Delegated Report - Code - Planning MCU20/0145

Author	Maxwell Potter, Patrick Murphy
	Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0145
Applicant	Noosa Council
Proposal	Material Change of Use - Outdoor sport and recreation
Properly Made Date	2 December 2020
Information Request Date	7 January 2021
Information Response Date	4 February 2021
Decision Due Date	11 March 2021
Report Completed Date	8 March 2021
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	Noosa District Sports Complex 31 Butler St Tewantin Qld 4565
RP Description	Lot 372 MCH 3843
Land Area	29.7 hectares m²
Existing Use of Land	Sports court

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Recreation and Open Space Zone
Precinct	Not Applicable
Local Plan Area	Tewantin
Overlays	Land Subject to Acid Sulfate Soils Overlay Biodiversity, Waterways and Wetlands Overlay Bushfire Hazard Overlay Flood Hazard Overlay Landslide Hazard Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Outdoor sport and recreation. The proposal involves the construction of 2 x 18.5 meter high timber lighting poles to the perimeter of an existing netball court situated within the Noosa District Sports Complex. The lights will allow for a maximum 117 lux minimum across the four courts, with a max light intensity of 179 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 1 - Plan of light pole

The following image provides a locality plan and details the location of new light poles identified in yellow.

Figure 2 – Site Plan
Lighting upgrades, including 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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Recreation and Open Space Zone Code;
Tewantin Local Plan Code;
Recreation Activities Use Code;
Landscaping Works Codes;
The subject site is located in Tewantin and is zoned Recreation and Open Space. 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
Performance Outcomes PO8 – PO17 of the Recreation Activities Use Code relate to mitigating any impacts on amenity resulting from the proposed development.
The relevant Acceptable Solutions within the Recreation Activities Use Code seek that lighting associated with the use is designed, installed, operated and maintained in a manner that does not unreasonably impact on the amenity of an adjoining residential use. Further lighting is designed, installed, operated and maintained in accordance 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 max of 179 lux average 117 lux across the four courts (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 focussed 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 (provided by the applicant)
The location of the lights at the side of the netball courts are within a close proximity to neighbouring Blackbutt Court and may result in loss of amenity.
In response to this the applicant provided the following justification and photos.
The additional lights are needed in the side locations to ensure compliance with the minimum lux requirements and to avoid goal shots looking directly at the lights. The lights are facing downwards towards the courts and away from the neighbours. The poles have been installed as part of the Tewantin Sports Master Plan works. Images of the poles are provided below and their impacts when viewed from the closest neighbour’s property.
Figure 3 – Looking north east form the adjoining park (provided by the applicant)

Figure 4 – Looking northwest form the internal road (provided by the applicant)

Figure 5 – Looking north east towards the lights form the neighbouring properties (provided by the applicant)
As depicted in the photos provided by the applicant in figures 3 - 5, the proposed lighting faces downwards and away from the direction of the neighbouring residents. Further dense vegetation is located between land zoned Low Density Residential and the proposed lighting.
Therefore it is considered that the proposal will not result in annoyance, discomfort, distraction or 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.
Amenity - Noise
The relevant Acceptable Solutions within the Recreation Activities Use Code seek that an operation management plan is provided for Outdoor sport and recreation facilities outlining how the activity will minimise adverse impacts including: noise mitigation and noise management protocols; safety and security measures; crowd control; lighting; and waste management and collection.
The applicant supplied material including figures 2 – 5 and provided the following statement:
The Netball Club includes an Operational Management Plan detailing the times and dates for use of the courts. To respect the amenity of the neighbouring dwellings, the Club will not use speakers and buzzers before 7:30am and conclude by 21:05 Monday to Friday.
As demonstrated in the statement provided by the applicant in figures 2 - 5, the netball courts are separated from the Low Density Residential Zone by dense vegetation
Therefore it is considered that the proposal will not result in annoyance, discomfort, distraction or reduction in the ability to see essential information due to excessive spill lighting.
Height
Performance outcome PO15 of the Recreation and Open Space Zone Code requires buildings and structures to have a maximum height of 2 storeys. The proposed light towers, at 18.5 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 Blackbutt Court and part of Mackinnon Dive. The proposal, being 2 slim line structures, will not create visual bulk or impede access to light. It is noted that the structures may visible form a section of Mackinnon Drive with limited vegetation to the frontage. However as the lights are proposed within an Recreation and Open Space 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.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council 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 MCU20/0145 for a Material Change of Use - Outdoor sport and 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:	MCU20/0145
Street address:	Noosa District Sports Complex 31 Butler St Tewantin Qld 4565
Real property description:	Lot 372 MCH 3843
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council on 8 March 2021 decided to issue the following type of approval:
Development Permit for Material Change of Use - Outdoor sport and 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
A3 15279	F	Standard Dressing For 17.0m To 21.5m Timber Poles drawn by Energy Australia	Submitted 02.12.2020
-		Noosa District Netball Club, McKinnon Drive (light spill)	12.11.2020
		Noosa District Netball Association Operations Management Plan 2021	
Nature and Extent of Approved Use
The lights must not be turned on outside the following hours:
Monday to Sunday: 6:30am to 9.30pm
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 16.5 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 Australian Standard AS2560 Guide to Sports Lighting.
The vertical illumination resulting from direct, reflected or other incidental light emanating from the site does not exceed 8 lux when measured at any point 1.5 metres outside the boundary and at any level from ground level upward.
The use of the netball courts must be in accordance with the approved Noosa District Netball Association Operations Management Plan 2021.

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

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Activity

Public areas with dark surroundings
Simple orientation for short visits
Areas with traffic and corridors - stairways, escalators and travelators - lifts - storage spaces
Working areas where visual tasks are only occasionally performed
Warehouses, homes, theaters, archives, loading bays
Coffee break room, technical facilities, ball-mill areas, pulp plants, waiting rooms,
Easy office work
Class rooms

Normal office work, PC work, study library, groceries, show rooms, laboratories, check-out areas,
kitchens, auditoriums

Supermarkets, mechanical workshops, office landscapes
Normal drawing work, detailed mechanical workshops, operation theaters

Detailed drawing work, very detailed mechanical works, electronic workshops, testing and
adjustments

Performance of visual tasks of low contrast and very small size for prolonged periods of time
Performance of very prolonged and exacting visual tasks
Performance of very special visual tasks of extremely low contrast and small size

Illuminance
(tx, lumenim?)
20-50
50-100

150
200
250
300

500

750
1000
1500 - 2000
2000 - 5000

5000 - 10000
10000 - 20000