type 4 Conventional) to allow for short
term stays as well as semi- permanent and permanent occupation, thus preserving
the future flexibility of the residential use of the specified units in the development.
4.4.8 Level of Assessment
Part 9, Divisions 5 and 11 of The Noosa Plan prescribe the levels of assessment for
assessable Material Changes of Use development in the Attached Housing Zone and
the Open Space Conservation Zone of the Noosa Heads Locality.
The proposed development is subject to Impact Assessment (Inconsistent Uses) in
accordance with Part 9, Divisions 5 and 11 of the planning scheme.
Part 13 of the planning scheme prescribes alternative levels of assessment for
development on land affected by the respective Overlays. However, as the
Assessment Tables for the Attached Housing Zone and the Open Space
Conversation Zone make the proposed development Impact Assessable at first
instance and, in accordance with Section 2.6.4 of the planning scheme, Impact
Assessment prevails over Code Assessment and Self Assessment, the primary level
of assessment is not altered as a consequence of the land being affected by any of
the respective Overlays.
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5. Town Planning Compliance Summary
A detailed assessment of the proposed development against the applicable
statutory assessment provisions is provided at Appendix A – Town Planning
Compliance Schedule.
In summary, the proposed development generally complies, and is consistent with
the relevant and applicable provisions of the statutory town planning framework,
including the:-
Sustainable Planning Act 2009;
Sustainable Planning Regulation 2009;
South East Queensland Koala Conservation State Planning Regulatory
Provisions
South East Queensland Regional Plan;
Noosa Shire Council Planning Scheme, comprising the:-
• Desired Environmental Outcomes for the Shire;
• Overall Outcomes for the Noosa Heads Locality, Attached Housing
Zone, Open Space Conservation Zone, applicable Overlays and all
relevant Codes;
• Specific Outcomes for the relevant Codes; and
• Probable Solutions for the relevant Codes.
The extent of any inconsistency or conflict with the applicable planning scheme
provisions is limited to the proposed development being an inconsistent use for the
subject site as identified in Specific Outcome O40, Section 9.20 of the Specific
Outcome and Probable Solutions for the Attached Housing Zone (Division 18) of the
Noosa Heads Locality Code. The extent of this conflict is minor based on a technical
assessment of the impacts of the proposal, as the proposal satisfies the overall
outcomes of the Noosa Heads Locality Code, which relevantly seek to ensure that:
(a) visitor accommodation remains the primary focus of Noosa Heads;
(b) resident populations are accommodated in both detached and attached
housing with high levels of residential amenity and high levels of
convenience, accessibility and services;
(c) substantial key sites are protected for resort developments; and
(d) within the Attached Housing Zone, residents and visitors are accommodated
in predominantly Multiple housing forms which offer a higher level of
residential amenity, design quality and safety and respect the scale and
character of the streetscape and surrounding development.
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The proposed development comprises high quality attached housing designed for
residents, but which can equally cater for visitors of any length of stay. The
accommodation provides very high levels of amenity, convenience, accessibility and
services, wholly integrated yet self contained within an existing resort. As the units
within the proposed development remain available to the Resort through the letting
pool when not in use by their owners, family or friends, the units can still be used
to accommodate visitors to Noosa. As such the proposal does not alter the function
of the development or the use of the site, which predominantly remains an
integrated tourist resort.
Further explanation and detailed planning grounds which justify the minor conflict
are submitted and discussed at Section 6.0 of this Proposal Report and Appendix
A – Statement of Code Compliance of this Report.
Council should be aware that the proposed development achieves compliance with
most of the probable solutions of the Driveways and Carparking Code.
The exception is S7.1 of Section 14.114 (Number of Parking Bays) of the
Driveways and Carparking Code. Probable Solution S7.1 prefers development to
provide not less than the minimum number of parking and loading bays specified in
Table 14-51 Vehicle Parking Requirements to the Driveways and Carparking Code.
In relation to Multiple Housing – Type 4 Conventional, Table 14-51 provides that
dwelling units with 3 or more bedrooms or those greater than 110m² are to provide
a minimum of 2 covered spaces per dwelling unit which may be located in tandem
layout, and 1 designated visitor carparking space, accessible at all time, per 4
dwelling units or part thereof.
All but two of the 38 specified dwelling units provide the minimum number of car
park spaces as required by Table 14-51. Villa 3108 and Penthouse 9417 provide
one internal car park, rather than two covered spaces as required by Table 14-51.
The Applicant proposes a performance solution to comply with Specific Outcome
O7, summarised as follows:
(a) delineate a single, external, uncovered car parking space on the driveway in
front of the garage for villa 3108 in order to create a tandem parking space
for Villa 3108 (one in the existing garage, one in the driveway); and
(b) create a single, external, uncovered parking space on the creek side of
Building I, to be allocated for the exclusive use of Penthouse 9417;
(c) visitors to any of the 38 specified units are to park in front of the garage
associated with that unit;
(d) impose a condition of the approval which states "no visitor parking space is
to be occupied on a permanent parking basis, being longer than 12 hours"
(or similar);
(e) impose a condition of the approval which requires the car parking
management plan be amended to incorporate the same provision; and
(f) a condition of the approval be included which requires the Community
Management Statement be amended to include the same provision;
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Refer to Appendix C – Traffic Engineering Report prepared by Holland Traffic
Consulting which confirms that the proposed performance solution complies with
the planning scheme requirements for permanent accommodation of the 38
specified units.
Also refer to Appendix I – Proposed Car Parking Plans for further details of the
location of the proposed car parking spaces.
For these reasons, the proposed development is consistent with the Specific
Outcomes for the Driveways and Carparking Code, and therefore complies with the
Driveways and Carparking Code in accordance with Section 14.110 of the
Driveways and Carparking Code of the Noosa Plan.
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6. Sufficient Grounds To Justify Conflict
6.1 Compliance with the Applicable Codes
The Sustainable Planning Act 2009, at Section 326, requires that an assessment
manager’s decision must not conflict with a relevant instrument and an application
must be refused if it conflicts with the planning scheme, unless:-
(a) the conflict is necessary to ensure the decision complies with a State planning
regulatory provision; or
(b) there are sufficient grounds to justify the decision, despite the conflict; or
(c) the conflict arises because of a conflict between—
(i) 2 or more relevant instruments of the same type, and the decision best
achieves the purposes of the instruments; or
(ii) 2 or more aspects of any 1 relevant instrument, and the decision best
achieves the purposes of the instrument.
The following sections present sufficient planning grounds to justify the approval of
the development application, despite the minor conflict with the statutory planning
framework identified in the previous chapter of this Report.
6.2 Planning Grounds
1. The subject site remains a themed, integrated resort development
The proposed development does not physically change the built form of the
Resort or involve any works to give effect to the use. Architecturally, the
buildings within the Resort remain unchanged by the proposed development.
There is no differentiation in form between the units in the letting pool of the
Resort and the 38 dwelling units which are proposed to be used on a short
term, semi-permanent or permanent basis. While the specified resort villas
and penthouses are self contained and do not depend on resort operations,
they are wholly integrated within the Resort, sharing site access.
There is no visual change to the Resort development in any respect. The
subject site retains the look, feel and function of an integrated resort
development. In terms of its design and operation, the proposed
development will continue to function and will be highly distinguishable as a
resort rather than a residential development. While there are a number of
strata-titled developments in Noosa which comprise a mix of short term,
semi-permanent and permanent occupancy, the Viridian Noosa development
will continue to be highly distinguishable as a resort, particularly as the
Resort is branded, managed and operated by Outrigger Hotels & Resorts,
thus ensuring that the theme is carried through the development in all
aspects of its management and operation.
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A core function of the Resort is to host conferences and other types of
functions and to accommodate delegates in first class facilities. The proposed
development does not impact upon the ability of the resort to operate as a
conference and function facility. The 38 resort villas and penthouses the
subject of this application are very likely to remain available to the Resort
through the letting pool (refer to Planning Ground No. 5 below).
The number of dwellings which would be available to be permanently
occupied should the proposal be approved is also unlikely to affect the
function of the Resort. The empirical evidence suggests that very few owners
would permanently occupy their dwelling unit (refer to Planning Ground No. 5
below). KPMG have concluded that if the permanently occupied percentages
from the most comparable resorts analysed in its report are applied to the 38
specified units the subject of this application, the maximum number of
dwellings that would be permanently occupied would be 3.
Refer to Planning Ground No. 6 below and Appendix D – Market Research
Report prepared by KPMG to this Report for further details.
2. The specified units are designed to be suitable for short term, semi-
permanent or permanent occupancy
The resort villas and penthouses which are the subject of this application
have been designed and constructed to be similar to conventional large home
units which are an integral part of this purposely-designed self-contained
resort development. The dwellings generally comprise large floor areas, two
to four bedrooms, study, living room, dining room and multi-media room set
in two and three storey structures. Accordingly, these dwellings have been
specifically designed to be capable of use for independent living, and are self
contained, being suitable for a variety of stay durations, including short term,
semi-permanent and permanent occupation.
3. No change in site population density
There is no change in the intensity of the use or the site population density.
The dwellings have been constructed. They will not accommodate any more
people at any one time as a consequence of the approval sought.
4. There are no on- or off-site amenity impacts as a result of the
proposed development
No amenity impacts are anticipated to arise.
The specified resort villas and penthouses are self contained. The villas in
particular are located in precincts accessed by their own private roads. The
penthouses are generally located on the top level of buildings, or separated
from the remaining units. Furthermore, the whole development functions
under a detailed management regime incorporating the management
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company (Outrigger) and the Body Corporate of the Viridian Resort
Community Titles Scheme.
5. Flexibility of use
This application is lodged on the assumption the existing development is only
able to be used on a short term basis. This is highly inflexible for owners and
tenants, as arguably any stay longer than ‘short term’ in not lawful – which
could include stays over two weeks (‘short term’ is not defined in the
planning scheme). This application does not seek to alter the ability of the
38 specified units to be used for their approved short term occupation.
Rather, it seeks to add the flexibility to use the specified units for longer
periods.
The proposed development will provide owners of the specified units with the
flexibility to use the dwellings on terms more suitable to their lifestyle and
needs. For example, an owner may choose to live for four months in one of
the specified units, then return the unit to the letting pool. This may occur as
a “one-off” or recurrently. Either way, this application facilitates such use.
In this way, the proposed development provides owners with the ability to
use their dwelling units for longer periods of time whilst also obtaining a
return on their investment by placing the unit back in the letting pool of the
Resort when they are not using it.
6. Opportunity for greater use of the specified units
The proposal, if approved, may allow the units to be used during periods
when they might otherwise be vacant (as they are not in demand for short
term stays), such as during periods of economic downturn, outside school
holidays or scheduled events, or over winter. The units can be available to
owners, their family and friends during these periods (for longer stays), thus
ensuring continued economic investment and benefits for Hastings Street and
Noosa more generally.
7. Empirical evidence confirms that very few owners would permanently
occupy their dwelling unit
KPMG has undertaken research of comparable strata-titled properties to
Viridian in Noosa and in other key tourist destinations, including Gold Coast,
northern New South Wales and Port Douglas.
Very few units in comparable strata-titled resorts in Noosa without
restrictions on permanent occupancy are permanently occupied (2.4%).
Viridian Residences (Stage 2 of the Viridian Noosa development) is the most
comparable development in terms of location and product. KPMG’s research
confirmed that only 1 out of 23 units are permanently occupied.
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This finding is confirmed on the Gold Coast, northern New South Wales and
Port Douglas. Only 13 out of 943 total dwellings were permanently occupied
in these markets. The most comparable resorts were Palazzo Versace and
Sheraton Mirage, which had only 8 permanent residents out of a total of 126
dwellings.
The conclusion reached by KPMG is that the level of occupancy of
permanently occupied dwellings, both in Noosa and in other key tourist
destinations is low. KPMG’s findings support the view that even though the
owners of the 38 resort villas and penthouses could permanently occupy their
dwelling unit, what is more likely to happen is that the units would remain
available to the Resort through the letting pool.
Refer to Appendix D – Market Research Report prepared by KPMG to this
Report for further details.
8. The economic impacts of the proposed development on the Noosa
tourism industry will be negligible or positive
Urbis has undertaken research into the capacity of the visitor accommodation
market in Noosa and the potential economic impacts of the proposed
development on the Noosa Heads retail economy.
In terms of the capacity of the visitor accommodation market, the average
occupancy rate for term accommodation in Noosa is approximately 57% of
available room nights at present. The average occupancy rate indicates that
there is significant surplus capacity in the market due to the current level of
available stock and increased competition from other markets on the
Sunshine Coast. If the specified units and penthouses are forced onto the
market as additional visitor accommodation, the market is very likely to
become diluted, thus reducing the average occupancy rates further.
Urbis also found that by allowing the 38 specified units and penthouses to
accommodate longer terms stays or permanent residents, the likely level of
retail expenditure in Noosa Heads is greater than if solely available for short
term stays.
Refer to Appendix E – Economic Assessment of Noosa Tourism
Industry prepared by Urbis to this Report for further details.
9. The resort continues to be an economic driver for tourism even if the
proposal is approved
At the time the Resort was approved, the evidence established that there was
a strong need for a resort in Noosa Heads. The basis for this need was that a
resort in this location would satisfy an important economic driver, being the
local tourism industry.
As highlighted elsewhere in this Chapter, the resort will remain a resort in
terms of its design, construction, function and operation, irrespective of the
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proposed use of the specified units. Very few owners will permanently
occupy their dwelling unit, allowing the vast majority of the specified units to
remain in the resort letting pool. As such, the resort will continue to
contribute to the economic wellbeing of Noosa
10. Disparity in residential mix between comparable resorts
An examination of the mix of accommodation types in other large resort sites
which can be considered comparable to the Viridian Noosa development
reveals the percentage of dwellings available for longer term stays or
permanent occupation is significantly higher than the Viridian Noosa
development.
Table 6.2.10 below provides a summary of the mix of accommodation types
within the Noosa Springs and Settlers Cove developments compared to the
approved and proposed Viridian Noosa development.
Noosa Springs and Settlers Cove are both located in Noosa and, although
larger in size than Viridian Noosa, generally provide a similar product in
terms of age, quality and level of associated facilities. Notwithstanding these
similarities, there is a striking disparity in the allowable residential mix
between the three resorts, for which there is no apparent justification.
Table 6.2.10 – SUMMARY OF ACCOMMODATION TYPES IN COMPARABLE RESORTS
RESORT TOTAL RESORT MULTIPLE %
UNITS COMPONENT2 HOUSING DWELLING
Noosa Springs3 744 2004 544 73%
5
Settlers Cove 344 199 145 42%
Viridian Noosa – 229 198 31 13.5%
current 6
Viridian Noosa - 229 158 71 31%
proposed7
r2 Where a permanent living restriction has been imposed
3
Data obtained from Sunshine Coast Regional Council Strategy and Planning Committee Meeting Agenda dated 15 October
2008 and 20 October 2008
4
The approved Plan of Development for Noosa Springs indicates a Resort Hotel has been approved for Precinct F providing
200 accommodation units. It is assumed that permanent occupation is restricted in the Resort Hotel.
5
Data obtained from Sunshine Coast Regional Council Strategy and Planning Committee Meeting Agenda dated 31 March
2010.
6
The current Viridian Noosa development is the integrated development as a whole as currently approved, and includes
Viridian Residences and Bayview Road/Angler Street residences
7
The proposed Viridian Noosa development includes the 40 specified units and penthouses, Viridian Residences (23
dwellings) and Bayview Road/Angler Street residences (8 dwellings)
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7. Recommendation
The Applicant’s proposal is for the occupation of 14 penthouses and 24 resort villas
units within the existing, approved Viridian Noosa development on a short term,
semi-permanent or permanent basis.
The proposed change of use of the subject villas and penthouses does not affect
any other dwelling units in the Resort which may be occupied only for short term
accommodation in accordance with the development approval for the Resort.
The proposal does not involve building work and does not require any modification
of the existing built form, services or infrastructure already provided on site. As
the proposal applies to already constructed villas and penthouses, no vegetation
clearing, landscaping or other operational works are required, which have not
already occurred under previous approvals.
According to Section 326 of the SPA:
“(1) The assessment manager’s decision must not conflict with a relevant
instrument unless—
(a) the conflict is necessary to ensure the decision complies with a State
planning regulatory provision; or
(b) there are sufficient grounds to justify the decision, despite the
conflict; or
(c) the conflict arises because of a conflict between—
(i) 2 or more relevant instruments of the same type, and the
decision best achieves the purposes of the instruments; or
(ii) 2 or more aspects of any 1 relevant instrument, and the
decision best achieves the purposes of the instrument.”
The proposed development generally complies, and is consistent with the relevant
and applicable provisions of the statutory town planning framework, including the:-
Sustainable Planning Act 2009;
Sustainable Planning Regulation 2009;
South East Queensland Koala Conservation State Planning Regulatory
Provisions
South East Queensland Regional Plan;
Noosa Shire Council Planning Scheme.
The extent of any inconsistency or conflict with the applicable planning scheme
provisions is limited to the proposed development being an inconsistent use for the
subject site as identified in Specific Outcome O40, Section 9.20 of the Specific
Outcome and Probable Solutions for the Attached Housing Zone (Division 18) of the
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Noosa Heads Locality Code. The extent of this conflict is minor based on a technical
assessment of the impacts of the proposal, as the proposal satisfies the overall
outcomes of the Noosa Locality Code, which relevantly seek to ensure that:
(a) visitor accommodation remains the primary focus of Noosa Heads;
(b) resident populations are accommodated in both detached and attached
housing with high levels of residential amenity and high levels of
convenience, accessibility and services;
(c) substantial key sites are protected for resort developments; and
(d) within the Attached Housing Zone, residents and visitors are accommodated
in predominantly Multiple housing forms which offer a higher level of
residential amenity, design quality and safety and respect the scale and
character of the streetscape and surrounding development.
Sufficient planning grounds are submitted (Section 6.0) which justify the minor
conflict. The proposed development comprises high quality attached housing
designed to cater for visitors of any length of stay. The accommodation provides
very high levels of amenity, convenience, accessibility and services, wholly
integrated yet self contained within an existing resort. The proposal provides the
owners of the specified units with the flexibility to use the dwellings on terms more
suitable to their lifestyle and needs. Research undertaken by KPMG confirms that
very few owners would permanently occupy their dwelling unit and that units are
likely to remain available to the Resort through the letting pool. As the units within
the proposed development remain available to the Resort, the units can still be
used to accommodate visitors to Noosa. The proposal does not alter the function of
the development or the use of the site, which will remain an integrated tourist
resort in look, feel and function. The economic impacts of the proposed
development on the Noosa tourism industry are expected to be marginal.
Accordingly, we recommend that this development application be considered
favourably by Council and the relevant Concurrence Agencies, and be approved
subject to reasonable and relevant conditions.
HUMPHREYS REYNOLDS PERKINS
PLANNING CONSULTANTS
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Figures
Figure 1 – Location Plan
Figure 2 – Site Plan
Figure 3 – Aerial Photograph
Figure 4 – Proposed Development Lots
Figure 5 – SEQ Regional Plan
Figure 6 – Zone Map
Figure 7 – Biodiversity Overlay Map
Figure 8 – Landslide and Flooding Overlay Map
Figure 9 – Bushfire & Acid Sulfate Soils Overlay Map
Figure 10 – Koala Habitat Areas Map
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1
F IGUR E
SUBJECT SITE
0 100 200 300 400 metres
N 1:10,000
HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS
VIRIDIAN NOOSA: MORWONG DRIVE,
LEGEND
NOOSA HEADS
SUBJECT SITE
Location Map
FILENAME > LOCATION MAP DATE > 09 SEPTEMBER 2010
JOB NO. > 10BR087 AMENDED > N/A
SCALE > 1:10,000 VERSION > 1.0
SOURCE > AUSWAY: BRISWAY 2011 STREET DIRECTORY (version 5)
FIGURE 1
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DR IV E OOD
MOR W
E
DR I V
2
F IGUR E
BA
YV
IE
W
E
A
U
OS
AV EN
RO
NO
AD
NE T T
R BEN
EDGA
AV ENUE
TT
BE NNE
E D GA R
LEGEND
SUBJECT SITE
0 30 60 90 120 metres
N 1: 3,000
AN
GL
ER
HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS ST
RE
ET
VIRIDIAN NOOSA: MORWONG DRIVE,
NOOSA HEADS
Site Plan
FILENAME > SITE PLAN DATE > 09 SEPTEMBER 2010
JOB NO. > 10BR087 AMENDED > N/A V IE W L A
ND
SCALE > 1: 3,000 VERSION > 1.0 DR IV E
SOURCE > QUEENSLAND GOVERNMENT SmartMap dated 06.09.2010
FIGURE 2
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H A S T IN
GS
STREE T
DR IVE
3
NO
OSA
F IGUR E
G
MORWON
PA R A D
E
E
IV
SUBJECT SITE
DR
NOOS A
V IE W L A N
D
D R IV E
0 50 100 150 200 metres
N 1: 5,000
HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS
VIRIDIAN NOOSA: MORWONG DRIVE,
LEGEND
NOOSA HEADS
SUBJECT SITE
Aerial Photograph
FILENAME > AERIAL PHOTOGRAPH DATE > 09 SEPTEMBER 2010
JOB NO. > 10BR087 AMENDED > N/A
SCALE > 1: 5,000 approx. VERSION > 1.0
SOURCE > NEARMAPS (photo taken 21.07.10)
FIGURE
3
Page 47
DR IV E OOD
MOR W
E
DR I V
4
F IGUR E
BA
YV
IE
W
RO
E
A
AD
U
OS
AV EN
NO
BLOCK A
4 villas
BLOCK J
7 villas
BLOCK B
3 villas
NE T T
R BEN
BLOCK C
8 villas
EDGA
BLOCK V
BLOCK I
1 upper level penthouse
BLOCK H BLOCK D
2 upper level penthouses 8 penthouses over 4 levels
BLOCK G
LEGEND 3 upper level penthouses
SUBJECT SITE
BLOCK E
CURRENT REQUEST to remove restriction on 1 villa
permanent living
Villas (24)
BLOCK F
Penthouses (14)
1 villas
0 30 60 90 120 metres
N 1: 3,000
AN
GL
ER
ST
HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS
VIRIDIAN NOOSA: MORWONG DRIVE,
NOOSA HEADS
Proposed Development Lots
FILENAME > PROPOSED LOTS DATE > 09 SEPTEMBER 2010
V IE W L A
ND
JOB NO. > 10BR087 AMENDED > 30 NOVEMBER 2010
DR IV E
SCALE > 1: 3,000 VERSION > 2.0
SOURCE > NEARMAPS (photo taken 21.07.10)
FIGURE 4
Page 48
5
F IGUR E
SUBJECT SITE
0 50 100 150 200 metres
N 1: 5,000
HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS
VIRIDIAN NOOSA: MORWONG DRIVE,
LEGEND
NOOSA HEADS
SUBJECT SITE
URBAN FOOTPRINT
REGIONAL LANDSCAPE AND RURAL PRODUCTION AREA
SEQ Regional Plan
FILENAME > SEQRP MAP DATE > 09 SEPTEMBER 2010
JOB NO. > 10BR087 AMENDED > N/A
SCALE > 1: 5,000 approx. VERSION > 1.0
SOURCE > QUEENSLAND GOVERNMENT: Department of Infrastructure and
Planning: South East Queensland Regional Plan 2009-2031
FIGURE
5
Page 49
6
F IGUR E
SUBJECT SITE
0 80 160 240 320 metres
N 1: 8,000
HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS
VIRIDIAN NOOSA: MORWONG DRIVE,
LEGEND
NOOSA HEADS
SUBJECT SITE
DETACHED HOUSING
SEMI-ATTACHED HOUSING
Zone Plan
ATTACHED HOUSING
VISITOR MIXED USE
BUSINESS CENTRE
COMMUNITY SERVICES FILENAME > ZONE PLAN DATE > 09 SEPTEMBER 2010
OPEN SPACE RECREATION
JOB NO. > 10BR087 AMENDED > N/A
OPEN SPACE CONSERVATION
SCALE > 1: 8,000 VERSION > 1.0
SOURCE > SUNSHINE COAST REGIONAL COUNCIL: The Noosa Plan (May 2009)-
Zone Map ZM6 - Noosa Heads
FIGURE 6
Page 50
7
F IGUR E
SUBJECT SITE
0 80 160 240 320 metres
N 1: 8,000
HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS
VIRIDIAN NOOSA: MORWONG DRIVE,
LEGEND
NOOSA HEADS
SUBJECT SITE
ENVIRONMENTAL PROTECTION AREA
ENVIRONMENTAL ENHANCEMENT AREA
Biodiversity Overlay Map
WATERCOURSES AND DRAINAGE LINES
RIPARIAN BUFFER AREA
KOALA HABITAT AREAS
FILENAME > BIODIVERSITY OVERLAY MAP DATE > 09 SEPTEMBER 2010
JOB NO. > 10BR087 AMENDED > N/A
SCALE > 1: 8,000 VERSION > 1.0
SOURCE > SUNSHINE COAST REGIONAL COUNCIL: The Noosa Plan (May 2009)-
Map OM6.1 - Noosa Heads Biodiversity Overlay
FIGURE
7
Page 51
8
F IGUR E
SUBJECT SITE
0 80 160 240 320 metres
N 1: 8,000
HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS
VIRIDIAN NOOSA: MORWONG DRIVE,
LEGEND
NOOSA HEADS
SUBJECT SITE
LANDSLIDE HAZARD AREA
FLOOD HAZARD AREA
Landslide and Flooding
STREAMS, RIVERS AND DRAINAGE LINES
AREA SUBJECT TO MINIMUM FLOOR HEIGHT
Overlay Map
FILENAME > LANDSLIDE AND FLOODING DATE > 09 SEPTEMBER 2010
JOB NO. > 10BR087 AMENDED > N/A
SCALE > 1: 8,000 VERSION > 1.0
SOURCE > SUNSHINE COAST REGIONAL COUNCIL: The Noosa Plan (May 2009)-
Map OM6.3 Noosa Heads Natural Hazard: Landslide & Flooding
Overlay
FIGURE 8
Page 52
9
F IGUR E
SUBJECT SITE
0 80 160 240 320 metres
N 1: 8,000
HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS
VIRIDIAN NOOSA: MORWONG DRIVE,
LEGEND
NOOSA HEADS
SUBJECT SITE
MEDIUM BUSHFIRE HAZARD AREA
HIGH POTENTIAL ACID SULFATE AREA 0-5m AHD
Bushfire and Acid Sulfate
LOW POTENTIAL ACID SULFATE AREA 5-20m AHD Soils Overlay Map
FILENAME > BUSHFIRE OVERLAY MAP DATE > 09 SEPTEMBER 2010
JOB NO. > 10BR087 AMENDED > N/A
SCALE > 1: 8,000 VERSION > 1.0
SOURCE > SUNSHINE COAST REGIONAL COUNCIL: The Noosa Plan (May 2009)-
Map OM6.4 - Noosa Heads Natural Hazard: Bushfire and Acid
Sulfate Soils Overlay
FIGURE 9
Page 53
10
F IGUR E
SUBJECT SITE
0 200 400 600 800 metres
N 1: 20,000
HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS
VIRIDIAN NOOSA: MORWONG DRIVE,
LEGEND
NOOSA HEADS
SUBJECT SITE
KOALA CONSERVATION AREA
KOALA LIVING AREA
Koala Habitat Areas Map
KOALA SUSTAINABILITY AREA
URBAN KOALA AREA
FILENAME > KOALA HABITAT AREA MAP DATE > 09 SEPTEMBER 2010
JOB NO. > 10BR087 AMENDED > N/A
SCALE > 1: 20,000 VERSION > 1.0
SOURCE > SUNSHINE COAST REGIONAL COUNCIL: The Noosa Plan (May 2009)-
Schedule 7 Map - Koala Habitat Areas
FIGURE 10
Page 54
Photographs HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS 20-Dec-10 - 10BR087.R01.010.docx
Page 55
Page 56
———J Blocks Villas - Lotsteme- he 10101, 10102, 10103, 10104, 10105
Page 57
Page 58
Carparking adjacent to H Block Carparking adjacent to H Block
Page 59
J Block Villas Lot 10107 » Nak : ‘ie i>; - Lot 10106
Page 60
Page 61
Page 62
Page 63
meee tet dd dia d ; y TiS SORGG a POO er we ew aamarzn. \ . ay ' ‘ o o a A KL 4, AAA
Page 64
Page 65
Page 66
Page 67
Page 68
Appendices
Appendix A – Statement of Code Compliance
Appendix B –Typical Layout Plans
Appendix C – Traffic Engineering Report
Appendix D – Market Research Report
Appendix E – Economic Assessment of Noosa Tourism Industry
Appendix F – Certificate of Title and Survey Plan
Appendix G – CLR / EMR Extracts
Appendix H – Viridian Resort Community Titles Scheme
Appendix I – Proposed Car Parking Plans
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Appendix A
STATEMENT OF CODE COMPLIANCE
PREPARED BY HUMPHREYS REYNOLDS PERKINS
A1 – Noosa Plan Desired Environmental Outcomes
A2 - Overall Outcomes of Noosa Heads Locality
A3 - Specific Outcomes and Probable Solutions of Noosa Heads Locality
A4 - Specific Outcomes and Probable Solutions of Attached Housing Zone
A5 – Overall Outcomes of Residential Uses Code
A6 - Specific Outcomes and Probable Solutions of Residential Uses Code
A7 - Overall Outcomes of Driveways and Carparking Code
A8 - Specific Outcomes and Probable Solutions of Driveways and
Carparking Code
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A1 - NOOSA PLAN DESIRED ENVIRONMENTAL OUTCOMES
REFERENCE PROVISION COMPLIANCE
SPECIFIC OUTCOMES SOUGHT FOR THE DESIRED ENVIRONMENTAL OUTCOMES
Agricultural Uses
3.1.3 (a) Agricultural industry is maintained by- Not applicable.
i. conserving land for economically viable and environmentally The proposed development does not include agricultural uses and is
sustainable agricultural purposes; not situated on good quality agricultural land.
ii. preventing the fragmentation of good quality agricultural
land;
iii. facilitating the growth of non-traditional, though high value,
crops which have minimal impact on the natural environment
or adjacent crops;
iv. facilitating the growth of non-traditional animal husbandry
practices such as aquaculture where it does not alienate
good quality agricultural land or have a detrimental impact
upon the environment;
v. protecting agricultural pursuits from incompatible uses;
vi. facilitating the growth of farm forestry practices;
vii. value adding to farm produce to enhance economic viability;
and
viii. adopting water and energy efficient practices.
Commercial and Retail Uses
3.1.3 (b) A hierarchy of centres with a range of Commercial and Retail business Not applicable.
uses provide suitable levels of amenity, service and access to the The proposed development does not include commercial and retail
community, consistent with the community's location and needs and uses.
is based on-
i. a proportion of the Shire's higher order needs fulfilled by
centres in other areas, particularly the key regional centre of
Maroochydore;
ii. the Shire Business Centre, a Major Activity Centre for the
purposes of the SEQ Regional Plan and the highest order
centre within the Noosa Shire, developed in stages
consistent with the needs of the population of the Shire and
northern areas of Maroochy Shire;
iii. protecting the long term viability of the Shire Business
Centre as the principle business, retail and administrative
centre;
iv. recognising that it may be necessary to increase floor space
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REFERENCE PROVISION COMPLIANCE
in existing centres to meet changing needs, provided any
increased floor space does not impact on the successful
operation and development of the Shire Business Centre;
v. business centres at Cooroy, Noosa Junction, Noosaville and
Tewantin;
vi. neighbourhood or visitor centres at Peregian Beach, Sunrise
Beach, Sunshine Beach, Noosa Heads, Noosaville, Tewantin,
Cooroibah and Teewah;
vii. the town of Pomona and the village centres of Kin Kin,
Boreen Point and Cooran;
viii. Uses that comprise a large component of Commercial and
Retail business uses or other non-industrial uses are not
located on land that is otherwise intended for Industrial
business uses;
ix. Home-based business uses that contribute to the economy of
the Shire, but do not reduce surrounding residential amenity
or environmental values; and
x. energy efficiency and water conservation principles.
Community Uses and Facilities
3.1.3 (c) An adequate range of community services and facilities supporting Not applicable.
the physical, safety, artistic and social needs of the community are The proposed development does not include community uses,
equitably distributed having regard to the- services and facilities.
i. location and density of housing;
ii. location of transport infrastructure;
iii. location of business centres;
iv. social, economic and demographic patterns of Noosa Shire;
and
v. function of towns and villages.
Heritage
3.1.3 (d) The indigenous and non-indigenous history, culture and traditions are Not applicable.
reflected in the built and natural heritage of Noosa Shire and are The proposed development is not situated on land designated as a
preserved for future generations. heritage site.
Industrial Business Uses
3.1.3 (e) Industrial uses and extractive and mining uses- Not applicable.
i. provides suitable levels of service and employment to the The proposed development does not include industrial business uses
community; or extractive and mining uses.
ii. promotes the sale of local products;
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REFERENCE PROVISION COMPLIANCE
iii. is predominantly low key, clean and service-orientated;
iv. is underpinned by environmentally sustainable development
practices that avoid adverse impacts on immediate or
surrounding settlements or ecosystems;
v. develops and operates in a sustainable manner, including
prudent use of non-renewable resources;
vi. results in a proportion of the Shire's higher order needs
being fulfilled by facilities located in other areas, particularly
the key regional centre of Maroochydore;
vii. protects industrial areas, valuable extractive and mineral
resources and associated heavy vehicle haul routes,
particularly from the encroachment of incompatible
development, for the ongoing benefit of the community; and
viii. utilises water and energy efficient practices.
Natural Resources
3.1.3 (f) Renewable natural resources are used sustainably and non-renewable Complies.
natural resources are used prudently. The use of natural resources The proposed development will not adversely impact upon natural
does not have a significant adverse impact upon other land uses. resources.
Natural resources include-
i. water;
ii. fisheries and forest resources;
iii. coastal resources;
iv. soil resources; and
v. extractive and mining resources
Open Space, Environment and Conservation Functions
3.1.3 (g) Networks of open space and natural habitat, vegetated lands, and Complies.
riparian zones along waterways- The proposed development will not adversely impact upon open
i. are sensitively managed and protected from any adverse space, environment and conservation functions. The proposed
impacts, including cumulative impacts, resulting from development is wholly situated within an existing, approved resort
development; development. The proposed development does not alter existing
ii. set Noosa Shire apart from other coastal parts of south-east arrangements for the protection of open space, environment and
Queensland by strongly protecting the natural environment; conservation functions on the subject site, including protective
covenants.
iii. support the economy through the tourism industry;
iv. define the boundaries to or of each of the distinct urban
localities of the Shire;
v. protect water quality, landscape stability and biodiversity;
vi. provide passive, nature-based recreational and educational
opportunities;
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REFERENCE PROVISION COMPLIANCE
vii. enhance visual amenity; and
viii. provide linkages beyond the Shire's boundaries
Sport and Recreation Uses
3.1.3 (h) The creation of sport and recreation opportunities, strongly relating to Not applicable.
the outdoors, are established to facilitate social interaction, healthy The proposed development does not include sport and recreation
lifestyles and appreciation and protection of the Shire's natural, uses.
cultural and community assets including-
i. the subtropical climate;
ii. the beaches, watercourses and foreshores;
iii. the national parks and bushland;
iv. the iconic mountains and landforms;
v. cultural traditions; and
vi. sporting fields and facilities
Residential Uses
3.1.3 (i) Urban and rural settlement for residential use is developed to be Complies.
consistent with- The proposed development provides for residential uses located
i. the planned capacity for roads, community services and within an existing, approved resort, and does not alter the existing
infrastructure for the particular locality; character and amenity of the locality, the landform and
ii. the expectations of the Shire's population to have access to environmental conditions or the energy efficiency and water
a broad range of safe, secure and affordable housing; conserving design principles of the resort. The proposed
development does not impact upon the efficiency of the existing
iii. the expected character and amenity for the particular
locality; transport infrastructure, including road network, the expectations of
the Shire's population to have access to a broad range of safe,
iv. the landform, natural environmental and climatic conditions secure and affordable housing. The proposal adds to the range of
of the locality; safe and secure housing available in the former Noosa Shire.
v. energy efficiency and water conserving design principles;
vi. convenience and accessibility to urban services; and
vii. suitable separation from incompatible land uses.
Tourism
3.1.3 (j) A tourism industry is development and sustained which- Complies.
i. is based on the Shire's natural assets including the The proposed development does not include tourism uses, but is
subtropical climate, the beaches, watercourses and located within a tourist resort. The proposed development provides
foreshores, and the National Parks and bushland; for the short term, semi-permanent or permanent occupation of
ii fosters an appreciation and understanding of heritage; dwelling units within the existing resort, providing a range of
accommodation types for owners, guests and visitors. The owners
iii. focuses on the coastal localities of Noosa Heads, Noosaville,
and occupiers of the specified dwelling units are expected to
Sunshine Beach and Peregian Beach, but provides
contribute to the economic wellbeing of the Shire, and particularly
complementary rural visitor accommodation;
Hastings Street, Noosa Junction and Noosa Civic, by patronising the
iv. offers visitors a range of experiences and accommodation
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REFERENCE PROVISION COMPLIANCE
types; various restaurants, bars and shops for the grocery, food and retail
v. contributes to the economic wellbeing of the Shire; and shopping needs.
vi. achieves ecological, economic and social sustainability.
Transport and Mobility Functions
3.1.3 (k) Community access for all is provided to a range of safe and efficient Complies.
transport choices appropriate to community needs considering the The proposed development does not alter the existing arrangements
location of residential uses, community and shopping facilities, leisure on site for access, which remains highly accessible and well serviced
opportunities and employment. These transport choices include- by existing transport infrastructure, including an efficient road
i. affordable community transport, including on the roads and network, nearby public transport facilities, car parking spaces and
the Noosa River; pedestrian and cyclist circulation facilities.
ii private vehicle;
iii. cycling; and
iv. walking.
Infrastructure and Services
3.1.3 (l) i. The efficient provision and use of services such as water, Complies.
sewerage, power, telecommunications and waste disposal The proposed development does not alter the existing infrastructure
caters for the needs of residents and visitors, relative to services arrangements on site. The subject site has convenient
their location within the Shire. access to all necessary infrastructure to accommodate the proposed
ii. The ongoing viability of existing infrastructure services and development, including water supply, sewer, stormwater drainage,
facilities are protected from the impacts of future electricity supply and telecommunications and will not impact upon
development. the ongoing viability of these services for the broader community.
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A2 - OVERALL OUTCOMES FOR THE NOOSA HEADS LOCALITY
PROVISION RESPONSE
OVERALL OUTCOMES SOUGHT FOR THE NOOSA HEADS LOCALITY CODE
9.8.2 The overall outcomes sought from the Noosa Heads Locality are Complies
the following— The proposed development is consistent with the overall outcomes of the
a) New uses and works are located, designed and managed Noosa Heads Locality.
to— The proposed development is wholly integrated within an existing resort which
i be compatible with other uses and works; is sympathetic to the natural environment and offers very high levels of
ii maintain the safety of people and works; amenity, convenience, accessibility and services. The villas are located in
iii avoid significant adverse impacts on the amenity precincts accessed by their own private roads. The penthouses are generally
enjoyed by users of other premises, including located on the top level of buildings, or separated from the remaining units.
acoustic and visual qualities; and The proposed development will not physically change the built form of the
Resort. There is no proposed physical change to the parking and traffic
iv avoid significant adverse effects on the natural circulation facilities. There are no amenity impacts as a result of the proposed
environment; development, either on or off the site. There is no change in the intensity of
b) Noosa Heads remains a primary focus for Visitor the use or the site population density. There is no visual change to the Resort
accommodation and associated services in Noosa; development in any respect. There are no external impacts.
c) Hastings Street’s character of low rise buildings, vibrant The proposal does not change the function of the Resort as a resort. Units
streetscape, mix of indoor and outdoor activities, diverse within the proposed development which are not being used by owners remain
dining opportunities, specialty Retail businesses and available to the Resort through the letting pool. Thus Noosa Heads remains
pedestrian links to Main Beach is maintained; the primary focus for visitor accommodation.
d) Resident populations are accommodated in both detached
and attached housing with high levels of residential amenity
and high levels of convenience, accessibility and services;
e) The locality provides for a range of Community Uses,
which contribute to Noosa’s economy and employment
base;
f) Sunshine Beach Road (David Low Way), Eenie Creek Road,
Noosa Drive and Weyba Road continue to provide a good
standard of access for through traffic as part of Noosa’s
major road network;
g) A public transport node is located within the locality and
links public transport services to other centres throughout
the Sunshine Coast and beyond;
h) Key recreation focal points, including Noosa National Park,
Noosa River foreshore and mouth, Noosa Main Beach and
Lion’s Park are protected for residents and visitors;
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PROVISION RESPONSE
i) Water quality in the watercourses of the Noosa Heads
Locality are maintained at high standards.
j) Areas of native remnant and regrowth vegetation, including
their biodiversity and habitat values are protected.
k) Land that has natural environmental values and cultural
heritage values is protected and maintained for future
generations, including the following—
i Noosa National Park and Keyser Island and Weyba
Creek conservation parks;
ii the vegetated hills which frame Noosa Heads,
Laguna Bay, Noosa Inlet and Hastings Street;
iii Noosa Spit and the beaches;
iv the foreshore areas of the Noosa River, Lake
Weyba, Weyba Creek and their associated riparian
communities;
v the koala corridor between the various parts of the
Noosa National Park and vegetation stands around
Lake Weyba;
vi the vegetated drainage lines through residential
estates; and
vii private land with native vegetation communities;
l) Substantial key sites are protected for resort developments,
which focus on Noosa’s natural low key outdoor appeal and
cultural values.
o) For the Attached Housing Zone—residents and visitors
are accommodated in predominantly Multiple housing
forms that—
i offer a high level of residential amenity, design
quality and safety; and
ii respect the scale and character of the streetscape
and surrounding development;.
u) For the Open Space Conservation Zone—natural
environmental values of high order and warranting
conservation status are—
i protected for their importance in contributing to
ecological sustainability including maintenance of
water quality and provision of habitat and open
space linkages; and
ii appropriately managed to the general exclusion of
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PROVISION RESPONSE
development or any further subdivision of freehold
lots.
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A3 - NOOSA HEADS LOCALITY CODE
SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE
SPECIFIC OUTCOMES AND PROBABLE SOLUTIONS SOUGHT FOR THE NOOSA HEADS LOCALITY PLAN
Effects of use
Amenity
O1 Uses are located, designed and operated to avoid S1.1 No solution provided. Complies
significant adverse changes to the light, air quality, The proposed development is wholly
noise, accessibility or other conditions enjoyed by contained within the existing resort
users of associated, adjoining or nearby uses. development and does not cause
any adverse changes to the light,
air quality, noise, accessibility or
other conditions enjoyed by users of
associated, adjoining or nearby uses
Major Road Network
O2 The visual amenity and character surrounding the S2.1 No solution provided. Not Applicable
major road network, including Sunshine Beach Road The proposed development does not
(David Low Way), Eenie Creek Road, Noosa Drive and alter the visual amenity and
Noosa Parade, is protected and enhances the character surrounding the major
entrances to Noosa Heads through— road network as it is self contained
a) retaining and enhancing the visual and within an existing approved resort
physical separation of Noosa Heads from nestled in a valley at the foot of
neighbouring localities; Noosa Hill, so as not to be visible
b) ensuring future development does not from the entrances to Noosa Heads.
encroach upon existing vegetation within the
road reserve; and
c) utilising dense landscaping and earth
mounding (rather than fencing and walls) for
visual screening and noise attenuation;
AND
O3 Development generates traffic demands that are S3.1 No solution provided. Complies
consistent with the future capacity of the road The proposed development is not
network. expected to generate additional
traffic demands beyond what is
expected for the existing, approved
resort.
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SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE
Scenic Vistas
O4 Aesthetic and cultural values of the natural landscape S4.1 No solution provided. Not Applicable
are maintained through protecting important scenic The proposed development is wholly
vistas— contained with the existing,
a) from the streets, beaches and other public approved resort and does not
spaces; impact upon the aesthetic and
b) to the ocean, river, coastal lowlands and the cultural values of the natural
vegetated backdrop of Noosa Hill; landscape, which will remain
unchanged.
c) within Little Cove– vistas over Laguna Bay
and to the Noosa National Park and the
vegetation stands, part of the hills and sand
dunes;
d) within Cooloola and Weyba Park Estates– the
scenic view of Noosa National Park and
Weyba Creek; and
e) within Noosa Sound– vistas across Noosa
River.
Mobile business uses
O5 Business Uses located within the road reserve or on S5.1 No solution provided. Not Applicable
the beach (particularly in the vicinity of Hastings The proposed development does not
Street, Noosa Main Beach and Noosa National Park) involve a mobile business use.
offer goods and services that directly benefit visitors
and complement the range of visitor experiences
available in the locality, such as mobile food vendors
and learn to surf classes.
Built form
Density
O6 The density of development within the site area— S6.1 No solution provided. Not Applicable
a) is compatible with surrounding development; The proposed development does not
b) does not exceed— alter the density of the existing
resort development.
i. for the Semi-Attached Housing
Zone:
A. for sites between 500m2
and 599m2 inclusive — 4.8 persons;
B. for sites 600m2 or more —
6.6 persons or 100 persons per
hectare whichever is the higher;
ii. for the Attached Housing Zone—a
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SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE
maximum population density of 160
persons per hectare, with the
following exceptions:-
A. Lot 603 on SP188270 in
Serenity Close, where the allowable
population density is 250 persons
per hectare
B. Lot 889 SP203086 being
the Viridian Noosa Resort in
Viewland Drive where the allowable
population density is 100 persons
per hectare;
iii. Business Centre Zone—a maximum
population density of 100 persons
per hectare; and
iv. Visitor Mixed Use Zone—a maximum
population density of 280 persons
per hectare; and
v. for the Community Services Zone
maximum population density of 320
persons per hectare exclusively for
the purposes of Residential Aged
Care and 160 persons per hectare
for any other form of Retirement &
Special Needs Housing; and
c) has a low site impact to enhance the
opportunity to maintain natural site
characteristics, including native vegetation
and natural landforms.
Height
O7 Buildings and other structures— S7.1 Buildings and other structures have a Not Applicable
a) present a building height consistent with maximum building height of— The proposed development does not
structures on adjoining and surrounding a) for the Business Centre Zone–12m; alter the height of the existing
land; or approved resort development.
b) do not exceed a maximum building height b) for the Visitor Mixed Use Zone—
of— i. Northern side of Hastings
i For the Business Centre Zone– 3 Street—
storeys; or A. within 7m of the
ii For the Visitor Mixed Use Zone— Hastings St alignment –
A. Northern side of Hastings 6m;
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Street— B. balance area of
within 7m of the Hastings site – 15m with a 12m
St alignment – 2 storeys; or presentation to the beach;
or
balance area of site – 4
storeys with a 3 storey ii. Southern side of Hastings
presentation to the beach; or Street—
B. Southern side of Hastings A. within 10m of the
Street— Hastings St or Noosa Drive
within 10m of the Hastings alignments – 6m;
St or Noosa Drive alignments– B. balance area of
2 storeys; or site –15m; or
balance area of site – 4 c) for Attached Housing Zone—12m
storeys; or with the exception of Lot 603 on
SP188270 in Serenity Close, where
iii For Attached Housing Zone — 3
a maximum height of 15m is
storeys with the exception of Lot
permitted; or
603 on SP188270 in Serenity Close,
where a maximum height of 4 d) for any other zone— 8m;
storeys is permitted; or
iv For any other zone— 2 storeys;
c) do not visually dominate the street or
surrounding spaces;
d) preserve the amenity of surrounding land;
e) respect the scale of surrounding vegetation;
f) respond to the topography of the site by
minimising cut and fill (eg. stepping down
the site or using a suspended pole
construction); and
g) maintain a mature vegetated skyline.
Setbacks
O8 Buildings and other structures are appropriately S8.1 Buildings and structures comply with the Not Applicable
designed and sited to- setbacks identified in Schedule 1 - Minimum The proposed development does not
a) provide amenity for users of the premises as Boundary Setbacks. alter the setbacks of the buildings
well as preserve the visual and acoustic and structures of the existing,
amenity of adjoining and nearby properties; approved resort development.
b) provide adequate distance from adjoining
land uses;
c) preserve any existing vegetation that will
buffer the proposed building;
d) allow for landscaping to be provided between
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buildings;
e) maintain the visual continuity and pattern of
buildings and landscape elements within the
street;
f) protect public safety and property within
erosion prone areas by ensuring such areas
are maintained largely free of development;
and
g) help protect the natural character and visual
amenity of coastal areas and watercourses
Site Cover, Gross Floor Area and Plot Ratio
O9 The site cover, gross floor area and plot ratio of S9.1 No solution provided. Not Applicable
buildings and other roofed structures— The proposed development is wholly
a) results in a building scale that is compatible contained with the existing,
with surrounding development; approved resort and does not
b) does not present an appearance of excessive change the built form of the
bulk to adjacent properties, roads or other development to affect its bulk and
areas in the vicinity of the site; scale or the outdoor recreation,
c) maximises the retention of existing entertainment, clothes drying and
vegetation and allows for soft landscaping other site facilities. No vegetation
between buildings; will be affected by the proposed
development and no change will be
d) allows for adequate area at ground level for made to the onsite arrangements
outdoor recreation, entertainment, clothes for stormwater management and
drying and other site facilities; and vehicular access.
e) facilitates onsite stormwater management
and vehicular access.
O10 Site cover— S10.1 No solution provided. Not Applicable
a) for a class 1 or class 10a structure within the The proposed development does not
Detached Housing Zone, does not exceed— alter the site cover of the existing,
i for a single storey building - 50%; approved resort development.
or
ii for a building of 2 or more storeys -
50% on the ground floor and 30%
for the upper storey(s), or 40% for
all storeys for a building of 2 or
more storeys;
b) for other classes within the Detached House
Zone does not exceed 40%;
c) for the Semi-Attached Housing Zone does not
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exceed 40%;
d) for the Attached Housing Zone does not
exceed 40%; or
e) for the Visitor Mixed Use Zone does not
exceed 45%;
O11 For Multiple Housing Type 2 buildings have a S11.1 No solution provided. Not applicable.
maximum plot ratio of 0.45:1. The proposed development does not
include Multiple Housing Type 2
buildings
O12 For Multiple housing Type 3 or 4, Visitor S12.1 No solution provided. Not Applicable
accommodation Type 4 and the accommodation The proposed development does not
unit component of an Entertainment and dining alter the gross floor area of the
business Type 3 (hotel)—the maximum a gross dwellings within the existing,
floor area is equivalent to the maximum allowable approved resort development.
population in persons multiplied by 40m2.
O13 For the Visitor Mixed Use Zone, the maximum gross S13.1 No solution provided. Not applicable.
floor area equals the allowable population in persons The proposed development is not
multiplied by 40m2, provided that the gross floor area situated in the Visitor Mixed Use
does not exceed 13,600m2 Zone.
O14 For the Neighbourhood Centre Zone and the Business S13.1 No solution provided. Not applicable.
Centre Zone, the maximum plot ratio does not exceed The proposed development is not
– situated in the Visitor Mixed Use
a) 0.8:1 for the first 2,000m2 of site area; plus Zone.
b) 0.3:1 for the balance of the site area in
excess of 2,000m2.
Roof Form
O15 Roof forms— S15.1 The main roof of the building has a roof pitch Not Applicable
a) contribute positively to the local skyline; no less than 5 degrees and has minimum The proposed development does not
b) complement the character of the locality; 600mm eaves to at least 75% of the alter the roof form of the existing,
perimeter of the building; approved resort development or
c) use soft and articulated, pitched, skillion or
curved roof forms; AND include roof top terraces.
d) avoid low pitched (eg. less than 5 degrees) S15.2 Buildings and structures do not include roof
or box profiles/parapets; and top terraces.
e) do not create opportunities for residents to
overlook the private open space areas of
neighbouring properties.
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Flooding and Drainage
O16 Buildings and other works are designed and sited to- S16.1 For new buildings or structures or additions Not applicable.
a) provide flood free access to premises and of more than 50m2 gross floor area to an The proposed development does not
flood free habitable areas; existing building or structure, floor levels for include new buildings or structures
b) allow only minor, short term and infrequent habitable rooms are not less than the or additions of more than 50m2
flooding of non-habitable areas; specified minimum floor levels; gross floor area to an existing
AND building or structure
c) ensure drainage does not adversely impact
upon other premises; and S16.2 Where Council infrastructure is available- Complies.
d) ensure filling or excavation does not a) any drainage (including buildings The subject site has convenient
adversely impact upon other premises by- and yards) flows to that access to all necessary
i. causing ponding on the site or infrastructure; and infrastructure to accommodate the
nearby land; b) the infrastructure has the capacity proposed development, including
ii. increasing flooding, which adversely to accept any additional loading; water supply, sewer, stormwater
affects the safety or use of any land AND drainage, electricity supply
upstream and downstream; and
S16.3 For Residential Uses— Not applicable.
iii. adversely affecting the flow of water
a) where slab on ground construction The proposed development does not
in any overland flow path.
is used, filling does not extend alter the built form of the existing
more than 1m beyond the building resort development.
footprint and access to car parking
areas, measured from the outer
walls of the building ; or
b) the design consists of a suspended
floor construction;
AND
S16.4 Car parking and manoeuvring areas are Not Applicable
constructed at a level that permits the The proposed development does not
parking area to drain from the site by gravity alter the design of the existing car
means, without the need for mechanical parking and manoeuvring areas
S16.5 Basements for residential uses have flood Not Applicable
immunity above the Q100 where alternative The proposed development does not
means to mechanical pumping are used to alter the design of the existing car
achieve such immunity; or parking areas
S16.6 Basements for non-residential uses have
flood immunity above the Q100 that may be
achieved by means of mechanical pumping
where the mechanical feature is installed
with adequate holding tanks and an
alternative back up power source
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Sloping Sites and Ridgelines
O17 Development on sloping sites- S17.1 Buildings and associated access ways are not Not applicable.
a) is responsive to the natural topography of constructed on land with a slope greater than The proposed development does not
the site and minimises cut and fill; 25% (1 in 4); involve any building work and does
b) does not visually dominate the hill slope or AND not alter the built form of the
interrupt the skyline; existing resort development.
S17.2 Buildings are of split level design that step
c) is integrated with the natural site down the slope or have suspended floor
characteristics including vegetation; and construction;
d) for Multiple housing, takes the form of AND
small separate buildings;
S17.3 Cut or fill is less than 2m in depth;
AND
AND
S17.4 The distance between the ground and the
lowest part of the floor of the building does
not exceed 3m to avoid large under building
areas;
AND
S17.5 Buildings present as more storeys than is
allowed in the relevant zone
O18 On steep slopes or ridgelines which are visible from S18.1 No solution provided Not applicable.
the major road network, areas of public open space, The proposed development does not
the Noosa River or the beaches- involve any building work and does
a) new buildings and structures including not alter the built form of the
outbuildings, are designed so as not to existing resort development.
dominate or detract from the scenic and
environmental qualities of the site and its
setting; and
b) the external colour scheme of buildings is
designed to blend with the natural elements
of its surroundings.
Public transport node
O19 An accessible and safe public transport node is S19.1 A public transport node is located within Not Applicable
established and operated within Noosa Heads that— Noosa Heads as identified in Schedule 5 — The proposed development is not
a) links public transport services to other Map 1. situated on land identified as the
centres on the Sunshine Coast; and location for the public transport
b) forms part of an integrated transport node.
network that is accessible via pedestrian and
bicycle pathways.
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Environment, Conservation and Recreation
Environment and Cultural Heritage Values
O20 There are no significant adverse effects on S20.1 No solution provided. Not Applicable.
biodiversity, native vegetation, native fauna habitat, The proposed development is wholly
landscaped quality, water quality or cultural heritage contained within the existing built
values, including those related to- form of the resort development on
a) changes to natural drainage; the subject site and will not have
b) disturbance to any of the wetland systems; significantly adverse impacts on any
c) management of landslide and fire risk; biodiversity or ecological values of
the site.
d) erosion and the transport of sediments off
site;
e) unmanaged public access;
f) changes to fauna habitat and behaviour; and
g) disturbance of buildings and features,
including natural features of cultural heritage
significance.
Open Space Network
O21 An integrated open space network is established, S21.1 Open space corridors and existing native Not Applicable.
enhanced and protected throughout the locality and- vegetation in areas indicated in Schedule 5 - The proposed development is wholly
a) provided for both passive and active Map 4 are protected from fragmentation and contained within the existing built
recreational pursuits; encroachment by development. form of the resort development on
b) provides connectivity for pedestrians and the subject site and will not alter
cyclists; the existing arrangements in place
c) provide access to community uses and for the protection of open space
buildings, public open space and recreation corridors, native vegetation and
biodiversity values.
areas, the beaches, Noosa National Park and
Noosa River;
d) provides habitat connectivity for wildlife;
e) protects watercourses and drainage lines;
f) protect vegetation on steep slopes; and
e) forms a scenic backdrop for residential
development.
AND
O22 Physical and visual links between public open space S22.1 No solution provided Not Applicable
areas and watercourses are retained. The proposed development is wholly
contained within the existing built
form of the resort development on
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the subject site and will not alter
the existing arrangements in place
for the protection of the
watercourse that traverses the site.
Pedestrian and Bicycle Pathways
O23 Safe and convenient pedestrian and bicycle pathways S23.1 Pedestrian and bicycle pathways are provided Not Applicable.
are provided and retained between and around key and retained where indicated in Schedule 5 - The proposed development does not
destinations. Map 2; alter the existing network of
AND pedestrian and bicycle pathways
through the site linking to the
S23.2 Contributions toward a Pathways Network are
external pathway network
provided in accordance with PSP20.
Recreational opportunities
O24 Key recreation focal points, including Noosa National S24.1 No solution provided Not applicable.
Park, Noosa River foreshore and mouth, Noosa Main No part of the proposed
Beach and Lion’s Park are maintained without development is situated within the
significant changes to their landscape character, key recreation focal points identified
including as a result of increased infrastructure. in O24.
Watercourses
O25 The environmental, economic, amenity and S25.1 No solution provided Not applicable.
transportation values of the Noosa River system is The proposed development is not
protected. situated on the Noosa River system
to impact upon its environmental,
economic, amenity and
transportation values.
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A4 - ATTACHED HOUSING ZONE CODE
SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE
SPECIFIC OUTCOMES SOUGHT FOR THE ATTACHED HOUSING ZONE
Consistent Uses
O39 The following defined uses and use S39.1 No solution provided. Conflict
classes are consistent uses and are The proposed development includes
located in the Attached Housing Zone— Multiple Housing – Type 4 Conventional
a) Commercial business Type on the site of the Viridian Noosa Resort.
1 if an estate sales office; Refer to Chapter 6.0 of this report for
b) Home-based business sufficient grounds to overcome the conflict.
Type 1;
c) Detached house if not on
Lot 889 SP203086 being the
Viridian Noosa Resort at
Viewland Drive or Part of Lot
603 on SP188270 being the
Settlers Cove resort site (as
identified as Lots 10 & 11 on
Plan 1128 RHD OA
Amendment A prepared by
Ken Hicks & Associates and
dated 23 July 2004);
d) Multiple housing if not on
Lot 889 SP203086 being the
Viridian Noosa Resort at
Viewland Drive or Part of Lot
603 on SP188270 being the
Settlers Cove resort site (as
identified as Lots 10 & 11 on
Plan 1128 RHD OA
Amendment A prepared by
Ken Hicks & Associates and
dated 23 July 2004); and
e) Visitor accommodation
Types 1, 2, or 4.
Inconsistent Uses
O40 The following defined uses and use S92.1 No solution provided. Conflict
classes are inconsistent uses and are The proposed development, being Multiple
not located in the Attached Housing Housing – Type 4 Conventional on the
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Zone— site of the Viridian Noosa Resort, is
a) All Agricultural Uses; identified as an inconsistent use.
b) Commercial business Refer to Chapter 6.0 of this report for
unless Type 1 and an estate sufficient grounds to overcome the conflict.
sales office;
c) Entertainment and dining
business;
d) Home-based business
Types 2 or 3;
e) Industrial business;
f) Retail business;
g) All Community Uses;
h) All Infrastructure Uses
i) Detached House if on Lot
889 SP203086 being the
Viridian Noosa Resort at
Viewland Drive or Part of Lot
603 on SP188270 being the
Settlers Cove resort site (as
identified as Lots 10 & 11 on
Plan 1128 RHD OA
Amendment A prepared by
Ken Hicks & Associates and
dated 23 July 2004);
j) Ancillary dwelling unit; and
k) Multiple Housing if on Lot
889 SP203086 being the
Viridian Noosa Resort at
Viewland Drive or Part of Lot
603 on SP188270 being the
Settlers Cove resort site (as
identified as Lots 10 & 11 on
Plan 1128 RHD OA
Amendment A prepared by
Ken Hicks & Associates and
dated 23 July 2004);
l) Visitor accommodation
Type 3.
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Effects of Use
Visitor accommodation Type 4
O41 The following sites are developed and S41.1 No solution provided. Complies
maintained for Visitor The subject site has been developed and
accommodation Type 4 and approved as Visitor Accommodation -
associated Business Uses— Type 4, giving effect to the Viridian Noosa
a) Part of Lot 603 on SP188270 Resort.
being the Settlers Cove resort
site (as identified as Lots 10
& 11 on Plan 1128 RHD OA
Amendment A prepared by
Ken Hicks & Associates and
dated 23 July 2004); and
b) Lot 889 SP203086 being
Viridian Noosa Resort at
Viewland Drive.
Built Form
Streetscape & character
O42 Buildings and structures— S42.1 Buildings and other structures are designed Not applicable
a) contribute positively to the to— The proposed development involves no
streetscape character by a) have a maximum wall length of changes to the built form of the existing
addressing the street and 15m and each external wall plane Viridian Noosa resort development approved
adding visual amenity incorporates at least one design and constructed on the subject site.
through stepping the front element to add visual interest and
façade; amenity (such as windows,
b) have a bulk and architectural pergolas, sun shading devices,
scale that does not dominate balconies or a change of building
the streetscape or detract material);
from the visual amenity of b) vary and break up the roof forms
adjoining properties; through gables or different pitches
c) vary in line and plane; to add visual interest and define
the individual dwelling units;
d) utilise various building styles
and materials to create c) provide individual segmented
diversity and visual interest balconies for each dwelling unit to
in the streetscape; reduce dominant horizontal
banding;
e) make use of verandas,
balconies, eaves, and roof d) visually break up building façades
overhangs for aesthetic, and by incorporating different but
lifestyle reasons; complimentary colours, textures
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f) integrate landscaping into the and building materials; and
building design to provide e) visually break up the bulk of the
visual relief and screening; building by integrating tall plant
and species in front of and to the side
g) present well articulated of buildings (see Figure 9.3).
façades where garages or
carports are not the dominant
visual element when viewed
from the street.
O43 Buildings and structures take the form S43.1 Buildings have no more than 6 attached Not applicable
of small separate buildings, rather than dwelling units. The proposed development involves no
large single bulky developments. changes to the built form of the existing
Viridian Noosa resort development approved
and constructed on the subject site.
Garages and carports
O44 Garages, carport structures and S44.1 Garages and carports— Not Applicable
vehicle manoeuvring areas are a) have a front boundary setback of The proposed development does not alter
designed and sited to— at least 6m; and the existing garages, carport structures and
a) provide for resident and b) present a minimum width to the vehicle manoeuvring areas which were
visitor parking; streetscape (the total width of approved as part of the resort development.
b) visually integrate with the garage doors is no more than 6m
building and to not dominate or 50% of the frontage width,
the street front; whichever is the lesser, where the
c) allow opportunity for structure faces the street); or
landscaping to screen vehicle c) that are visible from, but do not
parking and manoeuvring face the street, include windows or
areas; other articulation and have a 6m
d) minimise the number of vegetated buffer between the
driveway accesses; and structure and the road frontage.
e) allow safe and efficient access AND
to and egress from the S44.2 Where multiple lock up garages face the
premises. street garage doors are stepped back a
minimum of 600mm from each other, in
relation to the frontage or are separated by
at least 1.5m;
AND
S44.3 Garages, carports and uncovered spaces are
designed to allow vehicles to enter and exit
the site in a forward gear through a 3- point
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turn maximum; AND
S44.4 The development provides for shared
driveways to minimise the number of access
points, except on sites with more than one
street frontage, where garages or carports
in the development front separate streets.
Front fences & walls
O45 Front fences and walls are designed S45.1 Front fences or walls are setback an Not applicable
and sited to— average of 1 metre and are articulated to The proposed development involves no
a) contribute to the provide visual interest by stepping the changes to the built form of the existing
attractiveness of the street; design at maximum 5m intervals. Viridian Noosa resort development approved
b) be compatible with the AND and constructed on the subject site,
existing streetscape including front fences and walls.
S45.2 The area of land between the fence and the
character; front property boundary shall be densely
c) relate to the architectural landscaped to screen any fencing from the
period of the building; street.
d) avoid interference with the AND
movement of surface
S45.3 Any fencing on the boundary which is not
stormwater;
screened by vegetation is either less than
e) allow for casual surveillance 1.2m high or of an open construction
from the street or on main
roads, mitigate traffic noise;
f) provide for planting in front of
high solid fences and walls;
and
g) ensure planting between the
front fence and the footpath
does not create an
impediment for pedestrians
using the footpath.
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A5 - OVERALL OUTCOMES FOR THE RESIDENTIAL USES CODE
PROVISION RESPONSE
OVERALL OUTCOMES SOUGHT FOR THE RESIDENTIAL USES CODE
General
13.30.2 The overall outcomes sought from the Residential Uses Code are to Complies.
ensure that residential development— The proposed development is consistent with the overall outcomes for
a) occurs only on land that is suited to the development and the Residential Uses Code. The subject site is well located and serviced,
occupation of residential buildings; which and accommodates a high quality resort development suitable for
residential occupation. The Resort development has been designed to
b) is attractive and consistent with the developed character of
take advantage of the climatic conditions, is water and energy efficient,
its particular neighbourhood;
is sympathetic to the natural character and environmental values of
c) takes advantage of natural climatic conditions; Noosa and offers high levels of amenity and privacy.
d) is energy and water efficient;
e) is designed to provide for safety and security against
crime;
f) creates comfortable and accessible homes for people with
different needs through all stages of life;
g) provides residents with a high degree of privacy and
protection from noise, lighting and other environmental
nuisances;
h) provides residents with a choice in housing types to meet
their varying needs; and
i) does not adversely impact on the natural character and
environmental values of Noosa.
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A6 - RESIDENTIAL USES CODE
SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE
SPECIFIC OUTCOMES, PROBABLE SOLUTIONS AND ACCEPTABLE SOLUTIONS FOR RESIDENTIAL USES CODE
FOR ALL RESIDENTIAL USES
Effect of Use
O1 The development does not adversely S1.1 No solution provided. Complies
impact on existing or future electricity The proposed development is adequately
supply infrastructure; serviced with all necessary infrastructure
AND including electricity supply.
O2 All uses and works maintain an S2.1 Development for uses adjacent to or within Not Applicable
adequate safe distance from electrical 50m of an existing electricity substation
infrastructure including substations, incorporates noise attenuation measures to
overhead powerlines, power poles and mitigate noise impacts;
transformers. AND
S2.2 Development for uses adjacent to or within Not Applicable
50m of an existing electricity substation
incorporates noise attenuation measures to
mitigate noise impacts;
AND
S2.3 A minimum separation distance is Not Applicable
maintained from the electricity transmission
line to the closest boundary of habitable
buildings and child activity areas, as
follows—
a) 20m for transmission lines up to
132kV;
b) 30m for transmission lines between
133kV and 275kV; and
c) 40m for transmission lines greater
than 275kV.
Hot Water Systems
O3 Hot water systems are installed and S3.1 All hot water systems installed are— Not Applicable
operated to support the efficient use of a) solar systems; or The proposed development does not alter
natural resources and minimise b) electric heat pump systems; or the existing arrangements for hot water
consequent pollution such as supply within the existing approved resort
greenhouse gas emissions. c) natural gas or LPG systems; or
development
d) any combination of a), b) or c).
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Water supply and conservation
O4 On-site water storage is designed and S4.1 For a Class 1 building other than a Not Applicable
operated to support the efficient use of and Detached house or Multiple Housing The proposed development is serviced with
water; S5.1 Type 1, outside a reticulated water service reticulated mains supply water.
area, a rainwater tank is to be installed with
O5 On-site water storage is adequate for
the following minimum storage capacities—
occupants every day use and fire
fighting purposes. a) Where no more than 3 bedrooms –
45,000 litres; or
b) Where more than 3 bedrooms –
60,000 litres; and
c) There is to be on the lot a dam,
swimming pool or water tank
accessible for use by the fire
brigade that contains at least 5,000
litres of water.
Erosion and sediment control
O6 Development does not cause erosion S6.1 No solution provided Complies.
or result in transport of sediments off- The proposed development will not cause
site. erosion or result in sediment transportation
off-site as there is no building work or
operational work proposed to effect the
development.
Safety and security
O7 For Multiple Housing Types 2, 3 and S7.1 The building entrance is clearly identifiable Complies.
4, buildings and outdoor spaces are and visible from the street, footpath and Refer to approved plans of development
designed to protect the personal driveway; attached to the Negotiated Decision Notice
security and safety of residents by AND of Noosa Shire Council dated 19 April 2007.
allowing for natural surveillance.
S7.2 The internal path network has clear
sightlines to the dwelling entry and street
access points;
AND
S7.3 Visitors have direct access to the entrance
without passing through private outdoor
living areas.
Emergency access
O8 For Multiple housing Type 3, 4 & 5, S8.1 No solution provided. Complies.
site design and layout ensures efficient Refer to approved plans of development
access and egress for emergency
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vehicles. attached to the Negotiated Decision Notice
of Noosa Shire Council dated 19 April 2007.
Basement drainage
O9 Development is designed to minimise S9.1 Enclosed car parking and manoeuvring Not Applicable
noise carrying between dwelling units areas are constructed at a level that permits The proposed development does not alter
or accommodation units by locating the parking area to drain from the site by the design and location of the existing car
noise sensitive spaces such as gravity means, without the need for parking areas.
bedrooms away from noise generating mechanical pumping.
areas of the development, such as
carparking areas or mechanic plant
and equipment or recreational
facilities.
Separation of incompatible uses
O10 Development is designed to minimise S10.1 Bedroom windows are at least 3m away Not Applicable
noise carrying between dwelling units from shared driveways or carparking areas The proposed development does not alter
or accommodation units by locating of adjacent dwelling units or accommodation the location of bedroom windows within the
noise sensitive spaces such as units. existing, approved resort development.
bedrooms away from noise generating
areas of the development, such as
carparking areas or mechanic plant
and equipment or recreational
facilities.
Mechanical plant & equipment
O11 Mechanical plant and equipment S11.1 Mechanical plant and equipment, including Not Applicable
associated with Residential Uses are pool and spa pumps, pool heaters, air- The proposed development does not alter
designed and located so as not have conditioning units and refrigeration units the location of the mechanical plant and
an adverse impact on the visual are— equipment installed within the existing,
amenity of the site or surrounding a) where located at ground level, approved resort development.
areas. screened by fencing 1.5m in height
or dense vegetation of at least
1.5m in width incorporating
grouped trees and shrubs with
maximum separation distance of
1m measured from the centre of
the plant; and
b) for Multiple Housing Type 2, 3 &
4 are visually integrated into the
line and plane of the building and
roof design and do not project
beyond the height or width of the
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building when viewed from the
street and adjoining properties.
Ancillary recreation uses
O12 Ancillary recreation uses, such as S12.1 If the use involves ancillary use of outdoor Not Applicable
outdoor tennis courts and half netball courts including tennis courts, half courts The proposed development does not include
courts, do not have an adverse effect and netball courts—the use complies with any ancillary recreation uses and does not
on the amenity enjoyed by users of the requirements in Section 2 of PSP8 alter the existing, approved arrangements
adjacent or nearby premises nor do Tennis and Other Courts; within the Viridian Noosa development for
they cause unreasonable disturbance AND such uses.
to local fauna through light emissions
by ensuring that all lighting devices are S12.2 Any lit tennis court or sports court is located
limited to those designed and installed at least 60m from the external wall of an
to: existing or approved residential dwelling on
an adjacent or nearby lot (as measured
a) minimise light spillage on
from the centre line of the court);
neighbouring premises;
AND
b) preserve an acceptable degree
of lighting amenity at the S12.3 The vertical illumination resulting from
neighbouring premises; direct, reflected or other incidental light
c) provide covers or shading emanating from the site does not exceed 8
around lights; lux when measured at any point 1.5m
outside the boundary and at any level from
d) direct lights downwards;
ground level upward;
e) position lights away from
AND
possibly affected areas; and
f) enable brightness of lights to S12.4 Any flood lighting is restricted to the types
be adjusted to low levels. that give no upward component of light
where mounted horizontally (i.e. a full cut
off luminare).
O13 Noise originating from the use of the S13.1 The court is not used between the hours of
tennis court does not have a 10:00pm and 6:30am the following day.
detrimental effect on the amenity of
the area or cause nuisance to
neighbouring residents.
Privacy
O14 For Multiple Housing Types 2, 3 and S14.1 Transparent doors and windows are Not Applicable
4, building and structures are designed designed and located so they do not directly The proposed development does not alter
and sited to ensure the visual privacy face transparent doors or windows or the the existing building and structures on site.
of residents of the development and private open space areas of other dwelling
neighbouring properties is protected.
S14.2 Planter boxes, louvre screens, pergolas,
landscaping and architectural design of
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SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE
balconies are used to screen the ground
floor private open space of dwelling units or
accommodation units from upper level units
(refer to Figure 14-3 Privacy Measures
which illustrates how trees, awnings,
screens, fences and planter boxes reduce
minimise the ability to directly look into
neighbouring homes and yards).
Access to Sunlight
O15 For Multiple housing, buildings and S15.1 Development does not reduce sunlight to at Not Applicable
structures are designed and sited so as least 50% of the private open space areas The proposed development does not involve
not to unreasonably diminish the of any adjoining residences to less to than 2 any changes to the built form of the existing
existing sunlight to adjoining hours between 9am and 3pm on any day of approved buildings and structures on site.
residences and associated private open the year;
space areas; OR
AND
S15.2 Where overshadowing by existing structures
and fences occurs to more than 50% of the
private open space areas of any adjoining
residences, sunlight is not further reduced
by more than 20%.
O16 Multiple housing is designed and S16.1 No solution provided.
sited to minimise the extent of
shadows cast on solar photovoltaic
cells on roofs of adjoining buildings
Sloping sites
O17 On sloping sites, buildings and S17.1 Buildings and structures on sloping sites— Not Applicable
structures are designed to maximise a) have a maximum distance of 3m The proposed development does not involve
the use of the natural topography and between the ground and the lowest any changes to the built form of the existing
minimise the need for cut and fill. part of the floor of the building or approved buildings and structures on site.
the building incorporates
undercroft skirting or screening
(eg. timber battens) to the full
height of any undercroft area
higher than 3m above ground level
at the perimeter of the building;
b) are of split level design that step
down the slope or have suspended
floor construction;
c) limit the amount of cut or fill to
less than 2m in depth relative to
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SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE
natural ground level; and
d) do not result in the spread of fill
beyond the footprint of the building
For Multiple housing Type 4 – Conventional
Parking & access for visitors & service providers
O40 Parking and vehicular access is S40.1 No solution provided. Complies
conveniently, safely and efficiently The proposed development does not alter
provided for visitors and service the existing arrangements for the location
providers; or design of visitor and servicing carparking
AND spaces
O41 Visitor carparking spaces are S41.1 Visitor carparking spaces are not located Complies.
accessible at all times; behind locked gates Visitor carparking spaces are not located
AND behind locked gates
O42 Visitor carparking spaces do not hinder S42.1 Visitor carparking spaces are not located in Complies
the access or movement of any vehicle tandem with a garage or other carparking The proposed development does not alter
on-site space. the existing arrangements for the location
or design of visitor carparking spaces
Site facilities
O43 Waste storage areas, letter boxes and S43.1 No solution provided. Complies
external storage areas are sited and The proposed development does not alter
designed for attractive visual the existing location and design of waste
appearance and function, and storage areas, letter boxes and external
complement the architecture and storage areas.
environs;
AND
O44 High volume pedestrian areas within S44.1 Hard surface is provided to driveways, Complies
developments are sealed to provide walkways, entries, outdoor patios, and in Refer to approved plans of development
safe access and avoid damage to the vicinity of waste storage areas, letter attached to the Negotiated Decision Notice
landscaped open space area; boxes and clothes lines; of Noosa Shire Council dated 19 April 2007.
AND AND
O45 Adequate enclosed storage areas are S45.1 A weatherproof storage area of at least Complies
provided on-site to meet the likely 12.6m3 (having a height of at least 2.1m Refer to approved plans of development
needs of the residents. and an area of 6m2) is provided within or attached to the Negotiated Decision Notice
attached to each dwelling unit. This storage of Noosa Shire Council dated 19 April 2007.
space will not contribute to GFA providing it
can be directly accessed from outside the
building and does not exceed an area of
7m2
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A7 - OVERALL OUTCOMES FOR THE DRIVEWAYS AND CARPARKING CODE
PROVISION RESPONSE
OVERALL OUTCOMES SOUGHT FOR THE DRIVEWAYS AND CARPARKING CODE
General
14.111.2 The overall outcomes sought from the Driveways and Carparking Complies.
Code are- The proposed development does not alter existing site access
a) Safe and reasonable access to and from vehicle arrangements, standing areas, pedestrian and cyclist safety, servicing
accommodation and standing areas within a property and and manoeuvring areas, landscaping and existing vegetation.
from the public road is provided; Refer to the Applicant’s response to Specific Outcome O7 and
b) The safety of pedestrians and cyclists is protected; Appendix C – Traffic Engineering Report prepared by Holland
Traffic Consulting in relation to the safety and functionality of on-site
c) Development reduces the reliance on private vehicles and car parking spaces.
promotes public and non-motorised transport options;
d) Carparking spaces and the associated manoeuvring areas
provided are designed to be safe and functional and meet
the reasonable requirements of the particular land use;
e) Adequate provision is made for the standing, parking,
loading and unloading, access and manoeuvring of service
vehicles within the development site;
f) Development does not adversely impact on existing public
parking;
g) Adequate monetary contributions are made in
circumstances where Council considers the provision of
external parking will fulfil the parking demand generated by
the development and will not have an adverse impact on
existing public parking; and
h) Vehicular access does not impact adversely upon existing
landscaping or native vegetation.
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A8 - DRIVEWAYS AND CARPARKING CODE
Prepared by HUMPHREYS REYNOLDS PERKINS
SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE
SPECIFIC OUTCOMES SOUGHT FOR THE DRIVEWAYS AND CARPARKING CODE
Driveways
General
O1 Vehicular access does not S1.1 Vehicular access is located and designed Not Applicable
adversely impact on safety, in accordance with AUSTROADS-Guide to The proposed development does not alter the
capacity and operations of the Traffic Engineering Practice requirements existing arrangements on site for vehicular
existing or planned road network, for sight distance and Section 3 of access.
the proposed driveway, cycleways AS2890.1 Parking Facilities;
or pedestrian pathway systems.
S1.2 AND
Only one footpath crossing is provided;
S1.3 AND
Driveways, other than within any setback
have a maximum grade in accordance
with Section 3 of AS/NZS 2890.1
O2 Driveways and crossovers- S2.1 Design of the driveway across the footpath Not Applicable
a) are suitable and safe for is in accordance with Council's Standard The proposed development does not alter the
their intended use; and Drawings 9002 or 9005 as appropriate for existing arrangements on site for driveways and
b) match Council the particular type of development as crossovers.
infrastructure. annotated on the drawings;
S2.2 AND
Driveways are designed and constructed in
accordance with Council Standard
Drawings 9014, 9019, 9020, 9021, as
appropriate for the particular type of
development as annotated on the
drawings;
S2.3 AND
The change in grades in the driveways and
ramps is in accordance with Section 3 of
AS2890.1 Parking Facilities.
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O3 In commercial zoned areas, the S3.1 Design of multi-tenanted developments in Not Applicable
number of driveways across commercial zoned areas include shared There are no commercial zoned areas on the
pedestrian footpaths is minimised driveways and parking areas; subject site.
S3.2 AND
Driveways are located so they abut
existing driveways of adjoining
development where practicable and
reciprocal easements are created to
reduce the sealed driveway width.
O4 Vehicular access does not S4.1 Footpath and kerb crossings are located Not Applicable
adversely impact on the capacity, clear of existing stormwater inlet The proposed development does not alter the
operations and maintenance of the structures, water and sewerage existing arrangements on site for vehicular
existing infrastructure; infrastructure fittings, any other exiting access.
utility infrastructure, existing landscaping
and vegetation.
O5 AND S5.1 No solution provided. Not Applicable
Vehicular access does not The proposed development does not alter the
adversely impact on the integrity existing arrangements on site for vehicular
of existing landscaping or native access and therefore does not impact upon the
vegetation. existing landscaping and native vegetation on
site.
O6 Driveway run-off is filtered prior to S6.1 For- Not Applicable
leaving the premises. a) Ancillary dwelling unit, The proposed development does not alter the
Multiple housing Types 1 or 2 existing arrangements on site for driveway run-
if less than 5 carparking spaces, off.
Visitor accommodation Type
1 and Home based business-
the driveway is formed to drain
to landscaped areas; and
b) for other uses-grease and oil
arrestors or stormwater quality
improvement devices are
incorporated into the design to
treat run-off prior to run-off
exiting from the premises.
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Carparking and Manoeuvring
Carpark Design and Layout
O7 Sufficient carparking is provided to S7.1 The number of parking and loading bays is Performance Solution.
accommodate the number and not less than the minimum number Table 14-51 relevantly prescribes the following
type of vehicles likely to be specified in Table 14-51 Vehicle Parking car parking rates for Multiple Housing – Type 4
generated by the development Requirements; Conventional:
having regard to the specifics of
For dwelling units with 3 or more bedrooms or
the use including-
those greater than 110m2—
a) the type and intensity of S7.2 OR 2 covered spaces per dwelling unit which may be
land use; located in tandem layout;
If insufficient carparking spaces are
b) any existing parking provided on-site a monetary contribution AND
available on the site; is made to Council in accordance with 1 designated visitor carparking space, accessible
c) hours of operation; Section 6 of PSP13 Contributions in lieu of at all time, per 4 dwelling units or part thereof.
d) likely numbers of users; provision of off-street carparking.
All but two of the 38 specified dwelling units
e) the peak parking provide the minimum number of car park spaces
demand periods of uses as required by Table 14-51. Villa 3108 and
on the site; and Penthouse 9417 provide one internal car park,
f) the availability of rather than two covered spaces as required by
alternative carparking Table 14-51.
The Applicant proposes a performance solution to
comply with Specific Outcome O7, summarised
as follows:
(a) delineate a single, external, uncovered
car parking space on the driveway in
front of the garage for Villa 3108 in order
to create a tandem parking space for Villa
3108 (one in the existing garage, one in
the driveway); and
(b) create a single, external, uncovered
parking space on the creek side of
Building I, to be allocated for the
exclusive use of Penthouse 9417;
(c) visitors to any of the 38 specified units
are to park in front of the garage
associated with that unit;
(d) impose a condition of the approval which
states "no visitor parking space is to be
occupied on a permanent parking basis,
being longer than 12 hours" (or similar);
(e) impose a condition of the approval which
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requires the car parking management
plan be amended to incorporate the same
provision; and
(f) a condition of the approval be included
which requires the Community
Management Statement be amended to
include the same provision;
Refer to Appendix C – Traffic Engineering
Report prepared by Holland Traffic Consulting
which confirms that the proposed performance
solution complies with the planning scheme
requirements for permanent accommodation of
the 38 specified units.
Also refer to Appendix I – Proposed Car
Parking Plans for further details of the location
of the proposed car parking spaces.
O8 The layout of the development S8.1 Parking bays, manoeuvring areas, queuing Not Applicable
provides adequate, clearly defined areas, loading, setdown and pickup areas The proposed development does not alter the
and easily accessible- and driveways are designed to the existing arrangements for on-site vehicle parking
a) on-site vehicle parking standards set out in Sections 2 and 3 of and manoeuvring areas and loading and
and manoeuvring areas; Australian Standard AS 2890.1 Parking manoeuvring areas for delivery and service
and Facilities (Part 1: Off-street Carparking) vehicles.
and AS 2890.2 - Off-street Parking (Part
b) loading and
2: Commercial Vehicles);
manoeuvring areas for
delivery and service S8.2 AND
vehicles The number of loading bays is not less
than the minimum number specified in
Table 14-47
O9 Parking areas are located where S9.1 Carparking areas are accessed from rear Not Applicable
they will not unduly conflict with laneways where practicable. The proposed development does not alter the
pedestrians and will not dominate location of the existing car parking areas and
the streetscape. their access arrangements.
O10 Provision is made for a reasonable S10.1 Carparking spaces are provided for people Not Applicable
number of on site carparking with disabilities at the rate specified in The proposed development does not alter the
spaces identified and reserved for Section 2.4.5 of AS 2890.1 - Parking existing arrangements on-site for disabled
people with disabilities. Facilities (Part1: Off-street Carparking). carparking spaces,
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O11 Access and egress points do not S11.1 Vehicle manoeuvring areas are provided in Not Applicable
impact on the safety and accordance with Section 3 of AS 2890.1 The proposed development does not alter the
operations of the road system. Parking Facilities (Part 1: Off-street existing arrangements for vehicle manoeuvring
Carparking) so vehicles enter and leave areas.
the site in a forward gear.
O12 Parking areas are designed to - S12.1 At locations where pedestrian and vehicle Not Applicable
a) provide a progressive conflicts are likely to occur – The proposed development does not alter the
reduction in speed a) sight distances of at least 2.5 design of the existing car park areas.
between the external seconds of travel time at the
road and internal parking designated speed are provided;
spaces; b) splayed corners on structures are
b) ensure lower speeds near incorporated;
areas of high pedestrian c) landscaping is designed to allow
activity through the use clear views;
of appropriate road
d) sign placement ensures that
geometry or devices views are not impeded;
designed to limit speed;
and
c) maintain sight distances
which are appropriate for
the likely operating
speeds in all areas of
potential
pedestrian/vehicle and
vehicle/vehicle conflict;
O13 A clearly defined pedestrian S13.1 In large open car parks with greater than Not Applicable
network is provided that – 200 car parking spaces, a pedestrian path The proposed development does not alter the
a) is located in areas where between parking spaces is provided on existing network of pedestrian paths on site
people will choose to every second aisle;
walk;
b) ensures that pedestrian
movement through car
parking areas or
structures are along
aisles rather than across
them;
O14 Provision is made for pedestrian S14.1 No probable solution identified; Not Applicable
and vehicular queues at conflict The proposed development does not alter the
points existing arrangements for queuing on the internal
road network.
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