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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 10 July 2018
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson, Tony Wellington
“Noosa Shire – different by nature”
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Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 MCU17/0524 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF
USE FOR ENTERTAINMENT AND DINING BUSINESS TYPE 2 - RECREATION,
AMUSEMENT & FITNESS (GYM) AT UNIT 2/37 GATEWAY DRIVE, NOOSAVILLE 3
2 132006.1395.04 - EXTENSION TO RELEVANT PERIOD FOR DEVELOPMENT
PERMIT FOR MATERIAL CHANGE OF USE - MULTIPLE DWELLING (10 UNITS)
AT 142 NOOSA DRIVE, NOOSA HEADS 11
3 MUCU16 0079 02 REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR 5
MEMORIAL DRIVE, TEWANTIN 23
4 132003.221152.6 REQUEST TO CHANGE AN EXISTING APPROVAL FOR
MATERIAL CHANGE OF USE FOR A DWELLING AT 12 PARK ROAD, NOOSA
HEADS 30
5 OPW17/0555 - REPRESENTATIONS TO CONDITIONS - DEVELOPMENT
PERMIT FOR OPERATIONAL WORKS FOR SIGNAGE, LOCATED AT 4-24
GIBSON ROAD, NOOSAVILLE 46
6 MCU17/0546 - REPRESENTATIONS TO CONDITIONS - DEVELOPMENT PERMIT
FOR MATERIAL CHANGE OF USE - HOME BASED BUSINESS - TYPE 3
SIGNIFICANT SCALE SITUATED AT 54 BORONIA ROAD, COOTHARABA 51
7 ENVIRONMENT LEVY POLICY - AMENDMENTS 56
8 DRAFT NOOSA RIVER PLAN FOR COMMUNITY CONSULTATION 72
REPORTS FOR NOTING BY THE COMMITTEE 83
9 DEVELOPMENT ASSESSMENT FEES & CHARGES VARIATIONS FOR 1
OCTOBER 2017 TO 31 MARCH 2018 83
CLOSED SESSION -
Page 2 of 86
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU17/0524 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
ENTERTAINMENT AND DINING BUSINESS TYPE 2 - RECREATION, AMUSEMENT &
FITNESS (GYM) AT UNIT 2/37 GATEWAY DRIVE, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Assistant Development Planner, Billy Glover
Environment and Sustainable Development Department
Index ECM/ Subject/ MCU17/0524
Attachments Nil
APPLICATION DETAILS
Applicant Noosa Strength Centre
C/- RG Strategic
Proposal Material Change of Use - Entertainment & Dining Business Type 2
Recreation, Amusement & Fitness (Gym)
Properly Made Date 29 November 2017
Information Request Date 22 December 2017
Information Response Date 19 March 2018
Decision Due Date 27 June 2018
Number of Submissions Nil
PROPERTY DETAILS
Property Address 2/37 Gateway Drive, Noosaville
RP Description Lot 2 SP 177640
Land Area 2,175 m²
Existing Use of Land Service Shop
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Industry
Overlays Biodiversity (Environmental Protection)
Natural Hazard (Acid Sulfate Soils)
Assessment Type Impact
Page 3 of 86
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
RECOMMENDATION
That Council note the report by the Assistant Development Planner to the Planning &
Environment Committee Meeting dated 10 July 2018 regarding Application No. MCU17/0524 for
a Development Permit for Material Change of Use - Entertainment & Dining Business Type 2
Recreation, Amusement & Fitness (Gym) situated at 2/37 Gateway Drive, Noosaville 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 this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
A.01 1 Site Plan, drawn by Zest Building Design 30/08/2017
A.02 1 Proposed Floor Plan, drawn by Zest Building 30/08/2017
Design
Operating Hours and Class Times
3. The approved use must not operate outside the hours of 5:00am to 8:30pm Monday
to Friday and 6:00am to 9:00am Saturday.
4. Group classes between the hours 7am – 4pm Monday to Friday must have a
minimum 15 minute break between the conclusion of a class and the beginning of the
next.
Maximum Clients and Staff
5. The maximum number of clients per class must not exceed 6.
6. The total number of employees on the site at any one time must not exceed 1.
Carparking
7. A minimum of 2 carparking spaces are to be provided and maintained for the use on
the site for the life of the development.
Noise
8. Noise nuisance beyond the boundary of the site shall not exceed the levels specified
in Table 1.
Table 1
NOISE LIMITS AT A RESIDENTIAL RECEPTOR
PERIOD Noise level at a residential place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level plus 5 dB(A)
6pm – 10pm Background noise level plus 5 dB(A)
10pm – 7am Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD Noise level at a commercial place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level plus 10 dB(A)
6pm – 10pm Background noise level plus10 dB(A)
10pm – 7am Background noise level plus 8 dB(A)
Page 4 of 86
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Amenity
9. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the area by reason of the creation of excessive
noise, lighting nuisance or other emissions.
Advertising Signage
10. Any advertising sign or device must comply with Council’s policies on advertising.
B. Find the following are sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. Some sport and recreational uses are accepted in the Industry Zone given the
potential impacts of sport and recreation uses; and
2. The gym is of similar size and scale to other approved Entertainment & Dining
Business’s (Type 2) within the Noosaville Industrial area.
C. Advise the applicant that a Development Permit for Building Works is required for the
existing mezzanine floor within the subject tenancy.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks retrospective approval for an Entertainment & Dining Business Type 2
Recreation, Amusement & Fitness (Gym) located in an existing Service Shop tenancy in the
Industry Zone of the Noosaville Locality. The proposal also seeks approval for a mezzanine floor
established within the subject tenancy without prior Council development approval.
The application was lodged following a complaint with regard to the establishment of the non-
approved use.
The applicant submits that:
The proposed use is not one of a traditional gymnasium model but operates more as a personal
training studio with no more than 6 clients in attendance at any one time. Class size range from
one on one personal training, to a maximum of a 6-person group fitness class.
There are no facilities such as in other more traditional gyms for members to access 24 hours
and undertake a workout utilising equipment and machines by themselves. All classes and
training have a personal trainer in attendance and must be booked in advance. This ensures no
perceived impacts on adjoining tenancies.
The applicant proposes the following operating hours:
Group Class – Maximum of 6 participants:
Monday to Friday 5:00am to 9:30am and 5:00pm to 8:30pm; and
Saturday 6:00am to 9:00am
One on One personal training
Monday to Friday 9:30am – 5:00pm
The Service Shop tenancy comprises a ground floor of 87.6m² and a mezzanine of 18m², with a
total use area of 105.6m². The mezzanine floor has been constructed without approval.
Locality and proposal plans are included below.
Page 5 of 86
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Figure 1 – Locality Plan
Figure 2 – Floor Plan
Page 6 of 86
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Figure 3 – Existing Tenancy
2. SITE DETAILS
2.1. Background
The existing development was approved for Service Industry and Service Shops by Council on
16 January 2003 (22850 DA). The subject tenancy was approved as an 87.6m² Service Shop.
The development containing the subject shop was approved having 20 carparks on the site.
2.2. Site Description
The subject site is known as 2/37 Gateway Drive, Noosaville and described as Lot 2 SP177640.
The site is located in the Industry Zone of the Noosaville Locality.
The relatively flat site contains an approved Service Industry and Service Shops development
comprising 6 units. The applicant submits that the 6 units on site are currently occupied by a
plumbing business, agricultural stock supplies store and a manufacturing business. Two units are
currently vacant.
2.3. Surrounding Land Uses
Gateway Drive is a main vehicular access way within the Noosaville Industrial Estate. The
subject site is surrounded by industrial uses to the east, and to the west the site directly adjoins
open space land and residential dwellings as little as 40 metres away.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
Page 7 of 86
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy 2017 (SPP) and the SPP
raises no further issues relevant to the proposal.
South East Queensland (SEQ) Regional Plan
The subject industrial site is identified as being within the Urban Footprint in the Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the
application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Development
Area.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Industry Zone of the Noosaville Locality. The proposed use is
identified as an inconsistent use within the zone and is required to follow an impact assessable
application process.
Overall Outcome vv) ii of the Noosaville Locality Code seeks to protect the Noosaville industrial
estate for industrial functions to the exclusion of incompatible uses, including residential,
community and commercial uses, and most sport and recreation uses. The proposed use and
nature of the use requires significant floor space and suitable separation from noise sensitive
land uses. The proposed use is considered suitable in the industrial area and generally
compatible with the range of uses found in Gateway Drive.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of
the assessment against the codes are discussed below:
Criteria Planning Scheme Proposal Complies
Site Area Not applicable 2,175m²
Use area Not applicable 105.6m²
Tenancy original floor area 87.6m²
Mezzanine 18m²
Carparking 6 spaces 2 spaces X
Bicycle Spaces 3 bicycle spaces 2 bicycle spaces X
End of Trip Facilities* Not required Not required
*(required only where 5 + spaces are required)
Vehicle Parking
Based on the carparking requirements of the scheme at the time, the approved Service Shop
would have been provided with carparking at the following rate:
1 space per 30m² or part thereof of total use area.
As per the original approved plans the 87.6m2 tenancy would have been provided with the
availability of 2.92 carparking spaces based on this rate.
The Driveways and Carparking Code requires carparking for the proposed Entertainment and
Dining Business Type 2 use at the following rate:
1 space per 20m2, or part thereof, of use area;
OR
1 space per 3 persons capable of being entertained at any one time, whichever is the greater.
Page 8 of 86
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Based on the total tenancy use area of 105.6m2 (including mezzanine), 6 spaces would be
required for the proposed use. This rate is considered excessive considering the applicant
proposes to operate one class at a time of a maximum of 6 clients, mostly outside of industry
trading hours, and one on one training between the hours of 9:30am – 5:00pm Monday to Friday.
Based on the rate of 1 space per 3 persons capable of being entertained at any one time the
existing 2 spaces will provide sufficient carparking availability for the maximum number of clients
of the proposed gym. Furthermore, the overall shared parking apron (20 spaces) will provide
suitable carparking availability for the proposed gym and existing tenancies of the site. It is noted
that some gym members are also expected to walk or cycle to the gym.
The shared carparking arrangement of the 6 unit industrial development provides sufficient
carparking for the users of the proposed business, providing class numbers are limited to no
more than 6 clients and 1 trainer.
Residential Amenity
Due to the proximity of the site to nearby residential land uses and nature of the proposed gym,
potential noise impacts on the amenity enjoyed by residents of the nearby Bushlands residential
estate was investigated (figure 4).
Figure 4 – Proximity to nearby residential dwellings
The proposed gym use has been operating at the subject site for over a year and during this time
Council has not received any complaints with regard to noise.
In accordance with the proposed operating hours, Council officers conducted a site visit at the
nearby Bushlands residential area and adjoining Open Space Conservation land to the west of
the site. No noise was audible during the site visit.
Given the proposed class size of 6 clients and the nature of the proposed gym model, it is
unlikely the use will detrimentally affect the amenity enjoyed by nearby residents.
Mezzanine Floor
The existing mezzanine floor was established onsite without the necessary development
approval. The 18m² mezzanine floor provides storage for and is ancillary to the proposed use,
and is unlikely to generate further carparking demand. Providing the existing mezzanine floor is
not expanded and remains generally in accordance with the submitted plans, it is recommended
for approval. The applicant has been advised that a Development Permit for Building Works is
required for the mezzanine floor and a condition is recommended to appropriately address this.
Page 9 of 86
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
4. CONSULTATION
4.1. Referral Agencies
Not applicable.
4.2. Other Referrals
Nil.
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. No properly made submissions were received.
5. CONCLUSION & REASONS FOR DECISION
The nature and function of the proposed business use is suitable for the subject site and location.
Whilst Entertainment and Dining Business Type 2 Recreation, Amusement & Fitness is an
inconsistent use in the Industry Zone, the Noosa Plan does recognise that some entertainment
uses will locate in the industrial area. The use has been operating on the subject site without
approval for over a year and no complaints have been made to Council regarding impacts on the
amenity of surrounding spaces.
The proposed business use is therefore recommended for approval.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
X Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 10 of 86
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
2 132006.1395.04 - EXTENSION TO RELEVANT PERIOD FOR DEVELOPMENT PERMIT
FOR MATERIAL CHANGE OF USE - MULTIPLE DWELLING (10 UNITS) AT 142
NOOSA DRIVE, NOOSA HEADS
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment & Sustainable Development Department
Index ECM/ Application/ 132006.1395.04
Attachments 1. Approved Plan
APPLICATION DETAILS
Applicant RACV
Proposal Extension to Relevant Period
Properly Made Date 22 December 2015
PROPERTY DETAILS
Property Address 142 Noosa Drive, Noosa Heads
RP Description Lot 3 SP 126203
Land Area 5453m²
Existing Use of Land Undeveloped land
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosa Heads
Zone Semi-Attached Housing
Open Space Conservation
Overlays Biodiversity Overlay: Riparian Buffer and Environment
Protection Area
Natural Hazard Overlay: Flood Hazard Overlay, Bushfire and
Acid Sulphate Soils
Page 11 of 86
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 July 2018 and refuse Application No. 132006.1395.04 for an
Extension to the Relevant Period for Development Permit for Material Change of Use - Multiple
Dwellings (10 units), situated at 142 Noosa Drive, Noosa Heads for the following reasons:
1. The development is not consistent with the Noosa Plan 2006 as the proposal exceeds the
maximum gross floor area permitted for the site and the proposal does not adequately
respond to the site’s environmental values.
2. Significant time has lapsed since the ecological assessment reports were originally
submitted and the information in these reports is now outdated. Updated ecological reports
have not been submitted. Review of the original ecological report also finds the report is
deficient as it does not satisfactorily address known koala movement through the site.
3. Significant time has lapsed since the water quality assessment reports were originally
submitted and the proposed stormwater drainage solutions are not compliant with the
current Sate Planning Policy for Stormwater.
4. Different bushfire hazard mapping to that used for the initial approval applies as the State
Planning Provisions came into effect after the original approval and result in a higher
hazard rating. The higher hazard rating may require changes to setback/buffer areas and
an amended layout. An updated bushfire management plan has not been submitted to
enable an assessment of the current bushfire hazard.
5. The approval is contrary to the Planning Regulation 2017’s assessment benchmarks for
development in koala habitat area as the development has not satisfactorily considered
safe koala movement measures and habitat connectivity values.
6. The community is unlikely to be aware of the proposal given the significant time that has
lapsed and no works have commenced on site.
7. If this request was refused and a further development application was lodged it is likely that
submissions would be received raising valid grounds of objection to the proposed
development’s non-compliance with The Noosa Plan given the site’s significant location
and environmental values.
REPORT
1. PROPOSAL
The application seeks to extend the relevant period of a Development Permit for Multiple
Dwellings (10 units) by 2 years.
2. SITE DETAILS
2.1. Background
The original application was received by Council on 7 July 2006 requesting that Council assess
the application against the Superseded Planning Scheme. Council agreed to this request as it
was considered to be largely consistent with The Noosa Plan 2006 at the time. The application
was publicly advertised in August & September 2007 and no submissions were received during
the advertising period.
A Preliminary Approval for a Material Change of Use Multiple Dwellings (10 Units) was approved
on 24 January 2008. The preliminary approval was issued for the subject site as the applicant
had not submitted a Bushfire Risk Assessment or a Bushfire Management Plan for the
development. A Development Permit was not issued as a Bushfire Management Plan may have
required changes to the proposed development layout due to fire buffers.
Page 12 of 86
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
A Negotiated Decision Notice was issued on 15 May 2008 which maintained the Preliminary
Approval.
A minor change application was approved on 14 July 2008 which:
Changed conditions relating to land identified as Open Space
Deleted the requirement for a further Development Permit for Material Change of Use as a
Bushfire Management Plan was provided; and
In December 2011 an application was received to extend the relevant period of the application by
a further 4 years until 16 May 2016. On 5 April 2012 Council refused the application as it
considered that the community would not be appropriately aware of the development. It was also
thought that submissions may arise from the adjoining development to the north in the event that
a further development application was. Council staff considered a 2 year extension would be
reasonable however, the applicant would not accept this timeframe.
The applicant appealed Council’s decision in the Planning and Environment Court. On 5 July
2013 the Sunshine Coast Council settled the appeal and agreed to extend the relevant period
until 15 May 2016.
The following image details the approved layout:
Figure 1: Approved development layout
The application has been with Council for a considerable period of time. The reason for the
extended assessment period is that the applicant was requested to respond to the relevant State
matters regarding stormwater, koala habitat and the site being within a Coastal Management
District. No response was received from the applicant and an officer assessment has not been
able to be undertaken until recently.
Page 13 of 86
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
3. SITE DETAILS
3.1. Site Description
The site is generally triangular in shape, comprises 5453m2 and has frontage to Noosa Drive.
The western boundary of the site is adjacent to Weyba Creek. The land located to the north of
the subject site is developed with 149 multiple dwelling units and resort facilities.
The site has a north-westerly aspect, with a gradual slope towards the west, adjacent to Weyba
Creek. The Department of Agriculture and Fisheries identifies Weyba Creek as a ‘Fish Habitat
Area’.
At the time of the application for the previous extension to the relevant period, the site was
vegetated and the vegetation mapped as remnant vegetation “not of concern” under the State’s
Regional Ecosystem mapping. This is reflected in the current mapping which maps the
vegetation as Category B and designates the vegetation as “Least Concern” remnant vegetation
which has an equivalent status.
At the time the application was made the site was identified as including “essential habitat” by the
State Regional Ecosystem mapping as it contains species that are endangered, vulnerable,
threatened or rare (the Nature Conservation Act 1992) known to utilise this habitat. The site is
still mapped similarly, with the site containing suitable habitat for acid frogs.
The following image provides a locality plan:
Figure 2: Locality Plan
The site contains split zoning. The Semi-Attached Housing Zone applies to approximately
3817m2 of the site, which represents 70% of the total site area. The remaining 30% of site is
zoned Open Space Conservation. This area is primarily situated directly adjacent to the Weyba
Creek Bushland Reserve.
Page 14 of 86
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
The following image details the split zoning applicable to the site.
Figure 3: Zoning Plan
3.2. Surrounding Land Uses
North: RACV Resort which is accessed via an easement through the subject site and Weyba
Creek Bushland Reserve.
South: Road reserve and Noosa Drive
East: Road reserve and Noosa Drive with developed Detached Housing Zone land beyond.
West: Weyba Creek Bushland Reserve
4. ASSESSMENT
In accordance with Section 388 of the Sustainable Planning Act 2009, in deciding a request to
extend the relevant period, the assessment manager must only have regard to:
(a) the consistency of the approval, including its conditions, with current laws and policies
applying to the development, including, for example, the amount and type of infrastructure
contributions, or infrastructure charges payable under an infrastructure charges schedule;
(b) the community’s current awareness of the development approval; and
(c) whether, if the request were refused:
(i) further rights to make a submission may be available for a further development
application; and
(ii) the likely extent to which those rights may be exercised; and
(d) the views of any concurrence agency for the approval
Page 15 of 86
Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
The following is an assessment of the proposal against each of the above criteria:
(a) the consistency of the approval, including its conditions, with current laws and policies
applying to the development, including, for example, the amount and type of infrastructure
contributions, or infrastructure charges payable under an infrastructure charges schedule;
The applicant’s response to this criterion includes:
“The current development approval was assessed and granted under the superseded planning
scheme prior to the current Noosa Plan. The proposal was reviewed against the 2006 Noosa
Plan provisions under the previous application for extension of the relevant period, wherein it was
determined that the core values of the site including environmental and density provisions were
met. A comparison of the proposal against the current planning scheme is detailed below:
As indicated above the proposal generally complies with the current provisions of the Noosa Plan
apart from gross floor area. It is noted that the existing approval is for 10 units which is actually
less than the 12 units that could be developed on site. The slight increase in gross floor area is
considered to meet the Specific Outcome which indicates development:
a) results in a building scale that is compatible with surrounding development;
b) does not present an appearance of excessive bulk to adjacent properties, roads or other
areas in the vicinity of the site;
c) maximises the retention of existing vegetation and allows for soft landscaping between
buildings;
d) allows for adequate area at ground level for outdoor recreation, entertainment, clothes
drying and other site facilities; and
e) facilitates onsite stormwater management and vehicular access.
Page 16 of 86
Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
The overall design of the development is consistent with the desired built form for the area with
small buildings scattered across the site. The approval also provides for dedication of land at the
rear of the site which is to the community’s benefit.
With regard to infrastructure charges it is noted that as part of Appeal 96/2012 in relation to the
extension of the relevant period, that infrastructure contributions for the ‘missing’ networks of
stormwater were imposed.”
Assessment
South East Queensland Regional Plan 2009 – 2031 (SEQRP)
In accordance with the South East Queensland Regional Plan (SEQRP) the subject site is
identified as being within the Urban Footprint.
The SEQRP recognises that….
The Urban Footprint identifies land that can meet the region’s urban development needs to
2031 in a more compact form….
The Urban Footprint does not imply that all included land can be developed for urban
purposes. For example, national parks and state forests will continue to be protected and
managed under state legislation such as the Nature Conservation Act 1994 and the
Forestry Act 1959, and remnant vegetation will continue to be protected under the
Vegetation Management Act 1999.
Land in the Urban Footprint may be unsuitable for urban development for other reasons,
including constraints such as flooding, land slope, scenic amenity, and the need to protect
significant biodiversity values.
The proposed development provides for urban development which is consistent with the intent of
SEQRP. However, the site contains significant environmental values. The site is currently
vegetated and the development will result in significant vegetation removal. Up to date reports
assessing flora and fauna have not been submitted with the current application. There is justified
concern that the application will impact on significant vegetation and fauna habitat which form
important parts of the Noosa biodiversity network. The ecological issues are discussed in more
detail later in this report.
The impact of the development on koala habitat was assessed as part of the initial application in
accordance with the requirements of the Nature Conservation: Koala Conservation and
Management Plan 2006-2016 (the Management Plan). Accordingly, conditions were included
relating to koala friendly fencing, rehabilitation of areas with koala habitat trees, the presence of a
spotter and sequential clearing. These conditions were included to ensure that the development
complied with the requirements of the Management Plan.
The South East Queensland Koala Conservation State Planning Regulatory Planning Provisions
(Koala SPRP) (November 2015) applied to the site at the time the extension to the relevant
period was lodged with Council. Accordingly, Division 7 applies which requires assessment of an
application in a Koala Assessable Development Area in which a total cleared area or
development footprint will exceed 500m2.
The main two assessment criteria under Koala SPRP relate to the provision of offsets where
clearing mapped koala bushland habitat. To the extent the premises is inside the Urban
Footprint, site design must avoid clearing non-juvenile koala habitat trees in areas of bushland
habitat, with any unavoidable clearing minimised and significant residual impacts
counterbalanced under the Environmental Offsets Act 2014. Site design must also avoid clearing
non-juvenile koala habitat trees in areas of high value rehabilitation habitat, and medium value
rehabilitation habitat, with any unavoidable clearing minimised and significant residual impacts
counterbalanced under the Environmental Offsets Act 2014. The regulated mapping obtained in
February 2016 shows the site within an urban area and within the Koala Assessable
Development Area, however the site is not mapped as bushland or rehabilitation habitat and, as
such, no offsets were applicable under the Environmental Offsets Act 2014.
Page 17 of 86
Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Other assessment criteria under the Koala SPRP include that the site design provide safe koala
movement opportunities as appropriate to the development type and habitat connectivity values
of the site. The SPRP also requires native vegetation clearing undertaken in a sequential manner
and under the guidance of a koala spotter where the native vegetation is a non-juvenile koala
habitat tree and landscaping activities provide food, shelter and movement opportunities for
koalas consistent with the site design.
As the originating application material did not consider the koala habitat values of the site as
important, it is unlikely the requirements for site design and connectivity for koalas have been
considered in the design and would not be able to meet the criteria.
The site is currently mapped as a Koala Assessable Development Area and whilst offsets are not
applicable, the application requires assessment under the current requirements of the Planning
Regulation 2017. The applicant has not provided an assessment against the current
requirements.
Furthermore, due to the amount of time which has lapsed since the original application was
made, the ecological reports which formed the basis of the original assessment are now out of
date.
Council’s Environment Officer advises that new ecological reports are likely to require
amendment to the layout of the development to address significant vegetation, koala habitat, acid
frog habitat and revisions in the assessment of skink habitat importance.
The Noosa Plan (2006)
Under the Noosa Plan the land is zoned Semi-Attached Housing and Open Space Conservation.
A new application for Multiple Housing Type 4 would be an Impact Assessable application and
would involve assessment against the whole of the planning scheme.
A condition of the development approval requires that part of the site, being land designated at
the time in the Strategic Plan as Open Space – Waterway and Conservation Protection, be
dedicated to the Crown. The effect of this condition is that the development is limited to that part
of the site which is now identified as Semi-Attached Housing. The Noosa Plan’s zoning is
generally reflective of the 1997 Strategic Plan’s designations for the site.
Development of multiple dwelling units is consistent with how the Noosa Plan envisages the
Semi-Attached Zoned land will be developed. The land use is identified as a consistent use
within the Semi-Attached Housing Zone for the site.
The proposed development also remains generally consistent with the design parameters for the
Semi-Attached Housing Zone apart from the maximum gross floor area (GFA). The Noosa Plan
allows a GFA based on the maximum population density x 40m2, which would allow 1621.6m2.
The approved maximum GFA of 1896m2 therefore does not comply.
The development is also not consistent with the overall and specific outcomes of the Noosa Plan
for the natural environment.
Whilst there was similarity in the environmental provisions of the superseded planning scheme
and the Noosa Plan the assessment of the environmental issues is considered outdated and
deficient. This is due to the applicant’s environmental report which Council’s Environment Officer
advises lacks suitable detail and currency to enable a properly informed assessment. The
original ecological report advises the site utilisation by koalas is very low or nil, which is contrary
to contemporary knowledge of the site and locality.
Council’s Environment Officer advises that the site contains significant vegetation and that koalas
use the site as part of a corridor between the Noosa National Park and vegetation stands around
Lake Weyba.
The vegetation protected as part of the original application was primarily at the rear of the site.
The retention of a koala corridor may require additional vegetation within the site to be retained
following a detailed investigation of the koala usage. The retention of this vegetation would have
Page 18 of 86
Section 19
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
an impact on where development could occur and would impact on the layout of the
development.
Furthermore, existing conditions of the approval requiring the retention of vegetation within the
development are unlikely to result in the retention of koala habitat as construction works would
impact on the capacity for trees to be retained. If these trees were to be retained it is likely that
they would result in safety concerns due to their proximity to the dwellings and their removal
would be inevitable.
Accordingly, it is considered that the application does not satisfactorily address the range of
contemporary environmental issues which are relevant to the site.
Bushfire
The current State Planning Provisions came into effect after the original approval. The current
bushfire hazard mapping assesses bushfire hazard differently to the previous bushfire mapping
used in the original assessment. When assessing the original application, the hazard assessment
concluded that the site had a low hazard status and that there was no need for any bushfire
actions to make the site safe. The current mapping system identifies that part of the footprint of
the approved development is mapped as having high potential bushfire intensity.
As a result of the changes to the bushfire mapping an updated bushfire management plan should
be provided. An amended bushfire management plan has not been submitted with this
application. The changed mapping may result in amended setback/buffer areas and impact on
the approved layout.
Stormwater
The original approval included conditions relating to Stormwater.
Council’s Environment Officer (Water) advises that the stormwater conditions are not suitable as
they do not ensure compliance with the current State Planning Policy for Stormwater Quality.
The conditions require storm water drainage to be constructed in accordance with a Stormwater
Quality Management and Assessment Report which was prepared in June 2007.
Council’s Environment Officer (Water) advises that the report is based on older policies requiring
mean annual pollutant concentrations to be met – and does not demonstrate that the current
State Planning Policy water quality objectives of 80% reduction in TSS, 60% reduction in TP and
45% reduction in TN are met.
The report relies heavily on treatment achieved through rainwater tanks and Gross Pollutant
Traps and does not demonstrate that any footprint is provided for water quality treatment
infrastructure.
….. it has been found that Gross Pollutant Traps actually generate nutrients if not maintained
so are no longer supported and also Rain Water Tanks are also no longer required under the
QDC.
For this reason, the applicant would need to supply an Updated Stormwater Management Plan
demonstrating that the objectives of the current State Planning Policy (SPP) can be met and also
that there is sufficient footprint as well as elevation available on site to include any necessary
stormwater quality treatment devices to achieve compliance with the SPP.
Council’s Environment Officer also notes that a number of conditions relating to stormwater
drainage and sediment control are outdated. In order to meet the current requirement for all
runoff to flow over natural filtration prior to exiting the site, amendment to the layout will be
required.
Infrastructure Charges
The current development approval contributions and Infrastructure Charges were issued under
the repealed Planning Scheme Policy’s (PSP) and Coastal Major Road Network Infrastructure
Charges Plan (CMRNICP) that have since been superseded and replaced by the current adopted
Page 19 of 86
Section 20
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
charges. The first extension included an additional condition under the Court order for the then
missing stormwater network.
An extension to the relevant period would trigger any additional Infrastructure Charge Notice
(ICN) for the remaining missing Public Transport Network.
(b) the community’s current awareness of the development approval;
The applicant’s response to this criterion includes:
The Sustainable Planning Act details that the community’s awareness of the proposal is to be
considered in determining a request to extend the relevant period. The subject site was
advertised for sale in May 2015 with real estate sign boards clearly detailing the existing approval
relevant for the site. The approval over the site was also detailed in the media advertising
campaign associated with the site including advertisements in the local newspaper the Noosa
News.
The current owner purchased the site on 27th June 2015 after which the real estate sign board
was removed. The provision of this sign board on the site, as well as the existing access
driveway to the site from the RACV lot highlighted to the community that a development was
approved for the subject site.
Assessment
Considerable time has lapsed since the original notification in 2007, which has provided the
property owner with substantial opportunity to act. Council originally refused the previous
application to extend the relevant period based on this criterion.
Since the development was approved, there have been no related approvals lodged or any works
carried out onsite that would draw public attention to the development. It is likely that many
current members of the community would not be aware of the development approval.
Since the development approval was issued in 2008 the property owner could have undertaken a
range of activities to progress the development approval. These activities include:
Lodgement of an Operational works application for Operational Works for Frontage Works,
Stormwater and Drainage, Sewer Reticulation, Water Reticulation etc;
Lodgement of amended plans with Council to satisfy the requirements of the Decision
Notice; and
Dedication of required land to the Crown;
The property owner has not undertaken any of these steps to progress the development.
(c) whether, if the request were refused:
(i) further rights to make a submission may be available for a further development
application; and
(ii) the likely extent to which those rights may be exercised;
Assessment
A new application for multiple dwellings would require impact assessment and include notification
providing further rights for submissions to be made. The community maintains considerable
interest in ecological values and the potential for development to impact those values. In this
instance the site is situated along an important gateway to Noosa Heads and is likely to attract
community interest. As development would impact on the sites ecological values it is highly likely
that submissions would be received raising valid grounds of objection.
(d) the views of any concurrence agency for the approval
Assessment
The original application was not required to be referred to any Concurrence agency. The
changes in the planning instruments do not trigger the requirement for Concurrence agency
referral.
Page 20 of 86
Section 21
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
5. CONCLUSION
The application for an extension to the relevant period for 132006.1395.04 relating to
Development Permit for Material Change of Use - Multiple Dwelling (10 units) at 142 Noosa Drive
Noosa Heads is recommended for refusal. The site contains significant ecological values and the
application has not demonstrated consistency with the environmental objectives within the
Planning Regulation 2017 and the Noosa Plan 2006. The original ecological, bushfire and
stormwater reports are all outdated and considered deficient. Compliance today with these
matters would likely result in significant changes to the approved development layout.
Furthermore, the community is unlikely to be aware of the proposal given the significant time that
has lapsed and no works have commenced on site.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 21 of 86
Section 22
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Page 22 of 86
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
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Page 22 of 86Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
3 MUCU16 0079 02 REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR 5
MEMORIAL DRIVE, TEWANTIN
DOCUMENT INFORM AT ION
Author Development Planner, Wilhelm Koschade
Environment and Sustainable Development Department
Index ECM/ Applications/ MCU16/0079.02
Attachments 1. Applicant’s Letter of Support
APPLICATION DETAILS
Application No. MCU16/0079.02
Development Approval Development Permit for Material Change of Use of Premises -
Extension to existing RSL Club
Applicant Tewantin Noosa RSL & Citizens Memorial Club Inc.
Request Received On 22 May 2018
PROPERTY DETAILS
Property Address 5 Memorial Ave TEWANTIN QLD 4565
RP Description Lot 10 on SP 273411
Land Area 6,116m2
Existing Use of Land Tewantin Noosa RSL Club
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Tewantin and Doonan
Zone Community Services
Overlays Natural Hazard Overlay (Bushfire & Acid Sulphate Soils)
Assessment Type Minor Change to Development Approval
Page 23 of 86
Section 24
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 July 2018 regarding Application No. MCU16/0079.02 for a minor
change to Development Permit for Material Change of Use of Premises for extensions to RSL
Club situated at 5 Memorial Avenue, Tewantin, described as Lot 10 on SP 273411 and:
A. Agree to amend condition 3 to read as follows:
3. The proposed development provides for an extension to the Gaming Area (providing
for a maximum of 195 gaming machines and limited to a total floor area of 565m 2),
Smokers Terrace, Store, Children’s Lounge, basement carpark area and other
internal modifications as shown on the approved plans.
B. Investigate the development of a policy for gaming machines to minimise the potential
harm associated with gambling; and
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant is finalising construction of the extensions to the RSL which were approved by
Council in February 2017. The applicant now seeks to amend a condition of the approval to
remove the restriction to the number of gaming machines permitted on site. Condition 3 of the
planning approval restricts the number of gaming machines to 180 within the existing and newly
approved gaming area. The premises is currently operating in breach of the planning approval
with 195 gaming machines on site.
No further extension is proposed to the gaming floor area and the request only relates to the
number of machines. The applicant provides grounds in support of the request which are further
discussed in Section 3 of the report.
2. BACKGROUND
The Tewantin Noosa RSL has been established on the land for a number of years, with the
original building occupying the land fronting Poinciana Avenue, being Lot 3. Since that time, the
RSL has continued to grow in response to community need. The current development approvals
for the existing RSL are briefly described below:
TPC 1894 – Dining Room (Caterer’s Room) an Extension to Existing RSL;
TPC 2782 – Extensions to Existing RSL Club;
R 473 – Rezoning from Special Use – Church to Special Facilities RSL Club in accordance
with a Plan of Development;
3B-388 Special Facilities (RSL Club in accordance with the Plan of Development);
1043 TC – Tewantin Noosa RSL and Citizens Memorial Club – Liquor Sales Area &
Ancillary Changes;
MCU16/0079 - Development Permit for Material Change of Use of Premises - Extension to
existing RSL Club.
MCU16/0079.01 – An amendment to the existing approval was approved by Council on 29
August 2017 primarily relating to changes to the internal floor layouts and the roof form.
Page 24 of 86
Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
A locality plan of the site is provided below:
3. ASSESSMENT
3.1. Statutory Process
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
The applicant has requested to make a minor change to a development approval under s78 of
the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
the development would not result in substantially different development as the built form
and use of the site remain as approved;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new mattes prescribed by regulation;
The change would not cause the application to become impact assessable as the
application has previously followed an impact assessable application process.
Page 25 of 86
Section 26
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
3.2. Statutory Instruments – Planning Scheme
Condition
3. The proposed development provides for an extension to the Gaming Area (providing for a
maximum of 180 gaming machines), Smokers Terrace, Store, Children’s Lounge,
basement carpark area and other internal modifications as shown on the approved plans.
Applicant’s Request
The applicant requests that the condition be amended to remove the reference to the number of
gaming machines to read as follows:
3. The proposed development provides for an extension to the Gaming Area, Smokers
Terrace, Store, Children’s Lounge, basement carpark area and other internal modifications
as shown on the approved plans.
The applicant suggests that the RSL expect to increase the number of gaming machines into the
future depending on demand. These machines will be contained within the approved floor areas.
A letter of support has been provided by the applicant which is included in Attachment 1.
Assessment of Request
The proposal to amend the condition to facilitate the increase in the number of gaming machines
from 180 to 195 does not raise any conflict with the Planning Scheme as The Noosa Plan does
not regulate the number of gaming machines any business or commercial use may have. The
proposed increase in gaming machine numbers does not trigger additional carparking as there is
no increase to the gaming floor area.
The condition restricting the number of gaming machines was included in the original approval
reflective of the material provided at the time of lodgement of the application.
The applicant has submitted an application to the relevant authority, the Office of Liquor &
Gaming Regulation and has since obtained approval to increase the number of gaming machines
from 180 to 195. The request was approved by the Office of Liquor and Gaming in August 2017.
The Office of Gaming Regulation currently regulates and controls gaming machines in clubs and
hotels in Queensland under the Gaming Machine Act 1991. In Queensland there is currently no
cap on gaming machines in clubs. The objective of the Act is to ensure that the community as a
whole benefits from gaming by ensuring the integrity and fairness of games, ensuring the probity
of operators and minimising the potential harm.
There is also a Responsible Gambling Code of Practice developed by the state in May 2002 and
is a voluntary code designed to promote harm minimisation through the use of responsible
gambling practices.
Notwithstanding this, the continued increase in the number of gaming machines raises some
concerns at a local level as while it may provide entertainment that may be harmless to some
people it can also be a source of great distress for a significant minority.
Research suggests problem users are significantly more likely to experience depression as a
result of gambling; experience disruptions to family and social lives; have debts due to gambling;
and experience disruptions to work and study. There is some evidence that gambling, especially
on poker and gaming machines has led to social problems in society, such as personal financial
pressures, emotional distress, domestic violence, employment difficulties, suicide and crime
(Productivity Commission, 1999).
Council does not currently have a policy position with regard to limiting any increase in poker
machines and gaming venues and the Noosa Plan does not regulate the number of gaming
machines in any business. Council may wish to investigate establishing a policy position on this
issue to guide future considerations and seek to minimise any potential harm associated with
gambling to the extent it can.
Page 26 of 86
Section 27
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
4. CONCLUSION & REASONS FOR DECISION
It is concluded that given The Noosa Plan does not currently regulate gaming machines, the
condition be amended to reflect the currently approved number of gaming machines of 195 and
the area currently used for gaming machines be limited to the approved area.
However, it is recommended that Council also investigate the possibility of developing a policy or
including provisions in the next planning scheme to minimise the extent of gaming machines in
Noosa.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 27 of 86
Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Page 28 of 86
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
ATTACHMENT 1
Applicant’s letter of support
The Club was established in 1920 on one land lot at the current site. During the following
90+ years the Club has undergone a number of alterations to increase its footprint which has
involved some important land acquisitions. In this time there were ongoing refurbishments
to ensure the facility offering remained viable and relevant. Today the Club now occupies
eight land lots at the corner of Memorial Avenue, Doonella Street and Pelican Street and is a
significant community facility.
The TNRSL has a current membership that exceeds 11,000 with 400+ of these being
returned service personnel. The Club employs 95+ staff and predominantly sources good
and services from within the local community which has a very positive impact on the local
economy.
The Club provides support to its returned services personnel in the form of Welfare Officers,
and financial assistance to the Sub Branch across a broad range of its activities. These
services would be unduly impacted upon if the revenue stream of the Club was negatively
affected.
The Club provides numerous facilities and services for members, guests and visitors
including, but not limited to, a 270 seat dining area, 80 seat Café, Lounge area, Function
area/s, Gaming room, Children’s room, entertainment, multiple bar areas and bottle shop.
These facilities are also utilised by many community groups as an ‘in-kind’ donation from the
Club to the community, to allow them to promote and fundraise for their causes.
During the last five years the Club has donated over $1.9million in Cash and ‘In-kind’ to the
community, an average of $386k per year. Last financial year the donation was $441k and
based on the current spend this will see the Club again exceed the 400k for this financial
year.
In recent times, primarily the last 20+ years, the Club has refocused its operations to
guarantee that it provides meaningful community benefit as part of its Charter. As part of
this process the Club has increased the number of EGMs from its original nine to the current
195.
It is readily acknowledged within the industry that the primary source of revenue that
enables licensees to contribute to community benefit is obtained from gaming. This is not
unique to our Club but relates to all venues which hold a Community Club Liquor Licence and
Gaming Machine Licence.
The TNRSL has developed a major business plan which has been in place for a number of
years to ensure that it remains a viable financial entity in the Tewantin Noosa area and can
continue to contribute ‘Community Benefits’.
Page 28 of 86Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Page 29 of 86
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Part of this Business Plan is based on the Club’s ability to continue providing gaming services
and grow the revenue stream from same, in other words the ability to increase the number
of EGMs available for use at the Club.
In assessing the proposed growth of Gaming, the Business Plan considered numerous
factors, one of which was community demand. This assessment is also considered in line
with the growth and development of the local community.
The current redevelopment process included the Licensee lodging an application with the
Office of Liquor & Gaming Regulation (OLGR) to increase the number of EGMs from 180 to
195. This application was approved in August 2017.
When increasing the number of EGMs at a venue, parking facilities are a major
consideration. As such additional car parking spaces were developed and the Licensee
operates three courtesy buses to assist people visiting the Club.
We would respectfully request that the reference to the restriction on the maximum
number of gaming machines, permitted at the TNRSL, be removed from the relevant item in
the MCU as detailed above.
Page 29 of 86Section 30
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
4 132003.221152.6 REQUEST TO CHANGE AN EXISTING APPROVAL FOR MATERIAL
CHANGE OF USE FOR A DWELLING AT 12 PARK ROAD, NOOSA HEADS
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application 132003.221152.6
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant G. Woolley C/ Max Barthow
Proposal Request to Change an Existing Approval
Properly Made Date 10 April 2018
Information Request Date N/A
Information Response Date N/A
PROPERTY DETAILS
Property Address 12 Park Road, Noosa Heads
RP Description Lot 54 RP 52918
Land Area 794m2
Existing Use of Land Dwelling
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosa Heads
Zone Detached Housing
Overlays Natural Hazards Overlay – Landslide Hazard
Natural Hazards Overlay – Medium Bushfire Hazard
Assessment Type Change to Approval
Page 30 of 86
Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 July 2018 regarding Application No. 132003.221152.6 for a request
to change a Development Permit for Material Change of Use for a dwelling house to include a lift
accessed by a subterranean tunnel situated at 12 Park Road, Noosa Heads and:
A. Agree to the change for a lift and subterranean access tunnel subject to the following
additional conditions:
Additional Conditions July 2018 (Subterranean pedestrian access and lift)
62. Development undertaken in accordance with this approval must comply with the
approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
CD 5.01 P1 Axonometric Site Plan, prepared by Tim Ditchfield 31.01.2018
Architects
CD 2.01 P3 Ground Floor Plan, prepared by Tim Ditchfield Architects 15.01.2018
CD 2.02 P3 Upper Floor Plan, prepared by Tim Ditchfield Architects 15.01.2018
CD 3.01 P3 West Elevation, prepared by Tim Ditchfield Architects 14.01.2018
CD 4.01 P2 Section A-A, prepared by Tim Ditchfield Architects 15.01.2018
Amended ’Construction Management Plan’ 26.09.2017
D Tree Protection Plan, prepared by Myles Baldwin Design 06/04/2018
Retention of Existing Trees
63. All works must be carried out in accordance with Miles Baldwin Design report listed
within this Decision Notice and the following requirements:
a. No further works, machinery or storage of materials are to be located within the
undeveloped portion of the Tree Protection Zone of Tree 28, the Endiandra
sieberi (Corkwood), located immediately north of the proposed lift access
walkway entrance
b. Adherence to the recommendations laid out in AS4970-2009 Protection of trees
on development sites throughout the remaining build.
c. Establish a Tree Protection Zone as per AS4970 requirements
d. Tree 28, the Endiandra sieberi (Corkwood), must be monitored and protected
from construction activities in accordance with an operational works approval
which details the following information:
i. an advanced arboriculture inspection of the root plate and collar in
accordance with the ISA Tree Risk Assessment procedure. The
arboriculture inspection must be in the company of Council’s delegate.
The permit applicant shall meet the reasonable cost of Council’s delegate
attending the inspection.
ii. landscaping works within the tree protection zone must be undertaken
under the direction of the Project Arborist.
Landscaping Works
64. The development site must be landscaped. The works must be undertaken generally
in accordance with the Miles Baldwin Design report listed within this Decision Notice
and a further Operational Works approval. The Operational Works must include the
following at a minimum:
Page 31 of 86
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
a. Details of local native tree and understory species to be installed to the site
including upslope of Tree 28, the Endiandra sieberi (Corkwood) and over the
access tunnel.
b. Methods to be engaged in the establishment and maintenance of the required
landscaping including arborist recommendations.
c. Details of reinstatement of the soils to the roof of the access tunnel and
methods to ensure slope stability in both short-term and long term.
d. Landscaping details to ensure the development is visually screened with
vegetation when viewed from Main Beach by maintaining and enhancing the
existing canopy structure.
Geotechnical
65. The works must be carried out in accordance with the recommendations of a Slope
Stability Assessment which must be prepared by a suitably qualified person. The
Slope Stability Assessment must be submitted to Council prior to the issue of
Operational Works (Landscaping) The recommendations of the Slope Stability
Assessment must not be in conflict with the requirements of the Tree Protection Plan
or Construction Management Plan referred to in Condition 62.
Construction Management
66. The works must be carried out in accordance with an approved Construction
Management Plan for the tunnel access way development. The Construction
Management Plan dated 22 March 2018 must be amended to detail the removal,
storage and replacement of soils for the tunnel access way and submitted to Council
prior to the issue of a Development Permit for Operational Works (Landscaping).
67. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to the issue of a Development Permit for Operational Work
(landscaping). 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.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant has requested a minor change to the existing dwelling at 12 Park Road, Noosa
Heads.
The proposal seeks changes to the development approval for a detached house to include a lift
which is to be accessed via a subterranean pedestrian link.
The applicant details the proposed changes as follows:
The applicant seeks approval to construct a lift measuring 2m by 2m against the existing
dwelling house and also the associated pedestrian access from the approved timber
terrace fronting Park Road to the lower level of the lift structure and in addition to a
proposed extension of the existing deck to service the proposed lift on what is in effect the
middle or living area level of the existing dwelling house on this site.
The parents of the landowner live in Tasmania and at 80 and 77 years of age they are
becoming infirm. For the last 10 years the landowner’s parents have spent 3 months during
winter per year at the above property in respite from the colder temperatures in that
commonly lash Tasmania each winter.
Page 32 of 86
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
The land owner’s parents, in particular the land owner’s mother, can no longer effectively
negotiate the existing stairs that provide pedestrian access to the above existing dwelling
house, whether that be down from the easement benefiting the site off Allambi Rise and or
up the existing 72 steps from Park Road.
The proposed lift is designed to offer safe access from Park Road to the existing terrace
deck on the middle living level of the dwelling house on 12 Park Road for the land owner’s
parents. The land owner for the above lot also owns the adjoining land at 10 Park Road on
which another dwelling house is currently erected. This existing dwelling at 10 Park Road
also incorporates an existing lift that connects the Park Road level up to the pool on the
middle of the other dwelling house on that land.
The lift now proposed at 12 Park Road could be used in conjunction with the existing lift in
10 Park Road so as to improve universal access for the landowner’s elderly parents, who
will then only need to negotiate three existing steps in order to get from Park Road to that
existing house at 10 Park Road.
The primary reason for the proposed lift is therefore to provide universal access from the
approved timber terrace fronting Park Road to the middle living level of the house for the
young to the older persons and everyone in between….
The lift structure will extend to a height of 8m. above natural ground level. External walls of
the proposed lift structure will be clad in rock to match that rock cladding also proposed to
the external retaining walls of partly underground access between Park Road and the lift
structure.
The application is before Council as there was a previous Court appeal in relation to an earlier
change application involving a deck and due to the significant location of the site. Figure 1 shows
an aerial view of the subject site.
Figure 1: Subject site
Page 33 of 86
Section 34
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Figure 2 below shows the location of the proposed works on site and Figures 3, 4, 5 and 6 detail
floor, elevation and section plans of the proposal.
Figure 2: Location of proposed works
Figure 3: Ground floor plan
Page 34 of 86
Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Figure 4: Upper floor plan
Figure 5: West elevation
Page 35 of 86
Section 36
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Figure 6: Section plan
2. SITE DETAILS
2.1. Background
The Planning Scheme limits dwelling houses on 6 – 14 Park Road to a maximum gross floor area
of 150m². This maximises the retention of vegetation on Noosa Hill and maintains a green back
drop to Noosa Main Beach.
On 29 October 2004 Council issued an approval for a dwelling. The following changes to the
approval have been issued:
9 October 2006 - allowed a tree to be removed
9 August 2006 - permitted the sewer and stormwater lines to discharge to Park Road rather
than to Allambi Rise
27 September 2007 - approved a 50m² extension to the dwelling bringing the total gross
floor area to 198m2.
6 September 2017 – approved retaining wall and unroofed deck. Following Council’s
decision, an appeal was lodged with the Planning and Environment Court on 20 September
2016 by the applicant. The matter was latter resolved between the parties and confirmed
by Judgment of the Planning and Environment Court on 1 November 2011 with the deck
setback 1 metre from the front boundary.
21 June 2018 – supported pre-request response for the development of additions to an
existing deck attached to the dwelling
In April 2018 Council officers became aware that works for the lift access walkway had
commenced at the site without a planning approval. The works relate to piling for the
underground tunnel to access the proposed lift shaft.
2.2. Site Description
The site contains an existing dwelling nestled amongst the vegetated steeply sloping lot (approx.
30% slope). Vehicle access is from 9 Allambi Rise via an access easement.
Page 36 of 86
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
2.3. Surrounding Land Uses
Immediately to the north is a detached dwelling accessed from Allambi Rise. Further to the north
with frontage to Park Road are units that are considerably elevated above Park Road and
accessed from an Allambi Rise ‘service’ road.
Immediately to the south is a detached dwelling owned by the applicant. This dwelling has direct
vehicle access to Park Road from a basement garage which is within the Park Road setback
area. Further to the south are detached dwellings, unit blocks and mixed uses fronting Hastings
Street.
To the west across Park Road is Noosa Main Beach and units fronting the beach.
3. STATUTORY PROCESS
The applicant has requested to make a minor change to a development approval under s78 of
the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’. The proposed change
to the development approval requested by the applicant is determined to constitute a minor
change on the grounds that:
the change would not result in substantially different development as the use remains the
same as that approved and the scale and bulk of the development remains generally
consistent with the current approval. There are no new uses proposed that would create
different or additional impacts;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new mattes prescribed by regulation; and
the proposed changes do not vary the level of assessment.
4. ASSESSMENT
4.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
The primary issues which require consideration relate to the potential for the proposed
development to impact adversely on the treed backdrop to main beach. The proposed impact on
existing vegetation is the critical element requiring assessment.
Vegetation
The works that have commenced relate to the construction of piling to each side of the tunnel.
These works have impacted on the root zone of a significant tree. The tree is Endiandra sieberi
(Corkwood). The tree is a significant part of the treed backdrop to main beach, which screens
development along Park Road and Allambi Rise.
The following photograph identifies the location of the Endiandra sieberi (Corkwood).
Page 37 of 86
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Figure 7: Photograph taken from Main Beach looking towards the subject site and the Endiandra sieberi
(Corkwood).
The applicant’s arborist report, Australian Tree Contractors & Arboricultural Consultants Pty Ltd
(TRAQ), which assesses the safety of the tree incorrectly identifies the tree is a Endiandra
Sievert sp. it is believed that this is a spelling mistake.
The report includes the following assessment:
This Corkwood tree is growing on the side of a sandy based soil slope of approx. 32
degrees and it has a major bias downhill….
There is the very poor taper of the trunk to the root plate and reaction growth to the
increased load by this phototrophic growing tree, primarily no laying down of supporting
wood on either the tension or compression side.
The crown has a lot of epicormic growth present which I interpret to be a direct correlation
to the root system under severe load and stress.
As identified in the TRAQ assessment this tree is in the process of failure although not
necessarily immediately if left with no mitigation response to the issues identified this tree
will fail and as the targets also identified in the TRAQ assessment are all in the target zone
and the potential impact is very significant to both property and life.
Based on a risk assessment the report provides two mitigation options, the first option is the
complete removal of the tree and the second option is end weight crown reduction. End weight
crown reduction is the process of reducing the sail area of the crown to reduce wind stresses.
To assist with the assessment of this application an arborist was engaged by Council officers to
assess both the tree and the applicant’s report. The report considers a number of issues
associated with the tree including root plate movement, ‘lean and heave’ and ‘health and
condition’.
The result of the risk assessment performed by Council’s consulting arborist differs to the
applicants and results in a lower risk rating. The applicant’s arborist has determined a Risk Score
of ‘High’ whilst Council’s arborist score is ‘Moderate’.
Page 38 of 86
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Council’s consulting arborist also notes that the report of the applicant’s arborist:
…..although providing a completed ISA Tree Risk Assessment form it does not fully justify
the site findings within the body of the report with any additional proof of the alleged issues.
It does not explore the option for remedial action that would prolong the life of the tree and
allow new vegetation to grow and replace it over time.
The report does not make reference to the requirement that was placed on the tree to be
protected and retained within the current development nor does it take into consideration
the approved development works or any intrusion into the tree’s root area that may have
occurred.
Based on a preliminary visual assessment Council’s consulting arborist has advised that the tree
can be retained and recommends the following:
1. Undertake an advanced arboricultural inspection of the root plate and collar in accordance
with the ISA Tree Risk Assessment procedure. Findings to be presented to Noosa Council
for consideration.
Where the tree is deemed for retention the following items are required to be addressed to
ensure the tree remains in the landscape long term.
62. Undertake pruning works to reduce canopy sail area and end weight loading (as suggested
by ATCAC) within the subject tree report. These works will require Noosa Council approval
as they are likely to remove more than 20% live foliage but could extend the retention
suitability of the tree to allow replacement planting to establish.
63. Undertake a site meeting with all occupiers of the site to convey details of the subject tree.
64. Adherence to the recommendations laid out in AS4970-2009 Protection of trees on
development sites throughout the remaining build.
65. Establish a Tree Protection Zone as per AS4970 requirements.
66. Any disturbance to the tension side / high side of the tree T28, including landscaping
works, must be undertaken under the direction of the Project Arborist. Disturbance may
lead to erosion of the sandy soils.
67. Regular inspection and monitoring of the tree’s structural condition and potential for
trunk/root plate movement with photographic and recorded evidence. Monitoring is to be
undertaken by a suitably qualified and experienced AQF Level 5 Arborist and presented in
a report
68. As a precaution prior to completing the mitigation measures, it recommended that the deck
area is vacated during a weather event with high winds to avoid potential impact from the
subject tree, and others within the site, that are within falling distance.
The tree currently forms an important part of the vegetated backdrop to main beach and its
retention is the preferred outcome. It is recognised the works that have already been undertaken
have the potential to impact on the stability of the tree. Importantly Council’s consultant arborist
has identified that it is reasonable for the tree to be retained on the basis that advanced
arboriculture assessment be undertaken and there is on-going inspection and monitoring of the
tree. It is noted that the advanced arboriculture assessment may result in a recommendation that
the tree be removed.
The works that have already occurred have included the removal of the vegetation above the
footprint of the subterranean access path. The vegetation removed consisted of planted
understory vegetation.
Council’s Environment Officer advises that it is possible for the area above the access path to be
re-planted with species native to the locality. The re-planting will restore the area with species
which stabilise the slope and provide a visual screen of the development when viewed from Main
Beach.
Page 39 of 86
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
The applicant has also provided a Tree Protection Plan (TPP) prepared by Myles Baldwin Design
Rev D 06/04/2018. An amended Construction Management Plan (CMP) has also been provided.
The plans are amended versions of the plans which formed part of the court settlement for the
lower deck adjacent to the road frontage.
The reports have been reviewed and the recommendations are generally supported. The
applicant has advised that all works and storage of equipment and materials will occur within the
area excavated for the pedestrian access tunnel. Accordingly, there will be no further impact on
vegetation.
Built form
The built form of the development will be consistent with the requirements of the Noosa Plan as
the proposed design modifications will not substantially change the existing approval.
The proposed works do not contribute to gross floor area as the definition of gross floor area
excludes lift shafts and floor areas located in a basement. The proposed works will result in a
minor increase to site cover related to the footprint of the lift shaft however the total site cover will
remain below that permitted by the planning scheme.
4.2. Referral Agencies
The application was not required to be referred to any Referral Agencies.
4.3. Other Referrals
The application was forwarded to the following internal Council officers:
Environment Officer
5. CONCLUSION & REASONS FOR DECISION
The application seeks to change the existing development approval for a dwelling to include a lift
and subterranean access path. The works, which have already commenced, have occurred in
the root zone of a significant tree and result in the removal of planted understorey vegetation.
The tree has been assessed by an arborist, engaged by Council officers. The arborist has
provided recommendations to address the on-going maintenance and safety of the tree, which
may be included as permit conditions. The on-going maintenance of the vegetated backdrop to
main beach is addressed through permit conditions incorporating amendments to the existing
Tree Protection Plan and Construction Management Plan. It is therefore recommended that
Council support the proposed changes.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture X Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 40 of 86
Section 41
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Page 41 of 86
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
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Page 41 of 86Section 42
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
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8l02 A1Nf OF VONADV DNILSAW SSLLININOD LNSINNOYIANS SNINNV 1dSection 46
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
5 OPW17/0555 - REPRESENTATIONS TO CONDITIONS - DEVELOPMENT PERMIT FOR
OPERATIONAL WORKS FOR SIGNAGE, LOCATED AT 4-24 GIBSON ROAD,
NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development Department
Index ECM/ Application/ OPW17/0555
Attachments Nil
APPLICATION DETAILS
Applicant The Trust Company (Australia) Limited
Proposal Operational Works - Signage
Properly Made Date 4 October 2017
PROPERTY DETAILS
Property Address 4-24 Gibson Rd Noosaville Qld 4566
RP Description Lot 1 SP 115778
Land Area 15800 m²
Existing Use of Land Noosa Village Shopping Centre
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Business Centre zone
Assessment Type Code
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 July 2018 regarding Application No. OPW17/0555 for a
Development Permit for Operational Works - Signage situated at 4-24 Gibson Rd, Noosaville and
refuse to change Conditions 1, 2, 8 & 9 for the following reasons:
1. The proposed changes will result in additional signage and illumination of signage contrary
to the Noosa Plan’s Advertising Devices Code.
2. The proposed changes will detract from the amenity and desired character of the area and
contribute to visual clutter.
3. The proposed changes are not legitimately necessary to provide directions and/or identify
the businesses location to residents and visitors to the area.
Page 46 of 86
Section 47
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
REPORT
1. PROPOSAL
The applicant seeks representations to a Development Permit for Operational Works - Signage.
The representations seek to amend Conditions 1, 2, 8 and 9 to allow more signage and
additional illumination on site than currently approved.
The applicant requests the following changes:
1. Three illuminated pylon signs in the locations where the current pylons have been for the
last + ten years (identified as S01, S02 & S03). The existing triangular pylons will be
replaced with blade pylons as per the conditions. All 3 signs have been conditioned and
approved, however the current approval only supports the illumination of 2 of the 3 pylon
signs (S01 & S03). The applicant wishes for the pylon sign identified as S02 on the plan to
be illuminated.
2. Condition 8 supported only 1 wall (Woolworths) sign. The applicant wishes to have 2 wall
signs - 1 tenancy wall sign on the western wall AND 1 on the tenancy wall sign on the
southern wall. The applicant also wishes the southern wall sign to be illuminated. Refer to
Figure 1 – proposed changes to signage.
The application is before Council as the Development Permit was originally approved by Council.
Figure 1 – proposed changes to signage
Page 47 of 86
Section 48
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
2. SITE DETAILS
2.1. Background
Noosa Village Shopping complex was originally approved 28 September 1995 through a
rezoning approval. Extensions to the shopping centre were approved by the Planning and
Environment Court on 8 August 2001. Since that time there have been numerous changes to the
approval which have included new toilets, additional landscaping and shade structures, with the
most recent change approved 15 March 2018.
The Noosa Village site has many existing signs. A recent audit of the site concluded that there is
124m2 of existing sign face area. Of that total, 56m2 of that sign face area is illuminated. The
current approval supported a total of 80m2 sign face area, with 34m2 of this area to be
illuminated.
2.2. Site Description
The site known as Noosa Village shopping complex was developed in the 1990’s and is located
between Mary Street and Gibson Road. The complex comprises a Woolworths supermarket and
numerous smaller tenancies, with associated car parking. In addition to on-site parking, the site
has an arrangement with the Villa Noosa/Dan Murphy’s site to utilise 31 of their car spaces. The
two sites are under the one ownership.
2.3. Surrounding Land Uses
The site is centrally located in the Noosaville Business Centre zone. Villa Noosa Hotel and Dan
Murphy’s adjoin the site to the west, while the Gibson Road retail shopping precinct is located to
the south-east of the site and residences to the south-west. Medical type uses are located to the
north of the site.
3. ASSESSMENT
Under the provisions of the Planning Act 2016 the applicant suspended its appeal period and
submitted representations to conditions of the approval. The Act requires Council to consider the
representations within 20 business days (unless the timeframe is extended) and give a new
decision notice (a negotiated decision notice) to all relevant parties, where the representations
are agreed with. The 20 day business day period has been extended by agreement to allow this
report to be considered by Council. The representations seek to amend Conditions 1, 2, 8 & 9 to
allow more signage and associated illumination on site than what was previously approved.
Representations to Conditions
Condition 1
1. This approval authorises the following signs as defined by the planning scheme and shown
on the Approved Plans:
a. Three freestanding pylon signs (advertising tenancies within centre), identified as S1,
S2 & S3 on the Signage Plan;
b. The 3 freestanding pylon signs must be of a standard 2 face design only and not ‘V’
shaped.
c. Two centre logo signs at the southern and western pedestrian entry points, identified
as S6 & S8 on the Signage Plan;
d. One entry sign (Gibson Road entry), identified as S10 on the approved plans;
e. Upgrade to 1 wall tenancy sign for Woolworths and BWS (identified as S5 on the
Signage Plan), but have a sign face area of no greater than 10m2 and be no more
than 300mm thick;
f. Provide for a greater surface feature paint area on the western wall to ‘break up’ or
articulate the façade;
g. Signage shown as S11, S12 & S13 on the approved plans. Any replacement of
existing signage must not be any greater in size than what currently exists.
Page 48 of 86
Section 49
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Condition 2
This condition lists the currently approved plans which would require amendment to incorporate
new plans, if the proposal were to be supported.
Condition 8
8. A maximum of 1 wall sign is permitted which may be S5 or S9 on the Signage Plan.
Condition 9
9. The approved signs must not be illuminated in any way, with the exception of:
a. Two freestanding pylon signs located on the Gibson Road and the Mary Street entry
to the site, identified as S1 & S3 on the approved plan;
b. One Woolworths wall sign and one BWS sign.
Applicant’s Request
The applicant wishes to retain the existing Woolworths/Reject Shop illuminated sign which is
located on the southern wall of the centre, by amending conditions 1 & 8 to allow for 2 tenancy
wall signs, as opposed to only 1 which is currently approved. The applicant proposes an
additional point for condition 1 as follows:
1. This approval authorises the following signs as defined by the planning scheme and shown
on the Approved Plans:
h. Retain existing Woolworths and Reject Shop illuminated sign identified as S9 on the
Signage Plan.
And amend Condition 8 as follows:
8. A maximum of 2 wall signs are permitted which may be S5 and S9 on the Signage Plan.
The applicant seeks each of the pylon signs (identified as S01, S02 & S03 on Figure 1 -
proposed changes to signage) to be illuminated. Currently condition 9 does not support the
illumination of S02. The applicant also proposes that the Woolworths sign and Reject Shop sign
on the southern wall) to remain and be illuminated (identified as S09 on Figure 1 - proposed
changes to signage.
The applicant proposes the following changes to condition 9:
9. The approved signs must not be illuminated in any way, with the exception of:
a. Two Three freestanding pylon signs located on the Gibson Road and the Mary Street
entry to the site, identified as S1, S2 & S3 on the approved plan;
b. One Woolworths wall sign and one BWS sign identified as S5 on the approved
plan;
c. One Woolworths wall sign and one Reject Shop sign identified as S9 on the
approved plan.
Assessment of changes to Conditions
The applicant considers these requests reasonable ‘having regard to (a) the size of the site and
shopping centre, (b) the longstanding tenure of existing signage having been on the site for over
a decade without complaint and (c) the signage rights inherent in existing commercial leases.’
The Noosa Village site has many existing signs. A recent audit of the site concluded that there is
124m2 of existing sign face area. Of that total, 56m2 of sign face area is illuminated. Until this
recent approval, none of these signs were approved and had existed for a number of years.
Page 49 of 86
Section 50
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
The existing approval supports 80m2 of sign face area, acknowledging the applicant’s proposal to
upgrade the centre and declutter and consolidate signage. That assessment concluded the
following:
Given some existing signage will be removed and updated signage will be consolidated,
this will result in less visual clutter;
The site is large with 2 road frontages and some signage is partly screened by vegetation
when viewed externally;
The proposed signage (as recommended) is compatible and is designed and integrated
into the built form;
The proposed signage (as recommended) does not adversely impact (or detract) on the
amenity of the area;
The recommended signage contributes to the overall ‘refresh’ of the centre.
It is acknowledged that the site is large and the signs have been on site for some time. However,
it is considered that the approved signage is appropriate for a site of this size and consistent with
The Noosa Plan provisions for advertising devices. Further additional signage and illumination to
provide directional information for residents and visitors to the site is not considered warranted
and will impact on the amenity and character of the area.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Other Referrals
Not applicable
4.3. Public Notification
Not applicable.
5. CONCLUSION & REASONS FOR DECISION
The site has 80m2 of approved sign face area which significantly exceeds the allowable 10m 2 per
site allowed under the Noosa Plan. Acknowledgement of the size of the site was considered in
the original assessment and it was determined that the currently approved signage is appropriate
for its use, size and location. Allowing additional sign face area and additional illumination than
what is currently approved is not appropriate.
For these reasons, the applicant’s request is not supported.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 50 of 86
Section 51
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
6 MCU17/0546 - REPRESENTATIONS TO CONDITIONS - DEVELOPMENT PERMIT FOR
MATERIAL CHANGE OF USE - HOME BASED BUSINESS - TYPE 3 SIGNIFICANT
SCALE SITUATED AT 54 BORONIA ROAD, COOTHARABA
DOCUMENT INFORM AT ION
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development Department
Index ECM/ Application/ MCU16/0144
Attachments Nil
APPLICATION DETAILS
Applicant All Star Metal Fabrications
Proposal Material Change of Use - Home Based Business - Type 3
Significant Scale
Properly Made Date 8 November 2017
PROPERTY DETAILS
Property Address 54 Boronia Rd Cootharaba Qld 4565
RP Description Lot 13 SP 116696
Land Area 39860 m²
Existing Use of Land Dwellings and Steel Fabrication business
STATUTORY DETAILS
SEQRP Designation Rural Living Area
Locality Boreen Point, Kin and Cootharaba
Zone Rural
Overlays Biodiversity Overlay – Environmental Protection
Natural Resources – Agricultural Protection Area
Natural Hazards – Bushfire (Potential Impact Buffer) and Low
Potential Acid Sulfate Soils
Assessment Type Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 July 2018 regarding representations to Application No.
MCU17/0546 for a Material Change of Use - Home Based Business - Type 3 Significant Scale
situated at 54 Boronia Rd, Cootharaba and:
A. Agree to delete Condition 20; and
B. Amend Condition 21 as follows:
21. The compressor must not be audible:
a. before 8.00am and after 5.00pm Monday to Friday, before 8.00am and after
1pm on Saturdays, and
b. on Sunday and Public Holidays.
Page 51 of 86
Section 52
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
REPORT
1. PROPOSAL
The applicant seeks representations on a development approval for a Material Change of Use -
Home Based Business - Type 3 Significant Scale.
The application is before Council as the Development Permit was originally determined by
Council.
2. SITE DETAILS
2.1. Background
The applicant has applied for a retrospective approval for a Home Based Business - Type 3
Significant Scale. Allstar Fabrications is a steel fabrication business that currently operates from
an existing shed on the property with a gross floor area of 360m2.
The business, Allstar Fabrications have been operating from this site, within an existing shed for
5 years. Council received a complaint with regard to noise associated with business operations
and from motor bikes riding on the property in September 2017. The complaint expressed
concern about dirt mounds being created on the property to facilitate motor bike riding. Other
noise issues identified in that complaint were ‘clanging and banging’, the revving of cars, loud
music and the driving of race cars and motorbikes up and down Boronia Road. The letter
received had multiple signatories. These issues were also raised during the public notification
process.
The applicant subsequently submitted an application for the business use in response to the
compliance action. A qualified acoustic consultant provided a report that addressed noise
associated with business operations and the impacts on the amenity with regard to the
neighbours.
On 17 May 2018, Council approved a Material Change of Use to establish a Home Based
Business - Type 3 Significant Scale with reasonable and relevant conditions.
2.2. Site Description
The site is just under 4 hectares in size and is one of the two properties near the end of Boronia
Road, with parkland beyond. Boronia Road is sealed and ends as a cul-de-sac beyond this site.
The site is relatively flat with a small drainage channel extending along the eastern boundary.
The northern part of the site is densely treed and the remaining portion of the land is mostly
cleared. Some established vegetation occurs throughout the site. Two dams exist on the
southern part of the site.
2.3. Surrounding Land Uses
There is a mix of rural residential type lots and rural land holdings within the general area. The
subject property and surrounding properties were approved for subdivision of what is considered
typically rural residential size lots in 1999. Land use in this area is typically rural residential
lifestyle lots and environmental park areas. There is some land under cultivation observed on
larger lots on Junction Road.
The site adjoins a 55 hectare reserve which is north of the subject site.
3. ASSESSMENT
Under the provisions of the Planning Act 2016 the applicant suspended its appeal period and
submitted representations to conditions of the approval. The Act requires Council to consider the
representations within 20 business days (unless timeframe is extended) and give a new decision
notice (a negotiated decision notice) to all relevant parties, where the representations are agreed
with. The applicant has agreed to extend the timeframe to allow Council to consider this report.
The representations primarily seek to delete Condition 20 with regard to the enclosure of the
cutting equipment (acoustic requirements) and amend Condition 21 to allow the use of the
compressor during business operating hours.
Page 52 of 86
Section 53
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Representations to Conditions
Condition 20
20. All cutting equipment must be kept at the northern end of the building and have a (floor to
ceiling) wall separation from the construction area of the building.
Applicant’s Request
The applicant seeks deletion of condition 20 as the condition is considered to be an
unreasonable imposition on the use and is not reasonably required as detailed below:
The noise report submitted as part of the application clearly detailed that the operations on
site are less than the ambient noise levels at the eastern boundary (closest boundary) and
western boundary and comply with the requirements of the Noosa Plan;
The noise report details that as the operations comply with noise criteria at the closest
boundaries that no further noise control measures are required (provided a shipping
container remains in place);
The noise report confirms that the new equipment installed is much quieter than the
existing equipment and will reduce any potential noise impact;
Councils planning report of 8th May 2018 confirms that the Noise report is satisfactory as
detailed by the extract below:
‘Council’s Environmental Health Coordinator reviewed the original and the updated noise
report and conducted a site inspection during business operations. It was agreed that the
noise report is satisfactory in its assessment and recommendations.’
Hours of operation have been imposed with reduced operating hours accepted by the
applicant;
There does not appear to be any technical reason for the imposition of the condition as
evidenced by the submitted noise report and Council staff comments;
The requirement for a wall will unreasonably restrict the operation of the business. The business
constructs custom built trailers and requires an area that can cope with the 9 to 10 metre lengths
of steel required as the maximum length of the trailer chassis is 9 metres which is required to be
a continuous length for structural reasons. A separate cutting room would require significant
additional floor area to cater for the manoeuvring of the cut lengths to the assembly area which is
not feasible in the current building. The photograph below illustrates the length of materials and
the metal cutting saw.
Page 53 of 86
Section 54
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Assessment
Condition 20 requires the walling of the cutting area, given complaints received were due to
noise. Council’s Environmental Health Co-ordinator recommended this condition as a
precautionary measure only. It was initially thought this condition was reasonable, however it was
not known at the time that the average length of steel and the logistics of implementing this. It is
accepted that the acoustic report indicated no noise impacts on the neighbouring residential
properties with regard to operations. The points provided by applicant’s consultant are
acknowledged and it is agreed that this requirement is impractical. It is therefore agreed to delete
Condition 20.
Condition 21
21. The compressor must not be audible:
a. before 8.00am and after 5.00pm Monday to Friday; and
b. on Saturday, Sunday and Public Holidays.
Applicant’s Request
The condition of approval permits the home based business to operate on Saturday however it
does not permit the use of the compressor on this day. The compressor is an integral part of the
business as many of the tools require the compressor in order for the equipment to function and
the restriction would not enable the business to function on a Saturday. It is noted that the noise
report included the running of the compressor in the noise analysis and no separate conditions
were detailed for the compressors use. The applicant therefore requests that the condition be
modified to permit the use of the compressor on Saturday from 8 am to 1pm.
Assessment
The applicant advises that the compressor is necessary for all operations and equipment
associated with the business. At the time of the original assessment, this information was not
known. This condition was applied as a precautionary approach, given the use had attracted
noise complaints. The need for the compressor is acknowledged and given the noise
assessment did not detail the usage of the compressor or recommend modifications, it seems at
odds with the operating hours which are reflected in existing Condition 4, that states:
The approved use must not operate outside the hours of 7.30am- 5.00pm Monday to Friday and
8.00am to 1.00pm on Saturdays. The use must not operate on public holidays.
Council’s Environmental Health Co-ordinator agrees that this condition ideally should accord with
the operation hours associated with the business. Therefore the applicant’s request to change
this condition is supported.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Other Referrals
The application was forwarded to the following internal Council officers:
Co-ordinator, Environmental Health
5. CONCLUSION & REASONS FOR DECISION
The proposed changes do not notably increase impacts from what is currently conditioned for the
approved use. An acoustic report supports the proposed changes and the existing conditions
address potential amenity impacts on nearby residents.
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Section 55
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
X Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 55 of 86
Section 56
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
7 ENVIRONMENT LEVY POLICY - AMENDMENTS
DOCUMENT INFORM AT ION
Author Principal Environment Officer, Peter Milne
Environment and Sustainable Development Department
Index ECM/ Subject/ Environment Levy
Attachments 1. Revised Environment Levy Policy 2018 (with changes shown in
revision mode)
2. Revised Environment Levy Policy 2018 (accepted changes version)
EXECUTIVE SUMMARY
This report recommends Council adopt an updated Environment Levy policy to guide the use and
application of the Environment Levy Special Charge.
RECOMMENDATION
That Council note the report by the Principal Environment Officer to the Planning & Environment
Committee Meeting dated 10 July 2018 and repeal the current Environment Levy Policy and
adopt the revised Environment Levy Policy provided as Attachment 2 to the report.
REPORT
The Environment Levy was first introduced by Council in 1995 with a primary purpose of
purchasing and protecting environmentally significant land. Since its introduction the purpose of
the Environment Levy has been broadened to support the funding of:
The Voluntary Conservation Agreement (VCA) program to encourage conservation on
private lands;
Operational maintenance costs for land purchased with the Environment Levy; and
Management and administrative arrangements for the Noosa Biosphere Reserve and
funding of environmental projects and grants administered by the Noosa Biosphere
Reserve Foundation.
Under the Local Government Regulation 2012, Council is required to prepare and adopt a
Revenue Statement each financial year as part of it budget development. The purpose of this
report is to update the Environment Levy Policy to reflect proposed changes in the 2018/19
Revenue Statement which is to be considered by Council at a Special Meeting on 6 July 2018.
The main changes to the Environment Levy Policy are in regard to the following:
Funding for Noosa Biosphere Reserve Trust
At its Ordinary Meeting of 21 June 2018, Council adopted a new funding Deed of Agreement with
the Noosa Biosphere Reserve Foundation. Consistent with the Deed of Agreement, the
Environment Levy Policy has been amended to reflect the revised funding arrangements for the
Noosa Biosphere Reserve Foundation management and administration and funding for projects
that are directed towards protecting and advancing the natural environment.
Funding for Environmental Grants
The Environment Levy Policy now has a provision for an Environmental Grants program. Grants
will be for environmental initiatives, capacity building and projects that are in keeping with
purpose of the Levy.
Separate grant guidelines will be developed as part of the Environment Strategy currently
underway to provide further guidance and to outline the assessment criteria and process for the
environment grants.
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Draft Conservation Land Plan
The Draft Conservation Land Plan provides the strategic direction for the Environment Levy Land
Acquisition Program and the Voluntary Conservation Agreement Program. Landholders with
environmentally significant land may be interested in selling their land to Council or becoming
part of the Voluntary Conservation Agreement Program. The Draft Conservation Land Plan
provides the eligibility criteria for prioritising land for conservation purposes.
The amended Environment Levy Policy makes reference to the new Conservation Land Plan as
a key document to assist Council prioritisation and decision making.
Draft Private Landholder Conservation Partnerships Guideline
Council has developed a Draft Private Landholder Conservation Partnerships Guideline to help
guide and implement the Voluntary Conservation Agreement (VCA) program and Land for
Wildlife (LfW) Program. The guideline includes:
A framework for delivery of the VCA and LfW programs
Eligibility criteria
Levels of support and incentives available for private landholders
Administrative and legal requirements
The amended Environment Levy Policy makes reference to the new guideline.
Environment Levy Working Group (ELWG)
With changes to Council’s organisational structure and staffing it is proposed to include the
Manager Environmental Services (replaces Natural Areas Operations Coordinator) and
Community Partnerships Officer on the Environment Levy Working Group. In addition, it is
recommended that following positions remain on the ELWG:
Principal Environment Officer (Environment Services)
Senior Environment Officer (Planning)
Property Advisor (Corporate Services)
Principal Strategic Planner (Land Use)
Coordinator Financial Services ( as required)
One Councillor appointed by Council
These changes are supported by the current ELWG.
Previous Council Consideration
Ordinary Meeting Minutes,16 June 2016, Item 4, Page 5
That Council note the report by the Manager Planning and Environment to the Planning &
Environment Committee Meeting dated 7 June 2016 and adopt the amended Environment Levy
Policy as set out in Attachment 1 to the report.
Ordinary Meeting Minutes, 15 January 2015, Item 6, Page 18
That Council note the report by the Principal Environment Officer to the General Committee
Meeting dated 12 January 2015 and
A. Adopt the Noosa Environment Levy Policy as set out in Attachment 1;
B. Endorse the development of an Environment Levy Guideline to guide the implementation of
the Environment Levy Policy;
C. Endorse the development of Strategic Biodiversity Corridor maps to assist with the
implementation of the Environmental Levy; and
D. Endorse the formation of an Environment Levy Working Group consisting of the Council
staff identified in the report minus the Coordinator Financial Services but including
Councillor Wellington.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Finance
The Environment Levy is a special charge of $60.00 levied annually against all rateable
properties. This equates to approximately $1.8m/year for environmental projects/programs that
are in keeping with the intent of the Environment Levy Policy. The apportionment of Levy funds
across environmental programs of land acquisition, Voluntary Conservation Agreements and
Environmental Grants is considered as part of Council’s annual budget review process. Any
unspent funds are placed in reserve for future investment in Environment Levy programs.
Risks & Opportunities
The primary purpose of the Environment Levy continues to be for the strategic acquisition of
environmentally significant land. Council has successfully acquired a number of significant
parcels via the Environment Levy, the most recent being;
49ha of land (70% funded from the Environment Levy) known as Johns Landing adjacent
to the Noosa River, and
106ha known as Cooloothin Creek also adjacent to the Noosa River
Both these land parcels are currently being processed for Nature Refuge dedication.
The most recent Environment Levy purchase is for the buy-out of timber license areas in the
Yurol-Ringtail State Forest. 750ha of land will require remediation with a total of 2400ha to be
transferred into National Park.
With land prices continuing to rise there is a risk that directing some of the levy funding towards
other programs (e.g. major projects) may limit the ability to have sufficient fund in any given year
to purchase priority land parcels. Council may need to accumulate funds over more than one
year for major strategic acquisitions.
There is an opportunity to significantly leverage private land conservation initiatives through other
conservation programs like the Land for Wildlife Program. This would require only nominal
financial support.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
On 11 June 2018 the Environment Levy Working Group reviewed the proposed changes to the
Environment Levy Policy. The ELWG was supportive of the changes however recommended that
the Land for Wildlife Program, along with the Voluntary Conservation Agreement Program, be
also funded from the Levy for broad landholder incentives such as workshops, open days, nest
boxes and free trees given the significant conservation outcomes being achieved by this program
on private land.
Departments/Sections Consulted:
Chief Executive Officer Community Services x Corporate Services
Executive Officer Director x Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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Section 59
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
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ATTACHMENT 1
| | @ NOOSA Council Policy(tracked changes)
mm Keone ENVIRONMENT LEVY POLICY
Corporate Plan Reference: Leeking—atter_communityassetsOur_ environment _is
protected, enhanced and valued by the community
| Endorsed by Council: 46June2046 19July 2018
Policy Author: Director Planning—é&CafrastructureEnvironment_and
Sustainable Development
POLICY PURPOSE
The purpose of the Environment Levy (“the Levy”) is to raise funds to conserve and/or improve
ecosystem health and biodiversity in the Noosa Shire_and to support initiatives in partnership with
the community that protect, enhance and increase the resilience of Noosa’s natural environment.
This policy outlines the environmental and administrative principles that will provide direction for the
allocation of Environment Levy funds by Council.
The head of power for the Levy comes from Section 94 of the Local Government Act 2009 that gives
Council the ability to impose a separate charge on all rateable land in the shire. In doing so, Council
can only use funds raised via a separate charge for the specific purpose identified in the revenue
statement adopted each year as part of Council’s annual budget process.
In that context, this policy provides guidance and further details about how the Council will manage
the Levy and its implementation.
Key aims of the Levy are to:
e Protect environmentally significant land through acquisition;
eo
Support the_private_landholder_ Voluntary Conservations Agreement_ Private Landholder
Conservation Partnership Program VoluntaryConservation Agreement program—where such
involvement adds to the protection/enhancement of biodiversity in the Noosa Shire and/or
| promotes or enhances biodiversity and wildlife habitats and corridors; and
e—Allow for the provision of funding through Environmental Grants program tethe- Noosa Biesphere
Reserve_Trust-_so_that Neosa Biosphere Reserve Foundaton_Ltd_may_initiatives that_build
community capacity +wdertake projects thatand are in keeping with the purpose of the Levy.
POLICY SCOPE
This policy applies to all programs, activities or incentives that are directly or indirectly funded or
supported, wholly or partly, by the Levy.
Council will review the amount of the Levy each year as part of the preparation of the annual budget
and adoption of the annual revenue statement.
POLICY STATEMENT
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COUNCIL POLICY — ENVIRONMENT LEVY POLICY.
The allocation of Levy revenue will be limited to the following three-priman-couteut categories:
1. A isiti f Envi tally Significant Land
The acquisition of environmentally significant land (or an interest in the land) shall be part of a wider
strategy for landscape protection and preservation/enhancement of biodiversity in the Noosa Shire.
One or more of the following approaches may result in land purchases:
e _ Landholders contacting Council with an offer to sell;
e Council contacting owners of high priority parcels of land with offers to purchase;
| e Purchasing land that’s already for sale on the open market;_and
e Seeking expressions of interest from owners interested in selling their land.
Determining which properties might be purchased shall be achieved by -compiling-aguided by a
Conservation Land Plan-Preferred Acquisition-List which identifies significance properties of interest
and _ criteria by which they will be assessed. Council_has will established an Environment Levy
Working Group _(ELWG) to develop and review the plan, undertake assessment of properties for
purchase and provide recommendations to Council on the purchase for environmental purposes. Hist
: iderati £ the followi iorities:
Biodi ity Attrib
attributes that warrant high-level protection. } } =
Regional & RE) Att
5 .
Corndors-
A tats
. ; iol :
Species P .
or Near ‘Threatened under the Cuesdeland Wature Conservation Act 1902 andthe. Nature
HireatLevet
fancHuse-
Value for Money
Thetand represents good value for money
Envi sath habilitati fal
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| COUNCIL POLICY - ENVIRONMENT LEVY POLICY
2. Support for Voluntary Conservation Agreements
The Voluntary Conservation Agreement (VCA) program is a high level protective mechanism that
supports private landholders wishing to conserve their property’s environmental values in perpetuity
by registering a covenant/Nature Refuge on title over some or all of the property.
A conservation covenant is athe legal mechanism used to permanently protect the _a portion of the
property covered by the VCA. It is registered under the Queensland Land Title Act 1994.
Conservation covenants place conditions on the title that run with the land and are binding on future
owners._A Nature Refuge offers a higher level of protection under the Nature Conservations Act
1992 and is also registered on title. The State assesses eligibility for Nature Refuges for high value
environmentally significant land.
The Voluntary Conservation Agreement allows for Council to provide financial incentives/support to
private landowners in return for statutory protection over all or part of their land Fhreughts-suppert
for /CAs_Counctmay cheese ie wer ih tandasiders to _oreteci hiecwersii: beyond the confines
of Sstate and Council owned land.hus-partnershins may be- generated between tandholders-and
Council may provide incentives to VCA
landholders for environmental works as per an agreed Environment Management Plan. —ardéer
Similar to the Acquisition of Environmentally Significant Land program, potential VCA properties will
be assessed on their biodiversity attributes, regional ecosystem attributes, connectivity,
consolidation, species protection, and rehabilitation opportunities. VCAs that are proposed for land
that is identified in Councils Conservation Land Plan on—Council'sPreferred Acquisition List will
receive the highest priority. -VCAs that contribute to Strategic Biodiversity Corridors will also be
considered favourably.
Where land acquisition may not be an option for a particular parcel of land, the VCA program may
be a suitable alternative for the landholder.
Council witthas established an Environment Levy Working Group_(ELWG) to consider, review and
determine make—annual recommendations to-Council regarding—new and ongoing support for
individual Voluntary Conservation Agreements._A Private Landholder Conservation Partnerships
Program Guideline will help guide the delivery of the VCA program.
3. Environmental Grants program Contributions to the Noosa Biosphere Reserve Trus
Council may make provision of funding via an Environmental Grants Program administered by
Council. Grants will be for initiatives, capacity building and projects that are in keeping with the
purpose of the Levy.
enviroament =
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COUNCIL POLICY - ENVIRONMENT LEVY POLICY
The Levy amount to be allocated to an Environment Grants program sentibuted tothe Noosa
Biosphere Reserve-Trustwill be determined by Council as part of the annual budget process.
It is expected that projects and initiatives awarded grant funding appreved by NeesaBiesphere
Reserve-Foundation-Lid thatutiise Levy contributions—will be for projects that conserve and/or
improve biodiversity in the Noosa Shire_and/or improve ecosystem values, catchment management
and _ health of wetland and waterways —and/or towards protecting and advancing the natural
environment. All initiatives funded via Environment Grants whichwill have tangible and measurable
outcomes.
4. Noosa Biosphere Reserve Trust__.
-Council may choose to allocate a proportion of the Levy funds to the Noosa Biosphere Reserve
Trust _to support the management_and_ administrative arrangements and fund projects that_are
directed towards protecting and advancing the natural environment.
USE OF REVENUE
e The apportionment of Environment Levy funds across the four programs of Acquisition of
Environmentally Significant Land, Support for Voluntary Conservation Agreements—and
Gontributions_te-Neosa_BiespheretrustAgreements, Environmental Grants and support for
Noosa Biosphere Reserve Foundation and Trust -will be subject to Council’s annual budget
review and program priorities.
| forexpenditure- as general revenue.
e The Levy can be used for leveraging grants and partnership opportunities from the state and
| federal governaments—and cthergovernments, other agencies_and trusts, provided there is no
impediment to achieving the agreed outcomes of Levy funding.
e Financial management of Levy revenue must be in accordance with relevant legislation and
Council policies.
FUNDING PRINCIPLES
Management of EL funds shall be subject to the following principles.
1. Acquisition of Environmentally Significant Land
a) Funds can be expended on acquisition of environmentally significant lands (or an interest in
the land). These funds can be used for:
(i) | Assessment of land under consideration for purchase through the Levy.
(ii) | The purchase costs of acquiring parcels of land including any associated consultancy,
legal fees, transfer fees and background assessments.
(iii) | Engaging third parties to act on Council’s behalf in the negotiation and acquisition of
priority properties.
(iv) The immediate establishment costs associated with acquired parcels of land including
but not limited to management planning, fencing, weed management and fire
management.
(v) Recurrent land management operational costs associated with management of land
(including an interest in land) acquired through the Environment Levy in accordance with
an approved management plan for that land.
b) | Council may seek to maximise opportunities for purchasing lands utilising external funding
where appropriate.
c) |The Levy revenue may not be used to acquire land for parks where the primary purpose is
recreation.
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| COUNCIL POLICY - ENVIRONMENT LEVY POLICY
d) Any acquisition and disposal of land will be carried out in accordance with the Local
Government Act 2009.
e) _ Initiatives able to be undertaken after the land is acquired with Levy funds include but are not
limited to:
(i) | The excision and sale of portions of acquired land that are deemed unsuitable for the
purpose of the Levy and the considered future use will not adversely impact upon the
identified values of the balance area.
(ii) | On-selling an acquired site to a purchaser who undertakes a statutory covenant (or other
statutory mechanism) that is registered on the land title (in accordance with the Land
Title Act 1994) and expressly protects and manages the conservation values of the
property.
(iii) | The agistment, hiring, leasing, renting or selling any part, portion or product derived from
acquired land including any built structures and any agricultural or natural resources
generated within, on or under the property provided that these activities do not conflict
with the ecological and waterway protection and management of the property and is
consistent with other principles contained in this Policy.
f) Recurrent land management operational costs related to Council owned land should not be
funded from the Levy, apart from land acquired with the Environment Levy.
2. Funding for Voluntary Conservation Agreements
e a) Funds can be expended on costs associated with the set-up of Voluntary Conservation
Agreements:
o placement of a covenant/Nature Refuge over all or part of a property, including
surveying and administration/legal costs; and
o__The development and implementation of an Environmental Management Plan (EMP).
a}—_Gosts—of surveying the covenant
b) Funds may be expended on payments to landholders or qualified contractors for the
implementation of the Environmental Management Plan or other purposes outlined in a Voluntary
Conservation Agreement.
A Private Landholder Conservation Partnerships Program Guideline will guide the type and quantity
of financial support available.
3. i i Environmental Grants Program
Levy funds may be allocated for an Environment Grants program administered and disseminated by
Council. to Noosa Biosphere Reserve Trust for dissemination by Noosa Biosphere Reserve
Foundation Ltd in accordance with the purposes of the Trust Deed.
Eunding allocated for the purpose of environment grants will be for collaborative community based
projects, capacity building and initiatives that advance the purpose of the Levy.
The amount of money allocated from the Levy to Neesa-Biesphere-Reserve-trusian Environment
Grant Program will be determined during annual budget deliberations.
4. Noosa Biosphere Reserve Trust
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COUNCIL POLICY - ENVIRONMENT LEVY POLICY
A proportion of the Levy -funds via may be allocated to the Noosa Biosphere Reserve Trust to support
the management and administrative arrangements and fund projects that are directed towards
protecting and advancing the natural environment.
The Funding Deed between Noosa Council and the NBRF will guide the parameters under which
Council may consider this funding.
; isd ination.
ENVIRONMENT LEVY GUIDELINES
Specific provisions for implementing Acquisition of Environmentally Significant Land and Support for
Voluntary Conservation Agreements will be detailed in a Conservation Land Plan and a Private
Landholder Conservations Partnership Program Guideline. the EnvironmentlevyGuidelines-
With regard to Acquisition of Environmentally Significant Land, the Conservation Land Plan
Guidelines-will include details about identification of Strategic- high biodiverse value parcels, mapped
b-Biodiversity Gcorridors, and preferred tenure for conservation purposes. identification-ofatrisk
With regard to Support for Voluntary Conservation Agreements, the Guidelines will include eligibility
criteria, minimum and maximum financial incentives based on the size and suitability of the land
under covenant/Nature Refuge, components of the Environmental Management Plan including fire
management planning, and processes for developing a VCA with a landholder.
With regard to an Environmental Grants Program grant guidelines will be developed specifying grant
eligibility, process and assessment criteria.
ENVIRONMENT LEVY WORKING GROUP
The Environment Levy Working Group will make recommendations to Council on the spending of
Environment Levy funds. The Committee will consist of:
| Manager Environmental Services
Principal Environment Officer
Senior Environment Officer (Planning)
Natural Areas-Operations Coordinator
Goordinater Property Adviser and Land Management
Principal Strategic Planner (Land Use)
Community Partnerships Officer
Coordinator Financial Services (as required)
| One Councillor appointed by Council
DEFINITIONS
“Biodiversity” refers to the variety of all life forms - all the different plants, animals and micro-
organisms, and the ecosystems of which they are a part.
“Core Protected Areas” are large biodiverse areas that consist collectively of public land already
under conservation protection such as National Park, Bushland Reserves and Nature Refuges.
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“Environment” refers to the use of the word to describe the natural (not man-made) environment of
the region and includes the natural ecological systems of air, water, soil and associated species of
flora and fauna.
“Environment Levy” ” refers to a Levy raised by Noosa Council (in accordance with section 94 of
the Queensland Local Government Act 2009), on all rateable properties within its jurisdiction, in order
to meet the objectives in this policy.
“Regional Ecosystem” refers to distinct vegetation communities associated with specific landforms
and soil types as identified by the Queensland Herbarium.
| populations.
“Noosa Biosphere Reserve Trust" refers to the entity governed by the Noosa Biosphere Reserve
Trust deed, with Noosa Biosphere Reserve Foundation Ltd as its sole Trustee.
“Noosa Biosphere Reserve Foundation Ltd" refers to the company limited by guarantee governed
by the Constitution of Noosa Biosphere Reserve Foundation Ltd.
“Strategic Biodiversity Corridors” are broad tracts of vegetated, cleared and partly cleared land,
extending across the Noosa landscape that can help consolidate or connect core habitat, and can
occur across private and/or public land.
FURTHERINFORMATION REGARDING VOLUNTARY CONSERVATION AGREEMENTS
Soe
staic-_and federal governmenis
RELATED POLICIES AND LEGISLATION
e Local Government Act 2009.
e _ Existing Biodiversity Strategies-and Pest Management Plans-Conservation Land Plan 2018.
e Noosa Private Landholder Conservation Partnerships Program Guideline 2018.
e Biodiversity Overlay and associated provisions-The Noosa Plan planning scheme for Noosa
Shire
e Qld Environmental Offsets Policy 2014
e Vegetation Management Act 1999
e __Nature Conservation Act 1992
oo
Land Act 1994
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COUNCIL POLICY - ENVIRONMENT LEVY POLICY.
| 29/06/2018
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ATTACHMENT 2
ling » | NOOSA Council Policy
© | COUNCIL ENVIRONMENT LEVY POLICY
Corporate Plan Reference: Our environment is protected, enhanced and valued by the
community
Endorsed by Council: 19 July 2018
Policy Author: Director Environment and Sustainable Development
POLICY PURPOSE
The purpose of the Environment Levy (“the Levy”) is to raise funds to conserve and/or improve
ecosystem health and biodiversity in the Noosa Shire and to support initiatives in partnership with
the community that protect, enhance and increase the resilience of Noosa’s natural environment.
This policy outlines the environmental and administrative principles that will provide direction for the
allocation of Environment Levy funds by Council.
The head of power for the Levy comes from Section 94 of the Local Government Act 2009 that gives
Council the ability to impose a separate charge on all rateable land in the shire. In doing so, Council
can only use funds raised via a separate charge for the specific purpose identified in the revenue
statement adopted each year as part of Council’s annual budget process.
In that context, this policy provides guidance and further details about how the Council will manage
the Levy and its implementation.
Key aims of the Levy are to:
e Protect environmentally significant land through acquisition;
° Support the private landholder Voluntary Conservations Agreement Private Landholder
Conservation Partnership Program where’ such_ involvement adds_ to the
protection/enhancement of biodiversity in the Noosa Shire and/or promotes or enhances
biodiversity and wildlife habitats and corridors; and
° Allow for the provision of funding through Environmental Grants program initiatives that build
community capacity and are in keeping with the purpose of the Levy.
POLICY SCOPE
This policy applies to all programs, activities or incentives that are directly or indirectly funded or
supported, wholly or partly, by the Levy.
Council will review the amount of the Levy each year as part of the preparation of the annual budget
and adoption of the annual revenue statement.
POLICY STATEMENT
The allocation of Levy revenue will be limited to the following categories:
1. Acquisition of Environmentally Significant Land
The acquisition of environmentally significant land (or an interest in the land) shall be part of a wider
strategy for landscape protection and preservation/enhancement of biodiversity in the Noosa Shire.
One or more of the following approaches may result in land purchases:
° Landholders contacting Council with an offer to sell;
° Council contacting owners of high priority parcels of land with offers to purchase;
e Purchasing land that’s already for sale on the open market; and
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COUNCIL POLICY - ENVIRONMENT LEVY
e Seeking expressions of interest from owners interested in selling their land.
Determining which properties might be purchased shall be guided by a Conservation Land Plan
which identifies significant properties of interest and criteria by which they will be assessed. Council
has established an Environment Levy Working Group (ELWG) to develop and review the plan,
undertake assessment of properties for purchase and provide recommendations to Council on the
purchase for environmental purposes.
2. Support for Voluntary Conservation Agreements
The Voluntary Conservation Agreement (VCA) program is a high level protective mechanism that
supports private landholders wishing to conserve their property’s environmental values in perpetuity
by registering a covenant/Nature Refuge on title over some or all of the property.
A conservation covenant is a legal mechanism used to permanently protect a portion of the property
covered by the VCA. It is registered under the Queensland Land Title Act 1994. Conservation
covenants place conditions on the title that run with the land:and are binding on future owners. A
Nature Refuge offers a higher level of protection under the Nature Conservations Act 1992 and is
also registered on title. The State assesses eligibility for Nature Refuges for high value
environmentally significant land.
The Voluntary Conservation Agreement allows for Council to provide financial incentives/support to
private landowners in return for statutory protection over all or part of theinland beyond the confines
of State and Council owned land. Council may provide incentives to.VCA landholders for
environmental works as per an agreed Environment Management Plan.
Similar to the Acquisition of Environmentally Significant Land program, potential VCA properties will
be assessed on their biodiversity attributes, regional ecosystem attributes, connectivity,
consolidation, species protection, and rehabilitation opportunities. VCAs that are proposed for land
that is identified in Councils Conservation, Land Plan will receive the highest priority. VCAs that
contribute to Strategic Biodiversity Corridors will also be.considered favourably.
Where land acquisition may not be an option for a particular parcel of land, the VCA program may
be a suitable alternative for the landholder.
Council has established an. Environment Levy Working Group (ELWG) to consider, review and
determine new and ongoing support for.individual Voluntary Conservation Agreements. A Private
Landholder Conservation Partnerships Program Guideline will help guide the delivery of the VCA
program.
3. Environmental Grants Program
Council may make provision of.funding via an Environmental Grants Program administered by
Council. Grants will be for initiatives, capacity building and projects that are in keeping with the
purpose of the Levy.
The Levy amount to be allocated to an Environment Grants program will be determined by Council
as part of the annual budget process.
It is expected that projects and initiatives awarded grant funding will be for projects that conserve
and/or improve biodiversity in the Noosa Shire and/or improve ecosystem values, catchment
management and health of wetland and waterways and/or towards protecting and advancing the
natural environment. All initiatives funded via Environment Grants will have tangible and measurable
outcomes.
4. Noosa Biosphere Reserve Trust
Council may choose to allocate a proportion of the Levy funds to the Noosa Biosphere Reserve Trust
to support the management and administrative arrangements and fund projects that are directed
towards protecting and advancing the natural environment.
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Page 69 of 86
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
COUNCIL POLICY - ENVIRONMENT LEVY
USE OF REVENUE
e The apportionment of Environment Levy funds across the four programs of Acquisition of
Environmentally Significant Land, Support for Voluntary Conservation Agreements,
Environmental Grants and support for Noosa Biosphere Reserve Foundation and Trust will be
subject to Council’s annual budget review and program priorities.
e The Levy can be used for leveraging grants and partnership opportunities from the state and
federal governments, other agencies and trusts, provided there is no impediment to achieving
the agreed outcomes of Levy funding.
e Financial management of Levy revenue must be in accordance with relevant legislation and
Council policies.
FUNDING PRINCIPLES
Management of EL funds shall be subject to the following principles.
1. Acquisition of Environmentally Significant Land
a) | Funds can be expended on acquisition of environmentally significant lands (or an interest in
the land). These funds can be used for:
(i) | Assessment of land under consideration for purchase through the Levy.
(ii) |The purchase costs of acquiring parcels, of land including any associated consultancy,
legal fees, transfer fees and background assessments.
(iii) Engaging third parties toyact.on Council's behalf in the negotiation and acquisition of
priority properties.
(iv) The immediate establishment costs associated with acquired parcels of land including
but not limited to management planning, fencing; weed management and fire
management.
(v) Recurrent. land management operational costs associated with management of land
(including an interest in land) acquired through the Environment Levy in accordance with
an approved management plan for that land.
b) Council may seek to maximise Opportunities for purchasing lands utilising external funding
where appropriate.
c) The Levy revenue may not be)used to acquire land for parks where the primary purpose is
recreation.
d) Any acquisition and disposal of land will be carried out in accordance with the Local
GovernmentAct 2009.
e) Initiatives able to be undertaken after the land is acquired with Levy funds include but are not
limited to:
(i) | The excision and sale of portions of acquired land that are deemed unsuitable for the
purpose of the Levy and the considered future use will not adversely impact upon the
identified values of the balance area.
(ii) | On-selling an acquired site to a purchaser who undertakes a statutory covenant (or other
statutory mechanism) that is registered on the land title (in accordance with the Land
Title Act 1994) and expressly protects and manages the conservation values of the
property.
(iii) | The agistment, hiring, leasing, renting or selling any part, portion or product derived from
acquired land including any built structures and any agricultural or natural resources
generated within, on or under the property provided that these activities do not conflict
with the ecological and waterway protection and management of the property and is
consistent with other principles contained in this Policy.
f) Recurrent land management operational costs related to Council owned land should not be
funded from the Levy, apart from land acquired with the Environment Levy.
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COUNCIL POLICY - ENVIRONMENT LEVY
2. Eunding for Voluntary Conservation Agreements
a) Funds can be expended on costs associated with the set-up of Voluntary Conservation
Agreements:
(i) | placement of a covenant/Nature Refuge over all or part of a property, including surveying
and administration/legal costs; and
(ii) | The development and implementation of an Environmental Management Plan (EMP).
b) Funds may be expended on payments to landholders or qualified contractors for the
implementation of the Environmental Management Plan or other purposes outlined in a
Voluntary Conservation Agreement.
A Private Landholder Conservation Partnerships Program Guideline will guide the type and quantity
of financial support available.
3. Environmental Grants Program
Levy funds may be allocated for an Environment Grants program administered and disseminated by
Council.
Funding allocated for the purpose of environment grants will be foricollaborative community based
projects, capacity building and initiatives that advance the purpose of the Levy.
The amount of money allocated from the Levy to an Environment Grant Program will be determined
during annual budget deliberations.
4. Noosa Biosphere Reserve Trust
A proportion of the Levy funds via may bevallocated to the Noosa Biosphere Reserve Trust to support
the management and administrative arrangements and fund projects that are directed towards
protecting and advancing the natural environment:
The Funding Deed between Noosa Council and the NBRF will guide the parameters under which
Council may consider this funding.
ENVIRONMENT LEVY GUIDELINES
Specific provisions for implementing Acquisition of Environmentally Significant Land and Support for
Voluntary Conservation.Agreements will be detailed in a Conservation Land Plan and a Private
Landholder Conservations Partnership Program Guideline.
With regard to Acquisition of Environmentally Significant Land, the Conservation Land Plan will
include details about identification of high biodiverse value parcels, mapped biodiversity corridors,
and preferred tenure for conservation purposes.
With regard to Support. for Voluntary Conservation Agreements, the Guidelines will include eligibility
criteria, minimum and maximum financial incentives based on the size and suitability of the land
under covenant/Nature Refuge, components of the Environmental Management Plan including fire
management planning, and processes for developing a VCA with a landholder.
With regard to an Environmental Grants Program grant guidelines will be developed specifying grant
eligibility, process and assessment criteria.
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COUNCIL POLICY - ENVIRONMENT LEVY
ENVIRONMENT LEVY WORKING GROUP
The Environment Levy Working Group will make recommendations to Council on the spending of
Environment Levy funds. The Committee will consist of:
Manager Environmental Services
Principal Environment Officer
Senior Environment Officer (Planning)
Property Adviser
Principal Strategic Planner (Land Use)
Community Partnerships Officer
Coordinator Financial Services (as required)
One Councillor appointed by Council
DEFINITIONS
“Biodiversity” refers to the variety of all life forms - all:the different plants, animals and micro-
organisms, and the ecosystems of which they are a part.
“Core Protected Areas” are large biodiverse areas that consist collectively of public land already
under conservation protection such as National Park, Bushland Reserves and Nature Refuges.
“Environment” refers to the use of the word to describe the natural (not man-made) environment of
the region and includes the natural ecological systems of air, water, soil and associated species of
flora and fauna.
“Environment Levy’ refers to a Levy raised by Noosa Council (in accordance with section 94 of the
Queensland Local Government Act 2009), on all rateable properties within its jurisdiction, in order to
meet the objectives in this policy.
“Regional Ecosystem” refers.to distinct vegetation communities associated with specific landforms
and soil types as identified by the Queensland Herbarium.
“Noosa Biosphere Reserve Trust" refers to theentity governed by the Noosa Biosphere Reserve
Trust deed, with Noosa Biosphere Reserve Foundation Ltd as its sole Trustee.
“Noosa Biosphere Reserve Foundation Ltd" refers to the company limited by guarantee governed
by the Constitution of Noosa Biosphere Reserve Foundation Ltd.
“Biodiversity Corridors” are broad tracts of vegetated, cleared and partly cleared land, extending
across the Noosa landscape that can help consolidate or connect core habitat, and can occur across
private and/or public land.
RELATED POLICIES AND LEGISLATION
° Local Government Act 2009.
° Conservation Land Plan 2018.
° Noosa Private Landholder Conservation Partnerships Program Guideline 2018.
° Biodiversity Overlay and associated provisions-The Noosa Plan planning scheme for Noosa
Shire
° Qld Environmental Offsets Policy 2014
e Vegetation Management Act 1999
° Nature Conservation Act 1992
e Land Act 1994
Version Reason/ Trigger Change (Y/N) Endorsed/ Reviewed by Date
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8 DRAFT NOOSA RIVER PLAN FOR COMMUNITY CONSULTATION
DOCUMENT INFORM AT ION
Author Environment Officer (Rivers and Coast), Jan Maddin
Environment and Sustainable Development Department
Index ECM/ Waterways Management (Noosa River)
Attachments 1. Draft Noosa River Plan (Note: 68pg attachment provided separately to this report)
2. Community Engagement and Communications Plan
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Environment Officer (Rivers and Coast) to the Planning &
Environment Committee Meeting dated 10 July 2018 and endorse the Draft Noosa River Plan (as
provided at Attachment 1 to the report) for community consultation with the wider community, key
stakeholders and with relevant State Government agencies.
REPORT
Council endorsed a review and update of the Noosa River Plan (2004) under a whole-of-
catchment management framework in January 2017 to progress recommendations of the Noosa
River Community Jury and address a number of key pressures affecting the river system.
A Draft Plan has now been developed in consultation with internal and targeted external
stakeholders and is ready to be released for wider input via public consultation.
This new plan builds on the good work already undertaken around Noosa River catchment
management. It is an action-orientated document incorporating a whole of catchment approach
to management of land-based and on-river activities, encompassing Noosa freshwater creeks,
wetlands, lakes, river, coastal creeks and groundwater.
Its purpose is to protect the ecosystem health of the entire river system and support the
recreation, fisheries and cultural values of the catchment.
A key focus of the plan is to progress transition of agreed management responsibilities for
anchoring, mooring and living on the river from the State to Council. Other important areas of
focus in the Noosa Estuary include the Noosa River Marine Zones, boating speed limits, marine
infrastructure, commercial use of the river, sustainable fisheries, migratory shorebird habitat
protection and Hincksia alga blooms in Laguna Bay.
There will be new costs involved with an increased local focus on management of the river. A
stronger local focus on the river will, however, lead to better management and environmental
outcomes in the longer term.
Implementation of the plan will be the responsibility of Noosa Council working with community
stakeholders and the relevant government agencies. A five (5) year timeframe is set for
implementation with annual tracking of the Action Plan.
The plan is a draft document. It is recommended to release it for public consultation to inform,
test and build ownership and understanding in the community about the plan’s actions and their
implications.
Community input is vital to help Council set the priorities for implementation. Through the public
consultation process, views will be specifically sought about the community priorities for
implementation, and if there are other actions to consider for inclusion in the plan.
Refer Community Engagement and Communications Plan attached.
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Previous Council Consideration
In 2014, Noosa Council publicly declared interest in taking on responsibility for the management
of anchoring, mooring, living on the river and commercial jetty leases. Discussions with the
relevant State agencies investigated how these activities could be managed at a local level as
opposed to the current state-wide approach.
In 2015, a 24-member Community Jury of local residents and ratepayers was established to
provide recommendations on the topics:
How can we manage the Noosa River better?
What role should Council play and what resources should Council apply?
The scope of the jury included anchoring, mooring, and living on the river, commercial use of the
river and commercial jerry leases occupying the Noosaville Foreshore.
Ordinary Meeting Minutes, 14 January 2016, Item 1, Page 3
That Council note the report by the Manager, Planning & Environment to the General Committee
Meeting dated 11 January 2016 regarding the Noosa River Community Jury Final Report, and
A. Thank the Community Jury members for participating in the Community Jury Process, for
their dedication and time attending meetings, researching material and finalising their
Report and Recommendations to Council;
B. Note the Jury recommendation that Noosa Council should take on the responsibility of
managing anchoring, mooring, commercial uses and jetty leases for the Noosa River and
agree to progress the matter with the State Government;
C. Write to the Department of Transport and Main Roads and Department of Natural
Resources advising them of the Jury’s recommendation for Noosa Council to manage on-
river and foreshore activities, seeking their support to establish an acceptable process for
both parties to transfer agreed management responsibilities for the Noosa River to Council;
and
D. Agree to utilise both the 12 additional Jury recommendations and the supporting
explanations in the development of a comprehensive River Management Strategy and the
associated discussions with State Government agencies.
Ordinary Meeting Minutes, 19 January 2017, Item 9, Page 22
That Council note the report by the Environment Officer (Rivers and Coast) to the General
Committee Meeting dated 16 January 2017 and agree to the proposal to review and update the
Noosa River Plan under a whole-of-catchment management framework as generally outlined in
the report with staff to undertake stakeholder analysis to determine the appropriate way forward
in terms of community engagement.
Finance
The development of the Draft River Plan is occurring within existing budgets; however, the Action
Plan within the Draft Plan identifies a series of actions which will require resourcing and budget
for implementation. This will need to be considered further post community engagement and
finalisation of the Plan.
One of the key issues to be explored during community engagement will be to seek community
feedback on their priorities for implementation in the Draft Plan and what is considered to be the
most important issues, this will assist Council in prioritising implementation actions and to inform
future budget considerations.
Risks & Opportunities
If Council does not receive State approval to take on the management responsibilities for
anchoring, mooring and living on the river, Council (as mooring manager) will not have the ability
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to set fees for mooring in the river. Council (as manager of anchoring and living on board) would
also not have the ability to consider establishing fees for living on the river and anchoring in the
river. In addition, the State has already advised Council cannot be authorised under the Land Act
to take on management of the commercial jetty leases. This includes the associated lease
revenue.
Both these instances if they don’t eventuate negate the opportunity to recover costs for the
establishment of a new service in Council i.e. the establishment of a dedicated River
Management Unit to coordinate and implement the River Plan.
Regardless of the transfer of the management responsibilities for anchoring, mooring and living
on the river, the River Management Unit will require resources to establish an ongoing, regular
presence with authority on-river.
The proposed responsibilities of the Unit include conducting education and compliance activities
of the Noosa River Marine Zones and Exclusion Zone for migratory shorebird habitat protection;
as well as investigations into sewage and other contaminants released from vessels, and
unauthorised uses of public foreshores and boat ramps, and be a first-response to complaints
and emerging issues such as illegal camping on islands, dumping of rubbish and unauthorised
structures in declared fish habitat areas and on public foreshores.
In addition, the Unit will pursue legislative changes to prohibit long term unattended anchoring in
the river to reduce the number of vessels being abandoned and legislative changes to further
restrict speed limits in the lower estuary.
The annual cost associated with the River Management Unit is averaged at $172,200 /pa. The
cost of implementing all actions in the Draft River Plan (including the River Management Unit) is
currently estimated at $2,235M / 5 years.
Without transfer of State management responsibilities, this cost may result in an impact on
general rates and potentially the Environment, Tourism and Heritage Levies. These funding
mechanisms could potentially provide investment in river plan coordination, programs and
projects if alternative revenue sources cannot cover all costs.
There are a number of opportunities for alternative funding opportunities involving collaboration
and partnerships, many existing initiatives have resulted in a number of partner projects already
underway which are highlighted in the Draft River Plan.
These include the Bring Back the Fish and Keep it in Kin Kin partner projects which incorporate
financial and in-kind investments by local groups, philanthropic organisations, Council and in
some instances also leverage opportunistic State and/or Federal grants.
Consultation
External Consultation - Community & Stakeholder
Targeted external stakeholder consultation outlined in Table 1 of the Community Engagement
Plan attached has been undertaken over the past 12 months and has informed the development
of the Draft River Plan.
The attached Community Engagement Plan further outlines proposed consultation during the
public exhibition period of one month.
Internal Consultation
All relevant areas of Council have been consulted and involved in the development of the Draft
River Plan.
Internal stakeholder consultation is further outlined in detail in Table 1 of the Community
Engagement Plan attached.
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Departments/Sections Consulted:
x Chief Executive Officer x Community Services x Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
x Executive Services x Environment & Sustainable Development x Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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ATTACHMENT 2
Community Engagement and Communications Plan <>
Project Name New draft Noosa River Plan (2018) - planning and consultation
Date 25/05/18
Department Environment & Sustainable Branch Environment Services
Development
Jan Maddin (Environment Officer — Rivers & Coast)
Target start date Jan 2017 Target finish date Oct -Nov 2018
Project Description
A new Noosa River Plan (draft) has been developed in consultation with internal and targeted external stakeholders. It is to
be released for broader input from the community and relevant State Government agencies, via public consultation.
This new plan covers the whole Noosa River catchment. It focuses on both land-based and on-river activities which affect
water quality, aquatic life and the ecosystem health of the catchment’s freshwater creeks and wetlands, lakes and estuary,
coastal creeks and groundwater. It incorporates actions identified for carry over from the previous river plan, the Noosa
River Community Jury recommendations, new actions and emerging issues, and a fully costed Action Plan. It proposes
implementation over a 5 year period and annual tracking of the Action Plan.
A key focus of the plan is to progress transition of agreed management responsibilities for anchoring, mooring and living on
the river from the State to Council. Other areas of management focus include the Noosa River Marine Zones, boating
speed limits, marine infrastructure, commercial use of the river, sustainable fisheries, migratory shorebird habitat
protection and Hincksia algal blooms in Laguna Bay. On a broader catchment scale, focus is on management of polluted
runoff from rural and urban areas and climate change.
The plan also references significant investment in research and studies undertaken in partnership with various groups since
2014 (supported by Council via the Environment Levy, General Revenue and the Community Project Grants Program), and
the associated partner projects underway.
Implementation of the plan will be the responsibility of Noosa Council working with community stakeholders and the
relevant government agencies. Fundamentally the new plan calls for Council to drive management of the Noosa River as an
important natural asset, and protect the environmental, recreational, cultural, tourism and fisheries values of the
catchment for future generations.
Design - Project background
Council endorsed a review and update of the previous Noosa River Plan in January 2017 to address key pressures affecting
the river system and progress recommendations made by the Noosa River Community Jury.
The last river plan (2004) was developed and implemented by Council in collaboration with the relevant State Government
agencies and overseen by a committee of community and industry stakeholders. This plan was largely Noosa Estuary
focussed and delivered the Noosa River Marine Zones and a seasonal reduction in boating speed limits during peak holiday
periods.
However due to several factors, including changes in State Government priorities, a number of important actions of historic
and ongoing concern to Council and the local community were left incomplete. These included abandoned and derelict
vessels in the river, living on the river and compliance with waterways regulations, boating clutter and congestion and
commercial use of the river.
In 2014 Council declared interest in taking on the management responsibilities for anchoring, mooring, living on the river
and commercial use of the river, and committed to a process to seek agreement from the State to transfer these
responsibilities to Council.
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A Noosa River Community Jury was also established in 2015 to examine how the Noosa River could be better managed and
what role should Council play and what resources should Council apply. Following deliberations the majority of the Jury
supported Council’s intent to seek authority from the State Government for managing anchoring, mooring, living on the
river and commercial use of the river on the basis it would be a user pays system, funded through alternative means to
rates. The Jury provided recommendations to Council to progress river management, the first of which included the review,
update and implementation of the Noosa River Plan in a new framework with formal status to ensure it has authority.
Design - Understand context & scope project
The new draft river plan is considered a ‘signature’ project by Council and will generate broad and ongoing community
interest in its development and implementation. There are 5 phases to this project—
e Phase 1 Develop a new draft river plan in consultation with internal and targeted external stakeholders (refer Table
1 below) — completed.
e Phase 2 Graphic design draft plan and seek endorsement via Council report to release plan for broader public
consultation. ... we are here!
e Phase 3 Public consultation, collate, review, and incorporate public feedback into a final draft.
e Phase 4 Workshop final draft plan with Councillors.
e Phase 5 Seek endorsement via Council report to implement the new Noosa River Plan.
Refer timeline below.
Phase 1 Develop draft
tae eT
Paar ers tele a AEEDE Urecrele qaalle aanenn
Peer Rat consultation activities ES) Gor to
Renee and collate, review and Council seek
7 incorporate public endorsement to
Jan 2017 - May bite) le MORI LiG implement new
2018 Jul — Aug 2018 eter RN mae)
May - Jul 2018 Aug - Sep 2018
Phase 2 Graphic design Phase 4 Workshop
of draft plan final plan with
Report to Council ee
endorsement to
release draft for public
consultation
Design - Project Aims
Phase 1 seeks to inform, test and build ownership and understanding of the draft plan’s proposed actions, and implications
with the target audience (outlined in Table 1 below). Input on plan’s content, format, design, resource, costings and
communication methods for broader public consultation sought. Phase 1 involved—
e Areview and update of previous river plan in a new framework.
e Workshops (x3) with Councillors.
e Adequate and appropriate engagement with internal stakeholders.
e Presentation of draft including Action Plan costings to the Executive Team.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Targeted external consultation included meetings/presentations with key community groups. It incorporated—
e An overview of the river planning process and draft plan’s proposed focus.
e Consultation underway and feedback from groups.
e Timelines for future community input.
Phase 1 also involved development of a promotional video of the river plan for broader public consultation.
Table 1. Internal and targeted external stakeholder consultation on new river plan.
SE Ss
oe btecora Manager nn” |NORSMDEN A E ion
Council 3 x workshops with Councillors, CEO, Noosa and District Landcare Presentation,
Community Phil Amson, Jonathon Marshall, Fox Noosa Integrated Catchment Presentation,
Services Billingham, , Bryan O’Connor, Ed mer
Infrastructure Daniel Wishaw, Craig Smit, Carl Friends of Kinaba Presentation,
Group) ee
Hamill, Mitch Turner, Mark Lewis, Noosa Ratepayers and Residents | Presentation,
Geoff Atherfold, Scott Macreadie (via | Association discussion x 2
Stormwater Management Working
frre [Pewee mereecsten[isesion
Property Denis, Clint Noosa Parks Association Presentation,
fica [ Statenengerornosa [season |
Environmental Geoff Atherfold Sandy Bolton MP Independent Presentation,
Building and Allan Hazel Noosa Biosphere Reserve Presentation,
ot ieee |
NRM group (via Councillor Discussion,
Stockwell) workshop
framing [enakabitabrepesmtattes,— [season |
Strategic Rebecca Britton, Grant Hinner Ecological Service Professionals Presentation,
jigemet [oe [evetanasvonshoh |
Community Deb Bambrook, Adriane Seaborn DES Walking the Landscape Presentation
Environment Whole Team — Environment Services, Queensland Boating and Presentation,
Areas Control, Zero Emissions Noosa
Maritime Safety Queensland Overview,
po Underway
[Kabikabi |
[TourismNoosa |
Phase 2 aims to inform, test and build ownership and understanding of the draft plan’s proposed actions and implications
with the broader community and relevant State agencies through the release of the draft plan for public consultation
purposes. The feedback sought through this process will assist council set priorities for implementation of actions and
asks—
e What are the communities ‘priority actions’ for implementation?
e Are there other actions to consider for inclusion in the plan?
Phases 3-5 aim to incorporate feedback provided in Phase 2, workshop this information with Councillors and develop the
final River Plan for implementation. There will be new costs involved with an increased local focus on management of the
river, especially with the transfer of management of some State responsibilities to Noosa Council. A stronger local focus on
the river will however lead to better management and environmental outcomes in the longer term.
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Design
Figure 1. Stakeholder Groups — Levels of Impact and Interest
This diagram helps when developing an understanding of which groups and individuals require most communicating with
and engaging with to have a successful project. Where there may be a lower level of interest, but the impact of Councils
decisions will be high, creative thinking will be required to ensure that these groups or individuals are reached during the
consultation.
High
|
Low
impact
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Low Interest High Interest
oo ss>sg—w—wéwén05Tt THIS
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Date Phase Ne 18, Target audience Tool/method used Action officer/s Status
Jan 1 INTERNAL & TARGETED | Refer Table 1 above. Meetings, workshops, presentations | Environment officer Completed
2017-Jun EXTERNAL CONSULTATION and discussions. (Rivers and Coast)
2018 Develop draft plan incorporating Manager Environment
comments/feedback from internal and Services
targeted external stakeholders. Director Environment
Inform, test, build ownership and and Sustainable
understanding re proposed actions and Development
implications.
Jul -Aug 2 BROAD CONSULTATION Refer stakeholder group Media releases. Environment officer Not yet
2018 Release draft river plan for input by | Figure 1 above. Release draft plan for 1 month. (Rivers and Coast) commence
broader public and relevant State e YSN -seek comments, Community d
Government agencies. Inform, test etc. suggestions and submissions. Engagement Manager
e Website — home page play river | Communications
For Noosa community specifically seek plan video. Officer
comment on— ¢ Social Media (fb, Instagram,
twitter) — bi weekly posts of
Q1. What are your ‘priority actions’ for river photos proposed
implementation? management focus and actions.
Q2. Are there other actions to consider e Pop ups (Libraries x3 / Foyers
for inclusion in the plan? x2) — develop River Plan
Summary Brochure for
Identify what actions can / cannot be handouts -
done without State Govt support - include management focus,
(include legislative amendments re objectives and actions.
anchoring & mooring, speed limit e Letter to State Govt Minister
review, marine zone compliance, and Sand Bolton Member for
presence on-river to undertake Noosa
education re anchoring/mooring e Emails to selected
regulations, regulatory activities re : ;
unauthorised structures in FHA, NNS viekehelders (oo. Healthy Land
exclusion zone compliance _ for and Water. Commercial
migratory shorebirds include other Boatman’s Assoc, DES) and
Council uses for boat e.g. canal High Interest/Low Impact
revetment wall inspections). stakeholders (e.g. Kabi Kabi).
oaity coaings i.e. overall cost or olan presentation diseuasion.
e
implementation approximately : :
$2.32M/5yrs; identify costings without Oana Noosa Convncnal
State support. Boatman, Noosa Coastguard,
. . Noosa Yacht and Rowing Club.
Messaging to include reference to
costings e.g. ‘There will be new costs
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
involved with an increased local focus
on management of the river, especially
with the transfer of management of
some State responsibilities to Noosa
Council. A stronger local focus on the
river will however, lead to better
management and _— environmental
outcomes in the longer term. Much of
this can only be done effectively
through a_ partnership approach,
involving local residents, community
groups, traditional owners, businesses
and the relevant government
agencies. ‘
Aug -Oct 3 Review feedback provided in Phase 2. | Environment Services Analyse and collate information. Environment officer Not yet
2018 (Rivers and Coast) commence
Manager Environment | d
Services
Advise Council of feedback received | Council Workshop Environment officer Not yet
and develop the final draft River Plan. Update plan via graphic design . (Rivers and Coast) commence
Manager Environment | d
Services
Director Environment
and Sustainable
Development
Oct-Nov 5 Seek endorsement of final Noosa } Council Report to Council. Environment officer Not yet
2018 River Plan for implementation. (Rivers and Coast) commence
Manager Environment | d
Services
Director Environment
and Sustainable
Development
Page 82 of 86Section 83
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
REPORTS FOR NOTING BY THE COMMITTEE
9 DEVELOPMENT ASSESSMENT FEES & CHARGES VARIATIONS FOR 1 OCTOBER
2017 TO 31 MARCH 2018
OCUMENT INFORM AT ION
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development Department
Index ECM/ Subject / Fees & Charges
Attachments Nil
EXECUTIVE SUMMARY
Nil
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 10 July 2018 regarding the waiver or partial waiver of
development application charges for 1 October 2017 to 31 March 2018 as detailed in the report.
REPORT
As part of Council’s budget each year, Council adopts its Fees and Charges for the financial
year, including its regulatory and commercial charges for lodgement of development applications.
The fees and charges policy for development applications cover a number of policy provisions
including delegation to the Director Environment & Sustainable Development to “partially or
wholly waive a development fee where strict application of the scheduled fee is obviously
unreasonable for the type of application being received.”
This report identifies proposed applications where a fee variation has been granted for the last 6
months. Between 1 October 2017 and 31 March 2018 there were 6 proposed applications where
a partial waiver or full waiver of the development application fees was granted, with 1 request for
a fee variation refused. Two fees for flood searches were also waived during this time in respect
to the houses burnt down in a fire on the Noosa North Shore. The tables below set out a
summary of each application and the reason for the fee waiver.
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
CER17/3282 65 Noosa River Flood Search $247 $0
Drive Noosa
North Shore
The applicant requested a fee variation for the flood search due to the recent fire on the Noosa North
Shore where the above property was totally destroyed. The flood search was required to determine the
minimum floor level requirements for a new dwelling to be constructed on the property.
Page 83 of 86
Section 84
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
CER17/3293 63 Noosa River Flood Search $247 $0
Drive Noosa
North Shore
The applicant requested a fee variation for the flood search due to the recent fire on the Noosa North
Shore where the above property was totally destroyed. The flood search was required to determine
the minimum floor level requirements for a new dwelling to be constructed on the property.
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
OPW15/0139 Darren & Maree Op Works associated $1904 $542
Knowles with MCU – Aquaculture
(MCU12/0041)
The applicant sought a fee variation for the Operational Works application associated with a
Development Permit for Material Change of Use for Aquaculture. The Operational Works application
was required for the construction of the ponds associated with the aquaculture use and required
minimal assessment, with the primary issues addressed through the material change of use
application. A reduced fee consistent with a Generally in Accordance request was accepted.
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
MCU18/0004 Jodie Williams Entertainment & $5214 $5214
Business Type 1
The applicant requested a reduction in fees due to the proposed function centre adjacent the existing
general store in Kin Kin only operating on weekends.
No fee variation was supported given the level and extent of assessment would not change due to
reduced operating times. Instead the applicant was encouraged to request a reduction in
Infrastructure Charges based on the reduced operating hours.
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
MCU18/0019 Project Urban Multiple Housing $7876 - 5 beds $35,409
Type 3 Retirement & +$4940 - 20 beds
Special Needs
+$10790 - 65 beds
$23606 x 3
= $70,818
The applicant requested a fee variation as they considered the fee excessive given the Housing
Needs study had identified a need for aged care in Noosa, the site was reasonably located opposite
the hospital with access via the major road network. The applicant requested that the fee multiplier of
3 not be applied in this instance.
It is agreed that the proposal has some merit, though the assessment required will still be substantial
as the facilities presentation to the streetscape will be critical and may require input from an external
architect. There will also be significant amenity and traffic considerations. On this basis the base fee
should apply with a half (1.5) multiplier apply to ensure the fee covers Council’s likely assessment
costs.
Page 84 of 86
Section 85
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
No yet lodged 178 & 180 Operational Works – $2027 Base fee $2027
Cooroy Mountain Driveway Works
+ $1214 ($607 per
Rd Cooroy
lot)
= $3241
The applicant requests a fee reduction as the proposed operational work is for an access driveway for
a new lot and does not form part of an integrated application where there is a number of engineering
matters being assessed. On this basis the minimum Operational Works application fee should apply.
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
RAP18/0003 63 Noosa River Referral Agency $1924 $0
Drive Noosa Response – Detached
North Shore House over Height
The owner of the property is seeking to rebuild their house after it was burnt down in a recent fire. The
owner is seeking to rebuild the same dwelling which was over the maximum building height for the
area due to the design and minimum habitable floor levels. No development approval was issued for
the previous dwelling notwithstanding that it was built approximately 20 years ago and therefore a
development approval is now required for this house. In view of the circumstances it is considered a
full fee waiver is warranted for the dwelling.
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
RAP18/0005 65 Noosa River Referral Agency $1924 $0
Drive Noosa Response – Detached
North Shore House over Height
The owner of the property is seeking to rebuild their house after it was burnt down in a recent fire. The
owner is seeking to rebuild a similar dwelling which was over the maximum building height for the
area due to the design and minimum habitable floor levels. No development approval was issued for
the previous dwelling notwithstanding that it was built approximately 20 years ago and therefore a
development approval is now required for this house. In view of the circumstances it is considered a
full fee waiver is warranted.
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
OPW18/0028 8 Supplejack Operational Works – $1001 $463
Court Lake Driveway
Macdonald
The applicant has requested a reduction in application fees as the applicant believes the prescribed
fee is too onerous and would like the driveway fee be applied instead.
The site’s access is via an existing road reserve and given the topography is reasonably level and the
engineering assessment is not significant, it is recommended that the driveway fee of $463 be
applied.
Page 85 of 86
Section 86
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 JULY 2018
Previous Council Consideration
The fees and charges for development applications were considered by Council at the special
budget meeting in June 2017.
Finance
The agreed variations to the development application fees amounted to a total of $42,891 and
had no significant impact on the budget for 2017-18.
Risks & Opportunities
The fee variations are considered to be reasonable and are adequately justified.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Nil
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 86 of 86