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Town Planning Report - 22 November 2018 - Final
Attached to the e-mail Reconfiguring a Lot (1 lot into 19) - RAL18/0023.
Court Appeals & Dispute Resolution
Applications & Assessment
Due Diligence & Compliance
Project Management
General Development Advice
Town Planning Report
Reconfiguring a Lot
(19 Allotments & New Road)
Noosa Business Centre
Adamson Town Planning Pty Ltd
(ACN: 163 798 374 | ABN: 73 163 798 374)
P (07) 5430 6671 F (07) 5430 6677 M 0437 754 420 Mail: PO Box 78, Peregian Beach QLD 4573
‘Noosa Boardroom’, 28 Eenie Creek Road, Nooosaville QLD 4566
Email| [email protected] Web| www.adamsontownplanning.com.au
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Document Control
Project: Development Application for a Development Permit for Reconfiguring a Lot
at 28 Eenie Creek Road, Noosaville
Client: Stockwell Development Group Pty Ltd
Project Number: 18028
Status of Report: Final
Date: November 2018
Author:
Shane Adamson (BEngTech, GDURP, MPIA, MQELA)
Town Planning Specialist
Director - Adamson Town Planning Pty Ltd
The information contained in this document is confidential and intended solely for the use of the
client for the purpose for which it has been prepared and no representation or is to be implied as
being made to any third party. Use or copying of this document in whole or part without the written
permission of Adamson Town Planning Pty Ltd constitutes an infringement of copyright. The
intellectual property contained in this document remains the property of Adamson Town Planning Pty
Ltd.
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TABLE OF CONTENTS
TABLE OF CONTENTS .....................................................................................................................................3
DEVELOPMENT SUMMARY .............................................................................................................................4
INTRODUCTION ................................................................................................................................................5
BACKGROUND & SITE DETAILS ....................................................................................................................6
PROPOSED DEVELOPMENT ...........................................................................................................................8
NOOSA PLAN ....................................................................................................................................................9
NOOSAVILLE LOCALITY CODE ......................................................................................................................... 9
Purpose and Overall Outcomes .............................................................................................................. 9
Specific Outcomes and Probable Solutions .......................................................................................... 12
RECONFIGURING A LOT CODE....................................................................................................................... 14
Purpose and Overall Outcomes ............................................................................................................ 14
Specific Outcomes and Probable Solutions .......................................................................................... 16
Summary ............................................................................................................................................... 19
ENGINEERING W ORKS AND LANDSCAPING CODES ......................................................................................... 19
OVERLAY CODES ......................................................................................................................................... 19
STATE ASSESSMENT AND OTHER MATTERS ...........................................................................................22
PLANNING REGULATION 2017 ....................................................................................................................... 22
Referrals ................................................................................................................................................ 22
Koala Habitat ......................................................................................................................................... 22
STATE PLANNING POLICY ............................................................................................................................. 24
INFRASTRUCTURE CHARGES .....................................................................................................................25
CONCLUSION ..................................................................................................................................................26
Attachments:
Attachment 1: Proposal Plan
Attachment 2: Infrastructure Agreement including Annexures A, B, C, D & E
Attachment 3: Letter from Noosa Council
Attachment 4: State Code 6: Protection of state transport networks
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Development Summary
Development Application: Development Permit for Reconfiguring a Lot (19 allotments plus
new road)
Subject Land: 28A Eenie Creek Road, Noosaville
Land Description: Lots 3 on SP246584
Land Area: Approximately 32ha
Planning Scheme: Noosa Council
Zoning: Shire Business Centre Zone
Planning Locality: Noosaville Locality
Relevant Overlay Biodiversity Overlay (Environmental Enhancement and partly
Mapping: Habitat Regrowth);
Natural Hazard: Bushfire & Acid Sulfate Soils and Bushfire;
Schedule 7 – Koala Habitat (in part)
Priority Infrastructure Within Priority Infrastructure Area
Plan (PIP):
Level of Assessment: Code Assessment
Applicable Codes: Noosaville Locality Code;
Reconfiguring a Lot Code;
Engineering Works Codes; and
Landscaping Code
Referral Agencies: Part 9 – Infrastructure related referrals:
• Referral under Schedule 10, Division 2, Table1, Item 1 –
reconfiguring a lot on land the subject of an electricity
supply easement;
• Referral under Schedule 10, part 9, division 4, subdivision 1,
table 1, item 1 - reconfiguring a lot being for commercial
uses exceeding the thresholds under Schedule 20 for
development impacting upon State transport infrastructure
State Development State Code 6 – Protection of State Transport Networks
Assessment Provisions
(SDAP):
State Planning Policy State Planning Policy, July 2017 (not appropriately reflected
(SPP): under the Noosa Plan 2006)
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Introduction
The purpose of this report is to provide town planning advice for a development application for a
development permit for reconfiguring a lot for the creation of nineteen (19) relatively large allotments
plus new road, to allow for the future development of the Noosa Shire Business Centre (SBC). The
proposed size, layout and configuration of the land is generally consistent with the SBC Map under
the Noosa Plan 2006 (Noosa Plan). A copy of the proposal plan is provided as Attachment 1.
The applicant intends to reconfigure the land and make the site development ready in accordance
with the intentions under the Noosa Plan, providing for substantial business opportunities and
significant employment. The development is desirable given the subject land has remained
undeveloped for many years. This is despite the land being earmarked for development firstly under
the 1997 Strategic Plan and since the commencement of the Noosa Plan 2006 many years ago. The
proposed development will ultimately provide substantial community benefit for the Noosa area.
The application is being made is under the Planning Act 2016 and is to be assessed against the Noosa
Plan, the Planning Regulation 2017 and the State Planning Policy 2017. The application does not
include a material change of use component with subsequent development applications for
operational work being required for the provision of infrastructure and onsite works including clearing
and earthworks.
Subject Land
Figure 1 – Aerial Photograph
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“Adamson Town Planning, specialising in providing higher order town planning advice” Background & Site Details The subject land forms part of the Shire Business Centre and has been partly developed as shown in Figure 1, above. The land is bisected by Walter Hay Drive towards the north and fronts both Walter Hay Drive and Eenie Creek Road. The land is currently improved by the ‘Noosa Civic’ development which is located within proposed Lot 1. ‘Noosa Civic’ is a sub-regional shopping centre, retail showroom and commercial development consistent with the Noosa Plan and the formerly adopted Shire Business Centre Master Plan (MP2), prepared under the former 1997 Strategic Plan. MP2 has since been encapsulated within the Noosa Plan in the form of various provisions under the Noosaville Locality Code and including the Shire Business Centre (Map SBC) (Figure 2 - refer below). Figure 2 – SBC Map 18028 – Stockwell Development Group Pty Ltd Page 6
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“Adamson Town Planning, specialising in providing higher order town planning advice” The SBC is intended to provide for the business and employment focus of the Noosa area and is to be developed in stages. The existing ‘Noosa Civic’ development is located within Precincts B1, B2 and B3. To the south is an existing residential development located in Precinct RES. To the west is some vacant land and light industrial uses located in Precincts E3, E4 & E5, generally fronting the existing internal loop road. The remaining land within the SBC is undeveloped and forms the subject land, which includes Precincts E1, E2, E6, E7 and REC/MU (refer Figure 2). Figure 3 – Existing Covenant areas (shown in red) & Dedicated open space (shown in light green) The subject land contains private open space protected by statutory covenant areas I (OS3), K (OS5) and J (OS7) and covenant L located beside dedicated public open space area OS2 as shown in Figures 2 & 3. As part of the development approval for Stage 1 (Noosa Civic), the applicant entered into an Infrastructure Agreement (Attachment 2) which rests with the land. The Infrastructure Agreement provides for infrastructure items to be provided and funded by the applicant for the existing and future development on the land. This also included the dedication of a substantial amount of land as road reserve and for public open space purposes. Further, the external transport network has also been provided including Walter Hay Drive and the upgrading of Eenie Creek Road. Consequently, the 18028 – Stockwell Development Group Pty Ltd Page 7
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external road network is adequate to cater for the development as envisaged under MP2, this being
Annexure 5 (refer Attachment 2).
Proposed Development
The proposed development seeks to reconfigure the subject land to create nineteen (19) allotments,
new road and environmental covenants in accordance with the proposal plan (Attachment 1). It is
intended to make the land development ready with the provision of necessary infrastructure and clear
of vegetation. The vegetation clearing is to be undertaken in stages to minimise the impact upon
native fauna.
The proposed allotments include the following:
• Lot 1 – having an area 14.12ha and containing the existing ‘Noosa Civic’ development as one
allotment including maintaining the internal road as private road, consistent with the current
development approval (Precinct B1, B2 & B3 – Figure 2);
• Lot 2 – located towards the north east on the opposite side of Walter Hay Drive and having an
area of 2.610ha, which contains an existing electricity supply easement along the eastern
boundary and easements E and D. It is proposed to provide two, 10m wide environmental
covenants fronting Walter Hay Drive, which are separated to provide suitable access for future
development (Precinct REC/MU – Figure 2);
• Lot 3 – is located beside OS7 and has an area of 5.02ha, fronting the loop road to the north
and the east (Precinct E1 – Figure 2);
• Lots 4 to 9 – located towards the east and fronting Walter Hay Drive and the internal loop road
to the west. The areas of the allotments are as follows, Lot 4 – 4,831m², Lot 5- 4,631m², Lot 6-
4,615m², Lot 7 – 4,822m², Lot 8 – 4,626m² and Lot 9 – 4,668m². Each of the allotments contain
a 10m wide environmental covenant along the frontage to Walter Hay Drive as shown on
Diagram B - Attachment 1 (Precinct E6 – Figure 2);
• Lots 10 - 16 - located towards the south adjoining OS2 and fronting the internal loop road
with another internal loop road provided for access. The areas of the allotments are as follows,
Lot 10 – 4,712m², Lot 11 – 5,018m², Lot 12 – 8,025m² including Cov L, Lot 13 – 4,126m², Lot 14
– 4,000m², Lot 15 – 4,001² and Lot 16 – 5,142m². Proposed lots 10 and 11 also contain a 10m
environmental covenant fronting Walter Hay Drive as shown in Diagram B – Attachment 1
(Precinct E7 – Figure 2); and
• Lots 17-19 – located behind ‘Noosa Civic’ (Lot 1) and fronting Hofmann Drive, located opposite
the residential development (Precinct RES). The areas of the allotments are as follows, Lot 17
– 5,258m², Lot 18 – 4,384m² and Lot 19 – 4,288m² (Precinct E2 – Figure 2).
The general layout of the land is consistent with the SBC Map (Figure 2). It is not known at this time
what uses might occur on the new allotments, this being subject to further development permits for
material change of use assessed under the Noosa Plan. It is however intended to create the allotments
by providing all necessary infrastructure, including water supply, sewerage, power
telecommunications and stormwater. The clearing of vegetation on the land is to occur in stages, but
at this time this has not been determined.
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“Adamson Town Planning, specialising in providing higher order town planning advice” Noosa Plan Under the Noosa Plan the subject land is located within the Noosaville Locality and is included within the Shire Business Centre Zone (refer Figure 4). Under the Noosaville Locality Code, Division 14 – Assessment table for development other than material change of use, Table 11.12, reconfiguring a lot is code assessable against the following codes: • Noosaville Locality Code; • Reconfiguring a Lot Code; • Landscaping Code; and • Engineering Works Codes. Under the SEQ Regional Plan, the subject land is included in the Urban Footprint and is therefore suitable for urban purposes. Figure 4 – Zoning Plan Noosaville Locality Code Purpose and Overall Outcomes Under part 11.7.1, the overall outcomes are the purpose of Noosaville Locality Code. Under part 11.7.2, the most relevant overall outcomes include the following: a) New uses and works are located, designed and managed to – 18028 – Stockwell Development Group Pty Ltd Page 9
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i. be compatible with other uses and works;
ii. maintain the safety of people and works;
iii. avoid significant adverse impacts on the amenity enjoyed by users of other premises or
surrounding area, including acoustic and visual qualities; and
iv. avoid significant adverse effects on the natural environment, including native habitat
removal, fragmentation and attrition;
b) Development is consistent with the Priority Infrastructure Plan in Part 15;
c) Urban development is limited to land within the Urban Footprint as shown on Map ZM8;
d) …
i) The Noosaville Locality provides for much of Noosa’s commercial, retail, administrative, industrial
and social needs, and is one of the major focus areas for visitor accommodation and services;
j) …
k) The Noosa Shire Business Centre, Noosa Hospital, community facilities at Wallace Park Estate and
Noosa’s primary industrial estate are of Noosa-wide significance;
l) …
m) …
n) Eenie Creek Road and Walter Hay Drive provide scenic southern entrances to Noosa through
bushland settings;
o) …
ee) Significant retail and commercial uses provide residents and visitors with a range of low to high
order goods and services;
ff) Business centres are significant employment nodes and are serviced by public transport;
gg) …
ii) Areas of native remnant or regrowth vegetation, including their biodiversity and habitat values are
protected and retained in their natural state;
jj) …
kk) Gibson Road, part of Mary Street, Noosa Parade, Reef Street, Weyba Road, Walter Hay Drive, Eenie
Creek Road, Beckmans Road and Eumundi-Noosa Road are protected as parts of the Noosa’s major
road network;
ll) The function, safety and visual amenity of the Noosa’s major road network are protected;
mm) …
tt) For the Shire Business Centre Zone—the Shire Business Centre –
i. is a Major Activity Centre for the purposes of the SEQ Regional Plan, and the principle
business centre for Noosa, servicing Noosa-wide business and employment needs by
providing for a wide range of Business Uses as well as administrative, community, and open
space functions;
ii. is a multi-function employment node forming the major focus of employment growth in
the coastal area of Noosa;
iii. follows a logical sequencing of development consistent with the needs of the community
that is dependent on the –
A. timing and construction of the external and internal road systems;
B. dedication of a substantial area of open space; and
C. development of a substantive amount of non-retailing development for
employment opportunities beyond Retail business;
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iv. is developed at a low scale and density with distinctive and unique design elements,
determined by the setting and recognisable as a Noosa development;
v. comprises buildings of low-rise form separated by attractive and low key informal spaces
that are integrated with landscaping and open space areas;
vi. has an outdoor focus, particularly for Retail business uses, office uses and Community
Uses;
vii. provides for an inter-regional transit facility that functions as an integrated public
transport node, with pedestrian and bicycle paths and appropriate external connections;
viii. provides visual and physical connectivity across and throughout the site;
ix. is designed to ensure that peak traffic flows and access to the Shire Business Centre do
not impact on the wider functions of Eenie Creek Road and Walter Hay Drive;
x. retains development capacity within the Shire Business Centre in the longer term to take
advantage of potential new employment opportunities;
xi. is developed into precincts, as depicted on Schedule 4 - Shire Business Centre Map, which
include a dynamic mix of development with an appropriate integration of uses within
each, including –
A. Business Precincts (B1-B2), which provide for the highest order of retail
development in Noosa and comprises the retail core of the Shire Business Centre
site, with associated car parking generally located with Precinct B2;
B. Precinct B3, which provides for showroom and office development;
C. Employment Precincts (E1-E7) for future employment growth, which
include 3 precincts (E1, E2, E3) with preferred themes to allow these precincts to
take advantage of new employment opportunities;
D. a civic area located within Precinct E1, which provides for a range of civic
uses and functions;
E. an inter-regional transit facility in Precinct E6;
F. a Residential Precinct (RES), which provides residential support
accommodation to the other key precincts; and
G. a Minor Recreation/Minor Mixed Use/Open Space Precinct (REC/MU),
developed for the purposes of a minor recreation use or minor mixed-use
development.
uu) …
Having regard to the most relevant overall outcomes for the proposed development, the following
comments are made:
• the proposed development is compatible with the vision for the SBC, will maintain the safety
of people, will not have a significant impact upon amenity and will not have a significant impact
upon the natural environment given the land is committed for development under the SBC
Map (outcome (a));
• the proposed development is consistent with the Priority Infrastructure Plan (PIP), but is
subject to an Infrastructure Agreement (Attachment 2) discussed further below (outcome (b));
• the proposed development is in the Urban Footprint as shown on Map ZM8 (outcome (c));
• the proposed development is for the future development of the Noosa Shire Business Centre
and is to be made development ready for the benefit of the Noosa area (outcomes (i) & (k));
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• the proposed development will provide the required environmental covenant areas fronting
Walter Hay Drive consistent with the SBC Map (Figure 2), which will protect the scenic
southern entrance to Noosa by maintaining a bushland setting (outcome (n));
• the proposed development completes the internal loop road and creates premium allotments
well suited for the provision of significant commercial uses that will provide for a range of low
and higher order services. While not the subject of this application, the future development
sites are expected to be used for key business employment activities (outcome (ee));
• the Noosa Shire Business Centre is to be a provider of significant employment and will be
serviced by public transport (outcome (ff));
• the subject land contains a significant amount of regrowth vegetation. While the land provides
for some biodiversity and habitat value, the land has been committed for development and
most of the vegetation will need to be removed to allow development to occur other than
within the existing and proposed environmental covenant areas (outcome (ii));
• Stage 1 of the development required the dedication of a substantial amount of land for public
purposes and for infrastructure to provide for Walter Hay Drive and the upgrading of Eenie
Creek Road, consistent with the Infrastructure Agreement (Attachment 2). The proposed
development will maintain the safety and visual amenity of the major road network (outcome
(ll));
• the proposed development seeks to further develop the Major Activity Centre under the SEQ
Regional Plan being the principle business centre for Noosa, consistent with the outcomes
sought under the SBC Map and the various precincts referred to above (outcome (tt)).
The proposed development is consistent with the overall outcomes and purpose of the Noosaville
Locality Code.
Specific Outcomes and Probable Solutions
Under Division 17, Table 11.13, specific outcomes and probable solutions are provided. Given the
development application being made is for reconfiguring a lot and not a material change of use, most
of the specific outcomes are not directly relevant. This is in terms of the built form outcomes only.
Other provisions such as O22 with respect to the environmental values are addressed under the
Biodiversity Overlay Code, below.
In terms of the specific outcomes for the Shire Business Centre Zone, the most relevant outcomes
include the following:
Visual and physical connectivity:
O92 Strong visual and physical connectivity is provided for between adjoining and adjacent –
a) Business Precincts and Open Space Precincts;
b) Employment Precincts and Open Space Precincts; and
c) Business Precincts and Employment Precincts.
The proposed development allows for strong visual and physical connectivity to be provided between
the adjoining precincts.
Road design
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“Adamson Town Planning, specialising in providing higher order town planning advice” O93 Intersections, both internal and external to the Shire Business Centre site, are designed to operate without the need for traffic lights; AND O94 An internal loop road is constructed within the Shire Business Centre site linking individual precincts within the site to provide for efficient and effective traffic circulation and movement, including public transport access; AND O95 Development has an internal focus and addresses the internal loop road and is not reliant on exposure to the major road network. The proposed development relies on the existing external roundabouts that have been specifically designed to operate without traffic lights (O93). The proposed development will complete the internal loop road system excepting that part of the internal driveway provided with Stage 1 for the existing ‘Noosa Civic’ development. In terms of new development areas, the internal loop road is being provided generally in accordance with the SBC Map (Figure 2) which provides for efficient and effective traffic circulation including for public transport (O94). The development will have an internal focus consistent with existing development within the SBC (O95). Pedestrian and bike links O100 Pedestrian and bicycle paths are constructed throughout the Shire Business Centre site, with appropriate external connections provided; AND O101 Pedestrian and bicycle movements between key nodes within the Shire Business Centre site are designated to minimise the need to cross over roads and where road crossovers are necessary, central refuges are provided. Pedestrian and bicycle pathways will be provided as required between key nodes, within the subject land, subject to detailed design (O100 & O101). Visual amenity and character O102 Development - a) presents a high level of visual quality when viewed from Walter Hay Drive in the area of Eenie Creek; b) provides an open space feel to this entry to Noosa; and c) maintains the character of adjacent areas. The proposed development maintains all environmental covenant areas fronting Walter Hay Drive in accordance with the SBC Map and will maintain a high level of visual quality, having an open space feel and the desired natural bushland character consistent with the area. Development Sequencing O104 Subsequent development stages provide for the – a) completion of the access intersections leading into the Shire Business Centre site; b) completion of further stages of the internal loop road; c) completion of further stages of development within the precincts; d) completion of the pedestrian and bikeway network; 18028 – Stockwell Development Group Pty Ltd Page 13
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“Adamson Town Planning, specialising in providing higher order town planning advice” e) construction of the link road to the Noosaville Industrial Estate; f) construction of a inter-regional transit facility (public transport node); g) completion of the stormwater management systems; h) completion of landscaping design elements; and i) further dedication of land to public open space Stage 1 of the development has been completed along with other parts of the SBC having already been developed to an advanced stage. All access intersections leading into the SBC have been completed (a). It is proposed to complete the internal loop road where not currently constructed (b). It is intended to make the remainder of the land forming the SBC development ready to be completed in the future (c). Further, complete the pedestrian and bikeway network within the subject land as required with the external network having been completed with Stage 1 (d). The link road to the Noosaville Industrial Estate has been completed (e). The construction of an inter-regional transit facility is not relevant to the proposal (f) given the land is yet to be further considered for development and the nature and scale of development within each precinct is not yet known. The applicant is intending to construct the additional stormwater drainage infrastructure necessary to service the allotments (g). It is intended to provide all landscaping for the proposed reconfiguration within the new road reserve this being addressed with further development applications for operational work (h). Having regard to the Infrastructure Agreement (refer Attachment 2), the applicant has already provided the required area of open space for the subject land with no further dedication or infrastructure contributions being payable (i). The proposed development is consistent with the above provisions to the extent relevant for a development application for reconfiguring a lot. No other provisions under the Noosaville Locality Code are relevant to the assessment for a development application for reconfiguring a lot. Reconfiguring a Lot Code Purpose and Overall Outcomes Under Division 22, part 14.181.1, the overall outcomes are the purpose of the Reconfiguring a Lot Code. Under part 14.181.2, the overall outcomes sought by the Reconfiguring a Lot Code are to ensure that any reconfiguring of lots results in – a) lot sizes and dimensions that are appropriate for their intended use; b) compatible relationships between land uses; c) lots with suitable, safe and appropriate access; d) acceptable impacts on watercourses, drainage lines, wetlands and other environmentally sensitive areas; e) an effective and efficient road network that is designed to integrate with the natural topography; f) provision of safe facilities for walking, cycling and public transport; g) lots that avoid significant adverse effects on the natural environment and landscape and minimise the risk of hazards for people and property; 18028 – Stockwell Development Group Pty Ltd Page 14
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h) effective and efficient provision of relevant infrastructure and community services that meet future
needs;
i) promotion of social interaction and community activity;
j) provision of an accessible and useable network of open space for local communities;
k) lots that are designed and orientated to accommodate energy efficient building design;
l) …;
m) …;
n) … .
Having regard to the most relevant overall outcomes above, the following comments are made:
• the proposed allotment sizes are appropriate for their intended use to enable the site to be
development ready. Further, detailed design and consultation is required to meet market
expectations, having regard to the uses allowed under the planning scheme (outcome (a));
• the proposed development will have compatible relationships between land uses, consistent
with the SBC Map and the outcomes sought under the planning scheme (outcome (b));
• the proposed lots will have suitable, safe and appropriate access, given the configuration of
the land which has an internal focus and fronts the internal loop road, consistent with the SBC
Map (outcome (c));
• the proposed development will not have an unacceptable impact upon watercourses, drainage
lines, wetlands and other environmentally sensitive areas. This is because of the significant
amount of open space that has already been dedicated for conservation purposes and
drainage lines being protected by environmental covenant such as OS7, in accordance with
the Infrastructure Agreement (Attachment 2). While the land still contains significant
vegetation that is potentially koala habitat, the land will need to be cleared to allow for
development. The matter of any vegetation offsets is not reasonable in the circumstances
which is discussed further below (outcome (d));
• the proposed development provides for an effective and efficient road network consistent with
the master plan under the SBC Map. The location of the road between Lots 3 & Lots 4 - 9
ensures a serviceable lot size with a width of about 65m. This allows for a building depth of
about 25m and space for conventional at grade parking while maintaining maximum frontage
to the internal road. The proposed building depth will function in a similar manner to the
existing development within Precinct B3 (outcome (e));
• the proposed development will provide safe facilities for walking, cycling and public transport
as required within the proposed new road reserve which is subject to detail design (outcome
(f));
• the proposed development avoids as far as practical significant adverse effects on the natural
environment given the development is consistent with the SBC Map and is committed for
development. All open space areas under the SBC Map are either protected by dedication or
by existing environmental covenants or are proposed to be protected by new environmental
covenants. The proposed development including the clearing of the land will minimise risk of
hazards for people and property from bushfire (outcome (g));
• the proposed development is to provide effective and efficient provision of infrastructure in
accordance with the Infrastructure Agreement (Attachment 2) (outcome (h));
• the subsequent development of the proposed allotments will provide for social interaction
and community activity (outcome (i));
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• the proposed development has already dedicated a significant amount of land (about 12.63ha)
for public open space and conservation purposes. Further, an additional 2.329ha of land has
been protected by environmental covenant with the additional OS3 areas to be protected by
covenant in accordance with the SBC Map (outcome (J));
• the lots are to be developed to satisfy energy efficient building design outcomes (outcome (k).
The proposed development is consistent with the relevant overall outcomes and meets the purpose
of the code.
Specific Outcomes and Probable Solutions
Part 14.182 provides for the specific outcomes and probable solutions. The most relevant specific
outcomes under Table 14.66 – All reconfiguring a lot are discussed below.
O1 Lots have the appropriate area and dimensions to provide for –
a) the intended use and, if not intended to be used by the Council or State for community infrastructure,
conservation purposes or public utilities including road widening are not less than the minimum
sizes specified in Table 14-68; and
b) …
c) …
d) siting and construction of buildings to minimise risk of soil erosion, landslide, flooding and bushfire;
e) siting and construction of buildings to minimise detrimental impacts of effluent disposal and water
quality impacts;
f) retention of natural environmental values, including native vegetation;
g) retention of cultural features and protect views to cultural features;
h) minimisation of earthworks or retaining walls associated with building construction on sloping sites;
i) private and public open space and on-site landscaped areas; and
j) convenient vehicle access and on-site parking, loading and manoeuvring areas.
Having regard to the minimum allotment size under Table 14-68, the proposed development exceeds
the minimum allotment size of 4,000m² for the Shire Business Centre Zone and there is no minimum
average width specified (a). In terms of the other aspects of the specific outcome O1, the retention of
native vegetation has been discussed above and below with the vegetation to be cleared from the
developable parts of the site (f). The land is relatively flat and does not require extensive earthworks
to make the site development ready (h), significant public and private open space areas have already
been provided, with additional private open space areas are to be provided in accordance with the
SBC Map (i).
O7 The street network –
a) has design features, which convey the primary function of each type of street and encourage driver
behaviour, speeds and traffic volumes that are safe and appropriate to that function;
b) provides a high level of internal accessibility both within the site and to external sites and appropriate
external connections for vehicles, pedestrian and cycle movements;
c) deters through-traffic from residential areas and creates safe conditions for local road users,
pedestrians and cyclists;
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“Adamson Town Planning, specialising in providing higher order town planning advice” d) incorporates street junctions and access to lots that are located and spaced to facilitate safe and convenient vehicle movements; e) provides for street widths and lengths that optimise the cost effectiveness of the network and the provision of public utilities; f) provides for road reserve widths not less than the minimum identified Section 2.3 of PSP5 Engineering Design Standards – Roads, Drainage and Earthworks; g) minimises the extent of earthworks required by being sympathetic to the terrain; h) has no significant adverse effects on habitat corridors or areas of significant native vegetation; i) does not create noise attenuation difficulties; j) incorporates pedestrian and cyclist crossings at intersections or where required to access high activity nodes and public transport; k) has regard to the potential for conflict between vehicles, pedestrians and cyclists; and l) incorporates on-road cycling facilities. The proposed street network is generally consistent with the SBC Map and will provide for the traffic capacity expected for the Shire Business Centre (a) and the level of accessibility that is also required (b). Further, the proposed design incorporates street junctions and access to the proposed lots that will be safe and convenient (d). Further, provides for streets that optimise the cost effectiveness of the network and the provision of public utilities (e) in accordance with PSP5 – Engineering Design Standards (f). The ultimate design of the development will minimise the extent of earthworks (g) and will incorporate pedestrian and cyclist crossings at intersections as necessary (j), while also having regard to potential conflicts between vehicles, pedestrians and cyclists (k). O9 The subdivision layout is designed to facilitate linkages with adjoining sites in the immediate area. The proposed development completes the internal link road consistent with the SBC Map, providing the necessary linkages around the SBC and the adjoining industrial land to the west as required. O10 Where the lots are to be used for Industrial business or Commercial business uses, the layout provides for appropriate buffer areas, to mitigate possible impacts on nearby residences or other noise sensitive uses. The SBC Map includes some residential development (RES Precinct) which is existing and gains access from the link road and is otherwise separated from other commercial and industrial development. O12 An adequate and accessible water supply is provided for firefighting purposes. The proposed reconfiguring requires the completion of the internal ring road system and other infrastructure will be provided including adequate water supply for fire fighting purposes. Details of the proposed water supply will be provided at the operational works stage. O15 Each lot is capable of being serviced by appropriate levels of – a) water supply; b) reticulated sewerage; c) stormwater drainage; 18028 – Stockwell Development Group Pty Ltd Page 17
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“Adamson Town Planning, specialising in providing higher order town planning advice” d) power supply; and e) telecommunications; The proposed development will be required to supply all infrastructure necessary to service the development. The applicant is currently having discussions with Unitywater about the water supply and sewerage infrastructure being required to service the development. It is proposed to provide full detail design of the stormwater drainage, power and telecommunications infrastructure with the subsequent applications for operational works. Electricity supply infrastructure O18 Uses and works maintain a safe distance from electrical infrastructure including substations, overhead power lines, power poles and transformers. The subject land is constrained by an existing overland power supply line running along the eastern boundary of Lot 3 within Easement D (refer Attachment 1). It is not expected that this infrastructure will have any bearing on the development of proposed Lot 2, given the easement is already in place and the application is to be referred to Energex. O19 Stormwater run-off is managed so as not to cause any adverse impacts on the built or natural environment including changes in quality, quantity or location of stormwater discharges. Details of the how the stormwater run-off for the development is to be provided at the operational works stage. Having regard to the nature of the development, the fall of the land towards Eenie Creek, all stormwater drainage will be treated and managed before being discharged offsite. O21 Land development responds to the distinctive landscape character of the site by utilising the natural features of the site, which include – a) watercourses and drainage lines; b) significant trees; c) understorey vegetation; d) rock outcrops; and e) views. O22 Native vegetation, including individual mature trees are retained, protected, maintained and supplemented, with particular consideration given to— a) roadsides; b) the amenity of adjoining land uses; and c) the protection of environmentally sensitive areas. O28 The natural environmental and cultural values of land in the Open Space Conservation Zone are not adversely affected by subdivision, and land in freehold tenure in this zone is not subdivided. O29 Lands with high biodiversity values which warrant conservation status are formally protected for the long term. 18028 – Stockwell Development Group Pty Ltd Page 18
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Having regard to the above specific outcomes, the proposed development is consistent with the SBC
Map which protects the key environmental values on the land. This includes the waterways (OS7) and
significant vegetation within open space areas OS1 and OS2, which warrant conservation and have
been dedicated for public purposes and therefore protected in the long term. While the land contains
some significant vegetation, the land is committed for development and this has been the case for
many years, including under the 1997 Strategic Plan. It is however intended to remove the existing
vegetation in stages in order to minimise the extent of disturbance at the one time.
O33 Traffic generated by the development is within the acceptable capacity of external roads and does
not have an adverse impact upon the functioning of the road network.
It is accepted that the ultimate development within the SBC will generate a considerable amount of
traffic; however, the design of the ring road system as well as the surrounding road network is
adequate to cater for the expected traffic generation, where the scale and intensity of development is
consistent with Noosa Plan. This includes the design and construction of Walter Hay Drive including
the southern access roundabout and the upgrading grading of Eenie Creek Road which has already
occurred with Stage 1.
Summary
The proposed development either meets the specific outcomes under the Reconfiguring a Lot Code
or can be conditioned to comply. The proposed development is consistent with the overall outcomes
and the purpose of the code.
Engineering Works and Landscaping Codes
Detailed design of the proposed development has not yet been undertaken with the proposal plan
being prepared as shown in Attachment 1. Given the proposed development is consistent with the
SBC Map and the Infrastructure Agreement for the land, the key issues associated with the provision
of infrastructure and location have largely been determined, including land dedication.
All infrastructure is to accord with the relevant provisions under the Engineering Works Codes,
including Planning Scheme Policy 5 – Planning Scheme Policy 5— Engineering Design Standards –
Roads, Drainage and Earthworks. Discussions with Unitywater are currently occurring with respect to
the provision of water supply and sewerage infrastructure. Further, all works within the road reserve
are to be landscaped in accordance with the Landscaping Code.
Overlay Codes
In terms of the overlay mapping, the subject land is affected by the following overlays:
• Biodiversity Overlay (Map OM8.1) – Environmental Enhancement (Figure 5A);
• Koala Habitat Areas (Schedule 7) – Partly Habitat Regrowth (Figure 5B);
• Natural Hazards (OM8.4) – Bushfire and Acid Sulfate Soils (Figure 5C).
In terms of the Biodiversity Overlay, the subject land is designated Environmental Enhancement. This
is despite the site also being included within the Shire Business Centre Zone which is to be developed
in accordance with the SBC Map. Accordingly, the areas of the SBC that are to be protected by
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“Adamson Town Planning, specialising in providing higher order town planning advice” covenant and or dedication either has occurred or will be achieved under the proposal. Consequently, there is little point in examining the nature and type of vegetation on the land given the majority, if not all the vegetation, other than within the proposed covenant areas, is to be removed to allow for the significant development envisaged under the Noosa Plan. Figure 5A – Biodiversity Overlay It is noted that all vegetation has been removed from Stage 1 for the existing ‘Noosa Civic’ development within Precincts B1, B2 and B3. Further, all vegetation has been removed from Precincts E3, E4, E5 and RES, except for the vegetation contained in OS5, OS6 and OS7 (refer Figures 2 & 3). It is understood that under the State mapping the land is designated Category X, which does not referral to SARA and does not require a development permit under the Vegetation Management Act 1999. Further, the vegetation can be removed once a development permit for operational work has been obtained from Noosa Council. The clearing of the vegetation within the proposed allotments is to occur in stages to minimise the impact upon native fauna. The vegetation is to also be retained in the covenant areas OS3 fronting the major roadways (Walter Hay Drive). Under the Noosa Plan, only part of the land is mapped as being a Habitat Regrowth, this being within Precinct REC/MU (refer Figure 5B). Consequently, under the Noosa Plan there is no conflict with the removal of vegetation over Precincts E1, E2, E6, E7 and part of B3, with respect to Habitat Regrowth; however, the site is designated as Koala Assessable Development Area under State mapping which is discussed below. 18028 – Stockwell Development Group Pty Ltd Page 20
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“Adamson Town Planning, specialising in providing higher order town planning advice” Figure 5B – Schedule 7 Koala Habitat Areas In terms of the Natural Hazards Overlay, the subject land is also mapped as having a Very High Bushfire Intensity, Medium Bushfire Intensity and a Potential Impact Buffer Area as shown in Figure 5C, below. Further, the land potentially contains acid sulfate soils; however, this can be dealt with by condition requiring onsite management during the construction phase to prevent any environmental harm from occurring. Figure 5C – Bushfire Mapping 18028 – Stockwell Development Group Pty Ltd Page 21
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In terms of the risk from bushfire, it is intended to remove the vegetation from the site to allow for
the intensity of development envisaged under the Noosa Plan. Consequently, with the further
development applications required over Precinct E7, which adjoins open space areas OS2 and OS4,
these application/s will need to demonstrate that a suitable building setback and sufficient
infrastructure is provided to minimise the risk from bushfire from the adjoining vegetation.
State assessment and other matters
Planning Regulation 2017
Referrals
The subject land is located within the Urban Footprint and is for an urban purpose, and therefore not
for prohibited development under Schedule 10, Part 15. The proposed development does however
require referral to the State Assessment Referral Agency (SARA) for the following:
• Referral under Schedule 10, part 9, division 4, subdivision 1, table 1, item 1 - reconfiguring a
lot being for commercial uses exceeding the thresholds under Schedule 20 for development
impacting upon State transport infrastructure. The commercial uses are bundled into the same
threshold and are included in items 27 to 41 generally because they are the type of uses
expected in a centre zone, or the like. Noosa Shire Council is in local government area 2 and
therefore the threshold is 3,000m² total site area (combined total) (refer Attachment 4); and
• Referral under Schedule 10, Division 2, Table1, Item 1 – reconfiguring a lot on land the subject
of an electricity supply easement.
Clearing of native vegetation mapped as Category X on freehold land is exempt clearing under
Schedule 21, part 2 of the Planning Regulation 2017 and no referral is required. None of the existing
boundaries of Lot 3 are within 30m of the erosion prone area (Coastal Management District),
consequently no referral is required with respect to this aspect.
Koala Habitat
Under Schedule 11 – Assessment benchmarks for development in koala habitat area are provided
which apply to a development application for reconfiguring a lot over land within the Koala assessable
development area (refer Figure 6). The mapping includes the subject land yet to be developed and
substantial areas of the SBC that have already been cleared and developed, which makes little sense.
The following matters are assessment benchmarks for the development –
a) the development does not involve clearing non-juvenile koala habitat trees in an area that
i. is a bushland habitat area; and
ii. is not in the SEQ urban footprint; and
iii. is not designated in a local instrument for urban purposes;
b) the development avoids clearing non-juvenile koala habitat trees in an area that –
i. is a bushland habitat area and is in the SEQ urban footprint; or
ii. is a high value rehabilitation habitat area; or
iii. is a medium value rehabilitation habitat area;
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c) if the clearing of non-juvenile koala habitat trees can not be avoided in an area stated in paragraph
(b) –
i. the amount of clearing is minimised; and
ii. any significant residual impact of the clearing is offset;
d) the matters stated in section 2(2)(a) to (e).
While it is accepted the land contains a significant amount of native vegetation, the vegetation must
be removed to allow for the further development of the SBC. It is highly unlikely given the intensity
of development including the plot ratios intended under the Noosa Plan, that any vegetation could
be retained. It has always been intended the land be developed but large areas of the SBC site be
protected for conservation purposes which has already occurred.
The land that has been dedicated (12.63ha) under the Infrastructure Agreement (Attachment 2) is for
the development of the subject land. This allowed for the Noosa Civic development (Stage 1) and
provides for future development. The Infrastructure Agreement was a deliberate action by both the
applicant and the Council to remove any doubt about the applicant’s and the Council’s obligations
for future development of the land.
Under part 10.3 of the Infrastructure Agreement it is clearly intended that the applicant would not be
required to make further contributions and physical infrastructure in respect to parks, open space and
nature conservation, which is includes native habitat removal with respect to koalas.
An assessment of the impact the development would have on koala and other native species was
undertaken at the time the Master Plan (MP2) was prepared and considered for development. In the
circumstances it would not be reasonable to require additional offset planting or contributions to be
made by the applicant given the previous assessments undertaken and the Infrastructure Agreement.
Figure 6 – DA Mapping (koala conservation)
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State Planning Policy
The Noosa Plan 2006 predates the State Planning Policy 2017 (SPP), which means that an assessment
is required against the SPP in terms of any State interests. Under the SPP Mapping, the subject land
has the following key state interests (refer Figure 7):
Biodiversity:
• MSES - Protected areas (estate);
• MSES - Wildlife habitat;
• MSES - Regulated vegetation (category B);
• MSES - Regulated vegetation (category C);
• MSES - Regulated vegetation (wetland);
Natural Hazards Risk and Resilience:
• Bushfire prone area;
Energy and Water Supply:
• Major electricity infrastructure (Energex);
Transport Infrastructure:
• Active transport corridor.
Figure 7 – State Planning Policy Mapping
Having regard to the SPP, under part E, the following State interests are relevant:
Biodiversity:
The proposed development seeks to remove the native vegetation from the subject land to allow for
substantial development in accordance with the SBC Map. While the vegetation contains some
environmental value, it is not possible to allow for the scale and intensity of development envisaged
under the Noosa Plan and retain the vegetation. The development is consistent with the SBC Map,
which protects a substantial amount of native vegetation and habitat and provides for other
vegetation to be protected by environmental covenant.
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“Adamson Town Planning, specialising in providing higher order town planning advice” Water Quality: In terms of environmental values and the quality of Queensland waters, the reconfiguring a lot is for an urban purpose that involves premises 2500m² or greater in size and will result in six or more lots. The ultimate design of the development will provide stormwater treatment during construction and for the treatment of sealed areas once developed, this being subject to further development applications and approvals. Natural Hazards, Risk and Resilience: The subject land is identified as being subject to bushfire. As discussed above, the site is ultimately to be cleared to allow for development. The removal of the vegetation eliminates the potential risk from bushfire other than for development within Precinct E7, which adjoins public open space areas and to a lesser extent Precincts E2 and E6. The matter of bushfire management will be required to be addressed with the subsequent applications addressing the necessary building setbacks and other infrastructure required to minimise the risk to people and property. Energy and Water Supply: The subject land contains an electricity supply easement along the eastern boundary which contains major overhead electricity supply infrastructure. It is not expected that the proposed development would have any adverse impact upon the existing electricity supply infrastructure, with the application being referred to Energex in any event (refer Figure 7). Transport Infrastructure: In terms of the active transport corridor the transport infrastructure and existing and future transport corridors are reflected and will be supported through compatible land uses. The proposed development is consistent with proposed transport infrastructure intended for the SBC (refer Figure 7). Infrastructure Charges Ordinarily, infrastructure charges would be payable under the Noosa Shire Council Charges Resolution (No.3) 2018, for the proposed development; however, under part 10.3 of the Infrastructure Agreement, no other infrastructure charges are payable with exception for water supply and sewerage infrastructure. This is provided the proposed development does not exceed the intensity of development envisaged under Master Plan 2, which forms Annexure 5 of the Infrastructure Agreement (Attachment 2). The proposed reconfiguring a lot is consistent with the SBC Map and the former Master Plan 2. It is noted that under part 10.4. of the Infrastructure Agreement, the applicant is required to pay infrastructure charges for water supply and sewerage, this being equivalent to water supply and sewerage headworks under former contributions policy. At the time of providing the sewerage pump station for the first stage, Council provided a letter dated 23 May 2007, giving a credit for sewerage infrastructure charges for future stages of the SBC based on the overall percentage of loading attributable to the adjoining site owned by Tetrex the time (refer Attachment 3). On this basis an amount of up to $59,548 would be allowed as at May 2007. While this is now a matter for Unitywater, it is hoped that this credit will be taken into consideration for any infrastructure charges payable for water supply and sewerage. 18028 – Stockwell Development Group Pty Ltd Page 25
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“Adamson Town Planning, specialising in providing higher order town planning advice” Conclusion The proposed development seeks to create nineteen (19) relatively large allotments that provide for various development precincts in accordance with the SBC Map. It is intended to make the site development ready by providing for the proposed allotments being serviced by the necessary infrastructure. All external infrastructure has been provided to service the development consistent with the terms of the Infrastructure Agreement established for the development of Stage 1. This includes the major external road linkages and dedication of 12.63ha of land containing significant environmental values for public purposes. The subject land is to be cleared in stages to reduce the impact upon native fauna. While the land contains a significant amount of native vegetation this is classified as Category X, being accepted development vegetation clearing not requiring approval from the State; however, does require a development approval for operational work from Noosa Council before clearing could occur. Given the intensity of development that is envisaged under the Noosa Plan for the SBC, it is not possible to retain vegetation other than that required by the SBC Map as is being proposed. This is evident by the existing development in other precincts where the land has been cleared and development allowed with substantial landscaping being provided. The subject land is within the Koala assessable development area under the State mapping. While this is case, the whole of the site was considered for development at the time master planning was undertaken with specialist reports being prepared considering the impact development would have on koala habitat. While it is accepted that under Schedule 11 of the Planning Regulation 2017, either offset planting and or contributions can be levied to compensate for the loss of koala habitat, this issue was considered at the time the Infrastructure Agreement was prepared for the whole of the land. The Infrastructure Agreement provides for the dedication of land, infrastructure works and contributions payable to give certainty to the developer and the Council for Stage 1 and the future stages of the SBC. In the circumstances it would not be reasonable to require further contributions or offset planting for the loss of koala habitat within the subject land. Detail design for the provision of all infrastructure necessary to service the development is to be provided at the operational works stage, this being consistent with the proposal plan and current engineering design standards under the planning scheme. The provision of water supply and sewerage infrastructure is to be provided in accordance with the requirements of Unitywater. The proposed development complies with the SBC Map and the relevant provisions under the Noosaville Locality Code and the Reconfiguring a Lot Code or could be conditioned to comply. Further, the proposed development can be conditioned to comply with the relevant Engineering Works Codes and the Landscaping Code. The proposed development should be approved subject to reasonable and relevant conditions being imposed. 18028 – Stockwell Development Group Pty Ltd Page 26