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     DEVELOPMENT ASSESSMENT REPORT
   CHANGE APPLICATION - OTHER CHANGE TO DEVELOPMENT PERMIT
   2008/176 FOR MATERIAL CHANGE OF USE FOR A RESORT COMPLEX
                            AND SHOP

                      3 - 7 SERENITY CLOSE, NOOSA HEADS
                     Lot 10 on SP195871 & Lot 11 on SP335472

File Number: 22070                                             October 2022
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Page 2

PROJECT URBAN – 22070                                                                                                            October 2022

DOCUMENT INFORMATION

Project number:                       22070

Report prepared for:                  Calile Malouf Investments Pty Ltd


DOCUMENT CONTROL

 Revision #                 Date                 Authorised by

      Final             10/10/2022                 Scott Sobey



COMPANY DETAILS

Project Urban Pty Ltd
Suite 1 Corner Surf Road & Gardak Street
ALEXANDRA HEADLAND QLD 4572
Tel: 07 5443 2844
Email: [email protected]


Disclaimer Statement

Project Urban Pty Ltd retains ownership and copyright of the contents of this document including drawings, plans, figures and other work
produced by Project Urban Pty Ltd. This document is not to be reproduced in full or any part, unless separately approved by Project Urban Pty
Ltd. The client may use this document only for the purpose of which it was prepared. No third party is entitled to use or rely on this document.

This report is based on our opinion of the town planning issues that arise from the statutory provisions relating to this site. Comments and
conclusions in or construed from this report relating to matters of law are not to be relied upon. You should only rely upon the advice of your
professional legal advisors with respect to matters of law. This report is provided on the basis that our standard Terms and Conditions apply.




DEVELOPMENT ASSESSMENT REPORT                                                                                                           Page 2
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PROJECT URBAN – 22070                                                                                                                          October 2022


TABLE OF CONTENTS

1.0     APPLICATION SUMMARY ................................................................................................................ 5
2.0     INTRODUCTION................................................................................................................................. 6
3.0     SITE DESCRIPTION........................................................................................................................... 7
4.0     PROPOSED DEVELOPMENT ........................................................................................................... 8
  4.1     EXISTING DEVELOPMENT APPROVAL ....................................................................................... 8
  4.2     PROPOSED CHANGE TO DEVELOPMENT APPROVAL ............................................................ 9
  4.3     COMPARISON BETWEEN APPROVED AND PROPOSED DEVELOPMENT ........................... 12
5.0     SUPPORTING DOCUMENTATION ................................................................................................. 13
  5.1     ARCHITECTURAL PLANS ........................................................................................................... 13
  5.2     BUSHFIRE .................................................................................................................................... 13
  5.3     CIVIL ............................................................................................................................................. 13
  5.4     GEOTECHNICAL .......................................................................................................................... 13
  5.5     LANDSCAPE................................................................................................................................. 13
  5.6     NOISE ........................................................................................................................................... 14
  5.7     STORMWATER ............................................................................................................................ 14
  5.8     TRAFFIC ....................................................................................................................................... 14
  5.9     VEGETATION ............................................................................................................................... 14
  5.10 SUSTAINABILITY ......................................................................................................................... 15
  5.11 WASTE.......................................................................................................................................... 15
6.0     STATE PLANNING INTERESTS ..................................................................................................... 16
  6.1     PLANNING REGULATION ........................................................................................................... 16
  6.2     SOUTH EAST QUEENSLAND REGIONAL PLAN 2017 .............................................................. 16
  6.3     STATE PLANNING POLICY ......................................................................................................... 16
  6.4     SCHEDULE 10 OF THE REGULATION ....................................................................................... 16
  6.5     SCHEDULE 11 OF THE REGULATION ....................................................................................... 17
7.0     PLANNING SCHEME ....................................................................................................................... 18
  7.1     DEFINITION .................................................................................................................................. 18
  7.2     LEVEL OF ASSESSMENT ........................................................................................................... 18
  7.3     STRATEGIC FRAMEWORK ......................................................................................................... 18
  7.4     OVERLAYS ................................................................................................................................... 19
  7.5     LOCAL PLAN CODE ..................................................................................................................... 20
    7.5.1 PERFORMANCE SOLUTIONS ................................................................................................ 20
  7.6     ZONE CODE ................................................................................................................................. 21
    7.6.1 PERFORMANCE SOLUTION ................................................................................................... 21
  7.7     DEVELOPMENT CODES ............................................................................................................. 24
    7.7.1 PERFORMANCE SOLUTIONS ................................................................................................ 25
8.0     CONCLUSION .................................................................................................................................. 26

ATTACHMENT 1 – Planning Scheme Code Assessment prepared by Project Urban


SUPPORTING DOCUMENTATION
Architectural - Proposal Plans prepared by Richards & Spence
Bushfire – Bushfire Hazard Assessment prepared by Litoria Consulting
Civil – Preliminary Civil Engineering Plans prepared by Alta Projects
Geotechnical – Geotechnical Investigation Report prepared by Tectonic Geotechnical
Landscape – Landscape Concept Plan prepared by Conlon Group
Noise – Environmental Noise Assessment Report prepared by TTM Consulting
Stormwater – Stormwater Management Report prepared by Alta Projects


DEVELOPMENT ASSESSMENT REPORT                                                                                                                          Page 3
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PROJECT URBAN – 22070                                                                         October 2022


Sustainability – Sustainability Strategy prepared by Cundall
Traffic – Traffic Engineering Report prepared by TTM Consulting
Vegetation – Arborist Report inc. Vegetation Management Plan prepared by Litoria Consulting
Waste – Operational Waste Management Plan prepared by TTM Consulting




DEVELOPMENT ASSESSMENT REPORT                                                                      Page 4
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PROJECT URBAN – 22070                                                                        October 2022


1.0 APPLICATION SUMMARY

 SITE DETAILS

 Address                                3 & 7 Serenity Close, Noosa Heads

 Real Property Description              Lot 10 on SP195871 & Lot 11 on SP335472

 Land Area                              24,010m² (Lot 10 – 12,130m2 & Lot 11 – 11,880m2)

 Local Authority                        Noosa Council

 Registered Landowner                   Calile Malouf Investments Pty Ltd as trustee

 Current Use                            Lot 10 Vacant & Lot 11 sales office

 PLANNING SCHEME DESIGNATIONS

 Planning Scheme                        Noosa Plan 2020

 Local Plan Area                        Noosa Heads Local Plan Area

 Zone                                   Tourist Accommodation Zone and Environmental Management
                                        and Conservation Zone

 Overlays                               •   Acid Sulfate Soils – Above 5 metres AHD to 20 metres
                                            AHD (Area 2);
                                        •   Biodiversity, Waterways and Wetlands – MSES
                                            Environmental Values & Areas of Biological Significance;
                                        •   Bushfire Hazard – High Potential Bushfire Intensity &
                                            Potential Impact Buffer; and
                                        •   Landslide Hazard – Moderate Hazard Area.

 APPLICATION DETAILS

 Applicant                              Calile Malouf Investments Pty Ltd as trustee

 Application Type                       Change Application - Other Change to Development Permit for
                                        Material Change of Use of Premises

 Proposal                               Resort Complex and Shop

 Level of Assessment                    Impact

 Referral Triggers                      •   Schedule 10, Part 9, Division 4, Subdivision 1 – State
                                            transport infrastructure generally - Accommodation activity
                                            exceeding threshold
                                        •   Schedule 10, Part 10, Division 3, Subdivision 1 -
                                            Development interfering with koala habitat in koala habitat
                                            areas outside koala priority areas



DEVELOPMENT ASSESSMENT REPORT                                                                     Page 5
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PROJECT URBAN – 22070                                                                    October 2022


2.0 INTRODUCTION

This Development Assessment Report has been prepared to support a Change Application for
an Other Change to a Development Permit for Material Change of Use of Premises 2008/176, for
a Resort Complex and Shop, for land situated at 3 – 7 Serenity Close, Noosa Heads and now
described as Lot 10 on SP195871 & Lot 11 on SP335472.

The decision notice for 2008/176 was issued by Sunshine Coast Council on 8 April 2010 and
permitted a Resort Development comprising Multiple Dwelling (109 Dwelling Units) and
Accommodation Building (90 Accommodation Units) and Ancillary Facilities.

This Change application requests an ‘other change’ to the current development permit, to amend
the form of the development and align the use definition description to that comparable under the
current planning scheme. The application seeks a Development Permit for Material Change of
use of premises for a Resort Complex and Shop to be established in accordance with the
accompanying Proposal Plans.

In accordance with Section 82 of the Planning Act 2016, for administering the change application,
and assessing and deciding the change application in the context of the development approval,
the relevant provisions apply as if the responsible entity were the assessment manager; and the
change application were the original development application, with the changes included, but
was made when the change application was made; and with necessary changes.

Under the current Noosa Plan, the site is largely included in the Tourist Accommodation Zone
with a small section included in the Environmental Management and Conservation Zone. Despite
being a preferred land use, an application for a Resort Complex and Shop is Impact Assessable
and requires assessment against the entire Planning Scheme.

The purpose of this report is to describe the characteristics of the site and surrounding land uses,
detail the proposed development and provide an assessment against the applicable planning
provisions. This report should be read in conjunction with the accompanying Development
Application Form, the existing approval and attached supporting information.

The change application complies with the requirements of section 79 of the Planning Act 2016, in
that:
• It is made in the approved form;
• Will be accompanied by the required fee upon confirmation of the fee by Council; and
• Does not require owners consent as the applicant is the owner.




DEVELOPMENT ASSESSMENT REPORT                                                                 Page 6
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PROJECT URBAN – 22070                                                                                 October 2022


3.0 SITE DESCRIPTION

The subject site is situated at 3 - 7 Serenity Close, Noosa Heads and is described as Lot 10 on
SP195871 & Lot 11 on SP335472.

The site comprises an area of 24,010m², with Lot 10 vacant and Lot 11 accommodates the sales
centre for Settlers Cove development. The site has a road frontage to Serenity Close and
Banksia Avenue and backs onto park reserve.

The site’s location and context is illustrated in the figure below:




                                                              Subject Site




                        Figure 2 – Aerial Photograph of Subject Site, Qld Globe, Accessed July 2022




DEVELOPMENT ASSESSMENT REPORT                                                                              Page 7
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PROJECT URBAN – 22070                                                                  October 2022


4.0 PROPOSED DEVELOPMENT

4.1   EXISTING DEVELOPMENT APPROVAL


The site is currently subject to a Development Permit for Material Change of Use for a Resort
Development comprising Multiple Dwelling (109 Dwelling Units) and Accommodation Building (90
Accommodation Units) and Ancillary Facilities to be assessed against the Superseded Planning
Scheme.

The approved development is arranged into seven freestanding buildings and serviced with a
common basement. A central facilities building contains the ancillary resort uses including a
restaurant, bar, day spa, shop, meeting room and conference facilities. External landscape and
recreation areas are provided including several pools. The development is 4 storeys and 15m in
height, with site access and egress points provided from Serenity Close.

The layout of this approval is illustrated below in Figure 1.




                                  Figure 1 – Extract from Approved Plans (2008/176).

This development approval has not been acted on to date and is currently being assessed for an
extension to the currency period (132008.176.04). The development approval remains current
while the assessment of the extension request is being undertaken.


DEVELOPMENT ASSESSMENT REPORT                                                               Page 8
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PROJECT URBAN – 22070                                                                  October 2022



4.2   PROPOSED CHANGE TO DEVELOPMENT APPROVAL

This Change application seeks an ‘other change’ to the current development permit, to amend
the form of the development and align the use definition description to that comparable under the
current planning scheme. The application seeks a Development Permit for Material Change of
use of premises for a Resort Complex and Shop to be established in accordance with the
accompanying Proposal Plans.

The proposed development is for a resort complex with ancillary retail. The development
comprises resort accommodation, with 178 rooms, 12 suites and 15 villas; resort facilities,
including restaurants, function rooms, indoor and outdoor recreation, well-being and open space
areas; and resort retail.

The development aspires to provide a world-class resort accommodation experience,
showcasing Noosa’s natural landscape and beauty, and delivering a flagship model for
sustainable development in Noosa. The development will provide substantial employment
opportunities and generate significant economic benefits to Noosa.

BUILT FORM

The design is a measured response to a range of relevant and sometimes conflicting parameters
including planning scheme requirements; site topography, with slope varying from 21.5m to 9m
AHD; site aspect and streetscape; vegetation preservation and enhancement; and functional
requirements to achieve a world-class resort experience.

Landscape is critical to the resort experience and integrated across the site. Large areas of deep
planting are achieved at the site perimeter and within the central landscape spine providing
multiple settings for large canopy trees. Landscaping is integrated within podiums and elevated
gardens to create a beautiful and ever-changing setting to be experienced by visitors and locals.

The master-planning of the site sees the main portion of the resort broken into two distinct
‘wings’, each emanating from a central hub in the physical centre of the Site. This allows each of
the wings to sit on a different height plane, resolving and reconciling the fall across the long
section. While both wings contain banks of rooms that overlook the bushland views to the south,
the West Wing also houses the gym, day-spa, yoga-lawn and other wellness uses; while the East
Wing accommodates the restaurants, resort retail and other hotel-related uses.

A series of 3-storey villas provide an articulated public interface to the predominant Serenity
Close frontage. Sitting well under the allowable 15 metre height limit for the development, this
strategy gives the impression of a smaller-scale residential development to the neighbouring
residential buildings opposite, while providing an architectural veil to the internalised hotel
activities and resort behind.

This design outcome provides a varied and articulated built form, responding to the sites
topography by stepping down the slope, maintaining a maximum height of 4 storeys, and
integrating with the surrounding natural landscape.
DEVELOPMENT ASSESSMENT REPORT                                                               Page 9
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PROJECT URBAN – 22070                                                                   October 2022



The development comprises a gross floor area of 19,005m2 and site cover of 40% of the Tourist
accommodation zoned area of the site.

The proposed architecture and materiality are focused on longevity and achieving an elegant and
timeless facade. The materials palette focusses on ‘earthy’ colour tones and includes light
terracotta concrete block, natural grey pre cast concrete, natural grey off form concrete, natural
stone to low level walls, natural stone slabs to walls and flooring, natural silver grey timber
balustrading, natural silver grey timber gates and natural timber frames to tenancy doors and
aluminium framed windows. Materials allocation is further detailed in the attached materials
summary plans.

SUSTAINABILITY

The project aims to encapsulate sustainable design and operation to minimise carbon emissions,
water consumption and waste generation, while enhancing the natural environment and providing
a comfortable environment. To achieve these outcomes a Sustainability Strategy Report has
been undertaken and which outlines the Ecological Sustainable Design (ESD) strategy for the
proposed resort development. Investigations are being undertaken for the resort to be Carbon
Neutral in operation including ongoing annual certification through Climate Active.

Some of the proposed sustainability inclusions are:
• Maximisation of roof solar inclusion
• Residual electricity from renewable sources
• High efficiency HVAC (heating, ventilation and air conditioning) and lighting
• Increased thermal performance of fabric
• Shading and performance glazing
• Indoor spaces to provide high environment quality from fresh air, acoustics, lighting design,
  toxins
• Management of refrigerants, low ODP (ozone depleting potential) and GWP (global warming
  potential) to reduce offset requirements
• Rainwater collection systems, used for irrigation
• Management of waste particularly organic to reduce offset requirements

In addition the resort gardens include a large edible organic rooftop garden, comprising raised
planters for easy-to-service garden beds, complete with climbing trellis arbours to host a variety
of fruiting plants, climbers, and native bush fruit species. The edible garden extents will be co-
planted with the Resort’s native species palette to ensure a balanced aesthetic, sustainable, and
low maintenance outcome. The produce and crop selection will be a collaboration between
gardener and resident chefs to ensure the harvest marries with the seasonal menu to maximise
the garden-to-plate strategy.

Further details of the proposed sustainability measures are outlined in the attached Sustainability
Strategy Report prepared by Cundall.



DEVELOPMENT ASSESSMENT REPORT                                                               Page 10
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PROJECT URBAN – 22070                                                                    October 2022

ACCESS AND PARKING

Due to the scale of the use two separate vehicular access points are proposed.

The main front of house access for guests and visitors is off the Grant Street roundabout. This
entry will direct guests to the hotel setdown and valet area, with visitors directed to the basement
carpark.

The back of house access for service vehicles and staff is off the Serenity Close cul-de-sac head.

This changed access arrangement from the currently approved access to Serenity Close will
provide significant amenity benefit improvements to Serenity Close.

Sufficient onsite car parking and service vehicle provision is achieved as shown on the proposal
plans and detailed in the attached Traffic engineering report.

LANDSCAPING

Landscaping treatments to soften the built form, provide onsite amenity, integrate with the
surrounding environment, and contribute to ecological enhancement of the Environmental
Management and Conservation Zoned portion of the site, will be provided in accordance with the
attached Landscape Concept plan.

Landscape will comprise large areas of deep planting combined with deep podium gardens and
mounding to host the robust green belt of the native Paper Bark trees. These large canopy
species providing shade and a beautiful veil of green and vertical natural tones of the bark to
compliment the central building spine combined with vast understorey of native Matt Rush,
Native Rosemary, Midgenberry and Viola.

Further horizontal layers of the many roof gardens throughout the spine hold sun hardened
vertical trailing species of Coastal Rosemary and Beach Bayhops contrasted by the rising
sculptural forms of large native cycads to further compliment the built forms.

The resorts Environmental Management and Conservation zone area which forms the backdrop
and buffer to the south will be retained and enhanced. The existing canopy of 4-14m high trees
will be complemented with proposed additional native species planting.

Total landscape area exceeds more than 30% of site area.

INFRASTRUCTURE & SERVICING

The site will be connected to all necessary infrastructure. Stormwater will be appropriately
managed in accordance with the attached Stormwater Management Plan.

Waste will be stored in the basement service area with onsite collection and manoeuvring for
waste vehicles available. Refer attached Operational waste management plan and Traffic
engineering report.
DEVELOPMENT ASSESSMENT REPORT                                                                Page 11
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PROJECT URBAN – 22070                                                                             October 2022



4.3   COMPARISON BETWEEN APPROVED AND PROPOSED DEVELOPMENT

Development Outcomes

 Development Provision                  Approved                           Proposed
 Use                                    Resort Development comprising      Resort Complex and Shop
                                        Multiple Dwelling and
                                        Accommodation Building and
                                        Ancillary Facilities
 No units/rooms                         109 Dwelling Units and 90          178 Resort Rooms, 12
                                        Accommodation Units                Resort Suites & 15 Villas
 Ancillary uses                         Restaurants, bar, day spa, shop,   Resort retail, restaurants, café,
                                        meeting rooms and conference       bar, functions rooms, day spa,
                                        facilities, swimming pools         gym, games room, swimming
                                                                           pools, tennis court
 Height                                 4 storeys                          4 storeys
 Gross Floor Area                       18,101m2                           19,005m2
 Site Cover                             34%                                40%
 Built Form                             7 free standing buildings &        7 buildings, 4 of which have
                                        interconnected basement            interconnecting roof structures &
                                                                           basement
 Car parks                              286                                251 (including 14 set down
                                                                           spaces)
 Site access                            Primary – Serenity Close           Primary – Grant Street
                                        Service – Serenity Close           roundabout
                                                                           Service – Serenity Close cul-de-
                                                                           sac head




DEVELOPMENT ASSESSMENT REPORT                                                                          Page 12
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PROJECT URBAN – 22070                                                                    October 2022


5.0 SUPPORTING DOCUMENTATION

5.1   ARCHITECTURAL PLANS

Architectural Proposal Plans prepared by Richards & Spence are attached. The plans include
site plan, typical floor plans, elevations, sections, site cover calculation plans, gross floor area
calculation plans, height plane plan and materials summary. The plans demonstrate that the
proposal results in an appropriate built form and facade to all road frontages and provides a
development outcome consistent with the character of the locality.

5.2   BUSHFIRE

A Bushfire Hazard Assessment prepared by Litoria Consulting is attached. This report assesses
site specific factors that contribute to bushfire hazard, assesses the extent of bushfire prone area
post development, and identifies whether management measures are required to achieve
compliance with state and council provisions. The results of the assessment demonstrate that
planning and management measures to mitigate bushfire hazard are not required as part of the
development and that the development complies with the relevant Noosa Plan assessment
benchmarks as the proposed development footprint avoids bushfire attack risk.

5.3   CIVIL

Preliminary civil engineering plans prepared by Alta Projects are attached. These plans include
preliminary earthworks layout and sections; preliminary services layout; preliminary stormwater
layout, sections and detail; and preliminary external roadworks layout and sections. The
engineering plans demonstrate that the site is able to be serviced with suitable urban
infrastructure.

5.4   GEOTECHNICAL

A Geotechnical Investigation Report prepared by Tectonic Geotechnical is attached. This report
undertakes a geotechnical assessment of the site conditions and provides geotechnical
recommendations regarding earthworks and footings, together with temporary and permanent
basement retention. The report concludes that provided the included recommendations are
adhered to the site will be subject to Low Risk from slope instability.

5.5   LANDSCAPE

A Landscape Concept Plan prepared by Conlon Group is attached. This plan demonstrates that
the proposal will achieve an attractive and appropriate landscape design that will complement the
character of the locality, assist in softening the built form of the proposed development, provide
amenity benefits and contribute to ecological enhancement of the Environmental Management
and Conservation Zoned portion of the site.




DEVELOPMENT ASSESSMENT REPORT                                                                Page 13
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PROJECT URBAN – 22070                                                                   October 2022

5.6   NOISE

An Environmental Noise Assessment Report prepared by TTM Consulting is attached. This
report considers the current ambient noise levels at the sites location and assesses the potential
impacts from proposed onsite noise activities. The report recommends function room facade
treatments, noise management strategies and mechanical plant screening to ensure compliance
with the planning scheme requirements.

5.7   STORMWATER

A Stormwater Management Plan prepared by Alta Projects is attached. This report demonstrates
that an appropriate stormwater outcome can be achieved, with non-worsening impacts to
surrounding and downstream properties and with no impacts on the ecological values of the
surrounding environment.

5.8   TRAFFIC

A Traffic Engineering Report prepared by TTM Consulting is attached. This report investigates
the transport aspects associated with the proposed development, including
• Parking supply required to cater for the development demand;
• Parking layout to provide efficient and safe internal manoeuvring;
• Identification of likely traffic generation and traffic distribution from the future development;
• Identification of likely traffic impact of development on the external road network;
• Access configuration to provide efficient and safe manoeuvring between the site and the
    external road network;
• Suitability of access and internal facilities to provide for pedestrian and cyclist operation;
• Access to suitable level of public transport; and
• Servicing requirement.

The report demonstrates that the proposed access arrangements are acceptable; that the
proposed parking supply is appropriate for the use; that the development will not have a
significant impact on the future road network; that service vehicle arrangements are adequate to
meet the needs of the proposed development; and that current public transport infrastructure and
proposed site provisions for pedestrian/bicycle facilities is considered adequate for the
development.

5.9   VEGETATION

An Arborist Report including Vegetation Management Plan prepared by Litoria Consulting is
attached. This report provides a current assessment of site vegetation to be retained with the
development. The report considers the previously approved development and vegetation
management requirements and provides a new tree survey within the part of the site now zoned
Environmental Management and Conservation. The report includes a Vegetation Management
Plan, detailing trees to be retained and tree protection measures.




DEVELOPMENT ASSESSMENT REPORT                                                               Page 14
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PROJECT URBAN – 22070                                                                 October 2022

5.10 SUSTAINABILITY

A Sustainability Strategy prepared by Cundall is attached. This report has been prepared as the
project aims to encapsulate sustainable design and operation to minimise carbon emissions,
water consumption and waste generation, while enhancing the natural environment and providing
a comfortable environment. The report outlines the Ecological Sustainable Design (ESD)
strategy for the proposed development. While there are no direct sustainability planning
requirements or metrics to be achieved, the development team is cognisant of the sustainability
initiatives within the Noosa Plan 2020 and Noosa Council’s sustainability commitments, including
their Carbon Neutral target. The sustainability strategy has been positioned to enable the
achievement of Carbon Neutral certification in operation.

5.11 WASTE

An Operational Waste Management Plan prepared by TTM Consulting is attached. This report
undertakes an assessment of the likely waste generation of the proposed use and provides a
guide for the design, construction and operational phases of the development to ensure
compliance with the planning scheme requirements.




DEVELOPMENT ASSESSMENT REPORT                                                             Page 15
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PROJECT URBAN – 22070                                                                     October 2022


6.0 STATE PLANNING INTERESTS

6.1     PLANNING REGULATION

The Planning Regulation 2017 (the Regulation) prescribes Assessment Benchmarks that the
application must be carried out against, which are additional or alternative to the Assessment
Benchmarks contained in the local planning instruments.

These Assessment Benchmarks are prescribed as being contained in:
• The SEQ Regional Plan, to the extent it is not appropriately integrated into the Planning
   Scheme;
• Part E of the State Planning Policy, to the extent it is not appropriately integrated into the
   Planning Scheme; and
• Schedules 10 and 11 of the Regulation.

An assessment of the relevant provisions contained in the above planning instruments and
Schedules of the Regulation are provided in the following sections of this report.

6.2     SOUTH EAST QUEENSLAND REGIONAL PLAN 2017

The site is subject to the South East Queensland Regional Plan 2017. Under the regional plan,
the subject site is included within the Urban Footprint. The Urban Footprint is intended to
accommodate the regions urban development needs. The proposal is consistent with the Urban
Footprint designation. No further Assessment against the regional plan is considered necessary.

6.3     STATE PLANNING POLICY

The State Planning Policy (SPP) defines the Queensland Government’s policies about matters of
State interest in land use planning and development. The SPP only applies to development
assessment if the planning scheme has not yet appropriately integrated the SPP.

The Noosa Plan 2020 came into effect on 31 July 2020. Under section 2.1 of the Plan, it is
specified that it appropriately integrates all matters in the SPP, with the exception of Coastal
Hazards. As the subject site is not impacted by Coastal Hazards, those elements of the SPP
that are relevant to this development are appropriately addressed in the current Noosa Plan and
as such, no further assessment against the SPP is required.

6.4     SCHEDULE 10 OF THE REGULATION

A review of Schedule 10 identifies that the development does not comprise prohibited
development, but triggers referral agency assessment. Referral is triggered under:

•     Schedule 10, Part 9, Division 4, Subdivision 1 – State transport infrastructure generally -
      Accommodation activity exceeding threshold
•     Schedule 10, Part 10, Division 3, Subdivision 1 - development interfering with koala habitat in
      koala habitat areas outside koala priority areas
DEVELOPMENT ASSESSMENT REPORT                                                                 Page 16
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PROJECT URBAN – 22070                                                                  October 2022



The State Development Assessment Provisions (SDAP) provide assessment benchmarks for the
assessment of development applications where the chief executive is the assessment manager
or a referral agency.

Relevant matters of state codes are addressed in the attached Traffic Engineering Report and
Arborist Report/Vegetation Management Plan.

6.5   SCHEDULE 11 OF THE REGULATION

Schedule 11 of the regulation provides Assessment benchmarks for development on premises in
Koala priority areas not interfering with koala habitat or development in identified Koala broad-
hectare areas.

Schedule 11 of the regulation is not applicable to the proposed development as the site is not
located within a Koala priority area or a Koala broad-hectare area.




DEVELOPMENT ASSESSMENT REPORT                                                              Page 17
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PROJECT URBAN – 22070                                                                      October 2022


7.0 PLANNING SCHEME
Under the current Noosa Plan 2020 the site is included within the Noosa Heads Local Plan Area
and the Tourist Accommodation Zone and Environmental Management and Conservation Zone.

An assessment of the applicable provisions of the Noosa Plan has been undertaken below.

7.1   DEFINITION

The proposed development is defined under the Noosa Plan 2020 as:

Resort Complex - means the use of premises for—
   (a) Tourist and visitor accommodation that includes integrated leisure facilities (examples of
       integrated leisure facilities—bars, meeting and function facilities, restaurants, sporting and
       fitness facilities); or
   (b) Staff accommodation that is ancillary to the use in paragraph (a); or
   (c) Transport facilities for the premises (a ferry terminal or air service for example).

Shop - means the use of premises for—
       displaying, selling or hiring goods; or providing personal services or betting to the public.

Comment: The proposed development will be established in accordance with the above
definitions.

7.2   LEVEL OF ASSESSMENT

In accordance with Section 82 of the Planning Act 2016, the assessment of this application is to
be administered as if the responsible entity (Noosa Council) were the assessment manager, and
the change application were the original development application, with the changes included.

Under the Tables of Assessment for the Tourist Accommodation Zone and the Environmental
Management and Conservation Zone, the assessment of this application is subject to Impact
Assessment, with the applicable assessment benchmarks being the planning scheme.

7.3   STRATEGIC FRAMEWORK

The proposed Resort complex and Shop are identified as consistent use under the lands Tourist
Accommodation Zone and as such are considered consistent with the Strategic Framework.

Specifically the proposal supports the strategic outcomes, in that it is consistent with the intended
settlement pattern; contributes to community well being; contributes to the range of available
visitor accommodation; will not result in any biodiversity or environmental impacts; will not impact
transport and movement infrastructure; can be connected to infrastructure and services; and
appropriately responds to natural hazards and resilience.




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PROJECT URBAN – 22070                                                            October 2022

7.4   OVERLAYS

The following overlays exist upon the site:

 Overlay                                      Comment
 Acid Sulfate Soils
                                              The site is mapped in part as potentially
                                              subject to acid sulfate soils being within
                                              Area 2 (above 5m to 20m AHD). Standard
                                              conditions can be imposed to address acid
                                              sulfate soils management including the
                                              requirement for an acid sulfate soils report
                                              to be submitted with a subsequent
                                              operational works application.




 Biodiversity, Waterways and Wetlands
                                              The site is mapped in part as an area of
                                              biodiversity significance and having a matter
                                              of    state     environmental    significance
                                              environmental value. These overlays have
                                              been assessed in the attached Arborist
                                              Report and Vegetation Management Plan
                                              and which demonstrates that the proposed
                                              development will not have any adverse
                                              biodiversity or environmental impacts. The
                                              new development allows for greater
                                              retention and enhancement of trees within
                                              the site, particularly within the southern
                                              portion of the site now zoned Environmental
                                              Management and Conservation

 Bushfire Hazard
                                              The site is mapped as having high potential
                                              bushfire intensity and medium potential
                                              bushfire intensity. These overlays have
                                              been assessed in the attached Bushfire
                                              Hazard Assessment prepared by Litoria
                                              Consulting. The results of the assessment
                                              demonstrate that planning and management
                                              measures to mitigate bushfire hazard are
                                              not required as part of the development and
                                              that the development complies with the
                                              relevant     Noosa       Plan      assessment
                                              benchmarks as the proposed development
                                              footprint avoids bushfire attack risk.



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PROJECT URBAN – 22070                                                                     October 2022

 Landslide Hazard
                                                      The site is mapped in part as having
                                                      moderate landslide hazard. This overlay
                                                      has been addressed in the attached
                                                      Geotechnical Investigation Report prepared
                                                      by Tectonic Geotechnical.        This report
                                                      undertakes a geotechnical assessment of
                                                      the     site  conditions     and    provides
                                                      geotechnical recommendations regarding
                                                      earthworks and footings, together with
                                                      temporary and permanent basement
                                                      retention.    The report concludes that
                                                      provided the included recommendations are
                                                      adhered to the site will be subject to Low
                                                      Risk from slope instability.




7.5     LOCAL PLAN CODE

The site is included in the Noosa Heads Local Plan Area.

An assessment of the Local Plan Code has been included within Attachment 1. The assessment
has determined that the proposed development complies with all relevant performance
outcomes. Where acceptable outcomes are not met, a performance solution demonstrating
compliance with the corresponding performance outcome is provided below.

7.5.1     PERFORMANCE SOLUTIONS

AO7.1 Development takes the form of small separate buildings rather than large single bulky
buildings, stepping down slopes where applicable and not visually dominating the street,
beachfront, riverfront, adjacent properties, surrounding spaces or the existing skyline.

Performance Solution:
The development complies with the acceptable outcome to the extent the built form steps down
the slope and does not visually dominate the street with the villa structures at the street front
taking the form of small separate buildings. It is not possible for the main resort room buildings to
take the form of small separate buildings as this outcome will not enable delivery of an
appropriate world-class resort accommodation experience, as a viable high quality resort
requires consolidation of hotel suites and services in close proximity in order to achieve efficiency
of servicing, maintenance and guest convenience.

The main resort room buildings will not however result in any detrimental impact or visually
dominate the street, adjacent properties, surrounding spaces or the existing skyline as they are
at a lower level and largely screened by the street front Villas and frontage vegetation and are
well articulated with balconies, stepping façades, varied fenestration, balustrades, and planting.
The building facing the rear park reserve is also well screened by existing vegetation to break the
facade appearance.

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PROJECT URBAN – 22070                                                                   October 2022



The design complies with performance outcome PO7 in that the buildings, structures and
landscaping is integrated with the natural landscape and reflect the … hillside character and
setting of the local plan area in terms of form, composition and protection of neighbourhood
amenity.

7.6     ZONE CODE


The site is largely included within the Tourist Accommodation Zone, with a small portion in the
Environmental Management and Conservation Zone.

Despite approaches to Council, no definitive confirmation of the Tourist Accommodation Zone
area was attainable. Assessment and calculations are based on zone area of 2.1877 hectares,
as established from Councils report for file no 08/0176 and included in the Agenda for the
Strategy & Planning Committee meeting of 31 March 2010 and which area was relied on in
Planning & Environment Court Appeal 190 of 2013.

An assessment of the Zone Codes has been included within Attachment 1. The assessment has
determined that the proposed development complies with all relevant performance outcomes.
Where acceptable outcomes are not met, performance solution demonstrating compliance with
the corresponding performance outcome is provided below.

7.6.1     PERFORMANCE SOLUTION

Tourist Accommodation Zone

AO9.1 Buildings and other structures have a building height of no more than:
(a) Noosa Heads …. with the exception of:
Lots 10 and 11 SP195871, Serenity Close where building height is no more than 15 metres;

Performance Solution:
Refer attached height plan which demonstrates that the majority of the development has a height
of no more than 15m. There are small roof edge and services intrusions from 0.28m to 1.335m
above the height limit. These intrusions are well away from site boundaries and will have no
impact on surrounding areas. A more substantial intrusion of 3.9m is also proposed for a service
lift to the roof. This is proposed for safety and maintenance purposes given the substantial
amount of mechanical and other equipment intended for the roof. Servicing and replacing these
items would be difficult without lift access, with anything too heavy to carry needing to be craned
to the roof which would be noisy and disruptive to the site and surrounding users. This lift is
placed centrally within the site and would not be visible from any surrounding public areas.

The proposed height intrusions will comply with performance outcome PO9 as the overfall
building and structures remain low rise and present a building height consistent with structures
on adjoining and surrounding premises; The intrusions will not visually dominate the street or
surrounding areas; will preserve the amenity of surrounding premises including privacy, views


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PROJECT URBAN – 22070                                                                    October 2022

and access to sunlight; respect the scale of any nearby vegetation, retaining a vegetated skyline;
respond to the topography of the site; and maintain a maximum building height of four storeys.

AO13.1 Except where otherwise specified in a local plan code, buildings and structures meet the
following minimum boundary setbacks:

In the Noosa Heads Local Plan Area (excluding the Hastings Street Mixed Use Precinct):
(a)     6 metres from the front boundary for up to two storeys;
(b)     10 metres from the front boundary for the third and fourth storey;

Performance Solution:
All setbacks comply with the exception of minor intrusions of Villas 7 and 15 into the required
third level 10m front setback. These minor setback intrusions are negligible and to building
corners only, and result due to the varying alignment of the road frontage boundary. There will be
no noticeable setback intrusions with the finished development appearance.

The proposed setbacks will comply with performance outcome PO13 as the buildings will still
provide a high level of amenity to users of the subject site and adjoining premises; will not
unreasonably obstruct views or cause overlooking of private open space or habitable areas of
adjoining premises; provide adequate distance from adjoining land uses; preserve existing
vegetation that will help buffer development; and are consistent with the predominant character
of the surrounding area, maintaining the visual continuity and pattern of buildings and landscape
elements within the street

AO14.6 Development consists of small separate buildings rather than large bulky buildings with
no more than six units attached in one plane.

AO14.7 Buildings incorporate both vertical and horizontal articulation such that no unbroken
elevation is longer than 15 metres without a change in plane of at least 750 millimetres

Performance Solution:
While the villa structures at the street front have been designed in the form of small separate
buildings, with no more than six units attached in one plane, it is not possible for the main resort
room buildings to take the form of small separate buildings as this outcome will not enable
delivery of an appropriate world-class resort accommodation experience. A viable high quality
resort requires consolidation of hotel suites and services in close proximity in order to achieve
efficiency of servicing, maintenance and guest convenience.

The main resort room buildings will not however result in any detrimental impacts and will provide
a visually appealing and integrated design outcome. The buildings are at a lower level and
largely screened by the small scale street front Villas and frontage vegetation and are well
articulated with balconies, stepping façades, varied fenestration, balustrades, and planting. The
bulk of the main building facing the rear park reserve is broken vertically by the inclusion of
recessed external stairwells and planters. These buildings will also be well screened by existing
vegetation to break the facade appearance. The overall development appearance will not
visually dominate the street, adjacent properties, surrounding spaces or the existing skyline.

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PROJECT URBAN – 22070                                                                        October 2022



The proposed development outcome is considered to comply with performance outcome PO14
as it incorporates a high standard of architectural and landscaping design and creates attractive
and functional buildings, streets and places; addresses and enhances the streetscape by
incorporating articulation and individual design elements that add visual interest to the
development; has a form and architectural scale that does not dominate the streetscape or the
surrounding properties; and does not detract from the visual amenity of adjoining properties such
as the impact on views, access to sunlight or overlooking. The overall presentation to
surrounding streetscape and adjoining spaces will not present as a large single bulky
development.

AO17 Basements:
(a)  are limited to one access a maximum of 6 metres wide; and
(b)  do not encroach into building setback areas.

Performance Solution:
Due to the size of the site and operational requirements of the use, two separate vehicular
access points to the basement are proposed, neither of which encroach into building setback
areas. One access is front of house for guests and visitors and the other access is back of
house for service vehicles and staff.

The proposal complies with performance outcome PO17 as the basements visually integrate with
the building; do not dominate the street or building design; are screened through landscaping and
other built from elements; and do not present as a storey to the street.

AO18.1 Front fences or walls are set back an average of 1 metre and are articulated to provide
visual interest by stepping the design at a maximum of 5 metre intervals.

Performance Solution:
While front fencing is setback more than 1m and is articulated, it has lengths of up to 8m. The
acceptable outcome appears to more relate to situations where built to boundary fencing
elements are included, rather than the proposed outcome which has the fencing setback behind
a 1.5m landscape width.

The proposed fencing outcome complies with performance outcome PO18 as it will contribute to
the attractiveness of the streetscape; be compatible with the existing streetscape character;
provide planting in front of solid fences and walls; and ensure plantings between the front fence
and the footpath does not create an impediment for pedestrians using the footpath.

AO20.2 Development does not include roof top terraces.

Performance Solution:
A roof terrace and garden is proposed to part of the rear portion roof level of the western resort
wing. The context of the roof terrace and garden is seen on sections E and F. As shown, the
level of the roof garden is lower than the roof levels of adjoining parts of the built form and will not
result in any dominant impact as the highest part of the building. Higher level roof components
will ensure articulation in overall roof form.
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PROJECT URBAN – 22070                                                                   October 2022



The roof terrace/garden complies with performance outcome PO20 as the developments overall
roof from will contribute positively to the local skyline; complement the character of the locality
and the topography of the site; and will not create opportunities for overlooking the private open
space or internal spaces of neighbourhood properties.

AO24.1 Cut or fill is less than 1.5 metres in depth relative to the ground level

Performance Solution:
Due to the slope of the site cut and fill of more than 1.5m in depth is required to achieve an
integrated development outcome. This is however largely achieved as built form modification
rather than any substantial external retaining structures, with all external boundary interfaces
being less than 1.5m in depth as required by the acceptable outcome.       All earthworks will be
undertaken in accordance with the attached Geotechnical Investigation.

The proposed works will achieve compliance with performance outcome PO24 as the
development outcome will not impact on landscape amenity and will have minimal impact on the
natural landform of the site.

7.7     DEVELOPMENT CODES


While the application is assessable against the entire planning scheme the following
development codes are considered most applicable to the proposed development:

•     Visitor Accommodation Code;
•     Business Activities Code;
•     Works Codes
      o Driveways and Parking Code;
      o Earthworks Code;
      o Existing Services Code;
      o Fire Services for Common Private Title Code;
      o Landscaping Code;
      o Sustainable Building Design Code;
      o Transport Code;
      o Water Quality and Drainage Code; and
      o Waste Management Code.

Comment: An assessment of the Visitor Accommodation and Business Activities codes are
included within Attachment 1. The code assessment has determined that the proposed
development complies with all relevant performance outcomes. Where acceptable outcomes are
not met, a performance solution demonstrating compliance with the corresponding performance
outcome is provided and discussed in section 8.7.1 below.

The assessment against the relevant Works Codes has determined that the proposed
development generally complies with all of the development codes. Further details will be


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PROJECT URBAN – 22070                                                                 October 2022

provided at operational works and building works stages. Any specific matters can be addressed
by conditions if required.

7.7.1     PERFORMANCE SOLUTIONS

Visitor Accommodation Code

AO23.2 Accommodation units are provided with private open space or a balcony directly
accessible from a habitable room that:
(a)    is a minimum area of 6m²;
(b)    has a minimum dimension of 2 metres; and
(c)    does not accommodate air conditioning units

Performance Solution:
The guest rooms are large rooms, with a lounge and small table/chairs and integrated balcony
with a maximized operable facade to provide an indoor-outdoor experience. While the balconies
are typically only 1m in width, with an area of 4.2m2, the maximized operable façade, with fully
openable full height doors ensures appropriate private open space is achieved. No air
conditioning units are located on balconies to impact the experience.

This proposed indoor-outdoor arrangement is considered to comply with performance outcome
PO23 for the rooms to have access to a reasonable level of private outdoor living space.

Business Activities Code

AO16 Parking is provided in accordance with Table 9.4.2.4 of the Driveways and Parking Code.

Performance Solution:
The proposed resort retail (shop) is associated with and ancillary to the main resort complex
function. Refer attached traffic engineering report that details car parking requirements and
outcomes and demonstrates that sufficient car parking is available to accommodate the number
and type of vehicles likely to be generated by the use on site in compliance with PO16.




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PROJECT URBAN – 22070                                                                 October 2022


8.0 CONCLUSION

This Development Assessment Report has been prepared on behalf of Calile Malouf Investments
Pty Ltd, to support a Change Application for an Other Change to Development Permit for Material
Change of Use of Premises 2008/176, which permitted a Resort Development comprising
Multiple Dwelling (109 Dwelling Units) and Accommodation Building (90 Accommodation Units)
and Ancillary Facilities in respect of land at 3 & 7 Serenity Close, Noosa Heads and now
described as Lot 10 on SP195871 & Lot 11 on SP335472.

The application requests an ‘other change’ to the current development permit, to amend the form
of the development and align the use definition description to that comparable under the current
planning scheme and obtain a Development Permit for Material Change of use of premises for a
Resort complex and Shop to be established in accordance with the accompanying Proposal
Plans.

The site is included under the Noosa Plan 2020 within the Noosa Heads Local Plan Area and
largely the Tourist Accommodation Zone, with a small area of Environmental Management and
Conservation Zone. The proposal is subject to impact assessment.

This report demonstrates the proposals compliance with the applicable state and local planning
provisions, including the following:

•   The proposed development is for a use consistent with the development intent for the site
    under the Noosa Plan 2020;

•   The proposed development complies with the applicable performance outcomes of the Noosa
    Heads Local Plan Code;

•   The proposed development complies with the applicable performance outcomes of the
    Tourist Accommodation Zone Code;

•   The proposed development complies with the applicable performance outcomes of the
    Environmental Management and Conservation Zone Code;

•   The proposed development complies with the performance outcomes of applicable
    development codes;

•   Where acceptable outcomes of codes are not met, a performance solution demonstrating
    compliance with the corresponding performance outcome is provided;

•   The proposed development appropriately responds to all planning scheme overlays;

•   The proposed development is consistent with the state planning provisions.

Approval of the proposed Resort complex and Shop is warranted.




DEVELOPMENT ASSESSMENT REPORT                                                             Page 26
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Page 27

ATTACHMENT 1

 

Planning Scheme Code Assessment

Page 28

NOOSA HEADS LOCAL PLAN CODE
Amenity and Function
Performance Outcomes                  Acceptable Outcomes                  Comment
Development in the Noosa Heads Local Plan Area generally (All Zones)
PO1                                                                        Complies
Development enhances the role of      No acceptable outcome provided       The development is for a resort
Noosa Heads as the principal focus                                         complex, which will enhance the role
for visitor accommodation and                                              and focus of Noosa Heads for visitor
services in Noosa Shire with high                                          accommodation. The site has a high
levels of accessibility to outdoor                                         level of accessibility to outdoor
recreational pursuits and urban                                            recreational pursuits and urban
services.                                                                  services.
PO2                                                                        Complies
Development contributes to the        No acceptable outcome provided       While the primary focus of the
lifestyle and amenity of residents of                                      development is for visitor
Noosa Heads and its surroundings                                           accommodation, it provides facilities
and services coastal communities                                           that will be accessible and therefore
to the south­east.                                                         contribute to the lifestyle and amenity
                                                                           of residents of Noosa Heads and its
                                                                           surroundings.
PO3                               AO3.1                                    Not Applicable
Development contributes to the    Development adjacent to a gateway        Site not adjacent to a gateway or
establishment of attractive       or special place or on land identified   special place or on land identified as
streetscapes to enhance the       as a key corner in Figure 7.2.5.4        a key corner.
character of Noosa Heads.         (Noosa Junction Framework and
                                  Character plan) or Figure 7.2.5.5
                                  (Hastings Street Framework and
                                  Character plan):
                                  (a) incorporates architectural and
                                       landscape treatments which
                                       emphasise the corner location
                                       as shown in Figure AP3­10A and
                                       Figure AP3­10B; and
                                  (b) incorporates building materials
                                       such as varied roof forms,
                                       changes in materials and
                                       variations in projected and
                                       recessed elements and
                                       facades.

                                  AO3.2                                   Not Applicable
                                  Development adjacent to a primary       Site not adjacent to a primary
                                  streetscape treatment area on Figure streetscape treatment area.
                                  7.2.5.4 (Noosa Junction Framework
                                  and Character plan) or Figure 7.2.5.5
                                  (Hastings Street Framework and
                                  Character plan) provides streetscape
                                  improvements which are appropriate
                                  to the location, setting and context of
                                  the development and complement
                                  existing or proposed streetscape
                                  works in the local area.

                                  AO3.3                                    Not Applicable
                                  Development on Key Development           Site not a Key Development Site.
                                  Sites identified on Figure 7.2.5.4
                                  (Noosa Junction Framework and
                                  Character Plan) incorporates a high
                                  standard of architectural design and
                                  landscape treatment consistent with
                                  the streetscape character.

                                  Editor’s Note— For further
                                  guidance and context in

Page 29

                                       interpreting the Framework and
                                       Character Plans please refer to
                                       PSP7 ­ Framework and Character
                                       Plans.
PO4                                    AO4                                     Not Applicable
The visual amenity and character       Development adjacent to the major       Site not adjacent to the major road
surrounding the major road network     road network, particularly Sunshine     network.
and entrance roads, is protected and Beach Road, Eenie Creek Road,
enhances the entrances to Noosa        Noosa Drive and Noosa Parade
Heads.                                 incorporates landscaping that
                                       complements the natural species
                                       occurring in the local area, protects
                                       existing vegetation within the road
                                       reserve and incorporates design
                                       elements that add visual interest to
                                       the streetscape.
PO5                                    AO5                                     Complies
Development retains enhances the       Development retains and enhances        Existing mature trees will be retained
existing mature trees and character    existing mature trees and character     where possible outside of the
vegetation contributing to the         vegetation contributing to the          development footprint.
vegetated backdrop, character and      vegetated backdrop, character and       Supplementary planting will be
habitat values of the local area.      habitat values of the local plan area, provided to the southern boundary
                                       including:­                             area, enhancing the retained trees
                                       (a) Noosa National Park and Weyba contributing to the vegetated
                                            Creek conservation areas;          backdrop, which frames the local plan
                                       (b) the vegetated hills which frame     area. Furthermore, the amended
                                            Noosa Heads, Laguna Bay,           design allows for the preservation of
                                            Noosa Inlet and Hastings Street; significantly more existing vegetation
                                       (c) the foreshore areas of the Noosa than the current approved
                                            River, Lake Weyba, Weyba           architectural scheme.
                                            Creek and their associated
                                            riparian communities;
                                       (d) Noosa Spit/Noosa Woods;
                                       (e) street trees along Hastings
                                            Street;
                                       (f) the vegetated drainage lines
                                            through residential estates; and
                                       (g) other character vegetation where
                                            identified in Figure 7.2.5.4
                                            (Noosa Junction Framework and
                                            Character plan) or Figure 7.2.5.5
                                            (Hastings Street Framework and
                                            Character plan)
PO6                                    AO6.1                                   Complies
Development retains significant views Development does not intrude upon Development does not intrude upon
and vistas contributing to the setting important gateways and sightlines       important gateways and sightlines.
and character of the local plan area. including:
                                       (a) significant views to the ocean,
                                            Noosa River and coastal
                                            lowlands from streets, beaches
                                            and other public places;
                                       (b) the vegetated backdrop of Noosa
                                            Hill as seen from Noosa Main
                                            Beach and the Hastings Street
                                            area;
                                       (c) views from Hastings Street to
                                            Main Beach;
                                       (d) vistas over Laguna Bay and to
                                            the Noosa National Park and the
                                            vegetation stands and hills within
                                            Little Cove;
                                       (e) the scenic view of Noosa
                                            National Park and Weyba Creek
                                            from Cooloola and Weyba Park
                                            Estates; and
                                       (f) vistas across Noosa River from
                                            Noosa Sound.

Page 30

                                       AO6.2                                Not Applicable
                                       For Noosa Junction Major Centre and Site not within Noosa Junction Major
                                       Hastings Street Visitor Centre,      Centre or Hastings Street Visitor
                                       buildings and structures do not      Centre.
                                       significantly interrupt or encroach
                                       upon key contextual views as
                                       identified on Figure 7.2.5.4 (Noosa
                                       Junction Framework and Character
                                       plan) and Figure 7.2.5.5 (Hastings
                                       Street Framework and Character
                                       plan) and shown in Figure 7.2.5.7,
                                       Figure 7.2.5.8, and Figure 7.2.5.10.

                                       AO6.3                                  Not Applicable
                                       Buildings and other structures visible Site not visible from the beach.
                                       from the beach or public spaces use
                                       materials and finishes that
                                       complement the beachside character
                                       and integrate with the surrounding
                                       natural landscape and skyline
                                       vegetation.

                                       AO6.4                                    Not Applicable
                                       Views of building or structures from     Site not visible from the beach.
                                       the beach are framed or filtered
                                       through vegetation.
                                       Editor's note— Refer to Figure AP3­
                                       3A

Built Form and Streetscape
Performance Outcomes                    Acceptable Outcomes                     Comment
Built Form and Streetscape
PO7                                     AO7.1                                   Performance Outcome
Buildings, structures and landscaping Development takes the form of small       Refer Development Assessment
is integrated with the natural          separate buildings rather than large    Report.
landscape and reflect the beachside, single bulky buildings, stepping down
riverside or hillside character and     slopes where applicable and not
setting of the local plan area in terms visually dominating the street,
of form, composition and protection of beachfront, riverfront, adjacent
neighbourhood amenity.                  properties, surrounding spaces or the
                                        existing skyline.
                                                                                Complies
                                       AO7.2                                    Buildings and structures have a scale
                                       Buildings and structures have a scale    and building height consistent with
                                       and building height consistent with      development on adjoining and
                                       development on adjoining and             surrounding land and outcomes
                                       surrounding land.                        anticipated for the site that have been
                                                                                established within the current
                                                                                approval.
                                       AO7.3
                                       Buildings and structures preserve the Complies
                                       amenity of adjoining land including   Buildings and structures will preserve
                                       sunlight to neighbouring properties.  the amenity of adjoining land
                                                                             including sunlight to neighbouring
                                                                             properties.
                                       AO7.4
                                       Development respects the scale of     Complies
                                       surrounding vegetation and            The development respects the scale
                                       maximises the opportunity for         of surrounding vegetation,
                                       retention of existing vegetation and  incorporates soft landscape between
                                       incorporates soft landscaping         buildings and provides supplementary
                                       between buildings.                    planting to the southern boundary
                                                                             area, enhancing the retained trees.
                                                                             Furthermore, the amended design

Page 31

                                                                               allows for the preservation of
                                                                               significantly more existing vegetation
                                                                               than the current approved
                                                                               architectural scheme.


                                       AO7.5                                     Complies
                                       Buildings and structures:                 The proposed design incorporates
                                       (a) incorporate articulated roof forms articulated roof forms visible from the
                                            which are visible from the street; street; a mixture of materials,
                                       (b) incorporate a mix of lightweight including brick, stone cladding, timber
                                            and textured external building       balustrades and off form concrete;
                                            materials or materials that reflect provides variation through articulation
                                            the natural environment such as and detailing; incorporates open
                                            timber and rock face;                balconies; and has an understated
                                       (c) provide variation through             colour scheme, with low­reflective
                                            articulation, texture and detailing; roofing and cladding materials;
                                       (d) incorporate verandahs, open           resulting in a high quality design
                                            balconies or shaded patios for       aesthetic and development that will
                                            outdoor living, with open,           enhance the local area.
                                            transparent or semi­open
                                            balustrades;
                                       (e) use understated colour schemes
                                            and low­reflective roofing and
                                            cladding materials.

                                       Editor's note— Refer to Figure
                                       AP3­3A

Centres and Services
Performance Outcomes                   Acceptable Outcomes                     Comment
Centres and Services
PO8                                                                            Not Applicable
The Noosa Heads local plan             No acceptable outcome provided          Site not within a centre zone.
area is serviced by the following
centres that provide business,
entertainment and community
activities consistent with the
Noosa Shire Centres Hierarchy:
(a) Noosa Junction Major
     centre;
(b) Quamby Place
     Neighbourhood centre; and
(c) Hastings Street Visitor
     centre.
PO9                                    AO9.1                                   Not Applicable
Noosa Junction is a major activity     Development in Noosa Junction is to     Site not within Noosa Junction.
centre servicing the coastal part of   be generally in accordance with
Noosa Shire providing a wide range     Figure 7.2.5.4 ( Noosa Junction
of centre activities and employment    Framework and Character Plan).
including:
(a) retail uses of supermarkets and    AO9.2
     specialty retail;                 The redevelopment of the former
(b) commercial and professional        Bowls site in Noosa Junction
     office space;                     includes the dedication of land zoned
(c) creative industries;               Recreation and Open Space Zone
(d) education;                         with a minimum area of 1,000m2 to
(e) health and wellbeing;              be located generally in accordance
(f) entertainment activities;          with Figure 7.2.5.4 (Noosa Junction
(g) small dwellings in mixed­use       Framework and Character Plan).
     format;
(h) high quality open space and
     public realm; and
(i) a transport hub.

Page 32

PO10                                  AO10                                     Not Applicable
Development reinforces the main       Development on Sunshine Beach            Site not on Sunshine Beach Road,
street character of Hastings Street,  Road between Noosa Drive and             Arcadia Street, Lanyana Way or
Sunshine Beach Road, Arcadia Street Berrima Row, Arcadia Street, the           Hastings Street.
and the northern side of Lanyana      northern side of Lanyana Way and
Way with a pedestrian scale of        Hastings Street is attractive, vibrant
development and visual linkages to    and pedestrian friendly.
open space and natural areas such
as Noosa National Park, Noosa Hill    Editor's note— Refer to Figure
and Noosa Main Beach and Pinaroo 7.2.5.6 and Figure 7.2.5.9 for
Park.                                 character and built form outcomes for
                                      Hastings Street and Sunshine Beach
                                      Road.
PO11                                  AO11                                     Not Applicable
 Development in a Centre zone or      Development:                             Site not within a Centre zone or
Tourist Accommodation zone in         (a) respects the layout, scale           Tourist Accommodation zone in
Hastings Street:                          (including height and setback)       Hastings Street.
(a)    is sympathetic to the              and character of development on
       existing character,                adjoining sites;
       streetscape and built form;    (b) includes detailing and
(b)    contributes to the variety         articulation for horizontal
       of low set and walk up             emphasis;
       building styles in the         (c) provides a fine scale of built
       streetscape;                       form;
(c)    creates vibrant and active     (d) provides active street frontages
       streets and public spaces; and     where identified as primary
(d)    provides integrated and            active street frontage on Figure
       functional car parking and         7.2.5.4 (Noosa Junction
       access arrangements that do        Framework and Character plan)
       not dominate the street.           or Figure 7.2.5.5 (Hastings
                                          Street Framework and Character
                                          plan) that incorporate
                                          shopfronts, indoor/outdoor cafes
                                          and restaurants and other
                                          activities that are likely to foster
                                          casual, social and business
                                          interaction for extended periods.
                                          Refer to Figure AP3­8A for
                                          design outcomes for active
                                          streetscapes.
                                      (e) has building openings
                                          overlooking the street and
                                          addressing key corners as
                                          indicated on Figure 7.2.5.4
                                          (Noosa Junction Framework and
                                          Character plan) or Figure 7.2.5.5
                                          (Hastings Street Framework and
                                          Character plan) and Figure
                                          AP3­7A; and
                                      (f) includes the provision of
                                          landscaping, shaded seating and
                                          consistent and simple paving
                                          materials on footpaths consistent
                                          with the character of its setting
                                          including where shown as
                                          primary streetscape treatment
                                          area on Figure 7.2.5.4 (Noosa
                                          Junction Framework and
                                          Character plan) or Figure 7.2.5.5
                                          (Hastings Street Framework and
                                          Character plan).
PO12                                                                           Not Applicable
Development in the Neighbourhood      No acceptable outcome provided           Site not within the Neighbourhood
Centre zone at Quamby Place                                                    Centre zone at Quamby Place.
provides dining options and lower
order goods and services to support
the day­to­day needs of residents

Page 33

and visitors.
PO13                                      AO13.1                                 Not Applicable
Development is high quality, low rise     Pedestrian pathways in and around      Site not in Hastings Street.
and pedestrian focussed reinforcing       Hastings Street are maintained for
the character of Hastings Street as a     pedestrians as the priority and
principal focal point for visitors.       business activities extending to
                                          pathways is limited in extent.


                                          AO13.2
                                          There is no decrease in the amount
                                          of public open space in or around
                                          Hastings Street.

                                          AO13.3
                                          Vehicular access to Hastings Street
                                          is gained via Noosa Drive only.
PO14                                                                             Not Applicable
Development within the Community        No acceptable outcome provided           Site not within the Community
Facilities zone contributes to                                                   Facilities zone.
community infrastructure, utilities and
services.
PO15                                                                             Complies
Office and retail businesses in Noosa No acceptable outcome provided             The proposed retail businesses are a
Heads are typically of a smaller scale                                           small scale and are ancillary/
while large floorplate and land                                                  complimentary to the resort function.
intensive uses including showrooms,
bulky goods and outdoor sales are
more appropriately located in
Noosaville.

Housing Choice
Performance Outcomes                      Acceptable Outcomes                    Comment
Housing Choice
PO16                                      AO16                                   Not Applicable
Residential development within the        Residential dwellings within the Major Site not within the Major Centre zone.
Major Centre zone incorporates            Centre zone:
small dwellings that provide long         (a) do not exceed a floor area of
term housing for employees and                100m2; and
students.                                 (b) are part of a mixed­use
                                              development with non­residential
                                              uses at the ground level.
PO17                                                                             Not Applicable
Sites currently used or approved for      No acceptable outcome provided         Site not currently used or approved
residential care facilities continue to                                          for residential care facility.
provide such services into the future.
PO18                                                                             Not Applicable
Development in the Low Density            No acceptable outcome provided         Site not within the Low Density
Residential zone maintains a high                                                Residential zone.
level of residential amenity for
permanent residents.

Visitor Facilities
Performance Outcomes                      Acceptable Outcomes                    Comment
Visitor Facilities
PO19                                                                             Complies
Development in the Tourist                No acceptable outcome provided         The development provides for a
Accommodation zone and other                                                     resort complex that will support the
resort complexes provide visitor                                                 role of Noosa Heads as a tourism
accommodation into the future to                                                 focus area.
preserve and support the role of
Noosa Heads as a tourism focus
area.

Page 34

Noosa River
Performance Outcomes                     Acceptable Outcomes                     Comment
Noosa River
PO20                                      No acceptable outcome provided.        Not Applicable
Commercial development on or                                                     Site not on the Noosa River.
adjacent to the Noosa River:
(a) provides for uses for marine
     facility purposes only, including
     water transport and boat hire;
(b) is compatible with the scenic
     values of the waterway;
(c) provides a high level of amenity,
     including ensuring low ambient
     noise levels;
(d) does not increase the overall
     scale and intensity of commercial
     operations;
(e) ensures no net increase in gross
     floor area of building and
     structures;
(f) uses materials, natural finishes
     and colours that blend with the
     surrounding natural landscape;
     and
(g) reflects the character and setting
     of the waterfront locality (such as
     timber and tin construction with a
     traditional pitched roof design).
PO21                                     AO21.1                                  Not Applicable
Commercial development on and            No additional commercial leases are No commercial leases proposed.
adjacent to the Noosa River is not       created on or adjacent to the Noosa
increased or expanded beyond             River.
existing building footprints and
structures within existing lease         AO21.2
areas.                                   Development does not increase the
                                         overall building footprint, gross floor
                                         area or height of buildings or
                                         structures associated with commercial
                                         jetties.

PO22                                                                          Not Applicable
The loading and unloading of          No acceptable outcome provided.         No commercial ferry operation
passengers and boat docking is                                                proposed. Proposed ferry operation
confined to the commercial lease                                              is ancillary to resort for guests only.
areas of the respective commercial
operation.

Access and Connectivity
Performance Outcomes                  Acceptable Outcomes                     Comment
Access & Connectivity
PO23                                  AO23                                    Not Applicable
Development integrates with and       Development on land including or        Site is not on land including or
extends the existing street and       adjoining a key pedestrian/cycle link   adjoining a key pedestrian/cycle link.
pathway networks including but        shown on Figure 7.2.5.4 (Noosa
not limited to those identified on    Junction Framework and Character
Figure 7.2.5.4 (Noosa Junction        plan) and Figure 7.2.5.5 (Hastings
Framework and Character plan)         Street Framework and Character
and Figure 7.2.5.5 (Hastings          plan) facilitates these connections.
Street Framework and Character
plan) such that connections to and
between key local destinations are
provided and reinforced.

Page 35

PO24                                      AO24                                      Not Applicable
Development of Lot 3 on                   A link road is constructed to Council's Site is not Lot 3 on RP884396.
RP884396, being the former Noosa          specifications as part of the first stage
Heads bowls club, provides a new          of re­development of Lot 3 RP884396
road link connecting Noosa Drive          generally in accordance with Figure
near Pinnaroo Park to Lanyana             7.2.5.4 (Noosa Junction Framework
Way to improve local connectivity.        and Character Plan) and is dedicated
                                          to Council at no cost.
PO25                                                                                Complies
Development:                              No acceptable outcome provided            Refer attached traffic engineering
(a) avoids the generation of                                                        report.
    excessive traffic or amenity
    impacts on Hastings Street,
    Noosa Parade or Noosa Drive;
(b) avoids through traffic on
    residential streets;
(c) maintains Hastings Street as a
    narrow traffic way;
(d) minimises the potential for
    conflict between pedestrian and
    vehicular traffic by consolidating,
    rather than increasing vehicular
    access points across footpaths;
    and
(e) ensures car parking does not
    dominate the streetscape.

Environment, Natural Resources and Recreation
Performance Outcomes                 Acceptable Outcomes                    Comment
Environment, natural resources and recreation
PO26                                 AO26                                   Not Applicable
Development has no significant       Connecting Habitat Areas as            The site is not identified as a
adverse impacts on biodiversity,     identified on Map SFM­4 - Biodiversity Connecting Habitat Area.
natural vegetation, native fauna     (Strategic Framework) are protected
habitat, landscape quality, water    from fragmentation and
quality or cultural heritage values, encroachment by development.
including those related to—
(a) changes to natural drainage;
(b) disturbance to any wetland
     system;
(c) management of fire risk;
(d) erosion and the transport of
     sediments off site;
(e) unmanaged public access;
(f) changes to fauna habitat and
     behaviour.
PO27                                 AO27                                   Not Applicable
Development maintains and protects Open space corridors identified as       The site is not identified as an Open
an integrated open space network     Ecological Linkages and Major          space corridor.
to—                                  Recreation areas on Map SFM­1 ­
(a) provide passive and active       Settlement and Map SFM­4 ­
     recreational pursuits;          Biodiversity (Strategic Framework)
(b) provide connectivity for         are enhanced and protected from
     pedestrians and cyclists;       fragmentation and encroachment by
(c) provide habitat connectivity for development.
     wildlife and fish passage;
(d) protect watercourses and
     drainage lines;
(e) protect vegetation on steep
     slopes; and
(f) form a scenic backdrop for
     residential development.

Page 36

TOURIST ACCOMMODATION ZONE CODE
Role and function
Performance Outcomes                    Acceptable Outcomes                      Comment
Role and Function
PO1                                                                              Complies
Development provides a focus for        No acceptable outcome provided           Development provides for visitor
visitor accommodation and a range                                                accommodation in the form of a
of ancillary retail, food and                                                    Resort complex with ancillary retail,
beverage and entertainment uses                                                  food and beverage and
that contribute to the tourism focus                                             entertainment uses.
of Noosa Shire.
PO2                                     AO2                                      Complies
Development provides for a range        Development provides for one or          Development provides for resort
of visitor accommodation activities     more of the following activities which   accommodation with ancillary non-
and non-residential uses                may be in conjunction with non-          residential uses.
accommodated in mixed-use               residential uses in a mixed-use
buildings, where such activities are    building format:
compatible with and ancillary to the    (a) resort accommodation;
predominant functions of the zone       (b) short-term accommodation.
as visitor accommodation.
PO3                                     AO3.1                                    Complies
Business uses are secondary to          Businesses offer food and drink          The business uses are food and drink
accommodation uses and support          outlets, small scale retail and          outlets and small scale retail which
recreational activities and surrounding entertainment activities to residents    are secondary to the resort
accommodation facilities without        and visitors.                            accommodation.
compromising or competing with
Major Centres or District Centres.      AO3.2                                    Complies
                                        Banks, professional offices,             No banks, professional offices,
                                        supermarkets, discount department        supermarkets, discount department
                                        stores, showrooms, hardware              stores, showrooms, hardware stores
                                        stores and health care services do       or health care services are proposed.
                                        not establish in the Tourist
                                        accommodation zone.
PO4                                     No acceptable outcome provided           Not Applicable
Development fronting Hastings Street,                                            Site does not front Hastings Street,
Duke Street and parts of Gympie Tce,                                             Duke Street or Gympie Terrace.
reinforces the role of Noosa Shire as
a major coastal tourism destination
and visitor accommodation area,
providing a range of small-scale
boutique retail and outdoor dining
experiences with accommodation
above, and strong visual and
pedestrian linkages with the beach
and Noosa River foreshore area and
nearby community uses.
Noosaville                              AO5                                      Not Applicable
PO5                                     Non-residential uses are limited to      Site is not in Noosaville.
Development is predominantly of a       Gympie Terrace, Weyba Road and
residential nature to accommodate       Thomas Street, where:
visitors with ancillary uses limited to (a) Development has a non-
Gympie Terrace, Thomas Street and            residential activity component of
Weyba Road.                                  no more than 20% of the gross
                                             floor area on the site;
                                        (b) Uses on the ground floor are
                                             commercial with uses above the
                                             ground floor predominately
                                             residential; and
                                        (c) For sites not designated as
                                             having a primary active street
                                             frontage as shown on Figure
                                             7.2.4.4 (Noosaville Framework
                                             and Character Plan), the
                                             number of non-residential

Page 37

                                          tenancies developed on a site
                                          does not exceed the rate of one
                                          per 12 accommodation units or
                                          dwellings, provided that non-
                                          residential uses with a use area
                                          over 100m² are calculated as
                                          one tenancy per 100m2 or part
                                          thereof.
Hastings Street Mixed Use Precinct AO6.1                                   Not Applicable
PO6                                  The number of non-residential         Site is not in Hasting Street.
For Hastings Street Mixed Use        tenancies developed on a site
Precinct uses above the ground floor provides a ratio of at least 20
are predominantly of a residential   accommodation units or dwellings to
nature to accommodate visitors.      one non residential tenancy, provided
                                     that non-residential uses with a use
                                     area over 100m² are calculated as
                                     two tenancies.

                                         AO6.2
                                         New non-residential uses are limited
                                         to the ground floor. Refer to Figure
                                         6.3.4.4 showing the mixed-use
                                         character outcomes for the Hastings
                                         Street Mixed Use Precinct.
PO7                                      No acceptable outcome provided         Complies
The following sites are protected for                                           Site is Lots 10 & 11 SP195871 at 3-7
the purpose of a resort complex or                                              Serenity Close and proposed for
short-term accommodation to the                                                 resort complex use. No permanent
general exclusion of permanent                                                  Accommodation is proposed.
residents:
(a) located within the Hastings Street
     Mixed Use Precinct;
(b) on Lot 1 SP286680, 215 David
     Low Way, Peregian Beach;
(c) all lots on SP151409 and
     SP190823, 3-5 Morwong Drive,
     Noosa Heads, (Viridian Noosa
     Resort);
(d) on Lots 10 or 11 SP195871, 3–7
     Serenity Close, Noosa Heads
     (Settlers Cove resort site);
(e) on Lot 203 SP267424, 94 Noosa
     Drive, Noosa Heads (RACV
     Resort );
(f) on Lots 201, 8000 and common
     property on SP290680, 75 Resort
     Drive, Noosa Heads (Parkridge
     Noosa);
(g) on GTP102758, 73 Hilton
     Terrace, Noosaville (Ivory Palms
     Resort);
(h) on SP115731, 3 Hilton Terrace,
     Tewantin (Noosa Lakes Resort);
(i) on Lot 2 RP135678, 1 Beach
     Road, Noosa North Shore;
(j) on Lot 2 SP186169, 30 Beach
     Rd, Noosa North Shore;
(k) at Lot 500 SP215779, Lot 500
     SP186174 or is not any of the
     Beach Road Holiday Homes, 90
     Beach Road, Noosa North Shore;
(l) Lot 2 on RP865533, 2 Halse
     Lane, Noosa Heads (Halse
     Lodge).

Page 38

(m) Lot 4 on SP178340 at 61 Noosa
     Springs Drive, Noosa Heads.
PO8                                  No acceptable outcome provided             Not Applicable
Lot 1 SP286680, 215 David Low Way,                                              Site is not at Peregian Beach.
Peregian Beach provides for a
diversity of short-term
accommodation types, including low-
cost visitor accommodation, to cater
for a range of visitor accommodation
experiences.

Built Form
Performance Outcomes                       Acceptable Outcomes                  Comment
Built Form
Building Height                            AO9.1                                    Complies /Performance Outcome
PO9 - Buildings and other structures:      Buildings and other structures have a While height does not exceed 4
(a) are low rise and present a             building height of no more than:         storeys, there are some minor
    building height consistent with        (a) Noosa Heads– 12 metres with          intrusions above 15m. Refer
    structures on adjoining and                 the exception of:                   Development Assessment Report.
    surrounding premises;                       (i) Lots 10 and 11 SP195871,
(b) do not visually dominate the                      Serenity Close where
    street or surrounding areas;                      building height is no more
(c) preserve the amenity of                           than 15 metres; and
    surrounding premises including              (ii) Lot 3 SP126203, Lot 203
    privacy, views and access to                      SP267424, and any lot on
    sunlight;                                         SP203415 or SP203417, 94
(d) respect the scale of any nearby                   - 142 Noosa Drive; and Lot 2
    vegetation, retaining a vegetated                 on RP865533, 2 Halse Lane
    skyline;                                          where building height is no
(e) respond to the topography of the                  more than 8 metres; and
    site;                                       (iii) the northern side of Hastings
(f) have a maximum building height                    Street:
    of:                                               (A) within 7 metres of the
    (i). Noosaville– three storeys                         Hastings St alignment –
           and appear no more than                         building height is no
           three storeys from any                          more than 6 metres;
           elevation; or                              (B) balance area of the site
    (ii). Coastal Communities –                            – building height is no
          (A) Sunshine Beach– three
                                                           more than 15 metres
               storeys ;
                                                           with a 12 metres
          (B) Peregian Beach- two
               storeys; or                                 presentation to the
    (iii). Noosa Heads—three                               beach; and
           storeys with the exception           (iv). the southern side of
           of:                                        Hastings Street:
           (A) Lots 10 and 11                         (A) within 10 metres of the
                SP195871, Serenity                         Hastings St or Noosa
                Close where a                              Drive alignments –
                maximum height of four                     building height of no
                storeys is permitted                       more than 6 metres;
           (B) Lot 3 SP126203, Lot                    (B) balance area of the site
                203 SP267424, and all                      – building height of no
                lots on SP203415 or                        more than 15 metres; or
                SP203417, 94 - 142              (v). Noosaville and Sunshine
                Noosa Drive; and Lot 2                Beach – building height of
                on RP865533, 2 Halse                  no more than 12 metres; or
                Lane where a                    (vi). Noosa North Shore,
                maximum height of two                 Peregian Beach, Boreen
                storeys is permitted;                 Point and Tewantin– building
           (C) the northern side of                   height of no more than 8
                Hastings Street within 7              metres.
                metres of the Hastings
                                           AO9.2                                Complies
                St alignment – two                                              Exposed external facades comply
                                           Where excavation is required, the
                storeys; and balance

Page 39

                 area of site four storeys maximum portion of the exposed         with height requirement of AO9.1.
                 excluding where           external façade of the building cannot
                 fronting the beach        exceed the building height in AO9.1
                 where buildings have a
                 three storey              Editor's note—refer to figure AP3-13A
                 presentation to the
                                           Alternative provision to the QDC
                 beach; or
            (D) the southern side of
                 Hastings Street within
                 10 metres of the
                 Hastings St or Noosa
                 Drive alignments – two
                 storeys; and balance
                 area of the site – four
                 storeys; or
     (iv). Noosa North Shore, Boreen
            Point and Tewantin – two
            storeys
Building Scale and Bulk                    No acceptable outcome provided         Complies
PO10                                                                              The development is of a scale
Development:                                                                      compatible with surrounding
(a) is of a scale compatible with                                                 development, with smaller separated
     surrounding development and the                                              built form of 3 storeys height along
     particular circumstances of the                                              the Serenity Close frontage, and the
     site; and                                                                    larger built form stepping down the
(b) does not present an appearance                                                site slope to a maximum 4 storeys in
     of bulk to adjacent properties,                                              height. The development frontage is
     roads or other areas in the                                                  well screened with existing verge
     vicinity of the site.                                                        vegetation and proposed frontage
                                                                                  landscaping, with the rear of the site
                                                                                  adjoining park reserve which is
                                                                                  heavily vegetated with mature tall
                                                                                  trees, providing screening to built
                                                                                  form.
PO11                                       AO11                                   Complies
The maximum site cover does not            For a dwelling house, site cover does Site cover does not exceed 40%
exceed:                                    not exceed 40% of the site area.       calculated on a zone area of
(a) 45% in the Hastings Street mixed                                              21,877m2.
     use precinct ; or                     Alternative provision to the QDC
(b) 45% where a mixed use
     development incorporating non-
     residential uses with frontage to:
     (i) 185-207 Gympie Terrace or,
           235-257 Gympie Terrace,
           Noosaville; or
     (ii) Thomas St, Noosaville; or
     (iii) Duke Street, Sunshine
           Beach; or
(c) 40% where not listed above.
PO12                                       AO12.1                                 Complies
The maximum plot ratio does not            For a dwelling house on Noosa North Plot ratio does not exceed 1:1.
exceed:                                    Shore there is no increase in gross
(a) In Noosa Heads –                       floor area beyond buildings in
    (i) 1.12:1 of the site area if in the existence on the date of the
           Hastings Street mixed use       commencement of the planning
           precinct;                       scheme.
    (ii) 1:1 of the site area if on Lots
           10 and 11 SP195871,             OR
           Serenity Close;
                                           AO12.2
    (iii) 0.4:1 of the site area if on
                                           For a dwelling house in any locality
           SP190823, SP151409,             other than Noosa North Shore plot
           SP174665, Viewland Drive; ratio does not exceed 0.65:1.
    (iv) 0.4:1 of the site area if on
           Lots 6 and 7 on SP178340

Page 40

            Resort Drive being the Noosa
            Springs;
    (v) 0.4:1 of the site area if on Lot
            2 on RP865533, Halse Lane;
    (vi) 0.65:1 of the site area if on
            Lot 3 SP126203, Lot 203
            SP267424, SP203417, 94
            Noosa Drive; or
    (vii) 0.65:1 of the site area where
            not listed above.
(b) In Tewantin and Boreen Point –
     0.65:1 of the site area.
(c) In Coastal Communities – 0.65:1
     of the site area excluding Duke
     Street, Sunshine Beach where it
     is 0.8:1 of the site area.
(d) In Noosaville:
     (i) where a mixed use buildings
            incorporating non-residential
            uses, 0.8:1 of the site area
            for properties from 185-207
            Gympie Terrace, and 235-
            257 Gympie Tce, or with
            frontage to Thomas Street
            Noosaville; or
     (ii) 0.65:1 of the site are where
            not listed above.
(e) On Noosa North Shore the gross
     floor area does not exceed-
       (i) for 30 Beach Road,
              described as Lot 2
              SP186169 - 2770m2;
       (ii) for 90 Beach Road,
              described as Lot 500
              SP215779 - 3786m2;
       (iii) otherwise - no increase to
              gross floor area beyond
              buildings in existence on
              the date of the
              commencement of the
              planning scheme.
Setbacks                                  AO13.1                              Complies/ Performance Outcome
PO13                                      Except where otherwise specified in Refer Development Assessment
Buildings and other structures are        a local plan code, buildings and    Report.
designed and sited to:                    structures meet the following
(a) provide a high level of amenity to minimum boundary setbacks:
     users of the subject site and
     adjoining premises, including        In the Noosa Heads Local Plan
     provision of visual and acoustic     Area (excluding the Hastings
     privacy;                             Street Mixed Use Precinct):
(b) not unreasonably obstruct views (a) 6 metres from the front boundary
     or cause overlooking of private           for up to two storeys;
     open space or habitable areas of (b) 10 metres from the front
     adjoining premises;                       boundary for the third and
(c) provide adequate distance from             fourth storey;
     adjoining land uses;                 (c) From side boundaries:
(d) preserve existing vegetation that          (i) 1.5 metres setback up to
     will help buffer development;                   4.5 metres height;
(e) allow for space and landscaping            (ii) 2 metres setback between
     to be provided between buildings                4.5 metres - 7.5 metres
     including adequate area at                      height; and
     ground level for landscaping with         (iii) 2 metres plus 500

Page 41

    trees, shrubs, outdoor living and           millimetres for every 3
    utilities;                                  metres or part thereof
(f) be consistent with the                      above 7.5 metres height;
    predominant character of the      (d) 6 metres from the rear boundary
    surrounding area, maintaining the      for up to two storeys; and
    visual continuity and pattern of  (e) 8 metres from the rear boundary
    buildings and landscape                for the third and fourth storey.
    elements within the street; and
(g) protect the natural character and AO13.2                                Not Applicable
    avoid adverse impacts on          Within urban boundaries all cabins,
    ecologically important areas such caravans, recreational vehicles or
    as the beach, Noosa River,        tent sites are set back:
    national parks and other          (a) 12 metres from the road frontage;
    parklands.                             and
                                      (b) 5 metres from any other site
                                           boundary

                                       Alternative provision to the QDC

Design
Performance Outcomes                    Acceptable Outcomes                    Comment
Design
Streetscape                             AO14.1                                 Complies
PO14                                    Building design incorporates design    The development incorporates
Development:                            elements to add visual interest and    design elements to add visual
(a) incorporates a high standard of     amenity (such as windows, sun          interest including windows, recessed
    architectural and landscaping       shading devices, balconies, varying    windows as sun shading devices,
    design and creates attractive and railing treatments or a change           balconies, and changes in building
    functional buildings, streets and of building material).                   material.
    places.
(b) addresses and enhances the          Editor's note— refer to figure 6.3.2.4
    streetscape by incorporating        and figure 6.3.2.5
    articulation and individual design
    elements that add visual interest AO14.2                                   Complies
    to the development;                 Development on site has the main       The main pedestrian entry is from
(c) provides non-discriminatory         pedestrian entrance easily             Serenity Close and is easily
    access where floor levels are       recognisable from the street.          recognisable from the street.
    raised to meet flood immunity;
(d) enables direct visual connection AO14.3                                    Not Applicable
    between the street, footpath and Where fronting Gympie Terrace or          Site does not front Gympie Terrace
    interior of the building where      Thomas Street spaces between           or Thomas Street.
    located on Hastings Street,         the building and the road reserve is
    Gympie Terrace or Thomas            not used for car parking or vehicular
    Street;                             manoeuvring.
(e) makes the most of corner sites by
    addressing both frontages;          AO14.4                                 Not Applicable
(f) has a form and architectural        Where floor levels are raised to       Site not subject to flooding.
    scale that does not dominate the accommodate flooding or projected
    streetscape or the surrounding      sea level rise the building design
    properties;                         must be designed to engage with the
(g) does not detract from the visual footpath by having an external
    amenity of adjoining properties     terrace within the front setback area
    such as the impact on views,        that is set at an intermediate level
    access to sunlight or overlooking; between the footpath and the main
(h) takes the form of small separate ground floor that is suitable for
    buildings, rather than large single outdoor trading, dining, seating or
    bulky development;                  display of goods. An example is
(i) sits within a landscaped setting; shown in Figure 6.3.4.5
    and
(j) visually screens site utilities or  AO14.5                                 Complies
    integrates them with the design of Development on corner sites address The development provides
    the development.

Page 42

both streets by including openings,     appropriate address to both Serenity
balconies and architectural features    Close and Banksia Avenue.
to both frontages. Figure AP3-
7A shows corner treatment for
buildings requiring active street
frontages such as Hastings Street,
Thomas Street and Gympie Terrace.

AO14.6                                Performance Outcome
Development consists of small         Refer Development Assessment
separate buildings rather than large  Report.
bulky buildings with no more than six
units attached in one plane.

AO14.7                                  Performance Outcome
Buildings incorporate both vertical     Refer Development Assessment
and horizontal articulation such that   Report.
no unbroken elevation is longer than
15 metres without a change in plane
of at least 750 millimetres.

AO14.8                              Complies
Subtle changes in colours, textures The design includes subtle changes
and materials are used to break up  in colours, textures and materials.
the building facades and complement
the natural environment.

AO14.9                                  Complies
On site development incorporates        The development proposes frontage
landscaping in front building           landscape that will complement and
setback areas and footpath areas        enhance the existing character of the
that is in character with existing or   site locality.
planned streetscape themes.

Editor's note—refer to figure AP3-
5A for example of landscape
treatments.

AO14.10                                 Complies
Waste storage areas, clothes drying     Waste, storage and services are
areas, letter boxes, detached           located in the basement.
carports and external storage areas
are sited and designed to
complement the architecture and
landscaping of the site.

AO14.11                                 Not Applicable
For a dwelling house, development       The proposal does not include
provides visual interest to the street  a dwelling house.
and the surrounding area through:
(a) limiting the vertical distance
    between the ground and the
    lowest suspended floor to no
    more than 3 metres;
(b) limiting the length of any external
    wall in one plane to 15 metres;
    and
(c) ensuring each external wall
    includes at least two design
    elements such as verandahs,
    external stairs, window
    openings, awnings or porches.

Page 43

PO15                                     AO15.1                                    Not Applicable
Development with frontage to             Development ensures that the ground Site does not have frontage to
Hastings Street Noosa Heads,             storey level of a premise on a site:      Hastings Street, Gympie Terrace or
Gympie Terrace Noosaville or Duke (a) provides a fine scale built form;            Duke Street.
Street Sunshine Beach, presents a        (b) incorporates shopfronts with at
particularly high quality streetscape         least 50% transparent glazing to
with design elements and building             provide pedestrian interest and
forms that:                                   promote active street fronts;
(a) contribute to the creation of an     (c) has building openings
     attractive, contemporary coastal         overlooking the street;
     built form that defines rather than (d) incorporates indoor/outdoor food
     dominates, the street and public         and drink outlets and other
     spaces;                                  activities that are likely to foster
(b) provide a pedestrian friendly             casual, social and business
     facade and incorporates activities       interaction built to the boundary
     located at ground level to create        of the active street frontage; and
     a vibrant streetscape with high     (e) includes the provision of
     levels of activity and casual            landscaping, shaded seating and
     surveillance; and                        consistent footpath treatment that
(c) incorporates dense street                 conforms to the wider existing or
     planting and a variety of alfresco       planned streetscape theme.
     dining or sitting areas serving as
     local meeting places
Car parking and access                   AO16.1                                    Complies
PO16                                     On site car parking is not located        No car parking is located between
On site car parking:                     between the building and the road         the building and the road reserve.
(a) does not detract from people         reserve;
     dominated streetscape;
(b) is generally screened from the       or
     street to avoid visually
     dominating the streetscape;         AO16.2
(c) is accessed via a single ingress     Where   not located on Hastings Street
                                         Noosa Heads, Gympie Terrace
     and egress point; and
                                         Noosaville, or Duke Street Sunshine
(d) is accessed via a secondary road
                                         Beach, uncovered spaces may be
     where possible to 16inimize         located in front of the building
     driveways on Gympie Terrace,        providing they are separated from the
     Hastings Street and Duke Street. road reserve by a 2 metre wide
                                         landscaped buffer.

                                        AO16.3                                Not Applicable
                                        No additional vehicle access ways are Site is not on Duke Street, Hastings
                                        created:                              Street, or Gympie Terrace.
                                        (a) on the north-western side of
                                            Duke Street, between Douglas
                                            Street and Bryant Street,
                                            Sunshine Beach
                                        (b) on Hastings Street, west of
                                            Noosa Drive, Noosa Heads;
                                        (c) on Gympie Terrace, between The
                                            Cockleshell and Weyba Road,
                                            Noosaville.
Basements                               AO17                                  Performance Outcome
PO17                                    Basements:                            Refer Development Assessment
Basements:                              (a) are limited to one access a       Report.
(a) visually integrate with the             maximum of 6 metres wide; and
    building;                           (b) do not encroach into building
(b) do not dominate the street or           setback areas.
    building design;
(c) are screened through                Editor’s Note— refer to figure 6.9.2
    landscaping; and
(d) do not present as a storey to
    the street.

Page 44

Front fences and walls                  AO18.1                                 Complies / Performance Outcome
PO18                                    Front fences or walls are set back an Refer Development Assessment
Front fences and walls are designed average of 1 metre and are articulated Report.
and sited to:                           to provide visual interest by stepping
(a) contribute to the attractiveness of the design at a maximum of 5 metre
    the streetscape;                    intervals.
(b) be compatible with the existing
    streetscape character;              AO18.2                                 Not Applicable
(c) avoid interference with movement Where located on the boundary:            No built to frontage fencing is
    of surface stormwater;              (a)  the solid portion of front fences proposed.
                                             and walls is no more than 1.2
(d) allow for casual surveillance of
                                             metres high; or
    the street;
                                        (b) the walls contain openings or
(e) provide planting in front of solid       materials that ensure it is 50%
    fences and walls; and                    transparent and has a height not
(f) ensure plantings between the             exceeding 1.8 metres.
    front fence and the footpath does
    not create an impediment for        AO18.3                                 Not Applicable
    pedestrians using the footpath.     Solid front fences and walls may be    No solid built to frontage fencing is
                                        1.8 metres in height if the property   proposed.
                                        has frontage to an arterial road or a
                                        distributor road.

                                       AO18.4                                  Complies
                                       The area of land between the front      Appropriate landscaping will be
                                       fence and the boundary is               provided between front fencing and
                                       landscaped to screen the fence from     the street.
                                       the street, however, landscaping
                                       does not encroach more than 500
                                       millimetres into the road reserve or
                                       within 1.5 metres of a sealed
                                       footpath.

                                     Editor's note—refer to figure AP3-4A
                                     and figure AP3-4B
PO19                                 AO19                                   Not Applicable
To the northern side of Hastings     Fences between buildings and the       Site is not in Hastings Street.
Street, fences between buildings and beach:
The Parade (Noosa Main Beach) are (a) are no more than 1.5 metres in
designed and sited to be sympathetic     height;
to the scenic amenity of the         (b) are setback 500 millimetres from
beachfront and do not degrade the        the property boundary; and
beachfront character.                (c) are of glass construction or
                                         where a solid construction, are of
                                         colours and finishes that blend
                                         with the natural landscape and
                                         are screened by vegetation
                                         between the fence and the
                                         property boundary.

                                       Editor's note—refer to Figure AP3-
                                       14A for design outcomes along
                                       Noosa parade (Boardwalk)
Roof form
PO20                                   AO20.1                                Not Applicable
Roof forms:                            The main roof of the building has a   Site within Noosa Heads local plan
(a) contribute positively to the local roof pitch no less than 5 degrees and area.
    skyline;                           has minimum 600 millimetre eaves to
(b) complement the character of the at least 75% of the perimeter of the
    locality and the topography of the building excluding where located in:
    site;                              (a) the Coastal Communities local
(c) avoid box profiles/parapets; and        plan area; or
(d) do not create opportunities for    (b) the Noosa Heads local plan area.
    overlooking the private open
    space or internal spaces of
    neighbourhood properties.

Page 45

                                      AO20.2                                 Performance Outcome
                                      Development does not include roof      Refer Development Assessment
                                      top terraces.                          Report.

                                      AO20.3                                 Complies
                                      The total width of any parapet wall    Parapet walls are integrated with
                                      does not exceed 50% of the width of    flush roof design and roof planters.
                                      the front facade of a building.

Safety and Amenity
Performance Outcomes                  Acceptable Outcomes                    Comment
Safety and Amenity
PO21                                  AO21.1                                 Complies
Development ensures that the          Buildings and structures:              Buildings will not overlook private
design of the development and         (a) are sited and orientated to        open space of adjacent residential
operation of uses;                         minimise the likelihood of        uses and will not impact sunlight to
(a) provide a high level of amenity        overlooking the private open      adjoining residences; and the
    to users of the subject site;          space of adjacent residential     development incorporates fencing
    and                                    uses;                             and landscaping to external
(b) do not unreasonably impact on     (b) avoid reduction of sunlight to at boundaries.
    the amenity enjoyed by users           least 40% of the private open
    of adjoining or nearby                 space areas of any adjoining
                                           residences to less than 2 hours
    premises, including privacy
                                           between 9:00am and 3:00pm on
    and access to sunlight.
                                           any day of the year;
                                      (c) incorporate fencing, landscaping
Editor's note—Provisions for sill          and screening to mitigate impacts
height, glazing, screening and             on adjoining residential uses.
window openings are to improve        Editor's note—refer to figure AP3-
the residential amenity for           1A and figure AP3-2A
occupants. Thermal performance
requirements are contained in         AO21.2                                Complies
Queensland Development Code           Dwellings and visitor accommodation Appropriate noise attenuation will be
MP4.1 Sustainable Buildings.          units established as part of a mixed- included in the development – refer
Energy efficiency requirements are    use development incorporate suitable attached Acoustic Report.
contained in the National             noise attenuation measures to reduce
Construction Code.                    amenity impacts from business or
                                      entertainment uses.

                                      AO21.3                                 Complies
                                      Transparent doors and windows are      No transparent doors or windows will
                                      designed and located so they do not    face other transparent doors or
                                      directly face transparent doors or     windows within 10m.
                                      windows or the private open
                                      space areas of other dwellings or
                                      accommodation units within 10
                                      metres;

                                      AO21.4                                Complies
                                      Where windows, balconies, terraces, No overlooking of private open space
                                      verandahs or decks overlook or have or habitable room windows will result.
                                      the potential to overlook the private
                                      open space of nearby properties or
                                      view into habitable room windows
                                      within 10 metres—
                                      (a) windows have a sill height of not
                                           less than 1.7 metres above
                                           finished floor level;
                                      (b) windows and other openings are
                                           permanently screened to a
                                           minimum height of 1.7 metres to
                                           avoid overlooking;
                                      (c) windows and doors use
                                           translucent glazing to obscure
                                           views; or

Page 46

                                       (d) windows or balconies are offset
                                           by 45 degrees or more.

                                      Editor's note—refer to figure
                                      AP3-1C

                                      AO21.5                                     Complies
                                      Screens, pergolas, landscaping             No upper level rooms will overlook
                                      and architectural design of                the ground floor private open space
                                      balconies are used to screen the           of another room.
                                      ground floor private open space of
                                      dwellings from separate upper-
                                      level dwellings.

                                      AO21.6                                     Not Applicable
                                      Permanently fixed external                 No external screening devices are
                                      screening devices complement               proposed or required.
                                      the building's external materials
                                      and finishes and may incorporate
                                      solid translucent screens, shutters,
                                      perforated panels or trellises which
                                      have a maximum of 50%
                                      openings.

                                      Editor's note—refer to figure
                                      AP3-1B
PO22                                  AO22.1                                     Complies
Development, including mechanical     Communal outdoor recreational              Communal outdoor recreational
plant, vehicle manoeuvring,           facilities including swimming pools,       facilities are located internal to the
commercial kitchens, and communal spas and sports courts are:                    site and are well separated from
outdoor recreation uses:              (a) setback at least 12 metres from        surrounding development.
(a) do not have an adverse effect on        the boundary of land in the Low
    the amenity enjoyed by users of         Density Residential Zone,
    adjacent or nearby premises             Meduim Density Residential
    through emission of noise, light,       Zone or High Density
    fumes or smoke;                         Residential Zone and screened
(b) do not cause unreasonable               by a 5 metre wide buffer densely
    disturbance to local fauna              planted with trees and shrubs
    through light or smoke emissions.       including species from 1 metre
                                            to 8 metres in height; or
                                      (b) located internally to the
                                            arrangement of buildings on
                                            the site; and
                                      (c) not used between the hours
                                            of 9:00pm and 6:30am the
                                            following day

                                       AO22.2                                    Complies
                                       For a lit sports court:                   The tennis court is located more than
                                       (a) the court is located at least 60      60m from external walls of nearby
                                           metres from the external wall of      development.
                                           an existing or approved dwelling
                                           on adjoining or nearby premises
                                           (as measured from the centre
                                           line of the court); and
                                       (b) the vertical illumination resulting
                                           from direct, reflected or other
                                           incidental light emanating from
                                           the site does not exceed 8 lux
                                           when measured at any point 1.5
                                           metres outside the boundary
                                           and at any level from ground
                                           level upward; and
                                       (c) any floodlighting is restricted to
                                           the types that give no upward
                                           component of
                                           light where mounted horizontally

Page 47

                                          (i.e. a full cut off luminare).

                                      AO22.3                                  Complies
                                      Outdoor or semi-enclosed common         Outdoor common areas are located
                                      areas used for serving or drinking      internal to the site and are well
                                      alcohol, or designated outdoor          separated from surrounding
                                      smoking areas are:                      development.
                                      (a) setback at least 15 metres from
                                          the boundary of land in a Low
                                          Density Residential Zone,
                                          Medium Density Residential
                                          Zone or High Density
                                          Residential Zone and screened
                                          by a 5 metre wide buffer densely
                                          planted with trees and shrubs
                                          including species from 1 metre
                                          to 8 metres in height; or
                                      (b) located internally to the
                                          arrangement of buildings on
                                          the site.
                                                                            Complies
                                      AO22.4
                                                                            Mechanical plant is appropriately
                                      Mechanical plant is:
                                                                            located and screened.
                                      (a) located at least 2 metres
                                          from side or rear property
                                          boundaries;
                                      (b) where located at ground level,
                                          screened by fencing 1.5 metres
                                          in height or dense vegetation of
                                          at least 1.5 metres in width
                                          incorporating grouped trees and
                                          shrubs with a maximum
                                          separation distance of 1 metre
                                          measured from the centre of the
                                          plant;
                                      (c) where located above ground
                                          level, enclosed or screened such
                                          that it is not visible from the
                                          street frontage nor adjoining
                                          properties; and
                                      (d) visually integrated into the line
                                          and plane of the building and
                                          roof design and does not project
                                          beyond the height or width of
                                          the building when viewed from
                                          the street and adjoining
                                          properties.

                                      Editor’s Note— Mechanical plant
                                      includes generators, motors,
                                      compressors and pumps such as air-
                                      conditioning or pool equipment.
PO23                                  AO23.1                                  Complies
On site car parking areas are         Car parking spaces are accessible to    Carparking areas are proposed to be
accessible to residents, customers,   residents, customers and staff during   accessible to residents, customers
and staff during business hours.      business hours with security gating     and staff during business hours.
                                      only operational for business uses
                                      outside of business hours.

                                      PO23.2                                  Complies
                                      Sufficient car parking spaces are       Sufficient carparking is provided –
                                      allocated to resident guests and        refer traffic engineering report.
                                      guests are not competing with
                                      customers or patrons for parking
                                      spaces.

Page 48

Environment, heritage and scenic amenity
Performance Outcomes                  Acceptable Outcomes                         Comment
Environment, heritage and scenic amenity
PO24                                  AO24.1                                      Performance Outcome
Development:                          Cut or fill is less than 1.5 metres in      Refer Development Assessment
(a) does not impact on landscape      depth relative to the ground level.         Report.
    amenity;
(b) has minimal impact on the         AO24.2                                      Complies
    natural landform of the site;     Development does not result in              The development will not result in
(c) does not lead to erosion or the   sediment or other material                  sediment or other materials being
    transport of sediments off site;  including building materials or waste       deposited into road reserve,
    and                               products being deposited or released        stormwater or adjacent properties.
(d) does not lead to the disturbance into the road reserve, stormwater            The development will be undertaken
    of natural features, buildings or drain or adjacent properties.               in accordance with a sediment
    structures of cultural heritage                                               control plan to be prepared and
    significance.                                                                 approved at operational works stage.

                                       AO24.3                                     Not Applicable
                                       Development on a site adjoining            The site does not site adjoining
                                       a local heritage place respects the        a local heritage place.
                                       cultural heritage significance of the
                                       place by mitigating any adverse
                                       impacts on the setting or integrity of
                                       the heritage values.
PO25                                   AO25.1                                     Complies
Development on sloping sites:          Buildings and structures are not           Development area site slope is less
(a) is visually responsive to the      constructed on land with a slope           than 25%.
    natural topography and sits within greater than 25% to protect scenic
    the landscape rather than          amenity and other landscape
    dominating it; and                 qualities.
(b) steps down slopes or uses
    suspended floor construction,      AO25.2                                     Complies
    minimising cut and fill and        On sloping sites, split-level buildings,   Buildings are spilt level and step
    avoiding benching of the site.     with small floorplates, that step down     down the slope.
                                       the slope are used as an alternative
                                       to slab on ground construction to
                                       minimise building bulk and benching
                                       of the sites.

                                         Editor's note- Refer to Figure 6.9.1A
                                         and Figure 6.9.1B

                                         AO25.3                                   Complies
                                         The distance between the ground          Only basement levels are below the
                                         level and the lowest part of the floor   3m distance.
                                         of the building does not exceed 3
                                         metres.

Earthworks and drainage
Performance Outcomes                     Acceptable Outcomes                      Comment
Earthworks and drainage
PO26                                     AO26                                     Complies
Filling and excavation for operational   Filling and excavation for operation     All Filling and excavation will be
works do not directly, indirectly or     works are designed and constructed       designed and constructed to ensure
cumulatively cause adverse impacts       to ensure overland flow and/or           appropriate overland flow outcomes.
external to the development site by:     flooding is not worsened, impeded, or    This will be addressed with the
(a) causing ponding of water on          otherwise diverted to adversely affect   subsequent operational works
      the site or nearby land;           other properties or downstream           application.
(b) increasing flooding, which           environments.
      adversely affects the safety or
      use of any land upstream or
      downstream; or
(c) adversely affecting the flow of
      water in any overland flow path.

Page 49

ENVIRONMENTAL MANAGEMENT AND CONSERVATION ZONE
CODE
Role and function
Performance Outcomes                   Acceptable Outcomes                  Comment
Role and Function
PO1                                    No acceptable outcome provided       Complies
The Environmental management                                                The changed development allows for
and conservation zone primarily                                             greater retention and enhancement
protects land identified as                                                 of vegetation values within the
ecologically important areas, water                                         southern portion of the site now
catchments, beach protection or                                             zoned Environmental Management
coastal management areas and                                                and Conservation. The tree retention
land with historical or cultural                                            is detailed in the attached Arborist
values.                                                                     Report. The existing vegetation
                                                                            values will be further enhanced with
                                                                            new supplementary planting as
                                                                            proposed with the Landscape
                                                                            Concept Plan.
PO2                                      No acceptable outcome provided     Not Applicable
Low impact recreation activities for                                        No recreation activities are proposed
the purpose of an environment                                               within zone area.
facility provides opportunities for
the appreciation, conservation and
interpretation of ecologically
important areas or areas of cultural
or heritage value.
PO3                                      AO3                                Not Applicable
Low impact outdoor sport and             Development includes linkages to   No outdoor sport and recreation
recreation activities such as walking, or between existing or future        activities are proposed within zone
cycling and canoe trails, develop for components of the Noosa Trail         area.
recreation, leisure and nature           Network.
appreciation purposes and do not
include buildings, structures or
infrastructure.
PO4                                      No acceptable outcome provided     Not Applicable
Low impact telecommunication                                                No low impact telecommunication
facilities and utility installations are                                    facilities and utility installations are
compatible with, and do not affect, the                                     proposed.
values and process within ecologically
important areas and are designed to
minimise the visual impacts on scenic
amenity.
PO5                                      No acceptable outcome provided     Complies
Development maintains the primary                                           Refer attached Arborist Report which
function of the zone and protects                                           details extent of tree retention,
ecologically important areas, water                                         together with Landscape Concept
catchments, waterway connectivity,                                          Plan which proposes further
marine plants, beach protection and                                         enhancement of ecological values
coastal management areas and land                                           with supplementary vegetation
with historical or cultural values.                                         planting.
PO6                                      No acceptable outcome provided     Not Applicable
Development and use of premises                                             The site is not located within 750
within 750 metres of the Noosaville                                         metres of the Noosaville airport.
airport do not cause an obstruction or
any other potential hazard to aircraft
movement associated with the airport.

Page 50

Building design and built form
Performance Outcomes                    Acceptable Outcomes                      Comment
Building design and built form
Height and Scale                        AO7.1                                Not Applicable
PO7                                     Buildings and structures are no more No buildings are proposed within the
Buildings and structures—               than 4 metres in building height.    Environmental Management and
(a) are low rise, and have a                                                 Conservation zoned land.
     maximum building height of         AO7.2
     1 storey;                          The maximum length of wall in one
(b) have a minimal footprint on the     place is 15 metres.
     land;
(c) do not visually dominate            AO7.3
     the site or surrounding spaces;    For any individual building or roofed
     and                                structure, no more than 150m² is
(d) are low set and of a smaller        under the roof.
     scale to the
     prevailing vegetation around       AO7.4
     them.                              Where excavation is required, the
                                        maximum portion of the exposed
                                        external façade of the building cannot
                                        exceed 4 metres in building height.

                                        Editor's note—refer to figure AP3-
                                        13A


Setbacks and siting                    AO8.1                                   Not Applicable
PO8                                    Buildings and structures are sited on No buildings are proposed within the
Buildings and structures are           that part of the site with the least    Environmental Management and
appropriately set back so as to—       impact on the ecological values of the Conservation zoned land.
(a) avoid and minimise disturbance land, water quality, coastal processes
     on the ecological values of the   and heritage values.
     land, waterways and wetlands,
     water quality, coastal processes AO8.2
     and heritage values;              Buildings and structures are set back
(b) provide adequate distance from (a) 20 metres from a street frontage;
     adjoining land uses;              (b) 10 metres from boundaries
(c) allow for vegetation retention          adjoining land in a residential
     and regrowth around buildings          zone;
     and structures; and               (c) a distance greater than the width
(d) protect the natural character and       of the riparian buffer area shown
     visual amenity of the Noosa River      on Biodiversity, Waterway and
     system and other watercourses          Wetland Overlay maps;
                                       (d) 100 metres from the level of
                                            Highest Astronomical Tide (HAT)
                                            in tidal areas (and to incorporate
                                            natural vegetation and other
                                            buffer elements)
                                       (e) 50 metres from freshwater
                                            habitats (and to incorporate
                                            natural vegetation and other
                                            buffer elements)
                                       (f) 4.5 metres to other boundaries;
                                            and
                                       (g) 3 metres from another building or
                                            structure on the same site.

Building Design                         AO9.1                                 Not Applicable
PO9                                     Development does not result in a net No buildings are proposed within the
Buildings and structures present high   loss of native vegetation.            Environmental Management and
quality built form and landscape                                              Conservation zoned land.
design consistent with the natural      AO9.2
setting and landscape features of       Buildings are of a lightweight
the site by—                            construction and incorporate natural
(a) responding to the landscape and     sustainable materials where possible,
     landform of their site;            including natural timber and natural

Page 51

(b) preserving the natural amenity of    rock.
    the site;
(c) incorporating existing               Editor’s Note— By way of example
    natural vegetation as an integral    lightweight materials are used in
    part of design;                      preference to masonry construction
(d) being discreet in appearance         however where necessary natural
    when viewed from adjacent            rock or rock facing is used rather than
    properties, roads, waterways or      rendered block.
    other areas in the vicinity of
    the site;                            AO9.3
(e) incorporating roof forms,            Buildings and structure incorporate
    articulation, materials and          colours and textures that blend with
    finishes that assist in blending     and complement the natural setting
    the building or structure into the   through low reflective surfaces and
    landscape; and                       timbers that can fade to grey without
(f) using natural                        requiring high maintenance.
    sustainable building materials.
                                         Editor’s Note— Colours and
                                         materials that blend well with the
                                         colours and hues of the
                                         surrounding vegetation and
                                         landscape without causing glare or
                                         reflection are likely to be in the violet,
                                         blue, green and yellow green side of
                                         the spectrum as well as greys or
                                         browns including low gloss metal
                                         finishes. Broad expanses of a single
                                         colour are less desirable and where
                                         possible should be broken up by
                                         other colours or design elements.
                                         Whites or bright colours should be
                                         restricted to trimming.

                                         AO9.4
                                         Structures, improvements and public
                                         art are subtle and sensitive to the
                                         environment and local character.
PO10                                     No acceptable outcome provided               Complies
Development maximises and protects                                                    No view lines or vistas will be
valued vistas and view lines to                                                       impacted.
waterways, mountains, natural
features or pleasing architectural or
landscape features in the location.
PO11                                  No acceptable outcome provided         Complies
Existing significant trees are                                               Existing significant trees are retained
incorporated into building design and                                        in the zone area and complemented
complemented by additional                                                   with additional endemic vegetation.
endemic vegetation.                                                          Refer Arborist Report and Landscape
                                                                             Concept Plan.
PO12                                    AO12                                 Not Applicable
Development is located, designed,       Development of the site incorporates No buildings are proposed within
constructed and operated to be          design features and elements to      zone area.
responsive to the sub-tropical climate, manage resources of water and
optimise natural light and ventilation energy efficiently and effectively
and minimises the consumption of        through—
energy and water.                       (a) buildings that maximise
                                            opportunities for natural
                                            ventilation and lighting;
                                        (b) best practice water sensitive
                                            urban design allowing for the
                                            reuse or rainwater and storm
                                            water on the site; and
                                        (c) on-site generation of renewable
                                            energy.

Page 52

Vehicle parking, access and connectivity
Performance Outcomes                   Acceptable Outcomes                  Comment
Vehicle parking, access and connectivity
PO13                                   No acceptable outcome provided       Complies
Natural vegetation is not lost for car                                      No car parking in the zone is
parking.                                                                    proposed.


Safety and amenity
Performance Outcomes                  Acceptable Outcomes                   Comment
Safety and amenity
PO1                                   No acceptable outcome provided        Complies
The Environmental management                                                Refer Arborist Report and Landscape
and conservation zone primarily                                             concept plan.
protects land identified as
ecologically important areas, water
catchments, beach protection or
coastal management areas and
land with historical or cultural
values.
PO15                                  No acceptable outcome provided        Complies
Walkways, carparks and publicly                                             Walkways are located to ensure
accessible facilities, including                                            casual surveillance.
toilets, and bicycle racks
are located and designed to allow
casual surveillance by other
persons.
Lighting                                                                    Not Applicable
PO16                                                                        Minimal pathway lighting of an
Lighting of appropriate intensities,                                        appropriate intensity is proposed.
that does not impact on or cause
disturbance to wildlife habitat, is
provided to building entrances,
carparks, pedestrian paths and
around buildings to maximise safety.
Vandalism                                                                   Not Applicable
PO17                                                                        No buildings or structures are
Buildings and structures are designed                                       proposed within the Environmental
to minimise opportunities for                                               Management and Conservation zoned
vandalism.                                                                  land.




VISITOR ACCOMMODATION CODE
Location
 Performance Outcomes                 Acceptable Outcomes                   Comment
All Visitor Accommodation
Location
PO1                                  AO1.1                                  Complies
Visitor accommodation is located     Visitor accommodation is not located   Site is not within proximity of an
such that it avoids conflicts with   within:                                industry zone, a Key Resource
nearby land uses.                    (a) 150 metres of land within          Area, animal industry, horticulture
                                          the Low impact industry zone;     use, rural industry, or agricultural
                                     (b) 200 metres of land within          use.
                                          the Medium impact industry
                                          zone;
                                     (c) the designated separation area
                                          of a Key Resource Area;
                                     (d) 250 metres of an intensive

Page 53

                                            animal industry, intensive
                                            horticulture use or rural industry;
                                            or
                                        (e) 100 metres of agricultural
                                            operations on adjoining
                                            premises.

                                        Editor’s Note— Key Resource
                                        Areas and separation areas are
                                        shown on the Extractive
                                        Resources Overlay Map

                                        AO1.2                                     Complies
                                        Visitor accommodation is not within       Site is not within100 metres of an
                                        100 metres of an educational              educational establishment or
                                        establishment or childcare centre.        childcare centre.
PO2                                     AO2.1                                     Not Applicable
Development is located on               Within the urban boundaries,              Proposal is not for a tourist park.
a site with an area sufficient to       the site of a tourist park has a
accommodate the use without             minimum area of 8,000m².
detracting from the character and
amenity of the local area.plan area.    AO2.2                                     Not Applicable
                                        In the Rural zone the site used for       Site not in the Rural zone.
                                        a tourist park has a minimum area of
                                        10 hectares.

                                        AO2.3                              Not Applicable
                                        In the Rural zone or Rural         Site not in the Rural zone or Rural
                                        Residential zone the site used     residential zone.
                                        for Nature-based tourism or short-
                                        term accommodation has a minimum
                                        area of 4 hectares.

Effects of Use
Performance Outcomes                    Acceptable Outcomes                       Comment
All Visitor Accommodation
Effects of Use
PO3                                                                               Complies
Development has a scale and             No acceptable outcome provided            Development has a scale and
density that is compatible with the                                               density that is compatible with the
intent of the zone and the preferred                                              intent of the zone and the
character for the local area in which                                             surrounding area.
it is located.

PO4                                     AO4.1                                     Not Applicable
Visitor accommodation is located        Accommodation adjacent to or within       Site is not adjacent to or within 50
such that it preserves the safety of    50 metres of an existing                  metres of an existing electricity
guests and does not impact on the       electricity substation incorporates       substation.
function of infrastructure including:   noise attenuation measures to
(a) the major road network;             mitigate noise impacts.
(b) the North Coast railway line;
(c) existing and future electricity     AO4.2                                 Complies
     supply infrastructure; and         Buildings and structures (including   The development is not within
(d) water supply and waste water        swimming pools, sheds, tennis courts overhead electricity transmission
     treatment.                         and outbuildings) are not constructed lines or electricity easements.
                                        under overhead electricity
                                        transmission lines, or within
                                        electricity easements.

                                        AO4.3                                     Not Applicable
                                        Accommodation                             Site is not within a designated
                                        (a) within a designated transport         transport noise corridor or within 100
                                            noise corridor; or                    metres of an existing electricity
                                        (b) within 100 metres of an existing      substation.
                                            electricity substation—

Page 54

                                                 (i)  incorporates noise
                                                      attenuation measures to
                                                      mitigate noise impacts and;
                                                 (ii) guests are not
                                                      accommodated in
                                                      lightweight shelters (such
                                                      as tents, yurts, recreational
                                                      vehicles, or relocatable
                                                      dwellings).

                                            Editor’s Note— The State Planning
                                            Policy Interactive Mapping System
                                            can be used to find out if a property
                                            is located in a designated transport
                                            noise corridor or close to electricity
                                            infrastructure.

                                            AO4.4                                     Not Applicable
                                            Accommodation within a water              Site is not within a water catchment
                                            catchment area relies on                  area.
                                            minimal clearing of natural
                                            vegetation earthworks, and
                                            movement of sediments or nutrients
                                            from the site and any on-
                                            site disposal of effluent is to a
                                            secondary treatment standard.

                                            Editor’s Note— The water supply
                                            buffer area is shown on the
                                            Regional Infrastructure Overlay
                                            Maps.

                                            AO4.5                                     Complies
                                            Accommodation does not occur              Site is not within 400 metres of a
                                            within 400 metres of a sewerage           sewerage treatment plant.
                                            treatment plant.

Safety and amenity
Performance Outcomes                        Acceptable Outcomes                       Comment
All Visitor Accommodation
Safety and amenity
PO5                                                                                   Complies
Walkways, carparks and publicly             No acceptable outcome provided            Development provides for
accessible facilities, including toilets,                                             appropriate casual surveillance.
and bicycle racks are located and
designed to allow casual surveillance
by other persons.
PO6                                                                                   Complies
Pathways allow clear sightlines in all      No acceptable outcome provided            Pathways allow for appropriate
directions.                                                                           sightlines.
PO7                                         No acceptable outcome provided            Complies
Adequate lighting is provided                                                         Adequate lighting will be provided to
to building entrances, carparks and                                                   building entrances, carparks and
pedestrian routes.                                                                    pedestrian routes.
PO8                                         AO8.1                                     Complies
Buildings and outdoor spaces are            For accommodation consisting of           Site reception is easily identifiable.
designed to allow for natural               multiple lettable tenancies
surveillance without adversely              the office or reception area:
impacting the privacy of guests or          (a) is located at the front of
neighbouring premises.                           the site or is easily identified
                                                 from the street; and
                                            (b) enables surveillance of entry
                                                 points.

Page 55

                                        AO8.2                                     Complies
                                        The entry points to accommodation         Accommodation entrances are clearly
                                        are clearly identifiable and accessible   identifiable and accessible from the
                                        from the car parking areas and            car parking areas and pathways
                                        pathways without passing                  without passing through private open
                                        through private open space areas.         space areas.

                                        AO8.3
                                                                                  Complies
                                        Accommodation is sited so as not to       Accommodation is sited so as not to
                                        overlook the living areas of              overlook the living areas of
                                        neighbouring premises.                    neighbouring premises.
Landscaping
PO9                                     AO9.1                                 Complies
Adequate landscaped area:               Within urban boundary a minimum of A min. 30% of the site comprises
(a) is provided for the benefit of      30% of the site, inclusive of any     landscape area.
    guests;                             buffer or setback areas, is developed
(b) contributes to establishing an      and maintained as landscaped
    attractive and safe streetscape;    area for the benefit of occupants,
    and                                 excluding mixed use buildings with
(c) protects the amenity and privacy    non-residential uses fronting Gympie
    of adjoining residents.             Terrace or Thomas Street Noosaville,
                                        or Duke Street, Sunshine Beach
                                        where a minimum of 10% is required.

                                        AO9.2                                  Complies
                                        A landscaped area is provided and      A minimum 3m landscape area
                                        maintained within the site for a       (including pools) adjacent to the road
                                        minimum width of:                      frontage and a minimum 2m
                                        (a) for a mixed use building with      landscape area to rear boundaries is
                                            non-residential uses fronting      provided.
                                            Gympie Terrace or Thomas
                                            Street, Noosaville:
                                            (i) 1 metre adjacent to a
                                                 road frontage; and
                                            (ii) 2 metres adjacent to the
                                                 rear property boundary; or
                                        (b) for a mixed use building with non-
                                            residential uses fronting Duke St,
                                            Sunshine Beach:
                                            (i) 2 metres to the rear property
                                                 boundary; or
                                        (c) unless otherwise specified
                                            above:
                                            (i) 3 metres adjacent to a
                                                 road frontage; and
                                            (ii) 2 metres adjacent to side
                                                 and rear property
                                                 boundaries.
Vehicles
PO10                                    AO10                                      Complies
The operation of visitor                Where adjoining properties in             No bus parking will occur in streets
accommodation avoids the parking        the Low Density Residential or            adjoining Low Density Residential or
of buses within low level residential   Medium Density Residential zones          Medium Density Residential zoned
streets.                                and located on a local road as            properties.
                                        defined on the road network
                                        hierarchy, the use does not involve
                                        parking of buses including 4WD
                                        buses, exceeding either a 20 seat
                                        capacity or 8 tonne gross vehicle
                                        mass on or around the site.
PO11                                    AO11.1                                    Complies
Safe vehicular access is provided to    Visitor Accommodation is directly         Site is accessible from a sealed road.
and from the site without adversely     accessible from a sealed road or a
impacting on the safety of the road     good standard gravelled road.
network.

Page 56

                                        AO11.2                                Complies
                                        Visitor accommodation does not gain Site does not gain direct access from
                                        direct access from part of the major  the major road network.
                                        road network which has a legal
                                        speed limit of 90 kilometres per hour
                                        or above.

                                        AO11.3                                  Complies
                                        Where:                                  The proposal caters for vehicle
                                        (a) the site gains access from part     manoeuvring areas such that
                                             of the major road network; or      vehicles enter and leave the site in a
                                        (b) more than 10 guests are             forward gear.
                                             accommodated—
                                        vehicle manoeuvring areas are
                                        provided on site such that vehicles
                                        enter and leave the site in a forward
                                        gear.
PO12                                    AO12.1                                  Complies
Sufficient on-site car parking is       Visitor car parking spaces are:         Visitor car parking will be accessible
provided to accommodate the             (a) accessible at all times;            at all times.
number and type of vehicles likely to   (b) not located behind locked gates;
be generated by the visitor                  and
accommodation having regard to the      (c) not located in tandem with a
number of guests, staff or visitors.         garage or other car parking
                                             space

                                        AO12.2                                  Complies
                                        Short term parking is provided near     Short term parking is provided at the
                                        the office to allow for check-in and    site entry porte cochere.
                                        check-out.

                                        Editor’s Note— the rate of car
                                        parking required is addressed in Part
                                        9.4.1 Driveways and Parking Code
PO13                                    AO13.1                                 Complies
Visitor accommodation is provided       Visitor accommodation is:              Site is connected to the reticulated
with a level of infrastructure and      (a) connected to the reticulated       sewer infrastructure network.
services that:                                sewer infrastructure network; or
(a) is appropriate to its location and  (b) where not located in a sewered
     setting;                                 area, the premises are
(b) maintains environmental and               connected to an onsite effluent
     public health; and                       treatment and disposal system.
(c) is commensurate with the needs
     of users.                         Editor’s Note—the Plumbing and
                                       Drainage Act 2003 sets outs
                                       requirements for on-site effluent
                                       treatment and disposal.

                                        AO13.2                                  Complies
                                        Visitor accommodation is:               Site is connected to the reticulated
                                        (a) connected to the reticulated        water supply infrastructure network.
                                              water supply infrastructure
                                              network; or
                                        (b) where reticulated water supply is
                                              not available, provided with an
                                              alternative drinking water supply
                                              source (e.g. rainwater) that
                                              complies with the Australian
                                              Drinking Water Guidelines
                                              (NHMRC,2011)

Page 57

Short term accommodation

Performance Outcomes                  Acceptable Outcomes                     Comment
Short term accommodation
PO22                                                                          Not Applicable
Except where in the form of a         No acceptable outcome provided          Accommodation is provided in form of
serviced apartment or hotel room                                              hotel room serviced or apartments.
the short term accommodation use
is provided with sufficient kitchen,
dining, laundry and common room
facilities to accommodate the
needs of visitors and resident staff.
PO23                                  AO23.1                                  Complies
In mixed use developments, buildings Mixed use building formats ensure:       Separate identifiable, well lit and safe
are designed and uses operated to     (a) separate identifiable, well lit and pedestrian access to building entries
ensure resident guests:                   safe pedestrian access to           and units are provided; private
(a) are not unduly impacted by            building entries and units;         accommodation residential spaces
      business or entertainment       (b) private accommodation               are clearly defined; business and
      activities;                         residential spaces are clearly      entertainment patrons do not have
(b) are afforded a high level of          defined by using features such as access to resident exclusive uses
      privacy and security; and           low walls, changes in surface       areas.
(c) have access to a reasonable           texture or other landscape
      level of private outdoor living     treatments; and
      space.                          (c) business or entertainment
                                          customers and patrons do not
                                          have access to areas that are
                                          intended for the exclusive use of
                                          resident guests.

                                        AO23.2                                    Performance outcome
                                        Accommodation units are provided          Refer Development Assessment
                                        with private open space or                Report
                                        a balcony directly accessible from a
                                        habitable room that:
                                        (a) is a minimum area of 6m²;
                                        (b) has a minimum dimension of 2
                                             metres; and
                                        (c) does not accommodate air
                                             conditioning units.
PO24                                    AO24.1                                    Complies
Development facilitates the security of Walkways, car parks and publicly          All publicly accessible facilities are
people and property having regard to: accessible facilities, including toilets,   located and designed to allow casual
opportunities for casual surveillance and bicycle racks are located and           surveillance.
and sight lines; exterior building      designed to allow casual surveillance
design that promotes safety;            by other persons.
adequate lighting; appropriate
signage and wayfinding; and building AO24.2                                       Complies
entrances, loading and storage areas Pathways allow clear sightlines in all       Pathways allow for appropriate
that are well lit and lockable after    directions.                               sightlines.
hours.
                                        AO24.3                                    Complies
                                        Adequate lighting is provided             Adequate lighting will be provided to
                                        to building entrances, car parks and      building entrances, carparks and
                                        pedestrian routes.                        pedestrian routes.

                                        AO24.4                                Complies
                                        The property, including service areas The site can be secured at night
                                        can be secured at night time.         time.

                                        Editor’s Note— Applicants may find
                                        useful guidance in the Queensland
                                        Government’s Crime Prevention
                                        through Environmental Design
                                        Guidelines for Queensland.
PO25                                                                              Not Applicable
Short term accommodation in a                                                     Proposal is not for a single dwelling.

Page 58

single dwelling is limited to formats
compatible with the character and
use of the area so as not to cause
unreasonable loss of residential
amenity, having regard to:
(a) the privacy of residents on the
     subject property or adjoining
     properties;
(b) any likely increase in noise to
     adjoining properties;
(c) the scale of the use and its
     compatibility with the character
     and uses within the property or
     surrounding area;
(d) retention of the primary
     residential function of an area;
(e) the impact on the safety and
     efficiency of the local road
     network;
(f) the impact of waste storage
     areas on the visual amenity of
     the area or sensitive land uses;
     and
(g) any impact on shared
     vehicular access or parking.




BUSINESS ACTIVITIES CODE
Location
Performance outcomes                     Acceptable outcomes              Comment
All Business activities
Location
PO1                                                                       Complies
Business activities are compatible No acceptable outcome provided         The retail business activities are a
with the purpose of the zone in which                                     small scale and are ancillary/
they locate and the site is suitable for                                  complimentary to the resort complex
the     use    having      regard     to                                  and consistent with the purpose of
accessibility,   infrastructure     and                                   the Tourist accommodation zone.
servicing.
PO2                                      No acceptable outcome provided   Not Applicable
The business activity is located within                                   The business activities are consistent
an existing business centre or visitor                                    with the purpose of the Tourist
centre shown in the Noosa Shire                                           accommodation zone.
Centres Hierarchy or in an industrial
zone.

Effects of Use
Performance outcomes                     Acceptable outcomes
Effects of use
PO3                                      No acceptable outcome provided   Complies
Business activities are of a type,                                        The retail business activities are of a
scale and intensity that is consistent                                    small scale and are ancillary/
with the zone, locality and character                                     complimentary to the resort complex
of the area in which it is located and                                    and consistent with the purpose of
reinforces the Noosa Shire Centres                                        the Tourist accommodation zone.
Hierarchy.
PO4                                                                       Complies
Business activities contribute to the    No acceptable outcome provided   The business activities will contribute
local economy and vibrancy of the                                         to the local economy and vibrancy of
area in which it is located.                                              the area in which it is located.

Page 59

Infrastructure
Performance outcomes                      Acceptable outcomes
Major Infrastructure
PO5                                       AO5.1                                       Complies
Development is sufficiently separated Buildings and structures are not                The development is not constructed
from infrastructure including electricity constructed under overhead electricity under overhead electricity
infrastructure and substations to transmission lines, or within                       transmission lines, or within
minimise the likelihood of nuisance or easements.                                     powerline easements.
complaint.
                                          AO5.2                                       Not Applicable
                                          Development adjacent to or within 50 Site is not adjacent to or within 50
                                          metres of a substation, major               metres of a substation, major
                                          electricity infrastructure or major utility electricity infrastructure or major
                                          incorporates noise attenuation              utility.
                                          measures such that noise levels do
                                          not exceed 5db(A) above background
                                          noise level internal to buildings
                                          measured in accordance with
                                          AS1055.

                                         AO5.3                                     Not Applicable
                                         Where adjoining substations, major        Site does not adjoin substations,
                                         electricity infrastructure or major       major electricity infrastructure or
                                         utilities, buildings are orientated so    major utilities.
                                         that the majority of windows and
                                         doors face away from the
                                         infrastructure.

Building Design and Siting
Performance outcomes                     Acceptable outcomes
Building design & siting
Ground floor
PO6                                      AO6                                       Complies
Ground floor spaces and ceiling          Ground floor spaces have a                Ground floor ancillary business
heights are flexible to cater for a      minimum ceiling height of 3.5             activities have a minimum ceiling
range of business activities.            metres to allow flexibility of use (for   height of 3.5 metres.
                                         example; adaptation for shop,
                                         restaurant or office uses)
Outdoor areas                            AO7                                       Complies
PO7                                      Outdoor areas and roof top areas          Outdoor areas used for business
Outdoor areas, including balconies       used for business activities are          activities are located away from
and rooftops, used for business          located away from sensitive land          sensitive land uses.
activities are located, designed and     uses and are generally oriented
operated to avoid causing nuisance       towards the street.
to adjoining or nearby sensitive
land uses.
Outdoor Dining areas                     AO8.1                                   Complies
PO8                                      Walls to outdoor dining areas are:      No walls to outdoor dining areas
Outdoor dining areas are designed        (a) if facing a roadway or other public proposed.
and located so that:                         area, transparent and don’t
(a) structures are aesthetically             restrict airflow;
     pleasing and in keeping with the    (b) separated from the floor and any
     existing character of the area,         roof by a minimum vertical gap of
     including the architecture of the       500 millimetres; and
     associated building;                (c) if detachable or collapsible, are
(b) outdoor dining adds to the               only used during inclement
     streetscape without increasing          weather.
     perceived building bulk;
(c) temporary walls or roofs are         AO8.2                                     Complies
     retracted when not in use and       Roof, walls or other structures do not    Roof, walls or other structures do not
     secured at all times;               extend beyond the boundaries of the       extend beyond the boundaries of the
(d) the use does not pose a health       premises.                                 premises.
     and safety risk to patrons;

Page 60

(e) adequate air movement is         AO8.3                                  Complies
    available; and                   Outdoor dining areas:                  Outdoor dining areas will have a
(f) structures do not impede the     (a) have a non­slip surface which is non­slip surface and if heating is
    movement of pedestrians or           water resistant and not raised;    provided, will not present a physical
    vehicles.                            and                                risk to diners or pose a fire risk.
                                     (b) ensures that where heating is
                                         provided it does not present a
                                         physical risk to diners or pose a
                                         fire risk to the surrounding
                                         buildings and structures (braziers
                                         are not permitted).

                                     AO8.4                                  Complies
                                     Outdoor dining areas include soft      All outdoor dining is integrated with
                                     landscaping integrated with the        site landscaping.
                                     outdoor dining environment to create
                                     an ambient atmosphere for diners.

                                     Editor’s Note— Landscaping must be
                                     undertaken in accordance with the
                                     Landscaping Code Part 9 Section 4.5

                                     Editor’s note— Refer to Figure 6.4.4.4
                                     and Figure AP3­5A for examples of
                                     landscaping and design outcomes for
                                     outdoor dining areas in streets.
PO9                                  AO9                                    Complies
Adequate clearways and head          Roof structures over outdoor dining    Proposed roof structures over
clearances allow safe movement for   areas have a minimum clearance         outdoor dining areas will have a
users of the premises.               height of 2.1 metres.                  minimum clearance height of 2.1
                                                                            metres.

Landscaping
Performance outcomes                   Acceptable outcomes
Landscaping
Design of commercial and retail
spaces
PO10                                   No acceptable outcome provided       Complies
Landscaping softens building bulk                                           All retail is ancillary and integrated in
and creates a casual, pleasant setting                                      the resort complex landscape.
for site users and the broader
community by:
(a) adopting landscape solutions that
     reduce the visual impact of
     building bulk;
(b) providing canopy trees and
     ancillary shade structures;
(c) using shrubs and garden beds to
     clearly define public spaces and
     pedestrian walkways;
(d) providing areas for public art,
     where appropriate;
(e) providing outdoor areas with
     seating;
(f) using screen planting to conceal
     service and loading areas;
(g) making provision for outdoor
     dining areas where appropriate,
     that integrate well within the
     streetscape;
(h) providing adequate screening
     along the perimeters of the
     development;
(i) avoiding the use of formal
     planting design for frontage

Page 61

      works; and
(j)   providing planting design and
      species selection that can endure
      an intensively used environment.

Amenity and Safety
Performance outcomes                      Acceptable outcomes
Amenity and Safety
Hours of Operation
PO11                                      AO11.1                                  Not Applicable
Business activities are operated in a     The use or activity does not operate    Site is within the Tourist
manner that avoids or minimises           outside the hours of 7:00am to          accommodation zone and does not
evening, early morning or weekend         9:00pm, seven days a week, where        adjoin another residential zone,
noise nuisances to sensitive land         the site directly adjoins land in the   Major centre zone – High density
uses, particularly surrounding            following zones:                        residential precinct; or Rural
residential uses.                         (a) All residential zones, except for   residential zone.
                                               the Tourist accommodation
                                               zone
                                          (b) Major centre zone – High
                                               density residential precinct; or
                                          (c) Rural residential zone.

                                          AO11.2                                Complies
                                          Where the site is not specified above Shop use will not operate outside of
                                          in AO11.1 the use does not operate    these hours.
                                          outside the hours of 6:00am to
                                          10:00pm, seven days a week, except
                                          that a business use such as a food
                                          and drink outlet, may operate until
                                          12:00 midnight on a Friday and
                                          Saturday.
Overlooking                                                                     Complies
PO12                                      AO12                                  All retail is ancillary and integrated in
Business activities maintain the          Where the business activity adjoins   the resort complex and will not
reasonable privacy and amenity of         an existing or approved residential   impact any adjoining residential use.
site and adjoining residents and          use, the reasonable privacy and
their enjoyment of indoor and             amenity of such uses is maintained
outdoor living areas is not               by:
unreasonably diminished.                  (a) siting and orienting buildings
                                               to minimise the likelihood of
                                               overlooking occurring;
                                          (b) having windows and outdoor
                                               areas, (including balconies
                                               and terraces) located and
                                               designed so that they do not
                                               look into dwellings or visitor
                                               accommodation; and
                                          (c) incorporating screening over
                                               building openings.
Noise, visual and odour impacts
PO13                                      AO13.1                                    Complies
Business activities are designed,         Undesirable noise, visual or odour        Refer attached Noise report.
sited and operated to avoid               impacts on public spaces and
environmental nuisances such as           residential uses, are avoided or
noise, visual or odour impacts that       reduced by:
unreasonably diminish the amenity of      (a) providing vehicle
the area or surrounding uses.                  loading/unloading and refuse
                                               storage/collection facilities within
                                               enclosed service yards or
                                               courtyards; and
                                          (b) not locating site service facilities
                                               and areas along any frontage to
                                               a street or other public space.

Page 62

                                        AO13.2                                   Not Applicable
                                        Where the business activity requires     Shop use does not require and
                                        the use of acoustic attenuation          acoustic attenuation.
                                        measures to mitigate adverse
                                        impacts on nearby sensitive land
                                        uses, such measures are designed
                                        and constructed to be compatible
                                        with the local streetscape.
Live Music
PO14                                    AO14.1                                  Not Applicable
Live music creates entertainment for    Where the site is adjacent to land in a Site is within the Tourist
patrons and vibrancy within             residential zone (excluding Tourist     accommodation zone and does not
the streetscape and is sited to avoid   Accommodation Zone), the Noosa          adjoin another residential zone,
significant impacts on surrounding      Business Centre High Density            Major centre zone – High density
residential land uses.                  Residential Precinct,or the Rural       residential precinct or Rural
                                        Residential Zone live music is          residential zone.
                                        contained within an enclosed
                                        acoustically treated environment.

                                        AO14.2                                   Can Comply
                                        Acoustic live music (not reliant on      Refer Noise report.
                                        electric or electronic equipment)
                                        ceases to operate in outdoor spaces
                                        by 9:00pm Sunday – Thursday, and
                                        by 10:00pm Friday and Saturday,
                                        except if located within the Hastings
                                        Street Mixed Use Precinct or Noosa
                                        Junction Hospitality precinct where it
                                        can operate until 10:00pm Sunday ­
                                        Thursday, and by 12:00 midnight
                                        Friday and Saturday.

                                        AO14.3                                   Can Comply
                                        Amplified live music ceases to           Refer Noise report.
                                        operate in outdoor space by 7:00pm
                                        seven days per week, except if
                                        located within Hastings Street Mixed
                                        use precinct or Noosa Junction
                                        Hospitality precinct where it can
                                        operate until 9:00pm Sunday ­
                                        Thursday and 10:00pm Friday and
                                        Saturday.

                                       Editor’s Note— Liquor licences and
                                       noise matters are separately dealt
                                       with through the Office of Liquor and
                                       Gambling.
PO15                                   AO15                                      Complies
Waste storage areas, external          Waste storage areas, external             Waste storage areas and loading
storage areas and loading docks do storage areas and loading docks are           docks are located within the
not detract from the visual amenity of located within basements or are           basement.
the streetscape or cause nuisance to visually screened by landscaping or
adjoining properties.                  fencing and situated to the rear of the
                                       building.
Car Parking                                                                      Performance Outcome
PO16                                   AO16                                      Refer Development Assessment
Sufficient car parking is available to Parking is provided in accordance         Report and attached Traffic Impact
accommodate the number and type        with Table 9.4.2.4 of the Driveways       Assessment Report.
of vehicles likely to be generated by and Parking Code.
the use on site.

Page 63

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