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      Development Application
          Planning Report


Material Change of Use for Open Space Type 1
 Sport & Recreation (4 x 20m high new lights)
            31 Butler St, Tewantin
               (372/MCH3843)




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Contents
1.0      Summary ........................................................................................................................... 3
  1.1       Development application details ................................................................................................3
  1.2       Planning instrument details .......................................................................................................3
  1.3       Referral agencies........................................................................................................................3
2.0      Site details ......................................................................................................................... 4
  2.1       Site description ..........................................................................................................................4
  2.2       Surrounding land uses ...............................................................................................................4
3.0      Proposed development details .......................................................................................... 5
4.0      Planning assessment .......................................................................................................... 7
  4.1   Key issues ..................................................................................................................................7
  4.1.1   Community Uses and Tewantin and Doonan Locality Codes ...................................................7
  4.1.2   Light spill impacts ...................................................................................................................9
5.0      State interests.................................................................................................................. 10
      5.1.1 Matters established in the Planning Regulation ...................................................................... 10
      5.1.2 State Planning Policy ............................................................................................................... 10
6.0       Conclusion ...................................................................................................................... 10


Client Name:                    Noosa District Rugby League Football Club
Prepared by:                    Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version:                        1
Date:                           13 March 2020

This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.

Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.




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Page 3

1.0 Summary

1.1 Development application details
  Proposed development:        Open Space Type 1 (Lights)*
                               Proposed Lights Upgrade
                               *A material change of use is defined as:

                                         material change of use, of premises, means any of the following that a
                                         regulation made under section 284(2)(a) does not prescribe to be minor
                                         change of use—

                                         (a) the start of a new use of the premises.

                                         (b) the re-establishment on the premises of a use that has been abandoned.

                                         (c) a material increase in the intensity or scale of the use of the premises.

  Type of approval sought:     Development Permit for Material Change of Use
  Site address:                31 Butler St, Tewantin
  Real property description:   (372/MCH3843)
  Site area:                   29ha
  Assessment manager:          Noosa Council
  Owner details:               Noosa Council
  Applicant details:           Noosa District Rugby League Football Club
                               C/- Pivotal Perspective Pty Ltd

1.2 Planning instrument details
  State planning policy:       SPP 2017
  Regional plan:               SEQ Regional Plan 2009–2031 (version commenced 2 May
  Designation:                 2014), Regional Landscape and Rural Production designation.
  Planning scheme:             The Noosa Plan
  Zone:                        Open Space Recreation Zone
  Level of assessment:         Code
  Applicable overlays:         Biodiversity Overlay
                                  - Environmental Protection
                               Natural Hazards Overlay
                                  - Medium Bushfire Hazard
                                  - Potential Acid Sulfate Soils
  Applicable codes:            Tewantin & Doonan Locality Code;
                               Community Uses Code;
                               Landscaping Code; and
                               Engineering Works Codes.




1.3 Referral agencies
Nil




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2.0 Site details
2.1 Site description
Table 1: Site description
 Site                                                  Description
 characteristic

 Existing land     Open Space Type 1 - rugby league, cricket, netball, tennis, touch football, softball,
 use               pony club

 Topography        The site is relatively flat around the proposed new lights with minor drainage
 and views         swales at the outside of the fields.

 Existing          The field is surrounded by existing mature vegetation. No vegetation is proposed
 vegetation        to be removed as part of the application.

 Existing
 Approvals




2.2 Surrounding land uses
Table 2: Surrounding land uses
 Surrounding land uses

  North       Detached Houses fronting Mckinnon Dve (230m from closest new pole))

  South       White Lady Crematorium and Funerals (210m from closest new pole)

   East       Detached Houses fronting Butler St intersection (260m from closest new pole)

  West        Detached Houses fronting Yellowood Cl (290m from closest new pole)




                                                                                           Page 4 of 11

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Figure 1: Zoning Map

3.0 Proposed development details
The application proposes to construct 4 x 20m high galvanised steel poles surrounding the western
Rugby League field. A copy of the proposed plan is included below.




Figure 2: Site Plan (new lights marked in red)




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The new lights were identified as part of the Noosa District Sports Complex Master Plan 2020-2030
(endorsed by Council 16 January 2020). The lights are needed as part of the Stage 1 works to
realign/rebuild the western rugby league oval to accommodate pedestrian and roadway realignment,
irrigation and improved field drainage (as shown below).




Figure 3: New road alignment with pole location

Technical lux plans are included with the application and demonstrate on field light levels >200 lux
and minimal light spill. No additional mechanical plant equipment is required (external to the towers)
and underground trenching will be provided to the existing electricity network.




                                                                                          Page 6 of 11

Page 7

Figure 4: Technical Lux Plans for the Rugby League fields


There are no existing approvals for the existing lights. Many of the lights are to be upgraded (new
posts, minor relocation and light head mounts) including the touch football fields as part of the Master
Plan. Council’s Planning Department advise the construction of the new lights for the Rugby League
oval require a new Material Change of Use application.
The lights to the Rugby League fields are to be used for training and games. The lights are also less
intense and located further away from existing residential development than the existing Rugby
League main oval and Touch Football fields. Currently, the Rugby League and Touch Football uses
the fields up to 5 nights a week during winter with games occurring up to 10pm.



4.0 Planning assessment

4.1     Key issues

4.1.1 Community Uses and Tewantin and Doonan Locality Codes
The new lights are to be purposely constructed to illuminate the secondary Rugby League field for
night games and training. The proposed lights are located centrally within the site and will be used
in association with the main Rugby League field. This application is required as there is an increase
in the intensity of the existing use.

Traffic Impacts

The carparking area and roads surrounding the Club are currently being upgraded in accordance
with the Noosa District Sports Complex Master Plan 2020-2030. The road upgrades include:




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   •   Relocate internal north-south road from east of the rectangular fields to the west (running
       along the edge of the vegetation) (road corridor width to be 14m)
   •   Connect eastwards to current road north of the rugby league clubhouse
   •   Include new road connection north of tennis centre joining current western access road

The proposed new lights are not anticipated to increase the traffic impacts. Council’s short term
works to the road network improve access and through flow at the facility, as well as formalising
more parking on the site. There is ample overflow parking available on the 29ha site.

Noise Impacts

There are currently no planning restrictions on the use of the existing lights at the Rugby League,
Touch Football, Softball, Tennis and Netball facilities. Regular sporting training and matches occur
at the facility up until about 11pm during Rugby League matches and events

Additional noise impacts are unlikely to cause a nuisance compared to the existing use of the oval,
except for one off large spectacle events. These events will be separately permitted and require
conditions on liquor licensing, parking, crowd management and the like to manage noise for
infrequent events.

Safety Issues

The 4 x 20m high galvanised steel poles will be structurally mounted in accordance with relevant
structural engineering and building approvals. A maintenance ladder is located within the poles and
the galvanised steel will allow for increased safety of the structure (not likely to fall and only
authorised personnel to access the lights).

Structure Height

Although not meeting the Probable Solution seeking for an 8m height limit for structures within
Tewantin, the slimline poles are at a similar finished height to the surrounding 25 to 30m high existing
mature eucalypts surrounding the field. Furthermore, the 4 lights are located internally at the same
height as the existing 35 x ~20m high poles surrounding the fields. The lights will be finished in
galvanised steel and respect the height of existing vegetation, without impacting the skyline.




Figure 5: Site Photo with light pole locations marked in grey




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4.1.2 Light spill impacts
Probable Solution S7.1 requires any lighting associated with the Sport & Recreation uses are
designed, installed, operated and maintained in accordance with Australian Standard AS2560 Guide
to Sports Lighting. The relevant standard requires spill lighting does not gives rise to annoyance,
discomfort or distraction.

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. A guide to the
spill light calculations for the various lux level intensities are included below.

Table 1: General light levels for different activities




The impacts to residential neighbours will be negligible to the closest residential dwellings along
Mckinnon Dr, Butler St, Yellowood Cl and Poinciana Ave, Tewantin. This will be substantially less
than the Australian Standard 25-lux residential nuisance requirement. The impacts of light spill will
be significantly less than that from the existing streetlights along the existing roads.

The existing trees on the site also buffer the light spill and focus the lights on the field - minimising
any nuisance impacts to adjoining neighbours. The vegetation is protected by The Noosa Plan’s
Environmental Protection Overlay and is unlikely to be removed. Furthermore, the ownership of land
by Council means they are highly unlikely to be removed.

The proposed plans demonstrate the obtrusiveness of lighting is minimised without unduly limiting
the use, enjoyment or safety of outdoor recreation facilities. The proposal is compliant with the
relevant Specific and Overall Outcomes of the Tewantin & Doonan Locality and Community Uses
Codes.




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5.0 State interests
5.1.1 Matters established in the Planning Regulation

There are no relevant matters applicable to the application.

5.1.2 State Planning Policy

The proposal is generally compliant with the SPP assessment benchmarks.

6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for an Open Space Type
1 (Lights). The proposal is code assessable development under The Noosa Plan. The Planning Act
2016 prescribes that a code assessment must be carried out only—

       (a) against the assessment benchmarks in a categorising instrument for the development
           (The Noosa Plan); and

       (b) having regard to any matters prescribed by regulation.

Council, after carrying out the assessment—

       (a) must decide to approve the application to the extent the development complies with all of
       the assessment benchmarks for the development; and

       (b) may decide to approve the application even if the development does not comply with
       some of the assessment benchmarks; and

       Examples—
               1          An assessment manager may approve an application for development that does not comply with some of
                          the benchmarks if the decision resolves a conflict between the benchmarks.

                2         An assessment manager may approve an application for development that does not comply with some of
                          the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
                          response.


       (c) may impose development conditions on an approval; and

       (d) may, to the extent the development does not comply with some or all the assessment
       benchmarks, decide to refuse the application only if compliance cannot be achieved by
       imposing development conditions.

       Example of a development condition—
                          a development condition that affects the way the development is carried out, or the management of uses
                          or works that are the natural and ordinary consequence of the development, but does not have the effect
                          of changing the type of development applied for


The assessment finds the development does not strictly comply with all Acceptable Outcomes of the
applicable codes. However, subject to section 60b) of the Planning Act 2016, this report identifies
the conflicts between the benchmarks and provides the following supporting arguments for the
proposed development, including:




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   -   The upgrade to the existing Open Space use (Noosa District Sports Complex) contribute to
       the desired lifestyle of residents and visitors by offering a variety of passive and active
       recreational experiences that are conducive to community interaction and wellbeing;

   -   The height of the structure respects the scale of surrounding vegetation and will not visually
       dominate the street, surrounding spaces or skyline;

   -   The increased use of the recreation facilities will not have a significant adverse impact on the
       amenity of enjoyed by users of adjoining or nearby properties in regard to noise or light
       emissions;

   -   The development does not include spill light which gives rise to annoyance, discomfort,
       distraction or a reduction in the ability to see essential information; and

   -   Conditions are recommended to ensure the obtrusiveness of lighting is minimised without
       unduly limiting the use, enjoyment or safety of outdoor recreation facilities;

The Assessment Manager’s favourable consideration of the above development application is
therefore recommended. Please contact me if you require any further information and/or clarification
with respect to the above application.




                                                                                          Page 11 of 11

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