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Development Application part 3 of 10 Planning Report - MCU13/0092
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MULTIPLE PART RECORD
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Page 2
TOWN PLANNING
lANDSCAPE ARCHITECTURE
DFS GROUP
INTEGRITY. EXCELlENCE.SUCCESS ENVIRONMENTAL
LIQUOR LICENSING
(07)5443 5566
[email protected]
Application
Applicant:
Multi Span Australia Group
Proposal:
Development Application for
Material Change of Use
Location: 6 -
8 Rufous Street,
Peregian Beach
RPD: Lot 94 SP 1 37431
Area: 6503m2
DFS Ref: 11 078
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Table of Contents
REPORT SUMMARY .......................................................
3
1.0 INTRODUCTION ............................................................
4
2.0 PROPOSED DEVELOPMENT........................................... 7
2.1 Application Type ............................................................................7
2.2 The Proposal...................................................................................7
2.3 Architectural and Landscape Site Analysis................................9
2.5 Stormwater Management Report ...............................................9
3.0 SITE DESCRIPTION DETAILS .........................................
10
3.1 Real Property Description............................................................10
3.2 Site Details -
read also the narratives at Attachments A and
B ......................................................................................................10
3.3 Site Locality & Surrounding Area..........;.....................................l 0
3.3 Setting and Character ................................................................11
3.4 Road Frontage & Access ............................................................12
3.5 Easements, Encumbrances & Interests .....................................12
3.6 Existing Services ............................................................................12
4.0 THE IGA STORY ...........................................................
13
5.0 PEREGIAN BEACH’S NEIGHBOURHOOD VILLAGE
CENTRE (SQUARE) ROLE AND FUNCTION
-
.............
16
6.0 PEREGIAN BEACH -
THE PAST, PRESENT AND
POTENTIAL FUTU RE .....................................................
19
7.0 RELEVANT TOWN PLANNING LEGISLATION ...............
25
7.1 Sustainable Planning Act 2009 ...................................................25
7.2 State Planning Regulatory Provisions ........................................26
7.3 State Planning Policies.................................................................27
7.4 Other State Interests.....................................................................28
7.5 Noosa Plan 2008 ...........................................................................28
7.6 Eastern Beaches Locality Plan ...................................................36
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7.7 Other Relevant Noosa Plan Codes ...........................................40
7.8 Availability of Land Zoned Open Space Recreation .............48
8.0 COMMUNITY SURVEY .................................................
50
~.() ~LJMM~Ft"................................................................... ~~
10.0 CONCLUSION .............................................................
55
FIGURES
Figure 1 Locality Plan
Figure 2 Aerial Photo of Site
~TT~CHMENTS
Attachment A Proposal Plans
Attachment B Landscaping Concept Design Plans
Attachment C Traffic and Car Parking Assessment Report
Attachment D Stormwater Management Plan
Attachment E White’s IGA Group Document
Attachment F Business Use Code
Attachment G Community Survey
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REPORT SUMMARY
Development Permit for Material Change of Use (Impact-Assessable)
for an integrated development comprising a ’Commercial business
Type 1 Office’ and ’Entertainment and dining business Type 1 Food &
beverages’ and ’Retail Business Type 2 Shop & Salon’
I Development Application
Applicant: Multi Span Australia Group
Consultants: DFS Group (Town Planning)
Carter Hood Architects (Building Design)
Form Landscape Architects
j3 Consulting Pty Ltd, Engineering Consultants
Foresight Partners, Economic Consultants
Pekol Transport & Transportation (Traffic & Car
Parking)
Proposal: Development Permit for Material Change of
Use for an integrated development comprising
a ’Commercial business Type 1 Office’ and
’Entertainment and dining business Type 1 Food
& beverages’ and ’Retail Business Type 2 Shop
& Salon’
I Site Description
location: Rufous Street, Peregian Beach
RPD: Lot 94SP137431
Area of land: 6503m2
Current Use: Abandoned Peregian Beach Lawn Bowls Club
and Beach Volley Ball Courts
I South East Queensland Regional Plan 2009-2031
land Use Category: Urban Footprint
I Maroochy Plan 2000
Planning Area: Eastern Beaches Locality
Zones: Lot 94 -
Open Space Recreation
Overlays: Map OM 4.4 Natural Hazard: Bushfire & Acid
Sulfate Soils Overlay -
Low Potential Acid
Sulfate Area 5 -20m AHD
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1.0 INTRODUCTION
This Town Planning Report has been prepared for the applicant, the Multi
Span Australia Group. The report is submitted to the Sunshine Coast Council
as part of the common material for an application that seeks a
Development Permit for a Material Change of Use for an integrated
development comprising a ’Commercial business Type 1 Office’ and
’Entertainment and dining business Type 1 Food & beverages’ and ’Retail
Business Type 2 Shop & Salon’. Specifically, the applicant seeks to construct
an integrated IGA Supermarket and Speciality Shops complex on Lot 94 SP
137431 Rufous Street Peregian Beach. The application is impact assessable.
The land is located within the 2009-2031 SEQ Regional Plan’s Urban Foot-print.
Furthermore, the land is located within the Eastern Beaches Locality of The
Noosa Plan and the site is included in the Open Space Recreation zone with
Lot 95 located in the Community Services zone.
Under the SPA regime, the proposal requires impact assessment.
This town planning report comprises the following Sections:
Section E.S Executive Summary
Section 1.0 Introduction
Section 2.0 Proposed Supermarket and Shops Development
Section 3.0 Site Description Details
Section 4.0 The IGA Supermarket story
Section 5.0 Peregian Beach Past, Present and Potential Future
-
Section 6.0 Peregian Beach’s Neighbourhood Village Centre (Square) -
Role and Function
Section 7.0 Statutory Town Planning Legislation and Assessment
Section 8.0 Conclusion
Whilst the proposal is in conflict with the intent for the Open Space
Recreation zone and parts of the Eastern Beaches Locality Plan, this Town
Planning assessment concludes that, by and large, the anticipated impacts
of the proposal are, on balance, positive and beneficial to the wider
community given that the level of conflict is considered to be of a relatively
low order. Further, the proposal is not considered to undermine the intent of
the Desired Environmental Outcomes (DEO’s).
It is considered that there are sufficient grounds to enable the proposed
development to be supported given:
. the life of the Noosa Plan since the last full review resulting in sections
of the Eastern Beaches Locality Plan no longer applying,
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. the number of commercial developments which have taken place
outside the Neighhbourhood Centre zone because there is
insufficient land within the Neighbourhood Centre zone to
accommodate those developments,
. the Planning & Environment Court approval of the ’Scanlon’
development on similarly zoned Open Space Recreation land.
The proposed development generally advances the Noosa Plan’s Shire wide
Desired Environmental Outcomes, and offers current and future local
Peregian Beach residents economic and community benefits.
In particular this report demonstrates that there are sufficient grounds to
justify this approval namely:
The proposal offers the Peregian Beach community the provision of a
bona fide convenience shopping supermarket which will offer a
contemporary range of produce (refer to Section 6.0 of this report),
normally sought by sophisticated residential communities, particularly
given that it would seem that the only existing supermarket, liThe Friendly
Grocer" is intended to be replaced with a restaurant and market stalls;
liThe establishment of a small neighbourhood centre with a supermarket
will fill a substantial void in the Peregian Beach area. The need for the
proposed centre is indicated by the lack of a supermarket serving the
trade area and the resulting substantial expenditure escaping from the
local community" (Source: ’Needs Assessment’ by Foresight Partners,
Economics Consultants February 2013);
-
The provision of improved convenience speciality shopping facilities in
co-location with the Supermarket. Some of the speciality shops will
provide existing operators in the Neighbourhood Village Centre who are
seeking to expand and/or modernise to do so in a ’true’ convenience
shopping node. There are no suitably lands within the Neighbourhood
Centre to accommodate any expansion of existing retail tenancies;
The proposal will offer a considerable number of local jobs (up to 80 F/T,
PIT and casual)and also arrest the escape of retail spending from
Peregian Beach to neighbouring centres (to the anticipated tune of
$10.6m in the first year of trading expected to be 2015) to the
-
betterment of the local community;
the location of the site in proximity to a Bus stop and next to the
Peregian Community Centre, with generous on-site parking spaces and
with access via the well established David Low Way Woodlands Drive -
intersection to Rufous Street will be of convenience to residents and
visitors;
the development will complement and strengthen the role of the existing
Neighbourhood Village Centre which functions predominantly as a
highly successful Social/Entertainment/Dining centre (rather than
compete with the centre), by attracting greater convenience shopping
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patronage to Peregian Beach, which in turn could be expected to also
take advantage of the Social/Entertainment/Dining opportunities
offered at the Village (Neighbourhood)Centre;
the proposal will provide an attractive landscaped development which
will visually compliment both the adjoining ’Marquesas’ development
and the Peregian Community Centre building;
the proposal will provide an outcome which will overcome the dis-used
nature of the site, which has remained abandoned for some 3 years to
the general detriment of the character of the locality;
the proposed building is consistent with the mixed character, scale and
nature of existing development in the area; and
the proposal will provide landscaping along the road frontages and
internally within the site to enhance the streetscape and appearance of
the land and site.
A Community Survey undertaken in March 2013 found a level of opposition
to the proposed development of Lot 94 for the proposal, however, due to
the inconsistency of participant responses to various questions it is difficult to
establish if the level of opposition was to the commercial development of lot
94 per se, or to the establishment of a convenience Supermarket complex
outside the Neighbourhood Centre or anywhere in Peregian Beach, or both.
It is considered that the content of this town planning report will provide far
more extensive information than the
Survey upon which the local
community can express its level of support or opposition. For example it may
not have been apparent to all of those residents surveyed that the subject
land whilst zoned Open Space Recreation is privately owned, or that
Peregian Beach’s "Friendly Grocer" premise has been approved for re-
development with a Restaurant and Market stalls at ground level.
Our assessment (without the formal input of local residents and owners)
concludes that, by and large, the anticipated impacts of the proposal are,
on balance, positive, and beneficial to the wider community. In our opinion,
the proposal has considerable town planning, economic and community
merit, particularly for the younger and future generations, in that it satisfies
economic and community needs, provides greater and more convenient
convenience retail choice and will assist to retain considerable escape retail
expenditure currently leaving Peregian Beach.
Consequently our assessment concludes that, on balance, and with future
generations at Peregian Beach in mind, the proposal with its creation of
local jobs and economic benefits ought to be approved, subject to
reasonable and relevant conditions.
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2.0 PROPOSED DEVELOPMENT
2.1 Application Type
This development application seeks Council’s approval for:
a Development Permit for a Material Change for an integrated
business development comprising a ’Commercial business Type 1
Office’ and ’Entertainment and dining business Type 1 Food &
beverages’ and ’Retail Business Type 2 Shop & Salon’.
2.2 The Proposal -
(refer to Architectural Drawings by carter
Hood Architects at Attachment A and Landscaping Concept
Design Plans at Attachment B.)
The applicant proposes a contemporary shopping complex of 1900m2 gfa
comprising:
. a 1,1 00m2 GFA Supermarket,
. 750m2 GFA of Speciality Shops comprising about 8 tenancies ranging in area
between 54m2 gfa and 108m2 gfa,
. 50m2 Amenities,
. 100 on-site car parking spaces, 5 motor bike bays, 19 bicycle spaces and 6
dedicated Shopping Trolley bays,
. 1 service Van space and 1 HRV space,
. Vehicular access will be directly to and from Rufous Street whilst pedestrian
access could be directly from the David Low Way via adjoining lot 95 if so
determined by the Council, and
. landscaping elements and stormwater quality management elements.
The external built form of the IGA building and the integrated complex
generally will not be reflective of the vast majority of IGA supermarket
buildings built over the past 5-10 years, rather the IGA Building as observed
from the David Low Way will be less conspicuous with speciality shops
providing a ’sleeve’ to the IGA building and with the overall development
densely landscaped reflective of the character of Peregian Beach and the
traditional Village Centre.
A built form example which best reflects what is proposed at Peregian Beach
is the IGA complex development at Greenslopes in Brisbane.
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The intended operators of the proposed IGA Supermarket have advised that
it will offer a wide range of produce including
. organic products,
.
vegan products,
. seafood,
. a full delicatessen range of continental/gourmet/speciality lines,
. a full range of meat,
. locally sourced fresh and local produce
along with-
. a
loyalty program for customers and the community,
. a Community Chest Program,
. an E-Catalogue/Direct catalogue offer,
. a soon to be available on-line shopping option,
.
friendly, easy and convenient shopping, and
. a business which will be locally owned and operated providing up to 80
new fulltime and part-time jobs.
The mix of Speciality Shops is still in the
pre-commitment stage, however,
interest has been shown from the following range of tenants:
1. Bottle Shop,
2. Noodle Bar,
3. Newsagency,
4. Pharmacy,
5. Coffee Shop,
6. Medical Centre,
7. Australia Post,
8. Bakery,
Days and hours of operation will be 7 days per week and 6.00am to 9.00pm daily for
the IGA Supermarket, with reduced hours anticipated for the speciality shops, the
specific details of which have not yet been finalised.
A number of the potential tenants are existing operators in Peregian’s
traditional Village Centre (1. 3. 4. 6, and 7.) whom wish to expand and
modernise. It is expected that those businesses that do re-Iocate will be
replaced by other business activities either complementary to the prevailing
fashion boutiques/ interior design shops/eateries which cater for both locals
and visitors, or by smaller convenience shopping outlets seeking to establish
within the Peregian Beach Neighbourhood Centre where opportunities are
almost non-existent.
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The development is intended to be strategically landscaped with perimeter
plantings to the car park, throughout the car park, and as visual buffering to
the Rufous Street elevation of the IGA Supermarket building, and along its
north-western fa ade. Ultimately, the extent and quality of landscaping is
able to be conditioned by Council.
2.3 Architectural and Landscape Site Analysis, Design Intent
and Design Context, Planting Strategy etc are included within both sets
of Design drawings at Attachments "A"and "8".
2.4 Access -
Refer to Attachment "e".
It is our belief that ultimately the creation of an easement over lot 95 in
favour of lot 94 for vehicular and pedestrian access, subject to the Council’s
approval would be in the long term interests of the local community.
However, in the interim lot 95 is not part of this application having been
denied recently by Council resolution to be part of this application.
2.5 Stormwater Management Report -
Refer to Attachment "0"
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3.0 SITE DESCRIPTION DETAILS
3.1 Real Property Description
The site of the proposed built IGA complex -
Lot 94 on SP 137431 has an area
of 6,503m2,
The site, as was the case with the original Peregian Beach Swimming Pool
(located where the Village Square now exists), and the nearby Tennis
Complex was originally dedicated by development company TM Burke Pty
Ltd as part of the establishment and marketing of Peregian Beach in the
1960’s.
3.2 Site Details -
read also the narratives at Attachments A and B
The site is generally flat and is currently occupied by the abandoned
Peregian Beach Lawn Bowls Club complex.
Due to the nature of the past uses the land contains little to no significant
vegetation.
3.3 Site Locality & Surrounding Area
The site has frontage to Rufous Street Peregian Beach and is on the
a
western side of the David Low Way just south of its intersection with
Woodland Drive (refer to the Locality Plan in Figure 1).
The immediately adjoining property (Lot 95) between the site and the David
Low Way is the Peregian Beach Community Centre Car Park which warrants
surface improvement works along with more mature and functional
landscaping.
Whilst not part of the current application, there would seem considerable
traffic and community benefits in eventually providing a direct access from
the David Low Way to Lot 94, as was previously the case before a road
closure was effected when the site was actively used as a Bowls Club.
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Figure 1: Locality Plan of Subject Site (Lot 94) and adjoining Community Centre
Carpark
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Figure 2: Aerial Photo of Subject Site (Lot 94) and adjoining Community Centre
Carpark
Access to the site isproposed from Rufous Street which has no kerb and
channel adjacent to the development side.
3.3 Setting and Character
The subject site is located within the established Peregian Beach Community
facilities and Public Recreation area located on the western side of the
David Low Way with a frontage to Rufous Street and is located north-west of
the Peregian Village Square.
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The site adjoins Lot 95 which has been developed with the Peregian Beach
Community Centre car park. As discussed future vehicular, bicycle and
pedestrian access to the proposed shopping complex directly from the
David Low Way (and bus stop) via Lot 95 is considered to have considerable
merit, however, the Sunshine Coast Regional Council has resolved not to
allow Lot 95 to be included in this application.
The setting of the locality is a dictate of the mixed nature of surrounding and
neighbouring land uses, the presence of the David Low Way and its inherent
traffic flows, and the landscape elements of the locality.
The locality has a mixed character resulting from the presence of the
Community Centre, a Telstra exchange building, the ’Marquesas’ Office
complex, Public Open Space uses (active and passive), the Community
Centre car park, residential development opposite the land and to the north
and south-east, and the traffic on the David Low Way.
More specifically land to the west is a Sports Oval and further west again an
Environmental Park. To the S-W is Community Tennis complex and the
a
Peregian Beach Vegetable Village, whilst further south fronting the David
Low Way is a mix of residential and commercial uses including the Peregian
Beach Tavern, and a Hardware outlet.
3.4 Road Frontage & Access
Lot 94 has an irregular road frontage of about 105m to Rufous Street
3.5 Easements, Encumbrances & Interests
There is one (1) easement on the application site and is shown on the
proposed subdivision plan in Appendix 1. Further details of the easement is
provided in the table below:
Easement Type of In Favour of
Easement
A on SP 137444 Burdening lot Council of the
94 for drainage Shire of Noosa
purposes
3.6 Existing Services
The site is connected to Council’s reticulated water and sewer networks.
Electricity and telecommunication services are also provided to the site.
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4.0 THE IGA STORY
4.1 There appears to be a growing trend in many communities, away from
larger retailers such as Woolworths and Coles, towards the smaller
independent supermarkets such as IGA,SPAR, Foodworks, and ALDI.
The basis for this trend will to some extent vary from individual to individual,
and may be as a result of two (2) fundamental differences (perceived or
otherwise) between Woolworths/Coles and the smaller independents,
namely:
(i) organisations such as IGA aim to be part of the local community by
financially supporting local sporting/community organisations, contributing
produce for sausage sizzles and the like etc; and
(ii) Market size-Woolworths and Coles generally target communities with
populations in the range of 8,000 10,000 and larger, with preferred
-
footprints generally of 2,500m2 or greater, whereas the independents target
smaller population bases with footprints generally between 600 2000m2. -
4.2 By way of example the following communities on the Sunshine Coast
(and neighbouring localities) enjoy access to an IGA supermarket, namely:
store Address Suburb Postcode
IGA Supa Beerwah 38 Simpson Beerwah 4519
Street
IGA Supa Caboolture 70-86 Caboolture 4510
Michael South
Avenue
IGA Supa Caloundra Cnr Ormux Caloundra 4551
Ave &
Bingera Tce
IGA Supa Cooroy 3 Emerald Cooroy 4563
Street
IGA Supa Maleny 28 Maple Maleny 4552
Street
IGA Supa Nambour Cnr Anne & Nambour 4560
Lowe Street
IGA Supa Noosa Cnr Tewantin Noosa 4567
& Sunshine Junction
Beach Rd
IGA Supa Woombye 20 Blackall Woombye 4559
Street
IGA Bellvista 2 Rawson Caloundra 4551
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Street West
IGA Bli Bli Shop 1 River Bli Bli 4560
Market David
Low Way
IGA Buderim Cnr King & Buderim 4556
Mill Street
IGA Glasshouse Shop 4, 7 Glasshouse 4518
Mts Reed Street Mts
IGA Landsborough 4 Mill Street Landsborou_g_h 4550
IGA Mapleton 28-32 Flaxton Mapleton 4560
Drive
IGA Maroochydore Shop 1 69 Maroochydore 4558
Maud Street
IGA Mooloolah 4 Jones Mooloolah 4553
Street
IGA Mt Coolum Shop 3 Mt Coolum 4573
Suncoast
Beach Drive
IGA Noosa Outlook 63-73 Tewantin 4565
Andrews
Drive
IGA North Buderim Shop 5 Buderim 4556
Pittards Road
IGA Palmwoods 7 Main Street Palmwoods 4555
IGA Pomona 3-5 Reserve Pomona 4568
Street
IGA Nambour Coes Creek Nambour 4560
South Road
IGA X-PRESS Yandina 2 Stevens Yandina 4561
Street
IGA X-PRESS Alexandra 152 Alexandra 4572
Headlands Alexandra Headlands
Pde
IGA X-PRESS Chancellor Shop 14 Chancellor 4556
Park Scholars Way Park
IGA X-PRESS Little Mountain Cnr village Little Mountain 4551
Way &
Parklands
Blvd
IGA X-PRESS Maroochy Shop 8 Maroochydore 4558
Waters Denna Street
IGA X-PRESS Middy’s Shop 2/19 Buderim 4556
Buderim Main Street
IGA X-PRESS Montville 168 Main Montville 4560
Street
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IGA X-PRESS Nambour Shop 8, 125 Nambour 4560
Heights Mapleton Heights
Road
IGA Supa Banksia Beach Cm Botany & Bribie Island 4507
Sunderland
Drive
IGA Supa Kilcoy 38 Mary Kilcoy 4515
Street
IGA Supa Woodford 102-110 Woodford 4514
Archer Street
IGA Beachmere Cm James & Beachmere 4510
Beachmere
Road
IGA Gayndah 69 Capper Gayndah 4625
Street
IGA Rainbow Shop 9, 48 Rainbow 4581
Beach Rainbow Beach
Beach Rd
IGA Sandstone Bestmann Sandstone 4511
Point Road Point
IGA Wamuran 1056 Wamuran 4512
D’Aguilar
Highway
IGA X-PRESS Glenwood Cm Bruce Glenwood 4570
Highway &
Arborten
Road
It is understood that the proposed operators of the proposed IGA
Supermarket are Michael and Roz White who also operate other IGA outlets
on the Sunshine Coast, and will be operators of the new Bli Bli Supermarket.
4.3 Attachment "E" to this report is a document which summarises the
"White’s IGA Group" relationship with IGA and various communities where
they currently operate Supermarkets.
4.4 The proposed Peregian Beach IGA will provide about eighty (80) full
time and part-time jobs.
4.5 community features of IGA Supermarkets, not generally
Local
embraced by the larger supermarket chains are -
(i) the use of local suppliers; and
(ii) supporting local organisations/individuals, often expressed, as
’locals supporting locals’ refer to pages 7, 8 and 10 of Attachment "E".
-
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5.0 PEREGIAN BEACH’S NEIGHBOURHOOD VILLAGE CENTRE
(SQUARE) ROLE AND FUNCTION
-
The existing Peregian Neighbourhood Centre is focussed on an
Beach
attractive informal Central Village Square with retail tenancies
(predominantly dining and fashion) fronting its internal and external southern,
eastern and western facades. The northern side which is partly open fronts
Heron Street which has been developed with a contemporary mixed use
integrated development including ground level retail uses between the
David Low Way and Kingfisher Drive.
A series of narrow open walkways forming small open type arcades link the
inside of the square to the outside of the square through the southern
fa ade of the square;
Retail/commercial tenancies exist on the outside eastern, western and
southern facade of the square, and the western sector of the northern
facade.
Office uses and some accommodation occupy the upper floor (First Floor) of
the Central Village Square development
The Square is informal in its layout with a generally grassed and treed central
area with a small purpose designed raised timber platform (the "Postcard"),
and a small art element, which depicts the Village Square’s previous use as a
community swimming complex.
Whilst the Noosa plan describes Peregian Beach and its neighbourhood
centre as providing a "wide range of local retail, commercial and
entertainment and dining uses to support the day to day needs of residents
and visitors" close examination of the patronage of the centre over the past
10-15 years suggest that a more accurate description of the role of the
centre is that of a "social/entertainment and meeting place" where a large
part of the activity is focussed on dining/entertainment and boutique
shopping. This assessment has been confirmed by a considerable majority
(72%) of surveyed locals via the Community Survey undertaken by Annie
Barkl of Smartlives, Social and Management Consultancy in March 2013.
There are limited convenience shopping facilities as demonstrated by the list
of Central Village Square retailers below.
The role of the centre is, to a large extent, reflected by the nature of uses
within the centre, which are in the order of 100 in total, namely:
. 12 fashion tenancies;
. 12 dining/food tenancies;
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. 9 Health/Well Being tenancies;
. 3 Interior Decorating tenancies;
. 4 Health & Beauty type tenancies;
. 40-50 Office tenancies including four (4)real estate agencies, accountants,
the Post Office, the ANZ bank, QML and a Veterinary Clinic; and
. 11 Retail Shops, comprising the Endeavour Foundation Shop, a tea
emporium, Annie’s Book Shop, a Pharmacy,a newsagency, a fruit &
vegetable shop, 2 bottle shops, a bakery, and the Friendly Grocery. We
have been advised by Council town planning staff that the Friendly Grocer
premise is proposed to be re-developed into a restaurant/retail stalls/50m2
food tenancy (all in about 250m 2 gfa. Only about 7 of the 50 (about)
existing retail tenancies could be correctly said to be serving a convenience
local shopping service.
Casual observations would suggest that only minimal day-to-day
convenience shopping occurs at the local centre. the closure of the Friendly
Grocer could also be recognition that local residents are doing the majority
of their convenience shopping outside of Peregian Beach and/or the Village
Square is better suited for entertainment/dining activities.
In more recent times,. due to a lack of available and appropriately zoned
land in the Neighbourhood Village Centre the following contemporary
’commercial’ developments have either established, or gained approval
outside the centre (in addition to the existing Hardware Store on the western
side of the David Low Way) on the west side of the David Low Way, namely:
i) The Peregian Beach Tavern on the west side of the David Low Way
opposite the Village Centre;
(ii) The Marquesas Commercial buildings west of the David Low Way
immediately adjacent to the land subject of the Multi Unit Australia
Group application;
(iii) The mixed retail/commercial development on the north side of Heron
Street opposite the Village Centre; and
(iv) The proposed Planning and Environment and Court approved
’Essence’ Development on the west side of the David Low Way about
350 metres south of the land subject of this application.
These four (4) developments increase the range of local retail, dining,
entertainment and commercial uses at Peregian Beach commensurate with
the increasing need of the local community, and the inability of the
traditional neighbourhood village (square) centre to accommodate such
uses.
The establishment of these uses has not threatened the viability, role, nor
character of the centre, but rather has satisfied the local community’s need
for additional retail and commercial choice, some uses of which were not
previously generally available at Peregian Beach.
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In a similar way it is
envisaged that the proposed IGA supermarket and
contemporary convenience speciality shops will satisfy a community need
not otherwise generally able to be readily accommodated in the traditional
village centre.
The role of the proposed convenience IGA shopping complex is not
expected to compete with the traditional centre, nor detract from its existing
highly successful social/entertainment role, rather it will provide the potential
to strengthen the traditional centre by reducing leakage (in $’s and resident
numbers), to Coolum Beach, Peregian Springs or elsewhere, and attracting
additional patronage to the Village Square by those locals currently
shopping at Coles and Woolworths etc outside of Peregian Beach
The ’Needs Assessment’ by Foresight Partners Pty Ltd (February 2013) a highly
experienced and regarded Brisbane based economics consultancy
concluded (Source:SUMMARY):
. The proposed closure of the Friendly Grocer supermarket store "will likely
leave only one small food/grocery store (approximately 150m2) in Peregian
Beach which is expected to be part of the Essence development. A food
store of this size offers only a small product range generally limited to
confectionary, drinks and a small variety of convenience food. Without a
local supermarket residents of Peregian Beach must travel outside th3eir
community for basic food and grocery needs ";
. "The lack of supermarkets indicates a clear void in the existing retail provision.
However, there are no suitably zoned sites of sufficient size in Peregian Beach
to accommodate a supermarket";
. The proposed centre will have a convenience shopping and services focus
and will complement the established retail network in the Village Centre"
. "Of the centre’s forecast $12.6million in year one turnover more than $1O.5m
(85%) is expected to be recapture of spending currently escaping form
Peregian Beach";
. "The proposed centre has particular benefits including greater local retail
choice, enhanced local accessibility to commonly used retail facilities,
reduction in escape spending, a boost to locally based employment and
greater job containment. Moreover, a community the size of Peregian Beach
would reasonably expect to be serviced by a local supermarket.";
. "It is therefore concluded that there is a clear and significant economic and
community need for the proposed neighbourhood centre>"
It may be the case that part of the reason for the proposed closure of the
Friendly Grocer and its replacement by a Restaurant and small market stalls
is reflective of the fact that the neighbourhood village centre functions as an
entertainment/dining/social centre and not as a true convenience shopping
centre.
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6.0 PEREGIAN BEACH -
THE PAST, PRESENT AND POTENTIAL
FUTURE
(1) It is often said that to know what the future holds it is important to
understand the Past, and then what the Present provides, and what
might influence the future, This applies equally to the evolution of
communities which inevitably alter over time until fully established or
trends (residential, retail, tourism etc )dictate ongoing changes within
established communities.
(2) Peregian’s Past Peregian was established in the early 1960’s by TM
-
Burke Pty Ltd a major National Development Company, via a number
of development leases. Its name was derived from the small rocky
outcrop to its south known as Mt Peregian or Emu Mountain (Source:
"Up Rose An Emu" by Peter Sharpe (2009)an informative read by
anyone interested in the development of Noosa’s Peregian Beach,
Marcus Beach and Sunrise Beach). In 1967/68 its name was changed
by the addition of ’Beach’,considered necessary to ensure people
were aware of its location adjacent to the Coast.
The existing Tennis complex at the end of Rufous Street, a Community
Swimming Pool (where the Neighbourhood Centre’s Village Square
now exists) and the Peregian Beach Bowls Club site (on a Special
Lease of land) were all conceived and commenced by TM Burke in
the early 1960’s. According to Peter Sharpe the Bowls Club was
intended to provide "some form of community facility to bring people
together". The first green was established in 1969 and on 11 th July 1970
the Club was officially declared open, with the second green
established in 1976.
The community swimming pool was provided by TM Burke Pty Ltd and
was free to the public. It was ultimately closed when the pumps and
filtration machinery reached its use by date.
Noosa Council is to be complimented for establishing an historical
reminder of the Swimming pool complex through the retention of a set
of swimmers climbing pool bars located in the S-E quadrant of the
Village Square.
It is understood that the current village Square was created as Lot 373 on
P93119 in 1966. Later, in 1981 it was gazetted as Reserve 1408 for Local
government (Business and Pool) purposes.
Council ultimately filled the pool in, enabling the current village square
and its associated commercial and retail businesses to establish.
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So in a relatively short period of 50-60 years Peregian Beach, a highly
coveted and successful informal coastal village has developed out of
vacant land, with the
village square transitioning from what was
previously a community recreation facility (Swimming pool complex) into
a highly successful and relatively unique Village Square, which functions
very much as a Social, Entertainment and Dining Place, and is highly
frequented by locals and other Sunshine Coast residents who enjoy its
family orientated
(3) Peter Sharpe, in concluding his narrative on the Bowls Club states
"Additional licensed premises, the growth and expansion of the Surf
Club, a drop in patronage ,and the overall interest in other community
facilities by the general public may well see its demise ".
(4) It would appear, to some extent, based upon the reason for the past
transitional change in land-use of the village square, a limited population
(about 4,500) with very limited opportunity for growth, the attraction of
the coastal beach and public foreshore open space, and for the
reasons stated by Peter Sharpe, that the viability of many potential
recreational and similar activities, particularly west of the David Low Way
could be expected to experience similar difficulties to the swimming pool
complex, and the Bowls Club, namely:
. Limited population and funds,
. An ageing population,
. A growth in alternative licensed premises,
. The presence of the beach and foreshore and Surf Club, and what
they offer,
. A trend towards more and more informal, rather than formal,
recreational activities, particularly for team activities, and
. The availability of a relatively wide range of recreational facilities
within 30 minutes drive (north and south) of Peregian Beach.
This is not to say that there may be some potential for recreational
facilities, of a local scale, however, it is hard to imagine what these might
be given the site has remained abandoned for 3 years and the Council
has not resolved to purchase the site on behalf of the local community.
The limited area of Lot 94 is conceivably not suited to many public
recreational activities, ignoring the viability issue.
Peregian Beach Circa 2013:
The vast majority of development and community activities at Peregian
Beach occur east of the David Low Way, because of the natural
attraction of the Beach and foreshore.
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Peregian Beach has developed into an attractive seaside residential
community of about 4500 residents, with a highly attractive and
successful informal Village Centre (Square) referred to in the Noosa Plan
as a Neighbourhood Centre. The extent to which it offers local
convenience neighbourhood shopping facilities is debatable. It is likely
that normal week-to-week convenience shopping is generally
undertaken outside of Peregian Beach due to a dearth in variety and
choice of contemporary convenience shopping produce and goods.
Natural vegetation and introduced landscaping are highly important
features of the local streetscape.and landscape, and contribute
substantially to the attraction and success of Peregian Beach its Village
Centre (Square).
Observations over many years by the author of this report suggests that
the Village Centre functions more as a Social/Entertainment/Dining
Place rather than as a Convenience shopping Place, as evidenced by
the type and range of retail uses within the Centre.
In response to developing community needs and limited opportunities
within the existing Neighbourhood Village Centre contemporary business
and recreational/entertainment activities over the past 5 -
7 years have
needed to establish outside the Centre, generally on its edge albeit on
the opposite sides of the David Low Way, and Heron Street. These
contemporary developments comprise:
. the Peregian Beach Tavern west of the David Low Way,
. the mixed use business development on the north side of Heron Street,
. the Marquesas Business (Bank and Offices) west of the David Low Way
immediately adjoining the proposed IGA complex sites,
. the Peregian Vegetable Village next to the Tennis Courts west of the
David Low Way and accessed from Rufous Street, and
. the P & E Court approved and yet established Essence re-
development of the abandoned Peregian Beach Caravan Park (
west side of the David Low Way).
Exciting plans also exist for the re-development of the Friendly Grocer
premises at the north-east corner of the Square. It is understood that the
proposal is to develop a Restaurant at ground floor level with Offices
above (first floor level) and a roof top terrace garden. The restaurant will
operate at night whilst during the day it will be scaled back by about
50% (in floor area) with the balance used for 4-5 under cover market
stalls. Most significant will be the conversion of an existing un-attractive
blank fa ade to Heron Street into an attractive active streetscape which
will encourage promenading and introduce life and additional dining at
the Village Square.
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Additionally the Peregian Originals, a monthly market/concert activity
which has operated since about 2000 takes place on the foreshore near
the Surf Club, and contributes to the attractiveness and
social/entertainment theme which prevails in the nearby Village Square.
All of these elements have added to the ’richness’ of the Peregian
Beach community, and generally an improved lifestyle for its residents.
The Future:
It is frequent observation that by and large, segments of any
a
community are either opposed to change or are unable to initially
appreciate what the changes might bring; usually the changes,
particularly the larger changes which often raise community concern
and a degree of opposition, often produce positive long term
community benefits. Local examples are the establishment of the
Eumundi Markets which have contributed to the re-vitalisation of the
village centre rather than its demise as was initially expressed by certain
local traders, and the Buderim Tavern which was strenuously opposed by
considerable numbers of local residents, but which is now well
patronised and the venue for many community events, and more
recently the approved relocation of the Horton Park Golf Course to
enable Master Planned ’centre of town’ development to occur.
As with the demise of the community swimming pool, other public open
space/ community recreational uses have struggled to remain viable, in
some instances for the reasons set out above, for example the Peregian
Beach Caravan Park and The Bowls Club.
As has been evidenced by the list of contemporary developments
above, which have all established outside the Neighbourhood Centre
with little to no impacts on the success of the Neighbourhood Centre, it is
extremely unlikely that any competitive site development, particularly by
a bona fide convenience shopping facility as proposed, would prejudice
the essential core Peregian Beach lifestyle elements. These being:
. the Village Square,
. the Surf Club and associated foreshore,
. numerous landscaping/vegetated features,
. the Community Centre,
. Tennis Centre,
. The Vegetable Village,
. Oi Hurst Oval, and
. the Commercial development at Heron Street,
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This is particularly so given the relatively unique and attractive setting,
informal nature, and Social function of the Village Square, and because
both the
Village Square and the proposed convenience shopping
complex will
clearly serve two (2) distinct roles for the Peregian
Beach/Castaways/Marcus Beach residents. Refer also to the findings of
the economic/retail "Needs Assessment" by Foresight Partners (February
2013) which concluded similarly in this respect.
In past times it is known that many Peregian Beach local residents
shopped at the IGA supermarket at Coolum before it was taken over
and replaced by Coles. It would seem reasonable to expect that a
modern IGA store at Peregian Beach could be well patronised given the
absence of Peregian Beach supermarkets and a general absence of a
wide range of convenience shopping facilities, generally.
With respect to the proposed development and its relationship with the
potential future of development of Peregian Beach, assuming changes
will occur over time, some more major than others, the following P & E
Court extracts (Gaven Developments Pty Ltd v Scenic Rim Regional
Council, the Tamborine Mountain Progress Association Incorporated, et
al) may be of relevance, particularly given that the subject Court
Appeal involved the establishment of an enlarged (in terms of gfa and
range of produce IGA store at Mt Tamborine outside the designated
business precinct (Source:BD 2747 of 2008), namely:
. ’If "edge of centre" development is to be tolerated, and if there are no
other suitable and available sites within the zoned Local Centre, an
edge-of-centre site is preferred to a more remote location"
. "Taking 1000 or so local people to be opposed (out of 7,500), we are still
far from a majority. Even if the majority of the opponents be taken to
hold a strong view that there is no need for the proposal (in opposition to
the economic experts) we are
far~short of having a community view
established that there is no need th situation must be that the weight of
numbers, whilst not ignored, cannot prevail."
. "What is more important than numbers alone is the validity of the
contents of the submissions"
. "It is not a proper function of the court to act with a view to preserving
the status quo, to restrict the introduction of competition, etc. Its proper
function is to assess the merits of the development proposal and whether
conflicts with the planning scheme must defeat it or can become
overcome by sufficient grounds.
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. "The proposal results in economic and community benefit overall and
would go so far as to hold that the "need"satisfied is "overwhelming".
The potential conversion of the privately owned Open Space Recreation
zoned Lot 94 to a commercial purpose usage is not a change unique to
Peregian Beach. The Horton Park Golf Course is but one similar local
example. No doubt there will be concern expressed, and undeniably
objections lodged by some locals, however, it may well be that the
concerns expressed by Peter Sharpe in his book "Up Rose an Emu" do
have some validity, and the majority of the community may foresee the
longer term community and economic benefits of the proposed IGA
complex..
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.
7.0 RELEVANT TOWN PLANNING LEGISLATION
7.1 Sustainable Planning Act 2009
The Sustainable Planning Act 2009(SPA) provides the overall statutory
planning framework for Queensland. The subject site is located within the
local government boundaries of the Sunshine Coast Council, in the Noosa
sub-region. As such, the subject site is subject to the provisions contained in
the Noosa Plan 2008.
Based the relevant provIsions of the Noosa plan 2008 the proposed
on
development requires Impact Assessment. Those matters which the
Assessment Manager must regard when assessing the development
application are set out in section 314 of SPA and are as follows:
(1) This section applies to 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;
(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) temporary local planning instrument;
a
(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.
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(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.
We have highlighted subsection
3(b) because it warrants careful
consideration in the assessment of this proposal. The site comprises two (2)
allotments, one of which functions as a Community Centre car park (lot 95)
whilst the balance lot 94 contains the vacant (abandoned)Peregian Beach
Lawn Bowls complex, which ceased operating about 3 years ago due to
increasing operating debt.
7.2 State Planning Regulatory Provisions
There are currently eleven (11)State Planning Regulatory Provisions (SPRPs) in
force and these are set out below:
Far North Qld Regional Plan 2009 -
2031 SPRPs 2009 (Feb 2009);
SEQ Regional Plan 2009-2031 SPRP (July 2009);
Guragunbah SPRP (Dec2009);
SEQ Koala Conservation SPRPs (May 2010);
SPRPs (Adult Stores) (July 2010);
Off-road motorcycling facility on State-owned land at Wyaralong (Oct2010);
SPRP (adopted charges) (July 2012);
Wide Bay Burnett SPRPs (Sept 2011);
Yeerongpilly TOO State Planning Regulatory Provision (Nov 2011);
Draft Particular waste management activities on existing landfills SPRPs (Nov
2011);
Mackay, Isaac and Whitsunday SPRP (Feb 2012).
Of these SPRPs, only three (3) are applicable to the subject application, the
SEQ Regional Plan 2009-2031 SPRPs, the SEQ Koala Conservation SPRPs and
the SPRP (adopted charges). These are discussed below.
7.2.1 SEQ Regional Plan 2009-2031 SPRP (July 2009)
The site is subject to the South East Queensland Regional Plan 2009-2031
which was released in
July 2009 and also
subject to the South East
Queensland Regional Plan Regulatory Provisions 2009-2031 which implement
the Regional Plan. The subject site is included within the "Urban Footprint"
designation of the SEQRP
The "Urban Footprint" designation identifies land predominately allocated to
provide for the region’s urban development needs to 2031. The Regional
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Plan therefore seeks to focus future urban
growth within the "Urban
Footprint". Having regard to the intent of this designation, the proposed
shopping complex can, in principle, be supported as the proposal presents
the consolidation of urban growth within areas recognised for urban
development (i.e. "Urban Footprint").
7.2.2 SPRP (Adopted Charges) (July 2012)
The state Planning Regulatory Provisions came into effect in July 2012. The
SPRP establishes a maximum
adopted charge for trunk infrastructure.
Council has adopted an Infrastructure Charges Resolution in line with the
draft regulatory provisions and this development application will be levied in
accordance with this resolution. As such, no further assessment is required
against the draft SPRP.
7.3 State Planning Policies
state Planning Policies (SPP) are statutory instruments prepared under the
Sustainable Planning Act 2009, which provide for State government interests
to be considered in development related matters. The development
application must have regard to all relevant and applicable State Planning
Policies, which are not incorporated or reflected in the Noosa Plan. There
are currently thirteen (13)SPPs in force namely:
SPP 1/92 Development and the Conservation of Agricultural Land;
SPP 1/02 Development in the Vicinity of Certain Airports and Aviation
Facilities;
SPP 2/02 Planning and Managing Development involving Acid Sulfate
Soils;
SPP 1/03 Mitigating the adverse Impacts of Flood, Bushfire and Landslide;
SPP 1/07 Housing & Residential Development;
SPP 2/07 Protection of Extractive Resources and Guidelines;
SPP 2/10 South East Queensland Koala Conservation;
SPP 3/10 Acceleration of Compliance Assessment;
SPP 2/11 Planning for Stronger, More Resilient Floodplains (temporary);
and
SPP 3/11 Coastal Protection;
SPP 4/11 Protecting wetlands of high ecological significance in Great
Barrier Reef Catchments;
SPP 1/12 Protection of Queensland’s Strategic Cropping Land; and
TSPP 2/12 -
Planning for Prosperity.
The Minister for Local Government and Planning has confirmed that State
Planning Policies SPP 1/92 SPP 2/07 are adequately reflected in the Noosa
-
Plan and therefore no further assessment is required. SPP 2/10 and SPP2/11
provide direction to local governments when making or amending their
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planning schemes and is not relevant to the assessment of development
applications. SPP3/10 is not applicable to the subject application as
compliance assessment is not sought. SPP4/11 and SPP1/12 are not
applicable to the subject site.
The proposal is also considered to meet the aims of Temporary SPP2/12
which aims to facilitate economic growth in Queensland. The subject site
offers a well located and readily accessible site and compatible setting for
the establishment of a convenienceshopping complex incorporating a
supermarket. The immediate locality has compatible neighbouring uses
which would be expected to benefit from the proposal, and combined with
the absence of a suitably zoned site in the designated Neighbourhood
Centre, there is a strong case to suggest the proposal will offer an outcome
which not only replaces an abandoned use, but also provides a facility
which will attract active community interaction, whilst meeting an ongoing
community need and providing a positive economic outcome for the
Peregian Beach community.
No further assessment against the State Planning Policies is therefore
required.
7.4 Other State Interests
7.4.1 State Controlled Roads
The Department of Transport and Main Roads (DTMR) is expected to be
triggered as a Concurrence Agency.
7.5 Noosa Plan 2008
Development within the jurisdiction of the former Noosa Shire Council is
regulated by the Noosa Plan 2008. The Noosa Plan provides guidance for
development and sets out the Desired Environmental Outcomes (DEO’s),
relevant definitions, preferred dominant land uses, planning locality areas,
zoness, assessment provisions and standards for development and includes
the Strategic Plan and planning scheme Codes.
7.5.1 From a town planning perspective, the key issues for this application
relate to the planning intentions for the local areaEastern Beaches Locality -
-
and the amenity and character of the area. Matters relating to building
bulk and scale, traffic operations and environmental considerations are also
key matters.
7.5.2 The Noosa Plan 2008 commenced on the 3rd February 2006, and its
most recent consolidated update commenced on the 3rd March 2008. The
Noosa Plan is structured to include Land Use and Administrative Definitions,
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DEO’s, Localities, Overlays and Codes for development. The Provisions
relevant to this application include:
i) Definitions
ii) Desired Environmental Outcomes
iii) Eastern Beaches Locality;
iv) Overlays (although these are mostly addressed by others); and
v) Planning Scheme Codes
It is relevant to note that Noosa Plan includes a Strategic Framework outlining
the community vision for the Shire -
this framework however does not have a
role in the development assessment.
7.5.3 Definitions
The proposed uses of the site as a Supermarket, retail shops, Post office,
Bottle Shop and Coffee Shop are defined within the Noosa Plan 2008 as:
.a ’Commercial business Type 1 Office’ -
The use of premises for a
commercial business conducted in an office environment. The use
includes a bank, professional office, travel agent and estate sales
office.
. A ’Entertainment and dining business Type 1 Food & beverages’ -
the use of premises involving the sale of food and beverages for
consumption on the premises. The use class includes a function room
or restaurant or caf with dining facilities for 10 or more people; and
. A ’Retail Business Type 2 Shop & Salon’ the use of premises for an
-
activity that is generally found in a shopping complex, strip or centre.
The use includes a shop, hairdressing salon, appliance repairs,
alterations, dry cleaning, and a caf with dining facilities for up to 10
people.
All proposed uses are deemed inconsistent Open Space
uses in the
Recreation Zone and therefore the level of assessment is Impact Assessable.
7.5.4 Zone Description
The Open Space a Recreation Zone (lot 94) is described in the following term:
"The Open Space Recreation zone areas of open space contribute to the
desired lifestyle of residents by offering a variety of passive and active
recreational experiences that are conducive to community interaction and
"
wellbeing.
7.5.5 The Desired Environmental Outcomes (DEOs) set broad policy at a
Shire-wide level, and are the foundation from which all other provisions of the
Plan are developed. Part 3 of the Noosa Plan contains 12 DEOs, each
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relating to a specific land use policy -
ie. Commercial and retail uses,
residential uses etc. While it is noted that all DEOs are relevant to all
development, with respect to this appeal, the most pertinent DEOs are:
. DEO b) -
Commercial & Retail Uses;
. DEO c)
Community Uses and Facilities
-
. DEO g) Open Space, Environmental & Conservation Functions;
-
. DEO h) Recreation Uses
-
. DEO j) Tourism
-
7.5.5.1 DEO b) relates to commercial and retail uses and establishes a
hierarchy of centres for the Shire and provides for development in
appropriate locations. The DEO also focuses on centres having suitable
levels of amenity, service and access to the community. In terms of Peregian
Beach, Section b) vi is relevant and states:
vi "neighbourhood or visitor centres at Peregian Beach, Sunrise
Beach, Sunshine Beach, Noosa Heads, Noosaville Tewantin,
Cooroibah and Teewah."
7.5.5.2 The supporting information (boxed text) for this DEO outlines a number
of ’principles’. These are as follows:
. Residents and visitors use commercial & retail facilities on a
day-day basis. The character and design of the establishments
in which such business facilities are conducted are therefore a
significant influence on resident and visitor perception of the
Shire.
. Features such as human scale, development integrated with
surrounding built form and landscape fabric, visual relationships
between indoor spaces and outdoor spaces, low key informal
atmospheres and low stress traffic environment playa key role
in characterising commercial and retail facilities in Noosa shire.
.
.
Protecting the long term viability of the Shire business Centre
may mean setting aside short term needs to ensure the
medium-long term implementation of the centre. No other
centres or major retail and commercial developments are
intended within he coastal urban settlements, with the
exception of those servicing predominately neighbourhoods
and local communities.
. Existing centre in the shire serve different roles and will strive to
find a market edge, strengthen their market positions and
reinforce their individual identifies as a means of retaining their
competitiveness within the established retail hierarchy."
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7.5.5.3 Economic and Town Planning Comments:
(a)The following findings are from the Proposed Retail Centre
Peregian Beach Needs Assessment (February 2013) undertaken
by Foresight Partners a highly experienced and regarded
economics consultant, namely:
. "However, impacts are unlikely to adversely affect the vitality and
viability of any existing supermarkets or retail centres, and initial
impacts will be ameliorated by continuing market growth";
. The proposed closure of the Friendly Grocer supermarket store "will
likely leave only one small food/grocery store (approximately 150m2)
in Peregian Beach which is expected to be part of the Essence
development. A food store of this size offers only a small product
range generally limited to confectionary, drinks and a small variety of
convenience food. Without a local supermarket residents of Peregian
Beach must travel outside th3eir community for basic food and
grocery needs ";
. The establishment of a small neighbourhood centre with a
supermarket will fill a substantial void in the Peregian Beach area. The
need for the proposed centre is indicated by the lack of a
supermarket serving the trade area and the resulting substantial
expenditure escaping from the local community";
. "The lack of supermarkets indicates a clear void in the existing retail
provision. However, there are no suitably zoned sites of sufficient size in
Peregian Beach to accommodate a supermarket";
. The proposed centre will have a convenience shopping and services
focus and will complement the established retail network in the
Village Centre"
. "Of the centre’s forecast $12.6million in year one turnover more than
$10.5m (85%) is expected to be recapture of spending currently
escaping form Peregian Beach";
. "The proposed centre has particular benefits including greater local
retail choice, enhanced local accessibility to commonly used retail
facilities, reduction in escape spending, a boost to locally based
employment and greater job containment. Moreover, a community
the size of Peregian Beach would reasonably expect to be serviced
by a local supermarket.";
. "It is therefore concluded that there is a clear and significant
economic and community need for the proposed neighbourhood
centre"
(b) the proposed convenience shopping complex will provide a
secondary (to the existing Village Square) focal community point
for daily/weekly convenience shopping and social meeting venue;
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(c) the proposal offers the potential for the Neighbourhood Village
Centre to increasingly focus on being a
entertainment/dining/social Place rather than a convenience
shopping destination (which it currently does not fullfill), thereby
enhancing and strengthening an already very successful unique
social meeting place with which residents and regular visitors
identify with.
Based upon the above findings and observations it is considered that the
proposal does not compromise the achievement of this particular DEO, but
rather contributes positively in advancing its intended achievement.
7.5.6 DEO c) relates to Community Uses, and in particular the provision of
an adequate range of community services and facilities supporting the
physical, safety, artistic and social needs of the community are equitably
distributed having regard to the -
i. location and density of housing;
ii. location of transport infrastructure;
iii. location of business centres;
iv. social, economic and demographic patterns of
Noosa; and
v. function of towns and villages
,and in particular, the provision of lively and vibrant town centres and
community facilities in Noosa Shire which provide a community focal point,
sense of identity and means of social interaction.
Town Planning Comment:
(a) It is anticipated that the co-location of convenience shopping next to
the Peregian Beach community Centre will:
. heighten the local community’s awareness of the Community Centre;
.
strengthen the ongoing viability and function of the Community Centre;
and
. provide convenient shopping and eating facilities for visitors/staff of the
Community Centre;
The proposal does not compromise this DEO, and clearly has the potential to
contribute to the achievement of the DEO.
7.5.7 DEO g) focuses on open space, environment and conservation
functions and states:
"Networks of open space and natural habitat, vegetated lands
and riparian zones along waterways -
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are sensitively managed and protected from any
adverse impacts Including cumulative impacts, resulting
from development;
ii set Noosa Shire apart from other coastal parts of south-
eas Queensland by strongly protecting the natural
environment;
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
education opportunities;
vii enhance visual amenity; and
viii provide linkages beyond the Shire’s boundaries"
Town Planning Comments:
In our opinion the proposal is consistent with the DEO. More specifically, the
proposal:
. will incorporate water quality and quantity management elements
which will ensure that there are no discernible impacts on the
adjoining Noosa National park and wetland areas;
. will introduce landscaping/vegetation elements which will visually
enhance the natural, and man made environment beyond the
-
standard which currently exists, and which has existed for the past
50years;
. will enhance the local economy by arresting considerable escape
expenditure from Peregian Beach, and also assist the tourism industry
by complementing and enhancing the function of the
Neighbourhood Village Centre as a Entertainment/Dining/ Social
meeting Place;
. does not impact on the distinct urban locality of Peregian Beach;
. will incorporate high water quality, landscaping and biodiversity
outcomes;
. will enhance visual amenity by modernising an abandoned relatively
uninteresting site with a contemporary convenience shopping
complex, incorporating built and landscape design outcomes
characteristic of the Peregian Beach idiom;
Finally, it needs to be recognised that the subject site is privately owned, and
consequently the community expectations cannot be the same as that for
similarly zoned land in public ownership.
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7.5.8 DEO h) Sport and Recreation Uses:
This OEO relates to the creation of sport and recreation opportunities, strongly
relating to the outdoors, are established to facilitate social interaction,
healthy lifestyles and appreciation and protection of Noosa’s natural,
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
Town Planning Comments:
(a) It is our understanding that the previous use of Lot 94 as a lawn
bowls club ceased about 3 years ago and has remained abandoned since
then. ceasing it was financially supported by the Pine Rivers
Prior to it
Memorial Bowls Club, and had been financially unviable for a considerable
period of time.
(b) It is expected that there would be very limited recreational uses
that could activity operate on lot 94 because:
. the tendency is for many recreational pursuits to take
place east of the David Low Way along the Coast;
.
Peregian has a constrained population base as well as
an ageing population;
. There are no schools at Peregian Beach, and as such
youth recreational facilities are likely to be pursued
outside of Peregian Beach, with the exception of surfing
activities and the local skateboard venue ; and
. The nearby tennis complex sporting oval offer
and
facilities for the most obvious of community recreational
pursuits.
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(c) As set out at i and vi above, Noosa (and the Sunshine coast)
offer a wide range of informal recreational opportunities;
(d) As previously stated it needs to be recognised that the subject
site is privately owned, and consequently the community expectations
cannot be the same as that for similarly zoned land in public ownership.
(e) As mentioned
by Peter Sharpe in his book "Up Rose an Emu" ,
there may be a number of reasons why certain recreation uses may not be
viable/attractive on Lot 94.
In summary, it would not appear that the proposal will compromise the
relevant DEO’s to any discernible extent, and to the contrary the proposal is
likely to provide benefits to the users of neighbouring public recreation
spaces, including the adjacent Peregian Beach Community Centre.
7.5.9 DEO j) relates to Tourism and states-
"A tourism industry is developed and sustained which -
i is based on the Shire’s natural assets including the
subtropical climate, the beaches, watercourses and foreshores
and the National parks and bushland;
ii fosters an appreciation and understanding of heritage;
iii focuses on the coastal localities of Noosa Heads,
Noosaville, Sunshine Beach and Peregian Beach, but provides
complementary rural visitor accommodation;
iv offers visitors a range of experiences and
accommodation types;
v contributes to the economic wellbeing of the Shire; and
vi achieves ecological, economic and social
"
sustainability.
Town Planning Comment:
(a) The proposal whilst not directly a tourism project will never-the-Iess assist
the local tourism industry/operators by:
.
offering a range of convenience shopping produce for local
visitors and tourists to Peregian Beach without the need to
drive outside the area;
. enabling the tenancies in the Neighbourhood Village Centre
to focus on tourism related entertainment/dining/boutique
opportunities similar to the dominant existing usage of
existing tenancies; and
. as previously mentioned the proposal will contribute to the
economic wellbeing of Peregian Beach generally, and in
turn the Shire.
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In summary the proposal is not considered to compromise any of the Noosa
Plan’s pertinent DEO’s.
7.6 EASTERN BEACHES LOCALITY PLAN (the Plan) contains the
town planning provisions for development at Peregian Beach (et al Eastern
Beaches). The Plan contains:
. Locality Overlay Maps;
. Assessment Tables;
. Zone assessment tables for MCU’s;
. Assessment Table for the Locality; and
. The Eastern Beaches Locality Code
A non-statutory Character statement is provided at the beginning of the
Plan. To some extent this statement has been overtaken by events such as
the closure of the Peregian Beach Caravan Park which is referred to as
providing low cost visitor accommodation, and the closure of the Bowls
Club, which is described as being a facility at Peregian Beach. The
Statement also states that "peregian Beach serves a significant role in
.....
providing local convenience shopping, business and community services".
(my emphasis).
Similarly the Eastern Beaches Locality Code states that Peregian Beach
"Provides a range of local retail and commercial functions", (my emphasis)
whereas the Code’s overall outcomes for Peregian Beach are a "wide range
of local Retail, Commercial, Entertainment and Dining Uses within the
neighbourhood centre serve the immediate needs of residents and visitors of
the locality" (my emphasis). The Code continues with "the neighbourhood
centre provides an informal village like atmosphere with a low key attractive
and safe village square that engenders a "sense of place" and a public
focus for local community interaction and activity", and "The Peregian
Beach Neighbourhood Centre forms a focal point for the community
providing local shops, offices, restaurants and limited higher order functions
to support he day to day needs of residents and visitors".
One of the overall outcomes for Peregian Beach is "the neighbourhood
centre provides an informal village like atmosphere with a low key attractive
and safe village square that engenders a "sense of place" and a public
focus for local community interaction and activity; and"
Town Planning Comments:
(a) It is doubtful that the actual function of the neighbourhood centre
(Village Square) is one where a ’wide range of local Retail...’and ’serves a
significant role in providing local convenience shopping" and ’provides a
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arrange of local retail and commercial functions’ occur, particularly given
the proposed closure of the Friendly Grocer and its re-development into
more of a dining and entertainment facility, the general lack of choice and
supply of certain convenience products, and the responses from the
participants in the recent Community Survey.
(b) It is generally accepted that convenience (Supermarket) shopping is
undertaken at Coolum, Peregian Springs or elsewhere out of Peregian
Beach. The Needs Assessment Report by Foresight Partners Pty Ltd predicts
that about $10.5million of escape expenditure from Peregian Beach would
recaptured in 2015 (assumed first year of full trading).
The Eastern Beaches Locality Code contains a number of Specific Outcomes
and Probable Solutions which development is intended to satisfy. The
probably solutions are only 1 option for satisfying the Specific outcomes and
other solutions may exist. In some instances No solution is provided. A
summary of the relevant Specific Outcomes follows:
SPECIFIC OUTCOME PROBABLE SOLUTION
Element 7.9 Effects of Use No solution provided
Amenity 01 Comments: the existing amenity is
influenced by the mixed character of
the locality and the volume of traffic
and itsimpacts on the David Low
Way. The prevailing amenity of the
land is of an abandoned Bowls Club
and a community car park which
warrants upgrading.
It proposed to enhance the
is
amenity of the locality with
introduced landscaping, and an
architecturally designed complex
which will reflect the desirable casual
seaside coastal
design idiom
characteristic of the
locality and
more recently expressed in the
contemporary Marquesas and Heron
Street developments.
Character and function of the David No solution provided
Low Way 02 Comments: landscaping will be
introduced along all site boundaries
(refer to Landscape Masterplan @
Attachment B) and throughout the
site complementing that which exists
near the site. The safe and efficient
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function of the David Low Way will
be maintained in accordance with
the findings of a Traffic Assessment by
PTT Consulting.
Element 7.10 Built Form 11 m if used for an indoor
sporting
Height 04 complex in the Open Space
Recreation zone, otherwise 8m.
Comments: the proposal will not
exceed 8 metres.
Setbacks 05 As per schedule 1 -
Minimum
Boundary Setbacks, namely 10metres
for frontages and to any residential
zone, otherwise 3 metres.
Comments: Schedule 1 requires a
10m set-back to Rufous Street as Lot
94 does not have frontage to the
a
David Low Way. The proposed
Complex will be set back about
30metres (minimum) from the David
Low Way due to the Community
Centre Car Park allotment being
between the site and that Road. The
building has a minimum alignment
set-back of about 6 metres to Rufous
Street ,
however, in practical terms,
due to a variable width street reserve
for Rufous Street thebuilding is set
back about (minimum) 15metres
from the edge of carriageway at its
northern end and about 24 metres at
its southern end. As there are no
residential properties in Rufous Street,
and it carries only destination traffic
to the Tennis Complex and the
Community Vegetable Garden.
In respect of the Specific Outcomes
It is considered that the proposal
does not undermine the amenity for
users of the premise, the neighbours
north of Woodland Drive, or the
general public visiting the tennis
complex or the Community
Vegetable Garden. The existing
informal verge in Rufous Street has
ample space for landscaping and
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retention of the existing generally
’open’ character along Rufous
street.
Site cover, gross floor area and plot No solution provided
ratio 06 Comments: It is considered that the
proposal complies with 06 a) to e)
Flooding and drainage 011 Comments: The site is above any
Flood Plain, and drainage has been
addressed by i3 Consulting -
refer to
Attachment D.
Roof Form 012 Comments: The proposal complies
with S 12.2 but is in conflict with S 12.1
and sub-clause (d) of Specific
Outcome 012
7.11 Environment, Conservation and No solution provided
Recreation Comments: Full compliance with 015
Environmental and cultural heritage a) to i) inclusive is proposed.
values 015
Open Space network 016 Comments: proposal will
the
enhance the public access through
the site compared with the previous
abandoned use as a Bowls Club.
Pedestrian and bicycle pathways Pedestrian access will be potentially
available from the David Low Way &
Rufous Street and Bicycle parking
facilities will be provided on-site.
Aircraft Safety As with neighbouring development
of similar
height no adverse
a
impacts on the operation of aircraft
will arise.
In summary it is considered that the proposal generally satisfies all relevant
Specific Outcomes of the eastern Beaches Locality Code, with very few
exceptions and any non compliance is deemed low level or minor.
In relation to the conflict with 012 the following comments are offered,
namely:
1. The design is not dissimilar to the skyline outcome of the adjoining
"Marquesas" which appears to have a similar roof pitch to that
proposed by the proposal, whilst the Marquesas building is some
200mm higher;
2. It is difficult to image that any member of the general public either
driving or walking past the site would know what the roof pitch was
and certainly would not be able to discern the difference between a
30 and 50 Roof pitch. A comparison with the streetscape of the
Peregian Beach Tavern building rooflines would seem to further
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illustrate this
point it is difficult to image that a member of the
-
general public would know what the pitch was of the tavern’s various
roof lines;
3. The proposal complies with the other four (4)sub-clauses of 012;
4. The proposal is not in conflict with overall outcome (c), and is
therefore not in conflict with that component of the Code’s purpose;
and
5. The visual appearance of the building and its roof line (pitch) will be
softened and fragmented by the establishment of various
landscaping elements in a similar way to that of the tavern as
observed by the general public as they pass the site.
7.7 Other Relevant Noosa Plan Codes
In addition to the Eastern Beaches Locality Code the following codes (as
identified in the Pre-lodgement Meeting Minutes) are also relevant to the
proposal, namely:
(i) Business Uses Code;
(ii) Driveways and Car parking Code;
(iii) Landscaping Code; and
(iv) Engineering Works Code -
there is no such Code in the
Noosa Plan so it is assumed this was intended to say earthworks Code
The following Codes also require consideration, namely -
(v) Transport, Roads and Drainage Code
(vi) Water Sensitive Code
Commentary on the pertinent elements of each of the codes follow:-
7.7.1 Business Uses Code
1 .
The overall outcomes south for the Business Uses Code
are the following -
oj Existing and future populations have access to an
adequate level of goods and services; and
b) Business Uses meet the needs and expectations
of the Noosa community in terms of providing-
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i. human scale in the building design
ii. development that integrates with natural
landforms and landscape features;
iii. development that is compatible with the
existing character and amenity of the
streetscape and surrounding area;
iv. a low key, informal atmosphere;
v. high levels of visual and acoustic amenity;
vi. a low key, informal atmosphere;
vii. safety and security for property owners;
employees and patrons;
viii. logical traffic arrangements without
congestion or lengthy delays; and
viii. logical traffic arrangements without
congestion or lengthy delays; and
ix. for the protection of the environment and
heritage values.
c) Business Uses contributed positively to the Shire’s
economy and employment.
d) Business Uses are located where there is an
appropriate level of infrastructure and a wide range
of functions to support those uses;
e) Business development has high levels of
accessibility and functionality.
f) Business development recognises and protects
Noosa’s natural resources and environmental
values and seeks to provide sustainable
economic and employment growth across a
range of industry sectors.
g) Business development is consistent with the
hierarchy of centres across Noosa:
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h) Business Uses are energy and water efficient."
Comments:
(a) The built scale of the proposal will be slightly less than that of
the adjoining ’Marquesas’ commercial complex fronting the David Low Way.
It is intended that the scale will be ’softened’ by the use of varying colour
tones, materials, textures and strategic landscaping elements. The human
scale will be similar to the existing village centre and development on the
north side of Heron street, and the Peregian Beach tavern.
(b) The proposal is intended to visually integrate with the
neighbouring ’Marquesas’ complex and Peregian Beach Community
Centre, largely through the use of quality landscaping, and the use of
sympathetic building materials and design elements.
(c) The existing character and amenity of the streetscape is mixed
due to:
. The David Low Way being a relatively high traffic use,
and
. The nature of varying neighbouring uses, being -
);> The Marquesas complex (S-E)
);> The Peregian Beach Community Centre(N)
);> The Telstra Building (N)
);> The sports field (W)
The co-location of the proposed development with the adjoining
’Marquesas’ complex and community centre does not result in any major
incompatibility, as it is expected that the occupants and visitors to both the
developments will utilise the proposal’s convenience services/facilities.
(d) An attractive outdoor ’setting’ adjacent to the buildings is
proposed and is able to be conditioned.
(e) Considerable attention will be provided to the visual outcome
to ensure compatibility with the local community’s landscape and
streetscape expectations.
(f) Unlike the traditional village centre, the proposal will not be
able to offer the same degree of informality without significant landscaping
elements within Rufous street (and possibly the David Low Way) frontages,
and the development itself.
(g) Safe and secure outcomes will be fundamental to the design.
(h) The traffic impact assessment by PTT Consulting is intended to
ensure logical efficient and safe traffic movement.
(i) The proposal will not jeopardise any environmental or heritage
values, of which no known ones exist.
2. Pertinent Specific Outcomes -
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(j)Specific Outcome 14.13 Effects of Use: Uses are of a
commercial or retail nature ordinarily expected within a town or village
centre.
Comment:
The proposal is for such uses, however, as previously mentioned there is no
suitably zoned land within the existing village centre to accommodate a
supermarket and/or enable the establishment of speciality shops sought by
local traders.
It is also noted that the language refers to ’ordinarily’ (It could be interpreted
that the word ’ordinarily’ could be replaced by ’generally’) and not
’exclusively’, and as such it is possible that this is in recognition of the need to
allow for the changing retail needs/trends throughout local communities.
7.7.2 Business Uses Code -
Specific Outcomes
Site Locality S2.1 The site is located within one
02 The site is located within an of the following zones:
existing business centre,
neighbourhood centre or village a) Business Centre Zone;
centre; b) Neighbourhood Centre zone;
c) Village Mix Zone
and
S3.1 The new use does not rely on
03 The new use occupies an the addition of any new buildings or
existing building without the expansion of buildings or
increasing the size of the building outdoor use area and no partition
or the use area and without walls are created to increase the
increasing the number of number of businesses.
tenancies.
Comment:
(a) The site is not located within an existing business centre,
neighbourhood centre or village centre.
It is not possible for the development to be located in Peregian Beach’s
Neighbourhood Centre due to the absence of any available suitably zoned
land or premises. Further there is no other suitably zoned land to
accommodate a contemporary Supermarket at Peregian Beach refer also -
to the "Needs Assessment" report Summary by Foresight Partners Pty Ltd
(February 2013).
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.
Amenity
04 The new use is operated in S4.1 Where the site adjoins land
a manner that avoids noise in a residential zone, the use
emissions thatunreasonably does not operate outside of
diminish the amenity of the the hours of 7.00 am to 9.00
area or surrounding uses. pm.
AND
05 Advertising devices -
a) are compatible with the S5.1 New or additional signage
human-scale and character of does not include:
the centre in which they are a) flagpoles attached to a
situated; building or structure, used for
b) are compatible with the displaying a commercial
scale, proportion, bulk and banner or flat;
other characteristics of b) a sign fitted or painted on a
buildings, structures and blind or sunhood;
landscaping; and c) a sign capable of displaying
c) are designed, sited and a number of messages by
integrated so as not to electronic or mechanical
contribute to the proliferation means;
of visual clutter. d) a sign displayed on a
surface by the projection of
AND light;
e) a sign painted on a roof;
f) a sign affixed to or
extending above a roof or
parapet of a building or other
structure and which is wholly or
partially supported by the
building or structure;
or
g) a 3-dimensional device
erected or installed for the
purpose of advertising
AND
S5.2 The maximum sign face
area of any single sign does
not exceed 4m2 on any face;
AND
S5.3 The maximum combined
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’
sign face area of all signs on
the premises is 10m2.
06 Waste storage areas, S6.1 Waste storage areas,
external storage areas and external storage areas and
loading docks do not detract loading docks are visually
from the visual amenity of the screened by landscaping or
streetscape or cause nuisance fencing.
to adjoining properties.
Comment:
(a) Whilst the site adjoins land in a residential zone that land has
been developed with a commercial use, namely the ’Marquesas’ complex.
(b) Signage will comply with the acceptable measures.
(c) Waste Storage and loading/unloading facilities for the
supermarket will be to the rear (Rufous Street) and generally not visible from
any residential property, with the possible minor exception of some
residences north of Woodland Drive. The facility will not be visible to the
David Low Way.
(d) For all Business Uses refer to Attachment "F" for a full copy of the
associated Specific Outcomes and Probable Solutions (Table 14-8).
Comments in relation to said Outcomes, follow.
Comments:
(a) Electricity infrastructure-
The proposal will comply with 018 and 019.
(b) Noise-
Any air-conditioning or refrigeration unit will be installed to
ensure the amenity of the surrounding area is not unreasonably impact
upon and the installation of such will be duly certified by a quality acoustic
consultant.
(c) Mechanical Plant and equipment and storage-
All such elements will be visually buffered and can be
conditioned accordingly.
(d) Safety and Security-
The boundaries of Lot 94 will be defined by landscaping along boundaries
along with the construction of a ground level car park.
All exists/entrances will be lit.
Surveillance to the David Low Way will be clearly apparent, whilst security
and safety lighting to Rufous Street should be appropriate given the nature
of uses to the west and south-west.
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(e) Communal Open Space-
The design intent is to create a ’seamless’ outside-to-inside
transition so as to create a comfortable and informal shopping environment
commensurate with a coastal setting. Seating and casual congregation will
be encouraged.
(f) Vandalism-
Compliance will be ensured with S27.1 (a) (cl,as appropriate.
-
(g) Lighting-
All lighting will be in accordance with AS4282 "The Control of
the Obtrusive effects of Outdoor Lighting" and AS 1158.
(h) Public Toilets-
Whilst the toilets are proposed to the north of the proposed
shop tenancies and away from the main entrance to the IGA supermarket,
they will never-the-Iess be well defined by lighting and signage with visibility
to the David Low Way through the car park on Lot 95.
(i) Public Transport -
An existing Bus Stop/Shelter exists on the David Low Way in
close proximity to the proposed development.
OJ Mobility Options -
Safe and convenient pedestrian and vehicular access exists
along the David Low Way, and the proposal is within 350 metres (about) of
the traditional village square (centre), such that walking/cycling between
both codes is within acceptable limits.
Bicycle parking spaces are proposed whilst shade structures
are proposed within the car park, and at the entrance to the IGA/shops
complex; covered pedestrian paths elsewhere are not proposed.
(k) Waste Storage-
Waste storage and collection areas will be screened and
located to the rear of the complex.
(I) Environment & Heritage-
No discernible impacts are envisaged. The site is void of any
significant vegetation or heritage values.
In Summary the proposal generally complies with the operational elements
of the Business Uses Code, although it is recognised that the site is not within
the Peregian Beach Neighbourhood Centre. Its location outside the
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Neighbourhood Centre is due to a number of factors, namely
(1) A total absence of land within the Neighbourhood Centre zone, as
evidenced by the relatively recent establishment of the Peregian
Beach Tavern, the Heron Street commercial development and the
approved Essence development outside said zone;
(2) preference to establish dining, fashion boutiques and other non-
A
essential every day local convenience uses within the
Neighbourhood Centre in recognition of the Centre’s function as a
Dining/entertainment/Social Meeting Place rather than a
contemporary convenience centre.
In the absence of establishing in the Neighbourhood Centre zone, it is
considered that the subject site, being generally near the ’edge’ of the
Neighbourhood Centre zone, and at the same time adjoining community,
recreational and office facilities, is conveniently positioned to provide
benefits to the local community and visitors, whilst not undermining the
established function of the Neighbourhood Centre. In fact the proposal has
the potential to provide synergies which will strengthen the function of said
Centre by way of attracting more expenditure and clientele to Peregian
Beach, and away from Coolum, Peregian Springs and the Noosa/Noosa
Junction locality.
7.7.3 Landscaping Code
The Code requirements have been addressed by Form Landscape
Architects (Brisbane) in the preparation of a preliminary conceptual design
and associated Landscaping Drawings refer to Attachment "B". Further,
-
reasonable and relevant landscaping outcomes are able to be conditioned.
Of interest to this "edge of village" proposal is the fact that Table 14.57 of
the Specific Outcomes "Exceptions for specific uses and other
development" states, inter alia -
"Business Uses
Commercial business where located on the western side of David Low Way,
Peregian Beach between Woodland Drive and Peregian Beach Caravan
Park."
This suggests that a business activity, albeit not a retail one, has an
opportunity to establish outside the nominated centre.
In addition, the establishment of the Peregian Beach Tavern and the Retail
premises on the north side of Heron Street, outside the village centre, along
with the recent P & E Court approved "Essence" (Scanlon) development on
the abandoned Peregian Beach Caravan Park site would suggest that the
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Noosa Plan’s planning intent for Peregian Beach has been over taken by
events, such as community needs, and the lack of available and suitably
zoned business land to facilitate the establishment of contemporary local
convenience retail use needs of the local community.
In summary the proposal along with reasonable and relevant conditions are
able to ensure the development’s full compliance with the Landscaping
Code.
7.7.4 Earthworks Code
As the site is essentially flat, and was previously used as a Bowls Club, little to
no significant earthworks are proposed, with minor changes of level only
proposed in the south-west corner of the car park. As such compliance with
Specific Outcomes 01, 02, 03, 04, 05, 06, 08, 09, 010 and 011 will be
readily complied with and satisfied. In relation to 07, all haulage is intended
to via Woodland Drive and Rufous Street so that very minimal impacts will be
noticeable by a very small number of neighbouring residents.
More specific outcomes in relation to stormwater quality and quantity
management and proposed earthworks has been addressed by i3
Consulting (Brisbane) refer to Attachment "0"
-
7.7.5 Driveways and Carparking Code
The Overall and Specific outcomes of this Code have been addressed by PTI
Consulting, Traffic and Transport -
reefer to Attachment "C".
7.7.6 Transport Roads and Drainage Code
Refer to Attachments "C"and"O" which address both Code Overall and
Specific Outcomes.
7.7.7 Water Sensitive Design Code
Refer to Attachment "0", which addresses the Code’s Overall and Specific
Outcomes.
7.8 Availability of Land Zoned Open Space Recreation
Lands included in the Open Space Recreation zone at Peregian Beach are
the site, Oi Hurst Oval, the adjoining Tennis Complex, the Village Vegetable
Garden and the Surf Life Saving Club site.
Only a detailed specific open space needs assessment would establish if the
area and use of these lands is sufficient to accommodate the likely long-
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term population of Peregian Beach. However, the following would suggest
that adequate land exists in this zone, namely:
1. Said zoned land is
complemented and supplemented by the
proximity of Peregian Beach foreshore and beach, and the
associated recreational and leisure opportunities;
2. The relative low usage of the Di Hurst Oval complex;
3. The use of Open Space Recreation land as a Village Garden, rather
than more conventional recreation activities;
4. The generally small population of school-age children and teenagers
at Peregian Beach needed to viably support most recreational
facilities (ie note the demise of the community swimming pool); and
5. The general lack of population to support major sporting facilities (ie
note the demise of the Bowls Club).
Finally, it would seem that it is not out of the question, if there were a strong
community need for public open space and recreation facilities at Peregian
Beach that the Di Hurst Oval complex could accommodate them or
additional public land could be made available adjoining said complex.
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8.0 COMMUNITY SURVEY
8.1 Community Survey undertaken in March 2013 found a level of
A
opposition to the proposed development of Lot 94 for the proposal,
however, due to the inconsistency of participant responses to various
questions it is difficult to establish if the level of opposition was to the
commercial development of lot 94 per se, or to the establishment of a
convenience Supermarket complex outside the Neighbourhood Centre or
anywhere in Peregian Beach, or both.
A copy of the Community Survey Results is at Attachment G.
8.2 In addition to the inconsistencies
(refer to the which arose
CONCLUSION and EXECUTIVE SUMMARY @ Attachment G) a number of
other factors may be of relevance to the community and Council in
evaluating this application, namely:
1. The findings of the independent Needs Assessment by Foresight
Partners Pty Ltd which found, inter alia, that there would be a $10.5m
re-capture of escape spending from Peregian Beach residents in year
1 of trading, back in to the local community;
2. The same report found that there is a "significant economic and
community need for the proposed neighbourhood centre";
3. Future generations have been under-represented in the Survey with
only 11 % of the participants being younger than 35 years of age;
4. How many of the local residents are aware that the existing Friendly
Grocer premises has been approved for re-development with a
restaurant and market stalls/50m2 retail food area, thereby leaving
Peregian Beach with no supermarket?;
5. Has the local community placed considerable weight on the
’Scanlon" approval as either providing convenience goods if and
when development occurs, or is the community still incensed that the
proposed development was ever approved?
6. Is the community aware that there is no suitably zoned land for a
similar development elsewhere at Peregian Beach?
7. Does the community understand the implications of the site being
privately owned and yet seemingly sterilised against development
other than that for the community at no recompense to the owner?
8. Does 88% of the community want or need to do their larger
weekly/monthly shops outside of Peregian Beach to the detriment to
the Peregian Beach economy, particularly taking into account rising
fuel costs, an ageing population and the convenience of shopping
locally;
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1NTEQInV.EXClUENCE’5l.ICCE5!
9. There are at least twenty nine (29) IGA Supermarket Stores (along with
Coles, Woolworths, ALDI, Foodland, and 7- 7 Supermarkets) distributed
throughout the various towns and villages across the Sunshine Coast,
which we assume have been embraced by those communities it -
therefore seems reasonable to understand precisely whether the
concern by the participants is that the site is being proposed for
’Commercial development’ or that sectors of the Peregian Beach
Community just do not want an IGA Supermarket complex, or both?
10. Does the general local community appreciate that existing local
businesses are unlikely to be threatened or disadvantaged (refer to
findings of Economic Needs report), and that in fact they may benefit
from increased local trade, rather than have escape spending occur
elsewhere? and
11. Although 72% of participants recognise that the
Neighbourhood
(Village Square) Centre serves an an Entertainment/Dining/Social
meeting place, rather than a convenience shopping role, it may be
that they do not appreciate that said centre and the proposed
complex will likely complement one another, and strengthen the
former by retaining weekly/monthly large shops (expenditure) and
associated other activities at Peregian Beach.
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1NTEGIInV’EXCRlfNC(.SI..ICCE
9.0 SUMMARY
9.1 Lot 94 was originally established with a Bowls Club by TM Burke Pty
Ltd, a private Development Company in the early 1960s as a
community meeting venue. Its ultimate use as a Bowls Club resulted
in sections of the community not utilising the facility to the point that
it became economically unviable as a Bowls Club about 3-4 years
ago and has remained abandoned for about the past 3 years. To
our knowledge no alternate viable community uses have been
identified for its future use and Council has not resolved to acquire
the site;
9.2 It is recognised that the intended Noosa Plan land use purpose for
Lot 94 is of an Open Space Recreation Zone type use, however, that
zone was applied to the, land at a time when it was occupied and
used by the Peregian Beach Bowls Club (over a period of some 38-
40 years). The Peregian Beach Bowls Club (PBBC) ceased to exist
about 3 years ago having been trading insolvent for a considerable
time, and the zone fails to recognise the subsequent ownership of
Lot 94 by the Pine Rivers Memorial Bowls Club who endeavoured to
assist the PBBC to trade out of their debt, but to no avail, such that
the site is now abandoned as a Bowls Club. Significantly the Site
remains in private ownership rather than public ownership;
9.3 As indicated in the recently (2010) published "Up Rose an Emu" book
about the establishment of Peregian Beach, Marcus Beach and
Sunrise Beach by Peter Sharpe the TM Burke Pty Ltd employee
responsible for the vision which resulted in the establishment of the
Bowls Club (and existing Tennis complex and abandoned Village
Square Swimming Pool complex) the demise of the Bowls Club would
likely be the result of a number of factors, some of which might
affect the viability of the community recreation uses west of the
David Low Ways;
9.4 The proposed Convenience Supermarket and small retail tenancies
complex will undoubtedly fill a void at Peregian Beach, one which is
unable to establish within the Neighbourhood Centre due to a lack
of appropriately zoned land and premises, and an apparent general
preference for dining/fashion boutiques/interior decoration type
uses to establish in the Centre;
9.5 The economic "Needs Assessment" report by Foresight Partners
found that "there is a significant economic and
clear and
community need for the proposed neighbourhood centre", and that
"more than $10.5m (85%) is expected tp be recapture of spending
currently escaping from Peregian Beach", and "the lack of
supermarkets indicates a clear void in the existing retail provision",
and most importantly "impacts are unlikely to adversely affect the
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vitality and viability of any existing supermarkets or retail centres and
initial impacts will be ameliorated by continuing market growth";
9.6 The co-location of the proposed complex adjoining the Peregian
Beach Community Centre, and the Marquesas commercial complex
and adjacent to various nearby community recreation and
entertainment facilities suggest that there would be benefits for users
of all said facilities;
9.7 The proposal does not compromise, to any major/significant degree
the relevant DEO’s, nor any of the relevant Noosa Plan Codes, and
any conflict is considered to be minor and of a low order
9.8 It is generally accepted by the town planning profession and the P &
E Court that ’If "edge of centre" development is to be tolerated,
and if there are no other suitable and available sites within the zoned
Local Centre, an edge-of-centre site is preferred to a more remote
location" Source: Parmac Investments Pfy Ltd v Bee 1490/2007)
9.9 An additional point of interest given that sectors of the community
are likely to be
opposed to the alienation of a community
recreational site (albeit privately owned) is that the P & E Court also
takes the view that ’the meaning of "overwhelming community
need" will vary enormously from case to case, and when as here the
need to be satisfied involves the daily essentials of ordinary life, the
bar should not be set too high.’ (Source:Parmac Investments Pty Ltd
v Bee 1490/2007);
9.10 The proposed IGA Supermarket will offer certain convenience
benefits to the Peregian Beach Community, not generally offered in
the Neighbourhood Centre or elsewhere at Peregian Beach namely:
. organic products,
.
vegan products,
. seafood,
. a delicatessen range of continental/gourmet/speciality lines,
. a full range of meat,
. locally sourced fresh and local produce
along with-
. a loyalty program for customers and the community,
. a Community Chest Program,
. an E-Catalogue/Direct catalogue offer,
. a soon to be available on-line shopping option, and
. a business which will be locally owned and operated providing up to
80 new fulltime and part-time jobs;
9.1 1 It would seem reasonable to conclude that sections of the Eastern Beaches
Locality Plan and Code are no longer applicable with the passage of time
and events since it initially commenced in 1997 and subsequently updated in
February 2006 (7years ago), as evidenced by:
. the closure of the Peregian Beach Caravan Park and its proposed
replacement by the P & E Court approved ’Scanlon’ mixed use
development -
not yet established;
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1NlIGAnY’excruENCE’StJ(CES\
. the closure and abandonment of the Peregian Bowls Club;
. the establishment of the Peregian Beach Tavern on the
western side of the David Low Way opposite the
neighbourhood centre;
. the establishment of the mixed commercial use development
on the north side of Heron Street opposite the neighbourhood
centre;
. the establishment of the commercial Marquesas development
on the western side of the David Low Way immediately
adjacent to the abandoned Bowls Club site; and
. the more recent approval for the closure of the Friendly
Grocer premises in the neighbourhood centre and its
conversion to a Restaurant and market stall type
development at ground level with offices above.
All of these developments are outside the designated neighbourhood centre
Zone.
9.12 A Community Survey undertaken in March 2013 found a level of
opposition to the proposed development of Lot 94 for the proposal,
however, due to the inconsistency of participant responses to various
questions it is difficult to establish if the level of opposition was to the
commercial development of lot 94 per se, or to the establishment of
a convenience Supermarket complex outside the Neighbourhood
.
Centre or anywhere in Peregian Beach, or both.
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1 0.0 CONCLUSION
It is acknowledged that the proposal produces conflicts with the Noosa Plan
2008, however, these are considered low order or minor conflicts, and
sufficient grounds, are provided to justify this approval despite those
planning scheme conflicts including:
10.1 Based upon the anticipated closure of the
Friendly Grocer in the
Neighbourhood Centre the proposal will provide the residents of
Peregian Beach with their only full range supermarket offering
amongst the normal range of goods the following produce from the
Store:
.
organic products,
.
vegan products,
. seafood,
. a full delicatessen range of continental/gourmet/speciality lines,
. a full range of meat,
.
locally sourced fresh and local produce
along with:
. a
loyalty program for customers and the community,
. a Community Chest Program,
. an E-Catalogue/Direct catalogue offer,
. an on-line shopping option,
. friendly, easy and convenient shopping, and
. a business which will be locally owned and operated providing
up to 80 new fulltime and part-time jobs.
10.2 an economic "Needs Assessment" report by Foresight Partners (2013)
found that "there is a clear and significant economic and community
need for the proposed neighbourhood centre", and that "more than
$10.5m (85%) is expected to be recaptured of spending currently
escaping from Peregian Beach" during the first year of full trading
(2015), and "the lack of supermarkets indicates a clear void in the
existing retail provision", and "impacts are unlikely to adversely affect
the vitality and viability of any existing supermarkets or retail centres
and initial impacts will be ameliorated by continuing market growth";
10.3 the proposal will mean that local residents will benefit form not
needing to travel to other supermarkets at Coolum, Peregian Beach
or elsewhere on a regular basis to undertaken their daily/weekly
convenience shopping, along with attendant saving in fuel costs,
wear and tear on vehicles and the additional time for travel and a
potential for accidents;
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10.4 It would seem reasonable to conclude that sections of the Eastern
Beaches Locality Plan and Code are no longer applicable with the
passage of time and events since it initially commenced in 1997 and
subsequently updated in February 2006 (7 years ago), as evidenced
by:
. the closure of the Peregian Beach Caravan Park and its
proposed replacement by the P & E Court approved
’Scanlon’ mixed use development -
not yet established;
. the closure and abandonment of the Peregian Bowls Club;
. the establishment of the Peregian Beach Tavern on the
western side of the David Low Way opposite the
neighbourhood centre;
. the establishment of the mixed commercial use development
on the north side of Heron Street opposite the neighbourhood
centre;
. the establishment of the commercial Marquesas development
on the western side of the David Low Way immediately
adjacent to the abandoned Bowls Club site; and
. the more recent approval for the closure of the Friendly
Grocer premises in the neighbourhood centre and its
conversion to a Restaurant and market stall type
development at ground level with offices above.
All of these developments with the exception of the Friendly Grocer)
are outside the designated neighbourhood centre Zone;
10.5 there are no appropriately zoned and suitable sites within the
Neighbourhood Centre Zone for such a convenience shopping facility
and the subject site which is deemed to be an edge-of-centre site
and is considered to be preferred to a more remote location;
10.6 the proposal is not considered to undermine the purpose of the
Eastern Beaches Locality Plan which is considered to be outdated as
a result of a number of commercial
developments which have
established Neighbourhood Centre over past recent
outside the
years, as well as the changing function of the Neighbourhood (Village
Square) Centre to one of a Dining, Entertainment and Social meeting
venue, rather than a local retail convenience shopping centre.
10.7 the proposal provides a significant economic and community need.
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INTlGArTY’EXauENCE’SUCCESS
On this basis, it is recommended that this application for Development Permit
for a Material Change of Use for an integrated development comprising a
’Commercial business Type 1 Office’ and ’Entertainment and dining business
Type 1 Food & beverages’ and ’Retail Business Type 2 Shop & Salon’ (IGA
Supermarket and Speciality Shops) on land legally described as Lot 94 on
RP137431 with frontage to Rufous Street at Peregian Beach be approved
subject to reasonable and relevant conditions. It would be appreciated if
the approval contained the wording "generally in accordance with" to
enable a small degree of flexibility in the final Speciality Shop tenancy
configuration.
Yours faithfully
~
Gary Dillon
Partner
DFS Group
May 2013 IA MCU IGA Complex at Peregian Page 57
Used in these records
Development Application part 3 of 10 Planning Report - MCU13/0092Related documentApplication case desk ↗
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