Council archive · source document
Planning Report - MCU23 0008 [As Published] · MCU23/0008
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Co-ordinator Planning, Nadine Gorton
Development & Regulation Department
APPLICATION DETAILS
Applicant Capital Prudential
Proposal Material Change of Use – Offices & Caretakers Accommodation
Properly Made Date 23 February 2023
Information Request Date 6 March 2023
Information Response Date 8 May 2023
Decision Due Date 5 March 2024
Number of Submissions Not applicable
PROPERTY DETAILS
Property Address 7 Woodland Dr Peregian Beach
RP Description Lot 1153 SP 300041
Land Area 709m²
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Innovation
Precinct Not applicable
Local Plan Area Coastal Communities Local Plan Area
Overlays Land subject to Acid Sulfate Soils
Assessment Type Code
REPORT
1. PROPOSAL
This application seeks approval to develop 7 Woodland Drive, Peregian Beach for 2 office
tenancies and a dwelling for caretaker’s accommodation. The proposed building is 2 storeys, with
the ground floor including an office tenancy of 115.8m2, lift and services as well as parking for 11
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vehicles. The first floor includes 1 office tenancy of 110.5m2, an area identified as building services,
server, cooling units and caretaker’s accommodation of 65m2. Parking for 6 motorbikes are also
proposed on site with vehicle access to the site proposed from Rufous Street.
The applicant submits in regard to the revised plans provided on 29 January 2024 that:
• Council may impose a condition that the office tenancies are not to be used for a post office,
bank or real estate agent.
• The revised plan includes a dedicated server room and cooling units and building services
room connected to the caretaker’s unit. The services room needs 24-hour uninterrupted power
supply facilities with an on-site caretaker and computer technician ensuring continuous server
output.
Figure 1 – Locality
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Figure 4 — Landscape Plan Document Set ID: 22758007 Version: 9, Version Date: 12/03/2024
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Figure 4 – Elevations
2. SITE DETAILS
2.1. Background
A Pre-lodgement meeting was held with the applicant on 14 July 2022 wherein Council officers
raised a number of concerns with the proposal, including consistency of the proposed uses with
the Innovation zone, the role of the caretaker, setbacks, built form, plot ratio, building height, car
parking, access, easements and stormwater.
An information request was sent to the applicant on 6 March 2023 raising similar issues advising
the proposal appeared to be an over development of the site. In particular, the information request
also raised whether the proposed uses were compliant with the Innovation Zone as well as
concerns about the dominance of parking to the street and shortfall, need for an on-site caretaker,
lack of landscaping to provide screening and the problems with the car parking layout.
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The applicant responded to the information request on 8 May 2023, and since that time there have
been ongoing discussions with the applicant concerning the proposed uses and the built form
including:
A further advice letter was sent to the applicant on 19th May 2023 indicating that the response
to the information request did not address the items raised.
An email was sent to the applicant on 5th June 2023 advising of further concerns about the
carparking shortfall and the functionality of the proposed internal public thoroughfare.
An onsite meeting was held with the applicant and their consultant on 14th September 2023
to discuss the issues raised, with the applicant providing revised plans on 5 October 2023.
An email was sent to the applicant on 14 November 2023 raising a number of issues with the
proposal, with the applicant responding on 6 December 2023 providing revised plans.
An email was sent to the applicant on 10 January 2024, with the applicant responding on 29
January 2024 providing revised plans. A further email was sent on 26 February 2024 with
the applicant responding on 27 February 2024.
2.2. Site Description
The site is vacant and is mostly grassed. A portion of the concrete driveway for the neighbouring
property is located on the eastern side boundary of the site and is covered by an easement. The
site is generally level with a slight fall towards the site’s southern boundary. It is an irregular shaped
lot generally, with a 6.7m frontage to Woodland Drive and a stepped 45m frontage to Rufous Street.
An easement exists over the entire site which was created by the previous owner (Telstra) for the
purpose of restricting the height of any structures on the site.
2.3. Surrounding Land Uses
The site is adjoined on its eastern boundary by the former Telstra building with the Digital Hub and
Peregian Community House located further toward David Low Way. To the south is the new
community facility, community garden, tennis courts and kindergarten. To the west is the Peregian
sports grounds with residential housing located to the north along Woodland Drive.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan 2017;
• Planning Regulation 2017;
• Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and
the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan 2017
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the
application:
• SEQ Development Area
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The proposal is for an urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Development
Area.
3.3. Statutory Instruments – Planning Scheme
The proposed development is located in Peregian Beach and is zoned Innovation under the Noosa
Plan 2020. The proposed uses are identified as consistent uses, subject to meeting the following
codes to the extent they are relevant to the development:
• Coastal Communities Local Plan Code;
• Innovation Zone Code;
• Business Activities Code;
• Caretaker’s Accommodation, Dwelling Unit & Rural Worker’s Accommodation Code
• Works Codes; and
• Acid Sulfate Soils Overlay Code;
The application is required to follow a code assessable application process, with public notification
of the application not required for the proposed development.
3.3.1 Local Plan Code
The site is located in the Coastal Communities Local Plan area. The following overall and
performance outcomes are most applicable to the proposed development:
(z) Development in Peregian Beach –
(iii) maintains Peregian Beach Local Centre’s ‘signature’ informal village-like atmosphere,
featuring a low key, attractive village square that distinguishes the Peregian Beach
Local Centre from other centres in the local plan area and the wider region.
Development and redevelopment maintains the existing strong sense of place and
the centre’s function and capacity to provide a public focus for local community
interaction and activity.
(iv) provides a slightly wider range of employment opportunities than other parts of the
local plan area due to its more distant separation from a major urban centre.
(v) in the Innovation zone includes the digital hub and other professional services for
local businesses both within and outside the local plan area as well as providing
employment opportunities in the digital and creative technology sectors.
PO7
Buildings, structures and landscaping are consistent with and reflect the beachside character of
the local plan area in terms of form, composition and use of materials.
AO7.1
For residential buildings, roof form is visible from the street and not concealed behind parapets.
AO7.2
Buildings and structures do not include rooftop terraces.
AO7.3
Development uses understated colour schemes and low-reflective roofing and cladding
materials.
AO7.4
Development provides for boundary setbacks to retain existing mature trees and incorporate new
landscaping into development design.
AO7.5
Buildings are designed to:
a) suit the local subtropical climate;
b) incorporate a mix of lightweight and textured external building materials, including
timber finishes with variation provided in texture, detailing and articulation;
c) incorporate verandahs, open balconies with transparent or open balustrades or shaded
patios for outdoor living; and
d) allow for landscape integrated with the buildings on site.
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AO7.6
Boundary setbacks provide space for trees between buildings.
The proposal is consistent with the Local Plan Area Code, with the built form generally reflective
of its beachside character in terms of roof form, use of a mix of light weight and textured external
building materials providing variation in texture, detailing and articulation. Extensive use of
balconies has been made and while some are partly enclosed to provide shading from the western
afternoon sun, they together achieve some visual interest. A 600-900mm wide awning has also
been provided around the perimeter of the building apart from the western side where roofed
balconies have been incorporated.
The proposed building setbacks as now amended provide reasonable opportunities for
landscaping and planting of trees to visually frame and soften the built form consistent with existing
development in the area.
3.3.2 Zone Code
The subject site is zoned Innovation and is intended to be developed for a range of innovation,
creative and knowledge based industries as set out in the overall and performance outcomes of
the Innovation Zone Code below:
2(a) Uses are facilitated that promote knowledge creation, education and entrepreneurial
activity that diversify our economy such as science and technology, research and
development and other innovative activities.
(b) Development includes advanced manufacturing technologies, servicing or research and
analysis related to industries which are identified as priority sectors in the Noosa Local
Economic Plan to enhance the local and regional economy.
PO1
Development provides for a range of innovative, creative and knowledge based industries and
business activities that diversify our economy and offers locally based employment opportunities.
Editor’s Note: examples of suitable industries above include:
• additive manufacturing (3D printing)
• robotics and automation
• advanced materials
• artificial intelligence and machine learning
• nanotechnologies
• biotechnologies
AO1
Development is aligned with and ensures employment opportunities are offered in one or more
the following priority sectors:
a) digital economy;
b) creative industries;
c) knowledge industries;
d) science, research and technology;
e) environmental industries; and
f) education and training.
PO2
The business use or activity is of a scale and intensity compatible with existing development
nearby.
PO3
Development ensures that:
a)employment opportunities are offered in the digital economy; and
b)economic opportunities for knowledge based businesses are broadened through
specialised buildings being established in the zone.
Both the overall outcomes 2(a), (b) and performance outcomes PO1 & PO3 of the Innovation Zone
Code seek uses in the Innovation zone to include a range of innovative, creative and knowledge
based industries and business activities.
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The applicant submits that Council may impose a condition that the office tenancies are not to be
used for a post office, bank or real estate agent. The applicant’s proposed condition does not fully
address the requirements of the Innovation Zone and concern is raised that the intent of the zone
may not be realised by the proposed development, with no unique or innovative operational
features proposed. Nevertheless, a condition may be imposed requiring the proposed offices to
be of a type consistent with the innovation zoning intent.
The table below provides a summary of the proposed development’s compliance with the built form
requirements of the Code.
Criteria Planning Scheme Proposal Complies
Building height
• storeys 2 storeys max 2 storeys
• metres 8 metres 7.987 metres
Is compatible with surrounding Proposed site
Site cover & Gross Floor
development. cover of 44.6%
Area
Examples of surrounding site area
(Council planners’ calculation)
• 5 Woodland Dr (Telstra): 23%
• Peregian Beach Community House
(lot 1) : 44%
• Digital Hub: 39%
• Peregian Beach Community House
(lot 3):12.4%
• 247 David Low Way (office): 41.3%
• 9 Woodland Drive (residence): 30%
Does not present an appearance Building’s bulk has
of bulk; been minimised
with reduction in
GFA & use of
balconies
Allows for additional soft Allows for
landscaping; landscaping
Allows for at ground level outdoor Nil X
recreation, entertainment and
other site facilities; and
Facilitates onsite stormwater No onsite water X
management and vehicular quality
access management
Plot ratio 0.8:1 max 0.48 (340m2)
Boundary setbacks
• Frontage 6 metres min • 10m to
Woodland Dr
• 4.5 to Rufous St X
• Side/Rear 3 metres to any other boundary 2.4 metres X
Length of elevation 15 metres max 21.7 metres X
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Landscaped open space 10% min 18.5%
Landscaping setbacks 3m along boundaries adjoining 3m to Woodland
road frontages Dve
2.1m-3m to Rufous X
St
1m along boundaries adjoining a 0.0 to 0.5m (to X
property in any zone other than Recreation and
the Innovation Zone Open Space zone
Carparking 1 covered space for caretaker 1 covered space
1 space per 20m2 for office space 10 spaces
(11.3 spaces) – excludes server,
building services and cooling areas 6 motorcycle
spaces
Bicycle Spaces 5 bicycle spaces Nil X may be
conditioned
End of Trip Facilities* 1 locker per 2 bicycle spaces and;
*(required only where 5 1 shower cubicle with ancillary
+ spaces are required) change room per 10 bicycle
spaces
The table demonstrates that the proposal complies with the key built form requirements for the site,
apart from boundary and landscape setbacks, length of elevation and car parking. These elements
are discussed below:
Boundary Setbacks
Performance Outcome Acceptable Outcome
PO8 AO8
Buildings and other structures are Buildings and other structures are set back:
appropriately designed and sited to— a) 6 metres to any road frontage;
a) provide amenity for users of the b) 3 metres to any other boundary
premises, as well as preserve the unless where adjoining the
visual and acoustic privacy of Environmental Management and
adjoining and nearby land uses; Conservation Zone where the
b) provide adequate separation setback is no less than 5 metres.
distance from adjoining land uses;
c) allow space for required vehicle
parking;
d) allow for landscaping between
buildings including the
preservation of existing
vegetation that would buffer or
complement the proposed
building;
e) avoid large areas of continuous
wall planes by varying the
building setbacks and using
appropriate techniques to provide
visual relief.
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The proposed building intrudes into the 6 metre front setback to Rufous Street with a 4.5 metres
detailed for this frontage. The proposal also falls short of the 3m setback for other boundaries with
the roof overhang extending to withing 2.4 metres of the boundary.
These setbacks are reasonable given the site has 2 road frontages and the wide road reserve to
Rufous Street. The proposed setbacks also achieve adequate separation for the adjoining land
uses which include the Telstra building and the new community facility with its extensive open
space.
Length of Elevation
Performance Outcome Acceptable Outcome
PO12 AO12.2
Buildings and other structures present a high Elevations are no longer than 15 metres
quality design with building elements and without articulation of at least 0.75 metres and
forms that: present changes in textures and materials to
a) are consistent with the bulk and break up building facades.
scale of buildings on adjoining
and nearby land;
b) break down the facade into finer
scaled components;
c) provide strong visual relationships
to public open space in the
vicinity;
d) create pedestrian scale and visual
interest;
e) present subtle changes in
colours, textures and materials to
break up the building facades;
f) integrate signage with the
building design; and
g) integrate landscaping into the
building design and car parking
areas.
The proposal is generally of a satisfactory design, being consistent with the bulk and scale of
nearby buildings and incorporating sufficient variation to its façade to achieve some interest. The
proposed building while not being as a high design standard as the surrounding community
buildings has the ability to be screened through wide landscape setbacks. While the proposed
building includes some lengthy elevations, the building facades are sufficiently articulated through
the inclusion of balcony areas and variation in materials.
Landscape Setbacks
Performance Outcome Acceptable Outcome
PO16 AO16
Sufficient landscaped areas are provided to: The minimum area required for providing
a) enhance the visual amenity and landscaping is no less than 10% of the
natural landscape character of the site area with the following minimum
area, streetscape and local area; dimensions:
b) retain existing native a) 3 metres width along boundaries
vegetation and enhance buffer adjoining the road frontage;
areas around property b) 1 metre width along boundaries
boundaries; adjoining a property in any zone
c) suit the relative size and nature of other than the Innovation Zone.
the development and its setting;
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d) reduce the visual impact of large
or bulky structures;
e) conceal service, car parking and
loading areas of developments;
and
f) screen incompatible land uses.
The proposal does not comply with the required 3 metre landscape setback to Rufous Street
providing a reduced to 2.1 metres in part, with limited landscaping also provided along the site’s
southern boundary which adjoins land zoned Recreation & Open Space. The proposal is
considered to achieve the minimum landscape area with sufficient landscape areas to buffer areas
around the property, reduce the visual impacts of the building and assist in concealing car parking
and service areas.
3.3.3 Use Codes
Business Activities Code
While the proposed uses will not impact on the Noosa Shire Centres Hierarchy, the proposed office
use is not of a type that is consistent with the Innovation Zone as previously raised but may be
conditioned to comply.
The proposed building as redesigned is of a scale that is consistent with the zone, locality and
character, with sufficient landscape area and setbacks provided.
Caretaker’s Accommodation, Dwelling Unit and Rural Workers Accommodation Code
Throughout the application, officers raised concern that there did not appear to be a genuine need
for the proposed caretaker’s accommodation on the site, given no tenants had been identified.
S9.3.2.2 states:
(b) Caretaker’s accommodation is used for genuine caretaking or property management
purposes.
Table 9.3.2.3 states:
Performance Outcome Acceptable Outcome
PO2 AO2.3
Caretaker’s accommodation is used for bona In the Innovation Zone caretaker's
fide caretaking or property management accommodation is:
purposes such that: a) directly associated with and
a) in the Rural zone, caretaker’s subordinate to a non-residential
accommodation is required because of activity on site; and
the need to caretake a non-residential b) not separately let for other
activity on site; or accommodation activities.
b) in the Low Impact Industry zone, the
Medium Impact Industry Zone or the
Innovation Zone, caretaker's
accommodation demonstrates the need
for 24 hour care of buildings,
operations, plant or equipment.
The applicant submitted further information justifying the caretaker’s accommodation use
indicating that the premises are to be occupied by a person responsible for the following
infrastructure 7 days a week, 24 hours a day:
• Associated computer servers,
• Emergency battery storage and backup systems,
• Emergency server room cooling systems both air and liquid,
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The applicant also indicated a willingness to accept conditions requiring the caretaker to be
associated with the server room and that the server room and building services area be included
on the same title as the caretaker’s accommodation.
The applicant’s submission is reasonable and accordingly conditions are recommended to support
the proposed outcome.
3.3.4 Works Codes
The Driveways and Car Parking Code requires 1 space for the caretaker’s accommodation and 1
space per 20m2 of gross floor area for the office space amounting to 12.3 spaces, excluding the
server, building services and area for cooling units. The proposal includes 11 car parking spaces
and 6 motorcycle spaces which is equivalent to 12.5 spaces satisfying the Code’s’ minimum car
parking requirements.
While concern is raised that the server could easily be converted to an office tenancy and
accordingly should contribute to the car parking requirements, the applicant proposes that this area
will be associated and operated by the caretaker, limiting the potential for additional car parking
demands. Conditions have been included to reinforce that this area must be used for building
services.
3.3.5 Rufous Street Precinct Master Plan
Councils Development Engineer has provided the following comments about the application.
Council’s Rufous Street Precinct Master Plan details a pedestrian footpath for the full length of the
Woodland Drive and Rufous Street frontages. In accordance with the Precinct Master Plan, PSP6
– Engineering Design Standards and the Transport Code, a 2.0m wide footpath must be provided
along the full extent of the frontage of the site. The applicant did not provide Council with adequate
plans detailing the required footpath. Engineering believes that the inclusion of a footpath can
reasonably be conditioned and administered through an Operational Works application.
A truncation is necessary in order to construct a RS-065 compliant footpath that is wholly located
in Council’s road reserve. The north-western property boundary must be extended to the south-
western property boundary. The extended property boundary and the existing property boundary
must be truncated with a 6 metre by 3 chord. The severed land must be dedicated to Council as
road reserve. See below sketch.
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Figure 5 – Truncation
Conditions reflecting the required truncation have been included in the recommendation.
4. CONSULTATION
4.1. Referral Agencies
The application was referred to the Department of State Development, Infrastructure, Local
Government and Planning (SARA) pursuant to Schedule 10, Part 4, Division 3, Table 1 - Areas
with substantial potential for UXO.
The Department has responded on 21 March 2023 requiring the following condition be included
on any approval.
1. Provide written confirmation to the Department of State Development, Infrastructure, Local
Government and Planning by an approved contractor on the Australian Government,
Department of Defence, Unexploded Ordnance (UXO) Panel that the subject site has been
remediated and cleared of Unexploded Ordnances.
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers:
• Development Engineer
• Senior Environment Officer
• Special Projects IPDD
• Principal Strategic Planner
4.3. Public Notification
The application was not required to be publicly notified for comment from the community.
5. CONCLUSION & REASONS FOR DECISION
It is concluded that the proposed development generally complies with the applicable code
requirements of the Noosa Plan 2020 subject to conditions restricting the proposed uses. In this
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regard, a condition is recommended requiring the office uses to be consistent with the Innovation
Zone which seeks innovative, creative and knowledge based industries and business activities.
Further conditions are also recommended in relation to the caretaker’s accommodation to ensure
the caretaker is directly associated with the office use and will undertake a genuine role in
caretaking the building services, server and cooling units.
The application is therefore recommended for approval.
1. APPLICATION DETAILS
Application No: MCU23/0008
Street address: 7 Woodland Drive Peregian Beach
Real property description: Lot 1153 SP 300041
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use - Caretaker’s Accommodation & Offices
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
RECOMMENDATION
With regard to Application No. MCU23/0008 for a Development Permit for Material Change of Use
- Caretaker’s Accommodation & Offices situated at 7 Woodland Drive, Peregian Beach approve
the application subject to the following conditions:
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Currency Period
2. This development approval lapses if the use has not happened by 5 March 2030 unless an
application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Operational Works.
Plan No. Rev. Plan/Document Name Date
200D - Site Plan 26.02.2024
202D - Ground Floor 26.02.2024
203D - Top Floor 26.02.2024
204C - Roof Drawing 24.01.2024
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205C - North Elevation 24.01.2024
206C - South Elevation 24.01.2024
207C - East Elevation 24.01.2024
208C - West Elevation 24.01.2024
Nature and Extent of Approved Use
4. The approved use must not operate outside the hours of 7am to 9pm Monday to Saturday
and not all on public holidays.
5. Service vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at
all on Sundays or public holidays. The requirements of this condition must be included in the
Community Management Statement for any body corporate for the subject site.
6. The caretaker’s accommodation must be occupied by a suitably qualified person(s) directly
associated with the office use and be responsible for the ongoing operation and maintenance
of the building services, server and cooling units. The accommodation unit must not be
separately used for any accommodation not associated with the above.
7. The office use must include advanced manufacturing technologies, servicing or research and
analysis related only to one or more of the following employment sectors and as defined in
Table 1 below;
a) Digital economy
b) Creative Industries
c) Knowledge industries
d) Science, research and technology.
e) Environmental industries
f) Education and training
TABLE 1
Sector Examples
Digital economy For innovative and knowledge based
industries that include research into and
production of computer and software,
digital technology including content, audio
visual, media and digital media including
game developers, visual effect creators,
web designs, film and television, smart
technology research and post production
activity.
Creative industries For innovative and knowledge-based
activities that may include visual arts;
writing, small scale printing and publishing;
music composition, production and
publishing; reproducing of recorded media
and small scale industrial design in studios
or offices.
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Knowledge industries For innovative and knowledge-based
activities involved in the manufacturing of
and studying of health biotech, information
technology, aeronautical engineering,
computer component manufacturing,
electronics software, material and textile
science, medical equipment, medical
prosthetics and bionics, avionics,
neuroscience, and sports science
technologies.
Science, research and technology For research and development of block
change and digital currency, Artificial
Intelligence (AI), , robotics, and other
emerging areas of research, development,
and technology.
Environmental industries Research into the conservation, prevention
and control of global food production and
food security, small-scale renewable
energy research services and product
development, climate change and carbon
trading with the development of
understanding environmental issues in a
studio or office environment.
Education and training Education and training where it is
subordinate to one or more of the
employment sectors identified in this Table.
Building Height
8. The maximum height of the development must not exceed 8 metres above the ground level.
9. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the building does not exceed the maximum height requirement of this Decision
Notice.
Performance Bond
10. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Operational Works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit. Council reserves the
right to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
11. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
Building Appearance
12. External design features, materials and finishes must be as shown on the Approved Plans,
with no inclusions or alterations made without approval in writing by Council.
13. External finishes of the building must be a mix of lightweight and textured external finishes,
with masonry areas incorporating a variety of textured finishes to break up the surface.
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14. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
the like thus remaining as open structures.
15. All balustrades to decks and balcony areas must be open or transparent.
16. External colours and finishes must be of an understated colour scheme and low-reflective
roofing and cladding materials.
17. All mechanical equipment and other service infrastructure located on the site must be:
a. located not less than 2 metres from a property boundary
b. fully enclosed or screened such that they are not visible from the street frontages nor
adjoining properties. Where screened by landscaping, landscaping beds must be at
least 1.5 metres wide.
18. No part of the site may be used for outdoor storage of materials.
19. Waste storage areas, loading docks and outdoor service areas are screened by landscaping
or fencing and situated to the rear of the building.
Fencing and Walls
20. Any street fencing must not exceed 1.8 metres in height, be set back an average of 1 metre
and articulated to provide visual interest by stepping the design. Any fencing on the front
boundary must either:
a. not exceed a maximum height of 1.2 metres
b. be of open construction.
21. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Landscaping Works
The development site must be landscaped in accordance with the PSP2 – Landscaping. The
works must be undertaken in accordance with an Operational Works approval and the Noosa
Plan for that specific area and must include in particular:
a. Landscape to all areas of garden bed identified on the approved plan ‘Ground Floor
DWG:202D’ as annotated by Council.
b. Species selected from the PSP2 – Landscaping and approved DWG: 302B
Landscaping Legend.
22. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
Waste Management
23. A waste storage area must be designed and maintained in accordance with Planning
Scheme Policy PSP9 Waste Management and the Noosa Plan’s Waste Management Code.
The waste storage area must be:
a. imperviously paved and correctly sized for all refuse and recycling containers;
b. bunded and graded so that wastewater and bin leakage drain to the sewer;
c. provided with a conveniently located hosecock and backflow prevention device,
connected to a water supply to service the area; and
24. A Waste Management Plan must be prepared that details the type and quantity of waste
material that is likely to be generated by the development; where and how the waste will be
stored, disposed of and procedures for handling the waste. The Waste Management Plan
must be submitted and approved by Council prior to the issue of a Development Permit for
Operational Works.
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Community Management Statement
25. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
26. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clauses:
a. The area for Building Services, Server and Cooling Units shown on the approved plans
must be included on the same lot as the Caretaker’s Accommodation and be operated
and maintained by the caretaker for the use of the office tenancies.
Truncation
27. The north-western property boundary must be extended to the south-western property
boundary. The extended property boundary and the existing property boundary must be
truncated with a 6 metre by 3 chord. The severed land must be dedicated to Council as road
reserve.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
External Works
28. Rufous Street must be upgraded for the length of its frontage to the subject site. The works
must be undertaken in accordance with an Operational Works approval, be generally in
accordance with “Site Plan: 200D” dated 26 February 2024 as amended by Council, and
must include in particular:
a. construction of a 2.0m wide pedestrian footpath in accordance with the conditions of
this Decision Notice; and
b. truncation of the existing property boundary in accordance with the conditions of this
Decision Notice.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Site Access and Driveways
29. A sealed access driveway must be provided from Rufous Street to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval, be generally in accordance with “Ground Floor Dwg: 202D”
dated 26 February 2024 as amended by Council, and must include in particular:
a. a driveway crossover in accordance with RS-051.
Car Parking
30. A minimum of 11 car parking spaces and 6 motorcycle spaces must be provided and marked
on the site and made available and accessible at all times while the use is open for business.
The works must be undertaken in accordance with an Operational Works approval, be
generally in accordance with “Ground Floor Dwg: 202D” dated 26 February 2024, and must
include in particular:
a. 1 carparking space within the total, clearly marked the caretaker accommodation;
b. 1 disabled parking space/s within the total; and
c. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
31. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
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Pedestrian and Bicycle Facilities
32. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval, be generally in accordance
with “Site Plan: 200D” dated 26 February 2024 as amended by Council, and must include in
particular:
a. a 2.0-metre-wide footpath within the road verge for the entire length of the site’s
frontage to Rufous Street – the footpath:
i. may be reduced in width to a minimum of 1.8m, only in locations where a 2.0m
wide footpath would impede on minimum clearances from existing services
and infrastructure (i.e., bioretention basin) or create a trip hazard for
pedestrians; and
ii. must be located to achieve maximum clearances from the existing
bioretention basin in Rufous Street and be wholly within Council's road
reserve.
b. A minimum of 5 bicycle spaces are to be provided on site with provision made for end
of trip cycle facilities including 3 lockers and 1 shower cubicle with ancillary change
room available and accessible to all office tenancies.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Stormwater Drainage
33. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge in the Rufous Street road reserve. The works must be undertaken in accordance
with an Operational Works approval.
Easements
34. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
35. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
36. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
37. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, must be undertaken in accordance with an Operational
Works approval and contained entirely within the subject site unless written permission from
the respective landowner(s) is provided to Council.
38. Where the development involves excavation or filling over, or adjacent to, drainage, water
supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
provide a freeboard of 100mm above the finished ground surface level.
39. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
Damage to Services and Assets
40. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
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a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
302B - Landscaping Legend DWG: 302B 04/12/2023
200D - Site Plan DWG: 200D as annotated by Council 26/02/2024
202D - Ground Floor DWG: 202D as annotated by Council 26/02/2024
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Building and Construction Industry (Portable Long Service Leave) Levy
3. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
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Co-ordination of Operational Works Assessment
4. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
5. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. Traffic management during all phases of construction;
b. Adequate parking arrangements for works and deliveries;
c. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
d. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
Advertising Devices
6. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All freestanding,
pylon or pole signs or signage that is illuminated requires approval from Council prior to being
installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
prohibited from being erected in the Shire.
Development Compliance Inspection
7. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Sustainability
8. Council encourages sustainable and energy efficient building design for all development,
including the use of sustainable building materials, energy efficient fittings, solar hot water,
photovoltaic systems (including the use of inverter/charges), solar panels, water saving
devices and rainwater harvesting.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Roadwork/ Frontage Works, Carparking and
access, Stormwater, Drainage work, Earthworks,
Landscaping, Signage
Development Permit for Building Works All building work.
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
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During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Document Set ID: 22758007
Version: 9, Version Date: 12/03/2024
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