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2014-05-20 Planning & Organisation Committee Agenda
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AGENDA
Planning & Organisation
Committee Meeting
Tuesday, 20 May 2014
commencing at 1.30pm
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Noel Playford, Joe Jurisevic, Tony Wellington
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Full text of sections 2 to 95 (of 143)
Section 2
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
TABLE OF CONTENTS
ITEM SUBJECT PAGE
ATTENDANCE & APOLOGIES 3
PRESENTATIONS 3
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS 4
DA Planning 4
1. PLANNING & ENVIRONMENT COURT APPEAL 1648 OF 2014 – NOOSA ON
WEYBA DEVELOPMENT APPLICATION FOR PRELIMINARY APPROVAL FOR
A MIXED USE COMMUNITY TITLE DEVELOPMENT 4
2. DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A
RETAIL BUSINESS TYPE 2 – SHOP, ENTERTAINMENT & DINING BUSINESS
TYPE 2 - FOOD & BEVERAGES AND COMMERCIAL BUSINESS TYPE 1 –
OFFICE SITUATED AT 215 DAVID LOW WAY, PEREGIAN BEACH 6
3. APPLICATION FOR OPERATIONAL WORKS – EARTHWORKS SITUATED AT
26 EXHIBITION STREET, POMONA 35
4. UTILITY MODEL AND UNITYWATER’S INTERIM CONNECTION POLICY 44
Strategic Land Use Planning 81
5. SUBMISSIONS ON NOOSA PLAN AMENDMENTS PRELIMINARY
CONSULTATION 81
CORPORATE SERVICES DEPARTMENT REPORTS 89
Property and Facilities 89
6. GRANTING OF TENURE – NOOSA NORTH SHORE LANDING GROUND FOR
AIRCRAFT (LOT 7 MCH4562) 89
7. NOOSA RIVER CARAVAN PARK ONSITE MANAGEMENT CONTRACT 327401
- OPTION 95
8 SUNRISE NEIGHBOURHOOD SHOPPING CENTRE – SHOP 5 NEW LEASE
AGREEMENT 97
Finance 99
9. FINANCIAL PERFORMANCE – MAY 2014 99
EXECUTIVE OFFICE REPORTS 105
Governance 105
10. ADMINISTRATIVE ACTION COMPLAINT PROCESS 105
11. REVIEW OF INSTRUMENTS OF DELEGATIONS 113
Executive 141
12. APPOINTMENT OF ACTING CHIEF EXECUTIVE OFFICER 141
CLOSED SESSION 143
Page 2 of 143
Section 3
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
ATTENDANCE & APOLOGIES
PRESENTATIONS
Nil.
Page 3 of 143
Section 4
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS
(Excluding Infrastructure Reports)
DA Planning
1. PLANNING & ENVIRONMENT COURT APPEAL 1648 OF 2014 – NOOSA ON WEYBA
DEVELOPMENT APPLICATION FOR PRELIMINARY APPROVAL FOR A MIXED USE
COMMUNITY TITLE DEVELOPMENT
Author Senior Development Planner, Denis Wallace
Planning & Infrastructure
Index ECM/Application/MCU12/0208 & ECM/Subject/Case/Northbrook
Attachments Nil.
APPLICATION DETAILS
Applicant: Northbrook Corporation Pty Ltd
Application Number: MCU12/0208
Proposal: Preliminary Approval for Material Change of Use under Section
242 of the Sustainable Planning Scheme 2009 to vary the effect of
The Noosa Plan and Maroochy Plan 2000 Planning Schemes for a
mixed use community title development
Land Address: Eenie Creek Road, 99 & 191 Hollett Road, Noosaville and 106,
108-142 Tidswell Road, Weyba Downs
RP Descriptions: Lot 2 RP160983, Lot 2 SP179590, Lot 7 RP 46782, Lot 53
SP163571, Lot 1667 M37772, Lot 11 SP250714 Lot 12 RP893393
Land Area: 303ha
Planning Schemes: The Noosa Plan & Maroochy Plan 2000
RECOMMENDATION
That Council note the report by the Senior Development Planner to the Planning and
Organisation Committee dated 20 May 2014 regarding Planning & Environment Court Appeal
1648 of 2014 (Northbrook Corporation Pty Ltd) for the Noosa on Weyba development application
and agree to defend the appeal.
Page 4 of 143
Section 5
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
REPORT
A report on the Noosa on Weyba development application was considered by Council at its
Ordinary Meeting of 3 April 2014. Council resolved to refuse the application, finding 17 reasons
for refusal.
An appeal was lodged with the Planning and Environment Court on behalf of the applicant on 7
May 2014. The appeal is against the following:
Noosa Council’s decision (as Assessment Manager) to refuse the application;
Sunshine Coast Council’s decision (as a Concurrence Agency) to direct Noosa Council to
refuse that part of the development within its Local Government area; and
The Department of Environment and Heritage Protection’s decision (as a Concurrence
Agency) to apply a condition prohibiting above-ground infrastructure in mapped areas of
high ecological significance.
The appeal seeks to overturn these decisions and have the appellant’s appeal costs paid by
Council and the co-respondents.
It is in order for Council to defend the appeal.
Previous Council Consideration
A report on the Noosa on Weyba development application was considered by Council at its
Ordinary Meeting of 3 April 2014.
Finance & Risk
There will be significant costs for Council involved in defending the appeal and it is premature to
advise on the prospects of the appeal.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health X DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 5 of 143
Section 6
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
2. DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A RETAIL
BUSINESS TYPE 2 – SHOP, ENTERTAINMENT & DINING BUSINESS TYPE 2 - FOOD
& BEVERAGES AND COMMERCIAL BUSINESS TYPE 1 – OFFICE SITUATED AT 215
DAVID LOW WAY, PEREGIAN BEACH
Author Development Planner, Jack Lewis
Planning & Infrastructure
Index MCU13/0251
Attachments 1. Locality Plan
2. Proposal Plans
3. Zone Map
APPLICATION DETAILS
Applicant Scanlon Property Group – C/ Adamson Town Planning Pty Ltd
Proposal Development Permit for Material Change of Use - Retail
Business Type 2 - Shop, Entertainment & Dining Business - Type
1 Food & Beverages, Commercial Type 1 - Office
Properly Made Date 16 December 2013
Information Request Date 31 January 2014
Information Response Date 27 March 2014
Decision Due Date 25 June 2014
Number of Submissions 37 properly made submissions; and
2 not properly made submissions
PROPERTY DETAILS
Property Address 215 David Low Way, Peregian Beach
RP Description Lot 77 SP231615
Land Area 23,131m2
Existing Use of Land Dwelling House (previously a caravan park)
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Eastern Beaches
Zone Open Space Recreation & Semi Attached Housing
Overlays Biodiversity (Koala Habitat Area), Natural Hazards (Bushfire),
Natural Hazards (Potential Acid Sulfate Solis)
Assessment Type Impact
Page 6 of 143
Section 7
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
RECOMMENDATION
That Council note the report by Development Planner regarding Application No. MCU13/0251 for
a Development Permit for Material Change of Use for Retail Business Type 2 - Shop,
Entertainment & Dining Business - Type 1 Food & Beverages, Commercial Type 1 - Office
situated at 215 David Low Way, Peregian Beach and
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of the Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
2. Development authorised by this approval must be undertaken generally in
accordance with the Approved Plans listed below, unless otherwise amended by the
conditions of approval.
Plan Rev. Plan Name Date
No. Submitted
DA- 2 Site Plan, prepared by Red Door 27/03/2014
03 Architecture
DA- 2 Ground Floor Plan, prepared by Red 27/03/2014
04 Door Architecture
DA- 2 Elevations, prepared by Red Door 27/03/2014
05 Architecture
DA- 2 Elevations, prepared by Red Door 27/03/2014
06 Architecture
DA- 2 Sections, prepared by Red Door 27/03/2014
07 Architecture
DA- 2 Diagrammatic Perspectives, prepared 27/03/2014
08 by Red Door Architecture
DA- 2 Perspectives, prepared by Red Door 27/03/2014
09 Architecture
DA- 2 Perspectives, prepared by Red Door 27/03/2014
10 Architecture
Performance Bond
3. Security in the form of a cash bond or trading bank guarantee to the sum of $50,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to the issue of a Development Permit for Operational Works. The
cash bond or trading bank guarantee will be returned on performance of the
conditions of approval less any costs incurred by Council in respect of enforcing
performance of this permit. Council reserves the right to call upon the bond or
guaranteed sum to effect compliance with conditions.
Business Uses
4. The Retail Business Type 2 – Shop, and Entertainment & Dining Business – Type 1
Food & Beverage must not operate outside the hours of 7am to 9pm. Any restaurant
uses must not operate outside the hours of Sunday to Thursday 7am to 10pm, and
Friday and Saturday 7am to 12 midnight.
5. Service delivery vehicles must not conduct deliveries outside the hours of 6am and
9pm.
Page 7 of 143
Section 8
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
6. The tenancies are to have a minimum of 50% transparent glazing fronting the internal
carpark.
Advertising Signage
7. Any advertising sign or device is to comply with Council's policies on advertising,
alternatively, an application for Operational Works (Signage) is required for any
signage in excess of this requirement. The proposed advertising signage on the plans
listed within the decision notice is not approved.
Design
a. The development must be finished in muted tones which blend in with the natural
surrounds. The buildings must be finished with the mix of materials and details
identified within the approved plans.
Community Management Statement
8. Any proposed Community Management Statement required for the
development pursuant to the Body Corporate and Community Management Act 1997
must be submitted to Council for endorsement at the same time as submission of the
Building Format Plan (or similar) to Council for compliance assessment. All clauses
and by-laws of the proposed Community Management Statement must accord with
the requirements of this Decision Notice.
Fire Management
9. The development must be carried out in accordance with the recommendations of a
Bushfire Management Plan prepared by a suitably qualified person and an approval
for Operational Works.
10. Certification must be submitted from a suitably qualified person which certifies that
the recommendations of a Bushfire Management Plan approved by Council have
been incorporated into the development.
11. A copy of the Bushfire Management Plan approved by Council must be provided to
the nearest fire, ambulance and police station.
Koala Management
12. The development shall be carried out in accordance with the management measures
recommended in the Koala Habitat Management Report Solutions Report dated June
2010.
Bicycle Parking & End of Trip Facilities
13. Secure bicycle racks shall be provided on site to accommodate a minimum of 18
bicycles. The cycle parking rack is to be made available for customers and staff at all
times during business hours.
14. End of trip facilities shall be provided for staff and shall include a minimum of 4
lockers and a minimum of 1 shower cubicle.
Acoustic Report
15. An acoustic report prepared by a suitably qualified person is to be submitted and
approved by council prior to the issue of the Decision Notice for Operational Works.
The acoustic report is to address all potential noise sources from the proposed
development and demonstrate that –
mechanical equipment such as ventilation, air conditioning, refrigeration, fans,
plant rooms, refuse compactors and pumps etc. and
Page 8 of 143
Section 9
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
vehicle movements from waste collection activities and delivery of goods
(including refrigerated vehicles, engine noise, fork lifts, compactors etc.) to the
service yard and dock area
will not cause an environmental nuisance to the future residential uses on the
balance of the site and the existing nearest residential areas when measured at
either the residential boundary or outside the most exposed part of an affected
building, whichever is the closest to the equipment. Noise emissions are to comply
with the noise requirements under the Environmental Protection Act 1994.
16. The acoustic report shall include the location of any plant and associated equipment,
predicted noise levels and a description of acoustic enclosures and screenings
including an acoustic screen along the western boundary to mitigate intrusive noise
from delivery and waste vehicles and associated activities.
17. Certification must be submitted from a suitably qualified person which certifies that
the recommendations of a Noise Management Plan approved by Council have been
incorporated into the development.
Waste Management Plan
18. A Waste Management Plan (Operational) in accordance with Planning Scheme
Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial
Premises”, for the day-to-day operation of the development is to be submitted and
approved by council prior to the issue of a Development Permit for Operational
Works. The Plan should include the following information as a minimum:
The types of waste that will be generated from the activities approved within the
development.
Estimated volumes or tonnage of both recyclables and waste generated.
Methods to be used for dealing with any green waste.
Initiatives to minimize waste either by waste prevention, reduction, re-use or
recycling.
Description of procedures for getting all waste to the bins; the storage of bins and
the collection of bins by the contractor.
A description of the design details of waste storage and recycling areas including
size, location, elevation, enclosure/s, floor plan and methods of bin washing that
prevent contamination of storm water and an appropriately sized bin wash area
drained to sewer.
A description of types and volume of waste storage containers to be used.
The waste and recycling storage area should include the provision of correctly
sized containers for all waste and recycling materials including putrescible matter,
non-recycling waste, paper/ cardboard, glass, aluminium/steel cans, waste oil,
styrofoam boxes, etc., and bin washing facilities connected to sewer.
A detailed description of the waste vehicle access to collect waste including
vehicle turnarounds consistent with vehicle access requirements that allow
vehicles to enter and leave the site in a forward direction. It should be noted that:
o Waste vehicles are front loading for steel bins 1.5 to 3m 3 bins
o Waste vehicles are rear loading for plastic low noise bins 1.1m 3 bins
o Waste vehicles are side loading for 240 litre wheelie bins
o The advisory notes contain specifications for Refuse Vehicle Access
Requirements for design purposes
Page 9 of 143
Section 10
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Outdoor Lighting
19. Any outdoor lighting with the potential to affect surrounding residential premises shall
be designed, installed, operated and maintained in accordance with AS4282 "The
Control of the Obtrusive effects of Outdoor Lighting".
20. During operating hours, all parking areas, pedestrian areas and
entrances/exits to all stairwells, lifts and public toilets must be well lit with vandal
resistant lighting and with intensities to satisfy the requirements of Australian
Standard AS1158 “Public Lighting Code”. Lighting must be designed to reduce the
contrast between shadows and well lit areas.
Unitywater
21. Construction activities must not impede the access of Unitywater or Fire Brigade
personnel to vital infrastructure (eg. valves, fire hydrants and sewer access
chambers).
22. The fire-fighting demand on Unitywater’s water supply system from the development
must not exceed 30 litres per second.
23. A single Unitywater installed primary water meter must be provided immediately
inside the property boundary. Additional water meters must be installed for each title
of a community title or sub-lease scheme. Meters must be Unitywater approved,
installed in accordance with Unitywater requirements and remain accessible at all
times for reading and maintenance purposes.
24. Water meters must be located on alternative boundaries to electrical pillars.
25. The existing Unitywater sewer infrastructure must be relocated clear of the proposed
building works prior to commencement of excavation on site.
26. Written approval to enter and construct must be provided from property owners
through which external sewers or relocated sewers traverse. This must be submitted
with lodgment of the associated development application for Operational Works.
27. Easements of between 3 and 10 metres must be provided over all Unitywater sewers
located within property boundaries in accordance with the SEQ standards.
Easements shall be centred over the pipe. Easement terms shall be the most current
registered dealing held by the Department of Natural Resources & Mines and shall
not be altered or amended.
28. Buildings, basements and other structures must maintain a minimum clearance of 1.5
metres from Unitywater sewer mains, and 1.0 metre from a sewer manhole chamber
or sewer inspection opening. Any proposed or existing retaining wall crossing
Unitywater sewer mains must be self supporting for a minimum of 1.0 metre each
side of the sewer pipe and piered below the zone of influence of the sewer.
29. Storm water retention systems and gross pollutant traps must maintain a minimum
clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure.
30. Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from
Unitywater water mains and 1.5 metres from Unitywater sewerage mains.
Landscaping plants within these clearances must be low growing when mature, and
suitable approved varieties.
31. Construction works undertaken in the vicinity of Unitywater water supply or sewerage
infrastructure must not adversely affect the integrity of the infrastructure. All costs
associated with repair, replacement or alteration of infrastructure must be met by the
applicant.
Page 10 of 143
Section 11
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Landscaping
32. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval, Planning Scheme Policy 3
Landscaping Plants and Guidelines and must include in particular:
(a) The works generally shown on the Approved Plans unless amended by these
conditions
(b) A minimum 3.5m wide landscaped area on the David Low Way frontage within
the site boundary, extending from the bus-stop to the intersection with the
unnamed road, with at least 2.5m of the landscaped area at road level
(c) The transformer is not to be located within the landscape setback areas
(d) A minimum 2m wide landscaped area on the unnamed road frontage within the
site boundary with at least 1.2m of the landscaped area at road level
(e) a densely landscaped strip along the David Low Way and the unnamed road
frontage of the subject site, exclusive of the access driveway, bus stop and
pedestrian entry, generally uncompromised by infrastructure items to provide
vegetative structural screening of the development from the David Low Way
(f) A minimum of 4 x 100L street trees to the David Low Way frontage and 4 x
100L street trees to the unnamed road frontage shall be provided
(g) landscaping to raised planting beds along road frontages is adequately
supported by the provision of structured soils suitable for the approved planting
palette selection.
(h) All retaining structures and associated civil infrastructure are to be designed,
constructed and certified to accommodate the vegetative structural screening of
the development from the David Low Way when the trees are mature.
(i) All fencing to retaining walls tops must be of open construction and suitable for
purpose to ensure vegetative screening of the development
(j) Provide a 45L car park shade trees for every 4 car parking spaces including
structural soils to all beds
(k) Removal of all bioretention basins from front road setback areas to allow for
suitable screening vegetation
(l) Removal of the Pylon sign from the front boundary landscape setback area
(m) Landscaping trees to the David Low Way frontage must be of similar form and
type to existing landscaping to the eastern side of David Low Way
33. With any operational works application, provide details of the level spreader and
stormwater swale works outside the development area.
34. A 5 metre wide easement for access purposes must be registered against the title of
the property in favour of Council over the land area from the stub road to the park
dedication area on the subject site. The easement must be granted at no cost to
Council.
Parkland Restoration and Dedication
35. An Ecological Restoration Plan for the Park shall be prepared and submitted for
Council approval prior to the commencement of use. The park areas of the site shall
be revegetated and rehabilitated in accordance with the Council approved Ecological
Restoration Plan.
Page 11 of 143
Section 12
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
36. The Ecological Restoration Plan shall be prepared by a qualified and experienced
Ecologist, to the reasonable satisfaction of the Council. The Ecological Restoration
Plan (ERP) shall be applicable to the portion of the site to be dedicated to Council as
Parkland and address environmental weed removal and control, rehabilitation of
existing vegetation communities and revegetation strategies for degraded areas of
the area of the site to be dedicated as parkland. It shall identify all the areas of the
park that require ecological restoration, specify actions and works necessary to result
in robust, self-sustaining, viable indigenous plant communities and habitat. The ERP
shall aim to revegetate the park areas with suitable native species to resemble the
local endemic ecosystem by removing all environmental weeds from the area. The
ERP shall detail continual maintenance requirements for a 1 year period (the
maintenance period) to enable the revegetation and rehabilitation works to be self -
maintaining.
37. The following, inter alia, shall be addressed and included in the Ecological
Restoration Plan and specifications:
(a) specify the required works and actions for each area in terms of:
(i) site preparation (this may include thinning, grass removal, weed removal
and control, etc.);
(ii) establishment of the missing floristic and structural elements;
(iii) The area previously cleared within the proposed park area must include
in the replanting within the eastern and western edges of the proposed
park boundary a minimum of 8 x 100L Melaleuca quinquenervia to
provide relatively instant screening of the east/west clearing path
(iv) planting and mulching procedures;
(v) watering procedures;
(vi) protection from wildfire, particularly during the establishment phase;
(vii) erosion and sediment control;
(viii) on-going maintenance;
(ix) access for maintenance;
(x) environmental safeguards; and
(xi) incorporation of the relevant requirements of all the management plans
required by this approval, particularly the Bushfire Management Plan and
Koala Management Plan.
38. A plain wire fauna-friendly fence shall be erected around the eastern interface of the
park area to be protected and restored, prior to clearing works and construction
activities commencing on site. The fauna fence will have signs attached restricting
entry to authorised persons only.
39. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures
healthy, sustained and vigorous plant growth. All plant material must be allowed to
grow to full form and be refurbished when its life expectancy is reached.
40. Following the restoration of the park area in accordance with the approved restoration
plan, the land required to be dedicated for park purposes, as indicated on drawing
M2358-00-03/C on council file 2010/627 shall be dedicated to the Crown (with
Council as Trustee) for parkland for environmental protection purposes pursuant to
the Land Act 1994 at no cost to Council.
Page 12 of 143
Section 13
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
ENGINEERING
External Works
41. The David Low Way frontage to the subject site and the intersection of David Low
Way with the unnamed road (Road 151) at the south eastern corner of the subject
site must be upgraded. The works must be generally in accordance with drawing No.
13512-1 dated 21 March 2014 prepared by Holland Traffic Consulting and
undertaken in accordance with an Operational Works approval. The works must
include in particular:
(a) construction of the required intersection islands and linemarking
(b) construction of any necessary widening on the eastern side of David Low Way
opposite the intersection, with any works restricted to a maximum incursion
width of 0.5m
(c) construction of new kerb and channeling and bus stop in the David Low Way
frontage of the site
(d) any associated underground stormwater drainage
(e) any associated realignment or relocation of existing services and lighting
(f) widening and sealing of the existing road pavement
(g) construction of any associated retaining structures
(h) construction of a shared pathway in accordance with the conditions of this
Decision Notice
(i) provision of landscaping in accordance with Council requirements
42. The existing formation of the unnamed road (Road 151) must be upgraded as
required to cater for the proposed development. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
(a) repair and/or replacement of any damaged sections of kerb and channel
(b) repair and/or replacement of any substandard sections of pavement
(c) repair and/or replace green bike land pavement treatments in accordance with
Council requirements
(d) any extension to the formation to facilitate access to the subject site
(e) relocation or extension to the existing stormwater system, services and property
accesses
(f) a 30mm asphalt overlay at the completion of the construction works
Road Widening
43. The property boundary along David Low Way must be realigned to be a minimum of
2.5m from the new kerb line of the bus stop. The affected parts of the site must be
dedicated as “Road”.
Site Access and Driveways
44. A sealed access driveway must be provided from the unnamed road (Road 151) to all
parking and manoeuvring areas of the development. The works must be undertaken
in accordance with an Operational Works approval and must include in particular:
(a) a driveway crossover in accordance with IPWEAQ standard drawing SEQ –
R052
(b) suitable safety measures, including warning signage, to improve driver
awareness of pedestrians and enhance pedestrian safety. Warning signage
must be provided near the exit to warn motorists of pedestrian movement along
the frontage street
(c) fencing or vegetation near the driveway must comply with the sight line
requirements as defined in AS/NZS2890.1:2004. The sight lines must be shown
on nay plans submitted for Operational Works approval.
Page 13 of 143
Section 14
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Car Parking
45. A minimum of 85 car parking spaces must be provided and marked on the site and
made available and accessible at all times while the use is open for business. The
works must be undertaken in accordance with an Operational Works approval and
must include in particular:
(a) 13 staff parking spaces within the total, which are clearly marked for that
purpose
(b) provision of vandal resistant public lighting with intensities to satisfy the
requirements of Australian Standard AS1158: Public Lighting Code
(c) dimensions, crossfalls and gradients in accordance with Australian Standard
AS/NZS 2890.1:2004 and AS/NZS2890.6:2009 for the relevant user class
46. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
47. Directional signage must be provided to direct customers to the car parking spaces
provided on site.
Service Vehicles
48. Service vehicle parking, manoeuvring and standing spaces must be provided on the
site. The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
(a) regular access for a SRV
(b) regular access for a LRV
(c) regular for a waste collection vehicle
Pedestrian and Bicycle Facilities
49. Pedestrian and bicycle facilities must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and must
include in particular:
(a) a 2.5 metre wide concrete shared pathway within the road verge for the entire
length of the site’s frontage to David Low Way
(b) a 2 metre wide concrete pathway within the road verge for the length of the
site’s frontage to the unnamed road (Road 151) extending from the intersection
with David Low Way to the entrance to the site
(c) reinstatement of road cycle lanes (minimum of 1.5m in width) and green
pavement treatments to delineate bike land and neatly integrate with existing
bike land treatments.
Stormwater Drainage
50. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be undertaken in accordance with an Operational
Works approval and must include in particular a detailed Stormwater Management
Plan (including MUSIC modeling and reporting) for the construction and operational
phases of the development that:
(a) demonstrates that there is no net increase in stormwater runoff (volume and
frequency) from the site
(b) includes stormwater quality improvement devices that achieve the current “best
practice” water quality objectives
(c) Sediment and Erosion Control Plan during the construction phases
(d) Provision to cater for the stormwater runoff from the adjoining properties and
roads that drain through the site, including registration of drainage easements
Page 14 of 143
Section 15
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
(e) All structures including infiltration pits, level spreaders etc, located within the
developable area of the site and clear of the area to be dedicated as Park.
51. All buildings proposed on site must be constructed to comply with Council’s Minimum
Floor Height requirements at the time of issue of the Building Permit.
Electricity and Telecommunication Services
52. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
53. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and
all applicable legislation at the time of construction.
Easements
54. Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property.
55. All easements must be designed in accordance with the planning scheme and
granted at no cost to the Grantee. Where the Grantee is Council or a service
authority, the easement documentation must be in accordance with the Grantee’s
standard easement terms. Draft easement documentation must be submitted to
Council for endorsement.
56. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
57. All fill and associated batters must be undertaken in accordance with an Operational
Works approval, and contained entirely within the subject site unless written
permission from the respective landowner(s) is provided to Council. All earthworks
must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
58. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All
retaining walls that are publicly accessible and exceed 1.0m in height must be fitted
with a commercial grade safety fence.
Acid Sulfate Soils
59. All works must be carried out in accordance with an Acid Sulfate Soil and
Groundwater Management Plan for the development prepared by a qualified person
and referenced in a Development Permit for Operational Works. In this regard
appropriate testing and supporting documentation prepared by a suitably qualified
specialist must be submitted to Council for approval prior to obtaining a Development
Permit for Operational Works.
Damage to Services and Assets
60. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
(a) where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
(b) where otherwise, upon completion of the works associated with the
development.
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Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval; and
B. Find the following are sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. The proposal provides for a supermarket which will satisfy the top-up and
convenience shopping needs of residents and visitors of the locality, and is not
otherwise able to be accommodated within the existing Neighbourhood Centre.
2. The development is located directly opposite the Peregian Beach village and is likely
to complement village and contribute to the village as the focal point for the
community.
3. The site has a current development approval which includes a significant retail
commercial component and is located between 2 existing commercial uses.
REPORT
1. PROPOSAL
The proposal seeks to develop a 1,596m2 shopping complex at 215 David Low Way, Peregian
Beach. The details of the proposal include:
A 950m2 gross floor area supermarket with 253m2 service area;
393m2 of specialty shops, comprising 5 tenancies ranging in size between 68m2 and 84m2
gross floor area that may be used for a mix of shops, offices and restaurant uses;
62m2 outdoor dining area;
27m2 of amenities;
85 on-site carparking spaces, motorbike and bicycle parking;
Access for service and delivery vehicles; and
The complex is proposed to open 7 days a week, from 7am to 10pm Sunday to Thursday
and 7am to Midnight Friday and Saturday.
A copy of the locality plan and proposal plans is included as Attachments 1 & 2.
The development occupies 5,800m2 of the 2.3ha site, with the majority of the building bulk set 4m
lower than the existing David Low Way road level. Pedestrian access is proposed in the north
eastern corner of the site, which is directly opposite the existing pedestrian crossing in David Low
Way, linking the site to the Peregian Beach village. This portion of the site has been designed
with an elevated boardwalk, stairs, lift and an outdoor dining area.
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Sectional Plans of the proposed development through David Low Way
Vehicle access to the proposed development is from the unnamed road along the southern
boundary of the site, with only a left turn out on to David Low Way’s northbound traffic. The
carparking area is located generally adjacent to the unnamed road, with access provided to the
west for the future development of the remaining areas of the property.
2. SITE DETAILS
2.1 Background
The subject site was originally owned and operated as a caravan park up until 2011. A list of the
relevant approvals relating to the site is described below.
Application Details
07/1259 On the 21 August 2008, Council refused an application for visitor
accommodation, restaurants, shops and offices on the site. The applicant then
appealed the decision and was subsequently approved by Court Order on the
12 February 2010.
The court approved development comprises a commercial building fronting
David Low Way as part of stage 1, including 306m² of restaurant, 387m² of
retail uses on the ground/podium level and a low cost 58 bed visitor
accommodation use on the first floor.
To the rear of the site and behind the Peregian Beach Hotel includes 2
accommodation buildings consisting of 32 x 3 bedroom units, pool/BBQ area
and 30 individual 2, 3 and 4 bedroom “beach shacks”. This makes up stages 2
& 3 of the development. The most western portion of the site is to be
dedicated to council as parkland for environmental purposes.
10/0627 On the 29 October 2010, Council approved a reconfiguring a lot application (1
into 3 lots), creating the portion to be dedicated to Council for parkland and the
commercial lot along David Low Way. This plan has not been lodged for
sealing.
07/1259.03 On the 21 January 2012, Council agreed to support the change to the court
order, allowing for staging of the development areas.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
MCU12/0023 On the 26 July 2012 Council approved a Material Change of Use application
for 13 juliette balconies and 70m2 of outdoor dining area.
OPW11/0335 On the 2 September 2012, Council approved the Operational Works
associated with the development for visitor accommodation, restaurants,
shops and offices.
10/0627.01 An application has recently been lodged for an Extension to Relevant Period
for Reconfiguring a Lot (1 into 3 lots). The approval lapses on the 29 October
2014.
132007.1259.0 On the 26 August 2013, the court agreed to an extension to the relevant
4 period for visitor accommodation, restaurants, shops and offices, with the use
having to commence before 26 September 2016, with all development
required to be completed by the 4 February 2018.
The applicant intends for this development to replace stage 1 of the current approval for visitor
accommodation, restaurants, shops and office on the site.
The applicant includes legal advice from Michael Leong (Corrs Chambers Westgarth), confirming
that the proposed development is entirely independent of the existing approval for visitor
accommodation, restaurant, shops and offices (07/1259). It is agreed the current application is to
be assessed on its own merit over the land comprising the first stage of the existing approval.
Should the development be approved, it will be necessary for the applicant to amend the existing
approval or apply for a new application to enable both developments to occur.
2.2 Site Description
The 2.3ha site is located on the western edge of the Peregian Beach Village and includes
frontage to David Low Way, with vehicular access from an unnamed road, which runs off David
Low Way. Two-thirds of the site was previously used as a caravan park, with the western third
containing areas of wetland and low lying melaleuca forest. The eastern portion of the site is
located 4m below David Low Way and slopes gradually towards the west.
Adjoining the site to the north east is the Peregian Beach Hotel, fronting David Low Way.
Opposite the unnamed road to the south is an existing hardware store, which includes part of the
building at road level, with the timber and service areas located below. The closest residential
houses to the proposed shopping centre are located approximately 70m away, on the eastern
side of David Low Way.
3. ASSESSMENT
The application has been assessed against the following statutory instruments, including:
the South East Queensland Regional Plan,
the state planning regulatory provisions,
any applicable state planning policies, and
any applicable temporary local planning instrument
3.1 South East Queensland Regional Plan
The site is located within the Urban Footprint designation of the South East Queensland Regional
Plan. The regional policies in Part D of the Regional Plan are relevant when assessing a
development application.
The proposal will not adversely affect the hierarchy of centres for the region and is consistent
with the regional land use intent, regional policies and desired regional outcomes for the
designation.
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3.2 State Planning Regulatory Provisions
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions.
Koala Conservation in SEQ State Planning Regulatory Provisions
The site is mapped within the ‘Koala Assessable Development Area’ and contains ‘Low Value
Bushland Habitat’ and ‘Medium Value Rehabilitation’ vegetation. The development triggers
assessment against Table 7 of the Regulatory Provisions.
The proposal complies with the regulatory provisions, as no clearing is proposed of non-juvenile
koala habitat trees in the mapped bushland habitat and medium rehabilitation areas. In
accordance with the regulatory provisions, conditions are recommended for appropriate
construction techniques to be carried out in order to not increase the risk of death or injury to
koalas on the site.
3.3 State Planning Policies
In December 2013, the State Planning Policy replaced the numerous existing separate policies.
Part E of the policy contains interim development assessment requirements which are relevant
when assessing development applications. The subject site is affected by a number of state
interests contained within the policy, which are discussed below:
State Interest - Biodiversity
The western portion of the 2.3ha site adjacent to the Noosa National Park is mapped as
regulated vegetation, containing a wetland and wildlife habitat. The policy seeks to ensure that
the development avoids significant adverse environmental impacts on these mapped areas.
The current proposal is restricted to the areas adjacent to David Low Way, which is situated
outside of these significant ecological areas and is consistent with the assessment criteria within
the policy.
State Interest - Water Quality & Acid Sulfate Solis;
The site has potential acid sulfate soils and drains into the environmentally sensitive Noosa
National Park to the west. The policy seeks that development minimise adverse impacts on the
environmental values of receiving waters and avoids disturbing acid sulfate soils.
A stormwater management plan has been prepared for the current development. Appropriate
water quality treatment devices are proposed, to ensure the relevant best practice water quality
objectives can be achieved for runoff exiting the site. In regard to the potential disturbance of acid
sulfate soils on the site, appropriate management conditions can be imposed as part of any
subsequent Operational Works for earthworks.
State Interest - Natural Hazards (Bushfire and Flooding)
The site is partially mapped as being affected by potential bushfire and flood hazards. The
applicant has previously provided a bushfire management plan which concludes that the site has
an overall low bushfire risk, as well as providing measures to further minimise the risk to people
and property.
The proposed development is located outside Council’s Q100 mapped flood hazard areas. The
development meets the requirements of the policy in respect to natural hazards.
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3.4 The Noosa Plan
The subject site is located in the Eastern Beaches Locality and is zoned Semi Attached Housing
along the David Low frontage and Open Space Recreation for the balance of the site. A copy of
the zoning map is included as Attachment 3.
The Semi Attached Housing zone generally seeks for low density residential development in an
urban form expressing domestic scale and form of architecture, rather than commercial. As an
exception, The Noosa Plan allows for limited office development within this zone for properties
fronting David Low Way, including the subject site north to Woodland Drive.
The Open Space Recreation zone is intended to accommodate a variety of passive and active
recreational experiences for the community. Specific Outcomes are included within the Locality
Code seeking the caravan park be retained for low cost visitor accommodation.
The proposed retail and dining uses conflict with both zones and are identified as inconsistent
uses required to follow an impact assessment process.
Local Area Provisions
The Overall Outcomes of the Eastern Beaches Locality Code seek to provide for a wide range of
local retail, commercial and entertainment and dining uses to be located within the
neighbourhood centre, to serve the immediate needs of residents and visitors of the locality. It is
intended that 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.
The proposed development presents obvious conflicts with The Noosa Plan provisions as the
shopping centre development is not located within the existing neighbourhood centre (known as
Peregian Beach village), and is on land zoned Semi Attached Housing and Open Space
Recreation.
The Sustainable Planning Act 2009 provides that council may only approve the application if
there are sufficient grounds despite the conflict, and the grounds must be matters of public
interest. The following discussion topics set out whether there are sufficient grounds for council to
approve the application.
Economic Need
The proposed shopping centre is of a relatively small scale (1,596m2 + 62m2 outdoor dining) and
is to be anchored by a 950m2 supermarket. A current approval exists on the site for a mix of
commercial, retail and visitor accommodation uses, including 387m2 of retail, 306m2 of restaurant
and 62m2 of outdoor dining area. This means that the current application represents a net
addition of commercial floorspace of 903m2.
The applicant’s economic consultant (Economic Associates) undertook a needs assessment in
respect of the current proposal and concludes that the proposed supermarket responds to a gap
in the existing provision of retail facilities within Peregian Beach, with no opportunity available to
accommodate a supermarket within the existing Peregian Beach village.
Norling Consulting acting on behalf of Council, reviewed the economic report supplied with this
application, and agrees that the proposed supermarket would cater for approximately 4,000
persons within the defined catchment area extending from Peregian Beach to Marcus Beach. A
community of this size would expect to have access to some form of local convenience retail to
satisfy their top up and convenience shopping needs. The site is also better located than the
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previous application on the Peregian Beach Bowls Club site, with a lower potential to draw
tenants away from the village.
Norling also describes how there is only enough need to support one supermarket in the
Peregian Beach locality.
Economic Impact
Economic Associates calculates the current application located next to the Peregian Beach
village would have a 7.1% impact on the existing traders. Norling Consulting consider that the
range is more likely to be 8% to 10%. However, given that there is already an approval for retail
and restaurant on the subject site, then it is relevant to note the net impact is estimated to be in
the range of only 5% to 7%. This is considerably less than the 12% to 15% impact estimated by
Norling for the Peregian Bowls Club application.
The lower impact range is explained by the smaller size of the proposed shopping centre, as well
as the the effect of the existing approval for restaurants, shops and offices. The development
also has a lower potential to draw tenants away from the village square (with fewer specialties
proposed), and the proximity of the subject development to the village square in being able to
contribute custom to the existing centre.
The development is located between two existing commercial developments on the western side
of David Low Way (Peregian Hotel and Hardware Store), and is located within walking distance
to the village. This proposal represents an appropriate extension of the village, with the proposed
scale and location of the development not having a significant economic impact on the existing
village square.
Built Form
The built form requirements of The Noosa Plan, seek to protect the vegetated character of David
Low Way, with new developments to complement the beachside character of the Peregian Beach
locality. The Plan also includes specific provisions calling for commercial developments along the
western side of David Low Way to present a domestic scale and form of architecture, rather than
commercial.
The existing approval includes a two-storey building fronting David Low Way at road level. In
contrast, the proposed development sets the buildings below David Low Way and provides for a
covered atrium walkway across from the pedestrian crossing to the Peregian Beach village.
The atrium link is designed with an awning extending out over the walkway, with the roof design
including a series of paneled cladding parapets setback 3.2m from the front boundary. The
paneled parapets appear from David Low Way as generally low-rise, with a maximum height
viewable from the road of 4.5m for a portion of the site directly adjacent to the pedestrian
crossing. These features assist in complementing the existing low rise built form within the village
and includes landscaping to David Low Way.
Although the site is situated within both the Open Space Recreation and the Semi Attached
Housing Zones, the provisions of the Semi Attached Housing zone are more pertinent as this
zone extends across the David Low Way frontage and is the most visible portion of the site. The
key technical built form provisions of the development have been assessed against the Semi
Attached Housing zone requirements and are discussed following:
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Criteria Semi Attached Housing Proposal Complies
Zone
Landscaping Area 10% min (580m2) 580m2
Landscaping 2m average 2m average to the
Frontage unnamed road;
~2m average to David
Low Way between the
intersection and the
transformer; and
<2m to David Low Way X
between the transformer
and the northern property
boundary (atrium link)
Street Setbacks 6 metres min 1.8m to the atrium awning X
Side Setback 2m 2.4m
Site Cover 40% 40.7% X
Roof Form 5 degrees and 600mm eaves 2 degrees with parapets X
Building Height
o in storeys 2 storeys max 2 storeys
o in metres 8 metres max 7.72 metres
Street Setbacks
The setback to David Low Way is 1.8m to the atrium walkway awning, which is less than the
required 6m required for the Semi Attached Housing zone. The awning and parapets are the
most visible parts of the building within the front setback and have been finished using a mix of
materials, which vary in their finished height and planes. The atrium link is generally open to
natural light, with vertical planting and soft landscaping throughout.
This relatively high standard finish assists in highlighting the development’s connection with the
village, while also setting back the main building bulk of the tenancies from the David Low Way
frontage (4.6m). The development meets the relevant outcomes of The Noosa Plan pertaining to
setbacks.
Landscaping Frontage
The Noosa Plan seeks for suitable landscaping in front of the development to lessen the impact
of the building’s bulk. The applicant has provided an average 2m of landscaping to the majority of
the site’s frontage, excluding the portion of the site adjacent to the transformer, bus stop and
atrium link. However in some locations, the landscaping is provided at the carpark level which is
below a 4m high retaining wall.
So as to achieve a more meaningful landscape setback and ensure an appropriate landscaping
treatment to David Low Way, conditions may be imposed for a minimum landscaped width at
road level, and for the landscaping frontage to be extended up to the proposed bus stop. This will
require the relocation of the transformer from the frontage of the site.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Artist’s rendition of the David Low Way frontage, looking west towards the atrium link.
Artist’s rendition of the David Low Way frontage, looking west from the unnamed road.
Roof Form
Specific Outcome O12d) requires the main roof of the building include a minimum 5 degree pitch
and no box/parapets. The proposal includes a 3 degree roof pitch with parapets. The box
parapets have been designed around the atrium link and the supermarket entrance.
The applicant submits that although there are some ‘box like’ elements in the roof form, they are
generally limited to small sections of the roof and will not be out of character with the location.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Artist’s rendition of the development, looking north from the carpark.
Considering the roof form does not meet the Specific Outcomes, it is recognised that the
applicable Overall Outcomes of the Eastern Beaches Locality Code call for:
d) i. The scale and form of buildings and other structures are designed to be responsive to
the informal beachside character of the locality, being low rise buildings, with pitched or
curved roofs and building materials that blend with the dune and coastal landscape.
v) ii. Business Uses (within the Neighbourhood Centre Zone) are of a scale and character
consistent with the locality and the commercial and retail hierarchy of Noosa.
The development bulk is viewed as being relatively low rise from David Low Way, with the main
buildings set below road level and behind proposed landscaping areas along the frontage. The
proposed parapets at the frontage, within the atrium link, are also reflective of the existing roof
pattern within the village.
The proposed mix of materials and finishes of the building contribute to the development
blending in with the coastal landscape and the existing street pattern, consistent with the
Outcomes of the Code.
Site Cover
The proposed development slightly exceeds the 40% site cover specified by the Semi Attached
Housing zone. The development is set below the David Low Way road level and does not
present an appearance of excessive bulk, meeting the outcomes of the code.
Traffic
The applicant has provided a traffic impact assessment as part of the proposed development.
The assessment takes into consideration the future development of the remaining areas of the
site in conjunction with the shopping centre. Council’s external traffic consultant (Colin Beard)
has reviewed the report and agrees that the proposed upgrades to the David Low Way and the
unnamed road intersection address the traffic generated by the development and the proposal
will not impact on the local road network.
The concept design includes:
A left turn exit only from the un-named road;
Realigning and enlarging the current bus stop;
Relocating the bus shelter within the site as part of the building design;
Improvements to the existing intersection. These improvements may require minor
widening (<0.5m) to the eastern side of David Low Way.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Works Codes
Landscaping Code
The development meets the minimum 10% landscaping requirement of the Landscaping Code.
Soft landscaping areas have been provided at the David Low Way street level to enhance the
streetscape and partially screen the bulk of the buildings. Soft landscaping areas have been
provided throughout the carpark and in front of the building to lessen the impact of building bulk.
The proposal meets the outcomes of the code, with a detailed landscaping design to follow as
part of the subsequent Operational Works application.
Car Parking Code
The Noosa Plan’s Driveways and Carparking Code parking requirement for shopping centres is 1
space per 20m2 for the first 100m2 of use area, plus 1 space per 15m2 for the balance of the use
area and 1 per 10m2 for outdoor dining areas. This would generate a parking requirement of 111
spaces.
The development proposes 85 on-site parking spaces including 13 staff, 2 motorcycle, 2 service
vehicle and 2 disabled spaces.
The applicant’s traffic consultant (Holland Traffic Consulting) submits that a lesser parking rate of
1 per 19m2 is widely accepted for shopping centre developments. The rate has been developed
based on many parking demand surveys at shopping centres, and is lower than the shopping
centre parking requirements of most planning schemes (which were typically developed based
on outdated parking surveys in the 1980s).
Council’s external traffic consultant (Colin Beard) agrees that the proposed on-site car parking
provision should accommodate design peak parking demands for the development proposed and
meets the Outcomes of the code.
Business Uses Code
The proposal provides for the required provision of 18 bicycle spaces and end of trip facilities.
Conditions may also be imposed for waste storage facilities to be provided in accordance with a
waste management plan included as part of the Operational Works application.
Overlay Provisions
The following overlay codes are applicable to this application:
Natural Hazards Overlay (Potential Acid Sulfate Soils)
The code seeks that works do not disturb potential acid sulphate soils or are managed to avoid
the release of acid sulfate soils. All works must be carried out in accordance with an acid sulfate
soil and groundwater management plan for the development, prepared by a qualified person and
included as part of the Operational Works.
Natural Hazards Overlay (Medium Bushfire Hazard Area)
The applicant has previously provided a Bushfire Management Plan for the whole of the site,
which concludes that there is a relatively low risk of bushfire given the vegetation adjacent the
site, which is wet low heath. Conditions may be imposed for a revised Bushfire Management
Plan to be submitted and approved, reflecting the development footprint, so as to meet the
outcomes of the overlay code.
External Consultation - Community & Stakeholder
3.5 IDAS Referral Agencies
The application was referred to the Department of Environment and Heritage Protection as a
concurrence agency for development on contaminated land (unexploded ordnance). The
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Department provided Concurrence Agency conditions on the 18 February 2014, requiring
investigation and remedial work prior to any earthwork on the site.
3.6 Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. 37 properly made submissions (35 supporting and 2 objecting) and 2 not
properly made submissions were received. The following table provides a summary and
assessment of the issues raised by submitters.
Issues Comments
Support the proposed development Noted.
- Reduces the need for the shopping centre at
the Peregian Bowls Club site.
- The subject site is a good location adjacent
to the Peregian Village Square, thus
complementing the existing centre.
- The site already has an existing approval for
commercial development and is not out of
character with surrounding development.
- The design is low rise and integrates with
the existing land form.
- Improvements to the bus stop and atrium
link provide for an attractive streetscape.
Traffic The proposed development will generate
- Cumulative traffic impacts of this and the additional traffic movements to and from the
visitor accommodation approval on the site site, requiring upgrades to the intersection.
will generate more traffic movements to and Council’s traffic consultant concludes that
from the site. the Heron Street roundabout will continue to
- Heavy Vehicles accessing the site and the operate satisfactorily.
hardware store will have to negotiate the
small round about at Heron Street.
Noise The proposed development has been set
- No comment has been made about potential below David Low Way and away from
noise levels of the entertainment component surrounding residential properties.
of the development. Appropriate noise criteria and hours of
operation conditions can be imposed, so as
to ensure the surrounding residential
amenity is not adversely impacted.
Lighting Lighting within the development can be
- Security lighting will disturb the amenity of conditioned to include hoods to prevent
surrounding residents opposite David Low spillage outside of the site.
Way.
Signage It is agreed that the proposed large pylon
- The propose signage is inappropriate for the and fascia signs are inappropriate for the
location development. A subsequent Operational
Works application is required to be submitted
to Council for any signage.
Incorrect Advertising The letter sent to the adjoining owners and
- Public notification signage provided to the the notice in the newspaper describes the
road frontages did not contain the use development in terms of the use definitions.
definitions under the planning scheme. The signage on the site describes the
development ‘supermarket (1203m2)
specialty retail (shop, restaurant & office –
393m2)’.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
The applicant describes that this provides for
a more accurate description of the uses that
are intended for the land, rather than rely on
the planning scheme definitions in isolation.
The public notification has been undertaken
in accordance with the Sustainable Planning
Act 2009 with the community reasonably
able to ascertain what uses are proposed.
4. CONCLUSION
The report provides an assessment for a 1,596m2 shopping complex, anchored by a 950m2
supermarket at 215 David Low Way, Peregian Beach. The site was previously used as the
Peregian Beach Caravan Park, which has since closed, following the court order approval in
2010 for visitor accommodation, restaurants, shops and offices. The current proposal essentially
replaces stage 1 of the existing approval.
This assessment finds there is an economic need for a mid-range supermarket within Peregian
Beach. The impacts of such a shopping centre located next to the village square will not
significantly impact on the trading viability of the existing centre. The proposed layout of the
supermarket sets the development below David Low Way and away from the street frontages,
screening much of the building’s bulk. The design provides an atrium walkway link to the
pedestrian crossing to the village, creating a meaningful connection from east to west across
David Low Way.
Council’s traffic consultant advises that the proposed traffic upgrades to relocate the existing bus
shelter and improve the existing intersection, will address the traffic generation and ensure the
surrounding road network continues to operate satisfactorily.
Section 326(1)(b) of the Sustainable Planning Act 2009 require the assessment manager’s
decision must not conflict with the Planning Scheme, unless there are sufficient grounds to justify
the decision, despite the conflict. Whilst the proposed uses raise a conflict with The Eastern
Beaches Locality Code, it is considered that the following grounds are sufficient to support the
proposal:
1. The proposal provides for a supermarket which will satisfy the top-up and convenience
shopping needs of residents and visitors of the locality, and is not otherwise able to be
accommodated within the existing Neighbourhood Centre.
2. The development is located directly opposite the Peregian Beach village and is likely to
complement village and contribute to the village as the focal point for the community.
3. The site has a current development approval which includes a significant retail commercial
component and is located between 2 existing commercial uses.
The application is therefore recommended for approval, subject to conditions.
Previous Council Consideration
Nil.
Finance & Risk
Addressed in the body of the Report.
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Section 28
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Consultation
External Consultation - Community & Stakeholder
Addressed in the body Report.
Internal Consultation
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health X DA Planning
Community Facilities X Strategic Land Use Planning
Cultural Facilities X Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
ATTACHMENT 1
Locality Plan
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
ATTACHMENT 2
Proposal Plans
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Section 31
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Page 31 of 143
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
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Page 33 of 143Section 34
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
ATTACHMENT 3
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Page 34 of 143
Section 35
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
3. APPLICATION FOR OPERATIONAL WORKS – EARTHWORKS SITUATED AT 26
EXHIBITION STREET, POMONA
Author Senior Engineering Officer, Mark Lewis
Planning and Infrastructure
Index ECM/Application/OPW13/0830
Attachments 1. Application Plan
2. Information Response Letter
3. Information Response Plan
4. Vegetation Management Supporting Map
APPLICATION DETAILS
Applicant Noosa Agricultural, Horticultural and Industrial Society Inc
Proposal Development Permit for Operational Work (Engineering Works -
Earthworks
Properly Made Date 23 October 2013
Information Request Date 5 November 2013
Information Response Date 26 February 2014
Decision Due Date 26 May 2014
Number of Submissions Not Applicable
PROPERTY DETAILS
Property Address 26 Exhibition Street, Pomona
RP Description Lot 2 RP47620, Lot 41 RP35076, Lot 4 RP35077
Land Area Lot 2 - 36460m², Lot 41 - 4047m², Lot 4 - 45650m²
Existing Use of Land Showgrounds
STATUTORY DETAILS
SEQRP Designation Urban
Locality Mary River Catchment
Zone Open Space Recreation, Rural
Overlays Biodiversity Overlay (Environmental Protection and Riparian
Buffer Area), Heritage (Historical)
Assessment Type Code
Page 35 of 143
Section 36
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council approve Application No. OPW13/0830 for a Development Permit for Operational
Works – Earthworks and Stockpile for Repairs situated at 26 Exhibition Street, Pomona in
accordance with the following Conditions of Approval:
1. The applicant must provide a “Flood Impact Assessment” of the filling placed on site.
*(Refer to Advisory Note) The assessment must:
(a) be prepared by a suitably qualified professional engineer,
(b) clearly indicate the extent of any off-site impacts, and
(c) should the assessment conclude that off-site impacts will occur, make
recommendations on the necessary remedial works
2. The applicant must undertake any necessary remediation works included in the
recommendations of the required “Flood Impact Assessment”.
3. The applicant must provide a landscape rehabilitation plan, based the findings of the “Flood
Impact Assessment”, that provides compensatory habitat along the batters of the fill to
offset habitat lost. The compensatory habitat must provide habitat features for local
threatened frog species.
4. The landscape rehabilitation plan must be submitted to Council for approval within 2
months of this notice.
5. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6244. The
pre-start meeting must include the relevant parties for the following aspects of the works:
(a) Earthworks;
(b) Landscaping and/or rehabilitation
6. All unsuitable materials and other waste must be removed from the fill.
7. All fill and associated batters must be contained entirely within the subject site unless
written permission from the respective landowner(s) is provided to Council.
8. The batters of the existing fill must be re-graded such that that are a maximum grade of:
(a) 1 in 6 where in proximity to waterbodies
(b) 1 in 4 for grassed areas
(c) 1 in 3 for planted areas
9. No further filling, excluding the repairs to the existing surface, is to be undertaken on the
site without Council approval.
10. No further disturbance of the riparian vegetation, unless for ecological restoration works, is
to be undertaken on the site without Council approval.
11. All stockpiles of fill material must be located above the 1%AEP flood level.
12. All exposed or disturbed surfaces must be suitably stabilised as soon as is practicable after
works have been completed. *(Refer to Advisory Note)
13. Where damage occurs to any council asset as a result of the development works, it must
be repaired immediately where it creates a hazard that presents risk to person or property.
Other damage must be repaired prior to completion of works.
14. All works must be completed within 12 months from the date that this permit takes effect.
Page 36 of 143
Section 37
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
General Advisory Notes
1. In regard to the required “Flood Impact Assessment” Council will provide access to the
current data relating to flood modeling within the Pomona township.
2. Council reserves the right to call up any performance bond held or levy charges against the
property, should emergency works be required to be undertaken by Council to make the
site safe due to inactivity on the development site for extended periods of time.
3. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the Sustainable
Planning Act 2009 must be made. Amended plans clearly indicating the changes must be
lodged with this application along with the appropriate fees.
Prestart Meeting Request
4. Contact Council on 5329 6244 to arrange a prestart or an inspection giving a minimum of 5
business days notice of preferred inspection time.
Erosion and Sediment Control
5. Accepted best practice standards include:
(a) the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2
or other superseding document subsequently adopted by Council;
(b) Best Practice Erosion and Sediment Control, International Erosion Control
Association (2008)
6. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the completion of the works:
I. Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in
the Manual for Erosion and Sediment Control or the IECA Manual; and
II. Stormwater runoff from the site is not currently, and is not likely to result in visible
evidence of sedimentation or erosion, or lead to water contamination.
REPORT
1. Proposal
The applicant seeks approval for a Development Permit for Operational Works – Engineering
works – Earthworks and Stockpile for Repairs. The proposal is for the earthworks (filling) of a
portion of the site located between the existing Showground facilities and the line of vegetation
adjacent to the watercourse on the western boundary and for a stockpile of material for repairs.
The applicant advised that the filling was required to provide for additional area f or car and float
parking in addition to the repairs to the existing surface.
Page 37 of 143
Section 38
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
2. Background
The filling activities were brought to Council attention as part of a complaint received on 29 July
2013. The complaint was regarding the “fill and rubbish pushed in creek”. It was apparent during
a site inspection on the 29 July 2013 that some filling had occurred and some of the fill material
included building, vegetation and other general waste. Council’s Compliance Officer
subsequently advised the Noosa AH&I Society that an application was required. Council’s Senior
Engineering Officer placed a call to the Noosa AH&I Society on the 13 August 2013 and
discussed the process with the then Secretary and another representative. The issue of
unsuitable waste materials in the fill was discussed and the Noosa AH&I Society representative
said that it had been dumped without their approval and would be removed.
The application was received on the 23 October 2013. The plans submitted with the application
were hand drawn additions to a “Noosa Country Show” handout and did not indicate the full
extent of the filling. An Information Request was issued by Council on 5 November 2013
requesting additional detail on the extent and depth of the fill and the location of the proposed
stockpile. The applicant responded to the information request on the 26 February 2014. The
response included annotations on an aerial photo and a letter describing the various notations.
3. Assessment
The works have taken place within a part of the site mapped as Biodiversity Overlay
(Environmental Protection and Riparian Buffer Area). Although the site is not mapped as a
“Flood Hazard Area” it is commonly known that the land is part of the flood plain through the
Pomona township.
The filling has occurred within the riparian buffer area of the Biodiversity Overlay. The Noosa
Plan seeks to avoid new development within the riparian buffer area and to provide buffer zones
to prevent the degradation of wetlands. The 6 Mile Creek system forms the western boundary of
the lot. The filling has impacted on vegetation within this overlay area. Evidence of impacts is the
die back of mature eucalypts as a result of fill being placed around the trunks and within the root
zone area of these trees.
Most of the filling has occurred at the edge of the existing canopy, thus potentially impacting on
the linear extent of the riparian vegetation. It appears the batter of the fill platforms has extended
into areas previously unmodified.
The riparian vegetation is mapped as an Endangered Regional Ecosystem (12.3.1/12.3.2) and
has been identified as habitat for the Giant Barred Frog (Mixophyes iteratus), listed as
Endangered under the Nature Conservation Act and the Environment Protection and Biodiversity
Conservation Act. The Tusked Frog (Adelotus brevis) has also been found in the area and this
frog is declared Vulnerable under the Nature Conservation Act. Clearing of riparian vegetation is
a key factor in population decline for both frogs.
Over the last decade restoration and fauna survey works, targeting the threatened frogs, has
occurred upstream in Cooroora Park and in the lot immediately west of the subject site. This work
has been undertaken by local conservation groups, partly sponsored by Council.
Due to the significance of the riparian remnant vegetation and habitat functions it provides for
threatened species, the filling within riparian buffer areas and environmental protection areas is
not consistent with the Noosa Plan.
In regard to the potential off-site flooding effects of the filling, Council sought advice from
Council’s consultant Hydrologist involved with the recent flood modelling of Pomona township.
The Hydrologist advised that the levels of the fill would need to be provided in order to accurately
determine the off-site effects or in the absence of these levels that it could be assumed that the
filled areas are entirely above the 1:100 Annual Exceedance Probability (1%AEP) design flood
level and that “this approach would provide a level of conservatism that is appropriate given the
lack of engineering/survey plans”.
Page 38 of 143
Section 39
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
The Hydrologist has provided an estimate to undertake an assessment of the impact. It is
considered reasonable that the applicant demonstrate that their filling will not have any off-site
impacts at their cost. In an effort to reduce the costs, Council can provide access to the existing
modelling data for no cost and the consultant Hydrologist’s contact details.
Given the location of the site and the topography of the area the off-site flooding impacts are not
expected to be significant but the true extent cannot be determined without undertaking the
impact assessment.
Previous Council Consideration
Nil.
Finance & Risk
Addressed in the body of the Report.
Consultation
External Consultation - Community & Stakeholder
Addressed in the body of the Report.
Internal Consultation
Senior Environment Officer.
Departments/Sections Consulted:
Community Services x Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health x DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 39 of 143
Section 40
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
ATTACHMENT 1
Page 40 of 143
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Page 41 of 143Section 42
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
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DR cregrcy + ce B ares containing erdangered sageenal econyaterss Lateets tor Exsereal Habaat are corned on the aie of enquiry
zt Category A or 0 ares containing of concern capers! ecowyaterm Repdoruav ecomystere lirework hes been complied ats acale of 1 900.000,
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© The State of Queetatend |Departrert of Metre Mescurces ard Wires} 2014Section 44
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
4. UTILITY MODEL AND UNITYWATER’S INTERIM CONNECTION POLICY
Author Coordinator, Development Assessment, Kerri Coyle
Planning & Infrastructure
Index ECM/Subject/Contracting/Water Supply, Planning Instruments/Priority
Infrastructure Plan PIP & Customer/Unitywater
Attachments 1. Submission
2. Interim Connection Policy
EXECUTIVE SUMMARY
The purpose of this report is to provide an update to Council on the Utility Model and review
Unitywater’s Interim Connection Policy for consistency with the planning assumptions for Noosa
Shire.
On 1 July 2014 the Utility Model will commence. This will see the water and sewerage aspects of
development separated from the development assessment process under the Sustainable
Planning Act 2009 to be directly managed by Unitywater. In preparing for this change, Unitywater
is required under the South-East Queensland (Distribution and Retailing Restructuring) Act 2009
to ensure their Interim Connections Policy is endorsed by Moreton Bay, Sunshine Coast
Regional and Noosa Councils as being consistent with the planning assumptions for their local
government areas. The staff review of this Policy finds that it does not fully address the planning
assumptions for Noosa Shire. The Policy does not properly address National Parks, foreshore
areas and the like and these should be removed from the mapped areas.
It is therefore recommended that Council endorse Unitywater’s Interim Connection Policy subject
to some amendments to ensure it is consistent with the planned future development for Noosa
Shire.
RECOMMENDATION
That Council note the Coordinator Development Assessment’s report to the Planning and
Organisation Committee Meeting dated 20 May 2014 regarding the Utility Model and Unitywater’s
Interim Connection Policy and
A. Agree to endorse the Interim Connection Policy subject to the following amendments:
1. The future development assumptions for Noosa as identified in Part 2 of Noosa’s
Priority Infrastructure Plan shall be incorporated into the Interim Connection Policy;
2. All conservation lands in public ownership, including National Parks, foreshores and
the like shall be excluded from the Connection, Future Connection and Restricted
Connection Areas given these lands are located outside the identified Priority
Infrastructure Area for Noosa and are not planned for development;
3. Private properties that have an existing connection but which are located outside the
Priority Infrastructure Area shall be limited to property connection for a single
residential dwelling only;
4. The Sewer Utility Model maps are to exclude Lots 14 & 44 RP59216 (Map 3 –
Boreen Point) and Lot 101 SP254354 (Maps 4 & 5 – Cooran) from the Connection
Area;
Page 44 of 143
Section 45
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
5. The Sewer Utility Model and Water Utility Model Maps are to include Lot 366 MCH
958 at 119 Moorindil Street, Tewantin as a Restricted Sewer Area as Water &
Sewerage PSP contributions have been paid for a single residential dwelling;
6. The Water Utility Model Maps are to exclude Lot 101 SP254354 (Maps 4 & 5 –
Cooran) from the Connection Area;
7. The Water Utility Model Maps are to identify Lake Macdonald (Map 11) consistent
with Lake Cooroibah, lake Cootharaba, Lake Weyba, Noosa River; and
B. Request that Unitywater provide an amended copy of the Interim Connections Policy
incorporating the required amendments to Council prior to 1 July 2014.
REPORT
1. Background
The two SEQ distributor-retailers (Unitywater and Queensland Urban Utilities) were established
in 2010 to provide retail water supply and sewerage services. Unitywater is owned by Moreton
Bay, Sunshine Coast Regional, and Noosa Councils. Since 2010 Unitywater has operated under
a temporary delegated assessment approval process for water and sewerage. This temporary
arrangement is to be replaced by a permanent process known as the Utility Model on 1 July
2014.
Under the temporary delegated assessment approval process, local governments issued
approvals on behalf of distributor-retailers under the Sustainable Planning Act 2009. Distributer-
retailers were given formal approval powers for water and sewerage components of development
applications (concurrence powers); however, these were mandatorily delegated back to local
governments. The local government issued the approval based on technical advice provided by
the distributer-retailer.
The Utility Model will see the assessment of the water and sewerage services aspect of
development separated from the Sustainable Planning Act 2009. The connection, disconnection,
modification and construction of water and sewerage infrastructure will be managed directly by
Unitywater and water and sewerage conditions will no longer be integrated into development
approvals issued by Council. Instead, developers will need to apply directly to Unitywater for their
“Water Approval’.
The approval process will be undertaken with the support of legislation and 2 statutory
documents including:
1. Water Netserv Plan
2. SEQ Design and Construction Code.
These documents will override the water and sewerage infrastructure components of Council’s
Priority Infrastructure Plan. The Adopted Infrastructure Charge resolution will continue, including
the agreed apportionment for water and sewerage with Unitywater until a further agreement is
reached. However, Council’s Adopted Infrastructure Charges Notice will no longer include a
water and sewerage component with Unitywater issuing these charges from 1 July 2014.
The Water Netserv Plan is a compendium document that is a distributer-retailer’s key strategic
planning and policy document. Part A of the plan is the public document and it outlines the
distributer-retailer’s plans for water and sewerage provision over a 20 year period. Part A also
includes the distributer-retailer’s Connections Policy and other components integral to the
implementation of the Utility Model.
Page 45 of 143
Section 46
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
The legislation provides for the Connections Policy to be adopted on an interim and standalone
basis (known as the Interim Connections Policy) until the Water Netserv Plan is adopted
(required by 1 October 2014). The ability for an Interim Connections Policy was provided for in
the legislation, acknowledging that it was not possible for the distributer-retailers to complete all
of the necessary processes for a Water Netserv Plan to be in place by the 1 July 2014
commencement date.
Under the current South-East Queensland (Distribution and Retail Restructuring) Act 2009 (the
DRA), Unitywater is required to ensure the Interim Connections Policy is endorsed by each
participating Council (Moreton Bay, Sunshine Coast Regional and Noosa Councils) “…as being
consistent with the planning assumptions for its local government area”. Similarly, once the
Netserv Plan is completed, Unitywater will seek Council’s endorsement of Part A of the Water
Netserv Plan, which is required to be adopted by 1 October 2014.
2. Utility Model
The Water Supply Services Legislation Amendment Bill 2014 was passed in parliament on 7 May
2014 and establishes the legislative arrangements for the new water and sewerage connection
approval regime (the Utility Model) for the two distributor-retailers in South-East Queensland and
their participating councils. The Utility Model process will replace the interim (“delegated
assessment”) approval process that has applied since the distributor-retailers were established
on 1 July 2010. The interim approval process functions within the Integrated Development
Assessment System (IDAS) under the Sustainable Planning Act 2009, while the new Utility
Model process will operate separately under the South-East Queensland (Distribution and Retail
Restructuring) Act 2009 (the DRA).
Under the South-East Queensland (Distribution and Retail Restructuring) Act 2009 (the DRA)
applications for ‘Water Approvals’ will be lodged directly with Unitywater and there will be no role
for Council in overseeing the assessment, conditioning or construction of water and sewerage
works. The exception being where works are proposed in road reserve or land where Council is
trustee, and for these Council will have a ‘concurrence agency’ role. Alternatively, the DRA
provides for the ability for councils and distributor-retailers to enter into a ‘consent agreement’
and enable the distributor retailer to give a water approval for infrastructure and works within
Council’s road reserve, which may subject to certain criteria and limitations.
Unitywater have indicated that they would like the participating councils to consider a consent
agreement and it is anticipated that a further report will be presented on this matter in the future
for Council’s consideration. Staff will raise this issue for discussion at this Committee meeting to
seek feedback from Councillors.
The DRA effectively moves away from the integrated development assessment philosophy put in
place by Integrated Planning Act 1997 and carried on by the Sustainable Planning Act 2009 and
has the potential to result in disparate and conflicting approvals. It is conceivable under the
legislation that Council may refuse an application for a development proposal and Unitywater
issue a ‘Water Approval’ for the development or vice versa.
A submission was made to the Water Supply Services Legislation Amendment Bill to the Minister
for Energy and Water Supply raising a number of concerns with the Bill’s provisions, in
particularly to the transitional provisions for existing development approvals. Attachment 1
includes a copy of the submission. The transitional provisions describe the process for existing
development applications not decided prior to 1 July 2014 and for development approvals for
material change of use and reconfiguring a lot that require a later Operational Works approval for
water and sewerage to be made after 1 July 2014.
Page 46 of 143
Section 47
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
No response has been received to the submission, but it is noted from the amendments made in
Parliament on 7 May that the transitional provisions have now been removed and in their place a
transitional regulation making power inserted. The transitional regulation has not been provided
to councils at this stage.
3. Unitywater Interim Connections Policy
The Interim Connections Policy includes a set of rules which prescribes the application
categories for water and sewerage connections and the criteria for making and assessing
applications. The Interim Connections Policy is included as Attachment 2. The Policy includes
the following contents
1. Definitions and maps which describe the:
a) Connections Area
b) Future Connections Area
2. Criteria and conditions of each type of connections with the Connections Area and Future
Connections Area.
3. Criteria for connections outside of the Connections Area and Future Connections area
4. The way to apply for a connection. Three connection types:
a) Standard Connections
b) Staged Connections
c) Other Connections
5. Time frames to decide connection applications.
6. Conditions for when a water approval lapses.
7. Requirements for construction maintenance and defects liability.
The endorsement by the participating councils of the Interim Connections Policy for
commencement on 1 July 2014 is a statutory requirement for distributer-retailers for which no
default regime is currently provided.
Unitywater have requested that Council endorse the policy as being consistent with Noosa’s
planning assumptions or request changes. Under the DRA Council may also refuse to endorse
the policy.
Noosa’s Priority Infrastructure Plan includes the current planning assumptions, which comprises
assumptions about the type, scale, location and timing of future development and growth for
Noosa based on the current Noosa Plan. The Interim Connections Policy includes maps of
Unitywater’s Connection Areas, Future Connection Areas and Restricted Connection Areas. The
mapped Connection Areas and Future Connection Areas align with the Priority Infrastructure
Area identified in Noosa’s Priority Infrastructure Plan.
However, the Interim Connections Policy also maps parts of the Shire as Restricted Connection
Areas including properties located outside the Priority Infrastructure Area but where a connection
exists for a single dwelling house and National Parks and beach foreshore areas where there
may be an existing amenity facility. The proposed mapping for these private properties
satisfactorily distinguishes these properties from those properties in the Connection area, but it is
also important that additional wording be included in the Policy to clearly identify that the
connection right is only for a single residential dwelling. Further including conservation lands
creates a misleading impression and should be excluded from the mapped areas altogether.
There are some other minor anomalies in the mapping that require amendment.
The Interim Connections Policy currently does not address the type, scale, location and timing of
future development. Unitywater have advised that it is intended to incorporate this detail in the
Water Netserv Plan.
Page 47 of 143
Section 48
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
It is considered that these are critical elements to infrastructure planning necessary to ensure the
network has the capacity to service existing and planned future development and the Interim
Connections Policy should make reference to Noosa’s Priority Infrastructure Plan.
Previous Council Consideration
Nil
Finance & Risk
The introduction of the Utility Model will not require the revision of the development application
fees for water and sewerage aspects, as there is no specific fee included in Council’s fees, with
the applicant instead paying a fee set by Unitywater. However, it may be appropriate to set a
concurrence agency fee for water and sewerage works in Council’s road reserves and for land
where Council is trustee.
Consultation
External Consultation - Community & Stakeholder
Since late 2013, Unitywater have undertaken some consultation with stakeholders, including
developers, consultants and Council officers.
Internal Consultation
Departments/Sections Consulted:
Community Services x Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health x DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
x Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 48 of 143
Section 49
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
ATTACHMENT 1
Page 49 of 143
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
ATTACHMENT 1
fe) NOOSA COUNCIL bo
mm
Officer Name: Kerri Coyle
Officer Email: kerri. [email protected]
Phone No: 07 5329 6240
1 April 2014
Hon Mark McArdle MP
Minster for Energy and Water Supply
PO Box 15456
CITY EAST Q 4002
Dear Hon Mark McArdle,
RE: Submission on the Water Supply Services Legislation Amendment Bill 2013
| refer to the Water Supply Service Legislation Amendment Bill 2014 and seek your urgent
attention and consideration to the transitional provisions for existing development approvals
under the Bill.
The Bill establishes the legislative arrangements for the new water and sewerage connection
approval regime (the utility model) for the two distributor-retailers in South-East Queensland
and their participating councils. The utility model process will replace the interim (“delegated
assessment’) approval process that has applied since the distributor-retailers were
established on 1 July 2010. The interim approval process functions within Integrated
Development Assessment System under the Sustainable Planning Act 2009, while the new
utility model process will operate separately under the South-East Queens/and (Distribution
and Retail Restructuring) Act 2009.
The major concern is that the current provisions in the Bill will have the effect of continuing
the interim delegated assessment regime for an extended penod in parallel with the new
water approval regime.
Under the current Bill, the transitional provisions only make a clean and immediate break for
new subdivision applications lodged after 1 July 2014.
All existing development approvals for Material Change of Use and Operational Works will
continue under the current arrangements, with councils continuing to act as the “delegated
agent’ of the distributer-retailer for the life of those approvals. This means that where staged
approvals exist, Councils could continue to act as the “delegated” agent for the life of those
approvals over many, many years.
This will be confusing for the development industry, councils and the community alike as
they will be operating under two completely different regimes.
NOOSA COUNCIL PO Box 141 P. (07) 5329 6500 [email protected]
ABN: 97 969 214 121 TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qid.gov.au
Page 49 of 143Section 50
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Page 50 of 143
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Further, some provisions of the Bill also require greater clarity, including:
e Greater guidance is required in the Bill as to which conditions of existing
development approvals will become conditions of a water approval. For example,
while water and sewer requirements in an existing development approval would
clearly be part of a water approval, other conditions such as hours of operation,
vegetation protection, haulage routes, sediment and erosion requirements should
equally apply to the water connection aspects.
¢ Clarify that certain conditions relating to water infrastructure may be imposed by
Councils on a development approval. For example, Councils in granting
development approvals should have the ability to require the development to be
connected to the distributer-retailers reticulated water and sewer and ensure
construction works do not adversely impact on areas worthy of conservation.
Recently, Brisbane City Council, Sunshine Coast Council, Moreton Bay, Ipswich City Council
and Noosa Council wrote to the Department of Energy and Water Supply voicing their
objections to the current wording of the transitional provisions and forwarded drafting
changes, along with the support of Unitywater. However, the department have advised it will
not be putting forward any amendments to the Bill, despite indicating previously it would
consider amendments before commencement of the utility model to the transitional
provisions.
Given the support of the major participating councils and Unitywater, | urge you to seek that
the department give this matter further consideration and so avoid the need for successive
amendments to the legislation.
Should you require further clarification or additional information, council officers are available
to discuss with you.
Yours faithfully
, / # Ue ? AA =
Y Ath AK ork
Brett de Chastel
Chief Executive Officer
Page 50 of 143Section 51
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
ATTACHMENT 2
Page 51 of 143
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
ATTACHMENT 2
ATTACHMENT 2
a 3
Ground Floor, 33 King Street
Caboolture QLD 4510
. 5 Mailing Address:
Unitywater PO Box 953, Caboolture QLD 4510
Serricds youd 1300 0 UNITY (1300 086 489)
investing in tomorrow, www.unitywater.com
=~ ABN: 89 791 717 472
Sil
L) orn Ea a
Our ref: A2233100 ‘x
tld wwe.
Mr Brett De Chastel b
The Chief Executive Officer aaaizozu AY
Noosa Council eS Vv
PO Box 141 Oot
Tewantin QLD 4565 ha
4 April 2014
Dear Brett
Unitywater Interim Connection Policy Endorsement by Noosa Council
As outlined in Unitywater's letter dated 31 March 2014 Unitywater requests Council's
endorsement of the planning assumptions outlined in the Interim Connection Policy within 30
business days of receiving the Interim Connections Policy.
To commence the endorsement process, | attach the Interim Connection Policy and maps of
connection area approved by the Unitywater Board on 26 March 2014 to be used for public
consultation and for Council's endorsement.
Council has until the 21 May 2014 to endorse the policy or request changes, with the 30
business days commencing from the date of this letter. Section 99BR (5) of the Water Services
Bill states that if no response is received from Council then the Interim Connection Policy will be
deemed to be endorsed.
Should you have any queries on the Interim Connections Policy content, please contact Mr
Simon Taylor, Executive Manager Infrastructure Planning and Capital Delivery on 5451 6775 or
at [email protected]
Yours <2
George Theo
| Chief Executive Officer
ee _— eT : :
Attachment [sox zorve ‘en aa
| Page 1 of |
| Unitywater is a statutory authority thet services the Moreton Bay, Sunshine Coast and Unitywater has certification to
Noosa local authority areas on behalf of its citizens. It ls governed by an independent (SO 9001 Quality Management and
| board. Councils do not have control or diraction over day to day operations, {SO 14001 Environmental Management.
: —
Page 51 of 143Section 52
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Page 52 of 143
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
ray Wiel Interim Connections Policy
Unitywater Interim Connections Policy
Adopted [#insert date] 2014
Revision No. 1
Page 52 of 143Section 53
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Page 53 of 143
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aSection 54
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Page 54 of 143
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Document No: 001
Effective date: 6 March 2014
Next Review Date: 30 May 2014
Unitywater Interim Connections Policy
PolicySponsor Executive Manager, |IPCDD
Policy Author | Principal Policy Advisor, Strategic Planning and Asset
Management
Supporting Legislation &| South East Queensland Water (Distribution and Retail
Documents — Restructuring) Act 2009
South East Queensland Design and Construction Code
Unitywater Corporate Strategic Plan 2013 -18
Documents Directly Related | Unitywater Netserv Plan (yet to be adopted)
Applies until Unitywater’s Netserv Plan takes effect
1. Policy Statement
Unitywater is committed to ensuring that connections, disconnections and alterations of
Connections to its water supply and sewerage infrastructure are systematically managed,
meet customer needs, protect the health of the public and Unitywaters workforce and
minimise the impact on the environment.
2. Purpose and Objectives
This Policy has been prepared in accordance with s.137 of the South East Queensland
Water (Distribution and Retail Restructuring) Act 2009 (‘the Act’)’.
It is a legislative requirement that a person must not connect to, alter an existing connection
to or disconnect from Unitywater's infrastructure without Unitywater’s approval’.
This Policy includes:
¢ details of the way to request a services advice notice from Unitywater;
e Unitywater's criteria and conditions for a Standard Connection;
e Unitywater's criteria for a Staged Water Connection;
« Unitywater's criteria for other categories of Connections;
¢ details of the way to apply for a Water Approval;
e timeframes for Unitywater’s decisions for Connections, other than a Standard
Connection;
e Unitywater's requirements for construction maintenance and defects liability:
" s. 137 of the Act provides for a distributor-retailer to introduce its connections policy in an interim capacity until the distributor
rejailer's water Netserv Plan (that the connections policy is a component part of) is finalised.
* See s. S9BRBX of the Act
Copyright © Unitywater Page 1 of 26
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Page 55 of 143
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Document No: 001
Effective date: 6 March 2014
Next Review Date: 30 May 2014
Unity water Interim Connections Policy
¢ Unitywater’s conditions for when a Water Approval lapses;
¢ identification of the categories of Connections to which Unitywater may delegate its
functions under s. 53 of the Act;
e identification of the areas in which Unitywater guarantees to provide Connection to
Unitywater’s infrastructure that complies with Unitywater’s Connection Criteria;
¢ identification of the circumstances in which Unitywater may approve Connection
outside Unitywater’s Connection Area;
¢ identification of the areas in which Unitywater intends to extend Unitywater's
infrastructure; and
e the way to amend a Water Approval condition.
3. Policy Scope/Coverage
3.1. Connections
a. General Matters about Connéctions
Unitywater intends to extend its infrastructure network to Future Connection Areas.
b. Services Advice Notices
If a person seeks information about a proposed Connection or the proposed Alteration or
disconnection of a connection before formally seeking a Water Approval from
Unitywater, they may request a services advice notice® from Unitywater.
A services advice notice may be requested by:
* completing and submitting the approved form (available on Unitywater's website at
www. unitywater.com);
e paying the fee stated in Unitywater’s Fees and Charges Schedule.
A services advice notice is similar to pretodgement advice received from a local
government before lodging a development application. A services advice notice request
is not an application for Connection and cannot be construed as granting approval to
connect. While Unitywater will endeavour to provide accurate advice, a services advice
notice does not bind Unitywater if the person requesting the notice subsequently applies
for approval to connect. Service advice notice information is preliminary advice only and
in no way constitutes approval towards any Connection application. Unitywater may
amend any advice following the receipt of a detailed Connection application.
3.2. Connections Categories
Three categories of Connections are identified:
* See ss S9BRAC and 99BRAD of the Act for information about services advice notices
Copyright © Unitywater Page 2 of 26
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
© Next Review Date: 30 May 2014
Document No: 001
Effective date: 6 March 2014
Unitywater Interim Connections Policy
¢ Standard Connections;
e« Other Connections; and
¢ Staged Connections.
a. Standard Connections
Standard Connections are limited to Connections that:
* are located inside the Connection Area; and
« comply with Unitywater's criteria for Standard Connections (refer Schedule 1, Table 1
- Criteria and Conditions for Standard Connections).
The request and Standard Connection is also subject to compliance with Standard
Conditions identified in this Policy and the charges set out in Unitywaters Fees and
Charges Schedule.)
Schedule 1, Table 1 - Criteria and Conditions for Standard Connections sets out
Unitywater's Connections Criteria and conditions for Standard Connections.
b. Other Connections
This category covers any Connection other than a Standard Connection or a Staged
Connection (i.e. Other Connections).
Examples of the types of Connections in this category may include:
e Connections associated with changes of use, building work or subdivisions that will
be finalised in a single application (i.e. the Connection will not be staged);
« Connections including a material change in infrastructure or a material change in
demand; and
« Connections outside of Unitywaters Connection Area or Unitywater's Future
Connection Area (other than a Staged Connection).
Connections in this category may involve the construction of Property Service
Infrastructure and/or Network Infrastructure.
An applicant may submit detailed works design plans simultaneously to seeking
approval to connect to the existing network, if the nature and extent of new Network
Infrastructure works associated with the Connection are known (e.g. new reticulation
infrastructure for a subdivision estate),
Schedule 1, Table 2 - Connection Criteria for Other Connections sets out the Connection
Criteria that Unitywater will assess applications in this category against.
c. Staged Connections
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The Staged Connection category is primarily intended for network Connections for multi-
stage subdivision estates and master-planned communities. This category is also for
any Connection that will be staged over two or more approvals, whether or not Network
Infrastructure works are also involved,
Schedule 1, Table 3 - Connection Criteria for Staged Connections sets out the
Connection Criteria that Unitywater will assess applications in this category against.
3.3. Applications and Approvals
a. Requirements for all categories of Connections
Schedule 2 sets out the following:
« the way to apply for a Water Approval; and
* the timeframes for decisions for Connections.
Schedule 3, Table 6 - Amendments of conditions of Water Approvals sets out the way to
amend conditions of Water Approvals.
3.4. Construction Maintenance and Defects Liability
Unitywater's construction maintenance and defects liability requirements are those as
specified in Unitywater’s Connections Administration Manual.
Unitywater's Connections Development Manual establishes the requirements and processes
for the construction and acceptance of all water and sewerage infrastructure that will be
constructed by a developer and handed to Unitywater as a ‘Donated Asset’ to operate and
maintain.
3.5. Miscellaneous
a. Conditions for when water approval for a Connection lapses
A Water Approval for a Connection has effect until it lapses under a condition of the
approval.
Unitywater’s conditions for when a Water Approval lapses are that all categories of
Water Approvals (including Standard Connections, Other Connections and staged
Connections) lapse 4 years after the date the Water Approval takes effect’.
Note: Application to extend or otherwise aller the lapsing period of a Water Approval may be made to Unitywater
in the way described in Schedule 3, Table 6 - Amendments of conditions of Water Approvals Step.
b. Agreements
The Act provides for water infrastructure agreements to be entered into as provided
under s.99BRDA of the Act, and for water approval condition agreements to be entered
into as provided under s.99BRAL of the Act.
The period for executing any agreement referred to in s S9BRDA and s.99BRAL of the
Act is 6 months starting from the day after:
* Water approval takes effect in accordance with s.99BRAO of the Act.
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e for a water approval condition agreement — the Water Approval for the Connection
takes effect; and
e for a water infrastructure agreement — the Adopted Infrastructure Charges Notice (or
negotiated Adopted Infrastructure Charges Notice) has been levied,
However, a longer period for executing an agreement may be agreed by Unitywater.
c. Reviews and appeals
The applicant's rights of internal review and appeal will be identified in any decision
notice given for a request or application for Water Approval.
d. Delegations
Unitywater may delegate its decision making functions in respect of applications for
Standard Connections, Staged Connections and Other Connections under s.53 of the
Act.
e. Fees and charges
The fees and charges for Connections are as set out in Unitywater's Fees and Charges
Schedule.
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4. Definitions
Term Meaning
Act means the South East Queensland Water (Distribution and
Retail Restructuring) Act 2009.
Adopted Infrastructure has the same meaning as in the Act.
Alteration means any material change in infrastructure or increase in
demand for a water service or sewerage service at the
Connection.
means a Property Service Connection or Network Connection.
Connection Areas means the areas comprising land:
* connected to Unitywater’s infrastructure (water, sewerage
and recycled water); or
e not connected to Unitywater’s infrastructure but paying
access charges for the particular service; and
e within Water Connection Areas, Recycled Water
Connection Areas or Sewerage Connection Areas.
Connection Charge has the same meaning as in the Act.
Connection Criteria means the criteria identified in Schedule 1.
Fees and Charges} means Unitywater’s Fees and Charges Schedule available at
Schedule Unitywater’s website: www. unitywater.com.
Future Connection Area means the areas in which Unitywater intends to extend its
infrastructure networks including Water Future Connection
Areas, Recycled Water Future Connection Areas and
Sewerage Future Connection Areas.
Network Connection means:
e the connection of Network Infrastructure to Unitywater's
water infrastructure to supply a water service or wastewater
service; and
e the disconnection of Network Infrastructure from
Unitywater's water infrastructure to stop supply of a water
service or wastewater service; and
e the Alteration of Network Infrastructure; and
e works for the matters mentioned above to extend or
upgrade Unitywater's water infrastructure.
Network Infrastructure has the same meaning as in the Act.
Other Connection means any Connection that is not a Standard Connection or a
Staged Connection.
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Connection e the connection of Property Service Infrastructure to
Unitywater’s water infrastructure to supply a water service
or wastewater service; and
e the disconnection of Property Service Infrastructure from
Unitywater's water infrastructure to stop supply of a water
service or wastewater service; and
e the Alteration of Property Service Infrastructure that is part
of Unitywater’s water infrastructure.
Property Service | means generally the infrastructure for connecting premises to
Infrastructure Unitywater’s infrastructure, as more particularly defined in the
coe Service Works | means a charge levied for Property Service Infrastructure.
Recycled Water | means the areas shown as Recycled Water Connection Areas
Connection Areas on the map attached at [insert map reference].
Recycled Water Future | means the areas shown as Recycled Future Water Connection
Connection Areas Areas on the map attached at [insert map reference].
SEQ WS & S Design and| means the South East Queensland Water Supply and
Construction Code Sewerage Design and Construction Code, as amended from
time to time.
Sewerage Connection | means the areas shown as Sewerage Connection Areas on the
Areas map attached at [insert map reference].
Sewerage Future | means the areas shown as Future Sewer Connection Areas on
Connection Areas the map attached at [insert map reference].
Staged Water Connection | means a Connection that complies with Unitywater’s
or Staged Connection Connection Criteria at Schedule 1, Table 3 - Connection Criteria
for Staged Connections.
Standard Conditions means the Standard Conditions identified in Schedule 1, Table
1 - Criteria and Conditions for Standard Connections.
Standard Connection means a Connection in the Connection Area that complies with
Unitywater's Connection Criteria at Schedule 1, Table 1 -
Criteria and Conditions for Standard Connections.
Water Approval has the same meaning as in the Act.
Water Connection Areas | means the areas shown as Water Connection Areas on the
map attached at [insert map reference].
Water Future Connection | means the areas shown as Water Future Connection Areas on
Areas the map attached at [insert map reference],
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Unit Vve il tT . . - > .
y Interim Connections Policy — Schedule 1: Criteria
Table 1 - Criteria and Conditions for Standard Connections
Schedule 1, Table 1 — only applies for Connections that comply with the criteria for a Standard Connection
real Te ol ae Standard Connections Criteria STEN CE mee tellers
ose ser ei seas ede (These Connections Criteria must be satisfied for a Connection to be (These conditions apply to all Standard
weld te nn Rant ee td within the Standard Connection category) Otel sTi treet) |
Pts t b9| 2
Water Connection Area New water Connection or the Alteration or disconnection of an | «+ Installation by Unitywater of any required
existing water Connection in a Water Connection Area If: Property Service Infrastructure and water
e A single 20 or 25 mm (inner diameter (ID)) Property Service ee én oe with —_Unitywater's
Connection to a single residential lot for a class 1 or 10 building. published standards,
© Excluding ¢ Payment of all charges levied by Unitywater
on the land before Connection is effected;
o Connections to water reticulation mains greater or equal to Ss ‘
300mm (ID); ¢ The Applicant to be responsible for all the
j = : 1 - costs involved in installing any private
° Connections requiring the extension of Unky weiss existing pressure booster pump on the land, including
water reticulation mains (Network Infrastructure); purchase, installation and maintenance costs:
o Connections to lots that are not completely within the water | , Any installed private pressure booster pump
Connection Area. must not cause negative pressure at the point
of supply from Unitywater's water supply main;
e The Water Approval lapses 4 years after the
date the Water Approval takes effect.
Recycled Water | New Recycled Water Connection or the Alteration or disconnection | » Installation by Unitywater of any required
Connection Area of an existing Recycled Water Connection in a Recycled Water Property Service Infrastructure and water
Connection Area if: meter in accordance with Unitywater's
e A single 20 or 25 mm (ID) Property Service Connection to a single published standards;
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Unit Ve itt I . + . ‘ e o
y Interim Connections Policy — Schedule 1: Criteria
Connection Area Standard Connections Criteria Standard Conditions
Selec Pelee (These Connections Criteria must be satisfied for a Connection to be (These conditions apply to all Standard
a hate ee within the Standard Connection category) eTey iil elelit})
PN cet t9
residential lot for a class 1 or 10 building. e Payment of all charges levied by Unitywater
«Excluding: on the land before Connection is effected;
o Connections to water reticulation mains greater or equal to 300 | *» The Applicant to be responsible for all the
mm (ID); costs involved in installing any private
o Connections requiring the extension of Unitywater’s existing pressure booster pump on the land, ean
water reticulation mains (Network Infrastructure): purchase, installation and maintenance costs;
o Connections to lots that are not completely within the water |* Any installed private pressure booster pump
Connection Area. must not incur negative pressure at the point
of supply from Unitywater’s water supply main;
e The Water Approval lapses 4 years after the
date the Water Approval takes effect.
Sewerage Connection | New Sewerage Connection or the Alteration or disconnection of an | « Installation by Unitywater of any required
Area existing Sewerage Connection in a Sewerage Connection Area if: Property Service Infrastructure in accordance
e Asingle 100 mm sewerage Property Service Connection to a single with Unitywater's published standards;
residential lot for a class 1 or 10 building. e Payment of all charges levied by Unitywater
e Excluding: on the land before Connection is effected;
© Connections to lots that are partly or completely below the Q100 | ® The Applicant to be responsible for all the
flood level (or equivalent) in the relevant council planning costs involved in installing any private sewer
scheme: pump on the land, including purchase,
installation and maintenance costs.;
o Connections to sewers that are greater than 300 mm (ID);
. ; e The Water Approval lapses 4 years after the
o Connections to sewers that are at depths greater than 3 m; date the Water Approval takes effect,
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Interim Connections Policy — Schedule 1: Criteria
ee ol aL TET E merlin mercer Standard Conditions
Sands tale plea agin (These Connections Criteria must be satisfied for a Connection to be (These conditions apply to all Standard
sdiaed Areas) within the Standard Connection category) Connections)
oa Connections to lots that are not completely within the Sewerage
Connection Area.
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Y Interim Connections Policy — Schedule 1: Criteria
Table 2 — Connection Criteria for Other Connections
Schedule 1, Table 2 — applies for Other Connections
Location Connection Decision Criteria
(Where the land is located) (The type of Connection sought) (The application is assessed against these criteria)
Inside a Connection Area
Water Connection Area New water Connection or the Alteration or |e The availability of relevant infrastructure to service the land;
ALN OF ea SOPHIE Ween SAN UIRIC ¢ The demands generated by the use or the proposed use, including fire
flow demands;
e The existing and planned capacity available in the relevant network
and the impacts of the demand on the standards of service;
e Any constraints affecting the Connection of infrastructure and the
provision of the relevant service to the land or the supply of the
relevant level of service to other customers:
e If works design plans included in the application — the technical
feasibility of the engineering design and its compliance with the SEQ
WS & S Design and Construction Code.
« Example of a constraint (for all locations and Connections) — a constraint may include
an environmental constraint such as the existence of sensitive habitat that may affect
the location of new Network Infrastructure on or to the land.
Sewerage Connection | New sewerage Connection or the Alteration or | * The availability of relevant infrastructure to service the land;
Ares Raccinrienton OF RH Lemmon Seat e The demands generated by the use, including the biological/chemical
Connection. '
loads;
e The existing and planned capacity available in the relevant network
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a: Interim Connections Policy — Schedule 1: Criteria
and the impacts of the demand on the standards of service;
e Any constraints affecting the Connection of infrastructure and the
provision of the relevant service to the land or the supply of the
relevant level of service to other customers;
e If works design plans included in the application — the technical
feasibility of the engineering design and its compliance with the SEQ
WS & S Design and Construction Code.
Inside a Future Connection Area
Water Future Connection New water Connection or the Alteration or e The availability of relevant infrastructure to service the land;
a EAREORNIECIION Ct ar someting water Connecwon e The demands generated by the use or the proposed use, including fire
flow demands;
e The existing and planned capacity available in the relevant network
and the impacts of the demand on the standards of service;
e Any constraints affecting the Connection of infrastructure and the
provision of the relevant service to the land or the supply of the
relevant level of service to other customers;
e If works design plans included in the application — the technical
feasibility of the engineering design and its compliance with the SEQ
WS & S Design and Construction Code.
Sewerage Future | New sewerage Connection or the Alteration or | ¢ The availability of relevant infrastructure to service the land;
Connection Area oe of on Sxistng = sewerage | The demands generated by the use or the proposed use, including the
: a biological/chemical loads;
¢ The existing and planned capacity available in the relevant network
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sa Interim Connections Policy — Schedule 1: Criteria
and the impacts of the demand on the standards of service;
e Any constraints affecting the Connection of infrastructure and the
provision of the relevant service to the land or the supply of the
relevant level of service to other customers;
e If works design plans included in the application — the technical
feasibility of the engineering design and its compliance with the SEQ
WS & S Design and Construction Code.
Outside all Connection Areas and Future Connection Areas
Outside all Connection | New water Connection or the Alteration or|e The availability of relevant infrastructure to service the land;
pee x and petetes Meconnection of an existing water Connection. e The demands generated by the use or the proposed use, including fire
Connection Area :
flow demands;
e The existing and planned capacity available in the relevant network
and the impacts of the demand on the standards of service;
e Impacts of the Connection on existing and/or planned services and
infrastructure in relevant Connection or Future Connection Areas,
including standard of service impacts;
e Any constraints affecting the Connection of infrastructure and the
provision of the relevant service to the land or the supply of the
relevant level of service to other customers;
e If works design plans included in the application — the technical
feasibility of the engineering design and its compliance with the SEQ
WS & S Design and Construction Code.
New sewerage Connection or the Alteration or | « The availability of relevant infrastructure to service the land;
ee ee ee eee e« The demands generated by the use or the proposed use, including the
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yas Interim Connections Policy — Schedule 1: Criteria
Connection. biological/chemical loads;
e The existing and planned capacity available in the relevant network
and the impacts of the demand on the standards of service;
*« Impacts of the Connection on existing and/or planned services and
infrastructure in relevant Connection or Future Connection Areas,
including standard of service impacts:
e Any constraints affecting the Connection of infrastructure and the
provision of the relevant service to the land or the supply of the
relevant level of service to other customers;
e If works design plans included in the application — the technical
feasibility of the engineering design and its compliance with the SEQ
WS & S Design and Construction Code.
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Unit \\ if ii f if . .- . = - .
a Interim Connections Policy — Schedule 1: Criteria
Table 3 - Connection Criteria for Staged Connections
Schedule 1, Table 3 — applies to Connections that involve Network Infrastructure works or Connections that are staged over two or more approvals
Location Connection Connection Criteria
(Where the land is located) (The type of Connection sought) (The application is assessed against these criteria)
Inside a Connection Area
Water Connection Area New water Connection or the | Initial Staged Application
an oe ceceeyee Bene The availability of relevant infrastructure to service the land;
existing water Connection.
e The demands generated by the use or the proposed use, including fire flow
demands;
e The existing and planned capacity available in the relevant network and the impacts
of the demand on the standards of service;
e Any constraints affecting the Connection of infrastructure and the provision of the
relevant service to the land or the supply of the relevant level of service to other
customers;
e If works design plans included in the application — the technical feasibility of the
engineering design and its compliance with the SEQ WS & S Design and
Construction Code.
Note: s. 99BRAG of the Act also requires applications to be assessed against the SEQ WS & S Design
and Construction Code.
Subsequent Staged Application
e As for first stage to the extent the matter has not already been assessed in the first or
a previous stage;
e« Any matter required to be assessed under a condition imposed on a previous stage.
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site Interim Connections Policy — Schedule 1: Criteria
Sewerage Connection | New sewerage Connection or the | Initial Staged Application
Area Alteration or disconnection of an). the availability of relevant infrastructure to service the land;
existing sewerage Connection.
« The demands generated by the use or the proposed use, including the
biological/chemical loads;
e The existing and planned capacity available in the relevant network and the impacts
of the demand on the standards of service;
¢ Any constraints affecting the Connection of infrastructure and the provision of the
relevant service to the land or the supply of the relevant level of service to other
customers;
e If works design plans included in the application — the technical feasibility of the
engineering design and its compliance with the SEQ WS & S Design and
Construction Code.
Note: s.99BRAG of the Act also requires applications to be assessed against the SEQ WS & S Design
and Construction Code.
Subsequent Stages
¢ As for first stage to the extent the matter has not already been assessed in the first or
a previous stage;
« Any matter required to be assessed under a condition imposed on a previous stage.
Inside a Future Connection Area
Water Future Connection | New water Connection or the | Initial Staged Application
ee Alteration or disconnection of an| . +h. availability of relevant infrastructure to service the land:
existing water Connection.
e The demands generated by the use or the proposed use, including fire flow
demands;
e The existing and planned capacity available in the relevant network and the impacts
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7 Interim Connections Policy — Schedule 1: Criteria
of the demand on the standards of service;
e Any constraints affecting the Connection of infrastructure and the provision of the
relevant service to the land or the supply of the relevant level of service to other
customers;
e If works design plans included in the application — the technical feasibility of the
engineering design and its compliance with the SEQ WS & S Design and
Construction Code.
Note: s. 99BRAG of the Act also requires applications to be assessed against the SEQ WS & S Design
and Construction Code.
Initial Staged Application
¢ As for first stage to the extent the matter has not already been assessed in the first or
a previous stage;
e Any matter required to be assessed under a condition imposed on a previous stage.
Sewerage Future | New sewerage Connection or the | First Stage
Orme totusren Miteration = Greconnecton of an e The availability of relevant infrastructure to service the land:
existing sewerage Connection.
e The demands generated by the use or the proposed use, including the
biological/chemical loads;
e The existing and planned capacity available in the relevant network and the impacts
of the demand on the standards of service;
e Any constraints affecting the Connection of infrastructure and the provision of the
relevant service to the land or the supply of the relevant level of service to other
customers;
e lf works design plans included in the application - the technical feasibility of the
engineering design and its compliance with the SEQ WS & S Design and
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ve Interim Connections Policy — Schedule 1: Criteria
Construction Code;
Note: s. 99BRAG of the Act also requires applications to be assessed against the SEQ WS & S Design
and Construction Code,
Subsequent Stages
e As for first stage to the extent the matter has not already been assessed in the first or
a previous stage;
e Any matter required to be assessed under a condition imposed on a previous stage.
Outside all Connection Areas and Future Connection Areas
Outside all Connection | New water Connection or the | First Stage
Areas and Future | Alteration or disconnection of an ere : ;
T lability of rel t infrastructure t the land;
Connection Area existing water Connection. ; EASY =e Cee Saree eee eer
e The demands generated by the use or the proposed use, including fire flow
demands;
e The existing and planned capacity available in the relevant network and the impacts
of the demand on the standards of service;
e Any constraints affecting the Connection of infrastructure and the provision of the
relevant service to the land or the supply of the relevant level of service to other
customers;
e If works design plans included in the application — the technical feasibility of the
engineering design and its compliance with the SEQ WS & S Design and
Construction Code;
Note: s.99BRAG of the Act also requires applications to be assessed against the SEQ WS & S Design
and Construction Code.
Subsequent Stages
e As for first stage to the extent the matter has not already been assessed in the first or
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¥ Interim Connections Policy — Schedule 1: Criteria
a previous stage;
e Any matter required to be assessed under a condition imposed on a previous stage.
New sewerage Connection or the | First Stage
Alteration or disconnection of an) | The availability of relevant infrastructure to service the land;
existing sewerage Connection.
e The demands generated by the use or the proposed use, including the
biological/chemical loads;
e« The existing and planned capacity available in the relevant network and the impacts
of the demand on the standards of service;
e Any constraints affecting the Connection of infrastructure and the provision of the
relevant service to the land or the supply of the relevant level of service to other
customers;
e If works design plans included in the application — the technical feasibility of the
engineering design and its compliance with the SEQ WS & S Design and
Construction Code;
Note: s. 99BRAG of the Act also requires applications to be assessed against the SEQ WS & S Design
and Construction Code.
Subsequent Stages
e As for first stage to the extent the matter has not already been assessed in the first or
a previous stage;
e Any matter required to be assessed under a condition imposed on a previous stage.
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Unitywve Interim Connections Policy — Schedule 2: Applications
General Information about Applications
The tables in this schedule outline Unitywater’s requirements for lodging and assessing applications for Water Approvals.
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Unit VV 7 [ € 7}: - 2 S a s -
ae Interim Connections Policy — Schedule 2: Applications
Table 4 - Standard Connections Application and Approval Information
Step Interim Connections Policy Provision
Application (Request) How do | request a Standard Connection?
e Where the Connection complies with all of the Connection Criteria for the relevant Connection listed in Table 1 - Criteria
and Conditions for Standard Connections, the applicant must do all of the following:
co Complete the Unitywater approved application form (available on Unitywater's website at www.unitywater.com),
including supplying the plans and other information specified in the form;
o Pay the fee stated in Unitywater’s Fees and Charges Schedule;
o If the Applicant is not the owner of the land related to the Connection, provide the land owner's written consent to the
application.
Note: Payment of these charges (to the extent they apply to the Connection) when the request application is lodged will reduce the time required for
Unitywater to complete the Connection and provide services to the land.
Assessment What is the timeframe for deciding the request?
Up to 5 business days (or a longer period agreed to by the Applicant) after a complete application has been received (Act,
s.99BRAU).
What happens when request is granted?
Unitywater gives the Applicant a decision notice within 5 business days after the Standard Connection is granted.
The decision notice will include: (Act, s.99BRAU, s.99BRAV, s.99BRCJ)
o The Standard Conditions listed in Table 1 - Criteria and Conditions for Standard Connections;
o The following charges (to the extent applicable):
= Charges stated in Unitywater's Fees and Charges Schedule to the extent applicable for the Connection;
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Document No: "[Click to insert document #]"
Revision No: 001
Effective date: 6 March 2014
Next Review Date: 30 May 2014
Unitywater . . . . 5 a aaigs
¥ Interim Connections Policy — Schedule 2: Applications
* The Connection Charge/Act, s.99BRAV(1)(a) ;
* The Property Service Works Charge (Act, s.99BRAV(1)(b));
= The Adopted Infrastructure Charge for the Connection.
Note; Payment of these charges (to the extent they apply to the Connection) when the request application is lodged will reduce the time required for
Unitywater to complete the Connection and provide services to the land.
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Page 76 of 143
Document No; "[Click to insert document #]"
Revision No: 001
Effective date: 6 March 2014 _————
Next Review Date; 30 May 2014
Unitywater ; ; ' ; i
ae Interim Connections Policy — Schedule 2: Applications
Table 5 - Staged Connections and Other Connections Application and Approval Information
Step Connections Policy Provision
Application for: How do! apply for a Staged Connection or Other Connection?
Other Connection or ¢ The Applicant must do all of the following:
Staged Connection (each o Complete the Unitywater approved application form (available on Unitywater’s website at www.unitywater.com),
stage) including supplying the plans and other information specified in the form;
Note: The steps, requirements oc Pay the fee stated in Unitywater's Fees and Charges Schedule;
and timeframes outlined in this
table apply for each stage in a oc If the applicant is not the owner of the land related to the Connection, provide the land owner's written consent to the
Staged Connection application.
Note: This also includes the written consent of land owners related to the Connection e.g, the nearest suitable sewerage main may be located on an
adjoining private property and work will need to be carried out to this main to provide the Connection. The written consent of this land owner is also
required to accompany the application.
Assessment What will the application be assessed against?
Criteria and timeframes e The application must be assessed against: (Act, s.99BRAG(3))
© The Connection Criteria listed in Schedule 1, Table 2 — Connection Criteria for Other Connections or Table
3 - Connection Criteria for Staged Connections of this Policy as applicable to the category of Connection;
o The SEQ WS & S Design and Construction Code;
o Any other matter Unitywater considers relevant to the Connection or supply of its water or sewerage services.
What is the timeframe for deciding the application?
e Decision timeframe - if no extra information required:
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Page 77 of 143
Document No: "[Click to insert document #]"
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Effective date: 6 March 2014
Next Review Date: 30 May 2014
Unitywater : . : ‘ wos
ae Interim Connections Policy — Schedule 2: Applications
o Total decision timeframe - up to 25 business days (or longer period agreed by the Applicant) as follows:
= Up to 20 business days to assess the application starting on the day after Unitywater receives the complete
application;
* Upto 5 business days after the decision is made to give the Applicant notice of the decision.
e Extended decision timeframe - if extra information is required from Applicant:
o Upto an extra 25 business days (or longer period agreed to by the Applicant) as follows:
* Up to 20 business days to assess the application starting on the day after Unitywater receives the Applicant's
compete response to the request of extra information and the application will be held in abeyance until the
Applicant's complete response is received:
= Up to 5 business days after the decision is made to give the Applicant notice of the decision.
Note: The application is taken to have been refused if the Applicant is not given a decision notice within the applicable timeframes specified above
(s.99BRAI(4)).
e Lapsing — the application lapses if the Applicant has not responded to the request for extra information within 6 months
after the request was made and an application for internal review (failure to decide) has not been applied for in
accordance with Part 4, Division 2 of the Act.
What happens when request is granted?
Unitywater gives the Applicant a decision notice within 5 business days after the Staged Connection or Other Connection is
decided.
The decision notice will include: (Act, s. 99BRAU, s.99BRAV, s.99BRCJ)
© any Water Approval conditions imposed;
o the following charges levied (to the extent applicable):
= Charges stated in Unitywater’s Fees and Charges Schedule to the extent applicable for the Connection;
* The Connection Charge/Act, s.99BRAV(1)(a) ;
= The Property Service Works Charge (Act, s.99BRAV(1)(b));
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Document No: "[Click to insert document #]"
Revision No: 001
Effective date: 6 March 2014
Next Review Date: 30 May 2014
Unitywater : . . : oo alae
Y interim Connections Policy — Schedule 2: Applications
» The Adopted Infrastructure Charge for the Connection.
Note: Payment of these charges (to the extent they apply to the Connection) when the request application is lodged will reduce the time required for
Unitywater to complete the Connection and provide services to the land.
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Page 79 of 143
Document No; "[Click to insert document #]"
Revision No: 001
@ Effective date: 20 February 2014
Next Review Date: 20 February 2016
Unitywater . : : I
ra Interim Connections Policy — Schedule 3: Amendments
Table 6 - Amendments of conditions of Water Approvals
Step Connections Policy Provision
Amendments of | How to request an amendment of a condition
conditions SNe aah ¢ Do all of the following:
Approvals
o Complete the Unitywater approved application form (available on Unitywater’s website at www.unitywater.com),
including supplying the plans and other information specified in the form;
o Pay the fee stated in Unitywater’s Fees and Charges Schedule;
o Provide written confirmation that the change sought does not result in the Water Approval becoming a different
category of approval to that which the original Connection application related (e.g.. that a Standard Connection Water
Approval remains a Standard Connection Water Approval);
o If the Applicant is not the owner of the land related to the Connection, provide the land owner's written consent to the
application.
Note; This also includes the written consent of land owners related to the Connection e.g. the nearest suitable sewerage main may be located on an
adjoining private property and work will need to be carried out to this main to provide the Connection. The written consent of this land owner is also
required to accompany the application.
What will the application be assessed against?
*« The amendment request application will be assessed against the same Connection Criteria as the category for the
original Connection application, to the extent the Connection Criteria are relevant to the request (see Schedule 1:
Criteria);
« However, to remove any doubt, the amendment request application will be assessed against the Connection Criteria in
place for the relevant category of Connection at the date when the amendment request application is made.
What is the timeframe for deciding the amendment request?
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Effective date: 20 February 2014
Next Review Date: 20 February 2016
Unitywater . : : :
em Interim Connections Policy — Schedule 3: Amendments
* The request application is subject to the same decision timeframes specified in Schedule 2: Applications as the original
Connection application.
What happens when the request application is decided?
e Unitywater gives the Applicant an amendment notice before the end of the decision timeframe.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Strategic Land Use Planning
5. SUBMISSIONS ON NOOSA PLAN AMENDMENTS PRELIMINARY CONSULTATION
Author Strategic Planner, Rebecca Britton
Planning & Infrastructure
Index ECM/Subject/Noosa Plan Amendments
Attachments Nil
EXECUTIVE SUMMARY
The purpose of this report is to provide a summary of submissions received as a result of
preliminary consultation on proposed amendments to the Noosa Plan. The consultation sought
community input on areas for improvement to the Noosa Plan and requested comment on eight
consultation papers.
RECOMMENDATION
That Council note the report by Strategic Planner, Strategic Land Use Planning to the Planning
and Organisation Committee dated 20 May 2014, and respond to persons who made
submissions to the preliminary consultation on the proposed scheme amendments advising them
of the process going forward.
REPORT
1 Purpose and Background
This report provides a summary of issues raised by submitters and makes comment on how
these could be dealt with through the amendment process. The report does not seek to cover all
matters raised by submitters rather it highlights common themes and issues. Issues have been
summarised around eight planning themes corresponding to the consultation papers ie:
business, housing choice, rural areas, technical issues, vegetation protection, flood hazard,
strategic outcomes, and community, recreation and open space. Locality specific issues are also
noted.
This report should be read in conjunction with the consultation papers which were discussed and
distributed at a Councillor Workshop on 18 April 2014 and are available for viewing on Council’s
website.
Consultation commenced on 7 April 2014 for a period of four weeks, finishing on 5 May 2014. A
public notice was placed in local newspaper, Noosa Today and two media releases were
distributed during this time. The consultation papers were made available electronically on
Council’s website and in hard copy at Council’s planning counter. Meetings were also held with
individuals by request. Letters were sent to local consultants and to persons who made Noosa-
relevant submissions to the draft Sunshine Coast Planning Scheme in 2012.
A total of 78 submissions were received from consultants, community organisations, business
owners and private individuals.
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2 Business
Shire Business Centre
There was good support for continuing firm limits on additional retail uses and the need to
strengthen provisions to encourage business and educational activities. Submitters also agreed
there was need for a detailed review of where hardware, showrooms and trade-related
showrooms are located and how they are defined.
In contrast the owners, QIC, submitted that the planning provisions are so ‘fine grained’ the
overarching planning intent is compromised by the level of detail and regulation. They called for
increased flexibility to ensure precincts can be viably developed and requested that the precinct
map be removed to allow this flexibility. They also suggested that the levels of assessment and
consistent uses need review to accommodate an alternative distribution of uses. They highlighted
a desire for sufficient (more) retail floor space to provide a catalyst for other business
development, as well as a review of building heights (increased) to provide for more flexible
building forms and mixed use development. They submit that Precinct OS7 divides the land and
could be better utilised and protected in a manner that integrates with the built form and
landscape elements of the development.
Car parking
There was support for the need to review car parking requirements and rates in existing centres
and to allow for car parking dispensations for changes of use where floor space remains the
same or where it can be demonstrated that there is good access to alternative forms of transport.
Submitters supported the idea of allowing for the establishment of infrastructure agreements
between Council and the developer where car parking cannot be provided on site and where
there is an overriding community benefit to support the development. In this way car parking
contributions could be collected in lieu of actual car parking for the purposes of improvements to
the public transport network or other transport related infrastructure.
Car parking requirements were recognised as a constraint to development in Noosa Junction,
Peregian, Noosaville and Tewantin. One suggested that removing the car parking requirements
for small shop-top units in Noosa Junction or allowing for contributions in lieu would be beneficial.
Advertising devices
There was support for provisions in the advertising devices code to be reviewed, as proposed in
the consultation paper, including the criteria for self-assessment and the criteria for maximum
sign face area based on the overall size of the building, rather than a one size fits all approach.
Submitters suggested the need for more emphasis on enforcement of advertising signage.
Noosa Junction key development sites
There was seen to be need for more appropriate (increased) land use, density and built form
provisions for key sites (Noosa Fair, Bowls Club, Bottlebrush Carpark and Grant Street Carpark).
It was suggested that recommendations should ensure redevelopment is consistent with overall
scale, form and use mix within the Junction. It was suggested that roof awnings should be
allowed to overhang Council footpath reserve along Sunshine Beach Road and outdoor dining
areas allowed to extend into this area (without additional car parking requirements).
Extractive resource areas
One submitter made detailed comments on the separation (buffer) area surrounding the Kin Kin
Quarry on the basis that it causes unnecessary detriment to property owners and offers no
protection in a planning or environmental sense beyond what the natural features provide in
separating the quarry from properties in Murrays Road, Kin Kin.
Submitters commented that the extent of the key resource area in Kin Kin should be reduced in
size along with the separation area due to the decrease caused to land values.
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3 Housing Choice
Detached houses
There was support for a clearer definition of Detached house; Household and short term Visitor
Accommodation to protect areas zoned for detached housing from being converted to short term
accommodation.
A number of large dwellings are being constructed in the coastal area raising significant concerns
for neighbours and their residential amenity. Consequently, there have been requests for tighter
controls over the design and scale of detached houses in urban areas to prevent oversized
dwellings and undue overshadowing, loss of natural ventilation, views and outlook.
Submitters also sought stricter control over building relaxations and suggested the need for
public notification of relaxation requests. Side and rear boundary setbacks and site cover will be
investigated as part of the scheme amendment.
Permanent residents in visitor accommodation
Two submissions were received from Viridian requesting that the occupancy restrictions for villas
and penthouses be removed to allow for long term/permanent rentals.
There was some concern from others that any relaxation of limits to allow long term occupation of
visitor accommodation generally across Noosa may lead to a shift in visitor accommodation to
areas zoned for detached housing. There is already ongoing concern over the growing number of
single houses being used as short term visitor accommodation. There was support for time limits
being put in place to assist with controlling long term usage.
Granny flats
There were mixed views on how best to regulate granny flats. Some felt that granny flats should
not remain self-assessable in urban detached housing areas due to adverse amenity, car parking
and infrastructure impacts and the fact that they are often illegally sublet as rental
accommodation. Others supported encouraging granny flats for reasons of housing affordability,
choice and flexibility, eg allowing the elderly to age in place with dignity and allowing families and
teenagers to adapt as needs change.
Submissions seemed to focus on potential problems in urban areas where granny flats are
already self-assessable. There is merit in continuing to investigate the option of making the use
ancillary to the dwelling house (rather than a separate use) and self-assessable in the rural zone.
Another submitter wished for the maximum 25m distance between the granny flat and the main
house to be made greater for rural properties and the maximum size to be made larger to provide
for two bedrooms.
Ancillary dwellings (caretaker’s residences)
Some rural submitters felt that ancillary dwellings should be made self-assessable and lettable to
anyone (not just the owner or employees) to provide supporting income for rural pursuits and for
affordable housing. This will be investigated.
Residential units in business centres
Initiatives aimed at improving housing choice and affordable living were supported provided there
are no significant increases in development and densities available. This includes in and around
existing centres at Noosa Junction, Noosaville, Tewantin and Cooroy. Shoptop housing is
currently allowed in these centres as part of a mixed use development.
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There was support for shop top housing at Noosa Junction in particular, however submitters felt
planning scheme provisions made the prospect of it occurring unlikely and unviable. Submitters
suggested that parking, density, setbacks and other requirements needed review so as not to
inhibit future redevelopment.
There was also support for visitor accommodation at the Shire Business Centre but this should
only be minor and ancillary to business uses across the site.
Visitor hostels
There was good support for visitor hostels to be reviewed including density requirements. It was
also requested the scheme allow for a range of complementary uses on site (eg cafés) where
such uses have negligible impact on the neighbouring amenity.
4 Rural Areas
Rural Uses
There were a number of requests for intensive animal husbandry (eg. chicken farms) to not be
allowed in Noosa because of the potential disruption to neighbour’s quality of life. Some
suggested that the use should continue to be impact assessable.
There was support for the idea of value adding to farm produce and preventing fragmentation of
agricultural land as primary production. One submitter noted that current animal husbandry
regulations make no reference to lot size or free ranging animal practices and makes the point
that regulating the amount of animals by lot size prevents overstocking and preserves the quality
of good agricultural land.
A number of other changes were suggested in submissions for consideration.
Rural subdivision
There were requests for reducing the minimum lot size for rural zoned allotments. Currently, a
100ha minimum applies and is governed by the SEQ regional plan and cannot be modified.
Others requested reduction in the minimum lot size of rural residential (rural settlement zoned)
lots to allow for subdivision and to provide affordable rural blocks for boutique operations. There
are strong planning reasons to limit further development of rural residential. It is land
consumptive, expensive for the provision of infrastructure and services, and impacts on
agricultural viability where agricultural land is subdivided or alienated. Rather than increasing
rural residential development, staff will be investigating means of providing for more affordable
housing choices in existing urban areas.
Rural accommodation
Some submitters supported the encouragement of small nature based rural accommodation
where it does not impact adversely on the local community or environment.
One submitter did not support proposed changes to facilitate visitor accommodation facilities in
rural areas as it was seen to compromise rural amenity and impact on remaining good quality
agricultural land. They made the point that further fragmentation or alienation of agricultural land
would impact on sustainability and food security in the future and that inappropriate tourist
development can represent a direct threat to expansion of valuable rural industries. They
suggest that:
Council should be facilitating expansion of viable and sustainable rural production in the
hinterland as opposed to reliance on tourism development;
allowance for visitor accommodation should be restricted to existing provisions in the
Noosa Plan; and
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tourism facilities should remain impact assessable of a certain scale and intensity to avoid
planning conflicts.
5 Vegetation Protection
A number of concerns and suggestions were raised with regards to vegetation and biodiversity
protection including:
Update zoning map to reflect tenure and ownership changes for conservation.
Give additional recognition to riparian areas and their restoration to encourage improved
heath of the waterways.
Allow to clear greater distances around buildings to reduce fuel for fire and to prevent storm
damage to buildings (at least the distance of the tallest trees surrounding).
Update landscaping code to address specific planting and design requirements detailed in
submission.
Ensure tree clearing requirements are fair for rural landholders to enable rural activities and
building of infrastructure and buildings.
Offsets to be made available to compensate for vegetation clearing.
Encourage farmers to plant offsets in partnership with Landcare as buffer zones eg. 50m
width to alleviate conflicts regarding spray/visual amenity/waterway impacts etc.
Maintain vegetation clearing regulations at the local level particularly given recent state
government changes to the Vegetation Management Act.
Vegetation protection in Noosa is one of the important elements making Noosa a special
place.
6 Flood Hazard
A number of concerns and suggestions were raised with regards to flood hazard management
including:
More attention needed to connectivity between footpath and the ‘podium’ level of new
ground floors that are raised to overcome flood threats. In this regard encourage well
designed pedestrian flows, with equitable access for abled and disabled people.
Planning scheme provisions need to recognise climate change and these provisions need
to form part of a broader program to raise community awareness of predicted changes to
climate.
Update flood maps including removal of large urban areas that have been filled since 2004
and are thus relieved of flood risk.
Object to land subject to the flood overlay being treated as a ‘one size fits all’. Risks
upstream are different to those at the river mouth, thus Council needs to find a better way
of depicting degrees of flood risk on the mapping.
Any increases in the minimum habitable floor height should also come with an increase in
the building height limit to 10m for all allotments below the 2.5m AHD to provide for better
design options for car accommodation and two habitable floors above.
7 Community, Recreation and Open Space
Noosa trails
There was support for further opportunities associated with Noosa Trail Network.
Heritage design
There was support for new buildings in character areas and on heritage sites being required to
address codes. It was suggested that provisions should be written such that the code does not
stifle innovation and contemporary design or seek to replicate existing buildings, but instead
should complement, support and enhance existing heritage buildings.
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Parks and business uses on open space/community lands
Concern was raised over the infiltration of business and tourism activities into land zoned open
space and recreation at the expense of facilities and open space available for local residents. It
was suggested there needs to be stricter limits on the use of public open space, or the
community should be compensated for the loss by provision of more community open space
areas. Others specifically mentioned the need for more parks and the need to enhance usability
of existing parks (eg Pinaroo Park).
Overnight camping
It was suggested Council allow for a small number of small vans/campers/cars to park and camp
overnight at Noosa Spit for a fee to remove current issue of camping overnight in vehicles.
8 Strategic Outcomes
Submitters expressed the need for the Strategic Framework to be strengthened to reinforce key
planning outcomes being sought for the Shire. It was also suggested the scheme include an
urban growth management boundary and rural residential growth management boundary on
zoning maps.
Various submitters expressed broad strategic outcomes they felt should be outlined in the Noosa
Plan.
9. Technical and Miscellaneous Corrections
Scenic amenity and local character
It was suggested:
The Noosa Plan should more specifically address scenic amenity, have regard to relevant
work carried out for the draft SCRC planning scheme, and have consideration of views
such as streetscape, rural, coastal beaches, and cultural scenes.
Local character maps should be added to the planning scheme depicting local
characteristics of places eg active streets, character vegetation, entry points and significant
views.
10. Locality Specific Issues
Noosa North Shore Locality
Rural settlement zone setbacks – request reduction of side setbacks in rural settlement
zone on Noosa North Shore from 20m to 10m consistent with the low density urban
character of lots in the Frying Pan area.
Site cover on Noosa North Shore - 500m2 restriction on site cover is discriminatory and
unnecessary. Should be the same as other rate payers.
Planning scheme strategy map needs to show all rural settlement properties on the Noosa
North Shore
Code requirements need review including references to dense landscaping around
buildings.
Request removal of riparian buffer from 27 Maximillian Road, Noosa North Shore.
Kin Kin Village
Concern recent developments detract from visual amenity and character and do not
conform to requirements of locality code. Additional wording should be added to code,
similar to Boreen Point, to protect visual amenity and control building bulk, height and roof
pitch.
Further wording required for corner lots to ensure buildings address both streets.
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Future subdivisions or development should not provide for cul-de-sacs and should extend
or enhance previous village street pattern and open space networks.
Riparian buffer should be extended to include areas around Keys Creek.
Boreen Point
Need to protect ambience and heritage values at Boreen Point from very large imposing
buildings.
Need to protect and document heritage sites in the village.
11. Zoning Requests
While the consultation process indicated that Council generally will not be considering zoning
changes as part of the scheme amendments, the following zoning requests have been submitted:
122 & 144 Myall Street, Cooroy (Robert Bros) from Rural to Detached Housing Zone
Correct zoning anomalies for 21 Maple Street, Cooroy, and as part of this investigate
possible carparking arrangements that provide co-benefits to the owner and Council along
the railway reserve.
Corner of Myall Street and Ferrells Road, Cooroy. DA being prepared for mixed used
development including a service station, carwash, storage, and caravan tourist park. Site is
inside the urban footprint and zoned Rural. Requested zone be changed to Business
Centre Zone.
30-32 Doonella Street, Tewantin change from Community Services to Business Centre to
facilitate redevelopment to business uses.
12. Next Steps
Staff will now write to the Minister advising of Council’s intention to make scheme amendments,
explaining what the amendments include and addressing any state interests relevant.
For the remainder of May and June strategic planning staff will commence preparing
amendments having regard to submissions received and any directions from Council and the
State. It is intended that a report to Council on the amendments proposed will be presented at
the June meeting.
Subject to Council endorsement the amendments will be sent to the State for the 1 st state interest
review (July – October), followed by formal public notification (mid-October to mid-December).
Previous Council Consideration
At its Ordinary meeting on 6 March 2014, Council resolved to:
A. Resolve not to proceed with the previous Sunshine Coast Regional Council Draft Planning
Scheme process which applied to the Noosa Shire area;
B. Resolve to commence the process of making planning scheme amendments to the Noosa
Plan;
C. Authorise the Chief Executive Officer to advise the Minister of Council’s proposal to
commence the process of making planning scheme amendments; and
D. Respond to persons who made Noosa-relevant submissions to the draft Sunshine Coast
Planning Scheme in 2012 to advise them of Council’s intention regarding a planning
scheme review.
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Finance and Risk
The recommended actions can be accommodated within the existing budget of staff resources.
Consultation
External Consultation - Community & Stakeholder
This preliminary consultation forms part of a two phase consultation process with formal public
notification of the proposed planning scheme amendments to follow later this year once
amendments are drafted and signed off by the state government.
Internal Consultation
Departments/Sections Consulted:
X Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health x DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
x Asset Planning
Civil Operations
Environment
x
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
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CORPORATE SERVICES DEPARTMENT REPORTS
Property and Facilities
6. GRANTING OF TENURE – NOOSA NORTH SHORE LANDING GROUND FOR
AIRCRAFT (LOT 7 MCH4562)
Author Coordinator Property and Land Management - Clint Irwin
Corporate Services
Index ECM/Subject/Property Management
ECM/Subject/46.04 Land Leases
Attachments 1. Hangar Locations
2. Access Options
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by Coordinator Property and Land Management to the Planning and
Organisation Committee Meeting dated 20 May; and
A. Grant a three year lease to Sunshine Coast Aviators Inc. with respect to the new hangar to
be constructed, and
B. Grant a three year trustee permit to the Sunshine Coast Model Flyers Inc. with respect to
the existing hangar at the site.
REPORT
This report has been prepared in accordance with the Resolution from the Noosa Council
Ordinary Meeting 2 January 2014 which resolved in part to:
iii. A further report be presented to Noosa Council regarding land tenure matters relating to
the Reserve for Landing Ground for Aircraft (Teewah Airstrip)
The lease over the original hangar site at the Noosa North Shore Landing Ground Landing
Ground for Aircraft (lot 7 MCH4562) was for a 25 year period (1/01/1981 – 31/12/2005) to R&M
Barrink. On expiration of this lease the solicitor acting for the Barrinks’ wrote to Council
requesting that the improvements (in reference to the hangar) not be removed due in part
because the Noosa Model Flyers were discussing the future use of the hangar with Council.
Subsequently, Noosa Council offered a three year agreement to the Noosa Model Flyers Inc
commencing 2006 and expiring in 2009. The agreement was signed but not registered.
There are currently two user groups utilising the existing hangar and neither have current tenure.
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Group Key Points to Note
Noosa Model Flyers Inc. 22 year history of usage
Currently 9 members
Sunshine Coast Sports Aviators Inc. – formerly 38 year history of usage
Sunshine Coast Hang Gliding Inc. Half of the current 150 members use Noosa
North Shore Landing Ground covering
microlight, paragliding and hang gliding
activities.
Received a Development Permit for a Material
Change of Use for Transport - Type 4
Aeronautical (Hangar) from Sunshine Coast
Regional Council. The approval lapses
15/12/14.
Have lodged a building application with a
private certifier to construct a 360m2
colourbond shed on part of the landing ground
reserve.
Status of current tenure applications
Noosa Model Flyers:
A letter requesting renewal of the previous permit was received by Council on 24 March
2014.
An Application for Tenure was sent to the group 10 April 2014.
The Application for Tenure has been received by Council.
Sunshine Coast Sports Aviators:
A letter requesting a lease was received by Council on 28 February 2014.
An Application for Tenure was sent to the group 10 April 2014.
The Application for Tenure has been received by Council.
Sunshine Coast Aviators were requested by Council on 17 April 2014 to provide an updated
constitution to reflect the current activities of the group as the previous constitution related to
the Sunshine Coast Hang Gliding Club. As of 12 May 2014 this item was still outstanding.
Access road to site
The current access track is approximately three kilometres long through national park to the
landing ground.
The existing track is not legal access to the site. The existing road reserve (located
approximately one kilometre to the east of the current access track) is the designated legal
access, but the road reserve is heavily vegetated and would require extensive works to bring
it to an appropriate standard for vehicular use.
To legalise the use of the access track it is required to become road reserve. Queensland
Parks and Wildlife Service (QPWS) have requested that the existing access track be
dedicated as Council road reserve.
QPWS have indicated their preference is for access to occur adjacent to the third cutting via
the existing ‘Powerline Track’ heading west which intersects the current access track. As a
result approximately one kilometre can be reduced off the proposed Council road reserve
(see Attachment 2). To allow this access a number of boulders require removal, to allow an
access gate to be constructed.
Page 90 of 143
Section 91
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Proposed tenure arrangements and group responsibilities
It is proposed that a three year lease be offered to Sunshine Coast Sports Aviators Inc and a
three year trustee permit be offered to the Noosa Model Flyers Inc. Each group’s proposed
tenure establishment costs and main tenure responsibilities are listed below:
All associated costs with establishing the trustee permit and lease, including survey plan,
registration and legal costs to prepare the lease (approximately $3,000 in total per tenure).
The tenure agreements are over the footprint of the respective buildings only (see Attachment
1 identifying the location of each of the proposed areas).
Full responsibility for maintenance of the hangar, all utility costs and those associated with
occupying the facility over the term of the tenure.
Will maintain all insurances including building insurance and public liability insurance.
Payment of one unit of rent each per annum which for 2014/15 is $256.30.
Maintain the airstrip and undertake regular Aerodrome Serviceability Inspections of the
landing ground reserve airstrips and report problems to Council.
Neither group will be permitted to sublet to another group, assign, transfer or mortgage rights
to use the premises.
Must not use or allow the use of the premises for charter or hire flights or commercial flying
school purposes. Training of members permitted.
Must not extend the airstrip or develop a new airstrip.
It will also be a condition of both agreements that Council will keep a register of noise
complaints. It is proposed that as complaints arise they will be dealt with in accordance with
the tenure agreement. At the end of the tenure agreement the complaints register will be
reviewed to provide guidance as to whether the tenure agreements will be renewed for a
successive term.
Previous Council Consideration
Noosa Council Ordinary Meeting 2 January 2014 resolved to:
i. Restrict use of the Noosa North Shore Reserve for Landing Ground for Aircraft (Teewah
Airstrip) by prohibiting use by private and commercial helicopter and fixed wing aircraft, but
allow continued use by emergency services helicopters for emergency operational landings
and limited local area familiarisation and training, model aircraft, ultralights, and hang gliders.
ii. Make representation to the appropriate authorities to have the Cooloola Section of the Great
Sandy National Park and the surrounding and adjacent residential areas declared as
restricted airspace
iii. A further report be presented to Noosa Council regarding land tenure matters relating to the
Reserve for Landing Ground for Aircraft (Teewah Airstrip)
Finance & Risk
Nil
Page 91 of 143
Section 92
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Departments/Sections Consulted:
x Community Services Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office X Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 92 of 143
Section 93
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
ATTACHMENT 1
Page 93 of 143
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
ATTACHMENT 1
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Page 93 of 143Section 94
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
ATTACHMENT 2
ACCESS OPTIONS
Page 94 of 143
Section 95
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 20 MAY 2014
7. Noosa River Caravan Park Onsite Management Contract 327401 - Option
Author Property Officer, Michelle Stirling
Corporate Services
Index ECM/Subject/ Noosa River Caravan Park - Administration
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Senior Property Officer, Property and Land Management to
the Planning and Organisational Committee dated 20 May 2014 and authorise the exercise of the
option to extend the Contract for a further one (1) year period commencing 1 September 2014,
as per conditions offered in Tender 327401.
REPORT
Noosa Shire Council operates three holiday parks which offer a wide variety of unique
experiences for visitors. All holiday parks operate under a management agreement with varying
terms to suite the scale of the operation.
Under the Noosa River Caravan Park Tender, the successful tenderer can be awarded a further
one (1) year extension. The current managers (Karen & John Dineen of Anvera Pty Ltd trading
as Dineen Tourism Management) have been operating the Noosa River Caravan Park since 1
September 2010.
The tender recommendation of June 2010 requires that Council assess satisfactory performance
four (4) months prior to the 30 August 2014 contract expiry. An offer and acceptance for the
option was issued at the existing remuneration structure. Additionally a Council recommendation
for the option is required three months prior to the expiry of the 30 August 2014 contract period.
With regards to the tender documentation and Anvera’s submission, in Council’s opinion, Anvera
have:
a) Discharged their obligations in relation to the current agreement;
b) Value added by providing additional benefits including areas of marketing, IT training, the
purchase of beautification items (i.e. plants) and maintenance to infrastructure in addition to
Council’s investment;
c) Requested the extension be considered and subsequently accepted Council’s offer subject to
Council Resolution.
Revenue for the site under Anvera has increased in excess of 20% since September 2010. The
table following indicates the increase in annual revenue.
Page 95 of 143
The text continues on section 96.