Development Application For A Material Change Of Use For A Lifeguard Storage Shed At Noosa Spit Recreation Reserve, Claude Batton Drive, Noosa Heads, MCU15/0036

DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR A LIFEGUARD STORAGE SHED AT NOOSA SPIT RECREATION RESERVE, CLAUDE BATTON DRIVE, NOOSA HEADS, MCU15/0036

Document information

Author	Coordinator Planning, Denis Wallace
Planning & Infrastructure Department

Index	MCU15/0036

Attachments	1. 	Proposal Plans

APPLICATION DETAILS
Applicant	Noosa Council
Proposal	Development Permit for a Material Change of Use for an Emergency Service – Type 2 “Shed” (Lifeguard Storage)
Properly Made Date	29 April 2015
Decision Due Date	26 June 2015
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	Noosa Spit Recreational Reserve Claude Batton Drive, Noosa Heads
RP Description	Lot 115 MCH839107
Land Area	13.0ha
Existing Use of Land	Recreation Reserve and Sand Pumping Station

STATUTORY DETAILS
SEQRP Designation	Regional Landscape & Rural Production Area
Locality	Noosa Heads
Zone	Open Space Recreation
Overlays	Environmental Protection Vegetation Riparian Buffer Area Bushfire Hazard Area Acid Sulphate Soils Area
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Coordinator Planning to the General Committee Meeting dated 1 June 2015 regarding Application No. MCU15/0036 for a Development Permit for a Material Change of Use for an Emergency Service – Type 2 “Shed” (Lifeguard Storage) situated at Noosa Spit Recreational Reserve, Claude Batton Drive, Noosa Heads and:
A.	Approve the application in accordance with the following conditions:
When Conditions must be Complied With
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
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
14712-S1  Sheet 1 of 6	A	General Notes and Drawing Index by TOD Consulting Engineers	DEC
14712-S2  Sheet 2 of 6	A	General Notes by TOD Consulting Engineers	DEC
14712-S3 Sheet 3 of 6	A	Footing Plan by TOD Consulting Engineers	DEC
14712-S4  Sheet 4 of 6	A	Floor Plan by TOD Consulting Engineers	DEC
14712-S5  Sheet 5 of 6	A	Roof Plan by TOD Consulting Engineers	DEC
14712-S6  Sheet 6 of 6	A	Elevations by TOD Consulting Engineers	DEC
Nature and Extent of Approved Use
The approved use is for a storage facility and associated washdown area only.  The shed is not to be manned or otherwise used for other purposes.
The existing storage facility on neighbouring land (Lot 114 MCH839107) must be removed and the area made good to return it to public open space within 12 months of the commencement of the use.
Amenity
The shed shall be finished in natural colours that blend with the vegetated setting and minimise its visibility.
Advertising signage must not be placed on the shed.
Landscaping
A minimum of 20 x tubestock native dunal species must be planted and established in the area adjacent the shed on completion of construction.  Recommended species are:
Tree/Shrubs
Casuarina glauca
Casuarina equisetifolia
Cupaniopsis anacardioides
Alectryon coriaceus
Banksia integrifolia
Banksia aemula
Elaeocarpus reticulatus
Hibiscus tiliaceus

Ground covers
Austromyrtus dulcis
Carpobrotus glaucescens
Hibbertia scandens
B.	Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
The lifeguard storage shed is appropriately sited beside existing foreshore infrastructure to provide critical support to the community use of the area’s beach and marine environment.
The use strongly aligns with the planning scheme intent for active recreation within the Open Space Recreation zone.
The use replaces an existing facility on adjacent land, which is to be demolished and returned to community open space.

REPORT
PROPOSAL
The application seeks approval for the construction of an Emergency Service Type 2 – Shed for lifeguard storage purposes adjacent the existing sand pumping compound at the Noosa Spit. The proposed storage facility will comprise a rectangular colorbond shed of approximately 72m2 in area and 5m in height with an asphalt apron in front of an entry roller door.  The storage shed is intended to cater for:
Rescue board storage
3 x jet skis
2 x All Terrain Vehicles (ATV)

Proposal plans for the development are included in Attachment 1. The shed is only to be used for storage purposes, with no lifeguards or lifesavers stationed on the site. Lifeguards will be ferried to the site and dropped off where they will then distribute the equipment to relevant patrolled areas. The applicant submits that no additional external parking is required. All vehicles will be serviced off site and minimal facilities will be provided on site.

The asphalt apron in front of the entry roller door is to be used for wash down of any equipment and will drain to the surrounding sand area. The new facility is required to replace the existing lifeguard storage shed located at the end of Hastings Street near the resort complex known as “No. 2 Hastings Street”. The applicant indicates the existing storage shed currently is dilapidated and suffers from its distance from the beach and associated transport issues along public roads. It is intended that the existing storage shed will be demolished and returned to open space following completion of the new facility.

Council officers involved in the project advise that Council agreed to undertake the design and approval process. Surf Lifesaving Queensland has obtained funding to carry out the construction, which is conditional on completion by September 2015.

The application is before Council because the use conflicts with the zoning provisions under The Noosa Plan. The report is made to Council’s General Committee to allow a timely decision and meet funding requirements, with the application only entering its formal decision period after the scheduled Planning & Infrastructure meeting of 26 May 2015.
site details
Site Description
The proposed shed location is directly adjacent the existing sand pumping facility and approximately 30m south of the existing coast guard tower at the Noosa River mouth.  The area was disturbed by construction activity associated with the construction of the sand pump facility but Council has since undertaken some replanting throughout the area and some regrowth of Macarangas, Casurinas, and the like, is also present.  Two mature casurinas are located within the footprint of the new shed.  Photographs indicating the site location are shown in Figures 1 – 3 below.

Figure 1 – Aerial Photograph of Site

Figure 2 – Proposed Shed Location

Figure 3 – Location of Existing Storage Shed beside No.2 Hastings Street
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development, including:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Preliminary Approval Overriding the Planning Scheme for the land; and
the Planning Scheme for the local government area;
The statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
State Planning Policy
The development triggers assessment against the coastal environment and natural hazards provisions of the State Planning Policy, Part E Interim development assessment requirements. The proposal is location dependent and does not involve private marine or coastal development or tidal land reclamation or shipping facilities and can be undertaken in a way that will not adversely impact on coastal processes, coastal resources, scenic amenity or public access to the foreshore. The use is therefore considered to meet the relevant provisions of the State Planning Policy.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Rural Landscape & Regional Production area of the SEQ Regional Plan and construction of a minor storage facility is consistent with the regional policies and regulatory of the SEQ Regional Plan.
Statutory Instruments – Planning Scheme
The subject site is located in the Noosa Heads Locality and is zoned Open Space Recreation. The proposed use is identified as an inconsistent use within the zone and is required to follow an impact assessable application process.
Locality Provisions
The Noosa Heads Locality Code seeks to protect land within the Open Space Recreation zone so that areas of open space contribute to the desired lifestyle of residents by offering a variety of passive and active recreational experiences that are conducive to community interaction and wellbeing.  While the lifeguard storage shed is not an open space use, it is considered to closely align with the Code’s desired overall outcome by providing critical support to the community’s recreational use of the area’s beaches and marine environment.  The applicant acknowledges the use is inconsistent with the zone provisions and submits:
This application can be supported on a number of grounds ... These grounds include:
The Noosa Plan supports the development of Community Uses on the site;
The development is consistent with the intent of the zone;
The proposed use provides a storage facility that is appropriately located to service beach users;
The surrounding land uses and roadways to the site and the characteristics of the locality support the use of the site a lifeguard storage facility; and
The storage facility provides a building form that is desirable for the area and consistent with Councils design intent.
The applicant’s grounds are generally supported. The new shed sited alongside the existing sand pumping facility will provide for the needs of the lifeguard service and will not unduly impact on the open space character/utility of the site or the visual amenity of the area. Conditions are recommended to ensure further screening vegetation is planted adjacent to the facility and it is finished in suitable colours to minimise its visual impact. A condition is also recommended requiring the existing shed on adjacent land be removed and the area made good as public open space.
Land Use, Works and Overlay Code Provisions
The following codes which regulate land use and design are most applicable to this application:
Community Uses Code
Engineering Works Codes
Landscaping Code
Biodiversity Overlay Code
The application has been assessed against each of the above applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Code	Discussion
Biodiversity Overlay Code	The shed location is within a mapped riparian buffer area and involves the removal of some mapped environmental protection vegetation.  The siting of the shed behind the existing sand pumping facility is supported, as it does not encroach further toward the beachside boundary.  A condition is recommended requiring new plantings of suitable dunal species to offset the vegetation removal.
cONSULTATION
IDAS Referral Agencies
The applicant sought a pre-response from the State Assessment & Referral Agency within the Department of State Development, Infrastructure and Planning in relation to Coastal Management District Matters.  The Agency responded by letter dated 9 April 2015 advising it considers the works as minor and deems them “excluded work” under the Sustainable Planning Regulations 2009.
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. No submissions were received.
conclusion
The proposed lifeguard storage shed is identified as an inconsistent use on the site under the provisions of The Noosa Plan but does not raise any significant planning concerns.  The shed is appropriately sited to meet the needs of the lifeguard service and provide critical support to the community use of Noosa’s beaches and marine environment.  The facility will replace a similar shed on adjacent land, which is to be demolished and made good as community open space.

The application is recommended for approval, subject to conditions, with grounds to support the application included in the recommendation.

Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health	X	DA Planning
	Community Facilities		Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
		X	Asset Planning
			Civil Operations
		X	Environment
	Executive Office	X	Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance	X	Property & Facilities
	Human Resources		Revenue Services

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GENERAL COMMITTEE MEETING REPORT	1 JUNE 2015

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