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51988.2770.02 Application For A Minor Change To A Town Planning Consent For Indoor Entertainment And Extension Of An Indoor Entertainment - 31 Butler Street, Tewantin · Attachment 3 - (51988.2770.02) - Planning Officer'S Report

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                               10 SEPTEMBER 2024


           ATTACHMENT 3 – (51988.2770.02) – PLANNING OFFICER’S REPORT


REPORT
1.     PROPOSAL
The applicant seeks minor changes to the 1988 Town Planning Consent (Netball Clubhouse) and
subsequent 2021 minor change (Pickleball courts and changerooms) approvals, including removal
and replacement of the existing netball clubhouse with a new 210m2 clubhouse building. The
proposal includes:
•    10 new unisex toilets (including PWD);
•    Social room, first aid, canteen, meeting room and store;
•    Accessible ramps are provided with grandstand seating facing the courts
•    Fibre cement rendered building with gable roof form; and
•    Amended carparking layout to include 17 spaces adjoining the clubhouse.
The applicant has provided the following commentary regarding the proposed relocation of the
clubhouse:
       Noosa Council endorsed the Noosa District Sports Complex Master Plan (the “Master Plan”)
       in 2020. A key recommendation in the Master Plan is to create a link road through the
       Complex connecting the McKinnon Drive entrance at the north to the Butler St entrance to
       the South of the Complex.
       The Sport and Active Lifestyles team have been working closely with the Noosa District
       Netball Association and the State appointed Project Managers (RPS) on the rebuild of the
       netball clubhouse located at the Noosa District Sports Complex.
       In consultation with Council's infrastructure staff we have requested that the clubhouse be
       rebuilt in the alternative location presented in the plans in the Development Application. This
       is to facilitate:
       •     Internal road and the McKinnon Drive entrance upgrades as recommended in the
             endorsed Noosa District Sports Complex Master Plan.
       •     A future widening of the access road to facilitate safe and compliant vehicle movement
             on the internal access road. Currently the road is unable to be widened due to the close
             proximity of the existing building and other infrastructure on the site i.e. The Olive
             Donaldson Pavilion, utility services. The relocation of the clubhouse will enable the
             physical space to widen the road for two-way vehicle movement.
       •     The opportunity to improve pedestrian movement safety by creating formal crossing
             points and pathways through both the formal, on street and gravels car parks in the
             northern area of the site. (As part of the future carpark road upgrades).




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Page 2

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                 10 SEPTEMBER 2024


The locality and proposal plan are included below.




                                        Figure 1 – Locality




                                      Figure 2 – Subject Site




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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT              10 SEPTEMBER 2024




                        Figure 3 – Existing Development




                      Figure 4 – Proposed Development Site

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT    10 SEPTEMBER 2024




                           Figure 5 – Floor Plan




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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                  10 SEPTEMBER 2024




                              Figure 6 – Elevations (east, west, south, north)

2.     BACKGROUND
•    A trustee lease was issued for the site in 1986. Council’s electronic records identify that a range
     of development approvals have been issued since 1999. The approvals generally relate to the
     development of additional facilities associated with the recreation uses occurring on the site.
•    A Town Planning Consent for Indoor Entertainment in the form of a netball clubhouse and an
     extension to the soccer clubhouse was issued on 16 September 1988.
•    In January 2020 the Noosa District Sports Complex Master Plan 2020-2030 was finalised. The
     Master Plan identified future upgrades to the Netball component of the complex. The
     Development Staging Plan within the Master Plan included the redevelopment of the
     amenities/administration building within a 3 - 4 year time period.




                Figure 7: Excerpt from the Noosa District Sports Complex Master Plan 2020-2030



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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                   10 SEPTEMBER 2024


•    A Minor Change to the Town Planning Consent was approved on 12 May 2022. The minor
     change related to the demolition of 2 existing buildings (being the former Navy Cadets / Soccer
     Building) and the construction of 2 replacement buildings (refer to Figure 8), described as
     stages 1 and 3, and a structure providing protection from the weather which connects the
     buildings, described as stage 2. The proposed clubhouse is comprised of home and away
     dressing rooms, kitchen, storage and amenities. Further, 2 pickleball courts located under the
     structure between the 2 buildings were also approved.




                    Figure 8: Replacement of existing clubhouse (2021 and 2024 aerials)

3.     ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
•      State Planning Policy;
•      South East Queensland Regional Plan;
•      Planning Regulation 2017;
•      The Noosa Plan.
3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the
Planning Act 2016. An application for a minor change to a development approval can only be made
in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
•      the development would not result in substantially different development as the proposal
       involves the removal and replacement of the clubhouse building only;
•      the change does not include prohibited development;
•      the change would not require the application to be referred to an additional referral agency
       or cause a referral agency to have regard to new matters prescribed by regulation;
•      where the original application was code assessable, the change would not cause the
       application to become impact assessable.


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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                           10 SEPTEMBER 2024


3.3. Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
•    Recreation and Open Space Zone Code
•    Recreation Activities Code
•    Works Codes;
The original application was lodged and assessed under the now superseded 1985 Planning
Scheme. The Planning Act 2016 requires minor change applications to be assessed against the
planning scheme in effect at the time of the original application (1985 scheme), however Council
may give weight to the planning scheme in effect at the time of the minor change application being
lodged (Noosa Plan 2020).
The subject site was zoned Open Space under the 1988 Strategic Plan and is zoned Recreation
and Open Space under Noosa Plan 2020. The use was defined as ‘Indoor Entertainment’ under
the original approval, which included a ‘club’ as part of the definition in the 1988 scheme. Under
Noosa Plan 2020, the use would be defined as a ‘Club’. The uses are consistent under both the
1988 and 2020 schemes in their respective zonings.
Applicant’s Request
The applicant has not requested to change any of the existing conditions of approval, however,
has requested that the following additional conditions be added to the existing approval:




Assessment of Request
Built form
The proposed relocation of the netball clubhouse complies with height, site cover and GFA
requirements under Noosa Plan 2020.
Wall Length
Acceptable Outcomes AO17.2 of the Recreation and Open Space Zone Code seek that the
maximum length of wall in one plane is typically not more than 15 metres. The proposed building
includes a maximum wall length of 28.25m, and as such does not meet AO17.2. the proposal is
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                           10 SEPTEMBER 2024


therefore required to comply with corresponding Performance Outcome PO17 of the Recreation
and Open Space Zone Code, which states ‘Buildings and other roofed structures do not present
an appearance of bulk in the open space setting, to adjacent properties, roads or surrounding
area.’
The building is a 5.3m high single storey building, orientated so that the approximate 10m wide
northern façade faces Mckinnon Drive, with open verandas being provided on the western and
southern elevations, and contributing a total of approximately 0.1% site cover to the site. Given
this, the building will not present an appearance of bulk in the open space setting to adjacent
properties, roads or surrounding area. Additionally, the building size is commensurate with the
existing approximate 30m long by 10m wide clubhouse on site and is likely to align with the
community’s expectations of the type and size of building expected to be provided for such uses,
providing sufficient amenities to a growing sporting club and facilitating the day-to-day
administrative needs of the use by providing adequate facilities to club management. In addition,
a condition is included in the recommendation requiring the development to incorporate colours
and textures that blend with and complement the natural setting through low reflective surfaces
and timbers. The proposal therefore complies with PO17 of the Recreation and Open Space Zone
Code.
Front Setback
Acceptable Outcome 18.1 of the Recreation and Open Space Zone Code requires buildings and
roofed structures to be setback a minimum of 20 metres from street frontages. The proposal seeks
a 6.9m setback from the Mckinnon Dr boundary, and as such does not comply with AO18.1. The
proposal is therefore required to comply with corresponding Performance Outcome PO18 of the
Recreation and Open Space Zone Code, which states:
     Buildings and structures are appropriately sited so as to:
     (a)   maintain the open space character and amenity of the site;
     (b)   provide amenity for users of the premises as well as preserve the visual and acoustic
           amenity of adjoining and nearby properties;
     (c)   provide adequate separation from adjoining land uses;
     (d)   allow for landscaping and the retention of existing trees;
     (e)   help protect the natural character and visual amenity of the Noosa River system and
           other watercourses.
The proposed location of the new clubhouse is adjacent to a particularly wide area of Mckinnon
Drive road reserve, with the property boundary being setback approximately 22m from the road
edge (refer to Figure 9 & 10). Although the proposal is within the front setback, the building is
proposed on the existing carparking area, with all existing vegetation along the boundary to be
retained (noting one tree in the carpark will be removed to accommodate the building). The
applicant has also noted that ‘a Landscape Plan has been developed by Council’s Parks and
Gardens Team to provide for additional landscaping to screen the carparking area and new
building from McKinnon Dr. There are 141 trees proposed to be planted with a range of canopy
heights and varieties selected in accordance with PSP2 – Landscaping.’ Conditions have been
included in the recommendation requiring a minimum 3m deep landscaping strip to be provided
along the Mckinnon Drive frontage for a minimum length of 60m to provide screening to the
building.




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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                 10 SEPTEMBER 2024




               Figure 9: Existing Clubhouse and vegetation along the Mckinnon Dr frontage




                                    Figure 10: Width of road reserve

The proposed location of the building, being in an existing open, cleared area of the site and being
of a scale commensurate with the existing development (ie contributing approximately 0.1% to the
total site cover) will retain the open space character and amenity of the site. Additionally, the new
building with provide increased amenity for users of the premises, given the improvements in the
building design and accessibility. The proposed location will also not have any adverse impacts on
the visual and acoustic amenity of adjoining and nearby properties, and is adequately separated
from adjoining land uses, being located approximately 150m from the nearest dwelling house. The
proposal therefore complies with PO18 of the Recreation and Open Space Zone Code.
Building Design
Acceptable Outcomes AO19.1, AO19.2 and 19.3 of the Recreation and Open Space Zone Code
seek that buildings are of a light-weight construction and incorporate natural sustainable materials
where possible, including natural timber and natural rock; buildings and structures incorporate

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                10 SEPTEMBER 2024


colours and textures that blend with and complement the natural setting through low reflective
surfaces and timbers that can fade to grey without requiring high maintenance. The applicant has
included a proposed condition (included in the recommendation) requiring the building to
incorporate colours and textures that blend with and complement the natural setting through low
reflective surfaces and timbers that can fade to grey without requiring high maintenance. The
aesthetic appeal of the proposed building is fitting for the surrounding environment and local
character. Therefore, the proposed clubhouse complies with Acceptable Outcomes AO19.1,
AO19.2 and 19.3 of the Recreation and Open Space Zone Code.
Engineering
The applicant has provided the following commentary in relation to the requirement to relocate the
existing carpark as a result of the relocated clubhouse:
     In relation to the demolition of the existing netball clubhouse and creation of the car park in
     its place:
     •     The car park will be a compacted gravel surface or an alternative material as directed
           by Council.
     •     The netball club have sufficient funds to deliver the demolition and new car park area
           and will schedule these works as soon as the new clubhouse has been constructed. At
           this, subject to construction delays, this is planned for February 2025 and is a priority
           for the club to complete prior to the netball season commencement in March.
Council’s Coordinator Engineering, Development Assessment has reviewed the application
material and provided the following comments:
     The applicant has requested conditions be included for the sealing of the carparking area
     and for stormwater controls to be undertaken as part of subsequent stages of the Noosa
     District Sports Complex Master Plan 2020-2030. The request for conditions is considered
     reasonable.
     It is noted that as the subsequent civil works are being carried out by or on behalf of Council
     the works are exempt from assessment. The applicant also provided the following
     commentary regarding stormwater management:
     Noosa Council is currently (2024) working through the development and delivery of a whole
     of complex site-based storm water management plan (SBSWMP). This SBSWMP will
     provide a storm water management plan for all current and future proposed infrastructure on
     site to draw upon water sensitive urban design principles to effective management and treat
     storm water on site while protecting the surrounding significant biodiverse vegetated areas.
     It provides an integrated and coordinated approach to storm water management at the site.
     It is requested that all future works comply with this SBSWMP including the Stage One and
     Two internal road and car park upgrades.
Given the timing of works proposed on the site, endorsed by Council in 2020 under the Noosa
District Sports Complex Master Plan, several amended and/or new conditions have also been
included in the recommendation relating to engineering requirements, in accordance with the
timing of the Master Plan.
4.   CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Other Referrals
The application was forwarded to the following internal Council specialists:
•    Coordinator Engineering, Development Assessment



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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                               10 SEPTEMBER 2024


5.    CONCLUSION & REASONS FOR DECISION
The applicant seeks approval to remove and replace the existing Netball Clubhouse being, which
remains consistent with the zoning intent for the site. Whilst the building generally meets Planning
Scheme requirements, it does not comply with front setback acceptable outcome requirements.
The proposed non-compliance is considered acceptable and meets the relevant performance
outcome in the Planning Scheme due to the overall approximate 29m setback from Mckinnon Drive
and the provision additional landscaping along the frontage to provide additional screening to the
building.
The proposed minor change is therefore recommended for approval.
Departments consulted:
     Office of the CEO, Mayor &               Community Services           Corporate Services
             Councillors
     Mayor & Councillors                   Director                     Director
     Chief Executive Officer               Community Development        Financial Services
     Executive Officers                    Sport & Active Lifestyles    Fleet
     Community Engagement                  Arts & Culture               Revenue Services
     People & Culture                      Community Connection         ICT
     Governance                            Customer Experience          Commercial Property
     Strategy & Environment &              Development & Regulation      Infrastructure Services
     Sustainable Development
     Director                          x   Director                     Director
     Strategic Land Use Planning       x   Development Assessment       Infrastructure Planning, Design
                                                                        and Delivery
     Economic     Development      &       Local Laws                   Civil and Asset operations
     Destination Management
     Environmental Services                Environmental Health         Asset Management
     Innovation & Digital Hub              Building & Plumbing          Building & Facilities
                                           Property / Permits           Disaster Management
                                                                        Waste




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