Minor Change Attachment 1 Response to Submissions

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4 November 2019


Glen Conforti
Assessment Manager
Noosa Shire Council
PO Box 141
TEWANTIN QLD 4565


Via email: [email protected]
CC: [email protected]


Dear Glen,



RESPONSE TO SUBMISSIONS FOR DEVELOPMENT APPLICATION FOR
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (UNDEFINED USE)
AT NOOSA MARKETPLACE AT 2-28, 20 HOFMANN DRIVE, NOOSAVILLE
(COUNCIL REF: MCU19/0054)
We continue to act on behalf of the Applicant, Noosa Spotlight Property 2 Pty Ltd, in relation to the
abovementioned application for the development at 2-18, 20 Hofmann Drive, Noosaville.

As Council is aware, this application has recently been publicly notified for a period of 15 business
days between 27 September 2019 to 22 October 2019. During the public notification period, we
understand that a total of four (4) submissions were received by Council which were all properly made
submissions.

We have provided a response to the key issues raised in the submissions below. The majority of the
issues raised have already been addressed in either the town planning report submitted with the
application or in the response to Council’s Information Request. Rather than repeating sections of
these documents again, we have simply referred to the relevant sections of these documents.

 Issues raised                                   Our response

 Sensitive land uses

 •   The proposed development will bring         •   As the proposed development is for a range of
     sensitive receptors within close                undefined land uses, proposed tenancies T3-
     proximity of the existing, and long             T13 are intended to be remain unallocated and
     established, industrial estate.                 flexible at this stage of the project.
     Specifically, for impacting on the              Nevertheless, The Noosa Plan does not
     existing Boral Concrete Plant’s 24-hour         specifically include indoor sport and recreation



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    operation. In particular, the T3 to T13       land uses as ‘Sensitive Receptors’. Whilst a
    Indoor sport and recreation/ Kids play        children’s play centre is a possible use, this
    centre backing onto the existing              type of operation would be undertaken indoors
    industrial development.                       and visitation would typically be for short time
                                                  periods, and predominantly on weekends.

                                              •   As noted in Boral’s submission, neither the
                                                  current Noosa Plan nor the Department of
                                                  Environmental and Science provide
                                                  recommended separation distances for
                                                  concrete batching plants.

Public areas and walkways within proximity

•   The design of Building 1 includes open    •   The breaks in Building 1 are provided in direct
    corridors between buildings – these           response to Council’s request to break up and
    appear to look into the existing              articulate the built form and to future proof the
    industrial development.                       development by allowing a future ‘potential’
•   Significant pedestrian walkways and           pedestrian connection to Leo Alley Road
    awning structures at the main building        (adjoining the industrial land west of the site). A
    frontages and along entries to the            landscape treatment can be considered to
    tenancies.                                    remove any overlooking or interface concerns.
                                              •   The concerns on pedestrian walkways appear
                                                  to be overstated, given that any developed site
                                                  of this size would have a significant number of
                                                  persons on site at any one time. The site
                                                  contains no residential, short-term
                                                  accommodation or caretakers dwelling, and is
                                                  zoned as Major Centre for urban purposes.

Seeking specific land uses

•   The proposal does not specify the         •   As mentioned in the town planning report, the
    specific land uses. There are no              proposed Noosa Marketplace seeks to deliver a
    specific gross floor areas for an             curated precinct-based experience, supporting
    undefined use.                                a range of new and emerging businesses and
                                                  creating a destination anchored by ‘retail
                                                  showroom’ uses. The Undefined Use intends to
                                                  provide for flexibility, however all uses are
                                                  stated and there are several restrictions in
                                                  place for certain tenancies within the definition.

•   The proposed shop component is            •   As mentioned in the town planning report, the
    inconsistent use under both the current       key principle of the specific outcomes of the
    and draft Noosa Plan.                         development supports a range of co-located



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                                                 uses (with certain restrictions where considered
                                                 necessary).

                                             •   This concern has been previously addressed in
                                                 our response to 0147 of the Noosaville Locality
                                                 Code forming part of our Information Response
                                                 letter.

Showroom land use

•   Seeking a consideration for the          •   There is a demonstrated need for large format
    additional development yield to be           retail / showroom uses over the site and this
    applied consistently and extended            has been covered off in the application and
    across to the Noosa Emporium.                information request response material. Need for
                                                 further showroom uses may be established for
                                                 other parts of the centre, however this does not
                                                 form part of this application.

Acoustic and air quality treatment

•  No air quality report or noise impact     • The acoustic assessment report can be
   assessment report is provided for this      conditioned as part of the development
   application. The development is             approval to specifically determine the scope of
   introducing new sensitive premises on       an appropriate western boundary fence
   the ability of the Boral’s concrete plant   treatment to protect visual and acoustic
   to comply with its current obligations to   amenity.
   control noise and air emissions.
Seeking covenant on title to limit nuisance complaints

•   Covenants are required to be placed on   •   This is considered an unreasonable request as
    Title acknowledging the order of             the existing use rights of adjoining industrial
    occupancy and limiting the ability of        tenancies will need to be respected.
    tenants to make complaints on
    nuisance grounds.
Building height

•   The proposed development disregard       •   As addressed in the information response
    for the current Council height               package, the proposal provides a range of
    restrictions.                                building heights.
                                             •   Significantly, Building 4 (co-working / office) has
                                                 been reduced to 3 storeys and 12m to meet
                                                 Council’s expectations.

Traffic impacts




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 •   Major congestion due to the large scale   •   As addressed in the information response
     of the project and its impact on the          package, an additional SIDRA traffic impact
     surrounding traffic network and current       assessment has been completed and the
     infrastructure has not been designed to       results conclude that there will be cross-
     accommodate the volume of traffic.            utilisation of the carparking, and the proposal is
                                                   expected to generate a lower traffic volume
 •   There are significant safety issues           than the previous Masters approval.
     turning into the developments proposed
     secondary carpark off Hofmann Drive
     directly across oncoming traffic.



If you have any questions regarding the above responses, or require any further information, please
do not hesitate to contact the undersigned or Andrew McKnight on (07) 3007 3800.

Yours faithfully,




Ashley Lane
Director




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