Delegated Report - Code - Planning MCU20 0020

Author	Coordinator Planning, Patrick Murphy
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0020
Applicant	Noosa Council
Proposal	Material Change of Use - Open Space - Type 1 Sport & Recreation
Properly Made Date	13 March 2020
Information Request Date	14 April 2020
Information Response Date	25 May 2020
Decision Due Date	29 June 2020
Report Completed Date	4 June 2020
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	Noosa District Sports Complex 31 Butler Street Tewantin
RP Description	Lot 372 MCH 3843
Land Area	29.7 hectares
Existing Use of Land	Sports fields

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Tewantin and Doonan
Zone	Open Space Recreation
Overlays	Biodiversity Overlay   - Environment Protection (does not apply to works area) Natural Hazard Overlay  - Bushfire and Acid Sulfate Soils
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Open Space - Type 1 Sport & Recreation. The proposal involves the construction of 4 x 20 metre high light poles to the perimeter of an existing rugby league field situated within the Noosa District Sports Complex. The lights will allow for a maximum 100 lux minimum across the field, with a max light intensity of 250 lux. No additional mechanical plant equipment is required (external to the towers) and underground trenching will be provided to the existing electricity network. The following image details the form of the slim-line height towers:

Figure 3: Plan of light pole

The following image provides a locality plan and details the location of the new light poles in red, existing light poles to be replaced and not forming part of this application are identified in yellow.

Figure 2: Locality Plan and location of new and replacement light poles
Lighting upgrades, including lighting installation to the western fields, were identified as part of the Noosa District Sports Complex Master Plan 2020-2030 (endorsed by Council 16 January 2020).
site details
Background
A trustee lease was issued for the site in 1986. Council’s electronic records identify that a range of development approvals have been issued since 1999. The approvals generally relate to the development of additional facilities associated with the recreation uses occurring on the site.
Site Description
The subject site is 29.7 hectares in area and comprises a number of sporting fields and facilities to accommodate rugby league, cricket, netball, tennis, touch football, softball and a pony club. Significant vegetation is located to parts of the perimeter with some of the vegetation internal to the site to the south of the tennis courts.
Surrounding Land Uses
North: Mackinnon Drive with residential dwellings on the opposite side of Mackinnon Drive and retirement village under construction
South: State land which was previously used as TAFE and Tewantin Cemetery
East: Butler Street including detached houses and White Lady Crematorium
West: Tewantin Noosa Golf Club and detached houses

assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Tewantin and Doonan Locality Code;
Community Uses Code;
Landscaping Code; and
Engineering Works Code.
The subject site is located in the Tewantin and Doonan Locality and is zoned Open Space Recreation. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.
Amenity – Lighting
Specific Outcome O1 and O203 of the Tewantin and Doonan Locality Code and Specific Outcome O5 of the Community Uses Code all relate to mitigating any impacts on amenity resulting from the proposed development, whilst Specific Outcomes O7 and O8 of the Community Uses Code specifically relates to impacts caused by artificial lighting.
The relevant Probable Solutions within the Community Uses Codes seek that lighting is designed, installed, operated and maintained in accordance with Section 3 of AS4282 “The Control of the Obtrusive Effects of Outdoor Lighting” and that development complies with Australian Standard AS2560 Guide to Sports Lighting.
The application material included a light spill diagram, and provided the following statement:
The upgraded lights will allow for a maximum 100 lux minimum across the field, with a max light intensity of 250 lux (this is substantially below the recent approval for the infield lighting at Tewantin Cricket fields which are for an avg. of 739 lux and an outfield avg. of 589 lux). The lights are focused on the field to ensure minimal light spill to the adjoining bushland and sports fields.
Furthermore, a letter was provided by an electrical engineer certifying that the lighting is in compliance with AS2560.2.3 Sports Lighting Specific Applications – Lighting for Football (all codes) and AS 4282 – Control of the obtrusive effects of outdoor lighting (Vertical Illuminance Levels – non-curfew – A3).
The letter also advises:
With respect to the maximum luminous intensities per luminaire, while the calculation results show that the lighting design is not in compliance with AS4282 for houses along Butler St, the ecological report “Noosa District Sports Complex – Fauna & Flora Assessment for Noosa Council” by Native Foresters shows dense foliage approximately 20- 25m in height and 20-40m in depth between the Sports Fields and the nearest houses.
This vegetation, as detailed in the report, is designated as “Environmental Protection” under the Biodiversity Overlay by Noosa Council and will remain in place with no ability to remove this vegetation under the Noosa Plan.
As such, due to the density and depth of vegetation present between the Sports Field Lighting aimed towards the East and the nearest house & it’s status under the Biodiversity Overlay, the luminous intensity per luminaire will be significantly diminished to levels below the requirements of AS4282 and will be extremely unlikely to be visible at all to the residential properties on Butler St.
Contact was made with the lighting engineer to clarify the above statement. It was confirmed that this statement related to all of the lighting that is being installed at the Noosa District Sports Complex. It was clarified that the 4 light poles which form part of this application, being in excess of 200 metres from the nearest dwelling, comply with the Australian Standard.
Therefore, it is considered that the proposal will not result in annoyance, discomfort, distraction or a reduction in the ability to see essential information due to excessive spill lighting.
To ensure on-going compliance the lights will be conditioned to be designed, installed, operated and maintained in accordance with Section 3 of AS4282 “The Control of the Obtrusive Effects of Outdoor Lighting” and AS2560 Guide to Sports Lighting.
Height
Specific Outcome O4 of the Tewantin and Doonan Locality Code requires buildings and structures to have a maximum height of 2 storeys. The proposed light towers, at 20 metres, are equivalent to approximately 6 storeys in height.
Existing vegetation on the site and within the road reserve, at approximately 20 – 25 metres in height, will provide some visual screening to the light poles, particularly when viewed from Butler Street and part of Mackinnon Drive. The proposal, being four slim line structures, will not create visual bulk or impede access to light. It is noted that the structures may visible from a section of Mackinnon Drive with limited vegetation to the frontage. However as the lights are proposed within an Open Space Recreation zone, in an existing sports precinct already containing numerous light poles, there would be some expectation from the community that such lighting structures would be located on the site and any potential impacts would not be overly significant in terms of visual amenity.
draft planning scheme
The subject site is located within the Recreation and Open Space Zone under the draft New Noosa Plan. The relevant provisions within the draft scheme are consistent with the current scheme and accordingly no change to the recommendation would result under the new planning scheme.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.

RECOMMENDATION
With regard to Application No MCU20/0020 for a Material Change of Use - Open Space - Type 1 Sport & Recreation situated at Noosa District Sports Complex 31 Butler St Tewantin Qld 4565 and described as Lot 372 MCH 3843, it is recommended the application be approved in accordance with the following details for the Decision Notice:

application details
Application No:	MCU20/0020
Street address:	Noosa District Sports Complex 31 Butler St Tewantin Qld 4565
Real property description:	Lot 372 MCH 3843
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Open Space - Type 1 Sport & Recreation (Lighting of Sports Field)
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
E00	01	Electrical Services Site Plan drawn by M2 electrical projects as annotated by Council	11.02.2020
E03	01	Electrical Services Field 5 drawn by M2 electrical projects as annotated by Council	11.02.2020
GA 1932	1	General Arrangement of 20.0 metre 16 sided pole drawn by INGAL EPS	04.11.2019
Nature and Extent of Approved Use
The lights must not be turned on outside the following hours:
Monday to Sunday: 6:30am to 10pm

Currency Period
The Currency Period for this development approval lapses if the use has not happened by 4 June 2026, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 20 metres above the finished ground level and the natural ground level.
Amenity
Lighting associated with the use is designed, installed, operated and maintained in accordance with:
Section 3 of AS4282 “The Control of the Obtrusive Effects of Outdoor Lighting”; and
Australian Standard AS2560 Guide to Sports Lighting.

referral agencies
Not applicable.

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work
submissions
Not applicable.
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.
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.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT