Council Report MCU19 0054

mcu19/0054 – development application for material change of use for A mixed use commercial development situated at 2-18 & 20 hofmann drive, noosaville

Document information

Author	Development Planner, Glen Conforti
Environment and Sustainable Development

Index	ECM/ Application/ MCU19/0054

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	Noosa Spotlight Property 2 Pty Ltd
Proposal	Material Change of Use – for undefined uses
Properly Made Date	17 May 2019
Information Request Date	28 June 2019
Information Response Date	25 September 2019
Decision Due Date	13 January 2020
Number of Submissions	4

PROPERTY DETAILS
Property Address	2-18 and 20 Hofmann Dr Noosaville Qld 4566
RP Description	Lot 1 SP 222982 and Lot 4 SP 246584
Land Area	25,810m² and 9,952m² (Total 35,762m²)
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Shire Business Centre (Precincts E5, B3 , OS3 and OS6)
Overlays	Biodiversity Overlay – Environmental Protection and Environmental Enhancement Natural Hazards Overlay – Low Potential Acid Sulfate Soils
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting dated 13 January 2020 regarding Application No. MCU19/0054 for a Development Permit for Material Change of Use for undefined uses – Showroom, Office, Health Care Service, Indoor Sport and Recreation, Low Impact Industry and Food and Drink Outlet, situated at 2-18 and 20 Hofmann Drive Noosaville and
A.	Refuse the application for the following reasons:
The proposed development being predominantly retail, does not comply with the SEQ Regional Plan’s Elements, Strategies and Outcomes relating to Goal 2 – Prosper as it:
fosters retail employment rather than employment in the export oriented and high-value sectors;
is using land set aside for non-retail employment which inhibits the ability of Noosa Shire to meet employment planning baselines;
The proposal does not support the Economic Vision for the Shire to create a strong viable niche economy as the proposal introduces a small second shopping centre into the Noosa Business Centre limiting available land for growth in identified priority focus areas of wellness industries, knowledge-based businesses, education and service industries, heritage and creative arts industries.
The proposal, being predominantly retail, is contrary to the Desired Environmental Outcomes of the Noosa Plan as:
The extent of large format retail is not envisaged for the centre with a proportion of Noosa’s Shire’s higher order needs intended to be fulfilled by the Principal Regional activity Centre of Maroochydore; and
It will impact on the long term viability of the Noosa Business Centre, as the principal business, retail and administrative centre.
The proposed uses are clearly defined by The Noosa Plan and the applicant’s proposed use definitions are unnecessary, inappropriate and have the potential to cause confusion.
The proposed development is contrary to the Noosaville Locality Code as the proposed extent of retail is not planned and significantly exceeds the retail caps set by the Noosa Plan; and
will not support the growth of the Noosa Business Centre as being a multi-function employment node which provides for a wide range of business uses;
will not retain the development capacity within the centre in the longer term to take advantage of potential new employment opportunities.
The proposed built form, design and layout does not comply with the Noosaville Locality Code as:
the proposal has the characteristics of a standard retail commercial design without the architectural features unique to Noosa;
overall the built form is more suited to retail uses than to the other uses proposed such as low impact industry;
the applicant has not demonstrated that some buildings would be sufficiently screened from Council’s major road network;
building 4 exceeds the maximum building height for the area and has a reduced building setback from Hofmann Drive; and
pedestrian connectivity and access is poor.
The proposal does not meet the Landscaping Code as the car parking area is deficient in landscaping with unsatisfactory provision for shade trees.
The proposal is significantly deficient in car parking and does not comply with the Noosa Plan’s Driveways and Car parking Code.
The applicant has not satisfactorily demonstrated that the development will not adversely impact on the external traffic network contrary to the Noosaville Locality Code and the Transport, Roads and Drainage Code.
The applicant has not demonstrated that stormwater management can be successfully and appropriately integrated into the current development layout consistent with the Water Sensitive Design Code and the Transport, Roads and Drainage Code.
The proposal includes clearing of significant vegetation as part of the proposed measures for stormwater management contrary to the purpose of current environmental covenants registered over the site and the Noosaville Locality Code requirements for Precinct OS3.
The proposal does not comply with the draft Noosa Plan as:
the quantum of retail proposed is not envisaged on the site and does not advance or assist in preparing for a transitioning or changing economy;
the proposal is not contributing to the identified key priority sectors;
carparking is grossly deficient and the applicant has not demonstrated there will not be adverse effects on the surrounding traffic network;
the development does not reflect a good subtropical design and is not distinctively recognisable as being Noosa Style; and
the stormwater management of the site does not comply with the Water Quality and Drainage Code.
There is no significant need for the proposed retail and the proposal does little to advance the priority sectors envisaged by Noosa’s Local Economic Plan.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The proposal is for a commercial mixed use development with a gross floor area of 13,185m². The proposal seeks approval for a range of uses which have been prepared by the applicant including:
Shop;
Showroom;
Office health care service;
Indoor sport and recreation;
Bar;
Low impact industry; and
Food and drink outlet.
The applicant indicates any tenancy could be used for any of the proposed uses.
As a result of discussions with Council during the Decision Period, on the 22 November 2019 the applicant made a minor change to the application pursuant to the Planning Act 2016. The changes include:
The removal of the Shop, Hotel and Bar uses from the application;
Amendment to the definition of the Low Impact Industry;
Nominated uses for tenancies except for  tenancies 3 and 4 which are maintained with a range of uses; and
Reduced the number of tenancies by amalgamation of some tenancies.

Table 1 below lists the applicant’s uses and definitions. Track changes identify the amendments made as part of the submitted change to the application.
Table 1 – Proposed Uses and definitions
Proposed Use	Proposed Definition
Retail Showroom	premises not less than 300m² per tenancy used for the display and sale of large or bulky goods, or large stocks of similar goods or related goods
Shop	premises less than 300m2 per tenancy used for displaying, selling or hiring goods other than supermarket, department store or discount department store
Office	Premises, limited to buildings 1 and 4 used for: a) providing an administrative, financial, management or secretarial service or function; or b) the practice of a profession; or c) providing business or professional advice or services.
Health Care Services	premise used for medical purposes, paramedical purposes, alternative health therapies or general health care, if overnight accommodation and keeping of animals is not provided on premises.
Indoor Sport and Recreation	premises used for leisure, sport or recreation activity conducted wholly indoors.
Hotel	premises used for— a) selling liquor for consumption on the premises; and b) Located within a tenancy comprising a Low Impact Industry. A Hotel may also comprise a dining or entertainment activity, if the use is ancillary to the use in subparagraph (a).
Bar	Bar means the use of premises, with seating for 60 or less people, for — a) selling liquor for consumption on the premises; or b) an entertainment activity, or preparing and selling food and drink for consumption on the premises, if the use is ancillary to the use in paragraph (a).
Low Impact Industry	premises used for industrial activities that include the manufacturing, producing, processing, repairing, altering, recycling, storing, distributing, transferring, treating of products and have one or more of the following attributes: a) minimal impacts on sensitive land uses due to off-site emissions including aerosol, fume, particle, smoke, odour and noise; b) traffic generation at a rate no more than other uses in this definition; c) the use generally operates during the day (e.g. 7am to 7pm); d) off-site impacts from storage of dangerous goods are minimal; e) the use is primarily undertaken indoors. The use includes the sale of goods, resulting from such operations, provided that sales space does not exceed 20% of the use area. Any space dedicated for administration or accounting work in connection with such operations does not exceed 20% of the use area.
Food and Drink Outlet	Food and drink outlet premises, limited to building 2, used for: a) preparing and selling food and drink for consumption on or off the premises; or b) providing liquor for consumption on the premises, if the use is ancillary to the use in paragraph (a); c) Excluding premises which contains a drive-through.
Any tenancy/s may be used for one, or a combination of, the above uses. For example, a Low Impact Industry tenancy used for a brewery may include a Hotel or Bar use, or a Low Impact Industry making clothing may include a Shop use to enable the sale of clothing from the same tenancy.
Table 2 below provides the proposed use areas for the development and separately identifies tenancies 3 and 4 which accommodate a range of uses.
Table 2 – Proposed floor areas
Use	Use Area (approx.)
Office / Health Care Service / Indoor Sport and Recreation / Low Impact Industry (building 1 - T3 and T4)	1,280m²
Low Impact Industry ( building 1 - T5,6,7,8,9 and 10)	900m²
Food and Drink Outlet (building 2)	216m²
Showroom (building 3 - T1, 2, 11, 12, 13,14,15, 16 and 17)	7,845m²
Indoor sport and recreation (ground floor of building 4)	680m²
Office (upper 2 levels of building 4)	1,340m²
Total	12,261m²
The whole development is generally an L shape consisting of 4 individual buildings with the largest building (showrooms) located parallel with the northern boundary and the north-west corner of the site. Smaller tenancies in pavilion style buildings are located further south running parallel along the western boundary. A standalone small building is located within the car park area. A 3 storey office/mixed use building is proposed near the Hofmann Drive roundabout.
The proposed development layout is provided as Figures 1 and 1a below with the building and tenancy numbers identified.

Figure 1 – Development layout

Figure 1a – 3D perspective of the development layout
Building 1 is proposed to the southern end of the lot and proposes a building height of 7.2m and includes 3 larger tenancies between 500m² and 700m² being tenancies 3 & 4 and 6 smaller tenancies at 150m² being tenancies 5-10 (T. See Figures 2, 3 and 4 below.

Figure 2 – Southern end of Building 1

Figure 3 – Central portion of Building 1

Figure 4 – Northern part of Building 1
Building 2 breaks up the proposed car parking and is generally centrally located between the vegetation along Hofmann Drive and Building 1. Building 2 proposes a building height of 4.8m and includes 2 small tenancies, 98m² and 118m² and are proposed as food and drink outlets. See Figure 5 below.

Figure 5 – Building 2 – food and Drink Outlets
Building 3 is located along the north and western boundaries. This building comprises 2 larger tenancies of 1800m² and 2,760m² being tenancies 1 & 2, which bookend 4 smaller 500m² tenancies. A social meeting place and public facilities separate the largest tenancy located in the north east corner from 2 additional smaller tenancies of 325m² and 460m² along the western boundary. See Figures 6, 7 and 8 below for elevations.

Figure 6 – View to the western part of the building 3. The portion on the right is the largest tenancy’s frontage to the carpark.

Figure 7 – The central smaller 500m² tenancies and the larger 1800m² tenancy on the right of building 3.

Figure 8 – View from building 4 across the carpark through the pedestrian spine to the social meeting place as part of building 3.
Building 4 is located on the eastern side of the site near the Hofmann Drive roundabout and proposes a building height of 12m and 3 storeys comprising 680m² for the ground floor and level 1 and 660m² for level 2. The ground floor tenancy is proposed for Indoor Sport and Recreation and the 2 upper floors, offices. Figures 9 and 10 below show Building 4.

Figure 8 – View from Hofmann Drive of building 4 the office building.

Figure 9 – 3D perspective from the internal northern carpark of building 4.
Each of the 4 buildings have a slightly different architectural style which include covered walkways, timber (or timber look) and masonry finishes.
Three vehicle accesses are proposed including access for service vehicles from the cul de sac of Commerce Court (near the Salvation Army Family Store) and general public vehicle access from the Hofmann Drive roundabout and from near the southern boundary. The development proposes 347 car spaces (including 8 spaces for people with disability spaces and 1 taxi / public ride share space), 3 motor cycle spaces and 69 bike spaces.
A full suite of plans are provided as Attachment 1.
Supporting documents
The application material includes the following specialist reports and documents:
Town Planning Report prepared by Urbis;
Architectural Drawings prepared by Buchan;
Architectural Vision Package prepared by Buchan;
Integrated Water Management Plan prepared by Cardno;
Economic Impact Assessment prepared by Location IQ;
Landscape Design and Landscape Addendum prepared by Urbis;
Infrastructure Services Report prepared by Cardno;
Waste Management Plan, prepared by MRA Environmental;
Traffic Impact Assessment prepared by Cambray Consulting;
Ecological Report prepared by Gondwana Ecological Group; and
Preliminary Arboriculture Report prepared by Treescience.
site details
Background
Subject site
132007.1273 - On 22 December 2008 Council approved 7,633m² of ‘trade related’ showrooms and 5,256m² of offices. The development included 1 large 1,500m² tenancy with the balance of showrooms ranging in size between 400m² and 500m². Conditions of approval required the showrooms to be only ‘trade related’ to complement the neighbouring industrial area and provide an appropriate transition between uses. This approval has now lapsed.
MCU12/0051 - On 28 March 2013, Sunshine Coast Council refused a development application for material change of use for 9,822m² for an undefined use (Home Improvement store – Masters) and 1,737m² of showroom. The applicant subsequently appealed the decision and the Court on 15 July 2014 over turned Council’s decision and granted a development approval. Two applications to extend the relevant period were submitted but were withdrawn. This development approval has now lapsed.
Shire Business Centre - Retail Floor Area
Shire Business Centre
The Shire Business Centre involved the establishment of a discount department store-based shopping centre of approximately 23,900m2 gross floor area, along with 7,200m2 gross floor of retail showrooms, a service station and 4,925m2 gross floor area of commercial office space.
A development application for a major shopping centre expansion, was lodged with Noosa Council in 2007 and was ultimately assessed by Sunshine Coast Council. The proposal involved a 41,050m2 expansion to the existing shopping centre, comprising 35,850m2 of additional retail floor space and 5,200m2 of commercial office space. Council refused the proposal and the decision appealed (Planning & Environment Court appeal ref. 182/09). The case proceeded to trial but the appellant subsequently discontinued the appeal in May 2011.
On 24 September 2015 Council refused a shopping centre expansion comprising 32,525m² of floor area. The proposal included a second discount department store, a major supermarket, a subordinate supermarket and 50 plus specialty shops (approximately 22,230m² in retail floor space). An appeal was lodged on 23 October 2015 and was subsequently dismissed on 16 December 2016 by the Planning and Environment Court.
Site Description
The 2 sites adjoin Commerce Court and Hofmann Drive and are generally a rectangular shape. The development site is affected by 3 vegetation Covenants for visual amenity purposes, Covenant AA and Covenant Y along the northern boundary and Covenant AB to the south along Hofmann Drive. Refer to Figure 10b.
Easements for access and drainage also traverse the site which are generally redundant as these were created as part of the greater Shire Business Centre.
Much of the lot has been historically excavated to approximately 1m below the natural ground level other than to the north eastern portion of the lot where some fill exists. The land is generally commensurate with the existing road and footpath levels.
A vegetated drainage corridor runs initially along the northern boundary eastwards, then traverses the lot southward and finishes at the stormwater culvert near the Hofmann Drive roundabout.
The drainage corridor and the vegetation located to the north east corner (the majority of Lot 2, Precinct B3) of the site is characterised by regrowth vegetation consisting of canopy species of Eucalyptus robusta (Swamp Mahogany), Melaleuca quinquenervia (Paperbark) , Allocasuarina littoralis (She Oak), Lophostemon confertus (Brushbox). The vegetation is less than 20 years old in most parts and currently provides some visual screening of the development site.
Figure 10a below shows an aerial of the site and the surrounding area, Figure10b shows the covenants and Figure 11, the zoning.

Figure 10a – Aerial and surrounding area.

Figure 10b – Covenants AA and Y along the northern boundary and Covenant AB to the south of the site along the eastern boundary.

Figure 11- Blue refers to Shire business Centre zone, purple refers to Industry zone, pink refers to Semi-attached housing zone and green refers to Open space conservation zone.
Surrounding Land Uses
The Noosaville industrial estate is adjacent to the site to the west, with Hofmann Drive forming the site’s eastern frontage. Directly adjoining the site to the west in the industrial zone are 7 lots containing a broad range of uses which are listed below:
Salvation Army Family Store (Commerce Court)
General industrial uses
Landscape supplies
Kennards hire
Boral Concrete batching plant
Warehousing
Adjoining to the south, a medical centre is approved, and to the east the commercial office component of Noosa Civic. To the north, the site has frontage to Commerce Court with Eenie Creek Road slightly further north.
assessment
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.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland Regional Plan 2017 (SEQ Plan)
The Shire Business Centre (which the subject site is included within) is located within the Urban Footprint of the SEQ Plan. The SEQ Plan set outs 5 Goals for the SEQ Region being;
Goal 1 – Grow,
Goal 2 – Prosper,
Goal 3 – Connect,
Gaol 4 – Sustain and
Goal 5 – Live.
The Goals are the strategic outcomes sought to pursue the 50-year vision for the SEQ region.
The Noosa Business Centre is identified as being a Major Regional Activity Centre within the SEQ Plan’s Regional Activities Centres Network.
The proposed low impact industries, offices and health care uses are considered broadly consistent with the SEQ Plan’s Goals. However, the proposed large format retail raises conflicts with the Elements, Strategies and Outcomes relating to Goal 2 – Prosper.
Goal 2 sets out 8 elements and associated strategies to ensure SEQ flourishes in the global economy.
The Elements for Goal 2 seek the following:
High-performing outward-focused economy;
Regional Economic Clusters;
Regional activity centres network;
Knowledge and technology precincts;
Major enterprise and industrial areas;
Tourism;
Special uses; and
Rural prosperity
It is considered the most relevant strategies of the above Elements are:
Element 1 - High-performing outward-focused economy
SEQ responds to the transitioning economy by focusing on export-oriented and business-to-business transactions that drive productivity and growth, while continuing to enhance population serving activities that support growing communities.
Strategy 6 & 7
6. Support and facilitate progression towards more technologically and digitally-based work practices, including the rising influence of disruptive technologies to streamline transactions and improve business efficiency.
7. Plan for and deliver sufficient land and local infrastructure to accommodate, as a minimum, the employment planning baselines (Table 3 and Appendix A), including an adequate supply in the interim (Figure 10).
Element 3 – Regional activity centres network
The regional activity centres network adapts to the demands of a transitioning economy, serves the current and future economic and social needs of the community and business, and drives productivity, collaboration and economic growth.
Strategies 1 – 5
1 Accommodate major employment-generating activities in regional activity centres to support their role and function in the broader centres network and leverage existing economic assets and infrastructure (Maps 3, 3a, 3b and Tables 7 and 8).
2 Plan for an increased range and mix of complementary activity, including higher residential densities, in and adjoining those centres with direct access to high frequency public transport.
3 Ensure development in individual centres is consistent with the regional centres network (Table 8).
4 Encourage synergies between regional activity centres and other economic uses, including knowledge and technology precincts, and major enterprise and industrial areas.
5 Achieve a high-quality urban form that promotes a walkable urban environment within regional activity centres, to encourage interaction and collaboration.
Part C Chapter 3 of the SEQ Plan combines the Noosa Shire and the Sunshine Coast Council into a Northern sub-region and provides outcomes to align with the Elements and Strategies of the Goals. Noosa Shire, directly, does not feature greatly in the narrative, however, Goal 2, Outcome 9 is important and states:
9 Regional activity centres (such as the Noosa Business Centre), knowledge and technology precincts, and major industry and enterprise areas that are not part of RECs will be developed in line with the regional strategies.
Under the SEQ Plan, Maroochydore (Sunshine Coast CBD) is the higher order centre being a Principal Regional Centre of the Sunshine Coast. The Noosa Business Centre along with Caloundra, Caloundra South and Kawana are Major regional activity centres which are set aside as key support centres for the Sunshine Coast CBD.
The intent of a Principal regional centre (Maroochydore) is in part to ‘…serve as both creative and knowledge hubs while giving their workforce and resident catchments access to high-order retail and hospitality functions, and cultural and entertainment facilities’.
The intent of the Major regional centres is in part; ‘As well as their traditional service roles, growth and commercial development increasingly supports creative and knowledge-intensive businesses to meet the demands of a changing economy’.
The quantum of large format retail proposed is more suited to and intended for a Principal regional centre such as the Sunshine Coast CBD given the existing and planned retail for the Noosa Business centre.
Large format retail is not a high employment generating use and does little to prepare for a transitioning and changing economy. The proposal is therefore underutilising the land, and impacts on The Noosa Plan’s ability to deliver the State’s baseline employment targets.
The retail dominated proposal raises conflicts with the SEQ Plan’s Elements, Strategies and Outcomes relating to Goal 2 – Prosper. The proposal will do very little to advance the planning intent of this Goal as it is not providing a supportive function to the Principal regional centre and sterilises land intended to be set aside primarily for non-retail diversification and future unknown employment uses.
Planning Regulation 2017
Koala habitat area
The site is mapped as Low Value Rehabilitation under the SPRP mapping. The assessment benchmarks do not require clearing to be minimised or significant residual impacts to be offset. Clearing operations must be in accordance with Sch11 2(2)(a) to (e) of the Planning Regulations 2017. Any approval could be conditioned accordingly.
SEQ Region
The proposal is for an urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions are relevant to the development.
Strategic Provisions
The following strategies provide strategic context for the application.
Strategy 1.4.3 Economic Sector Vision to 2021
By 2021, there will be a strong viable niche economy:
a) protecting and enhancing Noosa Shire’s national image and market position (“Noosa Brand”);
b) with employment opportunities, business and industrial growth that complements environmental values; and
i.      a continued emphasis on tourism and hospitality as key economic drivers of the Noosa Shire economy;
ii.      better integration of existing sustainable industries;
iii.      growth strategies focussed on (in order of priority):-
wellness industries (including aged care and healthy lifestyle industries;
knowledge-based businesses (including home-based industries);
education and service industries;
heritage and creative arts industries; and clean, green, light and environmentally friendly sustainable industries and agriculture
Strategy 1.7.7 Commercial and Retail Development
a) Noosa Shire’s centre hierarchy is shown on Map SM.
b) With the exception of the emerging Shire Business Centre, additional commercial development is confined to existing business centres, neighbourhood centres, village centres and mixed-use areas in the visitor precincts of Hastings Street, Gympie Terrace and Sunshine Beach.
c) The scheme allows for a substantial Shire Business Centre off Eenie Creek Road, Noosaville.  This centre will be the business and employment focus of Noosa Shire and amongst industrial, commercial and community facilities will include a shopping centre anchored by a discount department store.
d) The existing business centres of Noosa Junction, Noosaville, Tewantin and Cooroy will include some commercial and retail infill within the Business Zone to service the surrounding population. Cooroy particularly has scope for expansion to cater for the rural hinterland and passing visitors.
Part 3 – Desired Environmental Outcomes
3.1.3 b) COMMERCIAL & RETAIL USES
A hierarchy of centres with a range of Commercial and Retail business uses provide suitable levels of amenity, service and access to the community, consistent with the community’s location and needs by—
i  proportion of Noosa Shire’s higher order needs being fulfilled by centres in other areas,  particularly the Principal Regional Activity Centre of Maroochydore;
The development proposal provides floor area of approximately 4,416m² (36%) for the top 4 industries and business identified by the economic strategy but also includes a significant retail component of 7,845m² (64% of the development).
Therefore, while the proposal delivers some business and employment opportunities, the majority of the proposal is retail, which is a low employment generator. The built form and layout is more akin to a shopping centre, or a large format retail based centre with specialty shops; essentially proposing a secondary shopping centre located on the fringe of the Shire Business Centre.
Overall the proposal while providing some job potential, conflicts with both the economic and commercial retail Strategies which seek to advance certain priority sectors other than the retail sector.
Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Shire Business Centre.  The lots are further divided into Precincts E5 (Lot 1 - western lot) and B3 (Lot 4 – eastern lot). Figure 11 below includes the Shire Business Centre Precinct map.

Figure 11b – A Precinct plan of the Shire Business Centre with the subject development site identified with a black perimeter.
The proposed uses are required to follow an impact assessment application process. Table 3 identifies the proposed uses and whether the uses are consistent within the Precincts. The Table also includes the equivalent Noosa Plan use definitions.
Table 3 – Consistent Uses
Proposed Use Applicants definitions	Noosa Plan equivalent definition	Consistent Precinct E5	Consistent Precinct B3
			
Showroom	Retail business type 4 – showroom Retail business type 2 – shop/salon	X X	X
Office	Commercial business Type 1 - office		
Health Care Service	Commercial business type 2 - medical		
Indoor Sport and Recreation	Entertainment and dining business type 2 – Recreation, amusement & fitness	X	X
Low Impact Industry	Industrial businesses type 1 and type 2		X
Food and Drink Outlet	Entertainment and dining business type 1 – Food and beverages	X	X
Uses definitions
The applicant proposes a range of uses with their own tailored definitions. In support of these the applicant provided the following narrative:
‘As noted in the town planning report, the proposal seeks a tailored approach to land uses and the resulting flexibility for tenancies through seeking an ‘Undefined Use’ for the proposed Noosa Marketplace development. This includes:
• 	Bespoke use definitions that more appropriately describe the development …for the full Undefined Use definition;
• 	Recognising that the planning scheme defined uses / use types could result in uses operating in an inappropriate or inconsistent manner, or to be interpreted to be operating unlawfully;
• 	Allowing flexibility of land uses for small start-up businesses as well as more niche businesses, consistent with Council’s expectations for parts of the site;
• 	Representing orderly development where individual and cumulative tenancy impacts can be effectively managed through building design and managed through reasonable and relevant conditions of approval.
The proposed Noosa Marketplace seeks to deliver a curated precinct-based experience, supporting new and emerging businesses by creating a destination anchored with established ‘retail showroom’ uses that are attractive to both residents and visitors. The attractors will be national or emerging brands which will drive visitation to the site, effectively supporting all the businesses that establish on site’.
We acknowledge that the proposed Noosa Marketplace departs from certain aspects of the current Noosa Plan (Planning Scheme) and draft New Noosa Plan (Draft Plan – Rounds 1 & 2) however when viewed as an integrated precinct we consider that the uses Council express as being of concern are overstated.
We note the following:
• 	The increased GFA in the proposed retail showroom definition seeks to further differentiate the need for premises that provide larger floor plates;
• 	The bulky goods component is retained;
• 	The limitation on the types of goods sold are removed for a more flexible approach for those businesses requiring larger tenancies for retailing of large stock of similar or related goods;
• 	There is no confusion that the retail of goods could be a ‘large shop’; and
Large floor plate retail is recognised as a sustained trend. Of note, Council commissioned a series of studies to inform and shape the Draft Plan - The Noosa Centres Hierarchy Review 2017 (Centre Hierarchy Review). Part 2.1 Retail trends of this report recognises the strong growth over the past 10 years in large floor plate shops that locate with showrooms and bulky goods outlets’.
The Noosa Plan’s definition of Showroom and Shop is:
Showroom
Retail business type 4 showroom - Premises exceeding 250m² gross floor area for the display and sale of goods that are primarily of a bulky nature and of a similar type, including but not limited to boats, electrical goods, bulk stationery supplies, furniture, floor coverings, sporting equipment and apparel, motor vehicles, recreational vehicles, motor accessories and the like. The term includes any associated sale of spare parts for such goods.  The term does not include a large shop.
Shop
Type 2 Shop & salon - The use of premises for an activity that is generally found in a shopping complex, strip or centre.  The use includes a shop, hairdressing salon, appliance repairs, alterations, dry cleaning and a café with dining facilities for up to 10 people.
The applicant’s proposed definition of showroom is:
Retail Showroom - premises not less than 300m² per tenancy used for the display and sale of large or bulky goods, or large stocks of similar goods or related goods.
The proposed showroom definition in some respects combines The Noosa Plan’s showroom and shop definitions and is not considered a new use as such. Large format retail businesses clearly sit comfortably either with the Noosa Plan definitions of showroom or shop, dependant on the products sold. The applicant’s other proposed definitions also fit clearly within the Noosa Plans’ definitions.
The applicant’s tailored use definitions are not required as the uses proposed are essentially the same as the Noosa Plans’. The proposed use definitions therefore create ambiguity and difficulties in administering the development should the development be approved and are unnecessary.
Overall Outcomes
The proposal is required to accord with the Overall Outcomes of the Noosaville Locality Code. The relevant Outcomes are discussed below.
Overall Outcomes
tt) For the Shire Business Centre Zone—the Shire Business Centre—
i is a Major Activity Centre for the purposes of the SEQ Regional Plan, and the principle business centre for Noosa, servicing Noosa-wide business and employment needs by providing for a wide range of Business Uses as well as administrative, community, and open space functions;
ii is a multi-function employment node forming the major focus of employment growth in the coastal area of Noosa;
iii follows a logical sequencing of development consistent with the needs of the community that is dependent on the—
A) timing and construction of the external and internal road systems;
B) dedication of a substantial area of open space; and
C) development of a substantive amount of non-retailing development for employment opportunities beyond Retail business;
iv is developed at a low scale and density with distinctive and unique design elements, determined by the setting and recognisable as a Noosa development;
v comprises buildings of low rise form separated by attractive and low key informal spaces that are integrated with landscaping and open space areas;
vi has an outdoor focus, particularly for Retail business uses, office uses and Community Uses;
vii provides for an inter-regional transit facility that functions as an integrated public transport node, with pedestrian and bicycle paths and appropriate external connections;
viii provides visual and physical connectivity across and throughout the site;
ix is designed to ensure that peak traffic flows and access to the Shire Business Centre do not impact on the wider functions of Eenie Creek Road and Walter Hay Drive;
x retains development capacity within the Shire Business Centre in the longer term to take advantage of potential new employment opportunities;
xi is developed into precincts, as depicted on Schedule 4 - Shire Business Centre Map, which include a dynamic mix of development with an appropriate integration of uses within each, including—
A) Business Precincts (B1-B2), which provide for the highest order of retail development in Noosa and comprises the retail core of the Shire Business Centre site, with associated car parking generally located with Precinct B2;
B) Precinct B3, which provides for showroom and office development;
C) Employment Precincts (E1-E7) for future employment growth, which include 3 precincts (E1, E2, E3) with preferred themes to allow these precincts to take advantage of new employment opportunities;
D) a civic area located within Precinct E1, which provides for a range of civic uses and functions;
E) an inter-regional transit facility in Precinct E6;
F) a Residential Precinct (RES), which provides residential support accommodation to the other key precincts; and
G) a Minor Recreation/Minor Mixed Use/Open Space Precinct (REC/MU), developed for the purposes of a minor recreation use or minor mixed-use development;
Showroom
While a showroom use is consistent in precinct B3, the applicant’s showroom definition means that not only could a traditional showroom selling large or bulky goods operate, but also any large shop including large format retail could establish. Examples of large format shop/retail that are not showrooms (under The Noosa Plan definitions) which could potentially occur include a surf wear store or a chemist warehouse etc. The applicant also acknowledges that ‘there is no confusion that the retail of goods could be a large shop’.
While large format retail as proposed is a trend that is occurring across the states and throughout Australia, the Noosa Business centre is intended to provide for a wide range of business uses and there is no narrative in the Overall Outcomes to suggest a broadening of the retail sector for Noosa.
Indoor sport and recreation
The applicant suggests that the Indoor sport and recreation adds to the combination of land uses for the development which ‘facilitates a clear path to achieving a diverse, efficient and strong local community’. While the applicant’s narrative is high level, given the location in the Shire Business Centre, an indoor sport and recreation use may complement the other uses proposed such as healthcare and office uses.
Food and drink outlet
The applicant suggests the Food and drink outlet tenancies are positioned centrally at the heart of the Noosa Marketplace, comprise 2 small tenancies, less than 2% of the overall proposed floor area, and are proportional to and located to serve the businesses, workers and public visiting the site. Given the extent of floor area and the limited pedestrian access to the Noosa Civic food court, it is considered that a small scale food and drink outlet may be an appropriate use on site and complement the other proposed uses such as low impact industry, offices, indoor sport and recreation and health care. However, the proposed location is opposite the low impact industries which is not an ideal location for a food and drink outlet and could be better located.
The proposal aligns, or partially aligns, with some of the above Overall Outcomes but raises concerns with others. In particular the retail dominated development raises concerns with:
Overall Outcome tt) i & ii  - the proposal conflicts with this provision as the Noosa Shire Business Centre as a Major activity regional centre plays a supportive role to a Principal Regional Centre (Sunshine Coast CBD) under the SEQ plan. The proposal is providing some job potential, but given the extent of retail uses, is sterilising land which is set aside for non-retail uses to diversify the economy and provide for employment growth.
Overall Outcome tt) iii C) – the Outcome seeks a substantive quantity of non-retail development for employment opportunities beyond retail business. The proposal seeks the opposite, with 64% of the site proposed for retail business purposes.
Overall Outcomes tt) iv, v & viii - Council’s consultant architect raises significant concerns with the built form and layout which is discussed in detail below in Section 3.3.2.2 of this report.
Overall Outcome tt) xi, A) - seeks that Precincts B1 and B2 provide the highest order retail development and is the retail core of the Noosa Business Centre. The proposed development seeks substantial retail outside of these Precincts. The Noosa Plan’s retail cap of 7,000m² for showrooms has already been exceeded by 200m² (7,200m²) as well as the 18,300m² cap for shops which is exceeded by 5,600m² (23, 900m²).
Overall Outcome tt) xi, C) – seeks that Precinct E5 is protected for future growth of new employment opportunities. The proposed extent of retail conflicts with this provision as it is not providing for transitioning and changing employment opportunities.
Built form and layout
The locality code includes built form requirements for new development.
Table 4 below summarises the development’s level of compliance with some key built form provisions for Precincts E5 and B3.
Table 4 – Development Parameters for Precincts B3 and E5
Criteria	Planning Scheme Precincts B3 and E5	Proposal	Complies
Site Area		B3 - 9,952m² E5 - 25,810m² Total 35,762m²	
Plot ratio	B3 0.8:1 (7,961m²)	0.48:1 (4,840m²)	
	E5 0.6:1max. (15,486m²)	0.29:1 (7,441m²)	
Landscaped open space Soft landscaping	5,365m² min 5,365m² min 60% of total	5,543m² 5,543m²	
Building height storeys metres	B3 2 storeys 8 metres	Building 4 - Office Building 3 storeys 11.9 metres Building 3 (pt) 1 storey 7.2metres	X X
	E5 2 storeys 10 metres	Building 3 (pt) 1 storey 7.2 metres Building 2 1 storey 6 metres	
Boundary setbacks	Hofmann Drive 6m	Hofmann Drive Building 1 – 36m Building 2 – 20m Building 3 – 13.2m Building 4 – 1.75m to 4.49m	X
	Commerce Court 6m	Commerce Court Building 3 – 19.62m	
	South side boundary West  side boundary	2.18m 2.96m	
Carparking	465 spaces ‘Showroom’ calculated as large format retail	347 including 8 PWD plus 1 taxi/ride share	X
Bicycle Spaces End of Trip Facilities* *(required only where 5 + spaces are required)	122 bicycle spaces (1 per 100m²) 1 locker per 2 bicycle spaces and; 1 shower cubicle with ancillary change room per 10 bicycle spaces	69 bicycle spaces No lockers indicated but could be provided as a condition of any approval It is unclear if shower cubicles have been provided. This could be conditioned as part of any approval.	X X X
The proposal complies with the parameters of plot ratio and the quantity of landscaped open space required by the Planning Scheme. However, these are only one aspect of the built form and landscaping outcomes the Planning Scheme seeks for the development of the site. Other issues raised in regard to built form, setbacks, visual amenity, carparking provision and landscaping are discussed below.
General architectural overview
Council engaged an architect to peer review the overall design and layout of the development. Council’s consultant architect provides the following appraisal of the development.
The proposed development is a standard mixed-retail format with buildings arranged around an elongated internal parking courtyard. Vegetated buffers and increased setbacks are employed in an attempt to screen the development externally.
The buildings create an internal parking courtyard. The attempt to create 2 precincts and breakup the car parking is reasonable. The design misses an opportunity to create an internally activated ‘street’ to create vibrancy and achieve the Planning Scheme’s requirement (O96) to have parking in front of buildings and have buildings and landscaping dominant visual features.
Proposed buildings are standard retail format with minimal articulation to long elevations of Buildings 1 and 2. Revised elevations include punctuations in the elevations for access and communal gathering spaces which is although subtle is generally supported. These are mostly positioned at the end of short axes, however they do not align with external connection points (as shown on Page 1 of Architectural Vision Package) limiting the legibility and the strength of potential sight lines.
Building 4 (office building) – setback and building height
Setback
The applicant has provided a minimum setback of between 1.75m to 4.49m to building 4 (office building) adjacent to Hofmann Drive. Building 4 is proposed as a gateway building with the applicant suggesting this setback is provided to activate this portion of Hofmann Drive. Specific Outcomes O95 and O105 of the Noosaville Locality Code seek that development is internally focused and is not reliant on the major road network for exposure and provides vibrant and active frontages with entry nodes strengthened by providing landmark treatments, which could support the applicant’s setback. However, it is considered that while the proposal has frontage to the internal loop road, the setback proposed is insufficient particularly given the re-profiling proposed and the change in grade required for stormwater purposes at this location resulting in the developments limited ability to interact with the streetscape.
Building height
The relevant Specific Outcome is:
O8 Buildings and other structures—
a) are low rise and have a visual bulk and an architectural scale consistent with structures on adjoining or nearby land;
b) do not exceed a building height of —
i. for the Attached Housing Zone 2 storeys unless located on property with frontage to the following streets: - Russell St, William St and Howard St, or Weyba Rd, James St and Albert St north of their intersections with Elizabeth St (as well as properties fronting Gympie Terrace or Noosa Parade between Weyba Road and Russell Street), where they are not to exceed a maximum building height of 3 storeys;
ii. for the Visitor Mixed Use Zone– 3 storeys, although present only 1-2 storey façades to Gympie Terrace;
iii. for the Shire Business Centre Zone– 2 storeys, except in Precinct E1 and E2 where 3 storeys and Precinct REC/MU where 1 storey; or
iv. for all other zones— 2 storeys;
c) do not visually dominate the street or surrounding spaces;
d) preserve the amenity of surrounding land;
e) ensure that development responds to the site topography; and
f) are well articulated with strong horizontal and vertical design elements to provide an interesting streetscape and to complement landform changes and landscapes.
The Noosa Plan seeks a maximum building height of 2 storeys and 8m for precinct B3. As indicated in Table 4 above the development complies with building height except for building 4, the office building, which seeks 12m and 3 storeys. Council’s consultant architect suggests this building has some good design elements and better designed than most of the balance of the development.
However, Council’s consultant architect also advises:
The idea to use Building 4 (and building 2 to a lesser extent) as points of relief has some merit, but these buildings are not located to shape sight-lines and instead disrupt visual cues for pedestrians.
The design approach to Building 4 is an exception to the rest of the development. This building has been reworked to include vertical fins (with a timber appearance) to provide some visual interest as a landmark on the site, with reasonable amenity for users and pedestrians.
Greater architectural design has been invested in stand-alone buildings 2 and 4. Sun shading has been better addressed on these buildings and while there is some detail on an external balcony/breakout space in Building 4 other activation elements (street-facing balconies, entry doors, windows, breakout spaces, outdoor dining, etc) are not clear.
The location of building 4 is a prominent site and its design does not demonstrate compliance with the Specific Outcomes for building height sought by the Planning Scheme.
Visual Amenity
The relevant Specific Outcomes of the Noosaville Locality Code:
Specific Outcome - Visual amenity
O3 The visual amenity and character surrounding the major road network is protected and enhances the recognisable entrance to Noosaville through—
a) retaining and enhancing the visual and physical separation of Noosaville from other localities; and
b) ensuring development does not encroach upon existing native vegetation along the road frontage other than for accessways.
The applicant has not demonstrated that building 3 will be suitably screened from Eenie Creek Road. This is a large building with a long façade of approximately 130m facing Eenie Creek Road. There is some existing vegetation along the Commerce Court road reserve that would screen the building from Eenie Creek Road. However, a substantial service access is proposed at the Commerce Court cul de sac which would remove screening vegetation.
It is also pertinent that a Covenant  along the northern boundary protecting vegetation for screening purposes, is proposed to be re-profiled (removing existing vegetation) to facilitate stormwater management, mitigating any benefit the vegetation would initially contribute. Furthermore, the protected vegetation covenant to the south east along Hofmann Drive is proposed to be re-profiled resulting in mature trees being removed.
Streetscape and character
The relevant Specific Outcomes are:
O21 Buildings and other structures use materials and finishes that complement the Noosaville character and integrate with the surrounding natural and built environment.
AND
O105 Buildings and structures are sited and designed to—
a) present a contemporary, subtropical coastal built form and streetscape consistent with the character of the area,
b) incorporate built elements that define and frame the street and public spaces as well as create human scale and visual interest;
c) provide vibrant and active frontages and public spaces;
d) strengthen entry nodes to the centre by providing iconic or landmark treatment at key locations; e) be consistent with the bulk and scale of buildings on adjoining and nearby land;
f) contribute to their setting including the skyline;
g) present subtle changes in colours, textures and materials to break up the building façades;
h) integrate signage with the building design;
i) integrate landscaping into the building design and car parking areas;
j) provide areas for outdoor dining, shaded seating and meeting opportunities on the ground level to foster casual, social and business interactions; and
k) provide a continuous pedestrian friendly façade including all weather protection for pedestrians
Council’s consultant architect advises ‘The building elevations are reasonably bland and inactive.’ However, the small building 2 (food and drink outlet) and building 4 (office) go some way in providing a mix of materials and achieving the design intent of the Noosaville character but the balance of the proposal is a standard large retail format commercial/retail based design. In particular building 1’s design is generally not conducive for low impact industrial uses.
The applicant indicates 8 tenancies within building 1 for low impact industry. However, only tenancy 3 has a built form considered suitable for an industrial use (roller doors, truck access, vehicle access etc.). The other tenancies have a walkway to the front of the tenancy, lift up service windows and pedestrian access to the rear; not conducive for bone-fide industrial uses. Refer Figure 12 below.

Figure 12 – Building 1; T3 the most likely built form for an industrial use.
The design proposes shade/planting arbours between carparking and the buildings. The infrequency of gardens and sparseness does not provide sufficient cover or visual amenity. These are a poor substitute for mature trees or other approach which might integrate vegetation and shading. The proposal provides some shaded walkways but proposes a hard transition between buildings and car parking with limited gardens and plantings.
While the layout provides for some landscaped public meeting places, generally the development’s pedestrian connectivity is of standard design with no well-designed landscaped pedestrian connectivity throughout the site.
Council’s consultant architect states:
… the resultant character of the development is consistent with a usual approach of retail uses in an open car park. It’s fair to say this is consistent with rest of Noosa Civic and a planning strategy that attempts to hide buildings behind an external buffer. However, the proposal does not reflect an exemplary or finely tuned local design approach.
Although the scale of the parking is consistent with the adjacent Noosa Civic development, the design does not create an attractive or landscaped internal space as intended by the Planning Scheme. The development is dominated by car-parking and is deficient in vegetation/shade trees throughout the parking area.
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:
Landscaping / Biodiversity
Landscaping
The proposal meets the overall quantity of landscaped open space required which is mostly due to the perimeter vegetation being protected by covenants. However, landscaping internal to the development is not sufficient in the carparking area nor has the applicant demonstrated that existing vegetation will sufficiently screen the development from Eenie Creek Road. The development’s landscaping, albeit sufficient in quantity, does not meet the intent of the Landscaping Code which seeks to offer shading in car parking areas, screen buildings and to use gardens to define public spaces and pedestrian walkways.
Biodiversity
The existing vegetation comprises mostly regrowth community with isolated emergent canopy trees. Edge effects, fragmentation and surrounding land-uses have compromised the ecological values. However, native vegetation, including groundcovers, mid-storey and canopy trees exist.
The applicant’s ecology report suggests that no koalas (or koala evidence) were identified during the recent site inspections. By definition, “koala habitat trees” do occur within the subject land. For the most part these could be retained within the covenant areas. However, some trees (koala feed trees) would be removed as part of the balance development area. Retained vegetation within the covenant areas will allow for koala refuge (as would other open space areas associated with the Noosa Civic centre) in the event that koalas traverse the area.
A wallum froglet was recorded in a drain to the south of the Noosa Civic centre some years ago. Within 2km of the subject land there are single records for the wallum rocket frog and wallum sedge frog and two records for wallum froglet. Further, Litoria fallax was recorded in the area during those surveys which is an indicator that the habitat is not particularly suitable for Wallum frogs. The covenant area AB has potential habitat for the Wallum Froglet.  The applicant’s consultant recommends best practice stormwater and erosion measures to be implemented to ensure no adverse impacts on the habitat and water quality of the covenant area.
Due to the linear arrangement and fragmented nature of the vegetation, the habitat values are relatively limited save for the provision of a vegetated drainage channel to provide stormwater carriage through the site and its associated habitat values. Given the above, the removal of this vegetation is considered acceptable.
Car parking
The development proposes the following car parking provision plus 3 motor cycle spaces. The applicants Table 2 below indicates the car parking for the development.

The applicant has provided a traffic engineering report to support the proposed car parking provisions.
The following Table 5 sets out Council’s traffic consultant rates for the car parking of the applicants definitions.
Table 5 – car parking analysis
Use	Area m²	Councils Traffic consultant rate	Car carpark number
Showroom (large format retail)	7,845	1 per 30m²	262
Office / indoor sport and recreation	3,320	1 per 20m²	166
Low impact Industry	900	1 per 30m²	30
Food and drink	216	1 per 20m²	11
Total car parking required by Councils traffic consultant	469 spaces
Applicant proposes	347
Deficient	108
In relation to the car parking demand, Councils’ traffic consultant raises significant concerns with the 1 space per 50m² rate proposed for showrooms. The tailor made definition of showroom allows for large format retail (large shops) which attracts a higher rate of at least 1 space per 30m². Council’s traffic consultant advises that the 1 space per 50m² is adequate for traditional bulky good showrooms but significantly inadequate for large format retail such as that proposed.
It is acknowledged that offices and low impact industry uses may not generate parking peaks at the same time as showrooms (which typically occur on Saturday) but medical and indoor sport uses and food and drink parking peaks can occur on Saturday. Therefore, while there may be some justification for the provision of less than 469 spaces as identified above, Council’s traffic consultant advises that 347 parking spaces is significantly insufficient to support the potential uses.
The applicant’s traffic report is fundamentally flawed as an incorrect traffic generation rate is used for the bulk of the development (showrooms). Council’s traffic consultant advises ‘The traffic generation rates used in the traffic report for showrooms would be applicable for showroom uses that fit the current Noosa Showroom definition, but would be low for tenancy types that could be located at the subject site under the proposed altered showroom definition, which does not require that the goods be bulky (such that large format retail would be permitted).’
Stormwater Management
Flooding and drainage
The site is subject to local overland flowpath flooding from external catchments located to the north and west of the site. These catchments are currently conveyed through the site as overland flow in a south-easterly direction and ultimately discharge under Hofmann Drive to an existing conservation area. The proposal seeks to realign this open swale to follow the north and east boundaries, eventually discharging under the main access near building 4 (office building). In this prominent location near building 4, the swale levels are not clear but it appears the swale would be deep and narrow, more akin to an urban drain requiring balustrading and not complying with the relevant provisions of The Noosa Plan.
Stormwater Quality
The application proposes bioretention integrated within the carpark landscaping with rainwater harvesting and reuse. The applicant proposes to use the water quality bioretention system ‘stratavault’ which incorporates underground stratavault modules. Council’s consultant hydrology engineer advises this system ‘may compromise the landscape outcome of the carpark and is inconsistent with the landscape sections currently provided’ and also suggests ‘ There are better conceptual design options for landscaping and stormwater quality …that would be lower cost and deliver better landscape outcomes’.
Overall, the stormwater modelling and flooding analysis generally appear acceptable. However, a number of concerns relating to how the modelled solutions will integrate with the development site and a lack of consistency between the models and the application documentation raise concerns.
Given that insufficient detail has been provided to determine how the modelled strategies will fit on site and no resolution of the inconsistencies, there is a risk that the strategies will not be able to be successfully delivered within the current development layout.
Local Economic Plan
The Local Economic Plan (LEP) indicates a ‘focus of actions’ which provides an overview of the intent of the LEP which is provided below.
Focus of Actions
replace population growth with growth in industry sectors that have high economic value, particularly those that have a low environmental impact and export products and/or services outside of the Noosa Shire
diversify the structure of the local economy and grow smart, high value industry sectors particularly those that export products and/or services outside of the Noosa Shire to limit exposure to sudden and/or unexpected negative changes in key industries
encourage business growth in sectors that provide a wider range of employment options and pay scales
utilise the strong Noosa brand to grow nominated priority industry sectors
leverage local expertise to support the diversification of the local economy
explore collaborative industry-driven models to deliver local economic development
explore new models to fund local economic development
Establish and/or strengthen existing alliances with stakeholder organisations and institutions, and governments to leverage resources and share information and connections.
In regard to retail the LEP states:
‘The construction, tourism and retail sectors have been, and will continue to be, key contributors to Noosa Shire’s gross regional product and thus provide a significant number of jobs. It is the intention of this Plan to recognise the contribution of these established industries and at the same time focus on broadening Noosa Shire’s economic structure.’
Similar to and supporting The Noosa Plan’s Strategic Outcomes, the LEP sets out priority sectors which are:
Item 6 - Priority Sectors:
• 	Health and wellness
• 	Digital economy
• 	Rural enterprise
• 	Environmental industries
• 	Education and training
• 	Tourism
• 	Creative industries
• 	Professional services
The proposal includes a range of uses which offer economic benefits across a number of employment sectors and broadly align with the ‘Focus of Actions’. However, the proposed large-scale retail also fundamentally conflicts with the LEP as it is not advancing the priority sectors identified under Item 6 to diversify and broaden the economy.
draft planning scheme
The subject sites are located in the Noosa Business Centre, zoned Major Centre and included in the Showroom Precinct and Business Park Precinct as shown in Figure 13 below.

Figure 13 - Subject site zoning and precincts
Table 6 indicates consistent uses in each of the Precincts:
Table 6 – Consistent uses in the subject precincts.
Precinct	Consistent Uses
Business Park Precinct	Food and Drink associated with a consistent use Office Community Care Centre (social support centre) Community Use (hall, library, museum) Educational Establishment Emergency Services Healthcare service Research & technology
Showroom Precinct	Garden centre Hardware and Trade supplies Showroom  - maximum of 3,500m² (floor areas >400m² but <2,000m²) Veterinarian Indoor Sport and Recreation
Even though the bulk of the showroom tenancies are proposed within the drafted Showroom Precinct, the applicant’s definition of showroom (large shops) is inconsistent. The strategic intent acknowledges the hierarchy of regional centres and that higher order needs such as large format shops/retail are located outside the Shire.
The draft Noosa Plan allows some additional retail when compared to the current Noosa Plan as set out in the following Table 7:
Table 7 – Additional retail when compared to The Noosa Plan
Precinct	Quantity permitted by the draft Planning Scheme
5C - Retail precinct (existing Noosa Civic development site)	600m²
5D - Village Mixed Use Precinct	7,500m²
5B - Showroom (traditional bulky goods)	4,000m²	3500m² - subject site 500m² - Emporium site
Total Retail	12,100m²
Precinct’s 5C and 5D are not located within the subject site.

Strategic Framework
The following are relevant provisions of the Strategic Framework.
Strategic Intent
Intent 3.2.6 – A diverse and resilient economy
…However, encouraging and developing new priority sectors is required to develop an economy less reliant on tourism and population driven industries. The priority sectors are identified as:
Health and wellness (including, but not limited to, aged care facilities and services)
Digital economy
Rural enterprise
Environmental industries
Education and training
Tourism
Professional services
creative industries
‘Keeping up with the rapidly changing nature of business is a challenge. Businesses are increasingly looking for flexible workspaces of different scales and types which provide for multiple uses; co­shared spaces with opportunities to meet and share ideas; and provide well connected fast communication and digital services. In order to meet these changing needs and enable the diversification, business development and growth of priority sectors, suitably located, zoned and serviced land is allocated. A mixture of approaches is applied to ensure developments can be easily adapted to suit both the current and future needs of business and industry. This includes providing for shared cooperative spaces, digital hubs and mixed-use precincts that support small and growing enterprises.’
Centres hierarchy
‘This hierarchy represents all the retail-based centres that occur (and will occur) in Noosa Shire. Each activity centre has a retail core function including supermarkets and other retail uses and is supported by commercial and community uses. The centres hierarchy also takes into consideration Noosa Shire's role in a more regional context. It recognises that a proportion of the Shire's higher order needs is fulfilled by activity centres in other areas, particularly the principal regional activity centre of Maroochydore and to a minor extent Gympie’s major regional activity centre.
‘The Noosa Business Centre offers the greatest opportunity to accommodate most of the long term growth and development for key priority sectors including knowledge-based industries such as education and training, health, digital economy, technology innovation, and research and development. This will be delivered through a number of planning precincts to reflect the desired function and role of the centre. Future retail development is provided for in a village mixed use precinct designed around a vibrant open main street linked to an open air village green space and connecting with the existing shopping centre. Future commercial and employment uses are to be located in a business park precinct, small scale business precinct and the nearby innovation zoned land’.
Strategic Outcomes
Strategic Outcome 3.3.5 (r)
(r) Noosa is also serviced by the Maroochydore Regional Activity Centre, located outside the Noosa Shire. The Maroochydore Centre provides for higher level retail, business and community services for the broader region. It is expected that higher order retailing and facilities that service the Noosa community will continue to be located outside Noosa Shire. The hierarchy for centres in Noosa Shire is shown below.
Strategic Outcome 3.3.5 (s) (i) (B)
(B)	Noosa Business Centre – is one of the highest order centres in the Noosa Shire and is designated as a major centre in the South East Queensland Regional Plan. Its role and function are to provide for a mixed-use Shire-wide Business Centre, focusing on employment growth and economic diversification. Innovation and knowledge-based industries, health, research and education are present as well as higher order sub-regional retail. There is a very limited increase in retail flood space, recognising the role of the regional activity centre at Maroochydore in providing high order retail needs.
The strategic intent clearly recognises a portion of the higher order needs are serviced by out of Shire centres such as Maroochydore. The draft Planning Scheme proposes to include an additional retail floor area of 3,500m² for showroom uses proposed for the subject site. The proposal seeks more than double this provision, however, given the applicants definition of showroom, the whole of the proposed 7,845m², could result in large format retail shops.
It is also clear the Strategic Outcomes seek that the priority sectors are a key focus for the Noosa Business Centre and that retail is clustered in the Mixed Use precinct.
The proposal may deliver a small portion of the outcomes sought in terms of the commercial uses proposed but given the scale of large retail shops proposed, the proposal significantly conflicts with the draft Planning Scheme.
economic impact assessment
The applicant provided an extensive Economic Impact Assessment as part of the application material and an Economic Impact Assessment addendum (addendum) in response to Council’s information request. Council engaged an Economic consultant to peer review both documents.
The applicant’s economic assessment prepared by Location IQ (LIQ) originally suggested an undersupply of large format retail (in a range of low, medium, high) ranging from 45,585m² to 76,653m² by 2031. The addendum reduces this undersupply to 37,959m² by 2031; a significant difference.
Council’s economic consultant advises:
‘LIQ calculates that the proposed 8,780m² of large format retail space will meet about 32% of this implied undersupply (Table 1). The specific retention rate applied to an area is a matter of professional judgement. While analysts might disagree on such rates, the fact that LIQ has adjusted its original (and in our opinion, overly optimistic) estimates satisfies our concerns over the methodology used as it now adjusts for uneven demand and for boundary effects of overlapping trade areas.
However, it does not necessarily establish a strong need for the scale of development proposed, but it does establish a reasonable case that some need can be met by the proposed development.’
Notably, the draft Noosa Plan allows an additional 4,000m² of traditional showrooms and a further 8,100m² of general retail, bringing the total of additional new retail under the draft Noosa Plan to 12,100m² distributed throughout the Noosa Business Centre. The proposal goes beyond that which the draft Noosa Plan contemplates for the site.
The applicant suggests that generally the proposal would not affect the viability or continued operation of existing large format retail stores in the Noosa Shire and indicates:
‘Given the current mix of tenants within the total trade area, there is an opportunity for many key large format retail and non-retail showroom tenants which are not yet represented within the total trade area (or primary sector) to locate at the subject site and service local residents. Tenants which are not currently represented within the main trade area would be targeted and as such, sales generated by these tenants would largely result from retained spending within the main trade area (i.e. a re-direction of sales from beyond the region).’
In regard to the impact on surrounding businesses Council’s economic consultant advises:
‘The loading of the single largest impact component ($10.2m) onto the industrial area seems contrived, with the effect of potentially understating the percentage impacts upon other Noosaville large format retail areas. LIQ says that the impacts in the Industrial Precinct will be spread across a range of large format retail and non-retail showroom operators, with no one particular facility impacted more significantly than another...
Given that LIQ makes no assumptions as to the nature of the proposed development’s two large anchor tenants or the mix of other LFR traders envisaged, it is difficult to give much weight to this claim. The level and direction of impact will very much depend upon the mix of large format retail uses in the proposed development.’
Council’s economic consultant is satisfied with the methodology used by the applicant for estimating the proposed market share and resulting turnovers derived from the trade area, together with the allowance for external trade. However, given that no tenants have been nominated, it is difficult to substantiate the impact of the proposal on the surrounding businesses.
cONSULTATION
Referral Agencies
The application was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for Infrastructure – state transport infrastructure.
The Department has responded advising that the application has been assessed against State code 6: Protection of state transport networks of the State Development Assessment Provisions, version 2.4, and determined that with conditions the development achieves compliance with the performance outcomes of the State code. A condition has been provided to include a dedicated taxi rank to support passenger services.
Other Referrals
The application was forwarded to the following internal Council officers:
Principal Strategic Planner
Infrastructure Design and Delivery Officer
Environmental Health Officer
Waste Officer
Engineering Officer
Ecologist
The application was also forwarded to the following external consultants:
Phil Smith Architect – Architectural and Design Consultant
Holland Traffic Consulting – Traffic and Parking Consultant
Foresight Partners Pty Ltd – Economic Consultant
Switchback 48 Consulting – Hydrology Consultant
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. Four properly made submissions were received, 3 objecting to the development and 1 in support. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
Objections
The flexibility of uses requested creates ambiguity as no specific use or floor space area was indicated, except for some minor tenancies.	Agree As part of a minor change to the application, the applicant provided specific uses for most of the tenancies which reduced the ambiguity. However, the showroom as defined by the applicant, (being the bulk of the development) still allows for a broad range of uses including showrooms, large format retail and large shops.
The shop is inconsistent in both precincts on the subject site.	Agree The applicant removed the shop use as part of the change to the application in the Decision Period.
The submitter agrees that there is substantial demand for showrooms. However, the floor space proposed should be accompanied by provision for additional floor space in the existing ‘Emporium’ to allow it to grow. Should council be of the view that there is additional demand for showrooms of 12,000m² (as proposed) then it is should be apportioned between the sites to allow the logical expansion of the ‘Emporium’ precinct of 4000m², as well as the 8,000m² within the proposed development.	Disagree Council’s economic consultant disagrees with the quantum of undersupply of large format retail floor space in Noosa and the development significantly exceeds the retail floor area envisaged for the site under The Noosa Plan. It is not the scope of this application to allocate floor area to other sites.
The application is non-compliant and out of kilter with the use deemed most appropriate for the most benefit of the community.	Agree in part The greater portion of the development is inconsistent but there are elements that advance the intent of the relevant codes in The Noosa Plan such as the Offices, Medical and Low impact industrial uses.
Disregard for height restrictions.	Agree in part The majority of the development is well within the height permitted by The Noosa Plan, apart from Building 4.
Large scale of development creates more traffic congestion.	Agree The applicant has provided a traffic impact assessment but Council raises concerns with the inputs of the assessment. There are outstanding concerns in this regard.
The proposal is nothing more than a retail shopping precinct, medical hub and ‘high rise’ featuring brightly coloured retail outlets.	Agree However, the applicant identifies uses other than retail. The Office and medical uses are consistent and create good employment opportunities. The tenancies allocated for the low impact industries raises concern as the architectural design is not conducive for that use.
Building 1 backs directly onto a concrete batching plant. The batching plant raises reverse amenity concerns and suggest the development would make it more difficult to meet relevant approvals in terms of noise, odour and particulates. No air quality or noise assessment report is provided. Corridors between buildings will look directly into the existing batching plant. A range of conditions for any approval are requested by the submitter which are provided below: direct line of sight view corridors are removed from the design and boundary fence treatments are conditioned to be extensive (i.e. to minimum height of 6 metres) air and noise reverse amenity conditions are embedded within the approval such that these matters must be considered in the final building design. Conditions are best expressed as absolute limits at the sensitive receptor. The absolute limits should be higher than those prescribed under legislation and guidelines for air and noise such that the developer is aware of the industrial estate, acknowledges a reduced level of amenity and designs according covenants are required to be placed on Title acknowledging the order of occupancy and limiting the ability of tenants to make complaints on nuisance grounds.	The industrial uses adjoining the site should be protected. It should also be noted that uses are responsible for containing contaminants within the boundaries of their site. Building 1 is opposite the subject industrial use and is nominated mostly for low impact industry, with Office, Health care service, Indoor sport and recreation nominated for 2 southern tenancies. The building is likely to be tilt panel construction which mitigates many concerns, however, any approval could be conditioned so that the building is modified in accordance with a noise and air assessments report recommendations.  It is noted the development is not proposing any highly sensitive land uses such as residential or caretaker’s dwellings. The breaks in the buildings are sought by The Noosa Plan to break up elevations. Strategic view line landscape planting could be conditioned as part of any approval to screen the industrial use. The covenants are an unreasonable request.
Support
The development is showing a very good mix of businesses. A central hub for Noosa. It will reduce escape spending to Maroochydore. A new and existing place to go and mix. Is good for competition and create employment opportunities.	Agree in part The development will create employment opportunities and may reduce some escape expenditure.
conclusion & REASONS FOR DECISION
The proposal seeks a range of uses totalling approximately 12,261m² in use area which includes 7,845m² of Showrooms, 1,340m² of Offices, 216m² of Food and Drink, 680m² of Indoor Sport and Recreation, 900m² of low impact industries and 1,280m² flexible use across 2 tenancies.
The proposal seeks some uses that are consistent on the subject site and may advance the strategic outcomes of The Noosa Plan. However, the bulk of the development is for large format retail which is inconsistent within the subject site and does not meet the intent of The Noosa Plan which seeks to limit retail uses in the Noosa Business Centre and achieve a mixed use business centre.
While some need can be demonstrated for additional retail, there is no other Major centres proposed in the Noosa shire and it is imperative that land is protected for the future to ensure availability to diversify the economy rather than relying on retail and tourism sectors.
The proposed built form and layout is that of a standard retail based shopping centre and has limited good pedestrian access throughout the site. Building 1 is proposed generally for Low impact industrial uses which is a consistent use on site but the built form is not conducive to that use. Building 3 (showroom building) results in a long building facade facing Commerce Court and Eenie Creek Road which the applicant has not demonstrated would be suitably screened by vegetation.
Building 4 (Office building) is a prominent location where a building of exemplary design is required to meet the Planning Scheme provisions. While building 4 is of a reasonable design standard, it does not meet the provisions of the Planning Scheme. The setback of this building also does not meet the relevant outcomes of the Planning Scheme as the swale for stormwater purposes proposed along this frontage is more akin to an urban drain and is not supported.
Given the above, the proposal is recommended for refusal.

Departments/Sections Consulted:
	Chief Executive Officer	X	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	X	Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance	X	Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
		X	Strategic Land Use Planning		Infrastructure Planning Design and Delivery
				X	

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GENERAL COMMITTEE MEETING REPORT	13 JANUARY 2020

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Table 2 Carparking Provision Recommendations — The Noosa Plan Driveway and Carparking Code

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Retail Business (Type 4) | 1space per 50m? or part
7,845m'
Showroom thereof of use area
Entertainment (Type 2) 380m? 1 space per 20m? or part
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I space per 50m? or part

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Commercial Business
7 1,920m? 96
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Entertainment and Dining Business 216m? thereof of use area nu

(Type 1) Food & Beverage
Total 12,261m? - 347


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